SECTION
93 - D50-DEPARTMENT OF ADMINISTRATION
93.1. (DOA:
Development Disabilities Case Coordination System) Of the funds appropriated
to the Department of Administration, Office of Executive Policy and Programs,
$50,000 must be used as state match for the Developmental Disabilities Council
federal grant. These funds shall be excluded from the Department of
Administration’s base budget calculation of any across-the-board agency base
reductions mandated by the Executive Budget Office or General Assembly.
93.2. (DOA: CCRS
Evaluations & Placements) The amount appropriated in this section under
Special Items Children’s Case Resolution System for Private Placement of
Handicapped School‑Age Children must be used for expenses incurred in the
evaluation of children referred to the CCRS to facilitate appropriate placement
and to pay up to forty percent when placement is made in-state and up to thirty
percent when placement must be made out‑of‑state of the excess cost
of private placement over and above one-per-pupil share of state and local
funds generated by the Education Finance Act, and the one-per-pupil share of
applicable federal funds; provided it has been established that all other
possible public placements are exhausted or inappropriate. The balance of
funding responsibility necessary to provide the child with services must be
determined by the Children’s Case Resolution System (CCRS) and apportioned
among the appropriate public agencies on the basis of the reasons for the
private placement. When the amount appropriated in this section is exhausted,
the funding responsibility must be apportioned according to the procedures of
the CCRS.
93.3. (DOA: CCRS
Significant Fiscal Impact) In accordance with Section 20-7-5240(e) of the 1976
Code, “significant fiscal impact” in the current fiscal year shall be defined
for each designated agency as the greater of (1) funds appropriated by the
General Assembly for the current fiscal year on cases referred to, decided or
placed through the Children’s Case Resolution System or (2) that agency’s
assigned shares in the current fiscal year of five cases decided by the
Children’s Case Resolution System.
93.4. (DOA:
Victim/Witness Program Formula Distribution) If funds in the South Carolina
Victims’ Compensation Fund exceed the amount required to operate the State
Office of Victims Assistance and pay claims of crime victims the first $650,000
of such excess must be used for Victim/Witness programs by distribution to
Judicial Circuits based on a formula and criteria developed by the policy
committee, and otherwise subject to requirements of Section 60.8.
93.5. (DOA:
Physical Abuse Examinations) Of the funds appropriated in this section for
Victims’ Rights, up to $120,000 may be expended for physical abuse
examinations.
93.6. (DOA:
Foster Care-Private Foster Care Reviews) The Department of Administration,
Office of Executive Policy and Programs, Division of Foster Care is authorized
to restructure its programs, including but not limited to, suspending reviews
of children privately placed in private foster care and/or changing the
location of reviews of children in public foster care, to maintain continuous
operations within existing resources as dictated by recent budget reductions.
These decisions must be based upon the availability of existing funds. This
provision supersedes any previous statutory or regulatory mandate.
93.7. (DOA:
Guardian Ad Litem Program) Both the program and the funds appropriated to the
Department of Administration, Office of Executive Policy and Programs, Division
of Children’s Services, Guardian ad Litem Program must be administered
separately from other programs within the Division of Children’s Services and
must be expended for the exclusive use of the Guardian ad Litem Program.
For the current fiscal year,
the Department of Revenue is directed to reduce the rate of interest paid on
eligible refunds by two percentage points. The revenue resulting from this
reduction must be used exclusively for operations of the Guardian ad Litem
program and be deposited in the State Treasury in a separate and distinct fund
known as the “South Carolina Guardian ad Litem Trust Fund.” Unexpended
revenues in this fund carry forward to succeeding fiscal years, and earnings in
this fund must be credited to it. The Guardian ad Litem program may carry
forward the other funds authorized herein for its operations from the prior
fiscal year into the current fiscal year.
93.8. (DOA:
Continuum of Care Carry Forward) The Department of Administration, Office of
Executive Policy and Programs, Division of Continuum of Care may carry forward
funds appropriated herein to continue services.
