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 commodities
10 and services, and income derived from any other departmental or institutional source of activity, must be remitted to the
11 State Treasurer at least once each week, when practical, and must be credited, unless otherwise directed by law, to the
12 General Fund of the State. Each institution, department or agency, in remitting such income to the State Treasurer, shall
13 attach with each such remittance a report or statement, showing in detail the sources itemized according to standard budget
14 classification from which such income was derived, and shall, at the same time, forward a copy of such report or statement
15 to the Comptroller General and the State Budget and Control Board. In order to facilitate the immediate deposit of
16 collections, refunds of such collections by the State institutions where properly approved by the authorities of same, may
17 be made in accordance with directions from the State Comptroller General and State Treasurer. Revenues derived from the
18 General Retail Sales Tax, the Soft Drinks Tax, and the State's portion of Revenue derived from the Alcoholic Liquors Tax
19 and Cable Television Fees, must be expended to cover appropriations herein made for the support of the public school
20 system of the State only, and any amount of such appropriations in excess of these revenues shall be paid from other General
21 Fund Revenues. Appropriations in this Act for the support of the public school system shall include the following:
22 Department of Education;
23 State Board for Technical and Comprehensive Education;
24 Educational Television Commission;
25 Wil Lou Gray Opportunity School;
26 School for the Deaf and the Blind;
27 John de la Howe School;
28 Debt Service on Capital Improvement Bonds Applicable to
29 Above Agencies;
30 Debt Service on School Bonds.
31 Other School Purposes.
33 SECTION 1A
35 1A.1. (Use of Funds) It is the intent of the General Assembly to appropriate all State funds and to authorize and/or
36 appropriate the use of all Federal and other funds for the operations of State agencies and institutions for the current fiscal
37 year. Transfers of funds may be approved by the Budget and Control Board under its authority or by the agency as set forth
38 herein in Section 72.9. Any agency which requests or transfers personal service funds must indicate on the transfer
PAGE 424 1 document whether or not a reduction in force is involved. To the extent practicable, all agencies and institutions having 2 Federal or other funds available for the financing of their operation shall expend such funds in accordance with the intent 3 of this Act. The authorization to spend Federal and other funds shall be decreased to the extent that receipts from these 4 sources do not meet the estimates as reflected in each Section of this Act; and any increase shall be authorized through the 5 review process as set forth in Act 651 of 1978 as amended. 6 7 SECTION 2 8 9 2.1. (Appropriations From Funds) Subject to the terms and conditions of this act, the sums of money set forth in this 10 Part, if so much is necessary, are appropriated from the general fund of the state, the education improvement act fund, the 11 highways and public transportation fund, and other applicable funds, to meet the ordinary expenses of the state government 12 for Fiscal Year 1996-97 1997-98, and for other purposes specifically designated. 13 14 SECTION 2A 15 16 2A.1. (Fiscal Year Definitions) For purposes of the appropriations made by this Part, "current fiscal year" means the 17 fiscal year beginning July 1, 1996 1997, and ending June 30, 1997 1998, and "prior fiscal year" means the fiscal year 18 beginning July 1, 1995 1996, and ending June 30, 1996 1997. 19 2A.2. (Descriptive Proviso Titles) Descriptive proviso titles listed in this Act are for purposes of identification only 20 and are not to be considered part of the official text. 21 22 A99 - SECTION 3 - LEGISLATIVE DEPARTMENT 23 24 3.1. (LEG: Legislative Employee Designations) The positions included in this section designated (P) shall denote 25 a permanent employee and the salary is an annual rate. The positions designated (T) shall denote a temporary employee 26 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 27 positions designated as (Interim) shall denote a temporary employee and the salary is for a period of six months to be paid 28 at that rate while the General Assembly is not in session. The positions designated (PTT) shall denote part-time temporary 29 employees on a twelve months basis. The positions designated (PPT) shall denote permanent part-time employees retained 30 for full-time work on a six months basis or the duration of the legislative session. 31 3.2. (LEG: House Employee Reimbursement) The Speaker of the House is authorized to reimburse travel and other 32 expenses incurred by employees of the House of Representatives for official business in accord with current rules and 33 regulations. 34 3.3. (LEG: Approved Accounts Expenditure) The clerks of the two Houses and the Legislative Council are authorized 35 to issue their warrants on Approved Accounts for necessary extra clerical or other services upon approval of the Speaker 36 of the House or Lieutenant Governor, respectively. 37 3.4. (LEG: Legislative Employee BPI/Merit) Notwithstanding any other provision of law, legislative employees 38 designated (P) or (PPT) shall receive base pay and average merit pay in the same manner as such pay is granted to classified
A99 - SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 425 1 state employees. For purposes of this proviso, "legislative employees" does not include employees of the House of 2 Representatives. 3 3.5. (LEG: House Employees Salary Adjustments) Necessary temporary or permanent research assistants for the 4 House of Representatives shall be paid from Approved Accounts of the House upon approval of the Speaker with the advice 5 and consent of the Chairman of the standing committees. The Speaker may adjust salary levels of employees of the House, 6 to be paid for from funds carried forward from the Research Assistant Accounts. 7 3.6. (LEG: Interim Expenses Allowance) The Chairman of the Standing House and Senate Committees shall each 8 be allowed the sum of four hundred dollars for expenses during the interim, between sessions of the General Assembly, to 9 be paid from the House or Senate approved accounts, with each body paying the expense allowance of the chairman in its 10 membership. 11 3.7. (LEG: Subsistence/Travel Regulations) Notwithstanding any other provision of law: 12 a. Members of the General Assembly shall receive subsistence expense equal to the maximum allowable by regulation 13 of the Internal Revenue Code, for the Columbia area for each legislative day that the respective body is in session and in 14 any other instance in which a member is allowed subsistence expense. No member of the General Assembly except those 15 present are eligible for subsistence on that day. Legislative day is defined as those days commencing on the regular annual 16 convening day of the General Assembly and continuing through the day of adjournment sine die, excluding Friday, 17 Saturday, Sunday and Monday. 18 b. Standing Committees of the Senate and House of Representatives are authorized to continue work during the 19 interim. When certified by the Chairman, the members serving on such Committees shall receive a subsistence as provided 20 in item "a." above, mileage at the rate provided for by law, and the regular per diem established in this Act for members of 21 boards, commissions, and committees while attending scheduled meetings. Members may elect to receive actual expenses 22 incurred for lodging and meals in lieu of the allowable subsistence expense. The funds for allowances specified in this 23 proviso shall be paid to the members of the Senate or House of Representatives from the Approved Accounts of the 24 respective body except as otherwise may be provided. 25 c. Joint Study Committees created pursuant to Acts and Resolutions of the General Assembly are authorized to 26 continue work during the interim to secure such information and complete such investigations as may be assigned to the 27 respective Committees. When certified by the Chairman, the members appointed to such Committees shall receive a 28 subsistence as provided in item "a." above, mileage at the rate provided for by law and the regular per diem established in 29 this Act for members of boards, commissions, and committees while attending scheduled meetings. Members may elect 30 to receive actual expenses incurred for lodging and meals in lieu of the allowable subsistence expense. The allowances 31 specified in this proviso shall be paid from funds appropriated to the respective Committees for such purposes, or from 32 Approved Accounts of the respective body of the General Assembly if no funds have been appropriated to such a Committee 33 for these purposes. 34 d. Members of the Senate and the House of Representatives when traveling on official State business shall be allowed 35 a subsistence as provided in item "a." above, transportation expenses as provided for by law and the regular per diem 36 established in this Act for members of boards, commissions, and committees upon approval of the appropriate Chairman. 37 When traveling on official business of the Senate or the House of Representatives not directly associated with a Committee 38 of the General Assembly, members shall be paid the same allowance upon approval of the President Pro Tempore of the
A99 - SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 426 1 Senate or the Speaker of the House of Representatives. In either instance, the members may elect to receive actual expenses 2 incurred for lodging and meals in lieu of the allowable subsistence expense. The funds for the allowances specified in this 3 proviso shall be paid from the Approved Accounts of the Senate or the House of Representatives or from the appropriate 4 account of the agency, board, commission, task force or committee upon which the member serves. 5 3.8. (LEG: Expense/Compensation Vouchers) All vouchers for the payment of the expenses and/or compensation 6 of committees of the General Assembly shall be prepared by the Clerks of the two Houses. 7 3.9. (LEG: Senate Voucher Approval) All payroll vouchers disbursement vouchers, and interdepartmental transfers 8 of the Senate shall only require the approval of the Clerk of the Senate. 9 3.10. (LEG: Supplies Approval) Notwithstanding any other provision of law, all supplies for the Senate shall be 10 purchased only upon the authority of the Clerk of the Senate and all supplies for the House of Representatives shall be 11 purchased only upon the authority of the Clerk of the House. 12 3.11. (LEG: Telephone Service) The Clerks of the Senate and the House, with the approval of the Senate Operations 13 and Management Committee and the Speaker of the House, respectively, shall cause to be installed such telephone service 14 as may be appropriate for use of the membership and presiding officer of each legislative body. 15 3.12. (LEG: Research Directors Appointment) The Speaker of the House shall appoint the Executive Director of 16 Research. The Speaker, with the advice and consent of the individual committee chairman, shall appoint the Director of 17 Research for each standing committee. 18 3.13. (LEG: House Pages) One hundred forty-four Pages shall be appointed by the Speaker of the House of 19 Representatives and they shall be available for any necessary service to the House of Representatives. 20 3.14. (LEG: Sergeant-At-Arms & Director of Security Duties) The duties of the Sergeant-at-Arms and Director of 21 Security of the respective Houses and/or Assistant Sergeant-at-Arms shall be those provided by the Code, the Rules of the 22 respective Houses, those designated by the President Pro Tempore of the Senate or the Speaker of the House, the security 23 of personnel and property of the respective Houses, and in addition the Sergeant-at-Arms and Director of Security of the 24 respective Houses and/or Assistant Sergeant-at-Arms shall meet and escort visitors in and about their respective bodies and 25 shall, during the hours of duty, be dressed in a distinctive manner so as to be easily identified as Sergeant-at-Arms and 26 Director of Security of the respective Houses. 27 3.15. (LEG: Leg. Council Employment/Salary Adjustments) The Legislative Council is authorized to employ 28 additional stenographic or other help between sessions as the Council may deem necessary, at such salary or salaries as the 29 Council may set, to be paid from Approved Accounts. Notwithstanding any limitation or other provision of law to the 30 contrary, the Legislative Council may adjust salaries for Legislative Council personnel. Any adjustments made must be paid 31 from funds appropriated for the Council or from the funds appropriated to the Council under Section 3C for this purpose, 32 or both. 33 3.16. (LEG: Leg. Information Systems Management) The Legislative Information Systems shall be under the direction 34 and management of a council composed of the President of the Senate, Speaker of the House, Chairman of Senate Finance 35 Committee, Chairman of House Ways and Means Committee, Chairman of the Senate Judiciary Committee and Chairman 36 of the House Judiciary Committee. 37 3.17. (LEG: Legislative Printing Management) The Office of Legislative Printing and Information Technology 38 Resources shall operate under the supervision and administrative direction of the Clerks of the respective Houses.
A99 - SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 427 1 3.18. (LEG: State House Renovation) Any improvements and additions to the State House must be recommended or 2 approved by the State House Committee of the General Assembly, and that bidding, executing, and carrying out of contracts 3 shall be in accord with standing regulations and procedures for any other work of the same type applicable to agencies and 4 institutions of State government. 5 3.19. (LEG: Senate Research Personnel Compensation) Notwithstanding any other provision of law, Senate Research 6 personnel other than Directors of Research and the committee research staff shall be paid from funds appropriated for Senate 7 Research at the direction of the Clerk of the Senate. 8 3.20. (LEG: Legislative Council Availability) Personnel employed under the provisions of Subsection 3C of this 9 section for Legislative Research shall be available upon request of the Committee Chairman to work with the standing or 10 interim committees of the Senate and the House of Representatives. 11 3.21. (LEG: Contract for Services) The Standing Committees of the Senate may, upon approval of the President Pro 12 Tempore, contract with state agencies and other entities for such projects, programs, and services as may be necessary to 13 the work of the respective committees. Any such projects, programs or services shall be paid from funds appropriated for 14 contractual services. 15 3.22. (LEG: Jt. Leg. Committee Operational Authorization) Only the Joint Legislative Committees for which funding 16 is provided herein are authorized to continue operating during the current fiscal year under the same laws, resolutions, rules 17 or regulations which provided for their operations during the prior fiscal year. 18 3.23. (LEG: Legislative Carry Forward) In addition to the funds appropriated in this section, the funds appropriated 19 under Sections 3A, 3B, 3C, 3D, and 3G for the prior fiscal year which are not expended during that fiscal year may be 20 carried forward to be expended for the same purposes in the current fiscal year. 21 3.24. (LEG: Senate Expenditures/O&M Committee) Notwithstanding any limitation or other provisions of law to the 22 contrary, funds expended by the Senate for salary adjustments, professional fees and dues and necessary expenses, supplies, 23 and equipment for Senate employees, must be paid from funds appropriated to the Senate Operations and Management 24 Committee and funds available in approved accounts of the Senate, and shall be authorized and allocated in such manner 25 as determined by the Senate Operations and Management Committee. 26 3.25. (LEG: Nurses) The State shall provide to the nurses under Subsection 3A of this section the same leave time and 27 basic health and accident insurance coverage as is provided other state employees pursuant to law. All of the amount 28 provided in 3A for nurses shall be utilized for the specified purpose. 29 3.26. (LEG: Dues) The funds provided herein for the Council of State Governments and the National Conference of 30 State Legislatures are appropriated to be paid as dues to the respective organizations and these funds shall not be transferred 31 to any other program. 32 3.27. (LEG: Copy of Act to Counties) Notwithstanding any other provision of law, the Clerk of the House is required 33 to send only one copy of each Act to the Clerk of the Court of the various counties. 34 3.28. (LEG: In-District Compensation) All members of the General Assembly shall receive an in district compensation 35 of $300 per month for the months of July, 1994 through December, 1994. All members of the General Assembly shall 36 receive an in district compensation of $1,000 per month effective January 1, 1995. 37 3.29. (LEG: Additional House Support Personnel) An amount of $150,000 is appropriated for the purpose of providing 38 additional support personnel to assist House members who are not already being furnished with direct legislative assistance
A99 - SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 428 1 in the conduct of their Legislative responsibilities. This amount shall be used for staffing requirements where necessary for 2 part time personnel. The additional personnel shall be used only when the House is in regular, extended, or special session. 3 At a member's request, the House Operations and Management Committee may use any unexpended portion of a member's 4 allotment to purchase equipment for a member's office. The amount herein appropriated for additional support personnel 5 to assist House members shall be allocated to each member on a pro-rata basis. Each member may choose to expend his 6 allocation for an individual legislative aide or may choose to combine his allocation with allocations of other House 7 members for a legislative aide to assist each of the members contributing to the expense of that aide. 8 3.30. (LEG: Per Diem) No per diem may be paid to any person from more than one source for any one calendar day. 9 3.31. (LEG: House Postage) The Speaker of the House is authorized to approve no more than $600 per member per 10 fiscal year for postage. 11 3.32. (LEG: Legislative Dual Employment) Each committee and joint legislative committee provide a list to the 12 members of the General Assembly of all employees who hold dual positions of state employment. 13 3.33. (LEG: Legislative Council Proofreaders) The Director of the Legislative Council is authorized to have the staff 14 proofreaders work one month before and one month after the session. 15 3.34. (LEG: Study Committee - Education) A joint study committee, consisting of three members of the House Ways 16 and Means Committee appointed by the Chairman of the House Ways and Means Committee, one member of the House 17 Education and Public Works Committee appointed by the Chairman of the House Education and Public Works Committee, 18 three members of the Senate Finance Committee appointed by the Chairman of the Senate Finance Committee, one member 19 of the Senate Education Committee appointed by the Chairman of the Senate Education Committee, and three members 20 appointed by the Governor, shall study formula funding in education programs. The Chairman of the Senate Finance 21 Committee shall convene the initial meeting of the study committee. The formulas to be studied include those utilized in 22 Education Finance Act programs, the determination of the Southeastern average teacher pay, and the funding of institutions 23 of post-secondary education. The State Board of Education, the State Board for Technical and Comprehensive Education, 24 the Commission on Higher Education and any institution of post-secondary education or school district must provide the 25 committee such information as the committee requests. The first priority for committee study is the Education Finance Act 26 including, but not limited to, the base student cost, the index of taxpaying ability including specifically the impact of the 27 emergence of totally self-reliant school districts upon the formula and the annual inflation factor. The expenses of the 28 legislative members of the study committee shall be paid from the approved accounts of their respective bodies. The 29 expenses of the gubernatorial appointees shall be absorbed within the Governor's office. 30 3.35. (LEG: House Staff Reclassification/Compensation) The appropriation for Staff Reclassification Compensation 31 provided for in Section 3B is for use by the Speaker for reclassification and salary adjustment of any employee of the House 32 of Representatives after consultation with the Operations and Management Committee and the chairmen of the other 33 Standing Committees of the House. 34 3.36. (LEG: House/Senate Staff Outside Employment) Full-time employees of the House of Representatives and the 35 Senate are prohibited from outside employment during normal working hours, except with the permission of an employee's 36 department head, and annual leave must be taken for any approved outside employment. 37 3.37. (LEG: Guardian Ad Litem Pgm. Technology Equipment) Notwithstanding any other provision of law, or agency 38 regulation, requirement or policy to the contrary, the Guardian Ad Litem Program is authorized to procure necessary
A99 - SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 429 1 technology equipment under the provisions and procedures set forth in Chapter 35 of Title 11 of the 1976 Code as amended. 2 3.38. (LEG: Dialup Facility) Upon review and approval by the Council as provided in 3.16., Legislative Information 3 Systems is authorized to charge fees for the use of its Dialup Facility and to retain, use and carry forward these funds to be 4 used only for equipment and maintenance for this Facility. 5 3.39. (LEG: Leg. Council Combined Position) The Director of the Legislative Council, with the approval of the 6 Council, is authorized to combine two or more stenographic, clerical, technical assistant, or administrative assistant positions 7 into one with a job description for the combined position to be approved by the Council, with a compensation level also 8 approved by the Council. The appropriations or any portion thereof for the positions combined into one may be used to fund 9 the combined position. 10 3.40. (LEG: Reorganization Comm. Publications Carry Forward) The State Reorganization Commission shall provide 11 a copy of all publications to each member of the General Assembly, the Governor, and the Lieutenant Governor. The 12 Commission may also provide a copy of publications to state agency directors. The Commission may charge, for additional 13 copies, and other requests for publications, an amount to cover the cost of printing and expenses of postage and shipping 14 of publications. Revenue generated may be retained and expended by the Commission to reimburse it for the printing of 15 its publications and to pay the expenses of postage and shipping. Any remaining balance in the sale of publications account 16 may be carried forward and expended for the same purpose. 17 3.41. (LEG: Sales Tax on Copies of Legislation) No sales tax is required to be charged or paid on copies of or access 18 to legislation or other informational documents provided to the general public or any other person by a legislative agency 19 when a charge for these copies is made reflecting the agency's cost thereof. Funds received as revenue from the sale of 20 materials or as reimbursements for the cost of providing certain supplies or services or refunds must be remitted to the State 21 Treasurer as collected, but in no event later than twelve (12) working days from the date of the receipt of any such funds. 22 3.42. (LEG: House Postage/Telephone Allocation) Any member of the House who has not used all of his annual 23 allocation for postage or all of his annual allocation for telephone expenses may use the remaining funds in one category 24 in the other category during that year. 25 3.43. (LEG: Jt. O&M Committee/Jt. Legislative Committees) It shall be the responsibility of the Joint Operations and 26 Management Committee to allocate funds to the Joint Legislative Committees. 27 3.44. (LEG: House Personnel BPI/Merit/Bonus Compensation) Notwithstanding any limitation or other provisions 28 of law to the contrary, the Speaker shall authorize and allocate any base pay increase, merit pay or bonus among House staff 29 in the manner that the Speaker determines after consultation with the Operations and Management Committee and the 30 Chairmen of the standing committees of the House. 31 3.45. (LEG: General Assembly Exemption) Notwithstanding any other provision of law or regulation, or any limitation 32 or provision contained in this act, each branch of the General Assembly is exempt from any provision which requires the 33 approval of the Budget and Control Board or any other executive branch agency for the expenditure, management or transfer 34 of any authorized appropriations. 35 3.46. (LEG: State House Renovation Schedule) The State House Committee is authorized, beginning in July 1994 to 36 establish schedules for the completion of the State House Renovation project by January 1, 1997. General Services must 37 submit to the State House Committee, schedules that will accomplish these time frames. The General Assembly will relocate 38 to the Carolina Plaza for the 1996 and 1997 sessions. Work should begin at such time so as to ensure the readiness of the
A99 - SECTION 3 - LEGISLATIVE DEPARTMENT PAGE 430 1 Carolina Plaza for the 1996 and 1997 sessions of the General Assembly. Upon the approval of these schedules by that 2 Committee all current tenants of the State House will be relocated to other space within the Capital Complex area. 3 Reassignment of space by the State House Committee must be completed prior to the completion of the State House 4 Renovation project. 5 3.47. (LEG: House Ethics Committee) The House of Representatives Legislative Ethics Committee shall deposit 6 revenues from penalties assessed by the committee and copying of documents into the General Fund. 7 3.48. (LEG: Prohibit General Assembly Compensation - Felony Conviction) No member of the General Assembly 8 who has been convicted of a felony under state or federal law or who has pled guilty or nolo contendere to these offenses 9 may receive compensation or reimbursable expenses provided for members of the General Assembly in this act. However, 10 this item does not apply to a person who has been pardoned under state or federal law of the disqualifying felony. 11 3.49. (LEG: Reorganization Commission Carry Forward Transfer) Of the funds carried forward from FY 96-97, the 12 State Reorganization Commission shall transfer $43,750 to the Legislative Audit Council. 13 14 B04 - SECTION 4A - JUDICIAL DEPARTMENT 15 16 4A.1. (JUD: Prohibit County Salary Supplements) County salary supplements of Judicial Department personnel shall 17 be prohibited. 18 4A.2. (JUD: County Offices For Judges) Every county shall provide for each circuit and family judge residing therein 19 an office with all utilities including a private telephone, and shall provide the same for Supreme Court Justices and Judges 20 of the Court of Appeals upon their request. 21 4A.3. (JUD: Commitments to Treatment Facilities) The appropriation for continued implementation of Article 7, 22 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 1976 23 Code, relating to commitments, admissions and discharges to mental health facilities, or treatment facility for the purpose 24 of alcohol and drug abuse treatment, shall be expended for the compensation of court appointed private examiners, guardians 25 ad litem, and attorneys for proposed patients, and related costs arising from the filing, service and copying of legal papers 26 and the transcription of hearings or testimony. Court appointed private examiners, guardians ad litem and attorneys shall 27 be paid at such rates or schedules as are jointly determined to be reasonable by the South Carolina Association of Probate 28 Judges, the State Court Administrator and the South Carolina Department of Mental Health with the approval of the 29 Attorney General. 30 4A.4. (JUD: Judicial Commitment) Except as otherwise provided in Section 72.1., no money appropriated pursuant 31 to Item VI, Judicial Commitment shall be used to compensate any state employees appointed by the court as examiners, 32 guardians ad litem or attorneys nor shall such funds be used in payment to any State agency for providing such services by 33 their employees. 34 4A.5. (JUD: Judicial Expense Allowance) Each Supreme Court Justice, Court of Appeals Judge, Family Court Judge 35 and Circuit Court Judge shall receive two hundred fifty dollars per month as expense allowance. 36 4A.6. (JUD: Special Judge Compensation) In the payment of funds from "Contractual Services," and "Administrative 37 Fund," that no Special Judge shall be paid for more than a two week term within a fiscal year except that this restriction will 38 not apply in case of an ongoing trial.
B04 - SECTION 4A - JUDICIAL DEPARTMENT PAGE 431 1 4A.7. (JUD: Advance Sheet Revenues Deposit) The Judicial Department must deposit in the General Fund of the State 2 during the current fiscal year, all advance sheet revenues, including any carried forward balance from prior years. 3 4A.8. (JUD: BPI/Merit) Judicial employees shall receive base and average merit pay in the same percentages as such 4 pay are granted to classified state employees. 5 4A9. (JUD: Supreme Court Bar Admissions Carry Forward) Any funds collected or carried forward from Supreme 6 Court Bar Admissions in excess of the amount required to be remitted to the General Fund may be carried forward and 7 expended in the current fiscal year for the benefit of the Bar Admissions unit. 8 4A.10. (JUD: Travel Reimbursement) State employees of the Judicial Department traveling on official state business 9 must be reimbursed in accordance with Section 72.32(J) of this Act. 10 4A.11. (JUD: Judicial Pay Increase) DELETED 11 12 C05 - SECTION 5 - ADMINISTRATIVE LAW JUDGE DIVISION 13 14 5.1. (ALJ: Copying Costs Revenue Deposit) The Administrative Law Judge Division shall retain and expend, for the 15 same purpose for which it is generated, all revenue received during the current fiscal year as payment for printing and 16 distributing copies of court rules and other agency documents. 17 18 D21 - SECTION 6DD - GOVERNOR'S OFFICE 19 20 6DD.1. (GOV: OEPP - Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, in 21 Subsection 6C of this Section "Implementing Federal Programs" may be carried forward to the current fiscal year and used 22 for matching committed and/or unanticipated Grant Funds. 23 6DD.2. (GOV: OEPP - Mining Council Carry Forward) Any unexpended balance on June 30, of the prior fiscal year 24 of funds, not to exceed $2,000, appropriated under Section 6C I Special Items: Mining Council may be carried forward and 25 expended for this same purpose in the current fiscal year. 26 6DD.3. (GOV: OEPP - Developmental Disabilities Program) The South Carolina Developmental Disabilities Program 27 of the Office of the Governor, Office of Executive Policy and Programs is authorized to provide aid to sub-grantees for 28 projects and services to benefit persons with developmental disabilities. The intent of this provision is not to duplicate other 29 State Agency programs which are considered the legal and programmatic mandate of existing State agencies, but rather to 30 fill gaps that exist in the state service delivery system related to his target population as identified and addressed in the 31 Developmental Disabilities State Plan. 32 6DD.4. (GOV: OEPP - Development Disabilities Case Coordination System) $112,559, less any pro rata share 33 adjustment of any mandated base budget reduction, of the sums appropriated under OEPP, Allocations to Other State 34 Agencies must be for the South Carolina Development Disabilities Case Coordination System. 35 6DD.5. (GOV: OEPP - CCRS Evaluations & Placements) The amount appropriated in this Section under Special Items 36 Children's Case Resolution System for Private Placement of Handicapped School-Age Children must be used for expenses 37 incurred in the evaluation of children referred to the CCRS to facilitate appropriate placement and to pay up to forty percent 38 when placement is made in-state and up to thirty percent when placement must be made out-of-state of the excess cost of
D21 - SECTION 6DD - GOVERNOR'S OFFICE PAGE 432 1 private placement over and above one per pupil share of state and local funds generated by the Education Finance Act, and 2 the one per pupil share of applicable federal funds; provided it has been established that all other possible public placements 3 are exhausted or inappropriate. The balance of funding responsibility necessary to provide the child with services must be 4 determined by the Children's Case Resolution System (CCRS) and apportioned among the appropriate public agencies on 5 the basis of the reasons for the private placement. When the amount appropriated in this section is exhausted, the funding 6 responsibility must be apportioned according to the procedures of the CCRS. 7 6DD.6. (GOV: SLED - Special Account Carry Forward) Funds awarded to the State Law Enforcement Division by 8 either court order or from donations or contributions shall be deposited in a special account with the State Treasurer, and 9 shall be carried forward from year to year, and withdrawn from the Treasurer as needed to fulfill the purposes and conditions 10 of the said order, donations or contributions, if specified, and if not specified, as may be directed by the Chief of the State 11 Law Enforcement Division. Funds expended from the special account must be reviewed by the Joint Appropriations Review 12 Committee annually reported by October 1st to the Senate Finance Committee and the Ways and Means Committee. 13 6DD.7. (GOV: SLED - Computer/Communications Center Carry Forward) Revenue generated from the operation of 14 the Division's criminal justice computer/communications center and not expended during the prior fiscal year may be carried 15 forward and expended for the same purpose during the current fiscal year. 16 6DD.8. (GOV: SLED - Criminal Record Search Fee) The State Law Enforcement Division is hereby authorized to 17 charge, collect and carry forward a fee, not to exceed $25 each, for criminal record searches conducted pursuant to 18 Regulations contained in Chapter 73, Article 3, Subarticle 1 of the Code of State Regulations. Any such fees shall be 19 retained and used for agency operations. 20 6DD.9. (GOV: SLED - Revenue Carry Forward) Notwithstanding any other provision of law, all revenue generated 21 by SLED from the sale of vehicles, various equipment, gasoline and insurance claims during the prior fiscal year may be 22 retained carried forward and expended for the purpose of purchasing like items. 23 6DD.10. (GOV: OEPP - Program Budget) The Governor's Office shall submit to the Senate Finance Committee and 24 the Ways and Means Committee by January 1 of each year, a Program Budget for Section 6C enumerating the planned use 25 of Federal, State and Other Funds. 26 6DD.11. (GOV: SLED - Agents Operations Carry Forward) Any unexpended balance on June 30, of the prior fiscal 27 year, in subsection 6B of the Section "Agents Operations" may be carried forward and expended for the same purpose in 28 the current fiscal year. 29 6DD.12. (GOV: OEPP - CCRS Significant Fiscal Impact) In accordance with Section 20-7-5240 (e) of the 1976 Code, 30 "significant fiscal impact" in the current fiscal year shall be defined for each designated agency as the greater of (1) funds 31 appropriated by the General Assembly for the current fiscal year on cases referred to, decided or placed through the 32 Children's Case Resolution System or (2) that agency's assigned shares in the current fiscal year of five cases decided by 33 the Children's Case Resolution System. 34 6DD.13. (GOV: SLED - Match for Federal Grants Carry Forward) State appropriations to SLED that are required to 35 provide match for federal grant programs in the prior fiscal year may be carried forward into the current fiscal year and 36 expended for the same purpose as originally appropriated. 37 6DD.14. (GOV: SLED - Night Telephone Operators Accommodations) The State Law Enforcement Division is hereby 38 authorized to provide accommodations/utility service without any charge to night telephone operators.
D21 - SECTION 6DD - GOVERNOR'S OFFICE PAGE 433 1 6DD.15. (GOV: SLED Clothing Allowance) The State Law Enforcement Division is hereby authorized to provide 2 agents and criminalists with an annual clothing allowance (on a pro rata basis) not to exceed $400 per agent/criminalist for 3 required clothing used in the line of duty. 4 6DD.16. (GOV: SLED - Witness Fee) The State Law Enforcement Division is hereby authorized to charge a witness 5 fee of $100.00 per hour up to $400.00 per day for each criminalist testifying in civil matters which do not involve the State 6 as a part in interest. This fee shall be charged in addition to any court prescribed payment due as compensation or 7 reimbursement for judicial appearances and deposited into a designated revenue account. 8 6DD.17. (GOV: Governor's Office Budget) All other provisions of law notwithstanding, the Office of Executive Policy 9 and Programs section, the Executive Control of State section and Mansion and Grounds section shall be treated as a single 10 budget section for the purpose of transfers and budget reconciliation. 11 6DD.18. (GOV: SLED - RAID Team) Membership of the Retaliation Against Illegal Drugs (RAID) Team and all 12 expenses thereto shall be comprised only of law enforcement agents of the State Law Enforcement Division. 13 6DD.19. (GOV: Victim Advocate Policy Committee) The policy committee appointed pursuant to Section 79.3 of the 14 1988-89 General Appropriations Act is hereby continued for the purpose of monitoring the implementation of the guidelines 15 developed by it, making such revisions as appear appropriate, assisting and advising the director in development and revision 16 of forms, information and criteria used to evaluate compliance with the guidelines by victim advocate programs in solicitor's 17 offices. 18 The information gathered from these programs shall be aggregated by the director into the annual report of the agency 19 which is submitted to the Governor, Speaker of the House of Representatives and the President of the Senate. 20 6DD.20. (GOV: Victim Assistance Programs) It is the intent of the General Assembly that the amounts appropriated 21 in this section for victim assistance programs in solicitors' offices shall be in addition to any amounts presently being 22 provided by the county for these services and may not be used to supplant funding already allocated for such services. Any 23 reduction by any county in funding for victim assistance programs in solicitors' offices shall result in a corresponding 24 decrease of state funds provided to the solicitors' office in that county for victim assistance services. Each solicitor's office 25 shall submit an annual financial and programmatic report which describes the use of these funds. The report shall be 26 submitted to the Governor, the Attorney General, the Chairman of the Senate Finance Committee and the Chairman of the 27 House Ways and Means Committee on October 1, for the preceding fiscal year. 28 6DD.21. (GOV: Establish Victim/Witness Program) The funds appropriated in this section for Victim/Witness Program 29 must be equally divided among the judicial circuits, less any adjustments made for budget reductions. The funds for each 30 circuit must be distributed to the solicitor's office of that circuit and only used by the solicitor for the purpose of establishing 31 a Victim/Witness Program in the circuit which shall provide, but not be limited to, the following services: 32 (1) Make available to victims/witnesses information concerning their cases from filing in general sessions court through 33 disposition. 34 (2) Keep the victim/witness informed of his rights and support his right to protection from intimidation. 35 (3) Inform victims/witnesses of and make appropriate referrals to available services such as medical, social, counseling, 36 and victims' compensation services. 37 (4) Assist in the preparation of victims/witnesses for court. 38 (5) Provide assistance and support to the families or survivors of victims where appropriate.
D21 - SECTION 6DD - GOVERNOR'S OFFICE PAGE 434 1 (6) Provide any other necessary support services to victims/witnesses such as contact with employers or creditors. 2 (7) Promote public awareness of the program and services available for crime victims. 3 The funds may not be used for other victim-related services until the above functions are provided in an adequate manner. 4 6DD.22. (GOV: Victim/Witness Program Formula Distribution) If funds in the South Carolina Victims' Compensation 5 Fund exceed the amount required to operate the State Office of Victims Assistance and pay claims of crime victims the first 6 $650,000 of such excess must be used for Victim/Witness Programs by distribution to Judicial Circuits based on a formula 7 and criteria developed by the Policy Committee, and otherwise subject to requirements of Section 6DD.20 and 6DD.22. 8 6DD.23. (GOV: Physical Abuse Examinations) Of the funds appropriated in this section for Victims' Rights, up to 9 $60,000 may be expended for physical abuse examinations. 10 6DD.24. (GOV: SLED-ABC Enforcement-Confiscated Alcoholic Beverage Revenue) The State Law Enforcement 11 Division is directed to maintain adequate records accounting for the receipt of funds from the sale of confiscated alcoholic 12 beverages. Such revenue shall be deposited to the credit of the General Fund of the State after deducting the cost of 13 confiscation and sale. 14 6DD.25. (GOV: Veterans' Affairs-Aid to Counties) In the allocation of the appropriation in this section as adjusted for 15 "Aid to Counties--Operation of County Office," each county shall receive an effective annual amount equal to 100% of the 16 amount allocated to it for the prior fiscal year plus an amount equivalent to base pay increases for state employees, less any 17 adjustments made for budget reductions. 18 6DD.26. (GOV: Continuum of Care - Carry Forward) The Division of Continuum of Care may carry forward funds 19 appropriated herein to continue services. 20 6DD.27. (GOV: Division of Women - Donations & Contributions) The Division of Women is authorized to accept 21 donations and contributions to provide services as authorized by state law. Such funds are to be deposited in a special 22 account with the State Treasurer and shall be carried forward from year to year, and withdrawn from the Treasurer as needed 23 to fulfill the purposes and conditions of the said donations or contributions, if specified, and if not specified, as may be 24 approved by the Division of Women. State appropriations will not supplement those services funded by donations or 25 contributions. 26 6DD.28. (GOV: Division of Women - Revenue Carry Forward) The Division of Women may retain funds received from 27 luncheon fees and souvenir sales for general operating expenses. Any unexpended revenue from these sources may be 28 carried forward into the current fiscal year to be expended for the same purposes. 29 6DD.29. (GOV: Foster Care - Reduction in Funds Separation) In recognition of the fact that the funds appropriated for 30 the Division of Foster Care contain both funds appropriated for use by the Division Review System and "pass through" funds 31 designated for use by the South Carolina Protection and Advocacy for the Handicapped, any reduction in funds appropriated 32 for either shall be calculated based upon the separate funds for the respective entities rather than based upon the combined 33 budget of the two organizations. 34 6DD.30. (GOV: Foster Care - Private Foster Care Reviews) The Division of Foster Care is authorized to restructure its 35 programs, including but not limited to, suspending reviews of children privately placed in private foster care and/or changing 36 the location of reviews of children in public foster care, to maintain continuous operations within existing resources as 37 dictated by recent budget reductions. These decisions must be based upon the availability of existing funds. This provision 38 supersedes any previous statutory or regulatory mandate.
D21 - SECTION 6DD - GOVERNOR'S OFFICE PAGE 435 1 6DD.31. (GOV: Foster Care - Medicaid Eligible Children) It is the intent of the General Assembly to ensure that 2 placements of emotionally disturbed Medicaid eligible individuals under the age of twenty-one in residential therapeutic 3 treatment are appropriate and that the level of care provided each child is offered in the least restrictive environment 4 appropriate to meet the child's treatment needs. The statutory powers and functions of the Division of Foster Care are 5 expanded to develop, implement, and manage a quality assurance review system under contract with the Department of 6 Health and Human Services. This paragraph supersedes any previous statutory or regulatory mandate. 7 6DD.32. (GOV: Div. on Aging - State Match Funding Formula) Of the state funds appropriated under "Distribution to 8 Subdivisions", the first allocation by the Division on Aging shall be for the provision of required State matching funds 9 according to the Division's formula for distributing Older Americans Act funds, based on the official United States census 10 data for 1990. The balance of this item, but not to exceed five hundred thousand dollars ($500,000) shall be distributed 11 equally to the planning and service areas of the State. In the event State appropriations are reduced, reductions to the 12 planning and service areas shall be based on amounts distributed in accordance with the previous requirements. 13 6DD.33. (GOV: Div. on Aging - State Matching Funds Carry Forward) Any unexpended balance on June 30 of the prior 14 fiscal year, of the required State matching funds allocation, of the amount appropriated in this section under Distribution 15 to Subdivisions, shall be carried forward in the current fiscal year to be used as required state matching funds for Federal 16 funds awarded to subdivisions on or before September 30 of the current fiscal year. 17 6DD.34. (GOV: Div. on Aging - Recycle Program) The Division on Aging is hereby authorized to collect, expend, and 18 carry forward not more than $1,000 in revenues from the sale of items to be recycled. 19 6DD.35. (GOV: Div. on Aging - Registration Fees) The Division on Aging is authorized to receive and expend 20 registration fees for educational, training, and certification programs. 21 6DD.36. (GOV: OEPP - Federal, Other Flow Through Funds) In order to complete projects begun in a prior fiscal year, 22 the Governor's Office is authorized to expend Federal and Earmarked Funds in the current fiscal year for expenses incurred 23 in the prior fiscal year. 24 6DD.37. (GOV: Div. on Aging - Alzheimer's Matching Grants) Of the funds appropriated herein for Alzheimers, grants 25 awarded to assist communities and entities in addressing problems relative to Alzheimer's disease and other related disorders 26 must be matched with additional funds or in-kind contributions by the community or other entity equal to the amount of 27 funds awarded in the grant. 28 6DD.38. (GOV: OEPP - Law Enforcement Victim's Advocate-LEVA) DELETED 29 6DD.39. (GOV: OEPP - Governor's School for Arts & Humanities) DELETED 30 6DD.40. (GOV: SLED - Concealed Weapon Permit) The State Law Enforcement Division shall collect, retain and carry 31 forward all fees associated with the Concealed Weapon Permit program. 32 33 E08 - SECTION 8 - SECRETARY OF STATE'S OFFICE 34 35 8.1. (SS: Records Fee/Computer & Telephone Equipment) The Secretary of State may establish and collect fees not 36 to exceed the actual cost of searching for or making copies of records. Such records shall be furnished at the lowest possible 37 cost to the person requesting the records. The Agency may retain these funds for the purposes of purchasing and 38 maintaining computer and telephone facsimile equipment. The Agency may charge a reasonable hourly rate for making
E08 - SECTION 8 - SECRETARY OF STATE'S OFFICE PAGE 436 1 records available to the public and require a reasonable deposit of such costs prior to searching for or making copies of the 2 records. 3 8.2. (SS: Insufficient Check Recovery Fines/Retention and Carry Forward) The Secretary of State may establish, collect 4 and retain fines to recover the costs associated with the collection of dishonored checks returned to this Agency due to 5 insufficient funds. Such fines shall be retained and expended by this Agency in accordance with this purpose and any unused 6 amount shall carry forward to the following fiscal year. 7 8 E12 - SECTION 9 - COMPTROLLER GENERAL'S OFFICE 9 10 9.1. (CG: Signature Authorization) The Comptroller General is hereby authorized to designate certain employees to 11 sign, in his stead, warrants drawn against the State Treasurer and the State Treasurer is hereby authorized to accept such 12 signatures when notified by the Comptroller General. This provision shall in no way relieve the Comptroller General of 13 responsibility. 14 9.2. (CG: GAAP Implementation & Refinement) It is the intent of the General Assembly to oversee the conversion of 15 the financial statements issued for the State of South Carolina and these financial statements shall be in conformance with 16 Generally Accepted Accounting Principles (GAAP) by the earliest possible date. To this end, the Comptroller General is 17 directed, as the State Accounting Officer, to proceed with the implementation and refinement of the Statewide Accounting 18 and Reporting System (STARS) so as to develop a reporting system that will result in the preparation of the official financial 19 reports for the State of South Carolina by the State Accounting Officer in conformance with Generally Accepted Accounting 20 Principles (GAAP). The Comptroller General, as the State Accounting Officer, is given full power and authority to issue 21 accounting policy directives to State agencies in order to comply with Generally Accepted Accounting Principles. The 22 Comptroller General is also given full authority to conduct surveys, acquire consulting services, and implement new 23 procedures required to fully implement Generally Accepted Accounting Principles under the oversight of the General 24 Assembly. 25 9.3. (CG: Out-of-State Promotional Activities Expenses) The Comptroller General may approve warrants for the 26 payment of expenses for out-of-state promotional activities only when, in his opinion, such expenses are related to economic 27 development in South Carolina. 28 9.4. (CG: Payroll Deduction Processing Fee) There shall be a fee for processing payroll deductions, not to exceed 5 29 cents, for insurance plans, credit unions, deferred compensation plans and professional associations per deduction per pay 30 day. Proceeds shall be remitted to the General Fund of the State. This fee shall not be applied to charitable deductions. 31 9.5. (CG: Lump Sum Agencies GAAP Implementation) The Comptroller General's Office, in conjunction with lump 32 sum agencies, is hereby directed to implement appropriate accounting procedures to consolidate accounts where necessary 33 for proper accounting and thereby facilitate financial reporting in accordance with Generally Accepted Accounting 34 Principles. 35 9.6. (CG: EDI/EFT Pilot Project) The Comptroller General shall establish and coordinate a pilot project to provide the 36 capability for agencies to process vendor invoices and vendor payments through Electronic Data Interchange (EDI) or 37 Electronic Funds Transfer (EFT).
PAGE 437 1 E16 - SECTION 10 - TREASURER'S OFFICE, STATE 2 3 10.1. (TREAS: Nat'l. Forest Fund - Local Gov't. Compliance) In order to conform to federal requirements local 4 governments receiving distributions of National Forest Fund revenues are required to report annually to the State Treasurer 5 indicating compliance with authorized purposes. 6 10.2. (TREAS: STARS Approval) Decisions relating to the Statewide Accounting and Reporting System (STARS) 7 which involve the State Treasurer's Banking Operations and other functions of the State Treasurer's Office shall require the 8 approval of the State Treasurer. 9 10.3. (TREAS: Investments) The State Treasurer may pool funds from accounts for investment purposes and may 10 invest all monies in the same types of investments as set forth in Sections 11-9-660 and 11-9-661. 11 10.4. (TREAS: General Reserve Fund Transfer) The State Treasurer's Office is authorized to transfer $6,271,409 12 $3,373,537 of General Funds to the General Reserve Fund on July 1, 1996 1997, to comply with Article III, Section 36 of 13 the Constitution. This amount of General Funds must be replaced as the first priority of any FY 1995-96 1996-97 surplus. 14 10.5. (TREAS: Management Fees) The State Treasurer is authorized to charge a fee for the operating and management 15 costs associated with the Local Government Investment Pool, and the Deferred Compensation Program, and is further 16 authorized to retain and expend the fees to provide these services. The fees assessed may not exceed the cost of the 17 provision of such services. 18 10.6. (TREAS: Sale of Abandoned Property) In accordance with South Carolina Code Section 27-18-240, as to the 19 proceeds from the sale of abandoned property under Section 27-18-230, the State Treasurer's Office may deduct from any 20 deposit to the credit of the General Fund costs in general support of the location, identification and sale of abandoned 21 property, subject to the following limitations: (a) the total deduction may not exceed 5% of the amount credited to the 22 General Fund for this revenue source in the same fiscal year, and (b) the total deduction may not exceed actual costs for 23 the same fiscal year. 24 25 E20 - SECTION 11 - ATTORNEY GENERAL'S OFFICE 26 27 11.1. (AG: Collection of Debts, Claims or Obligations) The Attorney General is hereby authorized to contract for the 28 collection of debts, claims or obligations due to the State, or any of its departments or institutions. 29 11.2. (AG: Hiring of Attorneys) No department or agency of the State Government shall hire any classified or 30 temporary attorney as an employee except upon the written approval of the Attorney General and at a compensation 31 approved by him. All such attorneys shall at all times be under the supervision and control of the Attorney General except 32 as otherwise provided by law unless obtaining prior approval by the Budget and Control Board. 33 11.3. (AG: Engage Attorney on Fee Basis) No department or agency of the State Government shall engage on a fee 34 basis any attorney at law except upon the written approval of the Attorney General and upon such fee as shall be approved 35 by him. This shall not apply to the employment of attorneys in special cases in inferior courts where the fee to be paid does 36 not exceed two hundred fifty ($250.00) dollars or exceptions approved by the Budget and Control Board. 37 11.4. (AG: Printing of Opinions & Index) The Attorney General is authorized to print for public sale, copies of his 38 published opinions and index thereto at such charges as are established by the state printer, in accordance with the cost of
E20 - SECTION 11 - ATTORNEY GENERAL'S OFFICE PAGE 438 1 the documents plus a twenty-five percent surcharge. All proceeds from the sale of copies of opinions or indices shall be 2 remitted to the general funds of the State and a full accounting kept thereof. 3 11.5. (AG: Asbestos Abatement Litigation) The Attorney General shall report to the Senate Finance and Ways and 4 Means Committees on the status of that office's Asbestos Abatement Litigation. 5 11.6. (AG: State Grand Jurors Subsistence) Jurors of the state grand jury shall receive daily subsistence expense equal 6 to the maximum allowable by regulation of the Internal Revenue Code for the Columbia area when summoned or serving 7 and be paid the same per diem and mileage as are members of state boards, commissions, and committees. 8 11.7. (AG: Medicaid Fraud) The Attorney General shall provide the necessary personnel, in conjunction with the 9 Department of Health & Human Services, to process and/or refer suspected Medicaid fraud cases to appropriate law 10 enforcement officials for investigation and/or legal action, as deemed necessary. 11 11.8. (AG: Litigation Expense) Notwithstanding any other provision of law, the Office of the Attorney General may 12 obtain reimbursement for its costs in representing the State in criminal proceedings and in representing the State and its 13 officers and agencies in civil and administrative proceedings. These costs may include, but are not limited to, travel 14 expenditures, depositions, printing, transcripts, and personnel costs. Reimbursement of these costs may be obtained by the 15 Office of the Attorney General from the budget of an agency or officer that it is representing or from funds generally 16 appropriated for legal expenses with the approval of the Budget and Control Board. 17 11.9. (AG: Youth Mentor Program) The Attorney General's Office shall establish a Youth Mentor Program to serve 18 juvenile offenders in Family Court. The program shall be used as a pre-trial diversion option for solicitors. The Attorney 19 General is authorized to hire a director of the Youth Mentor Program who shall be paid with existing funds from the 20 classified positions line item in the Attorney General's Office budget. The Youth Mentor Program may be administered 21 when a juvenile is charged with a non-violent criminal offense and the solicitor feels that justice would be better served if 22 the juvenile offender completed a church mentor program. Upon completion of the program, the criminal charges shall be 23 dismissed. The Youth Mentor Program is a voluntary program and the juvenile or his parents or guardians have a right to 24 refuse to participate based upon their religious beliefs or for any other reason. The Attorney General's Office shall establish 25 guidelines for this program, the mentors and the churches, mosques, masjids and synagogues that participate in the Youth 26 Mentor Program. The circuit solicitors are authorized to charge juvenile offenders that participate in the Youth Mentor 27 Program a fee to offset the actual cost of administering the program. 28 29 E21 - SECTION 12 - PROSECUTION COORDINATION COMMISSION 30 31 12.1. (PCC: Solicitor Salary) The amount appropriated in this section for salaries of Solicitors shall be paid to each 32 full-time Solicitor. 33 12.2. (PCC: Solicitor Expense Allowance) Each solicitor shall receive two hundred fifty dollars ($250.00) per month 34 as expense allowance. 35 12.3. (PCC: Judicial Circuits State Support) The amount appropriated and authorized in this section for Judicial 36 Circuits (16) State Support shall be apportioned among the circuits on a per capita basis and based upon the official census 37 of 1990. Payment shall be made as soon after the beginning of the first and third quarter as practical. 38 12.4. (PCC: Solicitor Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, may be carried
E21 - SECTION 12 - PROSECUTION COORDINATION COMMISSION PAGE 439 1 forward into the current fiscal year and expended for the operation of the Solicitor's office relating to operational expenses. 2 12.5. (PCC: Solicitor's Office - County Funding Level) It is the intent of the General Assembly that the amounts 3 appropriated for solicitors' offices shall be in addition to any amounts presently being provided by the county for these 4 services and may not be used to supplant funding already allocated for such services without any additional charges. 5 12.6. (PCC: Serious Offenses Funding) It is the intent of the General Assembly that more than 50% of the funds for 6 Judicial Circuits-State Support which exceeds the amount appropriated by the General Assembly in FY 1995-96, must be 7 utilized for the expeditious disposition of "most serious offenses" and "serious offenses" as defined by S.C. Code Section 8 17-25-45. 9 10 E23 - SECTION 14 - INDIGENT DEFENSE, COMMISSION ON 11 12 14.1. (INDEF: Defense of Indigents Formula) The amount appropriated in this section for "Defense of Indigents" shall 13 be apportioned among counties in accord with Section 17-3-70, 1976 Code, but on a per capita basis and based upon the 14 official United States Census for 1990. The level of contribution of each county as of July 1, 1992, must be maintained. 15 No county shall be permitted to contribute less money than the amount the county contributed as of July 1, 1992. Within 16 the amount of money established for indigent defense services, the State shall set aside $2,750,000 (Death Penalty Trial 17 Fund) annually exclusively for use of the defense in capital cases pursuant to Section 16-3-26 of the 1976 Code, and for the 18 expenses of the operation of the Commission on Indigent Defense. The State also shall set aside $1,000,000 annually to 19 pay fees and expenses of private counsel appointed in non-capital cases pursuant to Section 17-3-50 (Conflict Fund). Of 20 the funds generated from the surcharge imposed pursuant to Section 14-1-213 of the 1976 Code, and from the fees imposed 21 under Sections 14-1-206(C)(4), 14-1-207(C)(6) and 14-1-208(C)(6) and the application fee provided in Section 17-3-30(B), 22 on a monthly basis, 50% must be deposited into the Death Penalty Trial Fund, 15% must be deposited into the Conflict Fund 23 until each of these funds has received the required level of deposit, and the remaining funds each month must be apportioned 24 among the counties' public defender offices pursuant to Section 17-3-70. When either the Death Penalty Trial Fund or the 25 Conflict Fund has been fully funded, the monthly revenue being set aside for that fund will be directed to the other fund until 26 it is completely funded. Upon complete funding of both the Death Penalty Trial Fund and the Conflict Fund, all revenue 27 collected pursuant to Section 14-1-213 and Sections 14-1-206(C)(4), 14-1-207(C)(6), 14-1-208(C)(6), and 17-3-30(B) must 28 be apportioned among the counties' public defender offices pursuant to Section 17-3-70. At the end of each fiscal year, any 29 funds remaining in the Conflict Fund shall be treated as provided in Section 17-3-330(B). At the end of each fiscal year 30 any leftover funds shall carryover to the next fiscal year. All applications for the payment of fees and expenses in capital 31 cases shall be applied for from the Death Penalty Trial Fund which shall be administered by the Commission on Indigent 32 Defense. All applications for the payment of fees and expenses of private counsel or expenses of public defenders pursuant 33 to Section 17-3-50 shall be applied for from the Conflict Fund administered by the Office of Indigent Defense. 34 14.2. (INDEF: State Employee Compensation Prohibited) Except as otherwise provided in Section 72.1., no money 35 appropriated pursuant to Defense of Indigents shall be used to compensate any state employees appointed by the court as 36 examiners, guardians ad litem or attorneys nor shall such funds be used in payment to any State agency for providing such 37 services by their employees.
