General Appropriations Bill H. 4600 for the fiscal year beginning July 1, 1996
PAGE 70 1 PART IB 2 3 OPERATION OF STATE GOVERNMENT 4 5 SECTION 1 6 7 1.1. (Revenues, Deposits Credited to General Fund) For the current fiscal year, except as hereinafter specifically 8 provided, all general state revenues derived from taxation, licenses, fees, or from any other source whatsoever, and all 9 institutional and departmental revenues or collections, including income from taxes, licenses, fees, the sale of commodities 10 and services, and income derived from any other departmental or institutional source of activity, must be remitted to the State 11 Treasurer at least once each week, when practical, and must be credited, unless otherwise directed by law, to the General 12 Fund of the State. Each institution, department or agency, in remitting such income to the State Treasurer, shall attach with 13 each such remittance a report or statement, showing in detail the sources itemized according to standard budget classification 14 from which such income was derived, and shall, at the same time, forward a copy of such report or statement to the 15 Comptroller General and the State Budget and Control Board. In order to facilitate the immediate deposit of collections, 16 refunds of such collections by the State institutions where properly approved by the authorities of same, may be made in 17 accordance with directions from the State Comptroller General and State Treasurer. Revenues derived from the General 18 Retail Sales Tax, the Soft Drinks Tax, and the State's portion of Revenue derived from the Alcoholic Liquors Tax and Cable 19 Television Fees, must be expended to cover appropriations herein made for the support of the public school system of the 20 State only, and any amount of such appropriations in excess of these revenues shall be paid from other General Fund 21 Revenues. Appropriations in this Act for the support of the public school system shall include the following: 22 23 Department of Education; 24 State Board for Technical and Comprehensive Education; 25 Educational Television Commission; 26 Wil Lou Gray Opportunity School; 27 School for the Deaf and the Blind; 28 John de la Howe School; 29 Debt Service on Capital Improvement Bonds Applicable to Above Agencies; 30 Debt Service on School Bonds. 31 Other School Purposes. 32 33 34 SECTION 1A 35 36 1A.1. (Use of Funds) It is the intent of the General Assembly to appropriate all State funds and to authorize and/or 37 appropriate the use of all Federal and other funds for the operations of State agencies and institutions for the current fiscal 38 year. Transfers of funds may be approved by the Budget and Control Board under its authority or by the agency as set forth 39 herein in Section 72.9. Any agency which requests or transfers personal service funds must indicate on the transfer document 40 whether or not a reduction in force is involved. To the extent practicable, all agencies and institutions having Federal or 41 other funds available for the financing of their operation shall expend such funds in accordance with the intent of this Act. 42 The authorization to spend Federal and other funds shall be decreased to the extent that receipts from these sources do not
PAGE 471 1 meet the estimates as reflected in each Section of this Act; and any increase shall be authorized through the review process 2 as set forth in Act 651 of 1978 as amended. 3 4 5 SECTION 2 6 7 2.1. (Appropriations From Funds) Subject to the terms and conditions of this act, the sums of money set forth in this 8 Part, if so much is necessary, are appropriated from the general fund of the state, the education improvement act fund, the 9 highways and public transportation fund, and other applicable funds, to meet the ordinary expenses of the state government 10 for Fiscal Year 1995-96, 1996-97, and for other purposes specifically designated. 11 12 13 SECTION 2A 14 15 2A.1. (Fiscal Year Definitions) For purposes of the appropriations made by this Part, "current fiscal year" means the 16 fiscal year beginning July 1, 1995, 1996, and ending June 30, 1996, 1997, and "prior fiscal year" means the fiscal year 17 beginning July 1, 1994, 1995, and ending June 30, 1995. 1996. 18 2A.2. (Descriptive Proviso Titles) Descriptive proviso titles listed in this Act are for purposes of identification only and 19 are not to be considered part of the official text. 20 21 22 A99 - SECTION 3 - LEGISLATIVE DEPARTMENT 23 24 3.1. (LEG: Legislative Employee Designations) The positions included in this section designated (P) shall denote a 25 permanent employee and the salary is an annual rate. The positions designated (T) shall denote a temporary employee and 26 the salary is for a period of six months to be paid at that rate only while the General Assembly is in session. The positions 27 designated as (Interim) shall denote a temporary employee and the salary is for a period of six months to be paid at that rate 28 while the General Assembly is not in session. The positions designated (PTT) shall denote part-time temporary employees 29 on a twelve months basis. The positions designated (PPT) shall denote permanent part-time employees retained for full-time 30 work on a six months basis or the duration of the legislative session. 31 3.2. (LEG: House Employee Reimbursement) The Speaker of the House is authorized to reimburse travel and other 32 expenses incurred by employees of the House of Representatives for official business in accord with current rules and 33 regulations. 34 3.3. (LEG: Approved Accounts Expenditure) The clerks of the two Houses and the Legislative Council are authorized 35 to issue their warrants on Approved Accounts for necessary extra clerical or other services upon approval of the Speaker 36 of the House or Lieutenant Governor, respectively. 37 3.4. (LEG: Legislative Employee BPI/Merit) Notwithstanding any other provision of law, legislative employees 38 designated (P) or (PPT) shall receive base pay and average merit pay in the same manner as such pay is granted to classified 39 state employees. For purposes of this proviso, "legislative employees" does not include employees of the House of 40 Representatives. 41 3.5. (LEG: House Employees Salary Adjustments) Necessary temporary or permanent research assistants for the House 42 of Representatives shall be paid from Approved Accounts of the House upon approval of the Speaker with the advice and
SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 472 1 consent of the Chairman of the standing committees. The Speaker may adjust salary levels of employees of the House, to 2 be paid for from funds carried forward from the Research Assistant Accounts. 3 3.6. (LEG: Interim Expenses Allowance) The Chairman of the Standing House and Senate Committees shall each be 4 allowed the sum of four hundred dollars for expenses during the interim, between sessions of the General Assembly, to be 5 paid from the House or Senate approved accounts, with each body paying the expense allowance of the chairman in its 6 membership. 7 3.7. (LEG: Subsistence/Travel Regulations) Notwithstanding any other provision of law: 8 a. Members of the General Assembly shall receive subsistence expense equal to the maximum allowable by regulation 9 of the Internal Revenue Code, for the Columbia area for each legislative day that the respective body is in session and in 10 any other instance in which a member is allowed subsistence expense. No member of the General Assembly except those 11 present are eligible for subsistence on that day. Legislative day is defined as those days commencing on the regular annual 12 convening day of the General Assembly and continuing through the day of adjournment sine die, excluding Friday, Saturday, 13 Sunday and Monday. 14 b. Standing Committees of the Senate and House of Representatives are authorized to continue work during the interim. 15 When certified by the Chairman, the members serving on such Committees shall receive a subsistence as provided in item 16 "a." above, mileage at the rate provided for by law, and the regular per diem established in this Act for members of boards, 17 commissions, and committees while attending scheduled meetings. Members may elect to receive actual expenses incurred 18 for lodging and meals in lieu of the allowable subsistence expense. The funds for allowances specified in this proviso shall 19 be paid to the members of the Senate or House of Representatives from the Approved Accounts of the respective body except 20 as otherwise may be provided. 21 c. Joint Study Committees created pursuant to Acts and Resolutions of the General Assembly are authorized to continue 22 work during the interim to secure such information and complete such investigations as may be assigned to the respective 23 Committees. When certified by the Chairman, the members appointed to such Committees shall receive a subsistence as 24 provided in item "a." above, mileage at the rate provided for by law and the regular per diem established in this Act for 25 members of boards, commissions, and committees while attending scheduled meetings. Members may elect to receive actual 26 expenses incurred for lodging and meals in lieu of the allowable subsistence expense. The allowances specified in this 27 proviso shall be paid from funds appropriated to the respective Committees for such purposes, or from Approved Accounts 28 of the respective body of the General Assembly if no funds have been appropriated to such a Committee for these purposes. 29 d. Members of the Senate and the House of Representatives when traveling on official State business shall be allowed 30 a subsistence as provided in item "a." above, transportation expenses as provided for by law and the regular per diem 31 established in this Act for members of boards, commissions, and committees upon approval of the appropriate Chairman. 32 When traveling on official business of the Senate or the House of Representatives not directly associated with a Committee 33 of the General Assembly, members shall be paid the same allowance upon approval of the President Pro Tempore of the 34 Senate or the Speaker of the House of Representatives. In either instance, the members may elect to receive actual expenses 35 incurred for lodging and meals in lieu of the allowable subsistence expense. The funds for the allowances specified in this 36 proviso shall be paid from the Approved Accounts of the Senate or the House of Representatives or from the appropriate 37 account of the agency, board, commission, task force or committee upon which the member serves. 38 3.8. (LEG: Expense/Compensation Vouchers) All vouchers for the payment of the expenses and/or compensation of 39 committees of the General Assembly shall be prepared by the Clerks of the two Houses. 40 3.9. (LEG: Senate Voucher Approval) All payroll vouchers disbursement vouchers, and interdepartmental transfers of 41 the Senate shall only require the approval of the Clerk of the Senate. 42 3.10. (LEG: Supplies Approval) Notwithstanding any other provision of law, all supplies for the Senate shall be
SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 473 1 purchased only upon the authority of the Clerk of the Senate and all supplies for the House of Representatives shall be 2 purchased only upon the authority of the Clerk of the House. 3 3.11. (LEG: Telephone Service) The Clerks of the Senate and the House, with the approval of the Senate Operations 4 and Management Committee and the Speaker of the House, respectively, shall cause to be installed such telephone service 5 as may be appropriate for use of the membership and presiding officer of each legislative body. 6 3.12. (LEG: Research Directors Appointment) The Speaker of the House shall appoint the Executive Director of 7 Research. The Speaker, with the advice and consent of the individual committee chairman, shall appoint the Director of 8 Research for each standing committee. 9 3.13. (LEG: House Pages) One hundred forty-four Pages shall be appointed by the Speaker of the House of 10 Representatives and they shall be available for any necessary service to the House of Representatives. 11 3.14. (LEG: Sergeant-At-Arms & Director of Security Duties) The duties of the Sergeant-at-Arms and Director of 12 Security of the respective Houses and/or Assistant Sergeant-at-Arms shall be those provided by the Code, the Rules of the 13 respective Houses, those designated by the President Pro Tempore of the Senate or the Speaker of the House, the security 14 of personnel and property of the respective Houses, and in addition the Sergeant-at-Arms and Director of Security of the 15 respective Houses and/or Assistant Sergeant-at-Arms shall meet and escort visitors in and about their respective bodies and 16 shall, during the hours of duty, be dressed in a distinctive manner so as to be easily identified as Sergeant-at-Arms and 17 Director of Security of the respective Houses. 18 3.15. (LEG: Leg. Council Employment/Salary Adjustments) The Legislative Council is authorized to employ additional 19 stenographic or other help between sessions as the Council may deem necessary, at such salary or salaries as the Council 20 may set, to be paid from Approved Accounts. Notwithstanding any limitation or other provision of law to the contrary, the 21 Legislative Council may adjust salaries for Legislative Council personnel. Any adjustments made must be paid from funds 22 appropriated for the Council or from the funds appropriated to the Council under Section 3C for this purpose, or both. 23 3.16. (LEG: Leg. Information Systems Management) The Legislative Information Systems shall be under the direction 24 and management of a council composed of the President of the Senate, Speaker of the House, Chairman of Senate Finance 25 Committee, Chairman of House Ways and Means Committee, Chairman of the Senate Judiciary Committee and Chairman 26 of the House Judiciary Committee. 27 3.17. (LEG: Legislative Printing Management) The Office of Legislative Printing and Information Technology 28 Resources shall operate under the supervision and administrative direction of the Clerks of the respective Houses. 29 3.18. (LEG: State House Renovation) Any improvements and additions to the State House must be recommended or 30 approved by the State House Committee of the General Assembly, and that bidding, executing, and carrying out of contracts 31 shall be in accord with standing regulations and procedures for any other work of the same type applicable to agencies and 32 institutions of State government. 33 3.19. (LEG: Senate Research Personnel Compensation) Notwithstanding any other provision of law, Senate Research 34 personnel other than Directors of Research and the committee research staff shall be paid from funds appropriated for Senate 35 Research at the direction of the Clerk of the Senate. 36 3.20. (LEG: Legislative Council Availability) Personnel employed under the provisions of Subsection 3C of this section 37 for Legislative Research shall be available upon request of the Committee Chairman to work with the standing or interim 38 committees of the Senate and the House of Representatives. 39 3.21. (LEG: Contract for Services) The Standing Committees of the Senate may, upon approval of the President Pro 40 Tempore, contract with state agencies and other entities for such projects, programs, and services as may be necessary to 41 the work of the respective committees. Any such projects, programs or services shall be paid from funds appropriated for 42 contractual services.
SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 474 1 3.22. (LEG: Jt. Leg. Committee Operational Authorization) Only the Joint Legislative Committees for which funding 2 is provided herein are authorized to continue operating during the current fiscal year under the same laws, resolutions, rules 3 or regulations which provided for their operations during the prior fiscal year. 4 3.23. (LEG: Legislative Carry Forward) In addition to the funds appropriated in this section, the funds appropriated 5 under Sections 3A, 3B, 3C, 3D, and 3G for the prior fiscal year which are not expended during that fiscal year may be 6 carried forward to be expended for the same purposes in the current fiscal year. 7 3.24. (LEG: Senate Expenditures/O&M Committee) Notwithstanding any limitation or other provisions of law to the 8 contrary, funds expended by the Senate for salary adjustments, professional fees and dues and necessary expenses, supplies, 9 and equipment for Senate employees, must be paid from funds appropriated to the Senate Operations and Management 10 Committee and funds available in approved accounts of the Senate, and shall be authorized and allocated in such manner as 11 determined by the Senate Operations and Management Committee. 12 3.25. (LEG: Nurses) The State shall provide to the nurses under Subsection 3A of this section the same leave time and 13 basic health and accident insurance coverage as is provided other state employees pursuant to law. All of the amount 14 provided in 3A for nurses shall be utilized for the specified purpose. 15 3.26. (LEG: Dues) The funds provided herein for the Council of State Governments and the National Conference of 16 State Legislatures are appropriated to be paid as dues to the respective organizations and these funds shall not be transferred 17 to any other program. 18 3.27. (LEG: Copy of Act to Counties) Notwithstanding any other provision of law, the Clerk of the House is required 19 to send only one copy of each Act to the Clerk of the Court of the various counties. 20 3.28. (LEG: In-District Compensation) All members of the General Assembly shall receive an in district compensation 21 of $300 per month for the months of July, 1994 through December, 1994. All members of the General Assembly shall 22 receive an in district compensation of $1,000 per month effective January 1, 1995. 23 3.29. (LEG: Additional House Support Personnel) An amount of $150,000 is appropriated for the purpose of providing 24 additional support personnel to assist House members who are not already being furnished with direct legislative assistance 25 in the conduct of their Legislative responsibilities. This amount shall be used for staffing requirements where necessary for 26 part time personnel. The additional personnel shall be used only when the House is in regular, extended, or special session. 27 At a member's request, the House Operations and Management Committee may use any unexpended portion of a member's 28 allotment to purchase equipment for a member's office. 29 3.30. (LEG: Per Diem) No per diem may be paid to any person from more than one source for any one calendar day. 30 3.31. (LEG: House Postage) The Speaker of the House is authorized to approve no more than $600 per member per 31 fiscal year for postage. 32 3.32. (LEG: Legislative Dual Employment) Each committee and joint legislative committee provide a list to the 33 members of the General Assembly of all employees who hold dual positions of state employment. 34 3.33. (LEG: Legislative Council Proofreaders) The Director of the Legislative Council is authorized to have the staff 35 proofreaders work one month before and one month after the session. 36 3.34. (LEG: Study Committee - Education) A joint study committee, consisting of three members of the House Ways 37 and Means Committee appointed by the Chairman of the House Ways and Means Committee, one member of the House 38 Education and Public Works Committee appointed by the Chairman of the House Education and Public Works Committee, 39 three members of the Senate Finance Committee appointed by the Chairman of the Senate Finance Committee, one member 40 of the Senate Education Committee appointed by the Chairman of the Senate Education Committee, and three members 41 appointed by the Governor, shall study formula funding in education programs. The Chairman of the Senate Finance 42 Committee shall convene the initial meeting of the study committee. The formulas to be studied include those utilized in
SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 475 1 Education Finance Act programs, the determination of the Southeastern average teacher pay, and the funding of institutions 2 of postsecondary education. The State Board of Education, the State Board for Technical and Comprehensive Education, 3 the Commission on Higher Education and any institution of postsecondary education or school district must provide the 4 committee such information as the committee requests. The first priority for committee study is the Education Finance Act 5 including, but not limited to, the base student cost, the index of taxpaying ability including specifically the impact of the 6 emergence of totally self-reliant school districts upon the formula and the annual inflation factor. The expenses of the 7 legislative members of the study committee shall be paid from the approved accounts of their respective bodies. The 8 expenses of the gubernatorial appointees shall be absorbed within the Governor's office. 9 3.35. (LEG: House Staff Reclassification/Compensation) The appropriation for Staff Reclassification Compensation 10 provided for in Section 3B is for use by the Speaker for reclassification and salary adjustment of any employee of the House 11 of Representatives after consultation with the Operations and Management Committee and the chairmen of the other Standing 12 Committees of the House. 13 3.36. (LEG: House/Senate Staff Outside Employment) Full-time employees of the House of Representatives and the 14 Senate are prohibited from outside employment during normal working hours, except with the permission of an employee's 15 department head, and annual leave must be taken for any approved outside employment. 16 3.37. (LEG: Guardian Ad Litem Pgm. Technology Equipment) Notwithstanding any other provision of law, or agency 17 regulation, requirement or policy to the contrary, the Guardian Ad Litem Program is authorized to procure necessary 18 technology equipment under the provisions and procedures set forth in Chapter 35 of Title 11 of the 1976 Code as amended. 19 3.38. (LEG: Dialup Facility) Upon review and approval by the Council as provided in 3.16., Legislative Information 20 Systems is authorized to charge fees for the use of its Dialup Facility and to retain, use and carry forward these funds to be 21 used only for equipment and maintenance for this Facility. 22 3.39. (LEG: Leg. Council Combined Position) The Director of the Legislative Council, with the approval of the 23 Council, is authorized to combine two or more stenographic, clerical, technical assistant, or administrative assistant positions 24 into one with a job description for the combined position to be approved by the Council, with a compensation level also 25 approved by the Council. The appropriations or any portion thereof for the positions combined into one may be used to fund 26 the combined position. 27 3.40. (LEG: Selected Agencies Base Budget Study) By August 1, the Chairman of the Senate Finance Committee and 28 the Chairman of the House Ways and Means Committee, in consultation with their respective committee members, shall 29 jointly undertake a study and review of the base budgets of selected state agencies with similar functions. The review must 30 include, as a minimum, an analysis to determine whether each agency is 1) complying with its statutory role, 2) providing 31 mandated services efficiently and effectively, 3) administratively organized to attain maximum efficiency, and 4) 32 unnecessarily duplicating services or administration of any agency. The Chairmen must develop a plan for accomplishing 33 this review and shall refer portions of the plan and related analysis to appropriate legislative and executive branch oversight 34 agencies. Such agencies must provide the analysis needed from existing resources and provide a report in the timeframe 35 specified. 36 All state agencies selected for review must cooperate fully in the conduct of these base budget reviews. Notwithstanding 37 any other provision of law, agencies providing analysis must set their priorities to accomplish the base budget review as set 38 forth herein. 39 3.41. (LEG: Reorganization Comm. Publications Carry Forward) The State Reorganization Commission shall provide 40 a copy of all publications to each member of the General Assembly, the Governor, and the Lieutenant Governor. The 41 Commission may also provide a copy of publications to state agency directors. The Commission may charge, for additional 42 copies, and other requests for publications, an amount to cover the cost of printing and expenses of postage and shipping
SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 476 1 of publications. Revenue generated may be retained and expended by the Commission to reimburse it for the printing of 2 its publications and to pay the expenses of postage and shipping. Any remaining balance in the sale of publications account 3 may be carried forward and expended for the same purpose. 4 3.42. (LEG: Sales Tax on Copies of Legislation) No sales tax is required to be charged or paid on copies of or access 5 to legislation or other informational documents provided to the general public or any other person by a legislative agency 6 when a charge for these copies is made reflecting the agency's cost thereof. Funds received as revenue from the sale of 7 materials or as reimbursements for the cost of providing certain supplies or services or refunds must be remitted to the State 8 Treasurer as collected, but in no event later than twelve (12) working days from the date of the receipt of any such funds. 9 3.43. (LEG: House Postage/Telephone Allocation) Any member of the House who has not used all of his annual 10 allocation for postage or all of his annual allocation for telephone expenses may use the remaining funds in one category in 11 the other category during that year. 12 3.44. (LEG: Jt. O&M Committee/Jt. Legislative Committees) It shall be the responsibility of the Joint Operations and 13 Management Committee to allocate funds to the Joint Legislative Committees. 14 3.45. (LEG: (Legislative Oversight of Medicaid Waiver) There is created the Legislative Medicaid Waiver Task Force 15 consisting of the following voting members: the Governor or his designee, up to three members of the Senate Finance 16 appointed by the Chairman of Senate Finance, up to three members of Ways and Means appointed by the Chairman of Ways 17 and Means and up to three members appointed by the Chairman of the Joint Committee on Health Care Planning and 18 Oversight. This Task Force shall (1) oversee planning and implementation of the medicaid waiver which was applied for 19 on March 3, 1994; and (2) review the budgets of all state agencies which might be affected by the conversion to managed 20 care and the expansion of medicaid coverage to potentially over 200,000 additional South Carolinians. In addition to the 21 Governor and the legislative members, the Chairmen of Senate Finance, Ways and Means and Health Care Planning and 22 Oversight may jointly appoint up to six representatives of public and private interests, one of whom must be a consumer, 23 who are significantly affected by the waiver. Such representatives will serve as non-voting members of the Task Force. 24 The legislative members of the Task Force shall elect one member to serve as chairman and one member to serve as vice 25 chairman. The Task Force shall periodically report to all members of the General Assembly concerning the progress of the 26 waiver. The Speaker of the House, President Pro Tempore of the Senate and Chairman of the Health Care Planning and 27 Oversight Committee shall jointly designate staff from the House and Senate to provide necessary administrative, legal and 28 research services for the Task Force, and to the extent practical, use the personnel of appropriate state agencies and 29 commissions with such administrative and legal resources. 30 3.46. (LEG: House Personnel BPI/Merit/Bonus Compensation) Notwithstanding any limitation or other provisions of 31 law to the contrary, the Speaker shall authorize and allocate any base pay increase, merit pay or bonus among House staff 32 in the manner that the Speaker determines after consultation with the Operations and Management Committee and the 33 Chairmen of the standing committees of the House. 34 3.47. (LEG: General Assembly Exemption) Notwithstanding any other provision of law or regulation, or any limitation 35 or provision contained in this act, each branch of the General Assembly is exempt from any provision which requires the 36 approval of the Budget and Control Board or any other executive branch agency for the expenditure, management or transfer 37 of any authorized appropriations. 38 3.48. (LEG: State House Renovation Schedule) The State House Committee is authorized, beginning in July 1994 to 39 establish schedules for the completion of the State House Renovation project by January 1, 1997. General Services must 40 submit to the State House Committee, schedules that will accomplish these time frames. The General Assembly will relocate 41 to the Carolina Plaza for the 1996 and 1997 sessions. Work should begin at such time so as to ensure the readiness of the 42 Carolina Plaza for the 1996 and 1997 sessions of the General Assembly. Upon the approval of these schedules by that
SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 477 1 Committee all current tenants of the State House will be relocated to other space within the Capital Complex area. 2 Reassignment of space by the State House Committee must be completed prior to the completion of the State House 3 Renovation project. 4 3.49. (LEG: House Ethics Committee) The House of Representatives Legislative Ethics Committee shall deposit 5 revenues from penalties assessed by the committee and copying of documents into the General Fund. 6 3.50. (LEG: Capital Projects Oversight Committee) DELETED 7 3.51. (LEG: Prohibit General Assembly Compensation - Felony Conviction) DELETED 8 9 10 B04 - SECTION 4A - JUDICIAL DEPARTMENT 11 12 4.1. (JUD: Prohibit County Salary Supplements) County salary supplements of Judicial Department personnel shall be 13 prohibited. 14 4.2. (JUD: County Offices For Judges) Every county shall provide for each circuit and family judge residing therein 15 an office with all utilities including a private telephone, and shall provide the same for Supreme Court Justices and Judges 16 of the Court of Appeals upon their request. 17 4.3. (JUD: Commitments to Treatment Facilities) The appropriation for continued implementation of Article 7, Chapter 18 17, of Title 44 of the 1976 Code, Chapter 24 of Title 44 of the 1976 Code, and Chapter 52 of Title 44 of the 1976 Code, 19 relating to commitments, admissions and discharges to mental health facilities, or treatment facility for the purpose of alcohol 20 and drug abuse treatment, shall be expended for the compensation of court appointed private examiners, guardians ad litem, 21 and attorneys for proposed patients, and related costs arising from the filing, service and copying of legal papers and the 22 transcription of hearings or testimony. Court appointed private examiners, guardians ad litem and attorneys shall be paid 23 at such rates or schedules as are jointly determined to be reasonable by the South Carolina Association of Probate Judges, 24 the State Court Administrator and the South Carolina Department of Mental Health with the approval of the Attorney 25 General. 26 4.4. (JUD: Judicial Commitment) Except as otherwise provided in Section 72.1., no money appropriated pursuant to 27 Item VI, Judicial Commitment shall be used to compensate any state employees appointed by the court as examiners, 28 guardians ad litem or attorneys nor shall such funds be used in payment to any State agency for providing such services by 29 their employees. 30 4.5. (JUD: Judicial Expense Allowance) Each Supreme Court Justice, Court of Appeals Judge, Family Court Judge and 31 Circuit Court Judge shall receive two hundred fifty dollars per month as expense allowance. 32 4.6. (JUD: Special Judge Compensation) In the payment of funds from "Contractual Services," and "Administrative 33 Fund," that no Special Judge shall be paid for more than a two week term within a fiscal year except that this restriction will 34 not apply in case of an ongoing trial. 35 4.7. (JUD: Advance Sheet Revenues Deposit) The Judicial Department must deposit in the General Fund of the State 36 during the current fiscal year, all advance sheet revenues, including any carried forward balance from prior years. 37 4.8. (JUD: BPI/Merit) Judicial employees shall receive base and average merit pay in the same percentages as such pay 38 are granted to classified state employees. 39 4.9. (JUD: Supreme Court Bar Admissions Carry Forward) Any funds collected or carried forward from Supreme Court 40 Bar Admissions in excess of the amount required to be remitted to the General Fund may be carried forward and expended 41 in the current fiscal year for the benefit of the Bar Admissions unit. 42 4.10. (JUD: Travel Reimbursement) State employees of the Judicial Department traveling on official state business must
SECTION 4A - JUDICIAL DEPARTMENT PAGE 478 1 be reimbursed in accordance with Section 72.32(J) of this Act. 2 3 4 C05 - SECTION 5 - ADMINISTRATIVE LAW JUDGE DIVISION 5 6 5.1. (ALJ: Copying Costs Revenue Deposit) The Administrative Law Judge Division shall retain and expend, for the 7 same purpose for which it is generated, all revenue received during the current fiscal year as payment for printing and 8 distributing copies of court rules and other agency documents. 9 5.2. (ALJ: Revenue Carry Forward) The Administrative Law Judge Division may carry forward unexpended funds 10 received pursuant to Act 423 of 1994 in order to continue establishing its offices and furnishings. 11 12 13 D21 - SECTION 6DD - THE GOVERNOR 14 15 6DD.1. (GOV: OEPP - Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, in 16 Subsection 6C of this Section "Implementing Federal Programs" and "To Match F.E.M.A. Flood Disaster Funds" may be 17 carried forward to the current fiscal year and used for matching committed and/or unanticipated Grant Funds. 18 6DD.2. (GOV: OEPP - Mining Council Carry Forward) Any unexpended balance on June 30, of the prior fiscal year 19 of funds, not to exceed $2,000, appropriated under Section 6C I Special Items: Mining Council may be carried forward and 20 expended for this same purpose in the current fiscal year. 21 6DD.3. (GOV: OEPP - Developmental Disabilities Program) The South Carolina Developmental Disabilities Program 22 of the Office of the Governor, Office of Executive Policy and Programs is authorized to provide aid to sub-grantees for 23 projects and services to benefit persons with developmental disabilities. The intent of this provision is not to duplicate other 24 State Agency programs which are considered the legal and programmatic mandate of existing State agencies, but rather to 25 fill gaps that exist in the state service delivery system related to his target population as identified and addressed in the 26 Developmental Disabilities State Plan. 27 6DD.4. (GOV: OEPP - Development Disabilities Case Coordination System) $112,559, less any pro rata share 28 adjustment of any mandated base budget reduction, of the sums appropriated under OEPP, Allocations to Other State 29 Agencies must be for the South Carolina Development Disabilities Case Coordination System. 30 6DD.5. (GOV: OEPP - CCRS Evaluations & Placements) The amount appropriated in this Section under Special Items 31 Children's Case Resolution System for Private Placement of Handicapped School-Age Children must be used for expenses 32 incurred in the evaluation of children referred to the CCRS to facilitate appropriate placement and to pay up to forty percent 33 when placement is made in-state and up to thirty percent when placement must be made out-of-state of the excess cost of 34 private placement over and above one per pupil share of state and local funds generated by the Education Finance Act, and 35 the one per pupil share of applicable federal funds; provided it has been established that all other possible public placements 36 are exhausted or inappropriate. The balance of funding responsibility necessary to provide the child with services must be 37 determined by the Children's Case Resolution System (CCRS) and apportioned among the appropriate public agencies on 38 the basis of the reasons for the private placement. When the amount appropriated in this section is exhausted, the funding 39 responsibility must be apportioned according to the procedures of the CCRS. 40 6DD.6. (GOV: SLED - Special Account Carry Forward) Funds awarded to the State Law Enforcement Division by 41 either court order or from donations or contributions shall be deposited in a special account with the State Treasurer, and 42 shall be carried forward from year to year, and withdrawn from the Treasurer as needed to fulfill the purposes and conditions
SECTION 6DD - THE GOVERNOR PAGE 479 1 of the said order, donations or contributions, if specified, and if not specified, as may be directed by the Chief of the State 2 Law Enforcement Division. Funds expended from the special account must be reviewed by the Joint Appropriations Review 3 Committee. 4 6DD.7. (GOV: SLED - Computer/Communications Center Carry Forward) Revenue generated from the operation of 5 the Division's criminal justice computer/communications center and not expended during the prior fiscal year may be carried 6 forward and expended for the same purpose during the current fiscal year. 7 6DD.8. (GOV: SLED - Criminal Record Search Fee) The State Law Enforcement Division is hereby authorized to 8 charge, collect and carry forward a fee, not to exceed $25 each, for criminal record searches conducted pursuant to 9 Regulations contained in Chapter 73, Article 3, Subarticle 1 of the Code of State Regulations. Any such fees shall be 10 retained and used for agency operations. 11 6DD.9. (GOV: SLED - Revenue Carry Forward) Notwithstanding any other provision of law, all revenue generated 12 by SLED from the sale of vehicles, various equipment, gasoline and insurance claims during the prior fiscal year may be 13 retained carried forward and expended for the purpose of purchasing like items. 14 6DD.10. (GOV: OEPP - Program Budget) The Governor's Office shall submit to the Ways and Means Committee and 15 Senate Finance Committee by January 1 of each year, a Program Budget for Section 6C enumerating the planned use of 16 Federal, State and Other Funds. 17 6DD.11. (GOV: SLED - Agents Operations Carry Forward) Any unexpended balance on June 30, of the prior fiscal 18 year, in subsection 6B of the Section "Agents Operations" may be carried forward and expended for the same purpose in 19 the current fiscal year. 20 6DD.12. (GOV: OEPP - CCRS Significant Fiscal Impact) In accordance with Section 20-7-5240 (e) of the 1976 Code, 21 "significant fiscal impact" in the current fiscal year shall be defined for each designated agency as the greater of (1) funds 22 appropriated by the General Assembly for the current fiscal year on cases referred to, decided or placed through the 23 Children's Case Resolution System or (2) that agency's assigned shares in the current fiscal year of five cases decided by 24 the Children's Case Resolution System. 25 6DD.13. (GOV: SLED - Match for Federal Grants Carry Forward) State appropriations to SLED that are required to 26 provide match for federal grant programs in the prior fiscal year may be carried forward into the current fiscal year and 27 expended for the same purpose as originally appropriated. 28 6DD.14. (GOV: SLED - Night Telephone Operators Accommodations) The State Law Enforcement Division is hereby 29 authorized to provide accommodations/utility service without any charge to night telephone operators. 30 6DD.15. (GOV: SLED Clothing Allowance) The State Law Enforcement Division is hereby authorized to provide agents 31 and criminalists with an annual clothing allowance (on a pro rata basis) not to exceed $400 per agent/criminalist for required 32 clothing used in the line of duty. 33 6DD.16. (GOV: SLED - Witness Fee) The State Law Enforcement Division is hereby authorized to charge a witness 34 fee of $100.00 per hour up to $400.00 per day for each criminalist testifying in civil matters which do not involve the State 35 as a part in interest. This fee shall be charged in addition to any court prescribed payment due as compensation or 36 reimbursement for judicial appearances and deposited into a designated revenue account. 37 6DD.17. (GOV: Governor's Office Budget) All other provisions of law notwithstanding, the Office of Executive Policy 38 and Programs section, the Executive Control of State section and Mansion and Grounds section shall be treated as a single 39 budget section for the purpose of transfers and budget reconciliation. 40 6DD.18. (GOV: SLED - RAID Team) Membership of the Retaliation Against Illegal Drugs (RAID) Team and all 41 expenses thereto shall be comprised only of law enforcement agents of the State Law Enforcement Division. 42 6DD.19. (GOV: Victim Advocate Policy Committee) The policy committee appointed pursuant to Section 79.3 of the
SECTION 6DD - THE GOVERNOR PAGE 480 1 1988-89 General Appropriations Act is hereby continued for the purpose of monitoring the implementation of the guidelines 2 developed by it, making such revisions as appear appropriate, assisting and advising the director in development and revision 3 of forms, information and criteria used to evaluate compliance with the guidelines by victim advocate programs in solicitor's 4 offices. 5 The information gathered from these programs shall be aggregated by the director into the annual report of the agency 6 which is submitted to the Governor, Speaker of the House of Representatives and the President of the Senate. 7 6DD.20. (GOV: Victim Assistance Programs) It is the intent of the General Assembly that the amounts appropriated in 8 this section for victim assistance programs in solicitors' offices shall be in addition to any amounts presently being provided 9 by the county for these services and may not be used to supplant funding already allocated for such services. Any reduction 10 by any county in funding for victim assistance programs in solicitors' offices shall result in a corresponding decrease of state 11 funds provided to the solicitors' office in that county for victim assistance services. Each solicitor's office shall submit an 12 annual financial and programmatic report which describes the use of these funds. The report shall be submitted to the 13 Governor, the Attorney General, the Chairman of the House Ways and Means Committee, and the Chairman of the Senate 14 Finance Committee on October 1, for the preceding fiscal year. 15 6DD.21. (GOV: Establish Victim/Witness Program) Of the The funds appropriated in this section for Victim/Witness 16 Program, $350,000 must be equally divided among the judicial circuits, less any adjustments made for budget reductions. 17 The funds for each circuit must be distributed to the solicitor's office of that circuit and only used by the solicitor for the 18 purpose of establishing a Victim/Witness Program in the circuit which shall provide, but not be limited to, the following 19 services: 20 (1) Make available to victims/witnesses information concerning their cases from filing in general sessions court through 21 disposition. 22 (2) Keep the victim/witness informed of his rights and support his right to protection from intimidation. 23 (3) Inform victims/witnesses of and make appropriate referrals to available services such as medical, social, counseling, 24 and victims' compensation services. 25 (4) Assist in the preparation of victims/witnesses for court. 26 (5) Provide assistance and support to the families or survivors of victims where appropriate. 27 (6) Provide any other necessary support services to victims/witnesses such as contact with employers or creditors. 28 (7) Promote public awareness of the program and services available for crime victims. 29 The funds may not be used for other victim-related services until the above functions are provided in an adequate manner. 30 6DD.22. (GOV: Victim/Witness Program Formula Distribution) If funds in the South Carolina Victims' Compensation 31 Fund exceed the amount required to operate the State Office of Victims Assistance and pay claims of crime victims the first 32 $650,000 of such excess must be used for Victim/Witness Programs by distribution to Judicial Circuits based on a formula 33 and criteria developed by the Policy Committee, and otherwise subject to requirements of Section 6DD.20 and 6DD.22. 34 6DD.23. (GOV: Physical Abuse Examinations) Of the funds appropriated in this section for Victims' Rights, up to 35 $60,000 may be expended for physical abuse examinations. 36 6DD.24. (GOV: SLED-ABC Enforcement-Confiscated Alcoholic Beverage Revenue) The State Law Enforcement 37 Division is directed to maintain adequate records accounting for the receipt of funds from the sale of confiscated alcoholic 38 beverages. Such revenue shall be deposited to the credit of the General Fund of the State after deducting the cost of 39 confiscation and sale. 40 6DD.25. (GOV: Veterans' Affairs-Aid to Counties) In the allocation of the appropriation in this section as adjusted for 41 "Aid to Counties--Operation of County Office," each county shall receive an effective annual amount equal to 100% of the 42 amount allocated to it for the prior fiscal year plus an amount equivalent to base pay increases for state employees, less any
SECTION 6DD - THE GOVERNOR PAGE 481 1 adjustments made for budget reductions. 2 6DD.26. (GOV: Continuum of Care - Carry Forward) The Division of Continuum of Care may carry forward funds 3 appropriated herein to continue services. 4 6DD.27. (GOV: Division of Women - Donations & Contributions) The Division of Women is authorized to accept 5 donations and contributions to provide services as authorized by state law. Such funds are to be deposited in a special 6 account with the State Treasurer and shall be carried forward from year to year, and withdrawn from the Treasurer as needed 7 to fulfill the purposes and conditions of the said donations or contributions, if specified, and if not specified, as may be 8 approved by the Division of Women. State appropriations will not supplement those services funded by donations or 9 contributions. 10 6DD.28. (GOV: Division of Women - Revenue Carry Forward) The Division of Women may retain funds received from 11 luncheon fees and souvenir sales for general operating expenses. Any unexpended revenue from these sources may be carried 12 forward into the current fiscal year to be expended for the same purposes. 13 6DD.29. (GOV: Foster Care - Reduction in Funds Separation) In recognition of the fact that the funds appropriated for 14 the Division of Foster Care contain both funds appropriated for use by the Division Review System and "pass through" funds 15 designated for use by the South Carolina Protection and Advocacy for the Handicapped, any reduction in funds appropriated 16 for either shall be calculated based upon the separate funds for the respective entities rather than based upon the combined 17 budget of the two organizations. 18 6DD.30. (GOV: Foster Care - Private Foster Care Reviews) The Division of Foster Care is authorized to restructure 19 its programs, including but not limited to, suspending reviews of children privately placed in private foster care and/or 20 changing the location of reviews of children in public foster care, to maintain continuous operations within existing resources 21 as dictated by recent budget reductions. These decisions must be based upon the availability of existing funds. This 22 provision supersedes any previous statutory or regulatory mandate. 23 6DD.31. (GOV: Foster Care - Medicaid Eligible Children) It is the intent of the General Assembly to ensure that 24 placements of emotionally disturbed medicaid eligible individuals under the age of twenty-one in residential therapeutic 25 treatment are appropriate and that the level of care provided each child is offered in the least restrictive environment 26 appropriate to meet the child's treatment needs. The statutory powers and functions of the Division of Foster Care are 27 expanded to develop, implement, and manage a quality assurance review system under contract with the Department of 28 Health and Human Services. This paragraph supersedes any previous statutory or regulatory mandate. 29 6DD.32. (GOV: Div. on Aging - State Match Funding Formula) Of the state funds appropriated under "Distribution to 30 Subdivisions", the first allocation by the Division on Aging shall be for the provision of required State matching funds 31 according to the Division's formula for distributing Older Americans Act funds, based on the official United States census 32 data for 1990. The balance of this item, but not to exceed five hundred thousand dollars ($500,000) shall be distributed 33 equally among to the ten regional planning districts planning and service areas of the State. In the event State appropriations 34 are reduced, reductions to the ten regional planning districts planning and service areas shall be based on amounts distributed 35 in accordance with the previous requirements. 36 6DD.33. (GOV: Div. on Aging - State Matching Funds Carry Forward) Any unexpended balance on June 30 of the prior 37 fiscal year, of the required State matching funds allocation, of the amount appropriated in this section under Distribution to 38 Subdivisions, shall be carried forward in the current fiscal year to be used as required state matching funds for Federal funds 39 awarded to subdivisions on or before September 30 of the current fiscal year. 40 6DD.34. (GOV: Div. on Aging - Recycle Program) The Division on Aging is hereby authorized to collect, expend, and 41 carry forward not more than $1,000 in revenues from the sale of items to be recycled. 42 6DD.35. (GOV: Div. on Aging - Registration Fees) The Division on Aging is authorized to receive and expend
SECTION 6DD - THE GOVERNOR PAGE 482 1 registration fees for educational, training, and certification programs. 2 6DD.36. (GOV: OEPP - Federal, Other Flow Through Funds) In order to complete projects begun in a prior fiscal year, 3 the Governor's Office is authorized to expend Federal and Earmarked Funds in the current fiscal year for expenses incurred 4 in the prior fiscal year. 5 6DD.37. (GOV: Div. on Aging - Alzheimer's Matching Grants) Of the funds appropriated herein for Alzheimers, grants 6 awarded to assist communities and entities in addressing problems relative to Alzheimer's disease and other related disorders 7 must be matched with additional funds or in-kind contributions by the community or other entity equal to the amount of funds 8 awarded in the grant. 9 10 11 E08 - SECTION 8 - SECRETARY OF STATE'S OFFICE 12 13 8.1. (SS: Records Fee/Computer & Telephone Equipment) The Secretary of State may establish and collect fees not to 14 exceed the actual cost of searching for or making copies of records. Such records shall be furnished at the lowest possible 15 cost to the person requesting the records. The Agency may retain these funds for the purposes of purchasing and maintaining 16 computer and telephone facsimile equipment. The Agency may charge a reasonable hourly rate for making records available 17 to the public and require a reasonable deposit of such costs prior to searching for or making copies of the records. 18 8.2. (SS: Eliminate Communications Director) Of the state funds appropriated under "Classified Positions," the position 19 of Director of Communications is eliminated and the funds appropriated for that position must be used to fund auditors within 20 the Agency. 21 22 23 E12 - SECTION 9 - COMPTROLLER GENERAL'S OFFICE 24 25 9.1. (CG: Signature Authorization) The Comptroller General is hereby authorized to designate certain employees to sign, 26 in his stead, warrants drawn against the State Treasurer and the State Treasurer is hereby authorized to accept such signatures 27 when notified by the Comptroller General. This provision shall in no way relieve the Comptroller General of responsibility. 28 9.2. (CG: GAAP Implementation & Refinement) It is the intent of the General Assembly to oversee the conversion of 29 the financial statements issued for the State of South Carolina and these financial statements shall be in conformance with 30 Generally Accepted Accounting Principles (GAAP) by the earliest possible date. To this end, the Comptroller General is 31 directed, as the State Accounting Officer, to proceed with the implementation and refinement of the Statewide Accounting 32 and Reporting System (STARS) so as to develop a reporting system that will result in the preparation of the official financial 33 reports for the State of South Carolina by the State Accounting Officer in conformance with Generally Accepted Accounting 34 Principles (GAAP). The Comptroller General, as the State Accounting Officer, is given full power and authority to issue 35 accounting policy directives to State agencies in order to comply with Generally Accepted Accounting Principles. The 36 Comptroller General is also given full authority to conduct surveys, acquire consulting services, and implement new 37 procedures required to fully implement Generally Accepted Accounting Principles under the oversight of the General 38 Assembly. 39 9.3. (CG: Out-of-State Promotional Activities Expenses) The Comptroller General may approve warrants for the payment 40 of expenses for out-of-state promotional activities only when, in his opinion, such expenses are related to economic 41 development in South Carolina. 42 9.4. (CG: Payroll Deduction Processing Fee) There shall be a fee for processing payroll deductions, not to exceed 5
SECTION 9 - COMPTROLLER GENERAL'S OFFICE PAGE 483 1 cents, for insurance plans, credit unions, deferred compensation plans and professional associations per deduction per pay 2 day. Proceeds shall be remitted to the General Fund of the State. This fee shall not be applied to charitable deductions. 3 9.5. (CG: Lump Sum Agencies GAAP Implementation) The Comptroller General's Office, in conjunction with lump 4 sum agencies, is hereby directed to implement appropriate accounting procedures to consolidate accounts where necessary 5 for proper accounting and thereby facilitate financial reporting in accordance with Generally Accepted Accounting Principles. 6 9.6. (CG: EDI/EFT Pilot Project) The Comptroller General shall establish and coordinate a pilot project to provide the 7 capability for agencies to process vendor invoices and vendor payments through Electronic Data Interchange (EDI) or 8 Electronic Funds Transfer (EFT). 9 10 11 E16 - SECTION 10 - STATE TREASURER'S OFFICE 12 13 10.1. (TREAS: Nat'l. Forest Fund - Local Gov't. Compliance) In order to conform to federal requirements local 14 governments receiving distributions of National Forest Fund revenues are required to report annually to the State Treasurer 15 indicating compliance with authorized purposes. 16 10.2. (TREAS: STARS Approval) Decisions relating to the Statewide Accounting and Reporting System (STARS) 17 which involve the State Treasurer's Banking Operations and other functions of the State Treasurer's Office shall require the 18 approval of the State Treasurer. 19 10.3. (TREAS: Investments) The State Treasurer may pool funds from accounts for investment purposes and may invest 20 all monies in the same types of investments as set forth in Sections 11-9-660 and 11-9-661. 21 10.4. (TREAS: General Reserve Fund Transfer) The State Treasurer's Office is authorized to transfer $10,556,980 22 $6,271,409 of General Funds to the General Reserve Fund on July 1, 1995 as soon after July 1, 1996, as practical, and upon 23 certification by the Comptroller General, to comply with Article III, Section 36 of the Constitution. This amount of General 24 Funds must be replaced as the first priority of any FY 1994-95 1995-96 surplus. 25 10.5. (TREAS: Management Fee) The State Treasurer is authorized to charge a fee for the operating and management 26 costs associated with the Local Government Investment Pool and the Deferred Compensation Program and is further 27 authorized to retain and expend the fees to provide these services. The fees assessed may not exceed the cost of the provision 28 of such services. 29 30 31 E20 - SECTION 11 - ATTORNEY GENERAL'S OFFICE 32 33 11.1. (AG: Collection of Debts, Claims or Obligations) The Attorney General is hereby authorized to contract for the 34 collection of debts, claims or obligations due to the State, or any of its departments or institutions. 35 11.2. (AG: Hiring of Attorneys) No department or agency of the State Government shall hire any classified or 36 temporary attorney as an employee except upon the written approval of the Attorney General and at a compensation approved 37 by him. All such attorneys shall at all times be under the supervision and control of the Attorney General except as 38 otherwise provided by law unless obtaining prior approval by the Budget and Control Board. 39 11.3. (AG: Engage Attorney on Fee Basis) No department or agency of the State Government shall engage on a fee 40 basis any attorney at law except upon the written approval of the Attorney General and upon such fee as shall be approved 41 by him. This shall not apply to the employment of attorneys in special cases in inferior courts where the fee to be paid does 42 not exceed two hundred fifty ($250.00) dollars or exceptions approved by the Budget and Control Board.
SECTION 11 - ATTORNEY GENERAL'S OFFICE PAGE 484 1 11.4. (AG: Printing of Opinions & Index) The Attorney General is authorized to print for public sale, copies of his 2 published opinions and index thereto at such charges as are established by the state printer, in accordance with the cost of 3 the documents plus a twenty-five percent surcharge. All proceeds from the sale of copies of opinions or indices shall be 4 remitted to the general funds of the State and a full accounting kept thereof. 5 11.5. (AG: Asbestos Abatement Litigation) The Attorney General shall report to the Ways and Means and Senate 6 Finance Committees on the status of that office's Asbestos Abatement Litigation. 7 11.6. (AG: State Grand Jurors Subsistence) Jurors of the state grand jury shall receive daily subsistence expense equal 8 to the maximum allowable by regulation of the Internal Revenue Code for the Columbia area when summoned or serving 9 and be paid the same per diem and mileage as are members of state boards, commissions, and committees. 10 11.7. (AG: Medicaid Fraud) The Attorney General shall provide the necessary personnel, in conjunction with the 11 Department of Health & Human Services, to process and/or refer suspected Medicaid fraud cases to appropriate law 12 enforcement officials for investigation and/or legal action, as deemed necessary. 13 11.8. (AG: Legal Services Study) The Attorney General's Office shall study the legal services available to all state 14 agencies, institutions, boards and commissions including agency counsel, private counsel, and counsel of the Attorney 15 General's Office and related expenses. 16 A report based on the study must include, but is not limited to, recommendations to reduce the costs of the services and 17 to spend available monies in the most efficient way possible. The report must be presented to the chairman of the Senate 18 Finance Committee and House Ways and Means Committee by January 31, 1996. The study ends upon presentation of the 19 report. 20 11.9. (AG: Securities Act Violations) DELETED 21 11.10. (AG: Insurance Fraud Division) The Insurance Fraud Division of the Attorney General's Office is authorized to 22 collect and receive all fines and penalties imposed pursuant to South Carolina Code Sections 38-55-550 and 38-55-560. Any 23 such fines and penalties shall be remitted to the General Fund. 24 11.11. (AG: Litigation Expense) Notwithstanding any other provision of law, the Office of the Attorney General may 25 obtain reimbursement for its costs in representing the State in criminal proceedings and in representing the State and its 26 officers and agencies in civil and administrative proceedings. These costs may include, but are not limited to, travel 27 expenditures, depositions, printing, transcripts, and personnel costs. Reimbursement of these costs may be obtained by the 28 Office of the Attorney General from the budget of an agency or officer that it is representing or from funds generally 29 appropriated for legal expenses with the approval of the Budget and Control Board. 30 11.12. (AG: Youth Mentor Program) The Attorney General's Office shall establish a Youth Mentor Program to serve 31 juvenile offenders in Family Court. The program shall be used as a pre-trial diversion option for solicitors. The Attorney 32 General is authorized to hire a director of the Youth Mentor Program who shall be paid with existing funds from the 33 classified positions line item in the Attorney General's Office budget. The Youth Mentor Program may be administered when 34 a juvenile is charged with a non-violent criminal offense and the solicitor feels that justice would be better served if the 35 juvenile offender completed a church mentor program. Upon completion of the program, the criminal charges shall be 36 dismissed. The Youth Mentor Program is a voluntary program and the juvenile or his parents or guardians have a right to 37 refuse to participate based upon their religious beliefs or for any other reason. The Attorney General's Office shall establish 38 guidelines for this program, the mentors and the churches, mosques, masjids and synagogues that participate in the Youth 39 Mentor Program. The circuit solicitors are authorized to charge juvenile offenders that participate in the Youth Mentor 40 Program a fee to offset the actual cost of administering the program.
