General Appropriations Bill H. 4700 for the fiscal year beginning July 1, 1998
Hint: To avoid truncation when printing, be sure your software is set to print in Landscape Orientation. Adjust font size as needed.
Indicates Matter Stricken
Indicates New Matter
4 SECTION 72 - X90 - GENERAL AND TEMPORARY
5
6 72.1. (GP: Revenues, Deposits Credited to General Fund) For the current fiscal year, except as hereinafter specifically provided, all
7 general state revenues derived from taxation, licenses, fees, or from any other source whatsoever, and all institutional and departmental
8 revenues or collections, including income from taxes, licenses, fees, the sale of commodities and services, and income derived from any
9 other departmental or institutional source of activity, must be remitted to the State Treasurer at least once each week, when practical, and
10 must be credited, unless otherwise directed by law, to the General Fund of the State. Each institution, department or agency, in remitting
11 such income to the State Treasurer, shall attach with each such remittance a report or statement, showing in detail the sources itemized
12 according to standard budget classification from which such income was derived, and shall, at the same time, forward a copy of such report
13 or statement to the Comptroller General and the State Budget and Control Board. In order to facilitate the immediate deposit of
14 collections, refunds of such collections by the State institutions where properly approved by the authorities of same, may be made in
15 accordance with directions from the State Comptroller General and State Treasurer. Revenues derived from the General Retail Sales Tax,
16 the Soft Drinks Tax, and the State's portion of Revenue derived from the Alcoholic Liquors Tax and Cable Television Fees, must be
17 expended to cover appropriations herein made for the support of the public school system of the State only, and any amount of such
18 appropriations in excess of these revenues shall be paid from other General Fund Revenues. Appropriations in this Act for the support of
19 the public school system shall include the following:
20 Department of Education;
21 State Board for Technical and Comprehensive Education;
22 Educational Television Commission;
23 Wil Lou Gray Opportunity School;
24 School for the Deaf and the Blind;
25 John de la Howe School;
26 Debt Service on Capital Improvement Bonds Applicable to
27 Above Agencies;
28 Debt Service on School Bonds.
29 Other School Purposes.
30 72.2. (GP: Use of Funds) It is the intent of the General Assembly to appropriate all State funds and to authorize and/or appropriate
31 the use of all Federal and other funds for the operations of State agencies and institutions for the current fiscal year. Transfers of funds
32 may be approved by the Budget and Control Board under its authority or by the agency as set forth herein in Section 72.14. Any agency
33 which requests or transfers personal service funds must indicate on the transfer document whether or not a reduction in force is involved.
34 To the extent practicable, all agencies and institutions having Federal or other funds available for the financing of their operation shall
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 495
1 expend such funds in accordance with the intent of this Act. The authorization to spend Federal and other funds shall be decreased to the
2 extent that receipts from these sources do not meet the estimates as reflected in each Section of this Act; and any increase shall be
3 authorized through the review process as set forth in Act 651 of 1978 as amended.
4 72.3. (GP: Appropriations From Funds) Subject to the terms and conditions of this act, the sums of money set forth in this Part, if
5 so much is necessary, are appropriated from the general fund of the state, the education improvement act fund, the highways and public
6 transportation fund, and other applicable funds, to meet the ordinary expenses of the state government for Fiscal Year 1997-98, 1998-99,
7 and for other purposes specifically designated.
8 72.4. (GP: Fiscal Year Definitions) For purposes of the appropriations made by this Part, "current fiscal year" means the fiscal year
9 beginning July 1, 1997, 1998, and ending June 30, 1998, 1999, and "prior fiscal year" means the fiscal year beginning July 1, 1996,
10 1997, and ending June 30, 1997 1998.
11 72.5. (GP: Descriptive Proviso Titles) Descriptive proviso titles listed in this Act are for purposes of identification only and are not
12 to be considered part of the official text.
13 72.6. (GP: Judicial & Involuntary Commitment, Defense of Indigents) It is the responsibility of all agencies, departments and
14 institutions of state government, to provide at no cost and as a part of the regular services of the agency, department or institutions such
15 services as are necessary to carry out the provisions of Chapter 52 of Title 44 (Involuntary Commitment), Article 7, Chapter 17 of Title 44
16 of the 1976 Code (Judicial Commitment), Chapter 3 of Title 17 of the 1976 Code (Defense of Indigents), and Article 1 of Chapter 3 of
17 Title 16 of the 1976 Code (Death Penalty), as amended, upon request of the Judicial Department and/or the appropriate court. To this end,
18 state agencies are directed to furnish to the Judicial Department a list of their employees who are competent to serve as court examiners.
19 The Judicial Department shall forward a copy of this list to the appropriate courts, and the courts shall utilize the services of such state
20 employees whenever feasible. State employees shall receive no additional compensation for performing such services. For the purpose of
21 interpreting this section, employees of the Medical University of South Carolina and individuals serving an internship or residency as an
22 academic requirement or employees who are not full-time state employees and who are not performing duties as state employees are not
23 considered state employees.
24 72.7. (GP: Case Service Billing Payments Prior Year) Notwithstanding any other provision of law, agencies appropriated case
25 services funds who routinely receive prior year case service billings after the old fiscal year has been officially closed are authorized to pay
26 these case service obligations with current funds. This authorization does not apply to billings on hand that have been through a timely
27 agency payment approval process when the old fiscal year closes.
28 72.8. (GP: Credit Cards for Goods & Services) Notwithstanding any other provision of law, the State Treasurer may enter into
29 contracts whereby the agency or institution may accept credit cards as payment for goods or services provided.
30 72.9. (GP: Warrant Requisitions, Deposits) The expenditure of money appropriated in this Act shall be by warrant requisitions
31 directed to the Comptroller General. Upon receipt of the requisition, accompanied by invoices or other satisfactory evidence of the
32 propriety of the payment, and itemized according to standard budget classifications, the Comptroller General shall issue his warrant on the
33 State Treasurer to the payee designated in the requisition. No requisitions for warrants shall be processed for any amounts less than one
34 dollar. Upon approval and designation by the State Budget and Control Board, state institutions may requisition funds in favor of their
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 496
1 own treasurer, itemized only to the extent of the purpose of the appropriation as expressed in this Act, and may deposit such funds in the
2 name of the institution, in such bank or banking institutions as shall be designated by the State Treasurer, and disburse same by check to
3 meet the purposes of the appropriation, but strict account shall be kept of all such expenditures according to standard budget
4 classifications. All money shall be drawn only when actually owing and due. The Comptroller General shall establish rules and regulations
5 for the uniform reimbursement, remittance and transfers of funds to the General Fund of the State required by law.
6 72.10. (GP: Federal Program Expenses, Lag Time) After July 1, of the current fiscal year, the Department of Health and
7 Environmental Control, Department of Mental Health, Department of Disabilities & Special Needs, Department of Social Services,
8 Department of Health and Human Services, Division on Aging, Division of Foster Care, Department of Corrections, and Department of
9 Juvenile Justice may expend if necessary, state appropriated funds for the current fiscal year to cover fourth quarter Federal Programs
10 expenses incurred in the prior fiscal year necessitated by the time lag of federal reimbursement.
11 72.11. (GP: Federal Funds, Donations, Deposited in State Treasury) All Federal Funds received shall be deposited in the State
12 Treasury, if not in conflict with Federal regulations, and withdrawn therefrom as needed, in the same manner as that provided for the
13 disbursement of state funds. If it shall be determined that federal funds are not available for, or cannot be appropriately used in connection
14 with, all or any part of any activity or program for which state funds are specifically appropriated in this Act to match Federal funds, the
15 appropriated funds may not be expended and shall be returned to the General Fund, except upon specific written approval of the Budget
16 and Control Board. Donations or contributions from sources other than the Federal Government, for use by any state agency, shall be
17 deposited in the State Treasury, but in special accounts, and shall be withdrawn from the treasury as needed to fulfill the purposes and
18 conditions of the said donations, or contributions, if specified, and, if not specified, as may be directed by the proper authorities of the
19 department. The expenditure of funds by agencies of the State Government from sources other than General Fund appropriations shall be
20 subject to the same limitations and provisions of law applicable to the expenditure of appropriated funds with respect to salaries, wages or
21 other compensation, travel expense, and other allowance or benefits for employees.
22 72.12. (GP: Fee Increases) (A) No state agency, department, board, committee, commission, or authority, may increase an existing
23 fee for performing any duty, responsibility, or function unless the fee for performing the particular duty, responsibility, or function is
24 authorized by statutory law and set by regulation except as provided in this paragraph.
25 (B) This paragraph does not apply to:
26 (1) state-supported governmental health care facilities;
27 (2) state-supported schools, colleges, and universities;
28 (3) educational, entertainment, recreational, cultural, and training programs;
29 (4) the State Board of Financial Institutions;
30 (5) sales by state agencies of goods or tangible products produced for or by these agencies;
31 (6) charges by state agencies for room and board provided on state-owned property;
32 (7) application fees for recreational activities sponsored by state agencies and conducted on a draw or lottery basis;
33 (8) court fees or fines levied in a judicial or adjudicatory proceeding;
34 (9) the South Carolina Public Service Authority or the South Carolina Ports Authority.
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 497
1 (C) This paragraph does not prohibit a state agency, department, board, committee, or commission from increasing fees for services
2 provided to other state agencies, departments, boards, committees, commissions, political subdivisions, or fees for health care and
3 laboratory services regardless of whether the fee is set by statute.