PAGE 440 1 E24 - SECTION 15 - ADJUTANT GENERAL'S OFFICE 2 3 15.1. (ADJ: Tuition Assistance Program) Funds received from students who failed to enroll or withdraw from 4 programs under the Tuition Assistance Program may be deposited in the Tuition Assistance Program Appropriation Account 5 and expended for the same purpose as the original appropriation. 6 15.2. (ADJ: Unit Maintenance Funds) Notwithstanding any other provision of law, the funds appropriated as unit 7 maintenance funds shall be distributed to the various National Guard units at the direction of the Adjutant General. 8 15.3. (ADJ: Revenue Collections) All revenues collected by National Guard units from county and city appropriations, 9 vending machines, rental of armories, court martial fines, federal reimbursements to armories for telephone expenses, and 10 other collections be retained and expended in its budgeted operations. 11 15.4. (ADJ: Rental Fee for Election Purposes) The maximum fee that an armory may charge for the use of its premises 12 for election purposes shall be the cost of providing custodial services, utilities and maintenance. 13 15.5. (ADJ: Parking Lot Revenues) Notwithstanding other provisions of this Act, as a security measure for the State 14 Military Department's headquarters building and grounds, the Adjutant General may control and contractually lease the 15 headquarter's building parking facilities, during events at the University of South Carolina's Williams-Brice Stadium, to a 16 state chartered and federally recognized 501(c)(4) tax exempt agency employees' association who may then sub-lease 17 individual parking spaces. Such a contract must require the employees association to obtain liability insurance against 18 wrongful death or injury. The contract must clearly hold the Adjutant General's Office, its officers, and the State of South 19 Carolina harmless from any liability resulting from the use of the parking lot when rented by the employees association. 20 In addition, the contract must specify that the State of South Carolina's Military Department shall receive no less than thirty- 21 three percent of the gross profits from the sub-leasing of the parking spaces. The contract must allow the State to audit the 22 employees association's funds. Funds at the Adjutant General's Office derived wholly from the rental of Adjutant General's 23 headquarters' parking lot may be retained at the Adjutant General's Office, but may not be used for employee prerequisites. 24 15.6. (ADJ: State Guard Uniforms) Any element of the Militia of this State may be uniformed in such surplus uniforms 25 as may be made available to this State, except that the insignia of the United States shall be removed and for it shall be 26 substituted distinctive insignia of the State of South Carolina. 27 15.7. (ADJ: Armory Rental Program) The Adjutant General is authorized to develop and implement an armory rental 28 program to recoup costs associated with the use of armories by state agencies or other non-Guard organizations. The rental 29 program must be uniform in its application to the maximum extent possible. Funds generated by this program may be 30 retained and expended for armory maintenance and operations. 31 15.8. (ADJ: Emergency Preparedness) DELETED 32 15.9. (ADJ: Meals in Emergency Operations Centers) The cost of meals may be provided to state employees who are 33 required to work at the State Emergency Operations Centers during actual emergencies and emergency simulation exercises 34 when they are not permitted to leave their stations. 35 15.10. (ADJ: Educational Seminar Revenue) All revenue earned from educational seminars shall be retained by the 36 agency to be used for the printing of materials and other expenses related to conducting the seminars. The balance of funds 37 shall be reported annually to the General Assembly.
PAGE 441 1 E28 - SECTION 16 - ELECTION COMMISSION, STATE 2 3 16.1. (ELECT: County Registration Board and County Election Commission Compensation) The amounts 4 appropriated in this section for "County Registration Board Members and County Election Commissioners," shall be 5 disbursed annually to the County Treasurer at the rate of $1,000 for each member, not to exceed $10,000 per county. The 6 County Treasurer shall use these funds only for the compensation of County Registration Board Members and County 7 Election Commissioners. Any funds not used for this purpose shall be returned to the State Treasurer. These funds are 8 exempted from mandated budget reductions. In addition, in the calculation of any across the board agency base reductions 9 mandated by the Budget and Control Board or the General Assembly, the amount of funds appropriated for compensation 10 of County Registration Board Members and County Election Commissioners shall be excluded from the agency's base 11 budget. 12 16.2. (ELECT: Elections Managers & Clerks Per Diem) Managers and clerks of state and county elections shall receive 13 a per diem of $35.00; but managers shall not be paid for more than two days for any election and clerks for not more than 14 three days for any election. The Commission may adjust the per diem of $35.00 for the managers and clerks of the statewide 15 election to a higher level only to the extent that the appropriation for the statewide election is sufficient to bear the added 16 cost of increasing the per diem and the cost of the statewide election. 17 16.3. (ELECT: Board of State Canvassers Compensation) $100.00 additional compensation per day may be paid to 18 each member of the Board of State Canvassers up to a total of 15 days that may be required for hearings held by the 19 members of the Board of State Canvassers. 20 16.4. (ELECT: Sale of Lists Revenue Carry Forward) Any revenue generated from the sale of election lists may be 21 retained and expended by the South Carolina Election Commission to reimburse the State Budget and Control Board, 22 Division of Operations, for the printing of such lists and to pay expenses of postage and shipment of these lists to electors 23 who purchase them. After such reimbursement has been made an amount, not to exceed $220,000, shall be used for non- 24 recurring expenses in conjunction with Act 248 of 1991, the Ethics, Government Accountability, and Campaign Reform 25 Act and in conjunction with extraordinary special election and legal costs. Any balance in the Sale of Lists Account on June 26 30, of the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year. 27 16.5. (ELECT: Budget Reduction Exemption) Funds appropriated for non-recurring general and primary election 28 expenses are exempted from mandated across the board reductions. In addition, in the calculation of any across the board 29 agency base reductions mandated by the Budget and Control Board or the General Assembly, the amount of funds 30 appropriated for non-recurring primary and general election expenses shall be excluded from the agency's base budget. 31 16.6. (ELECT: Primary Election Carry Forward) Filing Fees received from candidates filing to run in statewide or 32 special primary elections may be retained and expended by the State Election Commission to pay for the conduct of primary 33 elections. Any balance in the filing fee accounts on June 30, of the prior fiscal year may be carried forward and expended 34 for the same purposes during the current fiscal year. In addition, any balance in the Primary Election Accounts on June 30, 35 of the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year. 36 16.7. (ELECT: Automated Voting Systems Carry Forward) Funds provided to the agency as state match for purchasing 37 automated voting systems shall be carried forward to be expended for the same purposes in the current fiscal year. 38 16.8. (ELECT: Training & Certification Program) All members and staff of County Boards of Voter Registration and
E28 - SECTION 16 - ELECTION COMMISSION, STATE PAGE 442 1 County Election Commissions will receive a common curriculum to include core courses on the duties and responsibilities 2 of county registration boards and county election commissions and electives to promote quality service and professional 3 development. Up to $35,000 of revenue generated by charging a fee to attend these courses may be retained and expended 4 by the South Carolina Election Commission to help cover the cost of providing the training. Any balance in the training 5 and certification account on June 30, of the prior fiscal year may be carried forward and expended for the same purpose 6 during the current fiscal year. 7 16.9. (ELECT: General Election Carry Forward) Up to $200,000 in funds appropriated for the 1996 General Election 8 may be carried forward and used to help defray the costs of conducting the November 1997 Special Elections for the State 9 Senate and the State House of Representatives. 10 11 F05 - SECTION 17A - B&C BOARD, EXECUTIVE DIRECTOR, DIVISION OF 12 13 17A.1. (BCB/DED: BA - Civil Contingent Fund - Disbursements) Warrant requisitions for the disbursement of funds 14 appropriated in this Section shall be approved by the respective division heads. The Civil Contingent Fund, appropriated 15 in Subsection 17A of this Section shall be expended only upon unanimous approval of the State Budget and Control Board, 16 and upon warrant requisitions signed as directed by the State Budget and Control Board, to meet emergency and contingent 17 expense of the State Government. None of the Civil Contingent Fund shall be used to increase the salary of any State 18 employee. 19 17A.2. (BCB/DED: BA - Total Quality Management) It is the intent of the General Assembly to adequately train the 20 State's work force to enable agencies to achieve their missions and to serve their customers. The Executive Director of the 21 Budget and Control Board will be responsible for coordinating the quality training effort for state government agency heads, 22 managers, and employees for the purpose of strategic planning, leadership skills, team facilitator, supervision and customer 23 service training. All employees initially undergoing Total Quality Management training will receive a common curriculum, 24 to include the philosophy, teamwork training and problem solving techniques of Total Quality Management. As the training 25 functions progress, organizational plans for using the Total Quality Management process will be drawn up and reviewed 26 with agency heads, with action teams subsequently being formed for improvements. Recognition of all progress made will 27 be consistently given. Funds shall be used to identify state agencies that are in direct contact with the public and provide 28 training that will ensure employees courteously and effectively meet taxpayers' needs. The funds provided for quality 29 training shall not be transferred to any other program or used for any other purpose. Funds allocated for this purpose not 30 expended in the prior fiscal year may be carried forward to be expended in the current fiscal year. The State Director of 31 Total Quality Management is responsible for the development of a Quality Program based on criteria used for the Malcolm 32 Baldridge National Quality Award. State agency heads should ensure that groups formed to develop solutions to 33 administrative and managerial problems will be selected to secure appropriate employee involvement and trained fully in 34 quality improvement tools and techniques. 35 17A.3. (BCB/DED: BA - Brandenburg Coordination Committee) Of the $50,000 appropriated in this section for the 36 Brandenburg Coordination Committee, funds are to be spent in support of cultural, educational, agricultural, scientific, 37 governmental or business exchanges and agreements between South Carolina and the sister state of Brandenburg, Germany 38 and related German interests. The Executive Director of the Budget and Control Board will submit an annual report to the
F05 - SECTION 17A - B&C BOARD, EXECUTIVE DIRECTOR, DIVISION OF PAGE 443 1 Governor, the Chairmen of the Senate Finance Committee and the House Ways & Means Committee detailing such 2 activities. 3 17A.4. (BCB/DED: BA - Accounting System Analysis - Interagency Study Committee) In consultation with the 4 Governor, the Chairman of the Senate Finance Committee and the Chairman of the Ways and Means Committee, the 5 Executive Director of the Budget and Control Board is authorized to appoint interagency study committees to explore 6 innovative solutions to administrative or managerial problems which are deemed to be system-wide in their impact. The 7 committees will be fully trained in quality management problem-solving techniques and strategies. Funds appropriated for 8 purposes of fostering innovation in the Fiscal Year 1993-94 Supplemental Appropriation for the Office of Executive 9 Director, Budget and Control Board, Accounting System Analysis which are unexpended in the preceding fiscal year may 10 be carried forward to be used in the current fiscal year for the same purpose. 11 17A.5. (BCB/DED: BA - Computer Services Consolidation) It is the intent of the General Assembly to consolidate 12 management of computing services and computer support services under the Budget and Control Board. The Executive 13 Director of the Budget and Control Board shall develop a long-term strategic plan to accomplish this consolidation and to 14 centralize all State Data Centers, and shall present a progress report to the Governor, the Chairman of the Senate Finance 15 Committee and the Chairman of the Ways and Means Committee by January 15, 1997, and completed recommendations 16 within one year. The Executive Director of the Budget and Control Board, in consultation with the Governor, Chairman 17 of the Senate Finance Committee and the Chairman of the Ways and Means Committee, is authorized to implement the Data 18 Center Consolidation Plan as presented to and approved by the Chairman of the Senate Finance Committee and the 19 Chairman of the House Ways and Means Committee on January 15, 1997. The plan must be is structured in phases with 20 a final implementation date no later than July, 2001. All agencies affected by this plan are required to comply with the 21 directives and mandates inherent in this planning document. The Legislature, Judiciary, higher education institutions and 22 technical education institutions are exempt from this proviso. An annual progress report on the implementation of the plan 23 shall be submitted to the Governor and the Chairmen of the Senate Finance and House Ways and Means Committees. 24 17A.6. (BCB/DED: BA - EFA Litigation Carry Forward) In addition to the funds appropriated for the EFA litigation 25 for FY 1996-97, any Any unexpended balance from the funds authorized and/or appropriated for the EFA litigation in 26 previous fiscal years shall be carried forward to be expended in the same manner and for the same purposes in 1996-97 the 27 current fiscal year. 28 17A.7. (BCB/DED: BA - Year 2000 Date Change) It is the intent of the General Assembly to address the issue of 29 century date compliance on a statewide basis to ensure the integrity of the state's information technology platforms and all 30 of their associated data and operations into and beyond the year 2000. The Executive Director of the Budget and Control 31 Board is directed to coordinate the assessment of century date compliance across state agencies, and to develop a plan of 32 action to ensure that all elements of state government are in full century date compliance. All agencies are hereby directed 33 to cooperate with all requests relating to the development of this assessment and plan. As part of the effort, the Board may 34 enter any contractual arrangements it may deem appropriate for the purposes of determining the scope of the "Year 2000 35 Date Change" problem at the state level. The Board will provide an initial report as to the status of this undertaking and 36 any proposed legislative action to the Senate Finance and Ways and Means Committees no later than January 15, 1998. 37 Nothing herein will be construed as precluding any government agency or unit from proceeding with its own approach to 38 Year 2000 date compliance.
PAGE 444 1 F07 - SECTION 17B - B&C BOARD, OPERATIONS, DIVISION OF 2 3 17B.1. (BCB/DO: OGS - Procurement of Art Objects) Before any governmental body, with the exception of the South 4 Carolina Museum Commission, as defined under the South Carolina Consolidated Procurement Code procures any art 5 objects such as paintings, antiques, sculptures, or similar objects above $1,000, the head of the Purchasing Agency shall 6 prepare a written determination specifying the need for such objects and benefits to the State. The South Carolina Arts 7 Commission shall review such determination for approval prior to any acquisition. 8 17B.2. (BCB/DO: OGS - Real Property - Sale/Leaseback/ Repurchase Revenue Account) In order to ensure the 9 stability of any sale/leaseback and repurchase option agreement entered into by the State for any piece of real property, the 10 Budget and Control Board is directed to establish a separate and distinct account for the deposit of the net proceeds of the 11 sale or net annual charges derived from any such property. Any funds held in such separate and distinct accounts shall only 12 be used for the purpose of repurchasing the property and/or the establishment of a reserve fund as outlined in the contract 13 documents for the property, until such time as the Agreements on the property are fulfilled. It is the intention of the General 14 Assembly to appropriate sufficient funds on an annual basis to enable the Budget and Control Board to meet the required 15 lease payments and other necessary expenditures associated with any sale/leaseback agreement involving real property. 16 17B.3. (BCB/DO: OGS - Fleet Management Program) It is the intent of the General Assembly that the Division of 17 Operations establish a cost allocation plan to recover the cost of operating the comprehensive statewide Fleet Management 18 Program. The Division shall collect, retain and carry forward funds to ensure continuous administration of the program. 19 17B.4. (BCB/DO: OGS - Surplus Property Exemption) The Division of Operations and law enforcement agencies may 20 retain the proceeds from the sale of surplus property for fleet replacement less the cost of disposition incurred by the 21 Division of Operations. 22 17B.5. (BCB/DO: OIS - IRF Forestry Commission Loan) The Insurance Reserve Fund is authorized to loan the 23 Forestry Commission the amount needed to satisfy the settlement of the overtime compensation claim currently pending, 24 including the related Employer Contribution costs; provided the agency first dedicates all its available financial resources 25 (at the time of settlement) to payment of the settlement. 26 The loan repayment schedule is to be negotiated between the Forestry Commission and the State Budget and Control 27 Board, and the interest rate must be the same rate established by the State Treasurer. The funds for repayment are authorized 28 to come from any existing agency resources, and must not require any additional State appropriation. 29 17B.6. (BCB/DO: OLG - Carry Forward - BCB Grant Program, Special Projects & EPA Grant Match Funds) Funds 30 appropriated under Section 17B, Division of Operations, "Aid to Entities": Budget and Control Board Grant Program Funds, 31 Special Projects and EPA Grant Match Funds which are not expended in the prior fiscal year may be carried forward to be 32 expended in the current fiscal year. Of the Grant Funds appropriated under the Division of Operations, $400,000 may be 33 used for operating costs of the Division in order to enhance the technical assistance capabilities of the Office of Local 34 Government. 35 17B.7. (BCB/DO: OLG - Carry Forward - State Water Pollution Control Revolving Fund) If any funds accumulated 36 by the Budget and Control Board, Division of Operations from loan fees are not expended during the preceding fiscal years, 37 such funds may be carried forward and expended for the costs associated with conducting the State Revolving Fund 38 programs for wastewater or drinking water.
F07 - SECTION 17B - B&C BOARD, OPERATIONS, DIVISION OF PAGE 445 1 17B.8. (BCB/DO: OLG - State Water Pollution Control Revolving Fund) In the event that any state funds remain after 2 fully matching federal grants for the State Revolving Funds under the Clean Water Act or Safe Drinking Water Act, such 3 funds may be deposited into the South Carolina Infrastructure Revolving Loan Fund established pursuant to Section 11-40- 4 50. 5 17B.9. (BCB/DO: OLG - Community Development Block Grant) The funds appropriated on special line item 6 "CDBG" are to provide funds for meeting federal matching requirements for administrative costs incurred by the State in 7 administering program income funds received from federally funded economic development grants. 8 17B.10. (BCB/DO: OLG - Carry Forward - BCB Infrastructure Grant Fund) Funds appropriated in the Fiscal Year 9 1993-94 Supplemental Appropriation for the Office of Local Government, Division of Operations, Infrastructure Grant 10 Revolving Fund which are unexpended in the preceding fiscal year may be carried forward to be used in the current fiscal 11 year for the same purpose of funding infrastructure projects in economically distressed areas as provided for in Section 41- 12 43-180 of the 1976 Code. 13 17B.11. (BCB/DO: OLG - Debt Service) Of the Grant Funds appropriated under the Division of Operations, up to 14 $420,000 may be expended for debt service if funds are not made available for such purpose in this act or any act 15 supplemental thereto. 16 17B.12. (BCB/DO: $100,000 Judicial Dept. Transfer to DDSN) DELETED 17 18 F09 - SECTION 17C - B&C BOARD, BUDGET & ANALYSES, DIVISION OF 19 20 17C.1. (BCB/DBA: OSB - Agencies Affected by Restructuring) The Budget and Control Board is directed to work 21 with affected State agencies in order to phase-in operations of restructured organizations during Fiscal Year 1996-97 1997- 22 98. Restructured organizations should be operating entirely under the revised structure not later than June 30, 1997 1998. 23 The Board is further directed to work with the affected agencies in order to identify and facilitate the transfer of any portion 24 of their operations, including transfer of funds, during Fiscal Year 1996-97 1997-98, which is affected by the restructured 25 organization adopted by the General Assembly, but which has not already been accomplished herein. Until sufficient 26 changes can be made to the State's accounting system and the appointment of appropriate agency heads, the Comptroller 27 General and the State Treasurer shall allow those agencies affected by restructuring to continue processing documents within 28 the account structure existing on June 30, 1996 1997. Restructured agencies shall make all the necessary accounting 29 adjustments to complete the transition to the new account structure as soon as possible, but no later than June 30, 1997 1998. 30 17C.2. (BCB/DBA: OHR - Compensation - Agency Head Salary) Notwithstanding any other provision of law in the 31 event of an agency head vacancy, the governing board of the agency or the Governor, must have the prior favorable 32 recommendation of the Agency Head Salary Commission to set, discuss or offer a salary for the agency head at a rate that 33 exceeds the minimum of the range established by the Agency Head Salary Commission. The Budget and Control Board 34 shall have final approval authority for agency head salaries. Boards and Commissions of newly created agencies shall not 35 offer a salary to a prospective agency head until a salary range has been established and the salary approved by the Agency 36 Head Salary Commission. The funding for such purpose should come from resources within the agency. The Agency Head 37 Salary Commission shall recommend to the Budget & Control Board salary increases for agency heads. No agency head 38 shall be paid less than the minimum of the pay range nor receive an increase that would have the effect of raising the salary
F09 - SECTION 17C - B&C BOARD, BUDGET & ANALYSES, DIVISION OF PAGE 446 1 above the maximum of the pay range. Funding shall be provided for an amount equivalent to the pay increase for all 2 classified employees. Any remaining increases recommended by the Agency Head Salary Commission shall be funded from 3 the individual agency budget. All increases shall be effective on or after October 1, of the current fiscal year. 4 In the event of a Technical College President vacancy, the appointing authority must have prior favorable 5 recommendation of the Agency Head Salary Commission to set, discuss or offer a salary for Technical College Presidents 6 at a rate that exceeds the midpoint of the salary range. The Budget and Control Board shall have final approval authority 7 for these salaries. 8 17C.3. (BCB/DBA: OHR - Compensation - Reporting of Supplemental Salaries) Any compensation, excluding travel 9 reimbursement, from an affiliated public charity, foundation, clinical faculty practice plan, or other public source or any 10 supplement from a private source to the salary appropriated for a state employee and fixed by the State must be reported 11 by the employee to the Division of Budget and Analyses of the Budget and Control Board. The report must include the 12 amount, source, and any condition of the supplement. Any change in the amount, source, or condition must be reported to 13 the division by the employee. 14 17C.4. (BCB/DBA: OHR - Vacancy Report/Appropriations for Compensation/Quarterly Allocations) In providing 15 in this Act for compensation of state employees, the General Assembly recognizes that a continuing minimum number of 16 position vacancies among state agencies is inevitable and that the full amount appropriated for employee compensation will 17 not likely be required. In order to provide for efficient administration and use of such appropriations, the Budget and 18 Control Board is authorized to require such periodic reports from agencies as will reflect actual compensation requirements 19 during the course of the year and to allot to agencies on a quarterly basis such amounts of appropriations for compensation 20 as may be necessary to meet actual requirements only. 21 17C.5. (BCB/DBA: OHR - Employment Rights Affected by Restructuring) Provided, that all State employees affected 22 by the restructuring of State agencies shall retain all present employment rights. Employees who are transferred or 23 reassigned as a result of restructuring who had attained permanent status as provided in the State Employee Grievance 24 Procedure Act of 1982, as amended, shall retain such rights. Employees in positions not covered by the State Employee 25 Grievance Procedure Act of 1982, as amended, who would occupy positions subject to the Act after restructuring and who 26 have more than six months service as a State employee shall have grievance rights under the Act. 27 17C.6. (BCB/DBA: OHR - Agency Head Salaries Affected by Restructuring) The salaries of Agency Directors 28 affected by restructuring will be reviewed by the Division of Budget and Analyses of the Budget and Control Board. The 29 review by the Division of Budget and Analyses will be submitted to the Agency Head Salary Commission and the Budget 30 and Control Board. The Agency Head Salary Commission shall recommend to the Budget and Control Board any salary 31 adjustments deemed appropriate for approval. 32 17C.7. (BCB/DBA: OHR - Compensation - Increase Eligibility) Statewide elected officials, constitutional officers, 33 temporary positions, whether full or part-time, and agency heads, shall not be eligible for any compensation increases as 34 provided in this Act unless otherwise specified in this Act. 35 17C.8. (BCB/DBA: BEA - Membership, Compensation, Duties) Notwithstanding the provisions of 11-9-820 of the 36 1976 Code, the Board of Economic Advisors shall consist of the following members: 37 (1) one member, appointed by the Governor, who shall serve as chairman and shall receive the sum of $10,000 38 annually;
F09 - SECTION 17C - B&C BOARD, BUDGET & ANALYSES, DIVISION OF PAGE 447 1 (2) one member appointed by the Chairman of the Senate Finance Committee who shall receive the sum of $8,000 2 annually; 3 (3) One member appointed by the Chairman of the Ways and Means Committee of the House of Representatives who 4 shall receive the sum of $8,000 annually; 5 (4) Chairman Director of the Department of Revenue and Taxation, ex officio with no voting rights. 6 The appointed members shall serve at the pleasure of their appointors. The Chairman of the Board of Economic Advisors 7 shall report directly to the Budget and Control Board to establish policy governing economic trend analysis. The Board of 8 Economic Advisors shall provide for its staffing and administrative support from funds appropriated by the General 9 Assembly. 10 The Executive Director of the Budget and Control Board shall assist the Governor, Chairman of the Board of Economic 11 Advisors, Chairman of the Senate Finance Committee, and Chairman of the Ways and Means Committee of the House of 12 Representatives in providing an effective system for compiling and maintaining current and reliable economic data. The 13 Board of Economic Advisors is considered a public body under the provisions of Section 30-4-20(a) of the 1976 Code. The 14 Board of Economic Advisors may establish an advisory board to assist in carrying out its duties and responsibilities. All 15 state agencies, departments, institutions and divisions shall provide such information and data as the board may require. 16 17C.9. (BCB/DBA: BEA - Mid-Year Budget Reductions & Restricting the Rate of Expenditures) Any appropriations 17 made herein or by special act now or hereafter, are hereby declared to be maximum, conditional and proportionate, the 18 purpose being to authorize expenditures not to exceed the amounts named herein, if necessary, but only in the event the 19 aggregate revenues available during the period for which the appropriations are made are sufficient to pay them in full. The 20 State Budget and Control Board is directed to survey the progress of the collection of revenue and the expenditure of funds 21 by all agencies, departments and institutions. If the Budget and Control Board determines that a year-end aggregate deficit 22 may occur by virtue of a projected shortfall fall in anticipated revenues, it shall utilize such funds as may be available and 23 required to be used to avoid a year end deficit and thereafter take such action as necessary to restrict the rate of expenditure 24 of all agencies consistent with the provisions of this section. No institution, activity, program, item, special appropriation, 25 or allocation for which the General Assembly has provided funding in any part of this Act shall be discontinued, deleted, 26 or deferred by the Budget and Control Board. Any reduction of rate of expenditure by the Board, under authority of this 27 Act, shall be applied as uniformly as may be practicable except that no reduction shall be applied to funds encumbered by 28 a written contract with an agency not connected with the State Government. No such reduction shall be ordered by the State 29 Budget and Control Board while the General Assembly is in session without first reporting such necessity to the General 30 Assembly and the General Assembly has taken no action to prevent the reduction within five statewide session days of 31 formal written notification. 32 As far as practicable all departments, institutions, and agencies of the State are hereby directed to budget and allocate 33 appropriations as quarterly allocation so as to provide for operation on uniform standards throughout the fiscal year and in 34 order to avoid an operating deficit for the fiscal year. It should be recognized that academic year calendars of state 35 institutions will affect the uniformity of the receipt and distribution of funds during the years. The Comptroller General or 36 the Office of State Budget shall make such reports to the Budget and Control Board as they deem advisable on any agency 37 which is expending authorized appropriations at a rate which predicts or projects a general fund deficit for the agency. The 38 Budget and Control Board is authorized and directed to require any such agency, institutions or department to file a quarterly
F09 - SECTION 17C - B&C BOARD, BUDGET & ANALYSES, DIVISION OF PAGE 448 1 allocations plan and is further authorized to restrict the rate of expenditures of the agency, institution or department if the 2 Board determines that a deficit may occur. It is the responsibility of any such agency to develop a plan, in consultation with 3 the Budget and Control Board, that eliminates or reduces a deficit. Should the Budget and Control Board make a finding 4 that the cause of and likelihood of a deficit is unavoidable due to factors which are wholly outside of an agency's control, 5 then the Board may determine that the recognition of an agency deficit is appropriate and shall notify the General Assembly 6 of such action or the presiding officer of the House and Senate if the General Assembly is not in session. Upon receipt of 7 such notification from the Budget and Control Board, the General Assembly may authorize supplemental appropriations 8 from any surplus revenues which existed at the close of the previous fiscal year. If the General Assembly fails to take action, 9 then the finding of the Budget and Control Board shall stand, and the actual deficit at close of the fiscal year shall be reduced 10 as necessary from surplus revenues or surplus funds available at the close of the fiscal year in which the deficit occurs and 11 from funds available in the Capital Reserve Fund and General Reserve Fund, as required by the Constitution. If the Budget 12 and Control Board finds that the likelihood and cause of a deficit is the result of agency management, then the bond of State 13 officials responsible for management of the agency involved shall be held liable therefor and the Board shall notify the 14 Agency Head Salary Commission of such finding. In the case of a finding that a projected deficit is the result of the 15 management of the agency, the Budget and Control Board shall take immediate steps to curtail agency expenditures in such 16 a manner so as to bring expenditures in line with authorized appropriations and avoid a year end operating deficit. 17 17C.10. (BCB/DBA: OHR - Compensation Increase - Appropriated Funds Ratio) Appropriated funds may be used for 18 compensation increases for classified and unclassified employees and agency heads only in the same ratio that the 19 employee's base salary is paid from appropriated sources. 20 17C.11. (BCB/DBA: OHR - Vacant Positions) In the event that any permanent position in an agency remains vacant 21 for more than one year the position may be deleted by the Budget and Control Board. 22 17C.12. (BCB/DBA: OSB - DMV Restructuring) The Budget and Control Board, in conjunction with the Department 23 of Revenue and the Department of Public Safety, shall transfer all funds and positions associated with the Division of Motor 24 Vehicles located at the Department of Revenue to the Department of Public Safety. The Department of Revenue shall 25 transfer only those funds and positions appropriated to the Department for the Motor Vehicles function. 26 17C.13. (BCB/DBA: OHR - Employee Pay) The amounts appropriated to the Budget and Control Board for Employee 27 Pay Increase must be allocated by the Board to the various state agencies to provide for employees pay increases in 28 accordance with the following plan: 29 1. With respect to classified employees, effective on the first pay date that occurs on or after October 1 July 1 of the 30 current fiscal year, the compensation of all classified employees shall be increased by 3.4% 2.5%. 31 2. With respect to unclassified employees or unclassified executive compensation system employees not elsewhere 32 covered in this Act, effective on the first pay date which occurs on or after October 1 July 1 of the current fiscal year, each 33 agency is authorized to allot the total funds for compensation increases among individual employees without uniformity. 34 The funds provided for compensation increases for any employees subject to the provisions of this paragraph are based on 35 an annual average 3.4% 2.5% increase. All of the salaries are subject to the provisions of Section 72.24 of Part IB of this 36 Act and Office of Human Resources' approval must be obtained before any employees subject to the provisions of this 37 paragraph may be granted an annual pay increase in excess of the guidelines established by the Budget & Control Board. 38 Any employee subject to the provisions of this paragraph shall not be eligible for compensation increases provided in
F09 - SECTION 17C - B&C BOARD, BUDGET & ANALYSES, DIVISION OF PAGE 449 1 paragraphs 1, 3, 4, 5, 6 or 7. 2 3. With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary 3 Commission shall recommend to the Budget and Control Board salary increases for agency heads. Agency head increases 4 shall be effective on the first pay date that occurs on or after October 1 July 1 of the current fiscal year. No agency head 5 shall be paid less than the minimum of the pay increase range nor receive a salary increase that would have the effect of 6 raising the salary above the maximum of the pay range. 7 4. Effective on the first pay date that occurs on or after October 1 July 1 of the current fiscal year, agency heads not 8 covered by the Agency Head Salary Commission, shall receive an annualized base pay increase of 3.4% 2.5%. 9 5. With respect to local health care providers, the funds provided for compensation increases shall be based on an 10 annual average 3.4% 2.5% increase, effective on the first pay period date on or after October 1 July 1 of the current fiscal 11 year. 12 6. Effective on the first pay date that occurs on or after October 1 July 1 of the current fiscal year, the Chief Justice 13 and other judicial officers shall receive a base pay increase of 3.4% 2.5%. 14 7. Effective on the first pay date that occurs on or after October 1 July 1 of the current fiscal year, the compensation 15 of judicial employees not elsewhere covered in this act shall be increased by 3.4% 2.5%. 16 17C.14. (BCB/DBA: OSB - Prior Year Shown in Appropriation Bill) Effective on July 1 of the current fiscal year, the 17 Appropriation Bill must show the prior year's base budget in the appropriation budget format. 18 17C.15. (BCB/DBA: OHR - Pre-Approved Pay Plan) Whenever funds are appropriated for the specific purpose of 19 providing salary increases to state employees, such funds may only be awarded to employees in the manner prescribed 20 within the applicable Appropriation Act or, if no plan for awarding the increases is specified, in accordance with a plan 21 pre-approved by the Division of Budget and Analyses of the Budget and Control Board. The approved pay plan shall be 22 reported to the Senate Finance and Ways and Means Committees. 23 24 F27 - SECTION 17D - B&C BOARD - AUDITOR'S OFFICE, STATE 25 26 17D.1. (BCB/AUD: Access of Records) Notwithstanding any other provision of law, for the purposes of carrying out 27 his duties, the State Auditor and his assistants or designees shall have access to all records and facilities of every state agency 28 during normal operating hours. Furthermore, the State Auditor and his assistants or designees shall have access to all 29 relevant records and facilities of any private organization which is appropriated state monies, relating to the management 30 and expenditures of such funds, during the organization's normal operating hours. In the performance of his official duties, 31 the State Auditor and his assistants or designees are subject to the statutory provisions and penalties regarding the 32 confidentiality of records of the respective agency, or organization, under review. All audit working papers and memoranda 33 of the State Auditor, with the exception of final audit reports, are confidential and not subject to public disclosure. 34 17D.2. (BCB/AUD: Audit Timeframes) Notwithstanding any other provision of law, the State Auditor may examine 35 less often than annually agencies, departments, commissions and divisions provided that every such agency, department, 36 commission or division shall be examined no less often than every third year. 37 17D.3. (BCB/AUD: Contracts for State Audits) In the event qualified personnel cannot be hired during the current 38 fiscal year, any unused personal service funds in Subsection 17D, may be used to contract private firms to perform audits
F27 - SECTION 17D - B&C BOARD, AUDITOR'S OFFICE, STATE PAGE 450 1 as prescribed by the State Auditor. 2 17D.4. (BCB/AUD: Fraud Hot Line) The State Auditor is directed to maintain a Fraud Hot Line, and provide statewide 3 toll free telephone service for use by citizens of this State to report incidences of waste, fraud, misuse, and abuse of state 4 funds. The State Auditor is further directed to advertise the Fraud Hot Line in an appropriate manner. 5 17D.5. (BCB/AUD: Medical Assistance Audit) The Department of Health and Human Services shall remit to the 6 General Fund an amount representing fifty percent (allowable Federal Financial Participation) of the cost of the Medical 7 Assistance Audit as established in the State Auditor's Office of the Budget and Control Board Section 17D such amount to 8 also include appropriated salary adjustments and employer contributions allowable to this program. Such remittance to the 9 General Fund shall be made monthly and based on invoices as provided by the State Auditor's Office of the Budget and 10 Control Board. 11 12 F29 - SECTION 17E - B&C BOARD - RETIREMENT DIVISION 13 14 17E.1. (BCB/RET: Authorization to Pay For Data Processing Services) The Retirement System is authorized to pay 15 the Budget & Control Board - Division of Executive Director from funds appropriated to contractual services a charge for 16 data processing services. The cost will be determined on an hourly basis and shall not exceed the sum of $600,000. 17 17E.2. (BCB/RET: Retirement Benefits Limits Increase) Notwithstanding any other provision of law, except as 18 provided below, retirees and beneficiaries under the State Retirement Systems receiving Medicaid (Title XIX) sponsored 19 nursing home care as of June 30, of the prior fiscal year shall receive no increase in retirement benefits during the current 20 fiscal year. However, a retired employee affected by the above prohibition may receive the scheduled increase if he is 21 discharged from the nursing home and does not require admission to a hospital or nursing home within six months. The 22 Department of Health & Human Services, the Department of Social Services, and the State Retirement Systems must share 23 the information needed to implement this proviso. 24 17E.3. (BCB/RET: Retirement Contributions - Monthly Transfers) Notwithstanding the amounts appropriated in 25 Subsection 17F of this Section as "State Employer Contributions," the State Treasurer and Comptroller General are hereby 26 authorized and directed to transfer from the General Fund of the State to the proper Retirement System Accounts, month 27 by month, during the current fiscal year, such funds as are necessary to comply with the terms of the Retirement Act as 28 amended, with respect to contributions by the State of South Carolina to the Retirement System. 29 17E.4. (BCB/RET: Temporary Scientific Consultative Employment) Any teacher or employee especially skilled in 30 scientific knowledge and attainment may be temporarily employed by any part of the government or any agency thereof in 31 a consultative capacity on a per diem compensation without such temporary consultative employment in any way affecting, 32 reducing or canceling his retirement benefits but such temporary consultative employment shall not exceed six months in 33 any one year. 34 17E.5. (BCB/RET: Deferred Compensation Additional Optional Mutual Fund Selection) The Deferred Compensation 35 Commission is directed to study and implement, where feasible, additional optional mutual fund selections ranging from 36 low risk to very aggressive funds for the deferred compensation plan.
PAGE 451 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 the 4 State Government whose operations are covered by funds from other than General Fund Appropriations shall pay from such 5 other sources a proportionate share of the employer costs of retirement, social security, workmen's compensation insurance, 6 unemployment compensation insurance, health and other insurance for active and retired employees, and any other employer 7 contribution provided by the State for the agency's employees. 8 17F.2. (BCB/EB: Unemployment Compensation Account) Unemployment Compensation premiums collected from 9 state agencies will be deposited into a separate account and used to pay Unemployment Compensation benefits to eligible 10 employees of the State. Premiums will be based on experience ratings provided by private consultants and the Budget and 11 Control Board. The Unemployment Compensation Funds' contribution level must be reviewed no less than biennially to 12 ensure that premiums are commensurate with the cost of operating the Unemployment Compensation Fund. All interest 13 earned on this account must be retained by the Unemployment Compensation Fund and used to offset costs. 14 17F.3. (BCB/EB: Unemployment Compensation Administration) The Budget and Control Board may hire consultants 15 or a management firm to assist in the administration of the unemployment compensation program for state employees and 16 for that purpose may use funds appropriated or otherwise made available for unemployment payments. The Budget and 17 Control Board is authorized to make such transfers as are necessary to accomplish this purpose. The Budget and Control 18 Board shall report annually to the General Assembly in writing the complete name, address and amounts paid to any such 19 consultants or management firm. 20 17F.4. (BCB/EB: Unemployment Compensation Insurance Claims) Notwithstanding the amounts appropriated in 21 Subsection 17F of this Section as "Unemployment Compensation Insurance" to cover unemployment benefit claims paid 22 to employees of the State Government who are entitled under Federal Law, the State Treasurer and the Comptroller General 23 are hereby authorized and directed to pay from the General Fund of the State to the South Carolina Employment Security 24 Commission such funds as are necessary to cover actual benefit claims paid during the current fiscal year which exceed the 25 amounts paid in for this purpose by the various agencies, departments and institutions subject to unemployment 26 compensation claims. The Employment Security Commission shall certify quarterly to the Budget and Control Board the 27 State's liability for such benefit claims actually paid to claimants who were employees of the State of South Carolina and 28 entitled under Federal law. The amount so certified shall be remitted to the Employment Security Commission. 29 17F.5. (BCB/EB: Workers' Compensation Insurance Claims) Notwithstanding the amounts appropriated in Subsection 30 17F of this Section as "Workers' Compensation Insurance" to cover Workers' Compensation benefit claims paid to 31 employees of the State Government who are entitled under State Law, the State Treasurer and the Comptroller General are 32 hereby authorized and directed to pay from the General Fund of the State to the State Accident Fund such funds as are 33 necessary to cover actual benefit claims paid and expenses relating to the operations of the agency during the current fiscal 34 year which exceed the amounts paid in for this purpose by the various agencies, departments, and institutions. The State 35 Accident Fund shall certify quarterly to the Budget and Control Board the State's liability for such benefit claims actually 36 paid to claimants who are employees of the State of South Carolina and entitled under State Law. The amount so certified 37 shall be remitted to the State Accident Fund.