PAGE 485 1 E21 - SECTION 12 - PROSECUTION COORDINATION COMMISSION 2 3 12.1. (PCC: Solicitor Salary) The amount appropriated in this section for salaries of Solicitors shall be paid to each 4 full-time Solicitor. 5 12.2. (PCC: Solicitor Expense Allowance) Each solicitor shall receive two hundred fifty dollars ($250.00) per month 6 as expense allowance. 7 12.3. (PCC: Judicial Circuits State Support) The amount appropriated and authorized in this section for Judicial Circuits 8 (16) State Support shall be apportioned among the circuits on a per capita basis and based upon the official census of 1990. 9 Payment shall be made as soon after the beginning of the first and third quarter as practical. 10 12.4. (PCC: Solicitor Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, may be carried 11 forward into the current fiscal year and expended for the operation of the Solicitor's office relating to operational expenses. 12 12.5. (PCC: Solicitor's Office - County Funding Level) It is the intent of the General Assembly that the amounts 13 appropriated for solicitors' offices shall be in addition to any amounts presently being provided by the county for these 14 services and may not be used to supplant funding already allocated for such services without any additional charges. 15 12.6. (PCC: Serious Offenses Funding) It is the intent of the General Assembly that more than 50% of the funds for 16 Judicial Circuits-State Support which exceeds the amount appropriated by the General Assembly in FY 1995-96, must be 17 utilized for the expeditious disposition of "most serious offenses" and "serious offenses" as defined by S.C. Code Section 17-25-45. 18 19 20 E23 - SECTION 14 - COMMISSION ON INDIGENT DEFENSE 21 22 14.1. (INDEF: Defense of Indigents Formula) The amount appropriated in this section for "Defense of Indigents" shall 23 be apportioned among counties in accord with Section 17-3-70, 1976 Code, but on a per capita basis and based upon the 24 official United States Census for 1990. The level of contribution of each county as of July 1, 1992, must be maintained. 25 No county shall be permitted to contribute less money than the amount the county contributed as of July 1, 1992. Within 26 the amount of money established for indigent defense services, the State shall set aside $2,750,000 (Death Penalty Trial 27 Fund) annually exclusively for use of the defense in capital cases pursuant to Section 16-3-26 of the 1976 Code, and for the 28 expenses of the operation of the Commission on Indigent Defense. The State also shall set aside $1,000,000 annually to pay 29 fees and expenses of private counsel appointed in non-capital cases pursuant to Section 17-3-50 (Conflict Fund). Of the funds 30 generated from the surcharge imposed pursuant to Section 14-1-213 of the 1976 Code, and from the fees imposed under 31 Sections 14-1-206(C)(4), 14-1-207(C)(6) and 14-1-208(C)(6) and the application fee provided in Section 17-3-30(B), on a 32 monthly basis, 50% must be deposited into the Death Penalty Trial Fund, 15% must be deposited into the Conflict Fund until 33 each of these funds has received the required level of deposit, and the remaining funds each month must be apportioned 34 among the counties' public defender offices pursuant to Section 17-3-70. When either the Death Penalty Trial Fund or the 35 Conflict Fund has been fully funded, the monthly revenue being set aside for that fund will be directed to the other fund until 36 it is completely funded. Upon complete funding of both the Death Penalty Trial Fund and the Conflict Fund, all revenue 37 collected pursuant to Section 14-1-213 and Sections 14-1-206(C)(4), 14-1-207(C)(6), 14-1-208(C)(6), and 17-3-30(B) must 38 be apportioned among the counties' public defender offices pursuant to Section 17-3-70. At the end of each fiscal year, any 39 funds remaining in the Conflict Fund shall be treated as provided in Section 17-3-330(B). At the end of each fiscal year any 40 leftover funds shall carryover to the next fiscal year. All applications for the payment of fees and expenses in capital cases 41 shall be applied for from the Death Penalty Trial Fund which shall be administered by the Commission on Indigent Defense.
SECTION 14 - COMMISSION ON INDIGENT DEFENSE PAGE 486 1 All applications for the payment of fees and expenses of private counsel or expenses of public defenders pursuant to Section 2 17-3-50 shall be applied for from the Conflict Fund administered by the Office of Indigent Defense. 3 4 For the current fiscal year, Section 16-3-26 of the 1976 Code of Laws is amended to read: 5 "Section 16-3-26. (A) Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention 6 to seek such penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense 7 attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held. 8 (B) Whenever any person is charged with murder and the death penalty is sought, the court, upon determining that 9 such person is unable financially to retain adequate legal counsel, shall appoint two attorneys to defend such person in the 10 trial of the action. One of the attorneys so appointed shall have at least five years' experience as a licensed attorney and at 11 least three years' experience in the actual trial of felony cases, and only one of the attorneys so appointed shall be the Public 12 Defender or a member of his staff. In all cases where no conflict exists, the public defender or member of his staff shall 13 be appointed if qualified. If a conflict exists, the court shall then turn first to the contract public defender attorneys, if 14 qualified, before turning to the Office of Indigent Defense. 15 Notwithstanding any other provision of law, the court shall order payment of all fees and costs from funds available to 16 the Office of Indigent Defense for the defense of indigents. Any attorney appointed shall be compensated at a rate not to 17 exceed fifty dollars per hour for time expended out of court and seventy-five dollars per hour for time expended in court. 18 Compensation shall not exceed twenty-five thousand dollars and shall be paid from funds available to the Office of Indigent 19 Defense for the defense of indigents represented by court-appointed, private counsel. 20 (C) (1) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably 21 necessary for the representation of the defendant whether in connection with issues relating to guilt or sentence, the court 22 shall authorize the defendant's attorneys to obtain such services on behalf of the defendant and shall order the payment, from 23 funds available to the Office of Indigent Defense, of fees and expenses not to exceed twenty thousand dollars as the court 24 shall deem appropriate. Payment of such fees and expenses may be ordered in cases where the defendant is an indigent 25 represented by either court-appointed, private counsel or the public defender. 26 (2) Court-appointed counsel seeking payment for fees and expenses shall request these payments from the 27 Office of Indigent Defense within thirty days after the completion of the case. For the purposes of this statute, exhaustion 28 of the funds shall occur if the funds administered by the Office of Indigent Defense and reserved for death penalty fees and 29 expenses have been reduced to zero. If either the Death Penalty Trial Fund or the Conflict Fund has been exhausted in a 30 month and the other fund contains money not scheduled to be disbursed in that month, then the Indigent Defense Commission 31 must transfer a sufficient amount from the fund with the positive fund balance to the fund with no balance and pay the 32 obligation to the extent possible. 33 (D) Payment in excess of the hourly rates and limit in subsection (B) or (C) is authorized only if the court certifies, 34 in a written order with specific findings of fact, that payment in excess of the rates is necessary to provide compensation 35 adequate to ensure effective assistance of counsel and payment in excess of the limit is appropriate because the services 36 provided were reasonably and necessarily incurred. Upon a finding that timely procurement of such services cannot await 37 prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc. 38 (E) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs, and other 39 expenditures on behalf of the defendant. 40 (F) The Supreme Court shall promulgate guidelines on the expertise and qualifications necessary for attorneys to 41 be certified as competent to handle death penalty cases. 42 (G) The Office of Indigent Defense shall maintain a list of death penalty qualified attorneys who have applied for
SECTION 14 - COMMISSION ON INDIGENT DEFENSE PAGE 487 1 and received certification by the Supreme Court as provided for herein. In the event the court appointed counsel notifies 2 the chief administrative judge in writing that he or she does not wish to provide representation in a death penalty case the 3 chief administrative judge shall advise the Office of Indigent Defense which shall forward a name or names to the chief 4 administrative judge for consideration. The appointment power is vested in the chief administrative judge. The Office of 5 Indigent Defense shall establish guidelines as are necessary to ensure that attorneys' names are presented to the judges on 6 a fair and equitable basis taking into account geography and previous assignments from the list. Efforts shall be made to 7 present an attorney from the area or region where the action is initiated. 8 (H) The payment schedule set forth herein, as amended by Act 164 of 1993, shall apply to any case for which trial 9 occurs on or after July 1, 1993." 10 (I) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents 11 of this State may be appointed by the Court and compensated with funds appropriated to the Death Penalty Trial Fund in 12 the Office of Indigent Defense. This proviso shall not pertain to any case in which council has been appointed on the 13 effective date of this Act. 14 (J) The Judicial Department biennially shall develop and make available to the public a list of standard fees and 15 expenses associated with the defense of an indigent person in a death penalty case. 16 17 For the current fiscal year, Section 17-3-30 of the 1976 Code of Laws is amended to read: 18 "Section 17-3-30. (A) A person to whom counsel has been provided shall execute an affidavit that he is financially 19 unable to employ counsel and that affidavit shall set forth all his assets. If it appears that the person has some assets but they 20 are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets to the 21 defender corporation of the county or counties wherein he is being represented or, if a defender corporation does not exist 22 therein, to the Office of Indigent Defense of the State of South Carolina. 23 (B) A twenty-five dollar application fee for public defender services must be collected from every person who 24 executes an affidavit that he is financially unable to employ counsel. The person may apply to the clerk of court or other 25 appropriate official for a waiver or reduction in the application fee. If the clerk or other appropriate official determines that 26 the person is unable to pay the application fee, the fee may be waived or reduced. The clerk of court or other appropriate 27 official shall collect the application fee imposed by this section and remit the proceeds to the state fund on a monthly basis. 28 The monies must be deposited in an interest-bearing account separate from the general fund and used only to provide for 29 indigent defense services. The monies shall be administered by the Office of Indigent Defense. 30 (C) Sufficient funds shall be set aside from allocations provided for the defense of indigents to provide for adequate 31 screening of applications for indigent assistance to ensure the applicant is qualified." 32 33 For the current fiscal year, Section 17-3-330 of the Code of Laws of 1976 is amended to read: 34 "Section 17-3-330. (A) The Office of Indigent Defense shall: 35 (1) serve as the entity which distributes all funds appropriated by the General Assembly for the defense of 36 indigents, including funds allocated to counties' public defender offices pursuant to formula, funds for the defense of capital 37 cases, funds for attorney fees and expenses in non-capital cases, and other funds appropriated for these purposes; 38 (2) perform those functions provided under Section 16-3-26(G); 39 (3) serve as a resource for the compilation of accurate statistical data covering the indigent defense system 40 in this State; 41 (4) implement other duties the commission may direct; and 42 (5) report annually to the General Assembly on the indigent defense system.
SECTION 14 - COMMISSION ON INDIGENT DEFENSEPAGE 488 1 (B) On or about June 30, 1994 and every year thereafter on that date, if the Office of Indigent Defense determines, 2 after taking into consideration all outstanding obligations against the fund for payment of attorney fees and expenses in non- 3 capital cases, that unexpended funds remain, these funds shall be rolled over into the fund for payment of attorney fees and 4 expenses in capital cases; provided however this shall occur only in the event the funds in the capital fund have been 5 exhausted at that time. This fund shall at no time exceed $2,750,000. 6 (C) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents 7 of this State may be appointed by the court and compensated with funds appropriated to the Death Penalty Trial Fund in the 8 Office of Indigent Defense. 9 14.2. (INDEF: State Employee Compensation Prohibited) Except as otherwise provided in Section 72.1., no money 10 appropriated pursuant to Defense of Indigents shall be used to compensate any state employees appointed by the court as 11 examiners, guardians ad litem or attorneys nor shall such funds be used in payment to any State agency for providing such 12 services by their employees. 13 14 15 E24 - SECTION 15 - ADJUTANT GENERAL'S OFFICE 16 17 15.1. (ADJ: Tuition Assistance Program) Funds received from students who failed to enroll or withdraw from programs 18 under the Tuition Assistance Program may be deposited in the Tuition Assistance Program Appropriation Account and 19 expended for the same purpose as the original appropriation. 20 15.2. (ADJ: Unit Maintenance Funds) Notwithstanding any other provision of law, the funds appropriated as unit 21 maintenance funds shall be distributed to the various National Guard units at the direction of the Adjutant General. 22 15.3. (ADJ: Revenue Collections) All revenues collected by National Guard units from county and city appropriations, 23 vending machines, rental of armories, court martial fines, federal reimbursements to armories for telephone expenses, and 24 other collections be retained and expended in its budgeted operations. 25 15.4. (ADJ: Rental Fee for Election Purposes) The maximum fee that an armory may charge for the use of its premises 26 for election purposes shall be the cost of providing custodial services, utilities and maintenance. 27 15.5. (ADJ: Parking Lot Revenues) Notwithstanding other provisions of this Act, as a security measure for the State 28 Military Department's headquarters building and grounds, the Adjutant General may control and contractually lease the 29 headquarter's building parking facilities, during events at the University of South Carolina's Williams-Brice Stadium, to a 30 state chartered and federally recognized 501(c)(4) tax exempt agency employees' association who may then sub-lease 31 individual parking spaces. Such a contract must require the employees association to obtain liability insurance against 32 wrongful death or injury. The contract must clearly hold the Adjutant General's Office, its officers, and the State of South 33 Carolina harmless from any liability resulting from the use of the parking lot when rented by the employees association. 34 In addition, the contract must specify that the State of South Carolina's Military Department shall receive no less than thirty- 35 three percent of the gross profits from the sub-leasing of the parking spaces. The contract must allow the State to audit the 36 employees association's funds. Funds at the Adjutant General's Office derived wholly from the rental of Adjutant General's 37 headquarters' parking lot may be retained at the Adjutant General's Office, but may not be used for employee prerequisites. 38 15.6. (ADJ: State Guard Uniforms) Any element of the Militia of this State may be uniformed in such surplus uniforms 39 as may be made available to this State, except that the insignia of the United States shall be removed and for it shall be 40 substituted distinctive insignia of the State of South Carolina. 41 15.7. (ADJ: Armory Rental Program) The Adjutant General is authorized to develop and implement an armory rental 42 program to recoup costs associated with the use of armories by state agencies or other non-Guard organizations. The rental
SECTION 15 - ADJUTANT GENERAL'S OFFICE PAGE 489 1 program must be uniform in its application to the maximum extent possible. Funds generated by this program may be 2 retained and expended for armory maintenance and operations. 3 4 5 E28 - SECTION 16 - ELECTION COMMISSION 6 7 16.1. (ELECT: County Registration Board and County Election Commission Compensation) The amount amounts 8 appropriated in this section for "County Board of Registration Board Members and County Election Commissioners," shall 9 be disbursed annually at the rate of $4,800 to each to the County Treasurer at the rate of $1,000 for each member, not to 10 exceed $10,000 per county. These funds shall be disbursed equally to the members of the County Boards of Registration 11 only. The County Treasurer shall use these funds only for the compensation of County Registration Board Members and 12 County Election Commissioners. Any funds not used for this purpose shall be returned to the State Treasurer. These funds 13 are subject to exempted from mandated budget reductions. In addition, in the calculation of any across the board agency 14 base reductions mandated by the Budget and Control Board or the General Assembly, the amount of funds appropriated for 15 compensation of County Registration Board Members and County Election Commissioners shall be excluded from the agency's 16 base budget. If any County Board of Registration membership is increased from three to four or four to five members, then 17 the new board member or members may be compensated at the same rate as the then present Board Members. Any increased 18 funding, if any, for each County Board of Registration caused by this requirement shall be funded by funds provided for in 19 this section if available. If no funds are available under this section, then the additional funds may be provided for by the 20 county of that particular County Board of Registration. 21 16.2. (ELECT: County Election Commissioners Compensation) The amounts appropriated in this section for "County 22 Election Commissioners" shall be disbursed annually to the County Treasurer at the rate of $440 for each member of the 23 County Election Commission, not to exceed $2,200 per County. The County Treasurer shall use these funds only for 24 compensation of Commissioners for state and county general elections. Any funds not used shall be returned to the State 25 Treasurer. Such payments shall not be construed as salary compensation. These funds are subject to mandated budget 26 reductions. 27 16.3. (ELECT: Elections Managers & Clerks Per Diem) Managers and clerks of state and county elections shall receive 28 a per diem of $25.00; but managers shall not be paid for more than two days for any election and clerks for not more than 29 three days for any election. The Commission may adjust the per diem of $25.00 for the managers and clerks of the statewide 30 election to a higher level only to the extent that the appropriation for the statewide election is sufficient to bear the added 31 cost of increasing the per diem and the cost of the statewide election. 32 16.4. (ELECT: Board of State Canvassers Compensation) $100.00 additional compensation per day may be paid to each 33 member of the Board of State Canvassers up to a total of 15 days that may be required for hearings held by the members 34 of the Board of State Canvassers. 35 16.5. (ELECT: Sale of Lists Revenue Carry Forward) Any revenue generated from the sale of election lists may be 36 retained and expended by the South Carolina Election Commission to reimburse the State Budget and Control Board, Division 37 of Operations, for the printing of such lists and to pay expenses of postage and shipment of these lists to electors who 38 purchase them. After such reimbursement has been made an amount, not to exceed $220,000, shall be used for non- 39 recurring expenses in conjunction with Act 248 of 1991, the Ethics, Government Accountability, and Campaign Reform Act 40 and in conjunction with extraordinary special election and legal costs. Any balance in the Sale of Lists Account on June 30, 41 of the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year. 42 16.6. (ELECT: Budget Reduction Exemption) Funds appropriated for non-recurring general and primary election
SECTION 16 - ELECTION COMMISSION PAGE 490 1 expenses are exempted from mandated across the board reductions. In addition, in the calculation of any across the board 2 agency base reductions mandated by the Budget and Control Board or the General Assembly, the amount of funds 3 appropriated for non-recurring primary and general election expenses shall be excluded from the agency's base budget. 4 16.7. (ELECT: State Supplement) If a county, by legislation, chooses to combine its Board of Registration and Election 5 Commission into one board, the state supplement outlined in Provisos 16.1 and 16.2 shall provide $960 for each of the first 6 five members and $440 for each additional member. The county shall divide these funds equally among the total number 7 of members appointed to the joint board. These funds are subject to mandated budget reductions. 8 16.8. (ELECT: Primary Election Carry Forward) Filing Fees received from candidates filing to run in statewide or 9 special primary elections may be retained and expended by the State Election Commission to pay for the conduct of primary 10 elections. Any balance in the filing fee accounts on June 30, of the prior fiscal year may be carried forward and expended 11 for the same purposes during the current fiscal year. In addition, any balance in the Primary Election Accounts on June 30, 12 of the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year. 13 16.9. (ELECT: Automated Voting Systems Carry Forward) Funds provided to the agency as state match for purchasing 14 automated voting systems shall be carried forward to be expended for the same purposes in the current fiscal year. 15 16.10. (ELECT: Training & Certification Program) All members and staff of County Boards of Voter Registration and 16 County Election Commissions will receive a common curriculum to include core courses on the duties and responsibilities 17 of county registration boards and county election commissions and electives to promote quality service and professional 18 development. Up to $35,000 of revenue generated by charging a fee to attend these courses may be retained and expended 19 by the South Carolina Election Commission to help cover the cost of providing the training. Any balance in the training and 20 certification account on June 30, of the prior fiscal year may be carried forward and expended for the same purpose during 21 the current fiscal year. 22 23 24 F05 - SECTION 17A - B&C BOARD, DIVISION OF THE EXECUTIVE DIRECTOR 25 26 17A.1. (BCB/DED: BA - Civil Contingent Fund - Disbursements) Warrant requisitions for the disbursement of funds 27 appropriated in this Section shall be approved by the respective division heads. The Civil Contingent Fund, appropriated 28 in Subsection 17A of this Section shall be expended only upon unanimous approval of the State Budget and Control Board, 29 and upon warrant requisitions signed as directed by the State Budget and Control Board, to meet emergency and contingent 30 expense of the State Government. None of the Civil Contingent Fund shall be used to increase the salary of any State 31 employee. 32 17A.2. (BCB/DED: BA - Total Quality Management) It is the intent of the General Assembly to adequately train the 33 State's work force to enable agencies to achieve their missions and to serve their customers. The Executive Director of the 34 Budget and Control Board will be responsible for coordinating the quality training effort for state government agency heads, 35 managers, and employees for the purpose of strategic planning, leadership skills, team facilitator, supervision and customer 36 service training. All employees initially undergoing Total Quality Management training will receive a common curriculum, 37 to include the philosophy, teamwork training and problem solving techniques of Total Quality Management. As the training 38 functions progress, organizational plans for using the Total Quality Management process will be drawn up and reviewed with 39 agency heads, with action teams subsequently being formed for improvements. Recognition of all progress made will be 40 consistently given. Funds shall be used to identify state agencies that are in direct contact with the public and provide 41 training that will ensure employees courteously and effectively meet taxpayers' needs. The funds provided for quality 42 training shall not be transferred to any other program or used for any other purpose. Funds allocated for this purpose not
SECTION 17A - B&C BOARD, DIV. OF THE EXECUTIVE DIRECTOR PAGE 491 1 expended in the prior fiscal year may be carried forward to be expended in the current fiscal year. 2 17A.3. (BCB/DED: BA - Brandenburg Coordination Committee) Of the $50,000 appropriated in this section for the 3 Brandenburg Coordination Committee, funds are to be spent in support of cultural, educational, agricultural, scientific, 4 governmental or business exchanges and agreements between South Carolina and the sister state of Brandenburg, Germany 5 and related German interests. The Executive Director of the Budget and Control Board will submit an annual report to the 6 Governor, the Chairmen of the Senate Finance Committee and the House Ways & Means Committee detailing such activities. 7 17A.4. (BCB/DED: BA - Accounting System Analysis - Interagency Study Committee) In consultation with the 8 Governor, the Chairman of the Senate Finance Committee and the Chairman of the Ways and Means Committee, the 9 Executive Director of the Budget and Control Board is authorized to appoint interagency study committees to explore 10 innovative solutions to administrative or managerial problems which are deemed to be system-wide in their impact. The 11 committees will be fully trained in quality management problem-solving techniques and strategies. Funds appropriated for 12 purposes of fostering innovation in the Fiscal Year 1993-94 Supplemental Appropriation for the Office of Executive Director, 13 Budget and Control Board, Accounting System Analysis which are unexpended in the preceding fiscal year may be carried 14 forward to be used in the current fiscal year for the same purpose. 15 17A.5. (BCB/DED: BA - Computer Services Consolidation) It is the intent of the General Assembly to consolidate 16 management of computing services and computer support services under the Budget and Control Board. The Executive 17 Director of the Budget and Control Board shall develop a long-term strategic plan to accomplish this consolidation and to 18 centralize all State Data Centers, and shall present a progress report to the Governor, the Chairman of the Senate Finance 19 Committee and the Chairman of the Ways and Means Committee by January 15, 1997, and completed recommendations 20 within one year. The plan must be structured in phases with a final implementation date no later than July, 2001. The 21 Legislature, Judiciary, higher education institutions and technical education institutions are exempt from this proviso. 22 23 24 F07 - SECTION 17B - B&C BOARD, DIVISION OF OPERATIONS 25 26 17B.1. (BCB/DO: OGS - Procurement of Art Objects) Before any governmental body, with the exception of the South 27 Carolina Museum Commission, as defined under the South Carolina Consolidated Procurement Code procures any art objects 28 such as paintings, antiques, sculptures, or similar objects above $1,000, the head of the Purchasing Agency shall prepare 29 a written determination specifying the need for such objects and benefits to the State. The South Carolina Arts Commission 30 shall review such determination for approval prior to any acquisition. 31 17B.2. (BCB/DO: OGS - Real Property - Sale/Leaseback/ Repurchase Revenue Account) In order to ensure the stability 32 of any sale/leaseback and repurchase option agreement entered into by the State for any piece of real property, the Budget 33 and Control Board is directed to establish a separate and distinct account for the deposit of the net proceeds of the sale or 34 net annual charges derived from any such property. Any funds held in such separate and distinct accounts shall only be used 35 for the purpose of repurchasing the property and/or the establishment of a reserve fund as outlined in the contract documents 36 for the property, until such time as the Agreements on the property are fulfilled. It is the intention of the General Assembly 37 to appropriate sufficient funds on an annual basis to enable the Budget and Control Board to meet the required lease payments 38 and other necessary expenditures associated with any sale/leaseback agreement involving real property. 39 17B.3. (BCB/DO: OGS - Fleet Management Program) It is the intent of the General Assembly that the Division of 40 Operations establish a cost allocation plan to recover the cost of operating the comprehensive statewide Fleet Management 41 Program. The Division shall collect, retain and carry forward funds to ensure continuous administration of the program. 42 17B.4. (BCB/DO: OGS - Surplus Property Exemption) The Division of Operations and law enforcement agencies may
SECTION 17B - B&C BOARD, DIV. OF OPERATIONS PAGE 492 1 retain the proceeds from the sale of surplus property for fleet replacement less the cost of disposition incurred by the 2 Division of Operations. 3 17B.5. (BCB/DO: OIS - IRF Forestry Commission Loan) The Insurance Reserve Fund is authorized to loan the Forestry 4 Commission the amount needed to satisfy the settlement of the overtime compensation claim currently pending, including 5 the related Employer Contribution costs; provided the agency first dedicates all its available financial resources (at the time 6 of settlement) to payment of the settlement. 7 The loan repayment schedule is to be negotiated between the Forestry Commission and the State Budget and Control 8 Board, and the interest rate must be the same rate established by the State Treasurer. The funds for repayment are authorized 9 to come from any existing agency resources, and must not require any additional State appropriation. 10 17B.6. (BCB/DO: OLG - Carry Forward - BCB Grant Program, Special Projects & EPA Grant Match Funds) Funds 11 appropriated under Section 17B, Division of Operations, "Aid to Entities": Budget and Control Board Grant Program Funds, 12 Special Projects and EPA Grant Match Funds which are not expended in the prior fiscal year may be carried forward to be 13 expended in the current fiscal year. Of the Grant Funds appropriated under the Division of Operations, $400,000 may be 14 used for operating costs of the Division in order to enhance the technical assistance capabilities of the Office of Local 15 Government. 16 17B.7. (BCB/DO: OLG - Carry Forward - State Water Pollution Control Revolving Fund) If any funds accumulated by 17 the Budget and Control Board, Division of Operations from loan fees are not expended during the preceding fiscal years, 18 such funds may be carried forward and expended for the costs associated with conducting the State Revolving Fund programs 19 for wastewater or drinking water. 20 17B.8. (BCB/DO: OLG - State Water Pollution Control Revolving Fund) In the event that any state funds remain after 21 fully matching federal grants for the State Revolving Funds under the Clean Water Act or Safe Drinking Water Act, such 22 funds may be deposited into the South Carolina Infrastructure Revolving Loan Fund established pursuant to Section 11-40-50. 23 17B.9. (BCB/DO: OLG - Community Development Block Grant) The funds appropriated on special line item "CDBG" 24 are to provide funds for meeting federal matching requirements for administrative costs incurred by the State in administering 25 program income funds received from federally funded economic development grants. 26 17B.10. (BCB/DO: OGS - Museum Food Service) For FY 1995-96, the Division of Operations of the Budget and 27 Control Board will be responsible for the rent associated with 5,850 square feet of space designated by the State Museum 28 for a food service facility until such time as the Division of Operations of the B & C Board, in consultation with the 29 Executive Director of the State Museum, has procured a lease for this space from a food service vendor or has determined 30 the lack of feasibility for such an effort. 31 17B.11. (BCB/DO: OLG - Carry Forward - BCB Infrastructure Grant Fund) Funds appropriated in the Fiscal Year 32 1993-94 Supplemental Appropriation for the Office of Local Government, Division of Operations, Infrastructure Grant 33 Revolving Fund which are unexpended in the preceding fiscal year may be carried forward to be used in the current fiscal 34 year for the same purpose of funding infrastructure projects in economically distressed areas as provided for in Section 41-43- 35 180 of the 1976 Code. 36 17B.12. (BCB/DO: OLG - Debt Service) Of the Grant Funds appropriated under the Division of Operations, up to 37 $330,000 $420,000 may be expended for debt service if funds are not made available for such purpose in this act or any act 38 supplemental thereto.
PAGE 493 1 F09 - SECTION 17C - B&C BOARD, DIVISION OF BUDGET AND ANALYSES 2 3 17C.1. (BCB/DBA: OSB - Agencies Affected by Restructuring) The Budget and Control Board is directed to work with 4 affected State agencies in order to phase-in operations of restructured organizations during Fiscal Year 1995-96. 1996-97. 5 Restructured organizations should be operating entirely under the revised structure not later than June 30, 1996. 1997. The 6 Board is further directed to work with the affected agencies in order to identify and facilitate the transfer of any portion of 7 their operations, including transfer of funds, during Fiscal Year 1995-96, 1996-97, which is affected by the restructured 8 organization adopted by the General Assembly, but which has not already been accomplished herein. Until sufficient changes 9 can be made to the State's accounting system and the appointment of appropriate agency heads, the Comptroller General and 10 the State Treasurer shall allow those agencies affected by restructuring to continue processing documents within the account 11 structure existing on June 30, 1995. 1996. Restructured agencies shall make all the necessary accounting adjustments to 12 complete the transition to the new account structure as soon as possible, but no later than June 30, 1996. 1997. 13 17C.2. (BCB/DBA: OHR - Compensation - Agency Head Salary) Notwithstanding any other provision of law in the event 14 of an agency head vacancy, the governing board of the agency or the Governor, must have the prior favorable 15 recommendation of the Agency Head Salary Commission to set, discuss or offer a salary for the agency head at a rate that 16 exceeds the minimum of the range established by the Agency Head Salary Commission. The Budget and Control Board shall 17 have final approval authority for agency head salaries. Boards and Commissions of newly created agencies shall not offer 18 a salary to a prospective agency head until a salary range has been established and the salary approved by the Agency Head 19 Salary Commission. The funding for such purpose should come from resources within the agency. The Agency Head Salary 20 Commission shall recommend to the Budget & Control Board salary increases for agency heads. No agency head shall be 21 paid less than the minimum of the pay range nor receive an increase that would have the effect of raising the salary above 22 the maximum of the pay range. Funding shall be provided for an amount equivalent to the pay increase for all classified 23 employees. Any remaining increases recommended by the Agency Head Salary Commission shall be funded from the 24 individual agency budget. All increases shall be effective on or after October 1, of the current fiscal year. 25 In the event of a Technical College President vacancy, the appointing authority must have prior favorable recommendation 26 of the Agency Head Salary Commission to set, discuss or offer a salary for Technical College Presidents at a rate that 27 exceeds the midpoint of the salary range. The Budget and Control Board shall have final approval authority for these 28 salaries. 29 17C.3. (BCB/DBA: OHR - Compensation - Reporting of Supplemental Salaries) Any compensation, excluding travel 30 reimbursement, from an affiliated public charity, foundation, clinical faculty practice plan, or other public source or any 31 supplement from a private source to the salary appropriated for a state employee and fixed by the State must be reported by 32 the employee to the Division of Budget and Analyses of the Budget and Control Board. The report must include the amount, 33 source, and any condition of the supplement. Any change in the amount, source, or condition must be reported to the 34 division by the employee. 35 17C.4. (BCB/DBA: OHR - Vacancy Report/Appropriations for Compensation/Quarterly Allocations) In providing in this 36 Act for compensation of state employees, the General Assembly recognizes that a continuing minimum number of position 37 vacancies among state agencies is inevitable and that the full amount appropriated for employee compensation will not likely 38 be required. In order to provide for efficient administration and use of such appropriations, the Budget and Control Board 39 is authorized to require such periodic reports from agencies as will reflect actual compensation requirements during the 40 course of the year and to allot to agencies on a quarterly basis such amounts of appropriations for compensation as may be 41 necessary to meet actual requirements only. 42 17C.5. (BCB/DBA: OHR - Employment Rights Affected by Restructuring) Provided, that all State employees affected
SECTION 17C - B&C BOARD, DIV. OF BUDGET & ANALYSES PAGE 494 1 by the restructuring of State agencies shall retain all present employment rights. Employees who are transferred or 2 reassigned as a result of restructuring who had attained permanent status as provided in the State Employee Grievance 3 Procedure Act of 1982, as amended, shall retain such rights. Employees in positions not covered by the State Employee 4 Grievance Procedure Act of 1982, as amended, who would occupy positions subject to the Act after restructuring and who 5 have more than six months service as a State employee shall have grievance rights under the Act. 6 17C.6. (BCB/DBA: OHR - Agency Head Salaries Affected by Restructuring) The salaries of Agency Directors affected 7 by restructuring will be reviewed by the Division of Budget and Analyses of the Budget and Control Board. The review by 8 the Division of Budget and Analyses will be submitted to the Agency Head Salary Commission and the Budget and Control 9 Board. The Agency Head Salary Commission shall recommend to the Budget and Control Board any salary adjustments 10 deemed appropriate for approval. 11 17C.7. (BCB/DBA: OHR - Compensation - BPI & Compression) The amounts appropriated to the Budget & Control 12 Board for Employee Pay Increase must be allocated by the Board to various state agencies to provide pay increases for 13 employees in accordance with the following plan: 14 A. With respect to classified employees: 15 1. Effective on the first pay date which occurs on or after July 1 of the current fiscal year, the compensation of 16 all classified employees shall be increased by 2.5%. This increase shall not increase the minimum of the pay grade. 17 2. In addition, effective on the first pay date which occurs on or after July 1 of the current fiscal year, an average 18 1% one-time base pay increase for compression relief shall be awarded to all classified employees with permanent status in 19 the following percentage amounts: 20 (a) Employees with less than one year of service in their current job or grade as of July 1, 1995 will receive 21 a 0.5% increase. 22 (b) Employees with at least one and less than three years of service in their current job or grade as of July 1, 23 1995 will receive a 1.0% increase. 24 (c) Employees with at least three and less than five years of service in their current job or grade as of July 1, 25 1995 will receive a 1.25% increase. 26 (d) Employees with five or more years of service in their current job or grade as of July 1, 1995 will receive 27 a 1.5% increase. 28 (e) Such increases shall be limited to the maximum of an employee's existing salary range. 29 (f) Employees in trainee or probationary status as of July 1, 1995 will not be eligible for this portion of the pay 30 increase. 31 (g) Employees must also have received at least a "meets" performance rating on their most recent performance 32 evaluation to be eligible for this portion of the pay increase. 33 B. With respect to unclassified employees or unclassified executive compensation system employees not elsewhere 34 covered in this Act, effective on the first pay date which occurs on or after July 1, of the current fiscal year, each agency 35 is authorized to allot the total funds for compensation increases among individual employees without uniformity. The funds 36 provided for compensation increases for any employees subject to the provisions of this paragraph are based on an annual 37 average 3.5% increase. All of the salaries are subject to the provisions of Section 72.29 of Part I of this Act and Office of 38 Human Resources approval must be obtained before any employees subject to the provisions of this paragraph may be granted 39 an annual pay increase in excess of the guidelines established by the Budget & Control Board. Any employee subject to the 40 provisions of this paragraph shall not be eligible for compensation increases provided in paragraphs A and C. 41 C. With respect to local health care providers, the funds provided for compensation increases shall be based on an 42 annual average 3.5% increase, effective on the first pay period on or after July 1, of the current fiscal year.
SECTION 17C - B&C BOARD, DIV. OF BUDGET & ANALYSES PAGE 495 1 17C.8. (BCB/DBA: OHR - Compensation - Increase Eligibility) Statewide elected officials, constitutional officers, 2 temporary positions, whether full or part-time, and agency heads, shall not be eligible for any compensation increases as 3 provided in this Act unless otherwise specified in this Act. 4 17C.9. (BCB/DBA: BEA - Membership, Compensation, Duties) Notwithstanding the provisions of 11-9-820 of the 1976 5 Code, the Board of Economic Advisors shall consist of the following members: 6 (1) one member, appointed by the Governor, who shall serve as chairman and shall receive the sum of $10,000 annually; 7 (2) one member appointed by the Chairman of the Senate Finance Committee who shall receive the sum of $8,000 8 annually; 9 (3) One member appointed by the Chairman of the Ways and Means Committee of the House of Representatives who 10 shall receive the sum of $8,000 annually; 11 (4) Chairman of the Department of Revenue and Taxation, ex officio with no voting rights. 12 The appointed members shall serve at the pleasure of their appointors. The Chairman of the Board of Economic Advisors 13 shall report directly to the Budget and Control Board to establish policy governing economic trend analysis. The Board of 14 Economic Advisors shall provide for its staffing and administrative support from funds appropriated by the General 15 Assembly. 16 The Executive Director of the Budget and Control Board shall assist the Governor, Chairman of the Board of Economic 17 Advisors, Chairman of the Senate Finance Committee, and Chairman of the Ways and Means Committee of the House of 18 Representatives in providing an effective system for compiling and maintaining current and reliable economic data. The 19 Board of Economic Advisors is considered a public body under the provisions of Section 30-4-20(a) of the 1976 Code. The 20 Board of Economic Advisors may establish an advisory board to assist in carrying out its duties and responsibilities. All 21 state agencies, departments, institutions and divisions shall provide such information and data as the board may require. 22 17C.10. (BCB/DBA: BEA - Mid-Year Budget Reductions & Restricting the Rate of Expenditures) Any appropriations 23 made herein or by special act now or hereafter, are hereby declared to be maximum, conditional and proportionate, the 24 purpose being to authorize expenditures not to exceed the amounts named herein, if necessary, but only in the event the 25 aggregate revenues available during the period for which the appropriations are made are sufficient to pay them in full. The 26 State Budget and Control Board is directed to survey the progress of the collection of revenue and the expenditure of funds 27 by all agencies, departments and institutions. If the Budget and Control Board determines that a year-end aggregate deficit 28 may occur by virtue of a projected shortfall fall in anticipated revenues, it shall utilize such funds as may be available and 29 required to be used to avoid a year end deficit and thereafter take such action as necessary to restrict the rate of expenditure 30 of all agencies consistent with the provisions of this section. No institution, activity, program, item, special appropriation, 31 or allocation for which the General Assembly has provided funding in any part of this Act shall be discontinued, deleted, 32 or deferred by the Budget and Control Board. Any reduction of rate of expenditure by the Board, under authority of this 33 Act, shall be applied as uniformly as may be practicable except that no reduction shall be applied to funds encumbered by 34 a written contract with an agency not connected with the State Government. No such reduction shall be ordered by the State 35 Budget and Control Board while the General Assembly is in session without first reporting such necessity to the General 36 Assembly and the General Assembly has taken no action to prevent the reduction within five statewide session days of 37 formal written notification. 38 As far as practicable all departments, institutions, and agencies of the State are hereby directed to budget and allocate 39 appropriations as quarterly allocation so as to provide for operation on uniform standards throughout the fiscal year and in 40 order to avoid an operating deficit for the fiscal year. It should be recognized that academic year calendars of state 41 institutions will affect the uniformity of the receipt and distribution of funds during the years. The Comptroller General or 42 the Office of State Budget shall make such reports to the Budget and Control Board as they deem advisable on any agency
SECTION 17C - B&C BOARD, DIV. OF BUDGET & ANALYSES PAGE 496 1 which is expending authorized appropriations at a rate which predicts or projects a general fund deficit for the agency. The 2 Budget and Control Board is authorized and directed to require any such agency, institutions or department to file a quarterly 3 allocations plan and is further authorized to restrict the rate of expenditures of the agency, institution or department if the 4 Board determines that a deficit may occur. It is the responsibility of any such agency to develop a plan, in consultation with 5 the Budget and Control Board, that eliminates or reduces a deficit. Should the Budget and Control Board make a finding 6 that the cause of and likelihood of a deficit is unavoidable due to factors which are wholly outside of an agency's control, 7 then the Board may determine that the recognition of an agency deficit is appropriate and shall notify the General Assembly 8 of such action or the presiding officer of the House and Senate if the General Assembly is not in session. Upon receipt of 9 such notification from the Budget and Control Board, the General Assembly may authorize supplemental appropriations from 10 any surplus revenues which existed at the close of the previous fiscal year. If the General Assembly fails to take action, then 11 the finding of the Budget and Control Board shall stand, and the actual deficit at close of the fiscal year shall be reduced as 12 necessary from surplus revenues or surplus funds available at the close of the fiscal year in which the deficit occurs and from 13 funds available in the Capital Reserve Fund and General Reserve Fund, as required by the Constitution. If the Budget and 14 Control Board finds that the likelihood and cause of a deficit is the result of agency management, then the bond of State 15 officials responsible for management of the agency involved shall be held liable therefor and the Board shall notify the 16 Agency Head Salary Commission of such finding. In the case of a finding that a projected deficit is the result of the 17 management of the agency, the Budget and Control Board shall take immediate steps to curtail agency expenditures in such 18 a manner so as to bring expenditures in line with authorized appropriations and avoid a year end operating deficit. 19 17C.11. (BCB/DBA: OHR - Compensation - Other Chief Executive Officers Increases) Agency chief executive officers 20 not reviewed by the Agency Head Salary Commission shall receive an annual increase of 3.5% effective on the first pay date 21 which occurs on or after July 1, of the current fiscal year, unless otherwise provided in this Act. 22 17C.12. (BCB/DBA: OHR - Compensation - Judicial Officers Increases) The Chief Justice and other judicial officers 23 as prescribed by law shall receive an annual increase of 3.5% effective on the first pay date occurring on or after July 1, 24 of the current fiscal year. 25 17C.13. (BCB/DBA: OHR - Compensation Increase - Appropriated Funds Ratio) Appropriated funds may be used for 26 compensation increases for classified and unclassified employees and agency heads only in the same ratio that the employee's 27 base salary is paid from appropriated sources. 28 17C.14. (BCB/DBA: OHR - Law Enforcement Personnel Salary Review) The Budget and Control Board's Office of 29 Human Resources is hereby directed to conduct a review of existing Law Enforcement personnel salaries in Public Safety, 30 SLED, and the Department of Natural Resources and correctional officers. This study is to include comparison of grades, 31 average salaries within grades, and average salary within each grade in reference to time in each grade. Results of this 32 review should be reported to the Ways and Means Committee and the Senate Finance Committee by January 5, 1996. 33 17C.15. (BCB/DBA: OHR - Vacant Positions) In the event that any permanent position in an agency remains vacant 34 for more than one year the position may be deleted by the Budget and Control Board. 35 17C.16. (BCB/DBA: OSB - DMV Restructuring) The Budget and Control Board, in conjunction with the Department 36 of Revenue and the Department of Public Safety, shall transfer all funds and positions associated with the Division of Motor 37 Vehicles located at the Department of Revenue to the Department of Public Safety. The Department of Revenue shall transfer 38 only those funds and positions appropriated to the Department for the Motor Vehicles function. 39 17C.17. (BCB/DBA: OSB - Budget Format) DELETED 40 17C.18. (BCB/DBA: OHR - Employees Serve at Pleasure DELETED 41 17C.19. (BCB/DBA: OHR - Employee Pay) The amounts appropriated to the Budget and Control Board for Employee 42 Pay Increase must be allocated by the Board to the various state agencies to provide for employees pay increases in
SECTION 17C - B&C BOARD, DIV. OF BUDGET & ANALYSES PAGE 497 1 accordance with the following plan: 2 1. With respect to classified employees, effective on the first pay date that occurs on or after October 1 of the current 3 fiscal year, the compensation of all classified employees shall be increased by 3.4%. 4 2. With respect to unclassified employees or unclassified executive compensation system employees not elsewhere 5 covered in this Act, effective on the first pay date which occurs on or after October 1 of the current fiscal year, each agency 6 is authorized to allot the total funds for compensation increases among individual employees without uniformity. The funds 7 provided for compensation increases for any employees subject to the provisions of this paragraph are based on an annual 8 average 3.4% increase. All of the salaries are subject to the provisions of Section 72.24 of Part IB of this Act and Office 9 of Human Resources' approval must be obtained before any employees subject to the provisions of this paragraph may be 10 granted an annual pay increase in excess of the guidelines established by the Budget & Control Board. Any employee subject 11 to the provisions of this paragraph shall not be eligible for compensation increases provided in paragraphs 1, 3, 4, 5, 6 or 12 7. 13 3. With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary Commission 14 shall recommend to the Budget and Control Board salary increases for agency heads. Agency head increases shall be 15 effective on the first pay date that occurs on or after October 1 of the current fiscal year. No agency head shall be paid less 16 than the minimum of the pay increase range nor receive a salary increase that would have the effect of raising the salary 17 above the maximum of the pay range. 18 4. Effective on the first pay date that occurs on or after October 1 of the current fiscal year, agency heads not covered 19 by the Agency Head Salary Commission, shall receive an annualized base pay increase of 3.4%. 20 5. With respect to local health care providers, the funds provided for compensation increases shall be based on an 21 annual average 3.4% increase, effective on the first pay period on or after October 1 of the current fiscal year. 22 6. Effective on the first pay date that occurs on or after October 1 of the current fiscal year, the Chief Justice and other 23 judicial officers shall receive a base pay increase of 3.4%. 24 7. Effective on the first pay date that occurs on or after October 1 of the current fiscal year, the compensation of 25 judicial employees not elsewhere covered in this act shall be increased by 3.4%. 26 17C.20. (BCB/DBA: OHR - Judicial Department Pay) DELETED 27 17C.21. (BCB/DBA: OSB - Prior Year Shown in Appropriation Bill) Effective on July 1 of the current fiscal year, the 28 Appropriation Bill must show the prior year's base budget in the appropriation budget format. 29 30 31 F27 - SECTION 17D - B&C BOARD, STATE AUDITOR'S OFFICE 32 33 17D.1. (BCB/AUD: Access of Records) Notwithstanding any other provision of law, for the purposes of carrying out 34 his duties, the State Auditor and his assistants or designees shall have access to all records and facilities of every state agency 35 during normal operating hours. Furthermore, the State Auditor and his assistants or designees shall have access to all 36 relevant records and facilities of any private organization which is appropriated state monies, relating to the management 37 and expenditures of such funds, during the organization's normal operating hours. In the performance of his official duties, 38 the State Auditor and his assistants or designees are subject to the statutory provisions and penalties regarding the 39 confidentiality of records of the respective agency, or organization, under review. All audit working papers and memoranda 40 of the State Auditor, with the exception of final audit reports, are confidential and not subject to public disclosure. 41 17D.2. (BCB/AUD: Audit Timeframes) Notwithstanding any other provision of law, the State Auditor may examine less 42 often than annually agencies, departments, commissions and divisions provided that every such agency, department,
SECTION 17D - B&C BOARD, STATE AUDITOR'S OFFICE PAGE 498 1 commission or division shall be examined no less often than every third year. 2 17D.3. (BCB/AUD: Contracts for State Audits) In the event qualified personnel cannot be hired during the current fiscal 3 year, any unused personal service funds in Subsection 17D, may be used to contract private firms to perform audits as 4 prescribed by the State Auditor. 5 17D.4. (BCB/AUD: Fraud Hot Line) The State Auditor is directed to maintain a Fraud Hot Line, and provide statewide 6 toll free telephone service for use by citizens of this State to report incidences of waste, fraud, misuse, and abuse of state 7 funds. The State Auditor is further directed to advertise the Fraud Hot Line in an appropriate manner. 8 17D.5. (BCB/AUD: Medical Assistance Audit) The Department of Health and Human Services shall remit to the General 9 Fund an amount representing fifty percent (allowable Federal Financial Participation) of the cost of the Medical Assistance 10 Audit as established in the State Auditor's Office of the Budget and Control Board Section 17D such amount to also include 11 appropriated salary adjustments and employer contributions allowable to this program. Such remittance to the General Fund 12 shall be made monthly and based on invoices as provided by the State Auditor's Office of the Budget and Control Board. 13 14 15 F29 - SECTION 17E - B&C BOARD, RETIREMENT DIVISION 16 17 17E.1. (BCB/RET: Authorization to Pay For Data Processing Services) The Retirement System is authorized to pay the 18 Budget & Control Board - Division of Executive Director from funds appropriated to contractual services a charge for data 19 processing services. The cost will be determined on an hourly basis and shall not exceed the sum of $600,000. 20 17E.2. (BCB/RET: Retirement Benefits Limits Increase) Notwithstanding any other provision of law, except as provided 21 below, retirees and beneficiaries under the State Retirement Systems receiving Medicaid (Title XIX) sponsored nursing home 22 care as of June 30, of the prior fiscal year shall receive no increase in retirement benefits during the current fiscal year. 23 However, a retired employee affected by the above prohibition may receive the scheduled increase if he is discharged from 24 the nursing home and does not require admission to a hospital or nursing home within six months. The Department of Health 25 & Human Services, the Department of Social Services, and the State Retirement Systems must share the information needed 26 to implement this proviso. 27 17E.3. (BCB/RET: Retirement Contributions - Monthly Transfers) Notwithstanding the amounts appropriated in 28 Subsection 17F of this Section as "State Employer Contributions," the State Treasurer and Comptroller General are hereby 29 authorized and directed to transfer from the General Fund of the State to the proper Retirement System Accounts, month 30 by month, during the current fiscal year, such funds as are necessary to comply with the terms of the Retirement Act as 31 amended, with respect to contributions by the State of South Carolina to the Retirement System. 32 17E.4. (BCB/RET: Temporary Scientific Consultative Employment) Any teacher or employee especially skilled in 33 scientific knowledge and attainment may be temporarily employed by any part of the government or any agency thereof in 34 a consultative capacity on a per diem compensation without such temporary consultative employment in any way affecting, 35 reducing or canceling his retirement benefits but such temporary consultative employment shall not exceed six months in any 36 one year. 37 38 39 F30 - SECTION 17F - B&C BOARD, EMPLOYEE BENEFITS 40 41 17F.1. (BCB/EB: Benefits - Proportionate Payment) It is the intent of the General Assembly that any agency of the State 42 Government whose operations are covered by funds from other than General Fund Appropriations shall pay from such other
SECTION 17F - B&C BOARD, EMPLOYEE BENEFITS PAGE 499 1 sources a proportionate share of the employer costs of retirement, social security, workmen's compensation insurance, 2 unemployment compensation insurance, health and other insurance for active and retired employees, and any other employer 3 contribution provided by the State for the agency's employees. 4 17F.2. (BCB/EB: Unemployment Compensation Account) Unemployment Compensation premiums collected from state 5 agencies will be deposited into a separate account and used to pay Unemployment Compensation benefits to eligible 6 employees of the State. Premiums will be based on experience ratings provided by private consultants and the Budget and 7 Control Board. The Unemployment Compensation Funds' contribution level must be reviewed no less than biennially to 8 ensure that premiums are commensurate with the cost of operating the Unemployment Compensation Fund. All interest 9 earned on this account must be retained by the Unemployment Compensation Fund and used to offset costs. 10 17F.3. (BCB/EB: Unemployment Compensation Administration) The Budget and Control Board may hire consultants 11 or a management firm to assist in the administration of the unemployment compensation program for state employees and 12 for that purpose may use funds appropriated or otherwise made available for unemployment payments. The Budget and 13 Control Board is authorized to make such transfers as are necessary to accomplish this purpose. The Budget and Control 14 Board shall report annually to the General Assembly in writing the complete name, address and amounts paid to any such 15 consultants or management firm. 16 17F.4. (BCB/EB: Unemployment Compensation Insurance Claims) Notwithstanding the amounts appropriated in 17 Subsection 17F of this Section as "Unemployment Compensation Insurance" to cover unemployment benefit claims paid to 18 employees of the State Government who are entitled under Federal Law, the State Treasurer and the Comptroller General 19 are hereby authorized and directed to pay from the General Fund of the State to the South Carolina Employment Security 20 Commission such funds as are necessary to cover actual benefit claims paid during the current fiscal year which exceed the 21 amounts paid in for this purpose by the various agencies, departments and institutions subject to unemployment compensation 22 claims. The Employment Security Commission shall certify quarterly to the Budget and Control Board the State's liability 23 for such benefit claims actually paid to claimants who were employees of the State of South Carolina and entitled under 24 Federal law. The amount so certified shall be remitted to the Employment Security Commission. 25 17F.5. (BCB/EB: Workers' Compensation Insurance Claims) Notwithstanding the amounts appropriated in Subsection 26 17F of this Section as "Workers' Compensation Insurance" to cover Workers' Compensation benefit claims paid to employees 27 of the State Government who are entitled under State Law, the State Treasurer and the Comptroller General are hereby 28 authorized and directed to pay from the General Fund of the State to the State Accident Fund such funds as are necessary 29 to cover actual benefit claims paid and expenses relating to the operations of the agency during the current fiscal year which 30 exceed the amounts paid in for this purpose by the various agencies, departments, and institutions. The State Accident Fund 31 shall certify quarterly to the Budget and Control Board the State's liability for such benefit claims actually paid to claimants 32 who are employees of the State of South Carolina and entitled under State Law. The amount so certified shall be remitted 33 to the State Accident Fund. 34 35 36 F31 - SECTION 17G - B&C BOARD, CAPITAL RESERVE FUND 37 38 17G.1. (BCB/CRF: Deficit Projected - Use of CRF) If the Board of Economic Advisors revenue forecast to the Budget 39 and Control Board at any time during the current fiscal year projects that revenues for the current fiscal year will be less 40 than appropriated expenditures for this year, the Budget and Control Board in mandating necessary cuts during the current 41 fiscal year to eliminate the projected deficit must first reduce to the extent necessary the appropriation herein contained to 42 the Capital Reserve Fund, prior to mandating any cuts in operating appropriations.