93.9. (DOA:
Procuring Services) In order to maximize services for victims of crime, if the
fulfilling of requirements pursuant to Section 16-3-1410 of the 1976 Code,
necessitates hiring any outside entities, the State Office of Victims’
Assistance must follow procedures established by the SC Consolidated
Procurement Code. Any entity contracting with the agency will submit an annual
report by August first to the Governor’s Office and to the Chairmen of the
Senate Finance Committee and House Ways and Means Committee detailing
expenditures from the prior fiscal year in accordance with the State Office of
Victims’ Assistance. The Governor’s Office of Executive Policy and Programs is
directed to transfer $122,032 of the funds carried forward from the prior
fiscal year in the Victims’ Compensation Fund, and up to $41,892 from general
funds from Program III.C.1 to pay for any contracts or services procured.
93.10. (DOA: M.J.
“Dolly” Cooper Veterans Cemetery Carry Forward) The Department of
Administration, Office of Executive Policy and Programs, Veterans’ Affairs
Program may carry forward unexpended funds appropriated and/or authorized for
the M.J. “Dolly” Cooper Veterans Cemetery from the prior fiscal year and shall
use such funds for the same purpose. In addition, any unexpended funds in the
Veterans’ Affairs Program, including Special Line Items, shall be carried
forward from the prior fiscal year into the current fiscal year and used for
operation of the M.J. “Dolly” Cooper Veterans Cemetery. Funds carried forward
in excess of the amount needed for the operation of the Cemetery may be used
for other expenses of the Veterans’ Affairs Program. Funds carried forward may
not be transferred to any other Department of Administration programs.
93.11. (DOA: Crime
Victims Ombudsman) For the current fiscal year, the State Office of Victims
Assistance shall transfer $85,000 to the Crime Victims Ombudsman’s Office to be
used for administrative and operational support.
93.12. (DOA:
Veterans’ Affairs Budget Reduction Exemption) Funds appropriated for the
Department of Administration, Office of Executive Policy and Program, Veterans’
Affairs Program shall be excluded from the Department of Administration’s base
budget in the calculation of any across-the-board agency base reductions
mandated by the Executive Budget Office or General Assembly.
93.13. (DOA:
Outside Legal Counsel)In the event circumstances necessitate that the
Department of Administration, Office of Executive Policy and Programs acquire
the services of outside legal counsel, the Department of Administration must
follow procedures established by the SC Consolidated Procurement Code.
*93.14. (DOA:
Inspector General Support Services) For the current fiscal year, the
Department of Administration, Office of Executive Policy and Programs shall be
prohibited from providing support services to the Office of Inspector General.
93.15. (DOA: Carillon
Tower) The Department of Administration,Office of Executive Policy and
Programs, Veterans’ Affairs Program shall use any carry forward funds
authorized for the M.J. “Dolly” Cooper Veterans Cemetery to construct the
Carillon Tower to house the sound system used to provide bell tower music for
the cemetery.
93.16. (DOA: State
House Operation & Maintenance Account) Funds appropriated to the
Department of Administration - for State House Maintenance & Operations
& Renovations must be set aside in a separate account for the operation and
maintenance of the State House. The department shall report annually to the
State House Committee on the amount expended from this fund.
93.17. (DOA:
Wireless Communications Tower) The Department of Administration is directed to
coordinate tower and antenna operations within South Carolina state government.
The department 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 department 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 department 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.
93.18. (DOA:
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, or in the case of supplements paid to college and university
presidents, their board of trustees, 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 Department of Administration. The report must include the
employee’s base salary, amount of the supplement, source of the supplement, 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
Department of Administration shall formulate policies and procedures to ensure
compliance with the reporting provisions of this proviso. Copies of the
reports shall be made available to the Chairman of the Senate Finance Committee
and the Chairman of the House Ways and Means Committee, upon request.
93.19. (DOA:
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.
93.20. (DOA: 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.
93.21. (DOA:
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.
93.22. (DOA:
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.
93.23. (DOA: First
Responder Interoperability) The Department of Administration is directed to
administer and coordinate First Responder Interoperability operations for the
statewide Palmetto 800 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 radio system (Palmetto 800 participants). The
Department of Administration, 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 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 radio
systems with grant funds to be used for purchases of equipment that support
interoperability with the statewide Palmetto 800 radio system and its users.