PAGE 452 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 Budget 4 and Control Board at any time during the current fiscal year projects that revenues for the current fiscal year will be less than 5 appropriated expenditures for this year, the Budget and Control Board in mandating necessary cuts during the current fiscal 6 year to eliminate the projected deficit must first reduce to the extent necessary the appropriation herein contained to the 7 Capital Reserve Fund, prior to mandating any cuts in operating appropriations. 8 9 H03 - SECTION 18A - HIGHER EDUCATION, COMMISSION ON 10 11 18A.1. (CHE: Contract for Services Program Fees) The amounts appropriated in this Section for "Southern Regional 12 Education Board Contract Programs" and "Southern Regional Education Board Dues" are to be used by the Commission 13 to pay to the Southern Regional Education Board the required contract fees for South Carolina students enrolled under the 14 Contract for Services program of the Southern Regional Education Board, in specific degree programs in specified 15 institutions and the Southern Regional Education Board membership dues. The funds appropriated may not be reduced to 16 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 be 20 used to make grants to South Carolina residents enrolled in an accredited institution outside the State in a program (a) not 21 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 to 23 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 must 25 be expended for an SREB Contract Program, administered by the Commission, which will offset the difference between 26 the out-of-state cost and in-state cost for artistically talented high school students at the North Carolina School of the Arts. 27 18A.5. (CHE: Real Property Disposal) Before any local area higher education commission may dispose of any real 28 property, the approval of the Budget and Control Board must be obtained. 29 18A.6. (CHE: Councils Committees, Etc., Representation) Each four-year campus of each state-supported senior 30 college and university shall have the same representation on all formal and informal councils, advisory groups, committees, 31 and task forces of the commission, not including the formula advisory committee, as the independent four-year colleges. 32 Representation on the Formula Advisory Committee shall include from the S.C. Legislature the following voting members: 33 two members of the Senate Finance Committee and two members of the House Ways and Means Committee to be appointed 34 by the respective chairman. 35 18A.7. (CHE: Access & Equity Programs) Of the funds appropriated herein for Desegregation Programs, the 36 Commission on Higher Education shall distribute at least $105,319 to South Carolina State University, $26,309 to Denmark 37 Technical College, and $263,415 to the Access and Equity Program. With the funds appropriated herein for formula funding 38 increases, the colleges and universities shall supplement their access and equity programs so as to provide, at a minimum,
H03 - SECTION 18A - HIGHER EDUCATION, COMMISSION ON PAGE 453 1 the same level of minority recruitment activities as provided during the prior fiscal year. 2 18A.8. (CHE: Deadline for Formula Changes) The allocations made for the immediate fiscal year following March 3 1 of any year must not be adjusted due to any change in the formula and any change in the input data into the formula after 4 March 1 of the year. Any changes in allocation due to formula changes must be held in abeyance until the next year's 5 allocation as required herein. By March 1, the Commission on Higher Education shall submit the final formula and the input 6 data into the formula to the Senate Finance Committee, the House Ways and Means Committee, the Senate Education 7 Committee, and the House Education and Public Works Committee. 8 18A.9. (CHE: Reciprocal Tuition) The University of South Carolina's Aiken Campus may offer in-state tuition to any 9 student whose legal residence is in the Richmond/Columbia County area of the neighboring state of Georgia as long as the 10 Georgia Board of Regents continues its Georgia Tuition Program by which in-state tuition is offered to students residing 11 in the Aiken/Edgefield County Area of the State of South Carolina. 12 18A.10. (CHE: Penn Center) Of the funds appropriated to Higher Education formula, $174,000 shall be allocated to 13 the University of South Carolina - Beaufort for the Penn Center Project. The funds allocated shall not be used for any other 14 purposes and shall not be reduced due to budget reductions. 15 18A.11. (CHE: Midlands Tec Property Acquisition) Before disposal of the property on which the S.C. Fire Academy 16 currently resides, Midlands Technical College must first be given the option of acquiring this property. 17 18A.12. (CHE: CHE Carry Forward) The Commission on Higher Education may carry forward into the current fiscal 18 year any unexpended general funds from the prior fiscal year to be used only for the Access and Equity Program. 19 18A.13. (CHE: Southeastern Manufacturing Technology Center) The South Carolina Commission on Higher Education 20 shall review annually the activities of the Southeastern Manufacturing Technology Center and make a budget 21 recommendation to the General Assembly. The funds appropriated to the University of South Carolina - Columbia for the 22 Southeastern Manufacturing Technology Center may not be used for any other purpose. 23 18A.14. (CHE: Greenville Higher Education Center Rent) Of the funds appropriated to higher education, $337,694 will 24 be allocated to Greenville Technical College to pay the annual rent for the Greenville Higher Education Center. 25 18A.15. (CHE: Property Disposal) The governing body for each technical college, public college and university shall 26 review the real property titled in the name of its institution to determine if such property is excess to the institution's 27 anticipated needs and is available for disposal. All real properties determined to be excess may be disposed of with the 28 approval of the Budget and Control Board. The proceeds of such sales are to be disposed of as follows: If the property was 29 acquired as a gift, through tuition student fees, county funds, or earned income, the proceeds may be retained by the selling 30 institution for use in accord with established needs. The proceeds acquired from the sale of real property acquired through 31 unique State appropriations, State Capital Improvement Bonds, or formula funds are to revert to the State's General Fund. 32 The responsibility for providing any necessary documentation including but not limited to documenting the fund source, 33 of any real property proposed for sale rests with each respective institution. 34 18A.16. (CHE: Out-of-State Tuition Subsidy) Any funds appropriated in excess of Fiscal Year 1993-94 total 35 appropriation must be allocated to the institutions for the funding of the formula for in-state students only. 36 18A.17. (CHE: SREB Funding) Funds appropriated for SREB contracts and dues may not be transferred or reduced. 37 18A.18. (CHE: Single-Gender Institutions) In considering the comprehensive funding needs of the various institutions 38 of higher learning, the General Assembly has taken cognizance of the decisions of federal courts in various jurisdictions
H03 - SECTION 18A - HIGHER EDUCATION, COMMISSION ON PAGE 454 1 which have held that single-gender institutions of higher learning provide valuable and unique educational opportunities 2 and are constitutionally permissible based on legitimate public policy considerations which justify single-gender education. 3 Studies conducted by several scholars have concluded that for a variety of reasons single-gender institutions have advantages 4 over coeducational institutions in numerous areas, and the data developed suggests that the differences between a single- 5 gender student population and a coeducational one justify a state's offering single-gender education. A state nevertheless 6 must appropriate its available funds so as to provide constitutionally permissible single-gender opportunities in higher 7 education based on public policy considerations governing the expenditure of funds in support of higher education which 8 justify single-gender classifications as being in the best interests of the providing state. The General Assembly, by this 9 proviso, declares and stipulates that the public policy considerations and state interests of South Carolina in establishing, 10 supporting, and providing for single-gender institutions of higher learning are as follows: 11 A. Policy of Diversity. 12 South Carolina believes that its institutions of higher learning should be diverse as to size, competitiveness, program 13 emphasis, student population, and location so as to provide students with a variety of academic opportunities and 14 experiences. In compliance with this policy of diversity, South Carolina has established a variety of diverse educational 15 post-secondary institutions ranging from small colleges to large regional universities, from liberal arts programs to specific 16 research-based programs, from two-year institutions to four-year institutions with no graduate programs and to four-year 17 institutions with comprehensive graduate and professional schools. In this contest, a policy of diversity should include 18 places for single-gender institutions within the overall higher education system of this State. The single-gender institutions 19 this State has supported over the years have been as a result of the legitimate state interest and desire for diversity in its 20 educational institutions, and a belief that a diverse state program that includes both single-gender programs and 21 coeducational programs better meets the individual needs of students than does a program or policy that requires all students, 22 without regard to individual needs, to attend coeducational colleges. 23 B. Policy of Meeting Need and Demand. 24 A need for single-gender educational programs exists in South Carolina in the opinion of its citizens, and a public demand 25 for them continues. The citizens of South Carolina want these programs and the public interest is well served by them. A 26 tremendous demand exists now and has historically existed for the type of single-gender opportunities the State has offered. 27 It may be true that this demand is somewhat unique to South Carolina and other similar states and does not necessarily exist 28 throughout the country but, nevertheless, where sufficient demand has existed for particular single-gender programs of either 29 gender thereby justifying the expenditure of public funds to support such programs, the State of South Carolina has 30 supported such programs and has a valid state interest in doing so. The current single-gender situations in South Carolina 31 are popular, fully-subscribed, and flourishing and clearly the State has a legitimate public policy interest in offering and 32 providing the types of educational experiences, including single-gender ones, that its taxpayers and citizens desire and 33 support. In addition, where a single-gender institution produces graduates of a particular discipline, training, or expertise, 34 and the record shows that this type of training could not be as successfully developed at a coeducational institution, a 35 legitimate and important state interest is served if the State through its agencies and programs or the nation through its 36 agencies and programs utilizes these graduates for compelling state or national needs. 37 C. Policy of Autonomy. 38 In the system of higher education in place in South Carolina, each institution of higher learning is governed by a board
H03 - SECTION 18A - HIGHER EDUCATION, COMMISSION ON PAGE 455 1 of trustees which governs the institution subject to the general law and in conjunction with the Commission on Higher 2 Education. The General Assembly has directed the Commission on Higher Education and the state's institutions of higher 3 learning to seek to create an environment in which each institution can pursue its own mission within the broader statewide 4 framework. 5 The missions of South Carolina's sixty-two public and independent post-secondary institutions vary widely. Research 6 universities offer degree programs through the doctoral level and professional programs consistent with their respective 7 missions. In addition, their missions emphasize funded research and public service activities that complement academic 8 programs. Within the context of their variety of roles and missions, senior colleges offer a broad range of degree programs 9 including graduate programs at the master's degree level in selected fields as well as public service and research programs. 10 This comprehensive system as a matter of public policy should include an institution's right to choose to offer a single- 11 gender program if sufficient demand for such a program exists and if the program fits within the broad framework of the 12 overall state educational system. 13 The General Assembly as part of its stated public policy of allowing each institution the autonomy within certain 14 guidelines to develop individualized mission statements and programs has therefore determined that it is consistent with its 15 stated policy of institutional autonomy for an institution to offer a single-gender opportunity accomplished through the 16 enactment of such vehicles as specific admission requirements based on gender or other similar requirements. 17 D. Policy of Economy of Resources. 18 The resources of the State of South Carolina available for higher education are becoming more and more scarce, and it 19 is mandatory and a compelling public policy and state interest that the available resources and funding for each institution 20 of higher learning be used in the most efficient and effective manner possible. 21 Studies have shown that single-gender programs provide a diversity of choice for the individual and varying needs of 22 students in the most efficient, economical, and prudent manner possible and with the maximum utilization of the resources 23 and assets of the State. This is true because single-gender programs avoid the duplication and additional expense that would 24 be incurred if an attempt was made to offer the unique characteristics of a single-gender program at a coeducational 25 institution. A single-gender institution can deliver some specific programs including those with holistic or adversarial 26 characteristics at less cost than can a coeducational institution and the State has a legitimate public policy interest in 27 providing these types of programs at the least possible cost. Also, consistent with its policy of providing single-gender 28 educational opportunities for the reasons enumerated herein, the State of South Carolina has found that the physical plant 29 of a single-gender institution must have certain characteristics different from those of a coeducational institution for the 30 purpose of ensuring privacy, safety, and for other such considerations. To attempt to construct or adapt the physical plant 31 of a single-gender institution for the purpose of making it suitable for coeducation would be prohibitively expensive. 32 Consequently, given the fiscal situation in South Carolina and given the competing demands on its scarce resources, it 33 is in the best interest of the State and a prudent public policy for single-gender institutions to be part of this state's higher 34 education system so that unique programs may be offered to interested students in the most economical and efficient manner 35 possible without unnecessary duplication and additional expense. 36 E. Policy of Choice. 37 Single-gender institutions and their programs provide a freedom of choice to students and their families, and the General 38 Assembly believes as a matter of public policy that this is a freedom for individual choice that does not need to be destroyed.
H03 - SECTION 18A - HIGHER EDUCATION, COMMISSION ON PAGE 456 1 Ample choices and opportunities for college educations in mixed-gender coeducational environments exist in South Carolina 2 and in other states and those individuals desiring a single-gender choice should also have the opportunity to make such a 3 choice. Single-gender institutions are not inherently unconstitutional or unlawful, and the General Assembly believes that 4 as a matter of public policy it has a duty to offer its citizens the widest range of educational opportunities it can offer in the 5 manner allowed by law, including single-gender opportunities, so that interested students are free to choose an institution 6 which, due to its distinctive educational methods, is not diminished or impaired as a result of a coeducational requirement; 7 and 8 For the reasons and policies above provided, South Carolina has historically supported and continues to support single- 9 gender educational institutions as a matter of public policy based on legitimate state interests where sufficient demand has 10 existed for particular single-gender programs thereby justifying the expenditure of public funds to support such programs. 11 Presently in South Carolina single-gender educational opportunities exist for men at The Citadel, but do not exist for 12 women in all areas and the members of the General Assembly, by this proviso, express their belief that it is appropriate for 13 this State to begin the process of providing single-gender educational opportunities for women. 14 18A.19. (CHE: Out-Of-State Tuition Subsidy Reduction) State-supported colleges and universities, including technical 15 colleges, shall not increase the tuition and fees charged to in-state undergraduate students until the institutions recapture and 16 maintain one hundred percent of the total education and general cost for out-of-state undergraduate students. Beginning 17 July 1, 1994, the Commission on Higher Education shall reduce the subsidy for out-of-state undergraduate students by five 18 percent each year until the state subsidy is at twenty-five percent of the total education and general cost. At the end of these 19 periods, the state subsidy for such undergraduate students shall be twenty-five percent of the total education and general 20 cost. However, for Fiscal Year 1994-95, this reduction does not take effect until recurring and nonrecurring funds in excess 21 of $567,386,486 have been appropriated for the higher education formula. No state funds can be used to provide 22 undergraduate out-of-state subsidies. 23 Should there be any in-state undergraduate tuition increase in violation of this section, the appropriations in this act to 24 that institution shall be reduced by the amount generated by that increase. 25 18A.20. (CHE: Advanced Placement) Students successfully completing advanced placement courses and receiving a 26 score of three (3) or above on the exam shall receive advanced placement credit for each course in all post-secondary public 27 colleges in South Carolina. 28 18A.21. (CHE: Formula Funding for Converse Women's Leadership Institute) Of the funds appropriated for the higher 29 education formula, one million four hundred thousand dollars shall be allocated to The Citadel for the Women's Leadership 30 Institute at Converse College upon approval of a single-gender program by any court of competent jurisdiction. This 31 contract will in no way make Converse College subject to the Commission on Higher Education's purview. Funds shall be 32 transferred to Converse College by the Citadel on a quarterly basis for students enrolled in Women's Leadership contract 33 program on the same per student basis as the per student state appropriation for cadets at The Citadel as determined under 34 the higher education formula of the Commission on Higher Education. Funds remaining after per student reimbursements, 35 up to a total of one million four hundred thousand dollars, shall be used to establish and support the Leadership Institute 36 at Converse College. 37 18A.22. (CHE: African-American Loan Program) Of the funds appropriated to the Commission on Higher Education 38 for the African-American Loan Program, $130,000 shall be distributed to South Carolina State University and $100,000
H03 - SECTION 18A - HIGHER EDUCATION, COMMISSION ON PAGE 457 1 shall be distributed to Benedict College, and must be used for a loan program with the major focus of attracting African- 2 American males to the teaching profession. The Commission of Higher Education shall act as the monitoring and reporting 3 agency for the African-American Loan Program. $100,000 shall be distributed to South Carolina State University for the 4 purpose of funding the 1890 Leadership Institute. Of the funds allocated according to this proviso, no more than 10% shall 5 be used for administrative purposes. 6 18A.23. (CHE: Scholarship and Grants Allocation) In instances where the equal division of the appropriated funds 7 between need-based grants and the Palmetto Fellows Program exceeds the capacity to make awards in either program, the 8 Commission on Higher Education has the authority to re-allocate the remaining funds between the two programs until these 9 programs are fully implemented in FY 2000-2001, after which an equal division between the two programs shall be 10 maintained. A renewal applicant must have maintained a minimum cumulative grade point average of 2.0 on a 4.0 scale. 11 18A.24. (CHE: Carry Forward Formula Funding for Converse Women's Leadership Institute) Funds appropriated in 12 Part IB, Section 18A.26 of Act 145 of 1995 for The Citadel for the Women's Leadership Institute at Converse College shall 13 be carried forward to be used in the 1996-97 fiscal year for the same purposes authorized in Act 145 of 1995. 14 18A.25. (CHE: Performance and Formula Funding) Of the funds appropriated to the Colleges and Universities 15 $5,940,000 shall be distributed according to the performance model adopted by the Commission on Higher Education for 16 FY 97-98. Funding to AHEC shall be increased by the average percentage increase of the funds appropriated for the higher 17 education formula. 18 18A.26. (CHE: Palmetto Fellows Scholarship) It is the intent of the General Assembly to insure that the most 19 academically gifted students who applied for the Palmetto Fellows Scholarship during 1996-97 are awarded a scholarship 20 for the purpose of keeping these students in South Carolina. In addition to any student who has already been awarded a 21 Palmetto Fellows Scholarship, any student who had applied and meets the following priority-ordered criteria shall be 22 awarded a Palmetto Fellow Scholarship insofar as funds are available: 23 1) All National Merit finalists, 24 2) All students who scored 1400 or better on their SAT (or its equivalent on the PSAT or the ACT), 25 3) All students who scored 1300 on their SAT or better (or its equivalent) with a 3.5 or better GPA, and 26 4) All students who ranked first in their class with a 3.75 or better GPA. All GPA's must be converted to a 4.0 27 scale. 28 Each Palmetto Fellows scholar will receive up to $5,000 annually for up to eight semesters to pursue a baccalaureate 29 degree at participating institutions. All other sources of grant funds must be applied to the unmet total cost of attendance 30 before calculating the scholarship award. The maximum amount may not exceed the cost of attendance. To fund these 31 additional scholarships, the Commission on Higher Education is authorized to use any carry forward funds from FY 96-97 32 in the Palmetto Fellows Scholarship account, as well as using as much as is needed to fund the remaining scholarships from 33 the contingent annual license tax imposed on operators of licensed low-level radioactive waste disposal sites. 34 35 H06 - SECTION 18B - HIGHER EDUCATION TUITION GRANTS 36 37 18B.1. (HETG: Disbursal of Grant Funds/Interest Earnings) South Carolina Tuition Grants Program funds shall be 38 disbursed to eligible students on a semester-by-semester basis. Interest accrued on the balance of undisbursed tuition grants
H06 - SECTION 18B - HIGHER EDUCATION TUITION GRANTS PAGE 458 1 programs funds on deposit with the State Treasurer's Office from September 15 through December 31 shall be calculated 2 by the State Treasurer's Office and transferred within 30 days to the South Carolina Tuition Grants Program to be awarded 3 as tuition grants to eligible students. 4 5 H09 - SECTION 18C - CITADEL, THE 6 7 18C.1. (CIT: Women's Leadership Program) The funds appropriated in Part IA, Section 18C, of this act and any other 8 funds appropriated in any other appropriation act for the Women's Leadership Program must be used exclusively for the 9 support of the Women's Leadership Program. Provided further, that no funds may be expended until the approval of a 10 single-gender program as established in Part II of this act by any court of competent jurisdiction. 11 18C.2. (CIT: Women's Leadership Carry Forward) Funds Of the funds appropriated in Item 50, Section 2 of Act 146 12 of 1995, for The Citadel's Women's Leadership Program, $440,000 shall be carried forward to be used in Fiscal Year 1996- 13 97 1997-98 for the same purposes authorized in Act 146 of 1995 and as amended costs involved with assimilating females 14 into the Citadel. 15 16 H45 - SECTION 18K - UNIVERSITY OF SOUTH CAROLINA 17 18 18K.1. (USC: Palmetto Poison Control Center) Of the funds appropriated or authorized herein, the University of South 19 Carolina shall expend at least $150,000 on the Palmetto Poison Control Center. 20 18K.2. (USC: Public Service Activities) Of funds appropriated to the University of South Carolina in Section 18KA 21 for public service activities, $25,000 shall be provided for the continuing operation of the Gerontology Project, $90,624 shall 22 be provided for the Law Enforcement Census and Annual Law Enforcement Report which is to be prepared by the Office 23 of Agency Research and Service, College of Criminal Justice, and $20,000 for the Old Fort Congaree Project. 24 18K.3. (USC: Confederate Relic Room Rent) Rent may be charged by the University of South Carolina to the 25 Confederate Relic Room, for the use of space occupied as of June 30, 1992, shall not be increased above the 1991-92 level 26 in accordance with procedures established by the Budget and Control Board. 27 18K.4. (USC: Child Development Centers - Indirect Cost Partial Waiver) The University of South Carolina, Columbia, 28 Lancaster, Spartanburg, and Union Campuses shall be allowed to apply a 5% indirect cost rate for their four early childhood 29 education centers supported by the SC Health and Human Services Block Grant for FY 93-94. 30 18K.5. (USC: Indirect Cost Recovery Waiver for Summer Food Service Program) The University of South Carolina 31 is granted partial waiver of the remittance of indirect cost recoveries for the Summer Food Service Program supported by 32 the Federal Department of Agriculture through the Department of Social Services. The waiver may not exceed the amount 33 of direct administrative cost for the program. 34 18K.6. (USC: Medical School - Position Transfer) The University of South Carolina positions that are funded by the 35 School of Medicine but are employees of Richland Memorial Hospital are to be transferred to the University of South 36 Carolina during Fiscal Year 1996-97. As of the date of transfer, these employees will be employees of the University of 37 South Carolina subject to the policies of the University and the State; provided, however, that such employees will be 38 afforded all benefits of state employment. Service credit at Richland Memorial Hospital will be recognized for the purpose
H45 - SECTION 18K - UNIVERSITY OF SOUTH CAROLINA PAGE 459 1 of leave accrual. Existing annual and sick leave balances will be transferred to the University of South Carolina not to 2 exceed allowable statutory leave balances. The University shall absorb these employees without additional FTE's. 3 18K.7. (USC: School of Medicine Practice Plan) Employees of agencies and institutions affiliated with the University 4 of South Carolina School of Medicine, who hold faculty appointments in the School, may participate in the School's Practice 5 Plan. Funds generated by such participants shall be handled in accordance with University policies governing Practice 6 Plan funds. 7 18K.8. (USC: Earth and Sciences Resources Institute) The Earth and Sciences Resources Institute shall conduct the 8 appropriate testing of Lake Prestwood to determine if it is suitable for recreational use. This testing shall be completed by 9 September 1, 1997. 10 18K.9. (USC: School Improvement Council) Of the funds appropriated to the University of South Carolina Columbia 11 Campus, $100,000 shall be used for the School Improvement Council. 12 13 H54 - SECTION 18M - MEDICAL UNIVERSITY OF SOUTH CAROLINA 14 15 18M.1. (MUSC: Family Practice Residency System) Statewide family practice residency system funds appropriated 16 for faculty salaries, teaching services, and consultant fees may only be expended when the above activities are accomplished 17 for educational purposes in the family practice centers. Authorization is hereby granted to the Medical University of South 18 Carolina to expend such funds in hospital-based clinical settings apart from the consortium hospital, when such settings are 19 determined by the President of the Medical University of South Carolina with approval of the Board of the Medical 20 University to provide appropriate educational experience and opportunities to the family practice residents and these funds 21 shall not be transferred to any other program. 22 18M.2. (MUSC: Ombudsman Program) From the funds appropriated in this section, the Medical University of South 23 Carolina shall provide the space needed for the Ombudsman Program of the Office of the Governor and shall provide 24 pertinent written statements, documents, exhibits and other items, as well as any other assistance, that is deemed necessary 25 for the performance of the program's mandates. 26 18M.3. (MUSC: AHEC Residency Programs Formula Funding) South Carolina Area Health Education Consortium 27 (S.C. AHEC) shall be awarded funding for the Statewide Family Practice Residency System and the Graduate Doctor 28 Education Program based on the appropriate formula, as approved by the S.C. AHEC and the Commission on Higher 29 Education, and the level of funding shall be the same percentage as the other State Institutions of Higher Education. 30 18M.4. (MUSC: AHEC Residency Programs Funds) Funds allocated for the residency programs (Statewide Family 31 Practice and Graduate Doctor Education) shall be used for those programs only. Funds allocated for the Area Health 32 Education Center program shall be used for that program only. 33 18M.5. (MUSC: AHEC Rural Physician Recruitment Program) The funds appropriated to The Medical University of 34 South Carolina for the "rural physician program" shall be administered by the SC AHEC Physician recruitment office. The 35 Medical University of South Carolina shall be responsible for the fiscal management of funds to ensure that state policies 36 and guidelines are adhered to. A legislatively appointed Board is hereby created to manage and allocate these funds in the 37 best interests of the citizens of South Carolina. The Board will be composed of the following: The Executive Director, or 38 his designee, of the SC Primary Care Association; the Dean, or his designee, of the USC School of Medicine; the Executive
H54 - SECTION 18M - MEDICAL UNIVERSITY OF SOUTH CAROLINA PAGE 460 1 Director, or his designee, of the S.C. Medical Association; two representatives from rural health care settings, one to be 2 appointed by the Chairman of the Senate Medical Affairs Committee and one to be appointed by the Chairman of the House 3 Medical, Military, Public and Municipal Affairs Committee; the Commissioner, or his designee, of the Department of Health 4 and Environmental Control; the Executive Director, or his designee, of the S.C. Hospital Association; the Commissioner, 5 or his designee, of the Commission on Higher Education; and the Director, or his designee, of the Department of Health and 6 Human Services. The Chairman, with the concurrence of the Board, shall appoint 3 at-large members with 2 representing 7 nursing and 1 representing allied health services in South Carolina. 8 18M.6. (MUSC: Diabetes Center of Excellence) Of the funds appropriated to the Medical University of South Carolina, 9 $232,000 $396,000 shall be used for a Diabetes Center of Excellence. 10 18M.7. (MUSC: Medical School Graduates Statistics) From the funds appropriated in Part IA, Section 18MC, Program 11 II. Family Practice for classified positions and other operating expenses, the State Office of Rural Health shall compile the 12 statistics on the number of graduates of USC School of Medicine and Medical University of South Carolina who are actually 13 practicing medicine as primary care physicians in South Carolina, with said statistics to include specific data as to the type 14 of specialization of any internists and to include the number of graduates who are practicing in rural or underserved areas 15 of this state; and such data shall be reported to the General Assembly by January 1, 1996. 16 18M.8. (MUSC: Realign Appropriations) In consultation with the Senate Finance Committee and the House Ways and 17 Means Committee, the Medical University of South Carolina is authorized to realign its Fiscal Year 1997-98 appropriations 18 into a revised structure to reflect actual program operations. 19 20 H59 - SECTION 18N - TECHNICAL & COMPREHENSIVE EDUCATION BOARD 21 22 18N.1. (TEC: Real Property Acquisition) Before any local technical education area commission may acquire any real 23 property, the approval of the State Board for Technical and Comprehensive Education and the State Budget and Control 24 Board and the Joint Bond Review Committee shall be obtained. 25 18N.2. (TEC: Training of New & Expanding Industry) Notwithstanding the amounts appropriated in this section for 26 "Special Schools", it is the intent of the General Assembly that the State Board for Technical and Comprehensive Education 27 expend whatever available funds as are necessary to provide direct training for new and expanding business or industry. 28 In the event expenditures are above the appropriation, the appropriation in this section for "Special Schools" shall be 29 appropriately adjusted, if and only if, revenues exceed projections and the Budget and Control Board and the Joint 30 Appropriations Review Committee approve approves the adjustment. 31 18N.3. (TEC: Training of New & Expanded Industry Carry Forward) In addition to the funds appropriated in this 32 section, any of the funds appropriated under this section for the prior fiscal year which are not expended during that fiscal 33 year may be carried forward and expended for direct training of new and expanding industry in the current fiscal year. 34 18N.4. (TEC: Training for New and Expanded Industry - Payments of Prior Year Expenditures) The State Board for 35 Technical and Comprehensive Education may reimburse business and industry for prior year training costs billed to the 36 agency after fiscal year closing with the concurrence of the Comptroller General. 37 18N.5. (TEC: Special Events Entity) That upon establishment of a new non-profit corporation that formerly functioned 38 as a program component of the State Board for Technical and Comprehensive Education, the accumulated balance of Other
H59 - SECTION 18N - TECHNICAL & COMPREHENSIVE EDUCATION BOARD PAGE 461 1 Funds revenues net of all liabilities of that component's operations be transferred as appropriate to the new corporation 2 during Fiscal Year 1996-97. Also, ownership of the equipment purchased from the Other Funds revenues will be transferred 3 to the new entity. 4 5 H63 - SECTION 19 - EDUCATION, DEPARTMENT OF 6 7 19.1. (SDE: Agriculture Teachers) The funds appropriated for "Aid to School Districts - 12 Months Agriculture 8 Teachers" in Section XIII, shall be used to cover the additional cost to school districts of placing all vocational agriculture 9 teachers on twelve-month contracts. 10 19.2. (SDE: Appropriation Transfer Prohibition) The amounts appropriated herein for aid to subdivisions, allocations 11 to school districts, or special line items shall not be transferred and must be expended in accordance with the intent of the 12 appropriation. 13 19.3. (SDE: Attendance/Lunch Supervisors) The amounts appropriated in this section for Attendance Supervisors and 14 for County School Lunch Supervisors shall be used for the payment of salaries of one attendance supervisor and one lunch 15 supervisor for each county. In the absence of a County Board of Education or with the approval of the County Board of 16 Education in multi-district counties, the salary will be proportionately distributed among the districts of the county on the 17 basis of the 135 average daily membership of the prior year, provided that such funds must be used for the supervision of 18 the Attendance Program and the supervision of the School Food Service Program respectively. For the current fiscal year 19 the local supplement to salaries of county School Lunch Supervisors and School Attendance Supervisors shall not be 20 reduced below the supplements paid in the prior fiscal year. 21 19.4. (SDE: Child Development Centers) School districts which operate Social Services Block Grant Child 22 Development Centers shall be exempt from Department of Education rules and regulations concerning Child Development 23 Centers during the current fiscal year. 24 19.5. (SDE: Darlington Desegregation Lawsuit) Funds appropriated, pursuant to this act or any other act, to the 25 Department of Education for the purpose of effectuating a settlement of the Darlington Desegregation lawsuit brought 26 against the State of South Carolina or any of its political subdivisions may not be transferred or expended for any purpose 27 other than the lawsuit for which the funds were appropriated shall be expended for instructional materials. Unexpended 28 funds may be carried forward from the prior fiscal year to be expended for the same purposes in the current fiscal year this 29 purpose. 30 19.6. (SDE: DHEC - Comprehensive Health Assessment) Of the funds appropriated to the Department of Education- 31 Administration, $94,658 must be transferred to DHEC to provide comprehensive health assessments for children entering 32 first grade in school districts having more than fifty percent of the students qualifying for free and reduced price lunches. 33 All school districts shall participate, to the fullest extent possible, in the Medicaid program by seeking appropriate 34 reimbursement for services and administration of health and social services. Reimbursements to the school districts shall 35 not be used to supplant funds currently being spent on health and social services. DHEC shall coordinate with the State 36 Department of Education and the Department of Health and Human Services in submission of a report to the Senate 37 Education Committee and House Education and Public Works Committee on the effectiveness of health and social programs 38 in identifying and improving children's health status and the need for follow-up and/or additional services.
H63 - SECTION 19 - EDUCATION, DEPARTMENT OF PAGE 462 1 19.7. (SDE: EFA Formula/Base Student Cost Inflation Factor) To the extent possible within available funds, it is the 2 intent of the General Assembly to provide for 100 percent of full implementation of the Education Finance Act to include 3 an inflation factor projected by the Division of Budget and Analyses to match inflation wages of public school employees 4 in the Southeast. The base student cost for FY 1996-97 1997-98 has been determined to be $1,760 $1,839 which includes 5 a 4.5% inflation factor. 6 Any unallocated Education Finance Act funds at the end of the current fiscal year must be allocated to the school districts 7 for school building aid on a non-matching basis on the same basis that districts receive Education Finance Act allocations. 8 19.8. (SDE: EFA - Formula) The amount appropriated in Part IA, Section 19 for "Education Finance Act" shall be 9 the maximum paid under the provisions of Act 163 of 1977 (the South Carolina Education Finance Act of 1977) to the 10 aggregate of all recipients. The South Carolina Education Department shall develop formulas to determine the State and 11 required local funding as stipulated in the South Carolina Education Finance Act of 1977. Such formulas shall require the 12 approval of the State Board of Education and the Budget and Control Board. After computing the EFA allocations for all 13 districts, the Department shall determine whether any districts' minimum required local revenue exceeds the districts' total 14 EFA Foundation Program. When such instance is found, the Department shall adjust the index of taxpaying ability to reflect 15 a local effort equal to the cost of the districts' EFA Foundation Program. The districts' weighted pupil units are to be 16 included in determination of the funds needed for implementation of the Education Finance Act statewide. 17 In the event that the formulas as devised by the Department of Education and approved by the State Board of Education 18 and the Budget and Control Board should provide for distribution to the various school districts totaling more than the 19 amount appropriated for such purposes, subject to the provisions of this proviso, the Department of Education shall reduce 20 each school district entitlement by an equal amount per weighted pupil so as to bring the total disbursements into conformity 21 with the total funds appropriated for this purpose. If a reduction is required in the State's contribution, the required local 22 funding shall be reduced by the proportionate share of local funds per weighted pupil unit. The Department of Education 23 shall continually monitor the distribution of funds under the provisions of the Education Finance Act and shall make periodic 24 adjustments to disbursements to insure that the aggregate of such disbursements do not exceed the appropriated funds. 25 Notwithstanding any other provision of law, local districts shall not be mandated or required to inflate the base number 26 in their respective salary schedules by any percentage greater than the percentage by which the appropriated base student 27 cost exceeds the appropriated base student cost of the prior fiscal year. 28 19.9. (SDE: Employer Contributions/Allocations) It is the intent of the General Assembly that the appropriation 29 contained herein for "Public School Employee Benefits" shall not be utilized to provide employer contributions for any 30 portion of a school district employee's salary which is federally funded. 31 State funds allocated for school district employer contributions must be allocated by the formula and must be used first 32 by each district to cover the cost of fringe benefits for personnel required by the Defined Minimum Program, food service 33 personnel and other personnel required by law. Once a district has expended all state allocated funds for fringe benefits, 34 the district may utilize food service revenues to fund a proportionate share of fringe benefits costs for food service personnel. 35 The Department of Juvenile Justice and the Department of Corrections' school districts must be allocated funds under 36 the fringe benefits program in accordance with criteria established for all school districts. 37 19.10. (SDE: Employer Contributions/Obligations) In order to finalize each school district's allocations of Employer 38 Contributions funds for retiree insurance from the prior fiscal year, the Department of Education is authorized to adjust a
H63 - SECTION 19 - EDUCATION, DEPARTMENT OF PAGE 463 1 school district's allocation in the current fiscal year accordingly to reflect actual payroll and payments to the Retirement 2 System from the prior fiscal year. In the event the Department of Education is notified that an Educational Subdivision has 3 failed to remit proper payments to cover Employee Fringe Benefit obligations, the Department of Education is directed to 4 withhold the Educational Subdivision's state funds until such obligations are met. 5 19.11. (SDE: Fees - Incidental & Matriculation) Notwithstanding any other provision of law, the board of trustees of 6 any school district which does not have the authority by any special act of the General Assembly to charge the cost of 7 educational materials and supplies is authorized to charge a fee to offset the cost of education materials and supplies. The 8 board of trustees of each school district which charges such fees is directed to develop rules and regulations for such fees 9 which take into account the students' ability to pay and to hold the fee to a minimum reasonable amount. Fees may not be 10 charged to students eligible for free lunch and must be pro rata for students eligible for reduced price lunches, if the parents 11 or guardians of these students so request. 12 19.12. (SDE: Governor's School for Science & Math) Any unexpended balance on June 30, of the prior fiscal year of 13 funds appropriated to or generated by the Governor's School for Science and Mathematics may be carried forward and 14 expended in the current fiscal year pursuant to the direction of the Board of Trustees of the School. Of the general fund 15 appropriation to the Governor's School for Science and Mathematics, $30,000 must be used to provide for library and 16 facilities improvements at Coker College that will be of benefit both to the College and the School. 17 19.13. (SDE: Educational Responsibility/Foster Care) Notwithstanding any other provision of law, the responsibility 18 for providing a free and appropriate public education program for all children including handicapped students is vested in 19 the public school district wherein a child of lawful school age resides in a foster home, group home, orphanage, or a state 20 operated health care facility including a facility for treatment of mental illness or chemical dependence located within the 21 jurisdiction of the school district. The districts concerned may agree upon acceptable local cost reimbursement. If no 22 agreement is reached, districts providing education shall receive from the district where the child last resided before 23 placement in a facility an additional amount equivalent to the statewide average of the local base student cost multiplied by 24 the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act. If a child from out-of-state 25 is being resided in a facility owned and/or operated by a for profit entity, the district providing educational services shall 26 be reimbursed by the for profit entity the local district's local support per weighted pupil above the statewide average base 27 student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act. 28 School districts providing the education shall notify the non-resident district in writing within 45 calendar days that a student 29 from the non-resident district is receiving education services pursuant to the provisions of the proviso. The notice shall also 30 contain the student's name, date of birth, and handicapping condition if available. If appropriate financial arrangements 31 cannot be effected between institutions of the state and school districts, institutions receiving educational appropriations shall 32 pay the local base student cost multiplied by the appropriate pupil weighting. Children residing in institutions of state 33 agencies shall be educated with non-disabled children in the public school districts if appropriate to their educational needs. 34 Such institutions shall determine, on an individual basis, which children residing in the institution might be eligible to 35 receive appropriate educational services in a public school setting. Once these children are identified, the institution shall 36 convene an IEP meeting with officials of the public school district in which the institution is located. If it is determined by 37 the committee that the least restrictive environment in which to implement the child's IEP is a public school setting, then 38 the school district in which the institution is located must provide the educational services. However, that school district
H63 - SECTION 19 - EDUCATION, DEPARTMENT OF PAGE 464 1 may enter into contractual agreements with any other school district having schools located within a 45 mile radius of the 2 institution. The cost for educating such children shall be allocated in the following manner: the school district where the 3 child last resided before being placed in an institution shall pay to the school district providing the educational services an 4 amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting as 5 set forth in Section 59-20-40 of the Education Finance Act; the school district providing the educational services shall be 6 able to count the child for all funding sources, both state and federal. The institution and school district, through contractual 7 agreements, will address the special education and related services to be provided to students. Should the school district 8 wherein the institution is located determine that the child cannot be appropriately served in a public school setting, then the 9 institution may request a due process hearing pursuant to the procedures provided for in the Individuals with Disabilities 10 Education Act. 11 19.14. (SDE: Handicapped/Preschool Children) The State funding for free appropriate public education provided for 12 the three and four year old disabled children served under Act 86 of 1993 shall be distributed based on the district's index 13 of taxpaying ability as defined in Section 59-20-20(3). Five-year-old disabled children shall continue to be funded under 14 the Education Finance Act of 1977. 15 19.15. (SDE: Instruction in Juvenile Detention Centers) It shall be the responsibility of the School District where a local 16 Juvenile Detention Center is located to provide adequate teaching staff and to ensure compliance with the educational 17 requirements of this state. Students housed in local detention centers are to be included in the average daily membership 18 count of students for that district and reimbursement by the Department of Education made accordingly. 19 19.16. (SDE: Non-Recurring: School-Library Resource Materials) Of the funds appropriated for school library resource 20 materials, $1,000 shall be distributed to each school district with remaining funds distributed on a per pupil basis. 21 19.17. (SDE: Public School Employee Cost Savings Program) The State Department of Education, with resources 22 appropriated in Section 19, shall implement the Public School Employee Cost Savings Program as authorized in Section 23 59-1-452 for the purpose of making cash awards to individual school district employees for cost savings ideas which are 24 proven to be workable. 25 19.18. (SDE: Revenue Authorization) The State Department of Education is hereby authorized to collect, expend, and 26 carry forward revenues in the following areas to offset the cost of providing such services: the sale of publications, 27 brochures, photo copies, listings and labels, Directory of South Carolina Schools, student health record cards, items to be 28 recycled, and high school diplomas and certificates; the collection of out-of-state and in-state investigation fees, registration 29 fees for non-SDE employees, recurring facility inspection fees, teacher certification fees; the handling of audio-visual film; 30 the provision of contract computer services to school districts and other state agencies, joint broadcast service to school 31 districts, and education-related statistics through agreement with the National Center for Education Statistics; the lease or 32 sale of programs of television, audio or microcomputer software; the collection of damage fees for instructional materials 33 and the sale of unusable instructional materials; sale of fuel; the use and repair of transportation equipment; the receipt of 34 insurance and warranty payments on Department of Education equipment and the sale of used school buses and support 35 equipment. The Department of Education is authorized to collect revenue for deposit into the State General Fund for testing 36 material purchases and test rescoring fees. 37 19.19. (SDE: School District Bank Accounts) Notwithstanding any other provisions of law, each school district in this 38 State, upon the approval of the district's governing body, may maintain its own bank account for the purpose of making
H63 - SECTION 19 - EDUCATION, DEPARTMENT OF PAGE 465 1 disbursement of school district funds as necessary to conduct school district business and each county treasurer is hereby 2 authorized to transfer such amount as needed, upon receipt of a written order certified by the district governing body or their 3 designee. Such order shall contain a statement that such amount is for immediate disbursement for the payment of correct 4 and legal obligation of the school district. 5 19.20. (SDE: School Lunch Program Aid) The amount appropriated herein for School Lunch Program Aid shall be 6 divided among the County Boards of Education of the State upon the basis of the number of schools participating in the 7 School Lunch Program in each county during the prior school year. The travel expenses of the County School Lunch 8 Supervisor shall be paid from this appropriation at the prevailing rate of mileage allowed by the State. These funds may 9 be used as an aid in improving the School Lunch Program. These funds may not be used to supplement the salaries of school 10 lunch supervisors. In the absence of a County Board of Education in multi-district counties, the funds will be divided among 11 the school districts of the county on the basis of the number of schools participating in the School Lunch Program in each 12 district during the prior school year. 13 19.21. (SDE: Teacher Classification/Other Agencies) Employees in teaching positions in schools operated by the 14 Department of Juvenile Justice, the S. C. Department of Corrections and the South Carolina School for the Deaf and the 15 Blind shall be exempt from classification by the Division of Budget and Analyses during the current fiscal year. Employees 16 in teaching positions in schools operated by John De La Howe and Wil Lou Gray Opportunity School, at the discretion of 17 the agency, are exempt from classification by the Office of Human Resources. 18 19.22. (SDE: Teachers/Temporary & Emergency Certificates) Of the funds provided for teacher salaries funds may be 19 used to pay salaries for those teachers holding temporary or emergency certificates which shall remain valid for the current 20 school year if the local board of education so requests. The State Department of Education shall submit to the General 21 Assembly by March 1, of the current fiscal year, a report showing by district the number of emergency certificates by 22 category; including an enumeration of the certificates carried forward from the previous year. No temporary or emergency 23 certificate shall be continued more than twice. 24 19.23. (SDE: Testing/Continuous Assessment) Of the funds appropriated under Section III, Division of Policy 25 Education Initiatives, the Department of Education is authorized to use funds currently allocated for testing in grades 1, 2 26 and 6, for a final year, to pilot-test and field-test a continuous assessment system for classroom level use in Kindergarten 27 through grade 3 and for piloting new items for the state assessment system. Plans for the statewide implementation of a 28 continuous assessment system in Kindergarten through grade three and for the new items for the assessment system and 29 plans for the new assessment system must be reported to the Senate Education and House Education Committees no later 30 than December 1, 1996 1997. 31 Notwithstanding any other provision of law, for the 1996-97 1997-98 school year the basic skills assessment tests may 32 be administered in grades 1 and 2; and only the Basic Skills science and writing tests will be administered in grade 6; all 33 other Basic Skills tests will continue to be administered in the established grades. 34 19.24. (SDE: Student Performance System) Of the funds appropriated for the Basic Skills Assessment Program, not 35 more than $250,000 may be used to expand the Twelve Schools Project to include a total of 36 sites and for regional 36 professional development training for other schools based on the Twelve Schools Project. The 36 sites will work with the 37 State Department of Education and the SC Curriculum Congress to develop multi-tiered assessments to be aligned with 38 curriculum frameworks as a basis for a revised student performance system. As part of the revised student performance
H63 - SECTION 19 - EDUCATION, DEPARTMENT OF PAGE 466 1 system, alternate criteria for determining the placement and promotion of students shall be developed and implemented. 2 Schools participating in this project shall be excused from participation in the state mandated testing programs, except for 3 the exit exam, and shall be considered in compliance with the programs provided for in SC Code Sections 59-5-65, 59-18- 4 10, 59-18-11, 59-18-15, 59-18-30, and 59-21-800 with no effect on deregulation status. 5 19.25. (SDE: Transportation/Demonstration Sites) The Department of Education may designate the Charleston, Beaufort 6 and/or Jasper County School Districts as demonstration sites for privatization of student transportation services and for the 7 coordination of community based public transportation services. Funding for these pilot sites shall not exceed that presently 8 utilized to support school transportation in the site(s). Appropriated funds for school bus maintenance, gas, drivers and 9 fringe benefits are to be used for this project. 10 19.26. (SDE: Travel/Outside of Continental U.S.) School District allocations from General Funds and EIA funds shall 11 not be used for travel outside of the continental United States. 12 19.27. (SDE: Year End Closeout) The State Department of Education is authorized to expend Federal and Earmarked 13 Funds (not including State or EIA Funds) in the current fiscal year for expenditures incurred in the prior year. The 14 Department is also authorized to use appropriated funds to pay for textbooks shipped in the fourth quarter of the prior fiscal 15 year. 16 19.28. (SDE: Transportation Collaboration) The Department of Education School Bus Maintenance Shops shall be 17 permitted, on a cost reimbursable-plus basis, to deliver transportation maintenance and services to vehicles owned or 18 operated by public agencies in South Carolina. 19 School Buses operated by school districts, other governmental agencies or head start agencies for the purpose of 20 transporting students for school or school related activities shall not be subject to State Motor Fuel taxes. Further, that 21 school districts, other governmental agencies or head start agencies may purchase this fuel, on a cost reimbursable-plus 22 basis, from the Department of Education School Bus Maintenance Shops. 23 19.29. (SDE: Greenville Joint Use Transportation Facility Study) The Department of Education, in consultation with 24 the Budget and Control Board and the Department of Transportation is directed to proceed with a study to determine the 25 feasibility of operating a joint-use maintenance and operations facility in Greenville County. The study should address, but 26 not be limited to, the market value of the property known as the Greenville School Bus Maintenance Shop, the cost of the 27 new facility, the cost of preparing the old facility for disposal and all other associated relocation expenses. Service needs 28 of the Greenville School District Bus Operations, SDE School Bus Maintenance, the Division of General Service/Motor 29 Vehicle Management Office, and the Department of Transportation should also be addressed. The findings of the study shall 30 be provided to the Budget and Control Board - Division of Operations for review and inclusion in their study of the most 31 efficient means of providing school transportation services. 32 19.30. (SDE: Kindergarten - Extended Day) Funds appropriated for the extended day portion of the five-year-old 33 kindergarten program shall be allocated at the EFA weight for half-day kindergarten students. Funding to local districts for 34 the extended-day portion of the kindergarten program shall be the number of students eligible for the federal free and 35 reduced lunch program. Local match is required for the extended-day portion of the funding. Local board of trustees shall 36 establish policies regarding priority of service in the extended-day program. However, unobligated funds which become 37 available during the fiscal year will be redistributed to fund additional eligible children served in the program on a prorated 38 basis. The Department of Education shall immediately undertake a comprehensive evaluation of instructional practices,
H63 - SECTION 19 - EDUCATION, DEPARTMENT OF PAGE 467 1 teaching strategies, and pupil/teacher ratios in order to determine best practices, refine the implementation of the program, 2 and provide professional development and technical assistance to schools and school districts for full-day kindergarten. 3 The first report of the on-going evaluation shall be provided to the Select Committee by July 30, 1998. 4 19.31. (SDE: Assisting, Developing, and Evaluating Professional Teaching--ADEPT) Funds appropriated in Part IA, 5 Section 19XIII.A-Aid to School Districts-Act 187, may be used for the implementation of the ADEPT system or continuation 6 of the APT system. Of the funds appropriated, $115,000 may be used to pay colleges and universities for APT services. 7 The remaining funds will be used to reimburse school districts for the cost of implementing the ADEPT program. For the 8 1997-98 school year, the Assessments of Performance in Teaching (APT) will no longer be used to evaluate student teachers 9 and colleges and universities shall evaluate and assist student teachers in accordance with State Board Guidelines. For 10 the 1997-98 school year, the APT will no longer be required for evaluating first year teachers. During this year, school 11 districts not using the APT shall adopt strategies, programs, and processes for assisting, developing and evaluating teachers 12 in accordance with State Board of Education guidelines. 13 19.32. (SDE: National Board Certification Incentive) DELETED 14 19.33. (SDE: 95-96 EFA Reimbursement) DELETED 15 19.34. (SDE: Alternative School Programs) The Department of Education shall proceed with a study of Alternative 16 Schooling to include in-school strategies and programs as well as alternative schools, currently in place in South Carolina 17 and across the nation. The study should address, but is not limited to, curriculum requirements, facility needs, staffing and 18 per pupil costs of successful Alternative Schooling. Findings and recommendations for both urban and rural school areas 19 shall be provided to the General Assembly by December 1, 1997. 20 19.35. (SDE: NTE Waiver) For individuals with work experience and content area degree, but who lack South Carolina 21 teaching credentials, the State Board of Education is authorized to waive, for an individual for one year only, the completion 22 of the NTE (Praxis II) subject area exam and pre-service institute required under the State Board of Education's Critical 23 Need Teacher Certification Program if unavoidable circumstances prevent the individual from meeting the requirements 24 and participating in the Critical Need Program. The teachers for whom this waiver is granted shall be entitled to 25 compensation under the school district's teacher salary schedule based on degree and years experience as a teacher. The 26 State Board of Education may grant this waiver to an individual more than one time. 27 19.36. (SDE: Defined Minimum Program Personnel Requirements) DELETED 28 19.37. (SDE: Summer Exit Exam Cost) Funds appropriated in Part IA, Section 19III.A may be used to offset the costs 29 of the summer administration of the Exit Examination. These funds may be expended to cover the costs related to 30 developing, printing, shipping, scoring, and reporting the results of the assessments. Local school districts may absorb local 31 costs related to administration. 32 19.38. (SDE: Governor's School for Arts & Humanities) Of the funds appropriated in this section for the Governor's 33 School for the Arts and Humanities, such funds may be used for personal services, operating expenses, equipment and other 34 expenses as necessary to complete the school. 35 36 H63 -SECTION 19A - EDUCATION-EIA, DEPARTMENT OF 37 38 19A.1. (SDE-EIA: Local Financial Support) There shall be no required local match for Education Improvement Act
H63 - SECTION 19A - EDUCATION-EIA, DEPARTMENT OF PAGE 468 1 funds appropriated in Part IA, Section 19X. This shall not impact or alter the requirements of §59-21-1030, level of 2 financial effort per pupil required of each school district; application for waiver. The inflationary increase required for local 3 financial effort as defined in Section 59-21-1030 for FY 1996-97 1997-98 is 3.5 3.2%. 4 19A.2. (SDE-EIA: Prohibition on Appropriation Transfers) The amounts appropriated herein for aid to subdivisions 5 or allocations to school districts shall not be transferred or reduced and must be expended in accordance with the intent of 6 the appropriation. 7 19A.3. (SDE-EIA: Revenue Shortfall) A minimum of one-half of one percent of the total estimated EIA revenue must 8 be appropriated for School Building Aid. In the event that an official EIA revenue shortfall is declared, the appropriation 9 for EIA School Building Aid shall be reduced by the amount necessary to offset the shortfall. Should EIA School Building 10 Aid not be sufficient, each remaining EIA program shall be reduced on a pro rata basis as necessary to compensate for the 11 total revenue shortfall. Funds appropriated for EIA teacher salaries and related fringe benefits in Part IA, Section 19X.C.1. 12 are exempt from such reduction. 13 19A.4. (SDE-EIA: XF-School Building Aid Allocation) All funds appropriated to the Department of Education for 14 the support and/or administration of an EIA program, initiative, or project eliminated or no longer active shall be transferred 15 to the school building fund for allocation to the local school districts. Funds appropriated in Part IA, Section 19X.F. School 16 Building Aid shall be transferred to a special trust fund established by the Comptroller General. Funds appropriated shall 17 be distributed to the school districts of the State for use in accordance with Section 59-21-350 of the Code of Laws of 1976. 18 Funds shall be allocated to eligible school districts on a per pupil basis. The allocation must be based on the 135 day count 19 of average daily membership for the second preceding fiscal year, except that full day kindergarten will be based on the 20 prior fiscal year. 21 19A.5. (SDE-EIA: XA-Adult Education/Literacy) From the EIA funds provided in Part IA, Section 19X.A. for adult 22 education, $150,000 must be used to provide for ten pilot projects for rural literacy development. In addition, each county 23 shall receive $50,000 for use by the school districts for adult literacy for service delivery to adult-nonreaders and those 24 reading at or below the eighth grade level. The school districts may provide this service or may contract to have this service 25 provided. In multi-district counties, the districts must agree on the method of service delivery for the entire county and 26 select one district to serve as the fiscal agent. 27 19A.6. (SDE-EIA: XA-Advanced Placement) Of the funds appropriated in Part IA, Section 19X.A. for Advanced 28 Placement, no more than $500,000 must be made available on a flat rate per class basis to schools offering "singleton" 29 Advanced Placement classes with a student/teacher ratio equal to or less than ten to one. The State Board of Education shall 30 develop guidelines for the distribution of these "singleton" funds. The remaining AP funds must be distributed to the school 31 districts of the state based upon the 135 day count of AP students served. AP funds may be used to defray the testing costs 32 of the International Baccalaureate Program which are incurred by school districts at the same per-test reimbursement rate 33 provided for Advanced Placement examinations. High schools may receive funding for the allowable costs associated with 34 ninth and tenth grade students taking Advanced Placement courses. 35 19A.7. (SDE-EIA: XA-Distribution) The money appropriated in Part IA, Section 19X. Education Improvement 36 Program, A. Raise Academic Standards-Credits HS Diploma shall be distributed to the school districts of the state based 37 upon the 135 day count of Average Daily Membership. 38 19A.8. (SDE-EIA: XA-Gifted & Talented) Notwithstanding the provisions for Section 59-29-170, ten percent (10%)
H63 - SECTION 19A - EDUCATION-EIA, DEPARTMENT OF PAGE 469 1 of the total state dollars appropriated annually for gifted and talented programs shall be set aside for serving artistically 2 gifted and talented students in grades 3-12. The State Department of Education shall allocate to districts a proportionate 3 share of the ten percent (10%) based on the preceding year's total average daily membership in grades 3-12. School districts 4 shall service students identified as artistically gifted and talented in one or more of the following visual and performing arts 5 areas: dance, drama, music and visual arts areas. Districts may utilize their proportionate share of the ten percent (10%) for 6 the purpose of contracting with other entities to provide services to students identified as artistically gifted and talented if 7 personnel or facilities are not available in the school district for that service. The remaining ninety percent (90%) of the state 8 dollars appropriated for gifted and talented programs shall be expended in accordance with Section 59-29-170. Each district 9 receiving funds for the gifted and talented program shall include an accelerated component as a part of its academically 10 gifted and talented program. EIA-Gifted and Talented funds may be carried forward and expended for the same purpose 11 in the current fiscal year. 12 19A.9. (SDE-EIA: XA-Gifted & Talented/CHE 8th Grade Advisement) Of the funds appropriated in Part IA, Section 13 19X.A. Gifted and Talented, $402,250 shall be used by the Commission on Higher Education to be expended on the eighth 14 grade advisement program. The Commission on Higher Education must provide a report on the effectiveness of the 15 advisement program to the Select Committee by October 1. 16 19A.10. (SDE-EIA: XA-Gifted & Talented/Governor's School for Arts) Of the funds appropriated in Part IA, Section 17 19X.A. for Gifted and Talented Program, $135,000 must be provided to the Governor's School for the Arts for training 18 teachers, administrators and supervisory personnel to work effectively in the identification, program development and 19 evaluation of artistically talented students and for the Outreach Program. The Governor's School for the Arts shall report 20 to the Select Committee on the effectiveness of the training and Outreach programs annually by October 1. 21 19A.11. (SDE-EIA: XA-Gifted & Talented/Jr. Academy of Science) Of the funds appropriated in Part IA, Section 22 19X.A. Gifted & Talented, $5,000 must be provided to the Junior Academy of Science. The Department of Education must 23 provide a report on the effectiveness of the Academy to the EIA Select Committee by October 1. 24 19A.12. (SDE-EIA: XA-Handicapped Student Services) The money appropriated in Part IA, Section 19X.A. for 25 Handicapped Student Services shall be used only for educational services for trainable mentally handicapped pupils and 26 profoundly mentally handicapped pupils. 27 19A.13. (SDE-EIA: XA-Junior Scholars) The State Board of Education, through the Department of Education, must 28 provide a report on the effectiveness of the Junior Scholars programs as appropriated in Part IA, Section 19X.A. to the EIA 29 Select Committee by October 1. 30 19A.14. (SDE-EIA: XB-Academic Assistance/Carry Forward) Any unexpended balance from the prior fiscal year in 31 the EIA appropriations in Part IA, Section 19X.B. for Academic Assistance may be carried forward to the current fiscal year 32 by school districts to be expended to operate programs in accordance with their Academic Assistance long range plans. 33 The Department of Education shall begin an in-depth review of district and school strategic plans; examine the alignment 34 of the instructional activities and benchmarks established to reach those goals; examine the alignment of the instructional 35 activities and strategies undertaken by the districts and schools with their plans; and their use of academic development 36 funds. The review shall serve as a basis for providing technical assistance to schools and school districts and 37 recommendations for needed changes in the law. The first report on the on-going evaluation shall be provided to the Select 38 Committee no later than June 30, 1998.
