General Appropriations Bill H. 3400 for the fiscal year beginning July 1, 1997
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1 L36 - SECTION 39 - HUMAN AFFAIRS COMMISSION
3 1. (HAC: Sale of Publication) Up to $4,000 in revenue derived from the sale of `The Blueprint' may be retained and
4 expended for the purpose of conducting future Human Affairs Forums. Any remaining balance may be expended for the
5 same purpose.
6 2. (HAC: Human Affairs Forum Carry Forward) Revenue derived from donations and registration fees received for
7 attendance at the Human Affairs Forum may be retained and carried forward into the current fiscal year and expended for
8 the purpose of conducting future Human Affairs Forums.
9 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.
14 L46 - SECTION 40 - COMMISSION ON MINORITY AFFAIRS
16 1. (CMA: Private Contributions and Sponsorship) Monies derived from private sources for agency research, forums,
17 training and institutes may be retained and expended by the Commission for the said purpose. Any remaining balance may
18 be carried forward and expended for the same purpose.
19 2. (CMA: Carry Forward Registration Fees) Revenue derived from registration fees received from training and
20 institutes may be retained and carried forward for the purpose of conducting future training and institutes.
21 3. (CMA: Carry Forward Grant Awards) Revenues pooled from public and private sources for the purpose of awarding
22 grants to address problems in the minority community may be retained and carried forward by the Commission.
24 R04 - SECTION 54 - PUBLIC SERVICE COMMISSION
26 1. (PSC: Assessment Certification) The Public Service Commission shall certify to the Department of Revenue and
27 Taxation the amounts to be assessed to cover appropriations in this section as follows: (1) the amount applicable to the
28 assessment on public utility, telephone utility, radio common carrier and electric utility companies as provided for by Section
29 58-3-100, Code of Laws of 1976, (2) the amount to be assessed against gas utility companies as provided for in Section 58-
30 5-940, Code of Laws of 1976, (3) the amount to be assessed against electric light and power companies as provided for in
31 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
32 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
33 amount to be assessed against railroad companies shall consist of all expenses related to the operations of the Railway
34 subprogram of the Agency's Transportation Division, to include the related distribution of salary increments and employer
35 contributions not reflected in the related subprogram of this Act as set forth in Section 58-3-100, Code of Laws of 1976.
36 2. (PSC: Indirect Cost) The assessment certification prepared for the Department of Revenue and Taxation shall
37 include an allocation of indirect cost as approved by the Budget and Control Board representing the Public Service
38 Commission's proportionate share of the cost of central State government.
39 3. (PSC: Motor Transport Fee Refund) The Motor Transport Division of the Public Service Commission is hereby
40 authorized to make refunds of fees which were erroneously collected.
41 4. (PSC: Certification Assessment for Commission Expenses) The Public Service Commission shall make such
42 certification as required under Section 58-3-100, Code of Laws of 1976.
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1 5. (PSC: Attorneys Appointment) The three attorneys provided for in this section under Program I "Administration"
2 shall be appointed by the Commission with the approval of the Attorney General and be assigned to the Commission.
3 6. (PSC: Maximum Salary Limit) The salaries of the chairman and the commissioners as provided in this section shall
4 not be construed as limiting the maximum salary which may be paid to other employees of the Public Service Commission.
5 7. (PSC: Commissioners Out-of-State Allowance) When out-of-state, Public Service Commissioners are allowed
6 $50.00 per diem or actual expenses as deemed reasonable by the Comptroller General.
7 8. (PSC: Employee Bonus) DELETED
9 R08 - SECTION 55 - WORKERS' COMPENSATION COMMISSION
11 1. (WCC: Physicians & Surgeons Schedule of Fees Revenue) All revenue earned from the sale of the Commission's
12 publication Schedule of Fees for Physicians and Surgeons shall be retained by the agency to be used for the printing and
13 distribution of subsequent revised editions of the schedule.
14 2. (WCC: Educational Seminar Revenue) Beginning in FY 94-95, all revenue earned from educational seminars shall
15 be retained by the agency to be used for the printing of educational materials and other expenses related to conducting the
17 3. (WCC: Commissioners Out-of-State Allowance) When out-of-state, Workers' Compensation Commission
18 commissioners are allowed $50.00 per diem or actual expenses as deemed reasonable by the Comptroller General.
19 4. (WCC: Self-Insurance Application Fees) All fees collected for processing self-insurance applications shall be
20 retained by the agency to be used in support of the Self-Insurance Division.
22 R12 - SECTION 56 - STATE ACCIDENT FUND
24 1. (SAF: Medical Claims Penalty Clause) Medical claims against the State Accident Fund shall not be subject to the
25 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,
26 until such claims are approved by the Workers' Compensation Commission and received by the Fund.
