General Appropriations Bill H. 3400 for the fiscal year beginning July 1, 1997
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1 PART IB
3 OPERATION OF STATE GOVERNMENT
5 SECTION 1
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
10 commodities and services, and income derived from any other departmental or institutional source of activity, must be
11 remitted to the State Treasurer at least once each week, when practical, and must be credited, unless otherwise directed
12 by law, to the General Fund of the State. Each institution, department or agency, in remitting such income to the State
13 Treasurer, shall attach with each such remittance a report or statement, showing in detail the sources itemized according
14 to standard budget classification from which such income was derived, and shall, at the same time, forward a copy of
15 such report or statement to the Comptroller General and the State Budget and Control Board. In order to facilitate the
16 immediate deposit of collections, refunds of such collections by the State institutions where properly approved by the
17 authorities of same, may be made in accordance with directions from the State Comptroller General and State Treasurer.
18 Revenues derived from the General Retail Sales Tax, the Soft Drinks Tax, and the State's portion of Revenue derived
19 from the Alcoholic Liquors Tax and Cable Television Fees, must be expended to cover appropriations herein made for
20 the support of the public school system of the State only, and any amount of such appropriations in excess of these
21 revenues shall be paid from other General Fund Revenues. Appropriations in this Act for the support of the public
22 school system shall include the following:
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
30 Above Agencies;
31 Debt Service on School Bonds.
32 Other School Purposes.
34 SECTION 1A
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
38 fiscal year. Transfers of funds may be approved by the Budget and Control Board under its authority or by the agency
39 as set forth herein in Section 72.9. Any agency which requests or transfers personal service funds must indicate on the
40 transfer document whether or not a reduction in force is involved. To the extent practicable, all agencies and
41 institutions having Federal or other funds available for the financing of their operation shall expend such funds in
42 accordance with the intent of this Act. The authorization to spend Federal and other funds shall be decreased to the
PAGE 423 1 extent that receipts from these sources do not meet the estimates as reflected in each Section of this Act; and any 2 increase shall be authorized through the review process as set forth in Act 651 of 1978 as amended. 3 4 SECTION 2 5 6 2.1. (Appropriations From Funds) Subject to the terms and conditions of this act, the sums of money set forth in 7 this Part, if so much is necessary, are appropriated from the general fund of the state, the education improvement act 8 fund, the highways and public transportation fund, and other applicable funds, to meet the ordinary expenses of the state 9 government for Fiscal Year 1996-97 1997-98, and for other purposes specifically designated. 10 11 SECTION 2A 12 13 2A.1. (Fiscal Year Definitions) For purposes of the appropriations made by this Part, "current fiscal year" means 14 the fiscal year beginning July 1, 1996 1997, and ending June 30, 1997 1998, and "prior fiscal year" means the fiscal 15 year beginning July 1, 1995 1996, and ending June 30, 1996 1997. 16 2A.2. (Descriptive Proviso Titles) Descriptive proviso titles listed in this Act are for purposes of identification only 17 and are not to be considered part of the official text. 18 19 A99 - SECTION 3 - LEGISLATIVE DEPARTMENT 20 21 3.1. (LEG: Legislative Employee Designations) The positions included in this section designated (P) shall denote 22 a permanent employee and the salary is an annual rate. The positions designated (T) shall denote a temporary employee 23 and the salary is for a period of six months to be paid at that rate only while the General Assembly is in session. The 24 positions designated as (Interim) shall denote a temporary employee and the salary is for a period of six months to be 25 paid at that rate while the General Assembly is not in session. The positions designated (PTT) shall denote part-time 26 temporary employees on a twelve months basis. The positions designated (PPT) shall denote permanent part-time 27 employees retained for full-time work on a six months basis or the duration of the legislative session. 28 3.2. (LEG: House Employee Reimbursement) The Speaker of the House is authorized to reimburse travel and 29 other expenses incurred by employees of the House of Representatives for official business in accord with current rules 30 and regulations. 31 3.3. (LEG: Approved Accounts Expenditure) The clerks of the two Houses and the Legislative Council are 32 authorized to issue their warrants on Approved Accounts for necessary extra clerical or other services upon approval of 33 the Speaker of the House or Lieutenant Governor, respectively. 34 3.4. (LEG: Legislative Employee BPI/Merit) Notwithstanding any other provision of law, legislative employees 35 designated (P) or (PPT) shall receive base pay and average merit pay in the same manner as such pay is granted to 36 classified state employees. For purposes of this proviso, "legislative employees" does not include employees of the 37 House of Representatives. 38 3.5. (LEG: House Employees Salary Adjustments) Necessary temporary or permanent research assistants for the 39 House of Representatives shall be paid from Approved Accounts of the House upon approval of the Speaker with the 40 advice and consent of the Chairman of the standing committees. The Speaker may adjust salary levels of employees of 41 the House, to be paid for from funds carried forward from the Research Assistant Accounts. 42 3.6. (LEG: Interim Expenses Allowance) The Chairman of the Standing House and Senate Committees shall
A99 - SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 424 1 each be allowed the sum of four hundred dollars for expenses during the interim, between sessions of the General 2 Assembly, to be paid from the House or Senate approved accounts, with each body paying the expense allowance of the 3 chairman in its membership. 4 3.7. (LEG: Subsistence/Travel Regulations) Notwithstanding any other provision of law: 5 a. Members of the General Assembly shall receive subsistence expense equal to the maximum allowable by 6 regulation of the Internal Revenue Code, for the Columbia area for each legislative day that the respective body is in 7 session and in any other instance in which a member is allowed subsistence expense. No member of the General 8 Assembly except those present are eligible for subsistence on that day. Legislative day is defined as those days 9 commencing on the regular annual convening day of the General Assembly and continuing through the day of 10 adjournment sine die, excluding Friday, Saturday, Sunday and Monday. 11 b. Standing Committees of the Senate and House of Representatives are authorized to continue work during the 12 interim. When certified by the Chairman, the members serving on such Committees shall receive a subsistence as 13 provided in item "a." above, mileage at the rate provided for by law, and the regular per diem established in this Act for 14 members of boards, commissions, and committees while attending scheduled meetings. Members may elect to receive 15 actual expenses incurred for lodging and meals in lieu of the allowable subsistence expense. The funds for allowances 16 specified in this proviso shall be paid to the members of the Senate or House of Representatives from the Approved 17 Accounts of the respective body except as otherwise may be provided. 18 c. Joint Study Committees created pursuant to Acts and Resolutions of the General Assembly are authorized to 19 continue work during the interim to secure such information and complete such investigations as may be assigned to the 20 respective Committees. When certified by the Chairman, the members appointed to such Committees shall receive a 21 subsistence as provided in item "a." above, mileage at the rate provided for by law and the regular per diem established 22 in this Act for members of boards, commissions, and committees while attending scheduled meetings. Members may 23 elect to receive actual expenses incurred for lodging and meals in lieu of the allowable subsistence expense. The 24 allowances specified in this proviso shall be paid from funds appropriated to the respective Committees for such 25 purposes, or from Approved Accounts of the respective body of the General Assembly if no funds have been 26 appropriated to such a Committee for these purposes. 27 d. Members of the Senate and the House of Representatives when traveling on official State business shall be 28 allowed a subsistence as provided in item "a." above, transportation expenses as provided for by law and the regular per 29 diem established in this Act for members of boards, commissions, and committees upon approval of the appropriate 30 Chairman. When traveling on official business of the Senate or the House of Representatives not directly associated 31 with a Committee of the General Assembly, members shall be paid the same allowance upon approval of the President 32 Pro Tempore of the Senate or the Speaker of the House of Representatives. In either instance, the members may elect to 33 receive actual expenses incurred for lodging and meals in lieu of the allowable subsistence expense. The funds for the 34 allowances specified in this proviso shall be paid from the Approved Accounts of the Senate or the House of 35 Representatives or from the appropriate account of the agency, board, commission, task force or committee upon which 36 the member serves. 37 3.8. (LEG: Expense/Compensation Vouchers) All vouchers for the payment of the expenses and/or compensation 38 of committees of the General Assembly shall be prepared by the Clerks of the two Houses. 39 3.9. (LEG: Senate Voucher Approval) All payroll vouchers disbursement vouchers, and interdepartmental 40 transfers of the Senate shall only require the approval of the Clerk of the Senate. 41 3.10. (LEG: Supplies Approval) Notwithstanding any other provision of law, all supplies for the Senate shall be 42 purchased only upon the authority of the Clerk of the Senate and all supplies for the House of Representatives shall be
A99 - SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 425 1 purchased only upon the authority of the Clerk of the House. 2 3.11. (LEG: Telephone Service) The Clerks of the Senate and the House, with the approval of the Senate 3 Operations and Management Committee and the Speaker of the House, respectively, shall cause to be installed such 4 telephone service as may be appropriate for use of the membership and presiding officer of each legislative body. 5 3.12. (LEG: Research Directors Appointment) The Speaker of the House shall appoint the Executive Director of 6 Research. The Speaker, with the advice and consent of the individual committee chairman, shall appoint the Director of 7 Research for each standing committee. 8 3.13. (LEG: House Pages) One hundred forty-four Pages shall be appointed by the Speaker of the House of 9 Representatives and they shall be available for any necessary service to the House of Representatives. 10 3.14. (LEG: Sergeant-At-Arms & Director of Security Duties) The duties of the Sergeant-at-Arms and Director of 11 Security of the respective Houses and/or Assistant Sergeant-at-Arms shall be those provided by the Code, the Rules of 12 the respective Houses, those designated by the President Pro Tempore of the Senate or the Speaker of the House, the 13 security of personnel and property of the respective Houses, and in addition the Sergeant-at-Arms and Director of 14 Security of the respective Houses and/or Assistant Sergeant-at-Arms shall meet and escort visitors in and about their 15 respective bodies and shall, during the hours of duty, be dressed in a distinctive manner so as to be easily identified as 16 Sergeant-at-Arms and Director of Security of the respective Houses. 17 3.15. (LEG: Leg. Council Employment/Salary Adjustments) The Legislative Council is authorized to employ 18 additional stenographic or other help between sessions as the Council may deem necessary, at such salary or salaries as 19 the Council may set, to be paid from Approved Accounts. Notwithstanding any limitation or other provision of law to 20 the contrary, the Legislative Council may adjust salaries for Legislative Council personnel. Any adjustments made must 21 be paid from funds appropriated for the Council or from the funds appropriated to the Council under Section 3C for this 22 purpose, or both. 23 3.16. (LEG: Leg. Information Systems Management) The Legislative Information Systems shall be under the 24 direction and management of a council composed of the President of the Senate, Speaker of the House, Chairman of 25 Senate Finance Committee, Chairman of House Ways and Means Committee, Chairman of the Senate Judiciary 26 Committee and Chairman 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 30 or approved by the State House Committee of the General Assembly, and that bidding, executing, and carrying out of 31 contracts shall be in accord with standing regulations and procedures for any other work of the same type applicable to 32 agencies and institutions of State government. 33 3.19. (LEG: Senate Research Personnel Compensation) Notwithstanding any other provision of law, Senate 34 Research personnel other than Directors of Research and the committee research staff shall be paid from funds 35 appropriated for Senate 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 37 section for Legislative Research shall be available upon request of the Committee Chairman to work with the standing 38 or interim 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 40 Pro Tempore, contract with state agencies and other entities for such projects, programs, and services as may be 41 necessary to the work of the respective committees. Any such projects, programs or services shall be paid from funds 42 appropriated for contractual services.
A99 - SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 426 1 3.22. (LEG: Jt. Leg. Committee Operational Authorization) Only the Joint Legislative Committees for which 2 funding is provided herein are authorized to continue operating during the current fiscal year under the same laws, 3 resolutions, rules 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 5 appropriated under Sections 3A, 3B, 3C, 3D, and 3G for the prior fiscal year which are not expended during that fiscal 6 year may be 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 8 the contrary, funds expended by the Senate for salary adjustments, professional fees and dues and necessary expenses, 9 supplies, and equipment for Senate employees, must be paid from funds appropriated to the Senate Operations and 10 Management Committee and funds available in approved accounts of the Senate, and shall be authorized and allocated 11 in such manner as 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 13 and basic health and accident insurance coverage as is provided other state employees pursuant to law. All of the 14 amount 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 16 of State Legislatures are appropriated to be paid as dues to the respective organizations and these funds shall not be 17 transferred 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 19 required 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 21 compensation of $300 per month for the months of July, 1994 through December, 1994. All members of the General 22 Assembly shall 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 24 providing additional support personnel to assist House members who are not already being furnished with direct 25 legislative assistance in the conduct of their Legislative responsibilities. This amount shall be used for staffing 26 requirements where necessary for part time personnel. The additional personnel shall be used only when the House is in 27 regular, extended, or special session. At a member's request, the House Operations and Management Committee may 28 use any unexpended portion of a member's allotment to purchase equipment for a member's office. The amount herein 29 appropriated for additional support personnel to assist House members shall be allocated to each member on a pro-rata 30 basis. Each member may choose to expend his allocation for an individual legislative aide or may choose to combine 31 his allocation with allocations of other House members for a legislative aide to assist each of the members contributing 32 to the expense of that aide. 33 3.30. (LEG: Per Diem) No per diem may be paid to any person from more than one source for any one calendar 34 day. 35 3.31. (LEG: House Postage) The Speaker of the House is authorized to approve no more than $600 per member 36 per fiscal year for postage. 37 3.32. (LEG: Legislative Dual Employment) Each committee and joint legislative committee provide a list to the 38 members of the General Assembly of all employees who hold dual positions of state employment. 39 3.33. (LEG: Legislative Council Proofreaders) The Director of the Legislative Council is authorized to have the 40 staff proofreaders work one month before and one month after the session. 41 3.34. (LEG: Study Committee - Education) A joint study committee, consisting of three members of the House 42 Ways and Means Committee appointed by the Chairman of the House Ways and Means Committee, one member of the
A99 - SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 427 1 House Education and Public Works Committee appointed by the Chairman of the House Education and Public Works 2 Committee, three members of the Senate Finance Committee appointed by the Chairman of the Senate Finance 3 Committee, one member of the Senate Education Committee appointed by the Chairman of the Senate Education 4 Committee, and three members appointed by the Governor, shall study formula funding in education programs. The 5 Chairman of the Senate Finance Committee shall convene the initial meeting of the study committee. The formulas to 6 be studied include those utilized in Education Finance Act programs, the determination of the Southeastern average 7 teacher pay, and the funding of institutions of post-secondary education. The State Board of Education, the State Board 8 for Technical and Comprehensive Education, the Commission on Higher Education and any institution of post- 9 secondary education or school district must provide the committee such information as the committee requests. The 10 first priority for committee study is the Education Finance Act including, but not limited to, the base student cost, the 11 index of taxpaying ability including specifically the impact of the emergence of totally self-reliant school districts upon 12 the formula and the annual inflation factor. The expenses of the legislative members of the study committee shall be 13 paid from the approved accounts of their respective bodies. The expenses of the gubernatorial appointees shall be 14 absorbed within the Governor's office. 15 3.35. (LEG: House Staff Reclassification/Compensation) The appropriation for Staff Reclassification 16 Compensation provided for in Section 3B is for use by the Speaker for reclassification and salary adjustment of any 17 employee of the House of Representatives after consultation with the Operations and Management Committee and the 18 chairmen of the other Standing Committees of the House. 19 3.36. (LEG: House/Senate Staff Outside Employment) Full-time employees of the House of Representatives and 20 the Senate are prohibited from outside employment during normal working hours, except with the permission of an 21 employee's department head, and annual leave must be taken for any approved outside employment. 22 3.37. (LEG: Guardian Ad Litem Pgm. Technology Equipment) Notwithstanding any other provision of law, or 23 agency regulation, requirement or policy to the contrary, the Guardian Ad Litem Program is authorized to procure 24 necessary technology equipment under the provisions and procedures set forth in Chapter 35 of Title 11 of the 1976 25 Code as amended. 26 3.38. (LEG: Dialup Facility) Upon review and approval by the Council as provided in 3.16., Legislative 27 Information Systems is authorized to charge fees for the use of its Dialup Facility and to retain, use and carry forward 28 these funds to be used only for equipment and maintenance for this Facility. 29 3.39. (LEG: Leg. Council Combined Position) The Director of the Legislative Council, with the approval of the 30 Council, is authorized to combine two or more stenographic, clerical, technical assistant, or administrative assistant 31 positions into one with a job description for the combined position to be approved by the Council, with a compensation 32 level also approved by the Council. The appropriations or any portion thereof for the positions combined into one may 33 be used to fund the combined position. 34 3.40. (LEG: Reorganization Comm. Publications Carry Forward) The State Reorganization Commission shall 35 provide a copy of all publications to each member of the General Assembly, the Governor, and the Lieutenant 36 Governor. The Commission may also provide a copy of publications to state agency directors. The Commission may 37 charge, for additional copies, and other requests for publications, an amount to cover the cost of printing and expenses 38 of postage and shipping of publications. Revenue generated may be retained and expended by the Commission to 39 reimburse it for the printing of its publications and to pay the expenses of postage and shipping. Any remaining balance 40 in the sale of publications account may be carried forward and expended for the same purpose. 41 3.41. (LEG: Sales Tax on Copies of Legislation) No sales tax is required to be charged or paid on copies of or 42 access to legislation or other informational documents provided to the general public or any other person by a legislative
A99 - SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 428 1 agency when a charge for these copies is made reflecting the agency's cost thereof. Funds received as revenue from the 2 sale of materials or as reimbursements for the cost of providing certain supplies or services or refunds must be remitted 3 to the State Treasurer as collected, but in no event later than twelve (12) working days from the date of the receipt of 4 any such funds. 5 3.42. (LEG: House Postage/Telephone Allocation) Any member of the House who has not used all of his annual 6 allocation for postage or all of his annual allocation for telephone expenses may use the remaining funds in one category 7 in the other category during that year. 8 3.43. (LEG: Jt. O&M Committee/Jt. Legislative Committees) It shall be the responsibility of the Joint Operations 9 and Management Committee to allocate funds to the Joint Legislative Committees. 10 3.44. (LEG: House Personnel BPI/Merit/Bonus Compensation) Notwithstanding any limitation or other provisions 11 of law to the contrary, the Speaker shall authorize and allocate any base pay increase, merit pay or bonus among House 12 staff in the manner that the Speaker determines after consultation with the Operations and Management Committee and 13 the Chairmen of the standing committees of the House. 14 3.45. (LEG: General Assembly Exemption) Notwithstanding any other provision of law or regulation, or any 15 limitation or provision contained in this act, each branch of the General Assembly is exempt from any provision which 16 requires the approval of the Budget and Control Board or any other executive branch agency for the expenditure, 17 management or transfer of any authorized appropriations. 18 3.46. (LEG: State House Renovation Schedule) The State House Committee is authorized, beginning in July 1994 19 to establish schedules for the completion of the State House Renovation project by January 1, 1997. General Services 20 must submit to the State House Committee, schedules that will accomplish these time frames. The General Assembly 21 will relocate to the Carolina Plaza for the 1996 and 1997 sessions. Work should begin at such time so as to ensure the 22 readiness of the Carolina Plaza for the 1996 and 1997 sessions of the General Assembly. Upon the approval of these 23 schedules by that Committee all current tenants of the State House will be relocated to other space within the Capital 24 Complex area. Reassignment of space by the State House Committee must be completed prior to the completion of the 25 State House Renovation project. 26 3.47. (LEG: House Ethics Committee) The House of Representatives Legislative Ethics Committee shall deposit 27 revenues from penalties assessed by the committee and copying of documents into the General Fund. 28 3.48. (LEG: Prohibit General Assembly Compensation - Felony Conviction) No member of the General Assembly 29 who has been convicted of a felony under state or federal law or who has pled guilty or nolo contendere to these 30 offenses may receive compensation or reimbursable expenses provided for members of the General Assembly in this 31 act. However, this item does not apply to a person who has been pardoned under state or federal law of the 32 disqualifying felony. 33 3.49. (LEG: Reorganization Commission Carry Forward Transfer) Of the funds carried forward from FY 96-97, 34 the State Reorganization Commission shall transfer $43,750 to the Legislative Audit Council. 35 36 B04 - SECTION 4A - JUDICIAL DEPARTMENT 37 38 4A.1. (JUD: Prohibit County Salary Supplements) County salary supplements of Judicial Department personnel 39 shall be prohibited. 40 4A.2. (JUD: County Offices For Judges) Every county shall provide for each circuit and family judge residing 41 therein an office with all utilities including a private telephone, and shall provide the same for Supreme Court Justices 42 and Judges of the Court of Appeals upon their request.
A99 - SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 429 1 4A.3. (JUD: Commitments to Treatment Facilities) The appropriation for continued implementation of Article 7, 2 Chapter 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 3 1976 Code, relating to commitments, admissions and discharges to mental health facilities, or treatment facility for the 4 purpose of alcohol and drug abuse treatment, shall be expended for the compensation of court appointed private 5 examiners, guardians ad litem, and attorneys for proposed patients, and related costs arising from the filing, service and 6 copying of legal papers and the transcription of hearings or testimony. Court appointed private examiners, guardians ad 7 litem and attorneys shall be paid at such rates or schedules as are jointly determined to be reasonable by the South 8 Carolina Association of Probate Judges, the State Court Administrator and the South Carolina Department of Mental 9 Health with the approval of the Attorney General. 10 4A.4. (JUD: Judicial Commitment) Except as otherwise provided in Section 72.1., no money appropriated 11 pursuant to Item VI, Judicial Commitment shall be used to compensate any state employees appointed by the court as 12 examiners, guardians ad litem or attorneys nor shall such funds be used in payment to any State agency for providing 13 such services by their employees. 14 4A.5. (JUD: Judicial Expense Allowance) Each Supreme Court Justice, Court of Appeals Judge, Family Court 15 Judge and Circuit Court Judge shall receive two hundred fifty dollars per month as expense allowance. 16 4A.6. (JUD: Special Judge Compensation) In the payment of funds from "Contractual Services," and 17 "Administrative Fund," that no Special Judge shall be paid for more than a two week term within a fiscal year except 18 that this restriction will not apply in case of an ongoing trial. 19 4A.7. (JUD: Advance Sheet Revenues Deposit) The Judicial Department must deposit in the General Fund of the 20 State during the current fiscal year, all advance sheet revenues, including any carried forward balance from prior years. 21 4A.8. (JUD: BPI/Merit) Judicial employees shall receive base and average merit pay in the same percentages as 22 such pay are granted to classified state employees. 23 4A9. (JUD: Supreme Court Bar Admissions Carry Forward) Any funds collected or carried forward from 24 Supreme Court Bar Admissions in excess of the amount required to be remitted to the General Fund may be carried 25 forward and expended in the current fiscal year for the benefit of the Bar Admissions unit. 26 4A.10. (JUD: Travel Reimbursement) State employees of the Judicial Department traveling on official state 27 business must be reimbursed in accordance with Section 72.32(J) of this Act. 28 4A.11. (JUD: Judicial Pay Increase) The amounts appropriated to the Judicial Department for judicial pay 29 increases shall be distributed in accordance with the following plan: effective on the first pay date that occurs on or 30 after November 1 of the current fiscal year, the compensation of the Chief Justice, Associate Justices, Court of Appeals 31 Judges, Circuit Court Judges and Family Court Judges shall be increased by 2.5%. 32 33 C05 - SECTION 5 - ADMINISTRATIVE LAW JUDGE DIVISION 34 35 5.1. (ALJ: Copying Costs Revenue Deposit) The Administrative Law Judge Division shall retain and expend, for 36 the same purpose for which it is generated, all revenue received during the current fiscal year as payment for printing 37 and distributing copies of court rules and other agency documents. 38 39 D21 - SECTION 6DD - GOVERNOR'S OFFICE 40 41 6DD.1. (GOV: OEPP - Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, 42 in Subsection 6C of this Section "Implementing Federal Programs" may be carried forward to the current fiscal year and
B04 - SECTION 4A - JUDICIAL DEPARTMENT PAGE 430 1 used for matching committed and/or unanticipated Grant Funds. 2 6DD.2. (GOV: OEPP - Mining Council Carry Forward) Any unexpended balance on June 30, of the prior fiscal 3 year of funds, not to exceed $2,000, appropriated under Section 6C I Special Items: Mining Council may be carried 4 forward and expended for this same purpose in the current fiscal year. 5 6DD.3. (GOV: OEPP - Developmental Disabilities Program) The South Carolina Developmental Disabilities 6 Program of the Office of the Governor, Office of Executive Policy and Programs is authorized to provide aid to sub- 7 grantees for projects and services to benefit persons with developmental disabilities. The intent of this provision is not 8 to duplicate other State Agency programs which are considered the legal and programmatic mandate of existing State 9 agencies, but rather to fill gaps that exist in the state service delivery system related to his target population as identified 10 and addressed in the Developmental Disabilities State Plan. 11 6DD.4. (GOV: OEPP - Development Disabilities Case Coordination System) $112,559, less any pro rata share 12 adjustment of any mandated base budget reduction, of the sums appropriated under OEPP, Allocations to Other State 13 Agencies must be for the South Carolina Development Disabilities Case Coordination System. 14 6DD.5. (GOV: OEPP - CCRS Evaluations & Placements) The amount appropriated in this Section under Special 15 Items Children's Case Resolution System for Private Placement of Handicapped School-Age Children must be used for 16 expenses incurred in the evaluation of children referred to the CCRS to facilitate appropriate placement and to pay up to 17 forty percent when placement is made in-state and up to thirty percent when placement must be made out-of-state of the 18 excess cost of private placement over and above one per pupil share of state and local funds generated by the Education 19 Finance Act, and the one per pupil share of applicable federal funds; provided it has been established that all other 20 possible public placements are exhausted or inappropriate. The balance of funding responsibility necessary to provide 21 the child with services must be determined by the Children's Case Resolution System (CCRS) and apportioned among 22 the appropriate public agencies on the basis of the reasons for the private placement. When the amount appropriated in 23 this section is exhausted, the funding responsibility must be apportioned according to the procedures of the CCRS. 24 6DD.6. (GOV: SLED - Special Account Carry Forward) Funds awarded to the State Law Enforcement Division by 25 either court order or from donations or contributions shall be deposited in a special account with the State Treasurer, and 26 shall be carried forward from year to year, and withdrawn from the Treasurer as needed to fulfill the purposes and 27 conditions of the said order, donations or contributions, if specified, and if not specified, as may be directed by the Chief 28 of the State Law Enforcement Division. Funds expended from the special account must be reviewed by the Joint 29 Appropriations Review Committee annually reported by October 1st to the Ways and Means Committee and the Senate 30 Finance Committee. 31 6DD.7. (GOV: SLED - Computer/Communications Center Carry Forward) Revenue generated from the operation 32 of the Division's criminal justice computer/communications center and not expended during the prior fiscal year may be 33 carried forward and expended for the same purpose during the current fiscal year. 34 6DD.8. (GOV: SLED - Criminal Record Search Fee) The State Law Enforcement Division is hereby authorized to 35 charge, collect and carry forward a fee, not to exceed $25 each, for criminal record searches conducted pursuant to 36 Regulations contained in Chapter 73, Article 3, Subarticle 1 of the Code of State Regulations. Any such fees shall be 37 retained and used for agency operations. 38 6DD.9. (GOV: SLED - Revenue Carry Forward) Notwithstanding any other provision of law, all revenue 39 generated by SLED from the sale of vehicles, various equipment, gasoline and insurance claims during the prior fiscal 40 year may be retained carried forward and expended for the purpose of purchasing like items. 41 6DD.10. (GOV: OEPP - Program Budget) The Governor's Office shall submit to the Ways and Means Committee 42 and Senate Finance Committee by January 1 of each year, a Program Budget for Section 6C enumerating the planned
D21 - SECTION 6DD - GOVERNOR'S OFFICE PAGE 431 1 use of Federal, State and Other Funds. 2 6DD.11. (GOV: SLED - Agents Operations Carry Forward) Any unexpended balance on June 30, of the prior fiscal 3 year, in subsection 6B of the Section "Agents Operations" may be carried forward and expended for the same purpose in 4 the current fiscal year. 5 6DD.12. (GOV: OEPP - CCRS Significant Fiscal Impact) In accordance with Section 20-7-5240 (e) of the 1976 6 Code, "significant fiscal impact" in the current fiscal year shall be defined for each designated agency as the greater of 7 (1) funds appropriated by the General Assembly for the current fiscal year on cases referred to, decided or placed 8 through the Children's Case Resolution System or (2) that agency's assigned shares in the current fiscal year of five 9 cases decided by the Children's Case Resolution System. 10 6DD.13. (GOV: SLED - Match for Federal Grants Carry Forward) State appropriations to SLED that are required to 11 provide match for federal grant programs in the prior fiscal year may be carried forward into the current fiscal year and 12 expended for the same purpose as originally appropriated. 13 6DD.14. (GOV: SLED - Night Telephone Operators Accommodations) The State Law Enforcement Division is 14 hereby authorized to provide accommodations/utility service without any charge to night telephone operators. 15 6DD.15. (GOV: SLED Clothing Allowance) The State Law Enforcement Division is hereby authorized to provide 16 agents and criminalists with an annual clothing allowance (on a pro rata basis) not to exceed $400 per agent/criminalist 17 for required clothing used in the line of duty. 18 6DD.16. (GOV: SLED - Witness Fee) The State Law Enforcement Division is hereby authorized to charge a 19 witness fee of $100.00 per hour up to $400.00 per day for each criminalist testifying in civil matters which do not 20 involve the State as a part in interest. This fee shall be charged in addition to any court prescribed payment due as 21 compensation or reimbursement for judicial appearances and deposited into a designated revenue account. 22 6DD.17. (GOV: Governor's Office Budget) All other provisions of law notwithstanding, the Office of Executive 23 Policy and Programs section, the Executive Control of State section and Mansion and Grounds section shall be treated 24 as a single budget section for the purpose of transfers and budget reconciliation. 25 6DD.18. (GOV: SLED - RAID Team) Membership of the Retaliation Against Illegal Drugs (RAID) Team and all 26 expenses thereto shall be comprised only of law enforcement agents of the State Law Enforcement Division. 27 6DD.19. (GOV: Victim Advocate Policy Committee) The policy committee appointed pursuant to Section 79.3 of 28 the 1988-89 General Appropriations Act is hereby continued for the purpose of monitoring the implementation of the 29 guidelines developed by it, making such revisions as appear appropriate, assisting and advising the director in 30 development and revision of forms, information and criteria used to evaluate compliance with the guidelines by victim 31 advocate programs in solicitor's offices. 32 The information gathered from these programs shall be aggregated by the director into the annual report of the 33 agency which is submitted to the Governor, Speaker of the House of Representatives and the President of the Senate. 34 6DD.20. (GOV: Victim Assistance Programs) It is the intent of the General Assembly that the amounts appropriated 35 in this section for victim assistance programs in solicitors' offices shall be in addition to any amounts presently being 36 provided by the county for these services and may not be used to supplant funding already allocated for such services. 37 Any reduction by any county in funding for victim assistance programs in solicitors' offices shall result in a 38 corresponding decrease of state funds provided to the solicitors' office in that county for victim assistance services. 39 Each solicitor's office shall submit an annual financial and programmatic report which describes the use of these funds. 40 The report shall be submitted to the Governor, the Attorney General, the Chairman of the House Ways and Means 41 Committee, and the Chairman of the Senate Finance Committee on October 1, for the preceding fiscal year.
D21 - SECTION 6DD - GOVERNOR'S OFFICE PAGE 432 1 6DD.21. (GOV: Establish Victim/Witness Program) The funds appropriated in this section for Victim/Witness 2 Program must be equally divided among the judicial circuits, less any adjustments made for budget reductions. The 3 funds for each circuit must be distributed to the solicitor's office of that circuit and only used by the solicitor for the 4 purpose of establishing a Victim/Witness Program in the circuit which shall provide, but not be limited to, the following 5 services: 6 (1) Make available to victims/witnesses information concerning their cases from filing in general sessions court 7 through disposition. 8 (2) Keep the victim/witness informed of his rights and support his right to protection from intimidation. 9 (3) Inform victims/witnesses of and make appropriate referrals to available services such as medical, social, 10 counseling, and victims' compensation services. 11 (4) Assist in the preparation of victims/witnesses for court. 12 (5) Provide assistance and support to the families or survivors of victims where appropriate. 13 (6) Provide any other necessary support services to victims/witnesses such as contact with employers or creditors. 14 (7) Promote public awareness of the program and services available for crime victims. 15 The funds may not be used for other victim-related services until the above functions are provided in an adequate 16 manner. 17 6DD.22. (GOV: Victim/Witness Program Formula Distribution) If funds in the South Carolina Victims' 18 Compensation Fund exceed the amount required to operate the State Office of Victims Assistance and pay claims of 19 crime victims the first $650,000 of such excess must be used for Victim/Witness Programs by distribution to Judicial 20 Circuits based on a formula and criteria developed by the Policy Committee, and otherwise subject to requirements of 21 Section 6DD.20 and 6DD.22. 22 6DD.23. (GOV: Physical Abuse Examinations) Of the funds appropriated in this section for Victims' Rights, up to 23 $60,000 may be expended for physical abuse examinations. 24 6DD.24. (GOV: SLED-ABC Enforcement-Confiscated Alcoholic Beverage Revenue) The State Law Enforcement 25 Division is directed to maintain adequate records accounting for the receipt of funds from the sale of confiscated 26 alcoholic beverages. Such revenue shall be deposited to the credit of the General Fund of the State after deducting the 27 cost of confiscation and sale. 28 6DD.25. (GOV: Veterans' Affairs-Aid to Counties) In the allocation of the appropriation in this section as adjusted 29 for "Aid to Counties--Operation of County Office," each county shall receive an effective annual amount equal to 100% 30 of the amount allocated to it for the prior fiscal year plus an amount equivalent to base pay increases for state 31 employees, less any adjustments made for budget reductions. 32 6DD.26. (GOV: Continuum of Care - Carry Forward) The Division of Continuum of Care may carry forward funds 33 appropriated herein to continue services. 34 6DD.27. (GOV: Division of Women - Donations & Contributions) The Division of Women is authorized to accept 35 donations and contributions to provide services as authorized by state law. Such funds are to be deposited in a special 36 account with the State Treasurer and shall be carried forward from year to year, and withdrawn from the Treasurer as 37 needed to fulfill the purposes and conditions of the said donations or contributions, if specified, and if not specified, as 38 may be approved by the Division of Women. State appropriations will not supplement those services funded by 39 donations or contributions. 40 6DD.28. (GOV: Division of Women - Revenue Carry Forward) The Division of Women may retain funds received 41 from luncheon fees and souvenir sales for general operating expenses. Any unexpended revenue from these sources 42 may be carried forward into the current fiscal year to be expended for the same purposes.
D21 - SECTION 6DD - GOVERNOR'S OFFICE PAGE 433 1 6DD.29. (GOV: Foster Care - Reduction in Funds Separation) In recognition of the fact that the funds appropriated 2 for the Division of Foster Care contain both funds appropriated for use by the Division Review System and "pass 3 through" funds designated for use by the South Carolina Protection and Advocacy for the Handicapped, any reduction 4 in funds appropriated for either shall be calculated based upon the separate funds for the respective entities rather than 5 based upon the combined budget of the two organizations. 6 6DD.30. (GOV: Foster Care - Private Foster Care Reviews) The Division of Foster Care is authorized to restructure 7 its programs, including but not limited to, suspending reviews of children privately placed in private foster care and/or 8 changing the location of reviews of children in public foster care, to maintain continuous operations within existing 9 resources as dictated by recent budget reductions. These decisions must be based upon the availability of existing 10 funds. This provision supersedes any previous statutory or regulatory mandate. 11 6DD.31. (GOV: Foster Care - Medicaid Eligible Children) It is the intent of the General Assembly to ensure that 12 placements of emotionally disturbed Medicaid eligible individuals under the age of twenty-one in residential therapeutic 13 treatment are appropriate and that the level of care provided each child is offered in the least restrictive environment 14 appropriate to meet the child's treatment needs. The statutory powers and functions of the Division of Foster Care are 15 expanded to develop, implement, and manage a quality assurance review system under contract with the Department of 16 Health and Human Services. This paragraph supersedes any previous statutory or regulatory mandate. 17 6DD.32. (GOV: Div. on Aging - State Match Funding Formula) Of the state funds appropriated under "Distribution 18 to Subdivisions", the first allocation by the Division on Aging shall be for the provision of required State matching 19 funds according to the Division's formula for distributing Older Americans Act funds, based on the official United 20 States census data for 1990. The balance of this item, but not to exceed five hundred thousand dollars ($500,000) shall 21 be distributed equally to the planning and service areas of the State. In the event State appropriations are reduced, 22 reductions to the planning and service areas shall be based on amounts distributed in accordance with the previous 23 requirements. 24 6DD.33. (GOV: Div. on Aging - State Matching Funds Carry Forward) Any unexpended balance on June 30 of the 25 prior fiscal year, of the required State matching funds allocation, of the amount appropriated in this section under 26 Distribution to Subdivisions, shall be carried forward in the current fiscal year to be used as required state matching 27 funds for Federal funds awarded to subdivisions on or before September 30 of the current fiscal year. 28 6DD.34. (GOV: Div. on Aging - Recycle Program) The Division on Aging is hereby authorized to collect, expend, 29 and carry forward not more than $1,000 in revenues from the sale of items to be recycled. 30 6DD.35. (GOV: Div. on Aging - Registration Fees) The Division on Aging is authorized to receive and expend 31 registration fees for educational, training, and certification programs. 32 6DD.36. (GOV: OEPP - Federal, Other Flow Through Funds) In order to complete projects begun in a prior fiscal 33 year, the Governor's Office is authorized to expend Federal and Earmarked Funds in the current fiscal year for expenses 34 incurred in the prior fiscal year. 35 6DD.37. (GOV: Div. on Aging - Alzheimer's Matching Grants) Of the funds appropriated herein for Alzheimers, 36 grants awarded to assist communities and entities in addressing problems relative to Alzheimer's disease and other 37 related disorders must be matched with additional funds or in-kind contributions by the community or other entity equal 38 to the amount of funds awarded in the grant. 39 6DD.38. (GOV: OEPP - Law Enforcement Victim's Advocate-LEVA) DELETED 40 6DD.39. (GOV: OEPP - Governor's School for Arts & Humanities) Of the funds appropriated in this section for the 41 Governor's School for the Arts and Humanities, such funds may be used for personal services, operating expenses, 42 equipment and other expenses as necessary to complete the school.
D21 - SECTION 6DD - GOVERNOR'S OFFICE PAGE 434 1 6DD.40. (GOV: SLED - Concealed Weapon Permit) The State Law Enforcement Division shall collect, retain and 2 carry forward all fees associated with the Concealed Weapon Permit program. 3 4 E08 - SECTION 8 - SECRETARY OF STATE'S OFFICE 5 6 8.1. (SS: Records Fee/Computer & Telephone Equipment) The Secretary of State may establish and collect fees not 7 to exceed the actual cost of searching for or making copies of records. Such records shall be furnished at the lowest 8 possible cost to the person requesting the records. The Agency may retain these funds for the purposes of purchasing 9 and maintaining computer and telephone facsimile equipment. The Agency may charge a reasonable hourly rate for 10 making records available to the public and require a reasonable deposit of such costs prior to searching for or making 11 copies of the records. 12 8.2. (SS: Insufficient Check Recovery Fines/Retention and Carry Forward) The Secretary of State may establish, 13 collect and retain fines to recover the costs associated with the collection of dishonored checks returned to this Agency 14 due to insufficient funds. Such fines shall be retained and expended by this Agency in accordance with this purpose and 15 any unused amount shall carry forward to the following fiscal year. 16 17 E12 - SECTION 9 - COMPTROLLER GENERAL'S OFFICE 18 19 9.1. (CG: Signature Authorization) The Comptroller General is hereby authorized to designate certain employees to 20 sign, in his stead, warrants drawn against the State Treasurer and the State Treasurer is hereby authorized to accept such 21 signatures when notified by the Comptroller General. This provision shall in no way relieve the Comptroller General of 22 responsibility. 23 9.2. (CG: GAAP Implementation & Refinement) It is the intent of the General Assembly to oversee the conversion 24 of the financial statements issued for the State of South Carolina and these financial statements shall be in conformance 25 with Generally Accepted Accounting Principles (GAAP) by the earliest possible date. To this end, the Comptroller 26 General is directed, as the State Accounting Officer, to proceed with the implementation and refinement of the 27 Statewide Accounting and Reporting System (STARS) so as to develop a reporting system that will result in the 28 preparation of the official financial reports for the State of South Carolina by the State Accounting Officer in 29 conformance with Generally Accepted Accounting Principles (GAAP). The Comptroller General, as the State 30 Accounting Officer, is given full power and authority to issue accounting policy directives to State agencies in order to 31 comply with Generally Accepted Accounting Principles. The Comptroller General is also given full authority to 32 conduct surveys, acquire consulting services, and implement new procedures required to fully implement Generally 33 Accepted Accounting Principles under the oversight of the General Assembly. 34 9.3. (CG: Out-of-State Promotional Activities Expenses) The Comptroller General may approve warrants for the 35 payment of expenses for out-of-state promotional activities only when, in his opinion, such expenses are related to 36 economic development in South Carolina. 37 9.4. (CG: Payroll Deduction Processing Fee) There shall be a fee for processing payroll deductions, not to exceed 5 38 cents, for insurance plans, credit unions, deferred compensation plans and professional associations per deduction per 39 pay day. Proceeds shall be remitted to the General Fund of the State. This fee shall not be applied to charitable 40 deductions. 41 9.5. (CG: Lump Sum Agencies GAAP Implementation) The Comptroller General's Office, in conjunction with 42 lump sum agencies, is hereby directed to implement appropriate accounting procedures to consolidate accounts where
D21 - SECTION 6DD - GOVERNOR'S OFFICE PAGE 435 1 necessary for proper accounting and thereby facilitate financial reporting in accordance with Generally Accepted 2 Accounting Principles. 3 9.6. (CG: EDI/EFT Pilot Project) The Comptroller General shall establish and coordinate a pilot project to provide 4 the capability for agencies to process vendor invoices and vendor payments through Electronic Data Interchange (EDI) 5 or Electronic Funds Transfer (EFT). 6 7 E16 - SECTION 10 - STATE TREASURER'S OFFICE 8 9 10.1. (TREAS: Nat'l. Forest Fund - Local Gov't. Compliance) In order to conform to federal requirements local 10 governments receiving distributions of National Forest Fund revenues are required to report annually to the State 11 Treasurer indicating compliance with authorized purposes. 12 10.2. (TREAS: STARS Approval) Decisions relating to the Statewide Accounting and Reporting System 13 (STARS) which involve the State Treasurer's Banking Operations and other functions of the State Treasurer's Office 14 shall require the approval of the State Treasurer. 15 10.3. (TREAS: Investments) The State Treasurer may pool funds from accounts for investment purposes and may 16 invest all monies in the same types of investments as set forth in Sections 11-9-660 and 11-9-661. 17 10.4. (TREAS: General Reserve Fund Transfer) The State Treasurer's Office is authorized to transfer $6,271,409 18 $3,373,537 of General Funds to the General Reserve Fund on July 1, 1996 1997, to comply with Article III, Section 36 19 of the Constitution. This amount of General Funds must be replaced as the first priority of any FY 1995-96 1996-97 20 surplus. 21 10.5. (TREAS: Management and Operating Fees) The State Treasurer is authorized to charge a fee fees for the 22 operating and management costs associated with the Local Government Investment Pool, and the Deferred 23 Compensation Program, South Carolina Retirement Systems Investment Program, and Unclaimed Property Program 24 and is further authorized to retain and expend the fees to provide these services. The fees assessed charged may not 25 exceed the cost of the provision of such services. 26 27 E20 - SECTION 11 - ATTORNEY GENERAL'S OFFICE 28 29 11.1. (AG: Collection of Debts, Claims or Obligations) The Attorney General is hereby authorized to contract for 30 the collection of debts, claims or obligations due to the State, or any of its departments or institutions. 31 11.2. (AG: Hiring of Attorneys) No department or agency of the State Government shall hire any classified or 32 temporary attorney as an employee except upon the written approval of the Attorney General and at a compensation 33 approved by him. All such attorneys shall at all times be under the supervision and control of the Attorney General 34 except as otherwise provided by law unless obtaining prior approval by the Budget and Control Board. 35 11.3. (AG: Engage Attorney on Fee Basis) No department or agency of the State Government shall engage on a 36 fee basis any attorney at law except upon the written approval of the Attorney General and upon such fee as shall be 37 approved by him. This shall not apply to the employment of attorneys in special cases in inferior courts where the fee to 38 be paid does not exceed two hundred fifty ($250.00) dollars or exceptions approved by the Budget and Control Board. 39 11.4. (AG: Printing of Opinions & Index) The Attorney General is authorized to print for public sale, copies of his 40 published opinions and index thereto at such charges as are established by the state printer, in accordance with the cost 41 of the documents plus a twenty-five percent surcharge. All proceeds from the sale of copies of opinions or indices shall 42 be remitted to the general funds of the State and a full accounting kept thereof.
E12 - SECTION 9 - COMPTROLLER GENERAL'S OFFICE PAGE 436 1 11.5. (AG: Asbestos Abatement Litigation) The Attorney General shall report to the Ways and Means and Senate 2 Finance Committees on the status of that office's Asbestos Abatement Litigation. 3 11.6. (AG: State Grand Jurors Subsistence) Jurors of the state grand jury shall receive daily subsistence expense 4 equal to the maximum allowable by regulation of the Internal Revenue Code for the Columbia area when summoned or 5 serving and be paid the same per diem and mileage as are members of state boards, commissions, and committees. 6 11.7. (AG: Medicaid Fraud) The Attorney General shall provide the necessary personnel, in conjunction with the 7 Department of Health & Human Services, to process and/or refer suspected Medicaid fraud cases to appropriate law 8 enforcement officials for investigation and/or legal action, as deemed necessary. 9 11.8. (AG: Litigation Expense) Notwithstanding any other provision of law, the Office of the Attorney General 10 may obtain reimbursement for its costs in representing the State in criminal proceedings and in representing the State 11 and its officers and agencies in civil and administrative proceedings. These costs may include, but are not limited to, 12 travel expenditures, depositions, printing, transcripts, and personnel costs. Reimbursement of these costs may be 13 obtained by the Office of the Attorney General from the budget of an agency or officer that it is representing or from 14 funds generally appropriated for legal expenses with the approval of the Budget and Control Board. 15 11.9. (AG: Youth Mentor Program) The Attorney General's Office shall establish a Youth Mentor Program to 16 serve juvenile offenders in Family Court. The program shall be used as a pre-trial diversion option for solicitors. The 17 Attorney General is authorized to hire a director of the Youth Mentor Program who shall be paid with existing funds 18 from the classified positions line item in the Attorney General's Office budget. The Youth Mentor Program may be 19 administered when a juvenile is charged with a non-violent criminal offense and the solicitor feels that justice would be 20 better served if the juvenile offender completed a church mentor program. Upon completion of the program, the 21 criminal charges shall be dismissed. The Youth Mentor Program is a voluntary program and the juvenile or his parents 22 or guardians have a right to refuse to participate based upon their religious beliefs or for any other reason. The Attorney 23 General's Office shall establish guidelines for this program, the mentors and the churches, mosques, masjids and 24 synagogues that participate in the Youth Mentor Program. The circuit solicitors are authorized to charge juvenile 25 offenders that participate in the Youth Mentor Program a fee to offset the actual cost of administering the program. 26 27 E21 - SECTION 12 - PROSECUTION COORDINATION COMMISSION 28 29 12.1. (PCC: Solicitor Salary) The amount appropriated in this section for salaries of Solicitors shall be paid to 30 each full-time Solicitor. 31 12.2. (PCC: Solicitor Expense Allowance) Each solicitor shall receive two hundred fifty dollars ($250.00) per 32 month as expense allowance. 33 12.3. (PCC: Judicial Circuits State Support) The amount appropriated and authorized in this section for Judicial 34 Circuits (16) State Support shall be apportioned among the circuits on a per capita basis and based upon the official 35 census of 1990. Payment shall be made as soon after the beginning of the first and third quarter as practical. 36 12.4. (PCC: Solicitor Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, may be carried 37 forward into the current fiscal year and expended for the operation of the Solicitor's office relating to operational 38 expenses. 39 12.5. (PCC: Solicitor's Office - County Funding Level) It is the intent of the General Assembly that the amounts 40 appropriated for solicitors' offices shall be in addition to any amounts presently being provided by the county for these 41 services and may not be used to supplant funding already allocated for such services without any additional charges.
