General Appropriations Bill H. 3400 for the fiscal year beginning July 1, 1997
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PAGE 493
LEGISLATIVE, EXECUTIVE
AND
LOCAL GOVERNMENT
PAGE 494
1 A99 - SECTION 3 - LEGISLATIVE DEPARTMENT
2
3 1. (LEG: Legislative Employee Designations) The positions included in this section designated (P) shall denote a
4 permanent employee and the salary is an annual rate. The positions designated (T) shall denote a temporary employee and
5 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
6 designated as (Interim) shall denote a temporary employee and the salary is for a period of six months to be paid at that rate
7 while the General Assembly is not in session. The positions designated (PTT) shall denote part-time temporary employees
8 on a twelve months basis. The positions designated (PPT) shall denote permanent part-time employees retained for full-time
9 work on a six months basis or the duration of the legislative session.
10 2. (LEG: House Employee Reimbursement) The Speaker of the House is authorized to reimburse travel and other
11 expenses incurred by employees of the House of Representatives for official business in accord with current rules and
12 regulations.
13 3. (LEG: Approved Accounts Expenditure) The clerks of the two Houses and the Legislative Council are authorized
14 to issue their warrants on Approved Accounts for necessary extra clerical or other services upon approval of the Speaker
15 of the House or Lieutenant Governor, respectively.
16 4. (LEG: Legislative Employee BPI/Merit) Notwithstanding any other provision of law, legislative employees
17 designated (P) or (PPT) shall receive base pay and average merit pay in the same manner as such pay is granted to classified
18 state employees. For purposes of this proviso, "legislative employees" does not include employees of the House of
19 Representatives.
20 5. (LEG: House Employees Salary Adjustments) Necessary temporary or permanent research assistants for the House
21 of Representatives shall be paid from Approved Accounts of the House upon approval of the Speaker with the advice and
22 consent of the Chairman of the standing committees. The Speaker may adjust salary levels of employees of the House, to
23 be paid for from funds carried forward from the Research Assistant Accounts.
24 6. (LEG: Interim Expenses Allowance) The Chairman of the Standing House and Senate Committees shall each be
25 allowed the sum of four hundred dollars for expenses during the interim, between sessions of the General Assembly, to be
26 paid from the House or Senate approved accounts, with each body paying the expense allowance of the chairman in its
27 membership.
28 7. (LEG: Subsistence/Travel Regulations) Notwithstanding any other provision of law:
29 a. Members of the General Assembly shall receive subsistence expense equal to the maximum allowable by regulation
30 of the Internal Revenue Code, for the Columbia area for each legislative day that the respective body is in session and in
31 any other instance in which a member is allowed subsistence expense. No member of the General Assembly except those
32 present are eligible for subsistence on that day. Legislative day is defined as those days commencing on the regular annual
33 convening day of the General Assembly and continuing through the day of adjournment sine die, excluding Friday,
34 Saturday, Sunday and Monday.
35 b. Standing Committees of the Senate and House of Representatives are authorized to continue work during the
36 interim. When certified by the Chairman, the members serving on such Committees shall receive a subsistence as provided
37 in item "a." above, mileage at the rate provided for by law, and the regular per diem established in this Act for members of
38 boards, commissions, and committees while attending scheduled meetings. Members may elect to receive actual expenses
39 incurred for lodging and meals in lieu of the allowable subsistence expense. The funds for allowances specified in this
40 proviso shall be paid to the members of the Senate or House of Representatives from the Approved Accounts of the
41 respective body except as otherwise may be provided.
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1 c. Joint Study Committees created pursuant to Acts and Resolutions of the General Assembly are authorized to
2 continue work during the interim to secure such information and complete such investigations as may be assigned to the
3 respective Committees. When certified by the Chairman, the members appointed to such Committees shall receive a
4 subsistence as provided in item "a." above, mileage at the rate provided for by law and the regular per diem established in
5 this Act for members of boards, commissions, and committees while attending scheduled meetings. Members may elect
6 to receive actual expenses incurred for lodging and meals in lieu of the allowable subsistence expense. The allowances
7 specified in this proviso shall be paid from funds appropriated to the respective Committees for such purposes, or from
8 Approved Accounts of the respective body of the General Assembly if no funds have been appropriated to such a Committee
9 for these purposes.
10 d. Members of the Senate and the House of Representatives when traveling on official State business shall be allowed
11 a subsistence as provided in item "a." above, transportation expenses as provided for by law and the regular per diem
12 established in this Act for members of boards, commissions, and committees upon approval of the appropriate Chairman.
13 When traveling on official business of the Senate or the House of Representatives not directly associated with a Committee
14 of the General Assembly, members shall be paid the same allowance upon approval of the President Pro Tempore of the
15 Senate or the Speaker of the House of Representatives. In either instance, the members may elect to receive actual expenses
16 incurred for lodging and meals in lieu of the allowable subsistence expense. The funds for the allowances specified in this
17 proviso shall be paid from the Approved Accounts of the Senate or the House of Representatives or from the appropriate
18 account of the agency, board, commission, task force or committee upon which the member serves.
19 8. (LEG: Expense/Compensation Vouchers) All vouchers for the payment of the expenses and/or compensation of
20 committees of the General Assembly shall be prepared by the Clerks of the two Houses.
21 9. (LEG: Senate Voucher Approval) All payroll vouchers disbursement vouchers, and interdepartmental transfers of
22 the Senate shall only require the approval of the Clerk of the Senate.
23 10. (LEG: Supplies Approval) Notwithstanding any other provision of law, all supplies for the Senate shall be
24 purchased only upon the authority of the Clerk of the Senate and all supplies for the House of Representatives shall be
25 purchased only upon the authority of the Clerk of the House.
26 11. (LEG: Telephone Service) The Clerks of the Senate and the House, with the approval of the Senate Operations and
27 Management Committee and the Speaker of the House, respectively, shall cause to be installed such telephone service as
28 may be appropriate for use of the membership and presiding officer of each legislative body.
29 12. (LEG: Research Directors Appointment) The Speaker of the House shall appoint the Executive Director of
30 Research. The Speaker, with the advice and consent of the individual committee chairman, shall appoint the Director of
31 Research for each standing committee.
32 13. (LEG: House Pages) One hundred forty-four Pages shall be appointed by the Speaker of the House of
33 Representatives and they shall be available for any necessary service to the House of Representatives.
34 14. (LEG: Sergeant-At-Arms & Director of Security Duties) The duties of the Sergeant-at-Arms and Director of
35 Security of the respective Houses and/or Assistant Sergeant-at-Arms shall be those provided by the Code, the Rules of the
36 respective Houses, those designated by the President Pro Tempore of the Senate or the Speaker of the House, the security
37 of personnel and property of the respective Houses, and in addition the Sergeant-at-Arms and Director of Security of the
38 respective Houses and/or Assistant Sergeant-at-Arms shall meet and escort visitors in and about their respective bodies and
39 shall, during the hours of duty, be dressed in a distinctive manner so as to be easily identified as Sergeant-at-Arms and
40 Director of Security of the respective Houses.
41 15. (LEG: Leg. Council Employment/Salary Adjustments) The Legislative Council is authorized to employ additional
42 stenographic or other help between sessions as the Council may deem necessary, at such salary or salaries as the Council
LEGISLATIVE DEPARTMENT PAGE 496
1 may set, to be paid from Approved Accounts. Notwithstanding any limitation or other provision of law to the contrary, the
2 Legislative Council may adjust salaries for Legislative Council personnel. Any adjustments made must be paid from funds
3 appropriated for the Council or from the funds appropriated to the Council under Section 3C for this purpose, or both.
4 16. (LEG: Leg. Information Systems Management) The Legislative Information Systems shall be under the direction
5 and management of a council composed of the President of the Senate, Speaker of the House, Chairman of Senate Finance
6 Committee, Chairman of House Ways and Means Committee, Chairman of the Senate Judiciary Committee and Chairman
7 of the House Judiciary Committee.
8 17. (LEG: Legislative Printing Management) The Office of Legislative Printing and Information Technology Resources
9 shall operate under the supervision and administrative direction of the Clerks of the respective Houses.
10 18. (LEG: State House Renovation) Any improvements and additions to the State House must be recommended or
11 approved by the State House Committee of the General Assembly, and that bidding, executing, and carrying out of contracts
12 shall be in accord with standing regulations and procedures for any other work of the same type applicable to agencies and
13 institutions of State government.
14 19. (LEG: Senate Research Personnel Compensation) Notwithstanding any other provision of law, Senate Research
15 personnel other than Directors of Research and the committee research staff shall be paid from funds appropriated for Senate
16 Research at the direction of the Clerk of the Senate.
17 20. (LEG: Legislative Council Availability) Personnel employed under the provisions of Subsection 3C of this section
18 for Legislative Research shall be available upon request of the Committee Chairman to work with the standing or interim
19 committees of the Senate and the House of Representatives.
20 21. (LEG: Contract for Services) The Standing Committees of the Senate may, upon approval of the President Pro
21 Tempore, contract with state agencies and other entities for such projects, programs, and services as may be necessary to
22 the work of the respective committees. Any such projects, programs or services shall be paid from funds appropriated for
23 contractual services.
24 22. (LEG: Jt. Leg. Committee Operational Authorization) Only the Joint Legislative Committees for which funding
25 is provided herein are authorized to continue operating during the current fiscal year under the same laws, resolutions, rules
26 or regulations which provided for their operations during the prior fiscal year.
27 23. (LEG: Legislative Carry Forward) In addition to the funds appropriated in this section, the funds appropriated under
28 Sections 3A, 3B, 3C, 3D, and 3G for the prior fiscal year which are not expended during that fiscal year may be carried
29 forward to be expended for the same purposes in the current fiscal year.
30 24. (LEG: Senate Expenditures/O&M Committee) Notwithstanding any limitation or other provisions of law to the
31 contrary, funds expended by the Senate for salary adjustments, professional fees and dues and necessary expenses, supplies,
32 and equipment for Senate employees, must be paid from funds appropriated to the Senate Operations and Management
33 Committee and funds available in approved accounts of the Senate, and shall be authorized and allocated in such manner
34 as determined by the Senate Operations and Management Committee.
35 25. (LEG: Nurses) The State shall provide to the nurses under Subsection 3A of this section the same leave time and
36 basic health and accident insurance coverage as is provided other state employees pursuant to law. All of the amount
37 provided in 3A for nurses shall be utilized for the specified purpose.
38 26. (LEG: Dues) The funds provided herein for the Council of State Governments and the National Conference of State
39 Legislatures are appropriated to be paid as dues to the respective organizations and these funds shall not be transferred to
40 any other program.
41 27. (LEG: Copy of Act to Counties) Notwithstanding any other provision of law, the Clerk of the House is required
42 to send only one copy of each Act to the Clerk of the Court of the various counties.
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1 28. (LEG: In-District Compensation) All members of the General Assembly shall receive an in district compensation
2 of $300 per month for the months of July, 1994 through December, 1994. All members of the General Assembly shall
3 receive an in district compensation of $1,000 per month effective January 1, 1995.
4 29. (LEG: Additional House Support Personnel) An amount of $150,000 is appropriated for the purpose of providing
5 additional support personnel to assist House members who are not already being furnished with direct legislative assistance
6 in the conduct of their Legislative responsibilities. This amount shall be used for staffing requirements where necessary for
7 part time personnel. The additional personnel shall be used only when the House is in regular, extended, or special session.
8 At a member's request, the House Operations and Management Committee may use any unexpended portion of a member's
9 allotment to purchase equipment for a member's office. The amount herein appropriated for additional support personnel
10 to assist House members shall be allocated to each member on a pro-rata basis. Each member may choose to expend his
11 allocation for an individual legislative aide or may choose to combine his allocation with allocations of other House
12 members for a legislative aide to assist each of the members contributing to the expense of that aide.
13 30. (LEG: Per Diem) No per diem may be paid to any person from more than one source for any one calendar day.
14 31. (LEG: House Postage) The Speaker of the House is authorized to approve no more than $600 per member per fiscal
15 year for postage.
16 32. (LEG: Legislative Dual Employment) Each committee and joint legislative committee provide a list to the members
17 of the General Assembly of all employees who hold dual positions of state employment.
18 33. (LEG: Legislative Council Proofreaders) The Director of the Legislative Council is authorized to have the staff
19 proofreaders work one month before and one month after the session.
20 34. (LEG: Study Committee - Education) A joint study committee, consisting of three members of the House Ways
21 and Means Committee appointed by the Chairman of the House Ways and Means Committee, one member of the House
22 Education and Public Works Committee appointed by the Chairman of the House Education and Public Works Committee,
23 three members of the Senate Finance Committee appointed by the Chairman of the Senate Finance Committee, one member
24 of the Senate Education Committee appointed by the Chairman of the Senate Education Committee, and three members
25 appointed by the Governor, shall study formula funding in education programs. The Chairman of the Senate Finance
26 Committee shall convene the initial meeting of the study committee. The formulas to be studied include those utilized in
27 Education Finance Act programs, the determination of the Southeastern average teacher pay, and the funding of institutions
28 of post-secondary education. The State Board of Education, the State Board for Technical and Comprehensive Education,
29 the Commission on Higher Education and any institution of post-secondary education or school district must provide the
30 committee such information as the committee requests. The first priority for committee study is the Education Finance Act
31 including, but not limited to, the base student cost, the index of taxpaying ability including specifically the impact of the
32 emergence of totally self-reliant school districts upon the formula and the annual inflation factor. The expenses of the
33 legislative members of the study committee shall be paid from the approved accounts of their respective bodies. The
34 expenses of the gubernatorial appointees shall be absorbed within the Governor's office.
35 35. (LEG: House Staff Reclassification/Compensation) The appropriation for Staff Reclassification Compensation
36 provided for in Section 3B is for use by the Speaker for reclassification and salary adjustment of any employee of the House
37 of Representatives after consultation with the Operations and Management Committee and the chairmen of the other
38 Standing Committees of the House.
39 36. (LEG: House/Senate Staff Outside Employment) Full-time employees of the House of Representatives and the
40 Senate are prohibited from outside employment during normal working hours, except with the permission of an employee's
41 department head, and annual leave must be taken for any approved outside employment.
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1 37. (LEG: Guardian Ad Litem Pgm. Technology Equipment) Notwithstanding any other provision of law, or agency
2 regulation, requirement or policy to the contrary, the Guardian Ad Litem Program is authorized to procure necessary
3 technology equipment under the provisions and procedures set forth in Chapter 35 of Title 11 of the 1976 Code as amended.
4 38. (LEG: Dialup Facility) Upon review and approval by the Council as provided in 3.16., Legislative Information
5 Systems is authorized to charge fees for the use of its Dialup Facility and to retain, use and carry forward these funds to be
6 used only for equipment and maintenance for this Facility.
7 39. (LEG: Leg. Council Combined Position) The Director of the Legislative Council, with the approval of the Council,
8 is authorized to combine two or more stenographic, clerical, technical assistant, or administrative assistant positions into
9 one with a job description for the combined position to be approved by the Council, with a compensation level also approved
10 by the Council. The appropriations or any portion thereof for the positions combined into one may be used to fund the
11 combined position.
12 40. (LEG: Reorganization Comm. Publications Carry Forward) The State Reorganization Commission shall provide
13 a copy of all publications to each member of the General Assembly, the Governor, and the Lieutenant Governor. The
14 Commission may also provide a copy of publications to state agency directors. The Commission may charge, for additional
15 copies, and other requests for publications, an amount to cover the cost of printing and expenses of postage and shipping
16 of publications. Revenue generated may be retained and expended by the Commission to reimburse it for the printing of
17 its publications and to pay the expenses of postage and shipping. Any remaining balance in the sale of publications account
18 may be carried forward and expended for the same purpose.
19 41. (LEG: Sales Tax on Copies of Legislation) No sales tax is required to be charged or paid on copies of or access to
20 legislation or other informational documents provided to the general public or any other person by a legislative agency when
21 a charge for these copies is made reflecting the agency's cost thereof. Funds received as revenue from the sale of materials
22 or as reimbursements for the cost of providing certain supplies or services or refunds must be remitted to the State Treasurer
23 as collected, but in no event later than twelve (12) working days from the date of the receipt of any such funds.
24 42. (LEG: House Postage/Telephone Allocation) Any member of the House who has not used all of his annual
25 allocation for postage or all of his annual allocation for telephone expenses may use the remaining funds in one category
26 in the other category during that year.
27 43. (LEG: Jt. O&M Committee/Jt. Legislative Committees) It shall be the responsibility of the Joint Operations and
28 Management Committee to allocate funds to the Joint Legislative Committees.
29 44. (LEG: House Personnel BPI/Merit/Bonus Compensation) Notwithstanding any limitation or other provisions of
30 law to the contrary, the Speaker shall authorize and allocate any base pay increase, merit pay or bonus among House staff
31 in the manner that the Speaker determines after consultation with the Operations and Management Committee and the
32 Chairmen of the standing committees of the House.
33 45. (LEG: General Assembly Exemption) Notwithstanding any other provision of law or regulation, or any limitation
34 or provision contained in this act, each branch of the General Assembly is exempt from any provision which requires the
35 approval of the Budget and Control Board or any other executive branch agency for the expenditure, management or transfer
36 of any authorized appropriations.
37 46. (LEG: State House Renovation Schedule) The State House Committee is authorized, beginning in July 1994 to
38 establish schedules for the completion of the State House Renovation project by January 1, 1997. General Services must
39 submit to the State House Committee, schedules that will accomplish these time frames. The General Assembly will relocate
40 to the Carolina Plaza for the 1996 and 1997 sessions. Work should begin at such time so as to ensure the readiness of the
41 Carolina Plaza for the 1996 and 1997 sessions of the General Assembly. Upon the approval of these schedules by that
42 Committee all current tenants of the State House will be relocated to other space within the Capital Complex area.
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1 Reassignment of space by the State House Committee must be completed prior to the completion of the State House
2 Renovation project.
3 47. (LEG: House Ethics Committee) The House of Representatives Legislative Ethics Committee shall deposit revenues
4 from penalties assessed by the committee and copying of documents into the General Fund.
5 48. (LEG: Prohibit General Assembly Compensation - Felony Conviction) No member of the General Assembly who
6 has been convicted of a felony under state or federal law or who has pled guilty or nolo contendere to these offenses may
7 receive compensation or reimbursable expenses provided for members of the General Assembly in this act. However, this
8 item does not apply to a person who has been pardoned under state or federal law of the disqualifying felony.
9 49. (LEG: Reorganization Commission Carry Forward Transfer) Of the funds carried forward from FY 96-97, the
10 State Reorganization Commission shall transfer $43,750 to the Legislative Audit Council.
11
12 C05 - SECTION 5 - ADMINISTRATIVE LAW JUDGE DIVISION
13
14 1. (ALJ: Copying Costs Revenue Deposit) The Administrative Law Judge Division shall retain and expend, for the
15 same purpose for which it is generated, all revenue received during the current fiscal year as payment for printing and
16 distributing copies of court rules and other agency documents.
17
18 D21 - SECTION 6DD - GOVERNOR'S OFFICE
19
20 1. (GOV: OEPP - Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, in
21 Subsection 6C of this Section "Implementing Federal Programs" may be carried forward to the current fiscal year and used
22 for matching committed and/or unanticipated Grant Funds.
23 2. (GOV: OEPP - Mining Council Carry Forward) Any unexpended balance on June 30, of the prior fiscal year of
24 funds, not to exceed $2,000, appropriated under Section 6C I Special Items: Mining Council may be carried forward and
25 expended for this same purpose in the current fiscal year.