H63 - SECTION 19A - EDUCATION-EIA, DEPARTMENT OF PAGE 470 1 19A.15. (SDE-EIA: XB-Academic Assistance/Curriculum Development) Funds appropriated in Part IA, Section 19X.B. 2 for Act 135 of 1993 Other Operating must be used by the Department of Education to provide schools and school districts 3 with technical assistance on curriculum development, including implementing the Curriculum Frameworks, and instructional 4 improvement in keeping with the intent of Act 135 of 1993 (59-139-05 and 59-139-10 of the SC Code of Laws) as provided 5 in regulations promulgated by the State Board of Education. 6 19A.16. (SDE-EIA: XB-Academic Assistance/Early Child Development) A portion of the funds appropriated in Part 7 IA, Section 19X.B. for Academic Assistance 4-12 may be used to support components for the K-3 academic assistance if 8 such change promotes better coordination of state and federal funds provided for programs for these students. Districts 9 requesting this waiver from the State Board of Education must demonstrate how the use of these funds is in keeping with 10 their long range plan and how the needs of the students in grades 4-12 will be met. 11 19A.17. (SDE-EIA: XB-Academic Assistance/Formula Funding & Distribution) Notwithstanding any other provision 12 of law, the total funding in Part IA, Section 19X.B. for the 4-12 Academic Assistance component of Act 135 of 1993 shall 13 be based on a derived free and reduced lunch eligibility count for grades 4-12 obtained by applying the state percentage of 14 K-3 students eligible for free and reduced lunch to the 4-12 average daily membership; and funding for individual districts 15 shall be based on two equally weighted factors; the district's derived lunch percentage for grades 4-12 and its four year 16 average for the number of 4-12 students "not meeting" standard on the state's testing programs for the years 1990-1993. 17 19A.18. (SDE-EIA: XB-Academic Assistance/Reading Recovery) Of the EIA funds appropriated herein for the 18 Academic Assistance Act 135, $600,000 shall be used for the Reading Recovery programs throughout the State. The State 19 Department of Education shall report to the EIA Select Committee on the allocation and expenditure of these funds by 20 October 1. 21 19A.19. (SDE-EIA: XB-Academic Assistance/Remedial Adult Education) Of funds appropriated in Part IA, Section 22 19X.B. for Academic Assistance an amount not to exceed $1,000,000 must be used for adult education students scoring 23 below the BSAP standard on any portion of the exit examination at a weight of .114 of the base student cost as defined in 24 the Education Finance Act. 25 19A.20. (SDE-EIA: XB - Half Day Program for Four-Year-Olds) Funds appropriated in Part IA, Section 19X.B. for 26 half-day programs for four-year-olds shall be based on the previous three years' average for students tested as "not ready" 27 on the CSAB, however, no district shall receive less than 90 percent of the amount it received in the prior fiscal year. 28 Districts previously funded through General Fund Day Care shall receive funding from Part IA, Section 19X.B. for half-day 29 programs for four-year-olds at no less than 90 percent of the amount received in the prior fiscal year. 30 19A.21. (SDE-EIA: XC-Black History) Funds provided for the development of the Black History curricula may be 31 carried forward into the current fiscal year to be expended for the same purpose. 32 19A.22. (SDE-EIA: XC-Critical Teacher Needs) Funds appropriated for EIA-Critical Teacher needs must be used for 33 courses which support instructional techniques and strategies in keeping with the intent of Act 135 of 1993, the Middle 34 Schools Project, the Preparation for Technologies Program, Curriculum Frameworks, or need established in the school and 35 district long range plans. These funds may be used for courses which support the education of students with disabilities or 36 special needs in the regular classroom. School districts may require and collect a deposit from teachers enrolling in critical 37 teaching needs courses. Upon completion of the course any deposit collected shall be returned to the teacher having made 38 the deposit.
H63 - SECTION 19A - EDUCATION-EIA, DEPARTMENT OF PAGE 471 1 19A.23. (SDE-EIA: XC-Critical Teaching Needs/Roper Mountain) Of the funds appropriated in Part IA, Section 19 2 X.C. for Critical Teaching Needs, $200,000 shall be disbursed to the Roper Mountain Science Center for summer workshops 3 for public school science teachers. Funds disbursed to the Roper Mountain Science Center may be carried forward. 4 19A.24. (SDE/EIA: XC-School Technology) Funds appropriated in Part IA, Section 19 X.C. for school technology shall 5 be distributed to each school district based on a ratio of district free and reduced lunches for first through third grades to the 6 state total free and reduced lunches for first through third grades. 7 19A.25. (SDE-EIA: XC-Teacher Evaluations, XH-Implementation/EIA Select) The State Department of Education, 8 with the cooperation of the school districts and teacher education institutions, must, subject to the approval of the State 9 Board of Education, revise the system for assisting, developing, and evaluating student provisional, annual and continuing 10 contract teachers. The Department of Education is authorized to expend funds provided in Part IA, Section 19 X.C. for the 11 Teacher Evaluation System toward the revision of the evaluation system. The Department of Education shall provide a 12 report on its progress in revising the system, to include recommendations to date and a state and local fiscal impact 13 statement, to the EIA Select Committee by September 30 of the current year. 14 19A.26. (SDE-EIA: XC-Teacher Salaries/SE Average) The projected Southeastern average teacher salary shall be the 15 average of the average teachers salaries of the southeastern states as projected by the Division of Budget and Analyses. For 16 the current school year the projected Southeastern average teacher salary is projected to be $32,668 $33,547. It is the intent 17 of the General Assembly to fully fund or exceed the Southeastern average teacher salary as projected. 18 Funds appropriated in Part IA, Section 19X.C. for Teacher Salaries must be used to increase salaries of those teachers 19 eligible pursuant to § 59-20-50 (b), to include classroom teachers, librarians, guidance counselors, psychologists, social 20 workers, occupational and physical therapists, school nurses, orientation/mobility instructors and audiologists in the school 21 districts of the state. 22 19A.27. (SDE-EIA: XC-Teacher Salaries/State Agencies) Each state agency which does not contain a school district 23 but has instructional personnel shall receive an allocation from the line item " Alloc. EIA - TEACHER/OTHER PAY" in 24 Part IA, Section 19X.K. for teachers salaries based on the following formula: Each state agency shall receive such funds 25 as are necessary to adjust the pay of all instructional personnel to the appropriate salary provided by the salary schedules 26 of the school district in which the agency is located. Instructional personnel may include all positions which would be 27 eligible for EIA supplements in a public school district, and may at the discretion of the state agency, be defined to cover 28 curriculum development specialists, educational testing psychologists, psychological and guidance counselors, and 29 principals. 30 The funds appropriated herein in the line item " Alloc. EIA - Teacher/Other Pay" must be distributed to the agencies by 31 the Budget and Control Board. 32 19A.28. (SDE-EIA: XC-Tech Prep) Of the funds appropriated in Part IA, Section 19X.C. for the Tech Prep Program, 33 $75,000 shall be used by the State Department of Education, through the Tech Prep Consortia, to provide for professional 34 development in applied techniques and integration of curriculum, and professional development in career guidance for 35 teachers and guidance counselors and training mentors. In addition, $500,000 shall be allocated for Career Counseling 36 Specialists in the Tech Prep Consortia. Of the funds appropriated in the prior fiscal year, unexpended funds may be carried 37 forward to the current fiscal year and expended for the same purposes. 38 19A.29. (SDE-EIA: XD-Principal Salary Supplements) Funds appropriated in Part IA, Section 19X.D. for salary
H63 - SECTION 19A - EDUCATION-EIA, DEPARTMENT OF PAGE 472 1 supplements for principals and accompanying employer contributions must be distributed to school districts based on 2 average daily membership (ADM). Each school district shall distribute the funds as salary supplements in addition to 3 existing compensation equally among principals and assistant principals employed by the district. 4 19A.30. (SDE-EIA: XE-School Incentive Grants) Funds appropriated for EIA School Incentive Grants in the previous 5 fiscal year may be carried forward and expended during the current fiscal year by the school districts that earned School 6 Incentive Awards during the prior fiscal year. 7 19A.31. (SDE-EIA: XF-School Building Aid) Funds appropriated in Part IA, Section 19X.F. School Building Aid shall 8 be transferred to a special trust fund established by the Comptroller General. Funds appropriated shall be distributed to the 9 school districts of the State for use in accordance with Section 59-21-350 of the Code of Laws of 1976. 10 19A.32. (SDE-EIA: XF-School Building Aid Allocation) Funds appropriated in Part IA, Section 19X.F. for School 11 Building Aid shall be allocated to eligible school districts on a per pupil basis, with the amount allocated per pupil for 12 grades 1 through 12 being twice that of the kindergarten per pupil allocation. The allocation must be based on the 135 day 13 count of average daily membership for the second preceding fiscal year. 14 19A.33. (SDE-EIA: XG-Impaired School Districts) Funds appropriated in Part IA, Section 19X.G. for Impaired School 15 Districts, shall be used to provide grants to assist school districts in correcting education deficiencies as identified through 16 the application of criteria adopted by the State Board of Education for evaluating the quality of education in school districts. 17 First priority for this funding shall be an allocation of funds to those school districts whose education deficiencies led to the 18 designation of "In Greatest Need of Technical Assistance". Provided that the needs of such designated school districts have 19 been met, any remaining or unallocated current year funds may be used to assist other school districts whose education 20 deficiencies led to the lesser designation of "In Need of Technical Assistance". In all cases, no portion of the allocated funds 21 may be used by the school district for administration purposes. Funds appropriated for Impaired School Districts/In Need 22 of Technical Assistance and allocated to the school districts in the prior fiscal year may be retained and expended by the 23 school districts for the same purpose during the current year. 24 19A.34. (SDE-EIA: XH-Evaluation/EIA Programs) Of the funds appropriated in Part IA, Section 19X.H. for EIA 25 Implementation, Other Operating Expenses, $349,124 may only be used by the State Department of Education to support 26 its contracted program evaluations and the conduct of the State Board of Education's annual assessment of EIA-funded 27 education reforms and the related report, pursuant to Section 59-6-12. The remaining $250,000 appropriated in Part IA, 28 Section 19X.H. for EIA Implementation, Other Operating Expenses shall be used to support the continuation of program 29 and policy evaluations and studies and to support the state's participation in the Middle Grades Project, at no less than 30 $100,000 and Professional Development Schools for prospective teachers. Provided further, for the current fiscal year, 31 $100,000 shall be provided to the South Carolina Educational Policy Center for a collaborative project among the 32 University of South Carolina, the Department of Education and the EIA Select Committee for the purpose of providing for 33 the technical aspects of establishing a more thorough accountability system for public schools, school districts, and the K-12 34 education system. 35 19A.35. (SDE-EIA: XK-CHE/Teacher Recruitment) Of the funds appropriated in Part IA, Section 19X.K. for the 36 Teacher Recruitment Program, the S. C. Commission on Higher Education shall distribute a total of $967,686 $1,029,408 37 to the S.C. Center for Teacher Recruitment for a state teacher recruitment program, of which $200,000 must be used for 38 specific programs to recruit minority teachers, and shall distribute $206,000 to Benedict College and $236,000 $250,000
H63 - SECTION 19A - EDUCATION-EIA, DEPARTMENT OF PAGE 473 1 to S.C. State University to be used only for the operation of a minority teacher recruitment program and therefore shall not 2 be used for the operation of their established general education programs. The S.C. Commission on Higher Education shall 3 ensure that all funds are used to promote teacher recruitment on a statewide basis, shall ensure the continued coordination 4 of efforts among the three teacher recruitment projects, shall review the use of funds and shall have prior program and 5 budget approval. The S. C. State University program, in consultation with the Commission on Higher Education, shall 6 extend beyond the geographic area it currently serves. Annually, the Commission on Higher Education shall evaluate the 7 effectiveness of each of the teacher recruitment projects and shall report its findings and its program and budget 8 recommendations to the House and Senate Education Committees and the Education Improvement Act Select Committee 9 by December 1. 10 19A.36. (SDE-EIA: XK-DAODAS/DARE) Of the funds appropriated in Part IA, Section 19X.K. Other State Agencies 11 and Entities for the Department of Alcohol and Other Drug Abuse Services, $150,000 must be transferred to the State Law 12 Enforcement Division for the operation of Drug Abuse Resistance Education (DARE) program and for the training of DARE 13 officers in the fifth grade classes of public schools in the state, and $25,000 shall be used by the Department of Alcohol and 14 Other Drug Abuse Services to provide matching funds for local governments and school districts for the DARE program. 15 A report on the effectiveness of the DARE program must be provided by the Department of Alcohol and Other Drug Abuse 16 Services to the EIA Select Committee by October 1. 17 19A.37. (SDE-EIA: XK-Disbursements/Other Entities) Notwithstanding the provisions of Sections 2-7-66 and 11-3-50, 18 S.C. Code of Laws, it is the intent of the General Assembly that funds appropriated in Part IA, Section 19X.K. Other State 19 Agencies and Entities shall be disbursed on a quarterly basis by the Department of Revenue and Taxation directly to the state 20 agencies and entities referenced except for the Teacher Loan Program, Centers of Excellence, the EIA Select Committee 21 and School Technology, which shall receive their full appropriation at the start of the fiscal year from available revenue. 22 The Comptroller General's Office is authorized to make necessary appropriation reductions in Part IA, Section 19X.K. to 23 prevent duplicate appropriations. If the Education Improvement Act appropriations in the agency and entity respective 24 sections of the General Appropriations Act at the start of the fiscal year do not agree with the appropriations in Part IA, 25 Section 19X.K. Other State Agencies and Entities, the "other funds" appropriations in the respective agency and entity 26 sections of the General Appropriations Act will be adjusted by the Comptroller General's Office to conform to the 27 appropriations in Part IA, Section 19X.K. Other State Agencies and Entities. 28 19A.38. (SDE-EIA: XK-Status Offenders/John De La Howe) The funds appropriated in Part IA, Section 19X.K. for 29 the Status Offender Program shall be distributed to John De La Howe School to expand residential programs to include 30 court ordered status offenders. Components of such a program shall include collaboration between the home school district 31 and the residential school and treatment or related services to the families of students in placement. 32 19A.39. (SDE-EIA: XK-Student Loan Pgm/Teaching Loans & Governor Scholarships) Of the EIA funds provided in 33 Part IA, Section 19X.K. for the Student Loan Program sufficient funding shall be made available under the Governor's 34 Teaching Scholarship Program for renewal loans only. Students receiving these scholarships are eligible for the accelerated 35 payback method provided for in Section 59-26-20(k). Any funds in the Governor's Teaching Scholarship program which 36 are not committed as of July 1 of the current fiscal year may be used to fund student loans provided for in Section 59-26- 37 20(k). 38 19A.40. (SDE-EIA: XL-Arts in Education) Funds appropriated in Part IA, Section 19X.L. Arts Curricula shall be used
H63 - SECTION 19A - EDUCATION-EIA, DEPARTMENT OF PAGE 474 1 to assist districts that have not received funding for arts education during the four year pilot program; to sustain arts 2 education initiatives that began during the final year of the pilot program; and to support arts education curriculum in the 3 visual and performing arts which incorporates strengths from the Arts in Education pilot sites. 4 19A.41. (SDE-EIA: XL-Continuous Improvement/Innovation) Funds appropriated in Part IA, Section 19X.L. for 5 Continuous Improvement/ Innovation and allocated to the school districts for innovative initiatives in the prior fiscal year 6 may be retained and expended by the school districts for the same purpose during the current fiscal year. 7 19A.42. (SDE-EIA: XN-Parent Education) Funds appropriated in Part IA, Section 19X.N. shall be used to fund those 8 sites continuing to operate as Parent Education technical assistance sites in FY 1996-97 at a level not less than eighty-five 9 percent of the amount received in the prior year or according to the Parenting/Family Literacy funding allocations as 10 established in Act 135, which ever is greater. 11 19A.43. (SDE-EIA: XN-Parenting/Family Literacy) Funds appropriated in Part IA, Section 19X.N. for the 12 Parenting/Family Literacy Programs and allocated to the school districts for parenting projects in the prior fiscal year may 13 be retained and expended by the school districts for the same purpose during the current fiscal year. 14 19A.44. (SDE-EIA: XN-Parenting/Family Literacy/Child Abuse Awareness & Accelerated Schools) Of the funds 15 appropriated in Part IA, Section 19X.N. for the Parenting/Family Literacy, $200,000 must be used for the Child Abuse 16 Awareness and Prevention Project at Winthrop University and $125,000 must be used for the Accelerated Schools Project 17 at the College of Charleston. 18 19A.45. (SDE-EIA: XN-Parenting/Family Literacy/Cities-In-Schools) Notwithstanding any other provision of law, the 19 State Department of Education shall transfer $200,000 from the funds appropriated in Part IA, Section 19X.N. 20 Parenting/Family Literacy to Cities-In-Schools. These funds are to be utilized to provide technical assistance to local 21 communities in establishing Cities-In-Schools programs statewide. Cities-In-Schools will provide annual reports to the State 22 Department of Education which will include: budget expenditure data, a listing of the communities served and the services 23 provided. 24 19A.46. (SDE-EIA: XO-Problem Solving Skills) It is not the intent of the General Assembly that the instruction in 25 higher order thinking skills promote New Age religion or any other religion, faith, or belief. 26 19A.47. (SDE-EIA: XR-Local School Innovation Fund) The funds provided for the Local School Innovation Fund shall 27 be distributed to the school districts on a fifty percent average daily membership and fifty percent EFA basis and shall be 28 expended by the individual school in accordance with the school's long-range school improvement plan pursuant to Act 135 29 of 1993. Funds shall be accounted for in accordance with the EIA program or strategy. 30 19A.48. (SDE-EIA: X-Autistic Children Pilot Project) Of the EIA funds appropriated to the Department of Education, 31 $25,000 shall be provided to the Pickens County School District for a pilot project to teach the Lovaas method to autistic 32 children in the Pickens County School District during the 1996/1997 1997-98 school year. The purpose of this pilot is to 33 help mainstream these children back into the classroom and to reduce or eliminate future long term care costs. These funds 34 are located in Part IA, Section 19, Program X.A. Alloc EIA-Hndcap Std Srvc. 35 19A.49. (SDE-EIA: School Building Aid Funds Expenditure) Funds appropriated in Part IA, Section 19F. of this Act 36 or in a previous Appropriation Act for school building aid may be expended by the school district without application to 37 the State Department of Education or approval from the State Board of Education. The Department of Education shall 38 require that school districts include in their annual audit a verification of compliance with all applicable State laws associated
H63 - SECTION 19A - EDUCATION-EIA, DEPARTMENT OF PAGE 475 1 with the use of these funds. 2 19A.50. (SDE-EIA: XD-Administrator Evaluation) DELETED 3 19A.51. (SDE-EIA: XB-Academic Assistance/Full Day Kindergarten) DELETED 4 19A.52. (SDE-EIA: XA-Superior Academic Achievement Diploma Program) DELETED 5 19A.53. (SDE-EIA: XA-Raise Academic Standards/Archives & History Transfer) DELETED 6 19A.54. (SDE-EIA: XC-Teacher Loan Program/Critical Needs) DELETED 7 19A.55. (SDE-EIA: XC-National Board Certification Incentive) The funds appropriated in 19XC for National Board 8 Certification Incentive shall be used for reimbursement of the certification fee and a one time bonus to those teachers who 9 successfully complete the certification process. Teachers who have become certified by the National Board for Professional 10 Teaching Standards prior to June 30, 1998, and under contract to teach in South Carolina through 1998-99, are eligible 11 to receive the one-time bonus. 12 19A.56. (SDE-EIA: X-Defined Minimum Program Personnel Requirements) DELETED 13 19A.57. (SDE-EIA: SC-National Science Foundation Grants) The funds appropriated in Part IA, Section 19X.C. for 14 National Science Foundation Grants matching funds shall be used for matching funds for those math and science hubs 15 which coordinate training in math and science with programs such as Tech Prep Consortia using applied learning 16 techniques and which assist teachers in using computers in the classroom. 17 19A.58. (SDE-EIA: Professional Development Review) The EIA Select Committee shall review professional development 18 programs at the State and school district level to develop recommendations on ways State and local funds can be most 19 effectively and efficiently used to enhance the continuing professional development of teachers and other school personnel. 20 The study must look at professional development projects among schools, districts, and projects. Where appropriate, the 21 study should include a review of "best practices" and professional development support for district and school strategic 22 plans. The Select Committee must make a preliminary report to the General Assembly by December 1, 1997 and a final 23 report by June 30,1998. 24 19A.59. (SDE-EIA: School Building Aid) Of the funds appropriated in Part IA, Section X.F. for School Building Aid, 25 $250,000 shall be allocated on a per pupil basis to the local school boards which do not have an index of taxpaying ability. 26 This does not include county boards of education. 27 28 H67 - SECTION 20 - EDUCATIONAL TELEVISION COMMISSION 29 30 20.1. (ETV: Grants/Contributions Carry Forward) The Educational Television Commission shall be permitted to carry 31 forward any funds derived from grant awards or designated contributions and any state funds necessary to match such funds, 32 provided that these funds be expended for the programs which they were originally designated. 33 20.2. (ETV: School Reception Equipment Purchase) Of the funds appropriated to ETV for transmission and reception 34 equipment School Services, $182,933 $183,000 must be used exclusively to purchase for school reception equipment 35 supplies and maintenance. 36 20.3. (ETV: New Facility Equipment Purchases & Renovations) Notwithstanding any other provisions of law, the 37 Commission, with approval by the Budget and Control Board, is allowed to sell or lease its facilities, equipment, programs, 38 publications, and other program related materials, and funds received therefrom may be used for equipment purchases and
H67 - SECTION 20 - EDUCATIONAL TELEVISION COMMISSION PAGE 476 1 renovations of the new facility. 2 20.4. (ETV: Adjacent Property Construction/Renovation) The funds authorized for the Educational Television 3 Commission in sub-subitem (b) of subitem (15), Section 1, of Act 638 of 1988, may also be used for the construction and 4 renovation of properties adjacent to the state owned State-Record property. These funds must not be spent on facilities 5 located on the adjacent properties until they are owned by the Education Television Endowment of South Carolina and until 6 the State has an option to acquire these properties from the Endowment for $1.00. 7 20.5. (ETV: Digital Satellite) The state's digital satellite video transmission system will support public and higher 8 education, enhance the statewide delivery of health care services, improve public service, and assist state agencies with 9 statewide personnel training. To facilitate the achievement of these objectives, there is created a Video Resources Oversight 10 Council composed of representatives of the South Carolina Educational Television Commission, the State Department of 11 Education, the Commission on Higher Education, the Human Services Coordinating Council, and the Budget and Control 12 Board's Division of Budget and Analyses, Office of Information Technology Policy and Management. 13 14 H71 - SECTION 21 - WIL LOU GRAY OPPORTUNITY SCHOOL 15 16 21.1. (WLG: Truants) The Opportunity School will incorporate into its program services for students, ages 15 and 17 over, who are deemed truant; and will cooperate with the Department of Juvenile Justice, the Family Courts, and School 18 districts to encourage the removal of truant students to the Opportunity School when such students can be served 19 appropriately by the Opportunity School's program. 20 21.2. (WLG: Opportunity School Holiday) The Opportunity School may reschedule holidays observed by other State 21 employees during the academic year and require its employees to take the holiday periods designated in the school calendar. 22 All days taken during these holiday periods not covered by a legal holiday must be charged to leave with or without pay. 23 The use of leave during such holiday periods will not be included in calculation of daily rate compensation. 24 21.3. (WLG: GED Test) Students attending school at the Wil Lou Gray Opportunity School that are 16 years of age 25 and are unable to remain enrolled due to the necessity of immediate employment or enrollment in post secondary education 26 may be eligible to take the General Education Development (GED) Test. Prior to taking the GED the student must be 27 pretested using the official General Education Development Practice Test and score a minimum of 220. 28 21.4. (WLG: Deferred Salaries Carry Forward) Wil Lou Gray is authorized to carry forward into the current fiscal year 29 the amount of the deferred salaries and employer contributions earned in the prior fiscal year for non-twelve month 30 employees. These deferred funds are not to be included or part of any other authorized carry forward amount. 31 21.5. (WLG: Improved Forestry Practices) The Trustees of the Wil Lou Gray Opportunity School may carry out 32 improved forestry practices on the timber holdings of the school property and apply the revenues derived from them and 33 any other revenue source on the property for the further improvement and development of the school forest and other school 34 purposes. 35 36 H73 - SECTION 22 -VOCATIONAL REHABILITATION 37 38 22.1. (VR: Production Contracts Revenue) All revenues derived from production contracts earned by the handicapped
H73 - SECTION 22 - VOCATIONAL REHABILITATION PAGE 477 1 trainees of the Evaluation and Training Facilities (Workshops) may be retained by the State Agency of Vocational 2 Rehabilitation and used in the facilities for Client Wages and any other production costs; and further, any excess funds 3 derived from these production contracts be used for other operating expenses and/or permanent improvements of these 4 facilities. 5 22.2. (VR: Reallotment Funds) To maximize utilization of federal funding and prevent the loss of such funding to other 6 states in the Basic Service Program, the State Agency of Vocational Rehabilitation be allowed to budget reallotment and 7 other funds received in excess of original projections in following State fiscal years. 8 22.3. (VR: Basic Support Program Reconciliation) The General Assembly hereby directs the Department of Vocational 9 Rehabilitation to complete a reconciliation of the cost to operate the Basic Support program related to the combination of 10 State and Federal funds available following the close of each Federal fiscal year. Such reconciliation shall begin with the 11 Federal fiscal year ending September 30, 1989. Federal funds participation for that period shall be applied at the maximum 12 allowable percentage and the level of those funds on hand which have resulted from the over participation of State funds 13 shall be remitted to the General Fund within 120 days following the close of the Federal fiscal year. This reconciliation and 14 subsequent remission to the General Fund shall be reviewed by the State Auditor to ensure that appropriate Federal/State 15 percentages are applied. It is the intent of the General Assembly that Federal/State percentages budgeted and appropriated 16 shall in no way be construed as authorization for the Department to retain the Federal funds involved. 17 22.4. (VR: User/Service Fees) Any revenues generated from user fees or service fees charged to the general public 18 or other parties ineligible for the Department's services may be retained to offset costs associated with the related activities 19 so as to not affect the level of service for regular agency clients. 20 22.5. (VR: Meal Ticket Revenue) All revenues generated from sale of meal tickets may be retained by the agency and 21 expended for supplies to operate the agency's food service programs or cafeteria. 22 22.6. (VR: Technology Assistance for Disabled) The Department shall convene a committee of interested parties and 23 agencies to develop a plan and recommendations for the establishment of a program for assistive technology assistance for 24 members of the public with disabilities. The report shall be submitted to the General Assembly and the Governor by 25 December 1997. 26 27 H75 -SECTION 23 - DEAF AND THE BLIND, SCHOOL FOR THE 28 29 23.1. (SDB: Physician Services) The School for the Deaf and the Blind is authorized to contract for the services of 30 a physician and to provide office space for the physician to be used to treat both students of the school and private patients; 31 the School shall charge the physician a fair market rental value for the office space. 32 23.2. (SDB: Student Activity Fee) The School for the Deaf and the Blind is authorized to charge to the parents of 33 students at the school a student activity fee, differentiated according to the income of the family. The required student 34 activity fee shall not exceed $40.00. Such revenue may be retained and carried forward into the current fiscal year and 35 expended for the purpose of covering expenses for student activities. 36 23.3. (SDB: Weighted Student Cost) The School for the Deaf and the Blind shall receive through the Education 37 Finance Act the average State share of the required weighted student cost for each student newly admitted into the multi- 38 handicapped school with the recommendation of the local school district. The estimated State share shall come directly from
H75 - SECTION 23 - DEAF AND THE BLIND, SCHOOL FOR THE PAGE 478 1 the State Board of Education at the beginning of the fiscal year to be adjusted at the end of the fiscal year. This shall include 2 any students admitted into the Reeducation program for emotionally handicapped students. 3 23.4. (SDB: Admissions) Deaf, blind, multi-handicapped and other handicapped students identified by the Board of 4 Commissioners as target groups for admission to the South Carolina School for the Deaf and the Blind may be admitted by 5 the School either through direct application by parents or on referral from the local school district. The Board of 6 Commissioners shall define the appropriate admissions criteria including mental capacity, degree of disability, functioning 7 level, age, and other factors deemed necessary by the Board. All placement hearings for admission to the South Carolina 8 School for the Deaf and the Blind shall be organized by the School. The South Carolina School for the Deaf and the Blind 9 shall obtain information from the local school district concerning the needs of the student and shall prepare an Individualized 10 Education Plan for each student admitted. All parents applying for admission of their children must sign a statement 11 certifying that they feel the South Carolina School for the Deaf and the Blind is the most appropriate placement which 12 constitutes the least restrictive environment for the individual student, based upon needs identified in the placement meeting 13 and the Individualized Education Plan. The decision concerning placement and least restrictive environment shall be 14 reviewed annually at the IEP Conference. 15 23.5. (SDB: Adult Vocational Program Fees) The School for the Deaf and the Blind is authorized to charge appropriate 16 tuition, room and board, and other fees to students accepted into the Adult Vocational Program after July 1, 1986. Such fees 17 will be determined by the School Board of Commissioners, and such revenue shall be retained and carried forward into the 18 current fiscal year and expended by the School for the purpose of covering expenses in the Adult Vocational Program. 19 23.6. (SDB: Mobility Instructor Service Fee) The School for the Deaf and the Blind is authorized to charge a fee for 20 the services of a mobility instructor to provide service on a contractual basis to various school districts in the state, and such 21 revenue shall be retained and carried forward into the current fiscal year and expended by the School for the purpose of 22 covering expenses in the Blind School. 23 23.7. (SDB: Cafeteria Revenues) All revenues generated from cafeteria operations may be retained and expended by 24 the institution for the purpose of covering actual expenses in cafeteria operations. 25 23.8. (SDB: School Buses) The school buses of the South Carolina School for the Deaf and the Blind are authorized 26 to travel at speeds up to 55 miles per hour, not to exceed posted limit. No funds appropriated herein for equipment shall 27 be used for the purchase of governors for school buses of the South Carolina School for the Deaf and the Blind. 28 23.9. (SDB: USDA Federal Grants) All revenues generated from U.S.D.A. federal grants may be retained and 29 expended by the SCSDB in accordance with Federal regulations for the purpose of covering actual expenses in the 30 cafeteria/food service operations of the school. 31 23.10. (SDB: By-Products Revenue Carry Forward) The School for the Deaf and the Blind is authorized to sell goods 32 that are by-products of the school's programs and operations, charge user fees and fees for services to the general public: 33 individuals, organizations, agencies and school districts, and such revenue may be retained and carried forward into the 34 current fiscal year and expended for the purpose of covering expenses of the school's programs and operations. 35 23.11. (SDB: Pee Dee Resource Center for the Deaf and the Blind) From the funds provided herein, the School for the 36 Deaf and the Blind shall provide $100,000 for the establishment of a Pee Dee Resource Center for the Deaf and the Blind 37 in Conway, S.C.
PAGE 479 1 H79 - SECTION 24 - ARCHIVES AND HISTORY, DEPARTMENT OF 2 3 24.1. (AH: Publication Distribution) The Commission is authorized to supply one free copy of each new publication 4 to the libraries of all institutions of higher learning in the State, and to each member of the Commission and its Directors; 5 to the State Library; to each Public Library which is approved for a cash allotment by the South Carolina State Library. 6 24.2. (AH: Use of Proceeds) The proceeds of training sessions, sales of publications, reproductions of documents, 7 repair of documents, research fees, handling charges, and the proceeds of sales of National Register of Historic Places 8 certificates and plaques by the Archives Department shall be deposited in a special account in the State Treasury, and may 9 be used by this department to cover the cost of additional training sessions, publication, reproduction expenses, repair 10 expenses, and National Register of Historic Places certificates and plaques, and selected Historic Preservation Grants. 11 24.3. (AH: Nat'l. Historic Preservation Program) The funds earned from the United States Department of Interior by 12 the South Carolina Department of Archives and History for administering the National Historic Preservation Program in 13 this State, with the exception of the appropriate amount of indirect cost reimbursement to the General Fund, must be 14 deposited in a special account in the State Treasury, to be used by this department for a Historic Preservation Grants program 15 that will assist historic properties throughout South Carolina. From this fund, the Department may contribute a sum, not 16 to exceed $175,000 annually, to the South Carolina Archives and History Foundation to assist in activities designed to 17 support and enhance capital fund raising efforts. The Foundation will provide accounting for these funds at the end of each 18 fiscal year. Any funds donated to the Department by the Foundation will be deposited in the Historic Preservation Grants 19 Program account for use in funding other state historic preservation projects. 20 24.4. (AH: Disposal of Materials) Upon prior approval of the Commission, the agency may remove certain record and 21 non-record materials from its collections by gift to another public or nonprofit institution or by sale at public auction. This 22 is a supplemental form of disposition beyond that recognized in the Public Records Act for the retention, copying, and 23 destruction of public records; and it pertains only to those accessioned Archives materials having a market value and which 24 duplicate existing archival material, fall outside the scope of the Archives collection policy, or have no further possible 25 research value. All funds realized through sale by public auction shall be placed in a special account to be used for improved 26 access to and preservation of the state archives collections. The Commission shall report annually to the Budget and Control 27 Board regarding such dispositions. 28 24.5. (AH: Technical Assistance and Review Fees) The Department of Archives and History is authorized to charge 29 a fee of $35 for providing technical assistance in repairing and rehabilitating historically significant properties. The agency 30 may also charge fees based on the following fee schedule for investment tax credit reviews for historically significant 31 properties under the Federal Investment Tax Credit Program or other programs requiring review of compliance with federal 32 guidelines. 33 A fee of $250 is authorized for review of proposed or ongoing rehabilitation work for all projects. Fees for review of 34 completed rehabilitation work is based on the dollar amount spent on the rehabilitation as follows: 35 36 FEE SIZE OF REHABILITATION 37 38 $ 500 $ 5,000 to $ 99,999
H79 - SECTION 24 - ARCHIVES AND HISTORY, DEPARTMENT OF PAGE 480 1 $ 800 $ 100,000 to $499,999 2 $1,500 $ 500,000 to $999,999 3 $2,500 $1,000,000 or more 4 If a review of proposed or on-going rehabilitation work has been made prior to submission of the Request for 5 Certification of Completed Work, the Department will deduct the $250 from the total owed for review of completed 6 rehabilitation work. In general, each rehabilitation of a certified historic structure will be considered a separate project when 7 computing the amount of the fee. 8 Revenues from these fees will be retained, carried forward and used by this department for Historic Preservation 9 programs assisting historic properties throughout South Carolina. 10 Revenues received from application fees for reviewing and certifying the rehabilitation work on historic properties under 11 the review compliance program will be retained by the agency. 12 24.6. (AH: Funding to Maintain Archival Materials) Funds remaining from the $300,000 appropriated in FY 1993-94 13 will be deposited in a special account and carried forward to the next fiscal year. These funds will not be considered as part 14 of the 10% carry forward in General Fund appropriations. Funds will be expended for supplies, procedures, and equipment 15 designed to preserve the Archives collection. The Senate Finance and Ways and Means Committees shall be furnished a 16 report annually detailing such expenditures. 17 24.7. (AH: History Center Funding) Funds appropriated for the Department of Archives and History, History Center 18 must be used by the State Budget and Control Board and the South Carolina Department of Archives and History who are 19 directed to proceed expeditiously with the design and construction of a replacement facility for the Department of Archives 20 and History's current facility on Senate Street in Columbia. This shall include, but not be limited to, awarding a contract 21 to begin construction. To finance the project, state funding appropriated in this act or any other appropriation act shall be 22 expended in the order authorized funding becomes available for the History Center. Additional funding is to be provided 23 from other sources as may be determined by the General Assembly. If interim financing is necessary, the State Treasurer 24 may provide interim financing. Of the funds appropriated in this act and/or any other funds appropriated in any other 25 appropriation act for construction of the South Carolina History Center, $2,000,000 shall support the National Endowment 26 for the Humanities Challenge Grant (CH-20306), be used to match Endowment funds and be expended for the approved 27 purposes of this grant, specifically construction of the South Carolina History Center. 28 24.8. (AH: Historical Burial Ground) Of the funds appropriated in Part IA, Section 24, $100,000 may be expended 29 in FY 96-97 97-98 for historical burial ground preservation. Of these funds, $10,000 shall be used for the Historical Burial 30 Grounds in the City of Spartanburg. 31 32 H83 - SECTION 25 - CONFEDERATE RELIC ROOM AND MUSEUM 33 34 25.1. (CRR: Artifacts Disposition) No artifacts owned by the State in the collection and exhibits of the Confederate 35 Relic Room shall be permanently removed or disposed of except by a Concurrent Resolution of the General Assembly. 36 25.2. (CRR: Confederate Relic Room Location) Notwithstanding Act 313 of 1919 and Section 59-117-60, Code of 37 Laws of 1976, the War Memorial Building erected at the corner of Sumter and Pendleton Streets in the City of Columbia 38 shall continue to be used by the Confederate Relic Room and further utilization of the building shall be arranged between
H87 - SECTION 26 - LIBRARY, STATE PAGE 481 1 the University of South Carolina and the Director of the Confederate Relic Room the custody and control of the building 2 shall be forthwith transferred to the South Carolina Budget and Control Board. 3 25.3. (CRR: Research/Copy Fee) The Confederate Relic Room is authorized to collect, retain and expend fees from 4 research and photographic processing requests and from the sale of promotional items. 5 25.4. (CRR: Appointment of Director) The Director of the Confederate Relic Room shall be appointed, after 6 consultation with the South Carolina Division Commander of the Sons of the Confederate Veterans and the President of 7 the South Carolina Chapter of the United Daughters of the Confederacy, by the Executive Director of the South Carolina 8 Budget and Control Board and shall serve at his pleasure. 9 25.5. (CRR: Donations) The Confederate Relic Room is authorized to receive donations of funds and artifacts and 10 to expend these donations for the restoration, preservation and display of the collection to supplement state monies 11 appropriated for such purposes. 12 25.6. (CRR: Confederate Museum Relocation) It is the intent of the General Assembly that, as soon as space becomes 13 available, the Confederate Museum shall relocate to the Columbia Mills Building where it will be retained as a separate 14 and distinct facility, under the State Budget and Control Board. 15 16 H87 - SECTION 26 - LIBRARY, STATE 17 18 26.1. (LIB: Aid to Counties Libraries Allotment) The amount appropriated in this section for "Aid to County Libraries" 19 shall be allotted to each county on a per capita basis according to the official United States Census for 1990, as aid to the 20 County Library. No county shall be allocated less than $15,000 under this provision. To receive this aid, local library 21 support shall not be less than the amount actually expended for library operations from local sources in the second preceding 22 year. 23 26.2. (LIB: Exempt Across-the-Board Reduction) In the calculation of any across-the-board cut mandated by the 24 Budget and Control Board or General Assembly, the amount which the State Library pays to South Carolina Heritage 25 Associates for rent in the Mt. Vernon Mill shall be excluded from the State Library's base budget. 26 26.3. (LIB: Information Service Fees) The State Library may charge a fee for costs associated with information 27 delivery and retain such funds to offset the costs of maintaining, promoting and improving information delivery services. 28 26.4. (LIB: Continuing Education Fees) The State Library may charge a fee for costs associated with continuing 29 education and retain such funds to offset the costs of providing continuing education opportunities. 30 26.5. (LIB: (Aid To County Libraries Restrictions) DELETED 31 32 H91 - SECTION 27 - ARTS COMMISSION 33 34 27.1. (ARTS: Professional Artists Contract) Where practicable, all professional artists employed by the Arts 35 Commission in the fields of music, theater, dance, literature, musical arts, craft, media arts and environmental arts shall be 36 hired on a contractual basis as independent contractors. Where such a contractual arrangement is not feasible employees 37 in these fields may be unclassified, however, the approval of their salaries shall be in accord with the provisions of Section 38 72.19 of this Act.