E20 - SECTION 11 - ATTORNEY GENERAL'S OFFICE PAGE 437 1 12.6. (PCC: Serious Offenses Funding) It is the intent of the General Assembly that more than 50% of the funds 2 for Judicial Circuits-State Support which exceeds the amount appropriated by the General Assembly in FY 1995-96, 3 must be utilized for the expeditious disposition of "most serious offenses" and "serious offenses" as defined by S.C. 4 Code Section 17-25-45. 5 6 E23 - SECTION 14 - COMMISSION ON INDIGENT DEFENSE 7 8 14.1. (INDEF: Defense of Indigents Formula) The amount appropriated in this section for "Defense of Indigents" 9 shall be apportioned among counties in accord with Section 17-3-70, 1976 Code, but on a per capita basis and based 10 upon the official United States Census for 1990. The level of contribution of each county as of July 1, 1992, must be 11 maintained. No county shall be permitted to contribute less money than the amount the county contributed as of July 1, 12 1992. Within the amount of money established for indigent defense services, the State shall set aside $2,750,000 (Death 13 Penalty Trial Fund) annually exclusively for use of the defense in capital cases pursuant to Section 16-3-26 of the 1976 14 Code, and for the expenses of the operation of the Commission on Indigent Defense. The State also shall set aside 15 $1,000,000 annually to pay fees and expenses of private counsel appointed in non-capital cases pursuant to Section 17- 16 3-50 (Conflict Fund). Of the funds generated from the surcharge imposed pursuant to Section 14-1-213 of the 1976 17 Code, and from the fees imposed under Sections 14-1-206(C)(4), 14-1-207(C)(6) and 14-1-208(C)(6) and the 18 application fee provided in Section 17-3-30(B), on a monthly basis, 50% must be deposited into the Death Penalty Trial 19 Fund, 15% must be deposited into the Conflict Fund until each of these funds has received the required level of deposit, 20 and the remaining funds each month must be apportioned among the counties' public defender offices pursuant to 21 Section 17-3-70. When either the Death Penalty Trial Fund or the Conflict Fund has been fully funded, the monthly 22 revenue being set aside for that fund will be directed to the other fund until it is completely funded. Upon complete 23 funding of both the Death Penalty Trial Fund and the Conflict Fund, all revenue collected pursuant to Section 14-1-213 24 and Sections 14-1-206(C)(4), 14-1-207(C)(6), 14-1-208(C)(6), and 17-3-30(B) must be apportioned among the counties' 25 public defender offices pursuant to Section 17-3-70. At the end of each fiscal year, any funds remaining in the Conflict 26 Fund shall be treated as provided in Section 17-3-330(B). At the end of each fiscal year any leftover funds shall 27 carryover to the next fiscal year. All applications for the payment of fees and expenses in capital cases shall be applied 28 for from the Death Penalty Trial Fund which shall be administered by the Commission on Indigent Defense. All 29 applications for the payment of fees and expenses of private counsel or expenses of public defenders pursuant to Section 30 17-3-50 shall be applied for from the Conflict Fund administered by the Office of Indigent Defense. 31 14.2. (INDEF: State Employee Compensation Prohibited) Except as otherwise provided in Section 72.1., no 32 money appropriated pursuant to Defense of Indigents shall be used to compensate any state employees appointed by the 33 court as examiners, guardians ad litem or attorneys nor shall such funds be used in payment to any State agency for 34 providing such services by their employees. 35 36 E24 - SECTION 15 - ADJUTANT GENERAL'S OFFICE 37 38 15.1. (ADJ: Tuition Assistance Program) Funds received from students who failed to enroll or withdraw from 39 programs under the Tuition Assistance Program may be deposited in the Tuition Assistance Program Appropriation 40 Account and expended for the same purpose as the original appropriation. 41 15.2. (ADJ: Unit Maintenance Funds) Notwithstanding any other provision of law, the funds appropriated as unit 42 maintenance funds shall be distributed to the various National Guard units at the direction of the Adjutant General.
E21 - SECTION 12 - PROSECUTION COORDINATION COMMISSION PAGE 438 1 15.3. (ADJ: Revenue Collections) All revenues collected by National Guard units from county and city 2 appropriations, vending machines, rental of armories, court martial fines, federal reimbursements to armories for 3 telephone expenses, and other collections be retained and expended in its budgeted operations. 4 15.4. (ADJ: Rental Fee for Election Purposes) The maximum fee that an armory may charge for the use of its 5 premises for election purposes shall be the cost of providing custodial services, utilities and maintenance. 6 15.5. (ADJ: Parking Lot Revenues) Notwithstanding other provisions of this Act, as a security measure for the 7 State Military Department's headquarters building and grounds, the Adjutant General may control and contractually 8 lease the headquarter's building parking facilities, during events at the University of South Carolina's Williams-Brice 9 Stadium, to a state chartered and federally recognized 501(c)(4) tax exempt agency employees' association who may 10 then sub-lease individual parking spaces. Such a contract must require the employees association to obtain liability 11 insurance against wrongful death or injury. The contract must clearly hold the Adjutant General's Office, its officers, 12 and the State of South Carolina harmless from any liability resulting from the use of the parking lot when rented by the 13 employees association. In addition, the contract must specify that the State of South Carolina's Military Department 14 shall receive no less than thirty-three percent of the gross profits from the sub-leasing of the parking spaces. The 15 contract must allow the State to audit the employees association's funds. Funds at the Adjutant General's Office derived 16 wholly from the rental of Adjutant General's headquarters' parking lot may be retained at the Adjutant General's Office, 17 but may not be used for employee prerequisites. 18 15.6. (ADJ: State Guard Uniforms) Any element of the Militia of this State may be uniformed in such surplus 19 uniforms as may be made available to this State, except that the insignia of the United States shall be removed and for it 20 shall be substituted distinctive insignia of the State of South Carolina. 21 15.7. (ADJ: Armory Rental Program) The Adjutant General is authorized to develop and implement an armory 22 rental program to recoup costs associated with the use of armories by state agencies or other non-Guard organizations. 23 The rental program must be uniform in its application to the maximum extent possible. Funds generated by this 24 program may be retained and expended for armory maintenance and operations. 25 15.8. (ADJ: Emergency Preparedness) Of the funds appropriated in the amount of $473,500 to the Adjutant 26 General for Emergency Preparedness due to the potential loss of Federal Funds, $267,316 shall be designated for 27 armory repairs and maintenance and $125,494 for Operations at McEntire Air Base in the event that the Federal Funds 28 are received. The remaining appropriated funds shall lapse to the General Fund. 29 30 E28 - SECTION 16 - ELECTION COMMISSION 31 32 16.1. (ELECT: County Registration Board and County Election Commission Compensation) The amounts 33 appropriated in this section for "County Registration Board Members and County Election Commissioners," shall be 34 disbursed annually to the County Treasurer at the rate of $1,000 for each member, not to exceed $10,000 per county. 35 The County Treasurer shall use these funds only for the compensation of County Registration Board Members and 36 County Election Commissioners. Any funds not used for this purpose shall be returned to the State Treasurer. These 37 funds are exempted from mandated budget reductions. In addition, in the calculation of any across the board agency 38 base reductions mandated by the Budget and Control Board or the General Assembly, the amount of funds appropriated 39 for compensation of County Registration Board Members and County Election Commissioners shall be excluded from 40 the agency's base budget. 41 16.2. (ELECT: Elections Managers & Clerks Per Diem) Managers and clerks of state and county elections shall 42 receive a per diem of $35.00; but managers shall not be paid for more than two days for any election and clerks for not
E24 - SECTION 15 - ADJUTANT GENERAL'S OFFICE PAGE 439 1 more than three days for any election. The Commission may adjust the per diem of $35.00 for the managers and clerks 2 of the statewide election to a higher level only to the extent that the appropriation for the statewide election is sufficient 3 to bear the added cost of increasing the per diem and the cost of the statewide election. 4 16.3. (ELECT: Board of State Canvassers Compensation) $100.00 additional compensation per day may be paid 5 to each member of the Board of State Canvassers up to a total of 15 days that may be required for hearings held by the 6 members of the Board of State Canvassers. 7 16.4. (ELECT: Sale of Lists Revenue Carry Forward) Any revenue generated from the sale of election lists may 8 be retained and expended by the South Carolina Election Commission to reimburse the State Budget and Control Board, 9 Division of Operations, for the printing of such lists and to pay expenses of postage and shipment of these lists to 10 electors who purchase them. After such reimbursement has been made an amount, not to exceed $220,000, shall be 11 used for non-recurring expenses in conjunction with Act 248 of 1991, the Ethics, Government Accountability, and 12 Campaign Reform Act and in conjunction with extraordinary special election and legal costs. Any balance in the Sale 13 of Lists Account on June 30, of the prior fiscal year may be carried forward and expended for the same purposes during 14 the current fiscal year. 15 16.5. (ELECT: Budget Reduction Exemption) Funds appropriated for non-recurring general and primary election 16 expenses are exempted from mandated across the board reductions. In addition, in the calculation of any across the 17 board agency base reductions mandated by the Budget and Control Board or the General Assembly, the amount of funds 18 appropriated for non-recurring primary and general election expenses shall be excluded from the agency's base budget. 19 16.6. (ELECT: Primary Election Carry Forward) Filing Fees received from candidates filing to run in statewide or 20 special primary elections may be retained and expended by the State Election Commission to pay for the conduct of 21 primary elections. Any balance in the filing fee accounts on June 30, of the prior fiscal year may be carried forward and 22 expended for the same purposes during the current fiscal year. In addition, any balance in the Primary Election 23 Accounts on June 30, of the prior fiscal year may be carried forward and expended for the same purposes during the 24 current fiscal year. 25 16.7. (ELECT: Automated Voting Systems Carry Forward) Funds provided to the agency as state match for 26 purchasing automated voting systems shall be carried forward to be expended for the same purposes in the current fiscal 27 year. 28 16.8. (ELECT: Training & Certification Program) All members and staff of County Boards of Voter Registration 29 and County Election Commissions will receive a common curriculum to include core courses on the duties and 30 responsibilities of county registration boards and county election commissions and electives to promote quality service 31 and professional development. Up to $35,000 of revenue generated by charging a fee to attend these courses may be 32 retained and expended by the South Carolina Election Commission to help cover the cost of providing the training. Any 33 balance in the training and certification account on June 30, of the prior fiscal year may be carried forward and 34 expended for the same purpose during the current fiscal year. 35 16.9. (ELECT: General Election Carry Forward) Up to $200,000 in funds appropriated for the 1996 General 36 Election may be carried forward and used to help defray the costs of conducting the November 1997 Special Elections 37 for the State House of Representatives and the State Senate. 38 39 F05 - SECTION 17A - B&C BOARD, DIVISION OF EXECUTIVE DIRECTOR 40 41 17A.1. (BCB/DED: BA - Civil Contingent Fund - Disbursements) Warrant requisitions for the disbursement of 42 funds appropriated in this Section shall be approved by the respective division heads. The Civil Contingent Fund,
E28 - SECTION 16 - ELECTION COMMISSION PAGE 440 1 appropriated in Subsection 17A of this Section shall be expended only upon unanimous approval of the State Budget 2 and Control Board, and upon warrant requisitions signed as directed by the State Budget and Control Board, to meet 3 emergency and contingent expense of the State Government. None of the Civil Contingent Fund shall be used to 4 increase the salary of any State employee. 5 17A.2. (BCB/DED: BA - Total Quality Management) It is the intent of the General Assembly to adequately train 6 the State's work force to enable agencies to achieve their missions and to serve their customers. The Executive Director 7 of the Budget and Control Board will be responsible for coordinating the quality training effort for state government 8 agency heads, managers, and employees for the purpose of strategic planning, leadership skills, team facilitator, 9 supervision and customer service training. All employees initially undergoing Total Quality Management training will 10 receive a common curriculum, to include the philosophy, teamwork training and problem solving techniques of Total 11 Quality Management. As the training functions progress, organizational plans for using the Total Quality Management 12 process will be drawn up and reviewed with agency heads, with action teams subsequently being formed for 13 improvements. Recognition of all progress made will be consistently given. Funds shall be used to identify state 14 agencies that are in direct contact with the public and provide training that will ensure employees courteously and 15 effectively meet taxpayers' needs. The funds provided for quality training shall not be transferred to any other program 16 or used for any other purpose. Funds allocated for this purpose not expended in the prior fiscal year may be carried 17 forward to be expended in the current fiscal year. The State Director of Total Quality Management is responsible for 18 the development of a Quality Program based on criteria used for the Malcolm Baldridge National Quality Award. State 19 agency heads should ensure that groups formed to develop solutions to administrative and managerial problems will be 20 selected to secure appropriate employee involvement and trained fully in quality improvement tools and techniques. 21 17A.3. (BCB/DED: BA - Brandenburg Coordination Committee) Of the $50,000 appropriated in this section for 22 the Brandenburg Coordination Committee, funds are to be spent in support of cultural, educational, agricultural, 23 scientific, governmental or business exchanges and agreements between South Carolina and the sister state of 24 Brandenburg, Germany and related German interests. The Executive Director of the Budget and Control Board will 25 submit an annual report to the Governor, the Chairmen of the Senate Finance Committee and the House Ways & Means 26 Committee detailing such activities. 27 17A.4. (BCB/DED: BA - Accounting System Analysis - Interagency Study Committee) In consultation with the 28 Governor, the Chairman of the Senate Finance Committee and the Chairman of the Ways and Means Committee, the 29 Executive Director of the Budget and Control Board is authorized to appoint interagency study committees to explore 30 innovative solutions to administrative or managerial problems which are deemed to be system-wide in their impact. The 31 committees will be fully trained in quality management problem-solving techniques and strategies. Funds appropriated 32 for purposes of fostering innovation in the Fiscal Year 1993-94 Supplemental Appropriation for the Office of Executive 33 Director, Budget and Control Board, Accounting System Analysis which are unexpended in the preceding fiscal year 34 may be carried forward to be used in the current fiscal year for the same purpose. 35 17A.5. (BCB/DED: BA - Computer Services Consolidation) It is the intent of the General Assembly to 36 consolidate management of computing services and computer support services under the Budget and Control Board. 37 The Executive Director of the Budget and Control Board shall develop a long-term strategic plan to accomplish this 38 consolidation and to centralize all State Data Centers, and shall present a progress report to the Governor, the Chairman 39 of the Senate Finance Committee and the Chairman of the Ways and Means Committee by January 15, 1997, and 40 completed recommendations within one year. The Executive Director of the Budget and Control Board is authorized to 41 implement the Data Center Consolidation Plan as presented to and approved by the Chairman of the House Ways and 42 Means Committee and the Chairman of the Senate Finance Committee on January 15, 1997. The plan must be is
F05 - SECTION 17A - B&C BOARD, DIVISION OF EXECUTIVE DIRECTOR PAGE 441 1 structured in phases with a final implementation date no later than July, 2001. All agencies affected by this plan are 2 required to comply with the directives and mandates inherent in this planning document. The Legislature, Judiciary, 3 higher education institutions and technical education institutions are exempt from this proviso. 4 17A.6. (BCB/DED: BA - EFA Litigation Carry Forward) In addition to the funds appropriated for the EFA 5 litigation for FY 1996-97, any Any unexpended balance from the funds authorized and/or appropriated for the EFA 6 litigation in previous fiscal years shall be carried forward to be expended in the same manner and for the same purposes 7 in 1996-97 the current fiscal year. 8 17A.7. (BCB/DED: BA - Year 2000 Date Change) It is the intent of the General Assembly to address the issue of 9 century date compliance on a statewide basis to ensure the integrity of the state's data operations into the year 2000. 10 The Executive Director of the Budget and Control Board is directed to coordinate the assessment of century date 11 compliance across state agencies, and, where practical, local governments and to develop a plan of action to address 12 areas of noncompliance. As part of the study, the Board may enter into any necessary contractual arrangements for 13 consulting services for the purposes of determining the scope of the "Year 2000 Date Change" problem at the state and 14 local level, identifying existing mainframe and software code problems, and developing an implementation plan and 15 strategy for correcting the problem. The Board shall provide an initial report of its findings to the Ways and Means 16 and Senate Finance Committees no later than June 30, 1998. 17 18 F07 - SECTION 17B - B&C BOARD, DIVISION OF OPERATIONS 19 20 17B.1. (BCB/DO: OGS - Procurement of Art Objects) Before any governmental body, with the exception of the 21 South Carolina Museum Commission, as defined under the South Carolina Consolidated Procurement Code procures 22 any art objects such as paintings, antiques, sculptures, or similar objects above $1,000, the head of the Purchasing 23 Agency shall prepare a written determination specifying the need for such objects and benefits to the State. The South 24 Carolina Arts Commission shall review such determination for approval prior to any acquisition. 25 17B.2. (BCB/DO: OGS - Real Property - Sale/Leaseback/ Repurchase Revenue Account) In order to ensure the 26 stability of any sale/leaseback and repurchase option agreement entered into by the State for any piece of real property, 27 the Budget and Control Board is directed to establish a separate and distinct account for the deposit of the net proceeds 28 of the sale or net annual charges derived from any such property. Any funds held in such separate and distinct accounts 29 shall only be used for the purpose of repurchasing the property and/or the establishment of a reserve fund as outlined in 30 the contract documents for the property, until such time as the Agreements on the property are fulfilled. It is the 31 intention of the General Assembly to appropriate sufficient funds on an annual basis to enable the Budget and Control 32 Board to meet the required lease payments and other necessary expenditures associated with any sale/leaseback 33 agreement involving real property. 34 17B.3. (BCB/DO: OGS - Fleet Management Program) It is the intent of the General Assembly that the Division of 35 Operations establish a cost allocation plan to recover the cost of operating the comprehensive statewide Fleet 36 Management Program. The Division shall collect, retain and carry forward funds to ensure continuous administration of 37 the program. 38 17B.4. (BCB/DO: OGS - Surplus Property Exemption) The Division of Operations and law enforcement agencies 39 may retain the proceeds from the sale of surplus property for fleet replacement less the cost of disposition incurred by 40 the Division of Operations. 41 17B.5. (BCB/DO: OIS - IRF Forestry Commission Loan) The Insurance Reserve Fund is authorized to loan the 42 Forestry Commission the amount needed to satisfy the settlement of the overtime compensation claim currently
F05 - SECTION 17A - B&C BOARD, DIVISION OF EXECUTIVE DIRECTOR PAGE 442 1 pending, including the related Employer Contribution costs; provided the agency first dedicates all its available financial 2 resources (at the time of settlement) to payment of the settlement. 3 The loan repayment schedule is to be negotiated between the Forestry Commission and the State Budget and Control 4 Board, and the interest rate must be the same rate established by the State Treasurer. The funds for repayment are 5 authorized to come from any existing agency resources, and must not require any additional State appropriation. 6 17B.6. (BCB/DO: OLG - Carry Forward - BCB Grant Program, Special Projects & EPA Grant Match Funds) 7 Funds appropriated under Section 17B, Division of Operations, "Aid to Entities": Budget and Control Board Grant 8 Program Funds, Special Projects and EPA Grant Match Funds which are not expended in the prior fiscal year may be 9 carried forward to be expended in the current fiscal year. Of the Grant Funds appropriated under the Division of 10 Operations, $400,000 may be used for operating costs of the Division in order to enhance the technical assistance 11 capabilities of the Office of Local Government. 12 17B.7. (BCB/DO: OLG - Carry Forward - State Water Pollution Control Revolving Fund) If any funds 13 accumulated by the Budget and Control Board, Division of Operations from loan fees are not expended during the 14 preceding fiscal years, such funds may be carried forward and expended for the costs associated with conducting the 15 State Revolving Fund programs for wastewater or drinking water. 16 17B.8. (BCB/DO: OLG - State Water Pollution Control Revolving Fund) In the event that any state funds remain 17 after fully matching federal grants for the State Revolving Funds under the Clean Water Act or Safe Drinking Water 18 Act, such funds may be deposited into the South Carolina Infrastructure Revolving Loan Fund established pursuant to 19 Section 11-40-50. 20 17B.9. (BCB/DO: OLG - Community Development Block Grant) The funds appropriated on special line item 21 "CDBG" are to provide funds for meeting federal matching requirements for administrative costs incurred by the State 22 in administering program income funds received from federally funded economic development grants. 23 17B.10. (BCB/DO: OLG - Carry Forward - BCB Infrastructure Grant Fund) Funds appropriated in the Fiscal Year 24 1993-94 Supplemental Appropriation for the Office of Local Government, Division of Operations, Infrastructure Grant 25 Revolving Fund which are unexpended in the preceding fiscal year may be carried forward to be used in the current 26 fiscal year for the same purpose of funding infrastructure projects in economically distressed areas as provided for in 27 Section 41-43-180 of the 1976 Code. 28 17B.11. (BCB/DO: OLG - Debt Service) Of the Grant Funds appropriated under the Division of Operations, up to 29 $420,000 may be expended for debt service if funds are not made available for such purpose in this act or any act 30 supplemental thereto. 31 17B.12. (BCB/DO: $100,000 Judicial Dept. Transfer to DDSN) The Budget and Control Board - Division of 32 Operations is directed to implement and coordinate a transfer of $100,000 in funds from the Judicial Department to the 33 Department of Disabilities and Special Needs for the Emerald Center for Disabilities and Special Needs. 34 35 F09 - SECTION 17C - B&C BOARD, DIVISION OF BUDGET & ANALYSES 36 37 17C.1. (BCB/DBA: OSB - Agencies Affected by Restructuring) The Budget and Control Board is directed to 38 work with affected State agencies in order to phase-in operations of restructured organizations during Fiscal Year 1996- 39 97 1997-98. Restructured organizations should be operating entirely under the revised structure not later than June 30, 40 1997 1998. The Board is further directed to work with the affected agencies in order to identify and facilitate the 41 transfer of any portion of their operations, including transfer of funds, during Fiscal Year 1996-97 1997-98, which is 42 affected by the restructured organization adopted by the General Assembly, but which has not already been
F07 - SECTION 17B - B&C BOARD, DIVISION OF OPERATIONS PAGE 443 1 accomplished herein. Until sufficient changes can be made to the State's accounting system and the appointment of 2 appropriate agency heads, the Comptroller General and the State Treasurer shall allow those agencies affected by 3 restructuring to continue processing documents within the account structure existing on June 30, 1996 1997. 4 Restructured agencies shall make all the necessary accounting adjustments to complete the transition to the new account 5 structure as soon as possible, but no later than June 30, 1997 1998. 6 17C.2. (BCB/DBA: OHR - Compensation - Agency Head Salary) Notwithstanding any other provision of law in 7 the event of an agency head vacancy, the governing board of the agency or the Governor, must have the prior favorable 8 recommendation of the Agency Head Salary Commission to set, discuss or offer a salary for the agency head at a rate 9 that exceeds the minimum of the range established by the Agency Head Salary Commission. The Budget and Control 10 Board shall have final approval authority for agency head salaries. Boards and Commissions of newly created agencies 11 shall not offer a salary to a prospective agency head until a salary range has been established and the salary approved by 12 the Agency Head Salary Commission. The funding for such purpose should come from resources within the agency. 13 The Agency Head Salary Commission shall recommend to the Budget & Control Board salary increases for agency 14 heads. No agency head shall be paid less than the minimum of the pay range nor receive an increase that would have 15 the effect of raising the salary above the maximum of the pay range. Funding shall be provided for an amount 16 equivalent to the pay increase for all classified employees. Any remaining increases recommended by the Agency Head 17 Salary Commission shall be funded from the individual agency budget. All increases shall be effective on or after 18 October 1, of the current fiscal year. 19 In the event of a Technical College President vacancy, the appointing authority must have prior favorable 20 recommendation of the Agency Head Salary Commission to set, discuss or offer a salary for Technical College 21 Presidents at a rate that exceeds the midpoint of the salary range. The Budget and Control Board shall have final 22 approval authority for these salaries. 23 17C.3. (BCB/DBA: OHR - Compensation - Reporting of Supplemental Salaries) Any compensation, excluding 24 travel reimbursement, from an affiliated public charity, foundation, clinical faculty practice plan, or other public source 25 or any supplement from a private source to the salary appropriated for a state employee and fixed by the State must be 26 reported by the employee to the Division of Budget and Analyses of the Budget and Control Board. The report must 27 include the amount, source, and any condition of the supplement. Any change in the amount, source, or condition must 28 be reported to the division by the employee. 29 17C.4. (BCB/DBA: OHR - Vacancy Report/Appropriations for Compensation/Quarterly Allocations) In 30 providing in this Act for compensation of state employees, the General Assembly recognizes that a continuing minimum 31 number of position vacancies among state agencies is inevitable and that the full amount appropriated for employee 32 compensation will not likely be required. In order to provide for efficient administration and use of such appropriations, 33 the Budget and Control Board is authorized to require such periodic reports from agencies as will reflect actual 34 compensation requirements during the course of the year and to allot to agencies on a quarterly basis such amounts of 35 appropriations for compensation as may be necessary to meet actual requirements only. 36 17C.5. (BCB/DBA: OHR - Employment Rights Affected by Restructuring) Provided, that all State employees 37 affected by the restructuring of State agencies shall retain all present employment rights. Employees who are 38 transferred or reassigned as a result of restructuring who had attained permanent status as provided in the State 39 Employee Grievance Procedure Act of 1982, as amended, shall retain such rights. Employees in positions not covered 40 by the State Employee Grievance Procedure Act of 1982, as amended, who would occupy positions subject to the Act 41 after restructuring and who have more than six months service as a State employee shall have grievance rights under the 42 Act.
F09 - SECTION 17C - B&C BOARD, DIVISION OF BUDGET & ANALYSES PAGE 444 1 17C.6. (BCB/DBA: OHR - Agency Head Salaries Affected by Restructuring) The salaries of Agency Directors 2 affected by restructuring will be reviewed by the Division of Budget and Analyses of the Budget and Control Board. 3 The review by the Division of Budget and Analyses will be submitted to the Agency Head Salary Commission and the 4 Budget and Control Board. The Agency Head Salary Commission shall recommend to the Budget and Control Board 5 any salary adjustments deemed appropriate for approval. 6 17C.7. (BCB/DBA: OHR - Compensation - Increase Eligibility) Statewide elected officials, constitutional 7 officers, temporary positions, whether full or part-time, and agency heads, shall not be eligible for any compensation 8 increases as provided in this Act unless otherwise specified in this Act. 9 17C.8. (BCB/DBA: BEA - Membership, Compensation, Duties) Notwithstanding the provisions of 11-9-820 of 10 the 1976 Code, the Board of Economic Advisors shall consist of the following members: 11 (1) one member, appointed by the Governor, who shall serve as chairman and shall receive the sum of $10,000 12 annually; 13 (2) one member appointed by the Chairman of the Senate Finance Committee who shall receive the sum of $8,000 14 annually; 15 (3) One member appointed by the Chairman of the Ways and Means Committee of the House of Representatives 16 who shall receive the sum of $8,000 annually; 17 (4) Chairman Director of the Department of Revenue and Taxation, ex officio with no voting rights. 18 The appointed members shall serve at the pleasure of their appointors. The Chairman of the Board of Economic 19 Advisors shall report directly to the Budget and Control Board to establish policy governing economic trend analysis. 20 The Board of Economic Advisors shall provide for its staffing and administrative support from funds appropriated by 21 the General Assembly. 22 The Executive Director of the Budget and Control Board shall assist the Governor, Chairman of the Board of 23 Economic Advisors, Chairman of the Senate Finance Committee, and Chairman of the Ways and Means Committee of 24 the House of Representatives in providing an effective system for compiling and maintaining current and reliable 25 economic data. The Board of Economic Advisors is considered a public body under the provisions of Section 30-4- 26 20(a) of the 1976 Code. The Board of Economic Advisors may establish an advisory board to assist in carrying out its 27 duties and responsibilities. All state agencies, departments, institutions and divisions shall provide such information and 28 data as the board may require. 29 17C.9. (BCB/DBA: BEA - Mid-Year Budget Reductions & Restricting the Rate of Expenditures) Any 30 appropriations made herein or by special act now or hereafter, are hereby declared to be maximum, conditional and 31 proportionate, the purpose being to authorize expenditures not to exceed the amounts named herein, if necessary, but 32 only in the event the aggregate revenues available during the period for which the appropriations are made are sufficient 33 to pay them in full. The State Budget and Control Board is directed to survey the progress of the collection of revenue 34 and the expenditure of funds by all agencies, departments and institutions. If the Budget and Control Board determines 35 that a year-end aggregate deficit may occur by virtue of a projected shortfall fall in anticipated revenues, it shall utilize 36 such funds as may be available and required to be used to avoid a year end deficit and thereafter take such action as 37 necessary to restrict the rate of expenditure of all agencies consistent with the provisions of this section. No institution, 38 activity, program, item, special appropriation, or allocation for which the General Assembly has provided funding in 39 any part of this Act shall be discontinued, deleted, or deferred by the Budget and Control Board. Any reduction of rate 40 of expenditure by the Board, under authority of this Act, shall be applied as uniformly as may be practicable except that 41 no reduction shall be applied to funds encumbered by a written contract with an agency not connected with the State 42 Government. No such reduction shall be ordered by the State Budget and Control Board while the General Assembly is
F09 - SECTION 17C - B&C BOARD, DIVISION OF BUDGET & ANALYSES PAGE 445 1 in session without first reporting such necessity to the General Assembly and the General Assembly has taken no action 2 to prevent the reduction within five statewide session days of formal written notification. 3 As far as practicable all departments, institutions, and agencies of the State are hereby directed to budget and allocate 4 appropriations as quarterly allocation so as to provide for operation on uniform standards throughout the fiscal year and 5 in order to avoid an operating deficit for the fiscal year. It should be recognized that academic year calendars of state 6 institutions will affect the uniformity of the receipt and distribution of funds during the years. The Comptroller General 7 or the Office of State Budget shall make such reports to the Budget and Control Board as they deem advisable on any 8 agency which is expending authorized appropriations at a rate which predicts or projects a general fund deficit for the 9 agency. The Budget and Control Board is authorized and directed to require any such agency, institutions or department 10 to file a quarterly allocations plan and is further authorized to restrict the rate of expenditures of the agency, institution 11 or department if the Board determines that a deficit may occur. It is the responsibility of any such agency to develop a 12 plan, in consultation with the Budget and Control Board, that eliminates or reduces a deficit. Should the Budget and 13 Control Board make a finding that the cause of and likelihood of a deficit is unavoidable due to factors which are 14 wholly outside of an agency's control, then the Board may determine that the recognition of an agency deficit is 15 appropriate and shall notify the General Assembly of such action or the presiding officer of the House and Senate if the 16 General Assembly is not in session. Upon receipt of such notification from the Budget and Control Board, the General 17 Assembly may authorize supplemental appropriations from any surplus revenues which existed at the close of the 18 previous fiscal year. If the General Assembly fails to take action, then the finding of the Budget and Control Board 19 shall stand, and the actual deficit at close of the fiscal year shall be reduced as necessary from surplus revenues or 20 surplus funds available at the close of the fiscal year in which the deficit occurs and from funds available in the Capital 21 Reserve Fund and General Reserve Fund, as required by the Constitution. If the Budget and Control Board finds that 22 the likelihood and cause of a deficit is the result of agency management, then the bond of State officials responsible for 23 management of the agency involved shall be held liable therefor and the Board shall notify the Agency Head Salary 24 Commission of such finding. In the case of a finding that a projected deficit is the result of the management of the 25 agency, the Budget and Control Board shall take immediate steps to curtail agency expenditures in such a manner so as 26 to bring expenditures in line with authorized appropriations and avoid a year end operating deficit. 27 17C.10. (BCB/DBA: OHR - Compensation Increase - Appropriated Funds Ratio) Appropriated funds may be used 28 for compensation increases for classified and unclassified employees and agency heads only in the same ratio that the 29 employee's base salary is paid from appropriated sources. 30 17C.11. (BCB/DBA: OHR - Vacant Positions) In the event that any permanent position in an agency remains 31 vacant for more than one year the position may be deleted by the Budget and Control Board. 32 17C.12. (BCB/DBA: OSB - DMV Restructuring) The Budget and Control Board, in conjunction with the 33 Department of Revenue and the Department of Public Safety, shall transfer all funds and positions associated with the 34 Division of Motor Vehicles located at the Department of Revenue to the Department of Public Safety. The Department 35 of Revenue shall transfer only those funds and positions appropriated to the Department for the Motor Vehicles 36 function. 37 17C.13. (BCB/DBA: OHR - Employee Pay) The amounts appropriated to the Budget and Control Board for 38 Employee Pay Increase must be allocated by the Board to the various state agencies to provide for employees pay 39 increases in accordance with the following plan: 40 1. With respect to classified employees, effective on the first pay date that occurs on or after October 1 July 16 of 41 the current fiscal year, the compensation of all classified employees shall be increased by 3.4% 2.0%. 42 2. With respect to unclassified employees or unclassified executive compensation system employees not elsewhere
F09 - SECTION 17C - B&C BOARD, DIVISION OF BUDGET & ANALYSES PAGE 446 1 covered in this Act, effective on the first pay date which occurs on or after October 1 July 16 of the current fiscal year, 2 each agency is authorized to allot the total funds for compensation increases among individual employees without 3 uniformity. The funds provided for compensation increases for any employees subject to the provisions of this 4 paragraph are based on an annual average 3.4% 2.0% increase. All of the salaries are subject to the provisions of 5 Section 72.24 of Part IB of this Act and Office of Human Resources' approval must be obtained before any employees 6 subject to the provisions of this paragraph may be granted an annual pay increase in excess of the guidelines established 7 by the Budget & Control Board. Any employee subject to the provisions of this paragraph shall not be eligible for 8 compensation increases provided in paragraphs 1, 3, 4, 5, 6 or 7. 9 3. With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary 10 Commission shall recommend to the Budget and Control Board salary increases for agency heads. Agency head 11 increases shall be effective on the first pay date that occurs on or after October 1 July 16 of the current fiscal year. No 12 agency head shall be paid less than the minimum of the pay increase range nor receive a salary increase that would have 13 the effect of raising the salary above the maximum of the pay range. 14 4. Effective on the first pay date that occurs on or after October 1 July 16 of the current fiscal year, agency heads 15 not covered by the Agency Head Salary Commission, shall receive an annualized base pay increase of 3.4% 2.0%. 16 5. With respect to local health care providers, the funds provided for compensation increases shall be based on an 17 annual average 3.4% 2.0% increase, effective on the first pay period date on or after October 1 July 16 of the current 18 fiscal year. 19 6. Effective on the first pay date that occurs on or after October 1 of the current fiscal year, the Chief Justice and 20 other judicial officers shall receive a base pay increase of 3.4%. The Chief Justice, Associate Justices, Court of Appeals 21 Judges, Circuit Court Judges and Family Court Judges shall not be eligible to receive this base pay increase. 22 7. Effective on the first pay date that occurs on or after October 1 July 16 of the current fiscal year, the 23 compensation of judicial employees not elsewhere covered in this act shall be increased by 3.4% 2.0%. 24 8. Notwithstanding items 1-7 above, compensation increases shall not exceed $1,000 per individual. 25 17C.14. (BCB/DBA: OSB - Prior Year Shown in Appropriation Bill) Effective on July 1 of the current fiscal year, 26 the Appropriation Bill must show the prior year's base budget in the appropriation budget format. 27 17C.15. (BCB/DBA: OHR - Pre-Approved Pay Plan) Whenever funds are appropriated for the specific purpose of 28 providing salary increases to state employees, such funds may only be awarded to employees in the manner prescribed 29 within the applicable Appropriation Act or, if no plan for awarding the increases is specified, in accordance with a plan 30 pre-approved by the Division of Budget and Analyses of the Budget and Control Board. The approved pay plan shall be 31 reported to the Ways and Means and Senate Finance Committees. 32 33 F27 - SECTION 17D - B&C BOARD, STATE AUDITOR'S OFFICE 34 35 17D.1. (BCB/AUD: Access of Records) Notwithstanding any other provision of law, for the purposes of carrying 36 out his duties, the State Auditor and his assistants or designees shall have access to all records and facilities of every 37 state agency during normal operating hours. Furthermore, the State Auditor and his assistants or designees shall have 38 access to all relevant records and facilities of any private organization which is appropriated state monies, relating to the 39 management and expenditures of such funds, during the organization's normal operating hours. In the performance of 40 his official duties, the State Auditor and his assistants or designees are subject to the statutory provisions and penalties 41 regarding the confidentiality of records of the respective agency, or organization, under review. All audit working 42 papers and memoranda of the State Auditor, with the exception of final audit reports, are confidential and not subject to
F09 - SECTION 17C - B&C BOARD, DIVISION OF BUDGET & ANALYSES PAGE 447 1 public disclosure. 2 17D.2. (BCB/AUD: Audit Timeframes) Notwithstanding any other provision of law, the State Auditor may 3 examine less often than annually agencies, departments, commissions and divisions provided that every such agency, 4 department, commission or division shall be examined no less often than every third year. 5 17D.3. (BCB/AUD: Contracts for State Audits) In the event qualified personnel cannot be hired during the current 6 fiscal year, any unused personal service funds in Subsection 17D, may be used to contract private firms to perform 7 audits as prescribed by the State Auditor. 8 17D.4. (BCB/AUD: Fraud Hot Line) The State Auditor is directed to maintain a Fraud Hot Line, and provide 9 statewide toll free telephone service for use by citizens of this State to report incidences of waste, fraud, misuse, and 10 abuse of state funds. The State Auditor is further directed to advertise the Fraud Hot Line in an appropriate manner. 11 17D.5. (BCB/AUD: Medical Assistance Audit) The Department of Health and Human Services shall remit to the 12 General Fund an amount representing fifty percent (allowable Federal Financial Participation) of the cost of the Medical 13 Assistance Audit as established in the State Auditor's Office of the Budget and Control Board Section 17D such amount 14 to also include appropriated salary adjustments and employer contributions allowable to this program. Such remittance 15 to the General Fund shall be made monthly and based on invoices as provided by the State Auditor's Office of the 16 Budget and Control Board. 17 18 F29 - SECTION 17E - B&C BOARD, RETIREMENT DIVISION 19 20 17E.1. (BCB/RET: Authorization to Pay For Data Processing Services) The Retirement System is authorized to 21 pay the Budget & Control Board - Division of Executive Director from funds appropriated to contractual services a 22 charge for data processing services. The cost will be determined on an hourly basis and shall not exceed the sum of 23 $600,000. 24 17E.2. (BCB/RET: Retirement Benefits Limits Increase) Notwithstanding any other provision of law, except as 25 provided below, retirees and beneficiaries under the State Retirement Systems receiving Medicaid (Title XIX) 26 sponsored nursing home care as of June 30, of the prior fiscal year shall receive no increase in retirement benefits during 27 the current fiscal year. However, a retired employee affected by the above prohibition may receive the scheduled 28 increase if he is discharged from the nursing home and does not require admission to a hospital or nursing home within 29 six months. The Department of Health & Human Services, the Department of Social Services, and the State Retirement 30 Systems must share the information needed to implement this proviso. 31 17E.3. (BCB/RET: Retirement Contributions - Monthly Transfers) Notwithstanding the amounts appropriated in 32 Subsection 17F of this Section as "State Employer Contributions," the State Treasurer and Comptroller General are 33 hereby authorized and directed to transfer from the General Fund of the State to the proper Retirement System 34 Accounts, month by month, during the current fiscal year, such funds as are necessary to comply with the terms of the 35 Retirement Act as amended, with respect to contributions by the State of South Carolina to the Retirement System. 36 17E.4. (BCB/RET: Temporary Scientific Consultative Employment) Any teacher or employee especially skilled 37 in scientific knowledge and attainment may be temporarily employed by any part of the government or any agency 38 thereof in a consultative capacity on a per diem compensation without such temporary consultative employment in any 39 way affecting, reducing or canceling his retirement benefits but such temporary consultative employment shall not 40 exceed six months in any one year.
F27 - SECTION 17D - B&C BOARD, STATE AUDITOR'S OFFICE PAGE 448 1 F30 - SECTION 17F - B&C BOARD, EMPLOYEE BENEFITS 2 3 17F.1. (BCB/EB: Benefits - Proportionate Payment) It is the intent of the General Assembly that any agency of 4 the State Government whose operations are covered by funds from other than General Fund Appropriations shall pay 5 from such other sources a proportionate share of the employer costs of retirement, social security, workmen's 6 compensation insurance, unemployment compensation insurance, health and other insurance for active and retired 7 employees, and any other employer contribution provided by the State for the agency's employees. 8 17F.2. (BCB/EB: Unemployment Compensation Account) Unemployment Compensation premiums collected 9 from state agencies will be deposited into a separate account and used to pay Unemployment Compensation benefits to 10 eligible employees of the State. Premiums will be based on experience ratings provided by private consultants and the 11 Budget and Control Board. The Unemployment Compensation Funds' contribution level must be reviewed no less than 12 biennially to ensure that premiums are commensurate with the cost of operating the Unemployment Compensation 13 Fund. All interest earned on this account must be retained by the Unemployment Compensation Fund and used to offset 14 costs. 15 17F.3. (BCB/EB: Unemployment Compensation Administration) The Budget and Control Board may hire 16 consultants or a management firm to assist in the administration of the unemployment compensation program for state 17 employees and for that purpose may use funds appropriated or otherwise made available for unemployment payments. 18 The Budget and Control Board is authorized to make such transfers as are necessary to accomplish this purpose. The 19 Budget and Control Board shall report annually to the General Assembly in writing the complete name, address and 20 amounts paid to any such consultants or management firm. 21 17F.4. (BCB/EB: Unemployment Compensation Insurance Claims) Notwithstanding the amounts appropriated in 22 Subsection 17F of this Section as "Unemployment Compensation Insurance" to cover unemployment benefit claims 23 paid to employees of the State Government who are entitled under Federal Law, the State Treasurer and the Comptroller 24 General are hereby authorized and directed to pay from the General Fund of the State to the South Carolina 25 Employment Security Commission such funds as are necessary to cover actual benefit claims paid during the current 26 fiscal year which exceed the amounts paid in for this purpose by the various agencies, departments and institutions 27 subject to unemployment compensation claims. The Employment Security Commission shall certify quarterly to the 28 Budget and Control Board the State's liability for such benefit claims actually paid to claimants who were employees of 29 the State of South Carolina and entitled under Federal law. The amount so certified shall be remitted to the 30 Employment Security Commission. 31 17F.5. (BCB/EB: Workers' Compensation Insurance Claims) Notwithstanding the amounts appropriated in 32 Subsection 17F of this Section as "Workers' Compensation Insurance" to cover Workers' Compensation benefit claims 33 paid to employees of the State Government who are entitled under State Law, the State Treasurer and the Comptroller 34 General are hereby authorized and directed to pay from the General Fund of the State to the State Accident Fund such 35 funds as are necessary to cover actual benefit claims paid and expenses relating to the operations of the agency during 36 the current fiscal year which exceed the amounts paid in for this purpose by the various agencies, departments, and 37 institutions. The State Accident Fund shall certify quarterly to the Budget and Control Board the State's liability for 38 such benefit claims actually paid to claimants who are employees of the State of South Carolina and entitled under State 39 Law. The amount so certified shall be remitted to the State Accident Fund.
