117.4. (GP:
Descriptive Proviso Titles) Descriptive proviso titles listed in this act are
for purposes of identification only and are not to be considered part of the
official text.
117.5. (GP: Judicial
& Involuntary Commitment, Defense of Indigents) It is the responsibility
of all agencies, departments and institutions of state government, to provide
at no cost and as a part of the regular services of the agency, department or
institutions such services as are necessary to carry out the provisions of
Chapter 52, Title 44 (Involuntary Commitment), Article 7, Chapter 17, Title 44
of the 1976 Code (Judicial Commitment), Chapter 3, Title 17 of the 1976 Code
(Defense of Indigents), and Article 1, Chapter 3, Title 16 of the 1976 Code
(Death Penalty), as amended, upon request of the Judicial Department and/or the
appropriate court. To this end, state agencies are directed to furnish to the
Judicial Department a list of their employees who are competent to serve as
court examiners. The Judicial Department shall forward a copy of this list to
the appropriate courts, and the courts shall utilize the services of such state
employees whenever feasible. State employees shall receive no additional
compensation for performing such services. For the purpose of interpreting
this section, employees of the Medical University of South Carolina and
individuals serving an internship or residency as an academic requirement or
employees who are not full-time state employees and who are not performing
duties as state employees are not considered state employees.
117.6. (GP: Case
Service Billing Payments Prior Year) Agencies appropriated case services funds
who routinely receive prior year case service billings after the old fiscal
year has been officially closed are authorized to pay these case service
obligations with current funds. This authorization does not apply to billings on
hand that have been through a timely agency payment approval process when the
old fiscal year closes.
117.7. (GP: Fee
Increases) (A) No state agency, department, board, committee, commission, or
authority, may increase an existing fee for performing any duty,
responsibility, or function unless the fee for performing the particular duty,
responsibility, or function is authorized by statutory law and set by
regulation except as provided in this paragraph.
(B) This paragraph does
not apply to:
(1) state-supported
governmental health care facilities;
(2) state-supported
schools, colleges, and universities;
(3) educational,
entertainment, recreational, cultural, and training programs;
(4) the State Board
of Financial Institutions;
(5) sales by state
agencies of goods or tangible products produced for or by these agencies;
(6) charges by state
agencies for room and board provided on state-owned property;
(7) application fees
for recreational activities sponsored by state agencies and conducted on a draw
or lottery basis;
(8) court fees or
fines levied in a judicial or adjudicatory proceeding;
(9) the South
Carolina Public Service Authority or the South Carolina Ports Authority.
(C) This paragraph does
not prohibit a state agency, department, board, committee, or commission from
increasing fees for services provided to other state agencies, departments,
boards, committees, commissions, political subdivisions, or fees for health
care and laboratory services regardless of whether the fee is set by statute.
(D) Statutory law for
purposes of this paragraph does not include regulations promulgated pursuant to
the State Administrative Procedures Act.
117.8. (GP: State
Institutions - Revenues & Income) The University of South Carolina, Clemson
University, the Medical University of South Carolina (including the Medical
University Hospital), The Citadel, Winthrop University, South Carolina State
University, Francis Marion University, University of Charleston, Lander
University, Coastal Carolina University, and the Wil Lou Gray Opportunity
School shall remit all revenues and income, collected at the respective
institutions, to the State Treasurer according to the terms of Section 117.1 of
this act, but all such revenues or income so collected, except fees received as
regular term tuition, matriculation, and registration, shall be carried in a
special continuing account by the State Treasurer, to the credit of the
respective institutions, and may be requisitioned by said institutions, in the
manner prescribed in Section 11-3-185 of the 1976 Code, and expended to fulfill
the purpose for which such fees or income were levied, but no part of such
income shall be used for permanent improvements without the express written
approval of the Budget and Control Board and the Joint Legislative 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 necessary to supply the service, or
fulfill the purpose for which such fee or income was charged. Notwithstanding
other provisions of this act, funds at state institutions of higher learning
derived wholly from athletic or other student contests, from the activities of
student organizations, and from the operations of canteens and bookstores, and
from approved Private Practice plans at institutions and affiliated agencies
may be retained at the institution and expended by the respective institutions
only in accord with policies established by the institution’s Board of
Trustees. Such funds shall be audited annually by the State but the provisions
of this act concerning unclassified personnel compensation, travel, equipment
purchases and other purchasing regulations shall not apply to the use of these
funds.
117.9. (GP: Transfers
of Appropriations) Agencies and institutions shall be authorized to transfer
appropriations within programs and within the agency with notification to the
Division of Budget and Analyses and Comptroller General. No such transfer may
exceed twenty percent of the program budget. Upon request, details of such
transfers may be provided to members of the General Assembly on an agency by
agency basis. Transfers of appropriations from personal service accounts to
other operating accounts or from other operating accounts to personal service
accounts may be restricted to any established standard level set by the Budget
and Control Board upon formal approval by a majority of the members of the
Budget and Control Board.
117.10. (GP: Federal
Funds - DHEC, DSS, DHHS - Disallowances) Amounts appropriated to the
Department of Health and Environmental Control, Department of Social Services
and Department of Health and Human Services may be expended to cover program
operations of prior fiscal years where adjustment of such prior years are
necessary under federal regulations or audit exceptions. All disallowances or
notices of disallowances by any federal agency of any costs claimed by these
agencies shall be submitted to the State Auditor, the Senate Finance Committee
and the House Ways and Means Committee, within five days of receipt of such
actions.
117.11. (GP: Fixed
Student Fees) During the current fiscal year, student fees at the state
institutions of higher learning shall be fixed by the respective Boards of
Trustees as follows:
(1) Fees applicable to
student housing, dining halls, student health service, parking facility,
laundries and all other personal subsistence expenses shall be sufficient to
fully cover the total direct operating and capital expenses of providing such
facilities and services over their expected useful life except those operating
or capital expenses related to the removal of asbestos.
(2) Student activity fees
may be fixed at such rates as the respective Boards shall deem reasonable and necessary.
117.12. (GP: Tech
Educ. Colleges Student Activity Fees) Notwithstanding any other provisions of
this act, funds at technical education colleges derived wholly from the
activities of student organizations and from the operations of canteens and
bookstores may be retained by the college and expended only in accord with
policies established by the respective college’s area commission and approved
by the State Board for Technical and Comprehensive Education.
117.13. (GP: SC
Health & Human Services Data Warehouse) There is hereby established within
the Office of Research and Statistics Division, South
Carolina Budget and Control Board, the South Carolina Health and Human Services
Data Warehouse. The purpose of the Warehouse is to ensure that the operation
of health and human services agencies may be enhanced by coordination and
integration of client information. Client data is defined as person-level data
that is created, received, and/or maintained by state agencies and other
entities required to report client information to the Office of Research
and Statistics Division under this provision. To integrate
client information, client data from health and human services state agencies
will be linked to improve client outcome measures, enabling state agencies to
analyze coordination and continuity of care issues. The addition of these data
will enhance existing agency systems by providing client data from other state
agency programs to assist in the provision of client services. Certain client
information shall be delivered to the Office of Research and Statistics Division
in order to assist in the development and maintenance of this Warehouse. The
following agencies shall report client information:
• Departments of
1. Health and Human
Services;
2. Health and
Environmental Control;
3. Mental Health;
4. Alcohol and Other
Drug Abuse Services;
5. Disabilities and
Special Needs;
6. Social Services;
7. Vocational
Rehabilitation;
8. Education;
9. Juvenile Justice;
10. Corrections;
11. Probation, Parole
and Pardon Services;
• Office of the Governor
1. Children’s Foster
Care Review Board;
2. Continuum of
Care;
• Office of the Lieutenant
Governor, Division on Aging;
• South Carolina School for
the Deaf and the Blind;
• Commission for the Blind,
and
• Other entities as deemed
necessary by the Office of Research and Statistics Division.
These agencies and
departments shall collect and provide client data in formats and schedules to
be specified by the Office of Research and Statistics Division
(Office Division). The Office Division
shall establish a Memorandum of Agreement with each agency, department or
division. These Memorandums of Agreement shall specify, but are not limited
to, the confidentiality of client information, the conditions for the release
of data that may identify agencies, departments, divisions, programs and
services, or clients, any restrictions on the release of data so as to be
compliant with state and federal statutes and regulations on confidentiality of
data, conditions under which the data may be used for research purposes, and
any security measures to be taken to insure the confidentiality of client
information.
To ensure accountability and
the coordinated, efficient delivery of health and human services, the Office
Division shall implement, in consultation with state health and
human services agencies and other entities as deemed necessary by the Office
Division, an integrated data system that includes client data
from all participating agencies.
In order to provide for
inclusion of other entities into the South Carolina Health and Human Services
Data Warehouse and other research and analytic-oriented applications that will
assist the state in the efficient and effective provision of services, the Office
Division shall have the authority to enter into agreements or
transactions with any federal, state or municipal agency or other public
institution or with any private individual, partnership, firm, corporation,
association or other entity to provide statistical, research and information
dissemination services including, but not limited to, program and outcomes
evaluation, program monitoring/surveillance, projects to determine the
feasibility of data collection and/or analyses, information dissemination and
research. The confidentiality of data collected under these initiatives shall comply
with applicable state and federal laws governing the privacy of data. The
Office shall have the power to promulgate regulations, policies and procedures,
in consultation with the participating agencies, for the development,
protection and operation of the Data Warehouse, other research and
analytic-oriented applications, and their underlying processes.
The Office Division
shall develop internet-accessible secure analytic query tools (such as analytic
cubes) using integrated client data from the Warehouse. All agencies shall
cooperate with the Office Division in the development of
these analytic tools. It is the intent of this provision that the analytic
tools developed under this provision shall be made available to members of the
South Carolina General Assembly and their research staff members, state
agencies, and researchers. To that end, the Office Division
shall, in consultation with the participating agencies, promulgate regulations
addressing access to and use and release of information generated through use
of the query tools.
All state agencies
participating in the Warehouse shall utilize it and its associated software
applications in the day-to-day operation of their programs and for
coordination, collaboration, program evaluation and outcomes analysis. The
Department of Health and Environmental Control shall be exempt from usage of
the integrated client management system and the analytic query tools in the
day-to-day operation of their Client Automated Record and Encounter System and
their South Carolina Community Assessment Network, but shall provide the
Warehouse with client data from the system and network.
No state agency shall
duplicate any of the responsibilities of this provision.
For purposes of this
subsection, all state laws, regulations, or any rule of any state agency,
department, board, or commission having the effect or force of law that
prohibits or is inconsistent with any provision of this subsection is hereby
declared inapplicable to this subsection.
117.14. (GP:
Discrimination Policy) It is the policy of the State of South Carolina to
recruit, hire, train, and promote employees without discrimination because of
race, color, sex, national origin, age, religion or physical disability. This
policy is to apply to all levels and phases of personnel within state
government, including but not limited to recruiting, hiring, compensation,
benefits, promotions, transfers, layoffs, recalls from layoffs, and
educational, social, or recreational programs. It is the policy of the State
to take affirmative action to remove the disparate effects of past
discrimination, if any, because of race, color, sex, national origin, age,
religion or physical disability.
Each state agency shall
submit to the State Human Affairs Commission employment and filled vacancy data
by race and sex by October thirty-first, of each year.
In accordance with Section
1-13-110 of the South Carolina Code of Laws of 1976, as amended, the Human
Affairs Commission shall submit a report on the status of state agencies’
Affirmative Action Plans and Programs to the General Assembly by February 1
each year. 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 period,
a breakdown by race and sex of those hired or promoted from within the agency
during the reporting period, and an indication of whether affirmative action
goals were achieved. For each job group referenced in the Human Affairs
report, where the hiring of personnel does not reflect the percentage goals
established in the agency’s affirmative action plan for the year in question,
the state agency shall submit a detailed explanation to the Human Affairs
Commission by February fifteenth, explaining why goals were not achieved.
The Human Affairs Commission
shall review the explanations and notify the Budget and Control Board of any
agency not in satisfactory compliance with meeting its stated goals.
The Budget and Control Board
shall notify any agency not in compliance that their request for additional
appropriations for the current appropriation cycle, may not be processed until
such time as the Budget and Control Board, after consultation with the Human
Affairs Commission, is satisfied that the agency is making a good faith effort to
comply with its affirmative action plan, and that the compliance must be
accomplished within a reasonable length of time to be determined by the mission
and circumstances of the agency. This requirement shall not affect additional
appropriation requests for public assistance payments or aid to entities. This
section does not apply to those agencies that have been exempted from the
reporting requirements of the Human Affairs Commission.
117.15. (GP:
Personal Service Reconciliation, FTEs) In order to provide the necessary
control over the number of employees, the Budget and Control Board is hereby
directed to maintain close supervision over the number of state employees, and
to require specifically the following:
1. That no state agency
exceed the total authorized number of full-time equivalent positions and those
funded from state sources as provided in each section of this act except by
majority vote of the Budget and Control Board.
