South Carolina Legislature MobileReference is to the bill as introduced.
Amend the bill, as and if amended, Part II, beginning on page 2 and line 31, by striking SECTION 3 in its entirety, and inserting:
/ SECTION 3. Chapter 30, Title 1 of the 1976 Code is amended by adding:
"Section 1-30-125.
(A) Effective July 1, 2011, the
following offices, divisions, or components of the State Budget
and Control Board, Office of the Governor, or other agencies are
transferred to, and incorporated into, the Department of
Administration, a department of the executive branch of state
government headed by a director appointed by the Governor as
provided in Section 1-30-10(B)(1)(i) except that this
appointment must be upon the advice and consent of the General
Assembly rather than the Senate:
(1) Division of General
Services including Facilities Management, Business Services
together with Fleet Management, and Property Services;
(2) Office of Human
Resources;
(3) Office of Executive
Policy and Programs, except for the State Ombudsman and
Children's Services programs which are contained within this
office;
(4) Office of Economic
Opportunity;
(5) Developmental
Disabilities Council;
(6) Continuum of Care
as established by Section 20-7-5610;
(7) Children's Foster
Care as established by Section 20-7-2379;
(8) Veterans Affairs as
established by Section 25-11-10;
(9) Commission on Women
as established by Section 1-15-10;
(10) Victims Assistance
as established by Article 13, Chapter 3, Title 16;
(11) Small and Minority
Business as established by Section 11-35-5270;
(12) Procurement
Services Division of the State Budget and Control Board;
(13) State Energy
Office as established by Section 48-52-410;
(14) Division of State
Information Technology of the State Budget and Control Board;
(15) Employee Insurance program of the
State Budget and Control Board as established by Article 5,
Chapter 11, Title 1; and
(16) Guardian Ad Litem
program as established by Section 63-11-500.
(B)(1) There is
established, within the Department of Administration, the
Executive Budget Office which shall support the Office of the
Governor by conducting analysis, coordinating executive agency
requests for funding, and evaluating program performance.
(2)
The Executive Budget Office shall use the existing
resources of the organizations transferred to the Department of
Administration including, but not limited to, funding,
personnel, equipment, and supplies. Vacant FTE's at the State
Budget and Control Board also may be used to fill needed
positions for the office.
(C) Notwithstanding any
other provision of law, the Department of Administration may
organize its staff as it considers most appropriate to carry out
the various duties, responsibilities, and authorities assigned
to it and to its various divisions and management and
organizational entities. /
Amend further, Part III, beginning on page 5 and line 21, by striking Sections 2-2-20, 2-2-30, 2-2-40, as contained in SECTION 5, and inserting:
/ Section 2-2-20. (A)
Beginning January 1, 2012, each standing committee shall
conduct oversight studies and investigations on all agencies
within the standing committee's subject matter jurisdiction at
least once every seven years in accordance with a schedule
adopted as provided in this chapter.
(B) The purpose of
these oversight studies and investigations is to determine if
agency laws and programs within the subject matter jurisdiction
of a standing committee:
(1)
are being implemented and carried out in accordance with
the intent of the General Assembly; and
(2)
should be continued, curtailed, or eliminated.
(C) The oversight
studies and investigations must consider:
(1)
the application, administration, execution, and
effectiveness of laws and programs addressing subjects within
the standing committee's subject matter jurisdiction;
(2)
the organization and operation of state agencies and
entities having responsibilities for the administration and
execution of laws and programs addressing subjects within the
standing committee's subject matter jurisdiction; and
(3)
any conditions or circumstances that may indicate the
necessity or desirability of enacting new or additional
legislation addressing subjects within the standing committee's
subject matter jurisdiction.
Section 2-2-30. (A)
The procedure for conducting the oversight
studies and investigations is provided in this section.
(B)(1) The President
Pro Tempore of the Senate, upon consulting with the chairmen of
the standing committees in the Senate and the Clerk of the
Senate, shall determine the agencies for which each standing
committee shall conduct oversight studies and investigations. A
proposed seven-year review schedule must be published in the
Senate Journal on the first day of session each year.