F30 - SECTION 17F - B&C BOARD, EMPLOYEE BENEFITS PAGE 449 1 F31 - SECTION 17G - B&C BOARD, CAPITAL RESERVE FUND 2 3 17G.1. (BCB/CRF: Deficit Projected - Use of CRF) If the Board of Economic Advisors revenue forecast to the 4 Budget and Control Board at any time during the current fiscal year projects that revenues for the current fiscal year will 5 be less than appropriated expenditures for this year, the Budget and Control Board in mandating necessary cuts during 6 the current fiscal year to eliminate the projected deficit must first reduce to the extent necessary the appropriation herein 7 contained to the Capital Reserve Fund, prior to mandating any cuts in operating appropriations. 8 9 H03 - SECTION 18A - COMMISSION ON HIGHER EDUCATION 10 11 18A.1. (CHE: Contract for Services Program Fees) The amounts appropriated in this Section for "Southern 12 Regional Education Board Contract Programs" and "Southern Regional Education Board Dues" are to be used by the 13 Commission to pay to the Southern Regional Education Board the required contract fees for South Carolina students 14 enrolled under the Contract for Services program of the Southern Regional Education Board, in specific degree 15 programs in specified institutions and the Southern Regional Education Board membership dues. The funds 16 appropriated may not be reduced to cover any budget reductions or be transferred for other purposes. 17 18A.2. (CHE: Desegregation Activities) Higher Education institutions shall continue to support and fund 18 desegregation activities within the allocations made to each agency. 19 18A.3. (CHE: Grants for Programs in Other States) Of the funds appropriated herein, not more than $25,000 may 20 be used to make grants to South Carolina residents enrolled in an accredited institution outside the State in a program (a) 21 not offered in South Carolina, or (b) a program which differs significantly from a program offered in South Carolina as 22 determined by the Commission on Higher Education. The amount awarded to any such student must be made directly 23 to the institution for the account of the grantee. 24 18A.4. (CHE: Out-of-State School of the Arts) The funds appropriated herein for Out-of-State School of the Arts 25 must be expended for an SREB Contract Program, administered by the Commission, which will offset the difference 26 between the out-of-state cost and in-state cost for artistically talented high school students at the North Carolina School 27 of the Arts. 28 18A.5. (CHE: Real Property Disposal) Before any local area higher education commission may dispose of any 29 real property, the approval of the Budget and Control Board must be obtained. 30 18A.6. (CHE: Councils Committees, Etc., Representation) Each four-year campus of each state-supported senior 31 college and university shall have the same representation on all formal and informal councils, advisory groups, 32 committees, and task forces of the commission, not including the formula advisory committee, as the independent four- 33 year colleges. Representation on the Formula Advisory Committee shall include from the S.C. Legislature the 34 following voting members: two members of the Senate Finance Committee and two members of the House Ways and 35 Means Committee to be appointed by the respective chairman. 36 18A.7. (CHE: Access & Equity Programs) Of the funds appropriated herein for Desegregation Programs, the 37 Commission on Higher Education shall distribute at least $105,319 to South Carolina State University, $26,309 to 38 Denmark Technical College, and $263,415 to the Access and Equity Program. With the funds appropriated herein for 39 formula funding increases, the colleges and universities shall supplement their access and equity programs so as to 40 provide, at a minimum, the same level of minority recruitment activities as provided during the prior fiscal year. 41 18A.8. (CHE: Deadline for Formula Changes) The allocations made for the immediate fiscal year following 42 March 1 of any year must not be adjusted due to any change in the formula and any change in the input data into the
F31 - SECTION 17G - B&C BOARD, CAPITAL RESERVE FUND PAGE 450 1 formula after March 1 of the year. Any changes in allocation due to formula changes must be held in abeyance until the 2 next year's allocation as required herein. By March 1, the Commission on Higher Education shall submit the final 3 formula and the input data into the formula to the Senate Finance Committee, the House Ways and Means Committee, 4 the Senate Education Committee, and the House Education and Public Works Committee. 5 18A.9. (CHE: Reciprocal Tuition) The University of South Carolina's Aiken Campus may offer in-state tuition to 6 any student whose legal residence is in the Richmond/Columbia County area of the neighboring state of Georgia as long 7 as the Georgia Board of Regents continues its Georgia Tuition Program by which in-state tuition is offered to students 8 residing in the Aiken/Edgefield County Area of the State of South Carolina. 9 18A.10. (CHE: Penn Center) Of the funds appropriated to Higher Education formula, $174,000 shall be allocated to 10 the University of South Carolina - Beaufort for the Penn Center Project. The funds allocated shall not be used for any 11 other purposes and shall not be reduced due to budget reductions. 12 18A.11. (CHE: Midlands Tec Property Acquisition) Before disposal of the property on which the S.C. Fire 13 Academy currently resides, Midlands Technical College must first be given the option of acquiring this property. 14 18A.12. (CHE: CHE Carry Forward) The Commission on Higher Education may carry forward into the current 15 fiscal year any unexpended general funds from the prior fiscal year to be used only for the Access and Equity Program. 16 18A.13. (CHE: Southeastern Manufacturing Technology Center) The South Carolina Commission on Higher 17 Education shall review annually the activities of the Southeastern Manufacturing Technology Center and make a budget 18 recommendation to the General Assembly. The funds appropriated to the University of South Carolina - Columbia for 19 the Southeastern Manufacturing Technology Center may not be used for any other purpose. 20 18A.14. (CHE: Greenville Higher Education Center Rent) Of the funds appropriated to higher education, $337,694 21 will be allocated to Greenville Technical College to pay the annual rent for the Greenville Higher Education Center. 22 18A.15. (CHE: Property Disposal) The governing body for each technical college, public college and university 23 shall review the real property titled in the name of its institution to determine if such property is excess to the 24 institution's anticipated needs and is available for disposal. All real properties determined to be excess may be disposed 25 of with the approval of the Budget and Control Board. The proceeds of such sales are to be disposed of as follows: If 26 the property was acquired as a gift, through tuition student fees, county funds, or earned income, the proceeds may be 27 retained by the selling institution for use in accord with established needs. The proceeds acquired from the sale of real 28 property acquired through unique State appropriations, State Capital Improvement Bonds, or formula funds are to revert 29 to the State's General Fund. The responsibility for providing any necessary documentation including but not limited to 30 documenting the fund source, of any real property proposed for sale rests with each respective institution. 31 18A.16. (CHE: Out-of-State Tuition Subsidy) Any funds appropriated in excess of Fiscal Year 1993-94 total 32 appropriation must be allocated to the institutions for the funding of the formula for in-state students only. 33 18A.17. (CHE: SREB Funding) Funds appropriated for SREB contracts and dues may not be transferred or 34 reduced. 35 18A.18. (CHE: Single-Gender Institutions) In considering the comprehensive funding needs of the various 36 institutions of higher learning, the General Assembly has taken cognizance of the decisions of federal courts in various 37 jurisdictions which have held that single-gender institutions of higher learning provide valuable and unique educational 38 opportunities and are constitutionally permissible based on legitimate public policy considerations which justify single- 39 gender education. Studies conducted by several scholars have concluded that for a variety of reasons single-gender 40 institutions have advantages over coeducational institutions in numerous areas, and the data developed suggests that the 41 differences between a single-gender student population and a coeducational one justify a state's offering single-gender 42 education. A state nevertheless must appropriate its available funds so as to provide constitutionally permissible single-
H03 - SECTION 18A - COMMISSION ON HIGHER EDUCATION PAGE 451 1 gender opportunities in higher education based on public policy considerations governing the expenditure of funds in 2 support of higher education which justify single-gender classifications as being in the best interests of the providing 3 state. The General Assembly, by this proviso, declares and stipulates that the public policy considerations and state 4 interests of South Carolina in establishing, supporting, and providing for single-gender institutions of higher learning 5 are as follows: 6 A. Policy of Diversity. 7 South Carolina believes that its institutions of higher learning should be diverse as to size, competitiveness, program 8 emphasis, student population, and location so as to provide students with a variety of academic opportunities and 9 experiences. In compliance with this policy of diversity, South Carolina has established a variety of diverse educational 10 post-secondary institutions ranging from small colleges to large regional universities, from liberal arts programs to 11 specific research-based programs, from two-year institutions to four-year institutions with no graduate programs and to 12 four-year institutions with comprehensive graduate and professional schools. In this contest, a policy of diversity 13 should include places for single-gender institutions within the overall higher education system of this State. The single- 14 gender institutions this State has supported over the years have been as a result of the legitimate state interest and desire 15 for diversity in its educational institutions, and a belief that a diverse state program that includes both single-gender 16 programs and coeducational programs better meets the individual needs of students than does a program or policy that 17 requires all students, without regard to individual needs, to attend coeducational colleges. 18 B. Policy of Meeting Need and Demand. 19 A need for single-gender educational programs exists in South Carolina in the opinion of its citizens, and a public 20 demand for them continues. The citizens of South Carolina want these programs and the public interest is well served 21 by them. A tremendous demand exists now and has historically existed for the type of single-gender opportunities the 22 State has offered. It may be true that this demand is somewhat unique to South Carolina and other similar states and 23 does not necessarily exist throughout the country but, nevertheless, where sufficient demand has existed for particular 24 single-gender programs of either gender thereby justifying the expenditure of public funds to support such programs, the 25 State of South Carolina has supported such programs and has a valid state interest in doing so. The current single- 26 gender situations in South Carolina are popular, fully-subscribed, and flourishing and clearly the State has a legitimate 27 public policy interest in offering and providing the types of educational experiences, including single-gender ones, that 28 its taxpayers and citizens desire and support. In addition, where a single-gender institution produces graduates of a 29 particular discipline, training, or expertise, and the record shows that this type of training could not be as successfully 30 developed at a coeducational institution, a legitimate and important state interest is served if the State through its 31 agencies and programs or the nation through its agencies and programs utilizes these graduates for compelling state or 32 national needs. 33 C. Policy of Autonomy. 34 In the system of higher education in place in South Carolina, each institution of higher learning is governed by a 35 board of trustees which governs the institution subject to the general law and in conjunction with the Commission on 36 Higher Education. The General Assembly has directed the Commission on Higher Education and the state's institutions 37 of higher learning to seek to create an environment in which each institution can pursue its own mission within the 38 broader statewide framework. 39 The missions of South Carolina's sixty-two public and independent post-secondary institutions vary widely. 40 Research universities offer degree programs through the doctoral level and professional programs consistent with their 41 respective missions. In addition, their missions emphasize funded research and public service activities that 42 complement academic programs. Within the context of their variety of roles and missions, senior colleges offer a broad
H03 - SECTION 18A - COMMISSION ON HIGHER EDUCATION PAGE 452 1 range of degree programs including graduate programs at the master's degree level in selected fields as well as public 2 service and research programs. This comprehensive system as a matter of public policy should include an institution's 3 right to choose to offer a single-gender program if sufficient demand for such a program exists and if the program fits 4 within the broad framework of the overall state educational system. 5 The General Assembly as part of its stated public policy of allowing each institution the autonomy within certain 6 guidelines to develop individualized mission statements and programs has therefore determined that it is consistent with 7 its stated policy of institutional autonomy for an institution to offer a single-gender opportunity accomplished through 8 the enactment of such vehicles as specific admission requirements based on gender or other similar requirements. 9 D. Policy of Economy of Resources. 10 The resources of the State of South Carolina available for higher education are becoming more and more scarce, and 11 it is mandatory and a compelling public policy and state interest that the available resources and funding for each 12 institution of higher learning be used in the most efficient and effective manner possible. 13 Studies have shown that single-gender programs provide a diversity of choice for the individual and varying needs of 14 students in the most efficient, economical, and prudent manner possible and with the maximum utilization of the 15 resources and assets of the State. This is true because single-gender programs avoid the duplication and additional 16 expense that would be incurred if an attempt was made to offer the unique characteristics of a single-gender program at 17 a coeducational institution. A single-gender institution can deliver some specific programs including those with holistic 18 or adversarial characteristics at less cost than can a coeducational institution and the State has a legitimate public policy 19 interest in providing these types of programs at the least possible cost. Also, consistent with its policy of providing 20 single-gender educational opportunities for the reasons enumerated herein, the State of South Carolina has found that 21 the physical plant of a single-gender institution must have certain characteristics different from those of a coeducational 22 institution for the purpose of ensuring privacy, safety, and for other such considerations. To attempt to construct or 23 adapt the physical plant of a single-gender institution for the purpose of making it suitable for coeducation would be 24 prohibitively expensive. 25 Consequently, given the fiscal situation in South Carolina and given the competing demands on its scarce resources, 26 it is in the best interest of the State and a prudent public policy for single-gender institutions to be part of this state's 27 higher education system so that unique programs may be offered to interested students in the most economical and 28 efficient manner possible without unnecessary duplication and additional expense. 29 E. Policy of Choice. 30 Single-gender institutions and their programs provide a freedom of choice to students and their families, and the 31 General Assembly believes as a matter of public policy that this is a freedom for individual choice that does not need to 32 be destroyed. Ample choices and opportunities for college educations in mixed-gender coeducational environments 33 exist in South Carolina and in other states and those individuals desiring a single-gender choice should also have the 34 opportunity to make such a choice. Single-gender institutions are not inherently unconstitutional or unlawful, and the 35 General Assembly believes that as a matter of public policy it has a duty to offer its citizens the widest range of 36 educational opportunities it can offer in the manner allowed by law, including single-gender opportunities, so that 37 interested students are free to choose an institution which, due to its distinctive educational methods, is not diminished 38 or impaired as a result of a coeducational requirement; and 39 For the reasons and policies above provided, South Carolina has historically supported and continues to support 40 single-gender educational institutions as a matter of public policy based on legitimate state interests where sufficient 41 demand has existed for particular single-gender programs thereby justifying the expenditure of public funds to support 42 such programs.
H03 - SECTION 18A - COMMISSION ON HIGHER EDUCATION PAGE 453 1 Presently in South Carolina single-gender educational opportunities exist for men at The Citadel, but do not exist for 2 women in all areas and the members of the General Assembly, by this proviso, express their belief that it is appropriate 3 for this State to begin the process of providing single-gender educational opportunities for women. 4 18A.19. (CHE: Out-Of-State Tuition Subsidy Reduction) State-supported colleges and universities, including 5 technical colleges, shall not increase the tuition and fees charged to in-state undergraduate students until the institutions 6 recapture and maintain one hundred percent of the total education and general cost for out-of-state undergraduate 7 students. Beginning July 1, 1994, the Commission on Higher Education shall reduce the subsidy for out-of-state 8 undergraduate students by five percent each year until the state subsidy is at twenty-five percent of the total education 9 and general cost. At the end of these periods, the state subsidy for such undergraduate students shall be twenty-five 10 percent of the total education and general cost. However, for Fiscal Year 1994-95, this reduction does not take effect 11 until recurring and nonrecurring funds in excess of $567,386,486 have been appropriated for the higher education 12 formula. No state funds can be used to provide undergraduate out-of-state subsidies. 13 Should there be any in-state undergraduate tuition increase in violation of this section, the appropriations in this act 14 to that institution shall be reduced by the amount generated by that increase. 15 18A.20. (CHE: Advanced Placement) Students successfully completing advanced placement courses and receiving 16 a score of three (3) or above on the exam shall receive advanced placement credit for each course in all post-secondary 17 public colleges in South Carolina. 18 18A.21. (CHE: Formula Funding for Converse Women's Leadership Institute) Of the funds appropriated for the 19 higher education formula, one million four hundred thousand dollars shall be allocated to The Citadel for the Women's 20 Leadership Institute at Converse College upon approval of a single-gender program by any court of competent 21 jurisdiction. This contract will in no way make Converse College subject to the Commission on Higher Education's 22 purview. Funds shall be transferred to Converse College by the Citadel on a quarterly basis for students enrolled in 23 Women's Leadership contract program on the same per student basis as the per student state appropriation for cadets at 24 The Citadel as determined under the higher education formula of the Commission on Higher Education. Funds 25 remaining after per student reimbursements, up to a total of one million four hundred thousand dollars, shall be used to 26 establish and support the Leadership Institute at Converse College. 27 18A.22. (CHE: African-American Loan Program) Of the funds appropriated to the Commission on Higher 28 Education for the African-American Loan Program, $130,000 shall be distributed to South Carolina State University 29 and $100,000 shall be distributed to Benedict College, and must be used for a loan program with the major focus of 30 attracting African-American males to the teaching profession. The Commission of Higher Education shall act as the 31 monitoring and reporting agency for the African-American Loan Program. $100,000 shall be distributed to South 32 Carolina State University for the purpose of funding the 1890 Leadership Institute. 33 18A.23. (CHE: Scholarship and Grants Allocation) In instances where the equal division of the appropriated funds 34 between need-based grants and the Palmetto Fellows Program exceeds the capacity to make awards in either program, 35 the Commission on Higher Education has the authority to re-allocate the remaining funds between the two programs 36 until these programs are fully implemented in FY 2000-2001, after which an equal division between the two programs 37 shall be maintained. A renewal applicant must have maintained a minimum cumulative grade point average of 2.0 on a 38 4.0 scale. 39 18A.24. (CHE: Carry Forward Formula Funding for Converse Women's Leadership Institute) Funds appropriated 40 in Part IB, Section 18A.26 of Act 145 of 1995 for The Citadel for the Women's Leadership Institute at Converse College 41 shall be carried forward to be used in the 1996-97 fiscal year for the same purposes authorized in Act 145 of 1995. 42
H03 - SECTION 18A - COMMISSION ON HIGHER EDUCATION PAGE 454 1 H06 - SECTION 18B - HIGHER EDUCATION TUITION GRANTS 2 3 18B.1. (HETG: Disbursal of Grant Funds/Interest Earnings) South Carolina Tuition Grants Program funds shall 4 be disbursed to eligible students on a semester-by-semester basis. Interest accrued on the balance of undisbursed tuition 5 grants programs funds on deposit with the State Treasurer's Office from September 15 through December 31 shall be 6 calculated by the State Treasurer's Office and transferred within 30 days to the South Carolina Tuition Grants Program 7 to be awarded as tuition grants to eligible students. 8 9 H09 - SECTION 18C - THE CITADEL 10 11 18C.1. (CIT: Women's Leadership Program) The funds appropriated in Part IA, Section 18C, of this act and any 12 other funds appropriated in any other appropriation act for the Women's Leadership Program must be used exclusively 13 for the support of the Women's Leadership Program. Provided further, that no funds may be expended until the 14 approval of a single-gender program as established in Part II of this act by any court of competent jurisdiction. 15 18C.2. (CIT: Women's Leadership Carry Forward) Funds Of the funds appropriated in Item 50, Section 2 of Act 16 146 of 1995, for The Citadel's Women's Leadership Program, $440,000 shall be carried forward to be used in Fiscal 17 Year 1996-97 1997-98 for the same purposes authorized in Act 146 of 1995 and as amended costs involved with 18 assimilating females into the Citadel. 19 20 H45 - SECTION 18K - UNIVERSITY OF SOUTH CAROLINA 21 22 18K.1. (USC: Palmetto Poison Control Center) Of the funds appropriated or authorized herein, the University of 23 South Carolina shall expend at least $150,000 on the Palmetto Poison Control Center. 24 18K.2. (USC: Public Service Activities) Of funds appropriated to the University of South Carolina in Section 25 18KA for public service activities, $25,000 shall be provided for the continuing operation of the Gerontology Project, 26 $90,624 shall be provided for the Law Enforcement Census and Annual Law Enforcement Report which is to be 27 prepared by the Office of Agency Research and Service, College of Criminal Justice, and $20,000 for the Old Fort 28 Congaree Project. 29 18K.3. (USC: Confederate Relic Room Rent) Rent may be charged by the University of South Carolina to the 30 Confederate Relic Room, for the use of space occupied as of June 30, 1992, shall not be increased above the 1991-92 31 level in accordance with procedures established by the Budget and Control Board. 32 18K.4. (USC: Child Development Centers - Indirect Cost Partial Waiver) The University of South Carolina, 33 Columbia, Lancaster, Spartanburg, and Union Campuses shall be allowed to apply a 5% indirect cost rate for their four 34 early childhood education centers supported by the SC Health and Human Services Block Grant for FY 93-94. 35 18K.5. (USC: Indirect Cost Recovery Waiver for Summer Food Service Program) The University of South 36 Carolina is granted partial waiver of the remittance of indirect cost recoveries for the Summer Food Service Program 37 supported by the Federal Department of Agriculture through the Department of Social Services. The waiver may not 38 exceed the amount of direct administrative cost for the program. 39 18K.6. (USC: Medical School - Position Transfer) The University of South Carolina positions that are funded by 40 the School of Medicine but are employees of Richland Memorial Hospital are to be transferred to the University of 41 South Carolina during Fiscal Year 1996-97. As of the date of transfer, these employees will be employees of the 42 University of South Carolina subject to the policies of the University and the State; provided, however, that such
H06 - SECTION 18B - HIGHER EDUCATION TUITION GRANTS PAGE 455 1 employees will be afforded all benefits of state employment. Service credit at Richland Memorial Hospital will be 2 recognized for the purpose of leave accrual. Existing annual and sick leave balances will be transferred to the 3 University of South Carolina not to exceed allowable statutory leave balances. The University shall absorb these 4 employees without additional FTE's. 5 18K.7. (USC: School of Medicine Practice Plan) Employees of agencies and institutions affiliated with the 6 University of South Carolina School of Medicine, who hold faculty appointments in the School, may participate in the 7 School's Practice Plan. Funds generated by such participants shall be handled in accordance with University policies 8 governing Practice Plan funds. 9 10 H54 - SECTION 18M - MEDICAL UNIVERSITY OF SOUTH CAROLINA 11 12 18M.1. (MUSC: Family Practice Residency System) Statewide family practice residency system funds 13 appropriated for faculty salaries, teaching services, and consultant fees may only be expended when the above activities 14 are accomplished for educational purposes in the family practice centers. Authorization is hereby granted to the 15 Medical University of South Carolina to expend such funds in hospital-based clinical settings apart from the consortium 16 hospital, when such settings are determined by the President of the Medical University of South Carolina with approval 17 of the Board of the Medical University to provide appropriate educational experience and opportunities to the family 18 practice residents and these funds shall not be transferred to any other program. 19 18M.2. (MUSC: Ombudsman Program) From the funds appropriated in this section, the Medical University of 20 South Carolina shall provide the space needed for the Ombudsman Program of the Office of the Governor and shall 21 provide pertinent written statements, documents, exhibits and other items, as well as any other assistance, that is deemed 22 necessary for the performance of the program's mandates. 23 18M.3. (MUSC: AHEC Residency Programs Formula Funding) South Carolina Area Health Education 24 Consortium (S.C. AHEC) shall be awarded funding for the Statewide Family Practice Residency System and the 25 Graduate Doctor Education Program based on the appropriate formula, as approved by the S.C. AHEC and the 26 Commission on Higher Education, and the level of funding shall be the same percentage as the other State Institutions 27 of Higher Education. 28 18M.4. (MUSC: AHEC Residency Programs Funds) Funds allocated for the residency programs (Statewide 29 Family Practice and Graduate Doctor Education) shall be used for those programs only. Funds allocated for the Area 30 Health Education Center program shall be used for that program only. 31 18M.5. (MUSC: AHEC Rural Physician Recruitment Program) The funds appropriated to The Medical University 32 of South Carolina for the "rural physician program" shall be administered by the SC AHEC Physician recruitment 33 office. The Medical University of South Carolina shall be responsible for the fiscal management of funds to ensure that 34 state policies and guidelines are adhered to. A legislatively appointed Board is hereby created to manage and allocate 35 these funds in the best interests of the citizens of South Carolina. The Board will be composed of the following: The 36 Executive Director, or his designee, of the SC Primary Care Association; the Dean, or his designee, of the USC School 37 of Medicine; the Executive Director, or his designee, of the S.C. Medical Association; two representatives from rural 38 health care settings, one to be appointed by the Chairman of the Senate Medical Affairs Committee and one to be 39 appointed by the Chairman of the House Medical, Military, Public and Municipal Affairs Committee; the 40 Commissioner, or his designee, of the Department of Health and Environmental Control; the Executive Director, or his 41 designee, of the S.C. Hospital Association; the Commissioner, or his designee, of the Commission on Higher 42 Education; and the Director, or his designee, of the Department of Health and Human Services. The Chairman, with the
H45 - SECTION 18K - UNIVERSITY OF SOUTH CAROLINA PAGE 456 1 concurrence of the Board, shall appoint 3 at-large members with 2 representing nursing and 1 representing allied health 2 services in South Carolina. 3 18M.6. (MUSC: Diabetes Center of Excellence) Of the funds appropriated to the Medical University of South 4 Carolina, $232,000 shall be used for a Diabetes Center of Excellence. 5 18M.7. (MUSC: Medical School Graduates Statistics) From the funds appropriated in Part IA, Section 18MC, 6 Program II. Family Practice for classified positions and other operating expenses, the State Office of Rural Health shall 7 compile the statistics on the number of graduates of USC School of Medicine and Medical University of South Carolina 8 who are actually practicing medicine as primary care physicians in South Carolina, with said statistics to include 9 specific data as to the type of specialization of any internists and to include the number of graduates who are practicing 10 in rural or underserved areas of this state; and such data shall be reported to the General Assembly by January 1, 1996. 11 18M.8. (MUSC: Realign Appropriations) In consultation with the House Ways and Means Committee and the 12 Senate Finance Committee, the Medical University of South Carolina is authorized to realign its Fiscal Year 1997-98 13 appropriations into a revised structure to reflect actual program operations. 14 15 H59 - SECTION 18N - TECHNICAL & COMPREHENSIVE EDUCATION BOARD 16 17 18N.1. (TEC: Real Property Acquisition) Before any local technical education area commission may acquire any 18 real property, the approval of the State Board for Technical and Comprehensive Education and the State Budget and 19 Control Board and the Joint Bond Review Committee shall be obtained. 20 18N.2. (TEC: Training of New & Expanding Industry) Notwithstanding the amounts appropriated in this section 21 for "Special Schools", it is the intent of the General Assembly that the State Board for Technical and Comprehensive 22 Education expend whatever available funds as are necessary to provide direct training for new and expanding business 23 or industry. In the event expenditures are above the appropriation, the appropriation in this section for "Special 24 Schools" shall be appropriately adjusted, if and only if, revenues exceed projections and the Budget and Control Board 25 and the Joint Appropriations Review Committee approve approves the adjustment. 26 18N.3. (TEC: Training of New & Expanded Industry Carry Forward) In addition to the funds appropriated in this 27 section, any of the funds appropriated under this section for the prior fiscal year which are not expended during that 28 fiscal year may be carried forward and expended for direct training of new and expanding industry in the current fiscal 29 year. 30 18N.4. (TEC: Training for New and Expanded Industry - Payments of Prior Year Expenditures) The State Board 31 for Technical and Comprehensive Education may reimburse business and industry for prior year training costs billed to 32 the agency after fiscal year closing with the concurrence of the Comptroller General. 33 18N.5. (TEC: Special Events Entity) That upon establishment of a new non-profit corporation that formerly 34 functioned as a program component of the State Board for Technical and Comprehensive Education, the accumulated 35 balance of Other Funds revenues net of all liabilities of that component's operations be transferred as appropriate to the 36 new corporation during Fiscal Year 1996-97. Also, ownership of the equipment purchased from the Other Funds 37 revenues will be transferred to the new entity. 38 39 H63 - SECTION 19 - DEPARTMENT OF EDUCATION 40 41 19.1. (SDE: Agriculture Teachers) The funds appropriated for "Aid to School Districts - 12 Months Agriculture 42 Teachers" in Section XIII, shall be used to cover the additional cost to school districts of placing all vocational
H54 - SECTION 18M - MEDICAL UNIVERSITY OF SOUTH CAROLINA PAGE 457 1 agriculture teachers on twelve-month contracts. 2 19.2. (SDE: Appropriation Transfer Prohibition) The amounts appropriated herein for aid to subdivisions, 3 allocations to school districts, or special line items shall not be transferred and must be expended in accordance with the 4 intent of the appropriation. 5 19.3. (SDE: Attendance/Lunch Supervisors) The amounts appropriated in this section for Attendance Supervisors 6 and for County School Lunch Supervisors shall be used for the payment of salaries of one attendance supervisor and 7 one lunch supervisor for each county. In the absence of a County Board of Education or with the approval of the 8 County Board of Education in multi-district counties, the salary will be proportionately distributed among the districts 9 of the county on the basis of the 135 average daily membership of the prior year, provided that such funds must be used 10 for the supervision of the Attendance Program and the supervision of the School Food Service Program respectively. 11 For the current fiscal year the local supplement to salaries of county School Lunch Supervisors and School Attendance 12 Supervisors shall not be reduced below the supplements paid in the prior fiscal year. 13 19.4. (SDE: Child Development Centers) School districts which operate Social Services Block Grant Child 14 Development Centers shall be exempt from Department of Education rules and regulations concerning Child 15 Development Centers during the current fiscal year. 16 19.5. (SDE: Darlington Desegregation Lawsuit) Funds appropriated, pursuant to this act or any other act, to the 17 Department of Education for the purpose of effectuating a settlement of the Darlington Desegregation lawsuit brought 18 against the State of South Carolina or any of its political subdivisions may not be transferred or expended for any 19 purpose other than the lawsuit for which the funds were appropriated shall be expended for instructional materials. 20 Unexpended funds may be carried forward from the prior fiscal year to be expended for the same purposes in the current 21 fiscal year this purpose. 22 19.6. (SDE: DHEC - Comprehensive Health Assessment) Of the funds appropriated to the Department of 23 Education-Administration, $94,658 must be transferred to DHEC to provide comprehensive health assessments for 24 children entering first grade in school districts having more than fifty percent of the students qualifying for free and 25 reduced price lunches. All school districts shall participate, to the fullest extent possible, in the Medicaid program by 26 seeking appropriate reimbursement for services and administration of health and social services. Reimbursements to the 27 school districts shall not be used to supplant funds currently being spent on health and social services. DHEC shall 28 coordinate with the State Department of Education and the Department of Health and Human Services in submission of 29 a report to the Senate Education Committee and House Education and Public Works Committee on the effectiveness of 30 health and social programs in identifying and improving children's health status and the need for follow-up and/or 31 additional services. 32 19.7. (SDE: EFA Formula/Base Student Cost Inflation Factor) To the extent possible within available funds, it is 33 the intent of the General Assembly to provide for 100 percent of full implementation of the Education Finance Act to 34 include an inflation factor projected by the Division of Budget and Analyses to match inflation wages of public school 35 employees in the Southeast. The base student cost for FY 1996-97 1997-98 has been determined to be $1,760 $1,839 36 which includes a 4.5% inflation factor. 37 Any unallocated Education Finance Act funds at the end of the current fiscal year must be allocated to the school 38 districts for school building aid on a non-matching basis on the same basis that districts receive Education Finance Act 39 allocations. 40 19.8. (SDE: EFA - Formula) The amount appropriated in Part IA, Section 19 for "Education Finance Act" shall 41 be the maximum paid under the provisions of Act 163 of 1977 (the South Carolina Education Finance Act of 1977) to 42 the aggregate of all recipients. The South Carolina Education Department shall develop formulas to determine the State
H63 - SECTION 19 - DEPARTMENT OF EDUCATION PAGE 458 1 and required local funding as stipulated in the South Carolina Education Finance Act of 1977. Such formulas shall 2 require the approval of the State Board of Education and the Budget and Control Board. After computing the EFA 3 allocations for all districts, the Department shall determine whether any districts' minimum required local revenue 4 exceeds the districts' total EFA Foundation Program. When such instance is found, the Department shall adjust the 5 index of taxpaying ability to reflect a local effort equal to the cost of the districts' EFA Foundation Program. The 6 districts' weighted pupil units are to be included in determination of the funds needed for implementation of the 7 Education Finance Act statewide. 8 In the event that the formulas as devised by the Department of Education and approved by the State Board of 9 Education and the Budget and Control Board should provide for distribution to the various school districts totaling more 10 than the amount appropriated for such purposes, subject to the provisions of this proviso, the Department of Education 11 shall reduce each school district entitlement by an equal amount per weighted pupil so as to bring the total 12 disbursements into conformity with the total funds appropriated for this purpose. If a reduction is required in the State's 13 contribution, the required local funding shall be reduced by the proportionate share of local funds per weighted pupil 14 unit. The Department of Education shall continually monitor the distribution of funds under the provisions of the 15 Education Finance Act and shall make periodic adjustments to disbursements to insure that the aggregate of such 16 disbursements do not exceed the appropriated funds. 17 Notwithstanding any other provision of law, local districts shall not be mandated or required to inflate the base 18 number in their respective salary schedules by any percentage greater than the percentage by which the appropriated 19 base student cost exceeds the appropriated base student cost of the prior fiscal year. 20 19.9. (SDE: Employer Contributions/Allocations) It is the intent of the General Assembly that the appropriation 21 contained herein for "Public School Employee Benefits" shall not be utilized to provide employer contributions for any 22 portion of a school district employee's salary which is federally funded. 23 State funds allocated for school district employer contributions must be allocated by the formula and must be used 24 first by each district to cover the cost of fringe benefits for personnel required by the Defined Minimum Program, food 25 service personnel and other personnel required by law. Once a district has expended all state allocated funds for fringe 26 benefits, the district may utilize food service revenues to fund a proportionate share of fringe benefits costs for food 27 service personnel. 28 The Department of Juvenile Justice and the Department of Corrections' school districts must be allocated funds under 29 the fringe benefits program in accordance with criteria established for all school districts. 30 19.10. (SDE: Employer Contributions/Obligations) In order to finalize each school district's allocations of 31 Employer Contributions funds for retiree insurance from the prior fiscal year, the Department of Education is authorized 32 to adjust a school district's allocation in the current fiscal year accordingly to reflect actual payroll and payments to the 33 Retirement System from the prior fiscal year. In the event the Department of Education is notified that an Educational 34 Subdivision has failed to remit proper payments to cover Employee Fringe Benefit obligations, the Department of 35 Education is directed to withhold the Educational Subdivision's state funds until such obligations are met. 36 19.11. (SDE: Fees - Incidental & Matriculation) Notwithstanding any other provision of law, the board of trustees 37 of any school district which does not have the authority by any special act of the General Assembly to charge the cost of 38 educational materials and supplies is authorized to charge a fee to offset the cost of education materials and supplies. 39 The board of trustees of each school district which charges such fees is directed to develop rules and regulations for 40 such fees which take into account the students' ability to pay and to hold the fee to a minimum reasonable amount. Fees 41 may not be charged to students eligible for free lunch and must be pro rata for students eligible for reduced price 42 lunches, if the parents or guardians of these students so request.
H63 - SECTION 19 - DEPARTMENT OF EDUCATION PAGE 459 1 19.12. (SDE: Governor's School for Science & Math) Any unexpended balance on June 30, of the prior fiscal year 2 of funds appropriated to or generated by the Governor's School for Science and Mathematics may be carried forward 3 and expended in the current fiscal year pursuant to the direction of the Board of Trustees of the School. Of the general 4 fund appropriation to the Governor's School for Science and Mathematics, $30,000 must be used to provide for library 5 and facilities improvements at Coker College that will be of benefit both to the College and the School. 6 19.13. (SDE: Educational Responsibility/Foster Care) Notwithstanding any other provision of law, the 7 responsibility for providing a free and appropriate public education program for all children including handicapped 8 students is vested in the public school district wherein a child of lawful school age resides in a foster home, group home, 9 orphanage, or a state operated health care facility including a facility for treatment of mental illness or chemical 10 dependence located within the jurisdiction of the school district. The districts concerned may agree upon acceptable 11 local cost reimbursement. If no agreement is reached, districts providing education shall receive from the district where 12 the child last resided before placement in a facility an additional amount equivalent to the statewide average of the local 13 base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education 14 Finance Act. If a child from out-of-state is being resided in a facility owned and/or operated by a for profit entity, the 15 district providing educational services shall be reimbursed by the for profit entity the local district's local support per 16 weighted pupil above the statewide average base student cost multiplied by the appropriate pupil weighting as set forth 17 in Section 59-20-40 of the Education Finance Act. School districts providing the education shall notify the non-resident 18 district in writing within 45 calendar days that a student from the non-resident district is receiving education services 19 pursuant to the provisions of the proviso. The notice shall also contain the student's name, date of birth, and 20 handicapping condition if available. If appropriate financial arrangements cannot be effected between institutions of the 21 state and school districts, institutions receiving educational appropriations shall pay the local base student cost 22 multiplied by the appropriate pupil weighting. Children residing in institutions of state agencies shall be educated with 23 non-disabled children in the public school districts if appropriate to their educational needs. Such institutions shall 24 determine, on an individual basis, which children residing in the institution might be eligible to receive appropriate 25 educational services in a public school setting. Once these children are identified, the institution shall convene an IEP 26 meeting with officials of the public school district in which the institution is located. If it is determined by the 27 committee that the least restrictive environment in which to implement the child's IEP is a public school setting, then the 28 school district in which the institution is located must provide the educational services. However, that school district 29 may enter into contractual agreements with any other school district having schools located within a 45 mile radius of 30 the institution. The cost for educating such children shall be allocated in the following manner: the school district 31 where the child last resided before being placed in an institution shall pay to the school district providing the 32 educational services an amount equivalent to the statewide average of the local base student cost multiplied by the 33 appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act; the school district providing 34 the educational services shall be able to count the child for all funding sources, both state and federal. The institution 35 and school district, through contractual agreements, will address the special education and related services to be 36 provided to students. Should the school district wherein the institution is located determine that the child cannot be 37 appropriately served in a public school setting, then the institution may request a due process hearing pursuant to the 38 procedures provided for in the Individuals with Disabilities Education Act. 39 19.14. (SDE: Handicapped/Preschool Children) The State funding for free appropriate public education provided 40 for the three and four year old disabled children served under Act 86 of 1993 shall be distributed based on the district's 41 index of taxpaying ability as defined in Section 59-20-20(3). Five-year-old disabled children shall continue to be 42 funded under the Education Finance Act of 1977.
H63 - SECTION 19 - DEPARTMENT OF EDUCATION PAGE 460 1 19.15. (SDE: Instruction in Juvenile Detention Centers) It shall be the responsibility of the School District where a 2 local Juvenile Detention Center is located to provide adequate teaching staff and to ensure compliance with the 3 educational requirements of this state. Students housed in local detention centers are to be included in the average daily 4 membership count of students for that district and reimbursement by the Department of Education made accordingly. 5 19.16. (SDE: Non-Recurring: School-Library Resource Materials) Of the funds appropriated for school library 6 resource materials, $1,000 shall be distributed to each school district with remaining funds distributed on a per pupil 7 basis. 8 19.17. (SDE: Public School Employee Cost Savings Program) The State Department of Education, with resources 9 appropriated in Section 19, shall implement the Public School Employee Cost Savings Program as authorized in Section 10 59-1-452 for the purpose of making cash awards to individual school district employees for cost savings ideas which are 11 proven to be workable. 12 19.18. (SDE: Revenue Authorization) The State Department of Education is hereby authorized to collect, expend, 13 and carry forward revenues in the following areas to offset the cost of providing such services: the sale of publications, 14 brochures, photo copies, listings and labels, Directory of South Carolina Schools, student health record cards, items to 15 be recycled, and high school diplomas and certificates; the collection of out-of-state and in-state investigation fees, 16 registration fees for non-SDE employees, recurring facility inspection fees, teacher certification fees; the handling of 17 audio-visual film; the provision of contract computer services to school districts and other state agencies, joint broadcast 18 service to school districts, and education-related statistics through agreement with the National Center for Education 19 Statistics; the lease or sale of programs of television, audio or microcomputer software; the collection of damage fees 20 for instructional materials and the sale of unusable instructional materials; sale of fuel; the use and repair of 21 transportation equipment; the receipt of insurance and warranty payments on Department of Education equipment and 22 the sale of used school buses and support equipment. The Department of Education is authorized to collect revenue for 23 deposit into the State General Fund for testing material purchases and test rescoring fees. 24 19.19. (SDE: School District Bank Accounts) Notwithstanding any other provisions of law, each school district in 25 this State, upon the approval of the district's governing body, may maintain its own bank account for the purpose of 26 making disbursement of school district funds as necessary to conduct school district business and each county treasurer 27 is hereby authorized to transfer such amount as needed, upon receipt of a written order certified by the district governing 28 body or their designee. Such order shall contain a statement that such amount is for immediate disbursement for the 29 payment of correct and legal obligation of the school district. 30 19.20. (SDE: School Lunch Program Aid) The amount appropriated herein for School Lunch Program Aid shall be 31 divided among the County Boards of Education of the State upon the basis of the number of schools participating in the 32 School Lunch Program in each county during the prior school year. The travel expenses of the County School Lunch 33 Supervisor shall be paid from this appropriation at the prevailing rate of mileage allowed by the State. These funds may 34 be used as an aid in improving the School Lunch Program. These funds may not be used to supplement the salaries of 35 school lunch supervisors. In the absence of a County Board of Education in multi-district counties, the funds will be 36 divided among the school districts of the county on the basis of the number of schools participating in the School Lunch 37 Program in each district during the prior school year. 38 19.21. (SDE: Teacher Classification/Other Agencies) Employees in teaching positions in schools operated by the 39 Department of Juvenile Justice, the S. C. Department of Corrections and the South Carolina School for the Deaf and the 40 Blind shall be exempt from classification by the Division of Budget and Analyses during the current fiscal year. 41 Employees in teaching positions in schools operated by John De La Howe and Wil Lou Gray Opportunity School, at the 42 discretion of the agency, are exempt from classification by the Office of Human Resources.
H63 - SECTION 19 - DEPARTMENT OF EDUCATION PAGE 461 1 19.22. (SDE: Teachers/Temporary & Emergency Certificates) Of the funds provided for teacher salaries funds may 2 be used to pay salaries for those teachers holding temporary or emergency certificates which shall remain valid for the 3 current school year if the local board of education so requests. The State Department of Education shall submit to the 4 General Assembly by March 1, of the current fiscal year, a report showing by district the number of emergency 5 certificates by category; including an enumeration of the certificates carried forward from the previous year. No 6 temporary or emergency certificate shall be continued more than twice. 7 19.23. (SDE: Testing/Continuous Assessment) Of the funds appropriated under Section III, Division of Policy, the 8 Department of Education is authorized to use funds currently allocated for testing in grades 1, 2 and 6, for a final year, 9 to pilot-test and field-test a continuous assessment system for Kindergarten through grade 3 and for piloting new items 10 for the state assessment system. Plans for the statewide implementation of a continuous assessment system in 11 Kindergarten through grade three and for the new items for the assessment system must be reported to the Senate 12 Education and House Education Committees no later than December 1, 1996. 13 Notwithstanding any other provision of law, for the 1996-97 school year the basic skills assessment tests may be 14 administered in grades 1 and 2; and only the Basic Skills science and writing tests will be administered in grade 6; all 15 other Basic Skills tests will continue to be administered in the established grades. 16 19.24. (SDE: Student Performance System) Of the funds appropriated for the Basic Skills Assessment Program, not 17 more than $250,000 may be used to expand the Twelve Schools Project to include a total of 36 sites and for regional 18 professional development training for other schools based on the Twelve Schools Project. The 36 sites will work with 19 the State Department of Education and the SC Curriculum Congress to develop multi-tiered assessments to be aligned 20 with curriculum frameworks as a basis for a revised student performance system. As part of the revised student 21 performance system, alternate criteria for determining the placement and promotion of students shall be developed and 22 implemented. Schools participating in this project shall be excused from participation in the state mandated testing 23 programs, except for the exit exam, and shall be considered in compliance with the programs provided for in SC Code 24 Sections 59-5-65, 59-18-10, 59-18-11, 59-18-15, 59-18-30, and 59-21-800 with no effect on deregulation status. 25 19.25. (SDE: Transportation/Demonstration Sites) The Department of Education may designate the Charleston, 26 Beaufort and/or Jasper County School Districts as demonstration sites for privatization of student transportation services 27 and for the coordination of community based public transportation services. Funding for these pilot sites shall not 28 exceed that presently utilized to support school transportation in the site(s). Appropriated funds for school bus 29 maintenance, gas, drivers and fringe benefits are to be used for this project. 30 19.26. (SDE: Travel/Outside of Continental U.S.) School District allocations from General Funds and EIA funds 31 shall not be used for travel outside of the continental United States. 32 19.27. (SDE: Year End Closeout) The State Department of Education is authorized to expend Federal and 33 Earmarked Funds (not including State or EIA Funds) in the current fiscal year for expenditures incurred in the prior 34 year. The Department is also authorized to use appropriated funds to pay for textbooks shipped in the fourth quarter of 35 the prior fiscal year. 36 19.28. (SDE: Transportation Collaboration) The Department of Education School Bus Maintenance Shops shall be 37 permitted, on a cost reimbursable-plus basis, to deliver transportation maintenance and services to vehicles owned or 38 operated by public agencies in South Carolina. 39 School Buses operated by school districts or head start agencies for the purpose of transporting students for school or 40 school related activities shall not be subject to State Motor Fuel taxes. Further, that school districts or head start 41 agencies may purchase this fuel, on a cost reimbursable-plus basis, from the Department of Education School Bus 42 Maintenance Shops.
H63 - SECTION 19 - DEPARTMENT OF EDUCATION PAGE 462 1 19.29. (SDE: Greenville Joint Use Transportation Facility Study) The Department of Education, in consultation 2 with the Budget and Control Board and the Department of Transportation is directed to proceed with a study to 3 determine the feasibility of operating a joint-use maintenance and operations facility in Greenville County. The study 4 should address, but not be limited to, the market value of the property known as the Greenville School Bus Maintenance 5 Shop, the cost of the new facility, the cost of preparing the old facility for disposal and all other associated relocation 6 expenses. Service needs of the Greenville School District Bus Operations, SDE School Bus Maintenance, the Division 7 of General Service/Motor Vehicle Management Office, and the Department of Transportation should also be addressed. 8 The findings of the study shall be provided to the Budget and Control Board - Division of Operations for review and 9 inclusion in their study of the most efficient means of providing school transportation services. 10 19.30. (SDE: Kindergarten - Extended Day) Funds appropriated for the extended day portion of the five-year-old 11 kindergarten program shall be allocated at the EFA weight for half-day kindergarten students. Funding to local districts 12 for the extended-day portion of the kindergarten program shall be the number of students eligible for the federal free 13 and reduced lunch program. Local match is required for the extended-day portion of the funding. Local board of 14 trustees shall establish policies regarding priority of service in the extended-day program. However, unobligated funds 15 which become available during the fiscal year will be redistributed to fund additional eligible children served in the 16 program on a prorated basis. 17 19.31. (SDE: Assisting, Developing, and Evaluating Professional Teaching--ADEPT) Funds appropriated in Part 18 IA, Section 19XIII.A-Aid to School Districts-Act 187, may be used for the implementation of the ADEPT or APT system. 19 Of the funds appropriated, $115,000 may be used to pay colleges and universities for APT services. The remaining 20 funds will be used to reimburse school districts for the cost of implementing the ADEPT program. 21 19.32. (SDE: National Board Certification Incentive) DELETED 22 19.33. (SDE: 95-96 EFA Reimbursement) Funds are appropriated in Part IA, Section 19XIII.A. (95-96 EFA 23 Reimbursement) for the actual Weighted Pupil count above that projected for FY 95-96. These funds shall be 24 distributed to school districts based on the actual FY 95-96 Weighted Pupil count. 25 19.34. (SDE: Alternative School Programs) The Department of Education shall proceed with a study of Alternative 26 School Programs currently in place in South Carolina and across the nation. The study should address, but is not 27 limited to, curriculum requirements, facility needs, staffing and per pupil costs of successful Alternative School 28 Programs. Findings and recommendations for both urban and rural school areas shall be provided to the General 29 Assembly by December 1, 1997. 30 19.35. (SDE: NTE Waiver) For individuals with work experience and content area degree, but who lack South 31 Carolina teaching credentials, local school boards are authorized to waive, for an individual for one year only, the 32 completion of the NTE (Praxis II) subject area exam and pre-service institute required under the State Board of 33 Education's Critical Need Teacher Certification Program. The teachers for whom this waiver is granted shall be 34 entitled to compensation under the school district's teacher salary schedule based on degree and years experience as a 35 teacher. No school board may grant this waiver to an individual more than one time. 36 19.36. (SDE: Defined Minimum Program Personnel Requirements) Provided, however, personal service positions 37 required by the Defined Minimum Program for South Carolina School Districts may only be filled by individuals 38 receiving a W-2 (or other form should the Internal Revenue Service change the individual reporting form to another 39 method) from the hiring public school district. Any public school district that hires a corporation, partnership, or any 40 entity other than an individual to fill a position required by the Defined Minimum Program will have its EFA and/or its 41 EIA allocation reduced by the amount paid to that corporation, partnership, or other entity. Compliance with this
H63 - SECTION 19 - DEPARTMENT OF EDUCATION PAGE 463 1 requirement will be made part of the single audit process of local public school districts as monitored by the State 2 Department of Education. 3 4 H63 -SECTION 19A - DEPARTMENT OF EDUCATION - EIA 5 6 19A.1. (SDE-EIA: Local Financial Support) There shall be no required local match for Education Improvement 7 Act funds appropriated in Part IA, Section 19X. This shall not impact or alter the requirements of §59-21-1030, level of 8 financial effort per pupil required of each school district; application for waiver. The inflationary increase required for 9 local financial effort as defined in Section 59-21-1030 for FY 1996-97 1997-98 is 3.5 3.2%. 10 19A.2. (SDE-EIA: Prohibition on Appropriation Transfers) The amounts appropriated herein for aid to 11 subdivisions or allocations to school districts shall not be transferred or reduced and must be expended in accordance 12 with the intent of the appropriation. 13 19A.3. (SDE-EIA: Revenue Shortfall) A minimum of one-half of one percent of the total estimated EIA revenue 14 must be appropriated for School Building Aid. In the event that an official EIA revenue shortfall is declared, the 15 appropriation for EIA School Building Aid shall be reduced by the amount necessary to offset the shortfall. Should EIA 16 School Building Aid not be sufficient, each remaining EIA program shall be reduced on a pro rata basis as necessary to 17 compensate for the total revenue shortfall. Funds appropriated for EIA teacher salaries and related fringe benefits in 18 Part IA, Section 19X.C.1. are exempt from such reduction. 19 19A.4. (SDE-EIA: XF-School Building Aid Allocation) All funds appropriated to the Department of Education 20 for the support and/or administration of an EIA program, initiative, or project eliminated or no longer active shall be 21 transferred to the school building fund for allocation to the local school districts. Funds appropriated in Part IA, 22 Section 19X.F. School Building Aid shall be transferred to a special trust fund established by the Comptroller General. 23 Funds appropriated shall be distributed to the school districts of the State for use in accordance with Section 59-21-350 24 of the Code of Laws of 1976. Funds shall be allocated to eligible school districts on a per pupil basis, with the amount 25 allocated per pupil for grades 1 through 12 and full day kindergarten being twice that of the half-day kindergarten per 26 pupil allocation. The allocation must be based on the 135 day count of average daily membership for the second 27 preceding fiscal year, except that full day kindergarten will be based on the prior fiscal year. 28 19A.5. (SDE-EIA: XA-Adult Education/Literacy) From the EIA funds provided in Part IA, Section 19X.A. for 29 adult education, $150,000 must be used to provide for ten pilot projects for rural literacy development. In addition, each 30 county shall receive $50,000 for use by the school districts for adult literacy for service delivery to adult-nonreaders and 31 those reading at or below the eighth grade level. The school districts may provide this service or may contract to have 32 this service provided. In multi-district counties, the districts must agree on the method of service delivery for the entire 33 county and select one district to serve as the fiscal agent. 34 19A.6. (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 37 shall develop guidelines for the distribution of these "singleton" funds. The remaining AP funds must be distributed to 38 the school districts of the state based upon the 135 day count of AP students served. AP funds may be used to defray 39 the testing costs of the International Baccalaureate Program which are incurred by school districts at the same per-test 40 reimbursement rate provided for Advanced Placement examinations. 41 19A.7. (SDE-EIA: XA-Distribution) The money appropriated in Part IA, Section 19X. Education Improvement 42 Program, A. Raise Academic Standards-Credits HS Diploma shall be distributed to the school districts of the state based
H63 - SECTION 19 - DEPARTMENT OF EDUCATION PAGE 464 1 upon the 135 day count of Average Daily Membership. 2 19A.8. (SDE-EIA: XA-Gifted & Talented) Notwithstanding the provisions for Section 59-29-170, ten percent 3 (10%) of the total state dollars appropriated annually for gifted and talented programs shall be set aside for serving 4 artistically gifted and talented students in grades 3-12. The State Department of Education shall allocate to districts a 5 proportionate share of the ten percent (10%) based on the preceding year's total average daily membership in grades 3- 6 12. School districts shall service students identified as artistically gifted and talented in one or more of the following 7 visual and performing arts areas: dance, drama, music and visual arts areas. Districts may utilize their proportionate 8 share of the ten percent (10%) for the purpose of contracting with other entities to provide services to students identified 9 as artistically gifted and talented if personnel or facilities are not available in the school district for that service. The 10 remaining ninety percent (90%) of the state dollars appropriated for gifted and talented programs shall be expended in 11 accordance with Section 59-29-170. Each district receiving funds for the gifted and talented program shall include an 12 accelerated component as a part of its academically gifted and talented program. EIA-Gifted and Talented funds may be 13 carried forward and expended for the same purpose in the current fiscal year. 14 19A.9. (SDE-EIA: XA-Gifted & Talented/CHE 8th Grade Advisement) Of the funds appropriated in Part IA, 15 Section 19X.A. Gifted and Talented, $402,250 shall be used by the Commission on Higher Education to be expended 16 on the eighth grade advisement program. The Commission on Higher Education must provide a report on the 17 effectiveness of the advisement program to the Select Committee by October 1. 18 19A.10. (SDE-EIA: XA-Gifted & Talented/Governor's School for Arts) Of the funds appropriated in Part IA, 19 Section 19X.A. for Gifted and Talented Program, $135,000 must be provided to the Governor's School for the Arts for 20 training teachers, administrators and supervisory personnel to work effectively in the identification, program 21 development and evaluation of artistically talented students and for the Outreach Program. The Governor's School for 22 the Arts shall report to the Select Committee on the effectiveness of the training and Outreach programs annually by 23 October 1. 24 19A.11. (SDE-EIA: XA-Gifted & Talented/Jr. Academy of Science) Of the funds appropriated in Part IA, Section 25 19X.A. Gifted & Talented, $5,000 must be provided to the Junior Academy of Science. The Department of Education 26 must provide a report on the effectiveness of the Academy to the EIA Select Committee by October 1. 27 19A.12. (SDE-EIA: XA-Handicapped Student Services) The money appropriated in Part IA, Section 19X.A. for 28 Handicapped Student Services shall be used only for educational services for trainable mentally handicapped pupils and 29 profoundly mentally handicapped pupils. 30 19A.13. (SDE-EIA: XA-Junior Scholars) The State Board of Education, through the Department of Education, 31 must provide a report on the effectiveness of the Junior Scholars programs as appropriated in Part IA, Section 19X.A. to 32 the EIA Select Committee by October 1. 33 19A.14. (SDE-EIA: XB-Academic Assistance/Carry Forward) Any unexpended balance from the prior fiscal year 34 in the EIA appropriations in Part IA, Section 19X.B. for Academic Assistance may be carried forward to the current 35 fiscal year by school districts to be expended to operate programs in accordance with their Academic Assistance long 36 range plans. 37 19A.15. (SDE-EIA: XB-Academic Assistance/Curriculum Development) Funds appropriated in Part IA, Section 38 19X.B. for Act 135 of 1993 Other Operating must be used by the Department of Education to provide schools and 39 school districts with technical assistance on curriculum development, including implementing the Curriculum H63 - SECTION 19A - DEPARTMENT OF EDUCATION-EIA PAGE 464 40 Frameworks, and instructional improvement in keeping with the intent of Act 135 of 1993 (59-139-05 and 59-139-10 of 41 the SC Code of Laws) as provided in regulations promulgated by the State Board of Education.
