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. DELETED
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. DELETED
101.17. DELETED
101.18. DELETED
101.19. DELETED
101.20. (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 first, of the current fiscal year to
the Chairman of the Senate Finance Committee and the Chairman of the House Ways
and Means Committee.
101.21. (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 two 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 two 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 two percent.
(4) With respect to
local health care providers compensation increases shall be two 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 two
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 two
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 two 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 two 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 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.
101.22. (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.
101.23. (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 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 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.
101.24. (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.
101.25. (BCB: Insurance Coverage for Aging Entity
Authorized) The State Budget and Control Board, through the Insurance Reserve Fund, for Fiscal Year 2014-15,
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.
101.26. DELETED
101.27. (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 fifteenth, of the current fiscal year.
101.28. DELETED
101.29. DELETED
101.30. (BCB:
Second Injury Fund Closure Plan) The Budget and Control Board is authorized
and empowered to take all necessary actions to 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 to use the separate and distinct trust and administrative
accounts established for this purpose.
101.31. DELETED
101.32. (BCB:
Cyber Security) All state agencies must adopt and implement cyber security
policies, guidelines and standards developed by the Division of State
Technology. The Division of State Technology may conduct audits on state
agencies except public institutions of higher learning, technical colleges,
political subdivisions, and quasi-governmental bodies as necessary to monitor
compliance with established cyber security policies, guidelines and standards.
Upon request, public institutions of higher learning, technical colleges,
political subdivisions, and quasi-governmental bodies shall submit sufficient
evidence that their cyber security policies, guidelines and standards meet or
exceed those adopted and implemented by the Division of State Technology. In
addition, while agencies retain the primary responsibility and accountability
for ensuring responses to breach incidents comply with federal and state laws,
the Division of State Technology shall be informed of all agency cyber
security breaches, and is authorized to oversee incident responses in a manner
determined by the Division of State Technology to be the most prudent. Upon
request of the Division of State Technology for information or data, all
agencies must fully cooperate with and furnish the Division of State Technology
with all documents, reports, assessments, and any other data and documentary
information needed by the Division to perform its mission and to exercise its
functions, powers and duties. The Judicial and Legislative Branches are
specifically exempt from the requirements set forth herein.
101.33. (BCB:
Restructuring Act Carry Forward) General funds from the Budget and Control
Board’s Office of State Budget, Office of Research and Statistics, and Board of
Economic Advisors shall be carried forward from the prior fiscal year into the
current fiscal year and shall be allocated to the Revenue and Fiscal Affairs
Office and the Executive Budget Office in accordance with the implementation of
the South Carolina Restructuring Act of 2014.
101.34. DELETED