2. That the Budget and
Control Board shall maintain and make, as necessary, periodic adjustments
thereto, an official record of the total number of authorized full-time
equivalent positions by agency for state and total funding sources.
(a) That within
thirty (30) days of the passage of the Appropriation Act or by August first,
whichever comes later, each agency of the State must have established on the
Budget and Control Board records all positions authorized in the Act. After
that date, the Board shall delete any non-established positions immediately
from the official record of authorized full-time equivalent positions. No
positions shall be established by the board in excess of the total number of
authorized full-time equivalent positions. Each agency may, upon notification
to the Budget and Control Board, change the funding source of state FTE
positions established on the Budget and Control Board records as necessary to
expend federal and other sources of personal service funds to conserve or stay
within the state appropriated personal service funds. No agency shall change
funding sources that will cause the agency to exceed the authorized number of
state or total full-time equivalent positions. Each agency may transfer FTEs
between programs as needed to accomplish the agency mission.
(b) That by
September thirtieth, the board shall prepare a personal service analysis, by
agency, which shows the number of established positions for the fiscal year and
the amount of funds required, by source of funds, to support the FTE’s for the
fiscal year at a funding level of one hundred percent. The board shall then
reconcile each agency’s personal service detail with the agency’s personal
service appropriation as contained in the Act adjusted for any pay increases
and any other factors necessary to reflect the agency’s personal service
funding level. The board shall provide a copy of each agency’s personal
service reconciliation to the Senate Finance and House Ways and Means
Committees.
(c) That any
position which is shown by the reconciliation to be unfunded or significantly
underfunded may be deleted at the direction of the Budget and Control Board.
3. That full-time
equivalent (FTE) positions shall be determined under the following guidelines:
(a) The annual work
hours for each FTE shall be the agency’s full-time standard annual work hours.
(b) The state FTE
shall be derived by multiplying the state percentage of budgeted funds for each
position by the FTE for that position.
(c) All institutions
of higher education shall use a value of 0.75 FTE for each position determined
to be full-time faculty with a duration of nine (9) months.
The FTE method of accounting
shall be utilized for all authorized positions.
4. That the number of
positions authorized in this act shall be reduced in the following circumstances:
(a) Upon request by
an agency.
(b) When anticipated
federal funds are not made available.
(c) When the Budget
and Control Board, through study or analysis, becomes aware of any
unjustifiable excess of positions in any state agency.
5. That the Budget and
Control Board shall annually reconcile personal service funds with full-time
employee count. Unfunded positions will be eliminated no later than January
fifteenth of the current fiscal year unless specifically exempted elsewhere in
this act or by the Budget and Control Board. The Budget and Control Board must
report the full-time employee count and unfunded position status to the Senate
Finance Committee and the Ways and Means Committee by February first of the
current fiscal year.
6. That no new permanent
positions in state government shall be funded by appropriations in acts
supplemental to this act but temporary positions may be so funded.
7. That the provisions of
this section shall not apply to personnel exempt from the State Classification
and Compensation Plan under item I of Section 8-11-260 of the 1976 Code.
The Governor, in making his
appropriation recommendations to the Ways and Means Committee, must provide
that the level of personal service appropriation recommended for each agency is
at least ninety-seven percent of the funds required to meet one hundred percent
of the funds needed for the full-time equivalents positions recommended by the
Governor (exclusive of new positions).
117.16. (GP:
Allowance for Residences & Compensation Restrictions) That salaries paid
to officers and employees of the State, including its several boards,
commissions, and institutions shall be in full for all services rendered, and
no perquisites of office or of employment shall be allowed in addition thereto,
but such perquisites, commodities, services or other benefits shall be charged
for at the prevailing local value and without the purpose or effect of
increasing the compensation of said officer or employee. The charge for these
items may be payroll deducted at the discretion of the Comptroller General or
the chief financial officer at each agency maintaining its own payroll system.
This shall not apply to the Governor’s Mansion, nor to guards at any of the
state’s penal institutions and nurses and attendants at the Department of
Disabilities and Special Needs, and registered nurses providing clinical care
at the MUSC Medical Center, nor 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 full-time or part-time staff who work after regular working
hours in the SLED Communications Center or Maintenance Area, nor to adult staff
at the Governor’s School for Science and Mathematics and the Governor’s School
for Arts and Humanities who are required to stay on campus by the institution
because of job requirements or program participation. Any state institution of
higher learning may provide complimentary membership privileges to employees
who work at their wellness centers. The presidents of those state institutions
of higher learning authorized to provide on-campus residential facilities for
students may be permitted to occupy residences on the grounds of such
institutions without charge.
Any state institution of
higher learning may provide a housing allowance to the president in lieu of a
residential facility, the amount to be approved by the Budget and Control
Board.
That the following may be
permitted to occupy residences owned by the respective departments without
charge: the Farm Director, Farm Managers, and Specialists employed at the
Wateree River Correctional Institution; the South Carolina State Commission of
Forestry fire tower operators, forestry aides, and caretaker at central
headquarters; the Department of Natural Resources’ Game Management Personnel,
Fish Hatchery Superintendents Personnel, Lake
Superintendent, and Fort Johnson Superintendent; the Department of Parks,
Recreation and Tourism field personnel in the State Parks Division; Director of
Wil Lou Gray Opportunity School; President of the School for the Deaf and the
Blind; houseparents for the Commission for the Blind; South Carolina Department
of Health and Environmental Control personnel at the State Park Health Facility
and Camp Burnt Gin; Residence Life Coordinators at Lander University; Residence
Life Directors, temporary and transition employees, student interns, and
emergency personnel at Winthrop University; Farm Superintendent at Winthrop
University; Residence Hall Directors at the College of Charleston; the
Department of Disabilities and Special Needs’ physicians and other
professionals at Whitten Center, Clemson University Off-Campus Agricultural
Staff and Housing Area Coordinators; and TriCounty Technical College’s Bridge
to Clemson Resident and Area Directors. Except in the case of elected
officials, the fair market rental value of any residence furnished to a state
employee shall be reported by the state agency furnishing the residence to the
Agency Head Salary Commission, and the Division of Budget and Analyses by
October first, of each fiscal year.
All salaries paid by
departments and institutions shall be in accord with a uniform classification
and compensation plan, approved by the Budget and Control Board, applicable to
all personnel of the State Government whose compensation is not specifically
fixed in this act. Such plan shall include all employees regardless of the
source of funds from which payment for personal service is drawn. The Division
of Budget and Analyses of the Budget and Control Board is authorized to approve
temporary salary adjustments for classified and unclassified employees who
perform temporary duties which are limited by time and/or funds. When
approved, a temporary salary 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 personnel of the institutions of higher learning and other
individual or group of positions that cannot practically be covered by the plan
may be excluded therefrom but their compensations as approved by the Division
of Budget and Analyses shall, nevertheless, be subject to review by the Budget
and Control Board. Salary appropriations for employees fixed in this act shall
be in full for all services rendered, and no supplements from other sources
shall be permitted or approved by the Budget and Control Board. With the
exception of travel and subsistence, legislative study committees shall not
compensate any person who is otherwise employed as a full-time state 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 any agency head
whose salary is not so fixed. As long as there is no impact on appropriated
funds, state agencies and institutions shall be allowed to spend public funds
and/or other funds for designated employee award programs which shall have
written criteria approved by the agency governing board or commission. For
purposes of this section, monetary awards, if any, shall not be considered a
part of an employee’s base salary, a salary supplement, or a perquisite of
employment. The names of all employees receiving monetary awards and the
amounts received shall be reported annually to the South Carolina Division of
Budget and Analyses.
In the case of lodging
furnished by certain higher education institutions to employees, the prevailing
local rate does not apply if the institution meets the exceptions for
inadequate rent described in the current Internal Revenue Code Section
119(d)(2). To meet the exception, rental rates must equal the lesser of five
percent of the appraised value of the qualified campus lodging, or the average
of the rentals paid by individuals (other than employees or students of the
educational institution) during the calendar year for lodging provided by the
educational institution which is comparable to the qualified campus lodging
provided to the employee, over the rent paid by the employee for the qualified
campus lodging during the calendar year. The appraised value shall be
determined as of the close of the 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 year in which the period begins.
117.17. (GP:
Universities & Colleges - Allowance for Presidents) Presidents of the
University of South Carolina, Clemson University, the Medical University of South
Carolina, The Citadel, Winthrop University, South Carolina State University,
Francis Marion University, University of Charleston, Coastal Carolina
University and Lander University must not be paid a fixed allowance for
personal expenses incurred in connection with the performance of their official
duties. Reimbursements may be made to the presidents from funds available to
their respective institutions for any personal expenses incurred provided that
all requests for reimbursement are supported by properly documented vouchers
processed through the normal accounting procedures of the institutions.
117.18. (GP:
Replacement of Personal Property) The Department of Juvenile Justice,
Department of Corrections, Department of Probation, Parole and Pardon Services,
Department of Mental Health, Department of Disabilities and Special Needs,
Continuum of Care, Department of Social Services and School for the Deaf and
the Blind may replace the personal property of an employee which has been
damaged or destroyed by 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 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 head to
be reasonable in value, and necessary for the employee to carry out the
functions and duties of his employment. Replacement of damaged or destroyed
items shall not exceed $250 per item, per incident. Each agency must have guidelines
to insure the reasonableness of the replacement payments.
117.19. (GP:
Business Expense Reimbursement) Agency heads and deputy commissioners or
deputy directors designated by agency heads may receive reimbursements for
business expenses incurred while performing their official duties, provided
that receipts are presented when seeking reimbursement and justification is
submitted to document the time, place, and purpose of the expense as well as
the names of the individuals involved. The Budget and Control Board shall
promulgate regulations governing these expenses.
117.20. (GP: Per
Diem) The per diem allowance of all boards, commissions and committees shall
be at the rate of thirty-five ($35) dollars per day. No full-time officer or
employee of the State shall draw any per diem allowance for service on such
boards, commissions or committees.
117.21. (GP: Travel
- Subsistence Expenses & Mileage) Travel and subsistence expenses, whether
paid from state appropriated, federal, local or other funds, shall be allowed
in accordance with the following provisions:
(A) Unless otherwise
provided in paragraphs B through H of this section, all employees of the State
of South Carolina or any agency thereof including employees and members of the
governing bodies of each technical college while traveling on the business of
the State shall, upon presentation of a paid receipt, be allowed reimbursement
for actual expenses incurred for lodging, not to exceed the current maximum
lodging rates, excluding taxes, established by the U.S. General Services
Administration. The lodging reimbursement for employees of a school district
must also conform to these rates when that employee's travel reimbursement is
paid by state funds that are transferred to the school district. Agencies may
contract with lodging facilities to pay on behalf of an employee. Failure to
maintain proper control of direct payments for lodging may result in the
revocation of the agency’s authority by the Comptroller General or the State
Auditor. The employee shall also be reimbursed for the actual expenses
incurred in the obtaining of meals except that such costs shall not exceed $25
per day within the State of South Carolina. For travel outside of South
Carolina the maximum daily reimbursement for meals shall not exceed $32.
Agencies may contract with food or dining facilities to pay for meals on behalf
of employees in accordance with rules and regulations established by the Budget
and Control Board. It shall be the responsibility of the agency head to
monitor the charges for lodging which might be claimed by his employees in
order to determine that such charges are following maximum lodging rates as
established by the U.S. General Services Administration. Any exceptions must
have the written approval of the agency head, taking into consideration
location, purpose of travel or other extenuating circumstances. The provisions
of this item shall not apply to Section 42-3-40 of the 1976 Code, and when
pertaining to institutions of higher learning, for travel paid with funds other
than General Funds.
(B) That employees of the
State, when traveling outside the United States, Canada, and Puerto Rico upon
promotional business for the State of South Carolina shall be entitled to
actual expenses for both food and lodging.
(C) The Governor,
Lieutenant Governor, Secretary of State, Comptroller General, Attorney General,
State Treasurer, Adjutant General, Superintendent of Education and the
Commissioner of Agriculture shall be reimbursed actual expenses for
subsistence.
(D) Non-legislative members
of committees appointed pursuant to Acts and Resolutions of the General
Assembly whose membership consists solely of members of the General Assembly or
members of the General Assembly and other personnel who are not employees of
the State of South Carolina shall be allowed subsistence expenses of $35 per
day while traveling on official business, unless otherwise designated by law.
Members of such committees may opt to receive actual expenses incurred for
lodging and actual expenses incurred in the obtaining of meals in lieu of the
allowable subsistence expense.
(E) Members of the state
boards, commissions, or committees whose duties are not full-time and who are
paid on a per diem basis, shall be allowed reimbursement for actual expenses
incurred at the rates provided in paragraph A and I of this section while away
from their places of residence on official business of the State. One person
accompanying a handicapped member of a state board, commission, or committee on
official business of the State shall be allowed the same reimbursement for
actual expenses incurred at the rates provided in paragraph A through I of this
section.