H63 - SECTION 19A - DEPARTMENT OF EDUCATION-EIA PAGE 465 1 19A.16. (SDE-EIA: XB-Academic Assistance/Early Child Development) A portion of the funds appropriated in 2 Part IA, Section 19X.B. for Academic Assistance 4-12 may be used to support components for the K-3 academic 3 assistance if such change promotes better coordination of state and federal funds provided for programs for these 4 students. Districts requesting this waiver from the State Board of Education must demonstrate how the use of these 5 funds is in keeping with their long range plan and how the needs of the students in grades 4-12 will be met. 6 19A.17. (SDE-EIA: XB-Academic Assistance/Formula Funding & Distribution) Notwithstanding any other 7 provision of law, the total funding in Part IA, Section 19X.B. for the 4-12 Academic Assistance component of Act 135 8 of 1993 shall be based on a derived free and reduced lunch eligibility count for grades 4-12 obtained by applying the 9 state percentage of K-3 students eligible for free and reduced lunch to the 4-12 average daily membership; and funding 10 for individual districts shall be based on two equally weighted factors; the district's derived lunch percentage for grades 11 4-12 and its four year average for the number of 4-12 students "not meeting" standard on the state's testing programs for 12 the years 1990-1993. 13 19A.18. (SDE-EIA: XB-Academic Assistance/Reading Recovery) Of the EIA funds appropriated herein for the 14 Academic Assistance Act 135, $600,000 $800,000 shall be used for the Reading Recovery programs throughout the 15 State. The State Department of Education shall report to the EIA Select Committee on the allocation and expenditure of 16 these funds by October 1. 17 19A.19. (SDE-EIA: XB-Academic Assistance/Remedial Adult Education) Of funds appropriated in Part IA, 18 Section 19X.B. for Academic Assistance an amount not to exceed $1,000,000 must be used for adult education students 19 scoring below the BSAP standard on any portion of the exit examination at a weight of .114 of the base student cost as 20 defined in the Education Finance Act. 21 19A.20. (SDE-EIA: XB - Half Day Program for Four-Year-Olds) Funds appropriated in Part IA, Section 19X.B. 22 for half-day programs for four-year-olds shall be based on the previous three years' average for students tested as "not 23 ready" on the CSAB, however, no district shall receive less than 90 percent of the amount it received in the prior fiscal 24 year. Districts previously funded through General Fund Day Care shall receive funding from Part IA, Section 19X.B. 25 for half-day programs for four-year-olds at no less than 90 percent of the amount received in the prior fiscal year. 26 19A.21. (SDE-EIA: XC-Black History) Funds provided for the development of the Black History curricula may be 27 carried forward into the current fiscal year to be expended for the same purpose. 28 19A.22. (SDE-EIA: XC-Critical Teacher Needs) Funds appropriated for EIA-Critical Teacher needs must be used 29 for courses which support instructional techniques and strategies in keeping with the intent of Act 135 of 1993, the 30 Middle Schools Project, the Preparation for Technologies Program, Curriculum Frameworks, or need established in the 31 school and district long range plans. These funds may be used for courses which support the education of students with 32 disabilities or special needs in the regular classroom. School districts may require and collect a deposit from teachers 33 enrolling in critical teaching needs courses. Upon completion of the course any deposit collected shall be returned to 34 the teacher having made the deposit. 35 19A.23. (SDE-EIA: XC-Critical Teaching Needs/Roper Mountain) Of the funds appropriated in Part IA, Section 19 36 X.C. for Critical Teaching Needs, $200,000 $250,000 shall be disbursed to the Roper Mountain Science Center for 37 summer workshops for public school science teachers. Funds disbursed to the Roper Mountain Science Center may be 38 carried forward. 39 19A.24. (SDE/EIA: XC-School Technology) Funds appropriated in Part IA, Section 19 X.C. for school technology 40 shall be distributed to each school district based on a ratio of district free and reduced lunches for first through third 41 grades to the state total free and reduced lunches for first through third grades.
H63 - SECTION 19A - DEPARTMENT OF EDUCATION-EIA PAGE 466 1 19A.25. (SDE-EIA: XC-Teacher Evaluations, XH-Implementation/EIA Select) The State Department of Education, 2 with the cooperation of the school districts and teacher education institutions, must, subject to the approval of the State 3 Board of Education, revise the system for assisting, developing, and evaluating student provisional, annual and 4 continuing contract teachers. The Department of Education is authorized to expend funds provided in Part IA, Section 5 19 X.C. for the Teacher Evaluation System toward the revision of the evaluation system. The Department of Education 6 shall provide a report on its progress in revising the system, to include recommendations to date and a state and local 7 fiscal impact statement, to the EIA Select Committee by September 30 of the current year. 8 19A.26. (SDE-EIA: XC-Teacher Salaries/SE Average) The projected Southeastern average teacher salary shall be 9 the average of the average teachers salaries of the southeastern states as projected by the Division of Budget and 10 Analyses. For the current school year the projected Southeastern average teacher salary is projected to be $32,668 11 $33,547. It is the intent of the General Assembly to fully fund or exceed the Southeastern average teacher salary as 12 projected. 13 Funds appropriated in Part IA, Section 19X.C. for Teacher Salaries must be used to increase salaries of those 14 teachers eligible pursuant to § 59-20-50 (b), to include classroom teachers, librarians, guidance counselors, 15 psychologists, social workers, occupational and physical therapists, school nurses, orientation/mobility instructors and 16 audiologists in the school districts of the state. 17 19A.27. (SDE-EIA: XC-Teacher Salaries/State Agencies) Each state agency which does not contain a school 18 district but has instructional personnel shall receive an allocation from the line item " Alloc. EIA - TEACHER/OTHER 19 PAY" in Part IA, Section 19X.K. for teachers salaries based on the following formula: Each state agency shall receive 20 such funds as are necessary to adjust the pay of all instructional personnel to the appropriate salary provided by the 21 salary schedules of the school district in which the agency is located. Instructional personnel may include all positions 22 which would be eligible for EIA supplements in a public school district, and may at the discretion of the state agency, 23 be defined to cover curriculum development specialists, educational testing psychologists, psychological and guidance 24 counselors, and principals. 25 The funds appropriated herein in the line item " Alloc. EIA - Teacher/Other Pay" must be distributed to the agencies 26 by the Budget and Control Board. 27 19A.28. (SDE-EIA: XC-Tech Prep) Of the funds appropriated in Part IA, Section 19X.C. for the Tech Prep 28 Program, $75,000 shall be used by the State Department of Education, through the Tech Prep Consortia, to provide for 29 professional development in applied techniques and integration of curriculum, and professional development in career 30 guidance for teachers and guidance counselors and training mentors. In addition, $500,000 shall be allocated for Career 31 Counseling Specialists in the Tech Prep Consortia. Of the funds appropriated in the prior fiscal year, unexpended funds 32 may be carried forward to the current fiscal year and expended for the same purposes. 33 19A.29. (SDE-EIA: XD-Principal Salary Supplements) Funds appropriated in Part IA, Section 19X.D. for salary 34 supplements for principals and accompanying employer contributions must be distributed to school districts based on 35 average daily membership (ADM). Each school district shall distribute the funds as salary supplements in addition to 36 existing compensation equally among principals and assistant principals employed by the district. 37 19A.30. (SDE-EIA: XE-School Incentive Grants) Funds appropriated for EIA School Incentive Grants in the 38 previous fiscal year may be carried forward and expended during the current fiscal year by the school districts that 39 earned School Incentive Awards during the prior fiscal year. 40 19A.31. (SDE-EIA: XF-School Building Aid) Funds appropriated in Part IA, Section 19X.F. School Building Aid 41 shall be transferred to a special trust fund established by the Comptroller General. Funds appropriated shall be 42 distributed to the school districts of the State for use in accordance with Section 59-21-350 of the Code of Laws of
H63 - SECTION 19A - DEPARTMENT OF EDUCATION-EIA PAGE 467 1 1976. 2 19A.32. (SDE-EIA: XF-School Building Aid Allocation) Funds appropriated in Part IA, Section 19X.F. for School 3 Building Aid shall be allocated to eligible school districts on a per pupil basis, with the amount allocated per pupil for 4 grades 1 through 12 being twice that of the kindergarten per pupil allocation. The allocation must be based on the 135 5 day count of average daily membership for the second preceding fiscal year. 6 19A.33. (SDE-EIA: XG-Impaired School Districts) Funds appropriated in Part IA, Section 19X.G. for Impaired 7 School Districts, shall be used to provide grants to assist school districts in correcting education deficiencies as 8 identified through the application of criteria adopted by the State Board of Education for evaluating the quality of 9 education in school districts. First priority for this funding shall be an allocation of funds to those school districts whose 10 education deficiencies led to the designation of "In Greatest Need of Technical Assistance". Provided that the needs of 11 such designated school districts have been met, any remaining or unallocated current year funds may be used to assist 12 other school districts whose education deficiencies led to the lesser designation of "In Need of Technical Assistance". 13 In all cases, no portion of the allocated funds may be used by the school district for administration purposes. Funds 14 appropriated for Impaired School Districts/In Need of Technical Assistance and allocated to the school districts in the 15 prior fiscal year may be retained and expended by the school districts for the same purpose during the current year. 16 19A.34. (SDE-EIA: XH-Evaluation/EIA Programs) Of the funds appropriated in Part IA, Section 19X.H. for EIA 17 Implementation, Other Operating Expenses, $349,124 may only be used by the State Department of Education to 18 support its contracted program evaluations and the conduct of the State Board of Education's annual assessment of EIA- 19 funded education reforms and the related report, pursuant to Section 59-6-12. The remaining $250,000 appropriated in 20 Part IA, Section 19X.H. for EIA Implementation, Other Operating Expenses shall be used to support the continuation of 21 program and policy evaluations and studies and to support the state's participation in the Middle Grades Project, 22 Professional Development Schools for prospective teachers. 23 19A.35. (SDE-EIA: XK-CHE/Teacher Recruitment) Of the funds appropriated in Part IA, Section 19X.K. for the 24 Teacher Recruitment Program, the S. C. Commission on Higher Education shall distribute a total of $967,686 25 $1,065,408 to the S.C. Center for Teacher Recruitment for a state teacher recruitment program, of which $200,000 must 26 be used for specific programs to recruit minority teachers, and shall distribute $206,000 to Benedict College and 27 $236,000 $261,000 to S.C. State University to be used only for the operation of a minority teacher recruitment program 28 and therefore shall not be used for the operation of their established general education programs. The S.C. Commission 29 on Higher Education shall ensure that all funds are used to promote teacher recruitment on a statewide basis, shall 30 ensure the continued coordination of efforts among the three teacher recruitment projects, shall review the use of funds 31 and shall have prior program and budget approval. The S. C. State University program, in consultation with the 32 Commission on Higher Education, shall extend beyond the geographic area it currently serves. Annually, the 33 Commission on Higher Education shall evaluate the effectiveness of each of the teacher recruitment projects and shall 34 report its findings and its program and budget recommendations to the House and Senate Education Committees and the 35 Education Improvement Act Select Committee by December 1. 36 19A.36. (SDE-EIA: XK-DAODAS/DARE) Of the funds appropriated in Part IA, Section 19X.K. Other State 37 Agencies and Entities for the Department of Alcohol and Other Drug Abuse Services, $150,000 must be transferred to 38 the State Law Enforcement Division for the operation of Drug Abuse Resistance Education (DARE) program and for 39 the training of DARE officers in the fifth grade classes of public schools in the state, and $25,000 shall be used by the 40 Department of Alcohol and Other Drug Abuse Services to provide matching funds for local governments and school 41 districts for the DARE program. A report on the effectiveness of the DARE program must be provided by the 42 Department of Alcohol and Other Drug Abuse Services to the EIA Select Committee by October 1.
H63 - SECTION 19A - DEPARTMENT OF EDUCATION-EIA PAGE 468 1 19A.37. (SDE-EIA: XK-Disbursements/Other Entities) Notwithstanding the provisions of Sections 2-7-66 and 11- 2 3-50, S.C. Code of Laws, it is the intent of the General Assembly that funds appropriated in Part IA, Section 19X.K. 3 Other State Agencies and Entities shall be disbursed on a quarterly basis by the Department of Revenue and Taxation 4 directly to the state agencies and entities referenced except for the Teacher Loan Program, Centers of Excellence, the 5 EIA Select Committee and School Technology, which shall receive their full appropriation at the start of the fiscal year 6 from available revenue. The Comptroller General's Office is authorized to make necessary appropriation reductions in 7 Part IA, Section 19X.K. to prevent duplicate appropriations. If the Education Improvement Act appropriations in the 8 agency and entity respective sections of the General Appropriations Act at the start of the fiscal year do not agree with 9 the appropriations in Part IA, Section 19X.K. Other State Agencies and Entities, the "other funds" appropriations in the 10 respective agency and entity sections of the General Appropriations Act will be adjusted by the Comptroller General's 11 Office to conform to the appropriations in Part IA, Section 19X.K. Other State Agencies and Entities. 12 19A.38. (SDE-EIA: XK-Status Offenders/John De La Howe) The funds appropriated in Part IA, Section 19X.K. 13 for the Status Offender Program shall be distributed to John De La Howe School to expand residential programs to 14 include court ordered status offenders. Components of such a program shall include collaboration between the home 15 school district and the residential school and treatment or related services to the families of students in placement. 16 19A.39. (SDE-EIA: XK-Student Loan Pgm/Teaching Loans & Governor Scholarships) Of the EIA funds provided 17 in Part IA, Section 19X.K. for the Student Loan Program sufficient funding shall be made available under the 18 Governor's Teaching Scholarship Program for renewal loans only. Students receiving these scholarships are eligible for 19 the accelerated payback method provided for in Section 59-26-20(k). Any funds in the Governor's Teaching 20 Scholarship program which are not committed as of July 1 of the current fiscal year may be used to fund student loans 21 provided for in Section 59-26-20(k). 22 19A.40. (SDE-EIA: XL-Arts in Education) Funds appropriated in Part IA, Section 19X.L. Arts Curricula shall be 23 used to assist districts that have not received funding for arts education during the four year pilot program; to sustain 24 arts education initiatives that began during the final year of the pilot program; and to support arts education curriculum 25 in the visual and performing arts which incorporates strengths from the Arts in Education pilot sites. 26 19A.41. (SDE-EIA: XL-Continuous Improvement/Innovation) Funds appropriated in Part IA, Section 19X.L. for 27 Continuous Improvement/ Innovation and allocated to the school districts for innovative initiatives in the prior fiscal 28 year may be retained and expended by the school districts for the same purpose during the current fiscal year. 29 19A.42. (SDE-EIA: XN-Parent Education) Funds appropriated in Part IA, Section 19X.N. shall be used to fund 30 those sites continuing to operate as Parent Education technical assistance sites in FY 1996-97 at a level not less than 31 eighty-five percent of the amount received in the prior year or according to the Parenting/Family Literacy funding 32 allocations as established in Act 135, which ever is greater. 33 19A.43. (SDE-EIA: XN-Parenting/Family Literacy) Funds appropriated in Part IA, Section 19X.N. for the 34 Parenting/Family Literacy Programs and allocated to the school districts for parenting projects in the prior fiscal year 35 may be retained and expended by the school districts for the same purpose during the current fiscal year. 36 19A.44. (SDE-EIA: XN-Parenting/Family Literacy/Child Abuse Awareness & Accelerated Schools) Of the funds 37 appropriated in Part IA, Section 19X.N. for the Parenting/Family Literacy, $200,000 must be used for the Child Abuse 38 Awareness and Prevention Project at Winthrop University and $125,000 must be used for the Accelerated Schools 39 Project at the College of Charleston. 40 19A.45. (SDE-EIA: XN-Parenting/Family Literacy/Cities-In-Schools) Notwithstanding any other provision of law, 41 the State Department of Education shall transfer $200,000 from the funds appropriated in Part IA, Section 19X.N. 42 Parenting/Family Literacy to Cities-In-Schools. These funds are to be utilized to provide technical assistance to local
H63 - SECTION 19A - DEPARTMENT OF EDUCATION-EIA PAGE 469 1 communities in establishing Cities-In-Schools programs statewide. Cities-In-Schools will provide annual reports to the 2 State Department of Education which will include: budget expenditure data, a listing of the communities served and the 3 services provided. 4 19A.46. (SDE-EIA: XO-Problem Solving Skills) It is not the intent of the General Assembly that the instruction in 5 higher order thinking skills promote New Age religion or any other religion, faith, or belief. 6 19A.47. (SDE-EIA: XR-Local School Innovation Fund) The funds provided for the Local School Innovation Fund 7 shall be distributed to the school districts on a fifty percent average daily membership and fifty percent EFA basis and 8 shall be expended by the individual school in accordance with the school's long-range school improvement plan 9 pursuant to Act 135 of 1993. Funds shall be accounted for in accordance with the EIA program or strategy. 10 19A.48. (SDE-EIA: X-Autistic Children Pilot Project) Of the EIA funds appropriated to the Department of 11 Education, $25,000 shall be provided to the Pickens County School District for a pilot project to teach the Lovaas 12 method to autistic children in the Pickens County School District during the 1996/1997 school year. The purpose of this 13 pilot is to help mainstream these children back into the classroom and to reduce or eliminate future long term care costs. 14 These funds are located in Part IA, Section 19, Program X.A. Alloc EIA-Hndcap Std Srvc. 15 19A.49. (SDE-EIA: School Building Aid Funds Expenditure) Funds appropriated in Part IA, Section 19F. of this 16 Act or in a previous Appropriation Act for school building aid may be expended by the school district without 17 application to the State Department of Education or approval from the State Board of Education. The Department of 18 Education shall require that school districts include in their annual audit a verification of compliance with all applicable 19 State laws associated with the use of these funds. 20 19A.50. (SDE-EIA: XD-Administrator Evaluation) Notwithstanding any other provision of the law, funds 21 appropriated in Part IA, Section 19X.D. for evaluations shall conform to the following: evaluation of school 22 superintendents shall be the responsibility of the governing board of the local school districts; evaluation of all other 23 school administrators shall be the responsibility of the superintendent or his/her designee and under the guidance of the 24 local school board; evaluation of school administrators, in part, shall be related to their individual professional 25 development plan and the successful implementation of either the district strategic plan or school renewal plan. 26 19A.51. (SDE-EIA: XB-Academic Assistance/Full Day Kindergarten) For FY 97-98, school districts may use funds 27 appropriated for Academic Assistance for the implementation and operation of Full Day Kindergarten. 28 19A.52. (SDE-EIA: XA-Superior Academic Achievement Diploma Program) Notwithstanding the provisions of 29 Section 59-21-450 of the 1976 Code, any unexpended funds or operating surplus in the EIA fund in any fiscal year must 30 first be allocated to fully fund the Superior Academic Achievement Diploma Program. 31 19A.53. (SDE-EIA: XA-Raise Academic Standards/Archives & History Transfer) Of the funds appropriated in Part 32 IA, Section 19 X.A. for Credits High School Diploma, $25,000 must be transferred to the Department of Archives and 33 History to contract for the services of knowledgeable teachers and historians to research and produce lesson plans, 34 print and distribute one free copy of the lesson plans to all South Carolina History and American History teachers, and 35 to purchase supplies and materials. 36 19A.54. (SDE-EIA: XC-Teacher Loan Program/Critical Needs) The South Carolina Teacher Loan Program must 37 give first priority to students who major in the critical needs subject areas who have at least the state average on the 38 SAT and are in the top 40% of their class. 39 19A.55. (SDE-EIA: XC-National Board Certification Incentive) The funds appropriated in 19XC for National 40 Board Certification Incentive shall be used for reimbursement of the certification fee and a one time bonus to those 41 teachers who successfully complete the certification process. Teachers who have become certified by the National 42 Board for Professional Teaching Standards prior to June 30, 1998, and under contract to teach in South Carolina
H63 - SECTION 19A - DEPARTMENT OF EDUCATION-EIA PAGE 470 1 through 1998-99, are eligible to receive the one-time bonus. 2 19A.56. (SDE-EIA: X-Defined Minimum Program Personnel Requirements) Provided, however, personal service 3 positions required by the Defined Minimum Program for South Carolina School Districts may only be filled by 4 individuals receiving a W-2 (or other form should the Internal Revenue Service change the individual reporting form to 5 another method) from the hiring public school district. Any public school district that hires a corporation, partnership, 6 or any entity other than an individual to fill a position required by the Defined Minimum Program will have its EFA 7 and/or its EIA allocation reduced by the amount paid to that corporation, partnership, or other entity. Compliance with 8 this requirement will be made part of the single audit process of local public school districts as monitored by the State 9 Department of Education. 10 11 H67 - SECTION 20 - EDUCATIONAL TELEVISION COMMISSION 12 13 20.1. (ETV: Grants/Contributions Carry Forward) The Educational Television Commission shall be permitted to 14 carry forward any funds derived from grant awards or designated contributions and any state funds necessary to match 15 such funds, provided that these funds be expended for the programs which they were originally designated. 16 20.2. (ETV: School Reception Equipment Purchase) Of the funds appropriated to ETV for transmission and 17 reception equipment, $182,933 must be used exclusively to purchase school reception equipment. 18 20.3. (ETV: New Facility Equipment Purchases & Renovations) Notwithstanding any other provisions of law, the 19 Commission, with approval by the Budget and Control Board, is allowed to sell or lease its facilities, equipment, 20 programs, publications, and other program related materials, and funds received therefrom may be used for equipment 21 purchases and renovations of the new facility. 22 20.4. (ETV: Adjacent Property Construction/Renovation) The funds authorized for the Educational Television 23 Commission in sub-subitem (b) of subitem (15), Section 1, of Act 638 of 1988, may also be used for the construction 24 and renovation of properties adjacent to the state owned State-Record property. These funds must not be spent on 25 facilities located on the adjacent properties until they are owned by the Education Television Endowment of South 26 Carolina and until the State has an option to acquire these properties from the Endowment for $1.00. 27 20.5. (ETV: Digital Satellite) The state's digital satellite video transmission system will support public and higher 28 education, enhance the statewide delivery of health care services, improve public service, and assist state agencies with 29 statewide personnel training. To facilitate the achievement of these objectives, there is created a Video Resources 30 Oversight Council composed of representatives of the South Carolina Educational Television Commission, the State 31 Department of Education, the Commission on Higher Education, the Human Services Coordinating Council, and the 32 Budget and Control Board's Division of Budget and Analyses, Office of Information Technology Policy and 33 Management. 34 35 H71 - SECTION 21 - WIL LOU GRAY OPPORTUNITY SCHOOL 36 37 21.1. (WLG: Truants) The Opportunity School will incorporate into its program services for students, ages 15 and 38 over, who are deemed truant; and will cooperate with the Department of Juvenile Justice, the Family Courts, and School 39 districts to encourage the removal of truant students to the Opportunity School when such students can be served 40 appropriately by the Opportunity School's program. 41 21.2. (WLG: Opportunity School Holiday) The Opportunity School may reschedule holidays observed by other 42 State employees during the academic year and require its employees to take the holiday periods designated in the school
H63 - SECTION 19A - DEPARTMENT OF EDUCATION-EIA PAGE 471 1 calendar. All days taken during these holiday periods not covered by a legal holiday must be charged to leave with or 2 without pay. The use of leave during such holiday periods will not be included in calculation of daily rate 3 compensation. 4 21.3. (WLG: GED Test) Students attending school at the Wil Lou Gray Opportunity School that are 16 years of 5 age and are unable to remain enrolled due to the necessity of immediate employment or enrollment in post secondary 6 education may be eligible to take the General Education Development (GED) Test. Prior to taking the GED the student 7 must be pretested using the official General Education Development Practice Test and score a minimum of 220. 8 21.4. (WLG: Deferred Salaries Carry Forward) Wil Lou Gray is authorized to carry forward into the current fiscal 9 year the amount of the deferred salaries and employer contributions earned in the prior fiscal year for non-twelve month 10 employees. These deferred funds are not to be included or part of any other authorized carry forward amount. 11 21.5. (WLG: Improved Forestry Practices) The Trustees of the Wil Lou Gray Opportunity School may carry out 12 improved forestry practices on the timber holdings of the school property and apply the revenues derived from them and 13 any other revenue source on the property for the further improvement and development of the school forest and other 14 school purposes. 15 16 H73 - SECTION 22 -VOCATIONAL REHABILITATION 17 18 22.1. (VR: Production Contracts Revenue) All revenues derived from production contracts earned by the 19 handicapped trainees of the Evaluation and Training Facilities (Workshops) may be retained by the State Agency of 20 Vocational Rehabilitation and used in the facilities for Client Wages and any other production costs; and further, any 21 excess funds derived from these production contracts be used for other operating expenses and/or permanent 22 improvements of these facilities. 23 22.2. (VR: Reallotment Funds) To maximize utilization of federal funding and prevent the loss of such funding to 24 other states in the Basic Service Program, the State Agency of Vocational Rehabilitation be allowed to budget 25 reallotment and other funds received in excess of original projections in following State fiscal years. 26 22.3. (VR: Basic Support Program Reconciliation) The General Assembly hereby directs the Department of 27 Vocational Rehabilitation to complete a reconciliation of the cost to operate the Basic Support program related to the 28 combination of State and Federal funds available following the close of each Federal fiscal year. Such reconciliation 29 shall begin with the Federal fiscal year ending September 30, 1989. Federal funds participation for that period shall be 30 applied at the maximum allowable percentage and the level of those funds on hand which have resulted from the over 31 participation of State funds shall be remitted to the General Fund within 120 days following the close of the Federal 32 fiscal year. This reconciliation and subsequent remission to the General Fund shall be reviewed by the State Auditor to 33 ensure that appropriate Federal/State percentages are applied. It is the intent of the General Assembly that Federal/State 34 percentages budgeted and appropriated shall in no way be construed as authorization for the Department to retain the 35 Federal funds involved. 36 22.4. (VR: User/Service Fees) Any revenues generated from user fees or service fees charged to the general public 37 or other parties ineligible for the Department's services may be retained to offset costs associated with the related 38 activities so as to not affect the level of service for regular agency clients. 39 22.5. (VR: Meal Ticket Revenue) All revenues generated from sale of meal tickets may be retained by the agency 40 and expended for supplies to operate the agency's food service programs or cafeteria. 41 22.6. (VR: Technology Assistance for Disabled) The Department shall convene a committee of interested parties 42 and agencies to develop a plan and recommendations for the establishment of a program for assistive technology
H71 - SECTION 21 - WIL LOU GRAY OPPORTUNITY SCHOOL PAGE 472 1 assistance for members of the public with disabilities. The report shall be submitted to the General Assembly and the 2 Governor by December 1997. 3 4 H75 -SECTION 23 - SCHOOL FOR THE DEAF AND THE BLIND 5 6 23.1. (SDB: Physician Services) The School for the Deaf and the Blind is authorized to contract for the services of 7 a physician and to provide office space for the physician to be used to treat both students of the school and private 8 patients; the School shall charge the physician a fair market rental value for the office space. 9 23.2. (SDB: Student Activity Fee) The School for the Deaf and the Blind is authorized to charge to the parents of 10 students at the school a student activity fee, differentiated according to the income of the family. The required student 11 activity fee shall not exceed $40.00. Such revenue may be retained and carried forward into the current fiscal year and 12 expended for the purpose of covering expenses for student activities. 13 23.3. (SDB: Weighted Student Cost) The School for the Deaf and the Blind shall receive through the Education 14 Finance Act the average State share of the required weighted student cost for each student newly admitted into the 15 multi-handicapped school with the recommendation of the local school district. The estimated State share shall come 16 directly from the State Board of Education at the beginning of the fiscal year to be adjusted at the end of the fiscal year. 17 This shall include any students admitted into the Reeducation program for emotionally handicapped students. 18 23.4. (SDB: Admissions) Deaf, blind, multi-handicapped and other handicapped students identified by the Board 19 of Commissioners as target groups for admission to the South Carolina School for the Deaf and the Blind may be 20 admitted by the School either through direct application by parents or on referral from the local school district. The 21 Board of Commissioners shall define the appropriate admissions criteria including mental capacity, degree of disability, 22 functioning level, age, and other factors deemed necessary by the Board. All placement hearings for admission to the 23 South Carolina School for the Deaf and the Blind shall be organized by the School. The South Carolina School for the 24 Deaf and the Blind shall obtain information from the local school district concerning the needs of the student and shall 25 prepare an Individualized Education Plan for each student admitted. All parents applying for admission of their children 26 must sign a statement certifying that they feel the South Carolina School for the Deaf and the Blind is the most 27 appropriate placement which constitutes the least restrictive environment for the individual student, based upon needs 28 identified in the placement meeting and the Individualized Education Plan. The decision concerning placement and 29 least restrictive environment shall be reviewed annually at the IEP Conference. 30 23.5. (SDB: Adult Vocational Program Fees) The School for the Deaf and the Blind is authorized to charge 31 appropriate tuition, room and board, and other fees to students accepted into the Adult Vocational Program after July 1, 32 1986. Such fees will be determined by the School Board of Commissioners, and such revenue shall be retained and 33 carried forward into the current fiscal year and expended by the School for the purpose of covering expenses in the 34 Adult Vocational Program. 35 23.6. (SDB: Mobility Instructor Service Fee) The School for the Deaf and the Blind is authorized to charge a fee 36 for the services of a mobility instructor to provide service on a contractual basis to various school districts in the state, 37 and such revenue shall be retained and carried forward into the current fiscal year and expended by the School for the 38 purpose of covering expenses in the Blind School. 39 23.7. (SDB: Cafeteria Revenues) All revenues generated from cafeteria operations may be retained and expended 40 by the institution for the purpose of covering actual expenses in cafeteria operations. 41 23.8. (SDB: School Buses) The school buses of the South Carolina School for the Deaf and the Blind are 42 authorized to travel at speeds up to 55 miles per hour, not to exceed posted limit. No funds appropriated herein for
H73 - SECTION 22 - VOCATIONAL REHABILITATION PAGE 473 1 equipment shall be used for the purchase of governors for school buses of the South Carolina School for the Deaf and 2 the Blind. 3 23.9. (SDB: USDA Federal Grants) All revenues generated from U.S.D.A. federal grants may be retained and 4 expended by the SCSDB in accordance with Federal regulations for the purpose of covering actual expenses in the 5 cafeteria/food service operations of the school. 6 23.10. (SDB: By-Products Revenue Carry Forward) The School for the Deaf and the Blind is authorized to sell 7 goods that are by-products of the school's programs and operations, charge user fees and fees for services to the general 8 public: individuals, organizations, agencies and school districts, and such revenue may be retained and carried forward 9 into the current fiscal year and expended for the purpose of covering expenses of the school's programs and operations. 10 23.11. (SDB: Pee Dee Resource Center for the Deaf and the Blind) From the funds provided herein, the School for 11 the Deaf and the Blind shall provide $100,000 for the establishment of a Pee Dee Resource Center for the Deaf and the 12 Blind in Conway, S.C. 13 14 H79 - SECTION 24 - DEPARTMENT OF ARCHIVES AND HISTORY 15 16 24.1. (AH: Publication Distribution) The Commission is authorized to supply one free copy of each new 17 publication to the libraries of all institutions of higher learning in the State, and to each member of the Commission and 18 its Directors; to the State Library; to each Public Library which is approved for a cash allotment by the South Carolina 19 State Library. 20 24.2. (AH: Use of Proceeds) The proceeds of training sessions, sales of publications, reproductions of documents, 21 repair of documents, research fees, handling charges, and the proceeds of sales of National Register of Historic Places 22 certificates and plaques by the Archives Department shall be deposited in a special account in the State Treasury, and 23 may be used by this department to cover the cost of additional training sessions, publication, reproduction expenses, 24 repair expenses, and National Register of Historic Places certificates and plaques, and selected Historic Preservation 25 Grants. 26 24.3. (AH: Nat'l. Historic Preservation Program) The funds earned from the United States Department of Interior 27 by the South Carolina Department of Archives and History for administering the National Historic Preservation 28 Program in this State, with the exception of the appropriate amount of indirect cost reimbursement to the General Fund, 29 must be deposited in a special account in the State Treasury, to be used by this department for a Historic Preservation 30 Grants program that will assist historic properties throughout South Carolina. From this fund, the Department may 31 contribute a sum, not to exceed $175,000 annually, to the South Carolina Archives and History Foundation to assist in 32 activities designed to support and enhance capital fund raising efforts. The Foundation will provide accounting for 33 these funds at the end of each fiscal year. Any funds donated to the Department by the Foundation will be deposited in 34 the Historic Preservation Grants Program account for use in funding other state historic preservation projects. 35 24.4. (AH: Disposal of Materials) Upon prior approval of the Commission, the agency may remove certain record 36 and non-record materials from its collections by gift to another public or nonprofit institution or by sale at public 37 auction. This is a supplemental form of disposition beyond that recognized in the Public Records Act for the retention, 38 copying, and destruction of public records; and it pertains only to those accessioned Archives materials having a market 39 value and which duplicate existing archival material, fall outside the scope of the Archives collection policy, or have no 40 further possible research value. All funds realized through sale by public auction shall be placed in a special account to 41 be used for improved access to and preservation of the state archives collections. The Commission shall report annually 42 to the Budget and Control Board regarding such dispositions.
H75 - SECTION 23 - SCHOOL FOR THE DEAF AND THE BLIND PAGE 474 1 24.5. (AH: Technical Assistance and Review Fees) The Department of Archives and History is authorized to 2 charge a fee of $35 for providing technical assistance in repairing and rehabilitating historically significant properties. 3 The agency may also charge fees based on the following fee schedule for investment tax credit reviews for historically 4 significant properties under the Federal Investment Tax Credit Program or other programs requiring review of 5 compliance with federal guidelines. 6 A fee of $250 is authorized for review of proposed or ongoing rehabilitation work for all projects. Fees for review of 7 completed rehabilitation work is based on the dollar amount spent on the rehabilitation as follows: 8 9 FEE SIZE OF REHABILITATION 10 11 $ 500 $ 5,000 to $ 99,999 12 $ 800 $ 100,000 to $499,999 13 $1,500 $ 500,000 to $999,999 14 $2,500 $1,000,000 or more 15 If a review of proposed or on-going rehabilitation work has been made prior to submission of the Request for 16 Certification of Completed Work, the Department will deduct the $250 from the total owed for review of completed 17 rehabilitation work. In general, each rehabilitation of a certified historic structure will be considered a separate project 18 when computing the amount of the fee. 19 Revenues from these fees will be retained, carried forward and used by this department for Historic Preservation 20 programs assisting historic properties throughout South Carolina. 21 Revenues received from application fees for reviewing and certifying the rehabilitation work on historic properties 22 under the review compliance program will be retained by the agency. 23 24.6. (AH: Funding to Maintain Archival Materials) Funds remaining from the $300,000 appropriated in FY 24 1993-94 will be deposited in a special account and carried forward to the next fiscal year. These funds will not be 25 considered as part of the 10% carry forward in General Fund appropriations. Funds will be expended for supplies, 26 procedures, and equipment designed to preserve the Archives collection. The Ways and Means and Senate Finance 27 Committees shall be furnished a report annually detailing such expenditures. 28 24.7. (AH: History Center Funding) Funds appropriated for the Department of Archives and History, History 29 Center must be used by the State Budget and Control Board and the South Carolina Department of Archives and History 30 who are directed to proceed expeditiously with the design and construction of a replacement facility for the Department 31 of Archives and History's current facility on Senate Street in Columbia. This shall include, but not be limited to, 32 awarding a contract to begin construction. To finance the project, state funding appropriated in this act or any other 33 appropriation act shall be expended in the order authorized funding becomes available for the History Center. 34 Additional funding is to be provided from other sources as may be determined by the General Assembly. If interim 35 financing is necessary, the State Treasurer may provide interim financing. Of the funds appropriated in this act and/or 36 any other funds appropriated in any other appropriation act for construction of the South Carolina History Center, 37 $2,000,000 shall support the National Endowment for the Humanities Challenge Grant (CH-20306), be used to match 38 Endowment funds and be expended for the approved purposes of this grant, specifically construction of the South 39 Carolina History Center. 40 24.8. (AH: Historical Burial Ground) Of the funds appropriated in Part IA, Section 24, $100,000 may be expended 41 in FY 96-97 for historical burial ground preservation.
H79 - SECTION 24 - DEPARTMENT OF ARCHIVES AND HISTORY PAGE 475 1 H83 - SECTION 25 - CONFEDERATE RELIC ROOM AND MUSEUM 2 3 25.1. (CRR: Artifacts Disposition) No artifacts owned by the State in the collection and exhibits of the 4 Confederate Relic Room shall be permanently removed or disposed of except by a Concurrent Resolution of the General 5 Assembly. 6 25.2. (CRR: Confederate Relic Room Location) Notwithstanding Act 313 of 1919 and Section 59-117-60, Code of 7 Laws of 1976, the War Memorial Building erected at the corner of Sumter and Pendleton Streets in the City of 8 Columbia shall continue to be used by the Confederate Relic Room and further utilization of the building shall be 9 arranged between the University of South Carolina and the Director of the Confederate Relic Room the custody and 10 control of the building shall be forthwith transferred to the South Carolina Budget and Control Board. 11 25.3. (CRR: Research/Copy Fee) The Confederate Relic Room is authorized to collect, retain and expend fees 12 from research and photographic processing requests and from the sale of promotional items. 13 25.4. (CRR: Appointment of Director) The Director of the Confederate Relic Room shall be appointed by the 14 Executive Director of the South Carolina Budget and Control Board and shall serve at his pleasure. 15 25.5. (CRR: Donations) The Confederate Relic Room is authorized to receive donations of funds and artifacts and 16 to expend these donations for the restoration, preservation and display of the collection to supplement state monies 17 appropriated for such purposes. 18 25.6. (CRR: Confederate Museum Relocation) It is the intent of the General Assembly that, as soon as space 19 becomes available, the Confederate Museum shall relocate to the Columbia Mills Building where it will be retained as 20 a separate and distinct facility, under the State Budget and Control Board. 21 22 H87 - SECTION 26 - STATE LIBRARY 23 24 26.1. (LIB: Aid to Counties Libraries Allotment) The amount appropriated in this section for "Aid to County 25 Libraries" shall be allotted to each county on a per capita basis according to the official United States Census for 1990, 26 as aid to the County Library. No county shall be allocated less than $15,000 under this provision. To receive this aid, 27 local library support shall not be less than the amount actually expended for library operations from local sources in the 28 second preceding year. 29 26.2. (LIB: Exempt Across-the-Board Reduction) In the calculation of any across-the-board cut mandated by the 30 Budget and Control Board or General Assembly, the amount which the State Library pays to South Carolina Heritage 31 Associates for rent in the Mt. Vernon Mill shall be excluded from the State Library's base budget. 32 26.3. (LIB: Information Service Fees) The State Library may charge a fee for costs associated with information 33 delivery and retain such funds to offset the costs of maintaining, promoting and improving information delivery 34 services. 35 26.4. (LIB: Continuing Education Fees) The State Library may charge a fee for costs associated with continuing 36 education and retain such funds to offset the costs of providing continuing education opportunities. 37 26.5. (LIB: (Aid To County Libraries Restrictions) DELETED 38 39 H91 - SECTION 27 - ARTS COMMISSION 40 41 27.1. (ARTS: Professional Artists Contract) Where practicable, all professional artists employed by the Arts 42 Commission in the fields of music, theater, dance, literature, musical arts, craft, media arts and environmental arts shall
H83 - SECTION 25 - CONFEDERATE RELIC ROOM AND MUSEUM PAGE 476 1 be hired on a contractual basis as independent contractors. Where such a contractual arrangement is not feasible 2 employees in these fields may be unclassified, however, the approval of their salaries shall be in accord with the 3 provisions of Section 72.19 of this Act. 4 27.2. (ARTS: Special Revolving Account) Any income derived from Arts Commission sponsored arts events or 5 by gift, contributions, or bequest now in possession of the Arts Commission including any federal or other funds 6 balance remaining at the end of the prior fiscal year, shall be retained by the Commission and placed in a special 7 revolving account for the Commission to use solely for the purpose of supporting the programs provided herein. Any 8 such funds shall be subject to the review procedures as set forth in Act 651 of 1978. 9 27.3. (ARTS: Grant Funds Equitable Disbursement) The Commission shall make every effort to disburse state and 10 federal grant funds to counties in the most equitable manner possible. Counties that have demonstrated initiative in 11 seeking support and developing arts programs are to be given consideration when funds are disbursed. 12 27.4. (ARTS: Partial Indirect Cost Waiver) The Commission is allowed to apply a 15% indirect cost rate for 13 continuing federal grants for which they must compete. The Commission shall apply the full approved negotiated rate 14 to the Basic State Grant and any new grants received by the Commission. 15 16 H95 - SECTION 28 - STATE MUSEUM COMMISSION 17 18 28.1. (MUSM: Duplicate Materials) The Commission may give (away) natural history materials in its possession 19 for educational purposes, such materials being less than museum quality or duplicative of materials owned by the 20 Museum Commission. 21 28.2. (MUSM: Removal From Collections) The Commission may remove objects from its museum collections by 22 gift to another public or nonprofit institution, by trade with another public or nonprofit institution, by public sale, by 23 transfer to the Commission's education, exhibit, or study collections or to its operating property inventory; or as a last 24 resort, by intentional destruction on the condition that the objects so removed meet with one or more of the following 25 criteria: (1) they fall outside the scope of the S. C. Museum Commission's collections as defined in the Collection 26 Policy dated January 20, 1993, (2) they are unsuitable for exhibition or research, (3) they are inferior duplicates of other 27 objects in the collection, or (4) they are forgeries or were acquired on the basis of false information; funds from the sale 28 of such objects will be placed in a special revolving account for the Commission to use solely for the purpose of 29 purchasing objects for the collections of the State Museum. 30 28.3. (MUSM: Museum Store) The Museum Commission shall establish and administer a museum store in the 31 State Museum. This store may produce, acquire, and sell merchandise relating to historical, scientific, and cultural 32 sources. All profits received from the sale of such merchandise shall be retained by the Museum Commission in a 33 restricted fund to be carried forward into the following fiscal year. These funds may be used for store operations, 34 publications, acquisitions, educational programs, exhibit production and general operating expenses provided that the 35 expenditures for such expenses are approved by the General Assembly in the annual Appropriation Act. 36 28.4. (MUSM: Traveling Exhibits Fees) The Museum Commission may rent or sell exhibits and exhibit 37 components and the Commission may retain such funds and use them to offset the cost of developing, maintaining, 38 promoting, and improving the changing exhibit program and to support general operations, provided that the 39 expenditures for such expenses are approved by the General Assembly in the annual Appropriation Act. Any 40 unexpended revenue from these sources may be carried forward into the current fiscal year to be expended for the same 41 purposes.