26 3. (GOV: OEPP - Developmental Disabilities Program) The South Carolina Developmental Disabilities Program of
27 the Office of the Governor, Office of Executive Policy and Programs is authorized to provide aid to sub-grantees for projects
28 and services to benefit persons with developmental disabilities. The intent of this provision is not to duplicate other State
29 Agency programs which are considered the legal and programmatic mandate of existing State agencies, but rather to fill gaps
30 that exist in the state service delivery system related to his target population as identified and addressed in the
31 Developmental Disabilities State Plan.
32 4. (GOV: OEPP - Development Disabilities Case Coordination System) $112,559, less any pro rata share adjustment
33 of any mandated base budget reduction, of the sums appropriated under OEPP, Allocations to Other State Agencies must
34 be for the South Carolina Development Disabilities Case Coordination System.
35 5. (GOV: OEPP - CCRS Evaluations & Placements) The amount appropriated in this Section under Special Items
36 Children's Case Resolution System for Private Placement of Handicapped School-Age Children must be used for expenses
37 incurred in the evaluation of children referred to the CCRS to facilitate appropriate placement and to pay up to forty percent
38 when placement is made in-state and up to thirty percent when placement must be made out-of-state of the excess cost of
39 private placement over and above one per pupil share of state and local funds generated by the Education Finance Act, and
40 the one per pupil share of applicable federal funds; provided it has been established that all other possible public placements
41 are exhausted or inappropriate. The balance of funding responsibility necessary to provide the child with services must be
42 determined by the Children's Case Resolution System (CCRS) and apportioned among the appropriate public agencies on
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1 the basis of the reasons for the private placement. When the amount appropriated in this section is exhausted, the funding
2 responsibility must be apportioned according to the procedures of the CCRS.
3 6. (GOV: SLED - Special Account Carry Forward) Funds awarded to the State Law Enforcement Division by either
4 court order or from donations or contributions shall be deposited in a special account with the State Treasurer, and shall be
5 carried forward from year to year, and withdrawn from the Treasurer as needed to fulfill the purposes and conditions of the
6 said order, donations or contributions, if specified, and if not specified, as may be directed by the Chief of the State Law
7 Enforcement Division. Funds expended from the special account must be reviewed by the Joint Appropriations Review
8 Committee annually reported by October 1st to the Ways and Means Committee and the Senate Finance Committee.
9 7. (GOV: SLED - Computer/Communications Center Carry Forward) Revenue generated from the operation of the
10 Division's criminal justice computer/communications center and not expended during the prior fiscal year may be carried
11 forward and expended for the same purpose during the current fiscal year.
12 8. (GOV: SLED - Criminal Record Search Fee) The State Law Enforcement Division is hereby authorized to charge,
13 collect and carry forward a fee, not to exceed $25 each, for criminal record searches conducted pursuant to Regulations
14 contained in Chapter 73, Article 3, Subarticle 1 of the Code of State Regulations. Any such fees shall be retained and used
15 for agency operations.
16 9. (GOV: SLED - Revenue Carry Forward) Notwithstanding any other provision of law, all revenue generated by
17 SLED from the sale of vehicles, various equipment, gasoline and insurance claims during the prior fiscal year may be
18 retained carried forward and expended for the purpose of purchasing like items.
19 10. (GOV: OEPP - Program Budget) The Governor's Office shall submit to the Ways and Means Committee and Senate
20 Finance Committee by January 1 of each year, a Program Budget for Section 6C enumerating the planned use of Federal,
21 State and Other Funds.
22 11. (GOV: SLED - Agents Operations Carry Forward) Any unexpended balance on June 30, of the prior fiscal year,
23 in subsection 6B of the Section "Agents Operations" may be carried forward and expended for the same purpose in the
24 current fiscal year.
25 12. (GOV: OEPP - CCRS Significant Fiscal Impact) In accordance with Section 20-7-5240 (e) of the 1976 Code,
26 "significant fiscal impact" in the current fiscal year shall be defined for each designated agency as the greater of (1) funds
27 appropriated by the General Assembly for the current fiscal year on cases referred to, decided or placed through the
28 Children's Case Resolution System or (2) that agency's assigned shares in the current fiscal year of five cases decided by
29 the Children's Case Resolution System.
30 13. (GOV: SLED - Match for Federal Grants Carry Forward) State appropriations to SLED that are required to provide
31 match for federal grant programs in the prior fiscal year may be carried forward into the current fiscal year and expended
32 for the same purpose as originally appropriated.
33 14. (GOV: SLED - Night Telephone Operators Accommodations) The State Law Enforcement Division is hereby
34 authorized to provide accommodations/utility service without any charge to night telephone operators.
35 15. (GOV: SLED Clothing Allowance) The State Law Enforcement Division is hereby authorized to provide agents
36 and criminalists with an annual clothing allowance (on a pro rata basis) not to exceed $400 per agent/criminalist for required
37 clothing used in the line of duty.
38 16. (GOV: SLED - Witness Fee) The State Law Enforcement Division is hereby authorized to charge a witness fee of
39 $100.00 per hour up to $400.00 per day for each criminalist testifying in civil matters which do not involve the State as a
40 part in interest. This fee shall be charged in addition to any court prescribed payment due as compensation or reimbursement
41 for judicial appearances and deposited into a designated revenue account.
42 17. (GOV: Governor's Office Budget) All other provisions of law notwithstanding, the Office of Executive Policy and
GOVERNOR'S OFFICE PAGE 501
1 Programs section, the Executive Control of State section and Mansion and Grounds section shall be treated as a single
2 budget section for the purpose of transfers and budget reconciliation.
3 18. (GOV: SLED - RAID Team) Membership of the Retaliation Against Illegal Drugs (RAID) Team and all expenses
4 thereto shall be comprised only of law enforcement agents of the State Law Enforcement Division.
5 19. (GOV: Victim Advocate Policy Committee) The policy committee appointed pursuant to Section 79.3 of the 1988-
6 89 General Appropriations Act is hereby continued for the purpose of monitoring the implementation of the guidelines
7 developed by it, making such revisions as appear appropriate, assisting and advising the director in development and revision
8 of forms, information and criteria used to evaluate compliance with the guidelines by victim advocate programs in solicitor's
9 offices.
10 The information gathered from these programs shall be aggregated by the director into the annual report of the agency
11 which is submitted to the Governor, Speaker of the House of Representatives and the President of the Senate.
12 20. (GOV: Victim Assistance Programs) It is the intent of the General Assembly that the amounts appropriated in this
13 section for victim assistance programs in solicitors' offices shall be in addition to any amounts presently being provided by
14 the county for these services and may not be used to supplant funding already allocated for such services. Any reduction
15 by any county in funding for victim assistance programs in solicitors' offices shall result in a corresponding decrease of state
16 funds provided to the solicitors' office in that county for victim assistance services. Each solicitor's office shall submit an
17 annual financial and programmatic report which describes the use of these funds. The report shall be submitted to the
18 Governor, the Attorney General, the Chairman of the House Ways and Means Committee, and the Chairman of the Senate
19 Finance Committee on October 1, for the preceding fiscal year.
20 21. (GOV: Establish Victim/Witness Program) The funds appropriated in this section for Victim/Witness Program must
21 be equally divided among the judicial circuits, less any adjustments made for budget reductions. The funds for each circuit
22 must be distributed to the solicitor's office of that circuit and only used by the solicitor for the purpose of establishing a
23 Victim/Witness Program in the circuit which shall provide, but not be limited to, the following services:
24 (1) Make available to victims/witnesses information concerning their cases from filing in general sessions court through
25 disposition.
26 (2) Keep the victim/witness informed of his rights and support his right to protection from intimidation.
27 (3) Inform victims/witnesses of and make appropriate referrals to available services such as medical, social, counseling,
28 and victims' compensation services.
29 (4) Assist in the preparation of victims/witnesses for court.
30 (5) Provide assistance and support to the families or survivors of victims where appropriate.
31 (6) Provide any other necessary support services to victims/witnesses such as contact with employers or creditors.
32 (7) Promote public awareness of the program and services available for crime victims.
33 The funds may not be used for other victim-related services until the above functions are provided in an adequate manner.
34 22. (GOV: Victim/Witness Program Formula Distribution) If funds in the South Carolina Victims' Compensation Fund
35 exceed the amount required to operate the State Office of Victims Assistance and pay claims of crime victims the first
36 $650,000 of such excess must be used for Victim/Witness Programs by distribution to Judicial Circuits based on a formula
37 and criteria developed by the Policy Committee, and otherwise subject to requirements of Section 6DD.20 and 6DD.22.
38 23. (GOV: Physical Abuse Examinations) Of the funds appropriated in this section for Victims' Rights, up to $60,000
39 may be expended for physical abuse examinations.
40 24. (GOV: SLED-ABC Enforcement-Confiscated Alcoholic Beverage Revenue) The State Law Enforcement Division
41 is directed to maintain adequate records accounting for the receipt of funds from the sale of confiscated alcoholic beverages.
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1 Such revenue shall be deposited to the credit of the General Fund of the State after deducting the cost of confiscation and
2 sale.
3 25. (GOV: Veterans' Affairs-Aid to Counties) In the allocation of the appropriation in this section as adjusted for "Aid
4 to Counties--Operation of County Office," each county shall receive an effective annual amount equal to 100% of the
5 amount allocated to it for the prior fiscal year plus an amount equivalent to base pay increases for state employees, less any
6 adjustments made for budget reductions.
7 26. (GOV: Continuum of Care - Carry Forward) The Division of Continuum of Care may carry forward funds
8 appropriated herein to continue services.
9 27. (GOV: Division of Women - Donations & Contributions) The Division of Women is authorized to accept donations
10 and contributions to provide services as authorized by state law. Such funds are to be deposited in a special account with
11 the State Treasurer and shall be carried forward from year to year, and withdrawn from the Treasurer as needed to fulfill
12 the purposes and conditions of the said donations or contributions, if specified, and if not specified, as may be approved by
13 the Division of Women. State appropriations will not supplement those services funded by donations or contributions.
14 28. (GOV: Division of Women - Revenue Carry Forward) The Division of Women may retain funds received from
15 luncheon fees and souvenir sales for general operating expenses. Any unexpended revenue from these sources may be
16 carried forward into the current fiscal year to be expended for the same purposes.
17 29. (GOV: Foster Care - Reduction in Funds Separation) In recognition of the fact that the funds appropriated for the
18 Division of Foster Care contain both funds appropriated for use by the Division Review System and "pass through" funds
19 designated for use by the South Carolina Protection and Advocacy for the Handicapped, any reduction in funds appropriated
20 for either shall be calculated based upon the separate funds for the respective entities rather than based upon the combined
21 budget of the two organizations.
22 30. (GOV: Foster Care - Private Foster Care Reviews) The Division of Foster Care is authorized to restructure its
23 programs, including but not limited to, suspending reviews of children privately placed in private foster care and/or changing
24 the location of reviews of children in public foster care, to maintain continuous operations within existing resources as
25 dictated by recent budget reductions. These decisions must be based upon the availability of existing funds. This provision
26 supersedes any previous statutory or regulatory mandate.
27 31. (GOV: Foster Care - Medicaid Eligible Children) It is the intent of the General Assembly to ensure that placements
28 of emotionally disturbed medicaid eligible individuals under the age of twenty-one in residential therapeutic treatment are
29 appropriate and that the level of care provided each child is offered in the least restrictive environment appropriate to meet
30 the child's treatment needs. The statutory powers and functions of the Division of Foster Care are expanded to develop,
31 implement, and manage a quality assurance review system under contract with the Department of Health and Human
32 Services. This paragraph supersedes any previous statutory or regulatory mandate.
33 32. (GOV: Div. on Aging - State Match Funding Formula) Of the state funds appropriated under "Distribution to
34 Subdivisions", the first allocation by the Division on Aging shall be for the provision of required State matching funds
35 according to the Division's formula for distributing Older Americans Act funds, based on the official United States census
36 data for 1990. The balance of this item, but not to exceed five hundred thousand dollars ($500,000) shall be distributed
37 equally to the planning and service areas of the State. In the event State appropriations are reduced, reductions to the
38 planning and service areas shall be based on amounts distributed in accordance with the previous requirements.
39 33. (GOV: Div. on Aging - State Matching Funds Carry Forward) Any unexpended balance on June 30 of the prior
40 fiscal year, of the required State matching funds allocation, of the amount appropriated in this section under Distribution
41 to Subdivisions, shall be carried forward in the current fiscal year to be used as required state matching funds for Federal
42 funds awarded to subdivisions on or before September 30 of the current fiscal year.
GOVERNOR'S OFFICE PAGE 503
1 34. (GOV: Div. on Aging - Recycle Program) The Division on Aging is hereby authorized to collect, expend, and carry
2 forward not more than $1,000 in revenues from the sale of items to be recycled.
3 35. (GOV: Div. on Aging - Registration Fees) The Division on Aging is authorized to receive and expend registration
4 fees for educational, training, and certification programs.
5 36. (GOV: OEPP - Federal, Other Flow Through Funds) In order to complete projects begun in a prior fiscal year, the
6 Governor's Office is authorized to expend Federal and Earmarked Funds in the current fiscal year for expenses incurred in
7 the prior fiscal year.
8 37. (GOV: Div. on Aging - Alzheimer's Matching Grants) Of the funds appropriated herein for Alzheimers, grants
9 awarded to assist communities and entities in addressing problems relative to Alzheimer's disease and other related disorders
10 must be matched with additional funds or in-kind contributions by the community or other entity equal to the amount of
11 funds awarded in the grant.
12 38. (GOV: OEPP - Law Enforcement Victim's Advocate-LEVA) DELETED
13 39. (GOV: OEPP - Governor's School for Arts & Humanities) Of the funds appropriated in this section for the
14 Governor's School for the Arts and Humanities, such funds may be used for personal services, operating expenses,
15 equipment and other expenses as necessary to complete the school.
16 40. (GOV: SLED - Concealed Weapon Permit) The State Law Enforcement Division shall collect, retain and carry
17 forward all fees associated with the Concealed Weapon Permit program.
18
19 E08 - SECTION 8 - SECRETARY OF STATE'S OFFICE
20
21 1. (SS: Records Fee/Computer & Telephone Equipment) The Secretary of State may establish and collect fees not
22 to exceed the actual cost of searching for or making copies of records. Such records shall be furnished at the lowest possible
23 cost to the person requesting the records. The Agency may retain these funds for the purposes of purchasing and
24 maintaining computer and telephone facsimile equipment. The Agency may charge a reasonable hourly rate for making
25 records available to the public and require a reasonable deposit of such costs prior to searching for or making copies of the
26 records.
27 2. (SS: Insufficient Check Recovery Fines/Retention and Carry Forward) The Secretary of State may establish, collect
28 and retain fines to recover the costs associated with the collection of dishonored checks returned to this Agency due to
29 insufficient funds. Such fines shall be retained and expended by this Agency in accordance with this purpose and any unused
30 amount shall carry forward to the following fiscal year.
31
32 E12 - SECTION 9 - COMPTROLLER GENERAL'S OFFICE
33
34 1. (CG: Signature Authorization) The Comptroller General is hereby authorized to designate certain employees to
35 sign, in his stead, warrants drawn against the State Treasurer and the State Treasurer is hereby authorized to accept such
36 signatures when notified by the Comptroller General. This provision shall in no way relieve the Comptroller General of
37 responsibility.
38 2. (CG: GAAP Implementation & Refinement) It is the intent of the General Assembly to oversee the conversion of
39 the financial statements issued for the State of South Carolina and these financial statements shall be in conformance with
40 Generally Accepted Accounting Principles (GAAP) by the earliest possible date. To this end, the Comptroller General is
41 directed, as the State Accounting Officer, to proceed with the implementation and refinement of the Statewide Accounting
42 and Reporting System (STARS) so as to develop a reporting system that will result in the preparation of the official financial
COMPTROLLER GENERAL'S OFFICE PAGE 504
1 reports for the State of South Carolina by the State Accounting Officer in conformance with Generally Accepted Accounting
2 Principles (GAAP). The Comptroller General, as the State Accounting Officer, is given full power and authority to issue
3 accounting policy directives to State agencies in order to comply with Generally Accepted Accounting Principles. The
4 Comptroller General is also given full authority to conduct surveys, acquire consulting services, and implement new
5 procedures required to fully implement Generally Accepted Accounting Principles under the oversight of the General
6 Assembly.
7 3. (CG: Out-of-State Promotional Activities Expenses) The Comptroller General may approve warrants for the
8 payment of expenses for out-of-state promotional activities only when, in his opinion, such expenses are related to economic
9 development in South Carolina.
10 4. (CG: Payroll Deduction Processing Fee) There shall be a fee for processing payroll deductions, not to exceed 5
11 cents, for insurance plans, credit unions, deferred compensation plans and professional associations per deduction per pay
12 day. Proceeds shall be remitted to the General Fund of the State. This fee shall not be applied to charitable deductions.
13 5. (CG: Lump Sum Agencies GAAP Implementation) The Comptroller General's Office, in conjunction with lump
14 sum agencies, is hereby directed to implement appropriate accounting procedures to consolidate accounts where necessary
15 for proper accounting and thereby facilitate financial reporting in accordance with Generally Accepted Accounting
16 Principles.
17 6. (CG: EDI/EFT Pilot Project) The Comptroller General shall establish and coordinate a pilot project to provide the
18 capability for agencies to process vendor invoices and vendor payments through Electronic Data Interchange (EDI) or
19 Electronic Funds Transfer (EFT).
20
21 E16 - SECTION 10 - STATE TREASURER'S OFFICE
22
23 1. (TREAS: Nat'l. Forest Fund - Local Gov't. Compliance) In order to conform to federal requirements local
24 governments receiving distributions of National Forest Fund revenues are required to report annually to the State Treasurer
25 indicating compliance with authorized purposes.
26 2. (TREAS: STARS Approval) Decisions relating to the Statewide Accounting and Reporting System (STARS) which
27 involve the State Treasurer's Banking Operations and other functions of the State Treasurer's Office shall require the
28 approval of the State Treasurer.
29 3. (TREAS: Investments) The State Treasurer may pool funds from accounts for investment purposes and may invest
30 all monies in the same types of investments as set forth in Sections 11-9-660 and 11-9-661.
31 4. (TREAS: General Reserve Fund Transfer) The State Treasurer's Office is authorized to transfer $6,271,409
32 $3,373,537 of General Funds to the General Reserve Fund on July 1, 1996 1997, to comply with Article III, Section 36 of
33 the Constitution. This amount of General Funds must be replaced as the first priority of any FY 1995-96 1996-97 surplus.
34 5. (TREAS: Management and Operating Fees) The State Treasurer is authorized to charge a fee fees for the operating
35 and management costs associated with the Local Government Investment Pool, and the Deferred Compensation Program,
36 South Carolina Retirement Systems Investment Program, and Unclaimed Property Program and is further authorized to
37 retain and expend the fees to provide these services. The fees assessed charged may not exceed the cost of the provision
38 of such services.
39
40 E24 - SECTION 15 - ADJUTANT GENERAL'S OFFICE
41
42 1. (ADJ: Tuition Assistance Program) Funds received from students who failed to enroll or withdraw from programs
ADJUTANT GENERAL'S OFFICE PAGE 505
1 under the Tuition Assistance Program may be deposited in the Tuition Assistance Program Appropriation Account and
2 expended for the same purpose as the original appropriation.
3 2. (ADJ: Unit Maintenance Funds) Notwithstanding any other provision of law, the funds appropriated as unit
4 maintenance funds shall be distributed to the various National Guard units at the direction of the Adjutant General.
5 3. (ADJ: Revenue Collections) All revenues collected by National Guard units from county and city appropriations,
6 vending machines, rental of armories, court martial fines, federal reimbursements to armories for telephone expenses, and
7 other collections be retained and expended in its budgeted operations.
8 4. (ADJ: Rental Fee for Election Purposes) The maximum fee that an armory may charge for the use of its premises
9 for election purposes shall be the cost of providing custodial services, utilities and maintenance.