(F) No subsistence
reimbursement shall be allowed to a Justice of the Supreme Court or Judge of
the Court of Appeals while traveling in the county of his official residence.
When traveling on official business of said court within fifty miles outside
the county of his official residence, a Supreme Court Justice and a Judge of the
Court of Appeals shall be allowed subsistence expenses in the amount of $35 per
day plus such mileage allowance for travel as is provided for other employees
of the State. When traveling on official business of said court fifty or more
miles outside the county of his official residence, each Justice and Judge of
the Court of Appeals shall be allowed subsistence expenses in the amount as
provided in this act for members of the General Assembly plus such mileage
allowance for travel as is provided for other employees of the State. The
Chief Justice, or such other person as the Chief Justice designates, while
attending the Conference of Chief Justices and one member of the Supreme Court
while attending the National Convention of Appellate Court Judges, and three
Circuit Judges while attending the National Convention of State Trial Judges
shall be allowed actual subsistence and travel expenses.
Upon approval of the Chief
Justice, Supreme Court Justices, Judges of the Court of Appeals, Circuit
Judges, and Family Court Judges shall be reimbursed for actual expenses
incurred for all other official business requiring out-of-state expenses at the
rate provided in paragraph A of this section.
(G) No subsistence
reimbursements are allowed to a Circuit Judge, a Family Court Judge, or an
Administrative Law Judge while holding court within the county in which he
resides. While holding court or on other official business outside the county,
within fifty miles of his residence, a Circuit Court Judge, Family Court Judge,
or an Administrative Law Judge is entitled to a subsistence allowance in the
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 other official
business at a location fifty miles or more from his residence, a Circuit Court,
Family Court or Administrative Law Judge is entitled to a subsistence allowance
in the amount as provided in this act for members of the General Assembly plus
such mileage allowance for travel as is provided for other employees of the
State.
(H) Any retired Justice,
Circuit Court Judge or Family Court Judge or Master-in-Equity appointed by the
Supreme Court to serve as a Special Circuit Judge, Family Court Judge, Appeals
Court Judge, or Acting Associate Justice shall serve without pay but shall
receive the same allowance for subsistence, expenses, and mileage as provided
in Part I for Circuit Court Judges.
(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 is employed except as provided in
paragraph E, of this section. When an employee is assigned to work a
particular territory or district, and such territory or district and his
official headquarters are in different localities or sections of the State,
expenses may be allowed for the necessary travel to his official headquarters.
The members of the Workers’ Compensation Commission may be reimbursed at the
regular mileage rate of one round trip each week from their respective homes to
Columbia. No subsistence reimbursement shall be allowed to a member of the
Workers’ Compensation Commission while traveling in the county of his official
residence. When traveling on official business of the commission outside the
county of his official residence, a member of the Workers’ Compensation
Commission shall be allowed subsistence expenses in the amount of $35 per day.
When traveling on official business of the commission fifty or more miles
outside the county of his official residence, each member shall be allowed a
subsistence allowance in the amount as provided in this act for members of the
General Assembly. When out-of-state, members of the Workers’ Compensation
Commission and the members of the Appellate Panel of the Department of
Employment and Workforce may claim the established amount of per diem, as
stated in the General Appropriation Act, or actual expenses as deemed
reasonable by the Comptroller General. The members of the Appellate Panel of
the Department of Employment and Workforce may be reimbursed at the regular
mileage rate when the member is on official business fifty miles or more
outside of Columbia. The members of the Appellate Panel of the Department of
Employment and Workforce shall be allowed subsistence allowance in the amount
as provided in this act for members of the General Assembly when the member is
on official business fifty miles or more outside of Columbia.
(J) When an employee of
the State shall use his or her personal automobile in traveling on necessary
official business, a charge to equal the standard business mileage rate as
established by the Internal Revenue Service will be allowed for the use of such
automobile and the employee shall bear the expense of supplies and upkeep
thereof. The standard business mileage rate used in this calculation shall be
the current rate established by the Internal Revenue Service. Whenever state
provided motor pool vehicles are reasonably available and their use is
practical and an employee of the State shall request for his own benefit to use
his or her personal vehicle in traveling on necessary official business, a
charge of four cents per mile less than the standard business mileage rate as
established by the Internal Revenue Service will be allocated for the use of
such vehicle and the employee shall bear the expense of supplies and upkeep
thereof. The standard business mileage rate used in this calculation shall be
the current rate established by the Internal Revenue Service. When such travel
is by a state-owned automobile, the State shall bear the expense of supplies
and upkeep thereof but no mileage will be allowed. Agencies and employees are
directed to use state fueling facilities to the maximum extent possible, when
such use is cost beneficial to the State. When using commercial fueling
facilities, operators of State-owned vehicles are directed to use self-service
pumps. In traveling on the business of the State, employees are required to
use the most economical mode of transportation, due consideration being given
to urgency, schedules and like factors.
Mileage between an
employee’s home and his/her place of employment is not subject to
reimbursement. However, when an employee 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 reimbursement for actual mileage beginning at his/her
residence.
(K) That a state agency may
advance travel and subsistence expense monies to employees of that agency for
the financing of ordinary and necessary travel required in the conducting of
the business of the agency. The Budget and Control Board is directed to
develop and publish rules and regulations pertaining to the advancing of travel
expenses and no state agency shall make such advances except under the rules
and regulations as published. All advances for travel and subsistence monies
shall be repaid to the agency within thirty days after the end of the trip or
by July fifteenth, whichever comes first.
(L) That the state
institutions of higher learning are authorized to reimburse reasonable
relocation expenses for new employees when such reimbursements are considered
by the agency head to be essential to successful recruitment of professionally
competent staff members.
(M) The Budget and
Control Board is authorized to promulgate and publish rules and regulations
governing travel and subsistence payments.
(N) No state funds may be
used to purchase first class airline tickets.
117.22. (GP:
Organizations Receiving State Appropriations Report) Each organization
receiving a contribution in this act shall render to the state agency making
the contribution by November first of the fiscal year in which funds are
received, an accounting of how the state 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 statement. The funds appropriated in this act for
contributions shall not be expended until the required financial statements are
filed with the appropriate state agency. No funds in this act shall be
disbursed to organizations or purposes which practice discrimination against
persons by virtue of race, creed, color or national origin. The State Auditor
shall review and audit, if necessary, the financial structure and activities of
each organization receiving contributions in this act and make a report to the
General Assembly of such review and/or audit, when requested to do so by the
Budget and Control Board.
117.23. (GP: State
Owned Aircraft - Maintenance Flight Logs) Each agency
having in its custody one or more aircraft shall maintain a continuing log on
all flights, which in order to promote accountability and transparency shall be
open for public inspection and shall also be posted online. Any and all aircraft
owned or operated by agencies of the State Government shall be used only for
official business. The Division of Aeronautics and other agencies owning and
operating aircraft may furnish transportation to the Governor, Constitutional
Officers, members of the General Assembly, members of state boards,
commissions, and agencies and their invitees for official business only; no
member of the General Assembly, no member of a state board, commission, or
committee, and no state official shall use any state owned or operated
aircraft of the Division of Aeronautics unless the member or official
files within forty-eight twenty-four hours after the time
of departure completion of the flight with the Division of
Aeronautics agency that provided the flight a sworn statement
certifying and describing the official nature of his trip; and no member of the
General Assembly, no member of a state board, commission or committee, and no
state official shall be furnished air transportation by a state agency other
than the Division of Aeronautics unless such agency prepares and maintains
in its files a sworn statement from the highest ranking official of the agency or
its designee certifying that the member’s or state official’s trip was
in conjunction with the official business of the agency. Official business
shall not include routine transportation to and from meetings of the General
Assembly or committee meetings for which mileage is authorized. Official
business also does not include attending a press conference, bill signing, or
political function.
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 agency. All passengers shall be listed on the
flight log by their legal name; passengers flying with an appropriate official
of SLED or the Department of Commerce whose confidentiality must, in the
opinion of SLED or the department, be protected shall be listed in writing on
the flight log as “Confidential Passenger SLED or the Department of Commerce
(strike one)” and the appropriate official of SLED or the department shall
certify to the agency operating the aircraft the necessity for such
confidentiality. The Division of Aeronautics shall post its flight logs on its
website within one working day of completion of trips.
Violation of the above
provisions of this section is prima facie evidence of a violation of Section
8-13-700(A) of the 1976 Code and shall subject a violating member of the
General Assembly to the ethics procedure of his appropriate house and shall
subject a violating member of a state board, commission or committee, or a
state official to the applicable ethics procedure relating to them as provided
by law. The above provisions do not apply to state owned or operated
aircraft of the Division of Aeronautics when used by the Medical
University of South Carolina, nor to aircraft of the athletic department or
the educational foundations of any state-supported institution of higher
education, nor to law enforcement officers when flying on state owned aircraft
in pursuit of fugitives, missing persons, or felons or for investigation of
gang, drug, or other violent crimes.
Aircraft owned by agencies of
state government shall not be leased to individuals for their personal use.
117.24. (GP: Carry
Forward) Each agency is authorized to carry forward unspent general fund
appropriations from the prior fiscal year into the current fiscal year, up to a
maximum of ten percent of its original general fund appropriations less any
appropriation reductions for the current fiscal year. Agencies shall not
withhold services in order to carry forward general funds.
This provision shall be
suspended if necessary to avoid a fiscal year‑end general fund deficit.
For purposes of this proviso, the amount of the general fund deficit shall be
determined after first applying the Capital Reserve Fund provisions in Section
11-11-320(D) of the 1976 Code, and before any transfers from the General
Reserve. The amount of general funds needed to avoid a year-end deficit shall
be reduced proportionately from each agency’s carry forward amount.
Agencies which have separate
general fund carry forward authority must exclude the amount carried forward by
such separate authority from their base for purposes of calculating the ten
percent carry forward authorized herein. Any funds that are carried forward as
a result of this provision are not considered part of the base of
appropriations for any succeeding years.
117.25. (GP:
TEFRA-Tax Equity and Fiscal Responsibility Act) It is the intent of the
General Assembly that the State Medicaid Plan be amended to provide benefits
for disabled children as allowed by the Tax Equity and Fiscal Responsibility
Act (TEFRA) option. State agencies, including but not limited to, the
Department of Social Services - the Continuum of Care, the Department of Health
and Environmental Control, the Department of Mental Health, the Department of
Disabilities and Special Needs, and the Department of Health and Human Services
shall collectively review and identify existing state appropriations within
their respective budgets that can be used as state match to serve these
children. Such funds shall be used effective January 1, 1995 to implement
TEFRA option benefits. Agencies providing services under the provisions of
this paragraph must not spend less in the current fiscal year than expended in
the previous fiscal year.
117.26. (GP:
Frequent Flyer Premiums) State agencies and employees shall select air
carriers based on cost and time criteria, not on whether frequent flyer
premiums are given. State agencies should ensure that employees earning
frequent flyer premiums while traveling on state business use them to reduce
the cost of subsequent business travel whenever possible.
117.27. (GP: Prison
Industries) All agencies funded in this act, when procuring goods and
services, shall first consider contracting for services or purchasing goods and
services through the Department of Corrections’ Prison Industries Program. The
Department of Corrections shall furnish, upon request, to all agencies a
catalogue of goods and services provided by Prison Industries. The department
is hereby directed to develop and market a catalogue of Prison Industries
products for nationwide circulation.
117.28. (GP: Travel
Report) Annually on November first, the Comptroller General shall issue a
report on travel expenditures for the prior fiscal year which shall be
distributed to the Senate Finance Committee, the House Ways and Means
Committee, and the Statehouse Press Room. The Comptroller General may use up
to $500 of general fund appropriations for the purpose of providing copies to
the media or the public upon request. The report must contain a listing for
every agency receiving an appropriation in the annual General Appropriations
Act. The listing must show at a minimum the top ten percent of employees for
whom travel expenses and registration fees were paid within each agency, not to
exceed twenty-five employees per agency. Agencies should include position titles
for each of the top twenty-five travelers for each agency. Expenditures must
include state, federal and other sources of funds. Expenditures for in-state
and out-of-state registration fees (fees to attend conferences,
teleconferences, workshops, or seminars for training on a per person basis)
must be shown as a separate subtotal within the grand total for the individual
employees and the agency as a whole. The 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. Agencies should include a brief summary of the type of
travel the agency incurs. The Comptroller General may provide additional
information as deemed appropriate. The Comptroller General shall provide no
exceptions to this report in that the information contained is not considered
confidential or restricted for economic development purposes. However, further
disclosure of detailed information shall be restricted as provided for by law.