H91 - SECTION 27 - ARTS COMMISSION PAGE 482 1 27.2. (ARTS: Special Revolving Account) Any income derived from Arts Commission sponsored arts events or by 2 gift, contributions, or bequest now in possession of the Arts Commission including any federal or other funds balance 3 remaining at the end of the prior fiscal year, shall be retained by the Commission and placed in a special revolving account 4 for the Commission to use solely for the purpose of supporting the programs provided herein. Any such funds shall be 5 subject to the review procedures as set forth in Act 651 of 1978. 6 27.3. (ARTS: Grant Funds Equitable Disbursement) The Commission shall make every effort to disburse state and 7 federal grant funds to counties in the most equitable manner possible. Counties that have demonstrated initiative in seeking 8 support and developing arts programs are to be given consideration when funds are disbursed. 9 27.4. (ARTS: Partial Indirect Cost Waiver) The Commission is allowed to apply a 15% indirect cost rate for continuing 10 federal grants for which they must compete. The Commission shall apply the full approved negotiated rate to the Basic State 11 Grant and any new grants received by the Commission. 12 13 H95 - SECTION 28 - MUSEUM COMMISSION, STATE 14 15 28.1. (MUSM: Duplicate Materials) The Commission may give (away) natural history materials in its possession for 16 educational purposes, such materials being less than museum quality or duplicative of materials owned by the Museum 17 Commission. 18 28.2. (MUSM: Removal From Collections) The Commission may remove objects from its museum collections by gift 19 to another public or nonprofit institution, by trade with another public or nonprofit institution, by public sale, by transfer 20 to the Commission's education, exhibit, or study collections or to its operating property inventory; or as a last resort, by 21 intentional destruction on the condition that the objects so removed meet with one or more of the following criteria: (1) they 22 fall outside the scope of the S. C. Museum Commission's collections as defined in the Collection Policy dated January 20, 23 1993, (2) they are unsuitable for exhibition or research, (3) they are inferior duplicates of other objects in the collection, or 24 (4) they are forgeries or were acquired on the basis of false information; funds from the sale of such objects will be placed 25 in a special revolving account for the Commission to use solely for the purpose of purchasing objects for the collections of 26 the State Museum. 27 28.3. (MUSM: Museum Store) The Museum Commission shall establish and administer a museum store in the State 28 Museum. This store may produce, acquire, and sell merchandise relating to historical, scientific, and cultural sources. All 29 profits received from the sale of such merchandise shall be retained by the Museum Commission in a restricted fund to be 30 carried forward into the following fiscal year. These funds may be used for store operations, publications, acquisitions, 31 educational programs, exhibit production and general operating expenses provided that the expenditures for such expenses 32 are approved by the General Assembly in the annual Appropriation Act. 33 28.4. (MUSM: Traveling Exhibits Fees) The Museum Commission may rent or sell exhibits and exhibit components 34 and the Commission may retain such funds and use them to offset the cost of developing, maintaining, promoting, and 35 improving the changing exhibit program and to support general operations, provided that the expenditures for such expenses 36 are approved by the General Assembly in the annual Appropriation Act. Any unexpended revenue from these sources may 37 be carried forward into the current fiscal year to be expended for the same purposes. 38 28.5. (MUSM: Retention of Revenue) The Museum Commission may retain revenue received from admissions,
H95 - SECTION 28 - MUSEUM COMMISSION, STATE PAGE 483 1 program fees, facility rentals, professional services, donations and other miscellaneous operating income and may expend 2 such revenue for general operating expenses provided that such expenditures are approved by the General Assembly in the 3 annual appropriations act. Any unexpended revenue from these sources may be carried forward into the current fiscal year 4 to be expended for the same purposes. 5 28.6. (MUSM: Across-the-Board Cut Exemption) In the calculation of any across-the-board cut mandated by the 6 Budget and Control Board or General Assembly, the amount which the Commission pays to the South Carolina Heritage 7 Associates for rent of the Museum's rent shall be excluded from the Museum's base budget. 8 28.7. (MUSM: School Tour Fee Prohibition) The Commission may not charge admission fees to groups of children 9 from South Carolina who have made reservations that are touring the museum as part of a school function. 10 11 J02 - SECTION 29 - HEALTH AND HUMAN SERVICES, DEPARTMENT OF 12 13 29.1. (DHHS: Recoupment/Restricted Fund) The Department of Health and Human Services shall recoup all refunds 14 and identified program overpayments and all such overpayments shall be recouped in accordance with established collection 15 policy. Further, the Department of Health and Human Services is authorized to maintain a restricted fund, on deposit with 16 the State Treasurer, to be used to pay for Medicaid and Social Services Block Grant Federal liabilities and improvements 17 related to enhancing accountability for future audits. The restricted fund will derive from prior year program refunds. The 18 restricted fund shall not exceed one-half of one percent of the Medicaid and Social Services Block Grant total appropriation 19 authorization for the current year. Amounts in excess of one-half of one percent will be remitted to the General Fund. 20 29.2. (DHHS: Long Term Care Facility Reimbursement Rate) The Department, in calculating a reimbursement rate 21 for long term care facility providers, shall obtain for each contract period an inflation factor, developed by the Budget and 22 Control Board, Division of Budget and Analyses. Data obtained from Medicaid cost reporting records applicable to long 23 term care providers will be supplied to the Budget and Control Board, Division of Budget and Analyses. A composite index, 24 developed by the Budget and Control Board, Division of Budget and Analyses will be used to reflect the respective costs 25 of the components of the Medicaid program expenditures in computing the maximum inflation factor to be used in long term 26 care contractual arrangements involving reimbursement of providers. The Division of Budget and Analyses of the Budget 27 and Control Board shall update the composite index so as to have the index available for each contract renewal. 28 The Department may apply the inflation factor in calculating the reimbursement rate for the new contract period from 29 zero percent (0%) up to the inflation factor developed by the Division of Budget and Analyses. 30 29.3. (DHHS: Medical Assistance Audit Program Remittance) The Department of Health and Human Services shall 31 remit to the General Fund an amount representing fifty percent (allowable Federal Financial Participation) of the cost of the 32 Medical Assistance Audit Program as established in the State Auditor's Office of the Budget and Control Board Section 17D. 33 Such amount shall also include appropriated salary adjustments and employer contributions allocable to the Medical 34 Assistance Audit Program. Such remittance to the General Fund shall be made monthly and based on invoices as provided 35 by the State Auditor's Office of the Budget and Control Board. 36 29.4. (DHHS: Medicaid Income Limitation) The income limitation for the Medicaid Program shall continue to be three 37 hundred percent of the SSI single payment maximum. 38 29.5. (DHHS: Third Party Liability Collection) The Department of Health and Human Services is allowed to fund the
J02 - SECTION 29 - HEALTH AND HUMAN SERVICES, DEPARTMENT OF PAGE 484 1 net costs of contracting for any Special Third Party Liability and Drug Rebate collection efforts from the monies collected 2 in that effort. 3 29.6. (DHHS: Services Integration Efforts) The funds appropriated in II D shall be utilized for services integration 4 efforts. 5 29.7. (DHHS: Medicaid State Plan) Where the Medicaid State Plan is altered to cover services that previously were 6 provided by 100% state funds, the Department can bill other agencies for the state share of services provided through 7 Medicaid. The Department will keep a record of all services affected and submit periodic reports to the Senate Finance and 8 House Ways and Means Committees. 9 29.8. (DHHS: Medically Indigent Assistance Fund) The Department is authorized to expend disproportionate share 10 funds to all eligible hospitals with the condition that all audit exceptions through the receipt and expenditures of these funds 11 are the liability of the hospital receiving the funds. To the extent that any disproportionate share funds authorized under 12 this section exceed a specific hospital's cost, such funds must be spent on health care services by a governmental entity. 13 These funds must be used to reimburse the hospital for expenses in providing uncompensated indigent care. 14 29.9. (DHHS: Admin. Days/Swing Beds Reduction Prohibition) Funds appropriated herein for hospital administrative 15 days and swing beds shall not be reduced in the event the agency cuts programs and the services they provide. 16 29.10. (DHHS: Nursing Home Sanctions) The Department of Health and Human Services is authorized to establish an 17 interest bearing Restricted Fund with the State Treasurer, to deposit fines collected as a result of nursing home sanctions. 18 The Department may use these funds to protect the life, health, and property of patients in nursing homes, including payment 19 for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of 20 deficiencies or closure. 21 29.11. (DHHS: Reimbursement Formula Changes) To the extent the Department can increase Medicaid federal 22 matching funds through changes in reimbursement formulas for other state providers, the Department, with the permission 23 of the state providers, is authorized to retain these funds in an earmarked account on deposit with the State Treasurer and 24 use these funds to cover unanticipated increases in Medicaid health and human services expenditures. The Department 25 should not hold any other state provider liable for disallowances resulting from these changes. Any funds realized as a result 26 of this proviso shall be reported as part of the following year budget process. 27 29.12. (DHHS: Managed Care) The Insurance Law of South Carolina and the regulations promulgated thereunder shall 28 not apply to partially capitated, primary care providers, insofar as such groups or individuals are defined by and agree to 29 provide health care services under South Carolina's Medicaid Managed Care Program. 30 29.13. (DHHS: Health Benefit Plan Demonstration Project) The Health Benefit Plan Demonstration Project is exempt 31 from the provisions of Title 38 of the 1976 Code and regulations promulgated by the Chief Insurance Commissioner. 32 29.14. (DHHS: Child Care and Development Block Grant) The Department of Health and Human Services (DHHS) 33 shall use the funds appropriated to provide matching funds for the new Child Care and Development Block Grant. DHHS, 34 in coordination with the Department of Social Services, shall use these child care funds to support the state's welfare reform 35 program (Family Independence Act of 1995) and to provide temporary child care services to other low income working 36 families. 37 29.15. (DHHS: Residential Care Optional Supplement) From the appropriation made herein for General Assistance, 38 the Department will supplement the income of individuals who reside in those licensed residential care facilities that have
J02 - SECTION 29 - HEALTH AND HUMAN SERVICES, DEPARTMENT OF PAGE 485 1 an approved Optional Supplement Request with the Department. Individuals who reside in those residential care facilities 2 with approved Optional Supplement Requests must also qualify as aged, blind or disabled under the definitions of Public 3 Law 92-603, U.S. Code, or who would qualify except for income limitations or residence in a residential care facility 4 reclassified as a public institution by the Social Security Administration. For the period of the current fiscal year, the 5 Department will, based on availability of funds, supplement the income of the above defined group up to a maximum of 6 $795.00 per/month and the residential care facilities are authorized to charge a fee of $762.00 per/month for the defined 7 group. Each individual in the defined group is allowed a $33.00 per/month personal needs allowance. The Department 8 will issue the recipient an Optional Supplement check in an amount that will permit the recipient to comply with the above 9 payments; however, if the federal government grants a cost of living increase to Social Security and Supplemental Security 10 Income recipients, the maximum amount that the facility is permitted to charge is $762.00. The Department shall establish 11 the maximum number of Optional Supplement Requests that can be funded and will develop a waiting list based on present 12 and future applications received from each county. Each facility that participates in the Optional Supplement Program must 13 submit a notarized operating cost report. The cost information will include all income and operating costs for the facility. 14 The Department will develop a time schedule for reports to be submitted. Facilities failing to submit costs information and 15 adhere to the time schedule will not be eligible to serve Optional Supplement residents. Information received by the 16 Department will be consolidated and submitted to the Senate Finance Committee and the Ways and Means Committee. The 17 Department shall explore any options for maximizing state matching dollars in the provision of services to residents of 18 licensed community residential care facilities and options for reviewing the quality and adequacy of care and report to the 19 Senate Finance Committee, the Ways and Means Committee and the Governor's Office no later than January 15, 1998. 20 All services rendered to a Residential Care Facility resident must be in compliance with state health licensing laws and 21 regulations. 22 29.16. (DHHS: Family Planning) Of the funds appropriated for Family Planning, $156,000 shall be used for long term 23 contraceptives and matched with Federal funds to the fullest extent possible. 24 29.17. (DHHS: Medical Home for Clients) The Department of Health and Human Services (DHHS) shall establish a 25 program to encourage physicians to establish a "medical home" for Medicaid clients. This program is intended to provide 26 continuity of care for Medicaid clients, increase access to primary care services for Medicaid clients and ensure increased 27 and continued participation in the Medicaid program by physicians who render primary care services. The DHHS shall 28 have the responsibility to define a "medical home" and have signed agreements with physicians willing to meet the 29 requirements of providing a "medical home." Physicians signing agreements to become medical homes for Medicaid will 30 receive enhanced reimbursement to be defined by DHHS. Federally Qualified Health Centers (FQHCs) and Rural Health 31 Centers (RHCs) must meet the requirements set forth for a "medical home" in order to continue to receive cost based 32 reimbursement from DHHS. 33 29.18. (DHHS: Nursing Services) In the delivery of services in the Medicaid program, LPN's are authorized to provide 34 services in home or residential settings without on-site supervision by an RN provided the RN has approved the plan of care. 35 RN's are authorized to approve a plan of care which provides for LPN's to provide services in a home or residential setting 36 without direct on-site supervision.
PAGE 486 1 J04 - SECTION 30 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF 2 3 30.1. (DHEC: County Health Departments Funding) Out of the appropriation provided in this section for "Public 4 Health Districts", the sum of $25,000 shall be distributed to the county health departments by the Commissioner, with the 5 approval of the Board of Department of Health and Environmental Control, for the following purposes: 6 1. To insure the provision of a reasonably adequate public health program in each county. 7 2. To provide funds to combat special health problems that may exist in certain counties. 8 3. To establish and maintain demonstration projects in improved public health methods in one or more counties in 9 the promotion of better public health service throughout the State. 10 4. To encourage and promote local participation in financial support of the county health departments. 11 5. To meet emergency situations which may arise in local areas. 12 6. To fit funds available to amounts budgeted when small differences occur. 13 The provisions of this proviso shall not supersede or suspend the provisions of Section 13-7-30 of the 1976 Code. 14 30.2. (DHEC: County Special Projects) Counties may continue to fund special projects in conjunction with the County 15 Health Departments. Salaries for county special project employees, including merit increases and fringe benefits, shall be 16 totally funded by the county(s) involved. County special project employees shall not be under the state merit system or state 17 compensation plan and they shall receive their compensation directly from the county(s). 18 30.3. (DHEC: County Health Units) Federal funds made available to the Department of Health and Environmental 19 Control for the allocation to the counties of the State for operation of county health units be allotted on a basis approved 20 by the Board of the Department of Health and Environmental Control and the amount of State funds appropriated herein 21 for "Public Health Districts", except for salary increases, shall be allocated on a basis such that no county budget shall 22 receive less than the amount received in the prior fiscal year. 23 30.4. (DHEC: Camp Burnt Gin) Private donations or contributions for capital improvements at Camp Burnt Gin shall 24 be deposited in a restricted account and carried forward until sufficient amounts are available for such improvements. Any 25 expenditures from the account must first be approved by the Budget and Control Board and the Joint Bond Review 26 Committee. 27 30.5. (DHEC: Children's Rehabilitative Services) The Children's Rehabilitative Services shall be required to utilize 28 any available financial resources including insurance benefits and/or governmental assistance programs, to which the child 29 may otherwise be entitled in providing and/or arranging for medical care and related services to physically handicapped 30 children eligible for such services, as a prerequisite to the child receiving such services. 31 30.6. (DHEC: Cancer/Hemophilia) Notwithstanding any other provisions of this act, the funds appropriated herein 32 for cancer treatment services $1,168,409 and the hemophilia assistance program, $66,477 shall not be transferred to other 33 programs within the agency and when instructed by the Budget and Control Board or the General Assembly to reduce funds 34 within the department by a certain percentage, the Department may not act unilaterally to reduce the funds for any cancer 35 treatment program and hemophilia assistance program provided for herein greater than such stipulated percentage. 36 30.7. (DHEC: Speech & Hearing) The Department of Health and Environmental Control shall utilize so much of the 37 funds appropriated in this section as may be necessary to continue the Speech and Hearing programs. 38 30.8. (DHEC: Local Health Departments) As of July 1, 1981, the counties of the state will be relieved of contribution
J04 - SECTION 30 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 487 1 requirements for salary, fringe benefits and travel reimbursement to local health departments. The amount of $5,430,697 2 is appropriated for county health department salaries, fringe benefits and travel. These funds and other state funds 3 appropriated for county health units may, based upon need, be utilized in either salary or travel categories. Each county shall 4 provide all other operating expenses of the local health department in an amount at least equal to that appropriated for 5 operations for each county in Fiscal Year 1981. In the event any county makes uniform reductions in appropriations to all 6 agencies or departments for maintenance and operations, exclusive of salaries and fringe benefits, a like reduction shall be 7 made in funds appropriated for the operating expenses of the local health department. 8 30.9. (DHEC: Insurance Refunds) The Department of Health and Environmental Control is authorized to budget and 9 expend monies resulting from insurance refunds for prior year operations for case services in the following programs: Health 10 Promotion, Preventive Health Services, and Maternal and Child Care. 11 30.10. (DHEC: Emergency Medical Services) Funds appropriated herein for Emergency Medical Services, shall be 12 allocated to the Counties for the purpose of improving or upgrading the system, and shall be allocated to the EMS-Regional 13 Councils for administration of training programs and technical assistance to the local EMS units and the funds shall be 14 allocated by a ratio of 45 percent to the counties and 55 percent to the EMS Regional Councils. The Department of Health 15 and Environmental Control shall develop guidelines and administer the system to make allocations within each region based 16 on demonstrated need and local match. The $1 million increase provided herein shall not require local match and local 17 match shall not be a factor in determining the allocation. The $1 million increase shall be allocated by a ratio of 81 percent 18 to counties, 12 percent to EMS Regional Councils and 7 percent to the state EMS office. Funds appropriated $1,955,195 19 to Emergency Medical Services shall not be transferred to other programs within the Department's budget. In addition, when 20 instructed by the Budget and Control Board or the General Assembly to reduce funds by a certain percentage, the 21 Department may not reduce the funds appropriated for EMS Regional Councils or Aid to Counties greater than such 22 stipulated percentage. 23 30.11. (DHEC: Rape Crisis Centers) Of the amounts appropriated in Primary Care-Case Services, $651,107 shall be 24 used for rape crisis centers around the state. Distribution of funds shall be based on DHEC Rape Crisis services standards 25 and expenditures monitored by DHEC. 26 30.12. (DHEC: Sickle Cell Blood Sample Analysis) $16,000 is appropriated in Maternal and Child Care for the Sickle 27 Cell Program for Blood Sample Analysis and shall be used by the Department to analyze blood samples submitted by the 28 four existing regional programs - Region I, Barksdale Sickle Cell Anemia Foundation in Spartanburg; Region II, Clark 29 Sickle Cell Anemia Foundation in Columbia; Region III, Committee on Better Racial Assurance Hemoglobinopathy 30 Program in Charleston; and the Orangeburg Area Sickle Cell Anemia Foundation. 31 30.13. (DHEC: Sickle Cell Programs) $475,000 is appropriated for Sickle Cell program services, 47% is to be 32 designated for the Community Based and Newborn Screening Programs (Sickle Cell) and shall be apportioned as follows: 33 (1) 48% is to be divided equally between the existing Community Based Sickle Cell Programs located in Spartanburg 34 and Columbia; and 35 (2) 52% is for the Community Based Sickle Cell Program in Charleston. 36 The funds shall be used for providing prevention programs, educational programs, testing, counseling and newborn 37 screening. The balance of the total appropriation must be used for Sickle Cell Services operated by Children's Rehabilitative 38 Services of DHEC. The funds appropriated to the community based sickle cell centers shall be reduced to reflect any percent
J04 - SECTION 30 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 488 1 reduction assigned to the Department of Health and Environmental Control by the Budget and Control Board; provided, 2 however, that the Department may not act unilaterally to reduce the funds for the Sickle Cell program greater than such 3 stipulated percentage. The Department shall not be required to undertake any treatment, medical management or health care 4 follow-up for any person with sickle cell disease identified through any neonatal testing program, beyond the level of 5 services supported by funds now or subsequently appropriated for such services. No funds appropriated for ongoing or 6 newly established sickle cell services may be diverted to other budget categories within the DHEC budget. 7 30.14. (DHEC: Genetic Services) The sum of $222,390 appearing under the Maternal and Child Care Section of this 8 Act shall be appropriated to and administered by the Department of Health and Environmental Control for the purpose of 9 providing appropriate genetic services to medically needy and underserved persons. Such funds shall be used by the 10 Department to administer the program and to contract with appropriate providers of genetic services. Such services will 11 include genetic screening, laboratory testing, counseling, and other services as may be deemed beneficial by the Department, 12 and these funds shall be divided equally among the three Regional Genetic Centers of South Carolina, composed of units 13 from the Medical University of South Carolina, the University of South Carolina School of Medicine, and the Greenwood 14 Genetic Center. 15 30.15. (DHEC: Revenue Carry Forward Authorization) The Department of Health & Environmental Control is hereby 16 authorized to collect, expend and carry forward revenues in the following programs: Sale of Goods (confiscated goods, arm 17 patches, etc.), sale of meals at Camp Burnt Gin, sale of publications, brochures, photo copies and certificate forms, including 18 but not limited to, pet rabies vaccination certificate books, sale of listings and labels, sale of State Code and Supplements, 19 sale of films and slides, sale of maps, sale of items to be recycled, including used motor oil and batteries, etc., and collection 20 of registration fees for non-DHEC employees. 21 30.16. (DHEC: Pharmacist Permits) The Department of Health and Environmental Control shall be exempted from the 22 requirements of Section 40-43-370 of the 1976 Code of Laws, as amended, as it relates to the requirement that a pharmacist 23 employed by the Department may supervise no more than two adjacent districts. The Department of Health and 24 Environmental Control shall not be exempt from any other provisions of Section 40-43-370. 25 30.17. (DHEC: Safe Drinking Water Act) In order to comply with the provisions of the federal Safe Drinking Water 26 Act, the Department is authorized to collect a fee from each public water system. The fee must be based upon the number 27 of taps through which the system provides water to its customers The fees collected must be returned to the department for 28 the purposes of implementing the Safe Drinking Water Act Regulatory Program including engineering plan review, 29 compliance inspections, and enforcement; and for providing technical assistance and monitoring and laboratory analytical 30 services for the public water systems of the State. The fee shall be as follows: 31 32 COMMUNITY AND NON-TRANSIENT NON-COMMUNITY 33 WATER SYSTEMS 34 35 Fee = Program Administration Component + Distribution Monitoring Component + Source Monitoring Component 36 37 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 (# Taps 38 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
J04 - SECTION 30 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 489 1 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 2 x (# 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 3 100,000) + $0.09 x (# Taps Greater Than 100,000) 4 5 + $158 (Systems Serving Up To 100 Taps); Or, $450 (Systems Serving 101 To 1,000 Taps); Or, $2,250 (Systems 6 Serving 1,001 To 15,000 Taps); Or, $4500 (Systems Serving Greater Than 15,000 Taps) 7 8 + [($225 x (#GW Sources)) + ($450 x (#SW Sources))] [Up To 25 Taps]; Or, [($360 x (#GW Sources)) + ($720 9 x (#SW Sources))] [From 26 To 100 Taps]; Or, [($900 x (#GW Sources)) + ($1800 x (#SW Sources))] [Greater 10 Than 100 Taps]; Or, [Maximum $5,000] 11 12 SYSTEM SIZE PROGRAM ADMINISTRATION 13 (NUMBER OF TAPS) (BASE AMOUNT + RATE PER TAP) 14 BASE RATE PER TAP 15 16 1 To 10 $0 $10.80 First 10 Taps 17 11 To 25 $108 $7.20 Taps 11 To 25 18 26 To 50 $216 $5.76 Taps 26 To 50 19 51 To 100 $360 $4.32 Taps 51 To 100 20 101 To 500 $576 $2.88 Taps 101 To 500 21 501 To 1,000 $1,728 $2.16 Taps 501 To 1,000 22 1,001 To 5,000 $2,808 $1.44 Taps 1,001 To 5,000 23 5,001 To 10,000 $8,568 $1.08 Taps 5,001 To 10,000 24 10,001 To 15,000 $13,968 $0.68 Taps 10,001 To 15,000 25 15,001 To 25,000 $17,343 $0.36 Taps 15,001 To 25,000 26 25,001 To 50,000 $20,943 $0.23 Taps 25,001 To 50,000 27 50,001 To 100,000 $26,568 $0.14 Taps 50,001 To 100,000 28 100,000 And Above $33,318 $0.09 Over 100,000 29 30 SYSTEM SIZE DISTRIBUTING SOURCE MONITORING 31 (NUMBER OF TAPS) MONITORING (RATE PER SOURCE) 32 (FIXED RATE) GROUNDWATER SURFACE WATER 33 34 1 To 10 $ 158 $225 $ 450 35 11 To 25 $ 158 $225 $ 450 36 26 To 50 $ 158 $360 $ 720 37 51 To 100 $ 158 $360 $ 720 38 101 To 500 $ 450 $900 $1,800
J04 - SECTION 30 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 490 1 501 To 1,000 $ 450 $900 $1,800 2 1,001 To 5,000 $2,250 $900 $1,800 3 5,001 To 10,000 $2,250 $900 $1,800 4 10,001 To 15,000 $2,250 $900 $1,800 5 15,001 To 25,000 $4,500 $900 $1,800 6 25,001 To 50,000 $4,500 $900 $1,800 7 50,001 To 100,000 $4,500 $900 $1,800 8 100,001 And Above $4,500 $900 $1,800 9 10 OTHER PUBLIC WATER SYSTEMS 11 12 Transient Non-Community Systems: Fee = $225 13 Systems Serving More Than 1 Tap But Less 14 Than 15 Taps and Serving Less Than 25 People: Fee = $135 15 Systems Serving 1 Tap and Serving Less Than 16 25 People: Fee = $ 90 17 Vending Machines: Fee = $ 45 18 19 For the purposes of this fee schedule, tap is defined as a service connection, the point at which water is delivered to the 20 consumer (building, dwelling, commercial establishment, camping space, industry, etc.) from a distribution system, whether 21 metered or not and regardless of whether there is a user charge for consumption of the water. 22 The Department shall submit an annual report to the Senate Finance Committee, House Ways & Means Committee, South 23 Carolina Section American Water Works Association and the Municipal Association detailing activities funded from safe 24 drinking water fees. The report shall include the amount of fees collected from each waterworks and the listing of 25 expenditures from those fees. The expenditures shall be accompanied by a list of benefits the waterworks receive from the 26 State as a result of the fees. In providing monitoring and laboratory analytical services, DHEC will consider least cost 27 alternatives including contracting with private laboratories when appropriate. DHEC shall include all applicable direct and 28 indirect costs in developing cost comparisons with private laboratories. 29 Penalties: 30 All fees remaining unpaid thirty (30) days after billing will be issued a late notice with no penalty due, however, it will 31 contain advisement of penalty for non-payment after sixty (60) days. Fees remaining unpaid after sixty days will be assessed 32 a ten percent (10%) penalty. Fees remaining unpaid at the end of ninety (90) days will be assessed a twenty-five percent 33 (25%) penalty in addition to the sixty day penalty. The sum of both penalties may not exceed five thousand dollars. Persons 34 delinquent under this paragraph will be notified by the Department by certified mail at their last known address. 35 All returned checks will be subject to a returned check fee as outlined in the DHEC Administrative Policy and Procedures 36 Manual. This penalty will be in addition to those outlined above. 37 No monitoring will be conducted on systems with fees unpaid at the end of ninety (90) days. 38 30.18. (DHEC: Medicaid Nursing Home Bed Days) Pursuant to Section 44-7-84(A) of the 1976 Code, the maximum
J04 - SECTION 30 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 491 1 number of Medicaid patient days for which the Department of Health and Environmental Control is authorized to issue 2 Medicaid nursing home permits is 4,009,500 4,170,965. 3 30.19. (DHEC: Infectious Waste Health Inspectors) The Department of Health and Environmental Control shall assign 4 full-time health inspectors to serve at commercial incinerators which dispose of infectious waste for the purpose of assuring 5 the protection of the health and safety of the public by monitoring the receipt, handling and disposal of infectious waste at 6 these sites. The Department shall implement a fee of up to $5.00 per ton of infectious waste to cover the costs of 7 implementing this inspection program, not to exceed $150,000, to be collected quarterly from such inspected facilities to 8 be deposited in the General Fund. 9 30.20. (DHEC: Septic Tank & Retail Food Establishments Inspection Fees) The Department shall charge a septic tank 10 inspection fee of $60.00. This fee shall be paid prior to the evaluation of any site for which an application for a septic tank 11 permit has been made. The Department shall charge annual inspection fees for retail food establishments. Retail food 12 establishments obtaining a permit for the first time shall be charged an inspection fee of $60.00. These fees must be paid 13 prior to the issuance of a permit. After the first year, renewal inspection fees shall be based on gross sales of food and food 14 products for the facility's previous business year as follows: 15 16 Gross Sales Annual Fee 17 $299,999 or less $ 60.00 18 $300,000 to 2,999,999 $ 70.00 19 $3,000,000 or more $ 80.00 20 21 $99,999 or less $ 60.00 22 $100,000 to $299,999 $ 85.00 23 $300,000 to $999,999 $ 95.00 24 $1,000,000 or more $120.00 25 26 The Department shall revise the annual inspection fee schedule for food service establishments to provide for additional 27 breakdowns. 28 Annual renewal fees shall be due thirty (30) days from the billing date. A penalty charge of $30.00 for all facilities shall 29 be assessed for inspection fees that are past due. A second penalty shall be assessed for inspection fees sixty (60) days past 30 due. 31 Owners of retail food establishments shall furnish previous business year sales information on request of the Department. 32 The following retail food establishments shall be exempt from fee charges: 33 34 Retail food establishments that are operated by a public or private school (kindergarten through grade 12); or are operated 35 by a child care facility. 36 37 Retail food establishments operated by health care facilities that are regulated by the Department.
J04 - SECTION 30 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 492 1 Retail food establishments that are operated by other state agencies or local governments that provide food for patients, 2 clients or inmates. 3 4 Retail food establishments that are operated by non-profit organizations for the purpose of providing meals or food to 5 needy persons at little or no cost; or for the purpose of raising money for a charitable purpose. 6 7 An entity claiming an exemption from fee charges may be required to submit annually to the Department written evidence 8 that it meets one or more of the above criteria. 9 30.21. (DHEC: Vital Records Fees) The Department of Health and Environmental Control shall revise fees for Vital 10 Records. The following fee schedule shall be implemented effective July 1, 1991 and the revenue generated shall be retained 11 and expended by the agency to offset the cost of operations of the Vital Records System. 12 13 Records Search (includes one certification, if located) $ 8.00 $12.00 14 15 Additional similar certifications of the same 16 record ordered at the same time $ 3.00 17 18 Expedited service (additional to other required fees) $ 5.00 19 20 Index Verification for Government Agencies $ 2.00 21 22 Special Filing Fees (additional to research fee) 23 (1) Correction of certificate by affidavit $10.00 $15.00 24 (2) Amended certificate (adoption, legitimation, 25 court order, paternity acknowledgment) $10.00 $15.00 26 (3) Delayed Registration of Birth $10.00 $15.00 27 28 Fees collected at the county health departments for records searches, amendments of records, delayed birth registration 29 and additional copies of the same record requested at the same time shall be distributed as follows: 50% to the county health 30 department and 50% to Vital Records Central Office. Any fee increase above the state fiscal year 1997 fee structure shall 31 be returned to the Vital Records Central Office (Office of Public Health Statistics and Information Systems, Division of Vital 32 Records). 33 30.22. (DHEC: Health Licensing Fee) Funds resulting from an increase in the Health Licensing Fee Schedule shall be 34 retained by the Department to fund increased responsibilities of the health licensing programs. 35 30.23. (DHEC: Controlled Substances Registration Fees) Provided, that the fees assessed for registration under Title 36 44, Chapter 53, Article 3 of the amended Code (the Controlled Substances Act) and set forth under Paragraph 103 of R61-4 37 of the amended Code shall be increased as follows: 38 (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
J04 - SECTION 30 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 493 1 annum. 2 (2) The fees set in R61-4, Paragraph 103(b) at $75.00 per annum are increased to $275.00 per annum. 3 (3) The fees set in R61-4, Paragraph 103(f) at $360.00 per annum are increased to $600.00 per annum. 4 (4) The fees set in R61-4, Paragraph 103(g) at $240.00 per annum are increased to $500.00 per annum. 5 (5) The Department of Health and Environmental Control shall modify R61-4, Paragraph 103 to conform to the fees 6 set forth in this proviso. 7 (6) This proviso shall become effective for the 1992-1993 registration period and shall continue in force until modified 8 by revision of R61-4, Paragraph 103. 9 30.24. (DHEC: Medical & Dental Loan Program) Notwithstanding other provisions of law, unobligated funds in the 10 Medical & Dental Loan program may be expended for other health service programs. 11 30.25. (DHEC: Infectious Waste Contingency Fund) The Department of Health and Environmental Control is 12 authorized to use not more than $75,000 from the Infectious Waste Contingency Fund per year for personnel and operating 13 expenses to implement the Infectious Waste Act. 14 30.26. (DHEC: Nursing Home Medicaid Bed Day Permit) Beginning July 1, 1993, when transfer of a Medicaid patient 15 from a nursing home is necessary due to violations of state or federal law or medicaid certification requirements, the 16 medicaid patient day permit shall be transferred with the patient to the receiving nursing home. The receiving facility shall 17 apply to permanently retain the medicaid patient day permit within sixty days of receipt of the patient. 18 30.27. (DHEC: SC Mining Council) The amount appropriated in this section for "Mining and Reclamation", "Per Diem" 19 and "Travel" may be used for reimbursement of expenses and per diem for the South Carolina Mining Council. 20 30.28. (DHEC: Mineral Sets Revenue) The Department is authorized to charge a reasonable fee for mineral sets. Funds 21 generated from the sale of mineral sets may be retained by the Department in a revolving account with a maximum carry 22 forward of $2,000 and must be expended for mineral set supplies and related mining and reclamation educational products. 23 30.29. (DHEC: Spoil Easement Areas Revenue) The Department is authorized to collect, retain and expend funds 24 received from the sale of and/or third party use of spoil easement areas, for the purpose of meeting the State of South 25 Carolina's responsibility for providing adequate spoil easement areas for the Atlantic Intracoastal Waterway in South 26 Carolina. Any unexpended balance on June 30, of the prior fiscal year would be carried forward into the next fiscal year 27 and expended for the same purposes. 28 30.30. (DHEC: Performance Bond Forfeiture Revenue Carry Forward) The Department is authorized to retain and 29 expend revenue derived from forfeiture of performance bonds to cover the cost of restoring damaged critical areas. Any 30 unexpended balance on June 30, of the prior fiscal year would be carried forward into the next fiscal year and expended for 31 the same purposes. 32 30.31. (DHEC: Special Permits) Notwithstanding any other provisions of law or Rule and Regulation where the State 33 of South Carolina is exposed to compensation requirements of the Constitutions, the Department is hereby authorized to 34 issue special permits pursuant to Section 48-39-290(D) for habitable structures not to be larger than 5,000 square feet of 35 heated space. 36 30.32. (DHEC: Permit Application) Permit Application fees collected pursuant to Section 48-39-145 of the 1976 Code 37 must be retained by the department and used to establish the Coastal Resources Access Fund to be administered by the 38 Office of Ocean and Coastal Resource Management. The office shall make matching grants from the fund on a 50/50 basis
J04 - SECTION 30 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 494 1 to local governments in the South Carolina Coastal Zone for projects which enhance the public's use and enjoyment of 2 coastal resources. 3 30.33. (DHEC: Per Visit Rate Bureau of Home Health and Long Term Care) The SCDHEC is authorized to compensate 4 non-permanent, part-time employees on a fixed rate per visit basis. Compensation on a fixed rate per visit may be paid only 5 to Bureau of Home Health and Long Term Care employees for whom the Department receives per visit reimbursement from 6 other sources. These individuals will provide direct patient care in a home environment. The per visit rate may vary based 7 on the discipline providing the care and the geographical location of services rendered. Management may pay exempt or 8 non-exempt employees as defined by the Fair Labor Standards Act only when they are needed to work. Individuals 9 employed in this category may exceed twelve months, but are not eligible for State benefits except for the option of 10 contributing to the State Retirement System. 11 30.34. (DHEC: Grand Strand Beach Renourishment Match) Any funds appropriated by the state for the Grand Strand 12 Beach Renourishment Project cannot be expended until the U.S. Army Corps of Engineers certifies to the Department of 13 Health & Environmental Control that the federal funds and the required funds from local governments for construction of 14 the Grand Strand Beach Renourishment Project are available for expenditure. 15 30.35. (DHEC: Cardiac Care Services) Notwithstanding any other provision of law, any facility which: (1) obtained 16 a certificate of need for diagnostic cardiac catheterization before July 10, 1992; (2) filed to obtain a certificate of need for 17 open-heart surgical services before January 1, 1993; and (3) has a written open-heart surgery back-up agreement with a 18 facility that provides an open-heart surgery service located within a thirty-minute one-way drive may provide therapeutic 19 cardiac catheterizations. The facility's authority to continue to provide therapeutic cardiac catheterizations terminates sixty 20 days after the effective date of any changes to the criteria contained in the State Health Plan for issuing a certificate of need 21 for open heart surgery. A facility may continue to provide therapeutic cardiac catheterizations after the sixty-day period 22 only if the facility has applied for a certificate of need for open heart surgery under the new criteria within sixty days of the 23 new criteria's effective date. The facility's authority to continue to provide therapeutic cardiac catheterizations during the 24 period while its certificate of need application under the new criteria is pending terminates upon the issuance of a final non- 25 appealable decision on the application for a certificate of need under the new criteria. 26 30.36. (DHEC: Allocation Patient Days) The Department will allocate additional Medicaid patient days authorized 27 above the previous fiscal year's level as provided in Proviso 30.18 based on a percentage of need indicated by the 28 Community Long Term Care waiting list. Not withstanding any other provision of law, of the additional patient days 29 authorized above the previous year's level as provided in Proviso 30.18, the Department may approve additional nursing 30 home patient days/beds not to exceed 11,680 patient days/32 beds for those facilities in those rural counties that have (1) 31 only one nursing home; (2) have no more than eighty-eight nursing home beds; (3) have more than 22 percent of the 32 population age sixty-five and over with an income below the poverty level; and, (4) are below the mean of the South 33 Carolina median family income. A Certificate of Need application for these rural counties must be received by the 34 Department no later than August 1, 1996, and the Department will reserve Medicaid patient days for up to ninety percent 35 of the number of additional beds. 36 30.37. (DHEC: Underground Storage Tank Data) The Department of Health and Environmental Control should initiate 37 actions in FY 1997-98, to ensure the availability of accurate and complete tank population and financial data, that are 38 necessary to complete a report by March 1999, to the State Reorganization Commission, for the purpose of determining
J04 - SECTION 30 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 495 1 whether continued funding from the State Underground Petroleum Environmental Response Bank (SUPERB) thru December 2 31, 2026, for eligible owners of underground storage tank owners, is in the best interest of the State. The Department should 3 begin to collect accurate and complete information addressing the financial status of the SUPERB Account and the State 4 Financial Responsibility Fund (SFRF) Account, including detailed information regarding the status of reported releases 5 in terms of completed and on-going work. Information should be such that the Department is able to determine whether 6 the SUPERB and SFRF Funds are actuarially sound and that revenues are sufficient to address needed site rehabilitation 7 and third party claims, such that the Department is able to continue funding the most serious and highest ranked projects 8 as determined using the Risk Based Corrective Action ranking system. The Department's actions should also result in 9 compiling accurate and complete information regarding the State's tank population, in terms of the extent to which the tank 10 population meets Environmental Protection Agency standards which become effective December 1998; the number of 11 registered tanks in the state; the number of registered tanks per location, per owner; and the availability and affordability 12 of private insurance for owners of underground storage tank owners. 13 30.38. (DHEC: Babynet Sliding Fee Scale) The Department of Health and Environmental Control shall delay 14 implementation of a sliding fee scale for Babynet recipients until after June 30, 1998. During the current fiscal year, the 15 Department shall study the impact of implementing a sliding fee scale. The study shall include, but not be limited to, cost 16 benefits versus cost of administering such a fee scale, impact on participating Babynet agencies, and impact to potential 17 Babynet clients. The agency shall seek input from all affected parties. The agency shall submit a report of its findings, along 18 with recommendations, to the General Assembly no later than January 30, 1998. 19 30.39. (DHEC: Certificate of Public Advantage) Notwithstanding Regulation 61-31, Health Care Cooperative 20 Agreements and other provisions of law, should the Department of Health and Environmental Control issue a Certificate 21 of Public Advantage, the applicant will pay to the Department, an annual monitoring fee to cover the actual cost of audits 22 and monitoring. This fee shall be used by the Department in whatever manner solely for the purpose of monitoring 23 Certificates of Public Advantage as set forth in Section 44-7-570(A). 24 30.40. (DHEC: Beach Restoration) Appropriations for Beach Restoration Projects which are certified by the 25 Department as excess to the final State share of project costs shall be allocated by the Department to other beach restoration 26 projects on a priority basis in accordance with R.30-20. 27 28 J12 - SECTION 31 - MENTAL HEALTH, DEPARTMENT OF 29 30 31.1. (DMH: Medicare Revenue) All Federal Funds received by the Department of Mental Health from patients' 31 Medicare benefits shall be considered as patient fees under the provision of Act No. 1276 of the 1970 Acts (provision for 32 the issuance of bonds to be repaid from patient fees) except that the Department shall remit to the General Fund of the State 33 $290,963 from such funds to support the appropriation for administrative costs of the collection of Medicare benefits. The 34 Department shall retain and expend up to $3 million of all Medicare Revenue earned prior to July 1, of the prior fiscal year, 35 but received in the current fiscal year from cost recovery efforts, all additional prior earnings shall be remitted to the General 36 Fund, except that the cost and fees of identifying and collecting such additional Medicare Revenue to which the Department 37 is entitled may be paid from funds actually collected from such efforts. 38 31.2. (DMH: Paying Patient Account) Notwithstanding any other provision of law and in addition to other payments
J12 - SECTION 31 - MENTAL HEALTH, DEPARTMENT OF PAGE 496 1 provided in Part I of this Act, the Department of Mental Health is hereby directed during the current fiscal year to remit to 2 the General Fund of the State the amount of $3,800,000 to be paid from the surplus funds in the paying patient account 3 which has been previously designated for capital improvements and debt service under the provisions of Act 1276 of 1970. 4 It is the intent of the General Assembly to assist the Department to reduce and eventually eliminate this obligation to the 5 General Fund. 6 31.3. (DMH: Patient Fee Account) Notwithstanding any other provisions of law and in addition to other payments 7 provided in Part I of this Act, the Department of Mental Health is hereby authorized during the current fiscal year, to provide 8 the funds budgeted herein for $6,214,911 for Departmental operations, $400,000 for the Continuum of Care, $10,000 for 9 the Alliance for the Mentally Ill, $250,000 for S.C. SHARE Self Help Association Regarding Emotions, $50,000 for 10 Palmetto Pathways, $50,000 for New Day Clubhouse and up to $685,000 for day-to-day operations at the Campbell Nursing 11 Home , from the Patient Fee Account which has been previously designated for capital improvements and debt service under 12 provisions of Act 1276 of 1970. The Department of Mental Health is authorized to fund the cost of Medicare Part B 13 premiums from its Patient Fee Account up to $150,000. The South Carolina Alliance for the Mentally Ill shall provide an 14 itemized budget before the receipt of funds and quarterly financial statements to the Legislative Governor's Committee on 15 Mental Health and Mental Retardation Department of Mental Health. The South Carolina Self-Help Association Regarding 16 Emotions shall provide an itemized budget before the receipt of funds and quarterly financial statements to the Legislative 17 Governor's Committee on Mental Health and Mental Retardation Department of Mental Health. DMH is authorized to use 18 unobligated Patient Paying Fee Account funds for community transition programs. The funds made available shall be 19 utilized consistently with the Transition Leadership Council's definition of severely mentally ill children and adults. The 20 Department shall report their use of these funds to the Legislative-Governor's Committee on Mental Health and Mental 21 Retardation, the Senate Finance Committee and the House Ways and Means Committee. This amendment is made 22 notwithstanding other obligations currently set forth in this proviso. 23 31.4. (DMH: Paying Patient Fee Hall Institute) Notwithstanding any other provisions of law and in addition to other 24 payments provided in this section, the Department of Mental Health is authorized to utilize up to $1,530,520 of the funds 25 collected from paying patients hospitalized in the acute care units of the William S. Hall Psychiatric Institute to defray the 26 cost of training mental health personnel and psychiatric research at that facility pursuant to Section 44-11-10(2), Code of 27 Laws of South Carolina, 1976; these being a part of the funds previously designated for capital improvements and debt 28 service under the provisions of Act 1276 of 1970. 29 31.5. (DMH: Institution Generated Funds) The Department of Mental Health is authorized to retain and expend 30 institution generated funds which are budgeted. 31 31.6. (DMH: Harris Psychiatric Hospital Carry Forward) The Budget and Control Board shall authorize the 32 Department of Mental Health to carry forward any remaining funds allocated for Harris Psychiatric Hospital in the prior 33 fiscal year to assure full-funding of Harris Psychiatric Hospital in the current fiscal year. The Department is authorized to 34 utilize these funds to provide for community screening and service for potential admission to Harris Psychiatric Hospital. 35 31.7. (DMH: VA Nursing Home Carry Forward) The Department is authorized to carry forward into the current year, 36 funds allocated in the prior fiscal year for the operation of the Campbell Nursing Home. Funds carried forward shall be 37 expended for the same purpose during the current fiscal year. 38 31.8. (DMH: Transfer of Patients to DDSN) DMH is authorized to transfer to the Department of Disabilities & Special
J12 - SECTION 31 - MENTAL HEALTH, DEPARTMENT OF PAGE 497 1 Needs, state appropriations to cover the state match related to expenditures initiated as a result of the transfer of appropriate 2 patients from DMH to the Department of Disabilities & Special Needs. Notwithstanding any other provisions of law and 3 in addition to other payments as authorized in this Act, DMH is also authorized to utilize up to $500,000 from the Patient 4 Fee Account to help defray costs of these transferees. 5 31.9. (DMH: Harris Hospital Funds Transfer Notification) Prior to any transfer of funds from the current budget for 6 Harris Hospital, the Department shall notify the Chairmen of the Joint Appropriations Review Committee, the Senate 7 Finance Committee and the House Ways and Means Committee. 8 31.10. (DMH: Sale of Property Revenue) The Department may retain revenues associated with the sale of property and 9 may expend these funds on capital improvements approved by the Joint Bond Review Committee and the Budget and 10 Control Board. 11 31.11. (DMH: Department Owned Housing Rental) The Department of Mental Health may charge other than fair market 12 value for rental of department-owned housing when such rentals assist in the recruitment and training of mental health 13 professionals. 14 31.12. (DMH: New Medications) DELETED 15 16 J16 - SECTION 32 - DISABILITIES AND SPECIAL NEEDS, DEPARTMENT OF 17 18 32.1. (DDSN: Work Activity Programs) All revenues derived from production contracts earned by mentally retarded 19 trainees in Work Activity Programs be retained by the South Carolina Department of Disabilities & Special Needs and 20 carried forward as necessary into the following fiscal year to be used for other operating expenses and/or permanent 21 improvements of these Work Activity Programs. 22 32.2. (DDSN: Sale of Excess Real Property) The Department is authorized to retain revenues associated with the sale 23 of excess Department-owned real property and may expend these funds to purchase land and construct community 24 residences to serve the mentally retarded. In the construction of new facilities, the Department shall follow all the policies 25 and procedures of the Budget and Control Board and the Joint Bond Review Committee. 26 32.3. (DDSN: Prenatal Diagnosis) Revenues not to exceed $126,000 from client fees, credited to the debt service fund 27 and not required to meet the Department's debt service requirement, may be expended only in the current fiscal year to 28 promote expanded prenatal diagnosis of mental retardation and related defects by the Greenwood Genetic Center. 29 32.4. (DDSN: Medicaid Funded Contract Settlements) The Department is authorized to carry forward and retain 30 settlements under Medicaid-funded contracts. 31 32.5. (DDSN: Medicare Reimbursements) The Department may continue to budget Medicare reimbursements to cover 32 operating expenses of the program providing such services. 33 32.6. (DDSN: Departmental Generated Revenue) The Department is authorized to continue to expend Departmental 34 generated revenues that are authorized in the budget. 35 32.7. (DDSN: Patient Day Fee) The Department may exclude Medicaid revenues from the Intermediate Care Facilities 36 for the Mentally Retarded's patient day fee from indirect cost recovery payments. 37 32.8. (DDSN: Autistic Pilot Project) From the funds provided herein, the Dept. of Disabilities and Special Needs will 38 provide $25,000 for a pilot project in Pickens County to teach autistic children using the Lovaas method in order to assist
J16 - SECTION 32 - DISABILITIES AND SPECIAL NEEDS, DEPARTMENT OF PAGE 498 1 in mainstreaming these children back into society and thereby reducing future long term care costs. 2 32.9. (DDSN: Retargeting Resources/FTE Reduction) The Department may implement, in consultation with the Office 3 of Human Resources of the Budget and Control Board, a pilot program to retarget resources to include provisions for a 4 separation incentive payment for Department employees which may include the employer portion of health and dental 5 benefits not to exceed one year. Any pilot program developed under this provision will involve voluntary participation from 6 employees and will be funded within existing appropriations. The specific provisions of the pilot program will be approved 7 by the DDSN Commission and the Director of the Division of Budget and Analyses. The Department will report the results 8 to the Budget and Control Board by March 15, 1998. 9 10 J20 - SECTION 33 - ALCOHOL AND OTHER DRUG ABUSE SERVICES, DEPARTMENT OF 11 12 33.1. (DAODAS: School Intervention Activity) $1,149,204 of the amount appropriated as "Total Distribution to 13 Subdivisions" in Program III, Division of Programs and Services is intended to be used for the School Intervention activity 14 and none of this sum shall be used by the Department for the employment of personnel, except that funds may be used to 15 employ one supervisory coordinator for this program. 16 33.2. (DAODAS: Training & Conference Revenue) The Department may charge fees for training events and 17 conferences. The revenues from such events shall be deposited in the General Fund at the end of the state fiscal year once 18 vendor expenses pertaining to such events have been met by the Department. 19 33.3. (DAODAS: Other Funded New Positions) The Department of Alcohol & Other Drug Abuse Services may fill 20 the other funded personnel authorized in this section only if such funds are available at the time the new positions are to be 21 filled. 22 33.4. (DAODAS: Chemical Dependency Programs) The Department of Alcohol & Other Drug Abuse Services shall 23 use one-time funding to reduce the recidivism rate of juvenile offenders through a transitional treatment program for 24 addictions. The Department will review the ability of parents of juvenile offenders to off-set the costs of this program 25 through a sliding scale fee-for-service and report on this in the evaluation of this program. In addition, the Department will 26 develop a second plan for a coordinated, non-duplicative service delivery network through comprehensive utilization of 27 community-wide services and coordination of chemical dependency funding streams. The Department will present a report 28 to the Governor's Office, to the Senate Finance Committee and to the House Ways and Means Committee no later than 29 January 15, 1997 December 1, 1997. The Department is authorized to spend one half of the appropriated funds for this 30 project for the first six months of the current fiscal year. The remaining funds for this project for the second half of the fiscal 31 year may only be spent upon the written approval of the Chairman of the Senate Finance Committee and the Chairman of 32 the House Ways and Means Committee after receipt and written approval of the progress report submitted to them on 33 December 1, 1997. The Department is required to include in their progress report due December 1, 1997, budgetary 34 information on the matching funds for the programs from all sources including, but not limited to, state, federal, county and 35 other local funds..