10 5. (ADJ: Parking Lot Revenues) Notwithstanding other provisions of this Act, as a security measure for the State
11 Military Department's headquarters building and grounds, the Adjutant General may control and contractually lease the
12 headquarter's building parking facilities, during events at the University of South Carolina's Williams-Brice Stadium, to a
13 state chartered and federally recognized 501(c)(4) tax exempt agency employees' association who may then sub-lease
14 individual parking spaces. Such a contract must require the employees association to obtain liability insurance against
15 wrongful death or injury. The contract must clearly hold the Adjutant General's Office, its officers, and the State of South
16 Carolina harmless from any liability resulting from the use of the parking lot when rented by the employees association.
17 In addition, the contract must specify that the State of South Carolina's Military Department shall receive no less than thirty-
18 three percent of the gross profits from the sub-leasing of the parking spaces. The contract must allow the State to audit the
19 employees association's funds. Funds at the Adjutant General's Office derived wholly from the rental of Adjutant General's
20 headquarters' parking lot may be retained at the Adjutant General's Office, but may not be used for employee prerequisites.
21 6. (ADJ: State Guard Uniforms) Any element of the Militia of this State may be uniformed in such surplus uniforms
22 as may be made available to this State, except that the insignia of the United States shall be removed and for it shall be
23 substituted distinctive insignia of the State of South Carolina.
24 7. (ADJ: Armory Rental Program) The Adjutant General is authorized to develop and implement an armory rental
25 program to recoup costs associated with the use of armories by state agencies or other non-Guard organizations. The rental
26 program must be uniform in its application to the maximum extent possible. Funds generated by this program may be
27 retained and expended for armory maintenance and operations.
28 8. (ADJ: Emergency Preparedness) Of the funds appropriated in the amount of $473,500 to the Adjutant General for
29 Emergency Preparedness due to the potential loss of Federal Funds, $267,316 shall be designated for armory repairs and
30 maintenance and $125,494 for Operations at McEntire Air Base in the event that the Federal Funds are received. The
31 remaining appropriated funds shall lapse to the General Fund.
32
33 E28 - SECTION 16 - ELECTION COMMISSION
34
35 1. (ELECT: County Registration Board and County Election Commission Compensation) The amounts appropriated
36 in this section for "County Registration Board Members and County Election Commissioners," shall be disbursed annually
37 to the County Treasurer at the rate of $1,000 for each member, not to exceed $10,000 per county. The County Treasurer
38 shall use these funds only for the compensation of County Registration Board Members and County Election
39 Commissioners. Any funds not used for this purpose shall be returned to the State Treasurer. These funds are exempted
40 from mandated budget reductions. In addition, in the calculation of any across the board agency base reductions mandated
41 by the Budget and Control Board or the General Assembly, the amount of funds appropriated for compensation of County
42 Registration Board Members and County Election Commissioners shall be excluded from the agency's base budget.
ELECTION COMMISSION PAGE 506
1 2. (ELECT: Elections Managers & Clerks Per Diem) Managers and clerks of state and county elections shall receive
2 a per diem of $35.00; but managers shall not be paid for more than two days for any election and clerks for not more than
3 three days for any election. The Commission may adjust the per diem of $35.00 for the managers and clerks of the statewide
4 election to a higher level only to the extent that the appropriation for the statewide election is sufficient to bear the added
5 cost of increasing the per diem and the cost of the statewide election.
6 3. (ELECT: Board of State Canvassers Compensation) $100.00 additional compensation per day may be paid to each
7 member of the Board of State Canvassers up to a total of 15 days that may be required for hearings held by the members
8 of the Board of State Canvassers.
9 4. (ELECT: Sale of Lists Revenue Carry Forward) Any revenue generated from the sale of election lists may be
10 retained and expended by the South Carolina Election Commission to reimburse the State Budget and Control Board,
11 Division of Operations, for the printing of such lists and to pay expenses of postage and shipment of these lists to electors
12 who purchase them. After such reimbursement has been made an amount, not to exceed $220,000, shall be used for non-
13 recurring expenses in conjunction with Act 248 of 1991, the Ethics, Government Accountability, and Campaign Reform
14 Act and in conjunction with extraordinary special election and legal costs. Any balance in the Sale of Lists Account on June
15 30, of the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year.
16 5. (ELECT: Budget Reduction Exemption) Funds appropriated for non-recurring general and primary election
17 expenses are exempted from mandated across the board reductions. In addition, in the calculation of any across the board
18 agency base reductions mandated by the Budget and Control Board or the General Assembly, the amount of funds
19 appropriated for non-recurring primary and general election expenses shall be excluded from the agency's base budget.
20 6. (ELECT: Primary Election Carry Forward) Filing Fees received from candidates filing to run in statewide or special
21 primary elections may be retained and expended by the State Election Commission to pay for the conduct of primary
22 elections. Any balance in the filing fee accounts on June 30, of the prior fiscal year may be carried forward and expended
23 for the same purposes during the current fiscal year. In addition, any balance in the Primary Election Accounts on June 30,
24 of the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year.
25 7. (ELECT: Automated Voting Systems Carry Forward) Funds provided to the agency as state match for purchasing
26 automated voting systems shall be carried forward to be expended for the same purposes in the current fiscal year.
27 8. (ELECT: Training & Certification Program) All members and staff of County Boards of Voter Registration and
28 County Election Commissions will receive a common curriculum to include core courses on the duties and responsibilities
29 of county registration boards and county election commissions and electives to promote quality service and professional
30 development. Up to $35,000 of revenue generated by charging a fee to attend these courses may be retained and expended
31 by the South Carolina Election Commission to help cover the cost of providing the training. Any balance in the training
32 and certification account on June 30, of the prior fiscal year may be carried forward and expended for the same purpose
33 during the current fiscal year.
34 9. (ELECT: General Election Carry Forward) Up to $200,000 in funds appropriated for the 1996 General Election
35 may be carried forward and used to help defray the costs of conducting the November 1997 Special Elections for the State
36 House of Representatives and the State Senate.
37
38 F05 - SECTION 17A - B&C BOARD, DIVISION OF EXECUTIVE DIRECTOR
39
40 1. (BCB/DED: BA - Civil Contingent Fund - Disbursements) Warrant requisitions for the disbursement of funds
41 appropriated in this Section shall be approved by the respective division heads. The Civil Contingent Fund, appropriated
42 in Subsection 17A of this Section shall be expended only upon unanimous approval of the State Budget and Control Board,
B&C BOARD, DIVISION OF EXECUTIVE DIRECTOR PAGE 507
1 and upon warrant requisitions signed as directed by the State Budget and Control Board, to meet emergency and contingent
2 expense of the State Government. None of the Civil Contingent Fund shall be used to increase the salary of any State
3 employee.
4 2. (BCB/DED: BA - Total Quality Management) It is the intent of the General Assembly to adequately train the State's
5 work force to enable agencies to achieve their missions and to serve their customers. The Executive Director of the Budget
6 and Control Board will be responsible for coordinating the quality training effort for state government agency heads,
7 managers, and employees for the purpose of strategic planning, leadership skills, team facilitator, supervision and customer
8 service training. All employees initially undergoing Total Quality Management training will receive a common curriculum,
9 to include the philosophy, teamwork training and problem solving techniques of Total Quality Management. As the training
10 functions progress, organizational plans for using the Total Quality Management process will be drawn up and reviewed
11 with agency heads, with action teams subsequently being formed for improvements. Recognition of all progress made will
12 be consistently given. Funds shall be used to identify state agencies that are in direct contact with the public and provide
13 training that will ensure employees courteously and effectively meet taxpayers' needs. The funds provided for quality
14 training shall not be transferred to any other program or used for any other purpose. Funds allocated for this purpose not
15 expended in the prior fiscal year may be carried forward to be expended in the current fiscal year. The State Director of
16 Total Quality Management is responsible for the development of a Quality Program based on criteria used for the Malcolm
17 Baldridge National Quality Award. State agency heads should ensure that groups formed to develop solutions to
18 administrative and managerial problems will be selected to secure appropriate employee involvement and trained fully in
19 quality improvement tools and techniques.
20 3. (BCB/DED: BA - Brandenburg Coordination Committee) Of the $50,000 appropriated in this section for the
21 Brandenburg Coordination Committee, funds are to be spent in support of cultural, educational, agricultural, scientific,
22 governmental or business exchanges and agreements between South Carolina and the sister state of Brandenburg, Germany
23 and related German interests. The Executive Director of the Budget and Control Board will submit an annual report to the
24 Governor, the Chairmen of the Senate Finance Committee and the House Ways & Means Committee detailing such
25 activities.
26 4. (BCB/DED: BA - Accounting System Analysis - Interagency Study Committee) In consultation with the Governor,
27 the Chairman of the Senate Finance Committee and the Chairman of the Ways and Means Committee, the Executive
28 Director of the Budget and Control Board is authorized to appoint interagency study committees to explore innovative
29 solutions to administrative or managerial problems which are deemed to be system-wide in their impact. The committees
30 will be fully trained in quality management problem-solving techniques and strategies. Funds appropriated for purposes
31 of fostering innovation in the Fiscal Year 1993-94 Supplemental Appropriation for the Office of Executive Director, Budget
32 and Control Board, Accounting System Analysis which are unexpended in the preceding fiscal year may be carried forward
33 to be used in the current fiscal year for the same purpose.
34 5. (BCB/DED: BA - Computer Services Consolidation) It is the intent of the General Assembly to consolidate
35 management of computing services and computer support services under the Budget and Control Board. The Executive
36 Director of the Budget and Control Board shall develop a long-term strategic plan to accomplish this consolidation and to
37 centralize all State Data Centers, and shall present a progress report to the Governor, the Chairman of the Senate Finance
38 Committee and the Chairman of the Ways and Means Committee by January 15, 1997, and completed recommendations
39 within one year. The Executive Director of the Budget and Control Board is authorized to implement the Data Center
40 Consolidation Plan as presented to and approved by the Chairman of the House Ways and Means Committee and the
41 Chairman of the Senate Finance Committee on January 15, 1997. The plan must be is structured in phases with a final
42 implementation date no later than July, 2001. All agencies affected by this plan are required to comply with the directives
B&C BOARD, DIVISION OF EXECUTIVE DIRECTOR PAGE 508
1 and mandates inherent in this planning document. The Legislature, Judiciary, higher education institutions and technical
2 education institutions are exempt from this proviso.
3 6. (BCB/DED: BA - EFA Litigation Carry Forward) In addition to the funds appropriated for the EFA litigation for
4 FY 1996-97, any Any unexpended balance from the funds authorized and/or appropriated for the EFA litigation in previous
5 fiscal years shall be carried forward to be expended in the same manner and for the same purposes in 1996-97 the current
6 fiscal year.
7 7. (BCB/DED: BA - Year 2000 Date Change) It is the intent of the General Assembly to address the issue of century
8 date compliance on a statewide basis to ensure the integrity of the state's data operations into the year 2000. The Executive
9 Director of the Budget and Control Board is directed to coordinate the assessment of century date compliance across state
10 agencies, and, where practical, local governments and to develop a plan of action to address areas of noncompliance. As
11 part of the study, the Board may enter into any necessary contractual arrangements for consulting services for the purposes
12 of determining the scope of the "Year 2000 Date Change" problem at the state and local level, identifying existing
13 mainframe and software code problems, and developing an implementation plan and strategy for correcting the problem.
14 The Board shall provide an initial report of its findings to the Ways and Means and Senate Finance Committees no later
15 than June 30, 1998.
16
17 F07 - SECTION 17B - B&C BOARD, DIVISION OF OPERATIONS
18
19 1. (BCB/DO: OGS - Procurement of Art Objects) Before any governmental body, with the exception of the South
20 Carolina Museum Commission, as defined under the South Carolina Consolidated Procurement Code procures any art
21 objects such as paintings, antiques, sculptures, or similar objects above $1,000, the head of the Purchasing Agency shall
22 prepare a written determination specifying the need for such objects and benefits to the State. The South Carolina Arts
23 Commission shall review such determination for approval prior to any acquisition.
24 2. (BCB/DO: OGS - Real Property - Sale/Leaseback/ Repurchase Revenue Account) In order to ensure the stability
25 of any sale/leaseback and repurchase option agreement entered into by the State for any piece of real property, the Budget
26 and Control Board is directed to establish a separate and distinct account for the deposit of the net proceeds of the sale or
27 net annual charges derived from any such property. Any funds held in such separate and distinct accounts shall only be used
28 for the purpose of repurchasing the property and/or the establishment of a reserve fund as outlined in the contract documents
29 for the property, until such time as the Agreements on the property are fulfilled. It is the intention of the General Assembly
30 to appropriate sufficient funds on an annual basis to enable the Budget and Control Board to meet the required lease
31 payments and other necessary expenditures associated with any sale/leaseback agreement involving real property.
32 3. (BCB/DO: OGS - Fleet Management Program) It is the intent of the General Assembly that the Division of
33 Operations establish a cost allocation plan to recover the cost of operating the comprehensive statewide Fleet Management
34 Program. The Division shall collect, retain and carry forward funds to ensure continuous administration of the program.
35 4. (BCB/DO: OGS - Surplus Property Exemption) The Division of Operations and law enforcement agencies may
36 retain the proceeds from the sale of surplus property for fleet replacement less the cost of disposition incurred by the
37 Division of Operations.
38 5. (BCB/DO: OIS - IRF Forestry Commission Loan) The Insurance Reserve Fund is authorized to loan the Forestry
39 Commission the amount needed to satisfy the settlement of the overtime compensation claim currently pending, including
40 the related Employer Contribution costs; provided the agency first dedicates all its available financial resources (at the time
41 of settlement) to payment of the settlement.
42 The loan repayment schedule is to be negotiated between the Forestry Commission and the State Budget and Control
B&C BOARD, DIVISION OF OPERATIONS PAGE 509
1 Board, and the interest rate must be the same rate established by the State Treasurer. The funds for repayment are authorized
2 to come from any existing agency resources, and must not require any additional State appropriation.
3 6. (BCB/DO: OLG - Carry Forward - BCB Grant Program, Special Projects & EPA Grant Match Funds) Funds
4 appropriated under Section 17B, Division of Operations, "Aid to Entities": Budget and Control Board Grant Program Funds,
5 Special Projects and EPA Grant Match Funds which are not expended in the prior fiscal year may be carried forward to be
6 expended in the current fiscal year. Of the Grant Funds appropriated under the Division of Operations, $400,000 may be
7 used for operating costs of the Division in order to enhance the technical assistance capabilities of the Office of Local
8 Government.
9 7. (BCB/DO: OLG - Carry Forward - State Water Pollution Control Revolving Fund) If any funds accumulated by
10 the Budget and Control Board, Division of Operations from loan fees are not expended during the preceding fiscal years,
11 such funds may be carried forward and expended for the costs associated with conducting the State Revolving Fund
12 programs for wastewater or drinking water.
13 8. (BCB/DO: OLG - State Water Pollution Control Revolving Fund) In the event that any state funds remain after fully
14 matching federal grants for the State Revolving Funds under the Clean Water Act or Safe Drinking Water Act, such funds
15 may be deposited into the South Carolina Infrastructure Revolving Loan Fund established pursuant to Section 11-40-50.
16 9. (BCB/DO: OLG - Community Development Block Grant) The funds appropriated on special line item "CDBG"
17 are to provide funds for meeting federal matching requirements for administrative costs incurred by the State in
18 administering program income funds received from federally funded economic development grants.
19 10. (BCB/DO: OLG - Carry Forward - BCB Infrastructure Grant Fund) Funds appropriated in the Fiscal Year 1993-94
20 Supplemental Appropriation for the Office of Local Government, Division of Operations, Infrastructure Grant Revolving
21 Fund which are unexpended in the preceding fiscal year may be carried forward to be used in the current fiscal year for the
22 same purpose of funding infrastructure projects in economically distressed areas as provided for in Section 41-43-180 of
23 the 1976 Code.
24 11. (BCB/DO: OLG - Debt Service) Of the Grant Funds appropriated under the Division of Operations, up to $420,000
25 may be expended for debt service if funds are not made available for such purpose in this act or any act supplemental thereto.
26
27 F09 - SECTION 17C - B&C BOARD, DIVISION OF BUDGET & ANALYSES
28
29 1. (BCB/DBA: OSB - Agencies Affected by Restructuring) The Budget and Control Board is directed to work with
30 affected State agencies in order to phase-in operations of restructured organizations during Fiscal Year 1996-97 1997-98.
31 Restructured organizations should be operating entirely under the revised structure not later than June 30, 1997 1998. The
32 Board is further directed to work with the affected agencies in order to identify and facilitate the transfer of any portion of
33 their operations, including transfer of funds, during Fiscal Year 1996-97 1997-98, which is affected by the restructured
34 organization adopted by the General Assembly, but which has not already been accomplished herein. Until sufficient
35 changes can be made to the State's accounting system and the appointment of appropriate agency heads, the Comptroller
36 General and the State Treasurer shall allow those agencies affected by restructuring to continue processing documents within
37 the account structure existing on June 30, 1996 1997. Restructured agencies shall make all the necessary accounting
38 adjustments to complete the transition to the new account structure as soon as possible, but no later than June 30, 1997 1998.
39 2. (BCB/DBA: OHR - Compensation - Agency Head Salary) Notwithstanding any other provision of law in the event
40 of an agency head vacancy, the governing board of the agency or the Governor, must have the prior favorable
41 recommendation of the Agency Head Salary Commission to set, discuss or offer a salary for the agency head at a rate that
42 exceeds the minimum of the range established by the Agency Head Salary Commission. The Budget and Control Board
B&C BOARD, DIVISION OF BUDGET AND ANALYSES PAGE 510
1 shall have final approval authority for agency head salaries. Boards and Commissions of newly created agencies shall not
2 offer a salary to a prospective agency head until a salary range has been established and the salary approved by the Agency
3 Head Salary Commission. The funding for such purpose should come from resources within the agency. The Agency Head
4 Salary Commission shall recommend to the Budget & Control Board salary increases for agency heads. No agency head
5 shall be paid less than the minimum of the pay range nor receive an increase that would have the effect of raising the salary
6 above the maximum of the pay range. Funding shall be provided for an amount equivalent to the pay increase for all
7 classified employees. Any remaining increases recommended by the Agency Head Salary Commission shall be funded from
8 the individual agency budget. All increases shall be effective on or after October 1, of the current fiscal year.
9 In the event of a Technical College President vacancy, the appointing authority must have prior favorable
10 recommendation of the Agency Head Salary Commission to set, discuss or offer a salary for Technical College Presidents
11 at a rate that exceeds the midpoint of the salary range. The Budget and Control Board shall have final approval authority
12 for these salaries.
13 3. (BCB/DBA: OHR - Compensation - Reporting of Supplemental Salaries) Any compensation, excluding travel
14 reimbursement, from an affiliated public charity, foundation, clinical faculty practice plan, or other public source or any
15 supplement from a private source to the salary appropriated for a state employee and fixed by the State must be reported
16 by the employee to the Division of Budget and Analyses of the Budget and Control Board. The report must include the
17 amount, source, and any condition of the supplement. Any change in the amount, source, or condition must be reported to
18 the division by the employee.
19 4. (BCB/DBA: OHR - Vacancy Report/Appropriations for Compensation/Quarterly Allocations) In providing in this
20 Act for compensation of state employees, the General Assembly recognizes that a continuing minimum number of position
21 vacancies among state agencies is inevitable and that the full amount appropriated for employee compensation will not likely
22 be required. In order to provide for efficient administration and use of such appropriations, the Budget and Control Board
23 is authorized to require such periodic reports from agencies as will reflect actual compensation requirements during the
24 course of the year and to allot to agencies on a quarterly basis such amounts of appropriations for compensation as may be
25 necessary to meet actual requirements only.