27 2. (SAF: Volunteer Fire/Rescue Squads Coverage) Notwithstanding any other provision of law, voluntary firemen
28 of organized volunteer fire units and members of organized volunteer rescue squads are covered under workers'
29 compensation by the county governing body unless the governing body of the county opts out of the coverage.
30 3. (SAF: Educational Seminar Revenue) The State Accident Fund is authorized to set and collect fees for educational
31 seminars. All revenue earned from educational seminars shall be retained by the agency and used for supplies, materials,
32 and other expenses relating to the seminars.
34 R20 - SECTION 59 - DEPARTMENT OF INSURANCE
36 1. (INS: Rate Division Auto Insurers Assessment) The costs of operating the Rate Division shall be borne by insurers
37 of automobile insurance. Not later than sixty days after the effective date of this Act, the Chief Insurance Commissioner
38 shall assess each automobile insurer for its just proportion of the amount appropriated by the General Assembly herein for
39 the operation of the Rate Division, such amount to also include appropriated salary adjustments and employer contributions
40 allocable to the Rate Division. Such assessments shall be in the proportion that each insurer's preceding calendar year direct
41 written premium for automobile insurance in this State bears to the total direct written premium for all insurers of automobile
42 insurance in this State during such preceding calendar year. For purposes of this section, direct written premium shall be
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1 as reflected in the latest annual statements of automobile insurers in this State filed with the Commissioner. Funds
2 appropriated by the General Assembly for the operation of the Rate Division shall be advanced by the State until the
3 assessments levied herein are collected and deposited in the General Fund of the State.
4 2. (INS: Examiners Travel/Subsistence Reimbursement) Notwithstanding the limitations in this Act as to amounts
5 payable or reimbursable for lodging, meals, and travel, the Department of Insurance is authorized to reimburse Department
6 examiners in accordance with guidelines established by the National Association of Insurance Commissioners only when
7 the State is reimbursed by an insurance company for the travel and subsistence expenses of Insurance Department examiners
8 pursuant to S. C. Code Section 38-13-10, 1976.
9 3. (INS: Reimbursement Carry Forward) Reimbursements received for Data Processing Services, Revenue,
10 Miscellaneous Revenue and Sale of Listings and Labels shall be retained for use by the Department. These funds may be
11 carried forward in the current fiscal year to be expended for the same purposes.
13 R23 - SECTION 60 - STATE BOARD OF FINANCIAL INSTITUTIONS
15 1. (FI: Supervisory Fees) The Board of Financial Institutions shall fix supervisory fees of banks, savings and loan
16 associations and credit unions on a scale which, together with fees collected by the Consumer Finance Division will fully
17 cover the total funds expended under this section.
19 R28 - SECTION 61 - DEPARTMENT OF CONSUMER AFFAIRS
21 1. (CA: Consumer Protection Code Violations Revenue) Funds, paid to the Department in settlement of cases
22 involving violations of the South Carolina Consumer Protection Code and other statutes enforced by the Department be
23 retained and expended within the agency's budget to help offset the costs of investigating, prosecuting, and the
24 administrative costs associated with these violations, may be carried forward and expended for the same purposes in the
25 current fiscal year.
26 2. (CA: Student Athlete/Agents Registration) Funds received by the Department of Consumer Affairs pursuant to
27 registrations under Chapter 102 of Title 59 of the 1976 Code may be retained by the Department for its enforcement duties
28 relating to athlete agents and student athletes under that chapter.
29 3. (CA: Expert Witness/Assistance Carry Forward) Unexpended encumbered appropriated funds for the Consumer
30 Advocacy expert witness/assistance program (under Section 37-6-603) may be carried forward into the next fiscal year to
31 meet contractual obligations existing at June 30, and not paid by July 31.
33 R36 - SECTION 62 - DEPARTMENT OF LABOR, LICENSING AND REGULATIONS
35 1. (LLR: Fire Marshal - Authorization to Charge Fees for Training) The Fire Academy of the State Fire Marshal
36 Division may charge participants a fee to cover the cost of education, training programs and operations. The revenue
37 generated may be applied to the cost of operations, and any unexpended balance may be carried forward to the current fiscal
38 year and utilized for the same purposes.
39 2. (LLR: Real Estate Research & Education Program Funds) Any funds on deposit with the State Treasurer for
40 research and education programs of the Real Estate Commission shall be remitted to the General Fund of the State.
41 3. (LLR: Real Estate - Research & Education Projects) All funds appropriated, in this section, for Research and
42 Education projects shall be funded wholly, out of the Real Estate Commission authorized allocation of five dollars from each
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1 annual renewal fee. All funds appropriated in this section, for Research and Educational projects shall be expended for the
2 purpose designated.