(2)
In order to accomplish the requirements of this chapter,
the chairman of each standing committee shall schedule oversight
studies and investigations for the agencies for which his
standing committee is the investigating committee and may:
(a)
coordinate schedules for conducting oversight studies and
investigations with the chairmen of other standing committees;
and
(b)
appoint joint investigating committees to conduct the
oversight studies and investigations including, but not limited
to, joint committees of the Senate and House of Representatives
or joint standing committees of concurrent subject matter
jurisdiction within the Senate or within the House of
Representatives.
(3)
Chairmen of standing committees having concurrent subject
matter jurisdiction over an agency or the programs and law
governing an agency by virtue of the Rules of the Senate or
Rules of the House of Representatives, may request that a joint
investigating committee be appointed to conduct the oversight
study and investigation for an agency.
(C)(1) The Speaker of
the House of Representatives, upon consulting with the chairmen
of the standing committees in the House of Representatives and
the Clerk of the House of Representatives, shall determine the
agencies for which each standing committee shall conduct
oversight studies and investigations. A proposed seven-year
review schedule must be published in the House Journal on the
first day of session each year.
(2)
In order to accomplish the requirements of this chapter,
the chairman of each standing committee shall schedule oversight
studies and investigations for the agencies for which his
standing committee is the investigating committee and may:
(a)
coordinate schedules for conducting oversight studies and
investigations with the chairmen of other standing committees;
and
(b)
appoint joint investigating committees to conduct the
oversight studies and investigations including, but not limited
to, joint committees of the Senate and House of Representatives
or joint standing committees of concurrent subject matter
jurisdiction within the Senate or within the House of
Representatives.
(3)
Chairmen of standing committees having concurrent subject
matter jurisdiction over an agency or the programs and law
governing an agency by virtue of the Rules of the Senate or
Rules of the House of Representatives, may request that a joint
investigating committee be appointed to conduct the oversight
study and investigation for the agency.
(D) The chairman of an
investigating committee may vest the standing committee's full
investigative power and authority in a subcommittee. A
subcommittee conducting an oversight study and investigation of
an agency:
(1)
shall make a full report of its findings and
recommendations to the standing committee at the conclusion of
its oversight study and investigation, and
(2)
shall not consist of fewer than three members.
Section 2-2-40. (A)
In addition to the scheduled seven-year
oversight studies and investigations, a standing committee of
the Senate or the House of Representatives may by majority
vote of the standing committee's membership initiate an
oversight study and investigation of an agency within its
subject matter jurisdiction. The motion calling for the
oversight study and investigation must state the subject matter
and scope of the oversight study and investigation. The
oversight study and investigation must not exceed the scope
stated in the motion or the scope of the information uncovered
by the investigation.
(B) Nothing in the
provisions of this chapter prohibits or restricts the President
Pro Tempore of the Senate, the Speaker of the House of
Representatives, or chairmen of standing committees from
fulfilling their constitutional obligations by authorizing and
conducting legislative investigations into agencies' functions,
duties, and activities./
Amend further, Part III, page 11, beginning on line 5, by striking Section 2-2-100, as contained in Section 5, and inserting:
/ Section 2-2-100. Any person who appears before a committee or subcommittee of either house, pursuant to this chapter, and willfully gives false, misleading, or incomplete testimony under oath is guilty of contempt of the General Assembly. A person who is convicted of or pleads guilty to contempt of the General Assembly is guilty of a felony and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both. /
Amend further, SECTION 5, Part III, page 11, by inserting after line 16 a new section to read:
/ Section 2-2-220. A person is guilty of
criminal contempt when, having been duly subpoenaed to attend as
a witness before either house of the legislature or before any
committee thereof, he:
(1) fails or refuses to
attend without lawful excuse; or
(2) refuses to be
sworn; or
(3) refuses to answer
any material and proper question; or
(4) refuses, after
reasonable notice, to produce books, papers, or documents in his
possession or under his control which constitute material and
proper evidence.