26 5. (BCB/DBA: OHR - Employment Rights Affected by Restructuring) Provided, that all State employees affected
27 by the restructuring of State agencies shall retain all present employment rights. Employees who are transferred or
28 reassigned as a result of restructuring who had attained permanent status as provided in the State Employee Grievance
29 Procedure Act of 1982, as amended, shall retain such rights. Employees in positions not covered by the State Employee
30 Grievance Procedure Act of 1982, as amended, who would occupy positions subject to the Act after restructuring and who
31 have more than six months service as a State employee shall have grievance rights under the Act.
32 6. (BCB/DBA: OHR - Agency Head Salaries Affected by Restructuring) The salaries of Agency Directors affected
33 by restructuring will be reviewed by the Division of Budget and Analyses of the Budget and Control Board. The review
34 by the Division of Budget and Analyses will be submitted to the Agency Head Salary Commission and the Budget and
35 Control Board. The Agency Head Salary Commission shall recommend to the Budget and Control Board any salary
36 adjustments deemed appropriate for approval.
37 7. (BCB/DBA: OHR - Compensation - Increase Eligibility) Statewide elected officials, constitutional officers,
38 temporary positions, whether full or part-time, and agency heads, shall not be eligible for any compensation increases as
39 provided in this Act unless otherwise specified in this Act.
40 8. (BCB/DBA: BEA - Membership, Compensation, Duties) Notwithstanding the provisions of 11-9-820 of the 1976
41 Code, the Board of Economic Advisors shall consist of the following members:
B&C BOARD, DIVISION OF BUDGET AND ANALYSES PAGE 511
1 (1) one member, appointed by the Governor, who shall serve as chairman and shall receive the sum of $10,000
2 annually;
3 (2) one member appointed by the Chairman of the Senate Finance Committee who shall receive the sum of $8,000
4 annually;
5 (3) One member appointed by the Chairman of the Ways and Means Committee of the House of Representatives who
6 shall receive the sum of $8,000 annually;
7 (4) Chairman Director of the Department of Revenue and Taxation, ex officio with no voting rights.
8 The appointed members shall serve at the pleasure of their appointors. The Chairman of the Board of Economic Advisors
9 shall report directly to the Budget and Control Board to establish policy governing economic trend analysis. The Board of
10 Economic Advisors shall provide for its staffing and administrative support from funds appropriated by the General
11 Assembly.
12 The Executive Director of the Budget and Control Board shall assist the Governor, Chairman of the Board of Economic
13 Advisors, Chairman of the Senate Finance Committee, and Chairman of the Ways and Means Committee of the House of
14 Representatives in providing an effective system for compiling and maintaining current and reliable economic data. The
15 Board of Economic Advisors is considered a public body under the provisions of Section 30-4-20(a) of the 1976 Code. The
16 Board of Economic Advisors may establish an advisory board to assist in carrying out its duties and responsibilities. All
17 state agencies, departments, institutions and divisions shall provide such information and data as the board may require.
18 9. (BCB/DBA: BEA - Mid-Year Budget Reductions & Restricting the Rate of Expenditures) Any appropriations made
19 herein or by special act now or hereafter, are hereby declared to be maximum, conditional and proportionate, the purpose
20 being to authorize expenditures not to exceed the amounts named herein, if necessary, but only in the event the aggregate
21 revenues available during the period for which the appropriations are made are sufficient to pay them in full. The State
22 Budget and Control Board is directed to survey the progress of the collection of revenue and the expenditure of funds by
23 all agencies, departments and institutions. If the Budget and Control Board determines that a year-end aggregate deficit may
24 occur by virtue of a projected shortfall fall in anticipated revenues, it shall utilize such funds as may be available and
25 required to be used to avoid a year end deficit and thereafter take such action as necessary to restrict the rate of expenditure
26 of all agencies consistent with the provisions of this section. No institution, activity, program, item, special appropriation,
27 or allocation for which the General Assembly has provided funding in any part of this Act shall be discontinued, deleted,
28 or deferred by the Budget and Control Board. Any reduction of rate of expenditure by the Board, under authority of this
29 Act, shall be applied as uniformly as may be practicable except that no reduction shall be applied to funds encumbered by
30 a written contract with an agency not connected with the State Government. No such reduction shall be ordered by the State
31 Budget and Control Board while the General Assembly is in session without first reporting such necessity to the General
32 Assembly and the General Assembly has taken no action to prevent the reduction within five statewide session days of
33 formal written notification.
34 As far as practicable all departments, institutions, and agencies of the State are hereby directed to budget and allocate
35 appropriations as quarterly allocation so as to provide for operation on uniform standards throughout the fiscal year and in
36 order to avoid an operating deficit for the fiscal year. It should be recognized that academic year calendars of state
37 institutions will affect the uniformity of the receipt and distribution of funds during the years. The Comptroller General or
38 the Office of State Budget shall make such reports to the Budget and Control Board as they deem advisable on any agency
39 which is expending authorized appropriations at a rate which predicts or projects a general fund deficit for the agency. The
40 Budget and Control Board is authorized and directed to require any such agency, institutions or department to file a quarterly
41 allocations plan and is further authorized to restrict the rate of expenditures of the agency, institution or department if the
42 Board determines that a deficit may occur. It is the responsibility of any such agency to develop a plan, in consultation with
B&C BOARD, DIVISION OF BUDGET AND ANALYSES PAGE 512
1 the Budget and Control Board, that eliminates or reduces a deficit. Should the Budget and Control Board make a finding
2 that the cause of and likelihood of a deficit is unavoidable due to factors which are wholly outside of an agency's control,
3 then the Board may determine that the recognition of an agency deficit is appropriate and shall notify the General Assembly
4 of such action or the presiding officer of the House and Senate if the General Assembly is not in session. Upon receipt of
5 such notification from the Budget and Control Board, the General Assembly may authorize supplemental appropriations
6 from any surplus revenues which existed at the close of the previous fiscal year. If the General Assembly fails to take action,
7 then the finding of the Budget and Control Board shall stand, and the actual deficit at close of the fiscal year shall be reduced
8 as necessary from surplus revenues or surplus funds available at the close of the fiscal year in which the deficit occurs and
9 from funds available in the Capital Reserve Fund and General Reserve Fund, as required by the Constitution. If the Budget
10 and Control Board finds that the likelihood and cause of a deficit is the result of agency management, then the bond of State
11 officials responsible for management of the agency involved shall be held liable therefor and the Board shall notify the
12 Agency Head Salary Commission of such finding. In the case of a finding that a projected deficit is the result of the
13 management of the agency, the Budget and Control Board shall take immediate steps to curtail agency expenditures in such
14 a manner so as to bring expenditures in line with authorized appropriations and avoid a year end operating deficit.
15 10. (BCB/DBA: OHR - Compensation Increase - Appropriated Funds Ratio) Appropriated funds may be used for
16 compensation increases for classified and unclassified employees and agency heads only in the same ratio that the
17 employee's base salary is paid from appropriated sources.
18 11. (BCB/DBA: OHR - Vacant Positions) In the event that any permanent position in an agency remains vacant for
19 more than one year the position may be deleted by the Budget and Control Board.
20 12. (BCB/DBA: OSB - DMV Restructuring) The Budget and Control Board, in conjunction with the Department of
21 Revenue and the Department of Public Safety, shall transfer all funds and positions associated with the Division of Motor
22 Vehicles located at the Department of Revenue to the Department of Public Safety. The Department of Revenue shall
23 transfer only those funds and positions appropriated to the Department for the Motor Vehicles function.
24 13. (BCB/DBA: OHR - Employee Pay) The amounts appropriated to the Budget and Control Board for Employee Pay
25 Increase must be allocated by the Board to the various state agencies to provide for employees pay increases in accordance
26 with the following plan:
27 1. With respect to classified employees, effective on the first pay date that occurs on or after October November 1 of
28 the current fiscal year, the compensation of all classified employees shall be increased by 3.4% 2.5%.
29 2. With respect to unclassified employees or unclassified executive compensation system employees not elsewhere
30 covered in this Act, effective on the first pay date which occurs on or after October November 1 of the current fiscal year,
31 each agency is authorized to allot the total funds for compensation increases among individual employees without
32 uniformity. The funds provided for compensation increases for any employees subject to the provisions of this paragraph
33 are based on an annual average 3.4% 2.5% increase. All of the salaries are subject to the provisions of Section 72.24 of Part
34 IB of this Act and Office of Human Resources' approval must be obtained before any employees subject to the provisions
35 of this paragraph may be granted an annual pay increase in excess of the guidelines established by the Budget & Control
36 Board. Any employee subject to the provisions of this paragraph shall not be eligible for compensation increases provided
37 in paragraphs 1, 3, 4, 5, 6 or 7.
38 3. With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary
39 Commission shall recommend to the Budget and Control Board salary increases for agency heads. Agency head increases
40 shall be effective on the first pay date that occurs on or after October November 1 of the current fiscal year. No agency head
41 shall be paid less than the minimum of the pay increase range nor receive a salary increase that would have the effect of
42 raising the salary above the maximum of the pay range.
B&C BOARD, DIVISION OF BUDGET AND ANALYSES PAGE 513
1 4. Effective on the first pay date that occurs on or after October November 1 of the current fiscal year, agency heads
2 not covered by the Agency Head Salary Commission, shall receive an annualized base pay increase of 3.4% 2.5%.
3 5. With respect to local health care providers, the funds provided for compensation increases shall be based on an
4 annual average 3.4% 2.5% increase, effective on the first pay period date on or after October November 1 of the current
5 fiscal year.
6 6. Effective on the first pay date that occurs on or after October 1 of the current fiscal year, the Chief Justice and other
7 judicial officers shall receive a base pay increase of 3.4%. The Chief Justice, Associate Justices, Court of Appeals Judges,
8 Circuit Court Judges and Family Court Judges shall not be eligible to receive this base pay increase.
9 7. Effective on the first pay date that occurs on or after October November 1 of the current fiscal year, the
10 compensation of judicial employees not elsewhere covered in this act shall be increased by 3.4% 2.5%.
11 14. (BCB/DBA: OSB - Prior Year Shown in Appropriation Bill) Effective on July 1 of the current fiscal year, the
12 Appropriation Bill must show the prior year's base budget in the appropriation budget format.
13 15. (BCB/DBA: OHR - Pre-Approved Pay Plan) Whenever funds are appropriated for the specific purpose of providing
14 salary increases to state employees, such funds may only be awarded to employees in the manner prescribed within the
15 applicable Appropriation Act or, if no plan for awarding the increases is specified, in accordance with a plan pre-approved
16 by the Division of Budget and Analyses of the Budget and Control Board. The approved pay plan shall be reported to the
17 Ways and Means and Senate Finance Committees.
18
19 F27 - SECTION 17D - B&C BOARD, STATE AUDITOR'S OFFICE
20
21 1. (BCB/AUD: Access of Records) Notwithstanding any other provision of law, for the purposes of carrying out his
22 duties, the State Auditor and his assistants or designees shall have access to all records and facilities of every state agency
23 during normal operating hours. Furthermore, the State Auditor and his assistants or designees shall have access to all
24 relevant records and facilities of any private organization which is appropriated state monies, relating to the management
25 and expenditures of such funds, during the organization's normal operating hours. In the performance of his official duties,
26 the State Auditor and his assistants or designees are subject to the statutory provisions and penalties regarding the
27 confidentiality of records of the respective agency, or organization, under review. All audit working papers and memoranda
28 of the State Auditor, with the exception of final audit reports, are confidential and not subject to public disclosure.
29 2. (BCB/AUD: Audit Timeframes) Notwithstanding any other provision of law, the State Auditor may examine less
30 often than annually agencies, departments, commissions and divisions provided that every such agency, department,
31 commission or division shall be examined no less often than every third year.
32 3. (BCB/AUD: Contracts for State Audits) In the event qualified personnel cannot be hired during the current fiscal
33 year, any unused personal service funds in Subsection 17D, may be used to contract private firms to perform audits as
34 prescribed by the State Auditor.
35 4. (BCB/AUD: Fraud Hot Line) The State Auditor is directed to maintain a Fraud Hot Line, and provide statewide
36 toll free telephone service for use by citizens of this State to report incidences of waste, fraud, misuse, and abuse of state
37 funds. The State Auditor is further directed to advertise the Fraud Hot Line in an appropriate manner.
38 5. (BCB/AUD: Medical Assistance Audit) The Department of Health and Human Services shall remit to the General
39 Fund an amount representing fifty percent (allowable Federal Financial Participation) of the cost of the Medical Assistance
40 Audit as established in the State Auditor's Office of the Budget and Control Board Section 17D such amount to also include
41 appropriated salary adjustments and employer contributions allowable to this program. Such remittance to the General Fund
42 shall be made monthly and based on invoices as provided by the State Auditor's Office of the Budget and Control Board.
PAGE 514
1 F29 - SECTION 17E - B&C BOARD, RETIREMENT DIVISION
2
3 1. (BCB/RET: Authorization to Pay For Data Processing Services) The Retirement System is authorized to pay the
4 Budget & Control Board - Division of Executive Director from funds appropriated to contractual services a charge for data
5 processing services. The cost will be determined on an hourly basis and shall not exceed the sum of $600,000.
6 2. (BCB/RET: Retirement Benefits Limits Increase) Notwithstanding any other provision of law, except as provided
7 below, retirees and beneficiaries under the State Retirement Systems receiving Medicaid (Title XIX) sponsored nursing
8 home care as of June 30, of the prior fiscal year shall receive no increase in retirement benefits during the current fiscal year.
9 However, a retired employee affected by the above prohibition may receive the scheduled increase if he is discharged from
10 the nursing home and does not require admission to a hospital or nursing home within six months. The Department of
11 Health & Human Services, the Department of Social Services, and the State Retirement Systems must share the information
12 needed to implement this proviso.
13 3. (BCB/RET: Retirement Contributions - Monthly Transfers) Notwithstanding the amounts appropriated in
14 Subsection 17F of this Section as "State Employer Contributions," the State Treasurer and Comptroller General are hereby
15 authorized and directed to transfer from the General Fund of the State to the proper Retirement System Accounts, month
16 by month, during the current fiscal year, such funds as are necessary to comply with the terms of the Retirement Act as
17 amended, with respect to contributions by the State of South Carolina to the Retirement System.
18 4. (BCB/RET: Temporary Scientific Consultative Employment) Any teacher or employee especially skilled in
19 scientific knowledge and attainment may be temporarily employed by any part of the government or any agency thereof in
20 a consultative capacity on a per diem compensation without such temporary consultative employment in any way affecting,
21 reducing or canceling his retirement benefits but such temporary consultative employment shall not exceed six months in
22 any one year.
23
24 F30 - SECTION 17F - B&C BOARD, EMPLOYEE BENEFITS
25
26 1. (BCB/EB: Benefits - Proportionate Payment) It is the intent of the General Assembly that any agency of the State
27 Government whose operations are covered by funds from other than General Fund Appropriations shall pay from such other
28 sources a proportionate share of the employer costs of retirement, social security, workmen's compensation insurance,
29 unemployment compensation insurance, health and other insurance for active and retired employees, and any other employer
30 contribution provided by the State for the agency's employees.
31 2. (BCB/EB: Unemployment Compensation Account) Unemployment Compensation premiums collected from state
32 agencies will be deposited into a separate account and used to pay Unemployment Compensation benefits to eligible
33 employees of the State. Premiums will be based on experience ratings provided by private consultants and the Budget and
34 Control Board. The Unemployment Compensation Funds' contribution level must be reviewed no less than biennially to
35 ensure that premiums are commensurate with the cost of operating the Unemployment Compensation Fund. All interest
36 earned on this account must be retained by the Unemployment Compensation Fund and used to offset costs.
37 3. (BCB/EB: Unemployment Compensation Administration) The Budget and Control Board may hire consultants or
38 a management firm to assist in the administration of the unemployment compensation program for state employees and for
39 that purpose may use funds appropriated or otherwise made available for unemployment payments. The Budget and Control
40 Board is authorized to make such transfers as are necessary to accomplish this purpose. The Budget and Control Board shall
41 report annually to the General Assembly in writing the complete name, address and amounts paid to any such consultants
42 or management firm.
B&C BOARD, EMPLOYEE BENEFITS PAGE 515
1 4. (BCB/EB: Unemployment Compensation Insurance Claims) Notwithstanding the amounts appropriated in
2 Subsection 17F of this Section as "Unemployment Compensation Insurance" to cover unemployment benefit claims paid
3 to employees of the State Government who are entitled under Federal Law, the State Treasurer and the Comptroller General
4 are hereby authorized and directed to pay from the General Fund of the State to the South Carolina Employment Security
5 Commission such funds as are necessary to cover actual benefit claims paid during the current fiscal year which exceed the
6 amounts paid in for this purpose by the various agencies, departments and institutions subject to unemployment
7 compensation claims. The Employment Security Commission shall certify quarterly to the Budget and Control Board the
8 State's liability for such benefit claims actually paid to claimants who were employees of the State of South Carolina and
9 entitled under Federal law. The amount so certified shall be remitted to the Employment Security Commission.
10 5. (BCB/EB: Workers' Compensation Insurance Claims) Notwithstanding the amounts appropriated in Subsection
11 17F of this Section as "Workers' Compensation Insurance" to cover Workers' Compensation benefit claims paid to
12 employees of the State Government who are entitled under State Law, the State Treasurer and the Comptroller General are
13 hereby authorized and directed to pay from the General Fund of the State to the State Accident Fund such funds as are
14 necessary to cover actual benefit claims paid and expenses relating to the operations of the agency during the current fiscal
15 year which exceed the amounts paid in for this purpose by the various agencies, departments, and institutions. The State
16 Accident Fund shall certify quarterly to the Budget and Control Board the State's liability for such benefit claims actually
17 paid to claimants who are employees of the State of South Carolina and entitled under State Law. The amount so certified
18 shall be remitted to the State Accident Fund.
19
20 F31 - SECTION 17G - B&C BOARD, CAPITAL RESERVE FUND
21
22 1. (BCB/CRF: Deficit Projected - Use of CRF) If the Board of Economic Advisors revenue forecast to the Budget
23 and Control Board at any time during the current fiscal year projects that revenues for the current fiscal year will be less than
24 appropriated expenditures for this year, the Budget and Control Board in mandating necessary cuts during the current fiscal
25 year to eliminate the projected deficit must first reduce to the extent necessary the appropriation herein contained to the
26 Capital Reserve Fund, prior to mandating any cuts in operating appropriations.
27
28 R44 - SECTION 63 - DEPARTMENT OF REVENUE AND TAXATION
29
30 1. (DOR: Alcoholic Liquor Revenues) Appropriations in this Act to cover the cost of the administration and
31 enforcement of alcoholic liquor laws by the Department of Revenue and Taxation and appropriations in this Act for expenses
32 of the State Law Enforcement Division - ABC Enforcement shall be deducted from the total revenues from alcoholic liquors
33 before distributions of such revenues to the counties and municipalities of the State and such amounts withheld shall be
34 remitted to the General Fund of the State.
35 2. (DOR: Cost Recovery Fee) The Department of Revenue and Taxation may collect fees to recover the costs of the
36 production, purchase, handling and mailing of documents, publications, records and data sets, and such funds shall be
37 retained by the Agency.
38 3. (DOR: Subpoenaed Employee Expense Reimbursement) If any employee of the Department of Revenue and
39 Taxation is subpoenaed to testify during litigation not involving the Department of Revenue and Taxation, the party
40 subpoenaing the employee(s) to testify shall reimburse the State for expenses incurred by the employee(s) requested to
41 testify. Expenses shall include but are not limited to the cost of materials and the average daily salary of the employee or
42 employees.
