SECTION 101 - F03-BUDGET AND CONTROL BOARD

    101.1. (BCB: Southern Maritime Collection)  The Budget and Control Board, on behalf of the Hunley Commission is authorized to expend funds appropriated for such purpose to pay the outstanding note

entered into to finance the purchase of the Southern Maritime Collection and the Hunley Commission will assume custody and management of the Collection for the State.  The board is authorized to use up to $500,000 of the funds transferred for implementation of this proviso.  The balance of the funds transferred may be used by the board for costs associated with other Museum operations.  The General Assembly will provide for funds in future fiscal years to cover the costs of the financing of the Southern Maritime Collection.

    101.2. (BCB: Procurement of Art Objects)  Before any governmental body, with the exception of the South Carolina Museum Commission, the Budget and Control Board and the South Carolina Hunley Commission as defined under the South Carolina Consolidated Procurement Code, procures any art objects such as paintings, antiques, sculptures, or similar objects above $1,000, the head of the Purchasing Agency shall prepare a written determination specifying the need for such objects and benefits to the State.  The South Carolina Arts Commission shall review such determination for approval prior to any acquisition.

    101.3. (BCB: State House Operation & Maintenance Account)  Funds appropriated to the Budget and Control Board - for State House Maintenance & Operations & Renovations must be set aside in a separate account for the operation and maintenance of the State House.  The Budget and Control Board shall report annually to the State House Committee on the amount expended from this fund.

    101.4. (BCB: Wireless Communications Tower)  The Budget and Control Board is directed to coordinate tower and antenna operations within South Carolina state government. The Board shall (1) approve all leases regarding antenna placement on state owned towers and buildings, (2) coordinate all new tower construction on state owned property, (3) promote and market excess capacity on the State’s wireless communications infrastructure, (4) generate revenue by leasing, licensing, or selling excess capacity on the State’s wireless communications infrastructure, and (5) construct new communications assets on appropriate state owned property for the purpose of generating revenue pursuant to this proviso.  All revenue from tower and antenna leases and contracts after July 1, 2001 must be remitted to a separate fund established by the Board and shall be transferred to the Educational Television Commission which shall retain and expend such funds for agency operations.  The commission shall be authorized to carry forward unexpended funds from the prior fiscal year into the current fiscal year.  Agencies owning tower and antenna assets will be allowed to recover expenses associated with implementing this proviso from this fund.  The Board shall annually report to the Chairmen of the Senate Finance and House Ways and Means Committees by October first of each year all revenue collected and disbursed.  This report shall also include a summary of each agency’s overall revenues, whether retained by the agency or remitted to the separate fund.

    101.5. (BCB: Compensation - Reporting of Supplemental Salaries)  No supplement shall be paid to an agency’s employee unless the agency head or designated official of the employing agency has approved the conditions and amount of salary supplement.  Any compensation, excluding travel reimbursement, from an affiliated public charity, foundation, clinical faculty practice plan, or other public source or any supplement from a private source to the salary appropriated for a state employee and fixed by the State must be reported by the employing agency to the Human Resources Division of the Budget and Control Board.  The report must include the amount, source, and any condition of the supplement.  The employing agency must report this information on or before August thirty-first of each year and must include the total amount and source of the salary supplement received by the employee during the preceding fiscal year (July first through June thirtieth).  The Human Resources Division of the Budget and Control Board shall formulate policies and procedures to ensure compliance with the reporting provisions of this proviso.

    101.6. (BCB: Compensation Increase - Appropriated Funds Ratio)  Appropriated funds may be used for compensation increases for classified and unclassified employees and agency heads only in the same ratio that the employee’s base salary is paid from appropriated sources.

    101.7. (BCB: Vacant Positions)  In the event that any permanent position in an agency remains vacant for more than twelve months the position may be deleted by the Budget and Control Board. 

    101.8. (BCB: Carry Forward - Local Government Assistance)  The Budget and Control Board may carry forward from prior fiscal years to the current fiscal year funds appropriated for the purpose of providing financial assistance and for matching federal funds for financial assistance to local governments with water, wastewater, and sewer projects. 

    101.9. (BCB: State Water Pollution Control Revolving Fund)  In the event that any state funds remain after fully matching federal grants for the State Revolving Funds under the Clean Water Act or Safe Drinking Water Act, such funds may be deposited into the South Carolina Infrastructure Revolving Loan Fund established pursuant to Section 11-40-50.

    101.10.   (BCB: Carry Forward Calculation)  For purposes of calculating the amount of funds which may be carried forward by the Budget and Control Board, grant and loan program funds carried forward by the Office of Local Government shall be excluded from the calculation of the carry forward authorized by provision elsewhere in this Act.