3 4. (LLR: Real Estate News Publication) The South Carolina Real Estate News, published at least quarterly by the Real
4 Estate Commission, shall be exempt from Section 11-25-690, SC Code of Laws, (1976, as amended).
5 5. (LLR: Real Estate - Special Account) Revenue in the Real Estate Appraisal Registry account shall not be subject
6 to fiscal year limitations and shall carry forward each fiscal year for the designated purpose.
7 6. (LLR: S.C. Building Code Council) All funds received by the Building Codes & Regulatory Services for the S.C.
8 Building Code Council which exceed the total amount of expenditures for operating expenses of the Council shall be
9 deposited in the General Fund of the State.
10 7. (LLR: POLA - 110%, Other Funds) The Professional and Occupational Licensing Agencies in Program "IV.
11 Professional and Occupational Licensing Offices", within the Department of Labor, Licensing, and Regulation, must
12 generate revenue at least equal to 110% of their expenditures with 10% deposited to the General Fund. The Contractor's
13 Licensing Board must remit all revenues above their expenditures to the General Fund, which includes the 10%.
14 8. (LLR: Fallen Firefighters Memorial) The Department of Labor, Licensing and Regulations - Division of the State
15 Fire Marshal is authorized to erect a memorial on the South Carolina Fire Academy grounds in honor of the South Carolina
16 Firefighters who have died in the act of duty. In order to carry out the purpose of this section, the Department's State Fire
17 and Safety Division is authorized to establish a special account and accept gifts or grants of services, properties or monies
18 from individuals or public and private organizations. The Department shall cooperate with the S.C. State Fire Fighters
19 Association as to design, selection and construction of the monument to be erected and shall be authorized to use such funds
20 as necessary. All excess monies collected are to be placed in a fund for upkeep and maintenance. Any later contributions
21 are to be used for upkeep and maintenance.
23 R60 - SECTION 65 - EMPLOYMENT SECURITY COMMISSION
25 1. (ESC: Salary Level) The salaries of the Chairman, the Commissioners, and the Agency Director of the Employment
26 Security Commission shall be no less than that agreed to by the United States Department of Labor.
27 2. (ESC: Dept. of Revenue & Taxation Access to Report) The Employment Security Commission shall allow the
28 Department of Revenue and Taxation access to the Employer's Quarterly Report and any by-product of such report.
29 3. (ESC: SCOICC User Fee Carry Forward) All user fees collected by the S.C. Occupational Information
30 Coordinating Committee through the Employment Security Commission may be retained by the SCOICC to be used for
31 the exclusive purpose of operating the S.C. Occupational Information System. All user fees not expended in the prior fiscal
32 year may be carried forward for use in the current fiscal year.
33 4. (ESC: JTPA Prior Year Payments) The Employment Security Commission shall be allowed to pay Job Training
34 Partnership Act prior year obligations with current year funds.
35 5. (ESC: Out-of-State Travel) When out-of-state, Employment Security Commissioners may claim the established
36 amount of per diem, as stated in the General Appropriation Act, or actual expenses as deemed reasonable by the Comptroller
39 X50 - SECTION 69 - DEPARTMENT OF TRANSPORTATION
41 1. (DOT: Expenditure Authority Limitation) The Department of Transportation is hereby authorized to expend all cash
42 balances brought forward from the previous year and all income including all Federal Funds, unexpended General Funds
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1 and proceeds from bond sales accruing to the Department of Transportation, but in no case shall the expenditures of the
2 Department of Transportation exceed the amount of cash balances brought forward from the preceding year plus the amount
3 of all income including Federal Funds, General Funds and proceeds from bond sales.
4 2. (DOT: Special Fund Authorization) The Department of Transportation with the approval of the State Treasurer,
5 is hereby authorized to set up with the State Treasurer such special funds out of the Department of Transportation funds as
6 may be deemed advisable for proper accounting purposes.
7 3. (DOT: Secure Bonds & Insurance) The Department of Transportation is hereby authorized to secure bonds and
8 insurance covering such activities of the Department as may be deemed proper and advisable, due consideration being given
9 to the security offered and the service of claims.
10 4. (DOT: Statewide Cost Allocation Plan) The Department of Transportation shall pay into the General Fund of the
11 State the sum of $4,879,223 as its proportionate share of the cost of Administration of central service agencies as follows:
13 Statewide Cost Allocation Plan:
14 Collection of Highway Revenue $ 3,069,811
15 Central Service Agency Recoveries 1,103,894
16 Other Indirect Cost Recoveries 705,518
18 Subtotal $ 4,879,223
20 The sum of $362,093 is also transferred for the support of the Highway Patrol and Motor Vehicle Licensing Division which
21 was transferred during restructuring. If fees generated by Title 56 for motor vehicle licenses exceed the BEA Fiscal Year
22 1996-97 forecast, the amount transferred may be reduced proportionately.