PAGE 499 1 K05 - SECTION 34 - PUBLIC SAFETY, DEPARTMENT OF 2 3 34.1. (DPS: Special Events Traffic Control) The Highway Patrol must not charge any fee associated with special 4 events for maintaining traffic control and ensuring safety on South Carolina public roads and highways unless approved by 5 the General Assembly. Nothing shall prohibit the Treasury of the State from accepting voluntary payment of fees from 6 private or public entities to defray the actual expenses incurred for services provided by the Department of Public Safety. 7 34.2. (DPS: Miscellaneous Revenue) Notwithstanding any other provisions of law, revenue received from the sale of 8 meals to employees, sale of student locks and materials, sale of legal manuals and other publications, postal reimbursement, 9 third party Commercial Driver License testing, photo copying, sale of miscellaneous refuse and recyclable materials, tuition 10 from military breathalyzer courses, coin operated telephones, revenue from E-911 and Coroner training, revenue from 11 psychological screening, private college tuition, and revenue from canteen operations and building management services, 12 revenue from regional and national marketing of the "Crime-to-Court" and other Department of Public Safety and E.T.V. 13 series shall be retained by the Department and expended in budgeted operations for food services, expansion and programs 14 as the Director of the Department's E.T.V. program, professional training, fees and dues, clothing allowance and other 15 related services or programs as the Director of the Department of Public Safety may deem necessary. 16 The Department of Public Safety shall report annually to the General Assembly the amount of miscellaneous revenue 17 retained and carried forward. 18 34.3. (DPS: Detective/Security Fee) The Department of Public Safety is hereby authorized to charge and collect 19 additional license and registration fees for private detective businesses, private security businesses, including employees 20 of these businesses, and companies which provide private security on their own premises. The funds generated will be 21 retained by the Department and used for the purpose of providing additional security in the Capitol Complex area. 22 34.4. (DPS: Realign Appropriations) In consultation with the Senate Finance Committee and the House Ways and 23 Means Committee, the Department of Public Safety is authorized to realign its Fiscal Year 1996-97 appropriations into a 24 revised structure to reflect actual program operations. 25 34.5. (DPS: Revenue Generated Carry Forward) Notwithstanding any other provision of law, all revenue generated 26 by the Department of Public Safety from the sale of vehicles, various equipment, less the cost of disposition incurred by the 27 B & C Board Division of Operations, gasoline and insurance claims during the prior fiscal year may be retained and carried 28 forward into the current fiscal year and expended for the purpose of purchasing like items. 29 34.6. (DPS: Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, authorized to 30 be expended or used for any federal grant program may be retained and carried forward to the current fiscal year and used 31 for matching committed and/or unanticipated grant funds. 32 34.7. (DPS: Federal, Other Flow Through Funds) In order to complete projects begun in a prior fiscal year, the 33 Department of Public Safety is authorized to expend Federal and Earmarked Funds in the current fiscal year for expenditures 34 incurred in the prior fiscal year. 35 34.8. (DPS: Publish County DMV Local Telephone Number) From the funds appropriated in Part IA, Section 34 to 36 the Department of Public Safety, it is the intent of the General Assembly that the Division of Motor Vehicles in each county 37 should have a local telephone number that is published. 38 34.9. (DPS: Cost Recovery Fee) The Department of Public Safety may collect fees to recover the costs of the
K05 - SECTION 34 - PUBLIC SAFETY, DEPARTMENT OF PAGE 500 1 production, purchase, handling and mailing of documents, publications, records and data sets, and such funds shall be 2 retained by the agency. 3 34.10. (DPS: License Fees) Notwithstanding any provision of Title 56 of the 1976 Code relating to the disposition of 4 revenues, all revenues derived under Chapter 56 credited to the Department of Public Safety must be credited to the General 5 Fund of the state, except for those fees collected to recover the costs of the production, purchase, handling and mailing of 6 documents, publications, records and data sets, and such funds shall be retained by the agency. 7 34.11. (DPS: Transfer of Funds) Of amounts appropriated for the Department of Public Safety, an amount equal to one 8 hundred thousand dollars must be transferred to Midlands Technical College for the Motorcycle Rider Safety Education 9 Program. 10 34.12. (DPS: Motor Carrier Registration Fees) Notwithstanding any other provisions of law, all positions previously 11 transferred to the Department of Public Safety from the Public Service Commission and the Department of Revenue whose 12 duties include the administration and enforcement of Articles 3 and 5, of Chapter 23 of Title 58, shall be funded from the 13 motor carrier registration fees collected by the Department that previously were collected by the Public Service 14 Commission. 15 34.13. (DPS: New License Plates) The Department of Public Safety is authorized to charge $3.00 for postage and 16 handling associated with the mailing of new license plates. All funds collected pursuant to this proviso will be used to cover 17 the costs of postage, handling and the production of license plates. All unexpended funds at year end collected under this 18 proviso may be retained and carried forward by the Department to be used for the same purpose. 19 34.14. (DPS: Witness Fee) The Department of Public Safety is hereby authorized to charge a witness fee of $100.00 20 per hour, up to $400.00 per day for each Multi-disciplinary Accident Investigation Team (MAIT) member testifying in civil 21 matters which do not involve the State as a party in interest. This fee shall be charged in addition to any court prescribed 22 payment due as compensation or reimbursement for judicial appearances and deposited into a designated revenue account. 23 24 L04 - SECTION 35 - SOCIAL SERVICES, DEPARTMENT OF 25 26 35.1. (DSS: Fee Retention) The Department of Social Services shall recoup all refunds and identified program 27 overpayments and all such overpayments shall be recouped in accordance with established collection policy. Funds of 28 $800,000 collected under the Child Support Enforcement Program (Title IV D) which are State Funds shall be remitted to 29 the State Treasurer and credited to the General Fund of the State. All state funds above $800,000 shall be retained by the 30 Department to fund Self-Sufficiency and Family Preservation and Support initiatives. 31 35.2. (DSS: Recovered State Funds) The Department shall withhold a portion of the State Funds recovered, under the 32 IV-D Program, for credit to the General Fund in order to allow full participation in the Federal "set off" program offered 33 through the Internal Revenue Service, the withholding of unemployment insurance benefits through the South Carolina 34 Employment Security Commission and reimbursement for expenditures related to blood testing. Such funds may not be 35 expended for any other purpose. The Department of Social Services be allowed to utilize the State share of Federally 36 required application fees, collected from Non-AFDC clients, in the administration of the Child Support Enforcement 37 Program. Such funds may not be expended for any other purpose. However, this shall not include Child Support 38 Enforcement Program incentives paid to the program from Federal Funds to encourage and reward cost effective
L04 - SECTION 35 - SOCIAL SERVICES, DEPARTMENT OF PAGE 501 1 performance. Such incentives are to be reinvested in the program to increase collections of support at the State and County 2 levels in a manner consistent with federal laws and regulations governing such incentive payments. The Department shall 3 not use Clerk of Court incentive funds to replace agency operating funds. Such funds shall be remitted to the appropriate 4 state governmental entity to further child support collection efforts. 5 35.3. (DSS: Foster Children Burial) The expenditure of funds allocated for burials of foster children shall not exceed 6 one thousand five hundred dollars per burial. 7 35.4. (DSS: Assistance Payments Client List) The names of persons benefiting from assistance payments under the 8 several programs of the Department of Social Services shall be available to other state agencies, if not in conflict with federal 9 regulations. 10 35.5. (DSS: Residential Care Optional Supplement) From the appropriation made herein for General Assistance, the 11 Department will supplement the income of individuals who reside in those licensed residential care facilities that have an 12 approved Optional Supplement Request with the Department. Individuals who reside in those residential care facilities with 13 approved Optional Supplement Requests must also qualify as aged, blind or disabled under the definitions of Public Law 14 92-603, U.S. Code, or who would qualify except for income limitations or residence in a residential care facility reclassified 15 as a public institution by the Social Security Administration. For the period of the current fiscal year, the Department will, 16 based on availability of funds, supplement the income of the above defined group up to a maximum of $753.00 per/month 17 and the residential care facilities are authorized to charge a fee of $720.00 per/month for the defined group. The Department 18 will allow each individual in the defined group a $33.00 per/month personal needs allowance. If the federal government 19 grants a cost of living increase to Social Security and Supplemental Security Income recipients, the Department will reduce 20 the Optional Supplement by the amount of the cost of living income. Any surplus funds generated as a result of the cost 21 of living increase will be retained within the program and carried forward to fund the future cost of operating the program. 22 The Department shall establish the maximum number of Optional Supplement Requests that can be funded from the funds 23 appropriated herein and report this data to the Senate Finance and House Ways and Means Committees within thirty days 24 after the effective date of this act. All funds appropriated or generated for this program must remain with the Optional 25 Supplement program. Each residential care facility must submit to the Department prior to July 1 each year the number of 26 Optional Supplement Requests for the above defined group to be served during the next twelve months. Residential Care 27 Facilities holding a slot will be allocated slots based on their current allocation and available funds. The Department will 28 develop a waiting list based on present and future applications received from each county. Slots will be allocated to homes 29 in the counties showing the greatest need. If a facility does not fill a vacant slot within ninety days the slot will be 30 reallocated. Payments shall be made to those individuals who reside in residential care facilities with assigned slots. If a 31 resident should decide to leave a residential care facility prior to the end of a month in which payment is made, there will 32 be no refund except in a case of a medical emergency. Each facility that participates in the Optional Supplement Program 33 must submit a notarized operating cost report. The Department will develop a form to be used by all facilities. The cost 34 information will include income and operating costs for the facility. The Department will develop a time schedule for 35 reports to be submitted. Facilities failing to adhere to the time schedule will not be eligible to receive Optional Supplement 36 payments. Information received by the Department will be consolidated and submitted to the Senate Finance Committee 37 and the Ways and Means Committee. 38 35.6. (DSS: Child Day Care Facilities) Notwithstanding the provisions of Act 184 of 1977 as amended relating to child
L04 - SECTION 35 - SOCIAL SERVICES, DEPARTMENT OF PAGE 502 1 day care facilities, the Department is granted the authority to grant provisional licenses, provisional approvals and 2 provisional registrations to new facilities covered under Articles II, III, and V of Act 184 of 1977 as amended for a period 3 no longer than a year and to grant or extend provisional licenses, provisional approvals and provisional registrations to 4 existing facilities covered under Articles II, III, and V of Act 184 of 1977 as amended but in no case beyond July 1, of the 5 next fiscal year. 6 35.7. (DSS: Employee Supplement) No county shall supplement the salary of any DSS employee. 7 35.8. (DSS: Battered Spouse Funds) Appropriations included in Subprogram II E entitled Battered Spouse shall be 8 allocated through contractual agreement to providers of this service. These appropriations may also be used for public 9 awareness and contracted services for victims of this social problem including the abused and children accompanying the 10 abused. Such funds may not be expended for any other purpose nor be reduced by any amount greater than that stipulated 11 by the Budget and Control Board or the General Assembly for the agency as a whole. 12 35.9. (DSS: Court Examiner Service Exemption) In order to prevent the loss of Federal Funds to the State, employees 13 of the Department of Social Services whose salaries are paid in full or in part from Federal Funds will be exempt from 14 serving as court examiners. 15 35.10. (DSS: Accounts Receivable Procedures) The Department of Social Services will establish, and collect accounts 16 receivable in accordance with appropriate and applicable Federal regulations. 17 35.11. (DSS: Attorney or Guardian Ad Litem Fees) Effective July 1, of the current fiscal year, any monies appropriated 18 for the payment of attorneys' fees or Guardian ad Litem fees in either abuse and neglect, termination of parental rights, or 19 judicial review cases arising under Section 20-7-480, et. seq. of the SC Code of Laws, (1976, as amended), and adult 20 protective services cases under Section 43-29-10 43-29-5, et. seq. of the SC Code of Laws, (1976, as amended), shall only 21 be paid in accordance with DSS policy which shall include limits on awards and procedures for payment, in due 22 consideration of the Agency's budgetary limitations and specific funds allocated for such purposes. No other fees or costs 23 associated with the above referenced cases shall be paid unless expressly authorized by statute, court rules or DSS policy 24 and provided that sufficient funds have been allocated for such purposes. 25 35.12. (DSS: AFDC Advance Funds) The Department of Social Services is authorized to advance sufficient funds 26 during each fiscal year from the Aid to Families with Dependent Children Assistance Payments general fund appropriations 27 to the Aid to Families with Dependent Children Assistance Payments federal account only for the purpose of allowing a 28 sufficient cash flow in the federal account. The advance must be refunded no later than April of the same fiscal year. Upon 29 the advance of funds as provided herein, the Comptroller General is authorized to process the July voucher for the funding 30 of benefit checks. 31 35.13. (DSS: Fee Schedule) The Department of Social Services shall be allowed to charge fees and accept donations, 32 grants, and bequests for social services provided under their direct responsibility on the basis of a fee schedule approved 33 by the Budget and Control Board. The fees collected shall be utilized by the Department of Social Services to further 34 develop and administer these program efforts. 35 35.14. (DSS: Mentally Disabled Supplement) From the appropriation made herein for General Assistance, the 36 Department may elect to supplement the income of individuals who reside in foster homes or supported independent living 37 arrangements certified by the Department of Mental Health and who qualify as mentally disabled under the definitions of 38 Public Law 92-603, U.S. Code, or who would qualify except for income limitations with the supplement being at the same
L04 - SECTION 35 - SOCIAL SERVICES, DEPARTMENT OF PAGE 503 1 rate as for other individuals who qualify for General Assistance. The Department shall contract with the Department of 2 Mental Health to ensure that the payments of General Assistance to persons who would not otherwise qualify except for this 3 proviso shall be transferred to the Department from the appropriations made to the Department of Mental Health. 4 35.15. (DSS: Electronic Benefits Transfer System) The funds appropriated herein for the Electronic Benefits Transfer 5 System Project (EBT) shall be used for the development, start-up, and evaluation of the system. The Department of Social 6 Services is directed to proceed with planning for the expansion of the use of the EBT system for other government benefits 7 delivery, beginning with the Aid to Families with Dependent children program. The agency shall submit a status report on 8 the implementation of the system to the members of the Senate Finance and House Ways and Means Committees by July 9 1, 1996 of the current fiscal year. 10 35.16. (DSS: Food Stamp Fraud) The state portion of funds recouped from the collection of recipient claims in the 11 AFDC and Food Stamp programs shall be retained by the Department. A portion of these funds shall be distributed to local 12 county offices for emergency and program operations. The remaining funds will be used by the Department to fund our 13 Food Stamp Reinvestment Plan and other program operations. 14 35.17. (DSS: AFDC - Immunizations Certificates) The Department shall require all AFDC applicants and/or recipients 15 to provide proof of age appropriate immunizations for children. If such immunizations have not been administered, the 16 Department shall assist in referring applicants to appropriate county health departments to obtain the immunizations. 17 35.18. (DSS: Fees for Court Witness in Child Welfare Services) Effective July 1, 1994, any monies appropriated for 18 the payment of court testimony in either abuse and neglect, termination of parental rights, or judicial review cases arising 19 under Section 20-7-480, et. seq. of the SC Code of Laws, 1976, as amended, and adult protective service cases under Section 20 43-35-10(9), et. seq. of the SC Code of Laws, 1976, as amended, shall only be paid in accordance with DSS policy which 21 shall include limits on awards and procedures for payment, in due consideration of the Agency budgetary limitations and 22 specific funds allocated for such purposes. Provided further that DSS shall pay up to a maximum hourly rate to Licensed 23 Psychologists, Social Workers, Nurses, Ministerial Counseling, Family and Marriage Counselors of $60 for counseling and 24 $60 for expert witness fees, to include travel time and DSS shall pay up to a maximum hourly rate to Physicians of $125 25 for expert witness fees, to include travel time. 26 35.19. (DSS: Foster Care Fingerprint Reviews) Notwithstanding the provisions of Section 20-7-1640, of the SC Code 27 of Laws, 1976, as amended, the Department is authorized to pay from funds appropriated in this section the costs of Federal 28 Bureau of Investigation fingerprint reviews for foster care families recruited, selected and licensed by the Department. 29 35.20. (DSS: County Directors' Pay) With respect to the amounts allocated to the Department of Social Services for 30 Employee Pay Increase in 17C.13 of this Act, the Department of Social Services is authorized to allot funds for pay increases 31 to individual County Directors and Regional Directors in classified positions without uniformity. Pay increases for DSS 32 County Directors and Regional Directors shall be administered in accordance with the guidelines established by the Budget 33 and Control Board for Executive Compensation System and other non-academic unclassified employees. Any employees 34 subject to the provisions of this paragraph shall not be eligible for any other compensation increases provided in 17C.13 35 of this Act. 36 35.21. (DSS: Use of Funds Authorization) Department Investigative Units shall be authorized to receive and expend 37 funds awarded to these Units as a result of a donation, contribution, prize, grant, and/or court order. These funds shall be 38 retained by the Department on behalf of the Investigative Units and deposited in a separate, special account and shall be
L04 - SECTION 35 - SOCIAL SERVICES, DEPARTMENT OF PAGE 504 1 carried forward from year to year and withdrawn and expended as needed to fulfill the purposes and conditions of the 2 donation, contribution, prize, grant, and/or court order, if specified, and if not specified, as may be directed by the Director 3 of the Department of Social Services. These accounts shall not be used to supplant operating funds in the current or future 4 budgets. The agency shall report to the Senate Finance Committee and Ways and Means Committee by January 30 of the 5 current fiscal year on the amount of funds received and how expended. 6 7 L12 - SECTION 36 - JOHN DE LA HOWE SCHOOL 8 9 36.1. (JDLHS: Status Offender Carry Forward) To facilitate the period of initial program start-up, unexpended EIA 10 status offender funds distributed to John de la Howe School from the Department of Education may be carried forward and 11 used for the same purpose. 12 36.2. (JDLHS: Fee Schedule Study) John de la Howe must submit a report to the Senate Finance Committee and the 13 Ways and Means Committee by January 15, 1998 on the feasibility of developing and implementing a schedule of sliding 14 fees for families receiving services provided by the agency. This report shall include, but not be limited to, recommendations 15 related to the type, applicability, and amount of such fees, income verification procedures and agency collection efforts for 16 non-payment of fees. 17 18 L24 - SECTION 37 - BLIND, COMMISSION FOR THE 19 20 37.1. (BLIND: Matching Federal Funds) For the current fiscal year the amount appropriated in this section under 21 Program II for Rehabilitative Services is conditioned upon matching by federal funds to the maximum amount available 22 under the Federal Vocational Rehabilitation Program. 23 37.2. (BLIND: Horticulture Revenue) Revenues derived from the production of horticulture products by clients of the 24 Adult Adjustment and Training Center may be retained by the Commission and used in the facility for client payments and 25 other production costs. 26 27 L32 - SECTION 38 - HOUSING, FINANCE AND DEVELOPMENT AUTHORITY 28 29 38.1. (HFDA: Federal Rental Assistance Administrative Fee Carry Forward) All federal rental assistance 30 administrative fees shall be carried forward to the current fiscal year for use by the Authority in the administration of the 31 federal programs under contract with the Authority. No State funds are to be used in the administration of these programs. 32 38.2. (HFDA: Program Expenses Carry Forward) For the prior fiscal year monies withdrawn from the Authority's 33 various bond-financed trust indentures and resolutions, which monies are deposited with the State Treasurer to pay program 34 expenses, may be carried forward by the Authority into the current fiscal year. By October 1, of the current fiscal year, a 35 report shall be submitted to the Senate Finance Committee and the House Ways and Means Committee, detailing the amount 36 carried forward and a detailed budget for its expenditure.
PAGE 505 1 L36 - SECTION 39 - HUMAN AFFAIRS COMMISSION 2 3 39.1. (HAC: Sale of Publication) Up to $4,000 in revenue derived from the sale of `The Blueprint' may be retained 4 and expended for the purpose of conducting future Human Affairs Forums. Any remaining balance may be expended for 5 the same purpose. 6 39.2. (HAC: Human Affairs Forum Carry Forward) Revenue derived from donations and registration fees received 7 for attendance at the Human Affairs Forum may be retained and carried forward into the current fiscal year and expended 8 for the purpose of conducting future Human Affairs Forums. 9 39.3. (HAC: Training Revenue) Revenue derived from fees charged by the Commission for consultative services, such 10 as training, community relations and technical services, shall be deposited in the General Fund. The Human Affairs 11 Commission may recoup and retain expenses incurred while providing training and technical assistance; reimbursement 12 derived may be used for general operations during the fiscal year. Charges may not exceed the cost of the program. 13 39.4. (HAC: Additional EEOC Funds) For the current fiscal year, the Human Affairs Commission must refund 14 additional funds received from EEOC in excess of the annual contractual agreement to the General Fund. 15 16 L46 - SECTION 40 - MINORITY AFFAIRS, COMMISSION ON 17 18 40.1. (CMA: Private Contributions and Sponsorship) Monies derived from private sources for agency research, forums, 19 training and institutes may be retained and expended by the Commission for the said purpose. Any remaining balance may 20 be carried forward and expended for the same purpose. 21 40.2. (CMA: Carry Forward Registration Fees) Revenue derived from registration fees received from training and 22 institutes may be retained and carried forward for the purpose of conducting future training and institutes. 23 40.3. (CMA: Carry Forward Grant Awards) Revenues pooled from public and private sources for the purpose of 24 awarding grants to address problems in the minority community may be retained and carried forward by the Commission. 25 26 N04 - SECTION 41 - CORRECTIONS, DEPARTMENT OF 27 28 41.1. (CORR: Clothes/Transportation Upon Discharge) Whenever an inmate shall be discharged from the Department 29 of Corrections, the State Board of Corrections thereof shall furnish such inmate with a suit of common clothes, if deemed 30 necessary, and transportation from the Department of Corrections to his home, if his home be within this State, or to the 31 County from which he was sentenced if his home be without this State. 32 41.2. (CORR: Extended Work Release Program Carry Forward) Revenue derived wholly from supervisory charges 33 paid by inmates participating in the Extended Work Release Program be retained by the Department of Corrections to 34 continue the program. Revenue collected and retained by the Department of Corrections in prior years from the Extended 35 Work Release Program be retained and carried forward to continue the Extended Work Release Program. 36 41.3. (CORR: Farm Program) Notwithstanding any provision of law to the contrary, the proceeds from the sale of all 37 excess agricultural products produced by the Farm Program of the South Carolina Department of Corrections shall be 38 retained by that agency to be utilized in the expansion and modernization of the program.
N04 - SECTION 41 - CORRECTIONS, DEPARTMENT OF PAGE 506 1 41.4. (CORR: Sale of Products) In addition to sales currently authorized by statute, all articles or products produced 2 by the Department of Corrections may be sold on the open market; those articles or products not provided for by statute, 3 are sold and distributed through wholesalers and jobbers within this State. 4 41.5. (CORR: Habilitation Unit for Developmentally Disabled) Notwithstanding any other provision of law to the 5 contrary, the excess revenue generated by the Adult Work Activity Center be returned to the Department of Corrections to 6 be utilized in the expansion and modernization of the Habilitation Unit for the Developmentally Disabled. 7 41.6. (CORR: Canteen Operations) Revenue derived wholly from the Canteen operations within the Department of 8 Corrections on behalf of the inmate population, may be retained and expended by the Department for the continuation of 9 the operation of said Canteens and the welfare of the inmate population. The Canteen operation is to be treated as an 10 enterprise fund within the Department of Corrections and is not to be subsidized by State Appropriated Funds. 11 41.7. (CORR: Contract for Services) Upon initiation by the South Carolina Department of Corrections, and upon prior 12 approval by the Budget and Control Board, the Department of Corrections may contract for any and all services, but such 13 services must (1) demonstrate reasonably comparable, cost-effectiveness to traditional methods of construction, (2) result 14 in long-term operational cost-savings, (3) result in the provision of a new facility of sufficient bed, program, and support 15 space more expeditiously than traditional methods, and (4) be subject to the year-to-year appropriation process of the 16 General Assembly and state procurement procedures. 17 41.8. (CORR: Contract Performance Funded Literacy Instruction) Of funds appropriated for the Palmetto Unified 18 School District Contractual Services, $75,000 must be used for contracting with private sector education providers for 19 performance-funded literacy instruction. Contractors would be paid only for student progress on quantifiable performance 20 measurements. 21 41.9. (CORR: E.H. Cooper Trust Fund) Notwithstanding any provision of law to the contrary, the Commissioner of 22 the Department of Corrections, at his discretion, may utilize interest generated from the fund created by interest which 23 accrued to the E.H. Cooper Trust Fund and was retained by the Department of Corrections in prior years. The Commissioner 24 may use these funds for special projects benefiting the general welfare of all inmates in the custody of the Board of 25 Corrections. 26 41.10. (CORR: Work Release Program Transportation Fee) The Department is authorized to charge a one dollar ($1.00) 27 per day transportation fee to participants in the work release program. 28 41.11. (CORR: Instructional Salaries) The certified instructional personnel of the Department of Corrections shall 29 receive a percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the 30 instructional personnel throughout the State. 31 41.12. (CORR: Turbeville Correctional Institution) Funds appropriated herein shall be used for the opening and 32 operating of the Turbeville Correctional Institution during the current fiscal year. 33 41.13. (CORR: Ridgeland Correctional Institution) Of funds appropriated for the Housing, Care, Security and 34 Supervision Other Operating Expenses, $141,758 must be used to provide funding for water and sewer availability for the 35 prison located in Ridgeland, in accordance with contractual commitments. 36 41.14. (CORR: Ridgeland 24-Hour Security) Of funds authorized in this section for Housing, Care and Security, 37 $200,000 and 8 FTEs shall be used to provide 24-hour security at the Ridgeland Correctional Institution. 38 41.15. (CORR: Recreational Scoreboards and Bleachers) The recreational scoreboards and bleachers determined to be
N04 - SECTION 41 - CORRECTIONS, DEPARTMENT OF PAGE 507 1 surplus by the South Carolina Department of Corrections may be donated by the Department to the school district in which 2 the donating institution is located. In the event the school district does not have need for such equipment, it may then be 3 offered to any school district within the county in which the institution is located. 4 41.16. (CORR: Funding Through State Criminal Assistance Program) All funds received by the State from the United 5 States Department of Justice, State Criminal Alien Assistance Program, for care and custody of illegal aliens housed in the 6 state correctional facilities shall be retained by the South Carolina Department of Corrections to offset incurred expenses. 7 41.17. (CORR: Medical Expenses) The Department of Corrections shall be authorized to charge inmates for any 8 medical treatment or consultation provided at the request of or initiated by the inmate. Inmates shall not be charged for 9 psychological or mental health visits. 10 41.18. (CORR: Surplus Farm Produce) The Department of Corrections shall be authorized to sell surplus farm produce, 11 with any funds generated to be utilized by the Department to offset costs of the farming operation. 12 41.19. (CORR: Remedial Education Funding) A criminal offender committed to the custody of the Department of 13 Corrections, who has been evaluated to function at less than an eighth grade educational level, or less than the equivalent 14 of an eighth grade educational level, may be required by Department officials to enroll and actively participate in academic 15 education programs. Funds appropriated to the Department of Corrections for educational programs shall be prioritized to 16 assure such remedial services are provided. 17 18 N08 - SECTION 42 - PROBATION, PAROLE AND PARDON, DEPARTMENT OF 19 20 42.1. (DPPP: Hearing Fee) The Department of Probation, Parole and Pardon Services shall receive a hearing fee under 21 a plan approved by the Budget and Control Board. 22 42.2. (DPPP: Electronic Monitoring Fee Assessment) Every person placed on electronic monitoring shall be assessed 23 a fee to be determined by the Department in accordance with SC Code §24-21-80, so long as he remains in the electronic 24 monitoring program. The payment of the fee must be a condition of parole or probation and a delinquency of two months 25 or more in making payments may operate as a revocation. All fees generated by this assessment shall be retained by the 26 department to support the electronic monitoring program and carried forward for the same purpose. 27 42.3. (DPPP: Electronic Monitoring Program) Of the funds appropriated to the Department of Probation, Parole and 28 Pardon Services for community corrections, other operating expenses, the Department may expend up to $1,333,333 for 29 the expansion of existing community electronic monitoring of criminal offenders under the jurisdiction of the Department. 30 In addition, before September 1, 1996, the Department shall develop and submit a plan to the Senate Corrections and 31 Penology Committee and the House Judiciary Committee identifying additional offender populations to be placed on 32 electronic monitoring and any necessary statutory revisions or additional funding required in order to fully implement this 33 plan. Offenders placed on electronic monitoring must be selected pursuant to criteria developed by the Department, and 34 no offenders may be placed on electronic monitoring unless the offender is in a population that is within the purview of the 35 Department's electronic monitoring authority. 36 42.4. (DPPP: Restitution Collection) DELETED
PAGE 508 1 N12 - SECTION 43 - JUVENILE JUSTICE, DEPARTMENT OF 2 3 43.1. (DJJ: Meal Ticket Revenue) The revenue generated from sale of meal tickets by the Department of Juvenile 4 Justice shall be retained and carried forward into the current fiscal year by the agency and expended for the operation of the 5 agency's cafeterias and food service programs. 6 43.2. (DJJ: Interstate Compact/Juvenile Restitution Programs Revenue) The revenue returned to the Interstate Compact 7 Program and the revenue returned from the Juvenile Restitution Program shall be retained and carried forward into the 8 current fiscal year by the Agency and expended for the Operation of the respective program areas. 9 43.3. (DJJ: Educational Funds Audit) Notwithstanding the provisions of the Education Finance Act, the South Carolina 10 Department of Juvenile Justice shall have its educational funds audited by the Office of the State Auditor pursuant to a 11 schedule established by the State Auditor, and said audit shall be sufficient to satisfy the timetable for audits required in 12 Regulation 43175. 13 43.4. (DJJ: Children's Projects Revenue) Funds generated from the projects undertaken by children under the 14 supervision of the Department of Juvenile Justice may be retained by the Department and utilized for the benefit of those 15 children. Such funds may be carried forward into the following fiscal year. 16 43.5. (DJJ: Report on Children Detained Before Adjudication) The South Carolina Department of Juvenile Justice shall 17 compile data for one year following the effective date of an Act of 1990 passed pursuant to Senate Bill 1485, and that data 18 must reflect the total number of children detained before adjudication, the reasons for those detentions, the average length 19 of those detentions, the percentage of children needing treatment services, and the types of treatment services needed 20 including, but not limited to, the number of children needing mental health services and the number of children needing 21 alcohol and drug abuse treatment. This data must be reported on a quarterly basis to the Joint Legislative Committee on 22 Children. 23 43.6. (DJJ: Revenues Generated) All revenues generated from USDA federal grants, the Education Finance Act (EFA), 24 the Detention Center, and Medicaid federal funding may be retained, carried forward into current fiscal year, and expended 25 by the Department of Juvenile Justice, in accordance with applicable regulations, for the costs associated with these 26 programs. 27 43.7. (DJJ: Instructional Salaries) The certified instructional personnel of the Department of Juvenile Justice shall 28 receive a percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the 29 instructional personnel throughout the State. 30 43.8. (DJJ: Juvenile Justice Parole Board Compensation) The Department is authorized to pay the Juvenile Justice 31 Parole Board member up to $200 per day for services rendered to the agency in the performance of their official duties. The 32 total amount of agency funds which can be utilized in this manner cannot exceed $48,000 per year. 33 43.9. (DJJ: Electronic Monitoring Program) Of the funds appropriated to the Department of Juvenile Justice for 34 community corrections, other operating expenses, the Department may expend up to $666,667 for the creation of community 35 electronic monitoring of juvenile offenders under the jurisdiction of the Department. In addition, before September 1, 1996, 36 the Department shall develop and submit a plan to the Senate Corrections and Penology Committee and the House Judiciary 37 Committee identifying additional offender populations to be placed on electronic monitoring and any necessary statutory 38 revisions or additional funding required in order to fully implement this plan. Offenders placed on electronic monitoring
N12 - SECTION 43 - JUVENILE JUSTICE, DEPARTMENT OF PAGE 509 1 must be selected pursuant to criteria developed by the Department, and no offenders may be placed on electronic monitoring 2 unless the offender is in a population that is within the purview of the Department's electronic monitoring authority. 3 43.10. (DJJ: CCA Oversight Team) DELETED 4 43.11. (DJJ: Columbia Training Center) The $14,900,000 appropriated herein to the Department of Juvenile Justice 5 for the operation of the Columbia Training Center is appropriated with the understanding that the Department anticipates 6 closing the facility and placing the juveniles in other public or private programs. Provided, however, in the event the 7 Department has not closed the Columbia Training Center by December 31, 1997, effective January 1, 1998, the Department 8 shall immediately begin and expeditiously pursue the process of selecting a new private contractor, pursuant to the 9 requirements of the South Carolina Consolidated Procurement Code, to operate the Columbia Training Center. 10 11 P12 - SECTION 44 - FORESTRY COMMISSION 12 13 44.1. (FC: Surplus Property Exemption) The South Carolina Forestry Commission may retain and apply all receipts, 14 less the cost of disposition incurred by the Division of Operations - Office of General Services, from the sale of surplus 15 forest firefighting equipment toward the purchase of forest firefighting equipment. 16 44.2. (FC: Ladies Island Fire Tower/Pickens Area Office) The South Carolina Forestry Commission is authorized to 17 sell 1.02 acres of real property with improvements, known as Ladies Island Fire Tower site located in Beaufort County and 18 to use the receipts from the sale for construction of the Pickens Area Office and in the Commission's Capital Improvements 19 Program. 20 44.3. (FC: Grant Funds Carry Forward) The S.C. Forestry Commission is authorized to use unexpended federal grant 21 funds in the current year to pay for expenditures incurred in the prior year. 22 44.4. (FC: Field Trials Permit Fee) DELETED 23 44.5. (FC: Forestry Warden Technician Training Program) Of the funds appropriated herein, $175,000 shall be used 24 to provide personal service funds for forest fire wardens who enroll in the Forestry Warden Technician Program. Forest 25 wardens will be awarded a ten percent increase upon enrollment in the Forestry Warden Technician Training Program. 26 An additional ten percent increase will be awarded upon satisfactory completion of the Forest Warden Technician Training 27 Program. 28 29 P16 - SECTION 45 - AGRICULTURE, DEPARTMENT OF 30 31 45.1. (AGRI: Market Bulletin) The Market Bulletin shall be mailed only to those persons who request it in writing 32 and a record of each request shall be maintained by the Department. The Department shall biennially purge the subscription 33 list through use of a coupon printed in the Bulletin. 34 45.2. (AGRI: Fruit/Vegetable Inspectors Subsistence) A daily subsistence allowance of up to $30.00 may be allowed 35 for temporarily employed fruits and vegetables inspectors from funds generated by fruits and vegetables inspection fees and 36 budgeted under Other funds in Program IV Marketing Services, E. Inspection Services, in lieu of reimbursements for meals 37 and lodging expense. 38 45.3. (AGRI: Commodity Boards Expenditures) Expenditures made for the various Commodity Boards (as budgeted
P16 - SECTION 45 - AGRICULTURE, DEPARTMENT OF PAGE 510 1 under Other funds in Program IV.C. Marketing Services: Commodity Boards) are exempt from regulations under the 2 Procurement Act of 1981. 3 45.4. (AGRI: Mobile Lab Fee) The Commissioner of Agriculture may set a nominal fee, not to exceed ten dollars, per 4 analysis performed by the Department's mobile laboratory. These fees may be retained and expended by the Department 5 of Agriculture to offset other operating expenses incurred by the mobile laboratory. 6 7 P20 - SECTION 46 - CLEMSON UNIVERSITY - PSA 8 9 46.1. (CU-PSA: Revenue Credited to General Fund) All revenues derived from the Regulatory and Public Service 10 Division covered in this section must be remitted to the credit of the General Fund. 11 46.2. (CU-PSA: Employer Contributions Carry Forward) That amount accrued and expended for employer 12 contributions associated with accrued salaries and wages but not remitted by June 30, of the prior fiscal year, may be carried 13 forward to the current fiscal year. 14 46.3. (CU-PSA: Pesticide Revenue) The first $140,000 in revenue from pesticide registration fees must be retained 15 by Regulatory and Public Service Programs to apply to expenses of centralizing its personnel and relocating its laboratories 16 from the Poole Agricultural Center. All revenues collected from pesticide registration fees in excess of $140,000 and up 17 to $50,000 of revenues collected from Structural Pest Control Businesses for Business licensing must be retained by 18 Regulatory and Public Service Programs to carry out provisions of the S.C. Pesticide Control Act as amended and pursuant 19 to regulations related to this Act. 20 46.4. (CU-PSA: Phytosanitary Certificates) Revenues collected from the issuance of phytosanitary certificates shall 21 be retained by the Division of Regulatory and Public Service for the purpose of carrying out phytosanitary inspections. 22 46.5. (CU-PSA: Witness Fee) The Public Service Activities of Clemson University are hereby authorized to charge 23 a witness fee of $100.00 per hour up to $400.00 per day for each employee testifying as an expert witness in civil matters 24 which do not involve the State as a party in interest. This fee shall be charged in addition to any court prescribed payment 25 due as compensation or reimbursement for judicial appearances and deposited into a designated revenue account. 26 27 P24 - SECTION 47 - NATURAL RESOURCES, DEPARTMENT OF 28 29 47.1. (DNR: County Funds) Funds belonging to each of the counties of the State, now on hand or hereafter accruing 30 to the counties, shall be expended on approval of a majority of the respective county delegation, including the resident 31 senator or senators, if any. An annual accounting for all such funds and expenditures shall be furnished by the Department 32 to each member of each county delegation; it being the intent of the General Assembly that the appropriations made in this 33 section are conditioned upon compliance with this requirement. In addition to the annual accounting required above, the 34 Department shall make a proposal for expenditures of such funds in the succeeding fiscal year in each county to the members 35 of the respective county legislative delegation, including the resident senator or senators, if any; and upon approval thereby 36 shall proceed with the use of such funds in compliance with the finalized and approved plan as approved by each legislative 37 delegation. If no plan is approved, the expenditure of such funds is to be administered as determined by the various 38 legislative delegations.
P24 - SECTION 47 - NATURAL RESOURCES, DEPARTMENT OF PAGE 511 1 47.2. (DNR: County Game Funds/Equipment Purchase) Any equipment purchased by the Department from county 2 game funds on approval of a majority of a county delegation, including the resident senator or senators, if any, shall remain 3 in that county upon the request of a majority of the respective county delegation, including the resident senator or senators, 4 if any, and if sold by the Department, the proceeds of such sale shall be credited to such county game fund. Expenditures 5 from the County Game Fund and the Water Recreation Resource Fund which have the approval of the county delegation 6 shall be exempt from the provisions of Act 651 of 1978, as amended. 7 47.3. (DNR: Armed Forces Fishing/Hunting License) Any member of the armed forces of the United States who is 8 a resident of South Carolina stationed outside of the state, shall upon presentation of his official furlough or leave papers, 9 be allowed to fish or hunt without purchasing a fishing or hunting license. 10 47.4. (DNR: Fisheries) Notwithstanding the provisions of Section 50-9-460, one-half of all proceeds from the sales 11 under 50-9-460 shall be allocated to the Department for the propagation and conservation of fisheries resources. 12 47.5. (DNR: Publications Revenue) For the current fiscal year all revenue generated from the sale of the 'South 13 Carolina Wildlife' magazine, its by-products and other publications, shall be retained by the Department and used to support 14 the production of same in order to allow the magazine to become self-sustaining. 15 47.6. (DNR: Casual Sales Tax Collection) The Department of Natural Resources shall continue to collect the casual 16 sales tax as contained in the contractual agreement between the Department of Revenue and Taxation and the Department 17 of Natural Resources and the State Treasurer is authorized to reimburse the Department on a quarterly basis for the actual 18 cost of collecting the casual sales tax and such reimbursement shall be paid from revenues generated by the casual sales tax. 19 47.7. (DNR: Temporary Transfer of Conservation Officers) Without expending additional personal service funds, 20 conservation officers may be temporarily transferred for a period not to exceed six months, to counties requiring additional 21 law enforcement manpower. When a conservation officer is transferred under the authority of this provision, any county 22 game funds which are expended for the acquisition of supplies and equipment must be expended from the game fund of the 23 county to which the officer is transferred. 24 47.8. (DNR: General Assistance County Appropriation) The appropriations in this section for "Aid To Conservation 25 Districts" shall be used by the Soil and Water Conservation Districts for general assistance to the district's program. No 26 district shall receive any funds under this provision unless the county or counties wherein the district is located shall have 27 appropriated no less than three hundred dollars to the district from county funds for the same purposes. 28 47.9. (DNR: Proportionate Funding) Each of South Carolina's 46 Soil and Water Conservation Districts shall receive 29 a proportionate share of funding set aside for Aid to Conservation Districts up to $8,000 per district. Available funding 30 above $8,000 for each district will be apportioned by the Department of Natural Resources based upon local needs and 31 priorities as determined by the Board. 32 47.10. (DNR: Carry Forward - Contract for Goods & Services) If any funds accumulated by the Department of Natural 33 Resources Geology Program, under contract for the provision of goods and services not covered by the Department's 34 appropriated funds, are not expended during the preceding fiscal years, such funds may be carried forward and expended 35 for the costs associated with the provision of such goods and services. 36 47.11. (DNR: Revenue Carry Forward) The Department may collect, expend and carry forward revenues derived from 37 the sale of goods and services in order to support aerial photography, map services, climatology data and geological services. 38 The Department shall annually report to the Senate Finance and Ways and Means Committees the amount of revenue
P24 - SECTION 47 - NATURAL RESOURCES, DEPARTMENT OF PAGE 512 1 generated from the sale of these goods and services. 2 47.12. (DNR: Clothing Allowance) The Department of Natural Resources is hereby authorized to provide Natural 3 Resource Enforcement Officers on special assignment with an annual clothing allowance (on a prorata basis) not to exceed 4 $400 per officer for required clothing used in the line of duty. 5 47.13. (DNR: Purchase of Jocassee Gorges) DELETED 6 47.14. (DNR: Field Trial Permits) DELETED 7 47.15. (DNR: Pagers Service Fee) Upon the request of a county delegation, the Department of Natural Resources shall 8 pay the minimum monthly service fee for pagers issued to the Department of Natural Resources law enforcement officers 9 from the funds expended by the Department of Natural Resources for operating expenses. 10 47.16. (DNR: Richland County Water Recreational Resources Fund) Of the funds allocated to the Water Recreational 11 Resources Fund for Richland County and upon the approval of the county delegation, $60,000 from the county's Water 12 Recreational Resources Fund shall be used for renovation of the Lake Murray Tourism Visitors Center. 13 47.17. (DNR: Commissioned Officers' Physicals) The Department is authorized to pay for the cost of physical 14 examinations for department personnel who are required to receive such physical examinations prior to receiving a law 15 enforcement commission. 16 17 P26 - SECTION 48 - SEA GRANT CONSORTIUM 18 19 48.1. (SGC: Publications Revenue) Funds generated by the sale of pamphlets, books, and other printed materials, the 20 production of which has been supported by non-state funding, may be deposited in a special account by the Consortium 21 and utilized as Other Funds for the purchase of additional pamphlets, books, and other printed materials for distribution to 22 the public. 23 24 P28 - SECTION 49 - PARKS, RECREATION AND TOURISM, DEPARTMENT OF 25 26 49.1. (PRT: Canadian Day) The Department when expending the $85,000 appropriation herein contained for a 27 Canadian Promotion shall designate one day of such promotion as "Canadian Day" and notwithstanding any other provision 28 of law, all Canadians shall be allowed admittance to state parks and use of park camping facilities on Canadian Day free 29 of charge. 30 49.2. (PRT: Boyleston House Gift/Souvenir Shop Revenue) Any monies derived from the Gift/Souvenir Shop at the 31 Boyleston House must be used for the continuing operation of same. 32 49.3. (PRT: Publications Revenue) The Department is authorized to charge a fee for the cost of vacation guides, 33 research reports, educational conferences, technical planning assistance, technical drawings, and mailing lists. The fee shall 34 offset the actual cost of producing or providing such items and revenue in an amount necessary to offset actual cost shall 35 be retained in a restricted account. Any revenue generated above the actual cost shall be remitted to the General Fund of 36 the State. 37 49.4. (PRT: Tourism Funds Sharing Grants) Notwithstanding any other provision of law or appropriation herein 38 contained, the Horry-Georgetown Tourism Commission is not eligible to receive any tourism funds-sharing grants.
P28 - SECTION 49 - PARKS, RECREATION AND TOURISM, DEPARTMENT OF PAGE 513 1 49.5. (PRT: Scholarship Program) The Department of Parks, Recreation and Tourism is hereby authorized to establish 2 a scholarship program with Clemson University, South Carolina State University, Sumter Technical College, Trident 3 Technical College, Horry-Georgetown Technical College, Technical College of the Low Country, and other South Carolina 4 institutions of higher education for the purpose of assisting students majoring in park-related fields such as park 5 management, interpretation or conservation relative to potential future employment with the State Parks Division. 6 49.6. (PRT: Employee Bonus) DELETED 7 49.7. (PRT: Flexibility in Employee Pay Increases) DELETED 8 49.8. (PRT: State Park Funding) No funds appropriated or authorized in Part IA shall be utilized for advertising by 9 the S.C. Department of Parks, Recreation and Tourism in the event that a state park is closed or management responsibility 10 is transferred to another entity without the express approval of a majority of the resident Senate and a majority of the 11 resident House members of the county delegation in which a state park is located. The department shall develop an 12 implementation plan for each park and, if an effective reduction in the level of services is planned, the department shall 13 review the changes with the county delegation in which the state park is located. 14 49.9. (PRT: PRT Report Submission) In the event that the department prepares an inventory or analysis of the state 15 parks as part of the Programs and Services Division, it shall submit a copy of the report to each member of the General 16 Assembly. 17 49.10. (PRT: General Fund Budget Detail) The Director of the Department of Parks, Recreation and Tourism shall 18 submit a line item budget for FY 98-99 to the Budget and Control Board prior to July 31, 1997. The budget will provide 19 the base data for the Department's General Fund appropriations in the FY 98-99 Appropriations Act. The Director of the 20 Department must submit a detail report of all sources of revenue and sources of funds for FY 97-98. In addition, the 21 Director must submit Board of Economic Advisors estimates for those same sources for FY 98-99. 22 23 P32 - SECTION 50 - COMMERCE, DEPARTMENT OF 24 25 50.1. (CMRC: Development - Publications Revenue) The proceeds from the sale of publications may be retained in 26 the agency's printing, binding, and advertising account to offset increased costs. 27 50.2. (CMRC: Development - Enterprise Development Inc. Contract) The Division of State Development may contract 28 with Enterprise Development, Inc. of South Carolina to provide and perform the following functions: 29 1. State Enterprise Development Strategy to include: 30 a) Technical/management assistance to emerging businesses; 31 b) Risk capital development for emerging businesses; 32 c) Incubator system (emphasis on industry and university-linked 33 incubators) to nurture high growth business ventures; 34 d) Strategic marketing to emerging businesses; 35 e) Regional enterprise development coordination. 36 2. Comprehensive approach to technology transfer to include all industries. 37 3. Educational environment for entrepreneurial development. 38 4. Statewide business information center.
P32 - SECTION 50 - COMMERCE, DEPARTMENT OF PAGE 514 1 These contractual services may be funded through the transfer of up to $550,000 of budgetary monies from the Division 2 of State Development. The corporation, as a condition of receiving the contract, must provide in its charter that the 3 Chairmen of the Senate Finance Committee and House Ways and Means Committee, or their designees, are ex-officio 4 members of the corporate board. 5 50.3. (CMRC: Economic Dev. Coordinating Council - SCIP Carry Forward) From the amount set aside in 12-27-1270, 6 the Council is authorized to use up to $60,000 to continue to contract with the Division of State Development for the 7 development of the South Carolina Infrastructure-Economic Development Planning Project (SCIP) utilizing Geographic 8 Information Systems, GIS. Any balance on June 30 of the prior fiscal year may be carried forward and expended for the 9 same purposes in the current fiscal year. 10 50.4. (CMRC: Savannah Valley - Carry Forward) The Division of Savannah Valley Development is hereby authorized 11 to carry forward unexpended funds, regardless of their origin, for the authorized purposes of the Development as specified 12 in its legislation. 13 50.5. (CMRC: Aeronautics - Civil Air Patrol) The funds appropriated in this section under program VII.T "Civil Air 14 Patrol" shall be expended by the Civil Air Patrol so as to discharge the State's obligations in conjunction with the Civil Air 15 Patrol as outlined in the SARDA Plan, the S. C. Operational Radiological Emergency Response Plan, and assist County and 16 local authorities and other State agencies insofar as permitted by the regulations governing the Civil Air Patrol. All 17 expenditures for equipment and services shall be in accordance with State fiscal policies. 18 50.6. (CMRC: Aeronautics - Reimbursement for Services Carry Forward) The Division of Aeronautics may retain and 19 expend reimbursements derived from charges to other government agencies for service and supplies for operating purposes 20 and that a reserve not to exceed $300,000 may be carried forward to the current fiscal year for the replacement of time limit 21 aircraft components. 22 50.7. (CMRC: Aeronautics - Air Force Office Space Rental) Revenue received for rental of office space to the U. S. 23 Air Force may be retained and expended to cover the cost of building operations. 24 50.8. (CMRC: Aeronautics - Cost of Utilities) The Division of Aeronautics shall not pay for all or any portion of the 25 cost of utilities at any airport or facility except for buildings occupied by the Division of Aeronautics. 26 50.9. (CMRC: Aeronautics - Funding Sequence) All General Aviation Airports will receive funding prior to the four 27 air carrier airports (i.e. Columbia, Charleston, Greenville-Spartanburg, Myrtle Beach Jetport) as these qualify for special 28 funding under the DOT/FAA appropriations based on enplanements in South Carolina. This policy may be waived to 29 provide matching State funds for critical FAA safety or capacity projects at air carrier airports. 30 50.10. (CMRC: Aeronautics - Hangar/Parking Facilities) The Division of Aeronautics will provide hangar/parking 31 facilities for government owned and/or operated aircraft on a first come basis. The funds collected are to be deposited to 32 the General Fund. The Hangar Fee Schedule shall be as follows: 33 Single Engine - $ 50.00 per month 34 Twin Engine - $ 75.00 per month 35 Jet/Turboprop - $100.00 per month 36 Helicopter - $ 75.00 per month 37 Permanent parking/tie down space will be provided at the rate of $20.00 per month for single engine aircraft, or $30.00 per 38 month for twin engine aircraft. Personnel from the agencies owning and/or operating aircraft will be responsible for ground
P32 - SECTION 50 - COMMERCE, DEPARTMENT OF PAGE 515 1 movement of their aircraft. 2 50.11. (CMRC: Aeronautics - Airport Planning/Development Studies Carry Forward) Any unexpended balance on June 3 30, of the prior fiscal year, of appropriations to the Division for airport planning and development studies may be carried 4 forward into the current fiscal year, and expended for the same purposes. 5 50.12. (CMRC: Aeronautics - Airport Development) Any line item appropriation for airports shall be disbursed for 6 eligible airport development items as approved by the Division. 7 50.13. (CMRC: Aeronautics - Clothing Allowance) The Division of Aeronautics is hereby authorized to provide pilots 8 with an annual clothing allowance (on a pro rata basis) not to exceed $400 per pilot for required clothing used in the 9 performance of their primary duty. 10 50.14. (CMRC: Contributions Carry Forward) The Department of Commerce is authorized to carry forward unexpended 11 contributions received from member agencies of the Economic Development Coordinating Council to be used for operating 12 expenses and to offset contributions in the current fiscal year. 13 50.15. (CMRC: Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, for Matching 14 National Grant Funds, may be carried forward to the current fiscal year and used for matching committed and/or 15 unanticipated grant funds. 16 50.16. (CMRC: Supplemental Carry Forward) Any unexpended funds from FY 94 Supplemental Appropriation Act 17 (#528), Section 3(11) and Section 3(42) for airport improvements may be carried forward from FY 95 into FY 96 and 18 expended for the same purpose. 19 50.17. (CMRC: Carry Forward Sale of Aircraft Proceeds) The Department of Commerce may carry forward proceeds 20 from the sale of aircraft to be used for replacement aircraft. 21 22 R04 - SECTION 54 - PUBLIC SERVICE COMMISSION 23 24 54.1. (PSC: Assessment Certification) The Public Service Commission shall certify to the Department of Revenue and 25 Taxation the amounts to be assessed to cover appropriations in this section as follows: (1) the amount applicable to the 26 assessment on public utility, telephone utility, radio common carrier and electric utility companies as provided for by Section 27 58-3-100, Code of Laws of 1976, (2) the amount to be assessed against gas utility companies as provided for in Section 58- 28 5-940, Code of Laws of 1976, (3) the amount to be assessed against electric light and power companies as provided for in 29 Sections 58-3-100 and 58-27-50, Code of Laws of 1976, and (4) the amount to be covered by revenue from motor transport 30 fees as provided for by Section 58-23-630, and other fees as set forth in Section 58-3-100, Code of Laws of 1976. The 31 amount to be assessed against railroad companies shall consist of all expenses related to the operations of the Railway 32 subprogram of the Agency's Transportation Division, to include the related distribution of salary increments and employer 33 contributions not reflected in the related subprogram of this Act as set forth in Section 58-3-100, Code of Laws of 1976. 34 54.2. (PSC: Indirect Cost) The assessment certification prepared for the Department of Revenue and Taxation shall 35 include an allocation of indirect cost as approved by the Budget and Control Board representing the Public Service 36 Commission's proportionate share of the cost of central State government. 37 54.3. (PSC: Motor Transport Fee Refund) The Motor Transport Division of the Public Service Commission is hereby 38 authorized to make refunds of fees which were erroneously collected.