    101.11.   (BCB: Local Provider Health Insurance)  The local health care providers of the Department of Disabilities and Special Needs shall be awarded funding increases as prescribed for state agencies to cover the employer’s share for the cost of providing health and dental insurance to their employees.

    101.12.   (BCB: Geodetic Mapping Program)  Funds appropriated or authorized to the Budget and Control Board as a Special Item for Mapping, shall be used for county boundary determination and resolution of the boundary between the states of South Carolina and North Carolina.

    101.13.   (BCB: Military Service)  Notwithstanding the provisions of Section 8-11-610 of the 1976 Code, a permanent full-time state employee who serves on active duty as a result of an emergency or conflict declared by the President of the United States, and performs such duty, may use up to forty-five days of accumulated annual leave and may use up to ninety days of accumulated sick leave in a calendar year as if it were annual leave.

    101.14.   (BCB: Antenna and Tower Placement)  All leases for antenna and tower operations within institutions of higher learning campuses must conform to master plans for such property, as determined solely by the institution of higher learning.

    101.15.   (BCB: Lawsuit Funding)  The Executive Director shall pay from the Insurance Reserve Fund the defense costs of the State, which are incurred in the current fiscal year, in the Abbeville school funding litigation and the prisoner mental health care litigation.  The appropriate official from the House of Representatives and the Senate must certify to the Executive Director on a monthly basis the costs incurred in defense of this litigation.  Upon receipt of the certification, the Executive Director shall pay the provider of these services the amount certified.

    101.16.   (BCB: Election File Merge)  In order to assist the County Registration and Election Commissions to ensure that registered voters are assigned to proper election districts, the Research and Statistics Division, in conjunction with the South Carolina Election Commission, shall merge the voter registration file with the division’s Geocoded Address List and the district boundaries of the Congress, South Carolina Senate, South Carolina House of Representatives, county councils, and such other districts as the office possesses official district boundary records in electronic format.  The merged systems will allow the Research and Statistics Division to provide the respective county officials with a list of potential voters who are possibly assigned to the wrong election district.  File merger is required only for those districts in which elections are scheduled.  Counties and municipalities shall release GIS to the Research and Statistics Division upon the division’s written request.  Written request must be sent to the chief administrative officer of the county or municipality and advise the county or municipality that failure to comply within thirty days of request may result in the withholding of ten percent of the county’s or municipality’s state aid.  The Director of the Research and Statistics Division may grant additional time for good cause and must waive release if the county or municipality does not possess GIS data.  For counties and municipalities that possess GIS data but do not release it, the Director of the Research and Statistics Division shall notify the State Treasurer of the failure to comply with this provision after the required notice.  Notification shall result in the withholding of ten percent of subsequent payments of state aid to the entity until the GIS data is provided.  Municipal and county data acquired by the Research and Statistics Division in the course of performing its responsibilities may be used for other functions of the office as well as shared with other state agencies.  For this provision GIS data includes, but is not limited to, road centerlines; orthophotography; parcel boundaries; address points; political boundaries; and administrative boundaries.

    101.17.   (BCB: Base Closure Fund Carry Forward Transfer)  The balance of the funds previously appropriated to the Budget and Control Board for the Base Closure Fund shall be carried forward into the current fiscal year and transferred to the Department of Commerce, and shall be used for the South Carolina Military Base Task Force.

    101.18.   (BCB: SC/NC Boundary Dispute)  The Budget and Control Board is directed to submit a report to the Senate Finance Committee and the House Ways and Means Committee regarding the progress of the South Carolina and North Carolina Boundary Dispute within sixty days of the close of each fiscal year until such dispute is resolved.

    101.19.   (BCB: SC Boundary Commission)  There is hereby created the South Carolina Boundary Commission to be composed of seven members as follows:  one member appointed by the President Pro Tempore of the Senate; one member appointed by the Speaker of the House of Representatives; one member appointed by the Chairman of the Senate Finance Committee; one member appointed by the Chairman of the House Ways and Means Committee; the Director of the Budget and Control Board’s Office of Research and Statistics; the Director of the Department of Natural Resources, or his designee; and the technical advisor of the Geodetic and Mapping Survey Program appointed by the Director of the Office of Research and Statistics who shall serve as the coordinator and chairman of the commission.  The purpose of the commission is to work with the North Carolina Boundary Commission to resolve undocumented boundaries between South Carolina and North Carolina.

