South Carolina General Assembly

General Appropriations Bill H. 4700 for the fiscal year beginning July 1, 1998

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        SECTION 56DD - D21 - GOVERNOR'S OFFICE                                    PAGE 470

 1         56DD.1.   (GOV: OEPP - Grant Funds Carry Forward)  Any unexpended balance on June 30, of the prior fiscal year, in 56C of this
 2     Section "Implementing Federal Programs" may be carried forward to the current fiscal year and used for matching committed and/or
 3     unanticipated Grant Funds.
 4         56DD.2.   (GOV: OEPP - Mining Council Carry Forward)  Any unexpended balance on June 30, of the prior fiscal year of funds, not
 5     to exceed $2,000, appropriated under Section 56C I Special Items: Mining Council may be carried forward and expended for this same
 6     purpose in the current fiscal year.
 7         56DD.3.   (GOV: OEPP - Developmental Disabilities Program)  The South Carolina Developmental Disabilities Program of the Office
 8     of the Governor, Office of Executive Policy and Programs is authorized to provide aid to sub-grantees for projects and services to benefit
 9     persons with developmental disabilities.  The intent of this provision is not to duplicate other State Agency programs which are considered
10     the legal and programmatic mandate of existing State agencies, but rather to fill gaps that exist in the state service delivery system related
11     to his target population as identified and addressed in the Developmental Disabilities State Plan.
12         56DD.4.   (GOV: OEPP - Development Disabilities Case Coordination System)  $112,559, less any pro rata share adjustment of any
13     mandated base budget reduction, of the sums appropriated under OEPP, Allocations to Other State Agencies must be for the South Carolina
14     Development Disabilities Case Coordination System.
15         56DD.5.   (GOV: OEPP - CCRS Evaluations & Placements)  The amount appropriated in this Section under Special Items Children's
16     Case Resolution System for Private Placement of Handicapped School-Age Children must be used for expenses incurred in the evaluation
17     of children referred to the CCRS to facilitate appropriate placement and to pay up to forty percent when placement is made in-state and
18     up to thirty percent when placement must be made out-of-state of the excess cost of private placement over and above one per pupil share
19     of state and local funds generated by the Education Finance Act, and the one per pupil share of applicable federal funds; provided it has
20     been established that all other possible public placements are exhausted or inappropriate.  The balance of funding responsibility necessary
21     to provide the child with services must be determined by the Children's Case Resolution System (CCRS) and apportioned among the
22     appropriate public agencies on the basis of the reasons for the private placement.  When the amount appropriated in this section is
23     exhausted, the funding responsibility must be apportioned according to the procedures of the CCRS.
24         56DD.6.   (GOV: SLED - Special Account Carry Forward)  Funds awarded to the State Law Enforcement Division by either court order
25     or from donations or contributions shall be deposited in a special account with the State Treasurer, and shall be carried forward from year
26     to year, and withdrawn from the Treasurer as needed to fulfill the purposes and conditions of the said order, donations or contributions,
27     if specified, and if not specified, as may be directed by the Chief of the State Law Enforcement Division.  Funds expended from the special
28     account must be annually reported by October 1st to the Senate Finance Committee and the Ways and Means Committee.
29         56DD.7.   (GOV: SLED - Computer/Communications Center Carry Forward)  Revenue generated from the operation of the Division's
30     criminal justice computer/communications center and not expended during the prior fiscal year may be carried forward and expended for
31     the same purpose during the current fiscal year.
32         56DD.8.   (GOV: SLED - Criminal Record Search Fee)  The State Law Enforcement Division is hereby authorized to charge, collect
33     and carry forward a fee, not to exceed $25 each, for criminal record searches conducted pursuant to Regulations contained in Chapter 73,
34     Article 3, Subarticle 1 of the Code of State Regulations.  Any such fees shall be retained and used for agency operations.


