General Appropriations Bill H. 4700 for the fiscal year beginning July 1, 1998
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5 SECTION 63C - F09 - BUDGET AND CONTROL BOARD,
6 BUDGET AND ANALYSES, DIVISION OF
7
8 63C.1. (BCB/DBA: OSB - Agencies Affected by Restructuring) The Budget and Control Board is directed to work with affected
9 State agencies in order to phase-in operations of restructured organizations during Fiscal Year 1997-98. Restructured organizations should
10 be operating entirely under the revised structure not later than June 30, 1998. The Board is further directed to work with the affected
11 agencies in order to identify and facilitate the transfer of any portion of their operations, including transfer of funds, during Fiscal Year
12 1997-98, which is affected by the restructured organization adopted by the General Assembly, but which has not already been
13 accomplished herein. Until sufficient changes can be made to the State's accounting system and the appointment of appropriate agency
14 heads, the Comptroller General and the State Treasurer shall allow those agencies affected by restructuring to continue processing
15 documents within the account structure existing on June 30, 1997. Restructured agencies shall make all the necessary accounting
16 adjustments to complete the transition to the new account structure as soon as possible, but no later than June 30, 1998.
17 63C.2. (BCB/DBA: OHR - Compensation - Agency Head Salary) Notwithstanding any other provision of law in the event of an
18 agency head vacancy, the governing board of the agency or the Governor, must have the prior favorable recommendation of the Agency
19 Head Salary Commission to set, discuss or offer a salary for the agency head at a rate that exceeds the minimum of the range established
20 by the Agency Head Salary Commission. The Budget and Control Board shall have final approval authority for agency head salaries.
21 Boards and Commissions of newly created agencies shall not offer a salary to a prospective agency head until a salary range has been
22 established and the salary approved by the Agency Head Salary Commission. The funding for such purpose should come from resources
23 within the agency. The Agency Head Salary Commission shall recommend to the Budget & Control Board salary increases for agency
24 heads. No agency head shall be paid less than the minimum of the pay range nor receive an increase that would have the effect of raising
25 the salary above the maximum of the pay range. No agency head shall receive a salary increase in excess of two percent beginning
26 October 1 of this fiscal year. Funding shall be provided for an amount equivalent to the pay increase for all classified employees. Any
27 remaining increases recommended by the Agency Head Salary Commission shall be funded from the individual agency budget. All
28 increases shall be effective on or after October 1, of the current fiscal year.
29 In the event of a Technical College President vacancy, the appointing authority must have prior favorable recommendation of the
30 Agency Head Salary Commission to set, discuss or offer a salary for Technical College Presidents at a rate that exceeds the midpoint of
31 the salary range. The Budget and Control Board shall have final approval authority for these salaries.
32 63C.3. (BCB/DBA: OHR - Compensation - Reporting of Supplemental Salaries) No supplement shall be paid to an agency's
33 employee unless the agency head or designated official of the employing agency has approved the conditions and amount of salary
34 supplement. Any compensation, excluding travel reimbursement, from an affiliated public charity, foundation, clinical faculty practice
SECTION 63C - F09 - BUDGET AND CONTROL BOARD, PAGE 482
BUDGET & ANALYSES, DIVISION OF
1 plan, or other public source or any supplement from a private source to the salary appropriated for a state employee and fixed by the State
2 must be reported by the employee employing agency to the Division of Budget and Analyses of the Budget and Control Board. The report
3 must include the amount, source, and any condition of the supplement. Any change in the amount, source, or condition must be reported
4 to the division by the employee. The employing agency must report this information on or before August 31 of each year and must include
5 the total amount and source of the salary supplement received by the employee during the preceding fiscal year (July 1 through June 30).
6 The Office of Human Resources of the B&C Board shall formulate policies and procedures to ensure compliance with the provisions of
7 this proviso.
8 63C.4. (BCB/DBA: OHR - Vacancy Report/Appropriations for Compensation/Quarterly Allocations) In providing in this Act for
9 compensation of state employees, the General Assembly recognizes that a continuing minimum number of position vacancies among state
10 agencies is inevitable and that the full amount appropriated for employee compensation will not likely be required. In order to provide
11 for efficient administration and use of such appropriations, the Budget and Control Board is authorized to require such periodic reports
12 from agencies as will reflect actual compensation requirements during the course of the year and to allot to agencies on a quarterly basis
13 such amounts of appropriations for compensation as may be necessary to meet actual requirements only.