4 (D) Statutory law for purposes of this paragraph does not include regulations promulgated pursuant to the State Administrative
5 Procedures Act.
6 72.13. (GP: State Institutions - Revenues & Income) The University of South Carolina, Clemson University, the Medical University
7 of S. C. (including the Medical University Hospital), The Citadel, Winthrop University, S. C. State University, Francis Marion University,
8 University of Charleston, Lander University and the Wil Lou Gray Opportunity School shall remit all revenues and income, collected at the
9 respective institutions, to the State Treasurer according to the terms of Section 72.1 of this Act, but all such revenues or income so
10 collected, except fees received as regular term tuition, matriculation, and registration, shall be carried in a special continuing account by the
11 State Treasurer, to the credit of the respective institutions, and may be requisitioned by said institutions, in the manner prescribed in
12 Section 72.9 of this Act, and expended to fulfill the purpose for which such fees or income were levied, but no part of such income shall be
13 used for permanent improvements without the express written approval of the State Budget and Control Board and the Joint Legislative
14 Capital Bond Review Committee; and it is further required that no such fee or income shall be charged in excess of the amount that is
15 necessary to supply the service, or fulfill the purpose for which such fee or income was charged. Notwithstanding other provisions of this
16 act, funds at State Institutions of Higher Learning derived wholly from athletic or other student contests, from the activities of student
17 organizations, and from the operations of canteens and bookstores, and from approved Private Practice plans at institutions and affiliated
18 agencies may be retained at the institution and expended by the respective institutions only in accord with policies established by the
19 institution's Board of Trustees. Such funds shall be audited annually by the State but the provisions of this Act concerning unclassified
20 personnel compensation, travel, equipment purchases and other purchasing regulations shall not apply to the use of these funds.
21 72.14. (GP: Transfers of Appropriations) Agencies and institutions shall be authorized to transfer appropriations within programs
22 and within the agency with notification to the Division of Budget and Analyses and Comptroller General. No such transfer may exceed
23 twenty percent of the program budget. Upon request, details of such transfers may be provided to members of the General Assembly on an
24 agency by agency basis. Transfers of appropriations from personal service accounts to other operating accounts or from other operating
25 accounts to personal service accounts may be restricted to any established standard level set by the Budget and Control Board upon formal
26 approval by a majority of the members of the Budget and Control Board.
27 72.15. (GP: Bank Procedures - State Treasury A Bank) In any instances where Federal laws or regulations, relating to funds allotted
28 to State Government agencies, include requirements relating to banking procedures, the State Treasury shall be deemed to meet the
29 definition of a bank.
30 72.16. (GP: Federal Funds - DHEC, DSS, DHHS, Aging - Disallowances) Amounts appropriated to the Department of Health and
31 Environmental Control, Department of Social Services, Department of Health and Human Services, and Division on Aging may be
32 expended to cover program operations of prior fiscal years where adjustment of such prior years are necessary under federal regulations or
33 audit exceptions. All disallowances or notices of disallowances by any federal agency of any costs claimed by these agencies shall be
34 submitted to the State Auditor, the Senate Finance Committee and the House Ways and Means Committee, within five days of receipt of
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 498
1 such actions.
2 72.17. (GP: Family Foster Care Payments) The Department of Disabilities & Special Needs, Department of Social Services, and
3 Department of Juvenile Justice shall furnish as Family Foster Care payments for individual foster children under their sponsorship:
4 ages 0 - 5 $212 per month
5 ages 6 - 12 $239 per month
6 ages 13 + $305 per month
7 These specified amounts are for the basic needs of the foster children. Basic needs within this proviso are identified as food (at home and
8 away), clothing, housing, transportation, education and other costs as defined in the U.S. Department of Agriculture study of "Annual Cost
9 of Raising a Child to Age Eighteen". Further, each agency shall identify and justify, as another line item, all material and/or services, in
10 excess of those basic needs listed above, which were a direct result of a professional agency evaluation of clientele need. Legitimate
11 medical care in excess of Medicaid reimbursement or such care not recognized by Medicaid may be considered as special needs if approved
12 by the sponsoring/responsible agency and shall be reimbursed by the sponsoring agency in the same manner of reimbursing other special
13 needs of foster children.
14 72.18. (GP: Fixed Student Fees) During the current fiscal year, student fees at the State institutions of higher learning shall be fixed
15 by the respective Boards of Trustees as follows:
16 (1) Fees applicable to student housing, dining halls, student health service, parking facility, laundries and all other personal
17 subsistence expenses shall be sufficient to fully cover the total direct operating and capital expenses of providing such facilities and
18 services over their expected useful life except those operating or capital expenses related to the removal of asbestos.
19 (2) Student Activity Fees may be fixed at such rates as the respective Boards shall deem reasonable and necessary.
20 72.19. (GP: Tech Educ. Colleges Student Activity Fees) Notwithstanding any other provisions of this Act, funds at Technical
21 Education Colleges derived wholly from the activities of student organizations and from the operations of canteens and bookstores may be
22 retained by the college and expended only in accord with policies established by the respective college's Area Commission and approved by
23 the State Board for Technical and Comprehensive Education.
24 72.20. (GP: Educational Fee Waivers) Senior colleges, universities and technical colleges may offer educational fee waivers to no
25 more than two percent of the undergraduate student body.
26 72.21. (GP: Human Services Coordinating Council) The General Assembly finds that the operation of health and human services
27 may be enhanced by closer working relationships among agencies at the state and local level. The General Assembly finds that
28 coordination at both levels provides opportunities to serve the citizens of South Carolina better through (1) continued expansion of services
29 integration and (2) stronger communication among agencies delivering services.
30 In order to assist in, recommend, develop policy for, and supervise the expenditure of funds for the continuation of service integration in
31 South Carolina, there is created a Human Services Coordinating Council, hereinafter, entitled the Council. The Council shall consist of:
32 (1) The Director or Chief Executive Officer of each of the following: Division on Aging, Department of Alcohol and Other Drug
33 Abuse Services, Commission for the Blind, Division for the Review of Foster Care of Children, Department of Education, Department of
34 Health and Environmental Control, Department of Health and Human Services, Department of Juvenile Justice, Division of Veterans'
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 499
1 Affairs, John De La Howe School, Department of Mental Health, Department of Disabilities and Special Needs, School for the Deaf and
2 the Blind, Department of Social Services, Department of Vocational Rehabilitation, Guardian ad Litem Program, Division of Continuum of
3 Care, Educational Television, Wil Lou Gray Opportunity School, Department of Corrections, Probation, Parole and Pardon Services and
4 the State Housing Finance and Development Authority.
5 (2) The Governor or his designee.
6 (3) Other such members as the Council shall deem appropriate.
7 The Council shall:
8 (1) Select a Director or Chief Executive Officer on an annual basis to serve as the Council Chairperson. The Council
9 Chairperson shall be elected at the first quarterly meeting of the Council at the beginning of each new state fiscal year. Nominees for this
10 office must be members of the Council. The Chairperson of the Council can succeed himself in that specific position no more than three
11 times. In the event that this office becomes vacant, the Executive Committee of the Council shall appoint a member of the Council to fill
12 the unexpired term of the office.
13 (2) Meet regularly to provide an opportunity for collaboration and cooperation among member agencies.
14 The Council shall have as its goals:
15 (1) Identify and address priority health and human needs and promote the availability of responsive resources.
16 (2) Promote cost-effective, efficient approaches for the delivery of health and human services which include prevention, education,
17 reduction of dependency, promotion of self-sufficiency and delivery of services in the least restrictive, most appropriate community-based
18 and institutional settings.
19 (3) Provide coordination between the Council members and the Office of the Governor in the development of the comprehensive
20 State Health and Human Services Plan.
21 (4) In cooperation with the Department of Health and Human Services, coordinate and oversee efforts to integrate services
22 information among state agencies and between state and local agencies.
23 (5) Review and monitor service integration efforts begun by the Human Services Integration Projects, and including:
24 (a) Developing standards for case management activities and coordinating with local entities on service integration efforts, and
25 (b) Receiving requests for funding of projects designed to further integration of services, including review and approval of such
26 projects.
27 Member agencies and departments of the Council shall collect and provide client information, including Social Security Number, for the
28 Client Masterfile System, and for development and use of a uniform client application database for statistical purposes and for improving
29 human services delivery systems for South Carolinians. For purposes of this sub-section, the State, rather than an individual agency, will
30 be the owner of the data. All individual client information submitted by participating agencies or departments will be regarded as
31 confidential; the information collected may not be released, under any circumstances, to entities or individuals outside the Client Masterfile
32 System, State Data Oversight Council, or client application database unless release is made of aggregate statistical information so that no
33 individual client may be identified. No data submitted may be released by the Client Masterfile System except in a format approved by the
34 Council. For the purposes of this sub-section only, all State laws, regulations, or any rule of any State agency, department, board, or
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 500
1 commission having the effect or force of law that prohibits or is inconsistent with any provision of this sub-section is hereby declared
2 inapplicable to this sub-section. Each member agency or department of the Council shall be required to take all steps reasonably necessary
3 to effectuate the waiver of federal rules, regulations, or statutes or the elimination of other factors that interfere with collection or use of
4 data by the Client Masterfile System or client application database. Those steps shall include but not be limited to, the seeking of federal
5 legislation, the negotiation of agreements between the Council or State and any federal agency or board, the application for the waiver of
6 any federal rule, regulation or statute, and the seeking of client's permission to share data. The Human Services Coordinating Council shall
7 assume the duties and responsibilities of the Aging Coordinating Council and the Long Term Care Council as specified in Sections 43-21-
8 120 through 43-21-140. The Council shall establish a long term care standing committee and include on the committee a representative of
9 the long term care industry, a representative of the insurance industry, and a representative of the general public.
