General Appropriations Bill H. 4700 for the fiscal year beginning July 1, 1998
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17 SECTION 63C - F09 - BUDGET AND CONTROL BOARD,
18 BUDGET & ANALYSES, DIVISION OF
19
20 63C.1. (BCB/DBA: OSB - Agencies Affected by Restructuring) The Budget and Control Board is directed to work with affected
21 State agencies in order to phase-in operations of restructured organizations during Fiscal Year 1997-98. Restructured organizations should
22 be operating entirely under the revised structure not later than June 30, 1998. The Board is further directed to work with the affected
23 agencies in order to identify and facilitate the transfer of any portion of their operations, including transfer of funds, during Fiscal Year
24 1997-98, which is affected by the restructured organization adopted by the General Assembly, but which has not already been
25 accomplished herein. Until sufficient changes can be made to the State's accounting system and the appointment of appropriate agency
26 heads, the Comptroller General and the State Treasurer shall allow those agencies affected by restructuring to continue processing
27 documents within the account structure existing on June 30, 1997. Restructured agencies shall make all the necessary accounting
28 adjustments to complete the transition to the new account structure as soon as possible, but no later than June 30, 1998.
29 63C.2. (BCB/DBA: OHR - Compensation - Agency Head Salary) Notwithstanding any other provision of law in the event of an
30 agency head vacancy, the governing board of the agency or the Governor, must have the prior favorable recommendation of the Agency
31 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 by
32 the Agency Head Salary Commission. The Budget & Control Board shall have final approval authority for agency head salaries. Boards
33 and Commissions of newly created agencies shall not offer a salary to a prospective agency head until a salary range has been established
SECTION 63C - F09 - BUDGET AND CONTROL BOARD,
BUDGET & ANALYSES, DIVISION OF PAGE 484
1 and the salary approved by the Agency Head Salary Commission. The funding for such purpose should come from resources within the
2 agency. The Budget & Control Board shall contract for a study of agency head compensation during the current year. The cost of the
3 study must be shared by the participating agencies. The Agency Head Salary Commission shall recommend to the Budget & Control
4 Board salary increases for agency heads. No agency head shall be paid less than the minimum of the salary pay range nor receive an
5 increase that would have the effect of raising the salary above the maximum of the pay range. Funding shall must be provided for an
6 amount equivalent to the pay increase for all classified employees. Any remaining increases recommended by the Agency Head Salary
7 Commission shall be funded from the individual agency budget. All increases shall be effective on or after October January 1, of the
8 current fiscal year.
9 In the event of a Technical College President vacancy, the appointing authority must have prior favorable recommendation of the
10 Agency Head Salary Commission to set, discuss or offer a salary for Technical College Presidents at a rate that exceeds the midpoint of the
11 salary range. The Budget & Control Board shall have final approval authority for these salaries.
12 63C.3. (BCB/DBA: OHR - Compensation - Reporting of Supplemental Salaries) No supplement shall be paid to an agency's
13 employee unless the agency head or designated official of the employing agency has approved the conditions and amount of salary
14 supplement. Any compensation, excluding travel reimbursement, from an affiliated public charity, foundation, clinical faculty practice
15 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
16 must be reported by the employee employing agency to the Division of Budget and Analyses of the Budget and Control Board. The report
17 must include the 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. The employing agency must report this information on or before August 31 of each year and must include
19 the total amount and source of the salary supplement received by the employee during the preceding fiscal year (July 1 through June
20 30). The Office of Human Resources of the B&C Board shall formulate policies and procedures to ensure compliance with the
21 provisions of this proviso.
22 63C.4. (BCB/DBA: OHR - Vacancy Report/Appropriations for Compensation/Quarterly Allocations) In providing in this Act for
23 compensation of state employees, the General Assembly recognizes that a continuing minimum number of position vacancies among state
24 agencies is inevitable and that the full amount appropriated for employee compensation will not likely be required. In order to provide for
25 efficient administration and use of such appropriations, the Budget and Control Board is authorized to require such periodic reports from
26 agencies as will reflect actual compensation requirements during the course of the year and to allot to agencies on a quarterly basis such
27 amounts of appropriations for compensation as may be necessary to meet actual requirements only.