SECTION 56DD - D21 - GOVERNOR'S OFFICE PAGE 471 1 56DD.9. (GOV: SLED - Revenue Carry Forward) Notwithstanding any other provision of law, all revenue generated by SLED from 2 the sale of vehicles, various equipment, gasoline and insurance claims during the prior fiscal year may be retained carried forward and 3 expended for the purpose of purchasing like items. 4 56DD.10. (GOV: SLED - Agents Operations Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, in 5 subsection 56B of the Section "Agents Operations" may be carried forward and expended for the same purpose in the current fiscal year. 6 56DD.11. (GOV: OEPP - CCRS Significant Fiscal Impact) In accordance with Section 20-7-5240 (e) of the 1976 Code, "significant 7 fiscal impact" in the current fiscal year shall be defined for each designated agency as the greater of (1) funds appropriated by the General 8 Assembly for the current fiscal year on cases referred to, decided or placed through the Children's Case Resolution System or (2) that 9 agency's assigned shares in the current fiscal year of five cases decided by the Children's Case Resolution System. 10 56DD.12. (GOV: SLED - Match for Federal Grants Carry Forward) State appropriations to SLED that are required to provide match 11 for federal grant programs in the prior fiscal year may be carried forward into the current fiscal year and expended for the same purpose 12 as originally appropriated. 13 56DD.13. (GOV: SLED-Night Telephone Operators Accommodations) The State Law Enforcement Division is hereby authorized 14 to provide accommodations/utility service without any charge to night telephone operators. 15 56DD.14. (GOV: SLED - Clothing Allowance) The State Law Enforcement Division is hereby authorized to provide agents and 16 criminalists with an annual clothing allowance (on a pro rata basis) not to exceed $400 $600 per agent/criminalist for required clothing 17 used in the line of duty. 18 56DD.15. (GOV: SLED - Witness Fee) The State Law Enforcement Division is hereby authorized to charge a witness fee of $100.00 19 per hour up to $400.00 per day for each criminalist testifying in civil matters which do not involve the State as a part in interest. This fee 20 shall be charged in addition to any court prescribed payment due as compensation or reimbursement for judicial appearances and deposited 21 into a designated revenue account. 22 56DD.16. (GOV: Governor's Office Budget) All other provisions of law notwithstanding, the Office of Executive Policy and Programs 23 section, the Executive Control of State section and Mansion and Grounds section shall be treated as a single budget section for the purpose 24 of transfers and budget reconciliation. 25 56DD.17. (GOV: SLED - RAID Team) Membership of the Retaliation Against Illegal Drugs (RAID) Team and all expenses thereto 26 shall be comprised only of law enforcement agents of the State Law Enforcement Division. 27 56DD.18. (GOV: Victim Advocate Policy Committee) The policy committee appointed pursuant to Section 79.3 of the 1988-89 28 General Appropriations Act is hereby continued for the purpose of monitoring the implementation of the guidelines developed by it, 29 making such revisions as appear appropriate, assisting and advising the director in development and revision of forms, information and 30 criteria used to evaluate compliance with the guidelines by victim advocate programs in solicitor's offices. 31 The information gathered from these programs shall be aggregated by the director into the annual report of the agency which is 32 submitted to the Governor, Speaker of the House of Representatives and the President of the Senate. 33 56DD.19. (GOV: Victim Assistance Programs) It is the intent of the General Assembly that the amounts appropriated in this section 34 for victim assistance programs in solicitors' offices shall be in addition to any amounts presently being provided by the county for these 35 services and may not be used to supplant funding already allocated for such services. Any reduction by any county in funding for victim
SECTION 56DD - D21 - GOVERNOR'S OFFICE PAGE 472 1 assistance programs in solicitors' offices shall result in a corresponding decrease of state funds provided to the solicitors' office in that 2 county for victim assistance services. Each solicitor's office shall submit an annual financial and programmatic report which describes 3 the use of these funds. The report shall be submitted to the Governor, the Attorney General, the Chairman of the Senate Finance 4 Committee and the Chairman of the House Ways and Means Committee on October 1, for the preceding fiscal year. 5 56DD.20. (GOV: Establish Victim/Witness Program) The funds appropriated in this section for Victim/Witness Program must be 6 equally divided among the judicial circuits, less any adjustments made for budget reductions. The funds for each circuit must be distributed 7 to the solicitor's office of that circuit and only used by the solicitor for the purpose of establishing a Victim/Witness Program in the circuit 8 which shall provide, but not be limited to, the following services: 9 (1) Make available to victims/witnesses information concerning their cases from filing in general sessions court through disposition. 10 (2) Keep the victim/witness informed of his rights and support his right to protection from intimidation. 11 (3) Inform victims/witnesses of and make appropriate referrals to available services such as medical, social, counseling, and victims' 12 compensation services. 13 (4) Assist in the preparation of victims/witnesses for court. 14 (5) Provide assistance and support to the families or survivors of victims where appropriate. 15 (6) Provide any other necessary support services to victims/witnesses such as contact with employers or creditors. 16 (7) Promote public awareness of the program and services available for crime victims. 17 The funds may not be used for other victim-related services until the above functions are provided in an adequate manner. 