10 72.22. (GP: Employer Contributions Cost of Agencies) It is the intent of the General Assembly that the amount so provided to each
11 agency or institution for employee benefits shall be sufficient to pay the employer contribution costs of that agency. The Budget and
12 Control Board is directed to devise a plan for the expenditure of the funds appropriated for employer contributions and may require
13 transfers of funds within an agency or institution if it becomes evident that the employer contribution costs will exceed the funds available
14 for that purpose.
15 72.23. (GP: Dual Employment) Any employee who is approved for dual employment must be paid in a timely manner. The secondary
16 agency is required to make payment of funds approved for and earned under dual employment within forty-five days of the beginning of the
17 employment.
18 72.24. (GP: Payroll Schedule & Compensation Restrictions) Except as otherwise provided in this Act, all appropriations for
19 compensation of State Employees shall be paid in twice-monthly installments to the person holding such position. In order to provide a
20 regular and permanent schedule for payment of employees, it is hereby established that the payroll period shall begin on June 2, of the prior
21 fiscal year with the first pay period ending on June 16, of the prior fiscal year. The payroll period shall continue thereafter on a twice-
22 monthly schedule as established by the Budget and Control Board. It is the intent of the General Assembly that this schedule, thus
23 established, will continue from one fiscal year to another without interruption, on a twice monthly basis. The Budget and Control Board is
24 authorized to approve any changes to this schedule where circumstances are deemed justifiable.
25 The appropriated salaries for specified positions shall mean the maximum compensation for such position, except as specifically
26 provided in other provisions of this act, and in any case where the head of any department can secure the services for a particular position
27 or work at a lower rate than the salary specified in this Act, authority for so doing is hereby given.
28 No employee of any state department or institution shall be paid any compensation from any other department of the state government
29 except those approved under the provisions of Regulation 19-702.09 of the 1976 Code, as amended, and no employee of any department or
30 institution shall be paid travel expenses by any other department or institution without approval of the agency by which he is regularly
31 employed. The Comptroller General shall report, after June thirtieth of each year, to the Senate Finance Committee and the House Ways
32 and Means Committee the names of all employees receiving dual compensation and the amounts received.
33 The provisions of Regulation 19-707.02 and Section 8-5-10 of the 1976 Code, as amended, shall not apply to employees hired for 120
34 days or less.
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 501
1 72.25. (GP: Discrimination Policy) It is the policy of the State of South Carolina to recruit, hire, train, and promote employees without
2 discrimination because of race, color, sex, national origin, age, religion or physical disability. This policy is to apply to all levels and
3 phases of personnel within state government, including but not limited to recruiting, hiring, compensation, benefits, promotions, transfers,
4 layoffs, recalls from layoffs, and educational, social, or recreational programs. It is the policy of the State to take affirmative action to
5 remove the disparate effects of past discrimination, if any, because of race, color, sex, national origin, age, religion or physical disability.
6 Each state agency shall submit to the State Human Affairs Commission employment and filled vacancy data by race and sex by October
7 31, of each year.
8 In accordance with Section 1-13-110 of the South Carolina Code of Laws of 1976, as amended, the Human Affairs Commission shall
9 submit a report on the status of State Agencies' Affirmative Action Plans and Programs to the General Assembly by February 1 each year.
10 This report shall contain the total number of persons employed in each job group, by race and sex, at the end of the preceding reporting
11 period, a breakdown by race and sex of those hired or promoted from within the agency during the reporting period, and an indication of
12 whether affirmative action goals were achieved. For each job group referenced in the Human Affairs report, where the hiring of personnel
13 does not reflect the percentage goals established in the agency's affirmative action plan for the year in question, the State agency shall
14 submit a detailed explanation to the Human Affairs Commission by February 15, explaining why goals were not achieved.
15 The Human Affairs Commission shall review the explanations and notify the Budget and Control Board of any agency not in
16 satisfactory compliance with meeting its stated goals.
17 The Budget and Control Board shall notify any agency not in compliance that their request for additional appropriations for the current
18 appropriation cycle, may not be processed until such time as the Budget and Control Board, after consultation with the Human Affairs
19 Commission, is satisfied that the agency is making a good faith effort to comply with its affirmative action plan, and that the compliance
20 must be accomplished within a reasonable length of time to be determined by the mission and circumstances of the agency. This
21 requirement shall not affect additional appropriation requests for public assistance payments or aid to entities. This section does not apply
22 to those agencies that have been exempted from the reporting requirements of the Human Affairs Commission.
23 72.26. (GP: Residency Preference) Notwithstanding any other provision of law, when a vacancy occurs in a state agency, other than
24 institutions of higher education, or when an agency acts to fill a new position, the agency shall give preference to residents of this State, if
25 the two are equally qualified for the vacancy or new position.
26 72.27. (GP: Temporary Grant Funded or Time Limited Funded Positions) Notwithstanding any other provision of law or this Act,
27 state agencies and institutions may, at their discretion, hire employees to fill temporary grant positions specified in federal grants, public
28 charity grants, private foundation grants, research grants and positions with time limited funding approved or authorized by the appropriate
29 state authority in accordance with the following provisions:
30 A. Only those funds authorized within the approved federal grant, public charity grant, private foundation grant, research grant, or time
31 limited funds for a specified project can be used to pay the salaries and/or benefits of temporary employees hired under this provision.
32 B. Temporary grant or time limited positions, employees, and the conditions of their employment shall be reported in accordance with
33 provisions developed by the Division of Budget and Analyses of the Budget and Control Board.
34 C. Positions established under this provision must be limited to and must not exist beyond the duration of the time limited project or
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 502
1 grant or any subsequent renewal of it. When the grant, time limited project or any subsequent renewal ends, temporary grant or time
2 limited project employees must be terminated and their positions will cease to exist. Temporary grant or time limited project employees
3 will be exempt from the provisions of Sections 8-17-310 through 8-17-380 of the 1976 Code, as amended. State agencies and institutions
4 must terminate all temporary grant or time limited project positions at any time funding is terminated or is insufficient to continue
5 payments under the conditions of the grant or time limited project.
6 D. Temporary grant or time limited project employees may be eligible for the same benefits, excluding permanent or probationary
7 employment status, available to permanent state employees provided that such funds are available within the grant or time limited project.
8 E. Temporary grant or time limited project employees shall be deemed to be employed at will. The temporary grant or time limited
9 project employee shall not be entitled to any compensation beyond the date of termination, other than for such part of the grant or time
10 limited project that has been performed.
11 F. Discretionary determinations by a state agency or institution as to whether to hire an employee pursuant to this proviso are final and
12 not subject to administrative or judicial appeal.
13 72.28. (GP: Personal Service Reconciliation, FTEs) The General Assembly expresses its continuing concern over the control of the
14 number of personnel employed by the State of South Carolina. This concern is evidenced in the 1980 Public Employment Report of the
15 United States Bureau of Census. It is further declared to be the intent of the General Assembly to continue to take positive steps to reduce
16 the number of personnel employed in the future, without unduly hampering the legitimate functions of state government.
17 In order to obtain the necessary control over the number of employees, the Budget and Control Board is hereby directed to maintain
18 close supervision over the number of state employees, and to require specifically the following:
19 1. That no state agency exceed the total authorized number of full-time equivalent positions and those funded from State sources as
20 provided in each section of this Act except by majority vote of the Budget and Control Board.
21 2. That the Division of Budget and Analyses shall maintain and make, as necessary, periodic adjustments thereto, an official record of
22 the total number of authorized full-time equivalent positions by agency for State and Total funding sources.
23 (a) That within thirty (30) days of the passage of the Appropriation Act or by August 1, whichever comes later, each agency of the
24 State must have established on the Budget and Control Board records all positions authorized in the Act. After that date, the Board shall
25 delete any non-established positions immediately from the official record of authorized full-time equivalent positions. No positions shall
26 be established by the Board in excess of the total number authorized in the Board record of authorized full-time equivalent positions. Each
27 agency may, upon notification to the Budget and Control Board, change the funding source of State FTE positions established on the
28 Budget and Control Board records as necessary to expend federal and other sources of personal service funds in an effort to conserve or
29 stay within the state appropriated personal service funds. Each agency may, upon notification to the Budget and Control Board, transfer
30 FTEs between programs as needed to accomplish the agency mission. No agency shall change funding sources that will cause the agency
31 to exceed the authorized number of state or total full-time equivalent positions.
32 (b) By September 30, the Board shall prepare a personal service detail, by agency, which shows each position established for the
33 fiscal year and the amount of funds required, by source of funds, to support the position for the fiscal year at a funding level of 100% and
34 the Board shall then reconcile each agency's personal service detail with the agency's personal service appropriation as contained in the Act
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 503
1 adjusted for any pay increases, and any other factors necessary to reflect the agency's personal service funding level. The Board shall
2 provide a copy of each agency's personal service reconciliation to the Senate Finance and House Ways and Means Committees.
3 (c) Any position which is shown by the reconciliation to be unfunded or significantly underfunded may be deleted at the direction of
4 the Budget and Control Board .
5 (d) Full-time equivalent (FTE) positions shall be determined under the following guidelines:
6 1. The annual work hours for each FTE shall be the agency's full-time standard annual work hours.
7 2. The State FTE shall be derived by multiplying the state percentage of budgeted funds for each position by the FTE for that
8 position.
9 3. All institutions of higher education shall use a value of 0.75 FTE for each position determined to be full-time faculty with a
10 duration of nine (9) months.
11 The FTE method of accounting shall be utilized for all authorized positions.
12 3. That the number of positions authorized in this Act shall be reduced in the following circumstances:
13 (a) Upon request by an agency.
14 (b) When anticipated federal funds are not made available.
15 (c) When the Budget and Control Board, through study or analysis, becomes aware of any unjustifiable excess of positions in any
16 state agency.