14 63C.5. (BCB/DBA: OHR - Employment Rights Affected by Restructuring) Provided, that all State employees affected by the
15 restructuring of State agencies shall retain all present employment rights. Employees who are transferred or reassigned as a result of
16 restructuring who had attained permanent status as provided in the State Employee Grievance Procedure Act of 1982, as amended, shall
17 retain such rights. Employees in positions not covered by the State Employee Grievance Procedure Act of 1982, as amended, who would
18 occupy positions subject to the Act after restructuring and who have more than six months service as a State employee shall have grievance
19 rights under the Act.
20 63C.6. (BCB/DBA: OHR - Agency Head Salaries Affected by Restructuring) The salaries of Agency Directors affected by
21 restructuring will be reviewed by the Division of Budget and Analyses of the Budget and Control Board. The review by the Division of
22 Budget and Analyses will be submitted to the Agency Head Salary Commission and the Budget and Control Board. The Agency Head
23 Salary Commission shall recommend to the Budget and Control Board any salary adjustments deemed appropriate for approval.
24 63C.7. (BCB/DBA: OHR - Compensation - Increase Eligibility) Statewide elected officials, constitutional officers, temporary
25 positions, whether full or part-time, and agency heads, shall not be eligible for any compensation increases as provided in this Act unless
26 otherwise specified in this Act.
27 63C.8. (BCB/DBA: BEA - Membership, Compensation, Duties) Notwithstanding the provisions of 11-9-820 of the 1976 Code, the
28 Board of Economic Advisors shall consist of the following members:
29 (1) one member, appointed by the Governor, who shall serve as chairman and shall receive the sum of $10,000 annually;
30 (2) one member appointed by the Chairman of the Senate Finance Committee who shall receive the sum of $8,000 annually;
31 (3) One member appointed by the Chairman of the Ways and Means Committee of the House of Representatives who shall receive
32 the sum of $8,000 annually;
33 (4) Director of the Department of Revenue and Taxation, ex officio with no voting rights.
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BUDGET & ANALYSES, DIVISION OF
1 The appointed members shall serve at the pleasure of their appointors. The Chairman of the Board of Economic Advisors shall report
2 directly to the Budget and Control Board to establish policy governing economic trend analysis. The Board of Economic Advisors shall
3 provide for its staffing and administrative support from funds appropriated by the General Assembly.
4 The Executive Director of the Budget and Control Board shall assist the Governor, Chairman of the Board of Economic Advisors,
5 Chairman of the Senate Finance Committee, and Chairman of the Ways and Means Committee of the House of Representatives in
6 providing an effective system for compiling and maintaining current and reliable economic data. The Board of Economic Advisors is
7 considered a public body under the provisions of Section 30-4-20(a) of the 1976 Code. The Board of Economic Advisors may establish
8 an advisory board to assist in carrying out its duties and responsibilities. All state agencies, departments, institutions and divisions shall
9 provide such information and data as the board may require.
10 63C.9. (BCB/DBA: BEA - Mid-Year Budget Reductions & Restricting the Rate of Expenditures) Any appropriations made herein
11 or by special act now or hereafter, are hereby declared to be maximum, conditional and proportionate, the purpose being to authorize
12 expenditures not to exceed the amounts named herein, if necessary, but only in the event the aggregate revenues available during the period
13 for which the appropriations are made are sufficient to pay them in full. The State Budget and Control Board is directed to survey the
14 progress of the collection of revenue and the expenditure of funds by all agencies, departments and institutions. If the Budget and Control
15 Board determines that a year-end aggregate deficit may occur by virtue of a projected shortfall fall in anticipated revenues, it shall utilize
16 such funds as may be available and required to be used to avoid a year end deficit and thereafter take such action as necessary to restrict
17 the rate of expenditure of all agencies consistent with the provisions of this section. No institution, activity, program, item, special
18 appropriation, or allocation for which the General Assembly has provided funding in any part of this Act shall be discontinued, deleted,
19 or deferred by the Budget and Control Board. Any reduction of rate of expenditure by the Board, under authority of this Act, shall be
20 applied as uniformly as may be practicable except that no reduction shall be applied to funds encumbered by a written contract with an
21 agency not connected with the State Government. No such reduction shall be ordered by the State Budget and Control Board while the
22 General Assembly is in session without first reporting such necessity to the General Assembly and the General Assembly has taken no
23 action to prevent the reduction within five statewide session days of formal written notification.