28 63C.5. (BCB/DBA: OHR - Employment Rights Affected by Restructuring) Provided, that all State employees affected by the
29 restructuring of State agencies shall retain all present employment rights. Employees who are transferred or reassigned as a result of
30 restructuring who had attained permanent status as provided in the State Employee Grievance Procedure Act of 1982, as amended, shall
31 retain such rights. Employees in positions not covered by the State Employee Grievance Procedure Act of 1982, as amended, who would
32 occupy positions subject to the Act after restructuring and who have more than six months service as a State employee shall have grievance
33 rights under the Act.
SECTION 63C - F09 - BUDGET AND CONTROL BOARD,
BUDGET & ANALYSES, DIVISION OF PAGE 485
1 63C.6. (BCB/DBA: OHR - Agency Head Salaries Affected by Restructuring) The salaries of Agency Directors affected by
2 restructuring will be reviewed by the Division of Budget and Analyses of the Budget and Control Board. The review by the Division of
3 Budget and Analyses will be submitted to the Agency Head Salary Commission and the Budget and Control Board. The Agency Head
4 Salary Commission shall recommend to the Budget and Control Board any salary adjustments deemed appropriate for approval.
5 63C.7. (BCB/DBA: OHR - Compensation - Increase Eligibility) Statewide elected officials, constitutional officers, temporary
6 positions, whether full or part-time, and agency heads, shall not be eligible for any compensation increases as provided in this Act unless
7 otherwise specified in this Act.
8 63C.8. (BCB/DBA: BEA - Membership, Compensation, Duties) Notwithstanding the provisions of 11-9-820 of the 1976 Code, the
9 Board of Economic Advisors shall consist of the following members:
10 (1) one member, appointed by the Governor, who shall serve as chairman and shall receive the sum of $10,000 annually;
11 (2) one member appointed by the Chairman of the Senate Finance Committee who shall receive the sum of $8,000 annually;
12 (3) One member appointed by the Chairman of the Ways and Means Committee of the House of Representatives who shall receive the
13 sum of $8,000 annually;
14 (4) Director of the Department of Revenue and Taxation, ex officio with no voting rights.
15 The appointed members shall serve at the pleasure of their appointors. The Chairman of the Board of Economic Advisors shall report
16 directly to the Budget and Control Board to establish policy governing economic trend analysis. The Board of Economic Advisors shall
17 provide for its staffing and administrative support from funds appropriated by the General Assembly.
18 The Executive Director of the Budget and Control Board shall assist the Governor, Chairman of the Board of Economic Advisors,
19 Chairman of the Senate Finance Committee, and Chairman of the Ways and Means Committee of the House of Representatives in
20 providing an effective system for compiling and maintaining current and reliable economic data. The Board of Economic Advisors is
21 considered a public body under the provisions of Section 30-4-20(a) of the 1976 Code. The Board of Economic Advisors may establish an
22 advisory board to assist in carrying out its duties and responsibilities. All state agencies, departments, institutions and divisions shall
23 provide such information and data as the board may require.
24 63C.9. (BCB/DBA: BEA - Mid-Year Budget Reductions & Restricting the Rate of Expenditures) Any appropriations made herein or
25 by special act now or hereafter, are hereby declared to be maximum, conditional and proportionate, the purpose being to authorize
26 expenditures not to exceed the amounts named herein, if necessary, but only in the event the aggregate revenues available during the period
27 for which the appropriations are made are sufficient to pay them in full. The State Budget and Control Board is directed to survey the
28 progress of the collection of revenue and the expenditure of funds by all agencies, departments and institutions. If the Budget and Control
29 Board determines that a year-end aggregate deficit may occur by virtue of a projected shortfall fall in anticipated revenues, it shall utilize
30 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 the
31 rate of expenditure of all agencies consistent with the provisions of this section. No institution, activity, program, item, special
32 appropriation, or allocation for which the General Assembly has provided funding in any part of this Act shall be discontinued, deleted, or
33 deferred by the Budget and Control Board. Any reduction of rate of expenditure by the Board, under authority of this Act, shall be applied
SECTION 63C - F09 - BUDGET AND CONTROL BOARD,
BUDGET & ANALYSES, DIVISION OF PAGE 486
1 as uniformly as may be practicable except that no reduction shall be applied to funds encumbered by a written contract with an agency not
2 connected with the State Government. No such reduction shall be ordered by the State Budget and Control Board while the General
3 Assembly is in session without first reporting such necessity to the General Assembly and the General Assembly has taken no action to
4 prevent the reduction within five statewide session days of formal written notification.