PAGE 500 1 H03 - SECTION 18A - COMMISSION ON HIGHER EDUCATION 2 3 18A.1. (CHE: Contract for Services Program Fees) The amounts appropriated in this Section for "Southern Regional 4 Education Board Contract Programs" and "Southern Regional Education Board Dues" are to be used by the Commission to 5 pay to the Southern Regional Education Board the required contract fees for South Carolina students enrolled under the 6 Contract for Services program of the Southern Regional Education Board, in specific degree programs in specified institutions 7 and the Southern Regional Education Board membership dues. The funds appropriated may not be reduced to cover any 8 budget reductions or be transferred for other purposes. 9 18A.2. (CHE: Desegregation Activities) Higher Education institutions shall continue to support and fund desegregation 10 activities within the allocations made to each agency. 11 18A.3. (CHE: Grants for Programs in Other States) Of the funds appropriated herein, not more than $25,000 may be 12 used to make grants to South Carolina residents enrolled in an accredited institution outside the State in a program (a) not 13 offered in South Carolina, or (b) a program which differs significantly from a program offered in South Carolina as 14 determined by the Commission on Higher Education. The amount awarded to any such student must be made directly to 15 the institution for the account of the grantee. 16 18A.4. (CHE: Out-of-State School of the Arts) The funds appropriated herein for Out-of-State School of the Arts must 17 be expended for an SREB Contract Program, administered by the Commission, which will offset the difference between the 18 out-of-state cost and in-state cost for artistically talented high school students at the North Carolina School of the Arts. 19 18A.5. (CHE: Real Property Disposal) Before any local area higher education commission may dispose of any real 20 property, the approval of the Budget and Control Board must be obtained. 21 18A.6. (CHE: Councils Committees, Etc., Representation) Each four-year campus of each state-supported senior college 22 and university shall have the same representation on all formal and informal councils, advisory groups, committees, and task 23 forces of the commission, not including the formula advisory committee, as the independent four-year colleges. 24 Representation on the Formula Advisory Committee shall include from the S.C. Legislature the following voting members: 25 two members of the Senate Finance Committee and two members of the House Ways and Means Committee to be appointed 26 by the respective chairman. 27 18A.7. (CHE: Access & Equity Programs) Of the funds appropriated herein for Desegregation Programs, the 28 Commission on Higher Education shall distribute at least $116,233 $105,319 to South Carolina State University, $29,036 29 $26,309 to Denmark Technical College, and $290,714 $263,415 to the Access and Equity Program. With the funds 30 appropriated herein for formula funding increases, the colleges and universities shall supplement their access and equity 31 programs so as to provide, at a minimum, the same level of minority recruitment activities as provided during the prior fiscal 32 year. 33 18A.8. (CHE: Deadline for Formula Changes) The allocations made for the immediate fiscal year following March 1 34 of any year must not be adjusted due to any change in the formula and any change in the input data into the formula after 35 March 1 of the year. Any changes in allocation due to formula changes must be held in abeyance until the next year's 36 allocation as required herein. By March 1, the Commission on Higher Education shall submit the final formula and the input 37 data into the formula to the Senate Finance Committee, the House Ways and Means Committee, the Senate Education 38 Committee, and the House Education and Public Works Committee. 39 18A.9. (CHE: Reciprocal Tuition) The University of South Carolina's Aiken Campus may offer in-state tuition to any 40 student whose legal residence is in the Richmond/Columbia County area of the neighboring state of Georgia as long as the 41 Georgia Board of Regents continues its Georgia Tuition Program by which in-state tuition is offered to students residing in 42 the Aiken/Edgefield County Area of the State of South Carolina.
SECTION 18A - COMMISSION ON HIGHER EDUCATION PAGE 501 1 18A.10. (CHE: Penn Center) Of the funds appropriated to Higher Education formula, $99,000 $174,000 shall be 2 allocated to the University of South Carolina - Beaufort for the Penn Center Project. The funds allocated shall not be used 3 for any other purposes and shall not be reduced due to budget reductions. 4 18A.11. (CHE: Midlands Tec Property Acquisition) Before disposal of the property on which the S.C. Fire Academy 5 currently resides, Midlands Technical College must first be given the option of acquiring this property. 6 18A.12. (CHE: CHE Carry Forward) The Commission on Higher Education may carry forward into the current fiscal 7 year any unexpended general funds from the prior fiscal year to be used only for the Access and Equity Program. 8 18A.13. (CHE: Southeastern Manufacturing Technology Center) The South Carolina Commission on Higher Education 9 shall review annually the activities of the Southeastern Manufacturing Technology Center and make a budget recommendation 10 to the General Assembly. The funds appropriated to the University of South Carolina - Columbia for the Southeastern 11 Manufacturing Technology Center may not be used for any other purpose. 12 18A.14. (CHE: Greenville Higher Education Center Rent) Of the funds appropriated to higher education, $337,694 will 13 be allocated to Greenville Technical College to pay the annual rent for the Greenville Higher Education Center. 14 18A.15. (CHE: Property Disposal) The governing body for each technical college, public college and university shall 15 review the real property titled in the name of its institution to determine if such property is excess to the institution's 16 anticipated needs and is available for disposal. All real properties determined to be excess may be disposed of with the 17 approval of the Budget and Control Board. The proceeds of such sales are to be disposed of as follows: If the property was 18 acquired as a gift, through tuition student fees, county funds, or earned income, the proceeds may be retained by the selling 19 institution for use in accord with established needs. The proceeds acquired from the sale of real property acquired through 20 unique State appropriations, State Capital Improvement Bonds, or formula funds are to revert to the State's General Fund. 21 The responsibility for providing any necessary documentation including but not limited to documenting the fund source, of 22 any real property proposed for sale rests with each respective institution. 23 18A.16. (CHE: Out-of-State Tuition Subsidy) Any funds appropriated in excess of Fiscal Year 1993-94 total 24 appropriation must be allocated to the institutions for the funding of the formula for in-state students only. 25 18A.17. (CHE: SREB Funding) Funds appropriated for SREB contracts and dues may not be transferred or reduced. 26 18A.18. (CHE: Single-Gender Institutions) In considering the comprehensive funding needs of the various institutions 27 of higher learning, the General Assembly has taken cognizance of the decisions of federal courts in various jurisdictions 28 which have held that single-gender institutions of higher learning provide valuable and unique educational opportunities and 29 are constitutionally permissible based on legitimate public policy considerations which justify single-gender education. 30 Studies conducted by several scholars have concluded that for a variety of reasons single-gender institutions have advantages 31 over coeducational institutions in numerous areas, and the data developed suggests that the differences between a single- 32 gender student population and a coeducational one justify a state's offering single-gender education. A state nevertheless 33 must appropriate its available funds so as to provide constitutionally permissible single-gender opportunities in higher 34 education based on public policy considerations governing the expenditure of funds in support of higher education which 35 justify single-gender classifications as being in the best interests of the providing state. The General Assembly, by this 36 proviso, declares and stipulates that the public policy considerations and state interests of South Carolina in establishing, 37 supporting, and providing for single-gender institutions of higher learning are as follows: 38 A. Policy of Diversity. 39 South Carolina believes that its institutions of higher learning should be diverse as to size, competitiveness, program 40 emphasis, student population, and location so as to provide students with a variety of academic opportunities and experiences. 41 In compliance with this policy of diversity, South Carolina has established a variety of diverse educational post-secondary 42 institutions ranging from small colleges to large regional universities, from liberal arts programs to specific research-based
SECTION 18A - COMMISSION ON HIGHER EDUCATION PAGE 502 1 programs, from two-year institutions to four-year institutions with no graduate programs and to four-year institutions with 2 comprehensive graduate and professional schools. In this contest, a policy of diversity should include places for single- 3 gender institutions within the overall higher education system of this State. The single-gender institutions this State has 4 supported over the years have been as a result of the legitimate state interest and desire for diversity in its educational 5 institutions, and a belief that a diverse state program that includes both single-gender programs and coeducational programs 6 better meets the individual needs of students than does a program or policy that requires all students, without regard to 7 individual needs, to attend coeducational colleges. 8 B. Policy of Meeting Need and Demand. 9 A need for single-gender educational programs exists in South Carolina in the opinion of its citizens, and a public demand 10 for them continues. The citizens of South Carolina want these programs and the public interest is well served by them. A 11 tremendous demand exists now and has historically existed for the type of single-gender opportunities the State has offered. 12 It may be true that this demand is somewhat unique to South Carolina and other similar states and does not necessarily exist 13 throughout the country but, nevertheless, where sufficient demand has existed for particular single-gender programs of either 14 gender thereby justifying the expenditure of public funds to support such programs, the State of South Carolina has supported 15 such programs and has a valid state interest in doing so. The current single-gender situations in South Carolina are popular, 16 fully-subscribed, and flourishing and clearly the State has a legitimate public policy interest in offering and providing the 17 types of educational experiences, including single-gender ones, that its taxpayers and citizens desire and support. In addition, 18 where a single-gender institution produces graduates of a particular discipline, training, or expertise, and the record shows 19 that this type of training could not be as successfully developed at a coeducational institution, a legitimate and important state 20 interest is served if the State through its agencies and programs or the nation through its agencies and programs utilizes these 21 graduates for compelling state or national needs. 22 C. Policy of Autonomy. 23 In the system of higher education in place in South Carolina, each institution of higher learning is governed by a board 24 of trustees which governs the institution subject to the general law and in conjunction with the Commission on Higher 25 Education. The General Assembly has directed the Commission on Higher Education and the state's institutions of higher 26 learning to seek to create an environment in which each institution can pursue its own mission within the broader statewide 27 framework. 28 The missions of South Carolina's sixty-two public and independent post-secondary institutions vary widely. Research 29 universities offer degree programs through the doctoral level and professional programs consistent with their respective 30 missions. In addition, their missions emphasize funded research and public service activities that complement academic 31 programs. Within the context of their variety of roles and missions, senior colleges offer a broad range of degree programs 32 including graduate programs at the master's degree level in selected fields as well as public service and research programs. 33 This comprehensive system as a matter of public policy should include an institution's right to choose to offer a single-gender 34 program if sufficient demand for such a program exists and if the program fits within the broad framework of the overall 35 state educational system. 36 The General Assembly as part of its stated public policy of allowing each institution the autonomy within certain 37 guidelines to develop individualized mission statements and programs has therefore determined that it is consistent with its 38 stated policy of institutional autonomy for an institution to offer a single-gender opportunity accomplished through the 39 enactment of such vehicles as specific admission requirements based on gender or other similar requirements. 40 D. Policy of Economy of Resources. 41 The resources of the State of South Carolina available for higher education are becoming more and more scarce, and it 42 is mandatory and a compelling public policy and state interest that the available resources and funding for each institution
SECTION 18A - COMMISSION ON HIGHER EDUCATION PAGE 503 1 of higher learning be used in the most efficient and effective manner possible. 2 Studies have shown that single-gender programs provide a diversity of choice for the individual and varying needs of 3 students in the most efficient, economical, and prudent manner possible and with the maximum utilization of the resources 4 and assets of the State. This is true because single-gender programs avoid the duplication and additional expense that would 5 be incurred if an attempt was made to offer the unique characteristics of a single-gender program at a coeducational 6 institution. A single-gender institution can deliver some specific programs including those with holistic or adversarial 7 characteristics at less cost than can a coeducational institution and the State has a legitimate public policy interest in providing 8 these types of programs at the least possible cost. Also, consistent with its policy of providing single-gender educational 9 opportunities for the reasons enumerated herein, the State of South Carolina has found that the physical plant of a single- 10 gender institution must have certain characteristics different from those of a coeducational institution for the purpose of 11 ensuring privacy, safety, and for other such considerations. To attempt to construct or adapt the physical plant of a single- 12 gender institution for the purpose of making it suitable for coeducation would be prohibitively expensive. 13 Consequently, given the fiscal situation in South Carolina and given the competing demands on its scarce resources, it 14 is in the best interest of the State and a prudent public policy for single-gender institutions to be part of this state's higher 15 education system so that unique programs may be offered to interested students in the most economical and efficient manner 16 possible without unnecessary duplication and additional expense. 17 E. Policy of Choice. 18 Single-gender institutions and their programs provide a freedom of choice to students and their families, and the General 19 Assembly believes as a matter of public policy that this is a freedom for individual choice that does not need to be destroyed. 20 Ample choices and opportunities for college educations in mixed-gender coeducational environments exist in South Carolina 21 and in other states and those individuals desiring a single-gender choice should also have the opportunity to make such a 22 choice. Single-gender institutions are not inherently unconstitutional or unlawful, and the General Assembly believes that 23 as a matter of public policy it has a duty to offer its citizens the widest range of educational opportunities it can offer in the 24 manner allowed by law, including single-gender opportunities, so that interested students are free to choose an institution 25 which, due to its distinctive educational methods, is not diminished or impaired as a result of a coeducational requirement; 26 and 27 For the reasons and policies above provided, South Carolina has historically supported and continues to support single- 28 gender educational institutions as a matter of public policy based on legitimate state interests where sufficient demand has 29 existed for particular single-gender programs thereby justifying the expenditure of public funds to support such programs. 30 Presently in South Carolina single-gender educational opportunities exist for men at The Citadel, but do not exist for 31 women in all areas and the members of the General Assembly, by this proviso, express their belief that it is appropriate for 32 this State to begin the process of providing single-gender educational opportunities for women. 33 18A.19. (CHE: Out-Of-State Tuition Subsidy Reduction) State-supported colleges and universities, including technical 34 colleges, shall not increase the tuition and fees charged to in-state undergraduate students until the institutions recapture and 35 maintain one hundred percent of the total education and general cost for out-of-state undergraduate students. Beginning July 36 1, 1994, the Commission on Higher Education shall reduce the subsidy for out-of-state undergraduate students by five percent 37 each year until the state subsidy is at twenty-five percent of the total education and general cost. At the end of these 38 periods, the state subsidy for such undergraduate students shall be twenty-five percent of the total education and general cost. 39 However, for Fiscal Year 1994-95, this reduction does not take effect until recurring and nonrecurring funds in excess of 40 $567,386,486 have been appropriated for the higher education formula. 41 Should there be any in-state undergraduate tuition increase in violation of this section, the appropriations in this act to 42 that institution shall be reduced by the amount generated by that increase.
SECTION 18A - COMMISSION ON HIGHER EDUCATION PAGE 504 1 18A.20. (CHE: Tuition and Fee Increases Limitation) For the current fiscal year, Institutions of Higher Education, 2 including Research Institutions, 4 year institutions, 2 year institutions and technical colleges, which receive General Fund 3 Appropriations, shall not increase in-state student tuition and fees above the current year's Higher Education Price Index. 4 18A.21. (CHE: Advanced Placement) Students successfully completing advanced placement courses and receiving a 5 score of three (3) or above on the exam shall receive advanced placement credit for each course in all post-secondary public 6 colleges in South Carolina. 7 18A.22. (CHE: Formula Funding for Converse Women's Leadership Institute) Of the funds appropriated for the higher 8 education formula, one million four hundred thousand dollars shall be allocated to The Citadel for the Women's Leadership 9 Institute at Converse College upon approval of a single-gender program by any court of competent jurisdiction. when a 10 female leadership program has been approved as in compliance with the federal district court order. This contract will in 11 no way make Converse College subject to the Commission on Higher Education's purview. Funds shall be transferred to 12 Converse College by the Citadel on a quarterly basis for students enrolled in Women's Leadership contract program on the 13 same per student basis as the per student state appropriation for cadets at The Citadel as determined under the higher 14 education formula of the Commission on Higher Education. Funds remaining after per student reimbursements, up to a total 15 of one million four hundred thousand dollars, shall be used to establish and support the Leadership Institute at Converse 16 College. 17 18A.23. (CHE: African-American Loan Program) Of the funds appropriated to the Commission on Higher Education 18 for the African-American Loan Program, $130,000 must be distributed to South Carolina State University, $100,000 to 19 Benedict College, and $100,000 to Voorhees College for a loan program with the major focus of attracting African-American 20 males to the teaching profession. 21 18A.24. (CHE: Scholarship and Grants Allocation) In instances where the equal division of the appropriated funds 22 between need-based grants and the Palmetto Fellows Program exceeds the capacity to make awards in either program, the 23 Commission on Higher Education has the authority to re-allocate the remaining funds between the two programs until these 24 programs are fully implemented in FY 2000-2001, after which an equal division between the two programs shall be 25 maintained. 26 27 28 H06 - SECTION 18B - HIGHER EDUCATION TUITION GRANTS 29 30 18B.1. (HETG: Disbursal of Grant Funds/Interest Earnings) South Carolina Tuition Grants Program funds shall be 31 disbursed to eligible students on a semester-by-semester basis. Interest accrued on the balance of undisbursed tuition grants 32 programs funds on deposit with the State Treasurer's Office from September 15 through December 31 shall be calculated 33 by the State Treasurer's Office and transferred within 30 days to the South Carolina Tuition Grants Program to be awarded 34 as tuition grants to eligible students. 35 36 37 H09 - SECTION 18C - THE CITADEL 38 39 18C.1. (CIT: Women's Leadership Program) The funds appropriated in Part IA, Section 18C, of this act and any other 40 funds appropriated in any other appropriation act for the Women's Leadership Program must be used exclusively for the 41 support of the Women's Leadership Program. Provided further, that no funds may be expended until the approval of a 42 single-gender program if the Fourth Circuit Court of Appeals renders a decision which would prevent the establishment of
SECTION 18C - THE CITADEL PAGE 505 1 the Women's Leadership Program as established in Part II of this act by any court of competent jurisdiction and the 2 appropriation authorization shall revert to the General Fund. 3 4 5 H45 - SECTION 18K - UNIVERSITY OF SOUTH CAROLINA 6 7 18K.1. (USC: Palmetto Poison Control Center) Of the funds appropriated or authorized herein, the University of South 8 Carolina shall expend at least $150,000 on the Palmetto Poison Control Center. 9 18K.2. (USC: Public Service Activities) Of funds appropriated to the University of South Carolina in Section 18KA 10 for public service activities, $25,000 shall be provided for the continuing operation of the Gerontology Project, $90,624 shall 11 be provided for the Law Enforcement Census and Annual Law Enforcement Report which is to be prepared by the Office 12 of Agency Research and Service, College of Criminal Justice, and $20,000 for the Old Fort Congaree Project. 13 18K.3. (USC: Confederate Relic Room Rent) Rent charged by the University of South Carolina to the Confederate 14 Relic Room, for the use of space occupied as of June 30, 1992, shall not be increased above the 1991-92 level. 15 18K.4. (USC: Child Development Centers - Indirect Cost Partial Waiver) The University of South Carolina, Columbia, 16 Lancaster, Spartanburg, and Union Campuses shall be allowed to apply a 5% indirect cost rate for their four early childhood 17 education centers supported by the SC Health and Human Services Block Grant for FY 93-94. 18 18K.5. (USC: Indirect Cost Recovery Waiver for Summer Food Service Program) The University of South Carolina 19 is granted partial waiver of the remittance of indirect cost recoveries for the Summer Food Service Program supported by 20 the Federal Department of Agriculture through the Department of Social Services. The waiver may not exceed the amount 21 of direct administrative cost for the program. 22 18K.6. (USC: Medical School - Position Transfer) The University of South Carolina positions that are funded by the 23 School of Medicine but are employees of Richland Memorial Hospital are to be transferred to the University of South 24 Carolina during Fiscal Year 1996-97. As of the date of transfer, these employees will be employees of the University of South 25 Carolina subject to the policies of the University and the State; provided, however, that such employees will be afforded all 26 benefits of state employment. Service credit at Richland Memorial Hospital will be recognized for the purpose of leave 27 accrual. Existing annual and sick leave balances will be transferred to the University of South Carolina not to exceed 28 allowable statutory leave balances. The University shall absorb these employees without additional FTE's. 29 30 31 H54 - SECTION 18M - MEDICAL UNIVERSITY OF S.C. 32 33 18M.1. (MUSC: Family Practice Residency System) Statewide family practice residency system funds appropriated 34 for faculty salaries, teaching services, and consultant fees may only be expended when the above activities are accomplished 35 for educational purposes in the family practice centers. Authorization is hereby granted to the Medical University of South 36 Carolina to expend such funds in hospital-based clinical settings apart from the consortium hospital, when such settings are 37 determined by the President of the Medical University of South Carolina with approval of the Board of the Medical 38 University to provide appropriate educational experience and opportunities to the family practice residents and these funds 39 shall not be transferred to any other program. 40 18M.2. (MUSC: Ombudsman Program) From the funds appropriated in this section, the Medical University of South 41 Carolina shall provide the space needed for the Ombudsman Program of the Office of the Governor and shall provide 42 pertinent written statements, documents, exhibits and other items, as well as any other assistance, that is deemed necessary
SECTION 18M - MEDICAL UNIVERSITY OF SOUTH CAROLINA PAGE 506 1 for the performance of the program's mandates. 2 18M.3. (MUSC: AHEC Residency Programs Formula Funding) South Carolina Area Health Education Consortium 3 (S.C. AHEC) shall be awarded funding for the Statewide Family Practice Residency System and the Graduate Doctor 4 Education Program based on the appropriate formula, as approved by the S.C. AHEC and the Commission on Higher 5 Education, and the level of funding shall be the same percentage as the other State Institutions of Higher Education. 6 18M.4. (MUSC: AHEC Residency Programs Funds) Funds allocated for the residency programs (Statewide Family 7 Practice and Graduate Doctor Education) shall be used for those programs only. Funds allocated for the Area Health 8 Education Center program shall be used for that program only. 9 18M.5. (MUSC: AHEC Rural Physician Recruitment Program) The SC AHEC physician recruitment office shall 10 administer the funds appropriated to The Medical University of South Carolina for the "Rural Physician Recruitment 11 Program". The fiscal and management affairs shall be the responsibility of the Medical University of South Carolina. A 12 Board is hereby created to oversee the selection process and allocation of these funds. The Board will be composed of the 13 following: The Executive Director, or his designee, of the SC Primary Care Association; the Dean, or his designee, of the 14 USC School of Medicine; the Executive Director, or his designee, of the SC Medical Association; two representatives from 15 rural health care settings, one to be appointed by the Chairman of the Senate Medical Affairs Committee and one to be 16 appointed by the Chairman of the House Medical, Military, Public and Municipal Affairs Committee; the Commissioner, 17 or his designee, of the Department of Health and Environmental Control; the Executive Director, or his designee, of the 18 South Carolina Hospital Association; and the Commissioner, or his designee, of the Commission on Higher Education. 19 18M.6. (MUSC: Diabetes Center of Excellence) Of the funds appropriated to the Medical University of South Carolina, 20 $159,000 $232,000 shall be used for a Diabetes Center of Excellence. 21 18M.7. (MUSC: Medical School Graduates Statistics) From the funds appropriated in Part IA, Section 18MC, Program 22 II. Family Practice for classified positions and other operating expenses, the State Office of Rural Health shall compile the 23 statistics on the number of graduates of USC School of Medicine and Medical University of South Carolina who are actually 24 practicing medicine as primary care physicians in South Carolina, with said statistics to include specific data as to the type 25 of specialization of any internists and to include the number of graduates who are practicing in rural or underserved areas 26 of this state; and such data shall be reported to the General Assembly by January 1, 1996. 27 18M.8. (MUSC: Sale or Lease of MUSC Facilities) DELETED 28 29 30 H59 - SECTION 18N - TECHNICAL & COMPREHENSIVE EDUCATION 31 32 18N.1. (TEC: Real Property Acquisition) Before any local technical education area commission may acquire any real 33 property, the approval of the State Board for Technical and Comprehensive Education and the State Budget and Control 34 Board and the Joint Bond Review Committee shall be obtained. 35 18N.2. (TEC: Training of New & Expanding Industry) Notwithstanding the amounts appropriated in this section for 36 "Special Schools", it is the intent of the General Assembly that the State Board for Technical and Comprehensive Education 37 expend whatever available funds as are necessary to provide direct training for new and expanding business or industry. 38 In the event expenditures are above the appropriation, the appropriation in this section for "Special Schools" shall be 39 appropriately adjusted, if and only if, revenues exceed projections and the Budget and Control Board and the Joint 40 Appropriations Review Committee approve the adjustment. 41 18N.3. (TEC: Training of New & Expanded Industry Carry Forward) In addition to the funds appropriated in this 42 section, any of the funds appropriated under this section for the prior fiscal year which are not expended during that fiscal
SECTION 18N - TECHNICAL & COMPREHENSIVE EDUCATION PAGE 507 1 year may be carried forward and expended for direct training of new and expanding industry in the current fiscal year. 2 18N.4. (TEC: Training for New and Expanded Industry - Payments of Prior Year Expenditures) The State Board for 3 Technical and Comprehensive Education may reimburse business and industry for prior year training costs billed to the 4 agency after fiscal year closing with the concurrence of the Comptroller General. 5 18N.5. (TEC: Special Events Entity) That upon establishment of a new non-profit corporation that formerly functioned 6 as a program component of the State Board for Technical and Comprehensive Education, the accumulated balance of Other 7 Funds revenues net of all liabilities of that component's operations be transferred as appropriate to the new corporation 8 during Fiscal Year 1996-97. Also, ownership of the equipment purchased from the Other Funds revenues will be transferred 9 to the new entity. 10 11 12 H63 - SECTION 19 - DEPARTMENT OF EDUCATION 13 14 19.1. (SDE: Agriculture Teachers) The funds appropriated for "Aid to School Districts - 12 Months Agriculture 15 Teachers" in Section XIII, shall be used to cover the additional cost to school districts of placing all vocational agriculture 16 teachers on twelve-month contracts. 17 19.2. (SDE: Appropriation Transfer Prohibition) The amounts appropriated herein for aid to subdivisions, allocations 18 to school districts, or special line items shall not be transferred and must be expended in accordance with the intent of the 19 appropriation. 20 19.3. (Attendance/Lunch Supervisors) The amounts appropriated in this section for Attendance Supervisors and for 21 County School Lunch Supervisors shall be used for the payment of salaries of one attendance supervisor and one lunch 22 supervisor for each county. In the absence of a County Board of Education or with the approval of the County Board of 23 Education in multi-district counties, the salary will be proportionately distributed among the districts of the county on the 24 basis of the 135 average daily membership of the prior year, provided that such funds must be used for the supervision of 25 the Attendance Program and the supervision of the School Food Service Program respectively. For the current fiscal year 26 the local supplement to salaries of county School Lunch Supervisors and School Attendance Supervisors shall not be reduced 27 below the supplements paid in the prior fiscal year. 28 19.4. (SDE: Child Development Centers) School districts which operate Social Services Block Grant Child 29 Development Centers shall be exempt from Department of Education rules and regulations concerning Child Development 30 Centers during the current fiscal year. 31 19.5. (SDE: County Boards of Educations) In any county with a total population of 225,000 or more made up of more 32 than one school district where the funding for the county board of education is provided through a "minimum foundation 33 fund" which consists of monies remaining after allocations of ad valorem school taxes to each school district, no such funding 34 for the current year may go to the county board of education and instead shall be allocated to the school districts of the 35 county on the prevailing funding formula utilized during the 1993-94 school year for the distribution of minimum foundation 36 funds. 37 19.6. (SDE: Darlington Desegregation Lawsuit) Funds appropriated, pursuant to this act or any other act, to the 38 Department of Education for the purpose of effectuating a settlement of the Darlington Desegregation lawsuit brought against 39 the State of South Carolina or any of its political subdivisions may not be transferred or expended for any purpose other than 40 the lawsuit for which the funds were appropriated. Unexpended funds may be carried forward from the prior fiscal year to 41 be expended for the same purposes in the current fiscal year. 42 19.7. (SDE: Day Care Centers) The State Department of Education shall promulgate regulations and competitive
SECTION 19 - DEPARTMENT OF EDUCATION PAGE 508 1 guidelines to enable any school district in the State to compete for funds to establish day care centers and receive funds from 2 appropriations to day care centers if the district's day care program is approved by the department. The school districts 3 added to the day care center program may initiate their programs beginning with the current school year. 4 Funding, not to exceed those appropriated as Direct Aid to School Districts for Day Care Centers, shall be distributed 5 to those Day Care Programs that have met the Standards as set by the Department of Education in 1983-84. These funds 6 shall be distributed proportionate to the funds received in the prior fiscal year. 7 19.8. (SDE: DHEC - Comprehensive Health Assessment) Of the funds appropriated to the Department of Education- 8 Administration, $94,658 must be transferred to DHEC to provide comprehensive health assessments for children entering 9 first grade in school districts having more than fifty percent of the students qualifying for free and reduced price lunches. 10 All school districts shall participate, to the fullest extent possible, in the Medicaid program by seeking appropriate 11 reimbursement for services and administration of health and social services. Reimbursements to the school districts shall 12 not be used to supplant funds currently being spent on health and social services. DHEC shall coordinate with the State 13 Department of Education and the Department of Health and Human Services in submission of a report to the Senate 14 Education Committee and House Education and Public Works Committee on the effectiveness of health and social programs 15 in identifying and improving children's health status and the need for follow-up and/or additional services. 16 19.9. (SDE: EFA Formula/Base Student Cost Inflation Factor) To the extent possible within available funds, it is the 17 intent of the General Assembly to provide for 100 percent of full implementation of the Education Finance Act to include 18 an inflation factor projected by the Division of Budget and Analyses to match inflation wages of public school employees 19 in the Southeast. The base student cost for FY 1995-96 1996-97 has been determined to be $1,684, $1,760 which includes 20 a 4.0% 4.5% inflation factor. 21 Any unallocated Education Finance Act funds at the end of the current fiscal year must be allocated to the school districts 22 for school building aid on a non-matching basis on the same basis that districts receive Education Finance Act allocations. 23 19.10. (SDE: EFA - Formula) The amount appropriated in Part IA, Section 19 for "Education Finance Act" shall be 24 the maximum paid under the provisions of Act 163 of 1977 (the South Carolina Education Finance Act of 1977) to the 25 aggregate of all recipients. The South Carolina Education Department shall develop formulas to determine the State and 26 required local funding as stipulated in the South Carolina Education Finance Act of 1977. Such formulas shall require the 27 approval of the State Board of Education and the Budget and Control Board. After computing the EFA allocations for all 28 districts, the Department shall determine whether any districts' minimum required local revenue exceeds the districts' total 29 EFA Foundation Program. When such instance is found, the Department shall adjust the index of taxpaying ability to reflect 30 a local effort equal to the cost of the districts' EFA Foundation Program. The districts' weighted pupil units are to be 31 included in determination of the funds needed for implementation of the Education Finance Act statewide. 32 In the event that the formulas as devised by the Department of Education and approved by the State Board of Education 33 and the Budget and Control Board should provide for distribution to the various school districts totaling more than the amount 34 appropriated for such purposes, subject to the provisions of this proviso, the Department of Education shall reduce each 35 school district entitlement by an equal amount per weighted pupil so as to bring the total disbursements into conformity with 36 the total funds appropriated for this purpose. If a reduction is required in the State's contribution, the required local funding 37 shall be reduced by the proportionate share of local funds per weighted pupil unit. The Department of Education shall 38 continually monitor the distribution of funds under the provisions of the Education Finance Act and shall make periodic 39 adjustments to disbursements to insure that the aggregate of such disbursements do not exceed the appropriated funds. 40 Notwithstanding any other provision of law, local districts shall not be mandated or required to inflate the base number 41 in their respective salary schedules by any percentage greater than the percentage by which the appropriated base student 42 cost exceeds the appropriated base student cost of the prior fiscal year.
