South Carolina General Assembly

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

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 1                                                PART IB
 2
 3                       OPERATION OF STATE GOVERNMENT
 4
 5     SECTION 1 - H63 - EDUCATION, DEPARTMENT OF
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 7         1.1.   (SDE: Appropriation Transfer Prohibition)  The amounts appropriated herein for aid to subdivisions,  allocations to school districts,
 8     or special line items shall not be transferred and must be expended in accordance with the intent of the appropriation.
 9         1.2.   (SDE: Attendance/Lunch Supervisors)  The amounts appropriated in this section for Attendance Supervisors and for County School
10     Lunch Supervisors shall be used for the payment of salaries of one attendance supervisor and one lunch supervisor for each county.  In
11     the absence of a County Board of Education or with the approval of the County Board of Education in multi-district counties, the salary
12     will be proportionately distributed among the districts of the county on the basis of the 135 average daily membership of the prior year,
13     provided that such funds must be used for the supervision of the Attendance Program and the supervision of the School Food Service
14     Program respectively.  For the current fiscal year the local supplement to salaries of county School Lunch Supervisors and School
15     Attendance Supervisors shall not be reduced below the supplements paid in the prior fiscal year.
16         1.3.   (SDE: Child Development Centers)  School districts which operate Social Services Block Grant Child Development Centers shall
17     be exempt from Department of Education rules and regulations concerning Child Development Centers during the current fiscal year.
18         1.4.   (SDE: Darlington Desegregation Lawsuit)  Funds appropriated, pursuant to this act or any other act, to the Department of
19     Education for the purpose of effectuating a settlement of the Darlington Desegregation lawsuit brought against the State of South Carolina
20     or any of its political subdivisions shall be expended for instructional materials.  Unexpended funds may be carried forward from the prior
21     fiscal year to be expended for this purpose.
22         1.5.   (SDE: DHEC - Comprehensive Health Assessment)  Of the funds appropriated to the Department of Education-Administration,
23     $94,658 must be transferred to DHEC to  provide comprehensive health assessments for children entering first grade in school districts
24     having more than fifty percent of the students qualifying for free and reduced price lunches.  All school districts shall participate, to the
25     fullest extent possible, in the Medicaid program by seeking appropriate reimbursement for services and administration of health and social
26     services.  Reimbursements to the school districts shall not be used to supplant funds currently being spent on health and social services.
27     DHEC shall coordinate with the State Department of Education and the Department of Health and Human Services in submission of a
28     report to the Senate Education Committee and House Education and Public Works Committee on the effectiveness of health and social
29     programs in identifying and improving children's health status and the need for follow-up and/or additional services.
30         1.6.   (SDE: EFA Formula/Base Student Cost Inflation Factor)  To the extent possible within available funds, it is the intent of the
31     General Assembly to provide for 100 percent of full implementation of the Education Finance Act to include an inflation factor projected
32     by the Division of Budget and Analyses to match inflation wages of public school employees in the Southeast.  The base student cost for
33     FY 1997-98 1998-99 has been determined to be $1,839 $1,879 which includes a 4.5% 2.2% inflation factor.
34         Any unallocated Education Finance Act funds at the end of the current fiscal year must be allocated to the school districts for school
35     building aid on a non-matching basis on the same basis that districts receive Education Finance Act allocations.


SECTION 1 - H63 - EDUCATION, DEPARTMENT OF PAGE 395 1 1.7. (SDE: EFA - Formula) The amount appropriated in Part IA, Section 1 for "Education Finance Act" shall be the maximum paid 2 under the provisions of Act 163 of 1977 (the South Carolina Education Finance Act of 1977) to the aggregate of all recipients. The South 3 Carolina Education Department shall develop formulas to determine the State and required local funding as stipulated in the South Carolina 4 Education Finance Act of 1977. Such formulas shall require the approval of the State Board of Education and the Budget and Control 5 Board. After computing the EFA allocations for all districts, the Department shall determine whether any districts' minimum required local 6 revenue exceeds the districts' total EFA Foundation Program. When such instance is found, the Department shall adjust the index of 7 taxpaying ability to reflect a local effort equal to the cost of the districts' EFA Foundation Program. The districts' weighted pupil units 8 are to be included in determination of the funds needed for implementation of the Education Finance Act statewide. 9 In the event that the formulas as devised by the Department of Education and approved by the State Board of Education and the Budget 10 and Control Board should provide for distribution to the various school districts totaling more than the amount appropriated for such 11 purposes, subject to the provisions of this proviso, the Department of Education shall reduce each school district entitlement by an equal 12 amount per weighted pupil so as to bring the total disbursements into conformity with the total funds appropriated for this purpose. If a 13 reduction is required in the State's contribution, the required local funding shall be reduced by the proportionate share of local funds per 14 weighted pupil unit. The Department of Education shall continually monitor the distribution of funds under the provisions of the Education 15 Finance Act and shall make periodic adjustments to disbursements to insure that the aggregate of such disbursements do not exceed the 16 appropriated funds. 17 Notwithstanding any other provision of law, local districts shall not be mandated or required to inflate the base number in their 18 respective salary schedules by any percentage greater than the percentage by which the appropriated base student cost exceeds the 19 appropriated base student cost of the prior fiscal year. 20 1.8. (SDE: Employer Contributions/Allocations) It is the intent of the General Assembly that the appropriation contained herein for 21 "Public School Employee Benefits" shall not be utilized to provide employer contributions for any portion of a school district employee's 22 salary which is federally funded. 23 State funds allocated for school district employer contributions must be allocated by the formula and must be used first by each district 24 to cover the cost of fringe benefits for personnel required by the Defined Minimum Program, food service personnel and other personnel 25 required by law. Once a district has expended all state allocated funds for fringe benefits, the district may utilize food service revenues 26 to fund a proportionate share of fringe benefits costs for food service personnel. 27 The Department of Juvenile Justice and the Department of Corrections' school districts must be allocated funds under the fringe benefits 28 program in accordance with criteria established for all school districts. 29 1.9. (SDE: Employer Contributions/Obligations) In order to finalize each school district's allocations of Employer Contributions funds 30 for retiree insurance from the prior fiscal year, the Department of Education is authorized to adjust a school district's allocation in the 31 current fiscal year accordingly to reflect actual payroll and payments to the Retirement System from the prior fiscal year. In the event the 32 Department of Education is notified that an Educational Subdivision has failed to remit proper payments to cover Employee Fringe Benefit 33 obligations, the Department of Education is directed to withhold the Educational Subdivision's state funds until such obligations are met. 34 1.10. (SDE: Fees - Incidental & Matriculation) Notwithstanding any other provision of law, the board of trustees of any school district 35 which does not have the authority by any special act of the General Assembly to charge the cost of educational materials and supplies is
SECTION 1 - H63 - EDUCATION, DEPARTMENT OF PAGE 396 1 authorized to charge a fee to offset the cost of education materials and supplies. The board of trustees of each school district which charges 2 such fees is directed to develop rules and regulations for such fees which take into account the students' ability to pay and to hold the fee 3 to a minimum reasonable amount. Fees may not be charged to students eligible for free lunch and must be pro rata for students eligible 4 for reduced price lunches, if the parents or guardians of these students so request. 5 1.11. (SDE: Governor's School for Science & Math) Any unexpended balance on June 30, of the prior fiscal year of funds appropriated 6 to or generated by the Governor's School for Science and Mathematics may be carried forward and expended in the current fiscal year 7 pursuant to the direction of the Board of Trustees of the School. Of the general fund appropriation to the Governor's School for Science 8 and Mathematics, $30,000 must be used to provide for library and facilities improvements at Coker College that will be of benefit both 9 to the College and the School. 