5 As far as practicable all departments, institutions, and agencies of the State are hereby directed to budget and allocate appropriations as
6 quarterly allocation so as to provide for operation on uniform standards throughout the fiscal year and in order to avoid an operating
7 deficit for the fiscal year. It should be recognized that academic year calendars of state institutions will affect the uniformity of the receipt
8 and distribution of funds during the years. The Comptroller General or the Office of State Budget shall make such reports to the Budget
9 and Control Board as they deem advisable on any agency which is expending authorized appropriations at a rate which predicts or projects
10 a general fund deficit for the agency. The Budget and Control Board is authorized and directed to require any such agency, institutions or
11 department to file a quarterly allocations plan and is further authorized to restrict the rate of expenditures of the agency, institution or
12 department if the Board determines that a deficit may occur. It is the responsibility of any such agency to develop a plan, in consultation
13 with the Budget and Control Board, that eliminates or reduces a deficit. Should the Budget and Control Board make a finding that the
14 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
15 determine that the recognition of an agency deficit is appropriate and shall notify the General Assembly of such action or the presiding
16 officer of the House and Senate if the General Assembly is not in session. Upon receipt of such notification from the Budget and Control
17 Board, the General Assembly may authorize supplemental appropriations from any surplus revenues which existed at the close of the
18 previous fiscal year. If the General Assembly fails to take action, then the finding of the Budget and Control Board shall stand, and the
19 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
20 fiscal year in which the deficit occurs and from funds available in the Capital Reserve Fund and General Reserve Fund, as required by the
21 Constitution. If the Budget and Control Board finds that the likelihood and cause of a deficit is the result of agency management, then the
22 bond of State officials responsible for management of the agency involved shall be held liable therefor and the Board shall notify the
23 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
24 agency, the Budget and Control Board shall take immediate steps to curtail agency expenditures in such a manner so as to bring
25 expenditures in line with authorized appropriations and avoid a year end operating deficit.
26 63C.10. (BCB/DBA: OHR - Compensation Increase - Appropriated Funds Ratio) Appropriated funds may be used for compensation
27 increases for classified and unclassified employees and agency heads only in the same ratio that the employee's base salary is paid from
28 appropriated sources.
29 63C.11. (BCB/DBA: OHR - Vacant Positions) In the event that any permanent position in an agency remains vacant for more than
30 one year the position may be deleted by the Budget and Control Board.
31 63C.12. (BCB/DBA: OHR - Employee Pay) Except as provided in paragraph 8, the The amounts appropriated to the Budget and
32 Control Board for Employee Pay Increases must be allocated by the Board to the various state agencies to provide for employees pay
33 increases in accordance with the following plan:
SECTION 63C - F09 - BUDGET AND CONTROL BOARD,
BUDGET & ANALYSES, DIVISION OF PAGE 487
1 1. With respect to classified employees, effective on the first pay date that occurs on or after July 1 of the current fiscal year, the
2 compensation of all classified employees shall be increased by 2.5%.
3 2. With respect to unclassified employees or unclassified executive compensation system employees not elsewhere covered in this Act,
4 effective on the first pay date that occurs on or after July 1 of the current fiscal year, each agency is authorized to allot the total funds for
5 compensation increases among individual employees without uniformity. The funds provided for compensation increases for any
6 employees subject to the provisions of this paragraph are based on an annual average 2.5% increase. All of the salaries are subject to the
7 provisions of Section 72.29 of Part IB of this Act and Office of Human Resources' approval must be obtained before any employees
8 subject to the provisions of this paragraph may be granted an annual pay increase in excess of the guidelines established by the Budget &
9 Control Board. Any employee subject to the provisions of this paragraph shall not be eligible for compensation increases provided in
10 paragraphs 1, 3, 4, 5, 6 or 7.