H91 - SECTION 27 - ARTS COMMISSION PAGE 477 1 28.5. (MUSM: Retention of Revenue) The Museum Commission may retain revenue received from admissions, 2 program fees, facility rentals, professional services, donations and other miscellaneous operating income and may 3 expend such revenue for general operating expenses provided that such expenditures are approved by the General 4 Assembly in the annual appropriations act. Any unexpended revenue from these sources may be carried forward into 5 the current fiscal year to be expended for the same purposes. 6 28.6. (MUSM: Across-the-Board Cut Exemption) In the calculation of any across-the-board cut mandated by the 7 Budget and Control Board or General Assembly, the amount which the Commission pays to the South Carolina 8 Heritage Associates for rent of the Museum's rent shall be excluded from the Museum's base budget. 9 28.7. (MUSM: School Tour Fee Prohibition) The Commission may not charge admission fees to groups of 10 children from South Carolina who have made reservations that are touring the museum as part of a school function. 11 12 J02 - SECTION 29 - DEPARTMENT OF HEALTH AND HUMAN SERVICES 13 14 29.1. (DHHS: Recoupment/Restricted Fund) The Department of Health and Human Services shall recoup all 15 refunds and identified program overpayments and all such overpayments shall be recouped in accordance with 16 established collection policy. Further, the Department of Health and Human Services is authorized to maintain a 17 restricted fund, on deposit with the State Treasurer, to be used to pay for Medicaid and Social Services Block Grant 18 Federal liabilities and improvements related to enhancing accountability for future audits. The restricted fund will 19 derive from prior year program refunds. The restricted fund shall not exceed one-half of one percent of the Medicaid 20 and Social Services Block Grant total appropriation authorization for the current year. Amounts in excess of one-half of 21 one percent will be remitted to the General Fund. 22 29.2. (DHHS: Long Term Care Facility Reimbursement Rate) The Department, in calculating a reimbursement 23 rate for long term care facility providers, shall obtain for each contract period an inflation factor, developed by the 24 Budget and Control Board, Division of Budget and Analyses. Data obtained from Medicaid cost reporting records 25 applicable to long term care providers will be supplied to the Budget and Control Board, Division of Budget and 26 Analyses. A composite index, developed by the Budget and Control Board, Division of Budget and Analyses will be 27 used to reflect the respective costs of the components of the Medicaid program expenditures in computing the maximum 28 inflation factor to be used in long term care contractual arrangements involving reimbursement of providers. The 29 Division of Budget and Analyses of the Budget and Control Board shall update the composite index so as to have the 30 index available for each contract renewal. 31 The Department may apply the inflation factor in calculating the reimbursement rate for the new contract period from 32 zero percent (0%) up to the inflation factor developed by the Division of Budget and Analyses. 33 29.3. (DHHS: Medical Assistance Audit Program Remittance) The Department of Health and Human Services 34 shall remit to the General Fund an amount representing fifty percent (allowable Federal Financial Participation) of the 35 cost of the Medical Assistance Audit Program as established in the State Auditor's Office of the Budget and Control 36 Board Section 17D. Such amount shall also include appropriated salary adjustments and employer contributions 37 allocable to the Medical Assistance Audit Program. Such remittance to the General Fund shall be made monthly and 38 based on invoices as provided by the State Auditor's Office of the Budget and Control Board. 39 29.4. (DHHS: Medicaid Income Limitation) The income limitation for the Medicaid Program shall continue to be 40 three hundred percent of the SSI single payment maximum. 41 29.5. (DHHS: Third Party Liability Collection) The Department of Health and Human Services is allowed to fund 42 the net costs of contracting for any Special Third Party Liability and Drug Rebate collection efforts from the monies
H95 - SECTION 28 - STATE MUSEUM COMMISSION PAGE 478 1 collected in that effort. 2 29.6. (DHHS: Services Integration Efforts) The funds appropriated in II D shall be utilized for services integration 3 efforts. 4 29.7. (DHHS: Medicaid State Plan) Where the Medicaid State Plan is altered to cover services that previously 5 were provided by 100% state funds, the Department can bill other agencies for the state share of services provided 6 through Medicaid. The Department will keep a record of all services affected and submit periodic reports to the House 7 Ways and Means and Senate Finance Committees. 8 29.8. (DHHS: Medically Indigent Assistance Fund) The Department is authorized to expend disproportionate 9 share funds to all eligible hospitals with the condition that all audit exceptions through the receipt and expenditures of 10 these funds are the liability of the hospital receiving the funds. To the extent that any disproportionate share funds 11 authorized under this section exceed a specific hospital's cost, such funds must be spent on health care services by a 12 governmental entity. These funds must be used to reimburse the hospital for expenses in providing uncompensated 13 indigent care. 14 29.9. (DHHS: Admin. Days/Swing Beds Reduction Prohibition) Funds appropriated herein for hospital 15 administrative days and swing beds shall not be reduced in the event the agency cuts programs and the services they 16 provide. 17 29.10. (DHHS: Nursing Home Sanctions) The Department of Health and Human Services is authorized to establish 18 an interest bearing Restricted Fund with the State Treasurer, to deposit fines collected as a result of nursing home 19 sanctions. The Department may use these funds to protect the life, health, and property of patients in nursing homes, 20 including payment for the costs of relocation of residents to other facilities, maintenance of operation of a facility 21 pending correction of deficiencies or closure. 22 29.11. (DHHS: Reimbursement Formula Changes) To the extent the Department can increase Medicaid federal 23 matching funds through changes in reimbursement formulas for other state providers, the Department, with the 24 permission of the state providers, is authorized to retain these funds in an earmarked account on deposit with the State 25 Treasurer and use these funds to cover unanticipated increases in Medicaid expenditures. The Department should not 26 hold any other state provider liable for disallowances resulting from these changes. Any funds realized as a result of 27 this proviso shall be reported as part of the following year budget process. 28 29.12. (DHHS: Managed Care) The Insurance Law of South Carolina and the regulations promulgated thereunder 29 shall not apply to partially capitated, primary care providers, insofar as such groups or individuals are defined by and 30 agree to provide health care services under South Carolina's Medicaid Managed Care Program. 31 29.13. (DHHS: Health Benefit Plan Demonstration Project) The Health Benefit Plan Demonstration Project is 32 exempt from the provisions of Title 38 of the 1976 Code and regulations promulgated by the Chief Insurance 33 Commissioner. 34 29.14. (DHHS: Child Care and Development Block Grant) The Department of Health and Human Services (DHHS) 35 shall use the funds appropriated to provide matching funds for the new Child Care and Development Block Grant. 36 DHHS, in coordination with the Department of Social Services, shall use these child care funds to support the state's 37 welfare reform program (Family Independence Act of 1995) and to provide temporary child care services to other low 38 income working families. 39 29.15. (DHHS: Residential Care Optional Supplement) From the appropriation made herein for General 40 Assistance, the Department will supplement the income of individuals who reside in licensed residential care facilities, 41 and who also qualify as aged, blind or disabled under the Medicaid State Plan, or who would qualify except for income 42 limitations or residence in a residential care facility reclassified as a public institution by the Social Security
J02 - SECTION 29 - DEPARTMENT OF HEALTH AND HUMAN SERVICES PAGE 479 1 Administration. For the period of the current fiscal year, the Department will, based on availability of funds, 2 supplement the income of the above defined group up to a maximum of $803.00 per/month and the residential care 3 facilities are authorized to charge a fee of $770.00 per/month for the defined group. The Department will allow each 4 individual in the defined group a $33.00 per/month personal needs allowance. If the federal government grants a cost 5 of living increase to Social Security and Supplemental Security Income recipients, the Department will increase the 6 maximum residential care payment by the amount of the cost of living increase. The Department shall establish the 7 maximum number of Optional Supplement Requests that can be funded. Each facility that participates in the Optional 8 Supplement Program must submit a notarized operating cost report. The Department will develop a form to be used by 9 all facilities. The cost information will include income and operating costs for the facility. The Department shall 10 explore any options for maximizing state matching dollars in the provision of services to residents of licensed 11 community residential care facilities and report to the Ways and Means Committee, the Senate Finance Committee, and 12 the Governor's Office no later than September 30, 1997. Nothing herein shall be deemed to mandate a lower level of 13 nursing home care by the Department. The Department will develop a time schedule for reports to be submitted. 14 Facilities failing to adhere to the time schedule will not be eligible to receive Optional Supplement payments. 15 Information received by the Department will be consolidated and submitted to the Ways and Means Committee and 16 Senate Finance Committee. 17 29.16. (DHHS: Family Planning) Of the funds appropriated for Family Planning, $156,000 shall be used for long 18 term contraceptives and matched with Federal funds to the fullest extent possible. 19 20 J04 - SECTION 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL 21 22 30.1. (DHEC: County Health Departments Funding) Out of the appropriation provided in this section for "Public 23 Health Districts", the sum of $25,000 shall be distributed to the county health departments by the Commissioner, with 24 the approval of the Board of Department of Health and Environmental Control, for the following purposes: 25 1. To insure the provision of a reasonably adequate public health program in each county. 26 2. To provide funds to combat special health problems that may exist in certain counties. 27 3. To establish and maintain demonstration projects in improved public health methods in one or more counties 28 in the promotion of better public health service throughout the State. 29 4. To encourage and promote local participation in financial support of the county health departments. 30 5. To meet emergency situations which may arise in local areas. 31 6. To fit funds available to amounts budgeted when small differences occur. 32 The provisions of this proviso shall not supersede or suspend the provisions of Section 13-7-30 of the 1976 Code. 33 30.2. (DHEC: County Special Projects) Counties may continue to fund special projects in conjunction with the 34 County Health Departments. Salaries for county special project employees, including merit increases and fringe 35 benefits, shall be totally funded by the county(s) involved. County special project employees shall not be under the 36 state merit system or state compensation plan and they shall receive their compensation directly from the county(s). 37 30.3. (DHEC: County Health Units) Federal funds made available to the Department of Health and Environmental 38 Control for the allocation to the counties of the State for operation of county health units be allotted on a basis approved 39 by the Board of the Department of Health and Environmental Control and the amount of State funds appropriated herein 40 for "Public Health Districts", except for salary increases, shall be allocated on a basis such that no county budget shall 41 receive less than the amount received in the prior fiscal year. 42 30.4. (DHEC: Camp Burnt Gin) Private donations or contributions for capital improvements at Camp Burnt Gin
J02 - SECTION 29 - DEPARTMENT OF HEALTH AND HUMAN SERVICES PAGE 480 1 shall be deposited in a restricted account and carried forward until sufficient amounts are available for such 2 improvements. Any expenditures from the account must first be approved by the Budget and Control Board and the 3 Joint Bond Review Committee. 4 30.5. (DHEC: Children's Rehabilitative Services) The Children's Rehabilitative Services shall be required to 5 utilize any available financial resources including insurance benefits and/or governmental assistance programs, to which 6 the child may otherwise be entitled in providing and/or arranging for medical care and related services to physically 7 handicapped children eligible for such services, as a prerequisite to the child receiving such services. 8 30.6. (DHEC: Cancer/Hemophilia) Notwithstanding any other provisions of this act, the funds appropriated herein 9 for cancer treatment services $1,168,409 and the hemophilia assistance program, $66,477 shall not be transferred to 10 other programs within the agency and when instructed by the Budget and Control Board or the General Assembly to 11 reduce funds within the department by a certain percentage, the Department may not act unilaterally to reduce the funds 12 for any cancer treatment program and hemophilia assistance program provided for herein greater than such stipulated 13 percentage. 14 30.7. (DHEC: Speech & Hearing) The Department of Health and Environmental Control shall utilize so much of 15 the funds appropriated in this section as may be necessary to continue the Speech and Hearing programs. 16 30.8. (DHEC: Local Health Departments) As of July 1, 1981, the counties of the state will be relieved of 17 contribution requirements for salary, fringe benefits and travel reimbursement to local health departments. The amount 18 of $5,430,697 is appropriated for county health department salaries, fringe benefits and travel. These funds and other 19 state funds appropriated for county health units may, based upon need, be utilized in either salary or travel categories. 20 Each county shall provide all other operating expenses of the local health department in an amount at least equal to that 21 appropriated for operations for each county in Fiscal Year 1981. In the event any county makes uniform reductions in 22 appropriations to all agencies or departments for maintenance and operations, exclusive of salaries and fringe benefits, a 23 like reduction shall be made in funds appropriated for the operating expenses of the local health department. 24 30.9. (DHEC: Insurance Refunds) The Department of Health and Environmental Control is authorized to budget 25 and expend monies resulting from insurance refunds for prior year operations for case services in the following 26 programs: Health Promotion, Preventive Health Services, and Maternal and Child Care. 27 30.10. (DHEC: Emergency Medical Services) Funds appropriated herein for Emergency Medical Services, shall be 28 allocated to the Counties for the purpose of improving or upgrading the system, and shall be allocated to the EMS- 29 Regional Councils for administration of training programs and technical assistance to the local EMS units and the funds 30 shall be allocated by a ratio of 45 percent to the counties and 55 percent to the EMS Regional Councils. The 31 Department of Health and Environmental Control shall develop guidelines and administer the system to make 32 allocations within each region based on demonstrated need and local match. The $1 million increase provided herein 33 shall not require local match and local match shall not be a factor in determining the allocation. The $1 million increase 34 shall be allocated by a ratio of 81 percent to counties, 12 percent to EMS Regional Councils and 7 percent to the state 35 EMS office. Funds appropriated $1,955,195 to Emergency Medical Services shall not be transferred to other programs 36 within the Department's budget. In addition, when instructed by the Budget and Control Board or the General Assembly 37 to reduce funds by a certain percentage, the Department may not reduce the funds appropriated for EMS Regional 38 Councils or Aid to Counties greater than such stipulated percentage. 39 30.11. (DHEC: Rape Crisis Centers) Of the amounts appropriated in Primary Care-Case Services, $651,107 shall be 40 used for rape crisis centers around the state. Distribution of funds shall be based on DHEC Rape Crisis services 41 standards and expenditures monitored by DHEC. Provided funding remains unchanged for FY 1998, each of the 17 42 rape crisis centers shall receive funding at the FY 1997 level. Any increase above the $651,107 total shall be equally
J04 - SECTION 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PAGE 481 1 distributed to each center. Any reduction in funding shall result in decreases to each center proportionate to the FY 2 1997 distribution amount. 3 30.12. (DHEC: Sickle Cell Blood Sample Analysis) $16,000 is appropriated in Maternal and Child Care for the 4 Sickle Cell Program for Blood Sample Analysis and shall be used by the Department to analyze blood samples 5 submitted by the four existing regional programs - Region I, Barksdale Sickle Cell Anemia Foundation in Spartanburg; 6 Region II, Clark Sickle Cell Anemia Foundation in Columbia; Region III, Committee on Better Racial Assurance 7 Hemoglobinopathy Program in Charleston; and the Orangeburg Area Sickle Cell Anemia Foundation. 8 30.13. (DHEC: Sickle Cell Programs) $475,000 is appropriated for Sickle Cell program services, 47% is to be 9 designated for the Community Based and Newborn Screening Programs (Sickle Cell) and shall be apportioned as 10 follows: 11 (1) 48% is to be divided equally between the existing Community Based Sickle Cell Programs located in 12 Spartanburg and Columbia; and 13 (2) 52% is for the Community Based Sickle Cell Program in Charleston. 14 The funds shall be used for providing prevention programs, educational programs, testing, counseling and newborn 15 screening. The balance of the total appropriation must be used for Sickle Cell Services operated by Children's 16 Rehabilitative Services of DHEC. The funds appropriated to the community based sickle cell centers shall be reduced 17 to reflect any percent reduction assigned to the Department of Health and Environmental Control by the Budget and 18 Control Board; provided, however, that the Department may not act unilaterally to reduce the funds for the Sickle Cell 19 program greater than such stipulated percentage. The Department shall not be required to undertake any treatment, 20 medical management or health care follow-up for any person with sickle cell disease identified through any neonatal 21 testing program, beyond the level of services supported by funds now or subsequently appropriated for such services. 22 No funds appropriated for ongoing or newly established sickle cell services may be diverted to other budget categories 23 within the DHEC budget. 24 30.14. (DHEC: Genetic Services) The sum of $222,390 appearing under the Maternal and Child Care Section of 25 this Act shall be appropriated to and administered by the Department of Health and Environmental Control for the 26 purpose of providing appropriate genetic services to medically needy and underserved persons. Such funds shall be 27 used by the Department to administer the program and to contract with appropriate providers of genetic services. Such 28 services will include genetic screening, laboratory testing, counseling, and other services as may be deemed beneficial 29 by the Department, and these funds shall be divided equally among the three Regional Genetic Centers of South 30 Carolina, composed of units from the Medical University of South Carolina, the University of South Carolina School of 31 Medicine, and the Greenwood Genetic Center. 32 30.15. (DHEC: Revenue Carry Forward Authorization) The Department of Health & Environmental Control is 33 hereby authorized to collect, expend and carry forward revenues in the following programs: Sale of Goods (confiscated 34 goods, arm patches, etc.), sale of meals at Camp Burnt Gin, sale of publications, brochures, photo copies and certificate 35 forms, including but not limited to, pet rabies vaccination certificate books, sale of listings and labels, sale of State Code 36 and Supplements, sale of films and slides, sale of maps, sale of items to be recycled, including used motor oil and 37 batteries, etc., and collection of registration fees for non-DHEC employees. 38 30.16. (DHEC: Pharmacist Permits) The Department of Health and Environmental Control shall be exempted from 39 the requirements of Section 40-43-370 of the 1976 Code of Laws, as amended, as it relates to the requirement that a 40 pharmacist employed by the Department may supervise no more than two adjacent districts. The Department of Health 41 and Environmental Control shall not be exempt from any other provisions of Section 40-43-370.
J04 - SECTION 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PAGE 482 1 30.17. (DHEC: Safe Drinking Water Act) In order to comply with the provisions of the federal Safe Drinking 2 Water Act, the Department is authorized to collect a fee from each public water system. The fee must be based upon the 3 number of taps through which the system provides water to its customers The fees collected must be returned to the 4 department for the purposes of implementing the Safe Drinking Water Act Regulatory Program including engineering 5 plan review, compliance inspections, and enforcement; and for providing technical assistance and monitoring and 6 laboratory analytical services for the public water systems of the State. The fee shall be as follows: 7 8 COMMUNITY AND NON-TRANSIENT NON-COMMUNITY 9 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 x (# Taps 15 From 1,001 To 5,000) + $1.08 x (# Taps From 5,001 To 10,000) + $0.68 x (# Taps From 10,001 To 15,000) + $0.36 x 16 (# Taps From 15,001 To 25,000) + $0.23 x (# Taps From 25,001 To 50,000) + $0.14 x (# Taps From 50,001 To 17 100,000) + $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 20 (Systems 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 Than 24 100 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 43
J04 - SECTION 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PAGE 483 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, 30 whether 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, 32 South Carolina Section American Water Works Association and the Municipal Association detailing activities funded 33 from safe drinking water fees. The report shall include the amount of fees collected from each waterworks and the 34 listing of expenditures from those fees. The expenditures shall be accompanied by a list of benefits the waterworks 35 receive from the State as a result of the fees. In providing monitoring and laboratory analytical services, DHEC will 36 consider least cost alternatives including contracting with private laboratories when appropriate. DHEC shall include all 37 applicable direct and 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 40 will contain advisement of penalty for non-payment after sixty (60) days. Fees remaining unpaid after sixty days will be 41 assessed a ten percent (10%) penalty. Fees remaining unpaid at the end of ninety (90) days will be assessed a twenty- 42 five percent (25%) penalty in addition to the sixty day penalty. The sum of both penalties may not exceed five thousand
J04 - SECTION 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PAGE 484 1 dollars. Persons delinquent under this paragraph will be notified by the Department by certified mail at their last known 2 address. 3 All returned checks will be subject to a returned check fee as outlined in the DHEC Administrative Policy and 4 Procedures Manual. This penalty will be in addition to those outlined above. 5 No monitoring will be conducted on systems with fees unpaid at the end of ninety (90) days. 6 30.18. (DHEC: Medicaid Nursing Home Bed Days) Pursuant to Section 44-7-84(A) of the 1976 Code, the 7 maximum number of Medicaid patient days for which the Department of Health and Environmental Control is 8 authorized to issue Medicaid nursing home permits is 4,009,500 4,075,565. 9 30.19. (DHEC: Infectious Waste Health Inspectors) The Department of Health and Environmental Control shall 10 assign full-time health inspectors to serve at commercial incinerators which dispose of infectious waste for the purpose 11 of assuring the protection of the health and safety of the public by monitoring the receipt, handling and disposal of 12 infectious waste at these sites. The Department shall implement a fee of up to $5.00 per ton of infectious waste to cover 13 the costs of implementing this inspection program, not to exceed $150,000, to be collected quarterly from such 14 inspected facilities to be deposited in the General Fund. 15 30.20. (DHEC: Septic Tank & Retail Food Establishments Inspection Fees) The Department shall charge a septic 16 tank inspection fee of $60.00. This fee shall be paid prior to the evaluation of any site for which an application for a 17 septic tank permit has been made. The Department shall charge annual inspection fees for retail food establishments. 18 Retail food establishments obtaining a permit for the first time shall be charged an inspection fee of $60.00. These fees 19 must be paid prior to the issuance of a permit. After the first year, renewal inspection fees shall be based on gross sales 20 of food and food products for the facility's previous business year as follows: 21 22 Gross Sales Annual Fee 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 28 additional breakdowns. 29 Annual renewal fees shall be due thirty (30) days from the billing date. A penalty charge of $30.00 for all facilities 30 shall be assessed for inspection fees that are past due. A second penalty shall be assessed for inspection fees sixty (60) 31 days past due. 32 Owners of retail food establishments shall furnish previous business year sales information on request of the 33 Department. 34 The following retail food establishments shall be exempt from fee charges: 35 36 Retail food establishments that are operated by a public or private school (kindergarten through grade 12); or are 37 operated by a child care facility. 38 39 Retail food establishments operated by health care facilities that are regulated by the Department. 40 41 Retail food establishments that are operated by other state agencies or local governments that provide food for 42 patients, clients or inmates. 43
J04 - SECTION 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PAGE 485 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 5 evidence 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 7 Vital Records. The following fee schedule shall be implemented effective July 1, 1991 and the revenue generated shall 8 be retained 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 acknowledgment). . . . . . . . . $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 26 registration and additional copies of the same record requested at the same time shall be distributed as follows: 50% to 27 the county health 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 29 be 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 31 Title 44, Chapter 53, Article 3 of the amended Code (the Controlled Substances Act) and set forth under Paragraph 103 32 of R61-4 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 39 fees set forth in this proviso. 40 (6) This proviso shall become effective for the 1992-1993 registration period and shall continue in force until 41 modified by revision of R61-4, Paragraph 103.
J04 - SECTION 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PAGE 486 1 30.24. (DHEC: Medical & Dental Loan Program) Notwithstanding other provisions of law, unobligated funds in 2 the Medical & Dental Loan program may be expended for other health service programs. 3 30.25. (DHEC: Infectious Waste Contingency Fund) The Department of Health and Environmental Control is 4 authorized to use not more than $75,000 from the Infectious Waste Contingency Fund per year for personnel and 5 operating expenses to implement the Infectious Waste Act. 6 30.26. (DHEC: Nursing Home Medicaid Bed Day Permit) Beginning July 1, 1993, when transfer of a Medicaid 7 patient from a nursing home is necessary due to violations of state or federal law or medicaid certification requirements, 8 the medicaid patient day permit shall be transferred with the patient to the receiving nursing home. The receiving 9 facility shall apply to permanently retain the medicaid patient day permit within sixty days of receipt of the patient. 10 30.27. (DHEC: SC Mining Council) The amount appropriated in this section for "Mining and Reclamation", "Per 11 Diem" and "Travel" may be used for reimbursement of expenses and per diem for the South Carolina Mining Council. 12 30.28. (DHEC: Mineral Sets Revenue) The Department is authorized to charge a reasonable fee for mineral sets. 13 Funds generated from the sale of mineral sets may be retained by the Department in a revolving account with a 14 maximum carry forward of $2,000 and must be expended for mineral set supplies and related mining and reclamation 15 educational products. 16 30.29. (DHEC: Spoil Easement Areas Revenue) The Department is authorized to collect, retain and expend funds 17 received from the sale of and/or third party use of spoil easement areas, for the purpose of meeting the State of South 18 Carolina's responsibility for providing adequate spoil easement areas for the Atlantic Intracoastal Waterway in South 19 Carolina. Any unexpended balance on June 30, of the prior fiscal year would be carried forward into the next fiscal 20 year and expended for the same purposes. 21 30.30. (DHEC: Performance Bond Forfeiture Revenue Carry Forward) The Department is authorized to retain and 22 expend revenue derived from forfeiture of performance bonds to cover the cost of restoring damaged critical areas. Any 23 unexpended balance on June 30, of the prior fiscal year would be carried forward into the next fiscal year and expended 24 for the same purposes. 25 30.31. (DHEC: Special Permits) Notwithstanding any other provisions of law or Rule and Regulation where the 26 State of South Carolina is exposed to compensation requirements of the Constitutions, the Department is hereby 27 authorized to issue special permits pursuant to Section 48-39-290(D) for habitable structures not to be larger than 5,000 28 square feet of heated space. 29 30.32. (DHEC: Permit Application) Permit Application fees collected pursuant to Section 48-39-145 of the 1976 30 Code must be retained by the department and used to establish the Coastal Resources Access Fund to be administered 31 by the Office of Ocean and Coastal Resource Management. The office shall make matching grants from the fund on a 32 50/50 basis to local governments in the South Carolina Coastal Zone for projects which enhance the public's use and 33 enjoyment of coastal resources. 34 30.33. (DHEC: Per Visit Rate Bureau of Home Health and Long Term Care) The SCDHEC is authorized to 35 compensate non-permanent, part-time employees on a fixed rate per visit basis. Compensation on a fixed rate per visit 36 may be paid only to Bureau of Home Health and Long Term Care employees for whom the Department receives per 37 visit reimbursement from other sources. These individuals will provide direct patient care in a home environment. The 38 per visit rate may vary based on the discipline providing the care and the geographical location of services rendered. 39 Management may pay exempt or non-exempt employees as defined by the Fair Labor Standards Act only when they are 40 needed to work. Individuals employed in this category may exceed twelve months, but are not eligible for State benefits 41 except for the option of contributing to the State Retirement System.
J04 - SECTION 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PAGE 487 1 30.34. (DHEC: Grand Strand Beach Renourishment Match) Any funds appropriated by the state for the Grand 2 Strand Beach Renourishment Project cannot be expended until the U.S. Army Corps of Engineers certifies to the 3 Department of Health & Environmental Control that the federal funds and the required funds from local governments 4 for construction of the Grand Strand Beach Renourishment Project are available for expenditure. 5 30.35. (DHEC: Cardiac Care Services) Notwithstanding any other provision of law, any facility which: (1) obtained 6 a certificate of need for diagnostic cardiac catheterization before July 10, 1992; (2) filed to obtain a certificate of need 7 for open-heart surgical services before January 1, 1993; and (3) has a written open-heart surgery back-up agreement 8 with a facility that provides an open-heart surgery service located within a thirty-minute one-way drive may provide 9 therapeutic cardiac catheterizations. The facility's authority to continue to provide therapeutic cardiac catheterizations 10 terminates sixty days after the effective date of any changes to the criteria contained in the State Health Plan for issuing 11 a certificate of need for open heart surgery. A facility may continue to provide therapeutic cardiac catheterizations after 12 the sixty-day period only if the facility has applied for a certificate of need for open heart surgery under the new criteria 13 within sixty days of the new criteria's effective date. The facility's authority to continue to provide therapeutic cardiac 14 catheterizations during the period while its certificate of need application under the new criteria is pending terminates 15 upon the issuance of a final non-appealable decision on the application for a certificate of need under the new criteria. 16 30.36. (DHEC: Allocation Patient Days) The Department will allocate additional Medicaid patient days authorized 17 above the previous fiscal year's level as provided in Proviso 30.18 based on a percentage of need indicated by the 18 Community Long Term Care waiting list. Not withstanding any other provision of law, of the additional patient days 19 authorized above the previous year's level as provided in Proviso 30.18, the Department may approve additional nursing 20 home patient days/beds not to exceed 11,680 patient days/32 beds for those facilities in those rural counties that have (1) 21 only one nursing home; (2) have no more than eighty-eight nursing home beds; (3) have more than 22 percent of the 22 population age sixty-five and over with an income below the poverty level; and, (4) are below the mean of the South 23 Carolina median family income. A Certificate of Need application for these rural counties must be received by the 24 Department no later than August 1, 1996, and the Department will reserve Medicaid patient days for up to ninety 25 percent of the number of additional beds. 26 30.37. (DHEC: Underground Storage Tank Data) The Department of Health and Environmental Control should 27 initiate actions in FY 1997-98, to ensure the availability of accurate and complete tank population and financial data, 28 that are necessary to complete a report by March 1999, to the State Reorganization Commission, for the purpose of 29 determining whether continued funding from the State Underground Petroleum Environmental Response Bank 30 (SUPERB) thru December 31, 2026 for eligible owners of underground storage tank owners, is in the best interest of 31 the State. The Department should begin to collect accurate and complete information addressing the financial status of 32 the SUPERB Account and the State Financial Responsibility Fund (SFRF) Account, including detailed information 33 regarding the status of reported releases in terms of completed and on-going work. Information should be such that the 34 Department is able to determine whether the SUPERB and SFRF Funds are actuarially sound and that revenues are 35 sufficient to address needed site rehabilitation and third party claims, such that the Department is able to continue 36 funding the most serious and highest ranked projects as determined using the Risk Based Corrective Action ranking 37 system. The Department's actions should also result in compiling accurate and complete information regarding the 38 State's tank population, in terms of the extent to which the tank population meets Environmental Protection Agency 39 standards which become effective December 1998; the number of registered tanks in the state; the number of registered 40 tanks per location, per owner; and the availability and affordability of private insurance for owners of underground 41 storage tank owners.
J04 - SECTION 30 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PAGE 488 1 J12 - SECTION 31 - DEPARTMENT OF MENTAL HEALTH 2 3 31.1. (DMH: Medicare Revenue) All Federal Funds received by the Department of Mental Health from patients' 4 Medicare benefits shall be considered as patient fees under the provision of Act No. 1276 of the 1970 Acts (provision 5 for the issuance of bonds to be repaid from patient fees) except that the Department shall remit to the General Fund of 6 the State $290,963 from such funds to support the appropriation for administrative costs of the collection of Medicare 7 benefits. The Department shall retain and expend up to $3 million of all Medicare Revenue earned prior to July 1, of 8 the prior fiscal year, but received in the current fiscal year from cost recovery efforts, all additional prior earnings shall 9 be remitted to the General Fund, except that the cost and fees of identifying and collecting such additional Medicare 10 Revenue to which the Department is entitled may be paid from funds actually collected from such efforts. 11 31.2. (DMH: Paying Patient Account) Notwithstanding any other provision of law and in addition to other 12 payments provided in Part I of this Act, the Department of Mental Health is hereby directed during the current fiscal 13 year to remit to the General Fund of the State the amount of $3,800,000 to be paid from the surplus funds in the paying 14 patient account which has been previously designated for capital improvements and debt service under the provisions of 15 Act 1276 of 1970. It is the intent of the General Assembly to assist the Department to reduce and eventually eliminate 16 this obligation to the General Fund. 17 31.3. (DMH: Patient Fee Account) Notwithstanding any other provisions of law and in addition to other payments 18 provided in Part I of this Act, the Department of Mental Health is hereby authorized during the current fiscal year, to 19 provide the funds budgeted herein for $6,214,911 for Departmental operations, $400,000 for the Continuum of Care, 20 $10,000 for the Alliance for the Mentally Ill, $250,000 for S.C. SHARE Self Help Association Regarding Emotions, 21 $50,000 for Palmetto Pathways, $50,000 for New Day Clubhouse and up to $685,000 for day-to-day operations at the 22 Campbell Nursing Home , from the Patient Fee Account which has been previously designated for capital improvements 23 and debt service under provisions of Act 1276 of 1970. The Department of Mental Health is authorized to fund the cost 24 of Medicare Part B premiums from its Patient Fee Account up to $150,000. The South Carolina Alliance for the 25 Mentally Ill shall provide an itemized budget before the receipt of funds and quarterly financial statements to the 26 Legislative Governor's Committee on Mental Health and Mental Retardation Department of Mental Health. The South 27 Carolina Self-Help Association Regarding Emotions shall provide an itemized budget before the receipt of funds and 28 quarterly financial statements to the Legislative Governor's Committee on Mental Health and Mental Retardation 29 Department of Mental Health. DMH is authorized to use unobligated Patient Paying Fee Account funds for community 30 transition programs. The funds made available shall be utilized consistently with the Transition Leadership Council's 31 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, 33 and the Senate Finance Committee. This amendment is made notwithstanding other obligations currently set forth in 34 this proviso. 35 31.4. (DMH: Paying Patient Fee Hall Institute) Notwithstanding any other provisions of law and in addition to 36 other payments provided in this section, the Department of Mental Health is authorized to utilize up to $1,530,520 of the 37 funds collected from paying patients hospitalized in the acute care units of the William S. Hall Psychiatric Institute to 38 defray the cost of training mental health personnel and psychiatric research at that facility pursuant to Section 44-11- 39 10(2), Code of Laws of South Carolina, 1976; these being a part of the funds previously designated for capital 40 improvements and debt 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.
J12 - SECTION 31 - DEPARTMENT OF MENTAL HEALTH PAGE 489 1 31.6. (DMH: Harris Psychiatric Hospital Carry Forward) The Budget and Control Board shall authorize the 2 Department of Mental Health to carry forward any remaining funds allocated for Harris Psychiatric Hospital in the prior 3 fiscal year to assure full-funding of Harris Psychiatric Hospital in the current fiscal year. The Department is authorized 4 to utilize these funds to provide for community screening and service for potential admission to Harris Psychiatric 5 Hospital. 6 31.7. (DMH: VA Nursing Home Carry Forward) The Department is authorized to carry forward into the current 7 year, funds allocated in the prior fiscal year for the operation of the Campbell Nursing Home. Funds carried forward 8 shall be expended for the same purpose during the current fiscal year. 9 31.8. (DMH: Transfer of Patients to DDSN) DMH is authorized to transfer to the Department of Disabilities & 10 Special Needs, state appropriations to cover the state match related to expenditures initiated as a result of the transfer of 11 appropriate patients from DMH to the Department of Disabilities & Special Needs. Notwithstanding any other 12 provisions of law and in addition to other payments as authorized in this Act, DMH is also authorized to utilize up to 13 $500,000 from the Patient Fee Account to help defray costs of these transferees. 14 31.9. (DMH: Harris Hospital Funds Transfer Notification) Prior to any transfer of funds from the current budget 15 for Harris Hospital, the Department shall notify the Chairmen of the Joint Appropriations Review Committee, the House 16 Ways and Means Committee and the Senate Finance Committee. 17 31.10. (DMH: Sale of Property Revenue) The Department may retain revenues associated with the sale of property 18 and may expend these funds on capital improvements approved by the Joint Bond Review Committee and the Budget 19 and Control Board. 20 31.11. (DMH: Department Owned Housing Rental) The Department of Mental Health may charge other than fair 21 market value for rental of department-owned housing when such rentals assist in the recruitment and training of mental 22 health professionals. 23 31.12. (DMH: New Medications) The Department of Mental Health is authorized to utilize $1,000,000 to 24 implement a one-year study of the impact of three medications of Department patients and the mental health system of 25 care. The medications are: Clozaril (Clozapine), Zyprexa (Olanzapene), and Risperdal (Risperidone) or other drugs 26 approved by the Department. The Department shall administer these funds and design the research with the assistance 27 of the S. C. Public Academic Mental Health Consortium. The research will consider clinical outcomes and cost- 28 effectiveness outcomes. The research will begin July 1, 1997, and will conclude when an adequate sample size has been 29 achieved. A report of the research findings will be made to the Health and Human Services Subcommittee of the House 30 Ways and Means Committee, the Senate Finance Committee and the Governor. Nothing in this provision shall prohibit 31 the Department from making recommendations regarding the effectiveness of other drugs. 32 33 J16 - SECTION 32 - DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS 34 35 32.1. (DDSN: Work Activity Programs) All revenues derived from production contracts earned by mentally 36 retarded trainees in Work Activity Programs be retained by the South Carolina Department of Disabilities & Special 37 Needs and carried forward as necessary into the following fiscal year to be used for other operating expenses and/or 38 permanent improvements of these Work Activity Programs. 39 32.2. (DDSN: Sale of Excess Real Property) The Department is authorized to retain revenues associated with the 40 sale of excess Department-owned real property and may expend these funds to purchase land and construct community 41 residences to serve the mentally retarded. In the construction of new facilities, the Department shall follow all the 42 policies and procedures of the Budget and Control Board and the Joint Bond Review Committee.
J12 - SECTION 31 - DEPARTMENT OF MENTAL HEALTH PAGE 490 1 32.3. (DDSN: Prenatal Diagnosis) Revenues not to exceed $126,000 from client fees, credited to the debt service 2 fund and not required to meet the Department's debt service requirement, may be expended only in the current fiscal 3 year to promote expanded prenatal diagnosis of mental retardation and related defects by the Greenwood Genetic 4 Center. 5 32.4. (DDSN: Medicaid Funded Contract Settlements) The Department is authorized to carry forward and retain 6 settlements under Medicaid-funded contracts. 7 32.5. (DDSN: Medicare Reimbursements) The Department may continue to budget Medicare reimbursements to 8 cover operating expenses of the program providing such services. 9 32.6. (DDSN: Departmental Generated Revenue) The Department is authorized to continue to expend 10 Departmental generated revenues that are authorized in the budget. 11 32.7. (DDSN: Patient Day Fee) The Department may exclude Medicaid revenues from the Intermediate Care 12 Facilities for the Mentally Retarded's patient day fee from indirect cost recovery payments. 13 32.8. (DDSN: Autistic Pilot Project) From the funds provided herein, the Dept. of Disabilities and Special Needs 14 will provide $25,000 for a pilot project in Pickens County to teach autistic children using the Lovaas method in order to 15 assist in mainstreaming these children back into society and thereby reducing future long term care costs. 16 32.9. (DDSN: Retargeting Resources/FTE Reduction) The Department may implement, in consultation with the 17 Office of Human Resources, Budget and Control Board, a plan to retarget resources to include provisions for a 18 separation incentive payment which may include the employer portion of health and dental benefits not to exceed one 19 year. 20 21 J20 - SECTION 33 - DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES 22 23 33.1. (DAODAS: School Intervention Activity) $1,149,204 of the amount appropriated as "Total Distribution to 24 Subdivisions" in Program III, Division of Programs and Services is intended to be used for the School Intervention 25 activity and none of this sum shall be used by the Department for the employment of personnel. 26 33.2. (DAODAS: Training & Conference Revenue) The Department may charge is authorized to set and collect 27 fees for training events and educational conferences. The All revenues from such events earned shall be deposited in 28 the General Fund retained and carried forward by the agency and used for supplies, materials and other expenses 29 related to the conferences. 30 33.3. (DAODAS: Other Funded New Positions) The Department of Alcohol & Other Drug Abuse Services may 31 fill the other funded personnel authorized in this section only if such funds are available at the time the new positions 32 are to be filled. 33 33.4. (DAODAS: Chemical Dependency Programs) The Department of Alcohol & Other Drug Abuse Services 34 shall use one-time funding to reduce the recidivism rate of juvenile offenders through a transitional treatment program 35 for addictions. The Department will review the ability of parents of juvenile offenders to off-set the costs of this 36 program through a sliding scale fee-for-service and report on this in the evaluation of this program. In addition, the 37 Department will develop a plan for a coordinated, non-duplicative service delivery network through comprehensive 38 utilization of community-wide services and coordination of chemical dependency funding streams. The Department 39 will present a report to the Governor's Office, to the House Ways and Means Committee, and to the Senate Finance 40 Committee no later than January 15, 1997 December 1, 1997. The Department is authorized to spend one half of the 41 appropriated funds for this project for the first six months of the current fiscal year. The remaining funds for this 42 project for the second half of the fiscal year may only be spent upon the written approval of the Chairman of the House
J16 - SECTION 32 - DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS PAGE 491 1 Ways and Means Committee and the Chairman of the Senate Finance Committee after receipt and written approval of 2 the progress report submitted to them on December 1, 1997. The Department is required to include in their progress 3 report due December 1, 1997, budgetary information on the matching funds for the programs from all sources 4 including, but not limited to, state, federal, county and other local funds.. 5 6 K05 - SECTION 34 - DEPARTMENT OF PUBLIC SAFETY 7 8 34.1. (DPS: Special Events Traffic Control) The Highway Patrol must not charge any fee associated with special 9 events for maintaining traffic control and ensuring safety on South Carolina public roads and highways unless approved 10 by the General Assembly. Nothing shall prohibit the Treasury of the State from accepting voluntary payment of fees 11 from private or public entities to defray the actual expenses incurred for services provided by the Department of Public 12 Safety. 13 34.2. (DPS: Miscellaneous Revenue) Notwithstanding any other provisions of law, revenue received from the sale 14 of meals to employees, sale of student locks and materials, sale of legal manuals and other publications, postal 15 reimbursement, third party Commercial Driver License testing, photo copying, sale of miscellaneous refuse and 16 recyclable materials, tuition from military breathalyzer courses, coin operated telephones, revenue from E-911 and 17 Coroner training, revenue from psychological screening, private college tuition, and revenue from canteen operations 18 and building management services, revenue from regional and national marketing of the "Crime-to-Court" and other 19 Department of Public Safety and E.T.V. series shall be retained by the Department and expended in budgeted operations 20 for food services, expansion and programs as the Director of the Department's E.T.V. program, professional training, 21 fees and dues, clothing allowance and other related services or programs as the Director of the Department of Public 22 Safety may deem necessary. 23 The Department of Public Safety shall report annually to the General Assembly the amount of miscellaneous revenue 24 retained and carried forward. 25 34.3. (DPS: Detective/Security Fee) The Department of Public Safety is hereby authorized to charge and collect 26 additional license and registration fees for private detective businesses, private security businesses, including employees 27 of these businesses, and companies which provide private security on their own premises. The funds generated will be 28 retained by the Department and used for the purpose of providing additional security in the Capitol Complex area. 29 34.4. (DPS: Realign Appropriations) In consultation with the House Ways and Means Committee and the Senate 30 Finance Committee, the Department of Public Safety is authorized to realign its Fiscal Year 1996-97 appropriations into 31 a revised structure to reflect actual program operations. 32 34.5. (DPS: Revenue Generated Carry Forward) Notwithstanding any other provision of law, all revenue 33 generated by the Department of Public Safety from the sale of vehicles, various equipment, less the cost of disposition 34 incurred by the B & C Board Division of Operations, gasoline and insurance claims during the prior fiscal year may be 35 retained and carried forward into the current fiscal year and expended for the purpose of purchasing like items. 36 34.6. (DPS: Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, authorized 37 to be expended or used for any federal grant program may be retained and carried forward to the current fiscal year and 38 used for matching committed and/or unanticipated grant funds. 39 34.7. (DPS: Federal, Other Flow Through Funds) In order to complete projects begun in a prior fiscal year, the 40 Department of Public Safety is authorized to expend Federal and Earmarked Funds in the current fiscal year for 41 expenditures incurred in the prior fiscal year.
J16 - SECTION 32 - DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS PAGE 492 1 34.8. (DPS: Publish County DMV Local Telephone Number) From the funds appropriated in Part IA, Section 34 2 to the Department of Public Safety, it is the intent of the General Assembly that the Division of Motor Vehicles in each 3 county should have a local telephone number that is published. 4 34.9. (DPS: Cost Recovery Fee) The Department of Public Safety may collect fees to recover the costs of the 5 production, purchase, handling and mailing of documents, publications, records and data sets, and such funds shall be 6 retained by the agency. 7 34.10. (DPS: License Fees) Notwithstanding any provision of Title 56 of the 1976 Code relating to the disposition 8 of revenues, all revenues derived under Chapter 56 credited to the Department of Public Safety must be credited to the 9 General Fund of the state, except for those fees collected to recover the costs of the production, purchase, handling and 10 mailing of documents, publications, records and data sets, and such funds shall be retained by the agency. 11 34.11. (DPS: Transfer of Funds) Of amounts appropriated for the Department of Public Safety, an amount equal to 12 one hundred thousand dollars must be transferred to Midlands Technical College for the Motorcycle Rider Safety 13 Education Program. 14 15 L04 - SECTION 35 - DEPARTMENT OF SOCIAL SERVICES 16 17 35.1. (DSS: Fee Retention) The Department of Social Services shall recoup all refunds and identified program 18 overpayments and all such overpayments shall be recouped in accordance with established collection policy. Funds of 19 $800,000 collected under the Child Support Enforcement Program (Title IV D) which are State Funds shall be remitted 20 to the State Treasurer and credited to the General Fund of the State. All state funds above $800,000 shall be retained by 21 the Department to fund Self-Sufficiency and Family Preservation and Support initiatives. 22 35.2. (DSS: Recovered State Funds) The Department shall withhold a portion of the State Funds recovered, under 23 the IV-D Program, for credit to the General Fund in order to allow full participation in the Federal "set off" program 24 offered through the Internal Revenue Service, the withholding of unemployment insurance benefits through the South 25 Carolina Employment Security Commission and reimbursement for expenditures related to blood testing. Such funds 26 may not be expended for any other purpose. The Department of Social Services be allowed to utilize the State share of 27 Federally required application fees, collected from Non-AFDC clients, in the administration of the Child Support 28 Enforcement Program. Such funds may not be expended for any other purpose. However, this shall not include Child 29 Support Enforcement Program incentives paid to the program from Federal Funds to encourage and reward cost 30 effective performance. Such incentives are to be reinvested in the program to increase collections of support at the State 31 and County levels in a manner consistent with federal laws and regulations governing such incentive payments. The 32 Department shall not use Clerk of Court incentive funds to replace agency operating funds. Such funds shall be 33 remitted to the appropriate state governmental entity to further child support collection efforts. 34 35.3. (DSS: Foster Children Burial) The expenditure of funds allocated for burials of foster children shall not 35 exceed one thousand five hundred dollars per burial. 36 35.4. (DSS: Assistance Payments Client List) The names of persons benefiting from assistance payments under 37 the several programs of the Department of Social Services shall be available to other state agencies, if not in conflict 38 with federal regulations. 39 35.5. (DSS: Residential Care Optional Supplement) From the appropriation made herein for General Assistance, 40 the Department will supplement the income of individuals who reside in those licensed residential care facilities that 41 have an approved Optional Supplement Request with the Department. Individuals who reside in those residential care 42 facilities with approved Optional Supplement Requests must also qualify as aged, blind or disabled under the definitions
K05 - SECTION 34 - DEPARTMENT OF PUBLIC SAFETY PAGE 493 1 of Public Law 92-603, U.S. Code, or who would qualify except for income limitations or residence in a residential care 2 facility reclassified as a public institution by the Social Security Administration. For the period of the current fiscal 3 year, the Department will, based on availability of funds, supplement the income of the above defined group up to a 4 maximum of $753.00 per/month and the residential care facilities are authorized to charge a fee of $720.00 per/month 5 for the defined group. The Department will allow each individual in the defined group a $33.00 per/month personal 6 needs allowance. If the federal government grants a cost of living increase to Social Security and Supplemental 7 Security Income recipients, the Department will reduce the Optional Supplement by the amount of the cost of living 8 income. Any surplus funds generated as a result of the cost of living increase will be retained within the program and 9 carried forward to fund the future cost of operating the program. The Department shall establish the maximum number 10 of Optional Supplement Requests that can be funded from the funds appropriated herein and report this data to the 11 House Ways and Means and Senate Finance Committees within thirty days after the effective date of this act. All funds 12 appropriated or generated for this program must remain with the Optional Supplement program. Each residential care 13 facility must submit to the Department prior to July 1 each year the number of Optional Supplement Requests for the 14 above defined group to be served during the next twelve months. Residential Care Facilities holding a slot will be 15 allocated slots based on their current allocation and available funds. The Department will develop a waiting list based 16 on present and future applications received from each county. Slots will be allocated to homes in the counties showing 17 the greatest need. If a facility does not fill a vacant slot within ninety days the slot will be reallocated. Payments shall 18 be made to those individuals who reside in residential care facilities with assigned slots. If a resident should decide to 19 leave a residential care facility prior to the end of a month in which payment is made, there will be no refund except in a 20 case of a medical emergency. Each facility that participates in the Optional Supplement Program must submit a 21 notarized operating cost report. The Department will develop a form to be used by all facilities. The cost information 22 will include income and operating costs for the facility. The Department will develop a time schedule for reports to be 23 submitted. Facilities failing to adhere to the time schedule will not be eligible to receive Optional Supplement 24 payments. Information received by the Department will be consolidated and submitted to the Ways and Means 25 Committee and Senate Finance Committee. 26 35.6. (DSS: Child Day Care Facilities) Notwithstanding the provisions of Act 184 of 1977 as amended relating to 27 child day care facilities, the Department is granted the authority to grant provisional licenses, provisional approvals and 28 provisional registrations to new facilities covered under Articles II, III, and V of Act 184 of 1977 as amended for a 29 period no longer than a year and to grant or extend provisional licenses, provisional approvals and provisional 30 registrations to existing facilities covered under Articles II, III, and V of Act 184 of 1977 as amended but in no case 31 beyond July 1, of the next fiscal year. 32 35.7. (DSS: Employee Supplement) No county shall supplement the salary of any DSS employee. 33 35.8. (DSS: Battered Spouse Funds) Appropriations included in Subprogram II E entitled Battered Spouse shall be 34 allocated through contractual agreement to providers of this service. These appropriations may also be used for public 35 awareness and contracted services for victims of this social problem including the abused and children accompanying 36 the abused. Such funds may not be expended for any other purpose nor be reduced by any amount greater than that 37 stipulated by the Budget and Control Board or the General Assembly for the agency as a whole. 38 35.9. (DSS: Court Examiner Service Exemption) In order to prevent the loss of Federal Funds to the State, 39 employees of the Department of Social Services whose salaries are paid in full or in part from Federal Funds will be 40 exempt from serving as court examiners. 41 35.10. (DSS: Accounts Receivable Procedures) The Department of Social Services will establish, and collect 42 accounts receivable in accordance with appropriate and applicable Federal regulations.