SECTION 19 - DEPARTMENT OF EDUCATION PAGE 509 1 19.11. (SDE: Employer Contributions/Allocations) It is the intent of the General Assembly that the appropriation 2 contained herein for "Public School Employee Benefits" shall not be utilized to provide employer contributions for any 3 portion of a school district employee's salary which is federally funded. 4 State funds allocated for school district employer contributions must be allocated by the formula and must be used first 5 by each district to cover the cost of fringe benefits for personnel required by the Defined Minimum Program, food service 6 personnel and other personnel required by law. Once a district has expended all state allocated funds for fringe benefits, 7 the district may utilize food service revenues to fund a proportionate share of fringe benefits costs for food service personnel. 8 The Department of Juvenile Justice and the Department of Corrections' school districts must be allocated funds under the 9 fringe benefits program in accordance with criteria established for all school districts. 10 19.12. (SDE: Employer Contributions/Obligations) In order to finalize each school district's allocations of Employer 11 Contributions funds for retiree insurance from the prior fiscal year, the Department of Education is authorized to adjust a 12 school district's allocation in the current fiscal year accordingly to reflect actual payroll and payments to the Retirement 13 System from the prior fiscal year. In the event the Department of Education is notified that an Educational Subdivision has 14 failed to remit proper payments to cover Employee Fringe Benefit obligations, the Department of Education is directed to 15 withhold the Educational Subdivision's state funds until such obligations are met. 16 19.13. (SDE: Fees - Incidental & Matriculation) Notwithstanding any other provision of law, the board of trustees of 17 any school district which does not have the authority by any special act of the General Assembly to charge the cost of 18 educational materials and supplies is authorized to charge a fee to offset the cost of education materials and supplies. The 19 board of trustees of each school district which charges such fees is directed to develop rules and regulations for such fees 20 which take into account the students' ability to pay and to hold the fee to a minimum reasonable amount. Fees may not be 21 charged to students eligible for free lunch and must be pro rata for students eligible for reduced price lunches, if the parents 22 or guardians of these students so request. 23 19.14. (SDE: Governor's School for Science & Math) Any unexpended balance on June 30, of the prior fiscal year of 24 funds appropriated to or generated by the Governor's School for Science and Mathematics may be carried forward and 25 expended in the current fiscal year pursuant to the direction of the Board of Trustees of the School. Of the general fund 26 appropriation to the Governor's School for Science and Mathematics, $30,000 must be used to provide for library and 27 facilities improvements at Coker College that will be of benefit both to the College and the School. 28 19.15. (SDE: Handicapped/Educational Responsibility) Notwithstanding any other provision of law, the responsibility 29 for providing a free and appropriate public education program for all children including handicapped students is vested in 30 the public school district wherein a child of lawful school age resides in a foster home, group home, orphanage, or a state 31 operated health care facility including a facility for treatment of mental illness or chemical dependence located within the 32 jurisdiction of the school district. The districts concerned may agree upon acceptable local cost reimbursement. If no 33 agreement is reached, districts providing education shall receive from the district where the child last resided before 34 placement in a facility an additional amount equivalent to the statewide average of the local base student cost multiplied by 35 the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act. If a child from out-of-state 36 is being resided in a facility owned and/or operated by a for profit entity, the district providing educational services shall 37 be reimbursed by the for profit entity the local district's local support per weighted pupil above the statewide average base 38 student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act. 39 School districts providing the education shall notify the non-resident district in writing within 45 calendar days that a student 40 from the non-resident district is receiving education services pursuant to the provisions of the proviso. The notice shall also 41 contain the student's name, date of birth, and handicapping condition if available. If appropriate financial arrangements 42 cannot be effected between institutions of the state and school districts, institutions receiving educational appropriations shall
SECTION 19 - DEPARTMENT OF EDUCATION PAGE 510 1 pay the local base student cost multiplied by the appropriate pupil weighting. Children residing in institutions of state 2 agencies shall be educated with non-disabled children in the public school districts if appropriate to their educational needs. 3 Such institutions shall determine, on an individual basis, which children residing in the institution might be eligible to receive 4 appropriate educational services in a public school setting. Once these children are identified, the institution shall convene 5 an IEP meeting with officials of the public school district in which the institution is located. If it is determined by the 6 committee that the least restrictive environment in which to implement the child's IEP is a public school setting, then the 7 school district in which the institution is located must provide the educational services. However, that school district may 8 enter into contractual agreements with any other school district having schools located within a 45 mile radius of the 9 institution. The cost for educating such children shall be allocated in the following manner: the school district where the 10 child last resided before being placed in an institution shall pay to the school district providing the educational services an 11 amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting as 12 set forth in Section 59-20-40 of the Education Finance Act; the school district providing the educational services shall be 13 able to count the child for all funding sources, both state and federal. The institution and school district, through contractual 14 agreements, will address the special education and related services to be provided to students. Should the school district 15 wherein the institution is located determine that the child cannot be appropriately served in a public school setting, then the 16 institution may request a due process hearing pursuant to the procedures provided for in the Individuals with Disabilities 17 Education Act. 18 19.16. (SDE: Handicapped/Preschool Children) The State funding for free appropriate public education provided for 19 the three and four year old disabled children served under Act 86 of 1993 shall be distributed based on the district's index 20 of taxpaying ability as defined in Section 59-20-20(3). Five-year-old disabled children shall continue to be funded under the 21 Education Finance Act of 1977. 22 19.17. (SDE: Health Education) Funds previously appropriated to the Department of Education ($100,000) for a mobile 23 health van shall be redirected to the school building fund. 24 19.18. (SDE: Instruction in Juvenile Detention Centers) It shall be the responsibility of the School District where a local 25 Juvenile Detention Center is located to provide adequate teaching staff and to ensure compliance with the educational 26 requirements of this state. Students housed in local detention centers are to be included in the average daily membership 27 count of students for that district and reimbursement by the Department of Education made accordingly. 28 19.19. (SDE: Mandatory Minute of Silence) All schools shall provide for a minute of mandatory silence at the beginning 29 of each school day. 30 19.20. (SDE: Non-Recurring: School-Library Resource Materials) Of the funds appropriated for school library resource 31 materials, $1,000 shall be distributed to each school district with remaining funds distributed on a per pupil basis. 32 19.21. (SDE: Public School Employee Cost Savings Program) The State Department of Education, with resources 33 appropriated in Section 19, shall implement the Public School Employee Cost Savings Program as authorized in Section 59-1- 34 452 for the purpose of making cash awards to individual school district employees for cost savings ideas which are proven 35 to be workable. 36 19.22. (SDE: Revenue Authorization) The State Department of Education is hereby authorized to collect, expend, and 37 carry forward revenues in the following areas to offset the cost of providing such services: the sale of publications, 38 brochures, photo copies, listings and labels, Directory of South Carolina Schools, student health record cards, items to be 39 recycled, and high school diplomas and certificates; the collection of out-of-state and in-state investigation fees, registration 40 fees for non-SDE employees, recurring facility inspection fees, teacher certification fees; the handling of audio-visual film; 41 the provision of contract computer services to school districts and other state agencies, joint broadcast service to school 42 districts, and education-related statistics through agreement with the National Center for Education Statistics; the lease or
SECTION 19 - DEPARTMENT OF EDUCATION PAGE 511 1 sale of programs of television, audio or microcomputer software; the collection of damage fees for instructional materials 2 and the sale of unusable instructional materials; the use of transportation equipment and the sale of used school buses and 3 support equipment. The Department of Education is authorized to collect revenue for deposit into the State General Fund 4 for testing material purchases and test rescoring fees. 5 19.23. (SDE: School District Bank Accounts) Notwithstanding any other provisions of law, each school district in this 6 State, upon the approval of the district's governing body, may maintain its own bank account for the purpose of making 7 disbursement of school district funds as necessary to conduct school district business and each county treasurer is hereby 8 authorized to transfer such amount as needed, upon receipt of a written order certified by the district governing body or their 9 designee. Such order shall contain a statement that such amount is for immediate disbursement for the payment of correct 10 and legal obligation of the school district. 11 19.24. (SDE: School Lunch Program Aid) The amount appropriated herein for School Lunch Program Aid shall be 12 divided among the County Boards of Education of the State upon the basis of the number of schools participating in the 13 School Lunch Program in each county during the prior school year. The travel expenses of the County School Lunch 14 Supervisor shall be paid from this appropriation at the prevailing rate of mileage allowed by the State. These funds may be 15 used as an aid in improving the School Lunch Program. These funds may not be used to supplement the salaries of school 16 lunch supervisors. In the absence of a County Board of Education in multi-district counties, the funds will be divided among 17 the school districts of the county on the basis of the number of schools participating in the School Lunch Program in each 18 district during the prior school year. 19 19.25. (SDE: Teacher Classification/Other Agencies) Employees in teaching positions in schools operated by the 20 Department of Juvenile Justice, the S. C. Department of Corrections and the South Carolina School for the Deaf and the 21 Blind shall be exempt from classification by the Division of Budget and Analyses during the current fiscal year. Employees 22 in teaching positions in schools operated by John De La Howe and Wil Lou Gray Opportunity School, at the discretion of 23 the agency, are exempt from classification by the Office of Human Resources. 24 19.26. (SDE: Teacher of the Year) Any balance on June 30 of the prior fiscal year for the Teacher of the Year Program 25 may be carried forward and expended for the same purpose during the current fiscal year. 26 19.27. (SDE: Teachers/Temporary & Emergency Certificates) Of the funds provided for teacher salaries funds may be 27 used to pay salaries for those teachers holding temporary or emergency certificates which shall remain valid for the current 28 school year if the local board of education so requests. The State Department of Education shall submit to the General 29 Assembly by March 1, of the current fiscal year, a report showing by district the number of emergency certificates by 30 category; including an enumeration of the certificates carried forward from the previous year. No temporary or emergency 31 certificate shall be continued more than twice. 32 19.28. (SDE: Testing/Continuous Assessment) Of the funds appropriated under Section III, Division of Policy, the 33 Department of Education is authorized to use funds currently allocated for testing in grades 1, 2 and 6, for a final year, to 34 pilot-test and field-test a continuous assessment system for Kindergarten through grade 3 and for piloting new items for the 35 state assessment system. The progress in the piloting and field-testing in selected schools or districts of the continuous 36 assessment system Plans for the statewide implementation of a continuous assessment system in Kindergarten through grade 37 three and for the new items for the assessment system must be reported to the Senate Education and House Education 38 Committees no later than March December 1, 1996. 39 Notwithstanding any other provision of law, for the 1995-96 1996-97 school year the basic skills assessment tests will 40 not be administered in grades 1 and 2; and only the Basic Skills science and writing tests will be administered in grade 6; 41 all other Basic Skills tests will continue to be administered in the established grades. 42 19.29. (SDE: Student Performance System) Of the funds appropriated for the Basic Skills Assessment Program, not more
SECTION 19 - DEPARTMENT OF EDUCATION PAGE 512 1 than $250,000 may be used to expand the Twelve Schools Project to include a total of 36 sites and for regional professional 2 development training for other schools based on the Twelve Schools Project. The 36 sites will work with the State 3 Department of Education and the SC Curriculum Congress to develop multi-tiered assessments to be aligned with curriculum 4 frameworks as a basis for a revised student performance system. As part of the revised student performance system, alternate 5 criteria for determining the placement and promotion of students shall be developed and implemented. Schools participating 6 in this project shall be excused from participation in the state mandated testing programs, except for the exit exam, and shall 7 be considered in compliance with the programs provided for in SC Code Sections 59-5-65, 59-18-10, 59-18-11, 59-18-15, 8 59-18-30, and 59-21-800 with no effect on deregulation status. 9 19.30. (SDE: Transportation/Demonstration Sites) The Department of Education may designate the Charleston, Beaufort 10 and/or Jasper County School Districts as demonstration sites for privatization of student transportation services and for the 11 coordination of community based public transportation services. Funding for these pilot sites shall not exceed that presently 12 utilized to support school transportation in the site(s). Appropriated funds for school bus maintenance, gas, drivers and 13 fringe benefits are to be used for this project. 14 19.31. (SDE: Travel/Outside of Continental U.S.) School District allocations from General Funds and EIA funds shall 15 not be used for travel outside of the continental United States. 16 19.32. (SDE: Year End Closeout) The State Department of Education is authorized to expend Federal and Earmarked 17 Funds (not including State or EIA Funds) in the current fiscal year for expenditures incurred in the prior year. The 18 Department is also authorized to use appropriated funds to pay for textbooks shipped in the fourth quarter of the prior fiscal 19 year. 20 19.33. (SDE: Technology Initiative) DELETED 21 19.34. (SDE: Transportation Collaboration) DELETED 22 19.35. (SDE: Greenville Joint Use Transportation Facility Study) The Department of Education, in consultation with the 23 Budget and Control Board and the Department of Transportation is directed to proceed with a study to determine the 24 feasibility of operating a joint-use maintenance and operations facility in Greenville County. The study should address, but 25 not be limited to, the market value of the property known as the Greenville School Bus Maintenance Shop, the cost of the 26 new facility, the cost of preparing the old facility for disposal and all other associated relocation expenses. Service needs 27 of the Greenville School District Bus Operations, SDE School Bus Maintenance, the Division of General Service/Motor 28 Vehicle Management Office, and the Department of Transportation should also be addressed. The findings of the study shall 29 be provided to the Budget and Control Board - Division of Operations for review and inclusion in their study of the most 30 efficient means of providing school transportation services. 31 19.36. (SDE: School District Private Contracting Solicitation) DELETED 32 19.37. (SDE: Study on Benefits of 5 Year Old Kindergarten) DELETED 33 19.38. (SDE: Kindergarten - Extended Day) Funds appropriated for the extended day portion of the five-year-old 34 kindergarten program shall be allocated at the EFA weight for half-day kindergarten students. Funding to local districts for 35 the extended-day portion of the kindergarten program shall be based on the number of students served but not to exceed the 36 percentage of the district's first grade students eligible for the federal free and reduced lunch program applied to the 37 kindergarten average daily membership. No local match is required for the extended-day portion of the funding. Local board 38 of trustees shall establish policies regarding priority of service in the extended-day program. However, unobligated funds 39 which become available during the fiscal year will be redistributed to fund additional eligible children served in the program 40 on a prorated basis. 41 19.39. (SDE: Bus Driver's Salaries) With funds appropriated herein, the State Department of Education shall maintain 42 a school bus driver minimum pay scale. The pay scale shall establish pay increments for years of school bus driving
SECTION 19 - DEPARTMENT OF EDUCATION PAGE 513 1 experience. School district are required to spend school bus driver allocations according to the school bus driver pay scale. 2 For purposes of the pay scale a year's experience for a bus driver shall be defined as driving a school bus for a school 3 district for at least 135 days during a singe State fiscal year. 4 5 6 H63 - SECTION 19A - DEPARTMENT OF EDUCATION - EIA 7 8 19A.1. (SDE-EIA: X-Dyscalculia Guidelines) The State Department of Education is directed to develop guidelines for 9 allowing students with dyscalculia and other learning disabilities in mathematics to use calculators in the math portion of the 10 exit examination to be in effect in time for the Summer 1995 administration of the exam. Of the funds appropriated under 11 III. Division of Policy, Other Operating Expenses, no more than $1,000 may be used for this purpose. 12 19A.2. (SDE-EIA: Local Financial Support) There shall be no required local match for Education Improvement Act funds 13 appropriated in Part IA, Section 19X. This shall not impact or alter the requirements of 59-21-1030, level of financial effort 14 per pupil required of each school district; application for waiver. The inflationary increase required for local financial effort 15 as defined in Section 59-21-1030 for FY 1996-97 is 3.5%. 16 19A.3. (SDE-EIA: Prohibition on Appropriation Transfers) The amounts appropriated herein for aid to subdivisions or 17 allocations to school districts shall not be transferred or reduced and must be expended in accordance with the intent of the 18 appropriation. 19 19A.4. (SDE-EIA: Revenue Shortfall) A minimum of one-half of one percent of the total estimated EIA revenue must 20 be appropriated for School Building Aid. In the event that an official EIA revenue shortfall is declared, the appropriation 21 for EIA School Building Aid shall be reduced by the amount necessary to offset the shortfall. Should EIA School Building 22 Aid not be sufficient, each remaining EIA program shall be reduced on a pro rata basis as necessary to compensate for the 23 total revenue shortfall. Funds appropriated for EIA teacher salaries and related fringe benefits in Part IA, Section 19X.C.1. 24 are exempt from such reduction. 25 19A.5. (SDE-EIA: X-School Building Aid) All funds appropriated to the Department of Education for the support and/or 26 administration of an EIA program, initiative, or project eliminated or no longer active shall be transferred to the school 27 building fund for allocation to the local school districts. 28 19A.6. (SDE-EIA: XA-Adult Education/Literacy) From the EIA funds provided in Part IA, Section 19X.A. for adult 29 education, $150,000 must be used to provide for ten pilot projects for rural literacy development. In addition, each county 30 shall receive $50,000 for use by the school districts for adult literacy for service delivery to adult-nonreaders and those 31 reading at or below the eighth grade level. The school districts may provide this service or may contract to have this service 32 provided. In multi-district counties, the districts must agree on the method of service delivery for the entire county and select 33 one district to serve as the fiscal agent. 34 19A.7. (SDE-EIA: XA-Advanced Placement) Of the funds appropriated in Part IA, Section 19X.A. for Advanced 35 Placement, no more than $500,000 must be made available on a flat rate per class basis to schools offering "singleton" 36 Advanced Placement classes with a student/teacher ratio equal to or less than ten to one. The State Board of Education shall 37 develop guidelines for the distribution of these "singleton" funds. The remaining AP funds must be distributed to the school 38 districts of the state based upon the 135 day count of AP students served. AP funds may be used to defray the testing costs 39 of the International Baccalaureate Program which are incurred by school districts at the same per-test reimbursement rate 40 provided for Advanced Placement examinations. 41 19A.8. (SDE-EIA: XA-Distribution) The money appropriated in Part IA, Section 19X. Education Improvement Program, 42 A. Raise Academic Standards-Credits HS Diploma shall be distributed to the school districts of the state based upon the 135
SECTION 19A - DEPARTMENT OF EDUCATION - EIA PAGE 514 1 day count of Average Daily Membership. 2 19A.9. (SDE-EIA: XA-Gifted & Talented) Notwithstanding the provisions for Section 59-29-170, ten percent (10%) of 3 the total state dollars appropriated annually for gifted and talented programs shall be set aside for serving artistically gifted 4 and talented students in grades 3-12. The State Department of Education shall allocate to districts a proportionate share of 5 the ten percent (10%) based on the preceding year's total average daily membership in grades 3-12. School districts shall 6 service students identified as artistically gifted and talented in one or more of the following visual and performing arts areas: 7 dance, drama, music and visual arts areas. Districts may utilize their proportionate share of the ten percent (10%) for the 8 purpose of contracting with other entities to provide services to students identified as artistically gifted and talented if 9 personnel or facilities are not available in the school district for that service. The remaining ninety percent (90%) of the 10 state dollars appropriated for gifted and talented programs shall be expended in accordance with Section 59-29-170. Each 11 district receiving funds for the gifted and talented program shall include an accelerated component as a part of its 12 academically gifted and talented program. EIA-Gifted and Talented funds may be carried forward and expended for the same 13 purpose in summer programs. 14 19A.10. (SDE-EIA: XA-Gifted & Talented/CHE 8th Grade Advisement) Of the funds appropriated in Part IA, Section 15 19.X.A. Gifted and Talented, $402,250 shall be used by the Commission on Higher Education to be expended on the eighth 16 grade advisement program. The Commission on Higher Education must provide a report on the effectiveness of the 17 advisement program to the Select Committee by October 1. 18 19A.11. (SDE-EIA: XA-Gifted & Talented/Governor's School for Arts) Of the funds appropriated in Part IA, Section 19 19X.A. for Gifted and Talented Program, $135,000 must be provided to the Governor's School for the Arts for training 20 teachers, administrators and supervisory personnel to work effectively in the identification, program development and 21 evaluation of artistically talented students and for the Outreach Program. The Governor's School for the Arts shall report 22 to the Select Committee on the effectiveness of the training and Outreach programs annually by October 1. 23 19A.12. (SDE-EIA: XA-Gifted & Talented/Jr. Academy of Science) Of the funds appropriated in Part IA, Section 24 19X.A. Gifted & Talented, $5,000 must be provided to the Junior Academy of Science. The Department of Education must 25 provide a report on the effectiveness of the Academy to the EIA Select Committee by October 1. 26 19A.13. (SDE-EIA: XA-Handicapped Student Services) The money appropriated in Part IA, Section 19X.A. for 27 Handicapped Student Services shall be used only for educational services for trainable mentally handicapped pupils and 28 profoundly mentally handicapped pupils. 29 19A.14. (SDE-EIA: XA-Junior Scholars) The State Board of Education, through the Department of Education, must 30 provide a report on the effectiveness of the Junior Scholars programs as appropriated in Part IA, Section 19X.A. to the EIA 31 Select Committee by October 1. 32 19A.15. (SDE-EIA: XA-Vocational Equipment/Wil Lou Gray) Of the funds appropriated in Part IA, Section 19X.A. 33 Modernize Vocational Equipment, $60,000 shall be transferred to the Wil Lou Gray Opportunity School to support its 34 vocational education component. 35 19A.16. (SDE-EIA: XB-Academic Assistance/Carry Forward) Any unexpended balance from the prior fiscal year in 36 the EIA appropriations in Part IA, Section 19X.B. for Academic Assistance may be carried forward to the current fiscal year 37 by school districts to be expended to operate summer programs in accordance with their Academic Assistance long range 38 plans. 39 19A.17. (SDE-EIA: XB-Academic Assistance/Curriculum Development) Funds appropriated in Part IA, Section 19X.B. 40 for Basic Skills Act 135 of 1993 Other Operating must be used by the Department of Education to provide schools and school 41 districts with technical assistance on curriculum development, including implementing the Curriculum Frameworks, and 42 instructional improvement in keeping with the intent of Act 135 of 1993 (59-139-05 and 59-139-10 of the SC Code of Laws)
SECTION 19A - DEPARTMENT OF EDUCATION - EIA PAGE 515 1 as provided in regulations promulgated by the State Board of Education. 2 19A.18. (SDE-EIA: XB-Academic Assistance/Early Child Development) A portion of the funds appropriated in Part 3 IA, Section 19X.B. for Academic Assistance 4-12 may be used to support components for the K-3 academic assistance if 4 such change promotes better coordination of state and federal funds provided for programs for these students. Districts 5 requesting this waiver from the State Board of Education must demonstrate how the use of these funds is in keeping with 6 their long range plan and how the needs of the students in grades 4-12 will be met. 7 19A.19. (SDE-EIA: XB-Academic Assistance/Formula Funding & Distribution) Notwithstanding any other provision 8 of law, the total funding in Part IA, Section 19X.B. for the 4-12 Academic Assistance component of Act 135 of 1993 shall 9 be based on a derived free and reduced lunch eligibility count for grades 4-12 obtained by applying the state percentage of 10 K-3 students eligible for free and reduced lunch to the 4-12 average daily membership; and funding for individual districts 11 shall be based on two equally weighted factors; the district's derived lunch percentage for grades 4-12 and its four year 12 average for the number of 4-12 students "not meeting" standard on the state's testing programs for the years 1990-1993. 13 19A.20. (SDE-EIA: XB-Academic Assistance/Reading Recovery) Of the EIA funds appropriated herein for the 14 Academic Assistance Act 135, $600,000 shall be used for the Reading Recovery programs throughout the State. Specific 15 funding of these programs will be phased out by Fiscal Year 1996-97. The State Department of Education shall report to 16 the EIA Select Committee on the allocation and expenditure of these funds by October 1. 17 19A.21. (SDE-EIA: XB-Academic Assistance/Remedial Adult Education) Of funds appropriated in Part IA, Section 18 19X.B. for Academic Assistance an amount not to exceed $1,000,000 must be used for adult education students scoring 19 below the BSAP standard on any portion of the exit examination at a weight of .114 of the base student cost as defined in 20 the Education Finance Act. 21 19A.22. (SDE-EIA: XB-Academic Assistance/Remedial Writing Teachers) Of funds appropriated for Education 22 Improvement Act Programs, Academic Assistance, $312,000 must be provided to the Writing Improvement Network of the 23 University of South Carolina to support staff development for teachers of remedial writing. The South Carolina Educational 24 Policy Center must report to the EIA Select Committee on the activities and effectiveness of the program no later than April 25 15 of the current fiscal year. 26 19A.23. (SDE-EIA: XB - Half Day Program for Four-Year-Olds) Funds appropriated in Part IA, Section 19X.B. for 27 half-day programs for four-year-olds shall be based on the previous three years' average for students tested as "not ready" 28 on the CSAB, however, no district shall receive less than 75 90 percent of the amount it received in the prior fiscal year. 29 Districts previously funded through General Fund Day Care shall receive funding from Part IA, Section 19X.B. for half-day 30 programs for four-year-olds at no less than 90 percent of the amount received in the prior fiscal year. 31 19A.24. (SDE-EIA: XC-Black History) Funds provided for the development of the Black History curricula may be 32 carried forward into the current fiscal year to be expended for the same purpose. 33 19A.25. (SDE-EIA: XC-Critical Teacher Needs) Funds appropriated for EIA-Critical Teacher needs must be used for 34 courses which support instructional techniques and strategies in keeping with the intent of Act 135 of 1993, the Middle 35 Schools Project, the Preparation for Technologies Program, Curriculum Frameworks, or need established in the school and 36 district long range plans. These funds may be used for courses which support the education of students with disabilities or 37 special needs in the regular classroom. School districts may require and collect a deposit from teachers enrolling in critical 38 teaching needs courses. Upon completion of the course any deposit collected shall be returned to the teacher having made 39 the deposit. 40 19A.26. (SDE-EIA: XC-Critical Teaching Needs/Roper Mountain) Of the funds appropriated in Part IA, Section 19 41 X.C. for Critical Teaching Needs, $200,000 shall be disbursed to the Roper Mountain Science Center for summer workshops 42 for public school science teachers and $25,000 shall be disbursed to the Challenger Learning Center. Funds disbursed to
SECTION 19A - DEPARTMENT OF EDUCATION - EIA PAGE 516 1 the Roper Mountain Science Center and the Challenger Learning Center may be carried forward. 2 19A.27. (SDE-EIA: XC-Professional Development/Parenting & Act 135) Funds appropriated in Part IA, Section 19X.C. 3 for Professional Development shall be distributed to the school districts of the state based upon the 135 day count of Average 4 Daily Membership, except that $100,000 must be used for competitive grants to districts for training and technical assistance 5 in implementing parenting/family literacy programs as directed in Act 135 of 1993, (59-1-450 of the SC Code of Laws) with 6 first priority of funding given to those districts implementing the program as outlined in the Parenting/Family Literacy 7 Guidelines. Of the remaining funds appropriated for Professional Development, $500,000 shall be distributed to the districts 8 for planning and training related to implementation of Act 135 of 1993, in accord with criteria developed by the State Board 9 of Education, through the Department of Education in consultation with the EIA Select Committee. 10 19A.28. (SDE-EIA: XC-Salary-Special) Funds appropriated under X.C.1. EIA Salary-Special will be disbursed to school 11 districts utilizing the EFA formula. There shall be no inflationary increase required for local financial effort as defined in 12 Section 59-21-1039 for FY 95-96. These special funds can be accounted for using the same procedure as teacher salary 13 supplement funds. 14 19A.29. (SDE/EIA: XC-School Technology) Funds appropriated in Part IA, Section 19 X.C. for school technology shall 15 be distributed to each school district based on a ratio of district free and reduced lunches for first through third grades to 16 the state total free and reduced lunches for first through third grades. 17 19A.30. (SDE-EIA: XC-Teacher Evaluations, XH-Implementation/EIA Select) The State Department of Education, with 18 the cooperation of the school districts and teacher education institutions, must, subject to the approval of the State Board of 19 Education, revise the system for assisting, developing, and evaluating student provisional, annual and continuing contract 20 teachers. The Department of Education is authorized to expend funds provided in Part IA, Section 19 X.C. for the Teacher 21 Evaluation System toward the revision of the evaluation system. The Department of Education shall provide a report on its 22 progress in revising the system, to include recommendations to date and a state and local fiscal impact statement, to the EIA 23 Select Committee by September 30 of the current year. 24 19A.31. (SDE-EIA: XC-Teacher Salaries/SE Average) The projected Southeastern average teacher salary shall be the 25 average of the average teachers salaries of the southeastern states as projected by the Division of Budget and Analyses. For 26 the current school year the projected Southeastern average teacher salary is projected to be $31,749. $32,668. It is the intent 27 of the General Assembly to fully fund the Southeastern average teacher salary as projected. 28 Funds appropriated in Part IA, Section 19X.C. for Teacher Salaries must be used to increase salaries of those teachers 29 eligible pursuant to 59-20-50 (b), to include classroom teachers, librarians, guidance counselors, psychologists, social 30 workers, occupational and physical therapists, school nurses, orientation/mobility instructors and audiologists in the school 31 districts of the state. 32 19A.32. (SDE-EIA: XC-Teacher Salaries/State Agencies) Each state agency which does not contain a school district 33 but has instructional personnel shall receive an allocation from the line item " Alloc. EIA - TEACHER/OTHER PAY" in 34 Part IA, Section 19 X.K. for teachers salaries based on the following formula: Each state agency shall receive such funds 35 as are necessary to adjust the pay of all instructional personnel to the appropriate salary provided by the salary schedules 36 of the school district in which the agency is located. Instructional personnel may include all positions which would be 37 eligible for EIA supplements in a public school district, and may at the discretion of the state agency, be defined to cover 38 curriculum development specialists, educational testing psychologists, psychological and guidance counselors, and principals. 39 The funds appropriated herein in the line item " Alloc.EIA - Teacher/Other Pay" must be distributed to the agencies by 40 the Budget and Control Board. 41 19A.33. (SDE-EIA: XC-Tech Prep) Of the funds appropriated in Part IA, Section 19 X.C. for the Tech Prep Program, 42 $75,000 shall be used by the State Department of Education, through the Tech Prep Consortia, to provide for professional
SECTION 19A - DEPARTMENT OF EDUCATION - EIA PAGE 517 1 development in applied techniques and integration of curriculum, and professional development in career guidance for 2 teachers and guidance counselors and training mentors. In addition, $500,000 shall be allocated for Career Counseling 3 Specialists in the Tech Prep Consortia. Of the funds appropriated in the prior fiscal year, unexpended funds may be carried 4 forward to the current fiscal year and expended for the same purposes. 5 19A.34. (SDE-EIA: XD-Principal Salary Supplements) Funds appropriated in Part IA, Section 19 X.D. for salary 6 supplements for principals and accompanying employer contributions must be distributed to school districts based on average 7 daily membership (ADM). Each school district shall distribute the funds as salary supplements in addition to existing 8 compensation equally among principals and assistant principals employed by the district. 9 19A.35. (SDE-EIA: XE-School Incentive Grants) Funds appropriated for EIA School Incentive Grants in the previous 10 fiscal year may be carried forward and expended during the current fiscal year by the school districts that earned School 11 Incentive Awards during the prior fiscal year. 12 19A.36. (SDE-EIA: XF-School Building Aid) Funds appropriated in Part IA, Section 19.X.F. School Building Aid shall 13 be transferred to a special trust fund established by the Comptroller General. Funds appropriated shall be distributed to the 14 school districts of the State for use in accordance with Section 59-21-350 of the Code of Laws of 1976. 15 19A.37. (SDE-EIA: XF-School Building Aid Allocation) Funds appropriated in Part IA, Section 19 X.F. for School 16 Building Aid shall be allocated to eligible school districts on a per pupil basis, with the amount allocated per pupil for grades 17 1 through 12 being twice that of the kindergarten per pupil allocation. The allocation must be based on the 135 day count 18 of average daily membership for the second preceding fiscal year. 19 19A.38. (SDE-EIA: XG-Impaired School Districts) Funds appropriated in Part IA, Section 19 X.G. for Impaired School 20 Districts, shall be used to provide grants to assist school districts in correcting education deficiencies as identified through 21 the application of criteria adopted by the State Board of Education for evaluating the quality of education in school districts. 22 First priority for this funding shall be an allocation of funds to those school districts whose education deficiencies led to the 23 designation of "In Greatest Need of Technical Assistance". Provided that the needs of such designated school districts have 24 been met, any remaining or unallocated current year funds may be used to assist other school districts whose education 25 deficiencies led to the lesser designation of "In Need of Technical Assistance". In all cases, no portion of the allocated funds 26 may be used by the school district for administration purposes. Funds appropriated for Impaired School Districts/In Need 27 of Technical Assistance and allocated to the school districts in the prior fiscal year may be retained and expended by the 28 school districts for the same purpose during the current year. 29 19A.39. (SDE-EIA: XH-Evaluation/EIA Programs) Of the funds appropriated in Part IA, Section 19 X.H. for EIA 30 Implementation, Other Operating Expenses, $349,124 may only be used by the State Department of Education to support 31 its contracted program evaluations and the conduct of the State Board of Education's annual assessment of EIA-funded 32 education reforms and the related report, pursuant to Section 59-6-12. The remaining $250,000 appropriated in Part IA, 33 Section 19X.H. for EIA Implementation, Other Operating Expenses shall be used by the EIA Select Committee to support 34 the continuation of program and policy evaluations and studies and to support the state's participation in the Middle Grades 35 Project, Professional Development Schools for prospective teachers and the Charleston MARE Program for $7,352. 36 19A.40. (SDE-EIA: XK-Business Ed Partnership) Funds appropriated in Part IA, Section 19X.K. to the Business- 37 Education Partnership shall only be used for contracting for staff support and other expenses directly related to its operation 38 set forth by the Statute. 39 19A.41. (SDE-EIA: XK-CHE/Teacher Recruitment) Of the funds appropriated in Part IA, Section 19X.K. for the 40 Teacher Recruitment Program, the S. C. Commission on Higher Education shall distribute a total of $917,736 to the S.C. 41 Center for Teacher Recruitment for a state teacher recruitment program, of which $200,000 must be used for specific 42 programs to recruit minority teachers, and shall distribute $206,000 to Benedict College and $236,000 to S.C. State
SECTION 19A - DEPARTMENT OF EDUCATION - EIA PAGE 518 1 University to be used only for the operation of a minority teacher recruitment program and therefore shall not be used for 2 the operation of their established general education programs. The S.C. Commission on Higher Education shall ensure that 3 all funds are used to promote teacher recruitment on a statewide basis, shall ensure the continued coordination of efforts 4 among the three teacher recruitment projects, shall review the use of funds and shall have prior program and budget 5 approval. Annually, the Commission on Higher Education shall evaluate the effectiveness of each of the teacher recruitment 6 projects and shall report its findings and its program and budget recommendations to the House and Senate Education 7 Committees and the Education Improvement Act Select Committee by December 1. 8 19A.42. (SDE-EIA: XK-DAODAS/DARE) Of the funds appropriated in Part IA, Section 19 X.K. Other State Agencies 9 and Entities for the Department of Alcohol and Other Drug Abuse Services, $150,000 must be transferred to the State Law 10 Enforcement Division for the operation of Drug Abuse Resistance Education (DARE) program and for the training of DARE 11 officers in the fifth grade classes of public schools in the state, and $25,000 shall be used by the Department of Alcohol and 12 Other Drug Abuse Services to provide matching funds for local governments and school districts for the DARE program. 13 A report on the effectiveness of the DARE program must be provided by the Department of Alcohol and Other Drug Abuse 14 Services to the EIA Select Committee by October 1. 15 19A.43. (SDE-EIA: XK-Disbursements/Other Entities) Notwithstanding the provisions of Sections 2-7-66 and 11-3-50, 16 S.C. Code of Laws, it is the intent of the General Assembly that funds appropriated in Part IA, Section 19 X.K. Other State 17 Agencies and Entities shall be disbursed on a quarterly basis by the Department of Revenue and Taxation directly to the state 18 agencies and entities referenced except for the Teacher Loan Program, Centers of Excellence, the EIA Select Committee, 19 and the Joint Business-Education Subcommittee, and School Technology, which shall receive their full appropriation at the 20 start of the fiscal year from available revenue. The Comptroller General's Office is authorized to make necessary 21 appropriation reductions in Part IA, Section 19 X.K. to prevent duplicate appropriations. If the Education Improvement Act 22 appropriations in the agency and entity respective sections of the General Appropriations Act at the start of the fiscal year 23 do not agree with the appropriations in Part IA, Section 19 X.K. Other State Agencies and Entities, the "other funds" 24 appropriations in the respective agency and entity sections of the General Appropriations Act will be adjusted by the 25 Comptroller General's Office to conform to the appropriations in Part IA, Section 19 X.K. Other State Agencies and Entities. 26 19A.44. (SDE-EIA: XK-Status Offenders/John De La Howe) The funds appropriated in Part IA, Section 19 X.K. for 27 the Status Offender Program shall be distributed to John De La Howe School to expand residential programs to include 28 court ordered status offenders. Components of such a program shall include collaboration between the home school district 29 and the residential school and treatment or related services to the families of students in placement. 30 19A.45. (SDE-EIA: XK-Student Loan Pgm/Paul Douglas Scholarship) Of the funds appropriated in Part IA, Section 31 19 X.K. for the Student Loan Program, an amount not to exceed $44,000 shall be authorized to pay administrative costs 32 associated with the Paul Douglas Scholarship Program. 33 19A.46. (SDE-EIA: XK-Student Loan Pgm/Teaching Loans & Governor Scholarships) Of the EIA funds provided in 34 Part IA, Section 19X.K. for the Student Loan Program used to implement sufficient funding shall be made available under 35 the Governor's Teaching Scholarship Program for renewal loans only. Students receiving these scholarships are eligible for 36 the accelerated payback method provided for in Section 59-26-20(k). Any funds in the Governor's Teaching Scholarship 37 program which are not committed as of July 1 of the current fiscal year may be used to fund student loans provided for in 38 Section 59-26-20(k). From these funds, priority shall be given to fund up to $5,000 for qualified minority students from 39 each school district or $5,000 times the number of districts in each consortium of school districts for districts which 40 participate in a consortium. 41 19A.47. (SDE-EIA: XL-Arts in Education) Funds appropriated in Part IA, Section 19X.L. Arts Curricula shall be used 42 to assist districts that have not received funding for arts education during the four year pilot program; to sustain arts
SECTION 19A - DEPARTMENT OF EDUCATION - EIA PAGE 519 1 education initiatives that began during the final year of the pilot program; and to support arts education curriculum in the 2 visual and performing arts which incorporates strengths from the Arts in Education pilot sites. 3 19A.48. (SDE-EIA: XL-Continuous Improvement/Innovation) Funds appropriated in Part IA, Section 19 X.L. for 4 Continuous Improvement/Innovation and allocated to the school districts for innovative initiatives in the prior fiscal year may 5 be retained and expended by the school districts for the same purpose during the current fiscal year. 6 19A.49. (SDE-EIA: XN-Parent Education) Funds appropriated in Part IA, Section 19X.N. shall be used to fund those 7 sites continuing to operate as Parent Education technical assistance sites in FY 1995-96 1996-97 at a level not less than 8 eighty-five percent of the amount received in the prior year or according to the Parenting/Family Literacy funding allocations 9 as established in Act 135, which ever is greater. 10 19A.50. (SDE-EIA: XN-Parenting/Family Literacy) Funds appropriated in Part IA, Section 19 X.N. for the 11 Parenting/Family Literacy Programs and allocated to the school districts for parenting projects in the prior fiscal year may 12 be retained and expended by the school districts for the same purpose during the current fiscal year. 13 19A.51. (SDE-EIA: XN-Parenting/Family Literacy/Child Abuse Awareness & Accelerated Schools) Of the funds 14 appropriated in Part IA, Section 19 X.N. for the Parenting/Family Literacy, $200,000 must be used for the Child Abuse 15 Awareness and Prevention Project at Winthrop University and $125,000 must be used for the Accelerated Schools Project 16 at the College of Charleston. 17 19A.52. (SDE-EIA: XN-Parenting/Family Literacy/Cities-In-Schools) Notwithstanding any other provision of law, the 18 State Department of Education shall transfer $200,000 from the funds appropriated in Part IA, Section 19X.N. 19 Parenting/Family Literacy to Cities-In-Schools. These funds are to be utilized to provide technical assistance to local 20 communities in establishing Cities-In-Schools programs statewide. Cities-In-Schools will provide annual reports to the State 21 Department of Education which will include: budget expenditure data, a listing of the communities served and the services 22 provided. 23 19A.53. (SDE-EIA: XO-Problem Solving Skills) It is not the intent of the General Assembly that the instruction in 24 higher order thinking skills promote New Age religion or any other religion, faith, or belief. 25 19A.54. (SDE-EIA: Expelled/Suspended Student Funding) DELETED 26 19A.55. (SDE-EIA: Local School Innovation Fund) The funds provided for the Local School Innovation Fund shall be 27 distributed to the school districts on a fifty percent average daily membership and fifty percent EFA basis and shall be 28 expended by the individual school in accordance with the school's long-range school improvement plan pursuant to Act 135 29 of 1993. Funds shall be accounted for in accordance with the EIA program or strategy the funds support and each school 30 district shall submit a consolidated report to the EIA Select Committee on the specific use of these funds by December 1 31 following the end of the prior fiscal year. Should sufficient funding not be provided for Adult Education, Advanced 32 Placement, Junior Scholars and Teachers High School Credits, Innovation Funds must first be used to support these 33 programs. 34 19A.56. (SDE-EIA: XE-School Incentive Grants) DELETED 35 19A.57. (SDE-EIA: Autistic Children Pilot Project) DELETED 36 19A.58. (SDE-EIA: XK-SC Business Education Council) The Business-Education Council will serve as a vital link among 37 the business and education communities to address education issues related to accountability for academic performance and 38 coordination issues between K-12 and higher education. Members of the Council will be the seven members of the executive 39 committee of the Business-Education Partnership and the members of the EIA Select Committee. The chair of the Business- 40 Education Partnership will serve as chairman of the Council. The chair of the Business-Education Partnership, or his 41 designee, and one other member of the Partnership, appointed by the chair, will be added to the membership of the EIA 42 Select Committee.
PAGE 520 1 H67 - SECTION 20 - EDUCATIONAL TELEVISION COMMISSION 2 3 20.1. (ETV: Grants/Contributions Carry Forward) The Educational Television Commission shall be permitted to carry 4 forward any funds derived from grant awards or designated contributions and any state funds necessary to match such funds, 5 provided that these funds be expended for the programs which they were originally designated. 6 20.2. (ETV: School Reception Equipment Purchase) Of the funds appropriated to ETV for transmission and reception 7 equipment, $182,933 must be used exclusively to purchase school reception equipment. 8 20.3. (ETV: New Facility Equipment Purchases & Renovations) Notwithstanding any other provisions of law, the 9 Commission, with approval by the Budget and Control Board, is allowed to sell or lease its facilities, equipment, programs, 10 publications, and other program related materials, and funds received therefrom may be used for equipment purchases and 11 renovations of the new facility. 12 20.4. (ETV: Adjacent Property Construction/Renovation) The funds authorized for the Educational Television 13 Commission in sub-subitem (b) of subitem (15), Section 1, of Act 638 of 1988, may also be used for the construction and 14 renovation of properties adjacent to the state owned State-Record property. These funds must not be spent on facilities 15 located on the adjacent properties until they are owned by the Education Television Endowment of South Carolina and until 16 the State has an option to acquire these properties from the Endowment for $1.00. 17 20.5. (ETV: Digital Satellite) The state's digital satellite video transmission system will support public and higher 18 education, enhance the statewide delivery of health care services, improve public service, and assist state agencies with 19 statewide personnel training. To facilitate the achievement of these objectives, there is created a Video Resources Oversight 20 Council composed of representatives of the South Carolina Educational Television Commission, the State Department of 21 Education, the Commission on Higher Education, the Human Services Coordinating Council, and the Budget and Control 22 Board's Division of Budget and Analyses, Office of Information Technology Policy and Management. 23 20.6. (ETV: Funding Shift for Regional TV Stations) DELETED 24 25 26 H71 - SECTION 21 - WIL LOU GRAY OPPORTUNITY SCHOOL 27 28 21.1. (WLG: Truants) The Opportunity School will incorporate into its program services for students, ages 15 and over, 29 who are deemed truant; and will cooperate with the Department of Juvenile Justice, the Family Courts, and School districts 30 to encourage the removal of truant students to the Opportunity School when such students can be served appropriately by 31 the Opportunity School's program. 32 21.2. (WLG: Opportunity School Holiday) The Opportunity School may reschedule holidays observed by other State 33 employees during the academic year and require its employees to take the holiday periods designated in the school calendar. 34 All days taken during these holiday periods not covered by a legal holiday must be charged to leave with or without pay. 35 The use of leave during such holiday periods will not be included in calculation of daily rate compensation. 36 21.3. (WLG: GED Test) Students attending school at the Wil Lou Gray Opportunity School that are 16 years of age 37 and are unable to remain enrolled due to the necessity of immediate employment or enrollment in post secondary education 38 may be eligible to take the General Education Development (GED) Test. Prior to taking the GED the student must be 39 pretested using the official General Education Development Practice Test and score a minimum of 220. 40 21.4. (WLG: Deferred Salaries Carry Forward) Wil Lou Gray is authorized to carry forward into the current fiscal year 41 the amount of the deferred salaries and employer contributions earned in the prior fiscal year for non-twelve month employees 42 in order to compensate the non-twelve month employees over twelve months. These deferred funds are not to be included
SECTION 21 - WIL LOU GRAY OPPORTUNITY SCHOOL PAGE 521 1 or part of any other authorized carry forward amount. 2 3 4 H73 - SECTION 22 - VOCATIONAL REHABILITATION 5 6 22.1. (VR: Production Contracts Revenue) All revenues derived from production contracts earned by the handicapped 7 trainees of the Evaluation and Training Facilities (Workshops) may be retained by the State Agency of Vocational 8 Rehabilitation and used in the facilities for Client Wages and any other production costs; and further, any excess funds 9 derived from these production contracts be used for other operating expenses and/or permanent improvements of these 10 facilities. 11 22.2. (VR: Reallotment Funds) To maximize utilization of federal funding and prevent the loss of such funding to other 12 states in the Basic Service Program, the State Agency of Vocational Rehabilitation be allowed to budget reallotment and other 13 funds received in excess of original projections in following State fiscal years. 14 22.3. (VR: Basic Support Program Reconciliation) The General Assembly hereby directs the Department of Vocational 15 Rehabilitation to complete a reconciliation of the cost to operate the Basic Support program related to the combination of 16 State and Federal funds available following the close of each Federal fiscal year. Such reconciliation shall begin with the 17 Federal fiscal year ending September 30, 1989. Federal funds participation for that period shall be applied at the maximum 18 allowable percentage and the level of those funds on hand which have resulted from the overparticipation of State funds shall 19 be remitted to the General Fund within 120 days following the close of the Federal fiscal year. This reconciliation and 20 subsequent remission to the General Fund shall be reviewed by the State Auditor to ensure that appropriate Federal/State 21 percentages are applied. It is the intent of the General Assembly that Federal/State percentages budgeted and appropriated 22 shall in no way be construed as authorization for the Department to retain the Federal funds involved. 23 22.4. (VR: User/Service Fees) Any revenues generated from user fees or service fees charged to the general public 24 or other parties ineligible for the Department's services may be retained to offset costs associated with the related activities 25 so as to not affect the level of service for regular agency clients. 26 22.5. (VR: Meal Ticket Revenue) All revenues generated from sale of meal tickets may be retained by the agency and 27 expended for supplies to operate the agency's food service programs or cafeteria. 28 29 30 H75 - SECTION 23 - SCHOOL FOR THE DEAF AND THE BLIND 31 32 23.1. (SDB: Physician Services) The School for the Deaf and the Blind is authorized to contract for the services of a 33 physician and to provide office space for the physician to be used to treat both students of the school and private patients; 34 the School shall charge the physician a fair market rental value for the office space. 35 23.2. (SDB: Student Activity Fee) The School for the Deaf and the Blind is authorized to charge to the parents of 36 students at the school a student activity fee, differentiated according to the income of the family. The required student 37 activity fee shall not exceed $40.00. Such revenue may be retained and carried forward into the current fiscal year and 38 expended for the purpose of covering expenses for student activities. 39 23.3. (SDB: Weighted Student Cost) The School for the Deaf and the Blind shall receive through the Education Finance 40 Act the average State share of the required weighted student cost for each student newly admitted into the multi-handicapped 41 school with the recommendation of the local school district. The estimated State share shall come directly from the State 42 Board of Education at the beginning of the fiscal year to be adjusted at the end of the fiscal year. This shall include any
SECTION 23 - SCHOOL FOR THE DEAF AND THE BLIND PAGE 522 1 students admitted into the Reeducation program for emotionally handicapped students. 2 23.4. (SDB: Admissions) Deaf, blind, multi-handicapped and other handicapped students identified by the Board of 3 Commissioners as target groups for admission to the South Carolina School for the Deaf and the Blind may be admitted by 4 the School either through direct application by parents or on referral from the local school district. The Board of 5 Commissioners shall define the appropriate admissions criteria including mental capacity, degree of disability, functioning 6 level, age, and other factors deemed necessary by the Board. All placement hearings for admission to the South Carolina 7 School for the Deaf and the Blind shall be organized by the School. The South Carolina School for the Deaf and the Blind 8 shall obtain information from the local school district concerning the needs of the student and shall prepare an Individualized 9 Education Plan for each student admitted. All parents applying for admission of their children must sign a statement 10 certifying that they feel the South Carolina School for the Deaf and the Blind is the most appropriate placement which 11 constitutes the least restrictive environment for the individual student, based upon needs identified in the placement meeting 12 and the Individualized Education Plan. The decision concerning placement and least restrictive environment shall be 13 reviewed annually at the IEP Conference. 14 23.5. (SDB: Adult Vocational Program Fees) The School for the Deaf and the Blind is authorized to charge appropriate 15 tuition, room and board, and other fees to students accepted into the Adult Vocational Program after July 1, 1986. Such 16 fees will be determined by the School Board of Commissioners, and such revenue shall be retained and carried forward into 17 the current fiscal year and expended by the School for the purpose of covering expenses in the Adult Vocational Program. 18 23.6. (SDB: Mobility Instructor Service Fee) The School for the Deaf and the Blind is authorized to charge a fee for 19 the services of a mobility instructor to provide service on a contractual basis to various school districts in the state, and such 20 revenue shall be retained and carried forward into the current fiscal year and expended by the School for the purpose of 21 covering expenses in the Blind School. 22 23.7. (SDB: Cafeteria Revenues) All revenues generated from cafeteria operations may be retained and expended by 23 the institution for the purpose of covering actual expenses in cafeteria operations. 24 23.8. (SDB: School Buses) The school buses of the South Carolina School for the Deaf and the Blind are authorized 25 to travel at speeds up to 55 miles per hour, not to exceed posted limit. No funds appropriated herein for equipment shall 26 be used for the purchase of governors for school buses of the South Carolina School for the Deaf and the Blind. 27 23.9. (SDB: USDA Federal Grants) All revenues generated from U.S.D.A. federal grants may be retained and 28 expended by the SCSDB in accordance with Federal regulations for the purpose of covering actual expenses in the 29 cafeteria/food service operations of the school. 30 23.10. (SDB: By-Products Revenue Carry Forward) The School for the Deaf and the Blind is authorized to sell goods 31 that are by-products of the school's programs and operations, charge user fees and fees for services to the general public: 32 individuals, organizations, agencies and school districts, and such revenue may be retained and carried forward into the 33 current fiscal year and expended for the purpose of covering expenses of the school's programs and operations. 34 23.11. (SDB: Pee Dee Resource Center for the Deaf and the Blind) From the funds provided herein, the School for the 35 Deaf and the Blind shall provide $100,000 for the establishment of a Pee Dee Resource Center for the Deaf and the Blind 36 in Conway, S.C. 37 38 39 H79 - SECTION 24 - DEPARTMENT OF ARCHIVES & HISTORY 40 41 24.1. (AH: Publication Distribution) The Commission is authorized to supply one free copy of each new publication 42 to the libraries of all institutions of higher learning in the State, and to each member of the Commission and its Directors;
SECTION 24 - DEPARTMENT OF ARCHIVES AND HISTORY PAGE 523 1 to the State Library; to each Public Library which is approved for a cash allotment by the South Carolina State Library. 2 24.2. (AH: Use of Proceeds) The proceeds of training sessions, sales of publications, reproductions of documents, 3 repair of documents, research fees, handling charges, and the proceeds of sales of National Register of Historic Places 4 certificates and plaques by the Archives Department shall be deposited in a special account in the State Treasury, and may 5 be used by this department to cover the cost of additional training sessions, publication, reproduction expenses, repair 6 expenses, and National Register of Historic Places certificates and plaques, and selected Historic Preservation Grants. 7 24.3. (AH: Nat'l. Historic Preservation Program) The funds earned from the United States Department of Interior by 8 the South Carolina Department of Archives and History for administering the National Historic Preservation Program in this 9 State, with the exception of the appropriate amount of indirect cost reimbursement to the General Fund, must be deposited 10 in a special account in the State Treasury, to be used by this department for a Historic Preservation Grants program that will 11 assist historic properties throughout South Carolina. From this fund, the Department may contribute a sum, not to exceed 12 $175,000 annually, to the South Carolina Archives and History Foundation to assist in activities designed to support and 13 enhance capital fund raising efforts. The Foundation will provide accounting for these funds at the end of each fiscal year. 14 Any funds donated to the Department by the Foundation will be deposited in the Historic Preservation Grants Program 15 account for use in funding other state historic preservation projects. 16 24.4. (AH: Disposal of Materials) Upon prior approval of the Commission, the agency may remove certain record and 17 non-record materials from its collections by gift to another public or nonprofit institution or by sale at public auction. This 18 is a supplemental form of disposition beyond that recognized in the Public Records Act for the retention, copying, and 19 destruction of public records; and it pertains only to those accessioned Archives materials having a market value and which 20 duplicate existing archival material, fall outside the scope of the Archives collection policy, or have no further possible 21 research value. All funds realized through sale by public auction shall be placed in a special account to be used for improved 22 access to and preservation of the state archives collections. The Commission shall report annually to the Budget and Control 23 Board regarding such dispositions. 24 24.5. (AH: Technical Assistance and Review Fees) The Department of Archives and History is authorized to charge 25 a fee of $35 for providing technical assistance in repairing and rehabilitating historically significant properties. The agency 26 may also charge fees based on the following fee schedule for investment tax credit reviews for historically significant 27 properties under the Federal Investment Tax Credit Program or other programs requiring review of compliance with federal 28 guidelines. 29 A fee of $250 is authorized for review of proposed or ongoing rehabilitation work for all projects. Fees for review of 30 completed rehabilitation work is based on the dollar amount spent on the rehabilitation as follows: 31 32 FEE SIZE OF REHABILITATION 33 34 $ 500 $ 5,000 to $ 99,999 35 $ 800 $ 100,000 to $499,999 36 $1,500 $ 500,000 to $999,999 37 $2,500 $1,000,000 or more 38 39 If a review of proposed or on-going rehabilitation work has been made prior to submission of the Request for Certification 40 of Completed Work, the Department will deduct the $250 from the total owed for review of completed rehabilitation work. 41 In general, each rehabilitation of a certified historic structure will be considered a separate project when computing the 42 amount of the fee.
SECTION 24 - DEPARTMENT OF ARCHIVES AND HISTORY PAGE 524 1 Revenues from these fees will be retained, carried forward and used by this department for Historic Preservation programs 2 assisting historic properties throughout South Carolina. 3 Revenues received from application fees for reviewing and certifying the rehabilitation work on historic properties under 4 the review compliance program will be retained by the agency. 5 24.6. (AH: Funding to Maintain Archival Materials) Funds remaining from the $300,000 appropriated in FY 1993-94 6 will be deposited in a special account and carried forward to the next fiscal year. These funds will not be considered as part 7 of the 5% carry forward in General Fund appropriations. Funds will be expended for supplies, procedures, and equipment 8 designed to preserve the Archives collection. The Ways and Means and Senate Finance Committees shall be furnished a 9 report annually detailing such expenditures. 10 24.7. (AH: History Center Funding) Funds appropriated for the Department of Archives and History, History Center 11 must be used by the State Budget and Control Board and the South Carolina Department of Archives and History who are 12 directed to proceed expeditiously with the design and construction of a replacement facility for the Department of Archives 13 and History's current facility on Senate Street in Columbia. This shall include, but not be limited to, awarding a contract 14 to begin construction. To finance the project, the department shall immediately begin using the $1.1 million of state capital 15 improvement bond funds reauthorized in subitem (16), item (f), Section 4, Act 531 of 1994 for architectural and engineering 16 related work (A&E) for the proposed project state funding appropriated in this act or any other appropriation act shall be 17 expended in the order authorized funding becomes available for the History Center. Additional funding is to be provided 18 from other sources as may be determined by the General Assembly. If interim financing is necessary, the State Treasurer 19 may provide interim financing. Of the funds appropriated in this act and/or any other funds appropriated in any other 20 appropriation act for construction of the South Carolina History Center, $2,000,000 shall support the National Endowment 21 for the Humanities Challenge Grant (CH-20306), be used to match Endowment funds and be expended for the approved 22 purposes of this grant, specifically construction of the South Carolina History Center. 23 24.8. (AH: Historical Burial Ground) Of the funds appropriated in Part IA, Section 24, $100,000 may be expended 24 in FY 96-97 for historical burial ground preservation. 25 26 27 H83 - SECTION 25 - CONFEDERATE RELIC ROOM & MUSEUM 28 29 25.1. (CRR: Artifacts Disposition) No artifacts in the collection and exhibits of the Confederate Relic Room shall be 30 permanently removed or disposed of except by a Concurrent Resolution of the General Assembly. 31 25.2. (CRR: Confederate Relic Room Location) Notwithstanding Act 313 of 1919 and Section 59-117-60, Code of 32 Laws of 1976, the War Memorial Building erected at the corner of Sumter and Pendleton Streets in the City of Columbia 33 shall continue to be used by the Confederate Relic Room and further utilization of the building shall be arranged between 34 the University of South Carolina and the Director of the Confederate Relic Room. 35 25.3. (CRR: Research/Copy Fee) The Confederate Relic Room is authorized to collect, retain and expend fees from 36 research and photographic processing requests. 37 38 39 H87 - SECTION 26 - STATE LIBRARY 40 41 26.1. (LIB: Aid to Counties Libraries Allotment) The amount appropriated in this section for "Aid to County Libraries" 42 shall be allotted to each county on a per capita basis according to the official United States Census for 1990, as aid to the
SECTION 26 - STATE LIBRARY PAGE 525 1 County Library. No county shall be allocated less than $15,000 under this provision. To receive this aid, local library 2 support shall not be less than the amount actually expended for library operations from local sources in the second preceding 3 year. 4 26.2. (LIB: On-Line Reference Service Fees) The State Library shall charge fees for actual costs of "on-line reference 5 services" and retain the fees to offset the costs of the services. These fees may be waived for county libraries. 6 26.3. (LIB: Exempt Across-the-Board Reduction) In the calculation of any across-the-board cut mandated by the Budget 7 and Control Board or General Assembly, the amount which the State Library pays to South Carolina Heritage Associates 8 for rent in the Mt. Vernon Mill shall be excluded from the State Library's base budget. 9 26.4. (LIB: Information Service Fees) The State Library may charge a fee for costs associated with information delivery 10 and retain such funds to offset the costs of maintaining, promoting and improving information delivery services. 11 26.5. (LIB: Continuing Education Fees) The State Library may charge a fee for costs associated with continuing 12 education and retain such funds to offset the costs of providing continuing education opportunities. 13 14 15 H91 - SECTION 27 - ARTS COMMISSION 16 17 27.1. (ARTS: Professional Artists Contract) Where practicable, all professional artists employed by the Arts 18 Commission in the fields of music, theater, dance, literature, musical arts, craft, media arts and environmental arts shall be 19 hired on a contractual basis as independent contractors. Where such a contractual arrangement is not feasible employees in 20 these fields may be unclassified, however, the approval of their salaries shall be in accord with the provisions of Section 21 72.19 of this Act. 22 27.2. (ARTS: Special Revolving Account) Any income derived from Arts Commission sponsored arts events or by gift, 23 contributions, or bequest now in possession of the Arts Commission including any federal or other funds balance remaining 24 at the end of the prior fiscal year, shall be retained by the Commission and placed in a special revolving account for the 25 Commission to use solely for the purpose of supporting the programs provided herein. Any such funds shall be subject to 26 the review procedures as set forth in Act 651 of 1978. 27 27.3. (ARTS: Grant Funds Equitable Disbursement) The Commission shall make every effort to disburse state and 28 federal grant funds to counties in the most equitable manner possible. Counties that have demonstrated initiative in seeking 29 support and developing arts programs are to be given consideration when funds are disbursed. 30 27.4. (ARTS: Partial Indirect Cost Waiver) The Commission is allowed to apply a 15% indirect cost rate for continuing 31 federal grants for which they must compete. The Commission shall apply the full approved negotiated rate to the Basic State 32 Grant and any new grants received by the Commission. 33 34 35 H95 - SECTION 28 - STATE MUSEUM COMMISSION 36 37 28.1. (MUSM: Duplicate Materials) The Commission may give (away) natural history materials in its possession for 38 educational purposes, such materials being less than museum quality or duplicative of materials owned by the Museum 39 Commission. 40 28.2. (MUSM: Removal From Collections) The Commission may remove objects from its museum collections by gift 41 to another public or nonprofit institution, by trade with another public or nonprofit institution, by public sale, by transfer 42 to the Commission's education, exhibit, or study collections or to its operating property inventory; or as a last resort, by
SECTION 28 - STATE MUSEUM COMMISSION PAGE 526 1 intentional destruction on the condition that the objects so removed meet with one or more of the following criteria: (1) 2 they fall outside the scope of the S. C. Museum Commission's collections as defined in the Collection Policy dated January 3 20, 1993, (2) they are unsuitable for exhibition or research, (3) they are inferior duplicates of other objects in the collection, 4 or (4) they are forgeries or were acquired on the basis of false information; funds from the sale of such objects will be placed 5 in a special revolving account for the Commission to use solely for the purpose of purchasing objects for the collections of 6 the State Museum. 7 28.3. (MUSM: Museum Store) The Museum Commission shall establish and administer a museum store in the State 8 Museum. This store may produce, acquire, and sell merchandise relating to historical, scientific, and cultural sources. All 9 profits received from the sale of such merchandise shall be retained by the Museum Commission in a restricted fund to be 10 carried forward into the following fiscal year. These funds may be used for store operations, publications, acquisitions, 11 educational programs, exhibit production and general operating expenses provided that the expenditures for such expenses 12 are approved by the General Assembly in the annual Appropriation Act. 13 28.4. (MUSM: Traveling Exhibits Fees) The Museum Commission may rent or sell exhibits and exhibit components 14 and the Commission may retain such funds and use them to offset the cost of developing, maintaining, promoting, and 15 improving the changing exhibit program and to support general operations, provided that the expenditures for such expenses 16 are approved by the General Assembly in the annual Appropriation Act. Any unexpended revenue from these sources may 17 be carried forward into the current fiscal year to be expended for the same purposes. 18 28.5. (MUSM: Retention of Revenue) The Museum Commission may retain revenue received from admissions, 19 program fees, facility rentals, professional services, donations and other miscellaneous operating income and may expend 20 such revenue for general operating expenses provided that such expenditures are approved by the General Assembly in the 21 annual appropriations act. Any unexpended revenue from these sources may be carried forward into the current fiscal year 22 to be expended for the same purposes. 23 28.6. (MUSM: Across-the-Board Cut Exemption) In the calculation of any across-the-board cut mandated by the Budget 24 and Control Board or General Assembly, the amount which the Commission pays to the South Carolina Heritage Associates 25 for rent of the Museum's rent shall be excluded from the Museum's base budget. 26 28.7. (MUSM: School Tour Fee Prohibition) The Commission may not charge admission fees to groups of children 27 from South Carolina who have made reservations that are touring the museum as part of a school function. 28 29 30 J02 - SECTION 29 - DEPARTMENT OF HEALTH & HUMAN SERVICES 31 32 29.1. (DHHS: Recoupment/Restricted Fund) The Department of Health and Human Services shall recoup all refunds 33 and identified program overpayments and all such overpayments shall be recouped in accordance with established collection 34 policy. Further, the Department of Health and Human Services is authorized to maintain a restricted fund, on deposit with 35 the State Treasurer, to be used to pay for Medicaid and Social Services Block Grant Federal liabilities. The restricted fund 36 will derive from prior year program refunds. The restricted fund shall not exceed one-half of one percent of the Medicaid 37 and Social Services Block Grant total appropriation authorization for the current year. Amounts in excess of one-half of one 38 percent will be remitted to the General Fund. 39 29.2. (DHHS: Long Term Care Facility Reimbursement Rate) The Department, in calculating a reimbursement rate 40 for long term care facility providers, shall obtain for each contract period an inflation factor, developed by the Budget and 41 Control Board, Division of Budget and Analyses. Data obtained from Medicaid cost reporting records applicable to long 42 term care providers will be supplied to the Budget and Control Board, Division of Budget and Analyses. A composite index,
SECTION 29 - DEPARTMENT OF HEALTH AND HUMAN SERVICES PAGE 527 1 developed by the Budget and Control Board, Division of Budget and Analyses will be used to reflect the respective costs 2 of the components of the Medicaid program expenditures in computing the maximum inflation factor to be used in long term 3 care contractual arrangements involving reimbursement of providers. The Division of Budget and Analyses of the Budget 4 and Control Board shall update the composite index so as to have the index available for each contract renewal. 5 The Department may apply the inflation factor in calculating the reimbursement rate for the new contract period from 6 zero percent (0%) up to the inflation factor developed by the Division of Budget and Analyses. 7 29.3. (DHHS: Medical Assistance Audit Program Remittance) The Department of Health and Human Services shall 8 remit to the General Fund an amount representing fifty percent (allowable Federal Financial Participation) of the cost of the 9 Medical Assistance Audit Program as established in the State Auditor's Office of the Budget and Control Board Section 17D. 10 Such amount shall also include appropriated salary adjustments and employer contributions allocable to the Medical 11 Assistance Audit Program. Such remittance to the General Fund shall be made monthly and based on invoices as provided 12 by the State Auditor's Office of the Budget and Control Board. 13 29.4. (DHHS: Medicaid Income Limitation) The income limitation for the Medicaid Program shall continue to be three 14 hundred percent of the SSI single payment maximum. 15 29.5. (DHHS: Third Party Liability Collection) The Department of Health and Human Services is allowed to fund the 16 net costs of contracting for any Special Third Party Liability collection efforts from the monies collected in that effort. 17 29.6. (DHHS: Services Integration Efforts) The funds appropriated in II D shall be utilized for services integration 18 efforts. 19 29.7. (DHHS: Medicaid State Plan) Where the Medicaid State Plan is altered to cover services that previously were 20 provided by 100% state funds, the Department can bill other agencies for the state share of services provided through 21 Medicaid. The Department will keep a record of all services affected and submit periodic reports to the House Ways and 22 Means and Senate Finance Committees. 23 29.8. (DHHS: Medically Indigent Assistance Fund) The Department is authorized to expend disproportionate share 24 funds to all eligible hospitals with the condition that all audit exceptions through the receipt and expenditures of these funds 25 are the liability of the hospital receiving the funds. To the extent that any disproportionate share funds authorized under this 26 section exceed a specific hospital's cost, such funds must be spent on health care services by a governmental entity. These 27 funds must be used to reimburse the hospital for expenses in providing uncompensated indigent care. 28 29.9. (DHHS: Admin. Days/Swing Beds Reduction Prohibition) Funds appropriated herein for hospital administrative 29 days and swing beds shall not be reduced in the event the agency cuts programs and the services they provide. 30 29.10. (DHHS: Nursing Home Sanctions) The Department of Health and Human Services is authorized to establish an 31 interest bearing Restricted Fund with the State Treasurer, to deposit fines collected as a result of nursing home sanctions. 32 The Department may use these funds to protect the life, health, and property of patients in nursing homes, including payment 33 for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of 34 deficiencies or closure. 35 29.11. (DHHS: Reimbursement Formula Changes) To the extent the Department can increase Medicaid federal matching 36 funds through changes in reimbursement formulas for other state providers, the Department, with the permission of the state 37 providers, is authorized to retain these funds in an earmarked account on deposit with the State Treasurer and use these funds 38 to cover unanticipated increases in Medicaid expenditures. The Department should not hold any other state provider liable 39 for disallowances resulting from these changes. Any funds realized as a result of this proviso shall be reported as part of 40 the following year budget process. 41 29.12. (DHHS: Primary Prevention Strategy) Funds appropriated in the prior year's Appropriation Act for the Statewide 42 Primary Prevention Strategy may be carried forward and spent in the current fiscal year.