17 4. The Budget and Control Board shall annually reconcile personal service funds with full-time employee count to determine unfunded
18 positions which will be eliminated no later than January 15 of the current fiscal year unless specifically exempted elsewhere in this act or
19 by the State Budget and Control Board. The State Budget and Control Board must report the full-time employee count and unfunded
20 position status to the Senate Finance Committee and the Ways and Means Committee by February 1 of the current fiscal year.
21 5. That no new permanent positions in state government shall be funded by appropriations in acts supplemental to this Act but
22 temporary positions may be so funded.
23 6. The provisions of this section shall not apply to personnel exempt from the State Classification and Compensation Plan under Item I
24 of Section 8-11-260 of the 1976 Code.
25 The Governor, in making his appropriation recommendations to the Ways and Means Committee, must provide that the level of
26 personal service appropriation recommended for each agency is at least 97% of the funds required to meet 100% of the funds needed for
27 the full-time equivalents positions recommended by the Governor (exclusive of new positions).
28 72.29. (GP: Allowance for Residences & Compensation Restrictions) That salaries paid to officers and employees of the State,
29 including its several boards, commissions, and institutions shall be in full for all services rendered, and no perquisites of office or of
30 employment shall be allowed in addition thereto, but such perquisites, commodities, services or other benefits shall be charged for at the
31 prevailing local value and without the purpose or effect of increasing the compensation of said officer or employee. The charge for these
32 items may be payroll deducted at the discretion of the Comptroller General or the chief financial officer at each agency maintaining its own
33 payroll system. This shall not apply to the Governor's Mansion, nor for department-owned housing used for recruitment and training of
34 Mental Health Professionals, nor to guards at any of the State's penal institutions and nurses and attendants at the Department of Mental
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 504
1 Health, and the Department of Disabilities & Special Needs, and registered nurses providing clinical care at the MUSC Medical Center, nor
2 to the Superintendent and staff of John de la Howe School, nor to the cottage parents and staff of Wil Lou Gray Opportunity School, nor to
3 full-time or part-time staff who work after regular working hours in the SLED Communications Center or Maintenance Area, nor to the
4 Directors of John G. Richards Campus, Willow Lane Campus, and the Reception and Evaluation Center at the Department of Juvenile
5 Justice nor to the Residence Dormitory Director and the Assistant Residence Director at the Governor's School for Science and
6 Mathematics. The Presidents of those State institutions of higher learning authorized to provide on-campus residential facilities for
7 students may be permitted to occupy residences on the grounds of such institutions without charge.
8 Any state institution of higher learning may provide a housing allowance to the President in lieu of a residential facility, the amount to
9 be approved by the Budget and Control Board.
10 That the following may be permitted to occupy residences owned by the respective Departments without charge: the Commissioner of
11 the Department of Corrections, the Director of the Department of Mental Health, the Farm Director, Farm Managers, and Specialists
12 employed at the Wateree River Correctional Institution, Walden Correctional Institution, MacDougall Youth Correctional Center, and
13 Givens Youth Correctional Center; the S. C. State Commission of Forestry fire tower operators, forestry aides, and caretaker at central
14 headquarters; the Department of Natural Resources' Game Management Personnel, Fish Hatchery Superintendents, Lake Superintendent,
15 and Fort Johnson Superintendent; the Department of Parks, Recreation and Tourism field personnel in the State Parks Division; the
16 Agricultural Aide at the Department of Juvenile Justice Farm; Director of Wil Lou Gray Opportunity School; President of the School for
17 the Deaf and the Blind; houseparents for the Commission for the Blind; S.C. Department of Health and Environmental Control personnel
18 at the State Park Health Facility and Camp Burnt Gin; Assistant Director of Residence Life and a student counselor at Lander University;
19 Clemson University's Head Football Coach; the Department of Disabilities & Special Needs' physicians and other professionals at Whitten
20 Center, Clemson University Off-Campus Agricultural Staff and Housing Area Coordinators; and University of South Carolina's Manager
21 of Bell Camp Facility, Housing Maintenance Night Supervisors, Residence Life Directors, temporary and transition employees, and
22 emergency medical personnel. Except in the case of elected officials, the fair market rental value of any residence furnished to a State
23 Employee shall be reported by the State Agency furnishing the residence to the Agency Head Salary Commission, and the Division of
24 Budget and Analyses by October 1, of each fiscal year.
25 All salaries paid by departments and institutions shall be in accord with a uniform classification and compensation plan, approved by
26 the Budget and Control Board, applicable to all personnel of the State Government whose compensation is not specifically fixed in this act.
27 Such plan shall include all employees regardless of the source of funds from which payment for personal service is drawn. The Division of
28 Budget and Analyses of the Budget and Control Board is authorized to approve temporary salary adjustments for classified and
29 unclassified employees who perform temporary duties which are limited by time and/or funds. When approved, a temporary salary
30 adjustment shall not be added to an employee's base salary and shall end when the duties are completed and/or the funds expire. Academic
31 personnel of the institutions of higher learning and other individual or group of positions that cannot practically be covered by the plan may
32 be excluded therefrom but their compensations as approved by the Division of Budget and Analyses shall, nevertheless, be subject to
33 review by the Budget and Control Board. Salary appropriations for employees fixed in this Act shall be in full for all services rendered,
34 and no supplements from other sources shall be permitted or approved by the State Budget and Control Board. With the exception of
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 505
1 travel and subsistence, legislative study committees shall not compensate any person who is otherwise employed as a full-time state
2 employee. Salaries of the heads of all agencies of the State Government shall be specifically fixed in this Act and no salary shall be paid
3 any agency head whose salary is not so fixed. Commuter mileage on non-exempt state vehicles shall be considered as income and reported
4 by the Comptroller General in accordance with IRS regulations. As long as there is no impact on appropriated funds, state agencies and
5 institutions shall be allowed to spend public funds and/or other funds for designated employee award programs which shall have written
6 criteria approved by the agency governing board or commission. For purposes of this section, monetary awards, if any, shall not be
7 considered a part of an employee's base salary, a salary supplement, or a perquisite of employment. The names of all employees receiving
8 monetary awards and the amounts received shall be reported annually to the South Carolina Division of Budget and Analyses.
9 In the case of lodging furnished by certain higher education institutions to employees, the prevailing local rate does not apply if the
10 institution meets the exceptions for inadequate rent described in the current Internal Revenue Code Section 119(d)(2). To meet the
11 exception, rental rates must equal the lesser of five percent of the appraised value of the qualified campus lodging, or the average of the
12 rentals paid by individuals (other than employees or students of the educational institution) during the calendar year for lodging provided
13 by the educational institution which is comparable to the qualified campus lodging provided to the employee, over the rent paid by the
14 employee for the qualified campus lodging during the calendar year. The appraised value shall be determined as of the close of the
15 calendar year in which the taxable year begins, or, in the case of a rental period not greater than one year, at any time during the calendar
16 year in which the period begins.
17 72.30. (GP: MUSC Hospital Services Rates) The Board of the Medical University of South Carolina shall provide hospital services to
18 state employees and officials of state government at a rate not to exceed the payment rates to hospitals provided by the employee's
19 insurance program(s). Private physician fees, psychiatry, and all dental are not included.
20 72.31. (GP: Universities & Colleges - Allowance for Presidents) Presidents of the University of South Carolina, Clemson University,
21 the Medical University of South Carolina, The Citadel, Winthrop University, South Carolina State University, Francis Marion University,
22 University of Charleston, and Lander University must not be paid a fixed allowance for personal expenses incurred in connection with the
23 performance of their official duties. Reimbursements may be made to the Presidents from funds available to their respective institutions
24 for any personal expenses incurred provided that all requests for reimbursement are supported by properly documented vouchers processed
25 through the normal accounting procedures of the institutions.
26 72.32. (GP: Replacement of Personal Property) The Department of Juvenile Justice, Department of Corrections, Probation, Parole and
27 Pardon Services, Department of Mental Health, Department of Disabilities & Special Needs, Continuum of Care, Department of Social
28 Services and School for the Deaf and the Blind may replace the personal property of an employee which has been damaged or destroyed by
29 a client while in custody of the agency. The replacement of personal property may be made only if the loss has resulted from actions by the
30 employee deemed to be appropriate and in the line of duty by the agency head and if the damaged or destroyed item is found by the agency
31 head to be reasonable in value, and necessary for the employee to carry out the functions and duties of his employment. Replacement of
32 damaged or destroyed items shall not exceed $250 per item, per incident. Each agency must have guidelines to insure the reasonableness
33 of the replacement payments.
34 72.33. (GP: Law Enforcement Officer Retiree Weapon Purchase) All state employees, who are commissioned law enforcement officers
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 506
1 upon retirement, if vested, may purchase their assigned weapon at a reasonable fee.
2 72.34. (GP: Business Expense Reimbursement) Agency heads and Deputy Commissioners or Deputy Directors designated by Agency
3 heads may receive reimbursements for business expenses incurred while performing their official duties, provided that receipts are
4 presented when seeking reimbursement and justification is submitted to document the time, place, and purpose of the expense as well as the
5 names of the individuals involved. The Budget and Control Board shall promulgate regulations governing these expenses.
6 72.35. (GP: Per Diem) The per diem allowance of all boards, commissions and committees shall be at the rate of Thirty-five ($35)
7 Dollars per day. No full-time officer or employee of the State shall draw any per diem allowance for service on such boards, commissions
8 or committees.