117.29. (GP: School
Technology Initiative) From the funds appropriated/authorized for the K-12
technology initiative, the Department of Education, in consultation with the
Budget and Control Board’s Division of State Information Technology, the State
Library, and the Educational Television
Commission, and a representative from the Education Oversight Committee,
shall administer the K-12 technology initiative funds. These funds are
intended to provide technology, encourage effective use of technology in K-12
public schools throughout the state, conduct cost/benefit analyses of the
various technologies, and should, to the maximum extent possible,
involve public-private sector collaborative efforts. Funds may also be used to
establish pilot projects for new technologies with selected school districts as
part of the evaluation process. K-12 technology initiative funds shall be
retained and carried forward to be used for the same purpose.
117.30. (GP: State
Operated Day Care Facilities Fees) Any state agency receiving funding in this
act and any higher education institution, including four-year institutions,
two-year institutions, and technical colleges, that operates an early childhood
development center or day care facility shall charge, at a minimum, fees that
are comparable to those charged by private day care facilities in the local
community. The institution or agency shall not restrict enrollment in the
center solely to the children of faculty, staff, and students of the
institution; nor shall fees be set at a lower level for faculty, staff, or
students of the institution or agency.
117.31. (GP: Base
Budget Analysis) Agencies’ annual accountability reports for the prior fiscal
year, as required in Section 1‑1-810, must be accessible to the Governor,
Senate Finance Committee, House Ways and Means Committee, and to the public on
or before September fifteenth, for the purpose of a zero-base budget analysis
and in order to ensure that the Agency Head Salary Commission has the
accountability reports for use in a timely manner. Accountability Report
guidelines shall require agencies to identify key program area descriptions and
expenditures and link these to key financial and performance results measures.
The Budget and Control Board is directed to develop a process for training
agency leaders on the annual agency accountability report and its use in
financial, organizational, and accountability improvement. Until
performance-based funding is fully implemented and reported annually, the state
supported colleges, universities and technical schools shall report in
accordance with Section 59-101-350.
117.32. (GP:
Collection on Dishonored Payments) In lieu of any other provision of law, any
state agency may collect a service charge as provided in Section 34-11-70 to
cover the costs associated with the processing and collection of dishonored
instruments or electronic payments where any amount is not paid by the drawee
due to insufficient funds on deposit with the bank or the person upon which it
was drawn when presented, or the instrument has an incorrect or insufficient
signature on it. Such funds shall be retained and expended by the agency in
accordance with this purpose and any unused amount shall carry forward to the
following fiscal year.
117.33. (GP: State
DNA Database) Funds collected by the South Carolina Department of Corrections,
the Department of Probation, Parole and Pardon, and Department of Juvenile
Justice to process DNA samples must be remitted to the State Law Enforcement
Division to offset the expenses incurred to operate the State DNA Database
program. SLED may retain, expend, and carry forward these funds. Any carry
forward funds resulting from the DNA Database program must be used solely to
operate the DNA Database program.
117.34. (GP:
Innovative Transportation) The Transportation Infrastructure Bank or the
Railroad Commission may make grants for developing innovative transportation
technology, such as light rail, mono-rail, or mono-beam.
117.35. (GP: Menu
Option Telephone Answering Devices) From the funds appropriated to state
agencies, state agencies and their departments shall not expend funds for any
type of menu option telephone answering device, unless the menu option system
provides the caller with access to a non-electronic attendant or automatically
transfers the caller to a non-electronic attendant. This requirement applies
during the hours of 8:30 a.m. until 5:00 p.m., Monday through Friday, excluding
holidays. This requirement does not apply to integrated voice response systems
that are specifically designed to exclude human interaction. No additional
personnel may be hired to implement the requirements of this provision.
117.36. (GP:
Voluntary Separation Incentive Program) State agencies may implement, in
consultation with the Human Resources Division of the Budget and Control Board,
a program to realign resources to include provisions for a separation incentive
payment for employees which may include the employer portion of health and
dental benefits not to exceed one year. Employees participating in such
program shall not be eligible to participate in the Teacher and Employee
Retention Incentive (TERI) program. Employees participating in such program
shall be considered to have voluntarily quit their employment without good
cause and be subject to the provisions of Section 41-35-120(1) of the South
Carolina Employment Security Law. Any program developed under this provision
will involve voluntary participation from employees and will be funded within
existing appropriations. The program must be approved by the agency head and
the Director of the Human Resources Division based on ability to demonstrate
recurring cost savings for realignment and/or permanent downsizing. State
agencies shall report the prior year’s results to the Budget and Control Board
by August fifteenth, of the current fiscal year. The Budget and Control Board,
upon request, shall report to the Senate Finance Committee and the House Ways
and Means Committee on these results.
117.37. (GP:
Alternative Commitment to Truancy) As part of its plan for an alternative
school, a school district receiving funds from the Department of Education for
an alternative school shall identify available alternatives to commitment for
children whose truancy is approaching the level of being referred to family
court. When proceeding under S.C. Code Section 59-65-50 to bring an individual
case before the family court, the school district must present this plan as
well as the district’s efforts with respect to the individual child to the
court. Each school district’s plan under this proviso shall include possible
assignment to alternative school for a non-attending child before petitioning
the court.
117.38. (GP: Debt
Collection Reports) Each state agency shall provide to the Chairmen of the
Senate Finance and House of Representatives Ways and Means Committees and
the Inspector General a report detailing the amount of its outstanding
debt and all methods it has used to collect that debt. This report is due by
the last day of February for the previous calendar year. For purposes of this
provision, outstanding debt means a sum remaining due and owed to a state
agency by a non-governmental entity for more than sixty (60) calendar days.
117.39. (GP: State
Funded Libraries - Web Filters) (A) A library receiving state funds,
directly, indirectly, by grant, or otherwise, other than a library at an
institution of higher learning, that has computers available for use by the
public or students, or both, must equip these computers with software
incorporating web-filtering technology designed to eliminate or reduce the
ability of the computer to access sites displaying pornographic pictures or
text. However, up to ten percent, and at least one, of the library’s computers
must be unfiltered. Each library’s governing officials shall determine the
physical location of any unfiltered computer(s). The library also must have a
written policy providing sanctions against a person who instructs or
demonstrates to another person how to bypass this web-filtering technology.
(B) State funds intended for
a library not in compliance with subsection (A) must be reduced by fifty
percent. Funds resulting from this reduction must be distributed among other
libraries that are in compliance with subsection (A).
117.40. (GP: Tobacco
Settlement Funds Carry Forward) State agencies are hereby authorized to retain
and carry forward any unexpended Tobacco Settlement Agreement funds from the
prior fiscal year into the current fiscal year and to expend such funds for the
same purpose.
117.41. (GP: Use Tax
Exemption) For the current fiscal year there is exempt from the use tax
imposed pursuant to Chapter 36, Title 12 of the 1976 Code the sales price of
tangible personal property purchased for use in private primary and secondary
schools, including kindergartens and early childhood education programs, which
are exempt from income taxes pursuant to Section 501(c)(3) of the Internal
Revenue Code. For the purposes of this item, the Internal Revenue Code means
Internal Revenue Code as described in Section 12-6-40 of the 1976 Code. This
exemption applies for sales occurring after 1995. No refund is due any
taxpayer of use tax paid on sales exempted by this paragraph.
117.42. (GP:
Personal Property Tax Relief Fund) For the current fiscal year, Section
12-37-2735 of the 1976 Code is suspended. If the Personal Property Tax
Exemption Sales Tax is imposed in a county and a sales tax rate of two percent
of gross proceeds of sales is insufficient to offset the property tax not collected,
sufficient amounts must be credited to the Trust Fund for Tax Relief
established pursuant to Section 11-11-150 of the 1976 Code to provide the
reimbursement to offset such a shortfall in the manner provided in Section
4-10-540(A) of the 1976 Code.
117.43. (GP: COG
Annual Report) Each Council of Government shall submit a report to the Senate
Finance Committee and the House Ways and Means Committee by December first each
year describing how the funds which they received from the State in the prior fiscal
year were expended.
117.44. (GP:
Governor’s Office, Veterans Affairs) Of the funds appropriated for the
Division of Veterans Affairs, the Director of the Division shall appoint an
additional claims representative within the Division of Veterans Affairs, who,
in addition to being charged with the duty of assisting all ex-servicemen,
regardless of the wars in which their service may have been rendered, in
filing, presenting, and prosecuting to final determination all claims which
they have for money compensation, hospitalization, training, and insurance
benefits under the terms of federal legislation, shall also specialize in the
specific needs and diseases associated with veterans of the Vietnam era. The
person appointed as a claims representative under this section must be versed
in federal legislation relating to these matters and the rules, regulations,
and practice of the Veterans Administration as created by Congress and his
appointment must be approved by the Governor.
Subject to the direction of
the director, and in addition to other duties prescribed in this section, the
claims representative appointed pursuant to this section may represent the
Division of Veterans Affairs on the South Carolina Agent Orange Advisory
Council and on the Hepatitis C Coalition established by the South Carolina
Department of Health and Environmental Control, assist the Division of Veterans
Affairs in carrying out its duties in connection with the Agent Orange
Information and Assistance program, represent the director in connection with
functions relating to Vietnam veterans, and perform other duties as may be
assigned by the director.
117.45. (GP: South
Carolina Recycling Initiative) To protect the public health and safety,
protect and preserve the environment of this State, and to recover resources
which have the potential for usefulness in the most environmentally safe,
economically feasible and cost effective manner, state agencies shall purchase
recycled steel unless the item cannot be acquired competitively at a reasonable
price.
117.46. (GP: Life
and Palmetto Fellows Scholarships Waiver Exemption) Any provision in
permanent law or in Part IB, Section 117 of this act, except that which is
specified for LIFE and Palmetto Fellows Scholarships, that would require
general fund appropriations other than what is specified in Part IA of this act
is waived for the current fiscal year.
117.47. (GP: Sole
Source Procurements) The Budget and Control Board shall evaluate and determine
whether the written determinations, explanations, and basis for sole source
procurements, pursuant to S.C. Code Section 11-35-1560, and emergency
procurements, pursuant to S.C. Code Section 11-35-1570, are legitimate and
valid reasons for awarding non-competitive contracts.
117.48. (GP: DMV
Data) The Department of Motor Vehicles shall provide access, in compliance
with all state and federal privacy protection statues, to the following data
and reports without charge to the South Carolina Department of Transportation:
(1) all collision data
and collision reports;
(2) registration
information used for toll enforcement; and
(3) driver records of
employees or prospective employees.
117.49. (GP: Parking
Fees) State agencies shall not impose additional parking fees or increases in
current fees for state employees during the current fiscal year. This
provision does not apply to any college or university.
117.50. (GP:
Constitutional Officer & Agency Head Voluntary Furlough) All
constitutional officers and agency heads may take up to thirty-six days
furlough in the current fiscal year. The officials will retain all
responsibilities and authority during the furlough. All monies saved from this
furlough may be retained by that agency and expended at the discretion of the
constitutional officer or agency head. During this furlough, the
constitutional officer or agency head shall be entitled to participate in the
same state benefits as otherwise available to them except for receiving their
salaries. As to those benefits which require employer and employee
contributions, the state agency will be responsible for making both employer
and employee contributions if coverage would otherwise be interrupted; and as
to those benefits which require only employee contributions, the constitutional
officer or agency head remains solely responsible for making those
contributions.
117.51. (GP: Tobacco
Funds) The Tobacco Settlement Revenue Management Authority may determine by
resolution that some or all of the amounts on deposit in the Healthcare Tobacco
Settlement Trust Fund established pursuant to Section 11-11-170, whether in the
form of principal or interest, may be used to refund bonds issued pursuant to
Chapter 49, Title 11, to purchase such bonds, directly or indirectly, and/or to
secure bonds issued to refund such bonds. Any amounts received by the
Authority pursuant to the preceding clause in excess of the amount required to refund
or purchase such bonds and all tobacco settlement receipts received by the
State pursuant to Section 11-49-130 must be deposited directly with the
Department of Health and Human Services for health care expenditures to achieve
the maximum Medicaid match.
117.52. (GP: Facility
Rental Fee) The Governor’s School for the Arts and Humanities, Governor’s
School for Science and Mathematics, Wil Lou Gray Opportunity School, and John
de la Howe School are authorized to charge, collect, expend and carry forward
fees charged for facility and equipment rental and registration.
117.53. (GP:
Insurance Claims) Any insurance reimbursement to an agency may be used to offset expenses related to
the claim. These funds may be
retained, expended, and carried forward.
117.54. (GP:
Organizational Charts) All
agencies, departments and institutions of state government shall furnish to the
Office of Human Resources Division (1) a current personnel
organizational chart annually no later than September 1 of the current fiscal
year, or upon the request of the Office Division and (2)
notification of any change to the agency’s organizational structure which
impacts an employee’s grievance rights within 30 days of such change. The
organizational chart shall be in a form prescribed by the Office of
Human Resources Division showing all authorized positions, class
title, class code, class slot position number and
indications as to whether such positions are filled or vacant. In addition,
the organizational chart shall clearly identify those employees who are exempt
from the State Employee Grievance Procedure Act.