R04 - SECTION 54 - PUBLIC SERVICE COMMISSION PAGE 516 1 54.4. (PSC: Certification Assessment for Commission Expenses) The Public Service Commission shall make such 2 certification as required under Section 58-3-100, Code of Laws of 1976. 3 54.5. (PSC: Attorneys Appointment) The three attorneys provided for in this section under Program I "Administration" 4 shall be appointed by the Commission with the approval of the Attorney General and be assigned to the Commission. 5 54.6. (PSC: Maximum Salary Limit) The salaries of the chairman and the commissioners as provided in this section 6 shall not be construed as limiting the maximum salary which may be paid to other employees of the Public Service 7 Commission. 8 54.7. (PSC: Commissioners Out-of-State Allowance) When out-of-state, Public Service Commissioners are allowed 9 $50.00 per diem or actual expenses as deemed reasonable by the Comptroller General. 10 54.8. (PSC: Employee Bonus) DELETED 11 12 R08 - SECTION 55 - WORKERS' COMPENSATION COMMISSION 13 14 55.1. (WCC: Physicians & Surgeons Schedule of Fees Revenue) All revenue earned from the sale of the Commission's 15 publication Schedule of Fees for Physicians and Surgeons shall be retained by the agency to be used for the printing and 16 distribution of subsequent revised editions of the schedule. 17 55.2. (WCC: Educational Seminar Revenue) Beginning in FY 94-95, all revenue earned from educational seminars 18 shall be retained by the agency to be used for the printing of educational materials and other expenses related to conducting 19 the seminar. 20 55.3. (WCC: Commissioners Out-of-State Allowance) When out-of-state, Workers' Compensation Commission 21 commissioners are allowed $50.00 per diem or actual expenses as deemed reasonable by the Comptroller General. 22 55.4. (WCC: Self-Insurance Application Fees) DELETED 23 24 R12 - SECTION 56 - ACCIDENT FUND, STATE 25 26 56.1. (SAF: Medical Claims Penalty Clause) Medical claims against the State Accident Fund shall not be subject to 27 the 30 day penalty clause as set forth in Section 17 of Act 148 of 1981 as amended by Part II, Section 9, of Act 466 of 1982, 28 until such claims are approved by the Workers' Compensation Commission and received by the Fund. 29 56.2. (SAF: Volunteer Fire/Rescue Squads Coverage) Notwithstanding any other provision of law, voluntary firemen 30 of organized volunteer fire units and members of organized volunteer rescue squads are covered under workers' 31 compensation by the county governing body unless the governing body of the county opts out of the coverage. 32 56.3. (SAF: Educational Seminar Revenue) The State Accident Fund is authorized to set and collect fees for 33 educational seminars. All revenue earned from educational seminars shall be retained by the agency and used for supplies, 34 materials, and other expenses relating to the seminars. 35 36 R20 - SECTION 59 - INSURANCE, DEPARTMENT OF 37 38 59.1. (INS: Rate Division Auto Insurers Assessment) The costs of operating the Rate Division shall be borne by
R20 - SECTION 59 - INSURANCE, DEPARTMENT OF PAGE 517 1 insurers of automobile insurance. Not later than sixty days after the effective date of this Act, the Chief Insurance 2 Commissioner shall assess each automobile insurer for its just proportion of the amount appropriated by the General 3 Assembly herein for the operation of the Rate Division, such amount to also include appropriated salary adjustments and 4 employer contributions allocable to the Rate Division. Such assessments shall be in the proportion that each insurer's 5 preceding calendar year direct written premium for automobile insurance in this State bears to the total direct written 6 premium for all insurers of automobile insurance in this State during such preceding calendar year. For purposes of this 7 section, direct written premium shall be as reflected in the latest annual statements of automobile insurers in this State filed 8 with the Commissioner. Funds appropriated by the General Assembly for the operation of the Rate Division shall be 9 advanced by the State until the assessments levied herein are collected and deposited in the General Fund of the State. 10 59.2. (INS: Examiners Travel/Subsistence Reimbursement) Notwithstanding the limitations in this Act as to amounts 11 payable or reimbursable for lodging, meals, and travel, the Department of Insurance is authorized to reimburse Department 12 examiners in accordance with guidelines established by the National Association of Insurance Commissioners only when 13 the State is reimbursed by an insurance company for the travel and subsistence expenses of Insurance Department examiners 14 pursuant to S. C. Code Section 38-13-10, 1976. 15 59.3. (INS: Reimbursement Carry Forward) Reimbursements received for Data Processing Services, Revenue, 16 Miscellaneous Revenue and Sale of Listings and Labels shall be retained for use by the Department. These funds may be 17 carried forward in the current fiscal year to be expended for the same purposes. 18 19 R23 - SECTION 60 - FINANCIAL INSTITUTIONS, STATE BOARD OF 20 21 60.1. (FI: Supervisory Fees) The Board of Financial Institutions shall fix supervisory fees of banks, savings and loan 22 associations and credit unions on a scale which, together with fees collected by the Consumer Finance Division will fully 23 cover the total funds expended under this section. 24 25 R28 - SECTION 61 - CONSUMER AFFAIRS, DEPARTMENT OF 26 27 61.1. (CA: Consumer Protection Code Violations Revenue) Funds, paid to the Department in settlement of cases 28 involving violations of the South Carolina Consumer Protection Code and other statutes enforced by the Department be 29 retained and expended within the agency's budget to help offset the costs of investigating, prosecuting, and the 30 administrative costs associated with these violations, may be carried forward and expended for the same purposes in the 31 current fiscal year. 32 61.2. (CA: Student Athlete/Agents Registration) Funds received by the Department of Consumer Affairs pursuant to 33 registrations under Chapter 102 of Title 59 of the 1976 Code may be retained by the Department for its enforcement duties 34 relating to athlete agents and student athletes under that chapter. 35 61.3. (CA: Expert Witness/Assistance Carry Forward) Unexpended encumbered appropriated funds for the Consumer 36 Advocacy expert witness/assistance program (under Section 37-6-603) may be carried forward into the next fiscal year to 37 meet contractual obligations existing at June 30, and not paid by July 31.
PAGE 518 1 R36 - SECTION 62 - LABOR, LICENSING AND REGULATIONS, DEPARTMENT OF 2 3 62.1. (LLR: Fire Marshal - Authorization to Charge Fees for Training) The Fire Academy of the State Fire Marshal 4 Division may charge participants a fee to cover the cost of education, training programs and operations. The revenue 5 generated may be applied to the cost of operations, and any unexpended balance may be carried forward to the current fiscal 6 year and utilized for the same purposes. 7 62.2. (LLR: Real Estate Research & Education Program Funds) Any funds on deposit with the State Treasurer for 8 research and education programs of the Real Estate Commission shall be remitted to the General Fund of the State. 9 62.3. (LLR: Real Estate - Research & Education Projects) All funds appropriated, in this section, for Research and 10 Education projects shall be funded wholly, out of the Real Estate Commission authorized allocation of five dollars from each 11 annual renewal fee. All funds appropriated in this section, for Research and Educational projects shall be expended for the 12 purpose designated. 13 62.4. (LLR: Real Estate News Publication) The South Carolina Real Estate News, published at least quarterly by the 14 Real Estate Commission, shall be exempt from Section 11-25-690, SC Code of Laws, (1976, as amended). 15 62.5. (LLR: Real Estate - Special Account) Revenue in the Real Estate Appraisal Registry account shall not be subject 16 to fiscal year limitations and shall carry forward each fiscal year for the designated purpose. 17 62.6. (LLR: S.C. Building Code Council) All funds received by the Building Codes & Regulatory Services for the S.C. 18 Building Code Council which exceed the total amount of expenditures for operating expenses of the Council shall be 19 deposited in the General Fund of the State. 20 62.7. (LLR: POLA - 110%, Other Funds) The Professional and Occupational Licensing Agencies in Program "IV. 21 Professional and Occupational Licensing Offices", within the Department of Labor, Licensing, and Regulation, must 22 generate revenue at least equal to 110% of their expenditures with 10% deposited to the General Fund. The Contractor's 23 Licensing Board must remit all revenues above their expenditures to the General Fund, which includes the 10%. 24 62.8. (LLR: Fallen Firefighters Memorial) The Department of Labor, Licensing and Regulations - Division of the State 25 Fire Marshal is authorized to erect a memorial on the South Carolina Fire Academy grounds in honor of the South Carolina 26 Firefighters who have died in the act of duty. In order to carry out the purpose of this section, the Department's State Fire 27 and Safety Division is authorized to establish a special account and accept gifts or grants of services, properties or monies 28 from individuals or public and private organizations. The Department shall cooperate with the S.C. State Fire Fighters 29 Chiefs Association as to design, selection and construction of the monument to be erected and shall be authorized to use such 30 funds as necessary. All excess monies collected are to be placed in a fund for upkeep and maintenance. Any later 31 contributions are to be used for upkeep and maintenance. 32 33 R44 - SECTION 63 - REVENUE, DEPARTMENT OF 34 35 63.1. (DOR: Alcoholic Liquor Revenues) Appropriations in this Act to cover the cost of the administration and 36 enforcement of alcoholic liquor laws by the Department of Revenue and Taxation and appropriations in this Act for expenses 37 of the State Law Enforcement Division - ABC Enforcement shall be deducted from the total revenues from alcoholic liquors 38 before distributions of such revenues to the counties and municipalities of the State and such amounts withheld shall be
R44 - SECTION 63 - REVENUE, DEPARTMENT OF PAGE 519 1 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 of 3 the production, purchase, handling and mailing of documents, publications, records and data sets, and such funds shall be 4 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 or 9 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 of 12 this revenue the actual costs of Bingo audit activity and of criminal record checks pursuant to the evaluation of applications 13 for bingo licenses. As to revenue derived in accordance with S.C. Code Ann. Section 12-21-2720(3), the Department of 14 Revenue may withhold the actual costs, not to exceed $250,000 per fiscal year, of video game machine audit and regulatory 15 enforcement activity by agents of the Department of Revenue. Any winnings resulting from these activities must be 16 deposited to the General Fund. The Department shall strictly enforce Regulation 117-190 in order to prevent the licensing 17 and operation of large scale video gaming operations. The Department shall coordinate with the State Law Enforcement 18 Division in the regulation of video game operations in establishments which are authorized under both Sections 12-21-2720 19 through 12-21-2808 and Title 61 of the South Carolina Code. The Department annually shall make a report to the Governor 20 and General Assembly outlining the collection activities as a result of this proviso. 21 63.5. (DOR: Court Order Funds Carry Forward) Funds awarded to the Department of Revenue and Taxation by court 22 order shall be retained in a special account and shall be carried forward from year to year, and expended as needed to 23 accomplish the purposes and conditions of said order if specified, and if not specified, as may be directed by the Tax 24 Commissioners. Director of the Department of Revenue and Taxation. 25 63.6. (DOR: Sale of Abandoned Property) In accordance with South Carolina Code Section 27-18-240, as to the 26 proceeds from the sale of abandoned property under Section 27-18-230, the Department of Revenue and Taxation may 27 deduct from any deposit to the credit of the General Fund costs in general support of the location, identification and sale 28 of abandoned property, subject to the following limitations: (a) the total deduction may not exceed 5% of the amount 29 credited to the General Fund for this revenue source in the same fiscal year, and (b) the total deduction may not exceed 30 actual costs for the same fiscal year. 31 63.7. (DOR: Assessor Training) Pursuant to the enforcement of South Carolina Code Section 12-37-110, the Property 32 Division of the Department of Revenue and Taxation may charge participants a fee to cover the cost of pertinent education 33 and training programs. The revenue generated may be applied to the cost of the related operation, and any unexpended 34 balance may be carried forward to subsequent fiscal periods and utilized for the same purpose. 35 63.8. (DOR: Professional Designation or License Cost) Whenever a professional designation or license is a 36 legislatively mandated requirement for employment by the Department of Revenue and Taxation, the Department shall be 37 responsible for the annual cost to maintain that required designation or license and provide for examination cost associated 38 with such designation or license if not outside his/her normal duties.
R44 - SECTION 63 - REVENUE, DEPARTMENT OF PAGE 520 1 63.9. (DOR: Tax Education Program) Pursuant to taxpayer educational activities stipulated and authorized by SC Code 2 Section 12-54-740, the Department of Revenue may charge participants a fee to recover the related direct costs. The revenue 3 generated from this may be applied to said cost, and any unexpended balance may be carried forward to subsequent fiscal 4 periods and used for the stated purpose. 5 63.10. (DOR: Federal Retiree Lawsuit Settlement Fund Lapse) Notwithstanding any other provision of law, the 6 Department of Revenue is hereby directed to remit to the General Fund, prior to the close of FY 95-96, the amount of 7 $508,869. This amount represents unexpended appropriations from the Federal Retiree Lawsuit Settlement Fund. 8 63.11. (DOR: Certified and Registered Postage Reimbursement) As to any notice of assessment, adjustment or penalty 9 issued under the provisions of S.C. Code Ann. Title 12 or Title 61, the Department of Revenue is authorized to add $1.50 10 from time to time to any notice of assessment, adjustment or penalty which may be required to be posted by registered or 11 certified mail, and to treat the collection of this additional $1.50, on an estimated or imputed basis, as a reimbursement of 12 the Department's expenditures for postage. 13 63.12. (DOR: Credit Card Payment of Delinquent Taxes) The Department shall have the authority to accept, on terms 14 and conditions to be established by the Department in regulations and rulings, payment of delinquent taxes by credit cards. 15 Such authority shall include a determination not to accept such payments or to permit payment only for certain classes of 16 delinquent taxes to be specified by the Department. Notwithstanding any other provision of law, the State Treasurer may 17 enter into contracts on behalf of the Department whereby the Department may accept credit card payment of delinquent 18 taxes. The Department may withhold the actual cost of processing credit card payments from deposits of the tax types 19 corresponding to the related delinquent payments, and may treat these withholdings as reimbursements of the associated 20 expenditures. 21 22 R60 - SECTION 65 - EMPLOYMENT SECURITY COMMISSION 23 24 65.1. (ESC: Salary Level) The salaries of the Chairman, the Commissioners, and the Agency Director of the 25 Employment Security Commission shall be no less than that agreed to by the United States Department of Labor. 26 65.2. (ESC: Dept. of Revenue & Taxation Access to Report) The Employment Security Commission shall allow the 27 Department of Revenue and Taxation access to the Employer's Quarterly Report and any by-product of such report. 28 65.3. (ESC: SCOICC User Fee Carry Forward) All user fees collected by the S.C. Occupational Information 29 Coordinating Committee through the Employment Security Commission may be retained by the SCOICC to be used for 30 the exclusive purpose of operating the S.C. Occupational Information System. All user fees not expended in the prior fiscal 31 year may be carried forward for use in the current fiscal year. 32 65.4. (ESC: JTPA Prior Year Payments) The Employment Security Commission shall be allowed to pay Job Training 33 Partnership Act prior year obligations with current year funds. 34 65.5. (ESC: Out-of-State Travel) When out-of-state, Employment Security Commissioners may claim the established 35 amount of per diem, as stated in the General Appropriation Act, or actual expenses as deemed reasonable by the Comptroller 36 General.
PAGE 521 1 X12 - SECTION 68A - AID TO SUBDIVISIONS - COMPTROLLER GENERAL 2 3 68A.1. (AS-CG: Salary Supplements) Of the amount appropriated in this section for Clerks of Court, Probate Judges, 4 and County Sheriffs, $4,725 shall be distributed by the Comptroller General to each County Treasurer, which shall be used 5 as a $1,575 salary supplement for each Clerk of Court, Probate Judge and County Sheriff. The amounts appropriated in this 6 section for Registers of Mesne Conveyances shall be distributed by the Comptroller General to the appropriate County 7 Treasurer, which shall be used as a $1,575 salary supplement for Registers of Mesne Conveyances. It is the intent of the 8 General Assembly that the amount appropriated for such salary supplements shall include both salary and related employer 9 contributions and such amounts shall be in addition to any amounts presently being provided by the county for these 10 positions. Any reduction by any county in the salary of the Clerks of Court, the Probate Judges, Registers of Mesne 11 Conveyances and County Sheriffs or any other reduction of expenditures in the office of the Clerks of Court, Probate Judges, 12 Registers of Mesne Conveyances and County Sheriffs shall result in a corresponding decrease of funds provided to that 13 county by the State. Payment shall be made to each County Treasurer in a single lump sum at the beginning of the fiscal 14 year and payment shall be made to the Clerks of Court, Probate Judges and County Sheriffs by the County Treasurer over 15 a twelve month period in the same manner as county salaries are paid. The State shall pay $14,864 $15,236 on the salary 16 of each County Auditor and County Treasurer in addition to any amounts presently being provided by the county for these 17 positions. It is the intent of the General Assembly that the amount appropriated by the county for these positions shall not 18 be reduced as a result of the appropriation and that such appropriation shall not disqualify each County Auditor and each 19 County Treasurer for salary increases that they might otherwise receive from county funds in the future. Any reduction by 20 any county in the salary of the County Auditor and County Treasurer shall result in a corresponding decrease of funds 21 provided to that county by the State. These salaries shall be administered by the Comptroller General's Office and paid in 22 accordance with the schedule and method of payment established for state employees. 23 24 X20 - SECTION 68B - AID TO SUBDIVISIONS - STATE TREASURER 25 26 68B.1. (Hold Harmless Local Government Formula) DELETED 27 28 X50 - SECTION 69 - TRANSPORTATION, DEPARTMENT OF 29 30 69.1. (DOT: Expenditure Authority Limitation) The Department of Transportation is hereby authorized to expend all 31 cash balances brought forward from the previous year and all income including all Federal Funds, unexpended General 32 Funds and proceeds from bond sales accruing to the Department of Transportation, but in no case shall the expenditures of 33 the Department of Transportation exceed the amount of cash balances brought forward from the preceding year plus the 34 amount of all income including Federal Funds, General Funds and proceeds from bond sales. 35 69.2. (DOT: Special Fund Authorization) The Department of Transportation with the approval of the State Treasurer, 36 is hereby authorized to set up with the State Treasurer such special funds out of the Department of Transportation funds as 37 may be deemed advisable for proper accounting purposes. 38 69.3. (DOT: Secure Bonds & Insurance) The Department of Transportation is hereby authorized to secure bonds and
X50 - SECTION 69 - TRANSPORTATION, DEPARTMENT OF PAGE 522 1 insurance covering such activities of the Department as may be deemed proper and advisable, due consideration being given 2 to the security offered and the service of claims. 3 69.4. (DOT: Statewide Cost Allocation Plan) The Department of Transportation shall pay into the General Fund of 4 the State the sum of $4,879,223 as its proportionate share of the cost of Administration of central service agencies as 5 follows: 6 7 Statewide Cost Allocation Plan: 8 Collection of Highway Revenue $ 3,069,811 9 Central Service Agency Recoveries 1,103,894 10 Other Indirect Cost Recoveries 705,518 11 12 Subtotal $ 4,879,223 13 14 The sum of $362,093 is also transferred for the support of the Highway Patrol and Motor Vehicle Licensing Division which 15 was transferred during restructuring. If fees generated by Title 56 for motor vehicle licenses exceed the BEA Fiscal Year 16 1996-97 forecast, the amount transferred may be reduced proportionately. 17 18 Highway Fund Transfer $ 362,093 19 20 Total Remittance $5,241,316 21 22 69.5. (DOT: Benefits) Employees of the Department of Transportation shall receive equal compensation increases, 23 health insurance benefits and employee bonuses provided in this Act for employees of the State generally. The amount will 24 be funded from Department of Transportation funding sources. 25 69.6. (DOT: Document Fees) The Department of Transportation is hereby authorized to establish an appropriate 26 schedule of fees to be charged for copies of records, lists, bidder's proposals, plans, maps, etc. based upon approximate 27 actual costs and handling costs of producing such copies, lists, bidder's proposals, plans, maps, etc. 28 69.7. (DOT: Commissions Per Diem, Subsistence, Mileage) Members of the Department of Transportation 29 Commission shall receive such per diem, subsistence and mileage for each official meeting as is provided by law for 30 members of boards, commissions and committees. 31 69.8. (DOT: Employ Legal/Support Staff) The Department of Transportation shall have the authority with the approval 32 of the Attorney General to employ, within existing authorized positions, necessary legal and support staff to represent the 33 Department in legal matters, including condemnation proceedings and other litigation; such representation shall be under 34 the jurisdiction and control of the Attorney General. 35 69.9. (DOT: Contract Mass Transit System) Notwithstanding any other provision of law, the Department of 36 Transportation is hereby authorized to directly contract mass transit funds with any private operator of a mass transit system 37 to provide service to the general public; provided, that a plan of service has been established and approved by the local 38 general purpose government which has jurisdiction for the area to be served, and approved by the Department, the
X50 - SECTION 69 - TRANSPORTATION, DEPARTMENT OF PAGE 523 1 Transportation Commission and the federal government. 2 69.10. (DOT: Relax Design/Construction Standards Authority) In recognition of budgetary restraints, the Department 3 of Transportation, its Commission, officers and employees, are herewith granted the discretionary authority to relax design 4 and construction standards for the current fiscal year, with respect to highway projects in the secondary State highway 5 system, and the exercise of such discretionary authority to relax design and construction standards shall not give rise to any 6 liability on the part of the Department, its Commission, officers and employees. 7 69.11. (DOT: Accounting Functions Transferred to Comptroller General and State Treasurer) The Department of 8 Transportation shall transfer $471,500 to the General Fund for the purpose of servicing the accounting and payroll functions 9 of the Comptroller General's Office. The Department of Transportation shall transfer $123,546 to the General Fund for 10 servicing the functions of the State Treasurer's Office. 11 69.12. (DOT: Employee Bonus) Notwithstanding any other provision of law, the Department of Transportation shall 12 be allowed to spend monies to provide selected employees a one-time lump sum bonus not to exceed $1,000, based on 13 objective guidelines established by the Budget and Control Board. This payment is not a part of the employee's base salary 14 and is not earnable compensation for purposes of employee and employer contributions to respective retirement systems. 15 69.13. (DOT: Consolidate Transportation Funding) The Department of Transportation shall develop a plan to 16 consolidate all sources of transportation funding throughout state government and to operate with this funding a 17 transportation system to support the specific programs from which the funding derives and the population of South Carolina 18 in general. This plan shall be submitted to the General Assembly no later than January 15, 1997. The intent of this proviso 19 is to improve access and delivery of transportation services, especially in rural areas. In developing the transportation 20 system, the Department shall work with each agency that provides funding for transportation. 21 Any agency, local government, or other entity, including non-profit organizations, using State funds or State-administered 22 Federal funds for the purpose of transporting private citizens on a regular basis, must provide the following fiscal year 23 information to the Department of Transportation, no later than the first day of October following the close of each fiscal 24 year; (a) number of vehicles used to transport passengers; (b) number of passenger seats in passenger vehicles; (c) number 25 of passenger miles provided; (d) itemized costs of providing transportation; and (e) source or sources from which funds are 26 derived. Information must be provided on a county-by-county basis in a format specified by the Department of 27 Transportation. The Department of Corrections, the Department of Education, school districts and institutions of higher 28 education are exempt from the requirements of this section. No transportation funds may be provided to any entity not in 29 compliance with the requirements of this section. 30 69.14. (DOT: Restructuring-Maintenance Activities) The Department of Transportation shall begin restructuring 31 operations so as to reduce maintenance activities performed with Department personnel and equipment. This restructuring 32 shall be completed no later than June 30, 1998. As part of this restructuring effort, the Department shall endeavor to use 33 private contractors for: bridge replacements; surface treatment (Class A surfacing/seal coating); thermo-plastic striping; 34 traffic signals; fencing; and guardrails whenever possible. 35 69.15. (DOT: Heritage Corridor Signs) Of the funds appropriated herein, $100,000 must be used by the Department 36 for fabricating and installing Heritage Corridor signs for those counties affected by this Corridor. 37 69.16. (DOT: Coordinate Transportation Funding and Resources) The Department of Transportation shall continue 38 to carry out and enhance the coordination planning and demonstration process for public transportation funding and
X50 - SECTION 69 - TRANSPORTATION, DEPARTMENT OF PAGE 524 1 resources established during the prior fiscal year. Progress reports shall be submitted to the General Assembly at two 2 intervals using the fiscal year--an interim progress report no later than January 15, 1998, and a follow-up report of 3 progress and plans for the upcoming year no later than May 15, 1998. The intent of this proviso is to improve access and 4 delivery of transportation services, especially in rural areas. In planning and developing mechanisms for increasing 5 coordination of funding streams and resources at both the state and local levels, the Department of Transportation shall 6 work with each agency that provides funding for transportation and assure input in the process from major local providers 7 of transportation services to the public, including current providers of coordinated public service. 8 Any agency, local government or other entity, including non-profit organizations, using state funds or state-administered 9 federal funds for the purpose of transporting private citizens on a regular basis, 1) must provide input and information as 10 requested by the Department of Transportation in a timely manner and in a format specified by the Department of 11 Transportation in order to update data on transportation resources for planning purposes and; 2) show evidence of progress 12 toward the development of or participation in a coordination plan. The Department of Corrections, the Department of 13 Education, school districts and institutions of higher education are exempt from the requirements of this section. No 14 transportation funds may be provided to any entity not in compliance with the requirements of this section. 15 16 X90 - SECTION 72 - GENERAL AND TEMPORARY PROVISOS 17 18 72.1. (GP: Judicial & Involuntary Commitment, Defense of Indigents) It is the responsibility of all agencies, 19 departments and institutions of state government, to provide at no cost and as a part of the regular services of the agency, 20 department or institutions such services as are necessary to carry out the provisions of Chapter 52 of Title 44 (Involuntary 21 Commitment), Article 7, Chapter 17 of Title 44 of the 1976 Code (Judicial Commitment), Chapter 3 of Title 17 of the 1976 22 Code (Defense of Indigents), and Article 1 of Chapter 3 of Title 16 of the 1976 Code (Death Penalty), as amended, upon 23 request of the Judicial Department and/or the appropriate court. To this end, state agencies are directed to furnish to the 24 Judicial Department a list of their employees who are competent to serve as court examiners. The Judicial Department shall 25 forward a copy of this list to the appropriate courts, and the courts shall utilize the services of such state employees whenever 26 feasible. State employees shall receive no additional compensation for performing such services. For the purpose of 27 interpreting this section, employees of the Medical University of South Carolina and individuals serving an internship or 28 residency as an academic requirement or employees who are not full-time state employees and who are not performing duties 29 as state employees are not considered state employees. 30 72.2. (GP: Case Service Billing Payments Prior Year) Notwithstanding any other provision of law, agencies 31 appropriated case services funds who routinely receive prior year case service billings after the old fiscal year has been 32 officially closed are authorized to pay these case service obligations with current funds. This authorization does not apply 33 to billings on hand that have been through a timely agency payment approval process when the old fiscal year closes. 34 72.3. (GP: Credit Cards for Goods & Services) Notwithstanding any other provision of law, the State Treasurer may 35 enter into contracts whereby the agency or institution may accept credit cards as payment for goods or services provided. 36 72.4. (GP: Warrant Requisitions, Deposits) The expenditure of money appropriated in this Act shall be by warrant 37 requisitions directed to the Comptroller General. Upon receipt of the requisition, accompanied by invoices or other 38 satisfactory evidence of the propriety of the payment, and itemized according to standard budget classifications, the
X90 - SECTION 72 - GENERAL AND TEMPORARY PROVISOS PAGE 525 1 Comptroller General shall issue his warrant on the State Treasurer to the payee designated in the requisition. No requisitions 2 for warrants shall be processed for any amounts less than one dollar. Upon approval and designation by the State Budget 3 and Control Board, state institutions may requisition funds in favor of their own treasurer, itemized only to the extent of the 4 purpose of the appropriation as expressed in this Act, and may deposit such funds in the name of the institution, in such bank 5 or banking institutions as shall be designated by the State Treasurer, and disburse same by check to meet the purposes of 6 the appropriation, but strict account shall be kept of all such expenditures according to standard budget classifications. All 7 money shall be drawn only when actually owing and due. The Comptroller General shall establish rules and regulations 8 for the uniform reimbursement, remittance and transfers of funds to the General Fund of the State required by law. 9 72.5. (GP: Federal Program Expenses, Lag Time) After July 1, of the current fiscal year, the Department of Health 10 and Environmental Control, Department of Mental Health, Department of Disabilities & Special Needs, Department of 11 Social Services, Department of Health and Human Services, Division on Aging, Division of Foster Care, Department of 12 Corrections, and Department of Juvenile Justice may expend if necessary, state appropriated funds for the current fiscal year 13 to cover fourth quarter Federal Programs expenses incurred in the prior fiscal year necessitated by the time lag of federal 14 reimbursement. 15 72.6. (GP: Federal Funds, Donations, Deposited in State Treasury) All Federal Funds received shall be deposited in 16 the State Treasury, if not in conflict with Federal regulations, and withdrawn therefrom as needed, in the same manner as 17 that provided for the disbursement of state funds. If it shall be determined that federal funds are not available for, or cannot 18 be appropriately used in connection with, all or any part of any activity or program for which state funds are specifically 19 appropriated in this Act to match Federal funds, the appropriated funds may not be expended and shall be returned to the 20 General Fund, except upon specific written approval of the Budget and Control Board after review by the Joint 21 Appropriations Review Committee. Donations or contributions from sources other than the Federal Government, for use 22 by any state agency, shall be deposited in the State Treasury, but in special accounts, and shall be withdrawn from the 23 treasury as needed to fulfill the purposes and conditions of the said donations, or contributions, if specified, and, if not 24 specified, as may be directed by the proper authorities of the department. The expenditure of funds by agencies of the State 25 Government from sources other than General Fund appropriations shall be subject to the same limitations and provisions 26 of law applicable to the expenditure of appropriated funds with respect to salaries, wages or other compensation, travel 27 expense, and other allowance or benefits for employees. 28 72.7. (GP: Fee Increases) (A) No state agency, department, board, committee, commission, or authority, may increase 29 an existing fee for performing any duty, responsibility, or function unless the fee for performing the particular duty, 30 responsibility, or function is authorized by statutory law and set by regulation except as provided in this paragraph. 31 (B) This paragraph does not apply to: 32 (1) state-supported governmental health care facilities; 33 (2) state-supported schools, colleges, and universities; 34 (3) educational, entertainment, recreational, cultural, and training programs; 35 (4) the State Board of Financial Institutions; 36 (5) sales by state agencies of goods or tangible products produced for or by these agencies; 37 (6) charges by state agencies for room and board provided on state-owned property; 38 (7) application fees for recreational activities sponsored by state agencies and conducted on a draw or lottery basis;
X90 - SECTION 72 - GENERAL AND TEMPORARY PROVISOS PAGE 526 1 (8) court fees or fines levied in a judicial or adjudicatory proceeding; 2 (9) the South Carolina Public Service Authority or the South Carolina Ports Authority. 3 (C) This paragraph does not prohibit a state agency, department, board, committee, or commission from increasing fees 4 for services provided to other state agencies, departments, boards, committees, commissions, political subdivisions, or fees 5 for health care and laboratory services regardless of whether the fee is set by statute. 6 (D) Statutory law for purposes of this paragraph does not include regulations promulgated pursuant to the State 7 Administrative Procedures Act. 8 72.8. (GP: State Institutions - Revenues & Income) The University of South Carolina, Clemson University, the 9 Medical University of S. C. (including the Medical University Hospital), The Citadel, Winthrop University, S. C. State 10 University, Francis Marion University, University of Charleston, Lander University and the Wil Lou Gray Opportunity 11 School shall remit all revenues and income, collected at the respective institutions, to the State Treasurer according to the 12 terms of Section 1 of this Act, but all such revenues or income so collected, except fees received as regular term tuition, 13 matriculation, and registration, shall be carried in a special continuing account by the State Treasurer, to the credit of the 14 respective institutions, and may be requisitioned by said institutions, in the manner prescribed in Section 72.5 of this Act, 15 and expended to fulfill the purpose for which such fees or income were levied, but no part of such income shall be used for 16 permanent improvements without the express written approval of the State Budget and Control Board and the Joint 17 Legislative Capital Bond Review Committee; and it is further required that no such fee or income shall be charged in excess 18 of the amount that is necessary to supply the service, or fulfill the purpose for which such fee or income was charged. 19 Notwithstanding other provisions of this act, funds at State Institutions of Higher Learning derived wholly from athletic or 20 other student contests, from the activities of student organizations, and from the operations of canteens and bookstores, and 21 from approved Private Practice plans at institutions and affiliated agencies may be retained at the institution and expended 22 by the respective institutions only in accord with policies established by the institution's Board of Trustees. Such funds shall 23 be audited annually by the State but the provisions of this Act concerning unclassified personnel compensation, travel, 24 equipment purchases and other purchasing regulations shall not apply to the use of these funds. 25 72.9. (GP: Transfers of Appropriations) Agencies and institutions shall be authorized to transfer appropriations within 26 programs and within the agency with notification to the Division of Budget and Analyses and Comptroller General. No such 27 transfer may exceed twenty percent of the program budget. Upon request, details of such transfers may be provided to 28 members of the General Assembly on an agency by agency basis. Transfers of appropriations from personal service 29 accounts to other operating accounts or from other operating accounts to personal service accounts may be restricted to any 30 established standard level set by the Budget and Control Board upon formal approval by a majority of the members of the 31 Budget and Control Board. 32 72.10. (GP: Bank Procedures - State Treasury A Bank) In any instances where Federal laws or regulations, relating to 33 funds allotted to State Government agencies, include requirements relating to banking procedures, the State Treasury shall 34 be deemed to meet the definition of a bank. 35 72.11. (GP: Federal Funds - DHEC, DSS, DHHS, Aging - Disallowances) Amounts appropriated to the Department 36 of Health and Environmental Control, Department of Social Services, Department of Health and Human Services, and 37 Division on Aging may be expended to cover program operations of prior fiscal years where adjustment of such prior years 38 are necessary under federal regulations or audit exceptions. All disallowances or notices of disallowances by any federal
X90 - SECTION 72 - GENERAL AND TEMPORARY PROVISOS PAGE 527 1 agency of any costs claimed by these agencies shall be submitted to the State Auditor, the Senate Finance Committee and 2 the House Ways and Means Committee, within five days of receipt of such actions. 3 72.12. (GP: Family Foster Care Payments) The Department of Disabilities & Special Needs, Department of Social 4 Services, and Department of Juvenile Justice shall furnish as Family Foster Care payments for individual foster children 5 under their sponsorship: 6 ages 0 - 5 $212 per month 7 ages 6 - 12 $239 per month 8 ages 13 + $305 per month 9 These specified amounts are for the basic needs of the foster children. Basic needs within this proviso are identified as food 10 (at home and away), clothing, housing, transportation, education and other costs as defined in the U.S. Department of 11 Agriculture study of "Annual Cost of Raising a Child to Age Eighteen". Further, each agency shall identify and justify, as 12 another line item, all material and/or services, in excess of those basic needs listed above, which were a direct result of a 13 professional agency evaluation of clientele need. Legitimate medical care in excess of Medicaid reimbursement or such care 14 not recognized by Medicaid may be considered as special needs if approved by the sponsoring/responsible agency and shall 15 be reimbursed by the sponsoring agency in the same manner of reimbursing other special needs of foster children. 16 72.13. (GP: Fixed Student Fees) During the current fiscal year, student fees at the State institutions of higher learning 17 shall be fixed by the respective Boards of Trustees as follows: 18 (1) Fees applicable to student housing, dining halls, student health service, parking facility, laundries and all other 19 personal subsistence expenses shall be sufficient to fully cover the total direct operating and capital expenses of providing 20 such facilities and services over their expected useful life except those operating or capital expenses related to the removal 21 of asbestos. 22 (2) Student Activity Fees may be fixed at such rates as the respective Boards shall deem reasonable and necessary. 23 72.14. (GP: Tech Educ. Colleges Student Activity Fees) Notwithstanding any other provisions of this Act, funds at 24 Technical Education Colleges derived wholly from the activities of student organizations and from the operations of 25 canteens and bookstores may be retained by the college and expended only in accord with policies established by the 26 respective college's Area Commission and approved by the State Board for Technical and Comprehensive Education. 27 72.15. (GP: Educational Fee Waivers) The institutions of higher education Senior colleges, universities and technical 28 colleges may offer educational fee waivers to no more than two percent of the undergraduate student body. 29 72.16. (GP: Human Services Coordinating Council) The General Assembly finds that the operation of health and human 30 services may be enhanced by closer working relationships among agencies at the state and local level. The General 31 Assembly finds that coordination at both levels provides opportunities to serve the citizens of South Carolina better through 32 (1) continued expansion of services integration and (2) stronger communication among agencies delivering services. 33 In order to assist in, recommend, develop policy for, and supervise the expenditure of funds for the continuation of 34 service integration in South Carolina, there is created a Human Services Coordinating Council, hereinafter, entitled the 35 Council. The Council shall consist of: 36 (1) The Director or Chief Executive Officer of each of the following: Division on Aging, Department of Alcohol 37 and Other Drug Abuse Services, Commission for the Blind, Division for the Review of Foster Care of Children, Department 38 of Education, Department of Health and Environmental Control, Department of Health and Human Services, Department
X90 - SECTION 72 - GENERAL AND TEMPORARY PROVISOS PAGE 528 1 of Juvenile Justice, Division of Veterans' Affairs, John De La Howe School, Department of Mental Health, Department of 2 Disabilities and Special Needs, School for the Deaf and the Blind, Department of Social Services, Department of Vocational 3 Rehabilitation, Guardian ad Litem Program, Division of Continuum of Care, Educational Television, Wil Lou Gray 4 Opportunity School, Department of Corrections, Probation, Parole and Pardon Services and the State Housing Finance and 5 Development Authority. 6 (2) The Governor or his designee. 7 (3) Other such members as the Council shall deem appropriate. 8 The Council shall: 9 (1) Select a Director or Chief Executive Officer on an annual basis to serve as the Council Chairperson. The Council 10 Chairperson shall be elected at the first quarterly meeting of the Council at the beginning of each new state fiscal year. 11 Nominees for this office must be members of the Council. The Chairperson of the Council can succeed himself in that 12 specific position no more than three times. In the event that this office becomes vacant, the Executive Committee of the 13 Council shall appoint a member of the Council to fill the unexpired term of the office. 14 (2) Meet regularly to provide an opportunity for collaboration and cooperation among member agencies. 15 The Council shall have as its goals: 16 (1) Identify and address priority health and human needs and promote the availability of responsive resources. 17 (2) Promote cost-effective, efficient approaches for the delivery of health and human services which include 18 prevention, education, reduction of dependency, promotion of self-sufficiency and delivery of services in the least restrictive, 19 most appropriate community-based and institutional settings. 20 (3) Provide coordination between the Council members and the Office of the Governor in the development of the 21 comprehensive State Health and Human Services Plan. 22 (4) In cooperation with the Department of Health and Human Services, coordinate and oversee efforts to integrate 23 services information among state agencies and between state and local agencies. 24 (5) Review and monitor service integration efforts begun by the Human Services Integration Projects, and including: 25 (a) Developing standards for case management activities and coordinating with local entities on service 26 integration efforts, and 27 (b) Receiving requests for funding of projects designed to further integration of services, including review and 28 approval of such projects. 29 Member agencies and departments of the Council shall collect and provide client information, including Social Security 30 Number, for the Client Masterfile System, and for development and use of a uniform client application database for 31 statistical purposes and for improving human services delivery systems for South Carolinians. For purposes of this sub- 32 section, the State, rather than an individual agency, will be the owner of the data. All individual client information submitted 33 by participating agencies or departments will be regarded as confidential; the information collected may not be released, 34 under any circumstances, to entities or individuals outside the Client Masterfile System, State Data Oversight Council, or 35 client application database unless release is made of aggregate statistical information so that no individual client may be 36 identified. No data submitted may be released by the Client Masterfile System except in a format approved by the Council. 37 For the purposes of this sub-section only, all State laws, regulations, or any rule of any State agency, department, board, or 38 commission having the effect or force of law that prohibits or is inconsistent with any provision of this sub-section is hereby
X90 - SECTION 72 - GENERAL AND TEMPORARY PROVISOS PAGE 529 1 declared inapplicable to this sub-section. Each member agency or department of the Council shall be required to take all 2 steps reasonably necessary to effectuate the waiver of federal rules, regulations, or statutes or the elimination of other factors 3 that interfere with collection or use of data by the Client Masterfile System or client application database. Those steps shall 4 include but not be limited to, the seeking of federal legislation, the negotiation of agreements between the Council or State 5 and any federal agency or board, the application for the waiver of any federal rule, regulation or statute, and the seeking of 6 client's permission to share data. The Human Services Coordinating Council shall assume the duties and responsibilities 7 of the Aging Coordinating Council and the Long Term Care Council as specified in Sections 43-21-120 through 43-21-140. 8 The Council shall establish a long term care standing committee and include on the committee a representative of the long 9 term care industry, a representative of the insurance industry, and a representative of the general public. 10 72.17. (GP: Employer Contributions Cost of Agencies) It is the intent of the General Assembly that the amount so 11 provided to each agency or institution for employee benefits shall be sufficient to pay the employer contribution costs of 12 that agency. The Budget and Control Board is directed to devise a plan for the expenditure of the funds appropriated for 13 employer contributions and may require transfers of funds within an agency or institution if it becomes evident that the 14 employer contribution costs will exceed the funds available for that purpose. 15 72.18. (GP: Dual Employment) Any employee who is approved for dual employment must be paid in a timely manner. 16 The secondary agency is required to make payment of funds approved for and earned under dual employment within 17 fortyfive days of the beginning of the employment. 18 72.19. (GP: Payroll Schedule & Compensation Restrictions) Except as otherwise provided in this Act, all appropriations 19 for compensation of State Employees shall be paid in twice-monthly installments to the person holding such position. In 20 order to provide a regular and permanent schedule for payment of employees, it is hereby established that the payroll period 21 shall begin on June 2, of the prior fiscal year with the first pay period ending on June 16, of the prior fiscal year. The payroll 22 period shall continue thereafter on a twice-monthly schedule as established by the Budget and Control Board. It is the intent 23 of the General Assembly that this schedule, thus established, will continue from one fiscal year to another without 24 interruption, on a twice monthly basis. The Budget and Control Board is authorized to approve any changes to this schedule 25 where circumstances are deemed justifiable. 26 The appropriated salaries for specified positions shall mean the maximum compensation for such position, except as 27 specifically provided in other provisions of this act, and in any case where the head of any department can secure the 28 services for a particular position or work at a lower rate than the salary specified in this Act, authority for so doing is hereby 29 given. 30 No employee of any state department or institution shall be paid any compensation from any other department of the state 31 government except those approved under the provisions of Regulation 19-702.09 of the 1976 Code, as amended, and no 32 employee of any department or institution shall be paid travel expenses by any other department or institution without 33 approval of the agency by which he is regularly employed. The Comptroller General shall report, after June thirtieth of each 34 year, to the Senate Finance Committee and the House Ways and Means Committee the names of all employees receiving 35 dual compensation and the amounts received. 36 The provisions of Regulation 19-707.02 and Section 8-5-10 of the 1976 Code, as amended, shall not apply to employees 37 hired for 120 days or less. 38 72.20. (GP: Discrimination Policy) It is the policy of the State of South Carolina to recruit, hire, train, and promote
X90 - SECTION 72 - GENERAL AND TEMPORARY PROVISOS PAGE 530 1 employees without discrimination because of race, color, sex, national origin, age, religion or physical disability. This 2 policy is to apply to all levels and phases of personnel within state government, including but not limited to recruiting, 3 hiring, compensation, benefits, promotions, transfers, layoffs, recalls from layoffs, and educational, social, or recreational 4 programs. It is the policy of the State to take affirmative action to remove the disparate effects of past discrimination, if any, 5 because of race, color, sex, national origin, age, religion or physical disability. 6 Each state agency shall submit to the State Human Affairs Commission employment and filled vacancy data by race and 7 sex by October 31, of each year. 8 In accordance with Section 1-13-110 of the South Carolina Code of Laws of 1976, as amended, the Human Affairs 9 Commission shall submit a report on the status of State Agencies' Affirmative Action Plans and Programs to the General 10 Assembly by February 1 each year. This report shall contain the total number of persons employed in each job group, by 11 race and sex, at the end of the preceding reporting period, a breakdown by race and sex of those hired or promoted from 12 within the agency during the reporting period, and an indication of whether affirmative action goals were achieved. For each 13 job group referenced in the Human Affairs report, where the hiring of personnel does not reflect the percentage goals 14 established in the agency's affirmative action plan for the year in question, the State agency shall submit a detailed 15 explanation to the Human Affairs Commission by February 15, explaining why goals were not achieved. 16 The Human Affairs Commission shall review the explanations and notify the Budget and Control Board of any agency 17 not in satisfactory compliance with meeting its stated goals. 18 The Budget and Control Board shall notify any agency not in compliance that their request for additional appropriations 19 for the current appropriation cycle, may not be processed until such time as the Budget and Control Board, after consultation 20 with the Human Affairs Commission, is satisfied that the agency is making a good faith effort to comply with its affirmative 21 action plan, and that the compliance must be accomplished within a reasonable length of time to be determined by the 22 mission and circumstances of the agency. This requirement shall not affect additional appropriation requests for public 23 assistance payments or aid to entities. This section does not apply to those agencies that have been exempted from the 24 reporting requirements of the Human Affairs Commission. 25 72.21. (GP: RIF, Recall Procedures, Residency Preference) Notwithstanding any other provision of law, when a 26 vacancy occurs in a state agency, other than institutions of higher education, or when an agency acts to fill a new position, 27 the agency shall give preference to residents of this State, if the two are equally qualified for the vacancy or new position. 28 72.22. (GP: Temporary Grant Funded or Time Limited Funded Positions) Notwithstanding any other provision of 29 law or this Act, state agencies and institutions may, at their discretion, hire employees to fill temporary grant positions 30 specified in federal grants, public charity grants, private foundation grants, research grants and positions with time limited 31 funding approved or authorized by the appropriate state authority in accordance with the following provisions: 32 A. Only those funds authorized within the approved federal grant, public charity grant, private foundation grant, 33 research grant, or time limited funds for a specified project can be used to pay the salaries and/or benefits of temporary 34 employees hired under this provision. 35 B. Temporary grant or time limited positions, employees, and the conditions of their employment shall be reported 36 in accordance with provisions developed by the Division of Budget and Analyses of the Budget and Control Board. 37 C. Positions established under this provision must be limited to and must not exist beyond the duration of the time 38 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 PROVISOS PAGE 531 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 8-17- 3 380 of the 1976 Code, as amended. State agencies and institutions must terminate all temporary grant or time limited project 4 positions at any time funding is terminated or is insufficient to continue payments under the conditions of the grant or time 5 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 within 8 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 grant 10 or time limited project employee shall not be entitled to any compensation beyond the date of termination, other than for 11 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 the 15 control of the number of personnel employed by the State of South Carolina. This concern is evidenced in the 1980 Public 16 Employment Report of the United States Bureau of Census. It is further declared to be the intent of the General Assembly 17 to continue to take positive steps to reduce the number of personnel employed in the future, without unduly hampering the 18 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 directed 20 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 from 22 State sources as provided in each section of this Act except by majority vote of the Budget and Control Board. Specific 23 written confirmation of such majority approval shall be forwarded to the Joint Appropriations Review Committee in the 24 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 Division 28 of Budget and Analyses shall submit monthly reports to the Joint Appropriations Review Committee and such reports shall 29 include any changes in the authorized number of full-time equivalent positions, the number of filled and vacant positions 30 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 later, 32 each agency of the State must have established on the Budget and Control Board records all positions authorized in the Act. 33 After that date, the Board shall delete any non-established positions immediately from the official record of authorized full- 34 time equivalent positions. No positions shall be established by the Board in excess of the total number authorized in the 35 Board record of authorized full-time equivalent positions. Each agency may, upon notification to the Budget and Control 36 Board, change the funding source of State FTE positions established on the Budget and Control Board records as necessary 37 to expend federal and other sources of personal service funds in an effort to conserve or stay within the state appropriated 38 personal service funds. Each agency may, upon notification to the Budget and Control Board, transfer FTEs between