9 72.36. (GP: Travel Spouse of Governor & Lt. Governor) Notwithstanding any other provision of law, the spouses of the Governor and
10 the Lieutenant Governor of the State are authorized to receive reimbursement of actual expenses when accompanying the Governor or the
11 Lieutenant Governor on official state business.
12 72.37. (GP: Travel - Subsistence Expenses & Mileage) Travel and subsistence expenses, whether paid from State appropriated,
13 Federal, local or other funds, shall be allowed in accordance with the following provisions:
14 A. Unless otherwise provided in paragraphs B through H of this section, all employees of the State of South Carolina or any agency
15 thereof including employees and members of the governing bodies of each technical education center while traveling on the business of the
16 State shall, upon presentation of a paid receipt, be allowed reimbursement for actual expenses incurred for lodging. Agencies may contract
17 with lodging facilities to pay on behalf of an employee. Failure to maintain proper control of direct payments for lodging may result in the
18 revocation of the agency's authority by the Comptroller General or the State Auditor. The employee shall also be reimbursed for the actual
19 expenses incurred in the obtaining of meals except that such costs shall not exceed ($25) per day within the State of South Carolina. For
20 travel outside of South Carolina the maximum daily reimbursement for meals shall not exceed ($32). Agencies may contract with food or
21 dining facilities to pay for meals on behalf of employees in accordance with rules and regulations established by the Budget and Control
22 Board. It shall be the responsibility of the agency head to monitor the charges for lodging which might be claimed by his employees in
23 order to determine that such charges are reasonable, taking into consideration location, purpose of travel or other extenuating
24 circumstances. The provisions of this item shall not apply to Section 42-3-40 of the 1976 Code.
25 B. That employees of the State, when traveling outside the United States, Canada, and Puerto Rico upon promotional business for
26 the State of South Carolina shall be entitled to actual expenses for both food and lodging.
27 C. The Governor, Lieutenant Governor, Secretary of State, Comptroller General, Attorney General, State Treasurer, Adjutant
28 General, Superintendent of Education and the Commissioner of Agriculture shall be reimbursed actual expenses for subsistence.
29 D. Non-legislative members of committees appointed pursuant to Acts and Resolutions of the General Assembly whose
30 membership consists solely of members of the General Assembly or members of the General Assembly and other personnel who are not
31 employees of the State of South Carolina shall be allowed subsistence expenses of $35 per day while traveling on official business.
32 Members of such committees may opt to receive actual expenses incurred for lodging and actual expenses incurred in the obtaining of
33 meals in lieu of the allowable subsistence expense.
34 E. Members of the State Boards, Commissions, or Committees whose duties are not full-time and who are paid on a per diem basis,
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 507
1 shall be allowed reimbursement for actual expenses incurred at the rates provided in Paragraph A and I of this Section while away from
2 their places of residence on official business of the State. One person accompanying a handicapped member of a State Board,
3 Commission, or Committee on official business of the State shall be allowed the same reimbursement for actual expenses incurred at the
4 rates provided in Paragraph A through I of this Section.
5 F. No subsistence reimbursement shall be allowed to a Justice of the Supreme Court or Judge of the Court of Appeals while
6 traveling in the county of his official residence. When traveling on official business of said court within 50 miles outside the county of his
7 official residence, a Supreme Court Justice and a Judge of the Court of Appeals shall be allowed subsistence expenses in the amount of $35
8 per day plus such mileage allowance for travel as is provided for other employees of the State. When traveling on official business of said
9 Court 50 or more miles outside the county of his official residence, each Justice and Judge of the Court of Appeals shall be allowed
10 subsistence expenses in the amount as provided in this Act for members of the General Assembly plus such mileage allowance for travel as
11 is provided for other employees of the State. The Chief Justice, or such other person as he designates, while attending the Conference of
12 Chief Justices and one member of the Supreme Court while attending the National Convention of Appellate Court Judges, and three Circuit
13 Judges while attending the National Convention of State Trial Judges shall be allowed actual subsistence and travel expenses.
14 Upon approval of the Chief Justice, Supreme Court Justices, Judges of the Court of Appeals, Circuit Judges, and Family Court Judges
15 shall be reimbursed for actual expenses incurred for all other official business requiring out-of-state expenses at the rate provided in
16 paragraph A of this section.
17 G. No subsistence reimbursements are allowed to a Circuit Judge, a Family Court Judge, or an Administrative Law Judge while
18 holding court within the county in which he resides. While holding court or on other official business outside the county, within fifty miles
19 of his residence, a Circuit Court Judge, Family Court Judge, or an Administrative Law Judge is entitled to a subsistence allowance in the
20 amount of $35 per day plus such mileage allowance for travel as is provided for other employees of the State. While holding court or on
21 other official business at a location fifty miles or more from his residence, a Circuit Court, Family Court or Administrative Law Judge is
22 entitled to a subsistence allowance in the amount as provided in this Act for members of the General Assembly plus such mileage
23 allowance for travel as is provided for other employees of the State.
24 H. Any retired Justice, Circuit Court Judge or Family Court Judge or Master-in-Equity appointed by the Supreme Court to serve as
25 a Special Circuit Judge, Family Court Judge, Appeals Court Judge, or Acting Associate Justice shall serve without pay but shall receive the
26 same allowance for subsistence, expenses, and mileage as provided in Part I for Circuit Court Judges.
27 I. No expense shall be allowed an employee either at his place of residence or at the official headquarters of the agency by which he
28 is employed except as provided in paragraph E, of this section. When an employee is assigned to work a particular territory or district, and
29 such territory or district and his official headquarters are in different localities or sections of the State, expenses may be allowed for the
30 necessary travel to his official headquarters. The members of the Workers' Compensation Commission, Public Service Commission and
31 the Employment Security Commission may be reimbursed at the regular mileage rate of one round trip each week from their respective
32 homes to Columbia. No subsistence reimbursement shall be allowed to a member of the Workers' Compensation Commission, Public
33 Service Commission or the Employment Security Commission while traveling in the county of his official residence. When traveling on
34 official business of the Commission within 50 miles outside the county of his official residence, a member of the Workers' Compensation
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 508
1 Commission, Public Service Commission or the Employment Security Commission shall be allowed subsistence expenses in the amount of
2 $35 per day. When traveling on official business of the Commission 50 or more miles outside the county of his official residence, each
3 member shall be allowed a subsistence allowance in the amount as provided in this act for members of the General Assembly. When out-
4 of-state, members of the Workers' Compensation Commission, Public Service Commission and the Employment Security Commission
5 may claim the established amount of per diem, as stated in the General Appropriation Act, or actual expenses as deemed reasonable by the
6 Comptroller General.
7 J. When an employee of the State shall use his or her personal automobile in traveling on necessary official business, a charge of
8 31.5 32.5 cents per mile will be allowed for the use of such automobile and the employee shall bear the expense of supplies and upkeep
9 thereof. Whenever State provided motor pool vehicles are reasonably available and their use is practical and an employee of the State shall
10 request for his own benefit to use his or her personal vehicle in traveling on necessary official business, a charge of 27.5 28.5 cents per
11 mile will be allocated for the use of such vehicle and the employee shall bear the expense of supplies and upkeep thereof. When such travel
12 is by a State-owned automobile, the State shall bear the expense of supplies and upkeep thereof but no mileage will be allowed. Agencies
13 and employees are directed to use State fueling facilities to the maximum extent possible, when such use is cost beneficial to the State.
14 When using commercial fueling facilities, operators of State-owned vehicles are directed to use self-service pumps. In traveling on the
15 business of the State, employees are required to use the most economical mode of transportation, due consideration being given to urgency,
16 schedules and like factors.
17 Mileage between an employee's home and his/her place of employment is not subject to reimbursement. However, when an employee
18 leaves on a business trip directly from his/her home, and does not go by the employee's headquarters, the employee shall be eligible for
19 reimbursement for actual mileage beginning at his/her residence.
20 K. That a State agency may advance travel and subsistence expense monies to employees of that agency for the financing of
21 ordinary and necessary travel required in the conducting of the business of the agency. The Budget and Control Board is directed to
22 develop and publish rules and regulations pertaining to the advancing of travel expenses and no State agency shall make such advances
23 except under the rules and regulations as published. All advances for travel and subsistence monies shall be repaid to the agency within
24 thirty (30) days after the end of the trip or by the end of the fiscal year, whichever comes first.
25 L. That the State institutions of higher learning are authorized to reimburse reasonable relocation expenses for new employees
26 when such reimbursements are considered by the agency head to be essential to successful recruitment of professionally competent staff
27 members.
28 M. The State Budget and Control Board is authorized to promulgate and publish rules and regulations governing travel and
29 subsistence payments.
30 N. No state funds may be used to purchase first class airline tickets.
31 72.38. (GP: Asbestos Litigation Funds) All funds involved in the settlement of asbestos litigation cases, with the exception of those
32 funds involving the University of South Carolina system and Clemson University, must be deposited into an interest bearing account in the
33 State Treasurer's Office entitled "Asbestos Expense Trust Account". The University of South Carolina system and Clemson University
34 must deposit all funds involved in the settlement of asbestos litigation into separate institutional interest bearing accounts entitled
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 509
1 "Asbestos Expense Trust Account", with each institution's name appropriately captioned in their respective accounts, to be maintained in
2 the State Treasurer's Office. These accounts shall only be used for expenses relating to asbestos litigation, asbestos abatement, or other
3 asbestos related expenses or projects. Such projects must be approved by the Budget and Control Board after review by the Joint Bond
4 Review Committee.
5 72.39. (GP: State Port Authority Funds - Rent) Any funds derived by the State Port Authority from the rental, lease or sale of any of its
6 facilities shall be expended for the benefit of the particular Port where such facilities are located.