SECTION 29 - DEPARTMENT OF HEALTH AND HUMAN SERVICES PAGE 528 1 29.13. (DHHS: Substitute Home Program) It is the intent of the General Assembly that $250,000 appropriated herein 2 be used as match to implement a waiver proposal for the development of substitute home programs in South Carolina. 3 Services will be restricted to 300 persons who will be eligible for enhanced residential care facility, assisted living and adult 4 foster care services. Individuals served must meet the nursing home level of care criteria. 5 29.14. (DHHS: Managed Care) The Insurance Law of South Carolina and the regulations promulgated thereunder shall 6 not apply to partially capitated, primary care providers, insofar as such groups or individuals are defined by and agree to 7 provide health care services under South Carolina's Medicaid Managed Care Medicaid Waiver Program. 8 29.15. (DHHS: Health Benefit Plan Demonstration Project) The Health Benefit Plan Demonstration Project is exempt 9 from the provisions of Title 38 of the 1976 Code and regulations promulgated by the Chief Insurance Commissioner. 10 29.16. (DHHS: Medicaid Long-Term Care Asset Protection Program) The Department of Health and Human Services 11 and the Department of Insurance shall report to the Ways and Means Committee and Senate Finance by January 15, 1996 12 on the impact of amending the State's Medicaid Plan to provide asset protection for potential medicaid long-term care 13 recipients who purchase approved long-term care insurance policies. This report must identify costs associated with 14 implementing this program as well as the impact on service availability for the current group of long-term care eligibles. 15 29.17. (DHHS: Residential Care Facilities) DELETED 16 29.18. (DHHS: Medicaid Managed Care Task Force) There is created the Legislative Medicaid Managed Care Task 17 Force consisting of the following members: the Governor or his designee, up to three members of the Senate Finance 18 Committee appointed by the Chairman of Senate Finance Committee and up to three members of the Ways and Means 19 Committee appointed by the Chairman of Ways and Means Committee. This Task Force shall review the progress of the 20 conversion to managed care in Medicaid. In addition to the Governor and the legislative members, the Chairmen of the 21 Senate Finance and Ways and Means Committees may jointly appoint up to six representatives of public and private interests, 22 one of whom must be a consumer, who are significantly affected by a managed care medicaid system. The legislative 23 members of the Task Force shall elect one member to serve as chairman and one member to serve as vice chairman. The 24 Department of Health and Human Services shall report annually, by February of each year, on the status of the Medicaid 25 managed care program to this Task Force. 26 27 28 J04 - SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL 29 30 30.1. (DHEC: County Health Departments Funding) Out of the appropriation provided in this section for "Public 31 Health Districts", the sum of $25,000 shall be distributed to the county health departments by the Commissioner, with the 32 approval of the Board of Department of Health and Environmental Control, for the following purposes: 33 1. To insure the provision of a reasonably adequate public health program in each county. 34 2. To provide funds to combat special health problems that may exist in certain counties. 35 3. To establish and maintain demonstration projects in improved public health methods in one or more counties in the 36 promotion of better public health service throughout the State. 37 4. To encourage and promote local participation in financial support of the county health departments. 38 5. To meet emergency situations which may arise in local areas. 39 6. To fit funds available to amounts budgeted when small differences occur. 40 The provisions of this proviso shall not supersede or suspend the provisions of Section 13-7-30 of the 1976 Code. 41 30.2. (DHEC: County Special Projects) Counties may continue to fund special projects in conjunction with the County 42 Health Departments. Salaries for county special project employees, including merit increases and fringe benefits, shall be
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 529 1 totally funded by the county(s) involved. County special project employees shall not be under the state merit system or state 2 compensation plan and they shall receive their compensation directly from the county(s). 3 30.3. (DHEC: County Health Units) Federal funds made available to the Department of Health and Environmental 4 Control for the allocation to the counties of the State for operation of county health units be allotted on a basis approved by 5 the Board of the Department of Health and Environmental Control and the amount of State funds appropriated herein for 6 "Public Health Districts", except for salary increases, shall be allocated on a basis such that no county budget shall receive 7 less than the amount received in the prior fiscal year. 8 30.4. (DHEC: Camp Burnt Gin) Private donations or contributions for capital improvements at Camp Burnt Gin shall 9 be deposited in a restricted account and carried forward until sufficient amounts are available for such improvements. Any 10 expenditures from the account must first be approved by the Budget and Control Board and the Joint Bond Review 11 Committee. 12 30.5. (DHEC: Children's Rehabilitative Services) The Children's Rehabilitative Services shall be required to utilize 13 any available financial resources including insurance benefits and/or governmental assistance programs, to which the child 14 may otherwise be entitled in providing and/or arranging for medical care and related services to physically handicapped 15 children eligible for such services, as a prerequisite to the child receiving such services. 16 30.6. (DHEC: Cancer/Hemophilia) Notwithstanding any other provisions of this act, the funds appropriated herein for 17 cancer treatment services $1,223,465 $1,168,409 and the hemophilia assistance program, $66,477 shall not be transferred 18 to other programs within the agency and when instructed by the Budget and Control Board or the General Assembly to 19 reduce funds within the department by a certain percentage, the Department may not act unilaterally to reduce the funds for 20 any cancer treatment program and hemophilia assistance program provided for herein greater than such stipulated percentage. 21 30.7. (DHEC: Speech & Hearing) The Department of Health and Environmental Control shall utilize so much of the 22 funds appropriated in this section as may be necessary to continue the Speech and Hearing programs. 23 30.8. (DHEC: Local Health Departments) As of July 1, 1981, the counties of the state will be relieved of contribution 24 requirements for salary, fringe benefits and travel reimbursement to local health departments. The amount of $5,430,697 25 is appropriated for county health department salaries, fringe benefits and travel. These funds and other state funds 26 appropriated for county health units may, based upon need, be utilized in either salary or travel categories. Each county 27 shall provide all other operating expenses of the local health department in an amount at least equal to that appropriated for 28 operations for each county in Fiscal Year 1981. In the event any county makes uniform reductions in appropriations to all 29 agencies or departments for maintenance and operations, exclusive of salaries and fringe benefits, a like reduction shall be 30 made in funds appropriated for the operating expenses of the local health department. 31 30.9. (DHEC: Insurance Refunds) The Department of Health and Environmental Control is authorized to budget and 32 expend monies resulting from insurance refunds for prior year operations for case services in the following programs: Health 33 Promotion, Preventive Health Services, and Maternal and Child Care. 34 30.10. (DHEC: Emergency Medical Services) Funds appropriated herein for Emergency Medical Services, shall be 35 allocated to the Counties for the purpose of improving or upgrading the system, and shall be allocated to the EMS-Regional 36 Councils for administration of training programs and technical assistance to the local EMS units and the funds shall be 37 allocated by a ratio of 45 percent to the counties and 55 percent to the EMS Regional Councils. The Department of Health 38 and Environmental Control shall develop guidelines and administer the system to make allocations within each region based 39 on demonstrated need and local match. The $1 million increase provided herein shall not require local match and local match 40 shall not be a factor in determining the allocation. The $1 million increase shall be allocated by a ratio of 81 percent to 41 counties, 12 percent to EMS Regional Councils and 7 percent to the state EMS office. Funds appropriated $1,975,671 42 $1,955,195 to Emergency Medical Services shall not be transferred to other programs within the Department's budget. In
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 530 1 addition, when instructed by the Budget and Control Board or the General Assembly to reduce funds by a certain 2 percentage, the Department may not reduce the funds appropriated for EMS Regional Councils or Aid to Counties greater 3 than such stipulated percentage. 4 30.11. (DHEC: Rape Crisis Centers) Of the amounts appropriated in Primary Care-Case Services, $681,787 $651,107 5 shall be used for rape crisis centers around the state. Distribution of funds shall be based on DHEC Rape Crisis services 6 standards and expenditures monitored by DHEC. 7 30.12. (DHEC: Sickle Cell Blood Sample Analysis) $16,000 is appropriated in Maternal and Child Care for the Sickle 8 Cell Program for Blood Sample Analysis and shall be used by the Department to analyze blood samples submitted by the 9 four existing regional programs - Region I, Barksdale Sickle Cell Anemia Foundation in Spartanburg; Region II, Clark Sickle 10 Cell Anemia Foundation in Columbia; Region III, Committee on Better Racial Assurance Hemoglobinopathy Program in 11 Charleston; and the Orangeburg Area Sickle Cell Anemia Foundation. 12 30.13. (DHEC: Sickle Cell Programs) $475,000 is appropriated for Sickle Cell program services, 47% is to be 13 designated for the Community Based and Newborn Screening Programs (Sickle Cell) and shall be apportioned as follows: 14 (1) 48% is to be divided equally between the existing Community Based Sickle Cell Programs located in Spartanburg 15 and Columbia; and 16 (2) 52% is for the Community Based Sickle Cell Program in Charleston. 17 The funds shall be used for providing prevention programs, educational programs, testing, counseling and newborn 18 screening. The balance of the total appropriation must be used for Sickle Cell Services operated by Children's Rehabilitative 19 Services of DHEC. The funds appropriated to the community based sickle cell centers shall be reduced to reflect any percent 20 reduction assigned to the Department of Health and Environmental Control by the Budget and Control Board; provided, 21 however, that the Department may not act unilaterally to reduce the funds for the Sickle Cell program greater than such 22 stipulated percentage. The Department shall not be required to undertake any treatment, medical management or health care 23 follow-up for any person with sickle cell disease identified through any neonatal testing program, beyond the level of services 24 supported by funds now or subsequently appropriated for such services. No funds appropriated for ongoing or newly 25 established sickle cell services may be diverted to other budget categories within the DHEC budget. 26 30.14. (DHEC: Genetic Services) The sum of $232,869 $222,390 appearing under the Maternal and Child Care Section 27 of this Act shall be appropriated to and administered by the Department of Health and Environmental Control for the purpose 28 of providing appropriate genetic services to medically needy and underserved persons. Such funds shall be used by the 29 Department to administer the program and to contract with appropriate providers of genetic services. Such services will 30 include genetic screening, laboratory testing, counseling, and other services as may be deemed beneficial by the Department, 31 and these funds shall be divided equally among the three Regional Genetic Centers of South Carolina, composed of units 32 from the Medical University of South Carolina, the University of South Carolina School of Medicine, and the Greenwood 33 Genetic Center. 34 30.15. (DHEC: Revenue Carry Forward Authorization) The Department of Health & Environmental Control is hereby 35 authorized to collect, expend and carry forward revenues in the following programs: Sale of Goods (confiscated goods, arm 36 patches, etc.), sale of meals at Camp Burnt Gin, sale of publications, brochures, photo copies and certificate forms, including 37 but not limited to, pet rabies vaccination certificate books, sale of listings and labels, sale of State Code and Supplements, 38 sale of films and slides, sale of maps, sale of items to be recycled, including used motor oil and batteries, etc., and collection 39 of registration fees for non-DHEC employees. 40 30.16. (DHEC: Pharmacist Permits) The Department of Health and Environmental Control shall be exempted from the 41 requirements of Section 40-43-370 of the 1976 Code of Laws, as amended, as it relates to the requirement that a pharmacist 42 employed by the Department may supervise no more than two adjacent districts. The Department of Health and
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 531 1 Environmental Control shall not be exempt from any other provisions of Section 40-43-370. 2 30.17. (DHEC: Safe Drinking Water Act) In order to comply with the provisions of the federal Safe Drinking Water 3 Act, the Department is authorized to collect a fee from each public water system. The fee must be based upon the number 4 of taps through which the system provides water to its customers The fees collected must be returned to the department for 5 the purposes of implementing the Safe Drinking Water Act Regulatory Program including engineering plan review, 6 compliance inspections, and enforcement; and for providing technical assistance and monitoring and laboratory analytical 7 services for the public water systems of the State. The fee shall be as follows: 8 9 COMMUNITY AND NON-TRANSIENT NON-COMMUNITY WATER SYSTEMS 10 11 Fee = Program Administration Component + Distribution Monitoring Component + Source Monitoring Component 12 13 Fee = $10.80 x (# Taps Up To 10) + $7.20 x (# Taps From 11 To 25) + $5.76 x ( # Taps From 26 To 50) + $4.32 x 14 (# Taps From 51 To 100) + $2.88 x (# Taps From 101 To 500) + $2.16 x (# Taps From 501 To 1,000) + $1.44 15 x (# Taps From 1,001 To 5,000) + $1.08 x (# Taps From 5,001 To 10,000) + $0.68 x (# Taps From 10,001 To 16 15,000) + $0.36 x (# Taps From 15,001 To 25,000) + $0.23 x (# Taps From 25,001 To 50,000) + $0.14 x (# 17 Taps From 50,001 To 100,000) + $0.09 x (# Taps Greater Than 100,000) 18 19 + $158 (Systems Serving Up To 100 Taps); Or, $450 (Systems Serving 101 To 1,000 Taps); Or, $2,250 (Systems 20 Serving 1,001 To 15,000 Taps); Or, $4500 (Systems Serving Greater Than 15,000 Taps) 21 22 + [($225 x (#GW Sources)) + ($450 x (#SW Sources))] [Up To 25 Taps]; Or, [($360 x (#GW Sources)) + ($720 23 x (#SW Sources))] [From 26 To 100 Taps]; Or, [($900 x (#GW Sources)) + ($1800 x (#SW Sources))] [Greater 24 Than 100 Taps]; Or, [Maximum $5,000] 25 26 SYSTEM SIZE PROGRAM ADMINISTRATION 27 (NUMBER OF TAPS) (BASE AMOUNT + RATE PER TAP) 28 BASE RATE PER TAP 29 30 1 To 10 $0 $10.80 First 10 Taps 31 11 To 25 $108 $7.20 Taps 11 To 25 32 26 To 50 $216 $5.76 Taps 26 To 50 33 51 To 100 $360 $4.32 Taps 51 To 100 34 101 To 500 $576 $2.88 Taps 101 To 500 35 501 To 1,000 $1,728 $2.16 Taps 501 To 1,000 36 1,001 To 5,000 $2,808 $1.44 Taps 1,001 To 5,000 37 5,001 To 10,000 $8,568 $1.08 Taps 5,001 To 10,000 38 10,001 To 15,000 $13,968 $0.68 Taps 10,001 To 15,000 39 15,001 To 25,000 $17,343 $0.36 Taps 15,001 To 25,000 40 25,001 To 50,000 $20,943 $0.23 Taps 25,001 To 50,000 41 50,001 To 100,000 $26,568 $0.14 Taps 50,001 To 100,000 42 100,000 And Above $33,318 $0.09 Over 100,000
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 532 1 SYSTEM SIZE DISTRIBUTING SOURCE MONITORING 2 (NUMBER OF TAPS) MONITORING (RATE PER SOURCE) 3 (FIXED RATE) GROUNDWATER SURFACE WATER 4 5 1 To 10 $ 158 $225 $ 450 6 11 To 25 $ 158 $225 $ 450 7 26 To 50 $ 158 $360 $ 720 8 51 To 100 $ 158 $360 $ 720 9 101 To 500 $ 450 $900 $1,800 10 501 To 1,000 $ 450 $900 $1,800 11 1,001 To 5,000 $2,250 $900 $1,800 12 5,001 To 10,000 $2,250 $900 $1,800 13 10,001 To 15,000 $2,250 $900 $1,800 14 15,001 To 25,000 $4,500 $900 $1,800 15 25,001 To 50,000 $4,500 $900 $1,800 16 50,001 To 100,000 $4,500 $900 $1,800 17 100,001 And Above $4,500 $900 $1,800 18 19 OTHER PUBLIC WATER SYSTEMS 20 21 Transient Non-Community Systems: Fee = $225 22 Systems Serving More Than 1 Tap But Less 23 Than 15 Taps and Serving Less Than 25 People: Fee = $135 24 Systems Serving 1 Tap and Serving Less Than 25 25 People: Fee = $ 90 26 Vending Machines: Fee = $ 45 27 28 For the purposes of this fee schedule, tap is defined as a service connection, the point at which water is delivered to the 29 consumer (building, dwelling, commercial establishment, camping space, industry, etc.) from a distribution system, whether 30 metered or not and regardless of whether there is a user charge for consumption of the water. 31 The Department shall submit an annual report to the Senate Finance Committee, House Ways & Means Committee, South 32 Carolina Section American Water Works Association and the Municipal Association detailing activities funded from safe 33 drinking water fees. The report shall include the amount of fees collected from each waterwork and the listing of 34 expenditures from those fees. The expenditures shall be accompanied by a list of benefits the waterworks receive from the 35 State as a result of the fees. In providing monitoring and laboratory analytical services, DHEC will consider least cost 36 alternatives including contracting with private laboratories when appropriate. DHEC shall include all applicable direct and 37 indirect costs in developing cost comparisons with private laboratories. 38 Penalties: 39 All fees remaining unpaid thirty (30) days after billing will be issued a late notice with no penalty due, however, it will 40 contain advisement of penalty for non-payment after sixty (60) days. Fees remaining unpaid after sixty days will be assessed 41 a ten percent (10%) penalty. Fees remaining unpaid at the end of ninety (90) days will be assessed a twenty-five percent 42 (25%) penalty in addition to the sixty day penalty. The sum of both penalties may not exceed five thousand dollars. Persons
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 533 1 delinquent under this paragraph will be notified by the Department by certified mail at their last known address. 2 All returned checks will be subject to a returned check fee as outlined in the DHEC Administrative Policy and Procedures 3 Manual. This penalty will be in addition to those outlined above. 4 No monitoring will be conducted on systems with fees unpaid at the end of ninety (90) days. 5 30.18. (DHEC: Medicaid Nursing Home Bed Days) Pursuant to Section 44-7-84(A) of the 1976 Code, the maximum 6 number of Medicaid patient days for which the Department of Health and Environmental Control is authorized to issue 7 Medicaid nursing home permits is 3,900,000 4,009,500. 8 30.19. (DHEC: Infectious Waste Health Inspectors) The Department of Health and Environmental Control shall assign 9 full-time health inspectors to serve at commercial incinerators which dispose of infectious waste for the purpose of assuring 10 the protection of the health and safety of the public by monitoring the receipt, handling and disposal of infectious waste at 11 these sites. The Department shall implement a fee of up to $5.00 per ton of infectious waste to cover the costs of 12 implementing this inspection program, not to exceed $150,000, to be collected quarterly from such inspected facilities to be 13 deposited in the General Fund. 14 30.20. (DHEC: Septic Tank & Retail Food Establishments Inspection Fees) The Department shall charge a septic tank 15 inspection fee of $60.00. This fee shall be paid prior to the evaluation of any site for which an application for a septic tank 16 permit has been made. The Department shall charge annual inspection fees for retail food establishments. Retail food 17 establishments obtaining a permit for the first time shall be charged an inspection fee of $60.00. These fees must be paid 18 prior to the issuance of a permit. After the first year, renewal inspection fees shall be based on gross sales of food and food 19 products for the facility's previous business year as follows: 20 21 Gross Sales Annual Fee 22 23 $299,999 or less $60.00 24 $300,000 to 2,999,999 $70.00 25 $3,000,000 or more $80.00 26 27 The Department shall revise the annual inspection fee schedule for food service establishments to provide for additional 28 breakdowns. 29 Annual renewal fees shall be due thirty (30) days from the billing date. A penalty charge of $30.00 for all facilities shall 30 be assessed for inspection fees that are past due. A second penalty shall be assessed for inspection fees sixty (60) days past 31 due. 32 Owners of retail food establishments shall furnish previous business year sales information on request of the Department. 33 The following retail food establishments shall be exempt from fee charges: 34 35 Retail food establishments that are operated by a public or private school (kindergarten through grade 12); or are operated 36 by a child care facility. 37 38 Retail food establishments operated by health care facilities that are regulated by the Department. 39 40 Retail food establishments that are operated by other state agencies or local governments that provide food for patients, 41 clients or inmates. 42
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 534 1 Retail food establishments that are operated by non-profit organizations for the purpose of providing meals or food to 2 needy persons at little or no cost; or for the purpose of raising money for a charitable purpose. 3 4 An entity claiming an exemption from fee charges may be required to submit annually to the Department written evidence 5 that it meets one or more of the above criteria. 6 30.21. (DHEC: Vital Records Fees) The Department of Health and Environmental Control shall revise fees for Vital 7 Records. The following fee schedule shall be implemented effective July 1, 1991 and the revenue generated shall be retained 8 and expended by the agency to offset the cost of operations of the Vital Records System. 9 10 Records Search (includes one certification, if located) . . $ 8.00 11 12 Additional similar certifications of the same 13 record ordered at the same time . . . . . . . . . . . . . . $ 3.00 14 15 Expedited service (additional to other required fees) . . . $ 5.00 16 17 Index Verification for Government Agencies . . . . . . . . $ 2.00 18 19 Special Filing Fees (additional to research fee) 20 (1) Correction of certificate by affidavit . . . . . . . . $10.00 21 (2) Amended certificate (adoption, legitimation, 22 court order, paternity acknowledgement) . . . . . . . . . . $10.00 23 (3) Delayed Registration of Birth . . . . . . . . . . . . $10.00 24 25 Fees collected at the county health departments for records searches, amendments of records, delayed birth registration 26 and additional copies of the same record requested at the same time shall be distributed as follows: 50% to the county health 27 department and 50% to Vital Records Central Office. 28 30.22. (DHEC: Health Licensing Fee) Funds resulting from an increase in the Health Licensing Fee Schedule shall be 29 retained by the Department to fund increased responsibilities of the health licensing programs. 30 30.23. (DHEC: Controlled Substances Registration Fees) Provided, that the fees assessed for registration under Title 31 44, Chapter 53, Article 3 of the amended Code (the Controlled Substances Act) and set forth under Paragraph 103 of R61-4 32 of the amended Code shall be increased as follows: 33 (1) The fees set in R61-4, Paragraph 103(a), (c), (d), (e), and (h) at $75.00 per annum are increased to $100.00 per 34 annum. 35 (2) The fees set in R61-4, Paragraph 103(b) at $75.00 per annum are increased to $275.00 per annum. 36 (3) The fees set in R61-4, Paragraph 103(f) at $360.00 per annum are increased to $600.00 per annum. 37 (4) The fees set in R61-4, Paragraph 103(g) at $240.00 per annum are increased to $500.00 per annum. 38 (5) The Department of Health and Environmental Control shall modify R61-4, Paragraph 103 to conform to the fees 39 set forth in this proviso. 40 (6) This proviso shall become effective for the 1992-1993 registration period and shall continue in force until modified 41 by revision of R61-4, Paragraph 103. 42 30.24. (DHEC: Medical & Dental Loan Program) Notwithstanding other provisions of law, unobligated funds in the
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 535 1 Medical & Dental Loan program may be expended for other health service programs. 2 30.25. (DHEC: Infectious Waste Contingency Fund) The Department of Health and Environmental Control is authorized 3 to use not more than $75,000 from the Infectious Waste Contingency Fund per year for personnel and operating expenses 4 to implement the Infectious Waste Act. 5 30.26. (DHEC: Nursing Home Medicaid Bed Day Permit) Beginning July 1, 1993, when transfer of a medicaid patient 6 from a nursing home is necessary due to violations of state or federal law or medicaid certification requirements, the 7 medicaid patient day permit shall be transferred with the patient to the receiving nursing home. The receiving facility shall 8 apply to permanently retain the medicaid patient day permit within sixty days of receipt of the patient. 9 30.27. (DHEC: SC Mining Council) The amount appropriated in this section for "Mining and Reclamation", "Per Diem" 10 and "Travel" may be used for reimbursement of expenses and per diem for the South Carolina Mining Council. 11 30.28. (DHEC: Mining Fees) The Department shall be authorized to assess and collect application fees and other fees 12 associated with the implementation of the S.C. Mining Act. Authorized fee categories and amounts are as follows: 13 14 A. Mining Permit Application Fee . . . . . . . . . $500.00 15 B. Mining Permit Renewal Fee . . . . . . . . . . . $250.00 16 C. Substantial Permit Modification Fee . . . . . . $250.00 17 D. Mining Permit Transfer Fee . . . . . . . . . . . $ 50.00 18 19 All authorized fees must be received with the appropriate application by the Unit and shall be non-refundable to the 20 applicant. 21 As part of the Annual Reclamation Report required pursuant to Section 48-20-120 of the S.C. Mining Act, the Department 22 shall be authorized to assess and collect an annual operating fee of one hundred twenty-five dollars ($125) for each mine with 23 an operating permit. The Department may assess a late fee of fifty dollars ($50) per month for each month the annual 24 reclamation report and/or annual operating fees are delinquent. All fees generated pursuant to this proviso shall be remitted 25 to the general fund. 26 30.29. (DHEC: Mineral Sets Revenue) The Department is authorized to charge a reasonable fee for mineral sets. Funds 27 generated from the sale of mineral sets may be retained by the Department in a revolving account with a maximum carry 28 forward of $2,000 and must be expended for mineral set supplies and related mining and reclamation educational products. 29 30.30. (DHEC: Spoil Easement Areas Revenue) The Department is authorized to collect, retain and expend funds 30 received from the sale of and/or third party use of spoil easement areas, for the purpose of meeting the State of South 31 Carolina's responsibility for providing adequate spoil easement areas for the Atlantic Intracoastal Waterway in South 32 Carolina. Any unexpended balance on June 30, of the prior fiscal year would be carried forward into the next fiscal year 33 and expended for the same purposes. 34 30.31. (DHEC: Performance Bond Forfeiture Revenue Carry Forward) The Department is authorized to retain and 35 expend revenue derived from forfeiture of performance bonds to cover the cost of restoring damaged critical areas. Any 36 unexpended balance on June 30, of the prior fiscal year would be carried forward into the next fiscal year and expended for 37 the same purposes. 38 30.32. (DHEC: Special Permits) Notwithstanding any other provisions of law or Rule and Regulation where the State 39 of South Carolina is exposed to compensation requirements of the Constitutions, the Department is hereby authorized to issue 40 special permits pursuant to Section 48-39-290(D) for habitable structures not to be larger than 5,000 square feet of heated 41 space. 42 30.33. (DHEC: Permit Application) Permit Application fees collected pursuant to Section 48-39-145 of the 1976 Code
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 536 1 must be retained by the department and used to establish the Coastal Resources Access Fund to be administered by the 2 Office of Ocean and Coastal Resource Management. The office shall make matching grants from the fund on a 50/50 basis 3 to local governments in the South Carolina Coastal Zone for projects which enhance the public's use and enjoyment of coastal 4 resources. 5 30.34. (DHEC: Construction, Demolition, and Land-Clearing Debris Landfills) The department may not expend funds 6 from any source to implement or enforce or implement and enforce any of the provisions of R.61-107.11, entitled Solid 7 Waste Management: Construction, Demolition, and Land-Clearing Debris Landfills, or any provisions of Part III of the 8 proposed amendments to this regulation approved in draft form by the Board of Health and Environmental Control on April 9 14, 1994, as these provisions apply to landfills managing construction, demolition, and land-clearing debris generated in the 10 course of normal operations on property under the same ownership or control as the landfill, until separate regulatory 11 requirements are promulgated and in effect for these landfills. 12 30.35. (DHEC: Per Visit Rate Bureau of Home Health and Long Term Care) The SCDHEC is authorized to compensate 13 non-permanent, part-time employees on a fixed rate per visit basis. Compensation on a fixed rate per visit may be paid only 14 to Bureau of Home Health and Long Term Care employees for whom the Department receives per visit reimbursement from 15 other sources. These individuals will provide direct patient care in a home environment. The per visit rate may vary based 16 on the discipline providing the care and the geographical location of services rendered. Management may pay exempt or 17 non-exempt employees as defined by the Fair Labor Standards Act only when they are needed to work. Individuals employed 18 in this category may exceed twelve months, but are not eligible for State benefits except for the option of contributing to the 19 State Retirement System. 20 30.36. (DHEC: Grand Strand Beach Renourishment Match) Any funds appropriated by the state for the Grand Strand 21 Beach Renourishment Project cannot be expended until the U.S. Army Corps of Engineers certifies to the Department of 22 Health & Environmental Control that the federal funds and the required funds from local governments for construction of 23 the Grand Strand Beach Renourishment Project are available for expenditure. 24 30.37. (DHEC: Cardiac Care Services) Notwithstanding any other provision of law, any facility which: (1) obtained a 25 certificate of need for diagnostic cardiac catheterization before July 10, 1992; (2) filed to obtain a certificate of need for 26 open-heart surgical services before January 1, 1993; and (3) has a written open-heart surgery back-up agreement with a 27 facility that provides an open-heart surgery service located within a thirty-minute one-way drive may provide therapeutic 28 cardiac catheterizations. The facility's authority to continue to provide therapeutic cardiac catheterizations terminates sixty 29 days after the effective date of any changes to the criteria contained in the State Health Plan for issuing a certificate of need 30 for open heart surgery. A facility may continue to provide therapeutic cardiac catheterizations after the sixty-day period only 31 if the facility has applied for a certificate of need for open heart surgery under the new criteria within sixty days of the new 32 criteria's effective date. The facility's authority to continue to provide therapeutic cardiac catheterizations during the period 33 while its certificate of need application under the new criteria is pending terminates upon the issuance of a final non- 34 appealable decision on the application for a certificate of need under the new criteria. 35 30.38. (DHEC: Allocation Patient Days) The Department will allocate additional Medicaid patient days authorized above 36 the previous fiscal year's level as provided in Proviso 30.18 based on a percentage of need indicated by the Community Long 37 Term Care waiting list. Not withstanding any other provision of law, of the additional patient days authorized above the 38 previous year's level as provided in Proviso 30.18, the Department may approve additional nursing home patient days/beds 39 not to exceed 11,680 patient days/32 beds for those facilities in those rural counties that have (1) only one nursing home; 40 (2) have no more than eighty-eight nursing home beds; (3) have more than 22 percent of the population age sixty-five and 41 over with an income below the poverty level; and, (4) are below the mean of the South Carolina median family income. A 42 Certificate of Need application for these rural counties must be received by the Department no later than August 1, 1996,
SECTION 30 - DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL PAGE 537 1 and the Department will reserve Medicaid patient days for up to ninety percent of the number of additional beds. 2 3 4 J12 - SECTION 31 - DEPARTMENT OF MENTAL HEALTH 5 6 31.1. (DMH: Medicare Revenue) All Federal Funds received by the Department of Mental Health from patients' 7 Medicare benefits shall be considered as patient fees under the provision of Act No. 1276 of the 1970 Acts (provision for 8 the issuance of bonds to be repaid from patient fees) except that the Department shall remit to the General Fund of the State 9 $290,963 from such funds to support the appropriation for administrative costs of the collection of Medicare benefits. The 10 Department shall retain and expend up to $3 million of all Medicare Revenue earned prior to July 1, of the prior fiscal year, 11 but received in the current fiscal year from cost recovery efforts, all additional prior earnings shall be remitted to the General 12 Fund, except that the cost and fees of identifying and collecting such additional Medicare Revenue to which the Department 13 is entitled may be paid from funds actually collected from such efforts. 14 31.2. (DMH: Paying Patient Account) Notwithstanding any other provision of law and in addition to other payments 15 provided in Part I of this Act, the Department of Mental Health is hereby directed during the current fiscal year to remit to 16 the General Fund of the State the amount of $3,800,000 to be paid from the surplus funds in the paying patient account which 17 has been previously designated for capital improvements and debt service under the provisions of Act 1276 of 1970. 18 31.3. (DMH: Patient Fee Account) Notwithstanding any other provisions of law and in addition to other payments 19 provided in Part I of this Act, the Department of Mental Health is hereby authorized during the current fiscal year, to provide 20 the funds budgeted herein for $6,214,911 for Departmental operations, $400,000 for the Continuum of Care, $10,000 for 21 the Alliance for the Mentally Ill, $250,000 for S.C. SHARE Self Help Association Regarding Emotions, $50,000 for 22 Palmetto Pathways, $50,000 for New Day Clubhouse and up to $685,000 for day-to-day operations at the Campbell Nursing 23 Home , from the Patient Fee Account which has been previously designated for capital improvements and debt service under 24 provisions of Act 1276 of 1970. The Department of Mental Health is authorized to fund the cost of Medicare Part B 25 premiums from its Patient Fee Account up to $150,000. The South Carolina Alliance for the Mentally Ill shall provide an 26 itemized budget before the receipt of funds and quarterly financial statements to the Legislative Governor's Committee on 27 Mental Health and Mental Retardation. The South Carolina Self-Help Association Regarding Emotions shall provide an 28 itemized budget before the receipt of funds and quarterly financial statements to the Legislative Governor's Committee on 29 Mental Health and Mental Retardation. DMH is authorized to use unobligated Patient Paying Fee Account funds for 30 community transition programs. The funds made available shall be utilized consistently with the Transition Leadership 31 Council's definition of severely mentally ill children and adults. The Department shall report their use of these funds to the 32 Legislative-Governor's Committee on Mental Health and Mental Retardation, the House Ways and Means Committee, and 33 the Senate Finance Committee. This amendment is made not withstanding other obligations currently set forth in this 34 proviso. 35 31.4. (DMH: Paying Patient Fee Hall Institute) Notwithstanding any other provisions of law and in addition to other 36 payments provided in this section, the Department of Mental Health is authorized to utilize up to $1,530,520 of the funds 37 collected from paying patients hospitalized in the acute care units of the William S. Hall Psychiatric Institute to defray the 38 cost of training mental health personnel and psychiatric research at that facility pursuant to Section 44-11-10(2), Code of 39 Laws of South Carolina, 1976; these being a part of the funds previously designated for capital improvements and debt 40 service under the provisions of Act 1276 of 1970. 41 31.5. (DMH: Institution Generated Funds) The Department of Mental Health is authorized to retain and expend 42 institution generated funds which are budgeted.
SECTION 31 - DEPARTMENT OF MENTAL HEALTH PAGE 538 1 31.6. (DMH: Harris Psychiatric Hospital Carry Forward) The Budget and Control Board shall authorize the Department 2 of Mental Health to carry forward any remaining funds allocated for Harris Psychiatric Hospital in the prior fiscal year to 3 assure full-funding of Harris Psychiatric Hospital in the current fiscal year. The Department is authorized to utilize these 4 funds to provide for community screening and service for potential admission to Harris Psychiatric Hospital. 5 31.7. (DMH: VA Nursing Home Carry Forward) The Department is authorized to carry forward into the current year, 6 funds allocated in the prior fiscal year for the operation of the Campbell Nursing Home. Funds carried forward shall be 7 expended for the same purpose during the current fiscal year. 8 31.8. (DMH: Transfer of Patients to DDSN) DMH is authorized to transfer to the Department of Disabilities & Special 9 Needs, state appropriations to cover the state match related to expenditures initiated as a result of the transfer of appropriate 10 patients from DMH to the Department of Disabilities & Special Needs. Notwithstanding any other provisions of law and 11 in addition to other payments as authorized in this Act, DMH is also authorized to utilize up to $500,000 from the Patient 12 Fee Account to help defray costs of these transferees. 13 31.9. (DMH: Harris Hospital Funds Transfer Notification) Prior to any transfer of funds from the current budget for 14 Harris Hospital, the Department shall notify the Chairmen of the Joint Appropriations Review Committee, the House Ways 15 and Means Committee and the Senate Finance Committee. 16 31.10. (DMH: Sale of Property Revenue) The Department may retain revenues associated with the sale of property and 17 may expend these funds on capital improvements approved by the Joint Bond Review Committee and the Budget and Control 18 Board. 19 31.11. (DMH: Department Owned Housing Rental) The Department of Mental Health may charge other than fair market 20 value for rental of department-owned housing when such rentals assist in the recruitment and training of mental health 21 professionals. 22 31.12. (DMH: Crafts Farrow/State Hospital) Notwithstanding the provisions of 44-11-10 of the SC Code of Laws, the 23 Department of Mental Health no longer must maintain the S.C. State Hospital and the Crafts-Farrow State Hospital as 24 separate institutions, but may use its appropriations contained in Part IA of this act to implement an administrative merger 25 to achieve improved patient care and to effect cost savings for the department. 26 27 28 J16 - SECTION 32 - DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS 29 30 32.1. (DDSN: Work Activity Programs) All revenues derived from production contracts earned by mentally retarded 31 trainees in Work Activity Programs be retained by the South Carolina Department of Disabilities & Special Needs and carried 32 forward as necessary into the following fiscal year to be used for other operating expenses and/or permanent improvements 33 of these Work Activity Programs. 34 32.2. (DDSN: Sale of Excess Real Property) The Department is authorized to retain revenues associated with the sale 35 of excess Department-owned real property and may expend these funds to purchase land and construct community residences 36 to serve the mentally retarded. In the construction of new facilities, the Department shall follow all the policies and 37 procedures of the Budget and Control Board and the Joint Bond Review Committee. 38 32.3. (DDSN: Prenatal Diagnosis) Revenues not to exceed $126,000 from client fees, credited to the debt service fund 39 and not required to meet the Department's debt service requirement, may be expended only in the current fiscal year to 40 promote expanded prenatal diagnosis of mental retardation and related defects by the Greenwood Genetic Center. 41 32.4. (DDSN: Medicaid Funded Contract Settlements) The Department is authorized to carry forward and retain 42 settlements under Medicaid-funded contracts.
SECTION 32 - DEPARTMENT OF DISABILITIES & SPECIAL NEEDS PAGE 539 1 32.5. (DDSN: Medicare Reimbursements) The Department may continue to budget Medicare reimbursements to cover 2 operating expenses of the program providing such services. 3 32.6. (DDSN: Departmental Generated Revenue) The Department is authorized to continue to expend Departmental 4 generated revenues that are authorized in the budget. 5 32.7. (DDSN: Patient Day Fee) The Department may exclude Medicaid revenues from the Intermediate Care Facilities 6 for the Mentally Retarded's patient day fee from indirect cost recovery payments. 7 32.8. (DDSN: Autistic Pilot Project) DELETED 8 9 10 J20 - SECTION 33 - DEPARTMENT OF ALCOHOL & OTHER DRUG ABUSE SERVICES 11 12 33.1. (DAODAS: School Intervention Activity) $1,149,204 of the amount appropriated as "Total Distribution to 13 Subdivisions" in Program III, Division of Programs and Services is intended to be used for the School Intervention activity 14 and none of this sum shall be used by the Department for the employment of personnel. 15 33.2. (DAODAS: Training & Conference Revenue) The Department may charge fees for training events and 16 conferences. The revenues from such events shall be deposited in the General Fund. 17 33.3. (DAODAS: Other Funded New Positions) The Department of Alcohol & Other Drug Abuse Services may fill 18 the other funded personnel authorized in this section only if such funds are available at the time the new positions are to be 19 filled. 20 33.4. (DAODAS: Chemical Dependency Programs) The Department of Alcohol & Other Drug Abuse Services shall use 21 one-time funding to reduce the recidivism rate of juvenile offenders through a transitional treatment program for addictions. 22 The Department will review the ability of parents of juvenile offenders to off-set the costs of this program through a sliding 23 scale fee-for-service and report on this in the evaluation of this program. In addition, the Department will develop a plan 24 for a coordinated, non-duplicative service delivery network through comprehensive utilization of community-wide services 25 and coordination of chemical dependency funding streams. The Department will present a report to the Governor's Office, 26 to the House Ways and Means Committee, and to the Senate Finance Committee no later than January 15, 1997. 27 28 29 K05 - SECTION 34 - DEPARTMENT OF PUBLIC SAFETY 30 31 34.1. (DPS: Special Events Traffic Control) The Highway Patrol must not charge any fee associated with special events 32 for maintaining traffic control and ensuring safety on South Carolina public roads and highways unless approved by the 33 General Assembly. Nothing shall prohibit the Treasury of the State from accepting voluntary payment of fees from private 34 or public entities to defray the actual expenses incurred for services provided by the Department of Public Safety. 35 34.2. (DPS: Miscellaneous Revenue) Notwithstanding any other provisions of law, revenue received from the sale of 36 meals to employees, sale of student locks and materials, sale of legal manuals and other publications, postal reimbursement, 37 third party Commercial Driver License testing, photo copying, sale of miscellaneous refuse and recyclable materials, tuition 38 from military breathalyzer courses, coin operated telephones, and revenue from canteen operations and building management 39 services, revenue from regional and national marketing of the "Crime-to-Court" and other Department of Public Safety and 40 E.T.V. series shall be retained by the Department and expended in budgeted operations for food services, expansion and 41 improvement programs as the Director of the Department's E.T.V. program, professional training, fees and dues, clothing 42 allowance and other related services or programs as the Director of the Department of Public Safety may deem necessary.