24 As far as practicable all departments, institutions, and agencies of the State are hereby directed to budget and allocate appropriations
25 as quarterly allocation so as to provide for operation on uniform standards throughout the fiscal year and in order to avoid an operating
26 deficit for the fiscal year. It should be recognized that academic year calendars of state institutions will affect the uniformity of the receipt
27 and distribution of funds during the years. The Comptroller General or the Office of State Budget shall make such reports to the Budget
28 and Control Board as they deem advisable on any agency which is expending authorized appropriations at a rate which predicts or projects
29 a general fund deficit for the agency. The Budget and Control Board is authorized and directed to require any such agency, institutions
30 or department to file a quarterly allocations plan and is further authorized to restrict the rate of expenditures of the agency, institution or
31 department if the Board determines that a deficit may occur. It is the responsibility of any such agency to develop a plan, in consultation
32 with the Budget and Control Board, that eliminates or reduces a deficit. Should the Budget and Control Board make a finding that the
33 cause of and likelihood of a deficit is unavoidable due to factors which are wholly outside of an agency's control, then the Board may
34 determine that the recognition of an agency deficit is appropriate and shall notify the General Assembly of such action or the presiding
SECTION 63C - F09 - BUDGET AND CONTROL BOARD, PAGE 484
BUDGET & ANALYSES, DIVISION OF
1 officer of the House and Senate if the General Assembly is not in session. Upon receipt of such notification from the Budget and Control
2 Board, the General Assembly may authorize supplemental appropriations from any surplus revenues which existed at the close of the
3 previous fiscal year. If the General Assembly fails to take action, then the finding of the Budget and Control Board shall stand, and the
4 actual deficit at close of the fiscal year shall be reduced as necessary from surplus revenues or surplus funds available at the close of the
5 fiscal year in which the deficit occurs and from funds available in the Capital Reserve Fund and General Reserve Fund, as required by the
6 Constitution. If the Budget and Control Board finds that the likelihood and cause of a deficit is the result of agency management, then
7 the bond of State officials responsible for management of the agency involved shall be held liable therefor and the Board shall notify the
8 Agency Head Salary Commission of such finding. In the case of a finding that a projected deficit is the result of the management of the
9 agency, the Budget and Control Board shall take immediate steps to curtail agency expenditures in such a manner so as to bring
10 expenditures in line with authorized appropriations and avoid a year end operating deficit.
11 63C.10. (BCB/DBA: OHR - Compensation Increase - Appropriated Funds Ratio) Appropriated funds may be used for compensation
12 increases for classified and unclassified employees and agency heads only in the same ratio that the employee's base salary is paid from
13 appropriated sources.
14 63C.11. (BCB/DBA: OHR - Vacant Positions) In the event that any permanent position in an agency remains vacant for more than
15 one year the position may be deleted by the Budget and Control Board.
16 63C.12. (BCB/DBA: OHR - Employee Pay) The amounts appropriated to the Budget and Control Board for Employee Pay Increase
17 must be allocated by the Board to the various state agencies to provide for employees pay increases in accordance with the following plan:
18 1. With respect to classified employees, effective on the first pay date that occurs on or after July 1 October 1 of the current fiscal year,
19 the compensation of all classified employees shall be increased by 2.5% 2%.
20 2. With respect to unclassified employees or unclassified executive compensation system employees not elsewhere covered in this Act,
21 effective on the first pay date that occurs on or after July 1 October 1 of the current fiscal year, each agency is authorized to allot the total
22 funds for compensation increases among individual employees without uniformity. The funds provided for compensation increases for
23 any employees subject to the provisions of this paragraph are based on an annual average 2.5% 2% increase. All of the salaries are subject
24 to the provisions of Section 72.29 of Part IB of this Act and Office of Human Resources' approval must be obtained before any employees
25 subject to the provisions of this paragraph may be granted an annual pay increase in excess of the guidelines established by the Budget
26 & Control Board. Any employee subject to the provisions of this paragraph shall not be eligible for compensation increases provided in
27 paragraphs 1, 3, 4, 5, 6 or 7.