7 72.40. (GP: Rental Charges, Collections State Offices) Subsection (a). The Budget and Control Board is hereby directed to assess and
8 collect a rental charge from all departments and agencies of the State Government occupying Budget and Control Board space in State-
9 controlled office buildings. The amount charged each department or agency shall be calculated on a square foot, or other equitable basis of
10 measurement, and at such rates as will yield sufficient total annual revenue to cover, unless the Budget and Control Board determines
11 otherwise, in priority order, both (1) the annual principal and interest due or anticipated on the Capital Improvement Obligations
12 authorized by Act No. 829 of the 1964 Acts, Act No. 1273 of the 1970 Acts and Act No. 508 of the 1971 Acts and Act No. 1377 of the
13 1968 Acts as amended for projects administered or planned by the Division Office of General Services, and (2) maintenance and operation
14 costs of State-controlled Budget and Control Board-controlled office buildings in the City of Columbia under the supervision of the
15 Office of General Services. The amount so collected which is applicable to the payment of principal and interest due on obligations
16 authorized by Act 1377 of the 1968 Acts as amended shall be paid into the State's General Fund to apply on debt service appropriations
17 under the Section 67 of this Act shall be deposited in a special account and shall be expended only for payment on Capital
18 Improvement Obligations and maintenance and operations costs of the buildings under the supervision of the Office of General
19 Services.
20 Subsection (b). All departments and agencies against which rental charges are assessed and whose operations are financed in whole or
21 in part by Federal and/or other non-appropriated funds are directed to apportion the payment of such charges equitably among all such
22 funds, so that each shall bear its proportionate share. All appropriations in this Act applicable to the rental of space in State-controlled
23 buildings (exclusive of the Department of Transportation), shall be available only for payment of that portion of rental charges applicable
24 to State-appropriated operations.
25 Subsection (c). Rental collections shall be deposited by the Budget and Control Board in the State Treasury in a special account and
26 shall be expended only for (1) payment of principal and interest due on the obligations referred to in Subsection (a) above and (2)
27 maintenance and operations costs of the buildings referred to in Subsection (a) above.
28 72.41. (GP: Organizations Receiving State Appropriations Report) Each organization receiving a contribution in this Act shall render
29 to the state agency making the contribution by November 1 of the fiscal year in which funds are received, an accounting of how the State
30 funds will be spent, a copy of the adopted budget for the current year, and also a copy of the organization's most recent operating financial
31 statement. The funds appropriated in this Act for contributions shall not be expended until the required financial statements are filed with
32 the appropriate state agency. No funds in this Act shall be disbursed to organizations or purposes which practice discrimination against
33 persons by virtue of race, creed, color or national origin. The State Auditor shall review and audit, if necessary, the financial structure and
34 activities of each organization receiving contributions in this Act and make a report to the General Assembly of such review and/or audit,
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 510
1 when requested to do so by the Budget and Control Board.
2 72.42. (GP: Information Technology - Report of Requested Increases) The Budget and Control Board, through the Division of Budget
3 and Analyses, is authorized and directed to identify all requested increases for information technology for Agencies, Institutions or
4 Departments, with the exception of colleges, universities and technical institutions, compile the requests into one report, evaluate the
5 requests and forward the evaluation to the Governor, the Chairman of Senate Finance Committee and the Chairman of the House Ways &
6 Means Committee.
7 72.43. (GP: Printing Costs Disclosure on State Publications) All agencies using appropriated funds shall print on the last page of all
8 bound publications the following information:
9 (1) Total Printing Cost
10 (2) Total Number of Documents Printed
11 (3) Cost Per Unit
12 The President Pro Tempore of the Senate, the Speaker of the House, Legislative Printing and Information Technology Resource, the
13 Presidents of each institution of higher education, and the State Board for Technical and Comprehensive Education may exempt from this
14 requirement, documents published by their respective agencies. Agency publications which are produced for resale are also exempt from
15 this requirement.
16 Publications of public relations nature, produced by Parks, Recreation and Tourism, and the Division of State Development are exempt
17 from this requirement.
18 72.44. (GP: PORS Retirees Salary Limit) Notwithstanding the provisions of subsections (1) and (2) of Section 9-11-90, a retired
19 member of the System may return to employment covered by the System and earn up to fifteen thousand five hundred dollars a fiscal year
20 without affecting the monthly retirement allowance he is receiving from the System. If the retired member continues in service after having
21 earned fifteen thousand five hundred dollars in a fiscal year, his retirement allowance must be discontinued during the period of service in
22 the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-
23 1590 apply. The provisions of this section do not apply to an employee or member of the System who has retired mandatorily because of
24 age pursuant to Section 9-1-1530.
25 72.45. (GP: SCRS Retirees Salary Limit) Notwithstanding any other provision of law, a retired member of the System may return to
26 employment covered by the System and earn up to fifteen thousand five hundred dollars a fiscal year without affecting the monthly
27 retirement allowance he is receiving from the System. If the retired member continues in service after having earned fifteen thousand five
28 hundred dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal
29 year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of
30 this section do not apply to an employee or member of the System who has retired mandatorily because of age pursuant to Section 9-1-
31 1530.
32 72.46. (GP: State Owned Aircraft - Maintenance Logs) Each agency having in its custody one or more aircraft shall maintain a
33 continuing log on all flights, which shall be open for public inspection. Any and all aircraft owned or operated by agencies of the State
34 Government shall be used only for official business. The Division of Aeronautics and other agencies owning and operating aircraft may
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 511
1 furnish transportation to the Governor, Constitutional Officers, members of the General Assembly, members of state boards, commissions,
2 and agencies and their invitees for official business only; no member of the General Assembly, no member of a state board, commission or
3 committee, and no state official shall use any aircraft of the Division of Aeronautics unless the member or official files within forty-eight
4 hours after the time of departure of the flight with the Division of Aeronautics a sworn statement certifying and describing the official
5 nature of his trip; and no member of the General Assembly, no member of a state board, commission or committee, and no state official
6 shall be furnished air transportation by a state agency other than the Division of Aeronautics unless such agency prepares and maintains in
7 its files a sworn statement from the highest ranking official of the agency certifying that the member's or state official's trip was in
8 conjunction with the official business of the agency. Official business shall not include routine transportation to and from meetings of the
9 General Assembly or committee meetings for which mileage is authorized.
10 All logs shall be signed by the parties using the flight and the signatures shall be maintained as part of the permanent record of any
11 agency. All passengers shall be listed on the flight log by their legal name; passengers flying with an appropriate official of SLED or the
12 Division of State Development whose confidentiality must, in the opinion of SLED or the Division, be protected shall be listed in writing
13 on the flight log as "Confidential Passenger SLED or the Division of State Development (strike one)" and the appropriate official of SLED
14 or the Division shall certify to the agency operating the aircraft the necessity for such confidentiality.
15 Violation of the above provisions of this section is prima facie evidence of a violation of Section 8-13-410(1) of the 1976 Code and
16 shall subject a violating member of the General Assembly to the ethics procedure of his appropriate house and shall subject a violating
17 member of a state board, commission or committee, or a state official to the applicable ethics procedure relating to them as provided by
18 law. The above provisions do not apply to aircraft of the Division of Aeronautics when used by the Medical University of South Carolina,
19 nor to aircraft of the athletic department or the educational foundations of any state-supported institution of higher education.
20 Aircraft owned by agencies of state government shall not be leased to individuals for their personal use.
21 72.47. (GP: State Primary Prevention Strategy) The Human Services Coordinating Council is designated as the entity responsible for
22 developing and coordinating the implementation of a plan for a State Primary Prevention Strategy. Primary prevention is defined as
23 programs which seek to prevent the onset of disease, disability or high risk behaviors through the enhancement of individual and
24 community protective factors and the reduction of risk factors. The plan must be submitted to the Governor, Chairman of Senate Finance
25 and Chairman of Ways and Means for approval. Upon their approval, participating agencies are authorized to utilize those funds identified
26 as the State Primary Prevention Strategy in Section 8. The project plan must provide: 1) A primary prevention mission statement; 2)
27 Project objectives; 3) Current and proposed service efforts and accomplishment indicators (input, output, outcomes and efficiency); 4) A
28 description of the anticipated benefits and costs; and 5) An independent evaluator component.
29 72.48. (GP: Carry Forward) Each agency shall be authorized to carry forward unspent general fund appropriations from the prior fiscal
30 year into the current fiscal year, up to a maximum of 10% of its original general fund appropriations less any appropriation reductions for
31 the current fiscal year. Agencies shall not withhold services in order to carry forward general funds.
32 This provision is suspended if necessary to avoid a fiscal year-end general fund deficit. For purposes of this proviso, the amount of the
33 general fund surplus/deficit shall be considered after all appropriations from the Capital Reserve Fund have been allowed and before any
34 transfers from the General Reserve. The amount of general funds needed to avoid a year-end deficit shall be reduced proportionately from
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 512
1 each agency's carry forward amount.
2 Agencies which have separate general fund carry forward authority must exclude the amount carried forward by such separate authority
3 from their base for purposes of calculating the 10% carry forward authorized herein. Any funds that are carried forward as a result of this
4 provision are not considered part of the base of appropriations for any succeeding years. Notwithstanding any other provisions of law,
5 state agencies and institutions shall be allowed to spend carry forward monies from the previous fiscal year to provide selected employees a
6 one-time lump sum bonus not to exceed $1,000, based on objective guidelines established by the Budget and Control Board. This payment
7 is not a part of the employee's base salary and is not earnable compensation for purposes of employee and employer contributions to
8 respective retirement systems.
9 72.49. (GP: Publication List for General Assembly) With the exception of the Governor's Executive Budget and related documents and
10 telephone directories, and notwithstanding any other requirement, mandate, or provision of this act to the contrary, no agency, department,
11 or entity of state government shall provide the General Assembly with hard copies of a publication whether or not the publication, report,
12 or other document is required to be furnished to the General Assembly by law, and a publication only may be provided to a member of the
13 General Assembly if the member requests the publication. Nothing herein prevents the agency or department from transmitting such
14 publications to the Office of Legislative Printing and Information Technology Resources (LPITR) by electronic medium in such format and
15 form and in accordance with such technical standards as may be established by LPITR. LPITR may make any such information
16 transmitted available through its network. Any report governed by the requirements of this proviso may be published in hard copy form if
17 authorized by the Speaker of the House and the President Pro Tempore of the Senate.