SECTION 34 - DEPARTMENT OF PUBLIC SAFETY PAGE 540 1 The Department of Public Safety shall report annually to the General Assembly the amount of miscellaneous revenue 2 retained and carried forward. 3 34.3. (DPS: Detective/Security Fee) The Department of Public Safety is hereby authorized to charge and collect 4 additional license and registration fees for private detective businesses, private security businesses, including employees of 5 these businesses, and companies which provide private security on their own premises. The funds generated will be retained 6 by the Department and used for the purpose of providing additional security in the Capitol Complex area. 7 34.4. (DPS: Realign Appropriations) In consultation with the House Ways and Means Committee and the Senate 8 Finance Committee, the Department of Public Safety is authorized to realign its Fiscal Year 1995-96 1996-97 appropriations 9 into a revised structure to reflect actual program operations. 10 34.5. (DPS: Revenue Generated Carry Forward) Notwithstanding any other provision of law, all revenue generated 11 by the Department of Public Safety from the sale of vehicles, various equipment, less the cost of disposition incurred by the 12 B & C Board Division of Operations, gasoline and insurance claims during the prior fiscal year may be retained and carried 13 forward into the current fiscal year and expended for the purpose of purchasing like items. 14 34.6. (DPS: Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, authorized to 15 be expended or used for any federal grant program may be retained and carried forward to the current fiscal year and used 16 for matching committed and/or unanticipated grant funds. 17 34.7. (DPS: Federal, Other Flow Through Funds) In order to complete projects begun in a prior fiscal year, the 18 Department of Public Safety is authorized to expend Federal and Earmarked Funds in the current fiscal year for expenditures 19 incurred in the prior fiscal year. 20 34.8. (DPS: Expenditures Limit) DELETED 21 34.9. (DPS: Publish County DMV Local Telephone Number) From the funds appropriated in Part IA, Section 34 to 22 the Department of Public Safety, it is the intent of the General Assembly that the Division of Motor Vehicles in each county 23 should have a local telephone number that is published. 24 34.10. (DPS: Cost Recovery Fee) The Department of Public Safety may collect fees to recover the costs of the 25 production, purchase, handling and mailing of documents, publications, records and data sets, and such funds shall be 26 retained by the agency. 27 34.11. (DPS: License Fees) Notwithstanding any provision of Title 56 of the 1976 Code relating to the disposition of 28 revenues, all revenues derived under Chapter 56 credited to the Department of Public Safety must be credited to the General 29 Fund of the state. 30 31 32 L04 - SECTION 35 - DEPARTMENT OF SOCIAL SERVICES 33 34 35.1. (DSS: Fee Retention) The Department of Social Services shall recoup all refunds and identified program 35 overpayments and all such overpayments shall be recouped in accordance with established collection policy. Funds of 36 $800,000 collected under the Child Support Enforcement Program (Title IV D) which are State Funds shall be remitted to 37 the State Treasurer and credited to the General Fund of the State. All state funds above $800,000 shall be retained by the 38 Department to fund Self-Sufficiency and Family Preservation and Support initiatives. 39 35.2. (DSS: Recovered State Funds) The Department shall withhold a portion of the State Funds recovered, under the 40 IV-D Program, for credit to the General Fund in order to allow full participation in the Federal "set off" program offered 41 through the Internal Revenue Service, the withholding of unemployment insurance benefits through the South Carolina 42 Employment Security Commission and reimbursement for expenditures related to blood testing. Such funds may not be
SECTION 35 - DEPARTMENT OF SOCIAL SERVICES PAGE 541 1 expended for any other purpose. The Department of Social Services be allowed to utilize the State share of Federally 2 required application fees, collected from Non-AFDC clients, in the administration of the Child Support Enforcement 3 Program. Such funds may not be expended for any other purpose. However, this shall not include Child Support 4 Enforcement Program incentives paid to the program from Federal Funds to encourage and reward cost effective 5 performance. Such incentives are to be reinvested in the program to increase collections of support at the State and County 6 levels in a manner consistent with federal laws and regulations governing such incentive payments. The Department shall 7 not use Clerk of Court incentive funds to replace agency operating funds. Such funds shall be remitted to the appropriate 8 state governmental entity to further child support collection efforts. 9 35.3. (DSS: Foster Children Burial) The expenditure of funds allocated for burials of foster children shall not exceed 10 one thousand five hundred dollars per burial. 11 35.4. (DSS: Assistance Payments Client List) The names of persons benefiting from assistance payments under the 12 several programs of the Department of Social Services shall be available to other state agencies, if not in conflict with federal 13 regulations. 14 35.5. (DSS: Residential Care Optional Supplement) From the appropriation made herein for General Assistance, the 15 Department will supplement the income of individuals who reside in those licensed residential care facilities that have an 16 approved Optional Supplement Request with the Department. Individuals who reside in those residential care facilities with 17 approved Optional Supplement Requests must also qualify as aged, blind or disabled under the definitions of Public Law 92- 18 603, U.S. Code, or who would qualify except for income limitations or residence in a residential care facility reclassified 19 as a public institution by the Social Security Administration. For the period of the current fiscal year, the Department will, 20 based on availability of funds, supplement the income of the above defined group up to a maximum of $741.00 $753.00 21 per/month and the residential care facilities are authorized to charge a fee of $708.00 $720.00 per/month for the defined 22 group. The Department will allow each individual in the defined group a $33.00 per/month personal needs allowance. If 23 the federal government grants a cost of living increase to Social Security and Supplemental Security Income recipients, the 24 Department will reduce the Optional Supplement by the amount of the cost of living income. Any surplus funds generated 25 as a result of the cost of living increase will be retained within the program and carried forward to fund the future cost of 26 operating the program. The Department shall establish the maximum number of Optional Supplement Requests that can be 27 funded from the funds appropriated herein and report this data to the House Ways and Means and Senate Finance 28 Committees within thirty days after the effective date of this act. All funds appropriated or generated for this program must 29 remain with the Optional Supplement program. Each residential care facility must submit to the Department prior to July 30 1 each year the number of Optional Supplement Requests for the above defined group to be served during the next twelve 31 months. Residential Care Facilities holding a slot will be allocated slots based on their current allocation and available funds. 32 The Department will develop a waiting list based on present and future applications received from each county. Slots will 33 be allocated to homes in the counties showing the greatest need. If a facility does not fill a vacant slot within ninety days 34 the slot will be reallocated. Payments shall be made to those individuals who reside in residential care facilities with assigned 35 slots. If a resident should decide to leave a residential care facility prior to the end of a month in which payment is made, 36 there will be no refund except in a case of a medical emergency. Each facility that participates in the Optional Supplement 37 Program must submit a notarized operating cost report. The Department will develop a form to be used by all facilities. 38 The cost information will include income and operating costs for the facility. The Department will develop a time schedule 39 for reports to be submitted. Facilities failing to adhere to the time schedule will not be eligible to receive Optional 40 Supplement payments. Information received by the Department will be consolidated and submitted to the Ways and Means 41 Committee and Senate Finance Committee. 42 35.6. (DSS: Child Day Care Facilities) Notwithstanding the provisions of Act 184 of 1977 as amended relating to child
SECTION 35 - DEPARTMENT OF SOCIAL SERVICES PAGE 542 1 day care facilities, the Department is granted the authority to grant provisional licenses, provisional approvals and provisional 2 registrations to new facilities covered under Articles II, III, and V of Act 184 of 1977 as amended for a period no longer 3 than a year and to grant or extend provisional licenses, provisional approvals and provisional registrations to existing facilities 4 covered under Articles II, III, and V of Act 184 of 1977 as amended but in no case beyond July 1, of the next fiscal year. 5 35.7. (DSS: Employee Supplement) No county shall supplement the salary of any DSS employee. 6 35.8. (DSS: Battered Spouse Funds) Appropriations included in Subprogram II E entitled Battered Spouse shall be 7 allocated through contractual agreement to providers of this service. These appropriations may also be used for public 8 awareness and contracted services for victims of this social problem including the abused and children accompanying the 9 abused. Such funds may not be expended for any other purpose nor be reduced by any amount greater than that stipulated 10 by the Budget and Control Board or the General Assembly for the agency as a whole. 11 35.9. (DSS: Court Examiner Service Exemption) In order to prevent the loss of Federal Funds to the State, employees 12 of the Department of Social Services whose salaries are paid in full or in part from Federal Funds will be exempt from 13 serving as court examiners. 14 35.10. (DSS: Accounts Receivable Procedures) The Department of Social Services will establish, and collect accounts 15 receivable in accordance with appropriate and applicable Federal regulations. 16 35.11. (DSS: Attorney or Guardian Ad Litem Fees) Effective July 1, of the current fiscal year, any monies appropriated 17 for the payment of attorneys' fees or Guardian ad Litem fees in either abuse and neglect, termination of parental rights, or 18 judicial review cases arising under Section 20-7-480, et. seq. of the SC Code of Laws, (1976, as amended), and adult 19 protective services cases under Section 43-29-10, et. seq. of the SC Code of Laws, (1976, as amended), shall only be paid 20 in accordance with DSS policy which shall include limits on awards and procedures for payment, in due consideration of 21 the Agency's budgetary limitations and specific funds allocated for such purposes. No other fees or costs associated with 22 the above referenced cases shall be paid unless expressly authorized by statute, court rules or DSS policy and provided that 23 sufficient funds have been allocated for such purposes. 24 35.12. (DSS: AFDC Advance Funds) The Department of Social Services is authorized to advance sufficient funds during 25 each fiscal year from the Aid to Families with Dependent Children Assistance Payments general fund appropriations to the 26 Aid to Families with Dependent Children Assistance Payments federal account only for the purpose of allowing a sufficient 27 cash flow in the federal account. The advance must be refunded no later than April of the same fiscal year. Upon the 28 advance of funds as provided herein, the Comptroller General is authorized to process the July voucher for the funding of 29 benefit checks. 30 35.13. (DSS: Fee Schedule) The Department of Social Services shall be allowed to charge fees and accept donations, 31 grants, and bequests for social services provided under their direct responsibility on the basis of a fee schedule approved 32 by the Budget and Control Board. The fees collected shall be utilized by the Department of Social Services to further 33 develop and administer these program efforts. 34 35.14. (DSS: Mentally Disabled Supplement) From the appropriation made herein for General Assistance, the 35 Department may elect to supplement the income of individuals who reside in foster homes or supported independent living 36 arrangements certified by the Department of Mental Health and who qualify as mentally disabled under the definitions of 37 Public Law 92-603, U.S. Code, or who would qualify except for income limitations with the supplement being at the same 38 rate as for other individuals who qualify for General Assistance. The Department shall contract with the Department of 39 Mental Health to ensure that the payments of General Assistance to persons who would not otherwise qualify except for this 40 proviso shall be transferred to the Department from the appropriations made to the Department of Mental Health. 41 35.15. (DSS: Work Support/Teen Companion Programs) The Department of Social Services shall be allowed to transfer 42 into the Administrative area of the Work Support/Teen Companion Programs, documented savings generated from reduced
SECTION 35 - DEPARTMENT OF SOCIAL SERVICES PAGE 543 1 AFDC Assistance Payments Caseloads as a result of these programs. 2 35.16. (DSS: Electronic Benefits Transfer System) The funds appropriated herein for the Electronic Benefits Transfer 3 System Pilot Project (EBT) shall be used for the development, start-up, and evaluation of the pilot system. The Department 4 of Social Services is directed to develop a request for proposals to pilot an Electronic Benefits Transfer System and 5 implement the pilot project proceed with planning for the expansion of the use of the EBT system for other government 6 benefits delivery, beginning with the Aid to Families with Dependent children program. The agency shall submit a status 7 report on the implementation of the system to the members of the Senate Finance and House Ways and Means Committees 8 by July 1, 1995. 1996. 9 35.17. (DSS: Medicaid Application) It is the intent of the General Assembly to encourage persons to apply for Medicaid 10 coverage, for the application process to be as simple as possible, and for workers to assist applicants as much as possible 11 in completing the application process. The Department of Health and Human Services shall work with the Department of 12 Social Services to develop a training package for Medicaid workers for use in the county offices. Training would include 13 substantive information on the Medicaid eligibility determination process as well as training in relating to clients and 14 applicants. Training and Medicaid management reports should be developed for county directors to enable them to manage 15 their Medicaid staff. 16 35.18. (DSS: Medicaid Program Employees) The Department of Health and Human Services shall work with the 17 Department of Social Services and contractually establish by slot number, location, and specific cost center those positions 18 who are dedicated to work in the Medicaid program. 19 35.19. (DSS: Food Stamp Fraud) The state portion of funds recouped from the collection of recipient claims in the 20 AFDC and Food Stamp programs shall be retained by the Department. A portion of these funds shall be distributed to local 21 county offices for emergency and program operations. The remaining funds will be used by the Department to fund our 22 Food Stamp Reinvestment Plan and other program operations. 23 35.20. (DSS: Day Care Centers) The Department shall continue the direct operation of day care centers in Colleton and 24 Charleston counties as long as the centers operate solely on revenues generated from fees or vouchers and without a subsidy 25 from state funds appropriated to the Department. 26 35.21. (DSS: AFDC - Immunizations Certificates) The Department shall require all AFDC applicants and/or recipients 27 to provide proof of age appropriate immunizations for children. If such immunizations have not been administered, the 28 Department shall assist in referring applicants to appropriate county health departments to obtain the immunizations. 29 35.22. (DSS: Fees for Court Witness in Child Welfare Services) Effective July 1, 1994, any monies appropriated for 30 the payment of court testimony in either abuse and neglect, termination of parental rights, or judicial review cases arising 31 under Section 20-7-480, et. seq. of the SC Code of Laws, 1976, as amended, and adult protective service cases under Section 32 43-35-10(9), et. seq. of the SC Code of Laws, 1976, as amended, shall only be paid in accordance with DSS policy which 33 shall include limits on awards and procedures for payment, in due consideration of the Agency budgetary limitations and 34 specific funds allocated for such purposes. Provided further that DSS shall pay up to a maximum hourly rate to Licensed 35 Psychologists, Social Workers, Nurses, Ministerial Counseling, Family and Marriage Counselors of $60 for counseling and 36 $60 for expert witness fees, to include travel time and DSS shall pay up to a maximum hourly rate to Physicians of $125 37 for expert witness fees, to include travel time. 38 35.23. (DSS: Foster Care Fingerprint Reviews) Notwithstanding the provisions of Section 20-7-1640, of the SC Code 39 of Laws, 1976, as amended, the Department is authorized to pay from funds appropriated in this section the costs of Federal 40 Bureau of Investigation fingerprint reviews for foster care families recruited, selected and licensed by the Department.
PAGE 544 1 L12 - SECTION 36 - JOHN DE LA HOWE SCHOOL 2 3 36.1. (JDLHS: Status Offender Carry Forward) To facilitate the period of initial program start-up, unexpended EIA 4 status offender funds distributed to John de la Howe School from the Department of Education may be carried forward and 5 used for the same purpose. 6 7 8 L24 - SECTION 37 - COMMISSION FOR THE BLIND 9 10 37.1. (BLIND: Matching Federal Funds) For the current fiscal year the amount appropriated in this section under 11 Program II for Rehabilitative Services is conditioned upon matching by federal funds to the maximum amount available under 12 the Federal Vocational Rehabilitation Program. 13 37.2. (BLIND: Horticulture Revenue) Revenues derived from the production of horticulture products by clients of the 14 Adult Adjustment and Training Center may be retained by the Commission and used in the facility for client payments and 15 other production costs. 16 17 18 L32 - SECTION 38 - HOUSING, FINANCE & DEVELOPMENT AUTHORITY 19 20 38.1. (HFDA: Federal Rental Assistance Administrative Fee Carry Forward) All federal rental assistance administrative 21 fees shall be carried forward to the current fiscal year for use by the Authority in the administration of the federal programs 22 under contract with the Authority. No State funds are to be used in the administration of these programs. 23 38.2. (HFDA: Program Expenses Carry Forward) For the prior fiscal year monies withdrawn from the Authority's 24 various bond-financed trust indentures and resolutions, which monies are deposited with the State Treasurer to pay program 25 expenses, may be carried forward by the Authority into the current fiscal year. By October 1, of the current fiscal year, 26 a report shall be submitted to the Senate Finance Committee and the House Ways and Means Committee, detailing the 27 amount carried forward and a detailed budget for its expenditure. 28 29 30 L36 - SECTION 39 - HUMAN AFFAIRS COMMISSION 31 32 39.1. (HAC: Sale of Publication) Up to $4,000 in revenue derived from the sale of 'The Blueprint' may be retained 33 and expended for the purpose of conducting future Human Affairs Forums. Any remaining balance may be expended for 34 the same purpose. 35 39.2. (HAC: Human Affairs Forum Carry Forward) Revenue derived from donations and registration fees received 36 for attendance at the Human Affairs Forum may be retained and carried forward into the current fiscal year and expended 37 for the purpose of conducting future Human Affairs Forums. 38 39.3. (HAC: Training Revenue) Revenue derived from fees charged by the Commission for consultative services, such 39 as training, community relations and technical services, shall be deposited in the General Fund.
PAGE 545 1 L46 - SECTION 40 - COMMISSION ON MINORITY AFFAIRS 2 3 40.1. (CMA: Private Contributions and Sponsorship) Monies derived from private sources for agency research, forums, 4 training and institutes may be retained and expended by the Commission for the said purpose. Any remaining balance may 5 be carried forward and expended for the same purpose. 6 40.2. (CMA: Carry Forward Registration Fees) Revenue derived from registration fees received from training and 7 institutes may be retained and carried forward for the purpose of conducting future training and institutes. 8 40.3. (CMA: Carry Forward Grant Awards) Revenues pooled from public and private sources for the purpose of 9 awarding grants to address problems in the minority community may be retained and carried forward by the Commission. 10 11 12 N04 - SECTION 41 - DEPARTMENT OF CORRECTIONS 13 14 41.1. (CORR: Clothes/Transportation Upon Discharge) Whenever an inmate shall be discharged from the Department 15 of Corrections, the State Board of Corrections thereof shall furnish such inmate with a suit of common clothes, if deemed 16 necessary, and transportation from the Department of Corrections to his home, if his home be within this State, or to the 17 County from which he was sentenced if his home be without this State. 18 41.2. (CORR: Extended Work Release Program Carry Forward) Revenue derived wholly from supervisory charges 19 paid by inmates participating in the Extended Work Release Program be retained by the Department of Corrections to 20 continue the program. Revenue collected and retained by the Department of Corrections in prior years from the Extended 21 Work Release Program be retained and carried forward to continue the Extended Work Release Program. 22 41.3. (CORR: Farm Program) Notwithstanding any provision of law to the contrary, the proceeds from the sale of all 23 excess agricultural products produced by the Farm Program of the South Carolina Department of Corrections shall be 24 retained by that agency to be utilized in the expansion and modernization of the program. 25 41.4. (CORR: Sale of Products) In addition to sales currently authorized by statute, all articles or products produced 26 by the Department of Corrections may be sold on the open market; those articles or products not provided for by statute, 27 are sold and distributed through wholesalers and jobbers within this State. 28 41.5. (CORR: Habilitation Unit for Developmentally Disabled) Notwithstanding any other provision of law to the 29 contrary, the excess revenue generated by the Adult Work Activity Center be returned to the Department of Corrections to 30 be utilized in the expansion and modernization of the Habilitation Unit for the Developmentally Disabled. 31 41.6. (CORR: Canteen Operations) Revenue derived wholly from the Canteen operations within the Department of 32 Corrections on behalf of the inmate population, may be retained and expended by the Department for the continuation of the 33 operation of said Canteens and the welfare of the inmate population. The Canteen operation is to be treated as an enterprise 34 fund within the Department of Corrections and is not to be subsidized by State Appropriated Funds. 35 41.7. (CORR: Contract for Services) Upon initiation by the South Carolina Department of Corrections, and upon prior 36 approval by the Budget and Control Board, the Department of Corrections may contract for any and all services, but such 37 services must (1) demonstrate reasonably comparable, cost-effectiveness to traditional methods of construction, (2) result in 38 long-term operational cost-savings, (3) result in the provision of a new facility of sufficient bed, program, and support space 39 more expeditiously than traditional methods, and (4) be subject to the year-to-year appropriation process of the General 40 Assembly and state procurement procedures. 41 41.8. (CORR: Contract Performance Funded Literacy Instruction) Of funds appropriated for the Palmetto Unified 42 School District Contractual Services, $75,000 must be used for contracting with private sector education providers for
SECTION 41 - DEPARTMENT OF CORRECTIONS PAGE 546 1 performance-funded literacy instruction. Contractors would be paid only for student progress on quantifiable performance 2 measurements. 3 41.9. (CORR: E.H. Cooper Trust Fund) Notwithstanding any provision of law to the contrary, the Commissioner of 4 the Department of Corrections, at his discretion, may utilize interest generated from the fund created by interest which 5 accrued to the E.H. Cooper Trust Fund and was retained by the Department of Corrections in prior years. The 6 Commissioner may use these funds for special projects benefiting the general welfare of all inmates in the custody of the 7 Board of Corrections. 8 41.10. (CORR: Work Release Program Transportation Fee) The Department is authorized to charge a one dollar ($1.00) 9 per day transportation fee to participants in the work release program. 10 41.11. (CORR: Instructional Salaries) The certified instructional personnel of the Department of Corrections shall receive 11 a percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the instructional 12 personnel throughout the State. 13 41.12. (CORR: Turbeville Correctional Institution) Funds appropriated herein shall be used for the opening and operating 14 of the Turbeville Correctional Institution during the current fiscal year. 15 41.13. (CORR: Ridgeland Correctional Institution) Of funds appropriated for the Housing, Care, Security and 16 Supervision Other Operating Expenses, $141,758 must be used to provide funding for water and sewer availability for the 17 prison located in Ridgeland, in accordance with contractual commitments. 18 41.14. (CORR: Ridgeland 24-Hour Security) Of funds authorized in this section for Housing, Care and Security, 19 $200,000 and 8 FTEs shall be used to provide 24-hour security at the Ridgeland Correctional Institution. 20 41.15. (CORR: Recreational Weight Room Equipment) All recreational weight room equipment within the South 21 Carolina Department of Corrections shall be disbursed in the following order: to the Department of Corrections Training 22 Facility, the Criminal Justice Academy and to the Department of Education for distribution to local school districts. The 23 Department of Corrections is prohibited from purchasing recreational weight room equipment for inmate use and if any 24 prison fails to remove the weights from inmates' use, then $10,000,000 of the State General Funds will be withheld from 25 the Other Operating Expenses of the Department of Corrections. 26 41.16. (CORR: Recreational Scoreboards and Bleachers) The recreational scoreboards and bleachers determined to be 27 surplus by the South Carolina Department of Corrections may be donated by the Department to the school district in which 28 the donating institution is located. In the event the school district does not have need for such equipment, it may then be 29 offered to any school district within the county in which the institution is located. 30 41.17. (CORR: Funding Through State Criminal Assistance Program) All funds received by the State from the United 31 States Department of Justice, State Criminal Alien Assistance Program, for care and custody of illegal aliens housed in the 32 state correctional facilities shall be retained by the South Carolina Department of Corrections to offset incurred expenses. 33 41.18. (CORR: Medical Expenses) The Department of Corrections shall be authorized to charge inmates for any medical 34 treatment or consultation provided at the request of or initiated by the inmate. Inmates shall not be charged for psychological 35 or mental health visits. 36 41.19. (CORR: Surplus Farm Produce) The Department of Corrections shall be authorized to sell surplus farm produce, 37 with any funds generated to be utilized by the Department to offset costs of the farming operation. 38 41.20. (CORR: Remedial Education Funding) A criminal offender committed to the custody of the Department of 39 Corrections, who has been evaluated to function at less than an eighth grade educational level, or less than the equivalent 40 of an eighth grade educational level, may be required by Department officials to enroll and actively participate in academic 41 education programs. Funds appropriated to the Department of Corrections for educational programs shall be prioritized to 42 assure such remedial services are provided.
PAGE 547 1 N08 - SECTION 42 - DEPARTMENT OF PROBATION, PAROLE & PARDON 2 3 42.1. (DPPP: Hearing Fee) The Department of Probation, Parole and Pardon Services shall receive a hearing fee under 4 a plan approved by the Budget and Control Board. 5 6 7 N12 - SECTION 43 - DEPARTMENT OF JUVENILE JUSTICE 8 9 43.1. (DJJ: Meal Ticket Revenue) The revenue generated from sale of meal tickets by the Department of Juvenile 10 Justice shall be retained and carried forward into the current fiscal year by the agency and expended for the operation of the 11 agency's cafeterias and food service programs. 12 43.2. (DJJ: Interstate Compact/Juvenile Restitution Programs Revenue) The revenue returned to the Interstate Compact 13 Program and the revenue returned from the Juvenile Restitution Program shall be retained and carried forward into the 14 current fiscal year by the Agency and expended for the Operation of the respective program areas. 15 43.3. (DJJ: Educational Funds Audit) Notwithstanding the provisions of the Education Finance Act, the South Carolina 16 Department of Juvenile Justice shall have its educational funds audited by the Office of the State Auditor pursuant to a 17 schedule established by the State Auditor, and said audit shall be sufficient to satisfy the timetable for audits required in 18 Regulation 43175. 19 43.4. (DJJ: Children's Projects Revenue) Funds generated from the projects undertaken by children under the 20 supervision of the Department of Juvenile Justice may be retained by the Department and utilized for the benefit of those 21 children. Such funds may be carried forward into the following fiscal year. 22 43.5. (DJJ: Report on Children Detained Before Adjudication) The South Carolina Department of Juvenile Justice shall 23 compile data for one year following the effective date of an Act of 1990 passed pursuant to Senate Bill 1485, and that data 24 must reflect the total number of children detained before adjudication, the reasons for those detentions, the average length 25 of those detentions, the percentage of children needing treatment services, and the types of treatment services needed 26 including, but not limited to, the number of children needing mental health services and the number of children needing 27 alcohol and drug abuse treatment. This data must be reported on a quarterly basis to the Joint Legislative Committee on 28 Children. 29 43.6. (DJJ: Revenues Generated) All revenues generated from USDA federal grants, the Education Finance Act (EFA), 30 the Detention Center, and Medicaid federal funding may be retained, carried forward into current fiscal year, and expended 31 by the Department of Juvenile Justice, in accordance with applicable regulations, for the costs associated with these 32 programs. 33 43.7. (DJJ: Instructional Salaries) The certified instructional personnel of the Department of Juvenile Justice shall 34 receive a percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the 35 instructional personnel throughout the State. 36 43.8. (DJJ: Juvenile Justice Parole Board Compensation) The Department is authorized to pay the Juvenile Justice 37 Parole Board member up to $200 per day for services rendered to the agency in the performance of their official duties. 38 The total amount of agency funds which can be utilized in this manner cannot exceed $48,000 per year.
PAGE 548 1 P12 - SECTION 44 - FORESTRY COMMISSION 2 3 44.1. (FC: Surplus Property Exemption) The South Carolina Forestry Commission may retain and apply all receipts, 4 less the cost of disposition incurred by the Division of Operations - Office of General Services, from the sale of surplus forest 5 firefighting equipment toward the purchase of forest firefighting equipment. 6 44.2. (FC: Ladies Island Fire Tower/Pickens Area Office) The South Carolina Forestry Commission is authorized to 7 sell 1.02 acres of real property with improvements, known as Ladies Island Fire Tower site located in Beaufort County and 8 to use the receipts from the sale for construction of the Pickens Area Office and in the Commission's Capital Improvements 9 Program. 10 44.3. (FC: Grant Funds Carry Forward) The S.C. Forestry Commission is authorized to use unexpended federal grant 11 funds in the current year to pay for expenditures incurred in the prior year. 12 13 14 P16 - SECTION 45 - DEPARTMENT OF AGRICULTURE 15 16 45.1. (AGRI: Market Bulletin) The Market Bulletin shall be mailed only to those persons who request it in writing and 17 a record of each request shall be maintained by the Department. The Department shall biennially purge the subscription list 18 through use of a coupon printed in the Bulletin. 19 45.2. (AGRI: Fruit/Vegetable Inspectors Subsistence) A daily subsistence allowance of up to $30.00 may be allowed 20 for temporarily employed fruits and vegetables inspectors from funds generated by fruits and vegetables inspection fees and 21 budgeted under Other funds in Program IV Marketing Services, E. Inspection Services, in lieu of reimbursements for meals 22 and lodging expense. 23 45.3. (AGRI: Commodity Boards Expenditures) Expenditures made for the various Commodity Boards (as budgeted 24 under Other funds in Program IV.C. Marketing Services: Commodity Boards) are exempt from regulations under the 25 Procurement Act of 1981. 26 45.4. (AGRI: Mobile Lab Fee) The Commissioner of Agriculture may set a nominal fee, not to exceed ten dollars, per 27 analysis performed by the Department's mobile laboratory. These fees may be retained and expended by the Department 28 of Agriculture to offset other operating expenses incurred by the mobile laboratory. 29 45.5. (AGRI: Matching Funds-Research Projects) DELETED 30 31 32 P20 - SECTION 46 - CLEMSON UNIVERSITY - PSA 33 34 46.1. (CU-PSA: Revenue Credited to General Fund) All revenues derived from the Regulatory and Public Service 35 Division covered in this section must be remitted to the credit of the General Fund. 36 46.2. (CU-PSA: Employer Contributions Carry Forward) That amount accrued and expended for employer 37 contributions associated with accrued salaries and wages but not remitted by June 30, of the prior fiscal year, may be carried 38 forward to the current fiscal year. 39 46.3. (CU-PSA: Pesticide Revenue) The first $140,000 in revenue from pesticide registration fees must be retained 40 by Regulatory and Public Service Programs to apply to expenses of centralizing its personnel and relocating its laboratories 41 from the Poole Agricultural Center. All revenues collected from pesticide registration fees in excess of $140,000 and up 42 to $50,000 of revenues collected from Structural Pest Control Businesses for Business licensing must be retained by
SECTION 46 - CLEMSON UNIVERSITY (PSA) PAGE 549 1 Regulatory and Public Service Programs to carry out provisions of the S.C. Pesticide Control Act as amended and pursuant 2 to regulations related to this Act. 3 46.4. (CU-PSA: Phytosanitary Certificates) Revenues collected from the issuance of phytosanitary certificates shall be 4 retained by the Division of Regulatory and Public Service for the purpose of carrying out phytosanitary inspections. 5 46.5. (CU-PSA: Witness Fee) The Public Service Activities of Clemson University are hereby authorized to charge 6 a witness fee of $100.00 per hour up to $400.00 per day for each employee testifying as an expert witness in civil matters 7 which do not involve the State as a party in interest. This fee shall be charged in addition to any court prescribed payment 8 due as compensation or reimbursement for judicial appearances and deposited into a designated revenue account. 9 10 11 P24 - SECTION 47 - DEPARTMENT OF NATURAL RESOURCES 12 13 47.1. (DNR: County Funds) Funds belonging to each of the counties of the State, now on hand or hereafter accruing 14 to the counties, shall be expended on approval of a majority of the respective county delegation, including the resident senator 15 or senators, if any. An annual accounting for all such funds and expenditures shall be furnished by the Department to each 16 member of each county delegation; it being the intent of the General Assembly that the appropriations made in this section 17 are conditioned upon compliance with this requirement. In addition to the annual accounting required above, the Department 18 shall make a proposal for expenditures of such funds in the succeeding fiscal year in each county to the members of the 19 respective county legislative delegation, including the resident senator or senators, if any; and upon approval thereby shall 20 proceed with the use of such funds in compliance with the finalized and approved plan as approved by each legislative 21 delegation. If no plan is approved, the expenditure of such funds is to be administered as determined by the various 22 legislative delegations. 23 47.2. (DNR: County Game Funds/Equipment Purchase) Any equipment purchased by the Department from county 24 game funds on approval of a majority of a county delegation, including the resident senator or senators, if any, shall remain 25 in that county upon the request of a majority of the respective county delegation, including the resident senator or senators, 26 if any, and if sold by the Department, the proceeds of such sale shall be credited to such county game fund. Expenditures 27 from the County Game Fund and the Water Recreation Resource Fund which have the approval of the county delegation shall 28 be exempt from the provisions of Act 651 of 1978, as amended. 29 47.3. (DNR: Armed Forces Fishing/Hunting License) Any member of the armed forces of the United States who is 30 a resident of South Carolina stationed outside of the state, shall upon presentation of his official furlough or leave papers, 31 be allowed to fish or hunt without purchasing a fishing or hunting license. 32 47.4. (DNR: Fisheries) Notwithstanding the provisions of Section 50-9-460, one-half of all proceeds from the sales 33 under 50-9-460 shall be allocated to the Department for the propagation and conservation of fisheries resources. 34 47.5. (DNR: Publications Revenue) For the current fiscal year all revenue generated from the sale of the 'South 35 Carolina Wildlife' magazine, its by-products and other publications, shall be retained by the Department and used to support 36 the production of same in order to allow the magazine to become self-sustaining. 37 47.6. (DNR: Casual Sales Tax Collection) The Department of Natural Resources shall continue to collect the casual 38 sales tax as contained in the contractual agreement between the Department of Revenue and Taxation and the Department 39 of Natural Resources and the State Treasurer is authorized to reimburse the Department on a quarterly basis for the actual 40 cost of collecting the casual sales tax and such reimbursement shall be paid from revenues generated by the casual sales tax. 41 47.7. (DNR: Temporary Transfer of Conservation Officers) Without expending additional personal service funds, 42 conservation officers may be temporarily transferred for a period not to exceed six months, to counties requiring additional
SECTION 47 - DEPARTMENT OF NATURAL RESOURCES PAGE 550 1 law enforcement manpower. When a conservation officer is transferred under the authority of this provision, any county 2 game funds which are expended for the acquisition of supplies and equipment must be expended from the game fund of the 3 county to which the officer is transferred. 4 47.8. (DNR: General Assistance County Appropriation) The appropriations in this section for "Aid To Conservation 5 Districts" shall be used by the Soil and Water Conservation Districts for general assistance to the district's program. No 6 district shall receive any funds under this provision unless the county or counties wherein the district is located shall have 7 appropriated no less than three hundred dollars to the district from county funds for the same purposes. 8 47.9. (DNR: Proportionate Funding) Each of South Carolina's 46 Soil and Water Conservation Districts shall receive 9 a proportionate share of funding set aside for Aid to Conservation Districts up to $8,000 per district. Available funding 10 above $8,000 for each district will be apportioned by the Department of Natural Resources based upon local needs and 11 priorities as determined by the Board. 12 47.10. (DNR: Carry Forward - Contract for Goods & Services) If any funds accumulated by the Department of Natural 13 Resources Geology Program, under contract for the provision of goods and services not covered by the Department's 14 appropriated funds, are not expended during the preceding fiscal years, such funds may be carried forward and expended 15 for the costs associated with the provision of such goods and services. 16 47.11. (DNR: Revenue Carry Forward) The Department may collect, expend and carry forward revenues derived from 17 the sale of goods and services in order to support aerial photography, map services, climatology data and geological services. 18 The Department shall annually report to the Ways and Means and Senate Finance Committees the amount of revenue 19 generated from the sale of these goods and services. 20 47.12. (DNR: Clothing Allowance) The Department of Natural Resources is hereby authorized to provide Natural 21 Resource Enforcement Officers on special assignment with an annual clothing allowance (on a prorata basis) not to exceed 22 $400 per officer for required clothing used in the line of duty. 23 47.13. (DNR: County Funds Expenditure) DELETED 24 25 26 P26 - SECTION 48 - SEA GRANT CONSORTIUM 27 28 48.1. (SGC: Publications Revenue) Funds generated by the sale of pamphlets, books, and other printed materials, the 29 production of which has been supported by non-state funding, may be deposited in a special account by the Consortium and 30 utilized as Other Funds for the purchase of additional pamphlets, books, and other printed materials for distribution to the 31 public. 32 33 34 P28 - SECTION 49 - DEPARTMENT OF PARKS, RECREATION & TOURISM 35 36 49.1. (PRT: Canadian Day) The Department when expending the $85,000 appropriation herein contained for a 37 Canadian Promotion shall designate one day of such promotion as "Canadian Day" and notwithstanding any other provision 38 of law, all Canadians shall be allowed admittance to state parks and use of park camping facilities on Canadian Day free of 39 charge. 40 49.2. (PRT: Boyleston House Gift/Souvenir Shop Revenue) Any monies derived from the Gift/Souvenir Shop at the 41 Boyleston House must be used for the continuing operation of same. 42 49.3. (PRT: Publications Revenue) The Department is authorized to charge a fee for the cost of vacation guides,
SECTION 49 - DEPARTMENT OF PARKS, RECREATION & TOURISM PAGE 551 1 research reports, educational conferences, technical planning assistance, technical drawings, and mailing lists. The fee shall 2 offset the actual cost of producing or providing such items and revenue in an amount necessary to offset actual cost shall 3 be retained in a restricted account. Any revenue generated above the actual cost shall be remitted to the General Fund of 4 the State. 5 49.4. (PRT: Tourism Funds Sharing Grants) Notwithstanding any other provision of law or appropriation herein 6 contained, the Horry-Georgetown Tourism Commission is not eligible to receive any tourism funds-sharing grants. 7 49.5. (PRT: Scholarship Program) The Department of Parks, Recreation and Tourism is hereby authorized to establish 8 a scholarship program with Clemson University, South Carolina State University, Sumter Technical College, Trident 9 Technical College, Horry-Georgetown Technical College, Technical College of the Low Country, and other South Carolina 10 institutions of higher education for the purpose of assisting students majoring in park-related fields such as park management, 11 interpretation or conservation relative to potential future employment with the State Parks Division. 12 13 14 P32 - SECTION 50 - DEPARTMENT OF COMMERCE 15 16 50.1. (CMRC: Development - Publications Revenue) The proceeds from the sale of publications may be retained in 17 the agency's printing, binding, and advertising account to offset increased costs. 18 50.2. (CMRC: Development - Enterprise Development Inc. Contract) The Division of State Development may contract 19 with Enterprise Development, Inc. of South Carolina to provide and perform the following functions: 20 1. State Enterprise Development Strategy to include: 21 a) Technical/management assistance to emerging businesses; 22 b) Risk capital development for emerging businesses; 23 c) Incubator system (emphasis on industry and university-linked incubators) to nurture high growth business 24 ventures; 25 d) Strategic marketing to emerging businesses; 26 e) Regional enterprise development coordination. 27 2. Comprehensive approach to technology transfer to include all industries. 28 3. Educational environment for entrepreneurial development. 29 4. Statewide business information center. 30 These contractual services may be funded through the transfer of up to $550,000 of budgetary monies from the Division 31 of State Development. The corporation, as a condition of receiving the contract, must provide in its charter that the 32 Chairmen of the House Ways and Means Committee and the Senate Finance Committee, or their designees, are ex-officio 33 members of the corporate board. 34 50.3. (CMRC: Economic Dev. Coordinating Council - SCIP Carry Forward) From the amount set aside in 12-27-1270, 35 the Council is authorized to use up to $60,000 to continue to contract with the Division of State Development for the 36 development of the South Carolina Infrastructure-Economic Development Planning Project (SCIP) utilizing Geographic 37 Information Systems, GIS. Any balance on June 30 of the prior fiscal year may be carried forward and expended for the 38 same purposes in the current fiscal year. 39 50.4. (CMRC: Savannah Valley - Carry Forward) The Division of Savannah Valley Development is hereby authorized 40 to carry forward unexpended funds, regardless of their origin, for the authorized purposes of the Development as specified 41 in its legislation. 42 50.5. (CMRC: Aeronautics - Civil Air Patrol) The funds appropriated in this section under program V VII.T "Civil
SECTION 50 - DEPARTMENT OF COMMERCE PAGE 552 1 Air Patrol" shall be expended by the Director Civil Air Patrol so as to discharge the State's obligations in conjunction with 2 the Civil Air Patrol as outlined in the SARDA Plan, the S. C. Operational Radiological Emergency Response Plan, and assist 3 County and local authorities and other State agencies insofar as permitted by the regulations governing the Civil Air Patrol. 4 The Director shall further expend funds for the maintenance and acquisition of equipment which, in his opinion, shall 5 increase the Civil Air Patrol's ability to perform its mission, and may expend not more than twenty-five per cent of the Patrol 6 funds in the "CAP AEROSPACE EDUCATION" and "CADET" programs. The Director may expend funds to hire such 7 administrative personnel as may be necessary to administer the above outlined programs. All expenditures for equipment 8 and services shall be in accordance with State fiscal policies. 9 50.6. (CMRC: Aeronautics - Reimbursement for Services Carry Forward) The Division of Aeronautics may retain and 10 expend reimbursements derived from charges to other government agencies for service and supplies for operating purposes 11 and that a reserve not to exceed $300,000 may be carried forward to the current fiscal year for the replacement of time limit 12 aircraft components. 13 50.7. (CMRC: Aeronautics - Air Force Office Space Rental) Revenue received for rental of office space to the U. S. 14 Air Force may be retained and expended to cover the cost of building operations. 15 50.8. (CMRC: Aeronautics - Cost of Utilities) The Division of Aeronautics shall not pay for all or any portion of the 16 cost of utilities at any airport or facility except for buildings occupied by the Division of Aeronautics. 17 50.9. (CMRC: Aeronautics - Funding Sequence) All General Aviation Airports will receive funding prior to the four 18 air carrier airports (i.e. Columbia, Charleston, Greenville-Spartanburg, Myrtle Beach Jetport) as these qualify for special 19 funding under the DOT/FAA appropriations based on enplanements in South Carolina. This policy may be waived to provide 20 matching State funds for critical FAA safety or capacity projects at air carrier airports. 21 50.10. (CMRC: Aeronautics - Hangar/Parking Facilities) The Division of Aeronautics will provide hangar/parking 22 facilities for government owned and/or operated aircraft on a first come basis. The funds collected are to be deposited to 23 the General Fund. The Hangar Fee Schedule shall be as follows: 24 Single Engine - $ 50.00 per month 25 Twin Engine - $ 75.00 per month 26 Jet/Turboprop - $100.00 per month 27 Helicopter - $ 75.00 per month 28 Permanent parking/tie down space will be provided at the rate of $20.00 per month for single engine aircraft, or $30.00 per 29 month for twin engine aircraft. Personnel from the agencies owning and/or operating aircraft will be responsible for ground 30 movement of their aircraft. 31 50.11. (CMRC: Aeronautics - Utilize DOT Services) The Division is authorized on a reimbursement basis, to utilize 32 services of the Department of Transportation to assist in providing coordinated and continuing legal and other services in 33 transportation and related matters. 34 50.12. (CMRC: Aeronautics - Airport Planning/Development Studies Carry Forward) Any unexpended balance on June 35 30, of the prior fiscal year, of appropriations to the Division for airport planning and development studies may be carried 36 forward into the current fiscal year, and expended for the same purposes. 37 50.13. (CMRC: Aeronautics - Airport Development) Any line item appropriation for airports shall be disbursed for 38 eligible airport development items as approved by the Division. 39 50.14. (CMRC: Aeronautics - Clothing Allowance) The Division of Aeronautics is hereby authorized to provide pilots 40 with an annual clothing allowance (on a pro rata basis) not to exceed $400 per pilot for required clothing used in the 41 performance of their primary duty. 42 50.15. (CMRC: Contributions Carry Forward) The Department of Commerce is authorized to carry forward unexpended
SECTION 50 - DEPARTMENT OF COMMERCE PAGE 553 1 contributions received from member agencies of the Economic Development Coordinating Council to be used for operating 2 expenses and to offset contributions in the current fiscal year. 3 50.16. (CMRC: Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, for Matching 4 National Grant Funds, may be carried forward to the current fiscal year and used for matching committed and/or 5 unanticipated grant funds. 6 50.17. (CMRC: Supplemental Carry Forward) Any unexpended funds from FY 94 Supplemental Appropriation Act 7 (#528), Section 3(11) and Section 3(42) for airport improvements may be carried forward from FY 95 into FY 96 and 8 expended for the same purpose. 9 50.18. (CMRC: Carry Forward Sale of Aircraft Proceeds) The Department of Commerce may carry forward proceeds 10 from the sale of aircraft to be used for replacement aircraft. 11 50.19. (CMRC: Aeronautics Report to General Assembly) The Aeronautics Division of the Department of Commerce shall 12 submit a report to the General Assembly detailing the sale of state aircraft in FY 95-96, including the amounts of any and 13 all sales and/or trades, and how much in savings the Division and the Department will realize in their respective operations 14 budget for FY 95-96. The Division shall also include in its report the projected amount of savings it and the Department 15 expect to realize during FY 96-97 from the sale of state aircraft as a result of no longer expending funds for the operation 16 of the aircraft sold in FY 95-96. The reports shall be submitted to the General Assembly within sixty (60) days of July 1, 17 1996. 18 19 20 R04 - SECTION 54 - PUBLIC SERVICE COMMISSION 21 22 54.1. (PSC: Assessment Certification) The Public Service Commission shall certify to the Department of Revenue and 23 Taxation the amounts to be assessed to cover appropriations in this section as follows: (1) the amount applicable to the 24 assessment on public utility, telephone utility, radio common carrier and electric utility companies as provided for by Section 25 58-3-100, Code of Laws of 1976, (2) the amount to be assessed against gas utility companies as provided for in Section 58-5- 26 940, Code of Laws of 1976, (3) the amount to be assessed against electric light and power companies as provided for in 27 Sections 58-3-100 and 58-27-50, Code of Laws of 1976, and (4) the amount to be covered by revenue from motor transport 28 fees as provided for by Section 58-23-630, and other fees as set forth in Section 58-3-100, Code of Laws of 1976. The 29 amount to be assessed against railroad companies shall consist of all expenses related to the operations of the Railway 30 subprogram of the Agency's Transportation Division, to include the related distribution of salary increments and employer 31 contributions not reflected in the related subprogram of this Act as set forth in Section 58-3-100, Code of Laws of 1976. 32 54.2. (PSC: Indirect Cost) The assessment certification prepared for the Department of Revenue and Taxation shall 33 include an allocation of indirect cost as approved by the Budget and Control Board representing the Public Service 34 Commission's proportionate share of the cost of central State government. 35 54.3. (PSC: Motor Transport Fee Refund) The Motor Transport Division of the Public Service Commission is hereby 36 authorized to make refunds of fees which were erroneously collected. 37 54.4. (PSC: Certification Assessment for Commission Expenses) The Public Service Commission shall make such 38 certification as required under Section 58-3-100, Code of Laws of 1976. 39 54.5. (PSC: Attorneys Appointment) The three attorneys provided for in this section under Program I "Administration" 40 shall be appointed by the Commission with the approval of the Attorney General and be assigned to the Commission. 41 54.6. (PSC: Maximum Salary Limit) The salaries of the chairman and the commissioners as provided in this section 42 shall not be construed as limiting the maximum salary which may be paid to other employees of the Public Service
SECTION 54 - PUBLIC SERVICE COMMISSION PAGE 554 1 Commission. 2 54.7. (PSC: Commissioners Out-of-State Allowance) When out-of-state, Public Service Commissioners are allowed 3 $50.00 per diem or actual expenses as deemed reasonable by the Comptroller General. 4 54.8. (PSC: Temporary Cash Loan) The Budget and Control Board's Office of State Budget may transfer a temporary 5 cash loan up to $1,000,000 to the Public Service Commission for startup purposes as an Other Funded agency for Fiscal Year 6 1995-96 from funds which the Office of State Budget manages in Section 17. These funds must be repaid by the Public 7 Service Commission as soon as practical but not later than December 31, 1995. 8 54.9. (PSC: RIF Due to Trucking Deregulation) Employees affected by a reduction in force at the PSC due to 9 deregulation of the trucking industry at the Public Service Commission must be afforded, if qualified, first preference for 10 all vacant positions that are offered to be filled, as of July 1, 1995, to July 1, 1996, by the Department of Transportation, 11 Department of Public Safety, the Highway Patrol, SLED, and Department of Natural Resources. No hiring freeze adopted 12 in this Act shall apply to this section. 13 14 15 R08 - SECTION 55 - WORKERS' COMPENSATION COMMISSION 16 17 55.1. (WCC: Physicians & Surgeons Schedule of Fees Revenue) All revenue earned from the sale of the Commission's 18 publication Schedule of Fees for Physicians and Surgeons shall be retained by the agency to be used for the printing and 19 distribution of subsequent revised editions of the schedule. 20 55.2. (WCC: Educational Seminar Revenue) Beginning in FY 94-95, all revenue earned from educational seminars shall 21 be retained by the agency to be used for the printing of educational materials and other expenses related to conducting the 22 seminar. 23 55.3. (WCC: Commissioners Out-of-State Allowance) When out-of-state, Workers' Compensation Commission 24 commissioners are allowed $50.00 per diem or actual expenses as deemed reasonable by the Comptroller General. 25 26 27 R12 - SECTION 56 - STATE ACCIDENT FUND 28 29 56.1. (SAF: Medical Claims Penalty Clause) Medical claims against the State Accident Fund shall not be subject to 30 the 30 day penalty clause as set forth in Section 17 of Act 148 of 1981 as amended by Part II, Section 9, of Act 466 of 1982, 31 until such claims are approved by the Workers' Compensation Commission and received by the Fund. 32 56.2. (SAF: Volunteer Fire/Rescue Squads Coverage) Notwithstanding any other provision of law, voluntary firemen 33 of organized volunteer fire units and members of organized volunteer rescue squads are covered under workers' compensation 34 by the county governing body unless the governing body of the county opts out of the coverage. 35 56.3. (SAF: Educational Seminar Revenue) The State Accident Fund is authorized to set and collect fees for educational 36 seminars. All revenue earned from educational seminars shall be retained by the agency and used for supplies, materials, 37 and other expenses relating to the seminars. 38 39 40 R20 - SECTION 59 - DEPARTMENT OF INSURANCE 41 42 59.1. (INS: Rate Division Auto Insurers Assessment) The costs of operating the Rate Division shall be borne by
SECTION 59 - DEPARTMENT OF INSURANCE PAGE 555 1 insurers of automobile insurance. Not later than sixty days after the effective date of this Act, the Chief Insurance 2 Commissioner shall assess each automobile insurer for its just proportion of the amount appropriated by the General 3 Assembly herein for the operation of the Rate Division, such amount to also include appropriated salary adjustments and 4 employer contributions allocable to the Rate Division. Such assessments shall be in the proportion that each insurer's 5 preceding calendar year direct written premium for automobile insurance in this State bears to the total direct written 6 premium for all insurers of automobile insurance in this State during such preceding calendar year. For purposes of this 7 section, direct written premium shall be as reflected in the latest annual statements of automobile insurers in this State filed 8 with the Commissioner. Funds appropriated by the General Assembly for the operation of the Rate Division shall be 9 advanced by the State until the assessments levied herein are collected and deposited in the General Fund of the State. 10 59.2. (INS: Examiners Travel/Subsistence Reimbursement) Notwithstanding the limitations in this Act as to amounts 11 payable or reimbursable for lodging, meals, and travel, the Department of Insurance is authorized to reimburse Department 12 examiners in accordance with guidelines established by the National Association of Insurance Commissioners only when the 13 State is reimbursed by an insurance company for the travel and subsistence expenses of Insurance Department examiners 14 pursuant to S. C. Code Section 38-13-10, 1976. 15 59.3. (INS: Reimbursement Carry Forward) Reimbursements received for Data Processing Services, Revenue, 16 Miscellaneous Revenue and Sale of Listings and Labels shall be retained for use by the Department. These funds may be 17 carried forward in the current fiscal year to be expended for the same purposes. 18 19 20 R23 - SECTION 60 - STATE BOARD OF FINANCIAL INSTITUTIONS 21 22 60.1. (FI: Supervisory Fees) The Board of Financial Institutions shall fix supervisory fees of banks, savings and loan 23 associations and credit unions on a scale which, together with fees collected by the Consumer Finance Division will fully 24 cover the total funds expended under this section. 25 26 27 R28 - SECTION 61 - DEPARTMENT OF CONSUMER AFFAIRS 28 29 61.1. (CA: Consumer Protection Code Violations Revenue) Funds, paid to the Department in settlement of cases 30 involving violations of the South Carolina Consumer Protection Code and other statutes enforced by the Department be 31 retained and expended within the agency's budget to help offset the costs of investigating, prosecuting, and the administrative 32 costs associated with these violations, may be carried forward and expended for the same purposes in the current fiscal year. 33 61.2. (CA: Student Athlete/Agents Registration) Funds received by the Department of Consumer Affairs pursuant to 34 registrations under Chapter 102 of Title 59 of the 1976 Code may be retained by the Department for its enforcement duties 35 relating to athlete agents and student athletes under that chapter. 36 61.3. (CA: Expert Witness/Assistance Carry Forward) Unexpended encumbered appropriated funds for the Consumer 37 Advocacy expert witness/assistance program (under Section 37-6-603) may be carried forward into the next fiscal year to 38 meet contractual obligations existing at June 30, and not paid by July 31.