28 3. With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary Commission shall
29 recommend to the Budget and Control Board salary increases for agency heads. Agency head increases shall be effective on the first pay
30 date that occurs on or after July 1 October 1 of the current fiscal year. No agency head shall be paid less than the minimum of the pay
31 increase range nor receive a salary increase that would have the effect of raising the salary above the maximum of the pay range. No
32 agency head shall receive a salary increase in excess of two percent beginning October 1 of this fiscal year.
33 4. Effective on the first pay date that occurs on or after July 1 October 1 of the current fiscal year, agency heads not covered by the
34 Agency Head Salary Commission, shall receive an annualized base pay increase of 2.5% 2%.
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1 5. With respect to local health care providers, the funds provided for compensation increases shall be based on an annual average 2.5%
2 2% increase, effective on the first pay date that occurs on or after July 1 October 1 of the current fiscal year.
3 6. Effective on the first pay date that occurs on or after July 1 October 1 of the current fiscal year, the Chief Justice and other judicial
4 officers shall receive a base pay increase of 2.5% 2%.
5 7. Effective on the first pay date that occurs on or after July 1 October 1 of the current fiscal year, the compensation of judicial
6 employees not elsewhere covered in this act shall be increased by 2.5% 2%.
7 63C.13. (BCB/DBA: OSB - Prior Year Shown in Appropriation Bill) Effective on July 1 of the current fiscal year, the Appropriation
8 Bill must show the prior year's base budget in the appropriation budget format.
9 63C.14. (BCB/DBA: CRR - Artifacts Disposition) No artifacts owned by the State in the collection and exhibits of the Confederate
10 Relic Room shall be permanently removed or disposed of except by a Concurrent Resolution of the General Assembly.
11 63C.15. (BCB/DBA: CRR - Confederate Relic Room Location) Notwithstanding Act 313 of 1919 and Section 59-117-60, Code of
12 Laws of 1976, the War Memorial Building erected at the corner of Sumter and Pendleton Streets in the City of Columbia shall continue
13 to be used by the Confederate Relic Room and the custody and control of the building shall be forthwith transferred to the South Carolina
14 Budget and Control Board.
15 63C.16. (BCB/DBA: CRR - Research/Copy Fee) The Confederate Relic Room is authorized to collect, retain and expend fees from
16 research and photographic processing requests and from the sale of promotional items.
17 63C.17. (BCB/DBA: CRR - Appointment of Director) The Director of the Confederate Relic Room shall be appointed, after
18 consultation with the South Carolina Division Commander of the Sons of the Confederate Veterans and the President of the South Carolina
19 Chapter of the United Daughters of the Confederacy, by the Executive Director of the South Carolina Budget and Control Board and shall
20 serve at his pleasure.
21 63C.18. (BCB/DBA: CRR - Donations) The Confederate Relic Room is authorized to receive donations of funds and artifacts and
22 to expend these donations for the restoration, preservation and display of the collection to supplement state monies appropriated for such
23 purposes.
24 63C.19. (BCB/DBA: CRR - Confederate Museum Relocation) It is the intent of the General Assembly that, as soon as space becomes
25 available, the Confederate Museum shall relocate to the Columbia Mills Building where it will be retained as a separate and distinct facility,
26 under the State Budget and Control Board.
27 63C.20. (BCB/DBA: OSB - Study of DOT Indirect Costs) The Office of State Budget shall conduct a study of the Department of
28 Transportation's Statewide Cost Allocation Plan and Accounting Functions Transfer Fees. The study should address, but not be limited
29 to the fees paid for collection of Highway Revenue; Central Service Agency Recoveries; Other Indirect Cost Recoveries; Highway Fund
30 Transfer; and amounts transferred to the General Fund for servicing of accounting and payroll functions of the Comptroller General's
31 Office and the State Treasurer's Office. The report shall address these items separately and the study's findings and recommendations
32 shall be submitted to the Ways and Means Committee by December 1, 1998.