A person who is convicted of or pleads
guilty to criminal contempt is guilty of a felony and, upon
conviction, must be fined within the discretion of the court or
imprisoned for not more than five years, or both. /
Amend further, Part IV, beginning on page 11 and line 24, by striking Section 1-11-20, as contained in Section 6. A., and inserting:
/ "Section 1-11-20. (A)
The functions of the State Budget and Control Board
must be performed, exercised, and discharged under the
supervision and direction of the board through three divisions,
the Finance Division (embracing the work of the State Auditor,
the former State Budget Commission, the former State Finance
Committee and the former Board of Claims for the State of South
Carolina), the Purchasing and Property Division (embracing the
work of the former Commissioners of the Sinking Fund, the former
Board of Phosphate Commissioners, the State Electrician and
Engineer, the former Commission on State House and State House
Grounds, the central purchasing functions, the former Surplus
Procurement Division of the State Research, Planning and
Development Board and the Property Custodian) and the Division
of Personnel Administration (embracing the work of the former
retirement board known as the South Carolina Retirement System
and the administration of all laws relating to personnel), each
division to consist of a director and clerical, stenographic and
technical employees necessary, to be employed by the respective
directors with the approval of the board. The directors of the
divisions must be employed by the State Budget and Control Board
for that time and compensation as may be fixed by the board in
its judgment.
(B)(1)
Notwithstanding subsection (A), as of July 1, 2011, the
Division of General Services of the State Budget and Control
Board including Facilities Management, Business Services
together with Fleet Management, and Property Services as well as
the Procurement Services Division, Division of State Information
Technology, State Energy Office, Office of Human Resources,
Employee Insurance Program, and the other offices or divisions
of the State Budget and Control Board specified in Section
1-30-125 are transferred to, and incorporated into, the
Department of Administration.
(2)
Notwithstanding another provision of law, if the
State Budget and Control Board maintains primary responsibility
related to a program administered by the Department of
Administration, whether the responsibility is regulatory,
oversight, approval, or other, the board may receive and expend
revenues generated by the programs to support the board's
responsibilities related to the programs. The funds may be
retained and expended in subsequent fiscal years.
(3)
The Department of Administration shall use the
existing resources of each division transferred to the
department including, but not limited to, funding, personnel,
equipment, and supplies to carry out each division's
responsibilities. The department shall also receive an equitable
allocation of funding, personnel, equipment, and supplies from
the board's administrative support units including, but not
limited to, the Office of the Executive Director, Office of
General Counsel, and the Office of Internal Operations.
'Funding' means state, federal, and other funds. Vacant FTE's at
the State Budget and Control Board also may be used to fill
needed positions at the department. No new FTE's may be
assigned to the department without authorization from the
General Assembly.
(C)(1)
Notwithstanding subsection (A) or any other provision
of law, the Division of General Services shall not be
transferred to the Department of Administration until the
director of the Department of Administration enters into a
memorandum of understanding with appropriate officials of
applicable legislative and judicial agencies or departments
meeting the requirements of this subsection.
(2)
The memorandum of understanding shall provide
for:
(a)
continued use of existing office space;
(b)
a method for the allocation of new, additional,
or different office space;
(c)
adequate parking;
(d)
a method for the allocation of new, additional,
or different parking;
(e)
the provision of appropriate levels of
custodial, maintenance, and other services currently provided by
the General Services Division of the State Budget and Control
Board;
(f)
the ability for each agency or department to
maintain building access control for its allocated office space;
and
(g)
access control for the Senate and House chambers
and courtrooms as appropriate.