Grant funds shall be allocated to private county and city radio systems based
on the criteria used for Palmetto 800 Participants andin 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 radio system in order to qualify for receipt of
funds pursuant to this proviso. Each fiscal year the Department of
Administration 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 department 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 equipment purchases, any
remaining funds may be used to enhance and expand the statewide Palmetto 800
radio system. All funds shall be held in a separate account established by the
department 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 Executive Budget
Office or General Assembly, the amount appropriated to the Department of
Administration for First Responder Interoperability must be excluded from the
department’s base budget.
The Department of
Administration shall provide a report on the status of the integration of the
statewide Palmetto 800 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.
93.24. DELETED
93.25. (DOA: 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
Department of Administration 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 nonrecurring 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
Department of Administration 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.
93.26. (DOA: 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 Department of Administration
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 State Fiscal Accountability Authority
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.
93.27. (DOA: Cyber
Security) All state agencies must adopt and implement cyber security policies,
guidelines and standards developed by the Department of Administration. The
department 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 department. In addition, while agencies retain the primary
responsibility and accountability for ensuring responses to breach incidents
comply with federal and state laws,the department shall be informed of all
agency cyber security breaches, and is authorized to oversee incident responses
in a manner determined by the department to be the most prudent. Upon request
of the Department of Administration for information or data, all agencies must
fully cooperate with and furnish the department with all documents, reports,
assessments, and any other data and documentary information needed by the
department 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.
93.28. DELETED
93.29. DELETED
93.30. DELETED
93.31. (DOA:
Holidays) When a legal holiday specified in Section 53-5-10 of the 1976 Code
falls on Sunday, the following Monday and when a holiday specified in that
section falls on Saturday, the preceding Friday next preceding is deemed a
public holiday for all of the purposes. If either the following Monday or the
preceding Friday is also a legal holiday, then the State Human Resources
Director will designate the day upon which the legal holiday will be observed
by state employees. To insure that no more than the legal holidays specified
in Section 53-5-10 are observed in the calendar year, a New Year’s Day that
falls on Saturday must be observed on the following Monday. All bills of
exchange, checks, and promissory notes which would otherwise be presentable for
acceptance or payment on a Monday or Friday observed as a holiday pursuant to
this section are deemed presentable for acceptance or payment on the secular or
business day succeeding the holiday.
93.32. (DOA:
Nuclear Advisory Council) The Office of Regulatory Staff shall reimburse the
Department of Administration for travel expenses associated with the Governor’s
Nuclear Advisory Council from the SC Energy Office’s radioactive waste funds.
**93.33. (DOA:
Classification and Compensation System Study) (A) The Department of
Administration, Human Resources Division shall enter into a contract to conduct
an in-depth study of the state’s classification and compensation system. For
purposes of the study, compensation shall include comprehensive employee
benefits. The vendor must have experience with a state’s compensation system.
The study shall include, but not be limited to:
(1) methods
used to develop and determine position classifications;
(2) methods
used to set pay grade minimum, midpoint, and maximum;
(3) appropriate
market comparisons including, but not limited to, the private sector and local
governments;
(4) methods
to minimize salary disparities within an agency and within state government;
(5) methods
of developing and sustaining a consistent long-term salary increase
administrative policy for state government;
(6) recruitment
and retention tools including, but not limited to, the impact of the Teacher
and Employee Retirement Incentive program;
(7) a
process to address longevity pay deficits that currently exist;
(8) a
state compensation philosophy statement;
(9) an
analysis of merit-based compensation for employees and
(10) an
analysis of unnecessary, underutilized, and duplicative positions in order to
use that pay to increase salaries of existing employees.
The study should also
include interviews with agency heads and human resource staff from state
agencies of various sizes. The cost of the study shall not exceed $300,000.
The findings of the
study along with an implementation plan outlining the steps, sequences, and
costs for implementing study recommendations and findings shall be submitted by
January 4, 2016 to the Classification and Compensation System Study Committee
as defined herein.
(B) There is
created the Classification and Compensation System Study Committee which shall
examine the findings and recommendations submitted by the Department of
Administration, Human Resources Division on the state’s classification and
compensation system.