18 72.50. (GP: Regulatory Audit) Each agency shall conduct a jurisdictional audit for the purpose of identifying laws, regulations and
19 provisos which are not being used or no longer need to be regulated. After identifying these laws, repeals are to be drafted for submission
20 to the General Assembly.
21 72.51. (GP: Written Notice of Fee Changes) All state administrative or executive agencies which have the authority to impose charges,
22 fines, fees, levies, or penalties, of any nature, pursuant to statutory or regulatory authorization, shall give written notice if requested to any
23 person affected by or subject to the assessment prior to collection. The notice required pursuant to this section shall include an appropriate
24 citation to the relevant statutory or regulatory provision which authorizes the imposition of the assessment. No assessment made by a state
25 administrative or executive agency against an affected person shall be valid, absent express statutory or regulatory authorization.
26 72.52. (GP: TEFRA-Tax Equity and Fiscal Responsibility Act) It is the intent of the General Assembly that the State Medicaid Plan be
27 amended to provide benefits for disabled children as allowed by the Tax Equity and Fiscal Responsibility Act (TEFRA) option. State
28 agencies, including but not limited to, the Office of the Governor - the Continuum of Care, the Department of Health and Environmental
29 Control, the Department of Mental Health, the Department of Disabilities and Special Needs, and the Department of Health and Human
30 Services shall collectively review and identify existing state appropriations within their respective budgets that can be used as state match
31 to serve these children. Such funds shall be used effective January 1, 1995 to implement TEFRA option benefits.
32 72.53. (GP: Federally Declared Disaster Reimbursement) Notwithstanding Section 11-9-125, any state agency, college, or university
33 which has a grant agreement with and has received prior disaster reimbursements for losses incurred during federally declared disasters
34 from the Office of State Public Assistance and where said state agency, college or university may not have received full reimbursement for
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 513
1 eligible program management costs associated with disaster recovery activities incurred during such disasters may seek further
2 reimbursement for such disasters and is authorized to retain these funds for use within the agency's operating budget.
3 72.54. (GP: Frequent Flyer Premiums) State agencies and employees shall select air carriers based on cost and time criteria, not on
4 whether frequent flyer premiums are given. State agencies should ensure that employees earning frequent flyer premiums while traveling
5 on State business use them to reduce the cost of subsequent business travel whenever possible.
6 72.55. (GP: Prison Industries) All agencies funded in this Act, when procuring goods and services, shall first consider contracting for
7 services or purchasing goods and services through the Department of Corrections' Prison Industries Program. The Department of
8 Corrections shall furnish, upon request, to all agencies a catalogue of goods and services provided by Prison Industries. The Department is
9 hereby directed to develop and market a catalogue of Prison Industries products for nationwide circulation.
10 72.56. (GP: Out-of-State Travel Report) Annually on October 1, the Comptroller General shall issue a report on out-of-state travel
11 expenditures for the prior fiscal year which shall be distributed to the Senate Finance Committee, the House Ways and Means Committee
12 and the Statehouse Press Room. The Comptroller General may use up to $500 of general fund appropriations for the purpose of providing
13 copies to the media or the public upon request. The report must contain a listing for every agency receiving an appropriation in the annual
14 General Appropriations Act. The listing must show at a minimum the top ten percent of employees for whom out-of-state travel expenses
15 and registration fees were paid within each agency, not to exceed twenty-five employees per agency. Agencies should include position
16 titles for each of the top twenty-five travelers for each agency. Expenditures must include state, federal and other sources of funds. The
17 list for each agency must be in rank order with the largest expenditure first and the name of the employee must be shown with each amount.
18 Agencies should include a brief summary of the type of out-of-state travel the agency incurs. The Comptroller General may provide
19 additional information as deemed appropriate. The Comptroller General shall provide no exceptions to this report in that the information
20 contained is not considered confidential or restricted for economic development purposes. However, further disclosure of detailed
21 information shall be restricted as provided for by law.
22 72.57. (GP: School Technology Initiative) From the funds appropriated/authorized to the Budget and Control Board's Office of
23 Information Resources for school technology, the Board shall, in consultation with the State Department of Education and South Carolina
24 Educational Television, begin the development of a statewide educational technology initiative. This initiative is intended to provide
25 technology connectivity for K-12 public schools throughout the State and should, to the maximum extent possible, involve public-private
26 sector collaborative efforts. The Budget and Control Board shall retain and carry forward funds to be used for the same purpose.
27 72.58. (GP: Common Intake & Assessment Task Force) A common intake and assessment procedure and a plan for its use shall be
28 developed by a task force to include a representative from each agency that provides services to children with disabilities and their families.
29 The agencies shall include the directors of the Department of Education, the Department of Disabilities and Special Needs, the Department
30 of Health & Environmental Control, the Department of Mental Health and the Department of Social Services or their designees. The task
31 force shall also include five advocates/consumers/family members who have children using services from these agencies. A report shall be
32 submitted to the Senate Finance Committee, the House Ways and Means Committee and the Governor's Office by January 15, 1997. This
33 task force shall continue and report annually for three years on the implementation, quality and success of this plan.
34 72.59. (GP: Immunization System) The Department of Health & Environmental Control, in conjunction with the Department of Health
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 514
1 & Human Services, shall use the funds appropriated for the immunization program to enhance the vaccination delivery system,
2 emphasizing public/private partnerships in the funding and delivery systems, increase community participation, education and partnerships.
3 The strategic objective of this system shall be to eliminate vaccine-preventable diseases in South Carolina. These agencies will monitor the
4 quality and effectiveness of this system through the development of an accessible statewide immunization information system and shall
5 report annually by January 15th to the Governor, the Senate Finance Committee, and the House Ways and Means Committee. However, if
6 adequate federal funds are made available, any excess funds must be remitted to the General Fund.
7 72.60. (GP: Long Term Care System) The Department of Health and Human Services and the Department of Health and
8 Environmental Control shall, in coordination with other appropriate agencies and organizations, develop a system of services which
9 provides a continuum of long term care services for elderly individuals and their families. The system shall integrate available funding
10 streams, design a common intake system, incorporate recipient directed care and voucher options to the extent possible, expand the current
11 continuum to better address all levels of care needed and develop an eligibility/access system. The agencies will identify any changes
12 necessary in the certificate of need rules which will better support this system by lowering cost and increasing access. The system shall
13 include a process to routinely assess the system of care focusing on quality, access, outcomes and efficiency. The agencies shall report
14 annually to the Governor, to the Senate Finance Committee and to the House Ways and Means Committee no later than January 15th on
15 this system.
16 72.61. (GP: Secretary of State Employee Rights) Where the provisions of this Act transfer the Office of the Secretary of State or any
17 particular entities, sections, division or portions thereof, to another state agency, department or division, the related employees of the Office
18 of the Secretary of State are also transferred to and become part of the receiving agency, department or division unless otherwise
19 specifically provided. All classified and unclassified personnel employed by the Office of the Secretary of State on the effective date of
20 this Act shall become employees of the receiving agency, department or division, and retain the same compensation, and grade level, as
21 applicable, unless otherwise specifically provided. Employees transferred under this provision will not experience a break in service and, if
22 at the time of transfer, they are covered by the provisions of the State Employee Grievance Procedure Act of 1982, they continue to be
23 covered by the provisions of that Act. This provision applies only to those employees who have at least a "meets" performance
24 requirements rating in their position with the Office of the Secretary of State prior to the effective date of this Act.
25 72.62. (GP: Public Relations Contract Services) All state agencies or other entities existing by state law that receive an annual
26 appropriation are required to file a report with the State Ethics Commission listing all contracts for public relations, communications, and
27 legislative strategy services. This report shall include the terms, conditions, and amounts expended for these purposes and shall be
28 submitted by June 30, 1998.
29 72.63. (GP: State Operated Day Care Facilities Fees) Any state agency receiving funding in this Act and any higher education
30 institution, including 4 year institutions, 2 year institutions, and technical colleges, that operates an early childhood development center or
31 day care facility shall charge, at a minimum, fees that are comparable to those charged by private day care facilities in the local community.
32 The institution or agency shall not restrict enrollment in the center solely to the children of faculty, staff, and students of the institution; nor
33 shall fees be set at a lower level for faculty, staff, or students of the institution or agency.
34 72.64. (GP: Prevent Welfare Reform Duplication of Services) The intent of the General Assembly is that the Department of Social
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 515
1 Services not duplicate services available at the Employment Security Commission and other state agencies. All state agencies are directed
2 to cooperate with DSS as it implements the Family Independence Act of 1995. Monies appropriated for the purpose of implementing the
3 Family Independence Act of 1995 and used to hire persons or procure services for employment training purposes shall be reported to the
4 Governor to ensure duplication of services does not occur.
5 72.65. (GP: SDE Agriculture Education Transfer to Clemson PSA) The Budget and Control Board, in conjunction with the
6 Department of Education, shall transfer all federal funds associated with Agricultural Education at the Department of Education to
7 Clemson-PSA no later than July 15, 1997 1998. Notwithstanding any other provisions of law, funds and positions transferred to Clemson-
8 PSA from the Department of Education for Agricultural Education shall be used for personnel positions and related office and travel
9 expenses to provide overall leadership, coordination, and structure for agricultural education programs, EFA activities and SC Association
10 of Young Farmers activities in the public schools of South Carolina. Clemson PSA shall provide a report to the Department of Education
11 on the use and expenditure of the federal funds transferred by the Department of Education to Clemson PSA no later than December 1, of
12 the current fiscal year.