(3)
The parties may modify the memorandum of
understanding by mutual consent at any time." /
Amend further, Part IV, page 13, beginning on line 7, by striking Section 1-11-22, as contained in SECTION 6. B., and inserting:
/ "Section 1-11-22. (A)
Notwithstanding any other provision of law, the
Budget and Control Board may organize its staff as it
deems considers most appropriate to
carry out the various duties, responsibilities and authorities
assigned to it and to its various divisions and management
and organizational entities.
(B) To the
extent that any provision of law divides any responsibilities of
any division, office, or program of the Budget and Control Board
between the board and one or more state agencies, the receiving
agency must, within forty-five days of the effective date of the
relevant law, submit a realignment plan for the allocation of
staff, assets, and resources to the board's executive director,
who shall immediately distribute the plan to the members of the
Board. A realignment plan shall be considered adopted at the
conclusion of the next Budget and Control Board meeting unless
three members of the board at that meeting vote to reject it.
Upon approval, the Office of the Executive Director must provide
for the allocation as specified in the realignment plan as soon
as practicable." /
Amend further, Part IV, beginning on page 13 and line 33, by striking Section 1-11-55, as contained in SECTION 6. C., and inserting:
/ Section 1-11-55. (1)
'Governmental body' means a state government department,
commission, council, board, bureau, committee, institution,
college, university, technical school, legislative
body, agency, government corporation, or other
establishment or official of the executive, judicial, or
legislative branches branch of this State.
Governmental body excludes the General Assembly, Legislative
Council, the Office of Legislative Printing, Information and
Technology Systems, the judicial department and all local
political subdivisions such as counties, municipalities, school
districts, or public service or special purpose districts.
(2) The Budget
and Control Board Division of General Services of
the Department of Administration is hereby designated as the
single central broker for the leasing of real property for
governmental bodies. No governmental body shall enter into any
lease agreement or renew any existing lease except in accordance
with the provisions of this section.
(3) When any
governmental body needs to acquire real property for its
operations or any part thereof and state-owned property is not
available, it shall notify the Office
Division of General Services of its requirement on rental
request forms prepared by the office
division. Such forms shall indicate the amount and
location of space desired, the purpose for which it shall be
used, the proposed date of occupancy and such other information
as General Services may require. Upon receipt of any such
request, General Services shall conduct an investigation of
available rental space which would adequately meet the
governmental body's requirements, including specific locations
which may be suggested and preferred by the governmental body
concerned. When suitable space has been located which the
governmental body and the office
division agree meets necessary requirements and standards
for state leasing as prescribed in procedures of the
board department as provided for in
subsection (5) of this section, General Services shall give its
written approval to the governmental body to enter into a lease
agreement. All proposed lease renewals shall be submitted to
General Services by the time specified by General Services.
(4) The
board department shall adopt procedures
to be used for governmental bodies to apply for rental space,
for acquiring leased space, and for leasing state-owned space to
nonstate lessees.
(5) Any participant
in a property transaction proposed to be entered who maintains
that a procedure provided for in this section has not been
properly followed, may request review of the transaction by the
director of the Office Division of
General Services of the Department of Administration or
his designee. /
Amend further, Part IV, beginning on page 14 and line 39, by striking Section 1-11-56, as contained in SECTION 6. C., and inserting:
/ Section 1-11-56. The State Budget
and Control Board, Division of General Services of
the Department of Administration, in an effort to ensure
that funds authorized and appropriated for rent are used in the
most efficient manner, is directed to develop a program to
manage the leasing of all public and private space of state
agencies. The department must submit regulations for the
implementation of this section to the General Assembly as
provided in the Administrative Procedures Act, Chapter 23 of
Title 1. The board's department's
regulations, upon General Assembly approval, shall include
procedures for:
(1) assessing and
evaluating agency needs, including the authority to require
agency justification for any request to lease public or private
space;
(2) establishing
standards for the quality and quantity of space to be leased by
a requesting agency;
(3) devising and
requiring the use of a standard lease form (approved by the
Attorney General) with provisions which assert and protect the
state's prerogatives including, but not limited to, a right of
cancellation in the event of:
(a)
a nonappropriation for the renting agency,
(b)
a dissolution of the agency, and
(c)
the availability of public space in substitution for
private space being leased by the agency;
(4) rejecting an
agency's request for additional space or space at a specific
location, or both;
(5) directing agencies
to be located in public space, when available, before private
space can be leased;
(6) requiring the
agency to submit a multi-year financial plan for review by the
board's budget office department with
copies sent to Ways and Means Committee and Senate Finance
Committee, before any new lease for space is entered into; and
requiring prior review by the Joint Bond Review Committee and
the requirement of Budget and Control Board
department approval before the adoption of any new lease
that commits more than one million dollars in a five-year
period; and
(7) requiring prior
review by the Joint Bond Review Committee and the requirement of
Budget and Control Board department
approval before the adoption of any new lease that commits more
than one million dollars in a five-year period. /
Amend further, Part IV, beginning on page 16 and line 25, by striking SECTION 6. D. in its entirety and inserting:
/ D. Sections 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, and 1-11-110 of the 1976 Code are amended to read:
"Section 1-11-65.