10 1.12. (SDE: Educational Responsibility/Foster Care) Notwithstanding any other provision of law, the responsibility for providing a 11 free and appropriate public education program for all children including handicapped students is vested in the public school district wherein 12 a child of lawful school age resides in a foster home, group home, orphanage, or a state operated health care facility including a facility 13 for treatment of mental illness or chemical dependence located within the jurisdiction of the school district. The districts concerned may 14 agree upon acceptable local cost reimbursement. If no agreement is reached, districts providing education shall receive from the district 15 where the child last resided before placement in a facility an additional amount equivalent to the statewide average of the local base student 16 cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act. If a child from out-of- 17 state is being resided in a facility owned and/or operated by a for profit entity, the district providing educational services shall be 18 reimbursed by the for profit entity the local district's local support per weighted pupil above the statewide average base student cost 19 multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act. School districts providing 20 the education shall notify the non-resident district in writing within 45 calendar days that a student from the non-resident district is 21 receiving education services pursuant to the provisions of the proviso. The notice shall also contain the student's name, date of birth, and 22 handicapping condition if available. If appropriate financial arrangements cannot be effected between institutions of the state and school 23 districts, institutions receiving educational appropriations shall pay the local base student cost multiplied by the appropriate pupil 24 weighting. Children residing in institutions of state agencies shall be educated with non-disabled children in the public school districts 25 if appropriate to their educational needs. Such institutions shall determine, on an individual basis, which children residing in the institution 26 might be eligible to receive appropriate educational services in a public school setting. Once these children are identified, the institution 27 shall convene an IEP meeting with officials of the public school district in which the institution is located. If it is determined by the 28 committee that the least restrictive environment in which to implement the child's IEP is a public school setting, then the school district 29 in which the institution is located must provide the educational services. However, that school district may enter into contractual 30 agreements with any other school district having schools located within a 45 mile radius of the institution. The cost for educating such 31 children shall be allocated in the following manner: the school district where the child last resided before being placed in an institution 32 shall pay to the school district providing the educational services an amount equivalent to the statewide average of the local base student 33 cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act; the school district 34 providing the educational services shall be able to count the child for all funding sources, both state and federal. The institution and school 35 district, through contractual agreements, will address the special education and related services to be provided to students. Should the
SECTION 1 - H63 - EDUCATION, DEPARTMENT OF PAGE 397 1 school district wherein the institution is located determine that the child cannot be appropriately served in a public school setting, then the 2 institution may request a due process hearing pursuant to the procedures provided for in the Individuals with Disabilities Education Act. 3 1.13. (SDE: Handicapped/Preschool Children) The State funding for free appropriate public education provided for the three and four 4 year old disabled children served under Act 86 of 1993 shall be distributed based on the district's index of taxpaying ability as defined 5 in Section 59-20-20(3). Five-year-old disabled children shall continue to be funded under the Education Finance Act of 1977. 6 1.14. (SDE: Instruction in Juvenile Detention Centers) It shall be the responsibility of the School District where a local Juvenile 7 Detention Center is located to provide adequate teaching staff and to ensure compliance with the educational requirements of this state. 8 Students housed in local detention centers are to be included in the average daily membership count of students for that district and 9 reimbursement by the Department of Education made accordingly. 10 1.15. (SDE: Revenue Authorization) The State Department of Education is hereby authorized to collect, expend, and carry forward 11 revenues in the following areas to offset the cost of providing such services: the sale of publications, brochures, photo copies, listings and 12 labels, Directory of South Carolina Schools, student health record cards, items to be recycled, and high school diplomas and certificates; 13 the collection of out-of-state and in-state investigation fees, registration fees for non-SDE employees, recurring facility inspection fees, 14 teacher certification fees; the handling of audio-visual film; the provision of contract computer services to school districts and other state 15 agencies, joint broadcast service to school districts, and education-related statistics through agreement with the National Center for 16 Education Statistics; the lease or sale of programs of television, audio or microcomputer software; the collection of damage fees for 17 instructional materials and the sale of unusable instructional materials; sale of fuel; use and repair of transportation equipment; the receipt 18 of insurance and warranty payments on Department of Education equipment and the sale of used school buses and support equipment. 19 The Department of Education is authorized to collect revenue for deposit into the State General Fund for testing material purchases and 20 test rescoring fees. Any State Department of Education fees related to certification services, except for initial certification ($49), are 21 waived. Any certification fees collected by the State Department of Education (except initial certification) since January 1, 1998, must 22 be returned to the payer of such fees. 23 1.16. (SDE: School District Bank Accounts) Notwithstanding any other provisions of law, each school district in this State, upon the 24 approval of the district's governing body, may maintain its own bank account for the purpose of making disbursement of school district 25 funds as necessary to conduct school district business and each county treasurer is hereby authorized to transfer such amount as needed, 26 upon receipt of a written order certified by the district governing body or their designee. Such order shall contain a statement that such 27 amount is for immediate disbursement for the payment of correct and legal obligation of the school district. 28 1.17. (SDE: School Lunch Program Aid) The amount appropriated herein for School Lunch Program Aid shall be divided among the 29 District and/or County Boards of Education of the State upon the basis of the number of schools participating in the School Lunch Program 30 in each county district during the prior school year. The travel expenses of the District and/or County School Lunch Supervisor shall be 31 paid from this appropriation at the prevailing rate of mileage allowed by the State. These funds may be used as an aid in improving the 32 School Lunch Program. These funds may not be used to supplement the salaries of school lunch supervisors. In the absence of a County 33 Board of Education in multi-district counties, the funds will be divided among the school districts of the county on the basis of the number 34 of schools participating in the School Lunch Program in each district during the prior school year.
SECTION 1 - H63 - EDUCATION, DEPARTMENT OF PAGE 398 1 1.18. (SDE: Teacher Classification/Other Agencies) Employees in teaching positions in schools operated by the Department of Juvenile 2 Justice, the S. C. Department of Corrections and the South Carolina School for the Deaf and the Blind shall be exempt from classification 3 by the Division of Budget and Analyses during the current fiscal year. Employees in teaching positions in schools operated by John De 4 La Howe and Wil Lou Gray Opportunity School, at the discretion of the agency, are exempt from classification by the Office of Human 5 Resources. 6 1.19. (SDE: Teachers/Temporary & Emergency Certificates) Of the funds provided for teacher salaries funds may be used to pay 7 salaries for those teachers holding temporary or emergency certificates which shall remain valid for the current school year if the local 8 board of education so requests. The State Department of Education shall submit to the General Assembly by March 1, of the current fiscal 9 year, a report showing by district the number of emergency certificates by category; including an enumeration of the certificates carried 10 forward from the previous year. No temporary or emergency certificate shall be continued more than twice. 11 1.20. (SDE: Testing/Continuous Assessment) Of the funds appropriated under Section III, Division of Education Initiatives, the 12 Department of Education is authorized to use funds currently allocated for testing in grades 1, and 2 and 6, for a final year, to field-test 13 to support current schools and offer training to other schools whose academic results contribute to their district being in greatest need 14 to use a continuous assessment system for classroom level use in Kindergarten through grade 3 and for piloting new items for the state 15 assessment system. Plans A time line for the statewide implementation of a continuous assessment system in Kindergarten through grade 16 three and for the new items for the assessment system and plans for the new assessment system must be reported to the Governor's Office, 17 the Senate Education and House Education Committees, no later than December 1, 1997 September 15, 1998. 18 Notwithstanding any other provision of law, for the 1997-98 1998-99 school year the basic skills standards-based assessment tests may 19 be administered in grades 1 and 2; and only the Basic Skills science and writing tests will be administered in grade 6; all other statewide 20 only as needed for the development of items, baseline information, and test forms; and the Basic Skills tests exit exam will continue to be 21 administered in the established grades. For grades 3-8 the standards-based assessment tests will be administered. The proposed exit exam, 22 and all standards-based assessments in science will be administered for pilot testing new items and field testing assessments. Standards 23 will not be set on the 1998 field test, but will be set after the 1999 test administration and the review by the Accountability Oversight 24 Committee. 25 1.21. (SDE: Transportation/Demonstration Sites) The Department of Education may designate the Charleston, Beaufort and/or Jasper 26 County School Districts as demonstration sites for privatization of student transportation services. and for the coordination of community 27 based public transportation services. In addition, the Budget and Control Board may assist no more than three additional school districts 28 desiring to privatize student transportation services. Funding for these pilot sites shall not exceed that presently utilized to support school 29 transportation in the site(s). Appropriated funds for school bus maintenance, gas, school bus fuel, school bus drivers and school bus fringe 30 benefits are to be used for this project. Private organizations shall provide fringe benefits to school bus drivers comparable to those 31 received as district school bus employees. 32 1.22. (SDE: Travel/Outside of Continental U.S.) School District allocations from General Funds and EIA funds shall not be used for 33 travel outside of the continental United States.