13 72.66. (GP: Transfer of Grants Services & Indirect Cost Allocation) The Budget and Control Board, in conjunction with the
14 Governor's Office shall transfer all funds, positions, and related inventory and equipment associated with the Grants Services Section and
15 the Indirect Cost Allocation Section of the Office of Executive Policy and Programs of the Governor's Office to the Division of Budget and
16 Analyses of the Budget and Control Board, as soon as practical on or after July 1, 1997. The operation of these programs shall become the
17 responsibility of the Division of Budget and Analyses.
18 The Budget and Control Board, Division of Budget and Analyses is further directed to review Act 651 of 1978 and other appropriate
19 sections of the Code of Laws and propose any changes necessary in conjunction with this transfer not later than November 15, 1997.
20 72.67. (GP: $3M CCI Transfer to the General Fund) Of the proceeds resulting from the sale of the Central Correctional Institution, the
21 State Budget and Control Board shall transfer three million dollars to the General Fund. The balance of the proceeds from the sale of CCI
22 are to be credited to the Ordinary Sinking Fund to be expended in accordance with the procedures that regulate that fund.
23 72.68. (GP: Base Budget Analysis) Agencies' annual accountability reports for 1996-97 1997-98, as required in Section 1-1-810,
24 must be accessible to the Governor, Senate Finance Committee, House Ways & Means Committee and to the public on or before
25 November 1, 1997 1998, for the purpose of a zero base budget analysis. Until performance based funding is fully implemented and
26 reported annually, the Commission on Higher Education and the state supported colleges, universities and technical schools shall report in
27 accordance with Section 59-101-350. Technical assistance will be available from the Office of State Budget. The House Ways and Means
28 Committee may award a Certificate of Excellence in Governing to the three agencies with the most exemplary accountability reports.
29 These reports will be used as models for future accountability reports.
30 72.69. (GP: Transfer of Printing Operations) The following state agencies under the directions of the Governor's Office shall
31 cooperate with the Budget and Control Board to identify and facilitate the transfer of any portion of their operation, including transfer of
32 funds to the Budget and Control Board to support this function during Fiscal Year 1997-98. The following agencies will make a
33 permanent transfer of state funds as specified below and the Department of Social Services shall permanently transfer two full time
34 equivalent positions to the Budget and Control Board, Division of Operations to be effective July 1, 1997, for the management of all
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 516
1 printed related issues.
2 Department of Corrections $ 7,000
3 Department of Health &
4 Environmental Control $ 7,000
5 Department of Mental Health $ 7,000
6 Department of Natural Resources $ 7,000
7 Department of Probation, Parole
8 & Pardon Services $ 7,000
9 Department of Public Safety $ 7,000
10 Department of Revenue $ 7,000
11 Department of Social Services $22,170 and two full time equivalent positions
12 Department of Transportation $ 7,000
13 72.70. (GP: Professional Dues) State agencies and institutions are prohibited from paying or reimbursing professional dues payments
14 for individuals to the American Bar Association.
15 72.71. (GP: Federal/Other Funded Employee Bonus) Notwithstanding any other provision of law, state agencies and institutions shall
16 be allowed to spend federal and other sources of revenue to provide selected employees a one-time lump sum bonus not to exceed $1,000,
17 based on objective guidelines established by the Budget and Control Board. Agencies affected by this proviso shall maintain documents
18 verifying that the bonuses funded were from savings resulting from increased efficiency in their operations. Also, agencies using Federal
19 funds for the bonus must show that the use of these funds is in compliance with Federal law. This payment is not a part of the employee's
20 base salary and is not earnable compensation for purposes of employee and employer contributions to respective retirement systems.
21 72.72. (GP: Undesignated Surplus) Of the undesignated surplus for FY 1996-97 as determined by the Comptroller General at the
22 closing of the FY 1996-97 accounting year, any undesignated surplus shall be transferred to the Infrastructure Bank of South Carolina.
23 72.73. (GP: Transfer Division on Aging to DHHS) Notwithstanding any other provision of law, effective July 1, 1997, the duties,
24 functions, and responsibilities of the Division on Aging in the Office of the Governor are transferred to the Department of Health and
25 Human Services as the Office on Aging. The director of the department must employ a deputy director to be the administrator for the
26 office. The Budget and Control Board shall take the necessary actions to effect this transfer. All personnel, appropriations and FTEs of
27 the Division shall be transferred to the Department of Health and Human Services on July 1, 1997.
28 72.74. (GP: Collection on Dishonored Checks) Any state agency may establish, collect, and retain fines to cover the costs associated
29 with the collection of dishonored checks returned to the agency due to insufficient funds. Such funds shall be retained and expended by the
30 agency in accordance with this purpose and any unused amount shall carry forward to the following fiscal year.
31 72.75. (GP: Marine Remote Sensing Device) From funds appropriated to the Department of Commerce, $109,000 shall be transferred
32 to the S. C. Institute of Archaeology and Anthropology, University of South Carolina, to acquire a marine remote sensing device to manage
33 the state's submerged cultural resources by identifying and inventorying these submerged cultural resources and to devise strategies for use
34 and protection of these resources and to monitor the Hunley site until the hull can be recovered.
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 517
1 72.76. (GP: Transfer to Piedmont Tech.) From funds appropriated, $200,000 dollars shall be transferred to be expended for the
2 exclusive purpose of the Piedmont Tech - Edgefield Facility renovation project.
3 72.77. (GP: Voluntary Separation Program/FTE Reduction) DELETED
4 72.78. (GP: Senior Citizen Income Tax Relief) DELETED
5 72.79. (GP: Trust Funds) DELETED
6 72.80. (GP: Attorney General Transfer of Funds-Arts Commission) DELETED
7 72.81. (GP: Attorney General Transfer of Funds-DJJ & SLED) DELETED
8 72.82. (GP: Victim/Witness Personnel Study) The Attorney General's Office is directed to coordinate a panel to study the
9 feasibility of establishing a central authority for victim assistance services, restitution and fine collection processes statewide. The
10 study shall include, but not be limited to, the types of assistance rendered as well as a review of the existing number, type of personnel
11 providing such services, and a review of all entities receiving earmarked revenues for victim/witness services on federal, state and
12 local levels. The panel shall consist of the members of the Governor's Advisory Victim Services Coordinating Committee and
13 designees of the S.C. Commission on Indigent Defense, S.C. Department of Mental Health, S.C. Department of Disabilities and Special
14 Needs, the S.C. Clerks of Court Association and Justice Fellowship. The initial meeting shall occur by August 1, 1998. The Attorney
15 General's Office shall submit a report to the Governor, the Chairman of the Senate Finance Committee and the Chairman of the House
16 Ways & Means Committee by January 1, 1999.
17 72.83. (GP: Pay Phones at SCDC) Notwithstanding any other provisions of law, revenues received by the S.C. Department of
18 Corrections for allowing the placement or location of pay phones on public property must be credited to the General Fund of the State.
19 72.84. (GP: State DNA Database) DELETED
20 72.85. (GP: Interim New FTE Report) State agencies shall report to the appropriate Senate Finance and Ways and Means
21 subcommittees any interim new FTE position when authorization is requested from the Budget and Control Board. The report shall
22 include, but not be limited to, justification of need for the position and a detailed explanation of the source of funding.
23 72.86. (GP: FTE Transfer Report) State agencies shall report to the appropriate Senate Finance and Ways and Means
24 subcommittees any FTE position transferred to or received from another state agency. The report shall include, but not be limited to,
25 justification for the transfer and a detailed explanation of the source of funding.
26 72.87. (GP: State Agencies-Alternate Work Locations) DELETED
27 72.88. (GP: Video Poker) DELETED
28 72.89. (GP: Indirect and Direct Abortion Funding Prohibition) DELETED
29 72.90. (GP: Telephone Answering Device Prohibition) DELETED
30 72.91. (GP: Video Poker) DELETED
31 72.92. (GP: Workers' Compensation Insurance Contract) DELETED
32 72.93. (GP: DOR Crediting of Fees to Department of Public Safety) DELETED
33 72.94. (GP: Allocation of Victim Services Funds) Revenues distributed on a monthly basis, to fund existing state programs under
34 SC Code Sections 14-1-206(C)(1) through (C)(7); 14-1-207(C)(1) through (C)(7); and 14-1-208(C)(1) through (C)(8) must be equal
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 518
1 to what was received under these subsections in FY 1996-97 before distribution can be made under SC Code Sections 14-1-206(B); 14-
2 1-207(B); and 14-1-208(B) for FY 1998-99.
3 72.95. (GP: Tobacco Settlement Funds) Any funds received by this State from the settlement of the lawsuit filed on behalf of the
4 State against various tobacco companies must be deposited into the General Fund of the State to be appropriated by the General
5 Assembly.
6 72.96 (GP: Aid to Subdivisions Withholding to Recover Charges) Any local government entity which demands payment of rent or
7 lease payments from a state agency or institution, unless approved by that state agency, must have deducted from that local
8 government's State Aid to Subdivisions allocation an amount equal to 110 percent of the amount charged. From the withheld
9 allocation, the state agency must be reimbursed the actual amount paid and the balance must be credited to the General Fund of the
10 State.
11 72.97. (GP: Video Poker Revenues) Notwithstanding any other provision of law, all revenues from coin-operated machines or
12 devices subject to licensing under Section 12-21-2720(A)(3) of the 1976 Code, collected during FY 1998-99 or collected in FY 1997-98
13 and allocated to the revenue collected for FY 1998-99 shall be deposited in the General Fund and may only be appropriated in the
14 General Appropriation Act for FY 1999-2000.
15