DEPARTMENT OF REVENUE AND TAXATION PAGE 516
1 4. (DOR: Bingo and Video Poker Revenue) As to revenue derived from the provisions of Chapter 21, Title 12, which
2 is collected from bingo, the Department of Revenue and Taxation may withhold from the General Fund portion of this
3 revenue the actual costs of Bingo audit activity and of criminal record checks pursuant to the evaluation of applications for
4 bingo licenses. As to revenue derived in accordance with S.C. Code Ann. Section 12-21-2720(3), the Department of
5 Revenue may withhold the actual costs, not to exceed $250,000 per fiscal year, of video game machine audit and regulatory
6 enforcement activity by agents of the Department of Revenue. Any winnings resulting from these activities must be
7 deposited to the General Fund. The Department shall strictly enforce Regulation 117-190 in order to prevent the licensing
8 and operation of large scale video gaming operations. The Department shall coordinate with the State Law Enforcement
9 Division in the regulation of video game operations in establishments which are authorized under both Sections 12-21-2720
10 through 12-21-2808 and Title 61 of the South Carolina Code. The Department annually shall make a report to the Governor
11 and General Assembly outlining the collection activities as a result of this proviso.
12 5. (DOR: Court Order Funds Carry Forward) Funds awarded to the Department of Revenue and Taxation by court
13 order shall be retained in a special account and shall be carried forward from year to year, and expended as needed to
14 accomplish the purposes and conditions of said order if specified, and if not specified, as may be directed by the Tax
15 Commissioners. Director of the Department of Revenue and Taxation.
16 6. (DOR: Sale of Abandoned Property) In accordance with South Carolina Code Section 27-18-240, as to the proceeds
17 from the sale of abandoned property under Section 27-18-230, the Department of Revenue and Taxation may deduct from
18 any deposit to the credit of the General Fund costs in general support of the location, identification and sale of abandoned
19 property, subject to the following limitations: (a) the total deduction may not exceed 5% of the amount credited to the
20 General Fund for this revenue source in the same fiscal year, and (b) the total deduction may not exceed actual costs for the
21 same fiscal year.
22 7. (DOR: Assessor Training) Pursuant to the enforcement of South Carolina Code Section 12-37-110, the Property
23 Division of the Department of Revenue and Taxation may charge participants a fee to cover the cost of pertinent education
24 and training programs. The revenue generated may be applied to the cost of the related operation, and any unexpended
25 balance may be carried forward to subsequent fiscal periods and utilized for the same purpose.
26 8. (DOR: Professional Designation or License Cost) Whenever a professional designation or license is a legislatively
27 mandated requirement for employment by the Department of Revenue and Taxation, the Department shall be responsible
28 for the annual cost to maintain that required designation or license and provide for examination cost associated with such
29 designation or license if not outside his/her normal duties.
30 9. (DOR: Tax Education Program) Pursuant to taxpayer educational activities stipulated and authorized by SC Code
31 Section 12-54-740, the Department of Revenue may charge participants a fee to recover the related direct costs. The revenue
32 generated from this may be applied to said cost, and any unexpended balance may be carried forward to subsequent fiscal
33 periods and used for the stated purpose.
34 10. (DOR: Federal Retiree Lawsuit Settlement Fund Lapse) Notwithstanding any other provision of law, the
35 Department of Revenue is hereby directed to remit to the General Fund, prior to the close of FY 95-96, the amount of
36 $508,869. This amount represents unexpended appropriations from the Federal Retiree Lawsuit Settlement Fund.
37 11. (DOR: Certified and Registered Postage Reimbursement) As to any notice of assessment, adjustment or penalty
38 issued under the provisions of S.C. Code Ann. Title 12 or Title 61, the Department of Revenue is authorized to add $1.50
39 from time to time to any notice of assessment, adjustment or penalty which may be required to be posted by registered or
40 certified mail, and to treat the collection of this additional $1.50, on an estimated or imputed basis, as a reimbursement of
41 the Department's expenditures for postage.
DEPARTMENT OF REVENUE AND TAXATION PAGE 517
1 12. (DOR: Credit Card Payment of Delinquent Taxes) The Department shall have the authority to accept, on terms
2 and conditions to be established by the Department in regulations and rulings, payment of delinquent taxes by credit cards.
3 Such authority shall include a determination not to accept such payments or to permit payment only for certain classes of
4 delinquent taxes to be specified by the Department. Notwithstanding any other provision of law, the State Treasurer may
5 enter into contracts on behalf of the Department whereby the Department may accept credit card payment of delinquent
6 taxes. The Department may withhold the actual cost of processing credit card payments from deposits of the tax types
7 corresponding to the related delinquent payments, and may treat these withholdings as reimbursements of the associated
8 expenditures.
9
10 X12 - SECTION 68A - AID TO SUBDIVISIONS-COMPTROLLER GENERAL
11
12 1. (AS-CG: Salary Supplements) Of the amount appropriated in this section for Clerks of Court, Probate Judges, and
13 County Sheriffs, $4,725 shall be distributed by the Comptroller General to each County Treasurer, which shall be used as
14 a $1,575 salary supplement for each Clerk of Court, Probate Judge and County Sheriff. The amounts appropriated in this
15 section for Registers of Mesne Conveyances shall be distributed by the Comptroller General to the appropriate County
16 Treasurer, which shall be used as a $1,575 salary supplement for Registers of Mesne Conveyances. It is the intent of the
17 General Assembly that the amount appropriated for such salary supplements shall include both salary and related employer
18 contributions and such amounts shall be in addition to any amounts presently being provided by the county for these
19 positions. Any reduction by any county in the salary of the Clerks of Court, the Probate Judges, Registers of Mesne
20 Conveyances and County Sheriffs or any other reduction of expenditures in the office of the Clerks of Court, Probate Judges,
21 Registers of Mesne Conveyances and County Sheriffs shall result in a corresponding decrease of funds provided to that
22 county by the State. Payment shall be made to each County Treasurer in a single lump sum at the beginning of the fiscal
23 year and payment shall be made to the Clerks of Court, Probate Judges and County Sheriffs by the County Treasurer over
24 a twelve month period in the same manner as county salaries are paid. Effective November 1, 1997, the salary of each
25 County Auditor and County Treasurer shall increase from $14,864 to $15,236. The State shall pay $14,864 on the salary
26 of each County Auditor and County Treasurer This shall be in addition to any amounts presently being provided by the
27 county for these positions. It is the intent of the General Assembly that the amount appropriated by the county for these
28 positions shall not be reduced as a result of the appropriation and that such appropriation shall not disqualify each County
29 Auditor and each County Treasurer for salary increases that they might otherwise receive from county funds in the future.
30 Any reduction by any county in the salary of the County Auditor and County Treasurer shall result in a corresponding
31 decrease of funds provided to that county by the State. These salaries shall be administered by the Comptroller General's
32 Office and paid in accordance with the schedule and method of payment established for state employees.
33
34 X20 - SECTION 68B - AID TO SUBDIVISIONS-STATE TREASURER
35
36 68B.1. (Hold Harmless Local Government Formula) The formula for calculating the amount to be appropriated for the
37 Local Government Fund shall be the greater of (a) 4 1/2% of the General Fund of the latest completed fiscal year, or (b)
38 the amount appropriated in Fiscal Year 1997-98 plus an increased amount equal to one-half of the CPI for the calendar
39 year preceding the year of appropriation times the FY 97-98 appropriation. The CPI shall be determined by the B & C
40 Board, Division of Research and Statistics.
PAGE 518
1 X90 - SECTION 72 - GENERAL AND TEMPORARY
2
3 1. (GP: Judicial & Involuntary Commitment, Defense of Indigents) It is the responsibility of all agencies, departments
4 and institutions of state government, to provide at no cost and as a part of the regular services of the agency, department or
5 institutions such services as are necessary to carry out the provisions of Chapter 52 of Title 44 (Involuntary Commitment),
6 Article 7, Chapter 17 of Title 44 of the 1976 Code (Judicial Commitment), Chapter 3 of Title 17 of the 1976 Code (Defense
7 of Indigents), and Article 1 of Chapter 3 of Title 16 of the 1976 Code (Death Penalty), as amended, upon request of the
8 Judicial Department and/or the appropriate court. To this end, state agencies are directed to furnish to the Judicial
9 Department a list of their employees who are competent to serve as court examiners. The Judicial Department shall forward
10 a copy of this list to the appropriate courts, and the courts shall utilize the services of such state employees whenever
11 feasible. State employees shall receive no additional compensation for performing such services. For the purpose of
12 interpreting this section, employees of the Medical University of South Carolina and individuals serving an internship or
13 residency as an academic requirement or employees who are not full-time state employees and who are not performing duties
14 as state employees are not considered state employees.
15 2. (GP: Case Service Billing Payments Prior Year) Notwithstanding any other provision of law, agencies appropriated
16 case services funds who routinely receive prior year case service billings after the old fiscal year has been officially closed
17 are authorized to pay these case service obligations with current funds. This authorization does not apply to billings on hand
18 that have been through a timely agency payment approval process when the old fiscal year closes.
19 3. (GP: Credit Cards for Goods & Services) Notwithstanding any other provision of law, the State Treasurer may enter
20 into contracts whereby the agency or institution may accept credit cards as payment for goods or services provided.
21 4. (GP: Warrant Requisitions, Deposits) The expenditure of money appropriated in this Act shall be by warrant
22 requisitions directed to the Comptroller General. Upon receipt of the requisition, accompanied by invoices or other
23 satisfactory evidence of the propriety of the payment, and itemized according to standard budget classifications, the
24 Comptroller General shall issue his warrant on the State Treasurer to the payee designated in the requisition. No requisitions
25 for warrants shall be processed for any amounts less than one dollar. Upon approval and designation by the State Budget
26 and Control Board, state institutions may requisition funds in favor of their own treasurer, itemized only to the extent of the
27 purpose of the appropriation as expressed in this Act, and may deposit such funds in the name of the institution, in such bank
28 or banking institutions as shall be designated by the State Treasurer, and disburse same by check to meet the purposes of
29 the appropriation, but strict account shall be kept of all such expenditures according to standard budget classifications. All
30 money shall be drawn only when actually owing and due. The Comptroller General shall establish rules and regulations
31 for the uniform reimbursement, remittance and transfers of funds to the General Fund of the State required by law.
32 5. (GP: Federal Program Expenses, Lag Time) After July 1, of the current fiscal year, the Department of Health and
33 Environmental Control, Department of Mental Health, Department of Disabilities & Special Needs, Department of Social
34 Services, Department of Health and Human Services, Division on Aging, Division of Foster Care, Department of
35 Corrections, and Department of Juvenile Justice may expend if necessary, state appropriated funds for the current fiscal year
36 to cover fourth quarter Federal Programs expenses incurred in the prior fiscal year necessitated by the time lag of federal
37 reimbursement.
38 6. (GP: Federal Funds, Donations, Deposited in State Treasury) All Federal Funds received shall be deposited in the
39 State Treasury, if not in conflict with Federal regulations, and withdrawn therefrom as needed, in the same manner as that
40 provided for the disbursement of state funds. If it shall be determined that federal funds are not available for, or cannot be
41 appropriately used in connection with, all or any part of any activity or program for which state funds are specifically
42 appropriated in this Act to match Federal funds, the appropriated funds may not be expended and shall be returned to the
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1 General Fund, except upon specific written approval of the Budget and Control Board after review by the Joint
2 Appropriations Review Committee. Donations or contributions from sources other than the Federal Government, for use
3 by any state agency, shall be deposited in the State Treasury, but in special accounts, and shall be withdrawn from the
4 treasury as needed to fulfill the purposes and conditions of the said donations, or contributions, if specified, and, if not
5 specified, as may be directed by the proper authorities of the department. The expenditure of funds by agencies of the State
6 Government from sources other than General Fund appropriations shall be subject to the same limitations and provisions
7 of law applicable to the expenditure of appropriated funds with respect to salaries, wages or other compensation, travel
8 expense, and other allowance or benefits for employees.
9 7. (GP: Fee Increases) (A) No state agency, department, board, committee, commission, or authority, may increase
10 an existing fee for performing any duty, responsibility, or function unless the fee for performing the particular duty,
11 responsibility, or function is authorized by statutory law and set by regulation except as provided in this paragraph.
12 (B) This paragraph does not apply to:
13 (1) state-supported governmental health care facilities;
14 (2) state-supported schools, colleges, and universities;
15 (3) educational, entertainment, recreational, cultural, and training programs;
16 (4) the State Board of Financial Institutions;
17 (5) sales by state agencies of goods or tangible products produced for or by these agencies;
18 (6) charges by state agencies for room and board provided on state-owned property;
19 (7) application fees for recreational activities sponsored by state agencies and conducted on a draw or lottery basis;
20 (8) court fees or fines levied in a judicial or adjudicatory proceeding;
21 (9) the South Carolina Public Service Authority or the South Carolina Ports Authority.
22 (C) This paragraph does not prohibit a state agency, department, board, committee, or commission from increasing fees
23 for services provided to other state agencies, departments, boards, committees, commissions, political subdivisions, or fees
24 for health care and laboratory services regardless of whether the fee is set by statute.
25 (D) Statutory law for purposes of this paragraph does not include regulations promulgated pursuant to the State
26 Administrative Procedures Act.
27 8. (GP: State Institutions - Revenues & Income) The University of South Carolina, Clemson University, the Medical
28 University of S. C. (including the Medical University Hospital), The Citadel, Winthrop University, S. C. State University,
29 Francis Marion University, University of Charleston, Lander University and the Wil Lou Gray Opportunity School shall
30 remit all revenues and income, collected at the respective institutions, to the State Treasurer according to the terms of Section
31 1 of this Act, but all such revenues or income so collected, except fees received as regular term tuition, matriculation, and
32 registration, shall be carried in a special continuing account by the State Treasurer, to the credit of the respective institutions,
33 and may be requisitioned by said institutions, in the manner prescribed in Section 72.5 of this Act, and expended to fulfill
34 the purpose for which such fees or income were levied, but no part of such income shall be used for permanent
35 improvements without the express written approval of the State Budget and Control Board and the Joint Legislative Capital
36 Bond Review Committee; and it is further required that no such fee or income shall be charged in excess of the amount that
37 is necessary to supply the service, or fulfill the purpose for which such fee or income was charged. Notwithstanding other
38 provisions of this act, funds at State Institutions of Higher Learning derived wholly from athletic or other student contests,
39 from the activities of student organizations, and from the operations of canteens and bookstores, and from approved Private
40 Practice plans at institutions and affiliated agencies may be retained at the institution and expended by the respective
41 institutions only in accord with policies established by the institution's Board of Trustees. Such funds shall be audited
42 annually by the State but the provisions of this Act concerning unclassified personnel compensation, travel, equipment
GENERAL AND TEMPORARY PAGE 520
1 purchases and other purchasing regulations shall not apply to the use of these funds.
2 9. (GP: Transfers of Appropriations) Agencies and institutions shall be authorized to transfer appropriations within
3 programs and within the agency with notification to the Division of Budget and Analyses and Comptroller General. No such
4 transfer may exceed twenty percent of the program budget. Upon request, details of such transfers may be provided to
5 members of the General Assembly on an agency by agency basis. Transfers of appropriations from personal service
6 accounts to other operating accounts or from other operating accounts to personal service accounts may be restricted to any
7 established standard level set by the Budget and Control Board upon formal approval by a majority of the members of the
8 Budget and Control Board.
9 10. (GP: Bank Procedures - State Treasury A Bank) In any instances where Federal laws or regulations, relating to
10 funds allotted to State Government agencies, include requirements relating to banking procedures, the State Treasury shall
11 be deemed to meet the definition of a bank.
12 11. (GP: Federal Funds - DHEC, DSS, DHHS, Aging - Disallowances) Amounts appropriated to the Department of
13 Health and Environmental Control, Department of Social Services, Department of Health and Human Services, and Division
14 on Aging may be expended to cover program operations of prior fiscal years where adjustment of such prior years are
15 necessary under federal regulations or audit exceptions. All disallowances or notices of disallowances by any federal agency
16 of any costs claimed by these agencies shall be submitted to the State Auditor, the House Ways and Means Committee and
17 the Senate Finance Committee, within five days of receipt of such actions.
18 12. (GP: Family Foster Care Payments) The Department of Disabilities & Special Needs, Department of Social
19 Services, and Department of Juvenile Justice shall furnish as Family Foster Care payments for individual foster children
20 under their sponsorship:
21 ages 0 - 5 $212 per month
22 ages 6 - 12 $239 per month
23 ages 13 + $305 per month
24 These specified amounts are for the basic needs of the foster children. Basic needs within this proviso are identified as food
25 (at home and away), clothing, housing, transportation, education and other costs as defined in the U.S. Department of
26 Agriculture study of "Annual Cost of Raising a Child to Age Eighteen". Further, each agency shall identify and justify, as
27 another line item, all material and/or services, in excess of those basic needs listed above, which were a direct result of a
28 professional agency evaluation of clientele need. Legitimate medical care in excess of Medicaid reimbursement or such care
29 not recognized by Medicaid may be considered as special needs if approved by the sponsoring/responsible agency and shall
30 be reimbursed by the sponsoring agency in the same manner of reimbursing other special needs of foster children.
31 13. (GP: Fixed Student Fees) During the current fiscal year, student fees at the State institutions of higher learning shall
32 be fixed by the respective Boards of Trustees as follows:
33 (1) Fees applicable to student housing, dining halls, student health service, parking facility, laundries and all other
34 personal subsistence expenses shall be sufficient to fully cover the total direct operating and capital expenses of providing
35 such facilities and services over their expected useful life except those operating or capital expenses related to the removal
36 of asbestos.
37 (2) Student Activity Fees may be fixed at such rates as the respective Boards shall deem reasonable and necessary.
38 14. (GP: Tech Educ Colleges Student Activity Fees) Notwithstanding any other provisions of this Act, funds at
39 Technical Education Colleges derived wholly from the activities of student organizations and from the operations of
40 canteens and bookstores may be retained by the college and expended only in accord with policies established by the
41 respective college's Area Commission and approved by the State Board for Technical and Comprehensive Education.
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1 15. (GP: Educational Fee Waivers) The institutions of higher education Senior colleges, universities and technical
2 colleges may offer educational fee waivers to no more than two percent of the undergraduate student body.
3 16. (GP: Human Services Coordinating Council) The General Assembly finds that the operation of health and human
4 services may be enhanced by closer working relationships among agencies at the state and local level. The General
5 Assembly finds that coordination at both levels provides opportunities to serve the citizens of South Carolina better through
6 (1) continued expansion of services integration and (2) stronger communication among agencies delivering services.
7 In order to assist in, recommend, develop policy for, and supervise the expenditure of funds for the continuation of
8 service integration in South Carolina, there is created a Human Services Coordinating Council, hereinafter, entitled the
9 Council. The Council shall consist of:
10 (1) The Director or Chief Executive Officer of each of the following: Division on Aging, Department of Alcohol
11 and Other Drug Abuse Services, Commission for the Blind, Division for the Review of Foster Care of Children, Department
12 of Education, Department of Health and Environmental Control, Department of Health and Human Services, Department
13 of Juvenile Justice, Division of Veterans' Affairs, John De La Howe School, Department of Mental Health, Department of
14 Disabilities and Special Needs, School for the Deaf and the Blind, Department of Social Services, Department of Vocational
15 Rehabilitation, Guardian ad Litem Program, Division of Continuum of Care, Educational Television, Wil Lou Gray
16 Opportunity School, Department of Corrections, Probation, Parole and Pardon Services and the State Housing Finance and
17 Development Authority.
18 (2) The Governor or his designee.
19 (3) Other such members as the Council shall deem appropriate.
20 The Council shall:
21 (1) Select a Director or Chief Executive Officer on an annual basis to serve as the Council Chairperson. The Council
22 Chairperson shall be elected at the first quarterly meeting of the Council at the beginning of each new state fiscal year.
23 Nominees for this office must be members of the Council. The Chairperson of the Council can succeed himself in that
24 specific position no more than three times. In the event that this office becomes vacant, the Executive Committee of the
25 Council shall appoint a member of the Council to fill the unexpired term of the office.
26 (2) Meet regularly to provide an opportunity for collaboration and cooperation among member agencies.
27 The Council shall have as its goals:
28 (1) Identify and address priority health and human needs and promote the availability of responsive resources.