24 Highway Fund Transfer $ 362,093
26 Total Remittance $5,241,316
28 5. (DOT: Benefits) Employees of the Department of Transportation shall receive equal compensation increases, health
29 insurance benefits and employee bonuses provided in this Act for employees of the State generally. The amount will be
30 funded from Department of Transportation funding sources.
31 6. (DOT: Document Fees) The Department of Transportation is hereby authorized to establish an appropriate schedule
32 of fees to be charged for copies of records, lists, bidder's proposals, plans, maps, etc. based upon approximate actual costs
33 and handling costs of producing such copies, lists, bidder's proposals, plans, maps, etc.
34 7. (DOT: Commissions Per Diem, Subsistence, Mileage) Members of the Department of Transportation Commission
35 shall receive such per diem, subsistence and mileage for each official meeting as is provided by law for members of boards,
36 commissions and committees.
37 8. (DOT: Employ Legal/Support Staff) The Department of Transportation shall have the authority with the approval
38 of the Attorney General to employ, within existing authorized positions, necessary legal and support staff to represent the
39 Department in legal matters, including condemnation proceedings and other litigation; such representation shall be under
40 the jurisdiction and control of the Attorney General.
41 9. (DOT: Contract Mass Transit System) Notwithstanding any other provision of law, the Department of
42 Transportation is hereby authorized to directly contract mass transit funds with any private operator of a mass transit system
43 to provide service to the general public; provided, that a plan of service has been established and approved by the local
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1 general purpose government which has jurisdiction for the area to be served, and approved by the Department, the
2 Transportation Commission and the federal government.
3 10. (DOT: Relax Design/Construction Standards Authority) In recognition of budgetary restraints, the Department of
4 Transportation, its Commission, officers and employees, are herewith granted the discretionary authority to relax design
5 and construction standards for the current fiscal year, with respect to highway projects in the secondary State highway
6 system, and the exercise of such discretionary authority to relax design and construction standards shall not give rise to any
7 liability on the part of the Department, its Commission, officers and employees.
8 11. (DOT: Accounting Functions Transferred to Comptroller General and State Treasurer) The Department of
9 Transportation shall transfer $471,500 to the General Fund for the purpose of servicing the accounting and payroll functions
10 of the Comptroller General's Office. The Department of Transportation shall transfer $123,546 to the General Fund for
11 servicing the functions of the State Treasurer's Office.
12 12. (DOT: Employee Bonus) Notwithstanding any other provision of law, the Department of Transportation shall be
13 allowed to spend monies to provide selected employees a one-time lump sum bonus not to exceed $1,000, based on objective
14 guidelines established by the Budget and Control Board. This payment is not a part of the employee's base salary and is
15 not earnable compensation for purposes of employee and employer contributions to respective retirement systems.
16 13. (DOT: Consolidate Transportation Funding) The Department of Transportation shall develop a plan to consolidate
17 all sources of transportation funding throughout state government and to operate with this funding a transportation system
18 to support the specific programs from which the funding derives and the population of South Carolina in general. This plan
19 shall be submitted to the General Assembly no later than January 15, 1997. The intent of this proviso is to improve access
20 and delivery of transportation services, especially in rural areas. In developing the transportation system, the Department
21 shall work with each agency that provides funding for transportation.
22 Any agency, local government, or other entity, including non-profit organizations, using State funds or State-administered
23 Federal funds for the purpose of transporting private citizens on a regular basis, must provide the following fiscal year
24 information to the Department of Transportation, no later than the first day of October following the close of each fiscal
25 year; (a) number of vehicles used to transport passengers; (b) number of passenger seats in passenger vehicles; (c) number
26 of passenger miles provided; (d) itemized costs of providing transportation; and (e) source or sources from which funds are
27 derived. Information must be provided on a county-by-county basis in a format specified by the Department of
28 Transportation. The Department of Corrections, the Department of Education, school districts and institutions of higher
29 education are exempt from the requirements of this section. No transportation funds may be provided to any entity not in
30 compliance with the requirements of this section.
31 14. (DOT: Restructuring-Maintenance Activities) The Department of Transportation shall begin restructuring
32 operations so as to reduce maintenance activities performed with Department personnel and equipment. This restructuring
33 shall be completed no later than June 30, 1998. As part of this restructuring effort, the Department shall endeavor to use
34 private contractors for: bridge replacements; surface treatment (Class A surfacing/seal coating); thermo-plastic striping;
35 traffic signals; fencing; and guardrails whenever possible.
36 15. (DOT: Heritage Corridor Signs) Of the funds appropriated herein, $100,000 must be used by the Department for
37 fabricating and installing Heritage Corridor signs for those counties affected by this Corridor.