117.55. (GP:
Agencies Affected by Restructuring) Upon restructuring of state agencies by
the General Assembly the Budget and Control Board is directed to work with
affected State agencies in order to phase-in operations of restructured
organizations during the current fiscal year. Restructured organizations
should be operating entirely under the revised structure no later than December
thirty-first, of the current fiscal year, unless otherwise directed by law.
The Board is further directed to work with the affected agencies in order to
identify and facilitate the transfer of any portion of their operations,
including transfer of funds during the current fiscal year, which is affected
by the restructured organization adopted by the General Assembly, but which has
not already been accomplished herein. Until sufficient changes can be made to
the State’s accounting system and the appointment of appropriate agency heads,
the Comptroller General and the State Treasurer shall allow those agencies
affected by restructuring to continue processing documents within the account
structure existing on June thirtieth, of the prior fiscal year. Restructured
agencies shall make all the necessary accounting adjustments to complete the
transition to the new account structure as soon as possible, but no later than
December thirty-first, of the current fiscal year, unless otherwise directed by
law. The Budget and Control Board Office of State Budget Division
is directed to prepare the subsequent detail budget to conform Part IA and
corresponding provisos in this act to any restructuring changes that are
ratified.
117.56. (GP: Agency
Administrative Support Collaboration) It is the intent of the General Assembly
that state agencies continue to actively pursue cost savings measures through
collaborative efforts and where feasible may combine administrative support
functions with other agencies in order to maximize efficiency and
effectiveness.
117.57. (GP:
Assessment Audit / Crime Victim Funds) If the State Auditor finds that any county
treasurer, municipal treasurer, county clerk of court, magistrate, or municipal
court has not properly allocated revenue generated from court fines, fines, and
assessments to the crime victim funds or has not properly expended crime victim
funds, pursuant to Sections 14-1-206(B)(D), 14-1-207(B)(D), 14-1-208(B)(D), and
14‑1-211(B) of the 1976 Code, the State Auditor shall notify the State
Office of Victim Assistance. The State Office of Victim Assistance is
authorized to conduct an audit which shall include both a programmatic
review and financial audit of any entity or non-profit organization receiving
victim assistance funding based on the referrals from the State Auditor or
complaints of a specific nature received by the State Office of Victim
Assistance to ensure that crime victim funds are expended in accordance with
the law. Guidelines for the expenditure of these funds shall be developed by
the Victim Services Coordinating Council. The Victim Services Coordinating
Council shall develop these guidelines to ensure any expenditure which meets
the parameters of Title 16, Chapter 3, Article 15 is an allowable expenditure.
Any local entity or non-profit organization that receives funding from revenue
generated from crime victim funds is required to submit their budget for the
expenditure of these funds to the State Office of Victim Assistance within
thirty days of the budget’s approval by the governing body of the entity or
non-profit organization. Failure to comply with this provision shall cause the
State Office of Victim Assistance to initiate a programmatic review and a
financial audit of the entity’s or non-profit organization’s expenditures
of victim assistance funds. Additionally, the State Office of Victim
Assistance will place the name of the non-compliant entity or non-profit
organization on their website where it shall remain until such time as they are
in compliance with the terms of this proviso. Any entity or non-profit
organization receiving victim assistance funding must cooperate and provide
expenditure/program data requested by the State Office of Victim Assistance.
If the State Office of Victim Assistance finds an error, the entity or
non-profit organization has ninety days to rectify the error. An error
constitutes an entity or non-profit organization spending victim assistance
funding on unauthorized items as determined by the State Office of Victims
Assistance. If the entity or non-profit organization fails to cooperate with
the programmatic review and financial audit or to rectify the error within
ninety days, the State Office of Victim Assistance shall assess and collect a
penalty in the amount of the unauthorized expenditure plus $1,500 against the
entity or non-profit organization for improper expenditures. This penalty plus
$1,500 must be paid within thirty days of the notification by the State Office
of Victim Assistance to the entity or non-profit organization that they are in
non-compliance with the provisions of this proviso. All penalties received by
the State Office of Victim Assistance shall be credited to the General Fund of the
State. If the penalty is not received by the State Office of Victim Assistance
within thirty days of the notification, the political subdivision will deduct
the amount of the penalty from the entity or non-profit organization’s subsequent
fiscal year appropriation.
117.58. (GP: H.L.
Hunley Museum Location) The General Assembly approves the City of North
Charleston as the permanent site of the H.L. Hunley Museum. This approval is
contingent upon the negotiation and execution of necessary contracts between
the State of South Carolina and the City of North Charleston. The Hunley
Commission is directed to expend funds from its account to negotiate and
execute contracts on behalf of the State of South Carolina.
117.59. (GP: Secure
Juvenile Confinement) The Attorney General shall review the interpretation of
the current policies of the Department of Public Safety and the Department of
Corrections regarding secure juvenile confinement that the departments indicate
may jeopardize federal grant funds. The departments may not implement any
changes to the current policies regarding secure juvenile confinement until the
Attorney General considers the departments’ interpretation of the federal
Juvenile Justice and Delinquency Prevention Act in regard to the secure holding
of juveniles for more than six hours in adult detention facilities that also
serve as forty-eight-hour juvenile holdover facilities. The Attorney General
will determine if the departments’ interpretation is fair and equitable and how
the local governments and the Department of Juvenile Justice would be impacted,
to include any financial considerations.
117.60. (GP: ISCEDC
Funding Transfer) The departments of Mental Health, Disabilities and Special
Needs, and Juvenile Justice are directed to transfer a total of $1,199,456 in
funds to the Department of Social Services for the support of the Interagency
System for Caring for Emotionally Disturbed Children. Funding transfers shall
be in the following amounts: Department of Mental Health - $595,000,
Department of Disabilities and Special Needs - $379,456, and Department of
Juvenile Justice - $225,000. The transfer of funds shall be accomplished by
September thirtieth of the current fiscal year.
117.61. (GP: Employee
Bonuses) State agencies and institutions are allowed to spend state,
federal, and other sources of revenue to provide
selected employees lump sum bonuses,
not to exceed three thousand dollars per year, based on objective guidelines
established by the Budget and Control Board. Payment of these bonuses is not a
part of the employee’s base salary and is not earnable compensation for
purposes of employee and employer contributions to respective retirement
systems. Employees earning $100,000 or more shall not be eligible to receive
bonuses under this provision.
117.62. (GP: FEMA
Flexibility) Any appropriation designated as the state share for a federally
declared disaster may be carried forward and used for the same purpose by the
Emergency Management Division of the Adjutant General’s Office in the event of
additional federally declared disasters. Unallocated funds from established
state accounts may be used as the state share in any federally declared
disaster. Such funds may not be expended for any purpose other than for the
state share for a federally declared disaster.
In the event there is a
federally declared disaster and state match funds are unavailable, the Budget
and Control Board may borrow from any internal account or accounts necessary to
maximize federal matching funds through the Emergency Management Division. Any
such borrowing must be reported to the General Assembly within five days.
Funds borrowed from accounts shall be replenished by the General Assembly as
soon as practicable.
117.63. (GP:
Respiratory Syncytial Virus Prescription Sales and Use Tax Exemption) The
effective date of the exemption from sales and use tax of prescription
medicines used to prevent respiratory syncytial virus shall be January 1,
1999. No refund of sales and use taxes may be claimed as a result of this
provision.
117.64. (GP:
Year-End Financial Statements - Penalties) Agencies and other reporting
entities required to submit annual audited financial statements for inclusion
in the State’s Comprehensive Annual Financial Report must comply with the
submission dates stipulated in the State Auditor’s Office audit contract. If
the audit was not contracted by the State Auditor’s Office, the final audited
financial statements are due not later than October tenth for the prior fiscal
year. Each agency that does not comply with the provisions of this proviso
shall appear before the Comptroller General, providing an explanation for the
delay.
117.65. (GP:
Purchase Card Incentive Rebates) In addition to the Purchase Card Rebate
deposited in the general fund, any incentive rebate premium received by an
agency from the Purchase Card Program may be retained and used by the agency to
support its operations.
117.66. (GP: Sex
Offender Monitoring and Supervision) The funds appropriated to the Department
of Probation, Parole and Pardon Services in Part IA, Section 66, Program
II.A.2. for the Sex Offender Monitoring Program and to the Department of
Juvenile Justice in Part IA, Section 67, Program III.A., Special Item: Sex
Offender Monitoring are to be used and expended only for GPS monitoring
programs of the departments. In cases of limited funds, monitoring of
“Jessie’s Law” offenders shall take precedence over all other GPS programs of
the departments. Funds appropriated for this program may not be used for any
other purpose or transferred to any other program. Unexpended funds
appropriated for Sex Offender Monitoring may be carried forward and used for
the same purpose. The departments are directed to submit a report
to the General Assembly by January fifteenth each year accounting for the
expenditure of the funds including any carry-forward funding; the total costs
and per-day costs for equipment, supervision, and monitoring; the total number
of staff assigned to the activity and the average agent case loads; the amount
of funds collected from sex offenders for both intensive supervision and
electronic monitoring; and the anticipated fiscal needs for the upcoming fiscal
year. The report shall also include, but not be limited to, data regarding the
number of offenders sentenced to electronic monitoring, including the number
sentenced for life; the number of alert notifications received, investigated,
and prosecuted; and the number of offenders returned to prison as a result of
electronic monitoring violations.
117.67. (GP:
Viscosupplementation Therapies Sales and Use Tax Exemption) For the current
fiscal year only, sales and use taxes on viscosupplementation therapies shall
be suspended. No refund or forgiveness of tax may be claimed as a result of
this provision.
117.68. (GP:
LightRail) Pursuant to this provision the three research universities:
Clemson University, the Medical University of South Carolina, and the
University of South Carolina-Columbia, are authorized and directed to plan,
procure, administer, oversee, and manage all functions associated with the
South Carolina LightRail and are thereby exempt from the oversight and project
management regulations of the Budget and Control Board, Division of State
Information Technology. South Carolina LightRail is an academic network for
the use of the state’s three research universities for the exchange of
information directly related to their mission and must not carry commercial or
K-12 traffic originated in South Carolina. For the current fiscal year, public
or private organizations and entities may be provided access only through
formal documented partnerships with one or more of the three research
universities. On February first of the current fiscal year, the entity
managing the network must submit to the Chairman of the House Ways and Means
Committee and the Chairman of the Senate Finance Committee a report
specifically identifying each entity with access to the network and any payment,
including without limitation in-kind payment, that each such organization and
entity is making for access to the network.
117.69. (GP: CID
& PCC Agency Head Salaries) All hiring salaries and salary increases for
the agency heads of the Commission on Indigent Defense and the Prosecution
Coordination Commission shall be subject to all provisions related to agency
heads covered by the Agency Head Salary Commission.
117.70. (GP: Prosecutors
and Defenders Public Service Incentive Program) The Office of Attorney
General, the Prosecution Coordination Commission, and the Commission on
Indigent Defense, in consultation with the South Carolina Student Loan
Corporation and the Commission on Higher Education, shall develop and implement
a Prosecutors and Defenders Public Service Incentive Program for attorneys
employed by the Office of Attorney General, the Prosecution Coordination
Commission, the Commission on Indigent Defense, a Circuit Solicitor’s Office or
a county Public Defender’s Office.
After more than three years
of continuous service as a full-time attorney with any of these entities,
qualifying attorneys may be reimbursed up to $1,000 for payments made in the
prior calendar year on outstanding law school loans. Reimbursements for law
school loan payments may be increased by up to $1,000 for each additional year
of continuous service; however, such reimbursements shall not exceed $5,000 in
any year. The amount of law school loan payment reimbursement in any calendar
year shall not exceed the amount of principal and interest paid on the loan in
the prior calendar year. Reimbursements under the program may continue until
all outstanding law school loans are satisfied; however, such reimbursements
shall not exceed $40,000 per qualifying attorney. Reimbursements shall be
adjusted if necessary so as not to exceed appropriations for the program.
The Prosecutors and Defenders
Public Service Incentive Program must be administered by the South Carolina
Student Loan Corporation, which shall pay for the cost of administration within
the funds appropriated.
The Office of Attorney
General, the Prosecution Coordination Commission, and the Commission on
Indigent Defense shall each compile a report that includes, but is not limited
to, the number of applicants and the impact of the program on attracting and
retaining attorneys. The Student Loan Corporation shall compile a report that
includes, but is not limited to, the cost of administering the program as well
as the amount of reimbursements per agency or entity. Such reports shall be
submitted to the Senate Finance Committee and the House Ways and Means
Committee by September first each fiscal year.
Unexpended program funds from
the prior fiscal year may be carried forward into the current fiscal year to be
used for the same purpose.