29 (2) Promote cost-effective, efficient approaches for the delivery of health and human services which include
30 prevention, education, reduction of dependency, promotion of self-sufficiency and delivery of services in the least restrictive,
31 most appropriate community-based and institutional settings.
32 (3) Provide coordination between the Council members and the Office of the Governor in the development of the
33 comprehensive State Health and Human Services Plan.
34 (4) In cooperation with the Department of Health and Human Services, coordinate and oversee efforts to integrate
35 services information among state agencies and between state and local agencies.
36 (5) Review and monitor service integration efforts begun by the Human Services Integration Projects, and including:
37 (a) Developing standards for case management activities and coordinating with local entities on service
38 integration efforts, and
39 (b) Receiving requests for funding of projects designed to further integration of services, including review and
40 approval of such projects.
41 Member agencies and departments of the Council shall collect and provide client information, including Social Security
42 Number, for the Client Masterfile System, and for development and use of a uniform client application database for
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1 statistical purposes and for improving human services delivery systems for South Carolinians. For purposes of this sub-
2 section, the State, rather than an individual agency, will be the owner of the data. All individual client information submitted
3 by participating agencies or departments will be regarded as confidential; the information collected may not be released,
4 under any circumstances, to entities or individuals outside the Client Masterfile System, State Data Oversight Council, or
5 client application database unless release is made of aggregate statistical information so that no individual client may be
6 identified. No data submitted may be released by the Client Masterfile System except in a format approved by the Council.
7 For the purposes of this sub-section only, all State laws, regulations, or any rule of any State agency, department, board, or
8 commission having the effect or force of law that prohibits or is inconsistent with any provision of this sub-section is hereby
9 declared inapplicable to this sub-section. Each member agency or department of the Council shall be required to take all
10 steps reasonably necessary to effectuate the waiver of federal rules, regulations, or statutes or the elimination of other factors
11 that interfere with collection or use of data by the Client Masterfile System or client application database. Those steps shall
12 include but not be limited to, the seeking of federal legislation, the negotiation of agreements between the Council or State
13 and any federal agency or board, the application for the waiver of any federal rule, regulation or statute, and the seeking of
14 client's permission to share data. The Human Services Coordinating Council shall assume the duties and responsibilities
15 of the Aging Coordinating Council and the Long Term Care Council as specified in Sections 43-21-120 through 43-21-140.
16 The Council shall establish a long term care standing committee and include on the committee a representative of the long
17 term care industry, a representative of the insurance industry, and a representative of the general public.
18 17. (GP: Employer Contributions Cost of Agencies) It is the intent of the General Assembly that the amount so
19 provided to each agency or institution for employee benefits shall be sufficient to pay the employer contribution costs of
20 that agency. The Budget and Control Board is directed to devise a plan for the expenditure of the funds appropriated for
21 employer contributions and may require transfers of funds within an agency or institution if it becomes evident that the
22 employer contribution costs will exceed the funds available for that purpose.
23 18. (GP: Dual Employment) Any employee who is approved for dual employment must be paid in a timely manner.
24 The secondary agency is required to make payment of funds approved for and earned under dual employment within
25 fortyfive days of the beginning of the employment.
26 19. (GP: Payroll Schedule & Compensation Restrictions) Except as otherwise provided in this Act, all appropriations
27 for compensation of State Employees shall be paid in twice-monthly installments to the person holding such position. In
28 order to provide a regular and permanent schedule for payment of employees, it is hereby established that the payroll period
29 shall begin on June 2, of the prior fiscal year with the first pay period ending on June 16, of the prior fiscal year. The payroll
30 period shall continue thereafter on a twice-monthly schedule as established by the Budget and Control Board. It is the intent
31 of the General Assembly that this schedule, thus established, will continue from one fiscal year to another without
32 interruption, on a twice monthly basis. The Budget and Control Board is authorized to approve any changes to this schedule
33 where circumstances are deemed justifiable.
34 The appropriated salaries for specified positions shall mean the maximum compensation for such position, except as
35 specifically provided in other provisions of this act, and in any case where the head of any department can secure the
36 services for a particular position or work at a lower rate than the salary specified in this Act, authority for so doing is hereby
37 given.
38 No employee of any state department or institution shall be paid any compensation from any other department of the state
39 government except those approved under the provisions of Regulation 19-702.09 of the 1976 Code, as amended, and no
40 employee of any department or institution shall be paid travel expenses by any other department or institution without
41 approval of the agency by which he is regularly employed. The Comptroller General shall report, after June thirtieth of each
42 year, to the House Ways and Means Committee and the Senate Finance Committee the names of all employees receiving
GENERAL AND TEMPORARY PAGE 523
1 dual compensation and the amounts received.
2 The provisions of Regulation 19-707.02 and Section 8-5-10 of the 1976 Code, as amended, shall not apply to employees
3 hired for 120 days or less.
4 20. (GP: Discrimination Policy) It is the policy of the State of South Carolina to recruit, hire, train, and promote
5 employees without discrimination because of race, color, sex, national origin, age, religion or physical disability. This
6 policy is to apply to all levels and phases of personnel within state government, including but not limited to recruiting,
7 hiring, compensation, benefits, promotions, transfers, layoffs, recalls from layoffs, and educational, social, or recreational
8 programs. It is the policy of the State to take affirmative action to remove the disparate effects of past discrimination, if any,
9 because of race, color, sex, national origin, age, religion or physical disability.
10 Each state agency shall submit to the State Human Affairs Commission employment and filled vacancy data by race and
11 sex by October 31, of each year.
12 In accordance with Section 1-13-110 of the South Carolina Code of Laws of 1976, as amended, the Human Affairs
13 Commission shall submit a report on the status of State Agencies' Affirmative Action Plans and Programs to the General
14 Assembly by February 1 each year. This report shall contain the total number of persons employed in each job group, by
15 race and sex, at the end of the preceding reporting period, a breakdown by race and sex of those hired or promoted from
16 within the agency during the reporting period, and an indication of whether affirmative action goals were achieved. For each
17 job group referenced in the Human Affairs report, where the hiring of personnel does not reflect the percentage goals
18 established in the agency's affirmative action plan for the year in question, the State agency shall submit a detailed
19 explanation to the Human Affairs Commission by February 15, explaining why goals were not achieved.
20 The Human Affairs Commission shall review the explanations and notify the Budget and Control Board of any agency
21 not in satisfactory compliance with meeting its stated goals.
22 The Budget and Control Board shall notify any agency not in compliance that their request for additional appropriations
23 for the current appropriation cycle, may not be processed until such time as the Budget and Control Board, after consultation
24 with the Human Affairs Commission, is satisfied that the agency is making a good faith effort to comply with its affirmative
25 action plan, and that the compliance must be accomplished within a reasonable length of time to be determined by the
26 mission and circumstances of the agency. This requirement shall not affect additional appropriation requests for public
27 assistance payments or aid to entities. This section does not apply to those agencies that have been exempted from the
28 reporting requirements of the Human Affairs Commission.
29 21. (GP: RIF, Recall Procedures, Residency Preference) Notwithstanding any other provision of law, when a vacancy
30 occurs in a state agency, other than institutions of higher education, or when an agency acts to fill a new position, the agency
31 shall give preference to residents of this State, if the two are equally qualified for the vacancy or new position.
32 22. (GP: Temporary Grant Funded or Time Limited Funded Positions) Notwithstanding any other provision of law
33 or this Act, state agencies and institutions may, at their discretion, hire employees to fill temporary grant positions specified
34 in federal grants, public charity grants, private foundation grants, research grants and positions with time limited funding
35 approved or authorized by the appropriate state authority in accordance with the following provisions:
36 A. Only those funds authorized within the approved federal grant, public charity grant, private foundation grant,
37 research grant, or time limited funds for a specified project can be used to pay the salaries and/or benefits of temporary
38 employees hired under this provision.
39 B. Temporary grant or time limited positions, employees, and the conditions of their employment shall be reported
40 in accordance with provisions developed by the Division of Budget and Analyses of the Budget and Control Board.
41 C. Positions established under this provision must be limited to and must not exist beyond the duration of the time
42 limited project or grant or any subsequent renewal of it. When the grant, time limited project or any subsequent renewal
GENERAL AND TEMPORARY PAGE 524
1 ends, temporary grant or time limited project employees must be terminated and their positions will cease to exist.
2 Temporary grant or time limited project employees will be exempt from the provisions of Sections 8-17-310 through 8-17-
3 380 of the 1976 Code, as amended. State agencies and institutions must terminate all temporary grant or time limited project
4 positions at any time funding is terminated or is insufficient to continue payments under the conditions of the grant or time
5 limited project.
6 D. Temporary grant or time limited project employees may be eligible for the same benefits, excluding permanent
7 or probationary employment status, available to permanent state employees provided that such funds are available within
8 the grant or time limited project.
9 E. Temporary grant or time limited project employees shall be deemed to be employed at will. The temporary grant
10 or time limited project employee shall not be entitled to any compensation beyond the date of termination, other than for
11 such part of the grant or time limited project that has been performed.
12 F. Discretionary determinations by a state agency or institution as to whether to hire an employee pursuant to this
13 proviso are final and not subject to administrative or judicial appeal.
14 23. (GP: Personal Service Reconciliation, FTEs) The General Assembly expresses its continuing concern over the
15 control of the number of personnel employed by the State of South Carolina. This concern is evidenced in the 1980 Public
16 Employment Report of the United States Bureau of Census. It is further declared to be the intent of the General Assembly
17 to continue to take positive steps to reduce the number of personnel employed in the future, without unduly hampering the
18 legitimate functions of state government.
19 In order to obtain the necessary control over the number of employees, the Budget and Control Board is hereby directed
20 to maintain close supervision over the number of state employees, and to require specifically the following:
21 1. That no state agency exceed the total authorized number of full-time equivalent positions and those funded from
22 State sources as provided in each section of this Act except by majority vote of the Budget and Control Board. Specific
23 written confirmation of such majority approval shall be forwarded to the Joint Appropriations Review Committee in the
24 event that any agency is allowed to exceed the number of positions authorized in this Act.
25 2. That the Division of Budget and Analyses shall maintain and make, as necessary, periodic adjustments thereto,
26 an official record of the total number of authorized full-time equivalent positions by agency for State and Total funding
27 sources and shall provide a certified duplicate of such record to the Joint Appropriations Review Committee. The Division
28 of Budget and Analyses shall submit monthly reports to the Joint Appropriations Review Committee and such reports shall
29 include any changes in the authorized number of full-time equivalent positions, the number of filled and vacant positions
30 and any other data requested by the committees.
31 (a) That within thirty (30) days of the passage of the Appropriation Act or by August 1, whichever comes later,
32 each agency of the State must have established on the Budget and Control Board records all positions authorized in the Act.
33 After that date, the Board shall delete any non-established positions immediately from the official record of authorized full-
34 time equivalent positions. No positions shall be established by the Board in excess of the total number authorized in the
35 Board record of authorized full-time equivalent positions. Each agency may, upon notification to the Budget and Control
36 Board, change the funding source of State FTE positions established on the Budget and Control Board records as necessary
37 to expend federal and other sources of personal service funds in an effort to conserve or stay within the state appropriated
38 personal service funds. Each agency may, upon notification to the Budget and Control Board, transfer FTEs between
39 programs as needed to accomplish the agency mission. No agency shall change funding sources that will cause the agency
40 to exceed the authorized number of state or total full-time equivalent positions.
41 (b) By September 30, the Board shall prepare a personal service detail, by agency, which shows each position
42 established for the fiscal year and the amount of funds required, by source of funds, to support the position for the fiscal year
GENERAL AND TEMPORARY PAGE 525
1 at a funding level of 100% and the Board shall then reconcile each agency's personal service detail with the agency's
2 personal service appropriation as contained in the Act adjusted for any pay increases, and any other factors necessary to
3 reflect the agency's personal service funding level. The Board shall provide a copy of each agency's personal service
4 reconciliation to the Senate Finance and House Ways and Means Committees.
5 (c) Any position which is shown by the reconciliation to be unfunded or significantly underfunded may be
6 deleted at the direction of the Budget and Control Board .
7 (d) Full-time equivalent (FTE) positions shall be determined under the following guidelines:
8 1. The annual work hours for each FTE shall be the agency's full-time standard annual work hours.
9 2. The State FTE shall be derived by multiplying the state percentage of budgeted funds for each position
10 by the FTE for that position.
11 3. All institutions of higher education shall use a value of 0.75 FTE for each position determined to be full-
12 time faculty with a duration of nine (9) months.
13 The FTE method of accounting shall be utilized for all authorized positions.
14 3. That the number of positions authorized in this Act shall be reduced in the following circumstances:
15 (a) Upon request by an agency.
16 (b) When anticipated federal funds are not made available.
17 (c) When the Budget and Control Board, through study or analysis, becomes aware of any unjustifiable excess
18 of positions in any state agency.
19 4. The Budget and Control Board shall annually reconcile personal service funds with full-time employee count to
20 determine unfunded positions which will be eliminated no later than January 15 of the current fiscal year unless specifically
21 exempted elsewhere in this act or by the State Budget and Control Board. The State Budget and Control Board must report
22 the full-time employee count and unfunded position status to the Senate Finance Committee and the Ways and Means
23 Committee by February 1 of the current fiscal year.
24 5. That no new permanent positions in state government shall be funded by appropriations in acts supplemental to
25 this Act but temporary positions may be so funded.
26 6. The provisions of this section shall not apply to personnel exempt from the State Classification and Compensation
27 Plan under Item I of Section 8-11-260 of the 1976 Code.
28 The Governor, in making his appropriation recommendations to the Ways and Means Committee, must provide that the
29 level of personal service appropriation recommended for each agency is at least 97% of the funds required to meet 100%
30 of the funds needed for the full-time equivalents positions recommended by the Governor (exclusive of new positions).
31 24. (GP: Allowance for Residences & Compensation Restrictions) That salaries paid to officers and employees of the
32 State, including its several boards, commissions, and institutions shall be in full for all services rendered, and no
33 prerequisites of office or of employment shall be allowed in addition thereto, but such prerequisites, commodities, services
34 or other benefits shall be charged for at the prevailing local value and without the purpose or effect of increasing the
35 compensation of said officer or employee. The charge for these items may be payroll deducted at the discretion of the
36 Comptroller General or the chief financial officer at each agency maintaining its own payroll system. This shall not apply
37 to the Governor's Mansion, nor for department-owned housing used for recruitment and training of Mental Health
38 Professionals, nor to guards at any of the State's penal institutions and nurses and attendants at the Department of Mental
39 Health, and the Department of Disabilities & Special Needs, and registered nurses providing clinical care at the MUSC
40 Medical Center, nor to the Superintendent and staff of John de la Howe School, nor to the cottage parents and staff of Wil
41 Lou Gray Opportunity School, nor to full-time or part-time staff who work after regular working hours in the SLED
42 Communications Center or Maintenance Area, nor to the Directors of John G. Richards Campus, Willow Lane Campus, and
GENERAL AND TEMPORARY PAGE 526
1 the Reception and Evaluation Center at the Department of Juvenile Justice nor to the Residence Dormitory Director and the
2 Assistant Residence Director at the Governor's School for Science and Mathematics. The Presidents of those State
3 institutions of higher learning authorized to provide on-campus residential facilities for students may be permitted to occupy
4 residences on the grounds of such institutions without charge.
5 Any state institution of higher learning may provide a housing allowance to the President in lieu of a residential facility,
6 the amount to be approved by the Budget and Control Board.
7 That the following may be permitted to occupy residences owned by the respective Departments without charge: the
8 Commissioner of the Department of Corrections, the Director of the Department of Mental Health, the Farm Director, Farm
9 Managers, and Specialists employed at the Wateree River Correctional Institution, Walden Correctional Institution,
10 MacDougall Youth Correctional Center, and Givens Youth Correctional Center; the S. C. State Commission of Forestry fire
11 tower operators, forestry aides, and caretaker at central headquarters; the Department of Natural Resources' Game
12 Management Personnel, Fish Hatchery Superintendents, Lake Superintendent, and Fort Johnson Superintendent; the
13 Department of Parks, Recreation and Tourism field personnel in the State Parks Division; the Agricultural Aide at the
14 Department of Juvenile Justice Farm; Director of Wil Lou Gray Opportunity School; President of the School for the Deaf
15 and the Blind; houseparents for the Commission for the Blind; S.C. Department of Health and Environmental Control
16 personnel at the State Park Health Facility and Camp Burnt Gin; Assistant Director of Residence Life and a student
17 counselor at Lander University; Clemson University's Head Football Coach; the Department of Disabilities & Special Needs'
18 physicians and other professionals at Whitten Center, Clemson University Off-Campus Agricultural Staff and Housing Area
19 Coordinators; and University of South Carolina's Manager of Bell Camp Facility, Housing Maintenance Night Supervisors,
20 Residence Life Directors, temporary and transition employees, and emergency medical personnel. Except in the case of
21 elected officials, the fair market rental value of any residence furnished to a State Employee shall be reported by the State
22 Agency furnishing the residence to the Agency Head Salary Commission by October 1, of each fiscal year.
23 All salaries paid by departments and institutions shall be in accord with a uniform classification and compensation plan,
24 approved by the Budget and Control Board, applicable to all personnel of the State Government whose compensation is not
25 specifically fixed in this act. Such plan shall include all employees regardless of the source of funds from which payment
26 for personal service is drawn. The Division of Budget and Analyses of the Budget and Control Board is authorized to
27 approve temporary salary adjustments for classified and unclassified employees who perform temporary duties which are
28 limited by time and/or funds. When approved, a temporary salary adjustment shall not be added to an employee's base salary
29 and shall end when the duties are completed and/or the funds expire. Academic personnel of the institutions of higher
30 learning and other individual or group of positions that cannot practically be covered by the plan may be excluded therefrom
31 but their compensations as approved by the Division of Budget and Analyses shall, nevertheless, be subject to review by
32 the Budget and Control Board. Salary appropriations for employees fixed in this Act shall be in full for all services
33 rendered, and no supplements from other sources shall be permitted or approved by the State Budget and Control Board.
34 With the exception of travel and subsistence, legislative study committees shall not compensate any person who is otherwise
35 employed as a full-time state employee. Salaries of the heads of all agencies of the State Government shall be specifically
36 fixed in this Act and no salary shall be paid any agency head whose salary is not so fixed. Commuter mileage on non-
37 exempt state vehicles shall be considered as income and reported by the Comptroller General in accordance with IRS
38 regulations. As long as there is no impact on appropriated funds, state agencies and institutions shall be allowed to spend
39 public funds and/or other funds for designated employee award programs which shall have written criteria approved by the
40 agency governing board or commission. For purposes of this section, monetary awards, if any, shall not be considered a
41 part of an employee's base salary, a salary supplement, or a prerequisite of employment. The names of all employees
GENERAL AND TEMPORARY PAGE 527
1 receiving monetary awards and the amounts received shall be reported annually to the South Carolina Division of Budget
2 and Analyses.
3 25. (GP: MUSC Hospital Services Rates) The Board of the Medical University of South Carolina shall provide
4 hospital services to state employees and officials of state government at a rate not to exceed the payment rates to hospitals
5 provided by the employee's insurance program(s). Private physician fees, psychiatry, and all dental are not included.
6 26. (GP: Universities & Colleges - Allowance for Presidents) Presidents of the University of South Carolina, Clemson
7 University, the Medical University of South Carolina, The Citadel, Winthrop University, South Carolina State University,
8 Francis Marion University, University of Charleston, and Lander University must not be paid a fixed allowance for personal
9 expenses incurred in connection with the performance of their official duties. Reimbursements may be made to the
10 Presidents from funds available to their respective institutions for any personal expenses incurred provided that all requests
11 for reimbursement are supported by properly documented vouchers processed through the normal accounting procedures
12 of the institutions.