SECTION 1 - H63 - EDUCATION, DEPARTMENT OF PAGE 399 1 1.23. (SDE: Year End Closeout) The State Department of Education is authorized to expend Federal and Earmarked Funds (not 2 including State or EIA Funds) in the current fiscal year for expenditures incurred in the prior year. The Department is also authorized to 3 use appropriated funds to pay for textbooks shipped in the fourth quarter of the prior fiscal year. 4 1.24. (SDE: Transportation Collaboration) The Department of Education School Bus Maintenance Shops shall be permitted, on a cost 5 reimbursable-plus basis, to deliver transportation maintenance and services to vehicles owned or operated by public agencies in South 6 Carolina. 7 School Buses operated by school districts, other governmental agencies or head start agencies for the purpose of transporting students 8 for school or school related activities shall not be subject to State Motor Fuel taxes. Further, that school districts, other governmental 9 agencies or head start agencies may purchase this fuel, on a cost reimbursable-plus basis, from the Department of Education School Bus 10 Maintenance Shops. 11 1.25. (SDE: Kindergarten - Extended Day) Funds appropriated for the extended day portion of the five-year-old kindergarten program 12 shall be allocated at the EFA weight for half-day kindergarten students. Funding to local districts for the extended-day portion of the 13 kindergarten program shall be the number of students eligible for the federal free and reduced lunch program. Local match is required 14 for the extended-day portion of the funding. Local board of trustees shall establish policies regarding priority of service in the extended- 15 day program. However, unobligated funds which become available during the fiscal year will be redistributed to fund additional eligible 16 children served in the program on a prorated basis. The Department of Education shall immediately continue its plans to undertake a 17 comprehensive evaluation of kindergarten instructional practices, teaching strategies, and pupil/teacher ratios in order to determine best 18 practices, refine the implementation of the program, and provide professional development and technical assistance to schools and school 19 districts for full-day kindergarten. The first report of the on-going evaluation shall be provided to the Select Committee by July 30, 1998. 20 The Department of Education shall provide to the Select Committee quarterly progress reports throughout the course of the study. The 21 contractor's completed evaluation is due no later than June 30, 1999. 22 1.26. (SDE: Assisting, Developing, and Evaluating Professional Teaching--ADEPT) Funds appropriated in Part IA, Section 1 XIII.A- 23 Aid to School Districts-Act 187, may be used for the implementation of the ADEPT system or continuation of the APT system. Of the 24 funds appropriated, $115,000 is to be used to pay colleges and universities for APT and ADEPT services. The remaining funds will be 25 used to reimburse distributed to school districts and Wil Lou Gray Opportunity School, School for the Deaf and the Blind, John de la Howe 26 School, the Governor's School for Mathematics and Science and the Governor's School for the Arts and Humanities for the cost on a per 27 induction contract teacher basis to offset the costs of implementing the ADEPT program. 28 1.27. (SDE: Alternative School Programs) The Department of Education shall proceed with a study of Alternative Schooling to include 29 in-school strategies and programs as well as alternative schools, currently in place in South Carolina and across the nation. The study 30 should address, but is not limited to, curriculum requirements, facility needs, staffing and per pupil costs of successful Alternative 31 Schooling. Findings and recommendations for both urban and rural school areas shall be provided to the General Assembly by December 32 1, 1997. 33 1.28. (SDE: NTE Waiver) For individuals with work experience and content area degree, but who lack South Carolina teaching 34 credentials, the State Board of Education is authorized to waive, for an individual for one year only, the completion of the NTE (Praxis 35 II) subject area exam and pre-service institute required under the State Board of Education's Critical Need Teacher Certification Program
SECTION 1 - H63 - EDUCATION, DEPARTMENT OF PAGE 400 1 if unavoidable circumstances prevent the individual from meeting the requirements and participating in the Critical Need Program. The 2 teachers for whom this waiver is granted shall be entitled to compensation under the school district's teacher salary schedule based on 3 degree and years experience as a teacher. The State Board of Education may grant this waiver to an individual more than one time. 4 1.29. (SDE: Summer Exit Exam Cost) Funds appropriated in Part IA, Section 1 III.A may be used to offset the costs of the summer 5 administration of the Exit Examination. These funds may be expended to cover the costs related to developing, printing, shipping, scoring, 6 and reporting the results of the assessments. Local school districts may absorb local costs related to administration. 7 1.30. (SDE: Governor's School for the Arts & Humanities) Of the funds appropriated in this section for the Governor's School for the 8 Arts and Humanities, such funds may be used for personal services, operating expenses, equipment and other expenses as necessary to 9 complete the school. 10 1.31. (SDE: Governor's School for the Arts & Humanities Carry Forward) DELETED 11 1.32. (SDE: PSAT/PLAN Reimbursement) DELETED 12 1.33. (SDE: PASS - Performance and Accountability Standards for Schools) DELETED 13 1.34. (SDE: SAT Test Prep Programs) From administrative funds available, the Department of Education shall conduct a study of 14 SAT Test Prep Programs designed for college-bound high school students that are available or currently in use in South Carolina and 15 across the nation. The study should address, but is not limited to, needs assessment, expected performance outcomes, curriculum 16 requirements, facility needs, staffing and cost per pupil utilizing successful SAT test preparation programs. Findings and recommendations 17 for both urban and rural school areas shall be provided to the General Assembly by October 1, 1998. 18 1.35. (SDE: Defined Minimum Program Personnel Requirements) Administrative personal service positions required by the Defined 19 Minimum Program for South Carolina School Districts and/or any positions listed in the professional certified staff listing, may be filled 20 by appropriately certified individuals hired under a corporation or a partnership while drawing benefits from the State Retirement System 21 only when the local board of trustees reports the employment to the State Board of Education certifying the need for that particular 22 individual, demonstrating the savings in tax dollars realized, and specifying the length of this employment which must be less than one 23 year. In an emergency situation, a school district may fill a position on an interim basis not to exceed one year without the individual 24 being associated with a corporation. 25 1.36. (SDE: Public School District Performance Audit) DELETED 26 1.37. (SDE: School Buses) DELETED 27 1.38. (SDE: School Bus Specifications Committee) Prior to the expenditure of funds appropriated for new school buses, there shall 28 be established within the Department of Education a Specifications Committee. 29 All potential responsive school bus vendors shall be given an opportunity to appear before the Specifications Committee to present their 30 recommendations for school buses purchased by the State. Not until after the presentations are made will the Committee adopt 31 specifications for submittal to the Materials Management Office for procurement administration and review by the Budget and Control 32 Board. 33 Both Type C front engine and Type D rear engine bus configurations shall be approved and available for purchase in passenger 34 categories above thirty-six pupils regardless of bus application. The term of any contract awarded as a result of a Type D solicitation 35 shall not extend beyond June 30, 1999.
SECTION 1 - H63 - EDUCATION, DEPARTMENT OF PAGE 401 1 1.39. (SDE: Public School Employee Cost Savings Program) DELETED 2 1.40. (SDE: Statewide Systemic Initiative) Of the funds appropriated to the Department of Education, $75,000 must be provided to 3 the Charleston Science and Mathematics Hubs for curriculum development at the South Carolina Aquarium. 4 1.41. (SDE: School Bus Insurance) The Department of Education shall maintain comprehensive and collision insurance or self-insure 5 state-owned buses. In no event shall the Department charge local school districts for damages to the buses which are commonly covered 6 by insurance. 7 1.42. (SDE: Alternative Schools) Funds appropriated for alternative schools shall be distributed equally, not to exceed $100,000, to 8 qualifying schools as base funding. Any funds which are not distributed or become available after the initial distribution of funds shall 9 be allocated to qualifying schools on a per pupil basis according to the EFA formula with no local match required. 10 1.43. (SDE: EXCEL - Assessment) The funds appropriated for assessment shall be used as needed for implementation of the standards- 11 based assessment in grades 3-8, development of a grade one readiness test, development and piloting of items and formats for the proposed 12 exit exam, science and social studies assessments, and end-of-course tests. 13 1.44. (SDE: Grant Program for Staff Training) Funds appropriated for staff training grants for low performing schools shall be made 14 available to schools meeting the eligibility guidelines established by the State Board of Education. These guidelines must be established 15 no later than October 1998 so that funds may be distributed for use during the second semester. 16 1.45. (SDE: Regional Service Centers) The amount of General and Education Improvement Act Funds appropriated for regional 17 service centers shall be distributed on an equal basis, not to exceed a total of $200,000 to each center. The center governing boards may 18 expend these funds as appropriate for professional development and curriculum planning assistance in keeping with the intent of the grant 19 and according to any guidelines established by the State Board of Education pending the development of regulations. 20 1.46. (SDE: Modified School Year Grant Program) The State Board of Education shall develop guidelines for a grant program 21 piloting or implementing a modified school year no later than October 1, 1998 to govern the program until such time as regulations are 22 promulgated. 23 1.47. (SDE: Kindergarten Set Aside) Of the finds appropriated for the reduction of class size, grades kindergarten through grade three, 24 $500,000 shall be set aside for FY 1998-99 only, to offset any errors in the full-day kindergarten pupil count for FY 1997-98. 25
