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.