13 27. (GP: Replacement of Personal Property) The Department of Juvenile Justice, Department of Corrections,
14 Probation, Parole and Pardon Services, Department of Mental Health, Department of Disabilities & Special Needs and
15 School for the Deaf and the Blind may replace the personal property of an employee which has been damaged or destroyed
16 by a client while in custody of the agency. The replacement of personal property may be made only if the loss has resulted
17 from actions by the employee deemed to be appropriate and in the line of duty by the agency head and if the damaged or
18 destroyed item is found by the agency head to be reasonable in value, and necessary for the employee to carry out the
19 functions and duties of his employment. Replacement of damaged or destroyed items shall not exceed $250 per item, per
20 incident. Each agency must have guidelines to insure the reasonableness of the replacement payments.
21 28. (GP: Law Enforcement Officer Retiree Weapon Purchase) All state employees, who are commissioned law
22 enforcement officers upon retirement, if vested, may purchase their assigned weapon at a reasonable fee.
23 29. (GP: Business Expense Reimbursement) Agency heads and Deputy Commissioners or Deputy Directors
24 designated by Agency heads may receive reimbursements for business expenses incurred while performing their official
25 duties, provided that receipts are presented when seeking reimbursement and justification is submitted to document the time,
26 place, and purpose of the expense as well as the names of the individuals involved. The Budget and Control Board shall
27 promulgate regulations governing these expenses.
28 30. (GP: Per Diem) The per diem allowance of all boards, commissions and committees shall be at the rate of Thirty-
29 five ($35) Dollars per day. No full-time officer or employee of the State shall draw any per diem allowance for service on
30 such boards, commissions or committees.
31 31. (GP: Travel Spouse of Governor & Lt. Governor) Notwithstanding any other provision of law, the spouses of the
32 Governor and the Lieutenant Governor of the State are authorized to receive reimbursement of actual expenses when
33 accompanying the Governor or the Lieutenant Governor on official state business.
34 32. (GP: Travel - Subsistence Expenses & Mileage) Travel and subsistence expenses, whether paid from State
35 appropriated, Federal, local or other funds, shall be allowed in accordance with the following provisions:
36 A. Unless otherwise provided in paragraphs B through H of this section, all employees of the State of South Carolina
37 or any agency thereof including employees and members of the governing bodies of each technical education center while
38 traveling on the business of the State shall, upon presentation of a paid receipt, be allowed reimbursement for actual
39 expenses incurred for lodging. Agencies may contract with lodging facilities to pay on behalf of an employee. Failure to
40 maintain proper control of direct payments for lodging may result in the revocation of the agency's authority by the
41 Comptroller General or the State Auditor. The employee shall also be reimbursed for the actual expenses incurred in the
42 obtaining of meals except that such costs shall not exceed ($20) ($25) per day within the State of South Carolina. For travel
GENERAL AND TEMPORARY PAGE 528
1 outside of South Carolina the maximum daily reimbursement for meals shall not exceed ($32). Agencies may contract with
2 food or dining facilities to pay for meals on behalf of employees in accordance with rules and regulations established by
3 the Budget and Control Board. It shall be the responsibility of the agency head to monitor the charges for lodging which
4 might be claimed by his employees in order to determine that such charges are reasonable, taking into consideration location,
5 purpose of travel or other extenuating circumstances. The provisions of this item shall not apply to Section 42-3-40 of the
6 1976 Code.
7 B. That employees of the State, when traveling outside the United States, Canada, and Puerto Rico upon promotional
8 business for the State of South Carolina shall be entitled to actual expenses for both food and lodging.
9 C. The Governor, Lieutenant Governor, Secretary of State, Comptroller General, Attorney General, State Treasurer,
10 Adjutant General, Superintendent of Education and the Commissioner of Agriculture shall be reimbursed actual expenses
11 for subsistence.
12 D. Non-legislative members of committees appointed pursuant to Acts and Resolutions of the General Assembly
13 whose membership consists solely of members of the General Assembly or members of the General Assembly and other
14 personnel who are not employees of the State of South Carolina shall be allowed subsistence expenses of $35 per day while
15 traveling on official business. Members of such committees may opt to receive actual expenses incurred for lodging and
16 actual expenses incurred in the obtaining of meals in lieu of the allowable subsistence expense.
17 E. Members of the State Boards, Commissions, or Committees whose duties are not full-time and who are paid on
18 a per diem basis, shall be allowed reimbursement for actual expenses incurred at the rates provided in Paragraph A and I
19 of this Section while away from their places of residence on official business of the State. One person accompanying a
20 handicapped member of a State Board, Commission, or Committee on official business of the State shall be allowed the
21 same reimbursement for actual expenses incurred at the rates provided in Paragraph A through I of this Section.
22 F. No subsistence reimbursement shall be allowed to a Justice of the Supreme Court or Judge of the Court of Appeals
23 while traveling in the county of his official residence. When traveling on official business of said court within 50 miles
24 outside the county of his official residence, a Supreme Court Justice and a Judge of the Court of Appeals shall be allowed
25 subsistence expenses in the amount of $35 per day plus such mileage allowance for travel as is provided for other employees
26 of the State. When traveling on official business of said Court 50 or more miles outside the county of his official residence,
27 each Justice and Judge of the Court of Appeals shall be allowed subsistence expenses in the amount as provided in this Act
28 for members of the General Assembly plus such mileage allowance for travel as is provided for other employees of the State.
29 The Chief Justice, or such other person as he designates, while attending the Conference of Chief Justices and one member
30 of the Supreme Court while attending the National Convention of Appellate Court Judges, and three Circuit Judges while
31 attending the National Convention of State Trial Judges shall be allowed actual subsistence and travel expenses.
32 Upon approval of the Chief Justice, Supreme Court Justices, Judges of the Court of Appeals, Circuit Judges, and Family
33 Court Judges shall be reimbursed for actual expenses incurred for all other official business requiring out-of-state expenses
34 at the rate provided in paragraph A of this section.
35 G. No subsistence reimbursements are allowed to a Circuit Judge, a Family Court Judge, or an Administrative Law
36 Judge while holding court within the county in which he resides. While holding court or on other official business outside
37 the county, within fifty miles of his residence, a Circuit Court Judge, Family Court Judge, or an Administrative Law Judge
38 is entitled to a subsistence allowance in the amount of $35 per day. While holding court or on other official business at a
39 location fifty miles or more from his residence, a Circuit Court, Family Court or Administrative Law Judge is entitled to
40 a subsistence allowance in the amount as provided in this Act for members of the General Assembly.
41 H. Any retired Justice, Circuit Court Judge or Family Court Judge or Master-in-Equity appointed by the Supreme
42 Court to serve as a Special Circuit Judge, Family Court Judge, Appeals Court Judge, or Acting Associate Justice shall serve
GENERAL AND TEMPORARY PAGE 529
1 without pay but shall receive the same allowance for subsistence, expenses, and mileage as provided in Part I for Circuit
2 Court Judges.
3 I. No expense shall be allowed an employee either at his place of residence or at the official headquarters of the
4 agency by which he is employed except as provided in paragraph E, of this section. When an employee is assigned to work
5 a particular territory or district, and such territory or district and his official headquarters are in different localities or sections
6 of the State, expenses may be allowed for the necessary travel to his official headquarters. The members of the Workers'
7 Compensation Commission, Public Service Commission and the Employment Security Commission may be reimbursed
8 at the regular mileage rate of one round trip each week from their respective homes to Columbia. No subsistence
9 reimbursement shall be allowed to a member of the Workers' Compensation Commission, Public Service Commission or
10 the Employment Security Commission while traveling in the county of his official residence. When traveling on official
11 business of the Commission within 50 miles outside the county of his official residence, a member of the Workers'
12 Compensation Commission, Public Service Commission or the Employment Security Commission shall be allowed
13 subsistence expenses in the amount of $35 per day. When traveling on official business of the Commission 50 or more miles
14 outside the county of his official residence, each member shall be allowed a subsistence allowance in the amount as provided
15 in this act for members of the General Assembly. When out-of-state, members of the Workers' Compensation Commission,
16 Public Service Commission and the Employment Security Commission may claim the established amount of per diem, as
17 stated in the General Appropriation Act, or actual expenses as deemed reasonable by the Comptroller General.
18 J. When an employee of the State shall use his or her personal automobile in traveling on necessary official business,
19 a charge of 25.5 cents per mile will be allowed for the use of such automobile and the employee shall bear the expense of
20 supplies and upkeep thereof. Whenever State provided motor pool vehicles are reasonably available and their use is practical
21 and an employee of the State shall request for his own benefit to use his or her personal vehicle in traveling on necessary
22 official business, a charge of 21.5 cents per mile will be allocated for the use of such vehicle and the employee shall bear
23 the expense of supplies and upkeep thereof. When such travel is by a State-owned automobile, the State shall bear the
24 expense of supplies and upkeep thereof but no mileage will be allowed. Agencies and employees are directed to use State
25 fueling facilities to the maximum extent possible, when such use is cost beneficial to the State. When using commercial
26 fueling facilities, operators of State-owned vehicles are directed to use self-service pumps. In traveling on the business of
27 the State, employees are required to use the most economical mode of transportation, due consideration being given to
28 urgency, schedules and like factors.
29 Mileage between an employee's home and his/her place of employment is not subject to reimbursement. However, when
30 an employee leaves on a business trip directly from his/her home, and does not go by the employee's headquarters, the
31 employee shall be eligible for reimbursement for actual mileage beginning at his/her residence.
32 K. That a State agency may advance travel and subsistence expense monies to employees of that agency for the
33 financing of ordinary and necessary travel required in the conducting of the business of the agency. The Budget and Control
34 Board is directed to develop and publish rules and regulations pertaining to the advancing of travel expenses and no State
35 agency shall make such advances except under the rules and regulations as published. All advances for travel and
36 subsistence monies shall be repaid to the agency within thirty (30) days after the end of the trip or by the end of the fiscal
37 year, whichever comes first.
38 L. That the State institutions of higher learning are authorized to reimburse reasonable relocation expenses for new
39 employees when such reimbursements are considered by the agency head to be essential to successful recruitment of
40 professionally competent staff members.
41 M. The State Budget and Control Board is authorized to promulgate and publish rules and regulations governing travel
42 and subsistence payments.
GENERAL AND TEMPORARY PAGE 530
1 N. No state funds may be used to purchase first class airline tickets.
2 33. (GP: Asbestos Litigation Funds) All funds involved in the settlement of asbestos litigation cases, with the
3 exception of those funds involving the University of South Carolina system and Clemson University, must be deposited into
4 an interest bearing account in the State Treasurer's Office entitled "Asbestos Expense Trust Account". The University of
5 South Carolina system and Clemson University must deposit all funds involved in the settlement of asbestos litigation into
6 separate institutional interest bearing accounts entitled "Asbestos Expense Trust Account", with each institution's name
7 appropriately captioned in their respective accounts, to be maintained in the State Treasurer's Office. These accounts shall
8 only be used for expenses relating to asbestos litigation, asbestos abatement, or other asbestos related expenses or projects.
9 Such projects must be approved by the Budget and Control Board after review by the Joint Bond Review Committee.
10 34. (GP: State Port Authority Funds - Rent) Any funds derived by the State Port Authority from the rental, lease or
11 sale of any of its facilities shall be expended for the benefit of the particular Port where such facilities are located.
12 35. (GP: Rental Charges, Collections State Offices) Subsection (a). The Budget and Control Board is hereby directed
13 to assess and collect a rental charge from all departments and agencies of the State Government occupying space in State-
14 controlled office buildings. The amount charged each department or agency shall be calculated on a square foot, or other
15 equitable basis of measurement, and at such rates as will yield sufficient total annual revenue to cover, unless the Budget
16 and Control Board determines otherwise, in priority order, both (1) the annual principal and interest due on the Capital
17 Improvement Obligations authorized by Act No. 829 of the 1964 Acts, Act No. 1273 of the 1970 Acts and Act No. 508 of
18 the 1971 Acts and Act No. 1377 of the 1968 Acts as amended for projects administered by the Division of General Services
19 and (2) maintenance and operation costs of State-controlled office buildings in the City of Columbia. The amount so
20 collected which is applicable to the payment of principal and interest due on obligations authorized by Act 1377 of the 1968
21 Acts as amended shall be paid into the State's General Fund to apply on debt service appropriations under the Section 119
22 of this Act.
23 Subsection (b). All departments and agencies against which rental charges are assessed and whose operations are
24 financed in whole or in part by Federal and/or other non-appropriated funds are directed to apportion the payment of such
25 charges equitably among all such funds, so that each shall bear its proportionate share. All appropriations in this Act
26 applicable to the rental of space in State-controlled buildings (exclusive of the Department of Transportation), shall be
27 available only for payment of that portion of rental charges applicable to State-appropriated operations.
28 Subsection (c). Rental collections shall be deposited by the Budget and Control Board in the State Treasury in a special
29 account and shall be expended only for (1) payment of principal and interest due on the obligations referred to in Subsection
30 (a) above and (2) maintenance and operations costs of the buildings referred to in Subsection (a) above.
31 36. (GP: Organizations Receiving State Appropriations Report) Each organization receiving a contribution in this Act
32 shall render to the state agency making the contribution by November 1 of the fiscal year in which funds are received, an
33 accounting of how the State funds will be spent, a copy of the adopted budget for the current year, and also a copy of the
34 organization's most recent operating financial statement. The funds appropriated in this Act for contributions shall not be
35 expended until the required financial statements are filed with the appropriate state agency. No funds in this Act shall be
36 disbursed to organizations or purposes which practice discrimination against persons by virtue of race, creed, color or
37 national origin. The State Auditor shall review and audit, if necessary, the financial structure and activities of each
38 organization receiving contributions in this Act and make a report to the General Assembly of such review and/or audit,
39 when requested to do so by the Budget and Control Board.
40 37. (GP: Information Technology - Report of Requested Increases) The Budget and Control Board, through the
41 Division of Budget and Analyses, is authorized and directed to identify all requested increases for information technology
42 for Agencies, Institutions or Departments, with the exception of colleges, universities and technical institutions, compile
GENERAL AND TEMPORARY PAGE 531
1 the requests into one report, evaluate the requests and forward the evaluation to the Governor, the Chairman of Senate
2 Finance Committee and the Chairman of the House Ways & Means Committee.
3 38. (GP: Lump-Sum Agencies Expenditure Report) Beginning with Fiscal Year 1993-94, all All lump-sum agencies
4 shall prepare, annually, a year-end expenditure report that reflects total expenditures by source of funds, program, sub-
5 program, personnel by minor object code, and all other expenditures by major object codes as defined by the Comptroller
6 General's Office or, in the case of higher education institutions, as the expenditures are required to be reported to the
7 United States Government through the Commission on Higher Education for the Integrated Postsecondary Education Data
8 System (IPEDS). This report shall be submitted to the Division of Budget and Analyses of the Budget and Control Board
9 no later than 75 90 days following the close of each fiscal year.
10 39. (GP: Printing Costs Disclosure on State Publications) All agencies using appropriated funds shall print on the last
11 page of all bound publications the following information:
12 (1) Total Printing Cost
13 (2) Total Number of Documents Printed
14 (3) Cost Per Unit
15 The President Pro Tempore of the Senate, the Speaker of the House, Legislative Printing and Information Technology
16 Resource, the Presidents of each institution of higher education, and the State Board for Technical and Comprehensive
17 Education may exempt from this requirement, documents published by their respective agencies. Agency publications which
18 are produced for resale are also exempt from this requirement. Publications of public relations nature, produced by Parks,
19 Recreation and Tourism, and the Division of State Development are exempt from this requirement.
20 40. (GP: PORS Retirees Salary Limit) Notwithstanding the provisions of subsections (1) and (2) of Section 9-11-90,
21 a retired member of the System may return to employment covered by the System and earn up to thirteen thousand five
22 hundred dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the System. If the
23 retired member continues in service after having earned thirteen thousand five hundred dollars in a fiscal year, his retirement
24 allowance must be discontinued during the period of service in the remainder of the fiscal year. If the employment continues
25 for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not
26 apply to an employee or member of the System who has retired mandatorily because of age pursuant to Section 9-1-1530.
27 41. (GP: SCRS Retirees Salary Limit) Notwithstanding any other provision of law, a retired member of the System
28 may return to employment covered by the System and earn up to thirteen thousand five hundred dollars a fiscal year without
29 affecting the monthly retirement allowance he is receiving from the System. If the retired member continues in service after
30 having earned thirteen thousand five hundred dollars in a fiscal year, his retirement allowance must be discontinued during
31 his period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive
32 months, the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to an employee or member
33 of the System who has retired mandatorily because of age pursuant to Section 9-1-1530.
34 42. (GP: State Owned Aircraft - Maintenance Logs) Each agency having in its custody one or more aircraft shall
35 maintain a continuing log on all flights, which shall be open for public inspection. Any and all aircraft owned or operated
36 by agencies of the State Government shall be used only for official business. The Division of Aeronautics and other
37 agencies owning and operating aircraft may furnish transportation to the Governor, Constitutional Officers, members of the
38 General Assembly, members of state boards, commissions, and agencies and their invitees for official business only; no
39 member of the General Assembly, no member of a state board, commission or committee, and no state official shall use any
40 aircraft of the Division of Aeronautics unless the member or official files within forty-eight hours after the time of departure
41 of the flight with the Division of Aeronautics a sworn statement certifying and describing the official nature of his trip; and
42 no member of the General Assembly, no member of a state board, commission or committee, and no state official shall be
GENERAL AND TEMPORARY PAGE 532
1 furnished air transportation by a state agency other than the Division of Aeronautics unless such agency prepares and
2 maintains in its files a sworn statement from an appropriate official of the agency certifying that the member's or state
3 official's trip was in conjunction with the official business of the agency. Official business shall not include routine
4 transportation to and from meetings of the General Assembly or committee meetings for which mileage is authorized.
5 All logs shall be signed by the parties using the flight and the signatures shall be maintained as part of the permanent
6 record of any agency. All passengers shall be listed on the flight log by their legal name; passengers flying with an
7 appropriate official of SLED or the Division of State Development whose confidentiality must, in the opinion of SLED or
8 the Division, be protected shall be listed in writing on the flight log as "Confidential Passenger SLED or the Division of
9 State Development (strike one)" and the appropriate official of SLED or the Division shall certify to the agency operating
10 the aircraft the necessity for such confidentiality.
11 Violation of the above provisions of this section is prima facie evidence of a violation of Section 8-13-410(1) of the 1976
12 Code and shall subject a violating member of the General Assembly to the ethics procedure of his appropriate house and
13 shall subject a violating member of a state board, commission or committee, or a state official to the applicable ethics
14 procedure relating to them as provided by law. The above provisions do not apply to aircraft of the Division of Aeronautics
15 when used by the Medical University of South Carolina, nor to aircraft of the athletic department or the educational
16 foundations of any state-supported institution of higher education.
17 Aircraft owned by agencies of state government shall not be leased to individuals for their personal use.
18 43. (GP: State Primary Prevention Strategy) The Human Services Coordinating Council is designated as the entity
19 responsible for developing and coordinating the implementation of a plan for a State Primary Prevention Strategy. Primary
20 prevention is defined as programs which seek to prevent the onset of disease, disability or high risk behaviors through the
21 enhancement of individual and community protective factors and the reduction of risk factors. The plan must be submitted
22 to the Governor, Chairman of Ways and Means and Chairman of Senate Finance for approval. Upon their approval,
23 participating agencies are authorized to utilize those funds identified as the State Primary Prevention Strategy in Section
24 30. The project plan must provide: 1) A primary prevention mission statement; 2) Project objectives; 3) Current and
25 proposed service efforts and accomplishment indicators (input, output, outcomes and efficiency); 4) A description of the
26 anticipated benefits and costs; and 5) An independent evaluator component.