11 3. With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary Commission shall
12 recommend to the Budget and Control Board salary increases for agency heads. Agency head increases shall be effective on the first pay
13 date that occurs on or after July 1of the current fiscal year. No agency head shall be paid less than the minimum of the pay increase range
14 nor receive a salary increase that would have the effect of raising the salary above the maximum of the pay range.
15 4. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, agency heads not covered by the Agency Head
16 Salary Commission, shall receive an annualized base pay increase of 2.5%.
17 5. With respect to local health care providers, the funds provided for compensation increases shall be based on an annual average 2.5%
18 increase, effective on the first pay date that occurs on or after July 1 of the current fiscal year.
19 6. Effective on the first pay date that occurs on or after July 1of the current fiscal year, the Chief Justice and other judicial officers
20 shall receive a base pay increase of 2.5%.
21 7. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, the compensation of judicial employees not
22 elsewhere covered in this act shall be increased by 2.5%.
23 8. In the case of cabinet agencies, the compensation increases provided in paragraphs 1 through 5 apply, but no funds are
24 appropriated for the purpose of paying these increases. Cabinet agencies shall absorb these compensation increases from funds
25 appropriated to them in Part IA of this Act. For purposes of this pay plan, a "cabinet" agency is an agency whose director or other
26 chief administrative officer is appointed by the Governor.
27 63C.13. (BCB/DBA: OSB - Prior Year Shown in Appropriation Bill) Effective on July 1 of the current fiscal year, the Appropriation
28 Bill must show the prior year's base budget in the appropriation budget format.
29 63C.14. (BCB/DBA: CRR - Artifacts Disposition) No artifacts owned by the State in the collection and exhibits of the Confederate
30 Relic Room shall be permanently removed or disposed of except by a Concurrent Resolution of the General Assembly.
31 63C.15. (BCB/DBA: CRR - Confederate Relic Room Location) Notwithstanding Act 313 of 1919 and Section 59-117-60, Code of
32 Laws of 1976, the War Memorial Building erected at the corner of Sumter and Pendleton Streets in the City of Columbia shall continue to
33 be used by the Confederate Relic Room and the custody and control of the building shall be forthwith transferred to the South Carolina
SECTION 63C - F09 - BUDGET AND CONTROL BOARD,
BUDGET & ANALYSES, DIVISION OF PAGE 488
1 Budget and Control Board.
2 63C.16. (BCB/DBA: CRR - Research/Copy Fee) The Confederate Relic Room is authorized to collect, retain and expend fees from
3 research and photographic processing requests and from the sale of promotional items.
4 63C.17. (BCB/DBA: CRR - Appointment of Director) The Director of the Confederate Relic Room shall be appointed, after
5 consultation with the South Carolina Division Commander of the Sons of the Confederate Veterans and the President of the South Carolina
6 Chapter of the United Daughters of the Confederacy, by the Executive Director of the South Carolina Budget and Control Board and shall
7 serve at his pleasure.
8 63C.18. (BCB/DBA: CRR - Donations) The Confederate Relic Room is authorized to receive donations of funds and artifacts and to
9 expend these donations for the restoration, preservation and display of the collection to supplement state monies appropriated for such
10 purposes.
11 63C.19. (BCB/DBA: CRR - Confederate Museum Relocation) It is the intent of the General Assembly that, as soon as space becomes
12 available, the Confederate Museum shall relocate to the Columbia Mills Building where it will be retained as a separate and distinct
13 facility, under the State Budget and Control Board.
14 63C.20. (BCB/DBA: OSB - Study of DOT Indirect Costs) The Office of State Budget shall conduct a study of the Department of
15 Transportation's Statewide Cost Allocation Plan and Accounting Functions Transfer Fees. The study should address, but not be
16 limited to the fees paid for collection of Highway Revenue; Central Service Agency Recoveries; Other Indirect Cost Recoveries;
17 Highway Fund Transfer; and amounts transferred to the General Fund for servicing of accounting and payroll functions of the
18 Comptroller General's Office and the State Treasurer's Office. The report shall address these items separately and the study's
19 findings and recommendations shall be submitted to the Senate Finance and Ways and Means Committees by December 1, 1998.
20