    101.20.   DELETED

    101.21.   (BCB: First Responder Interoperability)  The Budget and Control Board, through its Division of State Information Technology, is directed to administer and coordinate First Responder Interoperability operations for the statewide Palmetto 800 MHz radio system to better coordinate public safety disaster responses and communications.  First Responder Interoperability administration and coordination shall be funded as provided in this Act.  The cost-proportional funds shall be utilized for radio user fees of state agencies and public safety first responders (Fire, EMS and Law Enforcement) that participate in the statewide Palmetto 800 MHz radio system (Palmetto 800 participants).  The Division of State Information Technology, in consultation with the State Law Enforcement Division, the Department of Public Safety, and the State Emergency Management Division, and a representative of the South Carolina Sheriff’s Association, shall set a baseline number of radios used by each Palmetto 800 participant based on the technical aspects of the Palmetto 800 MHz radio system and the jurisdictional requirements of the participant.  If a Palmetto 800 participant reduces the baseline number of radios in use, the amount of funds allocated for the participant’s radio user fees shall be reduced in a proportional amount.  The funds shall also be utilized to provide private county and city 800 MHz radio systems with grant funds to be used for purchases of equipment that support interoperability with the statewide Palmetto 800 MHz radio system and its users.  Grant funds shall be allocated to private county and city 800 MHz radio systems based on the criteria used for Palmetto 800 Participants and in amounts proportional to the amounts allocated to support the per-site radio user fees of Palmetto 800 participants.  A matching share is required by a Palmetto 800 participant or by a private county or city 800 MHz radio system in order to qualify for receipt of funds pursuant to this proviso.  Each fiscal year the Budget and Control Board, through the Division of State Information Technology, shall establish the level of match required based upon funding provided by this Act.  These entities shall be required to furnish such documentation as may be required by the Division of State Information Technology to verify that the matching funds requirement is met.  Upon funding state agency and public safety first responder user fees and private county and city 800 MHz equipment purchases, any remaining funds may be used to enhance and expand the statewide Palmetto 800 MHz radio system.  All funds shall be held in a separate account established by the Board for the purposes set forth herein.  Any unexpended portion of these funds may be carried forward and used for the same purpose.  In the calculation of any across-the-board budget reduction mandated by the Budget and Control Board or General Assembly, the amount appropriated to the Budget and Control Board for First Responder Interoperability must be excluded from the Board’s base budget.

    The Budget and Control Board shall provide a report on the status of the integration of the statewide Palmetto 800 MHz radio system which shall include, but not be limited to, a list of entities who are not integrated into the system as of the end of the immediately preceding fiscal year and the reason why they are not integrated.  The report shall be submitted by October 1, of the current fiscal year to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee.

    101.22.   (BCB: Employee Compensation)  The amounts appropriated to the Budget and Control Board for Employee Pay Increases must be allocated by the Board to the various state agencies to provide for employee pay increases in accordance with the following plan:

       1. With respect to classified and non-judge judicial classified employees, effective on the first pay date that occurs on or after July first of the current fiscal year, the compensation of all classified employees shall be increased by zero percent.

       2. With respect to unclassified and non-judge judicial unclassified employees or unclassified executive compensation system employees not elsewhere covered in this act, effective on the first pay date that occurs on or after July first of the current fiscal year the compensation of all unclassified employees shall be increased by zero percent.  Any employee subject to the provisions of this paragraph shall not be eligible for compensation increases provided in paragraphs 1, 3, 4, 5, or 6.

       3. Effective on the first pay date that occurs on or after July first of the current fiscal year, agency heads not covered by the Agency Head Salary Commission, shall receive an annualized base pay increase of zero percent.

       4. With respect to local health care providers compensation increases shall be zero percent effective on the first pay date that occurs on or after July first of the current fiscal year.  With respect to Area Agencies on Aging funded by the Lieutenant Governor’s Office on Aging, compensation shall be increased by zero percent effective on the first pay date that occurs on or after July first of the current fiscal year.  With respect to local councils on aging or local providers of services funded by the Lieutenant Governor’s Office on Aging through Area Agencies on Aging, no pay increases will be allowed.  School Bus Driver salary and fringe funding to school districts shall be increased by zero percent.

       5. Effective on the first pay date that occurs on or after July first of the current fiscal year, the Chief Justice and other judicial officers shall receive an annualized base pay increase of zero percent.

       6. Effective on the first pay date that occurs on or after July first of the current fiscal year, county auditors and county treasurers shall receive an annualized base pay increase of zero percent.

           The Budget and Control Board shall allocate associated compensation increases for retirement employer contributions based on the retirement rate of the retirement system in which individual employees participate.