PAGE 556 1 R36 - SECTION 62 - DEPT. OF LABOR, LICENSING & REGULATIONS 2 3 62.1. (LLR: Fire Marshal - Authorization to Charge Fees for Training) The Fire Academy of the State Fire Marshal 4 Division may charge participants a fee to cover the cost of education, and training programs and operations. The revenue 5 generated may be applied to the cost of operations, and any unexpended balance may be carried forward to the current fiscal 6 year and utilized for the same purposes. 7 62.2. (LLR: Real Estate Research & Education Program Funds) Any funds on deposit with the State Treasurer for 8 research and education programs of the Real Estate Commission shall be remitted to the General Fund of the State. 9 62.3. (LLR: Real Estate - Research & Education Projects) All funds appropriated, in this section, for Research and 10 Education projects shall be funded wholly, out of the Real Estate Commission authorized allocation of five dollars from each 11 annual renewal fee. All funds appropriated in this section, for Research and Educational projects shall be expended for the 12 purpose designated. 13 62.4. (LLR: Real Estate News Publication) The South Carolina Real Estate News, published at least quarterly by the 14 Real Estate Commission, shall be exempt from Section 11-25-690, SC Code of Laws, (1976, as amended). 15 62.5. (LLR: Real Estate - Special Account) Revenue in the Real Estate Appraisal Registry account shall not be subject 16 to fiscal year limitations and shall carry forward each fiscal year for the designated purpose. 17 62.6. (LLR: S.C. Building Code Council) All funds received by the Building Codes & Regulatory Services for the S.C. 18 Building Code Council which exceed the total amount of expenditures for operating expenses of the Council shall be 19 deposited in the General Fund of the State. 20 62.7. (LLR: POLA - 110%, Other Funds) The Professional and Occupational Licensing Agencies in Program "IV. 21 Professional and Occupational Licensing Offices", within the Department of Labor, Licensing, and Regulation, must generate 22 revenue at least equal to 110% of their expenditures with 10% deposited to the General Fund. The Contractor's Licensing 23 Board must remit all revenues above their expenditures to the General Fund, which includes the 10%. 24 62.8. (LLR: Fallen Firefighters Memorial) The Department of Labor, Licensing and Regulations - Division of the State 25 Fire Marshal is authorized to erect a memorial on the South Carolina Fire Academy grounds in honor of the South Carolina 26 Firefighters who have died in the act of duty. In order to carry out the purpose of this section, the Department's State Fire 27 and Safety Division is authorized to establish a special account and accept gifts or grants of services, properties or monies 28 from individuals or public and private organizations. The Department shall cooperate with the S.C. State Fire Fighters 29 Association as to design, selection and construction of the monument to be erected and shall be authorized to use such funds 30 as necessary. All excess monies collected are to be placed in a fund for upkeep and maintenance. Any later contributions 31 are to be used for upkeep and maintenance. 32 33 34 R44 - SECTION 63 - DEPARTMENT OF REVENUE AND TAXATION 35 36 63.1. (DOR: Alcoholic Liquor Revenues) Appropriations in this Act to cover the cost of the administration and 37 enforcement of alcoholic liquor laws by the Department of Revenue and Taxation and appropriations in this Act for expenses 38 of the State Law Enforcement Division - ABC Enforcement shall be deducted from the total revenues from alcoholic liquors 39 before distributions of such revenues to the counties and municipalities of the State and such amounts withheld shall be 40 remitted to the General Fund of the State. 41 63.2. (DOR: Cost Recovery Fee) The Department of Revenue and Taxation may collect fees to recover the costs of 42 the production, purchase, handling and mailing of documents, publications, records and data sets, and such funds shall be
SECTION 63 - DEPARTMENT OF REVENUE & TAXATION PAGE 557 1 retained by the Agency. 2 63.3. (DOR: Subpoenaed Employee Expense Reimbursement) If any employee of the Department of Revenue and 3 Taxation is subpoenaed to testify during litigation not involving the Department of Revenue and Taxation, the party 4 subpoenaing the employee(s) to testify shall reimburse the State for expenses incurred by the employee(s) requested to testify. 5 Expenses shall include but are not limited to the cost of materials and the average daily salary of the employee or employees. 6 63.4. (DOR: Bingo and Video Poker Revenue) As to revenue derived from the provisions of Chapter 21, Title 12, 7 which is collected from bingo, the Department of Revenue and Taxation may withhold from the General Fund portion of 8 this revenue the actual costs, not to exceed $50,000 per fiscal year, of bingo tickets purchased and used by agents of the 9 Department of Revenue and Taxation of Bingo audit activity and of criminal record checks pursuant to the evaluation of 10 applications for bingo licenses. As to revenue derived in accordance with S.C. Code Ann. Section 12-21-2720(3), the 11 Department of Revenue may withhold the actual costs, not to exceed $250,000 per fiscal year, of video game machine audit 12 and regulatory enforcement activity by agents of the Department of Revenue. Any winnings resulting from these activities 13 must be deposited to the General Fund. The Department shall strictly enforce Regulation 117-190 in order to prevent the 14 licensing and operation of large scale video gaming operations. The Department shall coordinate with the State Law 15 Enforcement Division in the regulation of video game operations in establishments which are authorized under both Sections 16 12-21-2720 through 12-21-2808 and Title 61 of the South Carolina Code. The Department annually shall make a report to 17 the Governor and General Assembly outlining the collection activities as a result of this proviso. 18 63.5. (DOR: Court Order Funds Carry Forward) Funds awarded to the Department of Revenue and Taxation by court 19 order shall be retained in a special account and shall be carried forward from year to year, and expended as needed to 20 accomplish the purposes and conditions of said order if specified, and if not specified, as may be directed by the Tax 21 Commissioners. 22 63.6. (DOR: Road Tax Indicia) As to revenue collected from the Road Tax on Motor Carriers, the Department of 23 Revenue and Taxation may withhold from the State highway fund portion of this revenue the actual cost, not to exceed 24 $75,000 per fiscal year, of the registration cards and identification markers issued under the provisions of Section 12-31-250. 25 63.7. (DOR: Sale of Abandoned Property) In accordance with Section 27-18-240, C.L.S.C., South Carolina Code 26 Section 27-18-240, as to the proceeds from the sale of abandoned property under Section 27-18-230, the Department of 27 Revenue and Taxation may deduct from any deposit to the credit of the General Fund costs in general support of the location, 28 identification and sale of abandoned property, subject to the following limitations: (a) the total deduction may not exceed 29 5% of the amount credited to the General Fund for this revenue source in the same fiscal year, and (b) the total deduction 30 may not exceed actual costs for the same fiscal year. 31 63.8. (DOR: Assessor Training) Pursuant to the enforcement of Section 12-37-110, C.L.S.C., South Carolina Code 32 Section 12-37-110, the Property Division of the Department of Revenue and Taxation may charge participants a fee to cover 33 the cost of pertinent education and training programs. The revenue generated may be applied to the cost of the related 34 operation, and any unexpended balance may be carried forward to subsequent fiscal periods and utilized for the same 35 purpose. 36 63.9. (DOR: Professional Designation or License Cost) Whenever a professional designation or license is a legislatively 37 mandated requirement for employment by the Department of Revenue and Taxation, the Department shall be responsible for 38 the annual cost to maintain that required designation or license and provide for examination cost associated with such 39 designation or license if not outside his/her normal duties. 40 63.10. (DOR: Temporary Driver's License) The Motor Vehicles Division is authorized to issue a temporary driver's 41 license or identification card without a laminated colored photograph of the licensee, for a period not to exceed twelve 42 months. The applicant and licensee must comply with provisions of law as set forth in Chapter 1 of Title 56 of the South
SECTION 63 - DEPARTMENT OF REVENUE & TAXATION PAGE 558 1 Carolina Code of Laws, as amended, and such license shall expire no later than the last day of the month one year from 2 the date of issuance or such time as indicated by the Division. The fee for such temporary license or identification card shall 3 be one dollar. 4 63.11. (DOR: License Fees) Notwithstanding any provision of Title 56 of the 1976 Code relating to the disposition of 5 revenues, all revenues derived under Chapter 56 credited to the Department of Revenue and Taxation must be credited to 6 the General Fund of the state. 7 63.12. (DOR: Tax Education Program) Pursuant to taxpayer educational activities stipulated and authorized by SC Code 8 Section 12-54-740, the Department of Revenue may charge participants a fee to recover the related direct costs. The revenue 9 generated from this may be applied to said cost, and any unexpended balance may be carried forward to subsequent fiscal 10 periods and used for the stated purpose. 11 63.13. (DOR: Federal Retiree Lawsuit Settlement Fund Lapse) Notwithstanding any other provision of law, the 12 Department of Revenue is hereby directed to remit to the General Fund, prior to the close of FY 95-96, the amount of 13 $508,869. This amount represents unexpended appropriations from the Federal Retiree Lawsuit Settlement Fund. 14 63.14. (DOR: Certified and Registered Postage Reimbursement) As to any notice of assessment, adjustment or penalty 15 issued under the provisions of S.C. Code Ann. Title 12 or Title 61, the Department of Revenue is authorized to add $1.50 16 from time to time to any notice of assessment, adjustment or penalty which may be required to be posted by registered or 17 certified mail, and to treat the collection of this additional $1.50, on an estimated or imputed basis, as a reimbursement of 18 the Department's expenditures for postage. 19 20 21 R60 - SECTION 65 - EMPLOYMENT SECURITY COMMISSION 22 23 65.1. (ESC: Salary Level) The salaries of the Chairman, the Commissioners, and the Agency Director of the 24 Employment Security Commission shall be no less than that agreed to by the United States Department of Labor. 25 65.2. (ESC: Dept. of Revenue & Taxation Access to Report) The Employment Security Commission shall allow the 26 Department of Revenue and Taxation access to the Employer's Quarterly Report and any by-product of such report. 27 65.3. (ESC: SCOICC User Fee Carry Forward) All user fees collected by the S.C. Occupational Information 28 Coordinating Committee through the Employment Security Commission may be retained by the SCOICC to be used for the 29 exclusive purpose of operating the S.C. Occupational Information System. All user fees not expended in the prior fiscal year 30 may be carried forward for use in the current fiscal year. 31 65.4. (ESC: JTPA Prior Year Payments) The Employment Security Commission shall be allowed to pay Job Training 32 Partnership Act prior year obligations with current year funds. 33 65.5. (ESC: Out-of-State Travel) When out-of-state, Employment Security Commissioners are allowed $50.00 per diem 34 may claim the established amount of per diem, as stated in the General Appropriation Act, or actual expenses as deemed 35 reasonable by the Comptroller General. 36 37 38 X12 - SECTION 68A - AID TO SUBDIVISIONS-COMPTROLLER GENERAL 39 40 68A.1. (AS-CG: Salary Supplements) Of the amount appropriated in this section for Clerks of Court, Probate Judges, 41 and County Sheriffs, $4,725 shall be distributed by the Comptroller General to each County Treasurer, which shall be used 42 as a $1,575 salary supplement for each Clerk of Court, Probate Judge and County Sheriff. The amounts appropriated in this
SECTION 68A - AID TO SUBDIVISIONS - COMPTROLLER GENERAL PAGE 559 1 section for Registers of Mesne Conveyances shall be distributed by the Comptroller General to the appropriate County 2 Treasurer, which shall be used as a $1,575 salary supplement for Registers of Mesne Conveyances. It is the intent of the 3 General Assembly that the amount appropriated for such salary supplements shall include both salary and related employer 4 contributions and such amounts shall be in addition to any amounts presently being provided by the county for these 5 positions. Any reduction by any county in the salary of the Clerks of Court, the Probate Judges, Registers of Mesne 6 Conveyances and County Sheriffs or any other reduction of expenditures in the office of the Clerks of Court, Probate Judges, 7 Registers of Mesne Conveyances and County Sheriffs shall result in a corresponding decrease of funds provided to that 8 county by the State. Payment shall be made to each County Treasurer in a single lump sum at the beginning of the fiscal 9 year and payment shall be made to the Clerks of Court, Probate Judges and County Sheriffs by the County Treasurer over 10 a twelve month period in the same manner as county salaries are paid. The State shall pay $14,864 on the salary of each 11 County Auditor and County Treasurer in addition to any amounts presently being provided by the county for these positions. 12 It is the intent of the General Assembly that the amount appropriated by the county for these positions shall not be reduced 13 as a result of the appropriation and that such appropriation shall not disqualify each County Auditor and each County 14 Treasurer for salary increases that they might otherwise receive from county funds in the future. Any reduction by any 15 county in the salary of the County Auditor and County Treasurer shall result in a corresponding decrease of funds provided 16 to that county by the State. These salaries shall be administered by the Comptroller General's Office and paid in accordance 17 with the schedule and method of payment established for state employees. 18 19 20 X50 - SECTION 69 - DEPARTMENT OF TRANSPORTATION 21 22 69.1. (DOT: Expenditure Authority Limitation) The Department of Transportation is hereby authorized to expend all 23 cash balances brought forward from the previous year and all income including all Federal Funds, unexpended General Funds 24 and proceeds from bond sales accruing to the Department of Transportation, but in no case shall the expenditures of the 25 Department of Transportation exceed the amount of cash balances brought forward from the preceding year plus the amount 26 of all income including Federal Funds, General Funds and proceeds from bond sales. 27 69.2. (DOT: Special Fund Authorization) The Department of Transportation with the approval of the State Treasurer, 28 is hereby authorized to set up with the State Treasurer such special funds out of the Department of Transportation funds as 29 may be deemed advisable for proper accounting purposes. 30 69.3. (DOT: Secure Bonds & Insurance) The Department of Transportation is hereby authorized to secure bonds and 31 insurance covering such activities of the Department as may be deemed proper and advisable, due consideration being given 32 to the security offered and the service of claims. 33 69.4. (DOT: Statewide Cost Allocation Plan) The Department of Transportation shall pay into the General Fund of the 34 State the sum of $4,879,223 as its proportionate share of the cost of Administration of central service agencies as follows: 35 36 Statewide Cost Allocation Plan: 37 Collection of Highway Revenue $ 3,069,811 38 Central Service Agency Recoveries 1,103,894 39 Other Indirect Cost Recoveries 705,518 40 41 Subtotal $ 4,879,223
SECTION 69 - DEPARTMENT OF TRANSPORTATION PAGE 560 1 The sum of $6,915,166 $362,093 is also transferred for the support of the Highway Patrol and Motor Vehicle Licensing 2 Division which was transferred during restructuring. If fees generated by Title 56 for motor vehicle licenses exceed the BEA 3 Fiscal Year 1995-96 1996-97 forecast, the amount transferred may be reduced proportionately. 4 5 Highway Fund Transfer $ 6,915,166 $ 362,093 6 7 Total Remittance $11,794,389 $5,241,316 8 69.5. (DOT: Benefits) Employees of the Department of Transportation shall receive equal compensation increases, and 9 health insurance benefits and employee bonuses provided in this Act for employees of the State generally. The amount will 10 be funded from Department of Transportation funding sources. 11 69.6. (DOT: Document Fees) The Department of Transportation is hereby authorized to establish an appropriate 12 schedule of fees to be charged for copies of records, lists, bidder's proposals, plans, maps, etc. based upon approximate 13 actual costs and handling costs of producing such copies, lists, bidder's proposals, plans, maps, etc. 14 69.7. (DOT: Commissions Per Diem, Subsistence, Mileage) Members of the Department of Transportation Commission 15 shall receive such per diem, subsistence and mileage for each official meeting as is provided by law for members of boards, 16 commissions and committees. 17 69.8. (DOT: "C" Funds Primary/Secondary Road) Notwithstanding the provisions of Section 12-27-400 of the 1976 18 Code, "C" funds may be expended for primary or secondary roads. 19 69.9. (DOT: Employ Legal/Support Staff) The Department of Transportation shall have the authority with the approval 20 of the Attorney General to employ, within existing authorized positions, necessary legal and support staff to represent the 21 Department in legal matters, including condemnation proceedings and other litigation; such representation shall be under the 22 jurisdiction and control of the Attorney General. 23 69.10. (DOT: Contract Mass Transit System) Notwithstanding any other provision of law, the Department of 24 Transportation is hereby authorized to directly contract mass transit funds with any private operator of a mass transit system 25 to provide service to the general public; provided, that a plan of service has been established and approved by the local 26 general purpose government which has jurisdiction for the area to be served, and approved by the Department, the 27 Transportation Commission and the federal government. 28 69.11. (DOT: Relax Design/Construction Standards Authority) In recognition of budgetary restraints, the Department 29 of Transportation, its Commission, officers and employees, are herewith granted the discretionary authority to relax design 30 and construction standards for the current fiscal year, with respect to highway projects in the secondary State highway 31 system, and the exercise of such discretionary authority to relax design and construction standards shall not give rise to any 32 liability on the part of the Department, its Commission, officers and employees. 33 69.12. (DOT: Accounting Functions Transferred to Comptroller General and State Treasurer) The Department of 34 Transportation shall transfer $471,500 to the General Fund for the purpose of servicing the accounting and payroll functions 35 of the Comptroller General's Office. The Department of Transportation shall transfer $123,546 to the General Fund for 36 servicing the functions of the State Treasurer's Office. 37 69.13. (DOT: Employee Bonus) Notwithstanding any other provision of law, the Department of Transportation shall be 38 allowed to spend monies to provide selected employees a one-time lump sum bonus not to exceed $1,000, based on objective 39 guidelines established by the Budget and Control Board. This payment is not a part of the employee's base salary and is 40 not earnable compensation for purposes of employee and employer contributions to respective retirement systems. 41 69.14. (DOT: Consolidate Transportation Funding) The Department of Transportation shall develop a plan to consolidate 42 all sources of transportation funding throughout state government and to operate with this funding a transportation system
SECTION 69 - DEPARTMENT OF TRANSPORTATION PAGE 561 1 to support the specific programs from which the funding derives and the population of South Carolina in general. This plan 2 shall be submitted to the General Assembly no later than January 15, 1997. The intent of this proviso is to improve access 3 and delivery of transportation services, especially in rural areas. In developing the transportation system, the Department 4 shall work with each agency that provides funding for transportation. 5 Any agency, local government, or other entity, including non-profit organizations, using State funds or State-administered 6 Federal funds for the purpose of transporting private citizens on a regular basis, must provide the following fiscal year 7 information to the Department of Transportation, no later than the first day of October following the close of each fiscal year; 8 (a) number of vehicles used to transport passengers; (b) number of passenger seats in passenger vehicles; (c) number of 9 passenger miles provided; (d) itemized costs of providing transportation; and (e) source or sources from which funds are 10 derived. Information must be provided on a county-by-county basis in a format specified by the Department of 11 Transportation. The Department of Corrections, the Department of Education, school districts and institutions of higher 12 education are exempt from the requirements of this section. No transportation funds may be provided to any entity not in 13 compliance with the requirements of this section. 14 69.15. (DOT: Restructuring-Maintenance Activities) The Department of Transportation shall begin restructuring 15 operations so as to reduce maintenance activities performed with Department personnel and equipment. This restructuring 16 shall be completed no later than June 30, 1998. As part of this restructuring effort, the Department shall endeavor to use 17 private contractors for: bridge replacements; surface treatment (Class A surfacing/seal coating); thermo-plastic striping; 18 traffic signals; fencing; and guardrails whenever possible. 19 20 21 X90 - SECTION 72 - GENERAL AND TEMPORARY 22 23 72.1. (GP: Judicial & Involuntary Commitment, Defense of Indigents) It is the responsibility of all agencies, 24 departments and institutions of state government, to provide at no cost and as a part of the regular services of the agency, 25 department or institutions such services as are necessary to carry out the provisions of Chapter 52 of Title 44 (Involuntary 26 Commitment), Article 7, Chapter 17 of Title 44 of the 1976 Code (Judicial Commitment), Chapter 3 of Title 17 of the 1976 27 Code (Defense of Indigents), and Article 1 of Chapter 3 of Title 16 of the 1976 Code (Death Penalty), as amended, upon 28 request of the Judicial Department and/or the appropriate court. To this end, state agencies are directed to furnish to the 29 Judicial Department a list of their employees who are competent to serve as court examiners. The Judicial Department shall 30 forward a copy of this list to the appropriate courts, and the courts shall utilize the services of such state employees whenever 31 feasible. State employees shall receive no additional compensation for performing such services. For the purpose of 32 interpreting this section, employees of the Medical University of South Carolina and individuals serving an internship or 33 residency as an academic requirement or employees who are not full-time state employees and who are not performing duties 34 as state employees are not considered state employees. 35 72.2. (GP: Case Service Billing Payments Prior Year) Notwithstanding any other provision of law, agencies 36 appropriated case services funds who routinely receive prior year case service billings after the old fiscal year has been 37 officially closed are authorized to pay these case service obligations with current funds. This authorization does not apply 38 to billings on hand that have been through a timely agency payment approval process when the old fiscal year closes. 39 72.3. (GP: Credit Cards for Goods & Services) Notwithstanding any other provision of law, the State Treasurer may 40 enter into contracts whereby the agency or institution may accept credit cards as payment for goods or services provided. 41 72.4. (GP: Warrant Requisitions, Deposits) The expenditure of money appropriated in this Act shall be by warrant 42 requisitions directed to the Comptroller General. Upon receipt of the requisition, accompanied by invoices or other
SECTION 72 - GENERAL AND TEMPORARY PAGE 562 1 satisfactory evidence of the propriety of the payment, and itemized according to standard budget classifications, the 2 Comptroller General shall issue his warrant on the State Treasurer to the payee designated in the requisition. No requisitions 3 for warrants shall be processed for any amounts less than one dollar. Upon approval and designation by the State Budget 4 and Control Board, state institutions may requisition funds in favor of their own treasurer, itemized only to the extent of the 5 purpose of the appropriation as expressed in this Act, and may deposit such funds in the name of the institution, in such bank 6 or banking institutions as shall be designated by the State Treasurer, and disburse same by check to meet the purposes of 7 the appropriation, but strict account shall be kept of all such expenditures according to standard budget classifications. All 8 money shall be drawn only when actually owing and due. The Comptroller General shall establish rules and regulations for 9 the uniform reimbursement, remittance and transfers of funds to the General Fund of the State required by law. 10 72.5. (GP: Federal Program Expenses, Lag Time) After July 1, of the current fiscal year, the Department of Health 11 and Environmental Control, Department of Mental Health, Department of Disabilities & Special Needs, Department of Social 12 Services, Department of Health and Human Services, Division on Aging, Division of Foster Care, Department of 13 Corrections, and Department of Juvenile Justice may expend if necessary, state appropriated funds for the current fiscal year 14 to cover fourth quarter Federal Programs expenses incurred in the prior fiscal year necessitated by the time lag of federal 15 reimbursement. 16 72.6. (GP: Federal Funds, Donations, Deposited in State Treasury) All Federal Funds received shall be deposited in 17 the State Treasury, if not in conflict with Federal regulations, and withdrawn therefrom as needed, in the same manner as 18 that provided for the disbursement of state funds. If it shall be determined that federal funds are not available for, or cannot 19 be appropriately used in connection with, all or any part of any activity or program for which state funds are specifically 20 appropriated in this Act to match Federal funds, the appropriated funds may not be expended and shall be returned to the 21 General Fund, except upon specific written approval of the Budget and Control Board after review by the Joint 22 Appropriations Review Committee. Donations or contributions from sources other than the Federal Government, for use 23 by any state agency, shall be deposited in the State Treasury, but in special accounts, and shall be withdrawn from the 24 treasury as needed to fulfill the purposes and conditions of the said donations, or contributions, if specified, and, if not 25 specified, as may be directed by the proper authorities of the department. The expenditure of funds by agencies of the State 26 Government from sources other than General Fund appropriations shall be subject to the same limitations and provisions of 27 law applicable to the expenditure of appropriated funds with respect to salaries, wages or other compensation, travel expense, 28 and other allowance or benefits for employees. 29 72.7. (GP: Fee Increases) (A) No state agency, department, board, committee, commission, or authority, may increase 30 an existing fee for performing any duty, responsibility, or function unless the fee for performing the particular duty, 31 responsibility, or function is authorized by statutory law and set by regulation except as provided in this paragraph. 32 (B) This paragraph does not apply to: 33 (1) state-supported governmental health care facilities; 34 (2) state-supported schools, colleges, and universities; 35 (3) educational, entertainment, recreational, cultural, and training programs; 36 (4) the State Board of Financial Institutions; 37 (5) sales by state agencies of goods or tangible products produced for or by these agencies; 38 (6) charges by state agencies for room and board provided on state-owned property; 39 (7) application fees for recreational activities sponsored by state agencies and conducted on a draw or lottery basis; 40 (8) court fees or fines levied in a judicial or adjudicatory proceeding; 41 (9) the South Carolina Public Service Authority or the South Carolina Ports Authority. 42 (C) This paragraph does not prohibit a state agency, department, board, committee, or commission from increasing fees
SECTION 72 - GENERAL AND TEMPORARY PAGE 563 1 for services provided to other state agencies, departments, boards, committees, commissions, political subdivisions, or fees 2 for health care and laboratory services regardless of whether the fee is set by statute. 3 (D) Statutory law for purposes of this paragraph does not include regulations promulgated pursuant to the State 4 Administrative Procedures Act. 5 72.8. (GP: State Institutions - Revenues & Income) The University of South Carolina, Clemson University, the Medical 6 University of S. C. (including the Medical University Hospital), The Citadel, Winthrop University, S. C. State University, 7 Francis Marion University, University of Charleston, Lander University and the Wil Lou Gray Opportunity School shall 8 remit all revenues and income, collected at the respective institutions, to the State Treasurer according to the terms of Section 9 1 of this Act, but all such revenues or income so collected, except fees received as regular term tuition, matriculation, and 10 registration, shall be carried in a special continuing account by the State Treasurer, to the credit of the respective institutions, 11 and may be requisitioned by said institutions, in the manner prescribed in Section 72.5 of this Act, and expended to fulfill 12 the purpose for which such fees or income were levied, but no part of such income shall be used for permanent improvements 13 without the express written approval of the State Budget and Control Board and the Joint Legislative Capital Bond Review 14 Committee; and it is further required that no such fee or income shall be charged in excess of the amount that is necessary 15 to supply the service, or fulfill the purpose for which such fee or income was charged. Notwithstanding other provisions 16 of this act, funds at State Institutions of Higher Learning derived wholly from athletic or other student contests, from the 17 activities of student organizations, and from the operations of canteens and bookstores, and from approved Private Practice 18 plans may be retained at the institution and expended by the respective institutions only in accord with policies established 19 by the institution's Board of Trustees. Such funds shall be audited annually by the State but the provisions of this Act 20 concerning unclassified personnel compensation, travel, equipment purchases and other purchasing regulations shall not apply 21 to the use of these funds. 22 72.9. (GP: Transfers of Appropriations) Agencies and institutions shall be authorized to transfer appropriations within 23 programs and within the agency with notification to the Division of Budget and Analyses and Comptroller General. No such 24 transfer may exceed twenty percent of the program budget. Upon request, details of such transfers may be provided to 25 members of the General Assembly on an agency by agency basis. Transfers of appropriations from personal service accounts 26 to other operating accounts or from other operating accounts to personal service accounts may be restricted to any established 27 standard level set by the Budget and Control Board upon formal approval by a majority of the members of the Budget and 28 Control Board. 29 72.10. (GP: Bank Procedures - State Treasury A Bank) In any instances where Federal laws or regulations, relating to 30 funds allotted to State Government agencies, include requirements relating to banking procedures, the State Treasury shall 31 be deemed to meet the definition of a bank. 32 72.11. (GP: Federal Funds - DHEC, DSS, DHHS, Aging - Disallowances) Amounts appropriated to the Department 33 of Health and Environmental Control, Department of Social Services, Department of Health and Human Services, and 34 Division on Aging may be expended to cover program operations of prior fiscal years where adjustment of such prior years 35 are necessary under federal regulations or audit exceptions. All disallowances or notices of disallowances by any federal 36 agency of any costs claimed by these agencies shall be submitted to the State Auditor, the House Ways and Means Committee 37 and the Senate Finance Committee, within five days of receipt of such actions. 38 72.12. (GP: Family Foster Care Payments) The Department of Disabilities & Special Needs, Department of Social 39 Services, and Department of Juvenile Justice shall furnish as Family Foster Care payments for individual foster children 40 under their sponsorship: 41 ages 0 - 5 $212 per month 42 ages 6 - 12 $239 per month
SECTION 72 - GENERAL AND TEMPORARY PAGE 564 1 ages 13 + $305 per month 2 These specified amounts are for the basic needs of the foster children. Basic needs within this proviso are identified as food 3 (at home and away), clothing, housing, transportation, education and other costs as defined in the U.S. Department of 4 Agriculture study of "Annual Cost of Raising a Child to Age Eighteen". Further, each agency shall identify and justify, as 5 another line item, all material and/or services, in excess of those basic needs listed above, which were a direct result of a 6 professional agency evaluation of clientele need. Legitimate medical care in excess of Medicaid reimbursement or such care 7 not recognized by Medicaid may be considered as special needs if approved by the sponsoring/responsible agency and shall 8 be reimbursed by the sponsoring agency in the same manner of reimbursing other special needs of foster children. 9 72.13. (GP: Fixed Student Fees) During the current fiscal year, student fees at the State institutions of higher learning 10 shall be fixed by the respective Boards of Trustees as follows: 11 (1) Fees applicable to student housing, dining halls, student health service, parking facility, laundries and all other 12 personal subsistence expenses shall be sufficient to fully cover the total direct operating and capital expenses of providing 13 such facilities and services over their expected useful life except those operating or capital expenses related to the removal 14 of asbestos. 15 (2) Student Activity Fees may be fixed at such rates as the respective Boards shall deem reasonable and necessary. 16 72.14. (GP: Tech Educ Colleges Student Activity Fees) Notwithstanding any other provisions of this Act, funds at 17 Technical Education Colleges derived wholly from the activities of student organizations and from the operations of canteens 18 and bookstores may be retained by the college and expended only in accord with policies established by the respective 19 college's Area Commission and approved by the State Board for Technical and Comprehensive Education. 20 72.15. (GP: Educational Fee Waivers) The institutions of higher education may offer educational fee waivers to no more 21 than two percent of the undergraduate student body. 22 72.16. (GP: Human Services Coordinating Council) The General Assembly finds that the operation of health and human 23 services may be enhanced by closer working relationships among agencies at the state and local level. The General Assembly 24 finds that coordination at both levels provides opportunities to serve the citizens of South Carolina better through (1) 25 continued expansion of services integration and (2) stronger communication among agencies delivering services. 26 In order to assist in, recommend, develop policy for, and supervise the expenditure of funds for the continuation of service 27 integration in South Carolina, there is created a Human Services Coordinating Council, hereinafter, entitled the Council. 28 The Council shall consist of: 29 (1) The chairperson of the boards of the following agencies: Division on Aging, Department of Alcohol and Other 30 Drug Abuse Services, Commission for the Blind, Division of Foster Care, Department of Education, Department of Health 31 and Environmental Control, Department of Health and Human Services, Department of Juvenile Justice, Division of 32 Veterans' Affairs, John De La Howe School, Department of Mental Health, Department of Disabilities & Special Needs, 33 School for the Deaf and the Blind, Department of Social Services, Department of Vocational Rehabilitation, Guardian ad 34 Litem Program, Division of Continuum of Care, Educational Television, Wil Lou Gray Opportunity School, Department 35 of Corrections, Probation, Parole and Pardon Services and the State Housing Finance and Development Authority. 36 These chairpersons shall receive the usual mileage, subsistence, and per diem provided by law for members of 37 committees, boards, and commissions. Mileage, subsistence, and per diem must be paid from the approved accounts of their 38 respective boards or commissions. 39 (2) (1) The Director or Chief Executive Officer of each of the following: Division on Aging, Department of 40 Alcohol and Other Drug Abuse Services, Commission for the Blind, Division for the Review of Foster Care of Children, 41 Department of Education, Department of Health and Environmental Control, Department of Health and Human Services, 42 Department of Juvenile Justice, Division of Veterans' Affairs, John De La Howe School, Department of Mental Health,
SECTION 72 - GENERAL AND TEMPORARY PAGE 565 1 Department of Disabilities and Special Needs, School for the Deaf and the Blind, Department of Social Services, 2 Department of Vocational Rehabilitation, Guardian ad Litem Program, Division of Continuum of Care, Educational 3 Television, Wil Lou Gray Opportunity School, Department of Corrections, Probation, Parole and Pardon Services and the 4 State Housing Finance and Development Authority. 5 (3) (2) The Governor or his designee. 6 (4) (3) Other such members as the Council shall deem appropriate. 7 The Council shall: 8 (1) Select a Board Chairperson, Director or Chief Executive Officer on an annual basis to serve as the Council 9 Chairperson. The Council Chairperson shall be elected at the first quarterly meeting of the Council at the beginning of each 10 new state fiscal year. Nominees for this office must be members of the Council. The Chairperson of the Council can succeed 11 himself in that specific position no more than three times. In the event that this office becomes vacant, the Executive 12 Committee of the Council shall appoint a member of the Council to fill the unexpired term of the office. 13 (2) Meet regularly to provide an opportunity for collaboration and cooperation among member agencies. 14 The Council shall have as its goals: 15 (1) Identify and address priority health and human needs and promote the availability of responsive resources. 16 (2) Promote cost-effective, efficient approaches for the delivery of health and human services which include 17 prevention, education, reduction of dependency, promotion of self-sufficiency and delivery of services in the least restrictive, 18 most appropriate community-based and institutional settings. 19 (3) Provide coordination between the Council members and the Department of Health and Human Services Office 20 of the Governor in the development of the comprehensive State Health and Human Services Plan. 21 (4) In cooperation with the Department of Health and Human Services, coordinate and oversee efforts to integrate 22 services information among state agencies and between state and local agencies. 23 (5) Review and monitor service integration efforts begun by the Human Services Integration Projects, and including: 24 (a) Developing standards for case management activities and coordinating with local entities on service 25 integration efforts, and 26 (b) Receiving requests for funding of projects designed to further integration of services, including review and 27 approval of such projects. 28 Member agencies and departments of the Council shall collect and provide client information, including Social Security 29 Number, for the Client Masterfile System, and for development and use of a uniform client application database for statistical 30 purposes and for improving human services delivery systems for South Carolinians. For purposes of this sub-section, the 31 State, rather than an individual agency, will be the owner of the data. All individual client information submitted by 32 participating agencies or departments will be regarded as confidential; the information collected may not be released, under 33 any circumstances, to entities or individuals outside the Client Masterfile System, State Data Oversight Council, or client 34 application database unless release is made of aggregate statistical information so that no individual client may be identified. 35 No data submitted may be released by the Client Masterfile System except in a format approved by the Council. For the 36 purposes of this sub-section only, all State laws, regulations, or any rule of any State agency, department, board, or 37 commission having the effect or force of law that prohibits or is inconsistent with any provision of this sub-section is hereby 38 declared inapplicable to this sub-section. Each member agency or department of the Council shall be required to take all 39 steps reasonably necessary to effectuate the waiver of federal rules, regulations, or statutes or the elimination of other factors 40 that interfere with collection or use of data by the Client Masterfile System or client application database. Those steps shall 41 include but not be limited to, the seeking of federal legislation, the negotiation of agreements between the Council or State 42 and any federal agency or board, the application for the waiver of any federal rule, regulation or statute, and the seeking
SECTION 72 - GENERAL AND TEMPORARY PAGE 566 1 of client's permission to share data. The Human Services Coordinating Council shall assume the duties and responsibilities 2 of the Aging Coordinating Council and the Long Term Care Council as specified in Sections 43-21-120 through 43-21-140. 3 The Council shall establish a long term care standing committee and include on the committee a representative of the long 4 term care industry, a representative of the insurance industry, and a representative of the general public. 5 72.17. (GP: Employer Contributions Cost of Agencies) It is the intent of the General Assembly that the amount so 6 provided to each agency or institution for employee benefits shall be sufficient to pay the employer contribution costs of that 7 agency. The Budget and Control Board is directed to devise a plan for the expenditure of the funds appropriated for 8 employer contributions and may require transfers of funds within an agency or institution if it becomes evident that the 9 employer contribution costs will exceed the funds available for that purpose. 10 72.18. (GP: Dual Employment) Any employee who is approved for dual employment must be paid in a timely manner. 11 The secondary agency is required to make payment of funds approved for and earned under dual employment within fortyfive 12 days of the beginning of the employment. 13 72.19. (GP: Payroll Schedule & Compensation Restrictions) Except as otherwise provided in this Act, all appropriations 14 for compensation of State Employees shall be paid in twice-monthly installments to the person holding such position. In 15 order to provide a regular and permanent schedule for payment of employees, it is hereby established that the payroll period 16 shall begin on June 2, of the prior fiscal year with the first pay period ending on June 16, of the prior fiscal year. The 17 payroll period shall continue thereafter on a twice-monthly schedule as established by the Budget and Control Board. It is 18 the intent of the General Assembly that this schedule, thus established, will continue from one fiscal year to another without 19 interruption, on a twice monthly basis. The Budget and Control Board is authorized to approve any changes to this schedule 20 where circumstances are deemed justifiable. 21 The appropriated salaries for specified positions shall mean the maximum compensation for such position, except as 22 specifically provided in other provisions of this act, and in any case where the head of any department can secure the services 23 for a particular position or work at a lower rate than the salary specified in this Act, authority for so doing is hereby given. 24 No employee of any state department or institution shall be paid any compensation from any other department of the state 25 government except those approved under the provisions of Regulation 19-702.09 of the 1976 Code, as amended, and no 26 employee of any department or institution shall be paid travel expenses by any other department or institution without 27 approval of the agency by which he is regularly employed. The Comptroller General shall report, after June thirtieth of each 28 year, to the House Ways and Means Committee and the Senate Finance Committee the names of all employees receiving 29 dual compensation and the amounts received. 30 The provisions of Regulation 19-707.02 and Section 8-5-10 of the 1976 Code, as amended, shall not apply to employees 31 hired for 120 days or less. 32 72.20. (GP: Discrimination Policy) It is the policy of the State of South Carolina to recruit, hire, train, and promote 33 employees without discrimination because of race, color, sex, national origin, age, religion or physical disability. This policy 34 is to apply to all levels and phases of personnel within state government, including but not limited to recruiting, hiring, 35 compensation, benefits, promotions, transfers, layoffs, recalls from layoffs, and educational, social, or recreational programs. 36 It is the policy of the State to take affirmative action to remove the disparate effects of past discrimination, if any, because 37 of race, color, sex, national origin, age, religion or physical disability. 38 Each state agency shall submit to the State Human Affairs Commission employment and filled vacancy data by race and 39 sex by October 31, of each year. 40 In accordance with Section 1-13-110 of the South Carolina Code of Laws of 1976, as amended, the Human Affairs 41 Commission shall submit a report on the status of State Agencies' Affirmative Action Plans and Programs to the General 42 Assembly by February 1 each year. This report shall contain the total number of persons employed in each job group, by
SECTION 72 - GENERAL AND TEMPORARY PAGE 567 1 race and sex, at the end of the preceding reporting period, a breakdown by race and sex of those hired or promoted from 2 within the agency during the reporting period, and an indication of whether affirmative action goals were achieved. For each 3 job group referenced in the Human Affairs report, where the hiring of personnel does not reflect the percentage goals 4 established in the agency's affirmative action plan for the year in question, the State agency shall submit a detailed 5 explanation to the Human Affairs Commission by February 15, explaining why goals were not achieved. 6 The Human Affairs Commission shall review the explanations and notify the Budget and Control Board of any agency 7 not in satisfactory compliance with meeting its stated goals. 8 The Budget and Control Board shall notify any agency not in compliance that their request for additional appropriations 9 for the current appropriation cycle, may not be processed until such time as the Budget and Control Board, after consultation 10 with the Human Affairs Commission, is satisfied that the agency is making a good faith effort to comply with its affirmative 11 action plan, and that the compliance must be accomplished within a reasonable length of time to be determined by the mission 12 and circumstances of the agency. This requirement shall not affect additional appropriation requests for public assistance 13 payments or aid to entities. This section does not apply to those agencies that have been exempted from the reporting 14 requirements of the Human Affairs Commission. 15 72.21. (GP: RIF, Recall Procedures, Residency Preference) Notwithstanding any other provision of law, when a vacancy 16 occurs in a state agency, other than institutions of higher education, or when an agency acts to fill a new position, the agency 17 shall give preference to residents of this State, if the two are equally qualified for the vacancy or new position. 18 72.22. (GP: Temporary Grant Funded or Time Limited Funded Positions) Notwithstanding any other provision of law 19 or this Act, state agencies and institutions may, at their discretion, hire employees to fill temporary grant positions specified 20 in federal grants, public charity grants, private foundation grants, research grants and positions with time limited funding 21 approved or authorized by the appropriate state authority in accordance with the following provisions: 22 A. Only those funds authorized within the approved federal grant, public charity grant, private foundation grant, 23 research grant, or time limited funds for a specified project can be used to pay the salaries and/or benefits of temporary 24 employees hired under this provision. 25 B. Temporary grant or time limited positions, employees, and the conditions of their employment shall be reported 26 in accordance with provisions developed by the Division of Budget and Analyses of the Budget and Control Board. 27 C. Positions established under this provision must be limited to and must not exist beyond the duration of the time 28 limited project or grant or any subsequent renewal of it. When the grant, time limited project or any subsequent renewal 29 ends, temporary grant or time limited project employees must be terminated and their positions will cease to exist. 30 Temporary grant or time limited project employees will be exempt from the provisions of Sections 8-17-310 through 8-17-380 31 of the 1976 Code, as amended. State agencies and institutions must terminate all temporary grant or time limited project 32 positions at any time funding is terminated or is insufficient to continue payments under the conditions of the grant or time 33 limited project. 34 D. Temporary grant or time limited project employees may be eligible for the same benefits, excluding permanent 35 or probationary employment status, available to permanent state employees provided that such funds are available within the 36 grant or time limited project. 37 E. Temporary grant or time limited project employees shall be deemed to be employed at will. The temporary 38 grant or time limited project employee shall not be entitled to any compensation beyond the date of termination, other than 39 for such part of the grant or time limited project that has been performed. 40 F. Discretionary determinations by a state agency or institution as to whether to hire an employee pursuant to this 41 proviso are final and not subject to administrative or judicial appeal. 42 72.23. (GP: Personal Service Reconciliation, FTEs) The General Assembly expresses its continuing concern over the
SECTION 72 - GENERAL AND TEMPORARY PAGE 568 1 control of the number of personnel employed by the State of South Carolina. This concern is evidenced in the 1980 Public 2 Employment Report of the United States Bureau of Census. It is further declared to be the intent of the General Assembly 3 to continue to take positive steps to reduce the number of personnel employed in the future, without unduly hampering the 4 legitimate functions of state government. 5 In order to obtain the necessary control over the number of employees, the Budget and Control Board is hereby directed 6 to maintain close supervision over the number of state employees, and to require specifically the following: 7 1. That no state agency exceed the total authorized number of full-time equivalent positions and those funded from 8 State sources as provided in each section of this Act except by majority vote of the Budget and Control Board. Specific 9 written confirmation of such majority approval shall be forwarded to the Joint Appropriations Review Committee in the event 10 that any agency is allowed to exceed the number of positions authorized in this Act. 11 2. That the Division of Budget and Analyses shall maintain and make, as necessary, periodic adjustments thereto, 12 an official record of the total number of authorized full-time equivalent positions by agency for State and Total funding 13 sources and shall provide a certified duplicate of such record to the Joint Appropriations Review Committee. The Division 14 of Budget and Analyses shall submit monthly reports to the Joint Appropriations Review Committee and such reports shall 15 include any changes in the authorized number of full-time equivalent positions, the number of filled and vacant positions and 16 any other data requested by the committees. 17 (a) That within thirty (30) days of the passage of the Appropriation Act or by August 1, whichever comes later, 18 each agency of the State must have established on the Budget and Control Board records all positions authorized in the Act. 19 After that date, the Board shall delete any non-established positions immediately from the official record of authorized full- 20 time equivalent positions. No positions shall be established by the Board in excess of the total number authorized in the 21 Board record of authorized full-time equivalent positions. Each agency may, upon notification to the Budget and Control 22 Board, change the funding source of State FTE positions established on the Budget and Control Board records as necessary 23 to expend federal and other sources of personal service funds in an effort to conserve or stay within the state appropriated 24 personal service funds. Each agency may, upon notification to the Budget and Control Board, transfer FTEs between 25 programs as needed to accomplish the agency mission. No agency shall change funding sources that will cause the agency 26 to exceed the authorized number of state or total full-time equivalent positions. 27 (b) By September 30, the Board shall prepare a personal service detail, by agency, which shows each position 28 established for the fiscal year and the amount of funds required, by source of funds, to support the position for the fiscal year 29 at a funding level of 100% and the Board shall then reconcile each agency's personal service detail with the agency's personal 30 service appropriation as contained in the Act adjusted for any pay increases, and any other factors necessary to reflect the 31 agency's personal service funding level. The Board shall provide a copy of each agency's personal service reconciliation 32 to the Senate Finance and House Ways and Means Committees. 33 (c) Any position which is shown by the reconciliation to be unfunded or significantly underfunded may be 34 deleted at the direction of the Budget and Control Board . 35 (d) Full-time equivalent (FTE) positions shall be determined under the following guidelines: 36 1. The annual work hours for each FTE shall be the agency's full-time standard annual work hours. 37 2. The State FTE shall be derived by multiplying the state percentage of budgeted funds for each position 38 by the FTE for that position. 39 3. All institutions of higher education shall use a value of 0.75 FTE for each position determined to be 40 full-time faculty with a duration of nine (9) months. 41 The FTE method of accounting shall be utilized for all authorized positions. 42 3. That the number of positions authorized in this Act shall be reduced in the following circumstances:
SECTION 72 - GENERAL AND TEMPORARY PAGE 569 1 (a) Upon request by an agency. 2 (b) When anticipated federal funds are not made available. 3 (c) When the Budget and Control Board, through study or analysis, becomes aware of any unjustifiable excess 4 of positions in any state agency. 5 4. The Budget and Control Board shall annually reconcile personal service funds with full-time employee count 6 to determine unfunded positions which will be eliminated no later than January 15 of the current fiscal year unless specifically 7 exempted elsewhere in this act or by the State Budget and Control Board. The State Budget and Control Board must report 8 the full-time employee count and unfunded position status to the Senate Finance Committee and the Ways and Means 9 Committee by February 1 of the current fiscal year. 10 5. That no new permanent positions in state government shall be funded by appropriations in acts supplemental 11 to this Act but temporary positions may be so funded. 12 6. The provisions of this section shall not apply to personnel exempt from the State Classification and 13 Compensation Plan under Item I of Section 8-11-260 of the 1976 Code. 14 The Governor, in making his appropriation recommendations to the Ways and Means Committee, must provide that the 15 level of personal service appropriation recommended for each agency is at least 97% of the funds required to meet 100% 16 of the funds needed for the full-time equivalents positions recommended by the Governor (exclusive of new positions). 17 72.24. (GP: Allowance for Residences & Compensation Restrictions) That salaries paid to officers and employees of 18 the State, including its several boards, commissions, and institutions shall be in full for all services rendered, and no 19 prerequisites of office or of employment shall be allowed in addition thereto, but such prerequisites, commodities, services 20 or other benefits shall be charged for at the prevailing local value and without the purpose or effect of increasing the 21 compensation of said officer or employee. The charge for these items may be payroll deducted at the discretion of the 22 Comptroller General or the chief financial officer at each agency maintaining its own payroll system. This shall not apply 23 to the Governor's Mansion, nor for department-owned housing used for recruitment and training of Mental Health 24 Professionals, nor to guards at any of the State's penal institutions and nurses and attendants at the Department of Mental 25 Health, and the Department of Disabilities & Special Needs, and registered nurses providing clinical care at the MUSC 26 Medical Center, nor to the Superintendent and staff of John de la Howe School, nor to the cottage parents and staff of Wil 27 Lou Gray Opportunity School, nor to full-time or part-time staff who work after regular working hours in the SLED 28 Communications Center or Maintenance Area, nor to the Directors of John G. Richards Campus, Willow Lane Campus, and 29 the Reception and Evaluation Center at the Department of Juvenile Justice nor to the Residence Dormitory Director and the 30 Assistant Residence Director at the Governor's School for Science and Mathematics. The Presidents of those State 31 institutions of higher learning authorized to provide on-campus residential facilities for students may be permitted to occupy 32 residences on the grounds of such institutions without charge. 33 Any state institution of higher learning may provide a housing allowance to the President in lieu of a residential facility, 34 the amount to be approved by the Budget and Control Board. 35 That the following may be permitted to occupy residences owned by the respective Departments without charge: the 36 Commissioner of the Department of Corrections, the Director of the Department of Mental Health, the Farm Director, Farm 37 Managers, and Specialists employed at the Wateree River Correctional Institution, Walden Correctional Institution, 38 MacDougall Youth Correctional Center, and Givens Youth Correctional Center; the S. C. State Commission of Forestry fire 39 tower operators, forestry aides, and caretaker at central headquarters; the Department of Natural Resources' Game 40 Management Personnel, Fish Hatchery Superintendents, Lake Superintendent, and Fort Johnson Superintendent; the 41 Department of Parks, Recreation and Tourism field personnel in the State Parks Division; the Agricultural Aide at the 42 Department of Juvenile Justice Farm; Director of Wil Lou Gray Opportunity School; President of the School for the Deaf
SECTION 72 - GENERAL AND TEMPORARY PAGE 570 1 and the Blind; houseparents for the Commission for the Blind; S.C. Department of Health and Environmental Control 2 personnel at the State Park Health Facility and Camp Burnt Gin; Assistant Director of Residence Life and a student counselor 3 at Lander University; Clemson University's Head Football Coach; the Department of Disabilities & Special Needs' physicians 4 and other professionals at Whitten Center, Clemson University Off-Campus Agricultural Staff and Housing Area 5 Coordinators; and University of South Carolina's Manager of Bell Camp Facility, Housing Maintenance Night Supervisors, 6 Residence Life Directors, temporary and transition employees, and emergency medical personnel. Except in the case of 7 elected officials, the fair market rental value of any residence furnished to a State Employee shall be reported by the State 8 Agency furnishing the residence to the Agency Head Salary Commission by October 1, of each fiscal year. 9 All salaries paid by departments and institutions shall be in accord with a uniform classification and compensation plan, 10 approved by the Budget and Control Board, applicable to all personnel of the State Government whose compensation is not 11 specifically fixed in this act. Such plan shall include all employees regardless of the source of funds from which payment 12 for personal service is drawn. The Division of Budget and Analyses of the Budget and Control Board is authorized to 13 approve temporary salary adjustments for classified and unclassified employees who perform temporary duties which are 14 limited by time and/or funds. When approved, a temporary salary adjustment shall not be added to an employee's base salary 15 and shall end when the duties are completed and/or the funds expire. Academic personnel of the institutions of higher 16 learning and other individual or group of positions that cannot practically be covered by the plan may be excluded therefrom 17 but their compensations as approved by the Division of Budget and Analyses shall, nevertheless, be subject to review by the 18 Budget and Control Board. Salary appropriations for employees fixed in this Act shall be in full for all services rendered, 19 and no supplements from other sources shall be permitted or approved by the State Budget and Control Board. With the 20 exception of travel and subsistence, legislative study committees shall not compensate any person who is otherwise employed 21 as a full-time state employee. Salaries of the heads of all agencies of the State Government shall be specifically fixed in this 22 Act and no salary shall be paid any agency head whose salary is not so fixed. Commuter mileage on non-exempt state 23 vehicles shall be considered as income and reported by the Comptroller General in accordance with IRS regulations. As long 24 as there is no impact on appropriated funds, state agencies and institutions shall be allowed to spend public funds and/or other 25 funds for designated employee award programs which shall have written criteria approved by the agency governing board 26 or commission. For purposes of this section, monetary awards, if any, shall not be considered a part of an employee's base 27 salary, a salary supplement, or a prerequisite of employment. The names of all employees receiving monetary awards and 28 the amounts received shall be reported annually to the South Carolina Division of Budget and Analyses. 29 72.25. (GP: MUSC Hospital Services Rates) The Board of the Medical University of South Carolina shall provide 30 hospital services to state employees and officials of state government at a rate not to exceed the payment rates to hospitals 31 provided by the employee's insurance program(s). Private physician fees, psychiatry, and all dental are not included. 32 72.26. (GP: Universities & Colleges - Allowance for Presidents) Presidents of the University of South Carolina, Clemson 33 University, the Medical University of South Carolina, The Citadel, Winthrop University, South Carolina State University, 34 Francis Marion University, University of Charleston, and Lander University must not be paid a fixed allowance for personal 35 expenses incurred in connection with the performance of their official duties. Reimbursements may be made to the Presidents 36 from funds available to their respective institutions for any personal expenses incurred provided that all requests for 37 reimbursement are supported by properly documented vouchers processed through the normal accounting procedures of the 38 institutions. 39 72.27. (GP: Replacement of Personal Property) The Department of Juvenile Justice, Department of Corrections, 40 Probation, Parole and Pardon Services, Department of Mental Health, Department of Disabilities & Special Needs and School 41 for the Deaf and the Blind may replace the personal property of an employee which has been damaged or destroyed by a 42 client while in custody of the agency. The replacement of personal property may be made only if the loss has resulted from
SECTION 72 - GENERAL AND TEMPORARY PAGE 571 1 actions by the employee deemed to be appropriate and in the line of duty by the agency head and if the damaged or 2 destroyed item is found by the agency head to be reasonable in value, and necessary for the employee to carry out the 3 functions and duties of his employment. Replacement of damaged or destroyed items shall not exceed $250 per item, per 4 incident. Each agency must have guidelines to insure the reasonableness of the replacement payments. 5 72.28. (GP: Law Enforcement Officer Retiree Weapon Purchase) All state employees, who are commissioned law 6 enforcement officers upon retirement, if vested, may purchase their assigned weapon at a reasonable fee. 7 72.29. (GP: Business Expense Reimbursement) Agency heads and Deputy Commissioners or Deputy Directors designated 8 by Agency heads may receive reimbursements for business expenses incurred while performing their official duties, provided 9 that receipts are presented when seeking reimbursement and justification is submitted to document the time, place, and 10 purpose of the expense as well as the names of the individuals involved. The Budget and Control Board shall promulgate 11 regulations governing these expenses. 12 72.30. (GP: Per Diem) The per diem allowance of all boards, commissions and committees shall be at the rate of Thirty- 13 five ($35) Dollars per day. No full-time officer or employee of the State shall draw any per diem allowance for service on 14 such boards, commissions or committees. 15 72.31. (GP: Travel Spouse of Governor & Lt. Governor) Notwithstanding any other provision of law, the spouses of 16 the Governor and the Lieutenant Governor of the State are authorized to receive reimbursement of actual expenses when 17 accompanying the Governor or the Lieutenant Governor on official state business. 18 72.32. (GP: Travel - Subsistence Expenses & Mileage) Travel and subsistence expenses, whether paid from State 19 appropriated, Federal, local or other funds, shall be allowed in accordance with the following provisions: 20 A. Unless otherwise provided in paragraphs B through H of this section, all employees of the State of South 21 Carolina or any agency thereof including employees and members of the governing bodies of each technical education center 22 while traveling on the business of the State shall, upon presentation of a paid receipt, be allowed reimbursement for actual 23 expenses incurred for lodging. Agencies may contract with lodging facilities to pay on behalf of an employee. Failure to 24 maintain proper control of direct payments for lodging may result in the revocation of the agency's authority by the 25 Comptroller General or the State Auditor. The employee shall also be reimbursed for the actual expenses incurred in the 26 obtaining of meals except that such costs shall not exceed ($20) per day within the State of South Carolina. For travel 27 outside of South Carolina the maximum daily reimbursement for meals shall not exceed ($32). Agencies may contract with 28 food or dining facilities to pay for meals on behalf of employees in accordance with rules and regulations established by the 29 Budget and Control Board. It shall be the responsibility of the agency head to monitor the charges for lodging which might 30 be claimed by his employees in order to determine that such charges are reasonable, taking into consideration location, 31 purpose of travel or other extenuating circumstances. The provisions of this item shall not apply to Section 42-3-40 of the 32 1976 Code. 33 B. That employees of the State, when traveling outside the United States, Canada, and Puerto Rico upon 34 promotional business for the State of South Carolina shall be entitled to actual expenses for both food and lodging. 35 C. The Governor, Lieutenant Governor, Secretary of State, Comptroller General, Attorney General, State 36 Treasurer, Adjutant General, Superintendent of Education and the Commissioner of Agriculture shall be reimbursed actual 37 expenses for subsistence. 38 D. Non-legislative members of committees appointed pursuant to Acts and Resolutions of the General Assembly 39 whose membership consists solely of members of the General Assembly or members of the General Assembly and other 40 personnel who are not employees of the State of South Carolina shall be allowed subsistence expenses of $35 per day while 41 traveling on official business. Members of such committees may opt to receive actual expenses incurred for lodging and 42 actual expenses incurred in the obtaining of meals in lieu of the allowable subsistence expense.