L04 - SECTION 35 - DEPARTMENT OF SOCIAL SERVICES PAGE 494 1 35.11. (DSS: Attorney or Guardian Ad Litem Fees) Effective July 1, of the current fiscal year, any monies 2 appropriated for the payment of attorneys' fees or Guardian ad Litem fees in either abuse and neglect, termination of 3 parental rights, or judicial review cases arising under Section 20-7-480, et. seq. of the SC Code of Laws, (1976, as 4 amended), and adult protective services cases under Section 43-29-10 43-29-5, et. seq. of the SC Code of Laws, (1976, 5 as amended), shall only be paid in accordance with DSS policy which shall include limits on awards and procedures for 6 payment, in due consideration of the Agency's budgetary limitations and specific funds allocated for such purposes. No 7 other fees or costs associated with the above referenced cases shall be paid unless expressly authorized by statute, court 8 rules or DSS policy and provided that sufficient funds have been allocated for such purposes. 9 35.12. (DSS: AFDC Advance Funds) The Department of Social Services is authorized to advance sufficient funds 10 during each fiscal year from the Aid to Families with Dependent Children Assistance Payments general fund 11 appropriations to the Aid to Families with Dependent Children Assistance Payments federal account only for the 12 purpose of allowing a sufficient cash flow in the federal account. The advance must be refunded no later than April of 13 the same fiscal year. Upon the advance of funds as provided herein, the Comptroller General is authorized to process 14 the July voucher for the funding of benefit checks. 15 35.13. (DSS: Fee Schedule) The Department of Social Services shall be allowed to charge fees and accept 16 donations, grants, and bequests for social services provided under their direct responsibility on the basis of a fee 17 schedule approved by the Budget and Control Board. The fees collected shall be utilized by the Department of Social 18 Services to further develop and administer these program efforts. 19 35.14. (DSS: Mentally Disabled Supplement) From the appropriation made herein for General Assistance, the 20 Department may elect to supplement the income of individuals who reside in foster homes or supported independent 21 living arrangements certified by the Department of Mental Health and who qualify as mentally disabled under the 22 definitions of Public Law 92-603, U.S. Code, or who would qualify except for income limitations with the supplement 23 being at the same rate as for other individuals who qualify for General Assistance. The Department shall contract with 24 the Department of Mental Health to ensure that the payments of General Assistance to persons who would not otherwise 25 qualify except for this proviso shall be transferred to the Department from the appropriations made to the Department of 26 Mental Health. 27 35.15. (DSS: Electronic Benefits Transfer System) The funds appropriated herein for the Electronic Benefits 28 Transfer System Project (EBT) shall be used for the development, start-up, and evaluation of the system. The 29 Department of Social Services is directed to proceed with planning for the expansion of the use of the EBT system for 30 other government benefits delivery, beginning with the Aid to Families with Dependent children program. The agency 31 shall submit a status report on the implementation of the system to the members of the Senate Finance and House Ways 32 and Means Committees by July 1, 1996 of the current fiscal year. 33 35.16. (DSS: Food Stamp Fraud) The state portion of funds recouped from the collection of recipient claims in the 34 AFDC and Food Stamp programs shall be retained by the Department. A portion of these funds shall be distributed to 35 local county offices for emergency and program operations. The remaining funds will be used by the Department to 36 fund our Food Stamp Reinvestment Plan and other program operations. 37 35.17. (DSS: AFDC - Immunizations Certificates) The Department shall require all AFDC applicants and/or 38 recipients to provide proof of age appropriate immunizations for children. If such immunizations have not been 39 administered, the Department shall assist in referring applicants to appropriate county health departments to obtain the 40 immunizations. 41 35.18. (DSS: Fees for Court Witness in Child Welfare Services) Effective July 1, 1994, any monies appropriated 42 for the payment of court testimony in either abuse and neglect, termination of parental rights, or judicial review cases
L04 - SECTION 35 - DEPARTMENT OF SOCIAL SERVICES PAGE 495 1 arising under Section 20-7-480, et. seq. of the SC Code of Laws, 1976, as amended, and adult protective service cases 2 under Section 43-35-10(9), et. seq. of the SC Code of Laws, 1976, as amended, shall only be paid in accordance with 3 DSS policy which shall include limits on awards and procedures for payment, in due consideration of the Agency 4 budgetary limitations and specific funds allocated for such purposes. Provided further that DSS shall pay up to a 5 maximum hourly rate to Licensed Psychologists, Social Workers, Nurses, Ministerial Counseling, Family and Marriage 6 Counselors of $60 for counseling and $60 for expert witness fees, to include travel time and DSS shall pay up to a 7 maximum hourly rate to Physicians of $125 for expert witness fees, to include travel time. 8 35.19. (DSS: Foster Care Fingerprint Reviews) Notwithstanding the provisions of Section 20-7-1640, of the SC 9 Code of Laws, 1976, as amended, the Department is authorized to pay from funds appropriated in this section the costs 10 of Federal Bureau of Investigation fingerprint reviews for foster care families recruited, selected and licensed by the 11 Department. 12 13 L12 - SECTION 36 - JOHN DE LA HOWE SCHOOL 14 15 36.1. (JDLHS: Status Offender Carry Forward) To facilitate the period of initial program start-up, unexpended 16 EIA status offender funds distributed to John de la Howe School from the Department of Education may be carried 17 forward and used for the same purpose. 18 19 L24 - SECTION 37 - COMMISSION FOR THE BLIND 20 21 37.1. (BLIND: Matching Federal Funds) For the current fiscal year the amount appropriated in this section under 22 Program II for Rehabilitative Services is conditioned upon matching by federal funds to the maximum amount available 23 under the Federal Vocational Rehabilitation Program. 24 37.2. (BLIND: Horticulture Revenue) Revenues derived from the production of horticulture products by clients of 25 the Adult Adjustment and Training Center may be retained by the Commission and used in the facility for client 26 payments and other production costs. 27 28 L32 - SECTION 38 - HOUSING, FINANCE AND DEVELOPMENT AUTHORITY 29 30 38.1. (HFDA: Federal Rental Assistance Administrative Fee Carry Forward) All federal rental assistance 31 administrative fees shall be carried forward to the current fiscal year for use by the Authority in the administration of the 32 federal programs under contract with the Authority. No State funds are to be used in the administration of these 33 programs. 34 38.2. (HFDA: Program Expenses Carry Forward) For the prior fiscal year monies withdrawn from the Authority's 35 various bond-financed trust indentures and resolutions, which monies are deposited with the State Treasurer to pay 36 program expenses, may be carried forward by the Authority into the current fiscal year. By October 1, of the current 37 fiscal year, a report shall be submitted to the Senate Finance Committee and the House Ways and Means Committee, 38 detailing the amount carried forward and a detailed budget for its expenditure. 39 40 L36 - SECTION 39 - HUMAN AFFAIRS COMMISSION 41 42 39.1. (HAC: Sale of Publication) Up to $4,000 in revenue derived from the sale of `The Blueprint' may be retained
L04 - SECTION 35 - DEPARTMENT OF SOCIAL SERVICES PAGE 496 1 and expended for the purpose of conducting future Human Affairs Forums. Any remaining balance may be expended 2 for the same purpose. 3 39.2. (HAC: Human Affairs Forum Carry Forward) Revenue derived from donations and registration fees 4 received for attendance at the Human Affairs Forum may be retained and carried forward into the current fiscal year and 5 expended for the purpose of conducting future Human Affairs Forums. 6 39.3. (HAC: Training Revenue) Revenue derived from fees charged by the Commission for consultative services, 7 such as training, community relations and technical services, shall be deposited in the General Fund. The Human 8 Affairs Commission may recoup and retain expenses incurred while providing training and technical assistance; 9 reimbursement derived may be used for general operations during the fiscal year. Charges may not exceed the cost of 10 the program. 11 12 L46 - SECTION 40 - COMMISSION ON MINORITY AFFAIRS 13 14 40.1. (CMA: Private Contributions and Sponsorship) Monies derived from private sources for agency research, 15 forums, training and institutes may be retained and expended by the Commission for the said purpose. Any remaining 16 balance may be carried forward and expended for the same purpose. 17 40.2. (CMA: Carry Forward Registration Fees) Revenue derived from registration fees received from training and 18 institutes may be retained and carried forward for the purpose of conducting future training and institutes. 19 40.3. (CMA: Carry Forward Grant Awards) Revenues pooled from public and private sources for the purpose of 20 awarding grants to address problems in the minority community may be retained and carried forward by the 21 Commission. 22 23 N04 - SECTION 41 - DEPARTMENT OF CORRECTIONS 24 25 41.1. (CORR: Clothes/Transportation Upon Discharge) Whenever an inmate shall be discharged from the 26 Department of Corrections, the State Board of Corrections thereof shall furnish such inmate with a suit of common 27 clothes, if deemed necessary, and transportation from the Department of Corrections to his home, if his home be within 28 this State, or to the County from which he was sentenced if his home be without this State. 29 41.2. (CORR: Extended Work Release Program Carry Forward) Revenue derived wholly from supervisory 30 charges paid by inmates participating in the Extended Work Release Program be retained by the Department of 31 Corrections to continue the program. Revenue collected and retained by the Department of Corrections in prior years 32 from the Extended Work Release Program be retained and carried forward to continue the Extended Work Release 33 Program. 34 41.3. (CORR: Farm Program) Notwithstanding any provision of law to the contrary, the proceeds from the sale of 35 all excess agricultural products produced by the Farm Program of the South Carolina Department of Corrections shall be 36 retained by that agency to be utilized in the expansion and modernization of the program. 37 41.4. (CORR: Sale of Products) In addition to sales currently authorized by statute, all articles or products 38 produced by the Department of Corrections may be sold on the open market; those articles or products not provided for 39 by statute, are sold and distributed through wholesalers and jobbers within this State. 40 41.5. (CORR: Habilitation Unit for Developmentally Disabled) Notwithstanding any other provision of law to the 41 contrary, the excess revenue generated by the Adult Work Activity Center be returned to the Department of Corrections 42 to be utilized in the expansion and modernization of the Habilitation Unit for the Developmentally Disabled.
L36 - SECTION 39 - HUMAN AFFAIRS COMMISSION PAGE 497 1 41.6. (CORR: Canteen Operations) Revenue derived wholly from the Canteen operations within the Department 2 of Corrections on behalf of the inmate population, may be retained and expended by the Department for the 3 continuation of the operation of said Canteens and the welfare of the inmate population. The Canteen operation is to be 4 treated as an enterprise fund within the Department of Corrections and is not to be subsidized by State Appropriated 5 Funds. 6 41.7. (CORR: Contract for Services) Upon initiation by the South Carolina Department of Corrections, and upon 7 prior approval by the Budget and Control Board, the Department of Corrections may contract for any and all services, 8 but such services must (1) demonstrate reasonably comparable, cost-effectiveness to traditional methods of construction, 9 (2) result in long-term operational cost-savings, (3) result in the provision of a new facility of sufficient bed, program, 10 and support space more expeditiously than traditional methods, and (4) be subject to the year-to-year appropriation 11 process of the General Assembly and state procurement procedures. 12 41.8. (CORR: Contract Performance Funded Literacy Instruction) Of funds appropriated for the Palmetto Unified 13 School District Contractual Services, $75,000 must be used for contracting with private sector education providers for 14 performance-funded literacy instruction. Contractors would be paid only for student progress on quantifiable 15 performance measurements. 16 41.9. (CORR: E.H. Cooper Trust Fund) Notwithstanding any provision of law to the contrary, the Commissioner 17 of the Department of Corrections, at his discretion, may utilize interest generated from the fund created by interest 18 which accrued to the E.H. Cooper Trust Fund and was retained by the Department of Corrections in prior years. The 19 Commissioner may use these funds for special projects benefiting the general welfare of all inmates in the custody of 20 the Board of Corrections. 21 41.10. (CORR: Work Release Program Transportation Fee) The Department is authorized to charge a one dollar 22 ($1.00) per day transportation fee to participants in the work release program. 23 41.11. (CORR: Instructional Salaries) The certified instructional personnel of the Department of Corrections shall 24 receive a percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the 25 instructional personnel throughout the State. 26 41.12. (CORR: Turbeville Correctional Institution) Funds appropriated herein shall be used for the opening and 27 operating of the Turbeville Correctional Institution during the current fiscal year. 28 41.13. (CORR: Ridgeland Correctional Institution) Of funds appropriated for the Housing, Care, Security and 29 Supervision Other Operating Expenses, $141,758 must be used to provide funding for water and sewer availability for 30 the prison located in Ridgeland, in accordance with contractual commitments. 31 41.14. (CORR: Ridgeland 24-Hour Security) Of funds authorized in this section for Housing, Care and Security, 32 $200,000 and 8 FTEs shall be used to provide 24-hour security at the Ridgeland Correctional Institution. 33 41.15. (CORR: Recreational Scoreboards and Bleachers) The recreational scoreboards and bleachers determined to 34 be surplus by the South Carolina Department of Corrections may be donated by the Department to the school district in 35 which the donating institution is located. In the event the school district does not have need for such equipment, it may 36 then be offered to any school district within the county in which the institution is located. 37 41.16. (CORR: Funding Through State Criminal Assistance Program) All funds received by the State from the 38 United States Department of Justice, State Criminal Alien Assistance Program, for care and custody of illegal aliens 39 housed in the state correctional facilities shall be retained by the South Carolina Department of Corrections to offset 40 incurred expenses. 41 41.17. (CORR: Medical Expenses) The Department of Corrections shall be authorized to charge inmates for any 42 medical treatment or consultation provided at the request of or initiated by the inmate. Inmates shall not be charged for
N04 - SECTION 41 - DEPARTMENT OF CORRECTIONS PAGE 498 1 psychological or mental health visits. 2 41.18. (CORR: Surplus Farm Produce) The Department of Corrections shall be authorized to sell surplus farm 3 produce, with any funds generated to be utilized by the Department to offset costs of the farming operation. 4 41.19. (CORR: Remedial Education Funding) A criminal offender committed to the custody of the Department of 5 Corrections, who has been evaluated to function at less than an eighth grade educational level, or less than the 6 equivalent of an eighth grade educational level, may be required by Department officials to enroll and actively 7 participate in academic education programs. Funds appropriated to the Department of Corrections for educational 8 programs shall be prioritized to assure such remedial services are provided. 9 10 N08 - SECTION 42 - DEPARTMENT OF PROBATION, PAROLE AND PARDON 11 12 42.1. (DPPP: Hearing Fee) The Department of Probation, Parole and Pardon Services shall receive a hearing fee 13 under a plan approved by the Budget and Control Board. 14 42.2. (DPPP: Electronic Monitoring Fee Assessment) Every person placed on electronic monitoring shall be 15 assessed a fee to be determined by the Department in accordance with SC Code §24-21-80, so long as he remains in the 16 electronic monitoring program. The payment of the fee must be a condition of parole or probation and a delinquency of 17 two months or more in making payments may operate as a revocation. All fees generated by this assessment shall be 18 retained by the department to support the electronic monitoring program and carried forward for the same purpose. 19 42.3. (DPPP: Electronic Monitoring Program) Of the funds appropriated to the Department of Probation, Parole 20 and Pardon Services for community corrections, other operating expenses, the Department may expend up to 21 $1,333,333 for the expansion of existing community electronic monitoring of criminal offenders under the jurisdiction 22 of the Department. In addition, before September 1, 1996, the Department shall develop and submit a plan to the Senate 23 Corrections and Penology Committee and the House Judiciary Committee identifying additional offender populations to 24 be placed on electronic monitoring and any necessary statutory revisions or additional funding required in order to fully 25 implement this plan. Offenders placed on electronic monitoring must be selected pursuant to criteria developed by the 26 Department, and no offenders may be placed on electronic monitoring unless the offender is in a population that is 27 within the purview of the Department's electronic monitoring authority. 28 42.4. (DPPP: Restitution Collection) All funds generated by the twenty percent collection fee in accordance with 29 S.C. Code 24-21-490 (B) shall be retained by the Department to support the Restitution Collection Program and shall 30 be carried forward for the same purpose. 31 32 N12 - SECTION 43 - DEPARTMENT OF JUVENILE JUSTICE 33 34 43.1. (DJJ: Meal Ticket Revenue) The revenue generated from sale of meal tickets by the Department of Juvenile 35 Justice shall be retained and carried forward into the current fiscal year by the agency and expended for the operation of 36 the agency's cafeterias and food service programs. 37 43.2. (DJJ: Interstate Compact/Juvenile Restitution Programs Revenue) The revenue returned to the Interstate 38 Compact Program and the revenue returned from the Juvenile Restitution Program shall be retained and carried forward 39 into the current fiscal year by the Agency and expended for the Operation of the respective program areas. 40 43.3. (DJJ: Educational Funds Audit) Notwithstanding the provisions of the Education Finance Act, the South 41 Carolina Department of Juvenile Justice shall have its educational funds audited by the Office of the State Auditor 42 pursuant to a schedule established by the State Auditor, and said audit shall be sufficient to satisfy the timetable for
N04 - SECTION 41 - DEPARTMENT OF CORRECTIONS PAGE 499 1 audits required in Regulation 43175. 2 43.4. (DJJ: Children's Projects Revenue) Funds generated from the projects undertaken by children under the 3 supervision of the Department of Juvenile Justice may be retained by the Department and utilized for the benefit of 4 those children. Such funds may be carried forward into the following fiscal year. 5 43.5. (DJJ: Report on Children Detained Before Adjudication) The South Carolina Department of Juvenile Justice 6 shall compile data for one year following the effective date of an Act of 1990 passed pursuant to Senate Bill 1485, and 7 that data must reflect the total number of children detained before adjudication, the reasons for those detentions, the 8 average length of those detentions, the percentage of children needing treatment services, and the types of treatment 9 services needed including, but not limited to, the number of children needing mental health services and the number of 10 children needing alcohol and drug abuse treatment. This data must be reported on a quarterly basis to the Joint 11 Legislative Committee on Children. 12 43.6. (DJJ: Revenues Generated) All revenues generated from USDA federal grants, the Education Finance Act 13 (EFA), the Detention Center, and Medicaid federal funding may be retained, carried forward into current fiscal year, and 14 expended by the Department of Juvenile Justice, in accordance with applicable regulations, for the costs associated with 15 these programs. 16 43.7. (DJJ: Instructional Salaries) The certified instructional personnel of the Department of Juvenile Justice shall 17 receive a percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the 18 instructional personnel throughout the State. 19 43.8. (DJJ: Juvenile Justice Parole Board Compensation) The Department is authorized to pay the Juvenile Justice 20 Parole Board member up to $200 per day for services rendered to the agency in the performance of their official duties. 21 The total amount of agency funds which can be utilized in this manner cannot exceed $48,000 per year. 22 43.9. (DJJ: Electronic Monitoring Program) Of the funds appropriated to the Department of Juvenile Justice for 23 community corrections, other operating expenses, the Department may expend up to $666,667 for the creation of 24 community electronic monitoring of juvenile offenders under the jurisdiction of the Department. In addition, before 25 September 1, 1996, the Department shall develop and submit a plan to the Senate Corrections and Penology Committee 26 and the House Judiciary Committee identifying additional offender populations to be placed on electronic monitoring 27 and any necessary statutory revisions or additional funding required in order to fully implement this plan. Offenders 28 placed on electronic monitoring must be selected pursuant to criteria developed by the Department, and no offenders 29 may be placed on electronic monitoring unless the offender is in a population that is within the purview of the 30 Department's electronic monitoring authority. 31 43.10. (DJJ: CCA Oversight Team) DELETED 32 33 P12 - SECTION 44 - FORESTRY COMMISSION 34 35 44.1. (FC: Surplus Property Exemption) The South Carolina Forestry Commission may retain and apply all 36 receipts, less the cost of disposition incurred by the Division of Operations - Office of General Services, from the sale of 37 surplus forest firefighting equipment toward the purchase of forest firefighting equipment. 38 44.2. (FC: Ladies Island Fire Tower/Pickens Area Office) The South Carolina Forestry Commission is authorized 39 to sell 1.02 acres of real property with improvements, known as Ladies Island Fire Tower site located in Beaufort 40 County and to use the receipts from the sale for construction of the Pickens Area Office and in the Commission's Capital 41 Improvements Program.
N12 - SECTION 43 - DEPARTMENT OF JUVENILE JUSTICE PAGE 500 1 44.3. (FC: Grant Funds Carry Forward) The S.C. Forestry Commission is authorized to use unexpended federal 2 grant funds in the current year to pay for expenditures incurred in the prior year. 3 44.4. (FC: Field Trials Permit Fee) DELETED 4 44.5. (FC: Forestry Warden Technician Training Program) Of the funds appropriated herein, $175,000 shall be 5 used to provide personal service funds for forest fire wardens who enroll in the Forestry Warden Technician Program. 6 Forest wardens will be awarded a ten percent increase upon enrollment in the Forestry Warden Technician Training 7 Program. An additional ten percent increase will be awarded upon satisfactory completion of the Forest Warden 8 Technician Training Program. 9 10 P16 - SECTION 45 - DEPARTMENT OF AGRICULTURE 11 12 45.1. (AGRI: Market Bulletin) The Market Bulletin shall be mailed only to those persons who request it in writing 13 and a record of each request shall be maintained by the Department. The Department shall biennially purge the 14 subscription list through use of a coupon printed in the Bulletin. 15 45.2. (AGRI: Fruit/Vegetable Inspectors Subsistence) A daily subsistence allowance of up to $30.00 may be 16 allowed for temporarily employed fruits and vegetables inspectors from funds generated by fruits and vegetables 17 inspection fees and budgeted under Other funds in Program IV Marketing Services, E. Inspection Services, in lieu of 18 reimbursements for meals and lodging expense. 19 45.3. (AGRI: Commodity Boards Expenditures) Expenditures made for the various Commodity Boards (as 20 budgeted under Other funds in Program IV.C. Marketing Services: Commodity Boards) are exempt from regulations 21 under the Procurement Act of 1981. 22 45.4. (AGRI: Mobile Lab Fee) The Commissioner of Agriculture may set a nominal fee, not to exceed ten dollars, 23 per analysis performed by the Department's mobile laboratory. These fees may be retained and expended by the 24 Department of Agriculture to offset other operating expenses incurred by the mobile laboratory. 25 26 P20 - SECTION 46 - CLEMSON UNIVERSITY - PSA 27 28 46.1. (CU-PSA: Revenue Credited to General Fund) All revenues derived from the Regulatory and Public Service 29 Division covered in this section must be remitted to the credit of the General Fund. 30 46.2. (CU-PSA: Employer Contributions Carry Forward) That amount accrued and expended for employer 31 contributions associated with accrued salaries and wages but not remitted by June 30, of the prior fiscal year, may be 32 carried forward to the current fiscal year. 33 46.3. (CU-PSA: Pesticide Revenue) The first $140,000 in revenue from pesticide registration fees must be 34 retained by Regulatory and Public Service Programs to apply to expenses of centralizing its personnel and relocating its 35 laboratories from the Poole Agricultural Center. All revenues collected from pesticide registration fees in excess of 36 $140,000 and up to $50,000 of revenues collected from Structural Pest Control Businesses for Business licensing must 37 be retained by Regulatory and Public Service Programs to carry out provisions of the S.C. Pesticide Control Act as 38 amended and pursuant to regulations related to this Act. 39 46.4. (CU-PSA: Phytosanitary Certificates) Revenues collected from the issuance of phytosanitary certificates 40 shall be retained by the Division of Regulatory and Public Service for the purpose of carrying out phytosanitary 41 inspections. 42 46.5. (CU-PSA: Witness Fee) The Public Service Activities of Clemson University are hereby authorized to
P12 - SECTION 44 - FORESTRY COMMISSION PAGE 501 1 charge a witness fee of $100.00 per hour up to $400.00 per day for each employee testifying as an expert witness in civil 2 matters which do not involve the State as a party in interest. This fee shall be charged in addition to any court 3 prescribed payment due as compensation or reimbursement for judicial appearances and deposited into a designated 4 revenue account. 5 6 P24 - SECTION 47 - DEPARTMENT OF NATURAL RESOURCES 7 8 47.1. (DNR: County Funds) Funds belonging to each of the counties of the State, now on hand or hereafter 9 accruing to the counties, shall be expended on approval of a majority of the respective county delegation, including the 10 resident senator or senators, if any. An annual accounting for all such funds and expenditures shall be furnished by the 11 Department to each member of each county delegation; it being the intent of the General Assembly that the 12 appropriations made in this section are conditioned upon compliance with this requirement. In addition to the annual 13 accounting required above, the Department shall make a proposal for expenditures of such funds in the succeeding fiscal 14 year in each county to the members of the respective county legislative delegation, including the resident senator or 15 senators, if any; and upon approval thereby shall proceed with the use of such funds in compliance with the finalized 16 and approved plan as approved by each legislative delegation. If no plan is approved, the expenditure of such funds is 17 to be administered as determined by the various legislative delegations. 18 47.2. (DNR: County Game Funds/Equipment Purchase) Any equipment purchased by the Department from county 19 game funds on approval of a majority of a county delegation, including the resident senator or senators, if any, shall 20 remain in that county upon the request of a majority of the respective county delegation, including the resident senator 21 or senators, if any, and if sold by the Department, the proceeds of such sale shall be credited to such county game fund. 22 Expenditures from the County Game Fund and the Water Recreation Resource Fund which have the approval of the 23 county delegation shall be exempt from the provisions of Act 651 of 1978, as amended. 24 47.3. (DNR: Armed Forces Fishing/Hunting License) Any member of the armed forces of the United States who is 25 a resident of South Carolina stationed outside of the state, shall upon presentation of his official furlough or leave 26 papers, be allowed to fish or hunt without purchasing a fishing or hunting license. 27 47.4. (DNR: Fisheries) Notwithstanding the provisions of Section 50-9-460, one-half of all proceeds from the 28 sales under 50-9-460 shall be allocated to the Department for the propagation and conservation of fisheries resources. 29 47.5. (DNR: Publications Revenue) For the current fiscal year all revenue generated from the sale of the 'South 30 Carolina Wildlife' magazine, its by-products and other publications, shall be retained by the Department and used to 31 support the production of same in order to allow the magazine to become self-sustaining. 32 47.6. (DNR: Casual Sales Tax Collection) The Department of Natural Resources shall continue to collect the 33 casual sales tax as contained in the contractual agreement between the Department of Revenue and Taxation and the 34 Department of Natural Resources and the State Treasurer is authorized to reimburse the Department on a quarterly basis 35 for the actual cost of collecting the casual sales tax and such reimbursement shall be paid from revenues generated by 36 the casual sales tax. 37 47.7. (DNR: Temporary Transfer of Conservation Officers) Without expending additional personal service funds, 38 conservation officers may be temporarily transferred for a period not to exceed six months, to counties requiring 39 additional law enforcement manpower. When a conservation officer is transferred under the authority of this provision, 40 any county game funds which are expended for the acquisition of supplies and equipment must be expended from the 41 game fund of the county to which the officer is transferred. 42 47.8. (DNR: General Assistance County Appropriation) The appropriations in this section for "Aid To
P24 - SECTION 47 - DEPARTMENT OF NATURAL RESOURCES PAGE 502 1 Conservation Districts" shall be used by the Soil and Water Conservation Districts for general assistance to the district's 2 program. No district shall receive any funds under this provision unless the county or counties wherein the district is 3 located shall have appropriated no less than three hundred dollars to the district from county funds for the same 4 purposes. 5 47.9. (DNR: Proportionate Funding) Each of South Carolina's 46 Soil and Water Conservation Districts shall 6 receive a proportionate share of funding set aside for Aid to Conservation Districts up to $8,000 per district. Available 7 funding above $8,000 for each district will be apportioned by the Department of Natural Resources based upon local 8 needs and priorities as determined by the Board. 9 47.10. (DNR: Carry Forward - Contract for Goods & Services) If any funds accumulated by the Department of 10 Natural Resources Geology Program, under contract for the provision of goods and services not covered by the 11 Department's appropriated funds, are not expended during the preceding fiscal years, such funds may be carried forward 12 and expended for the costs associated with the provision of such goods and services. 13 47.11. (DNR: Revenue Carry Forward) The Department may collect, expend and carry forward revenues derived 14 from the sale of goods and services in order to support aerial photography, map services, climatology data and 15 geological services. The Department shall annually report to the Ways and Means and Senate Finance Committees the 16 amount of revenue generated from the sale of these goods and services. 17 47.12. (DNR: Clothing Allowance) The Department of Natural Resources is hereby authorized to provide Natural 18 Resource Enforcement Officers on special assignment with an annual clothing allowance (on a prorata basis) not to 19 exceed $400 per officer for required clothing used in the line of duty. 20 47.13. (DNR: Purchase of Jocassee Gorges) Of the funds expended for land acquisition by Heritage Trust of the 21 Department of Natural Resources, at least one half of the funds shall be applied to purchase land in the Jocassee 22 Gorges. In the event that funds for the purchase of Jocassee Gorges is included in the Bond Bill, then the Heritage 23 Trust of the Department of Natural Resources is relieved of the requirements of this proviso. 24 47.14. (DNR: Field Trial Permits) Pursuant to R.123-96 (Field Trial Regulations), field trial permit requests are to 25 be accompanied by a payment of twenty dollars per trial. 26 47.15. (DNR: Pagers Service Fee) Upon the request of a county delegation, the Department of Natural Resources 27 shall pay the minimum monthly service fee for pagers issued to the Department of Natural Resources law enforcement 28 officers from the funds expended by the Department of Natural Resources for operating expenses. 29 47.16. (DNR: Richland County Water Recreational Resources Fund) Of the funds allocated to the Water 30 Recreational Resources Fund for Richland County and upon the approval of the county delegation, $60,000 from the 31 county's Water Recreational Resources Fund shall be used for renovation of the Lake Murray Tourism Visitors Center. 32 33 P26 - SECTION 48 - SEA GRANT CONSORTIUM 34 35 48.1. (SGC: Publications Revenue) Funds generated by the sale of pamphlets, books, and other printed materials, 36 the production of which has been supported by non-state funding, may be deposited in a special account by the 37 Consortium and utilized as Other Funds for the purchase of additional pamphlets, books, and other printed materials for 38 distribution to the public. 39 40 P28 - SECTION 49 - DEPARTMENT OF PARKS, RECREATION AND TOURISM 41 42 49.1. (PRT: Canadian Day) The Department when expending the $85,000 appropriation herein contained for a
P24 - SECTION 47 - DEPARTMENT OF NATURAL RESOURCES PAGE 503 1 Canadian Promotion shall designate one day of such promotion as "Canadian Day" and notwithstanding any other 2 provision of law, all Canadians shall be allowed admittance to state parks and use of park camping facilities on 3 Canadian Day free of charge. 4 49.2. (PRT: Boyleston House Gift/Souvenir Shop Revenue) Any monies derived from the Gift/Souvenir Shop at 5 the Boyleston House must be used for the continuing operation of same. 6 49.3. (PRT: Publications Revenue) The Department is authorized to charge a fee for the cost of vacation guides, 7 research reports, educational conferences, technical planning assistance, technical drawings, and mailing lists. The fee 8 shall offset the actual cost of producing or providing such items and revenue in an amount necessary to offset actual 9 cost shall be retained in a restricted account. Any revenue generated above the actual cost shall be remitted to the 10 General Fund of the State. 11 49.4. (PRT: Tourism Funds Sharing Grants) Notwithstanding any other provision of law or appropriation herein 12 contained, the Horry-Georgetown Tourism Commission is not eligible to receive any tourism funds-sharing grants. 13 49.5. (PRT: Scholarship Program) The Department of Parks, Recreation and Tourism is hereby authorized to 14 establish a scholarship program with Clemson University, South Carolina State University, Sumter Technical College, 15 Trident Technical College, Horry-Georgetown Technical College, Technical College of the Low Country, and other 16 South Carolina institutions of higher education for the purpose of assisting students majoring in park-related fields such 17 as park management, interpretation or conservation relative to potential future employment with the State Parks 18 Division. 19 49.6. (PRT: Employee Bonus) Notwithstanding any other provision of law, the Department of Parks, Recreation 20 and Tourism shall be allowed to spend monies to provide selected employees a one-time lump sum bonus not to exceed 21 $1,000, based on objective guidelines established by the Budget and Control Board. The Department shall maintain 22 documents verifying that the bonuses funded were from savings resulting from increased efficiency in their operations. 23 Also, agencies using Federal funds for the bonus must show that the use of these funds is in compliance with Federal 24 law. This payment is not a part of the employee's base salary and is not earnable compensation for purposes of 25 employee and employer contributions to respective retirement systems. 26 49.7. (PRT: Flexibility in Employee Pay Increases) Provided that the Department of Parks, Recreation and 27 Tourism's operating expenses are funded solely by earned revenue, the agency is granted the flexibility to determine the 28 extent of PRT employee pay increases for FY 97-98. All revenues earned by PRT in excess of the projected $45.8 29 million in FY 97-98, shall be solely devoted to providing employee pay increases up to the percentage, and in a manner 30 so designated by the State of South Carolina. 31 49.8. (PRT: State Park Funding) No funds appropriated or authorized in Part IA shall be utilized for advertising 32 by the S.C. Department of Parks, Recreation and Tourism in the event that a state park is closed or management 33 responsibility is transferred to another entity without the express approval of a majority of the resident Senate and a 34 majority of the resident House members of the county delegation in which a state park is located. The department shall 35 develop an implementation plan for each park and, if an effective reduction in the level of services is planned, the 36 department shall review the changes with the county delegation in which the state park is located. 37 49.9. (PRT: PRT Report Submission) In the event that the department prepares an inventory or analysis of the state 38 parks as part of the Programs and Services Division, it shall submit a copy of the report to each member of the General 39 Assembly.
P28 - SECTION 49 - DEPARTMENT OF PARKS, RECREATION AND TOURISM PAGE 504 1 P32 - SECTION 50 - DEPARTMENT OF COMMERCE 2 3 50.1. (CMRC: Development - Publications Revenue) The proceeds from the sale of publications may be retained 4 in the agency's printing, binding, and advertising account to offset increased costs. 5 50.2. (CMRC: Development - Enterprise Development Inc. Contract) The Division of State Development may 6 contract with Enterprise Development, Inc. of South Carolina to provide and perform the following functions: 7 1. State Enterprise Development Strategy to include: 8 a) Technical/management assistance to emerging businesses; 9 b) Risk capital development for emerging businesses; 10 c) Incubator system (emphasis on industry and university-linked 11 incubators) to nurture high growth business ventures; 12 d) Strategic marketing to emerging businesses; 13 e) Regional enterprise development coordination. 14 2. Comprehensive approach to technology transfer to include all industries. 15 3. Educational environment for entrepreneurial development. 16 4. Statewide business information center. 17 These contractual services may be funded through the transfer of up to $550,000 of budgetary monies from the 18 Division of State Development. The corporation, as a condition of receiving the contract, must provide in its charter 19 that the Chairmen of the House Ways and Means Committee and the Senate Finance Committee, or their designees, are 20 ex-officio members of the corporate board. 21 50.3. (CMRC: Economic Dev. Coordinating Council - SCIP Carry Forward) From the amount set aside in 12-27- 22 1270, the Council is authorized to use up to $60,000 to continue to contract with the Division of State Development for 23 the development of the South Carolina Infrastructure-Economic Development Planning Project (SCIP) utilizing 24 Geographic Information Systems, GIS. Any balance on June 30 of the prior fiscal year may be carried forward and 25 expended for the same purposes in the current fiscal year. 26 50.4. (CMRC: Savannah Valley - Carry Forward) The Division of Savannah Valley Development is hereby 27 authorized to carry forward unexpended funds, regardless of their origin, for the authorized purposes of the 28 Development as specified in its legislation. 29 50.5. (CMRC: Aeronautics - Civil Air Patrol) The funds appropriated in this section under program VII.T "Civil 30 Air Patrol" shall be expended by the Civil Air Patrol so as to discharge the State's obligations in conjunction with the 31 Civil Air Patrol as outlined in the SARDA Plan, the S. C. Operational Radiological Emergency Response Plan, and 32 assist County and local authorities and other State agencies insofar as permitted by the regulations governing the Civil 33 Air Patrol. All expenditures for equipment and services shall be in accordance with State fiscal policies. 34 50.6. (CMRC: Aeronautics - Reimbursement for Services Carry Forward) The Division of Aeronautics may retain 35 and expend reimbursements derived from charges to other government agencies for service and supplies for operating 36 purposes and that a reserve not to exceed $300,000 may be carried forward to the current fiscal year for the replacement 37 of time limit aircraft components. 38 50.7. (CMRC: Aeronautics - Air Force Office Space Rental) Revenue received for rental of office space to the U. 39 S. Air Force may be retained and expended to cover the cost of building operations. 40 50.8. (CMRC: Aeronautics - Cost of Utilities) The Division of Aeronautics shall not pay for all or any portion of 41 the cost of utilities at any airport or facility except for buildings occupied by the Division of Aeronautics. 42 50.9. (CMRC: Aeronautics - Funding Sequence) All General Aviation Airports will receive funding prior to the
P32 - SECTION 50 - DEPARTMENT OF COMMERCE PAGE 505 1 four air carrier airports (i.e. Columbia, Charleston, Greenville-Spartanburg, Myrtle Beach Jetport) as these qualify for 2 special funding under the DOT/FAA appropriations based on enplanements in South Carolina. This policy may be 3 waived to provide matching State funds for critical FAA safety or capacity projects at air carrier airports. 4 50.10. (CMRC: Aeronautics - Hangar/Parking Facilities) The Division of Aeronautics will provide hangar/parking 5 facilities for government owned and/or operated aircraft on a first come basis. The funds collected are to be deposited 6 to the General Fund. The Hangar Fee Schedule shall be as follows: 7 Single Engine - $ 50.00 per month 8 Twin Engine - $ 75.00 per month 9 Jet/Turboprop - $100.00 per month 10 Helicopter - $ 75.00 per month 11 Permanent parking/tie down space will be provided at the rate of $20.00 per month for single engine aircraft, or $30.00 12 per month for twin engine aircraft. Personnel from the agencies owning and/or operating aircraft will be responsible for 13 ground movement of their aircraft. 14 50.11. (CMRC: Aeronautics - Airport Planning/Development Studies Carry Forward) Any unexpended balance on 15 June 30, of the prior fiscal year, of appropriations to the Division for airport planning and development studies may be 16 carried forward into the current fiscal year, and expended for the same purposes. 17 50.12. (CMRC: Aeronautics - Airport Development) Any line item appropriation for airports shall be disbursed for 18 eligible airport development items as approved by the Division. 19 50.13. (CMRC: Aeronautics - Clothing Allowance) The Division of Aeronautics is hereby authorized to provide 20 pilots with an annual clothing allowance (on a pro rata basis) not to exceed $400 per pilot for required clothing used in 21 the performance of their primary duty. 22 50.14. (CMRC: Contributions Carry Forward) The Department of Commerce is authorized to carry forward 23 unexpended contributions received from member agencies of the Economic Development Coordinating Council to be 24 used for operating expenses and to offset contributions in the current fiscal year. 25 50.15. (CMRC: Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, for 26 Matching National Grant Funds, may be carried forward to the current fiscal year and used for matching committed 27 and/or unanticipated grant funds. 28 50.16. (CMRC: Supplemental Carry Forward) Any unexpended funds from FY 94 Supplemental Appropriation Act 29 (#528), Section 3(11) and Section 3(42) for airport improvements may be carried forward from FY 95 into FY 96 and 30 expended for the same purpose. 31 50.17. (CMRC: Carry Forward Sale of Aircraft Proceeds) The Department of Commerce may carry forward 32 proceeds from the sale of aircraft to be used for replacement aircraft. 33 34 R04 - SECTION 54 - PUBLIC SERVICE COMMISSION 35 36 54.1. (PSC: Assessment Certification) The Public Service Commission shall certify to the Department of Revenue 37 and Taxation the amounts to be assessed to cover appropriations in this section as follows: (1) the amount applicable to 38 the assessment on public utility, telephone utility, radio common carrier and electric utility companies as provided for 39 by Section 58-3-100, Code of Laws of 1976, (2) the amount to be assessed against gas utility companies as provided for 40 in Section 58-5-940, Code of Laws of 1976, (3) the amount to be assessed against electric light and power companies as 41 provided for in Sections 58-3-100 and 58-27-50, Code of Laws of 1976, and (4) the amount to be covered by revenue 42 from motor transport fees as provided for by Section 58-23-630, and other fees as set forth in Section 58-3-100, Code of
P32 - SECTION 50 - DEPARTMENT OF COMMERCE PAGE 506 1 Laws of 1976. The amount to be assessed against railroad companies shall consist of all expenses related to the 2 operations of the Railway subprogram of the Agency's Transportation Division, to include the related distribution of 3 salary increments and employer contributions not reflected in the related subprogram of this Act as set forth in Section 4 58-3-100, Code of Laws of 1976. 5 54.2. (PSC: Indirect Cost) The assessment certification prepared for the Department of Revenue and Taxation 6 shall include an allocation of indirect cost as approved by the Budget and Control Board representing the Public Service 7 Commission's proportionate share of the cost of central State government. 8 54.3. (PSC: Motor Transport Fee Refund) The Motor Transport Division of the Public Service Commission is 9 hereby authorized to make refunds of fees which were erroneously collected. 10 54.4. (PSC: Certification Assessment for Commission Expenses) The Public Service Commission shall make such 11 certification as required under Section 58-3-100, Code of Laws of 1976. 12 54.5. (PSC: Attorneys Appointment) The three attorneys provided for in this section under Program I 13 "Administration" shall be appointed by the Commission with the approval of the Attorney General and be assigned to 14 the Commission. 15 54.6. (PSC: Maximum Salary Limit) The salaries of the chairman and the commissioners as provided in this 16 section shall not be construed as limiting the maximum salary which may be paid to other employees of the Public 17 Service Commission. 18 54.7. (PSC: Commissioners Out-of-State Allowance) When out-of-state, Public Service Commissioners are 19 allowed $50.00 per diem or actual expenses as deemed reasonable by the Comptroller General. 20 54.8. (PSC: Employee Bonus) DELETED 21 22 R08 - SECTION 55 - WORKERS' COMPENSATION COMMISSION 23 24 55.1. (WCC: Physicians & Surgeons Schedule of Fees Revenue) All revenue earned from the sale of the 25 Commission's publication Schedule of Fees for Physicians and Surgeons shall be retained by the agency to be used for 26 the printing and distribution of subsequent revised editions of the schedule. 27 55.2. (WCC: Educational Seminar Revenue) Beginning in FY 94-95, all revenue earned from educational 28 seminars shall be retained by the agency to be used for the printing of educational materials and other expenses related 29 to conducting the seminar. 30 55.3. (WCC: Commissioners Out-of-State Allowance) When out-of-state, Workers' Compensation Commission 31 commissioners are allowed $50.00 per diem or actual expenses as deemed reasonable by the Comptroller General. 32 55.4. (WCC: Self-Insurance Application Fees) All fees collected for processing self-insurance applications shall 33 be retained by the agency to be used in support of the Self-Insurance Division. 34 35 R12 - SECTION 56 - STATE ACCIDENT FUND 36 37 56.1. (SAF: Medical Claims Penalty Clause) Medical claims against the State Accident Fund shall not be subject 38 to 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 39 1982, until such claims are approved by the Workers' Compensation Commission and received by the Fund. 40 56.2. (SAF: Volunteer Fire/Rescue Squads Coverage) Notwithstanding any other provision of law, voluntary 41 firemen of organized volunteer fire units and members of organized volunteer rescue squads are covered under workers' 42 compensation by the county governing body unless the governing body of the county opts out of the coverage.