    The Executive Director of the Budget and Control Board is authorized to use excess appropriations for the current fiscal year, as determined by the Director of the Office of State Budget, designated for statewide employer contributions for other statewide purposes.  At the discretion of the Executive Director of the Budget and Control Board, such action may be considered a permanent transfer into the receiving agency’s base budget.

    Funds appropriated in Part IA, F30, Section 103, Budget and Control Board, Employee Benefits may be carried forward from the prior fiscal year into the current fiscal year.

    101.23.   (BCB: Public Procurement Unit)  For purposes of participation in the Minnesota Multi State Contracting Alliance for Pharmacy (MMCAP), a private, non-profit corporation that provides only free medical care may be allowed to participate as a local public procurement unit in the MMCAP cooperative purchase.  The participation of non-profit corporations in the program is contingent upon approval of the Minnesota Multi-State Contracting Alliance for Pharmacy.  Participating non-profit corporations must comply with all applicable federal laws or regulations for participation in the MMCAP cooperative purchase.  The state shall not be liable for any action or inaction of such a non-profit corporation.

    101.24.   (BCB: Sale of Surplus Real Property)  Up to fifty percent of the proceeds, net of selling expenses, from the sale of surplus real properties shall be retained by the Budget and Control Board and used for the deferred maintenance of state-owned buildings.  The remaining fifty percent of the net proceeds shall be returned to the agency that the property is owned by, under the control of, or assigned to and shall be used by that agency for non-recurring purposes.  This provision applies to all state agencies and departments except:  institutions of higher learning; the Public Service Authority; the Ports Authority; the MUSC Hospital Authority; the Myrtle Beach Air Force Redevelopment Authority; the Department of Transportation; the Columbia State Farmers Market; the Department of Agriculture’s Columbia Metrology Lab building and property; the Charleston Naval Complex Redevelopment Authority; the Department of Commerce’s Division of Public Railways; the Midlands Technical College Enterprise Campus Authority; the Trident Technical College Enterprise Campus Authority; the Commissioners residence at the Department of Corrections and the Educational Television Commission’s Key Road property.

    The Educational Television Commission shall be authorized to retain the net proceeds from the sale of its property on Key Road, and such proceeds may be used for the renovation of the ETV Telecommunications Center and other maintenance and operating expenses.  If it is determined that sufficient net proceeds are not to be derived from the sale of its property on Key Road to cover the cost of all renovations of the Telecommunications Center, the property on Key Road shall not be sold.  Any proposed sale hereunder shall, prior to said sale, be submitted to the Budget and Control Board for approval as being in compliance with the requirements of this subsection.

    The Department of Corrections shall be authorized to retain the net proceeds from the sale of the residence provided for the Commissioner of the Department of Corrections and use such proceeds for deferred maintenance needs at the Department of Corrections.

    The Forestry Commission shall be authorized to retain the net proceeds from the sale of surplus land for use in firefighting operations and replacement of firefighting equipment.

    The Department of Mental Health shall be authorized to retain the net proceeds it receives for sale of the property sold in accordance with, and identified in Exhibit A of the Sale and Purchase Agreement dated December 16, 2010 between the Department of Mental Health and Hughes Development Corporation for the sale of 165.79± acres on the Bull Street Campus, as approved by the Budget and Control Board on June 14, 2011.

    The Department of Natural Resources shall be authorized to retain the net proceeds from the sale of existing offices originally purchased with a federal grant or with restricted revenue from hunting and fishing license sales for the improvement, consolidation, and/or establishment of regional offices and related facilities.

    The Department of Vocational Rehabilitation shall be authorized to retain the net proceeds from the sale of 3.205 acres located at 22861 Highway 76 East in Clinton, South Carolina to be used for capital projects and deferred maintenance.

    The Department of Agriculture, the Educational Television Commission, the Department of Corrections, the Department of Natural Resources, the Department of Mental Health, the Forestry Commission, and the Department of Vocational Rehabilitation shall annually submit a report, within sixty days after the close of the fiscal year, to the Senate Finance Committee and the House Ways and Means Committee on the status of the sale of the identified property and a detailed accounting on the expenditure of funds resulting from such sale.

    This provision is comprehensive and supersedes any conflicting provisions concerning disposition of state owned real property whether in permanent law, temporary law or by provision elsewhere in this act.

    Any unused portion of these funds may be carried forward into succeeding fiscal years and used for the same purposes.