SECTION 72 - GENERAL AND TEMPORARY PAGE 572 1 E. Members of the State Boards, Commissions, or Committees whose duties are not full-time and who are paid 2 on a per diem basis, shall be allowed reimbursement for actual expenses incurred at the rates provided in Paragraph A and 3 I of this Section while away from their places of residence on official business of the State. One person accompanying a 4 handicapped member of a State Board, Commission, or Committee on official business of the State shall be allowed the same 5 reimbursement for actual expenses incurred at the rates provided in Paragraph A through I of this Section. 6 F. No subsistence reimbursement shall be allowed to a Justice of the Supreme Court or Judge of the Court of 7 Appeals while traveling in the county of his official residence. When traveling on official business of said court within 50 8 miles outside the county of his official residence, a Supreme Court Justice and a Judge of the Court of Appeals shall be 9 allowed subsistence expenses in the amount of $35 per day plus such mileage allowance for travel as is provided for other 10 employees of the State. When traveling on official business of said Court 50 or more miles outside the county of his official 11 residence, each Justice and Judge of the Court of Appeals shall be allowed subsistence expenses in the amount as provided 12 in this Act for members of the General Assembly plus such mileage allowance for travel as is provided for other employees 13 of the State. The Chief Justice, or such other person as he designates, while attending the Conference of Chief Justices and 14 one member of the Supreme Court while attending the National Convention of Appellate Court Judges, and three Circuit 15 Judges while attending the National Convention of State Trial Judges shall be allowed actual subsistence and travel expenses. 16 Upon approval of the Chief Justice, Supreme Court Justices, Judges of the Court of Appeals, Circuit Judges, and 17 Family Court Judges shall be reimbursed for actual expenses incurred for all other official business requiring out-of-state 18 expenses at the rate provided in paragraph A of this section. 19 G. No subsistence reimbursements are allowed to a Circuit Judge, a Family Court Judge, or an Administrative Law 20 Judge while holding court within the county in which he resides. While holding court or on other official business outside 21 the county, within fifty miles of his residence, a Circuit Court Judge, Family Court Judge, or an Administrative Law Judge 22 is entitled to a subsistence allowance in the amount of $35 per day. While holding court or on other official business at a 23 location fifty miles or more from his residence, a Circuit Court, Family Court or Administrative Law Judge is entitled to 24 a subsistence allowance in the amount as provided in this Act for members of the General Assembly. 25 H. Any retired Justice, Circuit Court Judge or Family Court Judge or Master-in-Equity appointed by the Supreme 26 Court to serve as a Special Circuit Judge, Family Court Judge, Appeals Court Judge, or Acting Associate Justice shall serve 27 without pay but shall receive the same allowance for subsistence, expenses, and mileage as provided in Part I for Circuit 28 Court Judges. 29 I. No expense shall be allowed an employee either at his place of residence or at the official headquarters of the 30 agency by which he is employed except as provided in paragraph E, of this section. When an employee is assigned to work 31 a particular territory or district, and such territory or district and his official headquarters are in different localities or sections 32 of the State, expenses may be allowed for the necessary travel to his official headquarters. The members of the Workers' 33 Compensation Commission, Public Service Commission and the Employment Security Commission may be reimbursed at 34 the regular mileage rate of one round trip each week from their respective homes to Columbia. No subsistence 35 reimbursement shall be allowed to a member of the Workers' Compensation Commission, Public Service Commission or 36 the Employment Security Commission while traveling in the county of his official residence. When traveling on official 37 business of the Commission within 50 miles outside the county of his official residence, a member of the Workers' 38 Compensation Commission, Public Service Commission or the Employment Security Commission shall be allowed 39 subsistence expenses in the amount of $35 per day. When traveling on official business of the Commission 50 or more miles 40 outside the county of his official residence, each member shall be allowed a subsistence allowance in the amount as provided 41 in this act for members of the General Assembly. 42 J. When an employee of the State shall use his or her personal automobile in traveling on necessary official business,
SECTION 72 - GENERAL AND TEMPORARY PAGE 573 1 a charge of 25.5 cents per mile will be allowed for the use of such automobile and the employee shall bear the expense of 2 supplies and upkeep thereof. Whenever State provided motor pool vehicles are reasonably available and their use is practical 3 and an employee of the State shall request for his own benefit to use his or her personal vehicle in traveling on necessary 4 official business, a charge of 21.5 cents per mile will be allocated for the use of such vehicle and the employee shall bear 5 the expense of supplies and upkeep thereof. When such travel is by a State-owned automobile, the State shall bear the 6 expense of supplies and upkeep thereof but no mileage will be allowed. Agencies and employees are directed to use State 7 fueling facilities to the maximum extent possible, when such use is cost beneficial to the State. When using commercial 8 fueling facilities, operators of State-owned vehicles are directed to use self-service pumps. In traveling on the business of 9 the State, employees are required to use the most economical mode of transportation, due consideration being given to 10 urgency, schedules and like factors. 11 Mileage between an employee's home and his/her place of employment is not subject to reimbursement. 12 However, when an employee leaves on a business trip directly from his/her home, and does not go by the employee's 13 headquarters, the employee shall be eligible for reimbursement for actual mileage beginning at his/her residence. 14 K. That a State agency may advance travel and subsistence expense monies to employees of that agency for the 15 financing of ordinary and necessary travel required in the conducting of the business of the agency. The Budget and Control 16 Board is directed to develop and publish rules and regulations pertaining to the advancing of travel expenses and no State 17 agency shall make such advances except under the rules and regulations as published. All advances for travel and subsistence 18 monies shall be repaid to the agency within thirty (30) days after the end of the trip or by the end of the fiscal year, 19 whichever comes first. 20 L. That the State institutions of higher learning are authorized to reimburse reasonable relocation expenses for new 21 employees when such reimbursements are considered by the agency head to be essential to successful recruitment of 22 professionally competent staff members. 23 M. The State Budget and Control Board is authorized to promulgate and publish rules and regulations governing 24 travel and subsistence payments. 25 N. No state funds may be used to purchase first class airline tickets. 26 72.33. (GP: Asbestos Litigation Funds) All funds involved in the settlement of asbestos litigation cases, with the 27 exception of those funds involving the University of South Carolina system and Clemson University, must be deposited into 28 an interest bearing account in the State Treasurer's Office entitled "Asbestos Expense Trust Account". The University of 29 South Carolina system and Clemson University must deposit all funds involved in the settlement of asbestos litigation into 30 separate institutional interest bearing accounts entitled "Asbestos Expense Trust Account", with each institution's name 31 appropriately captioned in their respective accounts, to be maintained in the State Treasurer's Office. These accounts shall 32 only be used for expenses relating to asbestos litigation, asbestos abatement, or other asbestos related expenses or projects. 33 Such projects must be approved by the Budget and Control Board after review by the Joint Bond Review Committee. 34 72.34. (GP: State Port Authority Funds - Rent) Any funds derived by the State Port Authority from the rental, lease or 35 sale of any of its facilities shall be expended for the benefit of the particular Port where such facilities are located. 36 72.35. (GP: Rental Charges, Collections State Offices) Subsection (a). The Budget and Control Board is hereby directed 37 to assess and collect a rental charge from all departments and agencies of the State Government occupying space in State- 38 controlled office buildings. The amount charged each department or agency shall be calculated on a square foot, or other 39 equitable basis of measurement, and at such rates as will yield sufficient total annual revenue to cover, unless the Budget 40 and Control Board determines otherwise, in priority order, both (1) the annual principal and interest due on the Capital 41 Improvement Obligations authorized by Act No. 829 of the 1964 Acts, Act No. 1273 of the 1970 Acts and Act No. 508 of 42 the 1971 Acts and Act No. 1377 of the 1968 Acts as amended for projects administered by the Division of General Services
SECTION 72 - GENERAL AND TEMPORARY PAGE 574 1 and (2) maintenance and operation costs of State-controlled office buildings in the City of Columbia. The amount so 2 collected which is applicable to the payment of principal and interest due on obligations authorized by Act 1377 of the 1968 3 Acts as amended shall be paid into the State's General Fund to apply on debt service appropriations under the Section 119 4 of this Act. 5 Subsection (b). All departments and agencies against which rental charges are assessed and whose operations are financed 6 in whole or in part by Federal and/or other non-appropriated funds are directed to apportion the payment of such charges 7 equitably among all such funds, so that each shall bear its proportionate share. All appropriations in this Act applicable to 8 the rental of space in State-controlled buildings (exclusive of the Department of Transportation), shall be available only for 9 payment of that portion of rental charges applicable to State-appropriated operations. 10 Subsection (c). Rental collections shall be deposited by the Budget and Control Board in the State Treasury in a special 11 account and shall be expended only for (1) payment of principal and interest due on the obligations referred to in Subsection 12 (a) above and (2) maintenance and operations costs of the buildings referred to in Subsection (a) above. 13 72.36. (GP: Organizations Receiving State Appropriations Report) Each organization receiving a contribution in this 14 Act shall render to the state agency making the contribution by November 1 of the fiscal year in which funds are received, 15 an accounting of how the State funds will be spent, a copy of the adopted budget for the current year, and also a copy of 16 the organization's most recent operating financial statement. The funds appropriated in this Act for contributions shall not 17 be expended until the required financial statements are filed with the appropriate state agency. No funds in this Act shall 18 be disbursed to organizations or purposes which practice discrimination against persons by virtue of race, creed, color or 19 national origin. The State Auditor shall review and audit, if necessary, the financial structure and activities of each 20 organization receiving contributions in this Act and make a report to the General Assembly of such review and/or audit, when 21 requested to do so by the Budget and Control Board. 22 72.37. (GP: Information Technology - Report of Requested Increases) The Budget and Control Board, through the 23 Information Technology Planning Process of the Division of Budget and Analyses, is authorized and directed to identify all 24 expenditures and requested increases for information technology for Agencies, Institutions or Departments, with the exception 25 of colleges, and universities and technical institutions, compile the request requests into one report, evaluate and place 26 priorities on each request, and recommend funding levels the requests and forward the evaluation to the Governor, the 27 Chairman of Senate Finance Committee and the Chairman of the House Ways & Means Committee. No agency shall commit 28 to expend more funds for information technology than allocated to the agency for the purpose without first receiving an 29 approved transfer of such funds from other budget items. 30 72.38. (GP: Lump-Sum Agencies Expenditure Report) Beginning with Fiscal Year 1993-94, all lump-sum agencies shall 31 prepare, annually, a year-end expenditure report that reflects total expenditures by source of funds, program, sub-program, 32 personnel by minor object code, and all other expenditures by major object codes as defined by the Comptroller General's 33 Office. This report shall be submitted to the Division of Budget and Analyses of the Budget and Control Board no later than 34 75 days following the close of each fiscal year. 35 72.39. (GP: Printing Costs Disclosure on State Publications) All agencies using appropriated funds shall print on the 36 last page of all bound publications the following information: 37 (1) Total Printing Cost 38 (2) Total Number of Documents Printed 39 (3) Cost Per Unit 40 The President Pro Tempore of the Senate, the Speaker of the House, Legislative Printing and Information Technology 41 Resource, the Presidents of each institution of higher education, and the State Board for Technical and Comprehensive 42 Education may exempt from this requirement, documents published by their respective agencies. Agency publications which
SECTION 72 - GENERAL AND TEMPORARY PAGE 575 1 are produced for resale are also exempt from this requirement. Publications of public relations nature, produced by Parks, 2 Recreation and Tourism, and the Division of State Development are exempt from this requirement. 3 72.40. (GP: PORS Retirees Salary Limit) Notwithstanding the provisions of subsections (1) and (2) of Section 9-11-90, 4 a retired member of the System may return to employment covered by the System and earn up to twelve thousand five 5 hundred thirteen thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the 6 System. If the retired member continues in service after having earned twelve thousand five hundred thirteen thousand 7 dollars in a fiscal year, his retirement allowance must be discontinued during the period of service in the remainder of the 8 fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 9 apply. The provisions of this section do not apply to an employee or member of the System who has retired mandatorily 10 because of age pursuant to Section 9-1-1530. 11 72.41. (GP: SCRS Retirees Salary Limit) Notwithstanding any other provision of law, a retired member of the System 12 may return to employment covered by the System and earn up to twelve thousand five hundred thirteen thousand dollars a 13 fiscal year without affecting the monthly retirement allowance he is receiving from the System. If the retired member 14 continues in service after having earned twelve thousand five hundred thirteen thousand dollars in a fiscal year, his retirement 15 allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues 16 for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not 17 apply to an employee or member of the System who has retired mandatorily because of age pursuant to Section 9-1-1530. 18 72.42. (GP: State Owned Aircraft - Maintenance Logs) Each agency having in its custody one or more aircraft shall 19 maintain a continuing log on all flights, which shall be open for public inspection. Any and all aircraft owned or operated 20 by agencies of the State Government shall be used only for official business. The Division of Aeronautics and other agencies 21 owning and operating aircraft may furnish transportation to the Governor, Constitutional Officers, members of the General 22 Assembly, members of state boards, commissions, and agencies and their invitees for official business only; no member of 23 the General Assembly, no member of a state board, commission or committee, and no state official shall use any aircraft 24 of the Division of Aeronautics unless the member or official files within forty-eight hours after the time of departure of the 25 flight with the Division of Aeronautics a sworn statement certifying and describing the official nature of his trip; and no 26 member of the General Assembly, no member of a state board, commission or committee, and no state official shall be 27 furnished air transportation by a state agency other than the Division of Aeronautics unless such agency prepares and 28 maintains in its files a sworn statement from an appropriate official of the agency certifying that the member's or state 29 official's trip was in conjunction with the official business of the agency. Official business shall not include routine 30 transportation to and from meetings of the General Assembly or committee meetings for which mileage is authorized. 31 All logs shall be signed by the parties using the flight and the signatures shall be maintained as part of the permanent 32 record of any agency. All passengers shall be listed on the flight log by their legal name; passengers flying with an 33 appropriate official of SLED or the Division of State Development whose confidentiality must, in the opinion of SLED or 34 the Division, be protected shall be listed in writing on the flight log as "Confidential Passenger SLED or the Division of State 35 Development (strike one)" and the appropriate official of SLED or the Division shall certify to the agency operating the 36 aircraft the necessity for such confidentiality. 37 Violation of the above provisions of this section is prima facie evidence of a violation of Section 8-13-410(1) of the 1976 38 Code and shall subject a violating member of the General Assembly to the ethics procedure of his appropriate house and shall 39 subject a violating member of a state board, commission or committee, or a state official to the applicable ethics procedure 40 relating to them as provided by law. The above provisions do not apply to aircraft of the Division of Aeronautics when used 41 by the Medical University of South Carolina, nor to aircraft of the athletic department or the educational foundations of any 42 state-supported institution of higher education.
SECTION 72 - GENERAL AND TEMPORARY PAGE 576 1 Aircraft owned by agencies of state government shall not be leased to individuals for their personal use. 2 72.43. (GP: State Primary Prevention Strategy) The Human Services Coordinating Council is designated as the entity 3 responsible for developing and coordinating the implementation of a plan for a State Primary Prevention Strategy. Primary 4 prevention is defined as programs which seek to prevent the onset of disease, disability or high risk behaviors through the 5 enhancement of individual and community protective factors and the reduction of risk factors. The plan must be submitted 6 to the Governor, Chairman of Ways and Means and Chairman of Senate Finance for approval. Upon their approval, 7 participating agencies are authorized to utilize those funds identified as the State Primary Prevention Strategy in Section 30. 8 The project plan must provide: 1) A primary prevention mission statement; 2) Project objectives; 3) Current and proposed 9 service efforts and accomplishment indicators (input, output, outcomes and efficiency); 4) A description of the anticipated 10 benefits and costs; and 5) An independent evaluator component. 11 72.44. (GP: Carry Forward) Each agency shall be authorized to carry forward unspent general fund appropriations from 12 the prior fiscal year into the current fiscal year, up to a maximum of 10% 5% of its original general fund appropriations less 13 any appropriation reductions for the current fiscal year. Agencies shall not withhold services in order to carry forward 14 general funds. 15 This provision is suspended if necessary to avoid a fiscal year-end general fund deficit. For purposes of this proviso, 16 the amount of the general fund surplus/deficit shall be considered after all appropriations from the Capital Reserve Fund have 17 been allowed and before any transfers from the General Reserve. The amount of general funds needed to avoid a year-end 18 deficit shall be reduced proportionately from each agency's carry forward amount. 19 Agencies which have separate general fund carry forward authority must exclude the amount carried forward by such 20 separate authority from their base for purposes of calculating the 10% 5% carry forward authorized herein. Any funds that 21 are carried forward as a result of this provision are not considered part of the base of appropriations for any succeeding 22 years. Notwithstanding any other provisions of law, state agencies and institutions shall be allowed to spend carry forward 23 monies from the previous fiscal year to provide selected employees a one-time lump sum bonus not to exceed $1,000, based 24 on objective guidelines established by the Budget and Control Board. This payment is not a part of the employee's base 25 salary and is not earnable compensation for purposes of employee and employer contributions to respective retirement 26 systems. 27 72.45. (GP: Publication List for General Assembly) With the exception of the Governor's Executive Budget and related 28 documents, telephone directories, training manuals, code manuals or other such reference materials, and notwithstanding any 29 other requirement, mandate, or provision of this act to the contrary, no agency, department, or entity of state government 30 shall provide the General Assembly with a hard copy of any publications whether or not such publications, reports or other 31 documents are required to be furnished to the General Assembly by law. Any such transmission shall be made by electronic 32 medium in such format and form and in accordance with such technical standards as may be established by the Office of 33 Legislative Printing and Information Technology Resources (LPITR). LPITR shall make any such information transmitted 34 available through its network except for those documents or portions of documents it deems necessary or more efficient for 35 an agency to produce in hard copy form. Any report governed by the requirements of this proviso may be published in hard 36 copy form if authorized by the Speaker of the House and the President Pro Tempore of the Senate. With the exception of 37 the Governor's Executive Budget and related documents and telephone directories, and notwithstanding any other 38 requirement, mandate, or provision of this act to the contrary, no agency, department, or entity of state government shall 39 provide the General Assembly with hard copies of a publication whether or not the publication, report, or other document 40 is required to be furnished to the General Assembly by law, and a publication only may be provided to a member of the 41 General Assembly if the member requests the publication. Nothing herein prevents the agency or department from 42 transmitting such publications to the Office of Legislative Printing and Information Technology Resources (LPITR) by
SECTION 72 - GENERAL AND TEMPORARY PAGE 577 1 electronic medium in such format and form and in accordance with such technical standards as may be established by 2 LPITR. LPITR may make any such information transmitted available through its network. Any report governed by the 3 requirements of this proviso may be published in hard copy form if authorized by the Speaker of the House and the President 4 Pro Tempore of the Senate. 5 72.46. (GP: Regulatory Audit) Each agency shall conduct a jurisdictional audit for the purpose of identifying laws, 6 regulations and provisos which are not being used or no longer need to be regulated. After identifying these laws, repeals 7 are to be drafted for submission to the General Assembly. 8 72.47. (GP: Written Notice of Fee Changes) All state administrative or executive agencies which have the authority to 9 impose charges, fines, fees, levies, or penalties, of any nature, pursuant to statutory or regulatory authorization, shall give 10 written notice if requested to any person affected by or subject to the assessment prior to collection. The notice required 11 pursuant to this section shall include an appropriate citation to the relevant statutory or regulatory provision which authorizes 12 the imposition of the assessment. No assessment made by a state administrative or executive agency against an affected 13 person shall be valid, absent express statutory or regulatory authorization. 14 72.48. (GP: TEFRA-Tax Equity and Fiscal Responsibility Act) It is the intent of the General Assembly that the State 15 Medicaid Plan be amended to provide benefits for disabled children as allowed by the Tax Equity and Fiscal Responsibility 16 Act (TEFRA) option. State agencies, including but not limited to, the Office of the Governor - the Continuum of Care, the 17 Department of Health and Environmental Control, the Department of Mental Health, the Department of Disabilities and 18 Special Needs, and the Department of Health and Human Services shall collectively review and identify existing state 19 appropriations within their respective budgets that can be used as state match to serve these children. Such funds shall be 20 used effective January 1, 1995 to implement TEFRA option benefits. 21 72.49. (GP: HUGO Reimbursement) Notwithstanding Section 11-9-125, any state agency, college, or university which 22 has a grant agreement with and has received prior disaster reimbursements for losses incurred during Hurricane Hugo from 23 the Office of State Public Assistance and where said state agency, college or university may not have received full 24 reimbursement for eligible program management costs associated with disaster recovery activities incurred during Hurricane 25 Hugo may seek further reimbursement for eligible program management costs related to Hurricane Hugo and is authorized 26 to retain these funds for use within the agency's operating budget. 27 72.50. (GP: Frequent Flyer Premiums) State agencies and employees shall select air carriers based on cost and time 28 criteria, not on whether frequent flyer premiums are given. State agencies should ensure that employees earning frequent 29 flyer premiums while traveling on State business use them to reduce the cost of subsequent business travel whenever possible. 30 72.51. (GP: Prison Industries) All agencies funded in this Act, when procuring goods and services, shall first consider 31 contracting for services or purchasing goods and services through the Department of Corrections' Prison Industries Program. 32 The Department of Corrections shall furnish, upon request, to all agencies a catalogue of goods and services provided by 33 Prison Industries. The Department is hereby directed to develop and market a catalogue of Prison Industries products for 34 nationwide circulation. 35 72.52. (GP: Out-Of-State Travel Report) Annually on October 1, the Comptroller General shall issue a report on out-of- 36 state travel expenditures for the prior fiscal year which shall be distributed to the Senate Finance Committee, the House Ways 37 and Means Committee and the Statehouse Press Room. The Comptroller General may use up to $500 of general fund 38 appropriations for the purpose of providing copies to the media or the public upon request. The report must contain a listing 39 for every agency receiving an appropriation in the annual General Appropriations Act. The listing must show at a minimum 40 the top ten percent of employees for whom out-of-state travel expenses and registration fees were paid within each agency, 41 not to exceed one hundred twenty-five employees per agency. Agencies should include position titles for each of the top 42 twenty-five travelers for each agency. Expenditures must include state, federal and other sources of funds. The list for each
SECTION 72 - GENERAL AND TEMPORARY PAGE 578 1 agency must be in rank order with the largest expenditure first and the name of the employee must be shown with each 2 amount. Agencies should include a brief summary of the type of out-of-state travel the agency incurs. The Comptroller 3 General may provide additional information as deemed appropriate. The Comptroller General shall provide no exceptions 4 to this report in that the information contained is not considered confidential or restricted for economic development 5 purposes. However, further disclosure of detailed information shall be restricted as provided for by law. 6 72.53. (GP: PSC Transfer to DOR - 9 FTE) The nine positions now at the Public Service Commission whose duties 7 include enforcement of Article 3, Chapter 23 of Title 58 of the 1976 Code which have been transferred to the Department 8 of Revenue and Taxation, including the personnel providing supervision and administrative support, shall be transferred to 9 that department at their current salary. All positions transferred to the Department of Revenue and Taxation shall be funded 10 from the motor carrier registration fees collected by the Department of Revenue and Taxation that previously were collected 11 by the Public Service Commission. 12 72.54. (GP: PSC Transfer to DOR - 5 FTE) The five positions now performing duties which include enforcing the 13 provisions of Article 5, Chapter 23, Title 58 of the 1976 Code at the Public Service Commission shall be transferred to the 14 Department of Revenue and Taxation at their current salary. All positions transferred to the Department of Revenue and 15 Taxation shall be funded from the motor carrier registration fees collected by the Department of Revenue and Taxation that 16 previously were collected by the Public Service Commission. 17 72.55. (GP: PSC Transfer to DPS - 18 FTE) The eighteen positions at the Public Service Commission presently 18 performing enforcement of the commercial motor vehicle carrier laws shall be transferred to the Department of Public Safety 19 or another state law enforcement agency if directed by the Budget and Control Board at their current salary and funded from 20 the motor carrier registration fees collected by the Department of Revenue and Taxation that previously were collected by 21 the Public Service Commission. 22 72.56. (GP: RIF Due to Elimination of Vehicle Inspection Program) Employees affected by the reduction in force at 23 the Department of Public Safety due to the elimination of the Vehicle Inspection Program must be afforded, if qualified, first 24 preference for all vacant positions that are offered to be filled, as of July 1, 1995, to July 1, 1996, by the Department of 25 Revenue, Department of Transportation, Department of Public Safety, and Department of Natural Resources. It shall be the 26 responsibility of the Department of Public Safety to make every effort to find appropriate placement throughout state 27 government for the affected employees. No hiring freeze adopted in this Act shall override this proviso. 28 72.57. (GP: Educational Assistance Endowment Fund) Notwithstanding provisions contained within this act, for this 29 fiscal year only, the revenue credited to the Educational Assistance Endowment Fund pursuant to Section 48-47-175(C) shall 30 be used as follows: $7,000,000 for University of Charleston -- Acquisition of Adjoining Property, $4,000,000 for Greenville 31 Higher Education Consortium, $5,400,000 for Archives and History -- History Center, $600,000 for the School for the Deaf 32 and Blind -- Maintenance and Equipment, and $185,000 for Wil Lou Gray Opportunity School -- Building Maintenance with 33 the remaining funds to be distributed on a seventy percent-thirty percent basis to Public School Facilities Assistance and 34 Higher Educational Scholarship Grants, respectively; however no less than $39,400,000 shall go to Scholarship Grants. 35 72.58. (GP: Transfer of Functions) All matters relating to the enforcement and administration of the provisions of 36 Chapters 1, 3, 5, 10 and 27 of Title 56 of the 1976 Code are transferred from the Department of Revenue and Taxation to 37 the Department of Public Safety. 38 72.59. (GP: School Technology Initiative) From the funds appropriated/authorized to the Budget and Control Board's 39 Office of Information Resources for school technology, the Board shall, in consultation with the State Department of 40 Education and South Carolina Educational Television, begin the development of a statewide educational technology initiative. 41 This initiative is intended to provide technology connectivity, including tape and delay centers, satellite dishes and receivers 42 and telecommunications infrastructure, for K-12 public schools throughout the State and should, to the maximum extent
SECTION 72 - GENERAL AND TEMPORARY PAGE 579 1 possible, involve public-private sector collaborative efforts. The Budget and Control Board shall retain and carry forward 2 funds to be used for the same purpose. 3 72.60. (GP: Disabled & Mentally Ill Employment Task Force) A task force shall be established to develop a plan to 4 maximize the employment of persons with severe disabilities and persons diagnosed with mental illness and to maximize the 5 use of current resources to support this effort. Task force members shall include the Director of Vocational Rehabilitation, 6 the Director of the Department of Mental Health and the Director of the Department of Disabilities and Special Needs or 7 their designees; a county-level director from Vocational Rehabilitation, the Department of Mental Health and the Department 8 of Disabilities and Special Needs from rural counties or their designees; a county-level director from Vocational 9 Rehabilitation, the Department of Mental Health and the Department of Disabilities and Special Needs from an urban county 10 or their designees; and ten consumers/family members to represent and to be divided equally among the areas of mental 11 retardation, autism, head injuries, spinal cord injuries and mental illness. This task force shall be established no later than 12 July 15, 1996. The task force shall review what our state and other states provide in the area of vocational services to these 13 populations to identify ways our system can improve in serving these population's employment needs. A report will be 14 presented with specific recommendations for improvement to the House Ways and Means Committee, the Senate Finance 15 Committee, and the Governor's Office by January 15, 1997. 16 72.61. (GP: Common Intake & Assessment Task Force) A common intake and assessment procedure and a plan for its 17 use shall be developed by a task force to include a representative from each agency that provides services to children with 18 disabilities and their families. The agencies shall include the directors of the Department of Education, the Department of 19 Disabilities and Special Needs, the Department of Health & Environmental Control, the Department of Mental Health and 20 the Department of Social Services or their designees. The task force shall also include five advocates/consumers/family 21 members who have children using services from these agencies. A report shall be submitted to the House Ways and Means 22 Committee, the Senate Finance Committee and the Governor's Office by January 15, 1997. This task force shall continue 23 and report annually for three years on the implementation, quality and success of this plan. 24 72.62. (GP: USC Blind & Visually Impaired Program) DELETED 25 72.63. (GP: Immunization System) The Department of Health & Environmental Control, in conjunction with the 26 Department of Health & Human Services, shall use the funds appropriated for the immunization program to enhance the 27 vaccination delivery system, emphasizing public/private partnerships in the funding and delivery systems, increase community 28 participation, education and partnerships. The strategic objective of this system shall be to eliminate vaccine-preventable 29 diseases in South Carolina. These agencies will monitor the quality and effectiveness of this system through the development 30 of an accessible statewide immunization information system and shall report annually by January 15th to the Governor, the 31 House Ways and Means Committee and the Senate Finance Committee. However, if adequate federal funds are made 32 available, any excess funds must be remitted to the General Fund. 33 72.64. (GP: (Long Term Care System) The Department of Health and Human Services and the Department of Health 34 and Environmental Control shall, in coordination with other appropriate agencies and organizations, develop a system of 35 services which provides a continuum of long term care services for elderly individuals and their families. The system shall 36 integrate available funding streams, design a common intake system, incorporate recipient directed care and voucher options 37 to the extent possible, expand the current continuum to better address all levels of care needed and develop an 38 eligibility/access system. The agencies will identify any changes necessary in the certificate of need rules which will better 39 support this system by lowering cost and increasing access. The system shall include a process to routinely assess the system 40 of care focusing on quality, access, outcomes and efficiency. The agencies shall report annually to the Governor, to the 41 House Ways and Means Committee and to the Senate Finance Committee no later than January 15th on this system. 42 72.65. (GP: Highway Safety & Criminal Justice Grants) Effective July 1, 1996, or as soon as practical thereafter, the
SECTION 72 - GENERAL AND TEMPORARY PAGE 580 1 Department of Public Safety shall transfer to the Governor's Office all personnel and funds, regardless of source, assigned 2 to the administration of Federal Highway Safety & Department of Justice Grants. All increases/decreases to the affected 3 programs since FY 1993-94 will be recognized by the transfer. The Office of State Budget of the Budget & Control Board 4 shall assist and coordinate the transfer of the appropriate budgetary line items. 5 72.66. (GP: Secretary of State Employee Rights) Where the provisions of this Act transfer the Office of the Secretary 6 of State or any particular entities, sections, division or portions thereof, to another state agency, department or division, the 7 related employees of the Office of the Secretary of State are also transferred to and become part of the receiving agency, 8 department or division unless otherwise specifically provided. All classified and unclassified personnel employed by the Office 9 of the Secretary of State on the effective date of this Act shall become employees of the receiving agency, department or 10 division, and retain the same compensation, and grade level, as applicable, unless otherwise specifically provided. 11 Employees transferred under this provision will not experience a break in service and, if at the time of transfer, they are 12 covered by the provisions of the State Employee Grievance Procedure Act of 1982, they continue to be covered by the 13 provisions of that Act. This provision applies only to those employees who have at least a "meets" performance requirements 14 rating in their position with the Office of the Secretary of State prior to the effective date of this Act. 15 72.67. (GP: Public Relations Contract Services) All state agencies or other entities existing by state law that receive an 16 annual appropriation are required to file a report with the State Ethics Commission listing all contracts for public relations, 17 communications, and legislative strategy services. This report shall include the terms, conditions, and amounts expended 18 for these purposes and shall be submitted by June 30, 1997. 19 72.68. (GP: Establish Positions for DPS New Trooper Class) The Budget and Control Board, based on an estimate of 20 available revenue by the Department of Public Safety, is directed to establish the appropriate number of positions for a new 21 trooper class. 22 72.69. (GP: State Operated Day Care Facilities Fees) Any state agency receiving funding in this Act and any higher 23 education institution, including 4 year institutions, 2 year institutions, and technical colleges, that operates an early 24 childhood development center or day care facility shall charge, at a minimum, fees that are comparable to those charged 25 by private day care facilities in the local community. The institution or agency shall not restrict enrollment in the center 26 solely to the children of faculty, staff, and students of the institution; nor shall fees be set at a lower level for faculty, staff, 27 or students of the institution or agency. 28 72.70. (GP: Prevent Welfare Reform Duplication of Services) The intent of the General Assembly is that the Department 29 of Social Services not duplicate services available at the Employment Security Commission and other state agencies. All state 30 agencies are directed to cooperate with DSS as it implements the Family Independence Act of 1995. Monies appropriated 31 for the purpose of implementing the Family Independence Act of 1995 and used to hire persons or procure services for 32 employment training purposes shall be reported to the Governor to ensure duplication of services does not occur. 33 72.71. (GP: Study Effectiveness of AFDC Recipients Day Care) DELETED 34 72.72. (GP: BCB-Division of Operations: School District Private Contracting Solicitation) By December 1, 1996, the 35 Division of Operations of the Budget and Control Board, in consultation with the Department of Education, will conduct a 36 feasibility study as to the most efficient means of providing school transportation services. The Department of Education shall 37 not proceed with solicitations for proposals until the study completed by the Budget and Control Board has been submitted 38 to, reviewed and approved by the Governor and the General Assembly. 39 72.73. (GP: SDE Agriculture Education Transfer to Clemson PSA) The Budget and Control Board, in conjunction with 40 the Department of Education, shall transfer all funds, regardless of source, and positions both directly and indirectly 41 associated with Agricultural Education at the Department of Education to Clemson-PSA no later than July 15, 1996. The 42 Department of Education shall submit a report reflecting the positions, funds and method for determining the amount and
SECTION 72 - GENERAL AND TEMPORARY PAGE 581 1 number of positions to be transferred to the Chairman of the Senate Education Committee and the Chairman of the House 2 Education and Public Works Committee by July 10, 1996. 3 4 5 SECTION 73 6 7 73.1. (Year End Expenditures) Unless specifically authorized herein, the appropriations provided in Part I of this Act 8 as ordinary expenses of the State Government shall lapse on July 31, 1996. 1997. State agencies are required to submit all 9 current fiscal year input documents to the Comptroller General's Office by July 19, 1996. July 18, 1997. Appropriations 10 for Permanent Improvements, now outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which 11 such appropriations were provided, unless definite commitments shall have been made, with the approval of the State Budget 12 and Control Board and Joint Bond Review Committee, toward the accomplishment of the purposes for which the 13 appropriations were provided. Appropriations for other specific purposes aside from ordinary operating expenses, now 14 outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which such appropriations were provided, 15 unless definite commitments shall have been made, with the approval of the State Budget and Control Board, toward the 16 accomplishment of the purposes for which the appropriations were provided. 17 18 END OF PART I
INDEX BY AGENCY AND SECTION NUMBER AGY SECTION AGENCY NAME PAGE SECTION 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470 SECTION 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470 SECTION 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471 SECTION 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471 A99 SECTION 3 LEGISLATIVE DEPARTMENT . . . . . . . . . . . . . . . . 471 B04 SECTION 4A JUDICIAL DEPARTMENT . . . . . . . . . . . . . . . . . 477 C05 SECTION 5 ADMINISTRATIVE LAW JUDGE DIVISION . . . . . . . . . . 478 D21 SECTION 6DD THE GOVERNOR . . . . . . . . . . . . . . . . . . . . . 478 E08 SECTION 8 SECRETARY OF STATE'S OFFICE . . . . . . . . . . . . . 482 E12 SECTION 9 COMPTROLLER GENERAL'S OFFICE . . . . . . . . . . . . . 482 E16 SECTION 10 STATE TREASURER'S OFFICE . . . . . . . . . . . . . . . 483 E20 SECTION 11 ATTORNEY GENERAL'S OFFICE . . . . . . . . . . . . . . . 483 E21 SECTION 12 PROSECUTION COORDINATION COMMISSION . . . . . . . . . . 485 E23 SECTION 14 COMMISSION ON INDIGENT DEFENSE . . . . . . . . . . . . 485 E24 SECTION 15 ADJUTANT GENERAL'S OFFICE . . . . . . . . . . . . . . . 488 E28 SECTION 16 ELECTION COMMISSION . . . . . . . . . . . . . . . . . . 489 F05 SECTION 17A B&C BOARD, DIV. OF THE EXECUTIVE DIRECTOR . . . . . . . 490 F07 SECTION 17B B&C BOARD, DIVISION OF OPERATIONS . . . . . . . . . . . 491 F09 SECTION 17C B&C BOARD, DIVISION OF BUDGET AND ANALYSES . . . . . . 493 F27 SECTION 17D B&C BOARD, STATE AUDITOR'S OFFICE . . . . . . . . . . . 497 F29 SECTION 17E B&C BOARD, RETIREMENT DIVISION . . . . . . . . . . . . 498 F30 SECTION 17F B&C BOARD, EMPLOYEE BENEFITS . . . . . . . . . . . . . 498 F31 SECTION 17G B&C BOARD, CAPITAL RESERVE FUND . . . . . . . . . . . 499 H03 SECTION 18A COMMISSION ON HIGHER EDUCATION . . . . . . . . . . . . 500 H06 SECTION 18B HIGHER EDUCATION TUITION GRANTS . . . . . . . . . . . . 504 H09 SECTION 18C THE CITADEL . . . . . . . . . . . . . . . . . . . . . . 504 H45 SECTION 18K UNIVERSITY OF SOUTH CAROLINA . . . . . . . . . . . . . 505 H54 SECTION 18M MEDICAL UNIVERSITY OF S.C. . . . . . . . . . . . . . . 505 H59 SECTION 18N TECHNICAL & COMPREHENSIVE EDUCATION . . . . . . . . . . 506 H63 SECTION 19 DEPARTMENT OF EDUCATION . . . . . . . . . . . . . . . . 507 H63 SECTION 19A DEPARTMENT OF EDUCATION, EIA . . . . . . . . . . . . . 513 H67 SECTION 20 EDUCATIONAL TELEVISION COMMISSION . . . . . . . . . . . 520 H71 SECTION 21 WIL LOU GRAY OPPORTUNITY SCHOOL . . . . . . . . . . . . 520 H73 SECTION 22 VOCATIONAL REHABILITATION . . . . . . . . . . . . . . . 521 H75 SECTION 23 SCHOOL FOR THE DEAF AND THE BLIND . . . . . . . . . . . 521 H79 SECTION 24 DEPARTMENT OF ARCHIVES & HISTORY . . . . . . . . . . . 522 H83 SECTION 25 CONFEDERATE RELIC ROOM & MUSEUM . . . . . . . . . . . . 524 H87 SECTION 26 STATE LIBRARY . . . . . . . . . . . . . . . . . . . . . 524 H91 SECTION 27 ARTS COMMISSION . . . . . . . . . . . . . . . . . . . . 525 H95 SECTION 28 STATE MUSEUM COMMISSION . . . . . . . . . . . . . . . . 525 J02 SECTION 29 DEPARTMENT OF HEALTH & HUMAN SERVICES . . . . . . . . . 526
INDEX BY AGENCY AND SECTION NUMBER AGY SECTION AGENCY NAME PAGE J04 SECTION 30 DEPT. OF HEALTH & ENVIRONMENTAL CONTROL . . . . . . . 528 J12 SECTION 31 DEPARTMENT OF MENTAL HEALTH . . . . . . . . . . . . . . 537 J16 SECTION 32 DEPT. OF DISABILITIES AND SPECIAL NEEDS . . . . . . . 538 J20 SECTION 33 DEPT. OF ALCOHOL & OTHER DRUG ABUSE SERVICE . . . . . 539 K05 SECTION 34 DEPARTMENT OF PUBLIC SAFETY . . . . . . . . . . . . . . 539 L04 SECTION 35 DEPARTMENT OF SOCIAL SERVICES . . . . . . . . . . . . . 540 L12 SECTION 36 JOHN DE LA HOWE SCHOOL . . . . . . . . . . . . . . . . 544 L24 SECTION 37 COMMISSION FOR THE BLIND . . . . . . . . . . . . . . . 544 L32 SECTION 38 HOUSING, FINANCE & DEVELOPMENT AUTHORITY . . . . . . . 544 L36 SECTION 39 HUMAN AFFAIRS COMMISSION . . . . . . . . . . . . . . . 544 L46 SECTION 40 COMMISSION ON MINORITY AFFAIRS . . . . . . . . . . . . 545 N04 SECTION 41 DEPARTMENT OF CORRECTIONS . . . . . . . . . . . . . . . 545 N08 SECTION 42 DEPARTMENT OF PROBATION, PAROLE & PARDON . . . . . . . 547 N12 SECTION 43 DEPARTMENT OF JUVENILE JUSTICE . . . . . . . . . . . . 547 P12 SECTION 44 FORESTRY COMMISSION . . . . . . . . . . . . . . . . . . 548 P16 SECTION 45 DEPARTMENT OF AGRICULTURE . . . . . . . . . . . . . . . 548 P20 SECTION 46 CLEMSON UNIVERSITY - PSA . . . . . . . . . . . . . . . 548 P24 SECTION 47 DEPARTMENT OF NATURAL RESOURCES . . . . . . . . . . . . 549 P26 SECTION 48 SEA GRANT CONSORTIUM . . . . . . . . . . . . . . . . . 550 P28 SECTION 49 DEPARTMENT OF PARKS, RECREATION & TOURISM . . . . . . . 550 P32 SECTION 50 DEPARTMENT OF COMMERCE . . . . . . . . . . . . . . . . 551 R04 SECTION 54 PUBLIC SERVICE COMMISSION . . . . . . . . . . . . . . . 553 R08 SECTION 55 WORKERS' COMPENSATION COMMISSION . . . . . . . . . . . 554 R12 SECTION 56 STATE ACCIDENT FUND . . . . . . . . . . . . . . . . . . 554 R20 SECTION 59 DEPARTMENT OF INSURANCE . . . . . . . . . . . . . . . . 554 R23 SECTION 60 STATE BOARD OF FINANCIAL INSTITUTIONS . . . . . . . . . 555 R28 SECTION 61 DEPARTMENT OF CONSUMER AFFAIRS . . . . . . . . . . . . 555 R36 SECTION 62 DEPT. OF LABOR, LICENSING & REGULATIONS . . . . . . . . 556 R44 SECTION 63 DEPARTMENT OF REVENUE AND TAXATION . . . . . . . . . . 556 R60 SECTION 65 EMPLOYMENT SECURITY COMMISSION . . . . . . . . . . . . 558 X12 SECTION 68A AID TO SUBDIVISIONS-COMPTROLLER GENERAL . . . . . . . . 558 X50 SECTION 69 DEPARTMENT OF TRANSPORTATION . . . . . . . . . . . . . 559 X90 SECTION 72 GENERAL AND TEMPORARY . . . . . . . . . . . . . . . . . 561 SECTION 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . 581