The committee shall be
composed of eleven members, which shall be appointed as follows: two members
appointed by the Governor; two members appointed by the President Pro Temporary
of the Senate; two members appointed by the Speaker of the House of
Representatives; two members appointed by the Chairman of the Senate Finance
Committee; two members appointed by the Chairman of the House Ways and Means
Committee; and one member appointed by the SC State Employees Association. The
members shall elect a chairman at the first meeting of the committee.
No later than six
months after the date from which a vendor contract has been signed, the
committee shall prepare and deliver a report and recommendation to the Chairman
of the Senate Finance Committee and the Chairman of the House Ways and Means
Committee.
Staff for the
committee shall be provided by the Senate Finance Committee and the House Ways
and Means Committee. Members of the study committee shall serve without
compensation for per diem, mileage, and subsistence.
93.34. (DOA: Office
of Victim Assistance) For the current fiscal year, The State Office of Victim
Assistance may enter into memoranda of agreement with third-party victim
service providers to secure emergency medical, transportation, or other crisis
stabilization services on a reimbursable basis. Such agreements shall not
allow for more than eight percent of the total reimbursement to cover a
provider’s administrative, marketing, and advocacy costs. Annually, and no
later than October first of each year, the State Office of Victim Assistance
shall report to the Governor, the Chairman of Senate Finance Committee, and the
Chairman of House Ways and Means Committee on the performance of third-party
providers and the use of funds authorized pursuant to this provision in the
prior fiscal year.
93.35. (DOA:
Emerging Leaders Program) (A) With the funds appropriated to the Office of
Human Resources, the Department of Administration shall establish an Emerging
Leaders Program (ELP) that is designed to identify and develop the next
generation of South Carolina state government's leaders by attracting and/or
retaining imminent or recent graduates of relevant post-baccalaureate programs
to careers in public service. In order to cultivate effective and innovative
leaders with demonstrated problem-solving capabilities, the program shall be
cohort-based and require participants to complete rotations in a variety of
functional roles that focus on budgeting, policymaking, operations/service
delivery, and other appropriate/elective fields. These rotations shall be
augmented by and interspersed with classroom-based modules on organizational
behavior, decision-making processes, principles of leadership, and other
appropriate topics. The program's ultimate design shall reflect the
department's assessment of best practices in both public-sector and
private-sector management and/or leadership development programs.
(B) Plans for the program
shall be completed in time for the first cohort of participants to be selected
by June 30, 2016.
93.36. (DOA: Union
County Bus Shop) Notwithstanding any other provision of this act, the Division
of General Services, Department of Administration, must distribute the proceeds
from the sale of the Union County Bus Shop equally to Union County School
District and Union County.
93.37. (DOA: Sale
of Port Royal) (A) Within thirty days of the transfer of the real and
personal property at Port Royal to the Department of Administration pursuant to
Section 54-3-700 of the 1976 Code, from the funds appropriated to the
department, the department must order a new appraisal for the property, which
shall be the appraisal to which Section 54-3-700(C)(3) applies. The appraisal
must be conducted in strict accordance with Section 54-3-700(D), and the
department, or the appraisal itself, must demonstrate that the appraisal was
conducted accordingly. Upon the completion of the appraisal, the department
must publish the appraisal, in its entirety, on the website maintained by the
department. Also, the department shall make the appraisal available to any
interested party.
(B) Beginning on the
first day of the first month beginning thirty days after the completion of the
appraisal, the department shall list the property for sale at public auction.
The auction shall close ninety days thereafter. If the department is unable to
close the sale of the property to the highest qualifying bidder, the department
must sell the property to the second highest qualifying bidder if the bidder is
willing to close at the same bid amount. If the department is unable to close
the sale of the property to the second highest qualifying bidder, the
department shall continue this process until it has exhausted all qualifying
bidders. For purposes of this section, a qualifying bid is a bid that meets
the requirements of Section 54-3-700(C)(3).
(C) Upon the transfer of
the real and personal property at Port Royal to the Department of
Administration pursuant to Section 54-3-700, the State Ports Authority, and any
of its representatives, are divested of any authority, control, jurisdiction,
or legal standing in regards to the property.
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