27 44. (GP: Carry Forward) Each agency shall be authorized to carry forward unspent general fund appropriations from
28 the prior fiscal year into the current fiscal year, up to a maximum of 10% of its original general fund appropriations less any
29 appropriation reductions for the current fiscal year. Agencies shall not withhold services in order to carry forward general
30 funds.
31 This provision is suspended if necessary to avoid a fiscal year-end general fund deficit. For purposes of this proviso,
32 the amount of the general fund surplus/deficit shall be considered after all appropriations from the Capital Reserve Fund
33 have been allowed and before any transfers from the General Reserve. The amount of general funds needed to avoid a year-
34 end deficit shall be reduced proportionately from each agency's carry forward amount.
35 Agencies which have separate general fund carry forward authority must exclude the amount carried forward by such
36 separate authority from their base for purposes of calculating the 10% carry forward authorized herein. Any funds that are
37 carried forward as a result of this provision are not considered part of the base of appropriations for any succeeding years.
38 Notwithstanding any other provisions of law, state agencies and institutions shall be allowed to spend carry forward monies
39 from the previous fiscal year to provide selected employees a one-time lump sum bonus not to exceed $1,000, based on
40 objective guidelines established by the Budget and Control Board. This payment is not a part of the employee's base salary
41 and is not earnable compensation for purposes of employee and employer contributions to respective retirement systems.
GENERAL AND TEMPORARY PAGE 533
1 45. (GP: Publication List for General Assembly) With the exception of the Governor's Executive Budget and related
2 documents and telephone directories, and notwithstanding any other requirement, mandate, or provision of this act to the
3 contrary, no agency, department, or entity of state government shall provide the General Assembly with hard copies of a
4 publication whether or not the publication, report, or other document is required to be furnished to the General Assembly
5 by law, and a publication only may be provided to a member of the General Assembly if the member requests the
6 publication. Nothing herein prevents the agency or department from transmitting such publications to the Office of
7 Legislative Printing and Information Technology Resources (LPITR) by electronic medium in such format and form and
8 in accordance with such technical standards as may be established by LPITR. LPITR may make any such information
9 transmitted available through its network. Any report governed by the requirements of this proviso may be published in
10 hard copy form if authorized by the Speaker of the House and the President Pro Tempore of the Senate.
11 46. (GP: Regulatory Audit) Each agency shall conduct a jurisdictional audit for the purpose of identifying laws,
12 regulations and provisos which are not being used or no longer need to be regulated. After identifying these laws, repeals
13 are to be drafted for submission to the General Assembly.
14 47. (GP: Written Notice of Fee Changes) All state administrative or executive agencies which have the authority to
15 impose charges, fines, fees, levies, or penalties, of any nature, pursuant to statutory or regulatory authorization, shall give
16 written notice if requested to any person affected by or subject to the assessment prior to collection. The notice required
17 pursuant to this section shall include an appropriate citation to the relevant statutory or regulatory provision which authorizes
18 the imposition of the assessment. No assessment made by a state administrative or executive agency against an affected
19 person shall be valid, absent express statutory or regulatory authorization.
20 48. (GP: TEFRA-Tax Equity and Fiscal Responsibility Act) It is the intent of the General Assembly that the State
21 Medicaid Plan be amended to provide benefits for disabled children as allowed by the Tax Equity and Fiscal Responsibility
22 Act (TEFRA) option. State agencies, including but not limited to, the Office of the Governor - the Continuum of Care, the
23 Department of Health and Environmental Control, the Department of Mental Health, the Department of Disabilities and
24 Special Needs, and the Department of Health and Human Services shall collectively review and identify existing state
25 appropriations within their respective budgets that can be used as state match to serve these children. Such funds shall be
26 used effective January 1, 1995 to implement TEFRA option benefits.
27 49. (GP: Federally Declared Disaster Reimbursement) Notwithstanding Section 11-9-125, any state agency, college,
28 or university which has a grant agreement with and has received prior disaster reimbursements for losses incurred during
29 Hurricane Hugo federally declared disasters from the Office of State Public Assistance and where said state agency, college
30 or university may not have received full reimbursement for eligible program management costs associated with disaster
31 recovery activities incurred during Hurricane Hugo such disasters may seek further reimbursement for eligible program
32 management costs related to Hurricane Hugo such disasters and is authorized to retain these funds for use within the
33 agency's operating budget.
34 50. (GP: Frequent Flyer Premiums) State agencies and employees shall select air carriers based on cost and time
35 criteria, not on whether frequent flyer premiums are given. State agencies should ensure that employees earning frequent
36 flyer premiums while traveling on State business use them to reduce the cost of subsequent business travel whenever
37 possible.
38 51. (GP: Prison Industries) All agencies funded in this Act, when procuring goods and services, shall first consider
39 contracting for services or purchasing goods and services through the Department of Corrections' Prison Industries Program.
40 The Department of Corrections shall furnish, upon request, to all agencies a catalogue of goods and services provided by
41 Prison Industries. The Department is hereby directed to develop and market a catalogue of Prison Industries products for
42 nationwide circulation.
GENERAL AND TEMPORARY PAGE 534
1 52. (GP: Out-Of-State Travel Report) Annually on October 1, the Comptroller General shall issue a report on out-of-
2 state travel expenditures for the prior fiscal year which shall be distributed to the Senate Finance Committee, the House
3 Ways and Means Committee and the Statehouse Press Room. The Comptroller General may use up to $500 of general fund
4 appropriations for the purpose of providing copies to the media or the public upon request. The report must contain a listing
5 for every agency receiving an appropriation in the annual General Appropriations Act. The listing must show at a minimum
6 the top ten percent of employees for whom out-of-state travel expenses and registration fees were paid within each agency,
7 not to exceed twenty-five employees per agency. Agencies should include position titles for each of the top twenty-five
8 travelers for each agency. Expenditures must include state, federal and other sources of funds. The list for each agency must
9 be in rank order with the largest expenditure first and the name of the employee must be shown with each amount. Agencies
10 should include a brief summary of the type of out-of-state travel the agency incurs. The Comptroller General may provide
11 additional information as deemed appropriate. The Comptroller General shall provide no exceptions to this report in that
12 the information contained is not considered confidential or restricted for economic development purposes. However, further
13 disclosure of detailed information shall be restricted as provided for by law.
14 53. (GP: Transfer of Functions) All matters relating to the enforcement and administration of the provisions of
15 Chapters 1, 3, 5, 10 and 27 of Title 56 of the 1976 Code are transferred from the Department of Revenue and Taxation to
16 the Department of Public Safety.
17 54. (GP: School Technology Initiative) From the funds appropriated/authorized to the Budget and Control Board's
18 Office of Information Resources for school technology, the Board shall, in consultation with the State Department of
19 Education and South Carolina Educational Television, begin the development of a statewide educational technology
20 initiative. This initiative is intended to provide technology connectivity for K-12 public schools throughout the State and
21 should, to the maximum extent possible, involve public-private sector collaborative efforts. $11,000,000 shall be used for
22 connectivity continuation of funding to the SCINET and Internet access for schools and county libraries, $1,500,000 for
23 digitization of SC ETV video resources, and $11,616,516 for the purchase of personal computers, software, file servers,
24 routers for the schools and related training and materials for teachers and technical support staff. The Budget and Control
25 Board shall retain and carry forward funds to be used for the same purpose.
26 55. (GP: Disabled & Mentally Ill Employment Task Force) A task force shall be established to develop a plan to
27 maximize the employment of persons with severe disabilities and persons diagnosed with mental illness and to maximize
28 the use of current resources to support this effort. Task force members shall include the Director of Vocational
29 Rehabilitation, the Director of the Department of Mental Health and the Director of the Department of Disabilities and
30 Special Needs or their designees; a county-level director from Vocational Rehabilitation, the Department of Mental Health
31 and the Department of Disabilities and Special Needs from rural counties or their designees; a county-level director from
32 Vocational Rehabilitation, the Department of Mental Health and the Department of Disabilities and Special Needs from an
33 urban county or their designees; and ten consumers/family members to represent and to be divided equally among the areas
34 of mental retardation, autism, head injuries, spinal cord injuries and mental illness. This task force shall be established no
35 later than July 15, 1996. The task force shall review what our state and other states provide in the area of vocational services
36 to these populations to identify ways our system can improve in serving these population's employment needs. A report will
37 be presented with specific recommendations for improvement to the House Ways and Means Committee, the Senate Finance
38 Committee, and the Governor's Office by January 15, 1997.
39 56. (GP: Common Intake & Assessment Task Force) A common intake and assessment procedure and a plan for its
40 use shall be developed by a task force to include a representative from each agency that provides services to children with
41 disabilities and their families. The agencies shall include the directors of the Department of Education, the Department of
42 Disabilities and Special Needs, the Department of Health & Environmental Control, the Department of Mental Health and
GENERAL AND TEMPORARY PAGE 535
1 the Department of Social Services or their designees. The task force shall also include five advocates/consumers/family
2 members who have children using services from these agencies. A report shall be submitted to the House Ways and Means
3 Committee, the Senate Finance Committee and the Governor's Office by January 15, 1997. This task force shall continue
4 and report annually for three years on the implementation, quality and success of this plan.
5 57. (GP: Immunization System) The Department of Health & Environmental Control, in conjunction with the
6 Department of Health & Human Services, shall use the funds appropriated for the immunization program to enhance the
7 vaccination delivery system, emphasizing public/private partnerships in the funding and delivery systems, increase
8 community participation, education and partnerships. The strategic objective of this system shall be to eliminate vaccine-
9 preventable diseases in South Carolina. These agencies will monitor the quality and effectiveness of this system through
10 the development of an accessible statewide immunization information system and shall report annually by January 15th to
11 the Governor, the House Ways and Means Committee and the Senate Finance Committee. However, if adequate federal
12 funds are made available, any excess funds must be remitted to the General Fund.
13 58. (GP: (Long Term Care System) The Department of Health and Human Services and the Department of Health and
14 Environmental Control shall, in coordination with other appropriate agencies and organizations, develop a system of services
15 which provides a continuum of long term care services for elderly individuals and their families. The system shall integrate
16 available funding streams, design a common intake system, incorporate recipient directed care and voucher options to the
17 extent possible, expand the current continuum to better address all levels of care needed and develop an eligibility/access
18 system. The agencies will identify any changes necessary in the certificate of need rules which will better support this
19 system by lowering cost and increasing access. The system shall include a process to routinely assess the system of care
20 focusing on quality, access, outcomes and efficiency. The agencies shall report annually to the Governor, to the House Ways
21 and Means Committee and to the Senate Finance Committee no later than January 15th on this system.
22 59. (GP: Secretary of State Employee Rights) Where the provisions of this Act transfer the Office of the Secretary
23 of State or any particular entities, sections, division or portions thereof, to another state agency, department or division, the
24 related employees of the Office of the Secretary of State are also transferred to and become part of the receiving agency,
25 department or division unless otherwise specifically provided. All classified and unclassified personnel employed by the
26 Office of the Secretary of State on the effective date of this Act shall become employees of the receiving agency, department
27 or division, and retain the same compensation, and grade level, as applicable, unless otherwise specifically provided.
28 Employees transferred under this provision will not experience a break in service and, if at the time of transfer, they are
29 covered by the provisions of the State Employee Grievance Procedure Act of 1982, they continue to be covered by the
30 provisions of that Act. This provision applies only to those employees who have at least a "meets" performance
31 requirements rating in their position with the Office of the Secretary of State prior to the effective date of this Act.
32 60. (GP: Public Relations Contract Services) All state agencies or other entities existing by state law that receive an
33 annual appropriation are required to file a report with the State Ethics Commission listing all contracts for public relations,
34 communications, and legislative strategy services. This report shall include the terms, conditions, and amounts expended
35 for these purposes and shall be submitted by June 30, 1997.
36 61. (GP: Establish Positions for DPS New Trooper Class) The Budget and Control Board, based on funds appropriated
37 in Part IA of this Act for the Department of Public Safety, is directed to establish 35 FTEs for a new trooper class.
38 62. (GP: State Operated Day Care Facilities Fees) Any state agency receiving funding in this Act and any higher
39 education institution, including 4 year institutions, 2 year institutions, and technical colleges, that operates an early
40 childhood development center or day care facility shall charge, at a minimum, fees that are comparable to those charged by
41 private day care facilities in the local community. The institution or agency shall not restrict enrollment in the center solely
42 to the children of faculty, staff, and students of the institution; nor shall fees be set at a lower level for faculty, staff, or
GENERAL AND TEMPORARY PAGE 536
1 students of the institution or agency.
2 63. (GP: Prevent Welfare Reform Duplication of Services) The intent of the General Assembly is that the Department
3 of Social Services not duplicate services available at the Employment Security Commission and other state agencies. All
4 state agencies are directed to cooperate with DSS as it implements the Family Independence Act of 1995. Monies
5 appropriated for the purpose of implementing the Family Independence Act of 1995 and used to hire persons or procure
6 services for employment training purposes shall be reported to the Governor to ensure duplication of services does not occur.
7 64. (GP: BCB-Division of Operations: School District Private Contracting Solicitation) By December 1, 1996, the
8 Division of Operations of the Budget and Control Board, in consultation with the Department of Education, will conduct
9 a feasibility study as to the most efficient means of providing school transportation services. The Department of Education
10 shall not proceed with solicitations for proposals without prior approval by the General Assembly.
11 65. (GP: SDE Agriculture Education Transfer to Clemson PSA) The Budget and Control Board, in conjunction with
12 the Department of Education, shall transfer all federal funds, regardless of source, and positions both directly and indirectly
13 associated with Agricultural Education at the Department of Education to Clemson-PSA no later than July 15, 1996 1997.
14 The Department of Education shall submit a report reflecting the positions, funds and method for determining the amount
15 and number of positions to be transferred to the Chairman of the Senate Education Committee and the Chairman of the
16 House Education and Public Works Committee by July 10, 1996. Notwithstanding any other provisions of law, funds and
17 positions transferred to Clemson-PSA from the Department of Education for Agricultural Education shall be used for
18 personnel positions and related office and travel expenses to provide overall leadership, coordination, and structure for
19 agricultural education programs, EFA activities and SC Association of Young Farmers activities in the public schools of
20 South Carolina. Clemson PSA shall provide a report to the Department of Education on the use and expenditure of the
21 federal funds transferred by the Department of Education to Clemson PSA no later than December 1, of the current fiscal
22 year.
23 66. (GP: Transfer of Grants Services & Indirect Cost Allocation) The Budget and Control Board, in conjunction with
24 the Governor's Office shall transfer all funds, positions, and related inventory and equipment associated with the Grants
25 Services Section and the Indirect Cost Allocation Section of the Office of Executive Policy and Programs of the Governor's
26 Office to the Division of Budget and Analyses of the Budget and Control Board, as soon as practical on or after July 1,
27 1997. The operation of these programs shall become the responsibility of the Division of Budget and Analyses.
28 The Budget and Control Board, Division of Budget and Analyses is further directed to review Act 651 of 1978 and other
29 appropriate sections of the Code of Laws and propose any changes necessary in conjunction with this transfer not later than
30 November 15, 1997.
31 67. (GP: $3M CCI Transfer to Corrections) Of the proceeds resulting from the sale of the Central Correctional
32 Institution, the State Budget and Control Board shall transfer an amount, up to three million dollars, to the Department of
33 Corrections.
34 68. (GP: Base Budget Analysis) Agencies' annual accountability reports for 1996-97, as required in Section 1-1-810,
35 must be accessible to the House Ways & Means Committee and to the public on or before November 1, 1997, for the purpose
36 of a base budget analysis. Technical assistance will be available from the Office of State Budget. The Committee may
37 award a Certificate of Excellence in Governing to the three agencies with the most exemplary accountability reports. These
38 reports will be used as models for future accountability reports.
39 69. (GP: Transfer of Printing Operations) The following state agencies under the directions of the Governor's Office
40 shall cooperate with the Budget and Control Board to identify and facilitate the transfer of any portion of their operation,
41 including transfer of funds to the Budget and Control Board to support this function during Fiscal Year 1997-98. The
42 following agencies will make a permanent transfer of state funds as specified below and the Department of Social Services
GENERAL AND TEMPORARY PAGE 537
1 shall permanently transfer two full time equivalent positions to the Budget and Control Board, Division of Operations to
2 be effective July 1, 1997, for the management of all printed related issues.
3 Department of Corrections $ 7,000
4 Department of Health & Environmental Control $ 7,000
5 Department of Mental Health $ 7.000
6 Department of Natural Resources $ 7,000
7 Department of Probation, Parole & Pardon Services $ 7,000
8 Department of Public Safety $ 7,000
9 Department of Revenue $ 7,000
10 Department of Social Services $22,170 and two full time equivalent positions
11 Department of Transportation $ 7,000
12 70. (GP: Professional Dues) State agencies and institutions are prohibited from paying or reimbursing professional
13 dues payments for individuals to the American Bar Association.
14 71. (GP: Federal/Other Funded Employee Bonus) Notwithstanding any other provision of law, state agencies and
15 institutions shall be allowed to spend federal and other sources of revenue to provide selected employees a one-time lump
16 sum bonus not to exceed $1,000, based on objective guidelines established by the Budget and Control Board. Agencies
17 affected by this proviso shall maintain documents verifying that the bonuses funded were from savings resulting from
18 increased efficiency in their operations. Also, agencies using Federal funds for the bonus must show that the use of these
19 funds is in compliance with Federal law. This payment is not a part of the employee's base salary and is not earnable
20 compensation for purposes of employee and employer contributions to respective retirement systems.
21 72. (GP: Division of Aging Transfer to DHHS) Notwithstanding any other provision of law, effective July 1, 1997,
22 the duties, functions, and responsibilities of the Division on Aging in the Office of the Governor are transferred to the
23 Department of Health and Human Services. The B&C Board, Division of Budget and Analyses shall take the necessary
24 actions to effect this transfer. All personnel, appropriations, and FTE's of the Division shall be transferred to the DHHS
25 on July 1, 1997.
26 73. (GP: Victim/Witness Personnel) The State Budget and Control Board is directed to conduct a study on the services
27 provided by state agencies, counties and municipalities to victims and witnesses. The study shall include, but not be limited
28 to, the types of assistance rendered as well as a review of the existing number and type of personnel providing such services.
29 The State Budget and Control Board shall submit a report to the Governor, the Chairman of the Senate Finance Committee
30 and the Chairman of the House Ways & Means Committee by January 1, 1998.
31 74. (GP: Board of Dentistry Study) The State Reorganization Commission is directed to study the feasibility of
32 transferring the Board of Dentistry and the Board of Accountancy from the Department of Labor, Licensing and Regulations
33 and establishing the Boards as separate agencies with the same duties and powers as held prior to Act 181 of 1993, which
34 restructured state government. A report on the findings of the study shall be submitted to the Ways and Means Committee
35 and the Senate Finance Committee by December 1, 1997.
36 75. (GP: Hold Harmless - Reserve Funds) The General Reserve Fund and the Capital Reserve Fund shall not be less
37 than the amounts required in FY 97-98.
38
39 SECTION 73
40
41 1. (Year End Expenditures) Unless specifically authorized herein, the appropriations provided in Part I of this
42 Act as ordinary expenses of the State Government shall lapse on July 31, 1997 1998. State agencies are required to submit
SECTION 73 PAGE 538
1 all current fiscal year input documents to the Comptroller General's Office by July 18, 1997 July 20, 1998. Appropriations
2 for Permanent Improvements, now outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which
3 such appropriations were provided, unless definite commitments shall have been made, with the approval of the State Budget
4 and Control Board and Joint Bond Review Committee, toward the accomplishment of the purposes for which the
5 appropriations were provided. Appropriations for other specific purposes aside from ordinary operating expenses, now
6 outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which such appropriations were
7 provided, unless definite commitments shall have been made, with the approval of the State Budget and Control Board,
8 toward the accomplishment of the purposes for which the appropriations were provided.
9
END OF PART IB