SECTION 1A - H63 - EDUCATION-EIA, DEPARTMENT OF PAGE 402 1 1A.1. (SDE-EIA: X-Local Financial Support) There shall be no required local match for Education Improvement Act funds 2 appropriated in Part IA, Section 1 X. This shall not impact or alter the requirements of Section 59-21-1030, level of financial effort per 3 pupil required of each school district; application for waiver. The inflationary increase required for local financial effort as defined in 4 Section 59-21-1030 for FY 1997-98 1998-99 is 3.2% 2.2%. 5 1A.2. (SDE-EIA: X-Prohibition on Appropriation Transfers) The amounts appropriated herein for aid to subdivisions or allocations 6 to school districts shall not be transferred or reduced and must be expended in accordance with the intent of the appropriation. 7 1A.3. (SDE-EIA: X-Revenue Shortfall) A minimum of one-half of one percent of the total estimated EIA revenue must be 8 appropriated for School Building Aid. In the event that an official EIA revenue shortfall is declared, the appropriation for EIA School 9 Building Aid shall be reduced by the amount necessary to offset the shortfall. Should EIA School Building Aid not be sufficient, each 10 remaining EIA program shall be reduced on a pro rata basis as necessary to compensate for the total revenue shortfall. Funds appropriated 11 for EIA teacher salaries and related fringe benefits in Part IA, Section 1 X.C.1. are exempt from such reduction. 12 1A.4. (SDE-EIA: XF-School Building Aid Allocation) Funds appropriated in Part IA, Section 1 X.F. School Building Aid shall be 13 transferred to a special trust fund established by the Comptroller General. Funds appropriated shall be distributed to the school districts 14 of the State for use in accordance with Section 59-21-350 of the Code of Laws of 1976. Funds shall be allocated to eligible school districts 15 on a per pupil basis. The allocation must be based on the 135 day count of average daily membership for the second preceding fiscal year. 16 1A.5. (SDE-EIA: XA-Adult Education/Literacy) From the EIA funds provided in Part IA, Section 1 X.A. for adult education, 17 $150,000 must be used to provide for ten pilot projects for rural literacy development. In addition, each county shall receive $50,000 for 18 use by the school districts for adult literacy for service delivery to adult-nonreaders and those reading at or below the eighth grade level. 19 The school districts may provide this service or may contract to have this service provided. In multi-district counties, the districts must 20 agree on the method of service delivery for the entire county and select one district to serve as the fiscal agent. 21 1A.6. (SDE-EIA: XA-Advanced Placement) Of the funds appropriated in Part IA, Section 1 X.A. for Advanced Placement, no more 22 than $500,000 must be made available on a flat rate per class basis to schools offering "singleton" Advanced Placement classes with a 23 student/teacher ratio equal to or less than ten to one. The State Board of Education shall develop guidelines for the distribution of these 24 "singleton" funds. The remaining AP funds must be distributed to the school districts of the state based upon the 135 day count of AP 25 students served. AP funds may be used to defray the testing costs of the International Baccalaureate Program which are incurred by school 26 districts at the same per-test reimbursement rate provided for Advanced Placement examinations. High schools may receive funding for 27 the allowable costs associated with ninth and tenth grade students taking Advanced Placement courses. 28 1A.7. (SDE-EIA: XA-Distribution) The money appropriated in Part IA, Section 1 X. Education Improvement Program, A. Raise 29 Academic Standards-Credits HS Diploma shall be distributed to the school districts of the state based upon the 135 day count of Average 30 Daily Membership. 31 1A.8. (SDE-EIA: XA-Gifted & Talented) Notwithstanding the provisions for Section 59-29-170, ten percent (10%) of the total state 32 dollars appropriated annually for gifted and talented programs shall be set aside for serving artistically gifted and talented students in grades 33 3-12. The State Department of Education shall allocate to districts a proportionate share of the ten percent (10%) based on the preceding 34 year's total average daily membership in grades 3-12. School districts shall service students identified as artistically gifted and talented 35 in one or more of the following visual and performing arts areas: dance, drama, music and visual arts areas. Districts may utilize their
SECTION 1A - H63 - EDUCATION-EIA, DEPARTMENT OF PAGE 403 1 proportionate share of the ten percent (10%) for the purpose of contracting with other entities to provide services to students identified 2 as artistically gifted and talented if personnel or facilities are not available in the school district for that service. The remaining ninety 3 percent (90%) of the state dollars appropriated for gifted and talented programs shall be expended in accordance with Section 59-29-170. 4 Each district receiving funds for the gifted and talented program shall include an accelerated component as a part of its academically gifted 5 and talented program. EIA-Gifted and Talented funds may be carried forward and expended for the same purpose in the current fiscal year. 6 1A.9. (SDE-EIA: XA-Gifted & Talented/CHE 8th Grade Advisement) Of the funds appropriated in Part IA, Section 1 X.A. Gifted 7 and Talented, $402,250 shall be used by the Commission on Higher Education to be expended on the eighth grade advisement program. 8 Information on the significance of the SAT and the courses recommended by the College Board as necessary to prepare for the SAT shall 9 be provided to students planning to attend a four-year college or university. For those students planning to attend a technical college, 10 program information shall be provided on the school-to-work curriculum and applied academic programs. The Commission on Higher 11 Education must provide a report on the effectiveness of the advisement program to the Select Committee by October 1 of the current year. 12 1A.10. (SDE-EIA: XS-Gifted & Talented/Governor's School for Arts) Of the funds appropriated in Part IA, Section 1 X.S. for Gifted 13 and Talented Program, $135,000 must be provided to the Governor's School for the Arts for training teachers, administrators and 14 supervisory personnel to work effectively in the identification, program development and evaluation of artistically talented students and 15 for the Outreach Program. The Governor's School for the Arts shall report to the Select Committee on the effectiveness of the training 16 and Outreach programs annually by October 1. 17 1A.11. (SDE-EIA: XA-Gifted & Talented/Jr. Academy of Science) Of the funds appropriated in Part IA, Section 1 X.A. Gifted & 18 Talented, $5,000 $75,165 must be provided to the Junior Academy of Science. The Department of Education must provide a report on 19 the effectiveness of the Academy to the EIA Select Committee by October 1. 20 1A.12. (SDE-EIA: XA-Handicapped Student Services) The money appropriated in Part IA, Section 1 X.A. for Handicapped Student 21 Services shall be used only for educational services for trainable mentally handicapped pupils and profoundly mentally handicapped pupils. 22 1A.13. (SDE-EIA: XA-Junior Scholars) The State Board of Education, through the Department of Education, must provide a report 23 on the effectiveness of the Junior Scholars programs as appropriated in Part IA, Section 1 X.A. to the EIA Select Committee by 24 October 1. 25 1A.14. (SDE-EIA: XB-Academic Assistance/Carry Forward) Any unexpended balance from the prior fiscal year in the EIA 26 appropriations in Part IA, Section 1 X.B. for Academic Assistance may be carried forward to the current fiscal year by school districts to 27 be expended to operate programs in accordance with their Academic Assistance long range plans. The Department of Education shall 28 begin provide the Select Committee, no later than August 1, 1998 with a plan for an in-depth review and evaluation of district and school 29 strategic plans; to examine the alignment of the instructional activities and benchmarks established to reach those goals; examine the 30 alignment of the instructional activities and strategies undertaken by the districts and schools with their plans; and their use of academic 31 development funds. The review shall serve as a basis for providing technical assistance to schools and school districts and 32 recommendations for needed changes in the law. The first report on the on-going evaluation shall be provided to the Select Committee 33 no later than June 30, 1998. The Select Committee shall contract for the evaluation and provide a report on the findings to the General 34 Assembly no later than September 1, 1999.
SECTION 1A - H63 - EDUCATION-EIA, DEPARTMENT OF PAGE 404 1 1A.15. (SDE-EIA: XB-Academic Assistance/Curriculum Development) Funds appropriated in Part IA, Section 1 X.B. for Act 135 2 of 1993 Other Operating must be used by the Department of Education to provide schools and school districts with technical assistance 3 on curriculum development, including implementing the Curriculum Frameworks grade-by-grade academic standards, 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 in regulations 5 promulgated by the State Board of Education. Reports on the use of these funds will be provided to the Senate Education Committee and 6 the House Education and Public Works Committee by September 1, 1998 on fiscal year 1997-98 expenditures and by September 1, 1999 7 on fiscal year 1998-99 expenditures. 8 1A.16. (SDE-EIA: XB-Academic Assistance/Early Child Development) A portion of the funds appropriated in Part IA, Section 1 9 X.B. for Academic Assistance 4-12 may be used to support components for the K-3 academic assistance if such change promotes better 10 coordination of state and federal funds provided for programs for these students. Districts requesting this waiver from the State Board of 11 Education must demonstrate how the use of these funds is in keeping with their long range plan and how the needs of the students in grades 12 4-12 will be met. 13 1A.17. (SDE-EIA: XB-Academic Assistance/Formula Funding & Distribution) Notwithstanding any other provision of law, the total 14 funding in Part IA, Section 1 X.B. for the 4-12 Academic Assistance component of Act 135 of 1993 shall be based on a derived free and 15 reduced lunch eligibility count for grades 4-12 obtained by applying the state percentage of K-3 students eligible for free and reduced lunch 16 to the 4-12 average daily membership; and funding for individual districts shall be based on two equally weighted factors; the district's 17 derived lunch percentage for grades 4-12 and its four year average for the number of 4-12 students "not meeting" standard on the state's 18 testing programs for the years 1990-1993. 19 1A.18. (SDE-EIA: XB-Academic Assistance/Reading Recovery) Of the EIA funds appropriated herein for the Academic Assistance 20 Act 135, $800,000 $900,000 shall be used for the Reading Recovery programs throughout the State. The State Department of Education 21 shall report to the EIA Select Committee on the allocation and expenditure of these funds by October 1. 22 1A.19. (SDE-EIA: XB-Academic Assistance/Remedial Adult Education) Of funds appropriated in Part IA, Section 1 X.B. for 23 Academic Assistance an amount not to exceed $1,000,000 must be used for adult education students scoring below the BSAP standard 24 on any portion of the exit examination at a weight of .114 of the base student cost as defined in the Education Finance Act. 25 1A.20. (SDE-EIA: XB - Half Day Program for Four-Year-Olds) Funds appropriated in Part IA, Section 1 X.B. for half-day programs 26 for four-year-olds shall be based on the previous three years' average for students tested as "not ready" on the CSAB, however, no district 27 shall receive less than 90 percent of the amount it received in the prior fiscal year. 28 1A.21. (SDE-EIA: XC-Black History) Funds provided for the development of the Black History curricula may be carried forward 29 into the current fiscal year to be expended for the same purpose. 30 1A.22. (SDE-EIA: XC-Critical Teacher Needs) Funds appropriated for EIA-Critical Teacher needs must be used for courses which 31 support instructional techniques and strategies in keeping with the intent of Act 135 of 1993, the Middle Schools Project, the Preparation 32 for Technologies Program, Curriculum Frameworks, the grade by grade academic achievement standards, or need established in the school 33 and district long range plans. These funds may be used for courses which support the education of students with disabilities or special 34 needs in the regular classroom. School districts may require and collect a deposit from teachers enrolling in critical teaching needs courses. 35 Upon completion of the course any deposit collected shall be returned to the teacher having made the deposit.