R04 - SECTION 54 - PUBLIC SERVICE COMMISSION PAGE 507 1 56.3. (SAF: Educational Seminar Revenue) The State Accident Fund is authorized to set and collect fees for 2 educational seminars. All revenue earned from educational seminars shall be retained by the agency and used for 3 supplies, materials, and other expenses relating to the seminars. 4 5 R20 - SECTION 59 - DEPARTMENT OF INSURANCE 6 7 59.1. (INS: Rate Division Auto Insurers Assessment) The costs of operating the Rate Division shall be borne by 8 insurers of automobile insurance. Not later than sixty days after the effective date of this Act, the Chief Insurance 9 Commissioner shall assess each automobile insurer for its just proportion of the amount appropriated by the General 10 Assembly herein for the operation of the Rate Division, such amount to also include appropriated salary adjustments 11 and employer contributions allocable to the Rate Division. Such assessments shall be in the proportion that each 12 insurer's preceding calendar year direct written premium for automobile insurance in this State bears to the total direct 13 written premium for all insurers of automobile insurance in this State during such preceding calendar year. For 14 purposes of this section, direct written premium shall be as reflected in the latest annual statements of automobile 15 insurers in this State filed with the Commissioner. Funds appropriated by the General Assembly for the operation of the 16 Rate Division shall be advanced by the State until the assessments levied herein are collected and deposited in the 17 General Fund of the State. 18 59.2. (INS: Examiners Travel/Subsistence Reimbursement) Notwithstanding the limitations in this Act as to 19 amounts payable or reimbursable for lodging, meals, and travel, the Department of Insurance is authorized to reimburse 20 Department examiners in accordance with guidelines established by the National Association of Insurance 21 Commissioners only when the State is reimbursed by an insurance company for the travel and subsistence expenses of 22 Insurance Department examiners pursuant to S. C. Code Section 38-13-10, 1976. 23 59.3. (INS: Reimbursement Carry Forward) Reimbursements received for Data Processing Services, Revenue, 24 Miscellaneous Revenue and Sale of Listings and Labels shall be retained for use by the Department. These funds may 25 be carried forward in the current fiscal year to be expended for the same purposes. 26 27 R23 - SECTION 60 - STATE BOARD OF FINANCIAL INSTITUTIONS 28 29 60.1. (FI: Supervisory Fees) The Board of Financial Institutions shall fix supervisory fees of banks, savings and 30 loan associations and credit unions on a scale which, together with fees collected by the Consumer Finance Division 31 will fully cover the total funds expended under this section. 32 33 R28 - SECTION 61 - DEPARTMENT OF CONSUMER AFFAIRS 34 35 61.1. (CA: Consumer Protection Code Violations Revenue) Funds, paid to the Department in settlement of cases 36 involving violations of the South Carolina Consumer Protection Code and other statutes enforced by the Department be 37 retained and expended within the agency's budget to help offset the costs of investigating, prosecuting, and the 38 administrative costs associated with these violations, may be carried forward and expended for the same purposes in the 39 current fiscal year. 40 61.2. (CA: Student Athlete/Agents Registration) Funds received by the Department of Consumer Affairs pursuant 41 to registrations under Chapter 102 of Title 59 of the 1976 Code may be retained by the Department for its enforcement 42 duties relating to athlete agents and student athletes under that chapter.
R20 - SECTION 59 - DEPARTMENT OF INSURANCE PAGE 508 1 61.3. (CA: Expert Witness/Assistance Carry Forward) Unexpended encumbered appropriated funds for the 2 Consumer Advocacy expert witness/assistance program (under Section 37-6-603) may be carried forward into the next 3 fiscal year to meet contractual obligations existing at June 30, and not paid by July 31. 4 5 R36 - SECTION 62 - DEPARTMENT OF LABOR, LICENSING AND REGULATIONS 6 7 62.1. (LLR: Fire Marshal - Authorization to Charge Fees for Training) The Fire Academy of the State Fire 8 Marshal Division may charge participants a fee to cover the cost of education, training programs and operations. The 9 revenue generated may be applied to the cost of operations, and any unexpended balance may be carried forward to the 10 current fiscal year and utilized for the same purposes. 11 62.2. (LLR: Real Estate Research & Education Program Funds) Any funds on deposit with the State Treasurer for 12 research and education programs of the Real Estate Commission shall be remitted to the General Fund of the State. 13 62.3. (LLR: Real Estate - Research & Education Projects) All funds appropriated, in this section, for Research and 14 Education projects shall be funded wholly, out of the Real Estate Commission authorized allocation of five dollars from 15 each annual renewal fee. All funds appropriated in this section, for Research and Educational projects shall be 16 expended for the purpose designated. 17 62.4. (LLR: Real Estate News Publication) The South Carolina Real Estate News, published at least quarterly by 18 the Real Estate Commission, shall be exempt from Section 11-25-690, SC Code of Laws, (1976, as amended). 19 62.5. (LLR: Real Estate - Special Account) Revenue in the Real Estate Appraisal Registry account shall not be 20 subject to fiscal year limitations and shall carry forward each fiscal year for the designated purpose. 21 62.6. (LLR: S.C. Building Code Council) All funds received by the Building Codes & Regulatory Services for the 22 S.C. Building Code Council which exceed the total amount of expenditures for operating expenses of the Council shall 23 be deposited in the General Fund of the State. 24 62.7. (LLR: POLA - 110%, Other Funds) The Professional and Occupational Licensing Agencies in Program "IV. 25 Professional and Occupational Licensing Offices", within the Department of Labor, Licensing, and Regulation, must 26 generate revenue at least equal to 110% of their expenditures with 10% deposited to the General Fund. The Contractor's 27 Licensing Board must remit all revenues above their expenditures to the General Fund, which includes the 10%. 28 62.8. (LLR: Fallen Firefighters Memorial) The Department of Labor, Licensing and Regulations - Division of the 29 State Fire Marshal is authorized to erect a memorial on the South Carolina Fire Academy grounds in honor of the South 30 Carolina Firefighters who have died in the act of duty. In order to carry out the purpose of this section, the Department's 31 State Fire and Safety Division is authorized to establish a special account and accept gifts or grants of services, 32 properties or monies from individuals or public and private organizations. The Department shall cooperate with the 33 S.C. State Fire Fighters Association as to design, selection and construction of the monument to be erected and shall be 34 authorized to use such funds as necessary. All excess monies collected are to be placed in a fund for upkeep and 35 maintenance. Any later contributions are to be used for upkeep and maintenance. 36 37 R44 - SECTION 63 - DEPARTMENT OF REVENUE 38 39 63.1. (DOR: Alcoholic Liquor Revenues) Appropriations in this Act to cover the cost of the administration and 40 enforcement of alcoholic liquor laws by the Department of Revenue and Taxation and appropriations in this Act for 41 expenses of the State Law Enforcement Division - ABC Enforcement shall be deducted from the total revenues from 42 alcoholic liquors before distributions of such revenues to the counties and municipalities of the State and such amounts
R36 - SECTION 62 - DEPARTMENT OF LABOR, LICENSING AND REGULATION PAGE 509 1 withheld shall be remitted to the General Fund of the State. 2 63.2. (DOR: Cost Recovery Fee) The Department of Revenue and Taxation may collect fees to recover the costs 3 of the production, purchase, handling and mailing of documents, publications, records and data sets, and such funds 4 shall be retained by the Agency. 5 63.3. (DOR: Subpoenaed Employee Expense Reimbursement) If any employee of the Department of Revenue and 6 Taxation is subpoenaed to testify during litigation not involving the Department of Revenue and Taxation, the party 7 subpoenaing the employee(s) to testify shall reimburse the State for expenses incurred by the employee(s) requested to 8 testify. Expenses shall include but are not limited to the cost of materials and the average daily salary of the employee 9 or employees. 10 63.4. (DOR: Bingo and Video Poker Revenue) As to revenue derived from the provisions of Chapter 21, Title 12, 11 which is collected from bingo, the Department of Revenue and Taxation may withhold from the General Fund portion 12 of this revenue the actual costs of Bingo audit activity and of criminal record checks pursuant to the evaluation of 13 applications for bingo licenses. As to revenue derived in accordance with S.C. Code Ann. Section 12-21-2720(3), the 14 Department of Revenue may withhold the actual costs, not to exceed $250,000 per fiscal year, of video game machine 15 audit and regulatory enforcement activity by agents of the Department of Revenue. Any winnings resulting from these 16 activities must be deposited to the General Fund. The Department shall strictly enforce Regulation 117-190 in order to 17 prevent the licensing and operation of large scale video gaming operations. The Department shall coordinate with the 18 State Law Enforcement Division in the regulation of video game operations in establishments which are authorized 19 under both Sections 12-21-2720 through 12-21-2808 and Title 61 of the South Carolina Code. The Department 20 annually shall make a report to the Governor and General Assembly outlining the collection activities as a result of this 21 proviso. 22 63.5. (DOR: Court Order Funds Carry Forward) Funds awarded to the Department of Revenue and Taxation by 23 court order shall be retained in a special account and shall be carried forward from year to year, and expended as needed 24 to accomplish the purposes and conditions of said order if specified, and if not specified, as may be directed by the Tax 25 Commissioners. Director of the Department of Revenue and Taxation. 26 63.6. (DOR: Sale of Abandoned Property) In accordance with South Carolina Code Section 27-18-240, as to the 27 proceeds from the sale of abandoned property under Section 27-18-230, the Department of Revenue and Taxation may 28 deduct from any deposit to the credit of the General Fund costs in general support of the location, identification and sale 29 of abandoned property, subject to the following limitations: (a) the total deduction may not exceed 5% of the amount 30 credited to the General Fund for this revenue source in the same fiscal year, and (b) the total deduction may not exceed 31 actual costs for the same fiscal year. 32 63.7. (DOR: Assessor Training) Pursuant to the enforcement of South Carolina Code Section 12-37-110, the 33 Property Division of the Department of Revenue and Taxation may charge participants a fee to cover the cost of 34 pertinent education and training programs. The revenue generated may be applied to the cost of the related operation, 35 and any unexpended balance may be carried forward to subsequent fiscal periods and utilized for the same purpose. 36 63.8. (DOR: Professional Designation or License Cost) Whenever a professional designation or license is a 37 legislatively mandated requirement for employment by the Department of Revenue and Taxation, the Department shall 38 be responsible for the annual cost to maintain that required designation or license and provide for examination cost 39 associated with such designation or license if not outside his/her normal duties. 40 63.9. (DOR: Tax Education Program) Pursuant to taxpayer educational activities stipulated and authorized by SC 41 Code Section 12-54-740, the Department of Revenue may charge participants a fee to recover the related direct costs. 42 The revenue generated from this may be applied to said cost, and any unexpended balance may be carried forward to
R44 - SECTION 63 - DEPARTMENT OF REVENUE PAGE 510 1 subsequent fiscal periods and used for the stated purpose. 2 63.10. (DOR: Federal Retiree Lawsuit Settlement Fund Lapse) Notwithstanding any other provision of law, the 3 Department of Revenue is hereby directed to remit to the General Fund, prior to the close of FY 95-96, the amount of 4 $508,869. This amount represents unexpended appropriations from the Federal Retiree Lawsuit Settlement Fund. 5 63.11. (DOR: Certified and Registered Postage Reimbursement) As to any notice of assessment, adjustment or 6 penalty issued under the provisions of S.C. Code Ann. Title 12 or Title 61, the Department of Revenue is authorized to 7 add $1.50 from time to time to any notice of assessment, adjustment or penalty which may be required to be posted by 8 registered or certified mail, and to treat the collection of this additional $1.50, on an estimated or imputed basis, as a 9 reimbursement of the Department's expenditures for postage. 10 63.12. (DOR: Credit Card Payment of Delinquent Taxes) The Department shall have the authority to accept, on 11 terms and conditions to be established by the Department in regulations and rulings, payment of delinquent taxes by 12 credit cards. Such authority shall include a determination not to accept such payments or to permit payment only for 13 certain classes of delinquent taxes to be specified by the Department. Notwithstanding any other provision of law, the 14 State Treasurer may enter into contracts on behalf of the Department whereby the Department may accept credit card 15 payment of delinquent taxes. The Department may withhold the actual cost of processing credit card payments from 16 deposits of the tax types corresponding to the related delinquent payments, and may treat these withholdings as 17 reimbursements of the associated expenditures. 18 19 R60 - SECTION 65 - EMPLOYMENT SECURITY COMMISSION 20 21 65.1. (ESC: Salary Level) The salaries of the Chairman, the Commissioners, and the Agency Director of the 22 Employment Security Commission shall be no less than that agreed to by the United States Department of Labor. 23 65.2. (ESC: Dept. of Revenue & Taxation Access to Report) The Employment Security Commission shall allow 24 the Department of Revenue and Taxation access to the Employer's Quarterly Report and any by-product of such report. 25 65.3. (ESC: SCOICC User Fee Carry Forward) All user fees collected by the S.C. Occupational Information 26 Coordinating Committee through the Employment Security Commission may be retained by the SCOICC to be used for 27 the exclusive purpose of operating the S.C. Occupational Information System. All user fees not expended in the prior 28 fiscal year may be carried forward for use in the current fiscal year. 29 65.4. (ESC: JTPA Prior Year Payments) The Employment Security Commission shall be allowed to pay Job 30 Training Partnership Act prior year obligations with current year funds. 31 65.5. (ESC: Out-of-State Travel) When out-of-state, Employment Security Commissioners may claim the 32 established amount of per diem, as stated in the General Appropriation Act, or actual expenses as deemed reasonable by 33 the Comptroller General. 34 35 X12 - SECTION 68A - AID TO SUBDIVISIONS-COMPTROLLER GENERAL 36 37 68A.1. (AS-CG: Salary Supplements) Of the amount appropriated in this section for Clerks of Court, Probate 38 Judges, and County Sheriffs, $4,725 shall be distributed by the Comptroller General to each County Treasurer, which 39 shall be used as a $1,575 salary supplement for each Clerk of Court, Probate Judge and County Sheriff. The amounts 40 appropriated in this section for Registers of Mesne Conveyances shall be distributed by the Comptroller General to the 41 appropriate County Treasurer, which shall be used as a $1,575 salary supplement for Registers of Mesne Conveyances. 42 It is the intent of the General Assembly that the amount appropriated for such salary supplements shall include both
R44 - SECTION 63 - DEPARTMENT OF REVENUE PAGE 511 1 salary and related employer contributions and such amounts shall be in addition to any amounts presently being 2 provided by the county for these positions. Any reduction by any county in the salary of the Clerks of Court, the 3 Probate Judges, Registers of Mesne Conveyances and County Sheriffs or any other reduction of expenditures in the 4 office of the Clerks of Court, Probate Judges, Registers of Mesne Conveyances and County Sheriffs shall result in a 5 corresponding decrease of funds provided to that county by the State. Payment shall be made to each County Treasurer 6 in a single lump sum at the beginning of the fiscal year and payment shall be made to the Clerks of Court, Probate 7 Judges and County Sheriffs by the County Treasurer over a twelve month period in the same manner as county salaries 8 are paid. Effective November 1, 1997, the salary of each County Auditor and County Treasurer shall increase from 9 $14,864 to $15,236. The State shall pay $14,864 on the salary of each County Auditor and County Treasurer This shall 10 be in addition to any amounts presently being provided by the county for these positions. It is the intent of the General 11 Assembly that the amount appropriated by the county for these positions shall not be reduced as a result of the 12 appropriation and that such appropriation shall not disqualify each County Auditor and each County Treasurer for salary 13 increases that they might otherwise receive from county funds in the future. Any reduction by any county in the salary 14 of the County Auditor and County Treasurer shall result in a corresponding decrease of funds provided to that county by 15 the State. These salaries shall be administered by the Comptroller General's Office and paid in accordance with the 16 schedule and method of payment established for state employees. 17 18 X20 - SECTION 68B - AID TO SUBDIVISIONS-STATE TREASURER 19 20 68B.1. (Hold Harmless Local Government Formula) The formula for calculating the amount to be appropriated for 21 the Local Government Fund shall be the greater of (a) 4 1/2% of the General Fund of the latest completed fiscal year, 22 or (b) the amount appropriated in Fiscal Year 1997-98 plus an increased amount equal to one-half of the CPI for the 23 calendar year preceding the year of appropriation times the FY 97-98 appropriation. The CPI shall be determined by 24 the B & C Board, Division of Research and Statistics. 25 26 X50 - SECTION 69 - DEPARTMENT OF TRANSPORTATION 27 28 69.1. (DOT: Expenditure Authority Limitation) The Department of Transportation is hereby authorized to expend 29 all cash balances brought forward from the previous year and all income including all Federal Funds, unexpended 30 General Funds and proceeds from bond sales accruing to the Department of Transportation, but in no case shall the 31 expenditures of the Department of Transportation exceed the amount of cash balances brought forward from the 32 preceding year plus the amount of all income including Federal Funds, General Funds and proceeds from bond sales. 33 69.2. (DOT: Special Fund Authorization) The Department of Transportation with the approval of the State 34 Treasurer, is hereby authorized to set up with the State Treasurer such special funds out of the Department of 35 Transportation funds as may be deemed advisable for proper accounting purposes. 36 69.3. (DOT: Secure Bonds & Insurance) The Department of Transportation is hereby authorized to secure bonds 37 and insurance covering such activities of the Department as may be deemed proper and advisable, due consideration 38 being given to the security offered and the service of claims. 39 69.4. (DOT: Statewide Cost Allocation Plan) The Department of Transportation shall pay into the General Fund of 40 the State the sum of $4,879,223 as its proportionate share of the cost of Administration of central service agencies as 41 follows:
X12 - SECTION 68A - AID TO SUBDIVISIONS-COMPTROLLER GENERAL PAGE 512 1 Statewide Cost Allocation Plan: 2 Collection of Highway Revenue $ 3,069,811 3 Central Service Agency Recoveries 1,103,894 4 Other Indirect Cost Recoveries 705,518 5 6 Subtotal $ 4,879,223 7 8 The sum of $362,093 is also transferred for the support of the Highway Patrol and Motor Vehicle Licensing Division 9 which was transferred during restructuring. If fees generated by Title 56 for motor vehicle licenses exceed the BEA 10 Fiscal Year 1996-97 forecast, the amount transferred may be reduced proportionately. 11 12 Highway Fund Transfer $ 362,093 13 14 Total Remittance $5,241,316 15 16 69.5. (DOT: Benefits) Employees of the Department of Transportation shall receive equal compensation increases, 17 health insurance benefits and employee bonuses provided in this Act for employees of the State generally. The amount 18 will be funded from Department of Transportation funding sources. 19 69.6. (DOT: Document Fees) The Department of Transportation is hereby authorized to establish an appropriate 20 schedule of fees to be charged for copies of records, lists, bidder's proposals, plans, maps, etc. based upon approximate 21 actual costs and handling costs of producing such copies, lists, bidder's proposals, plans, maps, etc. 22 69.7. (DOT: Commissions Per Diem, Subsistence, Mileage) Members of the Department of Transportation 23 Commission shall receive such per diem, subsistence and mileage for each official meeting as is provided by law for 24 members of boards, commissions and committees. 25 69.8. (DOT: Employ Legal/Support Staff) The Department of Transportation shall have the authority with the 26 approval of the Attorney General to employ, within existing authorized positions, necessary legal and support staff to 27 represent the Department in legal matters, including condemnation proceedings and other litigation; such representation 28 shall be under the jurisdiction and control of the Attorney General. 29 69.9. (DOT: Contract Mass Transit System) Notwithstanding any other provision of law, the Department of 30 Transportation is hereby authorized to directly contract mass transit funds with any private operator of a mass transit 31 system to provide service to the general public; provided, that a plan of service has been established and approved by 32 the local general purpose government which has jurisdiction for the area to be served, and approved by the Department, 33 the Transportation Commission and the federal government. 34 69.10. (DOT: Relax Design/Construction Standards Authority) In recognition of budgetary restraints, the 35 Department of Transportation, its Commission, officers and employees, are herewith granted the discretionary authority 36 to relax design and construction standards for the current fiscal year, with respect to highway projects in the secondary 37 State highway system, and the exercise of such discretionary authority to relax design and construction standards shall 38 not give rise to any liability on the part of the Department, its Commission, officers and employees. 39 69.11. (DOT: Accounting Functions Transferred to Comptroller General and State Treasurer) The Department of 40 Transportation shall transfer $471,500 to the General Fund for the purpose of servicing the accounting and payroll 41 functions of the Comptroller General's Office. The Department of Transportation shall transfer $123,546 to the General 42 Fund for servicing the functions of the State Treasurer's Office.
X50 - SECTION 69 - DEPARTMENT OF TRANSPORTATION PAGE 513 1 69.12. (DOT: Employee Bonus) Notwithstanding any other provision of law, the Department of Transportation 2 shall be allowed to spend monies to provide selected employees a one-time lump sum bonus not to exceed $1,000, 3 based on objective guidelines established by the Budget and Control Board. This payment is not a part of the 4 employee's base salary and is not earnable compensation for purposes of employee and employer contributions to 5 respective retirement systems. 6 69.13. (DOT: Consolidate Transportation Funding) The Department of Transportation shall develop a plan to 7 consolidate all sources of transportation funding throughout state government and to operate with this funding a 8 transportation system to support the specific programs from which the funding derives and the population of South 9 Carolina in general. This plan shall be submitted to the General Assembly no later than January 15, 1997. The intent of 10 this proviso is to improve access and delivery of transportation services, especially in rural areas. In developing the 11 transportation system, the Department shall work with each agency that provides funding for transportation. 12 Any agency, local government, or other entity, including non-profit organizations, using State funds or State- 13 administered Federal funds for the purpose of transporting private citizens on a regular basis, must provide the 14 following fiscal year information to the Department of Transportation, no later than the first day of October following 15 the close of each fiscal year; (a) number of vehicles used to transport passengers; (b) number of passenger seats in 16 passenger vehicles; (c) number of passenger miles provided; (d) itemized costs of providing transportation; and (e) 17 source or sources from which funds are derived. Information must be provided on a county-by-county basis in a format 18 specified by the Department of Transportation. The Department of Corrections, the Department of Education, school 19 districts and institutions of higher education are exempt from the requirements of this section. No transportation funds 20 may be provided to any entity not in compliance with the requirements of this section. 21 69.14. (DOT: Restructuring-Maintenance Activities) The Department of Transportation shall begin restructuring 22 operations so as to reduce maintenance activities performed with Department personnel and equipment. This 23 restructuring shall be completed no later than June 30, 1998. As part of this restructuring effort, the Department shall 24 endeavor to use private contractors for: bridge replacements; surface treatment (Class A surfacing/seal coating); thermo- 25 plastic striping; traffic signals; fencing; and guardrails whenever possible. 26 69.15. (DOT: Heritage Corridor Signs) Of the funds appropriated herein, $100,000 must be used by the Department 27 for fabricating and installing Heritage Corridor signs for those counties affected by this Corridor. 28 29 X90 - SECTION 72 - GENERAL AND TEMPORARY 30 31 72.1. (GP: Judicial & Involuntary Commitment, Defense of Indigents) It is the responsibility of all agencies, 32 departments and institutions of state government, to provide at no cost and as a part of the regular services of the 33 agency, department or institutions such services as are necessary to carry out the provisions of Chapter 52 of Title 44 34 (Involuntary Commitment), Article 7, Chapter 17 of Title 44 of the 1976 Code (Judicial Commitment), Chapter 3 of 35 Title 17 of the 1976 Code (Defense of Indigents), and Article 1 of Chapter 3 of Title 16 of the 1976 Code (Death 36 Penalty), as amended, upon request of the Judicial Department and/or the appropriate court. To this end, state agencies 37 are directed to furnish to the Judicial Department a list of their employees who are competent to serve as court 38 examiners. The Judicial Department shall forward a copy of this list to the appropriate courts, and the courts shall 39 utilize the services of such state employees whenever feasible. State employees shall receive no additional 40 compensation for performing such services. For the purpose of interpreting this section, employees of the Medical 41 University of South Carolina and individuals serving an internship or residency as an academic requirement or 42 employees who are not full-time state employees and who are not performing duties as state employees are not
X50 - SECTION 69 - DEPARTMENT OF TRANSPORTATION PAGE 514 1 considered state employees. 2 72.2. (GP: Case Service Billing Payments Prior Year) Notwithstanding any other provision of law, agencies 3 appropriated case services funds who routinely receive prior year case service billings after the old fiscal year has been 4 officially closed are authorized to pay these case service obligations with current funds. This authorization does not 5 apply to billings on hand that have been through a timely agency payment approval process when the old fiscal year 6 closes. 7 72.3. (GP: Credit Cards for Goods & Services) Notwithstanding any other provision of law, the State Treasurer 8 may enter into contracts whereby the agency or institution may accept credit cards as payment for goods or services 9 provided. 10 72.4. (GP: Warrant Requisitions, Deposits) The expenditure of money appropriated in this Act shall be by warrant 11 requisitions directed to the Comptroller General. Upon receipt of the requisition, accompanied by invoices or other 12 satisfactory evidence of the propriety of the payment, and itemized according to standard budget classifications, the 13 Comptroller General shall issue his warrant on the State Treasurer to the payee designated in the requisition. No 14 requisitions for warrants shall be processed for any amounts less than one dollar. Upon approval and designation by the 15 State Budget and Control Board, state institutions may requisition funds in favor of their own treasurer, itemized only to 16 the extent of the purpose of the appropriation as expressed in this Act, and may deposit such funds in the name of the 17 institution, in such bank or banking institutions as shall be designated by the State Treasurer, and disburse same by 18 check to meet the purposes of the appropriation, but strict account shall be kept of all such expenditures according to 19 standard budget classifications. All money shall be drawn only when actually owing and due. The Comptroller General 20 shall establish rules and regulations for the uniform reimbursement, remittance and transfers of funds to the General 21 Fund of the State required by law. 22 72.5. (GP: Federal Program Expenses, Lag Time) After July 1, of the current fiscal year, the Department of Health 23 and Environmental Control, Department of Mental Health, Department of Disabilities & Special Needs, Department of 24 Social Services, Department of Health and Human Services, Division on Aging, Division of Foster Care, Department of 25 Corrections, and Department of Juvenile Justice may expend if necessary, state appropriated funds for the current fiscal 26 year to cover fourth quarter Federal Programs expenses incurred in the prior fiscal year necessitated by the time lag of 27 federal reimbursement. 28 72.6. (GP: Federal Funds, Donations, Deposited in State Treasury) All Federal Funds received shall be deposited 29 in the State Treasury, if not in conflict with Federal regulations, and withdrawn therefrom as needed, in the same 30 manner as that provided for the disbursement of state funds. If it shall be determined that federal funds are not available 31 for, or cannot be appropriately used in connection with, all or any part of any activity or program for which state funds 32 are specifically appropriated in this Act to match Federal funds, the appropriated funds may not be expended and shall 33 be returned to the General Fund, except upon specific written approval of the Budget and Control Board after review by 34 the Joint Appropriations Review Committee. Donations or contributions from sources other than the Federal 35 Government, for use by any state agency, shall be deposited in the State Treasury, but in special accounts, and shall be 36 withdrawn from the treasury as needed to fulfill the purposes and conditions of the said donations, or contributions, if 37 specified, and, if not specified, as may be directed by the proper authorities of the department. The expenditure of funds 38 by agencies of the State Government from sources other than General Fund appropriations shall be subject to the same 39 limitations and provisions of law applicable to the expenditure of appropriated funds with respect to salaries, wages or 40 other compensation, travel expense, and other allowance or benefits for employees. 41 72.7. (GP: Fee Increases) (A) No state agency, department, board, committee, commission, or authority, may 42 increase an existing fee for performing any duty, responsibility, or function unless the fee for performing the particular
X90 - SECTION 72 - GENERAL AND TEMPORARY PAGE 515 1 duty, responsibility, or function is authorized by statutory law and set by regulation except as provided in this 2 paragraph. 3 (B) This paragraph does not apply to: 4 (1) state-supported governmental health care facilities; 5 (2) state-supported schools, colleges, and universities; 6 (3) educational, entertainment, recreational, cultural, and training programs; 7 (4) the State Board of Financial Institutions; 8 (5) sales by state agencies of goods or tangible products produced for or by these agencies; 9 (6) charges by state agencies for room and board provided on state-owned property; 10 (7) application fees for recreational activities sponsored by state agencies and conducted on a draw or lottery 11 basis; 12 (8) court fees or fines levied in a judicial or adjudicatory proceeding; 13 (9) the South Carolina Public Service Authority or the South Carolina Ports Authority. 14 (C) This paragraph does not prohibit a state agency, department, board, committee, or commission from increasing 15 fees for services provided to other state agencies, departments, boards, committees, commissions, political subdivisions, 16 or fees for health care and laboratory services regardless of whether the fee is set by statute. 17 (D) Statutory law for purposes of this paragraph does not include regulations promulgated pursuant to the State 18 Administrative Procedures Act. 19 72.8. (GP: State Institutions - Revenues & Income) The University of South Carolina, Clemson University, the 20 Medical University of S. C. (including the Medical University Hospital), The Citadel, Winthrop University, S. C. State 21 University, Francis Marion University, University of Charleston, Lander University and the Wil Lou Gray Opportunity 22 School shall remit all revenues and income, collected at the respective institutions, to the State Treasurer according to 23 the terms of Section 1 of this Act, but all such revenues or income so collected, except fees received as regular term 24 tuition, matriculation, and registration, shall be carried in a special continuing account by the State Treasurer, to the 25 credit of the respective institutions, and may be requisitioned by said institutions, in the manner prescribed in Section 26 72.5 of this Act, and expended to fulfill the purpose for which such fees or income were levied, but no part of such 27 income shall be used for permanent improvements without the express written approval of the State Budget and Control 28 Board and the Joint Legislative Capital Bond Review Committee; and it is further required that no such fee or income 29 shall be charged in excess of the amount that is necessary to supply the service, or fulfill the purpose for which such fee 30 or income was charged. Notwithstanding other provisions of this act, funds at State Institutions of Higher Learning 31 derived wholly from athletic or other student contests, from the activities of student organizations, and from the 32 operations of canteens and bookstores, and from approved Private Practice plans at institutions and affiliated agencies 33 may be retained at the institution and expended by the respective institutions only in accord with policies established by 34 the institution's Board of Trustees. Such funds shall be audited annually by the State but the provisions of this Act 35 concerning unclassified personnel compensation, travel, equipment purchases and other purchasing regulations shall not 36 apply to the use of these funds. 37 72.9. (GP: Transfers of Appropriations) Agencies and institutions shall be authorized to transfer appropriations 38 within programs and within the agency with notification to the Division of Budget and Analyses and Comptroller 39 General. No such transfer may exceed twenty percent of the program budget. Upon request, details of such transfers 40 may be provided to members of the General Assembly on an agency by agency basis. Transfers of appropriations from 41 personal service accounts to other operating accounts or from other operating accounts to personal service accounts may 42 be restricted to any established standard level set by the Budget and Control Board upon formal approval by a majority
X90 - SECTION 72 - GENERAL AND TEMPORARY PAGE 516 1 of the members of the Budget and Control Board. 2 72.10. (GP: Bank Procedures - State Treasury A Bank) In any instances where Federal laws or regulations, relating 3 to funds allotted to State Government agencies, include requirements relating to banking procedures, the State Treasury 4 shall be deemed to meet the definition of a bank. 5 72.11. (GP: Federal Funds - DHEC, DSS, DHHS, Aging - Disallowances) Amounts appropriated to the Department 6 of Health and Environmental Control, Department of Social Services, Department of Health and Human Services, and 7 Division on Aging may be expended to cover program operations of prior fiscal years where adjustment of such prior 8 years are necessary under federal regulations or audit exceptions. All disallowances or notices of disallowances by any 9 federal agency of any costs claimed by these agencies shall be submitted to the State Auditor, the House Ways and 10 Means Committee and the Senate Finance Committee, within five days of receipt of such actions. 11 72.12. (GP: Family Foster Care Payments) The Department of Disabilities & Special Needs, Department of Social 12 Services, and Department of Juvenile Justice shall furnish as Family Foster Care payments for individual foster children 13 under their sponsorship: 14 ages 0 - 5 $212 per month 15 ages 6 - 12 $239 per month 16 ages 13 + $305 per month 17 These specified amounts are for the basic needs of the foster children. Basic needs within this proviso are identified as 18 food (at home and away), clothing, housing, transportation, education and other costs as defined in the U.S. Department 19 of Agriculture study of "Annual Cost of Raising a Child to Age Eighteen". Further, each agency shall identify and 20 justify, as another line item, all material and/or services, in excess of those basic needs listed above, which were a direct 21 result of a professional agency evaluation of clientele need. Legitimate medical care in excess of Medicaid 22 reimbursement or such care not recognized by Medicaid may be considered as special needs if approved by the 23 sponsoring/responsible agency and shall be reimbursed by the sponsoring agency in the same manner of reimbursing 24 other special needs of foster children. 25 72.13. (GP: Fixed Student Fees) During the current fiscal year, student fees at the State institutions of higher 26 learning shall be fixed by the respective Boards of Trustees as follows: 27 (1) Fees applicable to student housing, dining halls, student health service, parking facility, laundries and all other 28 personal subsistence expenses shall be sufficient to fully cover the total direct operating and capital expenses of 29 providing such facilities and services over their expected useful life except those operating or capital expenses related to 30 the removal of asbestos. 31 (2) Student Activity Fees may be fixed at such rates as the respective Boards shall deem reasonable and necessary. 32 72.14. (GP: Tech Educ Colleges Student Activity Fees) Notwithstanding any other provisions of this Act, funds at 33 Technical Education Colleges derived wholly from the activities of student organizations and from the operations of 34 canteens and bookstores may be retained by the college and expended only in accord with policies established by the 35 respective college's Area Commission and approved by the State Board for Technical and Comprehensive Education. 36 72.15. (GP: Educational Fee Waivers) The institutions of higher education Senior colleges, universities and 37 technical colleges may offer educational fee waivers to no more than two percent of the undergraduate student body. 38 72.16. (GP: Human Services Coordinating Council) The General Assembly finds that the operation of health and 39 human services may be enhanced by closer working relationships among agencies at the state and local level. The 40 General Assembly finds that coordination at both levels provides opportunities to serve the citizens of South Carolina 41 better through (1) continued expansion of services integration and (2) stronger communication among agencies 42 delivering services.
X90 - SECTION 72 - GENERAL AND TEMPORARY PAGE 517 1 In order to assist in, recommend, develop policy for, and supervise the expenditure of funds for the continuation of 2 service integration in South Carolina, there is created a Human Services Coordinating Council, hereinafter, entitled the 3 Council. The Council shall consist of: 4 (1) The Director or Chief Executive Officer of each of the following: Division on Aging, Department of Alcohol 5 and Other Drug Abuse Services, Commission for the Blind, Division for the Review of Foster Care of Children, 6 Department of Education, Department of Health and Environmental Control, Department of Health and Human 7 Services, Department of Juvenile Justice, Division of Veterans' Affairs, John De La Howe School, Department of 8 Mental Health, Department of Disabilities and Special Needs, School for the Deaf and the Blind, Department of Social 9 Services, Department of Vocational Rehabilitation, Guardian ad Litem Program, Division of Continuum of Care, 10 Educational Television, Wil Lou Gray Opportunity School, Department of Corrections, Probation, Parole and Pardon 11 Services and the State Housing Finance and Development Authority. 12 (2) The Governor or his designee. 13 (3) Other such members as the Council shall deem appropriate. 14 The Council shall: 15 (1) Select a Director or Chief Executive Officer on an annual basis to serve as the Council Chairperson. The 16 Council Chairperson shall be elected at the first quarterly meeting of the Council at the beginning of each new state 17 fiscal year. Nominees for this office must be members of the Council. The Chairperson of the Council can succeed 18 himself in that specific position no more than three times. In the event that this office becomes vacant, the Executive 19 Committee of the Council shall appoint a member of the Council to fill the unexpired term of the office. 20 (2) Meet regularly to provide an opportunity for collaboration and cooperation among member agencies. 21 The Council shall have as its goals: 22 (1) Identify and address priority health and human needs and promote the availability of responsive resources. 23 (2) Promote cost-effective, efficient approaches for the delivery of health and human services which include 24 prevention, education, reduction of dependency, promotion of self-sufficiency and delivery of services in the least 25 restrictive, most appropriate community-based and institutional settings. 26 (3) Provide coordination between the Council members and the Office of the Governor in the development of 27 the comprehensive State Health and Human Services Plan. 28 (4) In cooperation with the Department of Health and Human Services, coordinate and oversee efforts to 29 integrate services information among state agencies and between state and local agencies. 30 (5) Review and monitor service integration efforts begun by the Human Services Integration Projects, and 31 including: 32 (a) Developing standards for case management activities and coordinating with local entities on service 33 integration efforts, and 34 (b) Receiving requests for funding of projects designed to further integration of services, including review 35 and approval of such projects. 36 Member agencies and departments of the Council shall collect and provide client information, including Social 37 Security Number, for the Client Masterfile System, and for development and use of a uniform client application 38 database for statistical purposes and for improving human services delivery systems for South Carolinians. For 39 purposes of this sub-section, the State, rather than an individual agency, will be the owner of the data. All individual 40 client information submitted by participating agencies or departments will be regarded as confidential; the information 41 collected may not be released, under any circumstances, to entities or individuals outside the Client Masterfile System, 42 State Data Oversight Council, or client application database unless release is made of aggregate statistical information
X90 - SECTION 72 - GENERAL AND TEMPORARY PAGE 518 1 so that no individual client may be identified. No data submitted may be released by the Client Masterfile System 2 except in a format approved by the Council. For the purposes of this sub-section only, all State laws, regulations, or any 3 rule of any State agency, department, board, or commission having the effect or force of law that prohibits or is 4 inconsistent with any provision of this sub-section is hereby declared inapplicable to this sub-section. Each member 5 agency or department of the Council shall be required to take all steps reasonably necessary to effectuate the waiver of 6 federal rules, regulations, or statutes or the elimination of other factors that interfere with collection or use of data by the 7 Client Masterfile System or client application database. Those steps shall include but not be limited to, the seeking of 8 federal legislation, the negotiation of agreements between the Council or State and any federal agency or board, the 9 application for the waiver of any federal rule, regulation or statute, and the seeking of client's permission to share data. 10 The Human Services Coordinating Council shall assume the duties and responsibilities of the Aging Coordinating 11 Council and the Long Term Care Council as specified in Sections 43-21-120 through 43-21-140. The Council shall 12 establish a long term care standing committee and include on the committee a representative of the long term care 13 industry, a representative of the insurance industry, and a representative of the general public. 14 72.17. (GP: Employer Contributions Cost of Agencies) It is the intent of the General Assembly that the amount so 15 provided to each agency or institution for employee benefits shall be sufficient to pay the employer contribution costs of 16 that agency. The Budget and Control Board is directed to devise a plan for the expenditure of the funds appropriated for 17 employer contributions and may require transfers of funds within an agency or institution if it becomes evident that the 18 employer contribution costs will exceed the funds available for that purpose. 19 72.18. (GP: Dual Employment) Any employee who is approved for dual employment must be paid in a timely 20 manner. The secondary agency is required to make payment of funds approved for and earned under dual employment 21 within fortyfive days of the beginning of the employment. 22 72.19. (GP: Payroll Schedule & Compensation Restrictions) Except as otherwise provided in this Act, all 23 appropriations for compensation of State Employees shall be paid in twice-monthly installments to the person holding 24 such position. In order to provide a regular and permanent schedule for payment of employees, it is hereby established 25 that the payroll period shall begin on June 2, of the prior fiscal year with the first pay period ending on June 16, of the 26 prior fiscal year. The payroll period shall continue thereafter on a twice-monthly schedule as established by the Budget 27 and Control Board. It is the intent of the General Assembly that this schedule, thus established, will continue from one 28 fiscal year to another without interruption, on a twice monthly basis. The Budget and Control Board is authorized to 29 approve any changes to this schedule where circumstances are deemed justifiable. 30 The appropriated salaries for specified positions shall mean the maximum compensation for such position, except as 31 specifically provided in other provisions of this act, and in any case where the head of any department can secure the 32 services for a particular position or work at a lower rate than the salary specified in this Act, authority for so doing is 33 hereby given. 34 No employee of any state department or institution shall be paid any compensation from any other department of the 35 state government except those approved under the provisions of Regulation 19-702.09 of the 1976 Code, as amended, 36 and no employee of any department or institution shall be paid travel expenses by any other department or institution 37 without approval of the agency by which he is regularly employed. The Comptroller General shall report, after June 38 thirtieth of each year, to the House Ways and Means Committee and the Senate Finance Committee the names of all 39 employees receiving dual compensation and the amounts received. 40 The provisions of Regulation 19-707.02 and Section 8-5-10 of the 1976 Code, as amended, shall not apply to 41 employees hired for 120 days or less.