117.71. (GP:
Attorney Dues) Agencies and offices of the State of South Carolina that employ
attorneys are authorized, if they so decide, to use other appropriated funds,
including General Fund carry forward funds, to pay the costs of mandatory dues
owed to the South Carolina Bar Association.
117.72. (GP:
Healthcare Employee Recruitment and Retention) The Department of Corrections,
Department of Disabilities and Special Needs, Department of Health and
Environmental Control, Department of Health and Human Services, Department of
Juvenile Justice, Department of Mental Health, and Department of Vocational
Rehabilitation are allowed to spend state, federal, and other sources of
revenue to provide lump sum bonuses to aid in recruiting and retaining
healthcare workers in critical needs healthcare jobs based on objective
guidelines established by the Budget and Control Board. The employee bonus
amount shall be approved by the State Human Resources Director and shall not
exceed $10,000 per year. Payment of these bonuses is not a part of the
employee’s base salary and is not earnable compensation for purposes of
employee and employer contributions to respective retirement systems.
These agencies may also
provide paid educational leave for any employees in an FTE position to attend
class while enrolled in healthcare degree programs that are related to the
agency’s mission. All such leave is at the agency head’s discretion.
These agencies may enter into
an agreement with Psychiatrists and Nurses newly employed in those positions to
repay them for their outstanding student loans associated with completion of a
healthcare degree. The employee must be employed in a critical needs area,
which would be identified at the agency head’s discretion. Critical needs
areas could include rural areas, areas with high turnover, or where the agency
has experienced recruiting difficulties. Agencies may pay these employees up
to twenty percent or $7,500, whichever is less, of their outstanding student
loan each year over a five-year period. Payments will be made directly to the
employee at the end of each year of employment. The agency will be responsible
for verifying the principle balance of the employee’s student loan prior to
issuing payments.
Employees of these agencies
working on a practicum or required clinical experience towards completion of a
healthcare degree may be allowed to complete these requirements at their state
agency or another state agency at the discretion of the agency head. This field
placement at another state agency may be considered work time for participating
employees.
These agencies are also
authorized to allow tuition reimbursement from a maximum of ten credit hours
per semester; allow probationary employees to participate in tuition programs;
and provide tuition pre‑payment instead of tuition reimbursement for
employees willing to pursue a degree in a healthcare program. An agency may
pay up to fifty percent of an employee’s tuition through tuition pre-payment.
The remaining tuition could be reimbursed to the employee after successful
completion of the class.
117.73. (GP:
Governor’s Budget Certification) The annual Executive Budget proposed by the
Governor must be certified by the Director of the State Budget Division of the
Budget and Control Board or his designee in the same manner as the House Ways
and Means and Senate Finance Committee versions of the budget bill are
certified.
117.74. (GP:
Sexually Violent Predator Program) After the Department of Mental Health obtains
all necessary project approvals, the Department of Corrections may utilize
inmate labor to perform any portion of the construction of an addition to the
Edisto Unit at the Broad River Correctional Institution, which houses the
Department of Mental Health’s Sexually Violent Predator Treatment Program, such
addition to be used for additional treatment space and staff offices. For
purposes of this project, the Department of Corrections may exceed the $350,000
limit on projects for which it may use inmate labor.
117.75. (GP:
Voluntary Furlough) In a fiscal year in which the general funds
appropriated for a state agency are less than the general funds appropriated
for that agency in the prior fiscal year, or whenever the General Assembly or
the Budget and Control Board implements a midyear across-the-board budget
reduction, agency Agency heads may institute a voluntary
employee furlough program of not more than ninety days per fiscal year. During
this voluntary furlough, the state employees shall be entitled to participate
in the same state benefits as otherwise available to them except for receiving
their salaries. As to those benefits which require employer and employee
contributions, the state agencies, institutions and departments will be
responsible for making both employer and employee contributions if coverage
would otherwise be interrupted; and as to those benefits which require only
employee contributions, the employee remains solely responsible for making
those contributions. In the event an agency’s reduction is due solely to the
General Assembly transferring or deleting a program, this provision does not
apply.
117.76. (GP:
Governor’s Security Detail) The State Law Enforcement Division, the Department
of Public Safety, and the Department of Natural Resources shall provide a
security detail to the Governor in a manner agreed to by the State Law
Enforcement Division, the Department of Public Safety, the Department of
Natural Resources, and the Office of Governor. Reimbursement to the State Law
Enforcement Division, the Department of Public Safety, and the Department of
Natural Resources to offset the cost of the security detail for the Governor
shall be made in an amount agreed to by the State Law Enforcement Division, the
Department of Public Safety, the Department of Natural Resources, and the
Office of Governor from funds appropriated to the Office of Governor for this
purpose. Law enforcement officers assigned to security detail for the Governor
shall only perform services related to security and shall not provide any
unrelated service during the assignment.
117.77. (GP:
Reduction in Force Antidiscrimination) In the event of a reduction in force
implemented by a state agency or institution, the state agency or institution
must comply with Title VII of the Civil Rights Act of 1964 or any other
applicable federal or state antidiscrimination laws.
117.78. (GP:
Reduction in Force/Agency Head Furlough) In the event a reduction in force is
implemented by a state agency or institution of higher learning, the agency
head shall be required to take five days furlough in the current fiscal year.
If more than one reduction in force plan is implemented in a fiscal year, the
mandatory agency head furlough is only required for the initial plan. The agency
head will retain all responsibilities and authority during the furlough. All
monies saved from this furlough may be retained by that agency and expended at
the discretion of the agency head. During this furlough, the agency head shall
be entitled to participate in the same state benefits as otherwise available to
them except for receiving their salaries. As to those benefits which require
employer and employee contributions, the state agency will be responsible for
making both employer and employee contributions if coverage would otherwise be
interrupted; and as to those benefits which require only employee
contributions, the agency head remains solely responsible for making those
contributions.
Placement of an agency head
on furlough under this provision does not constitute a grievance or appeal
under the State Employee Grievance Procedure Act. In the event the reduction
for the state agency or institution of higher learning is due solely to the
General Assembly transferring or deleting a program, this provision does not
apply. Agencies may allocate the agency head’s reduction in pay over the
balance of the fiscal year for payroll purposes regardless of the pay period
within which the furlough occurs. The Budget and Control Board, Human Resources
Division shall promulgate guidelines and policies, as necessary, to implement
the provisions of this proviso. State agencies shall report information
regarding furloughs to the Human Resources Division of the Budget and Control
Board.
For purposes of this
provision, agency head includes the president of a technical college as defined
by Section 59-103-5 of the 1976 Code.
The agency head of the State
Board for Technical and Comprehensive Education shall not be required to take
this mandatory furlough based solely on the implementation of a reduction in
force plan by a technical college.
An agency head shall not be
required to take this mandatory furlough based solely on reductions in force
implemented as a result of federal budget cuts or reorganization to
accomplish organizational efficiencies.
117.79. (GP: Printed
Report Requirements) (A) For Fiscal Year 2012-13 2013-14,
state supported institutions of higher learning shall not be required to submit
printed reports mandated by Sections 2-47-40, 2‑47‑50, and
59-103-110 of the 1976 Code, and shall instead only submit the documents
electronically.
Submission of the plans or
reports required by Sections 2-47-55, 59‑101-350, 59-103-30,
59-103-45(4), and 59-103-160(D) shall be waived for the current fiscal year,
except institutions of higher learning must continue to report under 2-47-55
year one of the Comprehensive Permanent Improvement Plan, student pass
rates on professional examinations, and data elements otherwise required for
the Commission on Higher Education Management Information System. The
commission, in consultation with institutions, shall take further action to
reduce data reporting burdens as possible.
(B) For Fiscal Year 2012-13
2013-14, the Department of Agriculture shall not be required to
submit printed reports mandated by Section 46-49-10 of the 1976 Code. The
department shall provide these reports electronically and shall use any
monetary savings for K5-12 agricultural education programs.
(C) For Fiscal Year 2012-13
2013-14, the Department of Health and Human Services shall not be
required to provide printed copies of the Medicaid Annual Report required
pursuant to Section 44-6-80 of the 1976 Code and the Provider Reimbursement
Rate Report required pursuant to Proviso 33.11, and shall instead only submit
the documents electronically.
(D) For Fiscal Year 2012-13
2013-14, the Department of Transportation shall not be required
to submit printed reports or publications mandated by Sections 1-11-58,
2-47-55, and 58-17-1450 of the 1976 Code.
The Department of
Transportation may combine their Annual Report and Mass Transit Report into
their Annual Accountability Report.
117.80. (GP: IMD
Operations) All funds received by the Department of Education, the
Department of Juvenile Justice, the Department of Disabilities and Special
Needs, the Department of Mental Health, the Department of Social Services, and
the Governor’s Office of Executive Policy and Programs-Continuum of Care as
State child placing agencies for the Institution for Mental Diseases
Transition Plan (IMD) of the discontinued behavioral health services in group
homes and child caring institutions, as described in the Children’s Behavioral
Health Services Manual Section 2, dated 7/01/06, shall be applied only for out
of home placement in providers which operate Department of Social Services or
Department of Health and Environmental Control licensed institutional,
residential, or treatment programs. An annual report by each state child
placing agency shall be made on the expenditures of all IMD transition
funds and shall be provided to the Chairman of the Senate Finance
Committee, Chairman of the House Ways and Means Committee, and the Governor no
later than November 1st each year. Funds must be allocated based on
the The Department of Health and Human Services allocation
methodology developed for the distribution of these funds shall
review the numbers of out of home placements by type and by agency each year
and make recommendations to the General Assembly.
117.81. (GP: Fines
and Fees Report) In order to promote accountability and transparency, each
state agency must provide and release to the public via the agency’s website, a
report of all aggregate amounts of fines and fees that were charged and
collected by that state agency in the prior fiscal year. The report shall
include, but not be limited to: (1) the code section, regulation, or proviso
that authorized the fines and fees to be charged, collected, or received; (2)
the amount received by source; (3) the purpose for which the funds were
expended by the agency; (4) the amount of funds transferred to the general
fund, if applicable, and the authority by which the transfer took place; and
(5) the amount of funds transferred to another entity, if applicable, and the authority
by which the transfer took place, as well as the name of the entity to which
the funds were transferred. The report must be posted online by September
first. Additionally, the report must be delivered to the Chairman of the
Senate Finance Committee and the Chairman of the House Ways and Means Committee
by September first. Funds appropriated to and/or authorized for use by each
state agency shall be used to accomplish this directive.
117.82. (GP:
Mandatory Furlough) In a fiscal year in which the general funds appropriated
for a state agency are less than the general funds appropriated for that agency
in the prior fiscal year, or whenever the General Assembly or the Budget and
Control Board implements a midyear across-the-board budget reduction, and
agency heads institute a mandatory employee furlough program, in determining
which employees must participate in the program, agency heads should give
consideration to furloughs for contract employees, post-TERI employees, and
TERI employees before other employees. During this mandatory furlough, the
state employees shall be entitled to participate in the same state benefits as
otherwise available to them except for receiving their salaries. As to those
benefits which require employer and employee contributions, the state agencies,
institutions, and departments will be responsible for making both employer and
employee contributions if coverage would otherwise be interrupted; and as to
those benefits which require only employee contributions, the employee remains
solely responsible for making those contributions. In the event an agency's
reduction is due solely to the General Assembly transferring or deleting a
program, this provision does not apply.
117.83. (GP:
Reduction In Force) In a fiscal year in which the general funds appropriated
for a state agency are less than the general funds appropriated for that agency
in the prior fiscal year, or whenever the General Assembly or the Budget and
Control Board implements a midyear across-the-board budget reduction, and
agency heads must make reductions in force, agency heads should give
consideration to reductions of contract employees, post-TERI employees, and
TERI employees before other employees. In the event an agency’s reduction is
due solely to the General Assembly transferring or deleting a program, this
provision does not apply.
117.84. (GP: Cost
Savings When Filling Vacancies Created by Retirements) During the current
fiscal year, whenever classified FTEs become vacant because of employee
retirements, it is the intent of the General Assembly that state agencies
should realize personnel costs savings of at least twenty-five percent in the
aggregate when managing these vacant positions. Prior to filling a classified
FTE which has become vacant because of a retirement, an agency must review and
determine the appropriate salary for the position as well as determine whether
the agency can manage without filling the position or by delay in filling the
position. Prior to filling the vacant FTE, agencies must follow all laws and
regulations concerning posting and competitive solicitation and consideration
of applicants. No agency shall enter into any agreement with any employee that
violates the terms of this proviso.
117.85. (GP: Travel
Reduction Assessment) Agencies are encouraged, when assessing travel
reductions, to ensure that front line employees who provide direct services to
clients are minimally impacted by the reduction.