SECTION 1A - H63 - EDUCATION-EIA, DEPARTMENT OF PAGE 405 1 1A.23. (SDE-EIA: XC-Critical Teaching Needs/Roper Mountain) Of the funds appropriated in Part IA, Section 1 X.C. for Critical 2 Teaching Needs, $250,000 shall be disbursed to the Roper Mountain Science Center for summer workshops for public school science 3 teachers. Funds disbursed to the Roper Mountain Science Center may be carried forward. 4 1A.24. (SDE-EIA: XC-School Technology) Funds appropriated in Part IA, Section 1 X.C. for school technology shall be distributed 5 to each school district based on a ratio of district free and reduced lunches for first through third grades to the state total free and reduced 6 lunches for first through third grades. 7 1A.25. (SDE-EIA: XC-Teacher Evaluations, XH-Implementation/EIA Select) The State Department of Education, with the 8 cooperation of the school districts and teacher education institutions, must, subject to the approval of the State Board of Education, revise 9 the system for assisting, developing, and evaluating student provisional, annual and continuing contract teachers. The Department of 10 Education is authorized to expend funds provided in Part IA, Section 1 X.C. for the Teacher Evaluation System toward the revision of the 11 evaluation system. The Department of Education shall provide a report on its progress in revising the system, to include recommendations 12 to date and a state and local fiscal impact statement, to the EIA Select Committee by September 30 of the current year. The Department 13 of Education shall provide a review of the induction programs implemented by the school districts for their first year teachers to be 14 presented by September 30, 1999, to the EIA Select Committee. The Department of Education is directed to oversee the evaluation of 15 teachers at the Wil Lou Gray Opportunity School, the School for the Deaf and the Blind, the John de la Howe School, the Governor's 16 School for Mathematics and Science, and the Governor's School for the Arts and Humanities under the ADEPT model. 17 1A.26. (SDE-EIA: XC-Teacher Salaries/SE Average) The projected Southeastern average teacher salary shall be the average of the 18 average teachers salaries of the southeastern states as projected by the Division of Budget and Analyses. For the current school year the 19 projected Southeastern average teacher salary is projected to be $33,547 $34,565. It is the intent of the General Assembly to fully fund 20 or exceed the Southeastern average teacher salary as projected. 21 Funds appropriated in Part IA, Section 1 X.C. for Teacher Salaries must be used to increase salaries of those teachers eligible pursuant 22 to Section 59-20-50 (b), to include classroom teachers, librarians, guidance counselors, psychologists, social workers, occupational and 23 physical therapists, school nurses, orientation/mobility instructors and audiologists in the school districts of the state. 24 1A.27. (SDE-EIA: XC-Teacher Salaries/State Agencies) Each state agency which does not contain a school district but has 25 instructional personnel shall receive an allocation from the line item " Alloc. EIA - TEACHER/OTHER PAY" in Part IA, Section 1 X.K. 26 for teachers salaries based on the following formula: Each state agency shall receive such funds as are necessary to adjust the pay of all 27 instructional personnel to the appropriate salary provided by the salary schedules of the school district in which the agency is located. 28 Instructional personnel may include all positions which would be eligible for EIA supplements in a public school district, and may at the 29 discretion of the state agency, be defined to cover curriculum development specialists, educational testing psychologists, psychological 30 and guidance counselors, and principals. 31 The funds appropriated herein in the line item " Alloc. EIA - Teacher/Other Pay" must be distributed to the agencies by the Budget and 32 Control Board. 33 1A.28. (SDE-EIA: XC-Tech Prep) Of the funds appropriated in Part IA, Section 1 X.C. for the Tech Prep Program, $75,000 shall 34 be used by the State Department of Education, through the Tech Prep Consortia, to provide for professional development in applied 35 techniques and integration of curriculum, and professional development in career guidance for teachers and guidance counselors and
SECTION 1A - H63 - EDUCATION-EIA, DEPARTMENT OF PAGE 406 1 training mentors. In addition, $500,000 shall be allocated for Career Counseling Specialists in the Tech Prep Consortia. An amount not 2 to exceed $120,900 shall be used to coordinate and train building/construction vocational teachers. Of the funds appropriated in the prior 3 fiscal year, unexpended funds may be carried forward to the current fiscal year and expended for the same purposes. 4 1A.29. (SDE-EIA: XD-Principal Salary Supplements) Funds appropriated in Part IA, Section 1 X.D. for salary supplements for 5 principals and accompanying employer contributions must be distributed to school districts based on average daily membership (ADM). 6 Each school district shall distribute the funds as salary supplements in addition to existing compensation equally among principals and 7 assistant principals employed by the district. 8 1A.30. (SDE-EIA: XE-School Incentive Grants) Funds appropriated for EIA School Incentive Grants in the previous fiscal year may 9 be carried forward and expended during the current fiscal year by the school districts that earned School Incentive Awards during the prior 10 fiscal year. 11 1A.31. (SDE-EIA: XG-Impaired School Districts) Funds appropriated in Part IA, Section 1 X.G. for Impaired School Districts, shall 12 be used to provide grants to assist school districts in correcting education deficiencies as identified through the application of criteria 13 adopted by the State Board of Education for evaluating the quality of education in school districts. First priority for this funding shall be 14 an allocation of funds to those school districts whose education deficiencies led to the designation of "In Greatest Need of Technical 15 Assistance". Provided that the needs of such designated school districts have been met, any remaining or unallocated current year funds 16 may be used to assist other school districts whose education deficiencies led to the lesser designation of "In Need of Technical Assistance". 17 In all cases, no portion of the allocated funds may be used by the school district for administration purposes. Funds appropriated for 18 Impaired School Districts/In Need of Technical Assistance and allocated to the school districts in the prior fiscal year may be retained and 19 expended by the school districts for the same purpose during the current year. 20 1A.32. (SDE-EIA: XH-Evaluation/EIA Programs) Of the funds appropriated in Part IA, Section 1 X.H. for EIA Implementation, 21 Other Operating Expenses, $349,124 may only be used by the State Department of Education to support its contracted program evaluations 22 and the conduct of the State Board of Education's annual assessment of EIA-funded education reforms and the related report, pursuant to 23 Section 59-6-12. The remaining $250,000 appropriated in Part IA, Section 1 X.H. for EIA Implementation, Other Operating Expenses 24 shall be used to support the continuation of program and policy evaluations and studies and to support the state's participation in the Middle 25 Grades Project, at no less than $100,000, the middle grade reading, science, and math resource and career exploration project of the sixth 26 grade class at Kingstree Elementary School at no more than $25,000 and Professional Development Schools for prospective teachers. 27 Provided further, for the current fiscal year, $100,000 shall be provided to the South Carolina Educational Policy Center for a collaborative 28 project among the University of South Carolina, the Department of Education and the EIA Select Committee for the purpose of providing 29 for the technical aspects of establishing a more thorough accountability system for public schools, school districts, and the K-12 education 30 system. 31 1A.33. (SDE-EIA: XK-CHE/Teacher Recruitment) Of the funds appropriated in Part IA, Section 1 X.K. for the Teacher Recruitment 32 Program, the S. C. Commission on Higher Education shall distribute a total of $1,065,408$1,089,803 to the S.C. Center for Teacher 33 Recruitment for a state teacher recruitment program, of which $200,000 must be used for specific programs to recruit minority teachers, 34 and shall distribute $206,000 to Benedict College and $261,000$271,440 to S.C. State University to be used only for the operation of a 35 minority teacher recruitment program and therefore shall not be used for the operation of their established general education programs.