X90 - SECTION 72 - GENERAL AND TEMPORARY PROVISOS PAGE 532 1 programs as needed to accomplish the agency mission. No agency shall change funding sources that will cause the agency 2 to exceed the authorized number of state or total full-time equivalent positions. 3 (b) By September 30, the Board shall prepare a personal service detail, by agency, which shows each position 4 established for the fiscal year and the amount of funds required, by source of funds, to support the position for the fiscal year 5 at a funding level of 100% and the Board shall then reconcile each agency's personal service detail with the agency's 6 personal service appropriation as contained in the Act adjusted for any pay increases, and any other factors necessary to 7 reflect the agency's personal service funding level. The Board shall provide a copy of each agency's personal service 8 reconciliation to the Senate Finance and House Ways and Means Committees. 9 (c) Any position which is shown by the reconciliation to be unfunded or significantly underfunded may be 10 deleted at the direction of the Budget and Control Board . 11 (d) Full-time equivalent (FTE) positions shall be determined under the following guidelines: 12 1. The annual work hours for each FTE shall be the agency's full-time standard annual work hours. 13 2. The State FTE shall be derived by multiplying the state percentage of budgeted funds for each position 14 by the FTE for that position. 15 3. All institutions of higher education shall use a value of 0.75 FTE for each position determined to be full- 16 time faculty with a duration of nine (9) months. 17 The FTE method of accounting shall be utilized for all authorized positions. 18 3. That the number of positions authorized in this Act shall be reduced in the following circumstances: 19 (a) Upon request by an agency. 20 (b) When anticipated federal funds are not made available. 21 (c) When the Budget and Control Board, through study or analysis, becomes aware of any unjustifiable excess 22 of positions in any state agency. 23 4. The Budget and Control Board shall annually reconcile personal service funds with full-time employee count to 24 determine unfunded positions which will be eliminated no later than January 15 of the current fiscal year unless specifically 25 exempted elsewhere in this act or by the State Budget and Control Board. The State Budget and Control Board must report 26 the full-time employee count and unfunded position status to the Senate Finance Committee and the Ways and Means 27 Committee by February 1 of the current fiscal year. 28 5. That no new permanent positions in state government shall be funded by appropriations in acts supplemental to 29 this Act but temporary positions may be so funded. 30 6. The provisions of this section shall not apply to personnel exempt from the State Classification and Compensation 31 Plan under Item I of Section 8-11-260 of the 1976 Code. 32 The Governor, in making his appropriation recommendations to the Ways and Means Committee, must provide that the 33 level of personal service appropriation recommended for each agency is at least 97% of the funds required to meet 100% 34 of the funds needed for the full-time equivalents positions recommended by the Governor (exclusive of new positions). 35 72.24. (GP: Allowance for Residences & Compensation Restrictions) That salaries paid to officers and employees 36 of the State, including its several boards, commissions, and institutions shall be in full for all services rendered, and no 37 prerequisites of office or of employment shall be allowed in addition thereto, but such prerequisites, commodities, services 38 or other benefits shall be charged for at the prevailing local value and without the purpose or effect of increasing the
X90 - SECTION 72 - GENERAL AND TEMPORARY PROVISOS PAGE 533 1 compensation of said officer or employee. The charge for these items may be payroll deducted at the discretion of the 2 Comptroller General or the chief financial officer at each agency maintaining its own payroll system. This shall not apply 3 to the Governor's Mansion, nor for department-owned housing used for recruitment and training of Mental Health 4 Professionals, nor to guards at any of the State's penal institutions and nurses and attendants at the Department of Mental 5 Health, and the Department of Disabilities & Special Needs, and registered nurses providing clinical care at the MUSC 6 Medical Center, nor to the Superintendent and staff of John de la Howe School, nor to the cottage parents and staff of Wil 7 Lou Gray Opportunity School, nor to full-time or part-time staff who work after regular working hours in the SLED 8 Communications Center or Maintenance Area, nor to the Directors of John G. Richards Campus, Willow Lane Campus, and 9 the Reception and Evaluation Center at the Department of Juvenile Justice nor to the Residence Dormitory Director and the 10 Assistant Residence Director at the Governor's School for Science and Mathematics. The Presidents of those State 11 institutions of higher learning authorized to provide on-campus residential facilities for students may be permitted to occupy 12 residences on the grounds of such institutions without charge. 13 Any state institution of higher learning may provide a housing allowance to the President in lieu of a residential facility, 14 the amount to be approved by the Budget and Control Board. 15 That the following may be permitted to occupy residences owned by the respective Departments without charge: the 16 Commissioner of the Department of Corrections, the Director of the Department of Mental Health, the Farm Director, Farm 17 Managers, and Specialists employed at the Wateree River Correctional Institution, Walden Correctional Institution, 18 MacDougall Youth Correctional Center, and Givens Youth Correctional Center; the S. C. State Commission of Forestry fire 19 tower operators, forestry aides, and caretaker at central headquarters; the Department of Natural Resources' Game 20 Management Personnel, Fish Hatchery Superintendents, Lake Superintendent, and Fort Johnson Superintendent; the 21 Department of Parks, Recreation and Tourism field personnel in the State Parks Division; the Agricultural Aide at the 22 Department of Juvenile Justice Farm; Director of Wil Lou Gray Opportunity School; President of the School for the Deaf 23 and the Blind; houseparents for the Commission for the Blind; S.C. Department of Health and Environmental Control 24 personnel at the State Park Health Facility and Camp Burnt Gin; Assistant Director of Residence Life and a student 25 counselor at Lander University; Clemson University's Head Football Coach; the Department of Disabilities & Special Needs' 26 physicians and other professionals at Whitten Center, Clemson University Off-Campus Agricultural Staff and Housing Area 27 Coordinators; and University of South Carolina's Manager of Bell Camp Facility, Housing Maintenance Night Supervisors, 28 Residence Life Directors, temporary and transition employees, and emergency medical personnel. Except in the case of 29 elected officials, the fair market rental value of any residence furnished to a State Employee shall be reported by the State 30 Agency furnishing the residence to the Agency Head Salary Commission by October 1, of each fiscal year. 31 All salaries paid by departments and institutions shall be in accord with a uniform classification and compensation plan, 32 approved by the Budget and Control Board, applicable to all personnel of the State Government whose compensation is not 33 specifically fixed in this act. Such plan shall include all employees regardless of the source of funds from which payment 34 for personal service is drawn. The Division of Budget and Analyses of the Budget and Control Board is authorized to 35 approve temporary salary adjustments for classified and unclassified employees who perform temporary duties which are 36 limited by time and/or funds. When approved, a temporary salary adjustment shall not be added to an employee's base salary 37 and shall end when the duties are completed and/or the funds expire. Academic personnel of the institutions of higher 38 learning and other individual or group of positions that cannot practically be covered by the plan may be excluded therefrom
X90 - SECTION 72 - GENERAL AND TEMPORARY PROVISOS PAGE 534 1 but their compensations as approved by the Division of Budget and Analyses shall, nevertheless, be subject to review by 2 the Budget and Control Board. Salary appropriations for employees fixed in this Act shall be in full for all services 3 rendered, and no supplements from other sources shall be permitted or approved by the State Budget and Control Board. 4 With the exception of travel and subsistence, legislative study committees shall not compensate any person who is otherwise 5 employed as a full-time state employee. Salaries of the heads of all agencies of the State Government shall be specifically 6 fixed in this Act and no salary shall be paid any agency head whose salary is not so fixed. Commuter mileage on non- 7 exempt state vehicles shall be considered as income and reported by the Comptroller General in accordance with IRS 8 regulations. As long as there is no impact on appropriated funds, state agencies and institutions shall be allowed to spend 9 public funds and/or other funds for designated employee award programs which shall have written criteria approved by the 10 agency governing board or commission. For purposes of this section, monetary awards, if any, shall not be considered a 11 part of an employee's base salary, a salary supplement, or a prerequisite of employment. The names of all employees 12 receiving monetary awards and the amounts received shall be reported annually to the South Carolina Division of Budget 13 and Analyses. 14 In the case of lodging furnished by certain higher education institutions to employees, the prevailing local rate does not 15 apply if the institution meets the exceptions for inadequate rent described in the current Internal Revenue Code Section 16 119(d)(2). To meet the exception, rental rates must equal the lesser of five percent of the appraised value of the qualified 17 campus lodging, or the average of the rentals paid by individuals (other than employees or students of the educational 18 institution) during the calendar year for lodging provided by the educational institution which is comparable to the qualified 19 campus lodging provided to the employee, over the rent paid by the employee for the qualified campus lodging during the 20 calendar year. The appraised value shall be determined as of the close of the calendar year in which the taxable year 21 begins, or, in the case of a rental period not greater than one year, at any time during the calendar year in which the period 22 begins. 23 72.25. (GP: MUSC Hospital Services Rates) The Board of the Medical University of South Carolina shall provide 24 hospital services to state employees and officials of state government at a rate not to exceed the payment rates to hospitals 25 provided by the employee's insurance program(s). Private physician fees, psychiatry, and all dental are not included. 26 72.26. (GP: Universities & Colleges - Allowance for Presidents) Presidents of the University of South Carolina, 27 Clemson University, the Medical University of South Carolina, The Citadel, Winthrop University, South Carolina State 28 University, Francis Marion University, University of Charleston, and Lander University must not be paid a fixed allowance 29 for personal expenses incurred in connection with the performance of their official duties. Reimbursements may be made 30 to the Presidents from funds available to their respective institutions for any personal expenses incurred provided that all 31 requests for reimbursement are supported by properly documented vouchers processed through the normal accounting 32 procedures of the institutions. 33 72.27. (GP: Replacement of Personal Property) The Department of Juvenile Justice, Department of Corrections, 34 Probation, Parole and Pardon Services, Department of Mental Health, Department of Disabilities & Special Needs and 35 School for the Deaf and the Blind may replace the personal property of an employee which has been damaged or destroyed 36 by a client while in custody of the agency. The replacement of personal property may be made only if the loss has resulted 37 from actions by the employee deemed to be appropriate and in the line of duty by the agency head and if the damaged or 38 destroyed item is found by the agency head to be reasonable in value, and necessary for the employee to carry out the
X90 - SECTION 72 - GENERAL AND TEMPORARY PROVISOS PAGE 535 1 functions and duties of his employment. Replacement of damaged or destroyed items shall not exceed $250 per item, per 2 incident. Each agency must have guidelines to insure the reasonableness of the replacement payments. 3 72.28. (GP: Law Enforcement Officer Retiree Weapon Purchase) All state employees, who are commissioned law 4 enforcement officers upon retirement, if vested, may purchase their assigned weapon at a reasonable fee. 5 72.29. (GP: Business Expense Reimbursement) Agency heads and Deputy Commissioners or Deputy Directors 6 designated by Agency heads may receive reimbursements for business expenses incurred while performing their official 7 duties, provided that receipts are presented when seeking reimbursement and justification is submitted to document the time, 8 place, and purpose of the expense as well as the names of the individuals involved. The Budget and Control Board shall 9 promulgate regulations governing these expenses. 10 72.30. (GP: Per Diem) The per diem allowance of all boards, commissions and committees shall be at the rate of 11 Thirty-five ($35) Dollars per day. No full-time officer or employee of the State shall draw any per diem allowance for 12 service on such boards, commissions or committees. 13 72.31. (GP: Travel Spouse of Governor & Lt. Governor) Notwithstanding any other provision of law, the spouses 14 of the Governor and the Lieutenant Governor of the State are authorized to receive reimbursement of actual expenses when 15 accompanying the Governor or the Lieutenant Governor on official state business. 16 72.32. (GP: Travel - Subsistence Expenses & Mileage) Travel and subsistence expenses, whether paid from State 17 appropriated, Federal, local or other funds, shall be allowed in accordance with the following provisions: 18 A. Unless otherwise provided in paragraphs B through H of this section, all employees of the State of South Carolina 19 or any agency thereof including employees and members of the governing bodies of each technical education center while 20 traveling on the business of the State shall, upon presentation of a paid receipt, be allowed reimbursement for actual 21 expenses incurred for lodging. Agencies may contract with lodging facilities to pay on behalf of an employee. Failure to 22 maintain proper control of direct payments for lodging may result in the revocation of the agency's authority by the 23 Comptroller General or the State Auditor. The employee shall also be reimbursed for the actual expenses incurred in the 24 obtaining of meals except that such costs shall not exceed ($20) ($25) per day within the State of South Carolina. For travel 25 outside of South Carolina the maximum daily reimbursement for meals shall not exceed ($32). Agencies may contract with 26 food or dining facilities to pay for meals on behalf of employees in accordance with rules and regulations established by 27 the Budget and Control Board. It shall be the responsibility of the agency head to monitor the charges for lodging which 28 might be claimed by his employees in order to determine that such charges are reasonable, taking into consideration location, 29 purpose of travel or other extenuating circumstances. The provisions of this item shall not apply to Section 42-3-40 of the 30 1976 Code. 31 B. That employees of the State, when traveling outside the United States, Canada, and Puerto Rico upon promotional 32 business for the State of South Carolina shall be entitled to actual expenses for both food and lodging. 33 C. The Governor, Lieutenant Governor, Secretary of State, Comptroller General, Attorney General, State Treasurer, 34 Adjutant General, Superintendent of Education and the Commissioner of Agriculture shall be reimbursed actual expenses 35 for subsistence. 36 D. Non-legislative members of committees appointed pursuant to Acts and Resolutions of the General Assembly 37 whose membership consists solely of members of the General Assembly or members of the General Assembly and other 38 personnel who are not employees of the State of South Carolina shall be allowed subsistence expenses of $35 per day while
X90 - SECTION 72 - GENERAL AND TEMPORARY PROVISOS PAGE 536 1 traveling on official business. Members of such committees may opt to receive actual expenses incurred for lodging and 2 actual expenses incurred in the obtaining of meals in lieu of the allowable subsistence expense. 3 E. Members of the State Boards, Commissions, or Committees whose duties are not full-time and who are paid on 4 a per diem basis, shall be allowed reimbursement for actual expenses incurred at the rates provided in Paragraph A and I 5 of this Section while away from their places of residence on official business of the State. One person accompanying a 6 handicapped member of a State Board, Commission, or Committee on official business of the State shall be allowed the 7 same reimbursement for actual expenses incurred at the rates provided in Paragraph A through I of this Section. 8 F. No subsistence reimbursement shall be allowed to a Justice of the Supreme Court or Judge of the Court of Appeals 9 while traveling in the county of his official residence. When traveling on official business of said court within 50 miles 10 outside the county of his official residence, a Supreme Court Justice and a Judge of the Court of Appeals shall be allowed 11 subsistence expenses in the amount of $35 per day plus such mileage allowance for travel as is provided for other employees 12 of the State. When traveling on official business of said Court 50 or more miles outside the county of his official residence, 13 each Justice and Judge of the Court of Appeals shall be allowed subsistence expenses in the amount as provided in this Act 14 for members of the General Assembly plus such mileage allowance for travel as is provided for other employees of the State. 15 The Chief Justice, or such other person as he designates, while attending the Conference of Chief Justices and one member 16 of the Supreme Court while attending the National Convention of Appellate Court Judges, and three Circuit Judges while 17 attending the National Convention of State Trial Judges shall be allowed actual subsistence and travel expenses. 18 Upon approval of the Chief Justice, Supreme Court Justices, Judges of the Court of Appeals, Circuit Judges, and Family 19 Court Judges shall be reimbursed for actual expenses incurred for all other official business requiring out-of-state expenses 20 at the rate provided in paragraph A of this section. 21 G. No subsistence reimbursements are allowed to a Circuit Judge, a Family Court Judge, or an Administrative Law 22 Judge while holding court within the county in which he resides. While holding court or on other official business outside 23 the county, within fifty miles of his residence, a Circuit Court Judge, Family Court Judge, or an Administrative Law Judge 24 is entitled to a subsistence allowance in the amount of $35 per day. While holding court or on other official business at a 25 location fifty miles or more from his residence, a Circuit Court, Family Court or Administrative Law Judge is entitled to 26 a subsistence allowance in the amount as provided in this Act for members of the General Assembly. 27 H. Any retired Justice, Circuit Court Judge or Family Court Judge or Master-in-Equity appointed by the Supreme 28 Court to serve as a Special Circuit Judge, Family Court Judge, Appeals Court Judge, or Acting Associate Justice shall serve 29 without pay but shall receive the same allowance for subsistence, expenses, and mileage as provided in Part I for Circuit 30 Court Judges. 31 I. No expense shall be allowed an employee either at his place of residence or at the official headquarters of the 32 agency by which he is employed except as provided in paragraph E, of this section. When an employee is assigned to work 33 a particular territory or district, and such territory or district and his official headquarters are in different localities or sections 34 of the State, expenses may be allowed for the necessary travel to his official headquarters. The members of the Workers' 35 Compensation Commission, Public Service Commission and the Employment Security Commission may be reimbursed 36 at the regular mileage rate of one round trip each week from their respective homes to Columbia. No subsistence 37 reimbursement shall be allowed to a member of the Workers' Compensation Commission, Public Service Commission or 38 the Employment Security Commission while traveling in the county of his official residence. When traveling on official
X90 - SECTION 72 - GENERAL AND TEMPORARY PROVISOS PAGE 537 1 business of the Commission within 50 miles outside the county of his official residence, a member of the Workers' 2 Compensation Commission, Public Service Commission or the Employment Security Commission shall be allowed 3 subsistence expenses in the amount of $35 per day. When traveling on official business of the Commission 50 or more miles 4 outside the county of his official residence, each member shall be allowed a subsistence allowance in the amount as provided 5 in this act for members of the General Assembly. When out-of-state, members of the Workers' Compensation Commission, 6 Public Service Commission and the Employment Security Commission may claim the established amount of per diem, as 7 stated in the General Appropriation Act, or actual expenses as deemed reasonable by the Comptroller General. 8 J. When an employee of the State shall use his or her personal automobile in traveling on necessary official business, 9 a charge of 25.5 31.5 cents per mile will be allowed for the use of such automobile and the employee shall bear the expense 10 of supplies and upkeep thereof. Whenever State provided motor pool vehicles are reasonably available and their use is 11 practical and an employee of the State shall request for his own benefit to use his or her personal vehicle in traveling on 12 necessary official business, a charge of 21.5 27.5 cents per mile will be allocated for the use of such vehicle and the 13 employee shall bear the expense of supplies and upkeep thereof. When such travel is by a State-owned automobile, the State 14 shall bear the expense of supplies and upkeep thereof but no mileage will be allowed. Agencies and employees are directed 15 to use State fueling facilities to the maximum extent possible, when such use is cost beneficial to the State. When using 16 commercial fueling facilities, operators of State-owned vehicles are directed to use self-service pumps. In traveling on the 17 business of the State, employees are required to use the most economical mode of transportation, due consideration being 18 given to urgency, schedules and like factors. 19 Mileage between an employee's home and his/her place of employment is not subject to reimbursement. However, when 20 an employee leaves on a business trip directly from his/her home, and does not go by the employee's headquarters, the 21 employee shall be eligible for reimbursement for actual mileage beginning at his/her residence. 22 K. That a State agency may advance travel and subsistence expense monies to employees of that agency for the 23 financing of ordinary and necessary travel required in the conducting of the business of the agency. The Budget and Control 24 Board is directed to develop and publish rules and regulations pertaining to the advancing of travel expenses and no State 25 agency shall make such advances except under the rules and regulations as published. All advances for travel and 26 subsistence monies shall be repaid to the agency within thirty (30) days after the end of the trip or by the end of the fiscal 27 year, whichever comes first. 28 L. That the State institutions of higher learning are authorized to reimburse reasonable relocation expenses for new 29 employees when such reimbursements are considered by the agency head to be essential to successful recruitment of 30 professionally competent staff members. 31 M. The State Budget and Control Board is authorized to promulgate and publish rules and regulations governing travel 32 and subsistence payments. 33 N. No state funds may be used to purchase first class airline tickets. 34 72.33. (GP: Asbestos Litigation Funds) All funds involved in the settlement of asbestos litigation cases, with the 35 exception of those funds involving the University of South Carolina system and Clemson University, must be deposited into 36 an interest bearing account in the State Treasurer's Office entitled "Asbestos Expense Trust Account". The University of 37 South Carolina system and Clemson University must deposit all funds involved in the settlement of asbestos litigation into 38 separate institutional interest bearing accounts entitled "Asbestos Expense Trust Account", with each institution's name
X90 - SECTION 72 - GENERAL AND TEMPORARY PROVISOS PAGE 538 1 appropriately captioned in their respective accounts, to be maintained in the State Treasurer's Office. These accounts shall 2 only be used for expenses relating to asbestos litigation, asbestos abatement, or other asbestos related expenses or projects. 3 Such projects must be approved by the Budget and Control Board after review by the Joint Bond Review Committee. 4 72.34. (GP: State Port Authority Funds - Rent) Any funds derived by the State Port Authority from the rental, lease 5 or sale of any of its facilities shall be expended for the benefit of the particular Port where such facilities are located. 6 72.35. (GP: Rental Charges, Collections State Offices) Subsection (a). The Budget and Control Board is hereby 7 directed to assess and collect a rental charge from all departments and agencies of the State Government occupying space 8 in State-controlled office buildings. The amount charged each department or agency shall be calculated on a square foot, 9 or other equitable basis of measurement, and at such rates as will yield sufficient total annual revenue to cover, unless the 10 Budget and Control Board determines otherwise, in priority order, both (1) the annual principal and interest due on the 11 Capital Improvement Obligations authorized by Act No. 829 of the 1964 Acts, Act No. 1273 of the 1970 Acts and Act No. 12 508 of the 1971 Acts and Act No. 1377 of the 1968 Acts as amended for projects administered by the Division of General 13 Services and (2) maintenance and operation costs of State-controlled office buildings in the City of Columbia. The amount 14 so collected which is applicable to the payment of principal and interest due on obligations authorized by Act 1377 of the 15 1968 Acts as amended shall be paid into the State's General Fund to apply on debt service appropriations under the Section 16 119 of this Act. 17 Subsection (b). All departments and agencies against which rental charges are assessed and whose operations are 18 financed in whole or in part by Federal and/or other non-appropriated funds are directed to apportion the payment of such 19 charges equitably among all such funds, so that each shall bear its proportionate share. All appropriations in this Act 20 applicable to the rental of space in State-controlled buildings (exclusive of the Department of Transportation), shall be 21 available only for payment of that portion of rental charges applicable to State-appropriated operations. 22 Subsection (c). Rental collections shall be deposited by the Budget and Control Board in the State Treasury in a special 23 account and shall be expended only for (1) payment of principal and interest due on the obligations referred to in Subsection 24 (a) above and (2) maintenance and operations costs of the buildings referred to in Subsection (a) above. 25 72.36. (GP: Organizations Receiving State Appropriations Report) Each organization receiving a contribution in this 26 Act shall render to the state agency making the contribution by November 1 of the fiscal year in which funds are received, 27 an accounting of how the State funds will be spent, a copy of the adopted budget for the current year, and also a copy of the 28 organization's most recent operating financial statement. The funds appropriated in this Act for contributions shall not be 29 expended until the required financial statements are filed with the appropriate state agency. No funds in this Act shall be 30 disbursed to organizations or purposes which practice discrimination against persons by virtue of race, creed, color or 31 national origin. The State Auditor shall review and audit, if necessary, the financial structure and activities of each 32 organization receiving contributions in this Act and make a report to the General Assembly of such review and/or audit, 33 when requested to do so by the Budget and Control Board. 34 72.37. (GP: Information Technology - Report of Requested Increases) The Budget and Control Board, through the 35 Division of Budget and Analyses, is authorized and directed to identify all requested increases for information technology 36 for Agencies, Institutions or Departments, with the exception of colleges, universities and technical institutions, compile 37 the requests into one report, evaluate the requests and forward the evaluation to the Governor, the Chairman of Senate 38 Finance Committee and the Chairman of the House Ways & Means Committee.
X90 - SECTION 72 - GENERAL AND TEMPORARY PROVISOS PAGE 539 1 72.38. (GP: Lump-Sum Agencies Expenditure Report) Beginning with Fiscal Year 1993-94, all lump-sum agencies 2 shall prepare, annually, a year-end expenditure report that reflects total expenditures by source of funds, program, sub- 3 program, personnel by minor object code, and all other expenditures by major object codes as defined by the Comptroller 4 General's Office. This report shall be submitted to the Division of Budget and Analyses of the Budget and Control Board 5 no later than 75 days following the close of each fiscal year. 6 72.39. (GP: Printing Costs Disclosure on State Publications) All agencies using appropriated funds shall print on the 7 last page of all bound publications the following information: 8 (1) Total Printing Cost 9 (2) Total Number of Documents Printed 10 (3) Cost Per Unit 11 The President Pro Tempore of the Senate, the Speaker of the House, Legislative Printing and Information Technology 12 Resource, the Presidents of each institution of higher education, and the State Board for Technical and Comprehensive 13 Education may exempt from this requirement, documents published by their respective agencies. Agency publications which 14 are produced for resale are also exempt from this requirement. Publications of public relations nature, produced by Parks, 15 Recreation and Tourism, and the Division of State Development are exempt from this requirement. 16 72.40. (GP: PORS Retirees Salary Limit) Notwithstanding the provisions of subsections (1) and (2) of Section 9-11- 17 90, a retired member of the System may return to employment covered by the System and earn up to thirteen fifteen thousand 18 dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the System. If the retired 19 member continues in service after having earned thirteen fifteen thousand dollars in a fiscal year, his retirement allowance 20 must be discontinued during the period of service in the remainder of the fiscal year. If the employment continues for at 21 least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not apply 22 to an employee or member of the System who has retired mandatorily because of age pursuant to Section 9-1-1530. 23 72.41. (GP: SCRS Retirees Salary Limit) Notwithstanding any other provision of law, a retired member of the System 24 may return to employment covered by the System and earn up to thirteen fifteen thousand dollars a fiscal year without 25 affecting the monthly retirement allowance he is receiving from the System. If the retired member continues in service after 26 having earned thirteen fifteen thousand dollars in a fiscal year, his retirement allowance must be discontinued during his 27 period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, 28 the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to an employee or member of the 29 System who has retired mandatorily because of age pursuant to Section 9-1-1530. 30 72.42. (GP: State Owned Aircraft - Maintenance Logs) Each agency having in its custody one or more aircraft shall 31 maintain a continuing log on all flights, which shall be open for public inspection. Any and all aircraft owned or operated 32 by agencies of the State Government shall be used only for official business. The Division of Aeronautics and other 33 agencies owning and operating aircraft may furnish transportation to the Governor, Constitutional Officers, members of the 34 General Assembly, members of state boards, commissions, and agencies and their invitees for official business only; no 35 member of the General Assembly, no member of a state board, commission or committee, and no state official shall use any 36 aircraft of the Division of Aeronautics unless the member or official files within forty-eight hours after the time of departure 37 of the flight with the Division of Aeronautics a sworn statement certifying and describing the official nature of his trip; and 38 no member of the General Assembly, no member of a state board, commission or committee, and no state official shall be
X90 - SECTION 72 - GENERAL AND TEMPORARY PROVISOS PAGE 540 1 furnished air transportation by a state agency other than the Division of Aeronautics unless such agency prepares and 2 maintains in its files a sworn statement from an appropriate official of the agency certifying that the member's or state 3 official's trip was in conjunction with the official business of the agency. Official business shall not include routine 4 transportation to and from meetings of the General Assembly or committee meetings for which mileage is authorized. 5 All logs shall be signed by the parties using the flight and the signatures shall be maintained as part of the permanent 6 record of any agency. All passengers shall be listed on the flight log by their legal name; passengers flying with an 7 appropriate official of SLED or the Division of State Development whose confidentiality must, in the opinion of SLED or 8 the Division, be protected shall be listed in writing on the flight log as "Confidential Passenger SLED or the Division of 9 State Development (strike one)" and the appropriate official of SLED or the Division shall certify to the agency operating 10 the aircraft the necessity for such confidentiality. 11 Violation of the above provisions of this section is prima facie evidence of a violation of Section 8-13-410(1) of the 1976 12 Code and shall subject a violating member of the General Assembly to the ethics procedure of his appropriate house and 13 shall subject a violating member of a state board, commission or committee, or a state official to the applicable ethics 14 procedure relating to them as provided by law. The above provisions do not apply to aircraft of the Division of Aeronautics 15 when used by the Medical University of South Carolina, nor to aircraft of the athletic department or the educational 16 foundations of any state-supported institution of higher education. 17 Aircraft owned by agencies of state government shall not be leased to individuals for their personal use. 18 72.43. (GP: State Primary Prevention Strategy) The Human Services Coordinating Council is designated as the entity 19 responsible for developing and coordinating the implementation of a plan for a State Primary Prevention Strategy. Primary 20 prevention is defined as programs which seek to prevent the onset of disease, disability or high risk behaviors through the 21 enhancement of individual and community protective factors and the reduction of risk factors. The plan must be submitted 22 to the Governor, Chairman of Senate Finance and Chairman of Ways and Means for approval. Upon their approval, 23 participating agencies are authorized to utilize those funds identified as the State Primary Prevention Strategy in Section 24 30. The project plan must provide: 1) A primary prevention mission statement; 2) Project objectives; 3) Current and 25 proposed service efforts and accomplishment indicators (input, output, outcomes and efficiency); 4) A description of the 26 anticipated benefits and costs; and 5) An independent evaluator component. 27 72.44. (GP: Carry Forward) Each agency shall be authorized to carry forward unspent general fund appropriations 28 from the prior fiscal year into the current fiscal year, up to a maximum of 10% of its original general fund appropriations 29 less any appropriation reductions for the current fiscal year. Agencies shall not withhold services in order to carry forward 30 general funds. 31 This provision is suspended if necessary to avoid a fiscal year-end general fund deficit. For purposes of this proviso, 32 the amount of the general fund surplus/deficit shall be considered after all appropriations from the Capital Reserve Fund 33 have been allowed and before any transfers from the General Reserve. The amount of general funds needed to avoid a year- 34 end deficit shall be reduced proportionately from each agency's carry forward amount. 35 Agencies which have separate general fund carry forward authority must exclude the amount carried forward by such 36 separate authority from their base for purposes of calculating the 10% carry forward authorized herein. Any funds that are 37 carried forward as a result of this provision are not considered part of the base of appropriations for any succeeding years. 38 Notwithstanding any other provisions of law, state agencies and institutions shall be allowed to spend carry forward monies
X90 - SECTION 72 - GENERAL AND TEMPORARY PROVISOS PAGE 541 1 from the previous fiscal year to provide selected employees a one-time lump sum bonus not to exceed $1,000, based on 2 objective guidelines established by the Budget and Control Board. This payment is not a part of the employee's base salary 3 and is not earnable compensation for purposes of employee and employer contributions to respective retirement systems. 4 72.45. (GP: Publication List for General Assembly) With the exception of the Governor's Executive Budget and 5 related documents and telephone directories, and notwithstanding any other requirement, mandate, or provision of this act 6 to the contrary, no agency, department, or entity of state government shall provide the General Assembly with hard copies 7 of a publication whether or not the publication, report, or other document is required to be furnished to the General 8 Assembly by law, and a publication only may be provided to a member of the General Assembly if the member requests 9 the publication. Nothing herein prevents the agency or department from transmitting such publications to the Office of 10 Legislative Printing and Information Technology Resources (LPITR) by electronic medium in such format and form and 11 in accordance with such technical standards as may be established by LPITR. LPITR may make any such information 12 transmitted available through its network. Any report governed by the requirements of this proviso may be published in 13 hard copy form if authorized by the Speaker of the House and the President Pro Tempore of the Senate. 14 72.46. (GP: Regulatory Audit) Each agency shall conduct a jurisdictional audit for the purpose of identifying laws, 15 regulations and provisos which are not being used or no longer need to be regulated. After identifying these laws, repeals 16 are to be drafted for submission to the General Assembly. 17 72.47. (GP: Written Notice of Fee Changes) All state administrative or executive agencies which have the authority 18 to impose charges, fines, fees, levies, or penalties, of any nature, pursuant to statutory or regulatory authorization, shall give 19 written notice if requested to any person affected by or subject to the assessment prior to collection. The notice required 20 pursuant to this section shall include an appropriate citation to the relevant statutory or regulatory provision which authorizes 21 the imposition of the assessment. No assessment made by a state administrative or executive agency against an affected 22 person shall be valid, absent express statutory or regulatory authorization. 23 72.48. (GP: TEFRA-Tax Equity and Fiscal Responsibility Act) It is the intent of the General Assembly that the State 24 Medicaid Plan be amended to provide benefits for disabled children as allowed by the Tax Equity and Fiscal Responsibility 25 Act (TEFRA) option. State agencies, including but not limited to, the Office of the Governor - the Continuum of Care, the 26 Department of Health and Environmental Control, the Department of Mental Health, the Department of Disabilities and 27 Special Needs, and the Department of Health and Human Services shall collectively review and identify existing state 28 appropriations within their respective budgets that can be used as state match to serve these children. Such funds shall be 29 used effective January 1, 1995 to implement TEFRA option benefits. 30 72.49. (GP: Federally Declared Disaster Reimbursement) Notwithstanding Section 11-9-125, any state agency, 31 college, or university which has a grant agreement with and has received prior disaster reimbursements for losses incurred 32 during Hurricane Hugo federally declared disasters from the Office of State Public Assistance and where said state agency, 33 college or university may not have received full reimbursement for eligible program management costs associated with 34 disaster recovery activities incurred during Hurricane Hugo such disasters may seek further reimbursement for eligible 35 program management costs related to Hurricane Hugo such disasters and is authorized to retain these funds for use within 36 the agency's operating budget. 37 72.50. (GP: Frequent Flyer Premiums) State agencies and employees shall select air carriers based on cost and time 38 criteria, not on whether frequent flyer premiums are given. State agencies should ensure that employees earning frequent
X90 - SECTION 72 - GENERAL AND TEMPORARY PROVISOS PAGE 542 1 flyer premiums while traveling on State business use them to reduce the cost of subsequent business travel whenever 2 possible. 3 72.51. (GP: Prison Industries) All agencies funded in this Act, when procuring goods and services, shall first consider 4 contracting for services or purchasing goods and services through the Department of Corrections' Prison Industries Program. 5 The Department of Corrections shall furnish, upon request, to all agencies a catalogue of goods and services provided by 6 Prison Industries. The Department is hereby directed to develop and market a catalogue of Prison Industries products for 7 nationwide circulation. 8 72.52. (GP: Out-Of-State Travel Report) Annually on October 1, the Comptroller General shall issue a report on out- 9 of-state travel expenditures for the prior fiscal year which shall be distributed to the Senate Finance Committee, the House 10 Ways and Means Committee and the Statehouse Press Room. The Comptroller General may use up to $500 of general fund 11 appropriations for the purpose of providing copies to the media or the public upon request. The report must contain a listing 12 for every agency receiving an appropriation in the annual General Appropriations Act. The listing must show at a minimum 13 the top ten percent of employees for whom out-of-state travel expenses and registration fees were paid within each agency, 14 not to exceed twenty-five employees per agency. Agencies should include position titles for each of the top twenty-five 15 travelers for each agency. Expenditures must include state, federal and other sources of funds. The list for each agency must 16 be in rank order with the largest expenditure first and the name of the employee must be shown with each amount. Agencies 17 should include a brief summary of the type of out-of-state travel the agency incurs. The Comptroller General may provide 18 additional information as deemed appropriate. The Comptroller General shall provide no exceptions to this report in that 19 the information contained is not considered confidential or restricted for economic development purposes. However, further 20 disclosure of detailed information shall be restricted as provided for by law. 21 72.53. (GP: Transfer of Functions) All matters relating to the enforcement and administration of the provisions of 22 Chapters 1, 3, 5, 10 and 27 of Title 56 of the 1976 Code are transferred from the Department of Revenue and Taxation to 23 the Department of Public Safety. 24 72.54. (GP: School Technology Initiative) From the funds appropriated/authorized to the Budget and Control Board's 25 Office of Information Resources for school technology, the Board shall, in consultation with the State Department of 26 Education and South Carolina Educational Television, begin the development of a statewide educational technology 27 initiative. This initiative is intended to provide technology connectivity for K-12 public schools throughout the State and 28 should, to the maximum extent possible, involve public-private sector collaborative efforts. The Budget and Control Board 29 shall retain and carry forward funds to be used for the same purpose. 30 72.55. (GP: Disabled & Mentally Ill Employment Task Force) A task force shall be established to develop a plan to 31 maximize the employment of persons with severe disabilities and persons diagnosed with mental illness and to maximize 32 the use of current resources to support this effort. Task force members shall include the Director of Vocational 33 Rehabilitation, the Director of the Department of Mental Health and the Director of the Department of Disabilities and 34 Special Needs or their designees; a county-level director from Vocational Rehabilitation, the Department of Mental Health 35 and the Department of Disabilities and Special Needs from rural counties or their designees; a county-level director from 36 Vocational Rehabilitation, the Department of Mental Health and the Department of Disabilities and Special Needs from an 37 urban county or their designees; and ten consumers/family members to represent and to be divided equally among the areas 38 of mental retardation, autism, head injuries, spinal cord injuries and mental illness. This task force shall be established no
X90 - SECTION 72 - GENERAL AND TEMPORARY PROVISOS PAGE 543 1 later than July 15, 1996. The task force shall review what our state and other states provide in the area of vocational services 2 to these populations to identify ways our system can improve in serving these population's employment needs. A report will 3 be presented with specific recommendations for improvement to the Senate Finance Committee, the House Ways and Means 4 Committee and the Governor's Office by January 15, 1997. 5 72.56. (GP: Common Intake & Assessment Task Force) A common intake and assessment procedure and a plan for 6 its use shall be developed by a task force to include a representative from each agency that provides services to children with 7 disabilities and their families. The agencies shall include the directors of the Department of Education, the Department of 8 Disabilities and Special Needs, the Department of Health & Environmental Control, the Department of Mental Health and 9 the Department of Social Services or their designees. The task force shall also include five advocates/consumers/family 10 members who have children using services from these agencies. A report shall be submitted to the Senate Finance 11 Committee, the House Ways and Means Committee and the Governor's Office by January 15, 1997. This task force shall 12 continue and report annually for three years on the implementation, quality and success of this plan. 13 72.57. (GP: Immunization System) The Department of Health & Environmental Control, in conjunction with the 14 Department of Health & Human Services, shall use the funds appropriated for the immunization program to enhance the 15 vaccination delivery system, emphasizing public/private partnerships in the funding and delivery systems, increase 16 community participation, education and partnerships. The strategic objective of this system shall be to eliminate vaccine- 17 preventable diseases in South Carolina. These agencies will monitor the quality and effectiveness of this system through 18 the development of an accessible statewide immunization information system and shall report annually by January 15th to 19 the Governor, the Senate Finance Committee, and the House Ways and Means Committee. However, if adequate federal 20 funds are made available, any excess funds must be remitted to the General Fund. 21 72.58. (GP: (Long Term Care System) The Department of Health and Human Services and the Department of Health 22 and Environmental Control shall, in coordination with other appropriate agencies and organizations, develop a system of 23 services which provides a continuum of long term care services for elderly individuals and their families. The system shall 24 integrate available funding streams, design a common intake system, incorporate recipient directed care and voucher options 25 to the extent possible, expand the current continuum to better address all levels of care needed and develop an 26 eligibility/access system. The agencies will identify any changes necessary in the certificate of need rules which will better 27 support this system by lowering cost and increasing access. The system shall include a process to routinely assess the system 28 of care focusing on quality, access, outcomes and efficiency. The agencies shall report annually to the Governor, to the the 29 Senate Finance Committee and to the House Ways and Means Committee no later than January 15th on this system. 30 72.59. (GP: Secretary of State Employee Rights) Where the provisions of this Act transfer the Office of the Secretary 31 of State or any particular entities, sections, division or portions thereof, to another state agency, department or division, the 32 related employees of the Office of the Secretary of State are also transferred to and become part of the receiving agency, 33 department or division unless otherwise specifically provided. All classified and unclassified personnel employed by the 34 Office of the Secretary of State on the effective date of this Act shall become employees of the receiving agency, department 35 or division, and retain the same compensation, and grade level, as applicable, unless otherwise specifically provided. 36 Employees transferred under this provision will not experience a break in service and, if at the time of transfer, they are 37 covered by the provisions of the State Employee Grievance Procedure Act of 1982, they continue to be covered by the 38 provisions of that Act. This provision applies only to those employees who have at least a "meets" performance
X90 - SECTION 72 - GENERAL AND TEMPORARY PROVISOS PAGE 544 1 requirements rating in their position with the Office of the Secretary of State prior to the effective date of this Act. 2 72.60. (GP: Public Relations Contract Services) All state agencies or other entities existing by state law that receive 3 an annual appropriation are required to file a report with the State Ethics Commission listing all contracts for public 4 relations, communications, and legislative strategy services. This report shall include the terms, conditions, and amounts 5 expended for these purposes and shall be submitted by June 30, 1997. 6 72.61. (GP: Establish Positions for DPS New Trooper Class) The Budget and Control Board, based on funds 7 appropriated in Part IA of this Act for the Department of Public Safety, is directed to establish 35 FTEs for a new trooper 8 class. 9 72.62. (GP: State Operated Day Care Facilities Fees) Any state agency receiving funding in this Act and any higher 10 education institution, including 4 year institutions, 2 year institutions, and technical colleges, that operates an early 11 childhood development center or day care facility shall charge, at a minimum, fees that are comparable to those charged by 12 private day care facilities in the local community. The institution or agency shall not restrict enrollment in the center solely 13 to the children of faculty, staff, and students of the institution; nor shall fees be set at a lower level for faculty, staff, or 14 students of the institution or agency. 15 72.63. (GP: Prevent Welfare Reform Duplication of Services) The intent of the General Assembly is that the 16 Department of Social Services not duplicate services available at the Employment Security Commission and other state 17 agencies. All state agencies are directed to cooperate with DSS as it implements the Family Independence Act of 1995. 18 Monies appropriated for the purpose of implementing the Family Independence Act of 1995 and used to hire persons or 19 procure services for employment training purposes shall be reported to the Governor to ensure duplication of services does 20 not occur. 21 72.64. (GP: BCB-Division of Operations: School District Private Contracting Solicitation) By December 1, 1996, 22 the Division of Operations of the Budget and Control Board, in consultation with the Department of Education, will conduct 23 a feasibility study as to the most efficient means of providing school transportation services. The Department of Education 24 shall not proceed with solicitations for proposals without prior approval by the General Assembly. 25 72.65. (GP: SDE Agriculture Education Transfer to Clemson PSA) The Budget and Control Board, in conjunction 26 with the Department of Education, shall transfer all federal funds, regardless of source, and positions both directly and 27 indirectly associated with Agricultural Education at the Department of Education to Clemson-PSA no later than July 15, 28 1996 1997. The Department of Education shall submit a report reflecting the positions, funds and method for determining 29 the amount and number of positions to be transferred to the Chairman of the Senate Education Committee and the Chairman 30 of the House Education and Public Works Committee by July 10, 1996. Notwithstanding any other provisions of law, funds 31 and positions transferred to Clemson-PSA from the Department of Education for Agricultural Education shall be used for 32 personnel positions and related office and travel expenses to provide overall leadership, coordination, and structure for 33 agricultural education programs, EFA activities and SC Association of Young Farmers activities in the public schools of 34 South Carolina. Clemson PSA shall provide a report to the Department of Education on the use and expenditure of the 35 federal funds transferred by the Department of Education to Clemson PSA no later than December 1, of the current fiscal 36 year. 37 72.66. (GP: Transfer of Grants Services & Indirect Cost Allocation) The Budget and Control Board, in conjunction 38 with the Governor's Office shall transfer all funds, positions, and related inventory and equipment associated with the
X90 - SECTION 72 - GENERAL AND TEMPORARY PROVISOS PAGE 545 1 Grants Services Section and the Indirect Cost Allocation Section of the Office of Executive Policy and Programs of the 2 Governor's Office to the Division of Budget and Analyses of the Budget and Control Board, as soon as practical on or after 3 July 1, 1997. The operation of these programs shall become the responsibility of the Division of Budget and Analyses. 4 The Budget and Control Board, Division of Budget and Analyses is further directed to review Act 651 of 1978 and other 5 appropriate sections of the Code of Laws and propose any changes necessary in conjunction with this transfer not later than 6 November 15, 1997. 7 72.67. (GP: $3M CCI Transfer to the General Fund) Of the proceeds resulting from the sale of the Central 8 Correctional Institution, the State Budget and Control Board shall transfer three million dollars to the General Fund. The 9 balance of the proceeds from the sale of CCI are to be credited to the Ordinary Sinking Fund to be expended in accordance 10 with the procedures that regulate that fund. 11 72.68. (GP: Base Budget Analysis) Agencies' annual accountability reports for 1996-97, as required in Section 1-1- 12 810, must be accessible to the Senate Finance Committee, House Ways & Means Committee and to the public on or before 13 November 1, 1997, for the purpose of a zero base budget analysis. Until performance based funding is fully implemented 14 and reported annually, the Commission on Higher Education and the state supported colleges, universities and technical 15 schools shall report in accordance with Section 59-101-350. Technical assistance will be available from the Office of State 16 Budget. The House Ways and Means Committee may award a Certificate of Excellence in Governing to the three agencies 17 with the most exemplary accountability reports. These reports will be used as models for future accountability reports. 18 72.69. (GP: Transfer of Printing Operations) The following state agencies under the directions of the Governor's 19 Office shall cooperate with the Budget and Control Board to identify and facilitate the transfer of any portion of their 20 operation, including transfer of funds to the Budget and Control Board to support this function during Fiscal Year 1997-98. 21 The following agencies will make a permanent transfer of state funds as specified below and the Department of Social 22 Services shall permanently transfer two full time equivalent positions to the Budget and Control Board, Division of 23 Operations to be effective July 1, 1997, for the management of all printed related issues. 24 Department of Corrections $ 7,000 25 Department of Health & Environmental Control $ 7,000 26 Department of Mental Health $ 7.000 27 Department of Natural Resources $ 7,000 28 Department of Probation, Parole & Pardon Services $ 7,000 29 Department of Public Safety $ 7,000 30 Department of Revenue $ 7,000 31 Department of Social Services $22,170 and two full time equivalent positions 32 Department of Transportation $ 7,000 33 72.70. (GP: Professional Dues) DELETED 34 72.71. (GP: Federal/Other Funded Employee Bonus) Notwithstanding any other provision of law, state agencies and 35 institutions shall be allowed to spend federal and other sources of revenue to provide selected employees a one-time lump 36 sum bonus not to exceed $1,000, based on objective guidelines established by the Budget and Control Board. Agencies 37 affected by this proviso shall maintain documents verifying that the bonuses funded were from savings resulting from 38 increased efficiency in their operations. Also, agencies using Federal funds for the bonus must show that the use of these
X90 - SECTION 72 - GENERAL AND TEMPORARY PROVISOS PAGE 546 1 funds is in compliance with Federal law. This payment is not a part of the employee's base salary and is not earnable 2 compensation for purposes of employee and employer contributions to respective retirement systems. 3 72.72. (GP: Division of Aging Transfer to DHHS) DELETED 4 72.73. (GP: Victim/Witness Personnel) The State Budget and Control Board is directed to conduct a study on the 5 services provided by the Attorney General's Office, the Department of Public Safety and the Governor's Office Division of 6 Victim's Assistance to victims and witnesses. The study shall include, but not be limited to, the types of assistance rendered 7 as well as a review of the existing number and type of personnel providing such services. The State Budget and Control 8 Board shall submit a report to the Governor, the Chairman of the Senate Finance Committee and the Chairman of the House 9 Ways & Means Committee by January 1, 1998. 10 72.74. (GP: Boards of Dentistry & Accountancy Study) The State Reorganization Commission is directed to study 11 the feasibility of transferring the Board of Dentistry and the Board of Accountancy from the Department of Labor, Licensing 12 and Regulations and establishing the Boards as separate agencies with the same duties and powers as held prior to Act 181 13 of 1993, which restructured state government. A report on the findings of the study shall be submitted to the Senate Finance 14 Committee and the Ways and Means Committee by December 1, 1997. 15 72.75. (GP: Hold Harmless - Reserve Funds) DELETED 16 72.76. (GP: Undesignated Surplus) Of the undesignated surplus for FY 1996-97 as determined by the Comptroller 17 General at the closing of the FY 1996-97 accounting year, funds shall be transferred to Aid to Subdivisions-Comptroller 18 General in the amounts of $21,140,848 for the Property Tax Relief Fund and $5,331,314 for the Manufacturer's 19 Depreciation Reimbursement Fund. Of any additional undesignated surplus, $8,000,000 shall be transferred to the 20 Department of Corrections for prison operations. 21 22 SECTION 73 23 24 73.1. (Year End Expenditures) Unless specifically authorized herein, the appropriations provided in Part I of this 25 Act as ordinary expenses of the State Government shall lapse on July 31, 1997 1998. State agencies are required to submit 26 all current fiscal year input documents to the Comptroller General's Office by July 18, 1997 July 20, 1998. Appropriations 27 for Permanent Improvements, now outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which 28 such appropriations were provided, unless definite commitments shall have been made, with the approval of the State Budget 29 and Control Board and Joint Bond Review Committee, toward the accomplishment of the purposes for which the 30 appropriations were provided. Appropriations for other specific purposes aside from ordinary operating expenses, now 31 outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which such appropriations were 32 provided, unless definite commitments shall have been made, with the approval of the State Budget and Control Board, 33 toward the accomplishment of the purposes for which the appropriations were provided. 34 END OF PART IB