(A) All transactions involving real
property, made for or by any governmental bodies, excluding
political subdivisions of the State, must be approved by and
recorded with the State Budget and Control
Board Department of Administration, except that a
transaction of real property exceeding one million dollars in
value shall instead be approved by the Budget and Control
Board. Upon approval of the transaction by the
Budget and Control Board, there must be recorded
simultaneously with the deed, a certificate of acceptance, which
acknowledges the board's approving
entity's approval of the transaction. The county recording
authority cannot accept for recording any deed not accompanied
by a certificate of acceptance. The board
approving entity may exempt a governmental body from the
provisions of this subsection.
(B) All state agencies,
departments, and institutions authorized by law to accept gifts
of tangible personal property shall have executed by its
governing body an acknowledgment of acceptance prior to transfer
of the tangible personal property to the agency, department, or
institution.
Section 1-11-67. The
State Budget and Control Board Department of
Administration shall assess and collect a rental charge from
all state departments and agencies that occupy State
Budget and Control Board space in state-controlled
office buildings under its jurisdiction. The amount
charged each department or agency must be calculated on a square
foot, or other equitable basis of measurement, and at rates that
will yield sufficient total annual revenue to cover the annual
principal and interest due or anticipated on the Capital
Improvement Obligations for projects administered or planned by
the Office of General Services
department, and maintenance and operation costs of
State Budget and Control Board-controlled
department-controlled office buildings under the
supervision of the Office of General Services. The
amount collected must be deposited in a special account and must
be expended only for payment on Capital Improvement Obligations
and maintenance and operations costs of the buildings under the
supervision of the Office of General Services
department.
All departments and agencies against which
rental charges are assessed and whose operations are financed in
whole or in part by federal or other nonappropriated funds are
both directed to apportion the payment of these charges
equitably among all funds to ensure that each bears its
proportionate share.
Section 1-11-70. All
vacant lands and lands purchased by the former land
commissioners of the State shall be are
subject to the directions of the State Budget and
Control Board Department of Administration.
Section 1-11-80. The
State Budget and Control Board Department of
Administration is authorized to grant easements and rights
of way to any person for construction and maintenance of power
lines, pipe lines, water and sewer lines and railroad facilities
over, on or under such vacant lands or marshland as are owned by
the State, upon payment of the reasonable value thereof.
Section 1-11-90. The
State Budget and Control Board Department of
Administration may grant to agencies or political
subdivisions of the State, without compensation, rights of way
through and over such marshlands as are owned by the State for
the construction and maintenance of roads, streets and highways
or power or pipe lines, if, in the judgment of the
Budget and Control Board department, the
interests of the State will not be adversely affected thereby.
A grant exceeding one million dollars in value shall instead
require the approval of the Budget and Control Board.
Section 1-11-100.