SECTION 1A - H63 - EDUCATION-EIA, DEPARTMENT OF PAGE 407 1 The S.C. Commission on Higher Education shall ensure that all funds are used to promote teacher recruitment on a statewide basis, shall 2 ensure the continued coordination of efforts among the three teacher recruitment projects, shall review the use of funds and shall have prior 3 program and budget approval. The S. C. State University program, in consultation with the Commission on Higher Education, shall extend 4 beyond the geographic area it currently serves. Annually, the Commission on Higher Education shall evaluate the effectiveness of each 5 of the teacher recruitment projects and shall report its findings and its program and budget recommendations to the House and Senate 6 Education Committees and the Education Improvement Act Select Committee by December 1. 7 1A.34. (SDE-EIA: XK-DAODAS/DARE) Of the funds appropriated in Part IA, Section 1 X.K. Other State Agencies and Entities 8 for the Department of Alcohol and Other Drug Abuse Services, $150,000 $200,000 must be transferred to the State Law Enforcement 9 Division for the operation of Drug Abuse Resistance Education (DARE) program and for the training of DARE officers in the fifth grade 10 classes of public schools in the state, and $25,000 shall be used by the Department of Alcohol and Other Drug Abuse Services to provide 11 matching funds for local governments and school districts for the DARE program. A report on the effectiveness of the DARE program 12 must be provided by the Department of Alcohol and Other Drug Abuse Services to the EIA Select Committee by October 1. 13 1A.35. (SDE-EIA: XK-Disbursements/Other Entities) Notwithstanding the provisions of Sections 2-7-66 and 11-3-50, S.C. Code 14 of Laws, it is the intent of the General Assembly that funds appropriated in Part IA, Section 1 X.K. Other State Agencies and Entities shall 15 be disbursed on a quarterly basis by the Department of Revenue and Taxation directly to the state agencies and entities referenced except 16 for the Teacher Loan Program, Centers of Excellence, the EIA Select Committee and School Technology, which shall receive their full 17 appropriation at the start of the fiscal year from available revenue. The Comptroller General's Office is authorized to make necessary 18 appropriation reductions in Part IA, Section 1 X.K. to prevent duplicate appropriations. If the Education Improvement Act appropriations 19 in the agency and entity respective sections of the General Appropriations Act at the start of the fiscal year do not agree with the 20 appropriations in Part IA, Section 1 X.K. Other State Agencies and Entities, the "other funds" appropriations in the respective agency and 21 entity sections of the General Appropriations Act will be adjusted by the Comptroller General's Office to conform to the appropriations 22 in Part IA, Section 1 X.K. Other State Agencies and Entities. 23 1A.36. (SDE-EIA: XK-Status Offenders/John De La Howe) The funds appropriated in Part IA, Section 1 X.K. for the Status Offender 24 Program shall be distributed to John De La Howe School to expand residential programs to include court ordered status offenders. 25 Components of such a program shall include collaboration between the home school district and the residential school and treatment or 26 related services to the families of students in placement. 27 1A.37. (SDE-EIA: XK-Student Loan Pgm/Teaching Loans & Governor Scholarships) Of the EIA funds provided in Part IA, Section 28 1 X.K. for the Student Loan Program sufficient funding shall be made available under the Governor's Teaching Scholarship Program for 29 renewal loans only. Students receiving these scholarships are eligible for the accelerated payback method provided for in Section 59-26- 30 20(k). Any funds in the Governor's Teaching Scholarship program which are not committed as of July 1 of the current fiscal year may 31 be used to fund student loans provided for in Section 59-26-20(k). 32 1A.38. (SDE-EIA: XL-Arts in Education) Funds appropriated in Part IA, Section 1 X.L. Arts Curricula shall be used to assist districts 33 that have not received funding for arts education during the four year pilot program; to sustain arts education initiatives that began during 34 the final year of the pilot program; and to support arts education curriculum in the visual and performing arts which incorporates strengths 35 from the Arts in Education pilot sites. These funds shall be distributed under a competitive grants program.
SECTION 1A - H63 - EDUCATION-EIA, DEPARTMENT OF PAGE 408 1 1A.39. (SDE-EIA: XL-Continuous Improvement/Innovation) Funds appropriated in Part IA, Section 1 X.L. for Continuous 2 Improvement/ Innovation and allocated to the school districts for innovative initiatives in the prior fiscal year may be retained and 3 expended by the school districts for the same purpose during the current fiscal year. 4 1A.40. (SDE-EIA: XN-Parent Education) Funds appropriated in Part IA, Section 1 X.N. shall be used to fund those sites continuing 5 to operate as Parent Education technical assistance sites in FY 1996-97 at a level not less than eighty-five percent of the amount received 6 in the prior year or according to the Parenting/Family Literacy funding allocations as established in Act 135, which ever is greater. 7 1A.41. (SDE-EIA: XN-Parenting/Family Literacy) Funds appropriated in Part IA, Section 1 X.N. for the Parenting/Family Literacy 8 Programs and allocated to the school districts for parenting projects in the prior fiscal year may be retained and expended by the school 9 districts for the same purpose during the current fiscal year. Of the funds appropriated in Part IA, Section 1 X.N. for the Parenting/Family 10 Literacy, $100,000 must be used for the Child Abuse Awareness and Prevention Project at Winthrop University and $125,000 must be 11 used for the Accelerated Schools Project at the College of Charleston. 12 1A.42. (SDE-EIA: XN-Parenting/Family Literacy/Child Abuse Awareness & Accelerated Schools) Of the funds appropriated in Part 13 IA, Section 1 X.N. for the Parenting/Family Literacy, $200,000 must be used for the Child Abuse Awareness and Prevention Project at 14 Winthrop University and $125,000 must be used for the Accelerated Schools Project at the College of Charleston. 15 1A.43. (SDE-EIA: XN-Parenting/Family Literacy/Cities-In-Schools) Notwithstanding any other provision of law, the State 16 Department of Education shall transfer $200,000 from the funds appropriated in Part IA, Section 1 X.N. Parenting/Family Literacy to 17 Cities-In-Schools Communities-In-Schools. These funds are to be utilized to provide technical assistance to local communities in 18 establishing Cities-In-Schools Communities-In-Schools programs statewide. Cities-In-Schools Communities-In-Schools will provide 19 annual reports to the State Department of Education which will include: budget expenditure data, a listing of the communities served and 20 the services provided. 21 1A.44. (SDE-EIA: X-Problem Solving Skills) It is not the intent of the General Assembly that the instruction in higher order thinking 22 skills promote New Age religion or any other religion, faith, or belief. 23 1A.45. (SDE-EIA: XR-Local School Innovation Fund) The funds provided for the Local School Innovation Fund shall be distributed 24 to the school districts on a fifty percent average daily membership and fifty percent EFA basis and shall be expended by the individual 25 school in accordance with the school's long-range school improvement plan pursuant to Act 135 of 1993. Funds shall be accounted for 26 in accordance with the EIA program or strategy. 27 1A.46. (SDE-EIA: X-Autistic Children Pilot Project) Of the EIA funds appropriated to the Department of Education, $25,000 shall 28 be provided to the Pickens County School District for a pilot project to teach the Lovaas method to autistic children in the Pickens County 29 School District during the 1997-98 school year. The purpose of this pilot is to help mainstream these children back into the classroom 30 and to reduce or eliminate future long term care costs. These funds are located in Part IA, Section 1, Program X.A. Alloc EIA-Hndcap 31 Std Srvc. 32 1A.47. (SDE-EIA: XF-School Building Aid Funds Expenditure) Funds appropriated in Part IA, Section 1 F. of this Act or in a 33 previous Appropriation Act for school building aid may be expended by the school district without application to the State Department 34 of Education or approval from the State Board of Education. The Department of Education shall require that school districts include in 35 their annual audit a verification of compliance with all applicable State laws associated with the use of these funds.
