View Amendment Current Amendment: 1 to Bill 3066 The JUDICIARY COMMITTEE proposes the following Amendment No. 1 to H. 3066 (COUNCIL\DKA\3498SD11):

Reference 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.