117.86. (GP:
Information Technology for Health Care) From the funds appropriated and
awarded to the South Carolina Department of Health and Human Services for the
Health Information Technology for Economic and Clinical Health Act of 2009, the
department shall advance the use of health information technology and health
information exchange to improve quality and efficiency of health care and to
decrease the costs of health care. In order to facilitate the qualification of
Medicare and/or Medicaid eligible providers and hospitals for incentive
payments for meaningful health information technology (HIT) use, a health care
organization participating in the South Carolina Health Information Exchange
(SCHIEx) or a Regional Health Information Organization (RHIO) or a hospital
system health information exchange (HIE) that participates in SCHIEx may
release patient records and medical information, including the results of any
laboratory or other tests ordered or requested by an authorized health care
provider within the scope of his or her license or practice act, to another
health information organization that requests the information via a HIE for
treatment purposes with or without express written consent or authorization
from the patient. A health information organization that receives or views
this information from a patient’s electronic health record or incorporates this
information into the health information organization’s electronic medical
record for the patient in providing treatment is considered an authorized
person for purposes of 42 C.F.R. 493.2 and the Clinical Laboratory Improvement
Amendments.
117.87. (GP:
Broadband Spectrum Lease) The General Assembly must approve any exercise of
the Middle Band Segment Channel recapture provisions contained in the
Educational Broadband Service Spectrum Lease Agreements if the exercise of the
recapture provisions would result in a decrease in payments received by the
State. For Fiscal Year 2012-13, revenue received from the broadband
spectrum lease shall be transferred from the Budget and Control Board to the
Educational Television Commission on a monthly schedule, according to the
current broadband lease agreement. Upon agreement of the lessee, the
The Educational Television Commission shall assume assumes
management and administration of the lease and receive receives
lease payments directly. The Educational Television Commission shall retain
and expend funds received pursuant to the lease for agency operations. The
commission shall be authorized to carry forward unexpended funds from the prior
fiscal year into the current fiscal year. In the event of a default by
the current lease holder, the Educational Television Commission is authorized
to use contingent funds up until such time as a new lease can be negotiated by
the State and the Educational Television Commission.
117.88. (GP:
Reduction in Compensation) For the current fiscal year, no state agency or
political subdivision of this state may decrease the compensation of an
employee, including dismissal, suspension, or demotion, solely because the
employee gave sworn testimony regarding alleged wrongdoing to a standing
committee, subcommittee of a standing committee, or study committee of the
Senate or the House of Representatives. This proviso shall apply regardless of
when the alleged wrongdoing occurred.
117.89. (GP: Deficit
Monitoring) If at the end of each quarterly deficit monitoring review by the Office
of State Budget Division, it is determined by either the Office
of State Budget Division or an agency that the likelihood of
a deficit for the current fiscal year exists, the agency shall submit to the Office
of State Budget Division within fourteen days, a plan to
minimize or eliminate the projected deficit. After submission of the plan, if
it is determined that the deficit cannot be eliminated by the agency on its
own, the agency is required to officially notify the Budget and Control Board
within thirty days of such determination that the agency is requesting that a
deficit be recognized. Once a deficit has been recognized by the Budget and
Control Board, the agency shall limit travel and conference attendance to the
minimum required to perform the core mission of the agency. In addition, the
board when recognizing a deficit may direct that any pay increases and
purchases of equipment and vehicles shall be approved by the Office of
State Budget Division.
117.90. (GP:
Commuting Costs) State government employees who use a permanently assigned
agency or state owned vehicle to commute from their permanently assigned work
location to and from the employee’s home must reimburse the agency in which
they are employed for commuting use in accordance with IRS regulations based on
guidance from the Office of Comptroller General which must use the Cents per
mile Rule, unless they are exempted from such reimbursement by applicable IRS
regulations. These permanently assigned vehicles must be clearly marked as a
state or agency vehicle through the use of permanent state-government license
plates and either state or agency seal decals unless the vehicle is used primarily
in undercover operations. This requirement does not apply to a vehicle used by
an employee for the purpose of a special travel assignment, for active
certified law enforcement officers authorized to carry firearms, execute
warrants, and make arrests, for Constitutional Officers, or for Department of
Transportation employees on call for emergency maintenance.
117.91. (GP: Bank
Account Transparency and Accountability) Each state agency, except state
institutions of higher learning, which has composite reservoir bank accounts or
any other accounts containing public funds which are not included in the
Comptroller General’s Statewide Accounting and Reporting System or the South
Carolina Enterprise Information System shall prepare a report for each account
disclosing every transaction of the account in the prior fiscal year. The
report shall be submitted to the Budget and Control Board, through the Division
of State Budget by October first of each fiscal year. The report shall include
the name(s) and title(s) of each person authorized to sign checks or make
withdrawals from each account, the name and title of each person responsible
for reconciling each account, the beginning and year-end balance of funds in
each account, and data related to both deposits and expenditures of each
account. The report shall include, but not be limited to, the date, amount,
and source of each deposit transaction and the date, name of the payee, the
transaction amount, and a description of the goods or services purchased for each
expenditure transaction. To facilitate review, the Budget and Control Board
shall prescribe a common format for the report which agencies must use. In
order to promote accountability and transparency, a link to the report shall be
posted on the Comptroller General’s website as well as the agency’s homepage.
When the State Auditor
conducts or contracts for an audit of a state agency, accounts of the agency
subject to this proviso must be included as part of the review.
If an agency determines that
the release of the information required in this provision would be detrimental
to the state or the agency, the agency may petition the Budget and Control
Board to grant the agency an exemption from the reporting requirements for the
detrimental portion. The meeting to determine whether an exemption should be
granted shall be closed. However, the exemption may only be granted upon a
majority vote of the Budget and Control Board in a public meeting.
117.92. (GP:
Websites) All agencies, departments, and institutions of state government
shall be responsible for providing on its Internet website a link to the
Internet website of any agency, other than the individual agency, department,
or institution, that posts on its Internet website that agency, department, or
institution’s monthly state procurement card statements or monthly reports
containing all or substantially all the same information contained in the
monthly state procurement card statements. The link must be to the specific
webpage or section on the website of the agency where the state procurement
card information for the state agency, department, or institution can be
found. The information posted may not contain the state procurement card
number. Any information that is expressly prohibited from public disclosure by
federal or state law or regulation must be redacted from any posting required
by this section.
117.93. (GP:
Regulations) For the current fiscal year, if a state agency proposes a
regulation that levies or increases a fee, fine, or that otherwise generates
revenues, the title to the Joint Resolution which proposes the regulation must
indicate that a fee, fine, or revenue source is being proposed.
117.94. (GP: Joint
Children’s Committee) For the current fiscal year, the Department of Revenue
is directed to reduce the rate of interest paid on eligible refunds by one percentage point. Of the revenue
resulting from this reduction, $250,000 $300,000 shall be
transferred to the Senate for the Joint Citizens and Legislative Committee on
Children to provide the report, research, and other operating expenses as
directed in Section 63-1-50 of the 1976 Code. The remaining revenue resulting
from this reduction shall be transferred to the Department of Juvenile Justice
to be used for mentoring or alternatives to incarceration programs. Unexpended
funds authorized by this provision may be retained and carried forward by the
Senate or the Department of Juvenile Justice, respectively, and used for the
same purposes. The rate of reduction authorized in this provision shall be in
addition to the reduction authorized in Proviso 92.10.
117.95. (GP: Civil Conspiracy Defense Costs) For the
current fiscal year, for any claim that has not reached a judgment, if a state
or local government employee or
former state or local government employee (“government employee”) is personally
sued for civil conspiracy based in part upon a personnel or employment action
or decision regarding an employee, the court must, prior to trial, make a final
determination whether the action or decision giving rise to the suit was made
by the government employee within the scope of their official duty. If the
court finds that the government employee was acting outside the scope of the
employee’s official duties, the government shall not thereafter expend any
funds to pay or defend the claim. If the court finds the government employee
was acting within the scope of their official duties, the employee is immune
from suit, liability, and damages with respect to the civil conspiracy claim.
The government may only expend funds to defend the claim if the determination
is that the employee was acting within the scope of their official duties.
Nothing in this proviso prevents an insurance provider from defending and
paying, respectively, any claims that the provider has contractually agreed to
defend and pay.
117.96. (GP:
Recovery Audits) The Budget and Control Board shall contract with one or more
consultants to conduct recovery audits of payments made by state agencies to vendors. The audits must be designed to detect and
recover overpayments and erroneous payments to the vendors and to recommend
improved financial and operational practices and procedures. A state agency
shall pay, from recovered monies received, the recovery audit consultant
responsible for obtaining for the agency a reimbursement from a vendor a
negotiated fee not to exceed twenty percent of the funds recovered by that
vendor.
Funds recovered, less the
cost of recovery, shall be remitted to a special fund subject to appropriation
by the General Assembly. Agencies may recover costs that are documented to be
directly related to implementation of this provision.
Recovery audits apply only to
payments made more than one hundred eighty days prior to the date the audit is initiated.
All information provided
under a contract must be treated as confidential by the vendor. A violation of
this provision shall result in the forfeiture by the vendor of all compensation
under the contract and to the same sanctions and penalties that would apply to
that disclosure.
Each executive agency shall
provide the recovery audit consultant with all information necessary for the
audit.
A state agency shall expend
or return to the federal government any federal money that is recovered through
a recovery audit conducted under this chapter. Payments to the recovery audit
consultant from the federal share of recovered funds shall be solely from the
federal portion as allowed by the federal agency.
The Budget and Control Board
shall provide copies, including electronic form copies, of final reports
received from a consultant under contract to: the Governor; the Chairman of
the Senate Finance Committee; the Chairman of the House Ways and Means
Committee; and the state auditor’s office. Not later than January first of
each year, the board shall issue a report to the General Assembly summarizing
the contents of all reports received under this provision during the prior
fiscal year.
117.97. (GP: Funds
Transfer to ETV) In the current fiscal year funds appropriated in Part IA to
the Budget and Control Board in Section 101 for Legislative & Public
Affairs Coverage and Emergency Communications Backbone and to the
Law Enforcement Training Council in Section 64 for State & Local Training
of Law Enforcement, City and County municipal training services and
Emergency Communications and Backbone for the State and other related emergency
systems must be transferred to the Educational Television Commission (ETV)
during July, 2012 2013 for the continuation of services as
provided in the prior fiscal year.
117.98. (GP: Opt Out
of Federal Patient Protection and Affordable Care Act) If federal law permits,
the State of South Carolina opts out of the following provisions in the federal
Patient Protection and Affordable Care Act (Public Law 111-148):
(1) Subtitles A through
C of Title I (and the amendments made by such subtitles), except for Sections
1253 and 1254;
(2) Parts I, II, III,
and V of subtitle D of Title I (and the amendments made by such parts);
(3) Part I of subtitle
E of Title I (and the amendments made by such part);
(4) Subtitle F of Title
I (and the amendments made by such subtitle);
(5) Sections 2001
through 2006 (and the amendments made by such sections); and
(6) Sections 10101 through
10107 (and the amendments made by such sections).
117.99. (GP: Means Test) All agencies providing
Healthcare Services are directed to identify standards and criteria for means
testing on all programs provided, where allowed by Federal guidelines. Once a
consistent criteria has been established within an agency, they shall implement
their respective plans. Each agency shall report all criteria and fiscal data
to the Chairman of the Senate Finance Committee and to the Chairman of the
House Ways and Means Committee no later than January 1, 2012 2014.
117.100. (GP: Agency Reduction Management) The General
Assembly encourages state agencies, in the event agencies are assessed a base
reduction, to endeavor to realize savings through: (1) payroll management,
including, but not limited to, furloughs, reductions in employee compensation,
and instituting a hiring freeze; (2) eliminate administrative overhead cost
that does not directly impact the agency’s mission; and as a final option (3)
reductions to programmatic funding.
117.101. (GP: WIA Meeting Requirements) For Fiscal Year
2012-13, a Workforce Investment Board meeting must be subject to all notice
requirements of the Freedom
of Information Act and may not take place unless a quorum of the board
membership is present. Any decision made in violation of these requirements is
void.
117.102. (GP: WIA Service Advertising) For Fiscal Year 2012-13
2013-14, the Workforce Investment Act Boards
may advertise its promote outreach for their services via
billboard, bus placard, newspapers, or radio in all workforce investment areas.
This advertising outreach may not be limited to e-mail,
online, or other internet-based advertising
outreach, publicity, or other promotions. Workforce investment
boards must adhere to all state procurement policies and procedures when advertising
utilizing outreach for the services provided by the Workforce
Investment Act.
117.103. (GP: WIA Training Marketability Evaluation) For
Fiscal Year 2012-13 2013-14, local workforce investment
boards the Department of Employment and Workforce shall prepare
an submit any and all annual report reports required by the United States
Department of Labor in reference to the Workforce Investment Act and the
Workforce Investment Boards that demonstrates how funds were
expended in the prior fiscal year to provide marketable work skills training. The
report shall include, but not be limited to the total number of local training
recipients, a description of the training area in which each recipient
participated, and the number and percentage of participants in each training
area that, upon completion of training, have become employed in the field in
which they were trained. The report shall be annually submitted to the
Chairman of the Senate Finance Committee and the Chairman of the House Ways and
Means Committee on or before November 16th when submitted to the
United States Department of Labor.