Deeds or other instruments conveying such rights of way or
easements over such marshlands or vacant lands as are owned by
the State shall be executed by the Governor in the name of the
State, when authorized by the Department of Administration
authorized by resolution of the Budget and Control
Board, duly recorded in the minutes and records of such
board, and when duly approved by the office of
the Attorney General; deeds or other instruments conveying such
easements over property in the name of or under the control of
State agencies, institutions, commissions or other bodies shall
be executed by the majority of the governing body thereof, shall
name both the State of South Carolina and the institution,
agency, commission or governing body as grantors, and shall show
the written approval of the majority of the members of
the State Budget and Control Board director of the
Department of Administration.
Section 1-11-110.
(1) The State
Budget and Control Board Department of
Administration is authorized to acquire real property,
including any estate or interest therein, for, and in the name
of, the State of South Carolina by gift, purchase, condemnation
or otherwise. An acquisition exceeding one million dollars
in value shall instead require the approval of the State Budget
and Control Board.
(2) The State
Budget and Control Board shall make use of the provisions of the
Eminent Domain Procedure Act (Chapter 2 of Title 28) if it is
necessary to acquire real property by condemnation. The actions
must be maintained by and in the name of the board. The right
of condemnation is limited to the right to acquire land
necessary for the development of the Capitol Complex
mall grounds in the City of
Columbia." /
Amend further, Part IV, page 19, beginning on line 33, by striking Section 1-11-185(C), as contained in SECTION 6. F., and inserting:
/ (C) The respective divisions of the Budget and Control Board and the Department of Administration are authorized to provide to and receive from other governmental entities, including other divisions and state and local agencies and departments, goods and services as will in its opinion promote efficient and economical operations. The divisions may charge and pay the entities for the goods and services, the revenue from which must be deposited in the state treasury in a special account and expended only for the costs of providing the goods and services, and those funds may be retained and expended for the same purposes. /
Amend further, Part IV, page 26, beginning on line 3, by striking Section 1-11-435, as contained in SECTION 6. H., and inserting:
/ "Section 1-11-435.
To protect the state's critical information technology
infrastructure and associated data systems in the event of a
major disaster, whether natural or otherwise, and to allow the
services to the citizens of this State to continue in such an
event, the Office Division of
the State Chief Information
Officer Technology in the Budget and Control
Board (CIO) should develop a Critical
Information Technology Infrastructure Protection Plan devising
policies and procedures to provide for the confidentiality,
integrity, and availability of, and to allow for alternative and
immediate online access to critical data and information systems
including, but not limited to, health and human services, law
enforcement, and related agency data necessary to provide
critical information to citizens and ensure the protection of
state employees as they carry out their disaster-related duties.
All state agencies and political subdivisions of this State are
directed to assist the Office of the State CIO
division in the collection of data required for this
plan." /
Amend further, Part IV, page 26, beginning on line 26, by striking Section 6. J. in its entirety.
Amend further, Part IV, beginning on page 29 and line 32, by striking Section 10-1-10, as contained in SECTION 6. L., and inserting:
/ Section 10-1-10. The State Budget
and Control Board Department of Administration
shall keep, landscape, cultivate, and beautify the State
House and State House grounds with authority to expend such
amounts as may be annually appropriated therefor. The
board department shall employ all help
and labor in policing, protecting, and caring for the
State House and State House grounds and shall have full
authority over them. /
Amend further, Part IV, beginning on page 30 and line 39, by striking Section 10-1-130, as contained in SECTION 6. M., and inserting:
/ "Section 10-1-130.
The trustees or governing bodies of state institutions and
agencies may grant easements and rights of way over any property
under their control, upon the recommendation of the
Department of Administration concurrence and
acquiescence of the State Budget and Control Board,
whenever it appears that such easements will
do not materially impair the utility of the property or
damage it and, when a consideration is paid therefor, any
such amounts shall must
be placed in the State Treasury to the credit of the institution
or agency having control of the property involved." /
Amend further, Part IV, page 31, beginning on line 10, by striking Section 10-1-190, as contained in Section 6. N., and inserting:
/ "Section 10-1-190.