18 56DD.21. (GOV: Victim/Witness Program Formula Distribution) If funds in the South Carolina Victims' Compensation Fund exceed 19 the amount required to operate the State Office of Victims Assistance and pay claims of crime victims the first $650,000 of such excess 20 must be used for Victim/Witness Programs by distribution to Judicial Circuits based on a formula and criteria developed by the Policy 21 Committee, and otherwise subject to requirements of Section 56DD.19 and 56DD.21. 22 56DD.22. (GOV: Physical Abuse Examinations) Of the funds appropriated in this section for Victims' Rights, up to $60,000 may be 23 expended for physical abuse examinations. 24 56DD.23. (GOV: SLED-ABC Enforcement-Confiscated Alcoholic Beverage Revenue) The State Law Enforcement Division is 25 directed to maintain adequate records accounting for the receipt of funds from the sale of confiscated alcoholic beverages. Such revenue 26 shall be deposited to the credit of the General Fund of the State after deducting the cost of confiscation and sale. 27 56DD.24. (GOV: Veterans' Affairs-Aid to Counties) In the allocation of the appropriation in this section as adjusted for "Aid to 28 Counties--Operation of County Office," each county shall receive an effective annual amount equal to 100% of the amount allocated to 29 it for the prior fiscal year plus an amount equivalent to base pay increases for state employees, less any adjustments made for budget 30 reductions. 31 56DD.25. (GOV: Continuum of Care - Carry Forward) The Division of Continuum of Care may carry forward funds appropriated 32 herein to continue services. 33 56DD.26. (GOV: Division of Women - Donations & Contributions) The Division of Women is authorized to accept donations and 34 contributions to provide services as authorized by state law. Such funds are to be deposited in a special account with the State Treasurer 35 and shall be carried forward from year to year, and withdrawn from the Treasurer as needed to fulfill the purposes and conditions of the
SECTION 56DD - D21 - GOVERNOR'S OFFICE PAGE 473 1 said donations or contributions, if specified, and if not specified, as may be approved by the Division of Women. State appropriations will 2 not supplement those services funded by donations or contributions. 3 56DD.27. (GOV: Division of Women - Revenue Carry Forward) The Division of Women may retain funds received from luncheon 4 fees and souvenir sales for general operating expenses. Any unexpended revenue from these sources may be carried forward into the 5 current fiscal year to be expended for the same purposes. 6 56DD.28. (GOV: Foster Care - Reduction in Funds Separation) In recognition of the fact that the funds appropriated for the Division 7 of Foster Care contain both funds appropriated for use by the Division Review System and "pass through" funds designated for use by 8 the South Carolina Protection and Advocacy for the Handicapped, any reduction in funds appropriated for either shall be calculated based 9 upon the separate funds for the respective entities rather than based upon the combined budget of the two organizations. 10 56DD.29. (GOV: Foster Care - Private Foster Care Reviews) The Division of Foster Care is authorized to restructure its programs, 11 including but not limited to, suspending reviews of children privately placed in private foster care and/or changing the location of reviews 12 of children in public foster care, to maintain continuous operations within existing resources as dictated by recent budget reductions. These 13 decisions must be based upon the availability of existing funds. This provision supersedes any previous statutory or regulatory mandate. 14 56DD.30. (GOV: Foster Care - Medicaid Eligible Children) It is the intent of the General Assembly to ensure that placements of 15 emotionally disturbed Medicaid eligible individuals under the age of twenty-one in residential therapeutic treatment are appropriate and 16 that the level of care provided each child is offered in the least restrictive environment appropriate to meet the child's treatment needs. 17 The statutory powers and functions of the Division of Foster Care are expanded to develop, implement, and manage a quality assurance 18 review system under contract with the Department of Health and Human Services. This paragraph supersedes any previous statutory or 19 regulatory mandate. 20 56DD.31. (GOV: OEPP - Federal, Other Flow Through Funds) In order to complete projects begun in a prior fiscal year, the 21 Governor's Office is authorized to expend Federal and Earmarked Funds in the current fiscal year for expenses incurred in the prior fiscal 22 year. 23 56DD.32. (GOV: SLED - Concealed Weapon Permit) The State Law Enforcement Division shall collect, retain and carry forward 24 all fees associated with the Concealed Weapon Permit program. 25 56DD.33. (GOV: Div. on Veteran's Affairs - Veteran's Roster) The funds appropriated to the Division of Veteran's Affairs as "Special 26 Item-Veteran's Roster" must be used in accordance with Part II, SECTION 73 of Act 164 of 1993, for the preparation, printing, and 27 publication of a complete roster of all South Carolina soldiers, sailors, marines, airmen, and all other military personnel who entered the 28 services of the United States in the Korean Conflict, the Vietnam Conflict, and Operation Desert Storm. 29 56DD.34. (GOV: SLED - Vehicle Theft Unit) The funds expended for the operation of the Vehicle Theft Unit authorized in item 4 30 of Section 56B of Part IA may be used to inspect a junkyard, scrap metal processing facility, salvage yard, repair shop, licensed business 31 buying, selling, displaying, or trading new and used motor vehicles or parts of motor vehicles, parking lots, and public garages, or a person 32 dealing with salvaged motor vehicles or parts of them. 33 The physical inspection must be conducted while an employee or owner is present and must be for the purpose of locating stolen motor 34 vehicles or investigating titling or registration of motor vehicles wrecked or dismantled.
SECTION 56DD - D21 - GOVERNOR'S OFFICE PAGE 474 1 56DD.35 (GOV: SLED - Commissioned Officers' Physicals) The Department is authorized to pay for the cost of physical 2 examinations for department personnel who are required to receive such physical examinations prior to receiving a law enforcement 3 commission. 4