    101.25.   (BCB: Compensation - Agency Head Salary)  In the event of an agency head or technical college president vacancy, the governing board of the agency or the Governor, or the appointing authority of a technical college president, must have the prior favorable recommendation of the Agency Head Salary Commission to set, discuss, offer, or pay a salary for the agency head or technical college president at a rate that exceeds the minimum of the range established by the Agency Head Salary Commission.  No agency head or technical college president shall be paid a salary higher than that recommended by the commission.  Boards and commissions, or the Governor if he is the appointing authority, of newly created agencies or technical colleges shall not offer or pay a salary to a prospective agency head until a salary range has been established and the salary approved by the Agency Head Salary Commission.  The funding of the salaries of any agency head or technical college president should come from resources within the agency.  The Budget and Control Board shall contract every four years for a study of agency head and technical college president compensation.  The cost of the study must be shared by the participating agencies.  The staff of the Budget and Control Board shall serve as the support staff to the Agency Head Salary Commission.  Limited only by the maximum of the respective salary range, the General Assembly authorizes the respective appointing authority for an agency head or technical college president to provide salary increases for an agency head or technical college president not to exceed that recommended by the Agency Head Salary Commission.  No agency head or technical college president shall be paid less than the minimum of the pay range nor receive an increase that would have the effect of raising the salary above the maximum of the pay range.

    101.26.   DELETED

    101.27.   (BCB: Insurance Coverage for Aging Entity Authorized)  The State Budget and Control Board, through the Insurance Reserve Fund, for Fiscal Year 2013-2014, is also authorized to offer insurance coverage to an aging entity and its employees serving clients countywide which previously obtained its tort liability insurance coverage through the board.  The Insurance Reserve Fund and the State of South Carolina shall not be liable to any person or entity, including an insured, for any insufficiencies of coverage provided hereunder.

    101.28.   (BCB: Statewide Appropriations Budget Module)  Funds provided for the Statewide Appropriations Budget Module known as PBF (the Public Budgeting Formulation Module) shall be used for the design and implementation of the statewide budgeting system to produce the state’s annual operating budget through the passage of the Annual Appropriation Act.  Project oversight and direction shall be the responsibility of the State Budget Division.  Unexpended funds shall be carried forward from the prior fiscal year and expended for continued implementation of the budget module.

    101.29.   DELETED

    101.30.   (BCB: IRF Report)  The Budget and Control Board shall prepare a report on prior fiscal year utilization of the Insurance Reserve Fund to include for each transaction the amount, the recipient of the funds, the date of the transfer or payment, and the action or reason that necessitated the transfer.  The report shall be submitted to the President Pro Tempore of the Senate, the Chairman of the Senate Finance Committee, the Speaker of the House of Representatives, and the Chairman of the House Ways and Means Committee by October 15, 2013.

    101.31.   (BCB: Activation of State House Garage Security System)  The Budget and Control Board, Division of General Services is directed to take the steps necessary to activate the State House Garage Security System, effective July 1, 2013, which is to be operated by the Bureau of Protective Services.

    101.32.   DELETED

    101.33.   (BCB: Consolidation of Administrative Functions)  From the funds appropriated to the Budget and Control Board, the board shall study the feasibility, including a cost benefit analysis, of assuming certain functions of state agencies that receive less than five million dollars in total funds appropriations in the current fiscal year.  The functions to be considered shall include, but are not limited to, personnel administration, human resources, accounting, information technology, maintenance, and other functions that are administrative in nature and not agency specific.  Upon completion of the study, the board shall submit a report detailing its findings to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee.  The report must be submitted no later than January 3, 2014.

    101.34.   (BCB: Second Injury Fund Closure Plan)  The Budget and Control Board is authorized and empowered to take all necessary actions to implement and administer the closure plan for the Second Injury Fund, as adopted pursuant to Section 42-7-320(A) of the 1976 Code, as amended, and use appropriate accounts for administrative costs associated with this responsibility.  In order for the board to administer the plan and pay the remaining liabilities of the Second Injury Fund, applicable subfunds shall be transferred from the former Second Injury Fund to the Budget and Control Board.  The funds shall be transferred and general ledger accounts established under the Board as soon as practicable after Fiscal Year 2012-13 closing transactions are processed.  Because the Second Injury Fund terminates July 1, 2013, the board is authorized to act on behalf of the former Second Injury Fund to process its closing transactions and appropriately record the transactions.  The State Budget Division is directed to provide the Second Injury Fund and the Budget and Control Board, as appropriate, other fund spending authority equal to the amount of any remaining administrative expenditures associated with closing the Second Injury Fund, if needed and adequately documented.  The transferred funds shall continue to be held as separate and distinct trust accounts by the State Treasurer.

    101.35.   DELETED

    101.36.   DELETED

    101.37.   DELETED

    101.38. DELETED