As part of the approval process relating to trades of
state property for nonstate property, the Budget and
Control Board Department of Administration is
authorized to approve the application of any net proceeds
resulting from such a transaction to the improvement of the
property held by the board
department."/
Amend further, Part IV, page 38, beginning on line 1, by striking Section 10-11-50, as contained in SECTION 6. P., and inserting:
/ "Section 10-11-50. It shall be
unlawful for anyone to park any vehicle on any of the property
described in Section 10-11-40 and subsection (2) of Section
10-11-80 except in the spaces and manner now marked and
designated or that may hereafter be marked and designated by the
State Budget and Control Board Department of
Administration, in cooperation with the Department of
Transportation, or to block or impede traffic through the alleys
and driveways." /
Amend further, Part IV, page 39, beginning on line 6, by striking Section 10-11-140, as contained in SECTION 6. S., and inserting:
/ "Section 10-11-140. Nothing contained in this article shall be construed to abridge the authority of the State Budget and Control Board or the Department of Administration to grant permission to use the State House grounds for educational, electrical decorations, and similar purposes." /
Amend further, Part IV, page 40, beginning on line 6, by striking Section 11-9-630, as contained in SECTION 6. U., and inserting:
/ Section 11-9-630. The
State Budget and Control Board Department of
Administration shall sell and convey, for and on behalf of
the State, all such real property, assets, and effects
belonging to the State as are not in actual public use, such
sales to be made from time to time in such manner and upon such
terms as it may deem most advantageous to the State. This shall
not be construed to authorize the sale by the
Board of any property held in trust for a specific
purpose by the State or the property of the State in the
phosphate rocks or phosphatic deposits in the beds of the
navigable streams and waters and marshes of the State.
Whenever the value of the property, assets, or effects
exceeds one million dollars, the power to sell or convey shall
instead reside with the Budget and Control Board." /
Amend further, Part IV, page 41, beginning on line 29, by striking Section 11-35-3840, as contained in SECTION 6. V., and inserting:
/ Section 11-35-3840.
The State Budget and Control Board
Department of Administration may license for public sale
publications, including South Carolina Business Opportunities,
materials pertaining to training programs, and information
technology products that are developed during the normal course
of the board's its activities. The
items must be licensed at reasonable costs established in
accordance with the cost of the items. All proceeds from the
sale of the publications and materials must be placed in a
revenue account and expended for the cost of providing the
services. /
Amend further, Part IV, beginning on page 41 and line 39, by striking SECTION 6. W in its entirety.
Amend further, Part IV, page 43, beginning on line 23, by striking Section 13-7-830, as contained in SECTION 6. X., and inserting:
/ "Section 13-7-830.
The recommendations described in Section 13-7-620 shall be
made available to the General Assembly, the Governor,
and the Budget and Control Board, and the
Department of Administration." /
Amend further, Part IV, beginning on page 60 and line 39, by striking Section 48-52-410, as contained in SECTION 6. FF., and inserting:
/ "Section 48-52-410. There is
established the State Energy Office within the State
Budget and Control Board Department of
Administration which shall serve as the principal energy
planning entity for the State. Its primary purpose is to
develop and implement a well-balanced energy strategy and to
increase the efficiency of use of all energy sources throughout
South Carolina through the implementation of the Plan for State
Energy Policy. The State Energy Office must not function as a
regulatory body." /
Amend further, Part V, page 62, beginning on line 32, by striking SECTION 8 in its entirety and inserting:
/ SECTION 8. Unless otherwise provided, Sections 1 through 4 and 6 through 8 take effect July 1, 2011. Notwithstanding the above, Part III of this act containing Section 5 relating to the Legislative Oversight of Executive Departments takes effect January 1, 2012. The General Assembly shall undertake a joint oversight review investigation of the Department of Administration during the department's fifth year of operation. /
Renumber items, subsections, and sections to conform.
Amend title to conform.