X90 - SECTION 72 - GENERAL AND TEMPORARY PAGE 519 1 72.20. (GP: Discrimination Policy) It is the policy of the State of South Carolina to recruit, hire, train, and promote 2 employees without discrimination because of race, color, sex, national origin, age, religion or physical disability. This 3 policy is to apply to all levels and phases of personnel within state government, including but not limited to recruiting, 4 hiring, compensation, benefits, promotions, transfers, layoffs, recalls from layoffs, and educational, social, or 5 recreational programs. It is the policy of the State to take affirmative action to remove the disparate effects of past 6 discrimination, if any, because of race, color, sex, national origin, age, religion or physical disability. 7 Each state agency shall submit to the State Human Affairs Commission employment and filled vacancy data by race 8 and sex by October 31, of each year. 9 In accordance with Section 1-13-110 of the South Carolina Code of Laws of 1976, as amended, the Human Affairs 10 Commission shall submit a report on the status of State Agencies' Affirmative Action Plans and Programs to the General 11 Assembly by February 1 each year. This report shall contain the total number of persons employed in each job group, 12 by race and sex, at the end of the preceding reporting period, a breakdown by race and sex of those hired or promoted 13 from within the agency during the reporting period, and an indication of whether affirmative action goals were 14 achieved. For each job group referenced in the Human Affairs report, where the hiring of personnel does not reflect the 15 percentage goals established in the agency's affirmative action plan for the year in question, the State agency shall 16 submit a detailed explanation to the Human Affairs Commission by February 15, explaining why goals were not 17 achieved. 18 The Human Affairs Commission shall review the explanations and notify the Budget and Control Board of any 19 agency not in satisfactory compliance with meeting its stated goals. 20 The Budget and Control Board shall notify any agency not in compliance that their request for additional 21 appropriations for the current appropriation cycle, may not be processed until such time as the Budget and Control 22 Board, after consultation with the Human Affairs Commission, is satisfied that the agency is making a good faith effort 23 to comply with its affirmative action plan, and that the compliance must be accomplished within a reasonable length of 24 time to be determined by the mission and circumstances of the agency. This requirement shall not affect additional 25 appropriation requests for public assistance payments or aid to entities. This section does not apply to those agencies 26 that have been exempted from the reporting requirements of the Human Affairs Commission. 27 72.21. (GP: RIF, Recall Procedures, Residency Preference) Notwithstanding any other provision of law, when a 28 vacancy occurs in a state agency, other than institutions of higher education, or when an agency acts to fill a new 29 position, the agency shall give preference to residents of this State, if the two are equally qualified for the vacancy or 30 new position. 31 72.22. (GP: Temporary Grant Funded or Time Limited Funded Positions) Notwithstanding any other provision of 32 law or this Act, state agencies and institutions may, at their discretion, hire employees to fill temporary grant positions 33 specified in federal grants, public charity grants, private foundation grants, research grants and positions with time 34 limited funding approved or authorized by the appropriate state authority in accordance with the following provisions: 35 A. Only those funds authorized within the approved federal grant, public charity grant, private foundation grant, 36 research grant, or time limited funds for a specified project can be used to pay the salaries and/or benefits of temporary 37 employees hired under this provision. 38 B. Temporary grant or time limited positions, employees, and the conditions of their employment shall be 39 reported in accordance with provisions developed by the Division of Budget and Analyses of the Budget and Control 40 Board. 41 C. Positions established under this provision must be limited to and must not exist beyond the duration of the time 42 limited project or grant or any subsequent renewal of it. When the grant, time limited project or any subsequent renewal
X90 - SECTION 72 - GENERAL AND TEMPORARY PAGE 520 1 ends, temporary grant or time limited project employees must be terminated and their positions will cease to exist. 2 Temporary grant or time limited project employees will be exempt from the provisions of Sections 8-17-310 through 8- 3 17-380 of the 1976 Code, as amended. State agencies and institutions must terminate all temporary grant or time 4 limited project positions at any time funding is terminated or is insufficient to continue payments under the conditions 5 of the grant or time limited project. 6 D. Temporary grant or time limited project employees may be eligible for the same benefits, excluding permanent 7 or probationary employment status, available to permanent state employees provided that such funds are available 8 within the grant or time limited project. 9 E. Temporary grant or time limited project employees shall be deemed to be employed at will. The temporary 10 grant or time limited project employee shall not be entitled to any compensation beyond the date of termination, other 11 than for such part of the grant or time limited project that has been performed. 12 F. Discretionary determinations by a state agency or institution as to whether to hire an employee pursuant to this 13 proviso are final and not subject to administrative or judicial appeal. 14 72.23. (GP: Personal Service Reconciliation, FTEs) The General Assembly expresses its continuing concern over 15 the control of the number of personnel employed by the State of South Carolina. This concern is evidenced in the 1980 16 Public Employment Report of the United States Bureau of Census. It is further declared to be the intent of the General 17 Assembly to continue to take positive steps to reduce the number of personnel employed in the future, without unduly 18 hampering the legitimate functions of state government. 19 In order to obtain the necessary control over the number of employees, the Budget and Control Board is hereby 20 directed to maintain close supervision over the number of state employees, and to require specifically the following: 21 1. That no state agency exceed the total authorized number of full-time equivalent positions and those funded 22 from State sources as provided in each section of this Act except by majority vote of the Budget and Control Board. 23 Specific written confirmation of such majority approval shall be forwarded to the Joint Appropriations Review 24 Committee in the event that any agency is allowed to exceed the number of positions authorized in this Act. 25 2. That the Division of Budget and Analyses shall maintain and make, as necessary, periodic adjustments thereto, 26 an official record of the total number of authorized full-time equivalent positions by agency for State and Total funding 27 sources and shall provide a certified duplicate of such record to the Joint Appropriations Review Committee. The 28 Division of Budget and Analyses shall submit monthly reports to the Joint Appropriations Review Committee and such 29 reports shall include any changes in the authorized number of full-time equivalent positions, the number of filled and 30 vacant positions and any other data requested by the committees. 31 (a) That within thirty (30) days of the passage of the Appropriation Act or by August 1, whichever comes 32 later, each agency of the State must have established on the Budget and Control Board records all positions authorized 33 in the Act. After that date, the Board shall delete any non-established positions immediately from the official record of 34 authorized full-time equivalent positions. No positions shall be established by the Board in excess of the total number 35 authorized in the Board record of authorized full-time equivalent positions. Each agency may, upon notification to the 36 Budget and Control Board, change the funding source of State FTE positions established on the Budget and Control 37 Board records as necessary to expend federal and other sources of personal service funds in an effort to conserve or stay 38 within the state appropriated personal service funds. Each agency may, upon notification to the Budget and Control 39 Board, transfer FTEs between programs as needed to accomplish the agency mission. No agency shall change funding 40 sources that will cause the agency to exceed the authorized number of state or total full-time equivalent positions. 41 (b) By September 30, the Board shall prepare a personal service detail, by agency, which shows each position 42 established for the fiscal year and the amount of funds required, by source of funds, to support the position for the fiscal
X90 - SECTION 72 - GENERAL AND TEMPORARY PAGE 521 1 year at a funding level of 100% and the Board shall then reconcile each agency's personal service detail with the 2 agency's personal service appropriation as contained in the Act adjusted for any pay increases, and any other factors 3 necessary to reflect the agency's personal service funding level. The Board shall provide a copy of each agency's 4 personal service reconciliation to the Senate Finance and House Ways and Means Committees. 5 (c) Any position which is shown by the reconciliation to be unfunded or significantly underfunded may be 6 deleted at the direction of the Budget and Control Board . 7 (d) Full-time equivalent (FTE) positions shall be determined under the following guidelines: 8 1. The annual work hours for each FTE shall be the agency's full-time standard annual work hours. 9 2. The State FTE shall be derived by multiplying the state percentage of budgeted funds for each 10 position by the FTE for that position. 11 3. All institutions of higher education shall use a value of 0.75 FTE for each position determined to be 12 full-time faculty with a duration of nine (9) months. 13 The FTE method of accounting shall be utilized for all authorized positions. 14 3. That the number of positions authorized in this Act shall be reduced in the following circumstances: 15 (a) Upon request by an agency. 16 (b) When anticipated federal funds are not made available. 17 (c) When the Budget and Control Board, through study or analysis, becomes aware of any unjustifiable 18 excess of positions in any state agency. 19 4. The Budget and Control Board shall annually reconcile personal service funds with full-time employee count 20 to determine unfunded positions which will be eliminated no later than January 15 of the current fiscal year unless 21 specifically exempted elsewhere in this act or by the State Budget and Control Board. The State Budget and Control 22 Board must report the full-time employee count and unfunded position status to the Senate Finance Committee and the 23 Ways and Means Committee by February 1 of the current fiscal year. 24 5. That no new permanent positions in state government shall be funded by appropriations in acts supplemental to 25 this Act but temporary positions may be so funded. 26 6. The provisions of this section shall not apply to personnel exempt from the State Classification and 27 Compensation Plan under Item I of Section 8-11-260 of the 1976 Code. 28 The Governor, in making his appropriation recommendations to the Ways and Means Committee, must provide that 29 the level of personal service appropriation recommended for each agency is at least 97% of the funds required to meet 30 100% of the funds needed for the full-time equivalents positions recommended by the Governor (exclusive of new 31 positions). 32 72.24. (GP: Allowance for Residences & Compensation Restrictions) That salaries paid to officers and employees 33 of the State, including its several boards, commissions, and institutions shall be in full for all services rendered, and no 34 prerequisites of office or of employment shall be allowed in addition thereto, but such prerequisites, commodities, 35 services or other benefits shall be charged for at the prevailing local value and without the purpose or effect of 36 increasing the compensation of said officer or employee. The charge for these items may be payroll deducted at the 37 discretion of the Comptroller General or the chief financial officer at each agency maintaining its own payroll system. 38 This shall not apply to the Governor's Mansion, nor for department-owned housing used for recruitment and training of 39 Mental Health Professionals, nor to guards at any of the State's penal institutions and nurses and attendants at the 40 Department of Mental Health, and the Department of Disabilities & Special Needs, and registered nurses providing 41 clinical care at the MUSC Medical Center, nor to the Superintendent and staff of John de la Howe School, nor to the 42 cottage parents and staff of Wil Lou Gray Opportunity School, nor to full-time or part-time staff who work after regular
X90 - SECTION 72 - GENERAL AND TEMPORARY PAGE 522 1 working hours in the SLED Communications Center or Maintenance Area, nor to the Directors of John G. Richards 2 Campus, Willow Lane Campus, and the Reception and Evaluation Center at the Department of Juvenile Justice nor to 3 the Residence Dormitory Director and the Assistant Residence Director at the Governor's School for Science and 4 Mathematics. The Presidents of those State institutions of higher learning authorized to provide on-campus residential 5 facilities for students may be permitted to occupy residences on the grounds of such institutions without charge. 6 Any state institution of higher learning may provide a housing allowance to the President in lieu of a residential 7 facility, the amount to be approved by the Budget and Control Board. 8 That the following may be permitted to occupy residences owned by the respective Departments without charge: the 9 Commissioner of the Department of Corrections, the Director of the Department of Mental Health, the Farm Director, 10 Farm Managers, and Specialists employed at the Wateree River Correctional Institution, Walden Correctional 11 Institution, MacDougall Youth Correctional Center, and Givens Youth Correctional Center; the S. C. State Commission 12 of Forestry fire tower operators, forestry aides, and caretaker at central headquarters; the Department of Natural 13 Resources' Game Management Personnel, Fish Hatchery Superintendents, Lake Superintendent, and Fort Johnson 14 Superintendent; the Department of Parks, Recreation and Tourism field personnel in the State Parks Division; the 15 Agricultural Aide at the Department of Juvenile Justice Farm; Director of Wil Lou Gray Opportunity School; President 16 of the School for the Deaf and the Blind; houseparents for the Commission for the Blind; S.C. Department of Health and 17 Environmental Control personnel at the State Park Health Facility and Camp Burnt Gin; Assistant Director of Residence 18 Life and a student counselor at Lander University; Clemson University's Head Football Coach; the Department of 19 Disabilities & Special Needs' physicians and other professionals at Whitten Center, Clemson University Off-Campus 20 Agricultural Staff and Housing Area Coordinators; and University of South Carolina's Manager of Bell Camp Facility, 21 Housing Maintenance Night Supervisors, Residence Life Directors, temporary and transition employees, and emergency 22 medical personnel. Except in the case of elected officials, the fair market rental value of any residence furnished to a 23 State Employee shall be reported by the State Agency furnishing the residence to the Agency Head Salary Commission 24 by October 1, of each fiscal year. 25 All salaries paid by departments and institutions shall be in accord with a uniform classification and compensation 26 plan, approved by the Budget and Control Board, applicable to all personnel of the State Government whose 27 compensation is not specifically fixed in this act. Such plan shall include all employees regardless of the source of 28 funds from which payment for personal service is drawn. The Division of Budget and Analyses of the Budget and 29 Control Board is authorized to approve temporary salary adjustments for classified and unclassified employees who 30 perform temporary duties which are limited by time and/or funds. When approved, a temporary salary adjustment shall 31 not be added to an employee's base salary and shall end when the duties are completed and/or the funds expire. 32 Academic personnel of the institutions of higher learning and other individual or group of positions that cannot 33 practically be covered by the plan may be excluded therefrom but their compensations as approved by the Division of 34 Budget and Analyses shall, nevertheless, be subject to review by the Budget and Control Board. Salary appropriations 35 for employees fixed in this Act shall be in full for all services rendered, and no supplements from other sources shall be 36 permitted or approved by the State Budget and Control Board. With the exception of travel and subsistence, legislative 37 study committees shall not compensate any person who is otherwise employed as a full-time state employee. Salaries of 38 the heads of all agencies of the State Government shall be specifically fixed in this Act and no salary shall be paid any 39 agency head whose salary is not so fixed. Commuter mileage on non-exempt state vehicles shall be considered as 40 income and reported by the Comptroller General in accordance with IRS regulations. As long as there is no impact on 41 appropriated funds, state agencies and institutions shall be allowed to spend public funds and/or other funds for 42 designated employee award programs which shall have written criteria approved by the agency governing board or
X90 - SECTION 72 - GENERAL AND TEMPORARY PAGE 523 1 commission. For purposes of this section, monetary awards, if any, shall not be considered a part of an employee's base 2 salary, a salary supplement, or a prerequisite of employment. The names of all employees receiving monetary awards 3 and the amounts received shall be reported annually to the South Carolina Division of Budget and Analyses. 4 72.25. (GP: MUSC Hospital Services Rates) The Board of the Medical University of South Carolina shall provide 5 hospital services to state employees and officials of state government at a rate not to exceed the payment rates to 6 hospitals provided by the employee's insurance program(s). Private physician fees, psychiatry, and all dental are not 7 included. 8 72.26. (GP: Universities & Colleges - Allowance for Presidents) Presidents of the University of South Carolina, 9 Clemson University, the Medical University of South Carolina, The Citadel, Winthrop University, South Carolina State 10 University, Francis Marion University, University of Charleston, and Lander University must not be paid a fixed 11 allowance for personal expenses incurred in connection with the performance of their official duties. Reimbursements 12 may be made to the Presidents from funds available to their respective institutions for any personal expenses incurred 13 provided that all requests for reimbursement are supported by properly documented vouchers processed through the 14 normal accounting procedures of the institutions. 15 72.27. (GP: Replacement of Personal Property) The Department of Juvenile Justice, Department of Corrections, 16 Probation, Parole and Pardon Services, Department of Mental Health, Department of Disabilities & Special Needs and 17 School for the Deaf and the Blind may replace the personal property of an employee which has been damaged or 18 destroyed by a client while in custody of the agency. The replacement of personal property may be made only if the 19 loss has resulted from actions by the employee deemed to be appropriate and in the line of duty by the agency head and 20 if the damaged or destroyed item is found by the agency head to be reasonable in value, and necessary for the employee 21 to carry out the functions and duties of his employment. Replacement of damaged or destroyed items shall not exceed 22 $250 per item, per incident. Each agency must have guidelines to insure the reasonableness of the replacement 23 payments. 24 72.28. (GP: Law Enforcement Officer Retiree Weapon Purchase) All state employees, who are commissioned law 25 enforcement officers upon retirement, if vested, may purchase their assigned weapon at a reasonable fee. 26 72.29. (GP: Business Expense Reimbursement) Agency heads and Deputy Commissioners or Deputy Directors 27 designated by Agency heads may receive reimbursements for business expenses incurred while performing their official 28 duties, provided that receipts are presented when seeking reimbursement and justification is submitted to document the 29 time, place, and purpose of the expense as well as the names of the individuals involved. The Budget and Control 30 Board shall promulgate regulations governing these expenses. 31 72.30. (GP: Per Diem) The per diem allowance of all boards, commissions and committees shall be at the rate of 32 Thirty-five ($35) Dollars per day. No full-time officer or employee of the State shall draw any per diem allowance for 33 service on such boards, commissions or committees. 34 72.31. (GP: Travel Spouse of Governor & Lt. Governor) Notwithstanding any other provision of law, the spouses 35 of the Governor and the Lieutenant Governor of the State are authorized to receive reimbursement of actual expenses 36 when accompanying the Governor or the Lieutenant Governor on official state business. 37 72.32. (GP: Travel - Subsistence Expenses & Mileage) Travel and subsistence expenses, whether paid from State 38 appropriated, Federal, local or other funds, shall be allowed in accordance with the following provisions: 39 A. Unless otherwise provided in paragraphs B through H of this section, all employees of the State of South 40 Carolina or any agency thereof including employees and members of the governing bodies of each technical education 41 center while traveling on the business of the State shall, upon presentation of a paid receipt, be allowed reimbursement 42 for actual expenses incurred for lodging. Agencies may contract with lodging facilities to pay on behalf of an
X90 - SECTION 72 - GENERAL AND TEMPORARY PAGE 524 1 employee. Failure to maintain proper control of direct payments for lodging may result in the revocation of the agency's 2 authority by the Comptroller General or the State Auditor. The employee shall also be reimbursed for the actual 3 expenses incurred in the obtaining of meals except that such costs shall not exceed ($20) ($25) per day within the State 4 of South Carolina. For travel outside of South Carolina the maximum daily reimbursement for meals shall not exceed 5 ($32). Agencies may contract with food or dining facilities to pay for meals on behalf of employees in accordance with 6 rules and regulations established by the Budget and Control Board. It shall be the responsibility of the agency head to 7 monitor the charges for lodging which might be claimed by his employees in order to determine that such charges are 8 reasonable, taking into consideration location, purpose of travel or other extenuating circumstances. The provisions of 9 this item shall not apply to Section 42-3-40 of the 1976 Code. 10 B. That employees of the State, when traveling outside the United States, Canada, and Puerto Rico upon 11 promotional business for the State of South Carolina shall be entitled to actual expenses for both food and lodging. 12 C. The Governor, Lieutenant Governor, Secretary of State, Comptroller General, Attorney General, State 13 Treasurer, Adjutant General, Superintendent of Education and the Commissioner of Agriculture shall be reimbursed 14 actual expenses for subsistence. 15 D. Non-legislative members of committees appointed pursuant to Acts and Resolutions of the General Assembly 16 whose membership consists solely of members of the General Assembly or members of the General Assembly and other 17 personnel who are not employees of the State of South Carolina shall be allowed subsistence expenses of $35 per day 18 while traveling on official business. Members of such committees may opt to receive actual expenses incurred for 19 lodging and actual expenses incurred in the obtaining of meals in lieu of the allowable subsistence expense. 20 E. Members of the State Boards, Commissions, or Committees whose duties are not full-time and who are paid on 21 a per diem basis, shall be allowed reimbursement for actual expenses incurred at the rates provided in Paragraph A and I 22 of this Section while away from their places of residence on official business of the State. One person accompanying a 23 handicapped member of a State Board, Commission, or Committee on official business of the State shall be allowed the 24 same reimbursement for actual expenses incurred at the rates provided in Paragraph A through I of this Section. 25 F. No subsistence reimbursement shall be allowed to a Justice of the Supreme Court or Judge of the Court of 26 Appeals while traveling in the county of his official residence. When traveling on official business of said court within 27 50 miles outside the county of his official residence, a Supreme Court Justice and a Judge of the Court of Appeals shall 28 be allowed subsistence expenses in the amount of $35 per day plus such mileage allowance for travel as is provided for 29 other employees of the State. When traveling on official business of said Court 50 or more miles outside the county of 30 his official residence, each Justice and Judge of the Court of Appeals shall be allowed subsistence expenses in the 31 amount as provided in this Act for members of the General Assembly plus such mileage allowance for travel as is 32 provided for other employees of the State. The Chief Justice, or such other person as he designates, while attending the 33 Conference of Chief Justices and one member of the Supreme Court while attending the National Convention of 34 Appellate Court Judges, and three Circuit Judges while attending the National Convention of State Trial Judges shall be 35 allowed actual subsistence and travel expenses. 36 Upon approval of the Chief Justice, Supreme Court Justices, Judges of the Court of Appeals, Circuit Judges, and 37 Family Court Judges shall be reimbursed for actual expenses incurred for all other official business requiring out-of- 38 state expenses at the rate provided in paragraph A of this section. 39 G. No subsistence reimbursements are allowed to a Circuit Judge, a Family Court Judge, or an Administrative 40 Law Judge while holding court within the county in which he resides. While holding court or on other official business 41 outside the county, within fifty miles of his residence, a Circuit Court Judge, Family Court Judge, or an Administrative 42 Law Judge is entitled to a subsistence allowance in the amount of $35 per day. While holding court or on other official
X90 - SECTION 72 - GENERAL AND TEMPORARY PAGE 525 1 business at a location fifty miles or more from his residence, a Circuit Court, Family Court or Administrative Law Judge 2 is entitled to a subsistence allowance in the amount as provided in this Act for members of the General Assembly. 3 H. Any retired Justice, Circuit Court Judge or Family Court Judge or Master-in-Equity appointed by the Supreme 4 Court to serve as a Special Circuit Judge, Family Court Judge, Appeals Court Judge, or Acting Associate Justice shall 5 serve without pay but shall receive the same allowance for subsistence, expenses, and mileage as provided in Part I for 6 Circuit Court Judges. 7 I. No expense shall be allowed an employee either at his place of residence or at the official headquarters of the 8 agency by which he is employed except as provided in paragraph E, of this section. When an employee is assigned to 9 work a particular territory or district, and such territory or district and his official headquarters are in different localities 10 or sections of the State, expenses may be allowed for the necessary travel to his official headquarters. The members of 11 the Workers' Compensation Commission, Public Service Commission and the Employment Security Commission may 12 be reimbursed at the regular mileage rate of one round trip each week from their respective homes to Columbia. No 13 subsistence reimbursement shall be allowed to a member of the Workers' Compensation Commission, Public Service 14 Commission or the Employment Security Commission while traveling in the county of his official residence. When 15 traveling on official business of the Commission within 50 miles outside the county of his official residence, a member 16 of the Workers' Compensation Commission, Public Service Commission or the Employment Security Commission shall 17 be allowed subsistence expenses in the amount of $35 per day. When traveling on official business of the Commission 18 50 or more miles outside the county of his official residence, each member shall be allowed a subsistence allowance in 19 the amount as provided in this act for members of the General Assembly. When out-of-state, members of the Workers' 20 Compensation Commission, Public Service Commission and the Employment Security Commission may claim the 21 established amount of per diem, as stated in the General Appropriation Act, or actual expenses as deemed reasonable 22 by the Comptroller General. 23 J. When an employee of the State shall use his or her personal automobile in traveling on necessary official 24 business, a charge of 25.5 cents per mile will be allowed for the use of such automobile and the employee shall bear the 25 expense of supplies and upkeep thereof. Whenever State provided motor pool vehicles are reasonably available and 26 their use is practical and an employee of the State shall request for his own benefit to use his or her personal vehicle in 27 traveling on necessary official business, a charge of 21.5 cents per mile will be allocated for the use of such vehicle and 28 the employee shall bear the expense of supplies and upkeep thereof. When such travel is by a State-owned automobile, 29 the State shall bear the expense of supplies and upkeep thereof but no mileage will be allowed. Agencies and 30 employees are directed to use State fueling facilities to the maximum extent possible, when such use is cost beneficial to 31 the State. When using commercial fueling facilities, operators of State-owned vehicles are directed to use self-service 32 pumps. In traveling on the business of the State, employees are required to use the most economical mode of 33 transportation, due consideration being given to urgency, schedules and like factors. 34 Mileage between an employee's home and his/her place of employment is not subject to reimbursement. However, 35 when an employee leaves on a business trip directly from his/her home, and does not go by the employee's headquarters, 36 the employee shall be eligible for reimbursement for actual mileage beginning at his/her residence. 37 K. That a State agency may advance travel and subsistence expense monies to employees of that agency for the 38 financing of ordinary and necessary travel required in the conducting of the business of the agency. The Budget and 39 Control Board is directed to develop and publish rules and regulations pertaining to the advancing of travel expenses 40 and no State agency shall make such advances except under the rules and regulations as published. All advances for 41 travel and subsistence monies shall be repaid to the agency within thirty (30) days after the end of the trip or by the end 42 of the fiscal year, whichever comes first.
X90 - SECTION 72 - GENERAL AND TEMPORARY PAGE 526 1 L. That the State institutions of higher learning are authorized to reimburse reasonable relocation expenses for 2 new employees when such reimbursements are considered by the agency head to be essential to successful recruitment 3 of professionally competent staff members. 4 M. The State Budget and Control Board is authorized to promulgate and publish rules and regulations governing 5 travel and subsistence payments. 6 N. No state funds may be used to purchase first class airline tickets. 7 72.33. (GP: Asbestos Litigation Funds) All funds involved in the settlement of asbestos litigation cases, with the 8 exception of those funds involving the University of South Carolina system and Clemson University, must be deposited 9 into an interest bearing account in the State Treasurer's Office entitled "Asbestos Expense Trust Account". The 10 University of South Carolina system and Clemson University must deposit all funds involved in the settlement of 11 asbestos litigation into separate institutional interest bearing accounts entitled "Asbestos Expense Trust Account", with 12 each institution's name appropriately captioned in their respective accounts, to be maintained in the State Treasurer's 13 Office. These accounts shall only be used for expenses relating to asbestos litigation, asbestos abatement, or other 14 asbestos related expenses or projects. Such projects must be approved by the Budget and Control Board after review by 15 the Joint Bond Review Committee. 16 72.34. (GP: State Port Authority Funds - Rent) Any funds derived by the State Port Authority from the rental, 17 lease or sale of any of its facilities shall be expended for the benefit of the particular Port where such facilities are 18 located. 19 72.35. (GP: Rental Charges, Collections State Offices) Subsection (a). The Budget and Control Board is hereby 20 directed to assess and collect a rental charge from all departments and agencies of the State Government occupying 21 space in State-controlled office buildings. The amount charged each department or agency shall be calculated on a 22 square foot, or other equitable basis of measurement, and at such rates as will yield sufficient total annual revenue to 23 cover, unless the Budget and Control Board determines otherwise, in priority order, both (1) the annual principal and 24 interest due on the Capital Improvement Obligations authorized by Act No. 829 of the 1964 Acts, Act No. 1273 of the 25 1970 Acts and Act No. 508 of the 1971 Acts and Act No. 1377 of the 1968 Acts as amended for projects administered 26 by the Division of General Services and (2) maintenance and operation costs of State-controlled office buildings in the 27 City of Columbia. The amount so collected which is applicable to the payment of principal and interest due on 28 obligations authorized by Act 1377 of the 1968 Acts as amended shall be paid into the State's General Fund to apply on 29 debt service appropriations under the Section 119 of this Act. 30 Subsection (b). All departments and agencies against which rental charges are assessed and whose operations are 31 financed in whole or in part by Federal and/or other non-appropriated funds are directed to apportion the payment of 32 such charges equitably among all such funds, so that each shall bear its proportionate share. All appropriations in this 33 Act applicable to the rental of space in State-controlled buildings (exclusive of the Department of Transportation), shall 34 be available only for payment of that portion of rental charges applicable to State-appropriated operations. 35 Subsection (c). Rental collections shall be deposited by the Budget and Control Board in the State Treasury in a 36 special account and shall be expended only for (1) payment of principal and interest due on the obligations referred to in 37 Subsection (a) above and (2) maintenance and operations costs of the buildings referred to in Subsection (a) above. 38 72.36. (GP: Organizations Receiving State Appropriations Report) Each organization receiving a contribution in 39 this Act shall render to the state agency making the contribution by November 1 of the fiscal year in which funds are 40 received, an accounting of how the State funds will be spent, a copy of the adopted budget for the current year, and also 41 a copy of the organization's most recent operating financial statement. The funds appropriated in this Act for 42 contributions shall not be expended until the required financial statements are filed with the appropriate state agency.
X90 - SECTION 72 - GENERAL AND TEMPORARY PAGE 527 1 No funds in this Act shall be disbursed to organizations or purposes which practice discrimination against persons by 2 virtue of race, creed, color or national origin. The State Auditor shall review and audit, if necessary, the financial 3 structure and activities of each organization receiving contributions in this Act and make a report to the General 4 Assembly of such review and/or audit, when requested to do so by the Budget and Control Board. 5 72.37. (GP: Information Technology - Report of Requested Increases) The Budget and Control Board, through 6 the Division of Budget and Analyses, is authorized and directed to identify all requested increases for information 7 technology for Agencies, Institutions or Departments, with the exception of colleges, universities and technical 8 institutions, compile the requests into one report, evaluate the requests and forward the evaluation to the Governor, the 9 Chairman of Senate Finance Committee and the Chairman of the House Ways & Means Committee. 10 72.38. (GP: Lump-Sum Agencies Expenditure Report) Beginning with Fiscal Year 1993-94, all All lump-sum 11 agencies shall prepare, annually, a year-end expenditure report that reflects total expenditures by source of funds, 12 program, sub-program, personnel by minor object code, and all other expenditures by major object codes as defined by 13 the Comptroller General's Office or, in the case of higher education institutions, as the expenditures are required to be 14 reported to the United States Government through the Commission on Higher Education for the Integrated 15 Postsecondary Education Data System (IPEDS). This report shall be submitted to the Division of Budget and Analyses 16 of the Budget and Control Board no later than 75 90 days following the close of each fiscal year. 17 72.39. (GP: Printing Costs Disclosure on State Publications) All agencies using appropriated funds shall print on 18 the last page of all bound publications the following information: 19 (1) Total Printing Cost 20 (2) Total Number of Documents Printed 21 (3) Cost Per Unit 22 The President Pro Tempore of the Senate, the Speaker of the House, Legislative Printing and Information 23 Technology Resource, the Presidents of each institution of higher education, and the State Board for Technical and 24 Comprehensive Education may exempt from this requirement, documents published by their respective agencies. 25 Agency publications which are produced for resale are also exempt from this requirement. 26 Publications of public relations nature, produced by Parks, Recreation and Tourism, and the Division of State 27 Development are exempt from this requirement. 28 72.40. (GP: PORS Retirees Salary Limit) Notwithstanding the provisions of subsections (1) and (2) of Section 9- 29 11-90, a retired member of the System may return to employment covered by the System and earn up to thirteen 30 thousand five hundred dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the 31 System. If the retired member continues in service after having earned thirteen thousand five hundred dollars in a fiscal 32 year, his retirement allowance must be discontinued during the period of service in the remainder of the fiscal year. If 33 the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The 34 provisions of this section do not apply to an employee or member of the System who has retired mandatorily because of 35 age pursuant to Section 9-1-1530. 36 72.41. (GP: SCRS Retirees Salary Limit) Notwithstanding any other provision of law, a retired member of the 37 System may return to employment covered by the System and earn up to thirteen thousand five hundred dollars a fiscal 38 year without affecting the monthly retirement allowance he is receiving from the System. If the retired member 39 continues in service after having earned thirteen thousand five hundred dollars in a fiscal year, his retirement allowance 40 must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues for at 41 least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not 42 apply to an employee or member of the System who has retired mandatorily because of age pursuant to Section 9-1-
X90 - SECTION 72 - GENERAL AND TEMPORARY PAGE 528 1 1530. 2 72.42. (GP: State Owned Aircraft - Maintenance Logs) Each agency having in its custody one or more aircraft 3 shall maintain a continuing log on all flights, which shall be open for public inspection. Any and all aircraft owned or 4 operated by agencies of the State Government shall be used only for official business. The Division of Aeronautics and 5 other agencies owning and operating aircraft may furnish transportation to the Governor, Constitutional Officers, 6 members of the General Assembly, members of state boards, commissions, and agencies and their invitees for official 7 business only; no member of the General Assembly, no member of a state board, commission or committee, and no state 8 official shall use any aircraft of the Division of Aeronautics unless the member or official files within forty-eight hours 9 after the time of departure of the flight with the Division of Aeronautics a sworn statement certifying and describing the 10 official nature of his trip; and no member of the General Assembly, no member of a state board, commission or 11 committee, and no state official shall be furnished air transportation by a state agency other than the Division of 12 Aeronautics unless such agency prepares and maintains in its files a sworn statement from an appropriate the highest 13 ranking official of the agency certifying that the member's or state official's trip was in conjunction with the official 14 business of the agency. Official business shall not include routine transportation to and from meetings of the General 15 Assembly or committee meetings for which mileage is authorized. 16 All logs shall be signed by the parties using the flight and the signatures shall be maintained as part of the permanent 17 record of any agency. All passengers shall be listed on the flight log by their legal name; passengers flying with an 18 appropriate official of SLED or the Division of State Development whose confidentiality must, in the opinion of SLED 19 or the Division, be protected shall be listed in writing on the flight log as "Confidential Passenger SLED or the Division 20 of State Development (strike one)" and the appropriate official of SLED or the Division shall certify to the agency 21 operating the aircraft the necessity for such confidentiality. 22 Violation of the above provisions of this section is prima facie evidence of a violation of Section 8-13-410(1) of the 23 1976 Code and shall subject a violating member of the General Assembly to the ethics procedure of his appropriate 24 house and shall subject a violating member of a state board, commission or committee, or a state official to the 25 applicable ethics procedure relating to them as provided by law. The above provisions do not apply to aircraft of the 26 Division of Aeronautics when used by the Medical University of South Carolina, nor to aircraft of the athletic 27 department or the educational foundations of any state-supported institution of higher education. The Ethics 28 Commission is authorized to make investigations of state agency records relating to these reporting requirements. 29 Officials violating the 48 hour reporting requirement in this paragraph are subject to a non-suspendable $100 fine. 30 Aircraft owned by agencies of state government shall not be leased to individuals for their personal use. 31 72.43. (GP: State Primary Prevention Strategy) The Human Services Coordinating Council is designated as the 32 entity responsible for developing and coordinating the implementation of a plan for a State Primary Prevention Strategy. 33 Primary prevention is defined as programs which seek to prevent the onset of disease, disability or high risk behaviors 34 through the enhancement of individual and community protective factors and the reduction of risk factors. The plan 35 must be submitted to the Governor, Chairman of Ways and Means and Chairman of Senate Finance for approval. Upon 36 their approval, participating agencies are authorized to utilize those funds identified as the State Primary Prevention 37 Strategy in Section 30. The project plan must provide: 1) A primary prevention mission statement; 2) Project 38 objectives; 3) Current and proposed service efforts and accomplishment indicators (input, output, outcomes and 39 efficiency); 4) A description of the anticipated benefits and costs; and 5) An independent evaluator component. 40 72.44. (GP: Carry Forward) Each agency shall be authorized to carry forward unspent general fund appropriations 41 from the prior fiscal year into the current fiscal year, up to a maximum of 10% of its original general fund 42 appropriations less any appropriation reductions for the current fiscal year. Agencies shall not withhold services in
X90 - SECTION 72 - GENERAL AND TEMPORARY PAGE 529 1 order to carry forward general funds. 2 This provision is suspended if necessary to avoid a fiscal year-end general fund deficit. For purposes of this proviso, 3 the amount of the general fund surplus/deficit shall be considered after all appropriations from the Capital Reserve Fund 4 have been allowed and before any transfers from the General Reserve. The amount of general funds needed to avoid a 5 year-end deficit shall be reduced proportionately from each agency's carry forward amount. 6 Agencies which have separate general fund carry forward authority must exclude the amount carried forward by such 7 separate authority from their base for purposes of calculating the 10% carry forward authorized herein. Any funds that 8 are carried forward as a result of this provision are not considered part of the base of appropriations for any succeeding 9 years. Notwithstanding any other provisions of law, state agencies and institutions shall be allowed to spend carry 10 forward monies from the previous fiscal year to provide selected employees a one-time lump sum bonus not to exceed 11 $1,000, based on objective guidelines established by the Budget and Control Board. This payment is not a part of the 12 employee's base salary and is not earnable compensation for purposes of employee and employer contributions to 13 respective retirement systems. 14 72.45. (GP: Publication List for General Assembly) With the exception of the Governor's Executive Budget and 15 related documents and telephone directories, and notwithstanding any other requirement, mandate, or provision of this 16 act to the contrary, no agency, department, or entity of state government shall provide the General Assembly with hard 17 copies of a publication whether or not the publication, report, or other document is required to be furnished to the 18 General Assembly by law, and a publication only may be provided to a member of the General Assembly if the member 19 requests the publication. Nothing herein prevents the agency or department from transmitting such publications to the 20 Office of Legislative Printing and Information Technology Resources (LPITR) by electronic medium in such format and 21 form and in accordance with such technical standards as may be established by LPITR. LPITR may make any such 22 information transmitted available through its network. Any report governed by the requirements of this proviso may be 23 published in hard copy form if authorized by the Speaker of the House and the President Pro Tempore of the Senate. 24 72.46. (GP: Regulatory Audit) Each agency shall conduct a jurisdictional audit for the purpose of identifying 25 laws, regulations and provisos which are not being used or no longer need to be regulated. After identifying these laws, 26 repeals are to be drafted for submission to the General Assembly. 27 72.47. (GP: Written Notice of Fee Changes) All state administrative or executive agencies which have the 28 authority to impose charges, fines, fees, levies, or penalties, of any nature, pursuant to statutory or regulatory 29 authorization, shall give written notice if requested to any person affected by or subject to the assessment prior to 30 collection. The notice required pursuant to this section shall include an appropriate citation to the relevant statutory or 31 regulatory provision which authorizes the imposition of the assessment. No assessment made by a state administrative 32 or executive agency against an affected person shall be valid, absent express statutory or regulatory authorization. 33 72.48. (GP: TEFRA-Tax Equity and Fiscal Responsibility Act) It is the intent of the General Assembly that the 34 State Medicaid Plan be amended to provide benefits for disabled children as allowed by the Tax Equity and Fiscal 35 Responsibility Act (TEFRA) option. State agencies, including but not limited to, the Office of the Governor - the 36 Continuum of Care, the Department of Health and Environmental Control, the Department of Mental Health, the 37 Department of Disabilities and Special Needs, and the Department of Health and Human Services shall collectively 38 review and identify existing state appropriations within their respective budgets that can be used as state match to serve 39 these children. Such funds shall be used effective January 1, 1995 to implement TEFRA option benefits. 40 72.49. (GP: Federally Declared Disaster Reimbursement) Notwithstanding Section 11-9-125, any state agency, 41 college, or university which has a grant agreement with and has received prior disaster reimbursements for losses 42 incurred during Hurricane Hugo federally declared disasters from the Office of State Public Assistance and where said
X90 - SECTION 72 - GENERAL AND TEMPORARY PAGE 530 1 state agency, college or university may not have received full reimbursement for eligible program management costs 2 associated with disaster recovery activities incurred during Hurricane Hugo such disasters may seek further 3 reimbursement for eligible program management costs related to Hurricane Hugo such disasters and is authorized to 4 retain these funds for use within the agency's operating budget. 5 72.50. (GP: Frequent Flyer Premiums) State agencies and employees shall select air carriers based on cost and 6 time criteria, not on whether frequent flyer premiums are given. State agencies should ensure that employees earning 7 frequent flyer premiums while traveling on State business use them to reduce the cost of subsequent business travel 8 whenever possible. 9 72.51. (GP: Prison Industries) All agencies funded in this Act, when procuring goods and services, shall first 10 consider contracting for services or purchasing goods and services through the Department of Corrections' Prison 11 Industries Program. The Department of Corrections shall furnish, upon request, to all agencies a catalogue of goods and 12 services provided by Prison Industries. The Department is hereby directed to develop and market a catalogue of Prison 13 Industries products for nationwide circulation. 14 72.52. (GP: Out-Of-State Travel Report) Annually on October 1, the Comptroller General shall issue a report on 15 out-of-state travel expenditures for the prior fiscal year which shall be distributed to the Senate Finance Committee, the 16 House Ways and Means Committee and the Statehouse Press Room. The Comptroller General may use up to $500 of 17 general fund appropriations for the purpose of providing copies to the media or the public upon request. The report 18 must contain a listing for every agency receiving an appropriation in the annual General Appropriations Act. The listing 19 must show at a minimum the top ten percent of employees for whom out-of-state travel expenses and registration fees 20 were paid within each agency, not to exceed twenty-five employees per agency. Agencies should include position titles 21 for each of the top twenty-five travelers for each agency. Expenditures must include state, federal and other sources of 22 funds. The list for each agency must be in rank order with the largest expenditure first and the name of the employee 23 must be shown with each amount. Agencies should include a brief summary of the type of out-of-state travel the agency 24 incurs. The Comptroller General may provide additional information as deemed appropriate. The Comptroller General 25 shall provide no exceptions to this report in that the information contained is not considered confidential or restricted for 26 economic development purposes. However, further disclosure of detailed information shall be restricted as provided for 27 by law. 28 72.53. (GP: Transfer of Functions) All matters relating to the enforcement and administration of the provisions of 29 Chapters 1, 3, 5, 10 and 27 of Title 56 of the 1976 Code are transferred from the Department of Revenue and Taxation 30 to the Department of Public Safety. 31 72.54. (GP: School Technology Initiative) From the funds appropriated/authorized to the Budget and Control 32 Board's Office of Information Resources for school technology, the Board shall, in consultation with the State 33 Department of Education and South Carolina Educational Television, begin the development of a statewide educational 34 technology initiative. This initiative is intended to provide technology connectivity for K-12 public schools throughout 35 the State and should, to the maximum extent possible, involve public-private sector collaborative efforts. $11,000,000 36 shall be used for connectivity continuation of funding to the SCINET and Internet access for schools and county 37 libraries, $1,500,000 for digitization of SC ETV video resources, and $11,616,516 for the purchase of personal 38 computers, software, file servers, routers for the schools and related training and materials for teachers and technical 39 support staff. The funds appropriated for the purchase of personal computers, software, file servers, routers for schools 40 and related training and materials for teachers and technical support staff shall be distributed to each school district 41 based on a ratio of district free and reduced lunches for first through third grades to the state total free and reduced 42 lunches for first through third grades. The Budget and Control Board shall retain and carry forward funds to be used
X90 - SECTION 72 - GENERAL AND TEMPORARY PAGE 531 1 for the same purpose. 2 72.55. (GP: Disabled & Mentally Ill Employment Task Force) A task force shall be established to develop a plan 3 to maximize the employment of persons with severe disabilities and persons diagnosed with mental illness and to 4 maximize the use of current resources to support this effort. Task force members shall include the Director of 5 Vocational Rehabilitation, the Director of the Department of Mental Health and the Director of the Department of 6 Disabilities and Special Needs or their designees; a county-level director from Vocational Rehabilitation, the 7 Department of Mental Health and the Department of Disabilities and Special Needs from rural counties or their 8 designees; a county-level director from Vocational Rehabilitation, the Department of Mental Health and the Department 9 of Disabilities and Special Needs from an urban county or their designees; and ten consumers/family members to 10 represent and to be divided equally among the areas of mental retardation, autism, head injuries, spinal cord injuries and 11 mental illness. This task force shall be established no later than July 15, 1996. The task force shall review what our 12 state and other states provide in the area of vocational services to these populations to identify ways our system can 13 improve in serving these population's employment needs. A report will be presented with specific recommendations for 14 improvement to the House Ways and Means Committee, the Senate Finance Committee, and the Governor's Office by 15 January 15, 1997. 16 72.56. (GP: Common Intake & Assessment Task Force) A common intake and assessment procedure and a plan 17 for its use shall be developed by a task force to include a representative from each agency that provides services to 18 children with disabilities and their families. The agencies shall include the directors of the Department of Education, 19 the Department of Disabilities and Special Needs, the Department of Health & Environmental Control, the Department 20 of Mental Health and the Department of Social Services or their designees. The task force shall also include five 21 advocates/consumers/family members who have children using services from these agencies. A report shall be 22 submitted to the House Ways and Means Committee, the Senate Finance Committee and the Governor's Office by 23 January 15, 1997. This task force shall continue and report annually for three years on the implementation, quality and 24 success of this plan. 25 72.57. (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 28 community participation, education and partnerships. The strategic objective of this system shall be to eliminate 29 vaccine-preventable diseases in South Carolina. These agencies will monitor the quality and effectiveness of this 30 system through the development of an accessible statewide immunization information system and shall report annually 31 by January 15th to the Governor, the House Ways and Means Committee and the Senate Finance Committee. However, 32 if adequate federal funds are made available, any excess funds must be remitted to the General Fund. 33 72.58. (GP: (Long Term Care System) The Department of Health and Human Services and the Department of 34 Health and Environmental Control shall, in coordination with other appropriate agencies and organizations, develop a 35 system of services which provides a continuum of long term care services for elderly individuals and their families. The 36 system shall integrate available funding streams, design a common intake system, incorporate recipient directed care 37 and voucher options to the extent possible, expand the current continuum to better address all levels of care needed and 38 develop an eligibility/access system. The agencies will identify any changes necessary in the certificate of need rules 39 which will better support this system by lowering cost and increasing access. The system shall include a process to 40 routinely assess the system of care focusing on quality, access, outcomes and efficiency. The agencies shall report 41 annually to the Governor, to the House Ways and Means Committee and to the Senate Finance Committee no later than 42 January 15th on this system.
X90 - SECTION 72 - GENERAL AND TEMPORARY PAGE 532 1 72.59. (GP: Secretary of State Employee Rights) Where the provisions of this Act transfer the Office of the 2 Secretary of State or any particular entities, sections, division or portions thereof, to another state agency, department or 3 division, the related employees of the Office of the Secretary of State are also transferred to and become part of the 4 receiving agency, department or division unless otherwise specifically provided. All classified and unclassified 5 personnel employed by the Office of the Secretary of State on the effective date of this Act shall become employees of 6 the receiving agency, department or division, and retain the same compensation, and grade level, as applicable, unless 7 otherwise specifically provided. Employees transferred under this provision will not experience a break in service and, 8 if at the time of transfer, they are covered by the provisions of the State Employee Grievance Procedure Act of 1982, 9 they continue to be covered by the provisions of that Act. This provision applies only to those employees who have at 10 least a "meets" performance requirements rating in their position with the Office of the Secretary of State prior to the 11 effective date of this Act. 12 72.60. (GP: Public Relations Contract Services) All state agencies or other entities existing by state law that 13 receive an annual appropriation are required to file a report with the State Ethics Commission listing all contracts for 14 public relations, communications, and legislative strategy services. This report shall include the terms, conditions, and 15 amounts expended for these purposes and shall be submitted by June 30, 1997. 16 72.61. (GP: Establish Positions for DPS New Trooper Class) The Budget and Control Board, based on funds 17 appropriated in Part IA of this Act for the Department of Public Safety, is directed to establish 35 FTEs for a new 18 trooper class. 19 72.62. (GP: State Operated Day Care Facilities Fees) Any state agency receiving funding in this Act and any 20 higher education institution, including 4 year institutions, 2 year institutions, and technical colleges, that operates an 21 early childhood development center or day care facility shall charge, at a minimum, fees that are comparable to those 22 charged by private day care facilities in the local community. The institution or agency shall not restrict enrollment in 23 the center solely to the children of faculty, staff, and students of the institution; nor shall fees be set at a lower level for 24 faculty, staff, or students of the institution or agency. 25 72.63. (GP: Prevent Welfare Reform Duplication of Services) The intent of the General Assembly is that the 26 Department of Social Services not duplicate services available at the Employment Security Commission and other state 27 agencies. All state agencies are directed to cooperate with DSS as it implements the Family Independence Act of 1995. 28 Monies appropriated for the purpose of implementing the Family Independence Act of 1995 and used to hire persons or 29 procure services for employment training purposes shall be reported to the Governor to ensure duplication of services 30 does not occur. 31 72.64. (GP: BCB-Division of Operations: School District Private Contracting Solicitation) By December 1, 1996, 32 the Division of Operations of the Budget and Control Board, in consultation with the Department of Education, will 33 conduct a feasibility study as to the most efficient means of providing school transportation services. The Department 34 of Education shall not proceed with solicitations for proposals without prior approval by the General Assembly. 35 72.65. (GP: SDE Agriculture Education Transfer to Clemson PSA) The Budget and Control Board, in 36 conjunction with the Department of Education, shall transfer all federal funds, regardless of source, and positions both 37 directly and indirectly associated with Agricultural Education at the Department of Education to Clemson-PSA no later 38 than July 15, 1996 1997. The Department of Education shall submit a report reflecting the positions, funds and method 39 for determining the amount and number of positions to be transferred to the Chairman of the Senate Education 40 Committee and the Chairman of the House Education and Public Works Committee by July 10, 1996. Notwithstanding 41 any other provisions of law, funds and positions transferred to Clemson-PSA from the Department of Education for 42 Agricultural Education shall be used for personnel positions and related office and travel expenses to provide overall
X90 - SECTION 72 - GENERAL AND TEMPORARY PAGE 533 1 leadership, coordination, and structure for agricultural education programs, EFA activities and SC Association of Young 2 Farmers activities in the public schools of South Carolina. Clemson PSA shall provide a report to the Department of 3 Education on the use and expenditure of the federal funds transferred by the Department of Education to Clemson PSA 4 no later than December 1, of the current fiscal year. 5 72.66. (GP: Transfer of Grants Services & Indirect Cost Allocation) The Budget and Control Board, in 6 conjunction with the Governor's Office shall transfer all funds, positions, and related inventory and equipment 7 associated with the Grants Services Section and the Indirect Cost Allocation Section of the Office of Executive Policy 8 and Programs of the Governor's Office to the Division of Budget and Analyses of the Budget and Control Board, as 9 soon as practical on or after July 1, 1997. The operation of these programs shall become the responsibility of the 10 Division of Budget and Analyses. 11 The Budget and Control Board, Division of Budget and Analyses is further directed to review Act 651 of 1978 and 12 other appropriate sections of the Code of Laws and propose any changes necessary in conjunction with this transfer not 13 later than November 15, 1997. 14 72.67. (GP: $3M CCI Transfer to Corrections) Of the proceeds resulting from the sale of the Central 15 Correctional Institution, the State Budget and Control Board shall transfer an amount, up to three million dollars, to 16 the Department of Corrections. 17 72.68. (GP: Base Budget Analysis) Agencies' annual accountability reports for 1996-97, as required in Section 18 1-1-810, must be accessible to the House Ways & Means Committee and to the public on or before November 1, 1997, 19 for the purpose of a zero base budget analysis. Technical assistance will be available from the Office of State Budget. 20 The Committee may 21 award a Certificate of Excellence in Governing to the three agencies with the most exemplary accountability reports. 22 These reports will be used as models for future accountability reports. 23 72.69. (GP: Transfer of Printing Operations) The following state agencies under the directions of the Governor's 24 Office shall cooperate with the Budget and Control Board to identify and facilitate the transfer of any portion of their 25 operation, including transfer of funds to the Budget and Control Board to support this function during Fiscal Year 26 1997-98. The following agencies will make a permanent transfer of state funds as specified below and the Department 27 of Social Services shall permanently transfer two full time equivalent positions to the Budget and Control Board, 28 Division of Operations to be effective July 1, 1997, for the management of all printed related issues. 29 Department of Corrections $ 7,000 30 Department of Health & Environmental Control $ 7,000 31 Department of Mental Health $ 7.000 32 Department of Natural Resources $ 7,000 33 Department of Probation, Parole & Pardon Services $ 7,000 34 Department of Public Safety $ 7,000 35 Department of Revenue $ 7,000 36 Department of Social Services $22,170 and two full time equivalent positions 37 Department of Transportation $ 7,000 38 72.70. (GP: Professional Dues) State agencies and institutions are prohibited from paying or reimbursing 39 professional dues payments for individuals to the American Bar Association. 40 72.71. (GP: Federal/Other Funded Employee Bonus) Notwithstanding any other provision of law, state agencies 41 and institutions shall be allowed to spend federal and other sources of revenue to provide selected employees a one-time 42 lump sum bonus not to exceed $1,000, based on objective guidelines established by the Budget and Control Board.
X90 - SECTION 72 - GENERAL AND TEMPORARY PAGE 534 1 Agencies affected by this proviso shall maintain documents verifying that the bonuses funded were from savings 2 resulting from increased efficiency in their operations. Also, agencies using Federal funds for the bonus must show that 3 the use of these funds is in compliance with Federal law. This payment is not a part of the employee's base salary and 4 is not earnable compensation for purposes of employee and employer contributions to respective retirement systems. 5 72.72. (GP: Division of Aging Transfer to DHHS) Notwithstanding any other provision of law, effective July 1, 6 1997, the duties, functions, and responsibilities of the Division on Aging in the Office of the Governor are transferred to 7 the Department of Health and Human Services. The B&C Board, Division of Budget and Analyses shall take the 8 necessary actions to effect this transfer. All personnel, appropriations, and FTE's of the Division shall be transferred 9 to the DHHS on July 1, 1997. 10 72.73. (GP: Victim/Witness Personnel) The State Budget and Control Board is directed to conduct a study on the 11 services provided by state agencies, counties and municipalities to victims and witnesses. The study shall include, but 12 not be limited to, the types of assistance rendered as well as a review of the existing number and type of personnel 13 providing such services. The State Budget and Control Board shall submit a report to the Governor, the Chairman of 14 the Senate Finance Committee and the Chairman of the House Ways & Means Committee by January 1, 1998. 15 72.74. (GP: Boards of Dentistry & Accountancy Study) The State Reorganization Commission is directed to study 16 the feasibility of transferring the Board of Dentistry and the Board of Accountancy from the Department of Labor, 17 Licensing and Regulations and establishing the Boards as separate agencies with the same duties and powers as held 18 prior to Act 181 of 1993, which restructured state government. A report on the findings of the study shall be submitted 19 to the Ways and Means Committee and the Senate Finance Committee by December 1, 1997. 20 72.75. (GP: Hold Harmless - Reserve Funds) The General Reserve Fund and the Capital Reserve Fund shall not 21 be less than the amounts required in FY 97-98. 22 23 SECTION 73 24 25 73.1. (Year End Expenditures) Unless specifically authorized herein, the appropriations provided in Part I of this 26 Act as ordinary expenses of the State Government shall lapse on July 31, 1997 1998. State agencies are required to 27 submit all current fiscal year input documents to the Comptroller General's Office by July 18, 1997 July 20, 1998. 28 Appropriations for Permanent Improvements, now outstanding or hereafter provided, shall lapse at the end of the second 29 fiscal year in which such appropriations were provided, unless definite commitments shall have been made, with the 30 approval of the State Budget and Control Board and Joint Bond Review Committee, toward the accomplishment of the 31 purposes for which the appropriations were provided. Appropriations for other specific purposes aside from ordinary 32 operating expenses, now outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which such 33 appropriations were provided, unless definite commitments shall have been made, with the approval of the State Budget 34 and Control Board, toward the accomplishment of the purposes for which the appropriations were provided. 35 END OF PART IB