SECTION 1A - H63 - EDUCATION-EIA, DEPARTMENT OF PAGE 409 1 1A.48. (SDE-EIA: XC-National Board Certification Incentive) The funds appropriated in 1 XC for National Board Certification 2 Incentive shall be used for reimbursement of the certification fee and a one time bonus to those teachers who successfully complete the 3 certification process. Teachers who have become certified by the National Board for Professional Teaching Standards prior to June 30, 4 1998 in the current year, and under contract to teach in South Carolina through 1998-99 the following school year, are eligible to receive 5 the one-time bonus. 6 1A.49. (SDE-EIA: XC-SC Statewide Systemic Initiative) The funds appropriated in Part IA, Section 1 X.C. for National Science 7 Foundation Grants matching funds shall be used for matching funds for those math Mathematics and science hubs Science Hubs which 8 coordinate training in math support improvements in mathematics and science through resources and professional development in 9 instructional techniques and strategies, use of technology in the classroom, leadership, content in subject areas and assessment. These 10 efforts will be coordinated with programs such as Tech Prep Consortia using applied learning techniques and which assist teachers in using 11 computers in the classroom. 12 1A.50. (SDE-EIA: XF-School Building Aid) Of the funds appropriated in Part IA, Section X.F. for School Building Aid, $500,000 13 shall be allocated on a K-12 per pupil basis to the local school boards which do not have an index of taxpaying ability Multi-District Area 14 Vocational Schools. This does not include county boards of education. 15 1A.51. (SDE-EIA: XL-Innovation Projects) DELETED 16 1A.52. (SDE-EIA: X-STAR Diploma) Funds appropriated for the EIA STAR Diploma Scholarship in the prior fiscal year, may be 17 carried forward and expended during the current fiscal year for the same purpose. 18 1A.53. (SDE-EIA: X-Defined Minimum Program Personnel Requirements) Administrative personal service positions required by 19 the Defined Minimum Program for South Carolina School Districts and/or any positions listed in the professional certified staff listing, 20 may be filled by appropriately certified individuals hired under a corporation or a partnership while drawing benefits from the State 21 Retirement System only when the local board of trustees reports the employment to the State Board of Education certifying the need for 22 that particular individual, demonstrating the savings in tax dollars realized, and specifying the length of this employment which must be 23 less than one year. In an emergency situation, a school district may fill a position on an interim basis not to exceed one year without the 24 individual being associated with a corporation. 25 1A.54. (SDE-EIA: X-Manufacturing Technology Program) DELETED 26 1A.55. (SDE-EIA: XK-School Library Access to Subscription Services) DELETED 27 1A.56. (SDE-EIA: X-State Minimum Salary Schedule-Local Salary Supplement) Notwithstanding any other provision of law and 28 pursuant to Section 59-20-50, the State Department of Education is authorized to extend the existing State Minimum Salary Schedule from 29 seventeen to twenty years by one-year increments. Each additional year will be increased by one percent above the previous year. 30 The Department is authorized to delete class grade certificate columns currently on the State Minimum Salary Schedule for which no 31 staff are employed and for which graded certificates are no longer issued. 32 1A.57. (SDE-EIA: X-PSAT/PLAN Reimbursement) DELETED 33 1A.58. (SDE-EIA: X-Historical Works) DELETED 34 1A.59. (SDE-EIA: XA-Adult Education-Corrections) DELETED 35 1A.60. (SDE-EIA: X-Public School District Performance Audit) DELETED
SECTION 1A - H63 - EDUCATION-EIA, DEPARTMENT OF PAGE 410 1 1A.61. (SDE-EIA: X-Out-of-District Student Reimbursement) DELETED 2 1A.62. (SDE-EIA: School Technology Fund Carry Forward) Funds transferred from the Budget and Control Board for the K-12 3 school technology initiative may be retained and carried forward into the current fiscal year to be used for the same purpose the funds 4 were transferred. 5 1A.63. (SDE-EIA: Student Loans) Of the funds appropriated to the Teacher Loan Program, $1,000,000 shall be transferred to the 6 Department of Education with $650,000 to be used for school technology and distributed to each school district based on a ratio of district 7 free and reduced lunches for grades 1-3 to the state total free and reduced lunches for grades 1-3, and the remaining $350,000 to be used 8 for performance activities related to identifying gifted and talented students. 9 1A.64. (SDE-EIA: Oversight and Public Information) Of the funds appropriated in Part 1, Section X.O. for Oversight and Public 10 Information, $500,000 shall be used to establish an on-going public information campaign to appraise the public of the status of public 11 schools. The remaining funds are to be used to establish a public education accountability division. 12 1A.65. (SDE-EIA: Regional Service Centers) The amount of General and Education Improvement Act Funds appropriated for 13 regional service centers shall be distributed on an equal basis, not to exceed a total of $200,000, to each center. The center governing 14 boards may expend these funds as appropriate for professional development and curriculum planning assistance in keeping with the intent 15 of the grant and according to any guidelines established by the State Board of Education pending the development of regulations. 16 17 SECTION 2 - H71 - WIL LOU GRAY OPPORTUNITY SCHOOL 18 19 2.1. (WLG: Truants) The Opportunity School will incorporate into its program services for students, ages 15 and over, who are 20 deemed truant; and will cooperate with the Department of Juvenile Justice, the Family Courts, and School districts to encourage the 21 removal of truant students to the Opportunity School when such students can be served appropriately by the Opportunity School's program. 22 2.2. (WLG: Opportunity School Holiday) The Opportunity School may reschedule holidays observed by other State employees during 23 the academic year and require its employees to take the holiday periods designated in the school calendar. All days taken during these 24 holiday periods not covered by a legal holiday must be charged to leave with or without pay. The use of leave during such holiday periods 25 will not be included in calculation of daily rate compensation. 26 2.3. (WLG: GED Test) Students attending school at the Wil Lou Gray Opportunity School that are 16 years of age and are unable 27 to remain enrolled due to the necessity of immediate employment or enrollment in post secondary education may be eligible to take the 28 General Education Development (GED) Test. Prior to taking the GED the student must be pretested using the official General Education 29 Development Practice Test and score a minimum of 220. 30 2.4. (WLG: Deferred Salaries Carry Forward) Wil Lou Gray is authorized to carry forward into the current fiscal year the amount 31 of the deferred salaries and employer contributions earned in the prior fiscal year for non-twelve month employees. These deferred funds 32 are not to be included or part of any other authorized carry forward amount. 33 2.5. (WLG: Improved Forestry Practices) The Trustees of the Wil Lou Gray Opportunity School may carry out improved forestry 34 practices on the timber holdings of the school property and apply the revenues derived from them and any other revenue source on the 35 property for the further improvement and development of the school forest and other school purposes.
SECTION 3 - H75 - DEAF AND THE BLIND, SCHOOL FOR THE PAGE 411 1 3.1. (SDB: Physician Services) The School for the Deaf and the Blind is authorized to contract for the services of a physician and 2 to provide office space for the physician to be used to treat both students of the school and private patients; the School shall charge the 3 physician a fair market rental value for the office space. 4 3.2. (SDB: Student Activity Fee) The School for the Deaf and the Blind is authorized to charge to the parents of students at the school 5 a student activity fee, differentiated according to the income of the family. The required student activity fee shall not exceed $40.00. Such 6 revenue may be retained and carried forward into the current fiscal year and expended for the purpose of covering expenses for student 7 activities. 8 3.3. (SDB: Weighted Student Cost) The School for the Deaf and the Blind shall receive through the Education Finance Act the 9 average State share of the required weighted student cost for each student newly admitted into the multi-handicapped school with the 10 recommendation of the local school district. The estimated State share shall come directly from the State Board of Education at the 11 beginning of the fiscal year to be adjusted at the end of the fiscal year. This shall include any students admitted into the Reeducation 12 program for emotionally handicapped students. 13 3.4. (SDB: Admissions) Deaf, blind, multi-handicapped and other handicapped students identified by the Board of Commissioners 14 as target groups for admission to the South Carolina School for the Deaf and the Blind may be admitted by the School either through direct 15 application by parents or on referral from the local school district. The Board of Commissioners shall define the appropriate admissions 16 criteria including mental capacity, degree of disability, functioning level, age, and other factors deemed necessary by the Board. All 17 placement hearings for admission to the South Carolina School for the Deaf and the Blind shall be organized by the School. The South 18 Carolina School for the Deaf and the Blind shall obtain information from the local school district concerning the needs of the student and 19 shall prepare an Individualized Education Plan for each student admitted. All parents applying for admission of their children must sign 20 a statement certifying that they feel the South Carolina School for the Deaf and the Blind is the most appropriate placement which 21 constitutes the least restrictive environment for the individual student, based upon needs identified in the placement meeting and the 22 Individualized Education Plan. The decision concerning placement and least restrictive environment shall be reviewed annually at the 23 IEP Conference. 24 3.5. (SDB: Adult Vocational Program Fees) The School for the Deaf and the Blind is authorized to charge appropriate tuition, room 25 and board, and other fees to students accepted into the Adult Vocational Program after July 1, 1986. Such fees will be determined by the 26 School Board of Commissioners, and such revenue shall be retained and carried forward into the current fiscal year and expended by the 27 School for the purpose of covering expenses in the Adult Vocational Program. 28 3.6. (SDB: Mobility Instructor Service Fee) The School for the Deaf and the Blind is authorized to charge a fee for the services of 29 a mobility instructor to provide service on a contractual basis to various school districts in the state, and such revenue shall be retained 30 and carried forward into the current fiscal year and expended by the School for the purpose of covering expenses in the Blind School. 31 3.7. (SDB: Cafeteria Revenues) All revenues generated from cafeteria operations may be retained and expended by the institution 32 for the purpose of covering actual expenses in cafeteria operations. 33 3.8. (SDB: School Buses) The school buses of the South Carolina School for the Deaf and the Blind are authorized to travel at the 34 posted speed limit. speeds up to 55 miles per hour, not to exceed posted limit. No funds appropriated herein for equipment shall be used 35 for the purchase of governors for school buses of the South Carolina School for the Deaf and the Blind.