117.104. (GP: Victims Assistance Transfer) The
Department of Corrections shall transfer $20,500 each month to the Department
of Public Safety for distribution through the State Victims Assistance Program.
117.105. (GP: DOC
& PPP Potential Consolidation Plan) From the funds appropriated to the
Department of Corrections and the Department of Probation, Parole and Pardon
Services, the directors of the departments may collaborate and develop a plan
to consolidate the functions of the departments.
117.106. (GP: USC
Greenville Medical School) It is the intent of the General Assembly that
during Fiscal Year 2012-13 2013-14,
no general funds shall be appropriated for the new medical school at the
University of South Carolina in Greenville. In addition, no state funds may be
transferred from state earmarked or restricted funds held by the University of
South Carolina to the medical school except for grants, contributions,
contractual payments, and tuition and required fees for students attending the
new medical school at the University of South Carolina in Greenville that are
specifically designated for the medical school at the University of South
Carolina in Greenville.
117.107. (GP: Retirement Investment Commission) Of the
funds appropriated and or authorized, the Retirement Investment Commission
shall submit a report to the Senate Finance Retirement Subcommittee and the
Ways and Means Retirement Legislative, Executive, and Local
Government Subcommittee by January 15, 2013 2014
that sets forth a plan regarding salary bonuses for calendar year 2014 2015.
The plan must be approved by both subcommittees before implementation.
117.108. (GP: First
Steps - BabyNet) In addition to the statutory duties assigned to South
Carolina First Steps to School Readiness Board of Trustees; the board shall
ensure the state’s compliance with the Individuals with Disabilities Act, Part
C and the First Steps’ full implementation of recommendations 2 through 23
as contained in the 2011 audit report of the LAC regarding
the BabyNet Program. First Steps shall develop a schedule for each of the
recommendations by September 15, 2012 for the implementation of
recommendations. First Steps shall be responsible for the implementation of
the recommendations. First Steps shall submit any necessary
statutory changes to the Chairman of the House Education and Public Works
Committee and the Chairman of the Senate Education Committee and any budget recommendations
in the agency's budget request as submitted to the Governor. Quarterly
Until completion, First Steps shall post on its’ website a quarterly
report on the timelines of its progress in implementing the recommendations of
the LAC. The Board of Trustees will be kept informed monthly of all activities
related to this requirement and those progress reports must be recorded in the
minutes for each meeting of the Board of Trustees. When First Steps has
implemented all of the recommendations enumerated above, a final report shall
be submitted to the Board of Trustees for its’ adoption. Upon approval by the
Board of Trustees, the final report shall be published on First Steps’
homepage. First Steps to School Readiness, the School for the Deaf and Blind,
the Department of Disabilities and Special Needs, the Department of Health and
Human Services, the Department of Mental Health and the Department of Social
Services shall each provide on a common template developed by the
agencies, a quarterly report to the Chairman of the House Ways and
Means Committee and the Chairman of Senate Finance outlining all programs
provided by them for BabyNet; all federal funds received and expended on
BabyNet and all state funds expended on BabyNet. Each entity and agency
shall report on its share of the state’s ongoing maintenance of effort as
defined by the US Department of Education under IDEA Part C. First Steps to
School Readiness shall develop, in collaboration with the Department of
Disabilities and Special Needs, the Department of Health and Human Services,
the Department of Mental Health, and the Department of Social Services, a
common reporting format to be used no later than September 1, 2012. Both the
report submitted by First Steps and the reports submitted by the state agency
partners may be used by the General Assembly in its’ consideration of the LAC
recommendation that “The General Assembly should appropriate all BabyNet
funding directly to First Steps to increase accountability for the lead agency
with regard to partner agencies and providers.”
117.109. (GP: Law
Enforcement Special Salary Increase) All funds appropriated to the State
Law Enforcement Division, the Department of Public Safety, the
Department of Natural Resources, the Department of Probation, Parole, and
Pardon Services, and the Forestry Commission for law enforcement salary increases above the amount appropriated for base pay increases for
state employees must be distributed on or after July 1, 2012. The specified
funds are to be used to increase by two percent, the compensation of Class
1 Law Enforcement Officers whose annual salary was $50,000 or less prior to the
base pay increase authorized in proviso 101.22 of this act.
117.110. (GP: Single
Audit Schedule of Federal Expenditures) To ensure timely completion of the of
the Statewide Single Audit, state agencies which do not receive a separate
audit of federal expenditures, must submit to the Office of the State Auditor a
schedule of federal program expenditures in a format prescribed by the Office
of the State Auditor, no later than August 15 of each year.
117.111. (GP:
Prohibits Local Government Fund Public Funded Lobbyists) All local
governmental entities including, but not limited to, counties, municipalities,
and associations are prohibited from using taxpayer funds received from the
Local Government Fund to compensate employees for lobbying activities
engaged in on behalf of such governmental entity.
117.112. (GP: School
Transportation Decentralization Study Committee) There is hereby created a
committee to study the decentralization of the provision of school
transportation services in this State either by the public sector, private
sector, or combination of both. The study shall include, but is not limited
to, the most cost-effective, efficient, and safe way to provide school
transportation services to students in grades K-12 utilizing to the best extent
possible, available state and local resources and funding. The committee shall
consist of eleven members as follows: four members appointed by the President
Pro Tempore of the Senate, one of whom must be a school finance officer and one
of whom must be a minority-party member of the Senate, four members appointed
by the Speaker of the House of Representatives, one of whom must be a school
finance officer and one of whom must be a minority-party member of the House,
and three members appointed by the Governor. Vacancies on the committee shall
be filled in the manner of original appointment. The members, at their first
meeting, shall elect a chairman, vice-chairman, and such other officers as they
deem necessary. The committee shall meet upon the call of the chairman or a
majority of its members.
Members of the committee
shall receive such mileage, subsistence, and per diem in the performance of
their duties as is provided by law to members of state boards,
commissions, and committees to be paid from the approved accounts of the
member’s appointing authority. The staff of the Senate, the House of
Representatives, and the Governor’s Office shall supply such assistance as may
be needed by the committee in the performance of its duties. The committee
shall submit its report to each house of the General Assembly and to the
Governor no later than January 1, 2013, at which time the committee shall be
abolished.
117.113. (GP: School
Construction Development Impact Fee Assessment Prohibition) Governmental
entities are prohibited from assessing South Carolina Development Impact Fees
on the construction of new elementary, middle, or secondary schools. If a
governmental entity violates this prohibition it shall have its Aid to
Subdivisions Allocation reduced by the amount of the impact fee.
117.114. (GP:
First Steps Reauthorization) Act 99 of 1999, the South Carolina First Steps to
School Readiness Act, is reauthorized for the duration of Fiscal Year 2013-14.
117.115. (GP:
Sexually Violent Predator Treatment RFP) The Director of the Department of
Mental Health and the Director of the Department of Corrections shall cooperate
with the Budget and Control Board, Division of Procurement Services which shall
develop and cause to be issued a Request for Proposals (RFP) seeking long-term
solutions for securely housing and treating the growing population of
individuals adjudicated as Sexually Violent Predators and civilly committed to
the Department of Mental Health pursuant to the Sexually Violent Predators Act.
The purpose of the RFP
shall be to seek proposals from qualified private providers to provide secure
housing and treatment services to all individuals civilly committed pursuant to
the Sexually Violent Predators Act.
As part of the process,
the Department of Mental Health, the Department of Corrections, and the Budget
and Control Board shall provide up-to-date information concerning the current
operation of the program and shall provide information about suitable state
owned real property. The RFP shall be issued on or before October 31, 2013.
The RFP shall be worded
broadly to allow respondents to propose creative and cost-effective long-term
solutions for the operation of this program in order to address the issues
raised in Proviso 23.15 of the 2012-13 State Appropriations Act and the
resulting January 3, 2013, Report on the SVP Program issued by the Department
of Mental Health and the Department of Corrections.
In addition to
treatment services, respondents shall be allowed, but not required, to propose
a single source solution with responsibility for all aspects of the program
including but not limited to housing, security, food, clothing, health care,
transport, and treatment services. The RFP shall allow for, but not require,
respondents to include in their responses the use of other private or public
partners (subcontractors) and/or the lease or use or purchase of state owned
real property.
The selected contractor
may be authorized to sponsor the issuance of tax exempt certificates of
participation or other finance solutions to fund the project and the state is
authorized to enter into a lease/purchase agreement for the necessary
replacement facilities.
117.116. (GP:
Transfer Procurement Review Panel to ALC) DELETED
117.117. (GP:
SC Military Museum) DELETED
117.118. (GP:
Electronic Transmission of Agency Reports to General Assembly)
DELETED
117.119. (GP:
Magistrate Courts Jury Areas) DELETED
117.120. (GP:
Prohibit Use of State Aircraft for Athletic Recruitment) DELETED
117.121. (GP:
Prohibit Sales Tax on Additional Guest Charges) DELETED
117.122. (GP:
Recreational Activities) DELETED
117.123. (GP:
Annual Audit of Court Fees and Fines Reports) The State Auditor is required to
perform a minimum of fifteen (15) audits annually of county treasurers,
municipal treasurers, county clerks of court, magistrates and/or municipal
courts as required by Section 14-1-210 of the 1976 Code and allowed by proviso
118.5 of this act; however, the State Auditor shall not be required to spend
more than the annual amount of $250,000, received from the State Treasurer to
conduct the said audits pursuant to Section 14-1-210 of the 1976 Code. The
State Auditor shall consult with the State Treasurer to determine the
jurisdictions to be audited in the current fiscal year. Jurisdictions may be
selected randomly or based on an instance in the current or previous fiscal
year of failing to report, incorrectly reporting or under remitting amounts owed.
The funds transferred to the State Auditor by the State Treasurer shall not be
used for any purpose other than to conduct the described audits and report
whether or not the assessments, surcharges, fees, fines, forfeitures,
escheatments, or other monetary penalties imposed and/or mandated are properly
collected and remitted to the State. Any unexpended balance on June 30 of the
prior fiscal year shall be carried forward and must be expended for the same
purpose during the current fiscal year. The State Auditor shall annually
report by October 1 its findings of the jurisdictions audited to the Senate
Finance Committee and the House Ways and Means Committee.
117.124. (GP:
IT Certifications) Information Technology procurement certifications for all
state agencies, departments, boards and commissions, except for the Legislative
and Judicial Departments, and institutions of higher learning including
technical colleges, shall be suspended for the current fiscal year. All
information security and information technology purchases must be approved by
the Budget and Control Board, Division of State Information Technology in a
manner prescribed by the Division.
117.125. (GP:
Technology and Remediation) The funds appropriated to the Budget and Control
Board for the Division of Information Security shall be used to develop and
implement a statewide information security program. A portion of the
non-recurring funds may be used for enterprise technology and remediation, and
distributed to state agencies to address the State’s most serious information
security vulnerabilities as determined by the Division of Information Security
and the Division of State Information Technology.
117.126. (GP:
Fiduciary Audit) Of the funds authorized for the Retirement System Investment
Commission, the commission shall transfer $700,000 to the Office of Inspector
General. The funds transferred shall be utilized by the Inspector General to
employ a private audit firm to perform the fiduciary audit on the Retirement
System Investment Commission as required by Section 9-16-380 of the 1976 Code,
as amended.
117.127. (GP:
Eligible Food Purchases) For the current fiscal year, funds expended by the
Governor’s Office-Executive Control of State, the Governor’s Office-Mansion and
Grounds, the Department of Social Services, and the Department of Health and
Environmental Control for food services, catering, and providing meals shall be
subject to the same limitations sought by the state in any waivers to the U.S.
Department of Agriculture on eligible food purchases under the Supplemental
Nutrition Assistance Program (SNAP).
117.128. (State
Aircraft Utilization) Any use of aircraft owned or leased by this State, or
any state agency, entity, or institution, including institutions of higher learning,
by a member of the General Assembly must be first approved by the Speaker of
the House of Representatives in regard to members of the House or by the
President Pro Tempore of the Senate in regard to members of the Senate.
Any use of aircraft
owned or leased by this State, or any state agency, entity, or institution,
including institutions of higher learning, by a member of a state board,
commission, or committee in the executive branch who is permitted to request
use of state aircraft must be first approved by the chairman of that board,
commission, or committee.
Violations of this
provision are considered violations of the rules of conduct under state ethics
laws and are punishable in the manner provided by Chapter 13 of Title 8 of the
1976 Code and by law, except that in addition to all other penalties or
remedies authorized by law, the violating member or other person authorizing
the flight shall reimburse the state general fund within thirty days of the
unauthorized flight for the full cost thereof.