SECTION 3 - H75 - DEAF AND THE BLIND, SCHOOL FOR THE PAGE 412 1 3.9. (SDB: USDA Federal Grants) All revenues generated from U.S.D.A. federal grants may be retained and expended by the SCSDB 2 in accordance with Federal regulations for the purpose of covering actual expenses in the cafeteria/food service operations of the school. 3 3.10. (SDB: By-Products Revenue Carry Forward) The School for the Deaf and the Blind is authorized to sell goods that are by- 4 products of the school's programs and operations, charge user fees and fees for services to the general public: individuals, organizations, 5 agencies and school districts, and such revenue may be retained and carried forward into the current fiscal year and expended for the 6 purpose of covering expenses of the school's programs and operations. 7 3.11. (SDB: Pee Dee Resource Center for the Deaf and the Blind) From the funds provided herein, the School for the Deaf and the 8 Blind shall provide $100,000 for the establishment of a Pee Dee Resource Center for the Deaf and the Blind in Conway, S.C. 9 3.12. (SDB: Deferred Salaries Carry Forward) South Carolina School for the Deaf and the Blind is authorized to carry forward in 10 the current fiscal year the amount of the deferred salaries and employer contributions earned in the prior fiscal year for non-twelve month 11 employees. These deferred funds are not to be included or part of any other authorized carry forward amount. 12 13 SECTION 4 - L12 - JOHN DE LA HOWE SCHOOL 14 15 4.1. (JDLHS: Status Offender Carry Forward) To facilitate the period of initial program start-up, unexpended EIA status offender 16 funds distributed to John de la Howe School from the Department of Education may be carried forward and used for the same purpose. 17 4.2. (JDLHS: Fee Schedule Study) John de la Howe must submit a report to the Senate Finance Committee and the Ways and Means 18 Committee by January 15, 1998 on the feasibility of developing and implementing a schedule of sliding fees for families receiving services 19 provided by the agency. This report shall include, but not be limited to, recommendations related to the type, applicability, and amount 20 of such fees, income verification procedures and agency collection efforts for non-payment of fees. 21 22 SECTION 5A - H03 - COMMISSION ON HIGHER EDUCATION 23 24 5A.1. (CHE: Contract for Services Program Fees) The amounts appropriated in this Section for "Southern Regional Education Board 25 Contract Programs" and "Southern Regional Education Board Dues" are to be used by the Commission to pay to the Southern Regional 26 Education Board the required contract fees for South Carolina students enrolled under the Contract for Services program of the Southern 27 Regional Education Board, in specific degree programs in specified institutions and the Southern Regional Education Board membership 28 dues. The funds appropriated may not be reduced to cover any budget reductions or be transferred for other purposes. 29 5A.2. (CHE: Desegregation Activities) Higher Education institutions shall continue to support and fund desegregation activities within 30 the allocations made to each agency. 31 5A.3. (CHE: Grants for Programs in Other States) Of the funds appropriated herein, not more than the Commission on Higher 32 Education shall make available at least $25,000 may be used to make grants to South Carolina residents enrolled in an accredited 33 institution outside the State in a program (a) not offered in South Carolina, or (b) a program which differs significantly from a program 34 offered in South Carolina as determined by the Commission on Higher Education. The amount awarded to any such student must be made 35 directly to the institution for the account of the grantee.
SECTION 5A - H03 - HIGHER EDUCATION, COMMISSION ON PAGE 413 1 5A.4. (CHE: Out-of-State School of the Arts) The funds appropriated herein for Out-of-State School of the Arts must be expended 2 for an SREB Contract Program, administered by the Commission, which will offset the difference between the out-of-state cost and in-state 3 cost for artistically talented high school students at the North Carolina School of the Arts. 4 5A.5. (CHE: Real Property Disposal) Before any local area higher education commission may dispose of any real property, the 5 approval of the Budget and Control Board must be obtained. 6 5A.6. (CHE: Councils, Committees, Etc., Representation) Each four-year campus of each state-supported senior college and university 7 shall have the same representation on all formal and informal councils, advisory groups, committees, and task forces of the commission, 8 not including the formula advisory committee, as the independent four-year colleges. Representation on the Formula Advisory Committee 9 shall include from the S.C. Legislature the following voting members: two members of the Senate Finance Committee and two members 10 of the House Ways and Means Committee to be appointed by the respective chairman. 11 5A.7. (CHE: Access & Equity Programs) Of the funds appropriated herein for Desegregation Programs, the Commission on Higher 12 Education shall distribute at least $105,319 $395,043 to South Carolina State University, $26,309 to Denmark Technical College, and 13 $263,415 to the Access and Equity Program. With the funds appropriated herein for formula funding increases, the colleges and 14 universities shall supplement their access and equity programs so as to provide, at a minimum, the same level of minority recruitment 15 activities as provided during the prior fiscal year. 16 5A.8. (CHE: Performance Funding Calculations Changes) The allocations made for the immediate fiscal year following March 1 of 17 any year must may not be adjusted by the Commission due to any change in performance funding calculations. the formula and any change 18 in the input data into the formula after March 1 of the year. Any changes in allocation due to formula changes must be held in abeyance 19 until the next year's allocation as required herein. By March 1, the Commission on Higher Education shall submit the final formula and 20 the input data into the formula to the Senate Finance Committee, the House Ways and Means Committee, the Senate Education Committee, 21 and the House Education and Public Works Committee. 22 5A.9. (CHE: Reciprocal Tuition) The University of South Carolina's Aiken Campus and Aiken Technical College may offer in-state 23 tuition to any student whose legal residence is in the Richmond/Columbia County area of the neighboring state of Georgia as long as the 24 Georgia Board of Regents continues its Georgia Tuition Program by which in-state tuition is offered to students residing in the 25 Aiken/Edgefield County Area of the State of South Carolina. 26 5A.10. (CHE: Penn Center) Of the funds appropriated to Higher Education formula, $174,000$200,000 shall be allocated to the 27 University of South Carolina - Beaufort for the Penn Center Project. The funds allocated shall not be used for any other purposes and shall 28 not be reduced due to budget reductions. 29 5A.11. (CHE: Midlands Tec Property Acquisition) Before disposal of the property on which the S.C. Fire Academy currently resides, 30 Midlands Technical College must first be given the option of acquiring this property. 31 5A.12. (CHE: Southeastern Manufacturing Technology Center) The South Carolina Commission on Higher Education shall review 32 annually the activities of the Southeastern Manufacturing Technology Center and make a budget recommendation to the General Assembly. 33 The funds appropriated to the University of South Carolina - Columbia for the Southeastern Manufacturing Technology Center may not 34 be used for any other purpose.
SECTION 5A - H03 - HIGHER EDUCATION, COMMISSION ON PAGE 414 1 5A.13. (CHE: Greenville Higher Education Center Rent) Of the funds appropriated to higher education, $337,694 will be allocated 2 to Greenville Technical College to pay the annual rent for the Greenville Higher Education Center. 3 5A.14. (CHE: Property Disposal) The governing body for each technical college, public college and university shall review the real 4 property titled in the name of its institution to determine if such property is excess to the institution's anticipated needs and is available 5 for disposal. All real properties determined to be excess may be disposed of with the approval of the Budget and Control Board. The 6 proceeds of such sales are to be disposed of as follows: If the property was acquired as a gift, through tuition student fees, county funds, 7 or earned income, the proceeds may be retained by the selling institution for use in accord with established needs. The proceeds acquired 8 from the sale of real property acquired through unique State appropriations, State Capital Improvement Bonds, or formula funds are to 9 revert to the State's General Fund. The responsibility for providing any necessary documentation including but not limited to documenting 10 the fund source, of any real property proposed for sale rests with each respective institution. 11 5A.15. (CHE: SREB Funding) Funds appropriated for SREB contracts and dues may not be transferred or reduced. 12 5A.16. (CHE: Out-Of-State Tuition Subsidy Reduction) State-supported colleges and universities, including technical colleges, shall 13 not increase the tuition and fees charged to in-state undergraduate students until the institutions recapture and maintain one hundred percent 14 of the total education and general cost for out-of-state undergraduate students. No state funds can be used to provide undergraduate out-of- 15 state subsidies. 16 Should there be any in-state undergraduate tuition increase in violation of this section, the appropriations in this act to that institution 17 shall be reduced by the amount generated by that increase. 18 5A.17. (CHE: Advanced Placement) Students successfully completing advanced placement courses and receiving a score of three (3) 19 or above on the exam shall receive advanced placement credit for each course in all post-secondary public colleges in South Carolina. 20 5A.18. (CHE: African-American Loan Program) Of the funds appropriated to the Commission on Higher Education for the African- 21 American Loan Program, $130,000 $230,000 shall be distributed to South Carolina State University and $100,000 shall be distributed to 22 Benedict College, and must be used for a loan program with the major focus of attracting African-American males to the teaching 23 profession. The Commission of Higher Education shall act as the monitoring and reporting agency for the African-American Loan 24 Program. $100,000 shall be distributed to South Carolina State University for the purpose of funding the 1890 Leadership Institute. Of 25 the funds allocated according to this proviso, no more than 10% shall be used for administrative purposes. 26 5A.19. (CHE: Scholarship and Grants Allocation) In instances where the equal division of the appropriated funds between need-based 27 grants and the Palmetto Fellows Program exceeds the capacity to make awards in either program, the Commission on Higher Education 28 has the authority to re-allocate the remaining funds between the two programs until these programs are fully implemented in FY 2000- 29 2001, after which an equal division between the two programs shall be maintained. A renewal applicant must have maintained a minimum 30 cumulative grade point average of 2.0 on a 4.0 scale. A student receiving a Palmetto Fellow Scholarship whose major is in a program, 31 such as the Doctorate of Pharmacy, which does not award an intermediate undergraduate degree but only an advanced degree may 32 continue to qualify for the Palmetto Scholarship as long as the scholarship is used for undergraduate courses not exceeding four years 33 and meeting all other requirements and time restrictions. 34 5A.20. (CHE: Palmetto Fellows Scholarship) It is the intent of the General Assembly to insure that the most academically gifted 35 students who applied for the Palmetto Fellows Scholarship during 1996-97 are awarded a scholarship for the purpose of keeping these
SECTION 5A - H03 - HIGHER EDUCATION, COMMISSION ON PAGE 415 1 students in South Carolina. In addition to any student who has already been awarded a Palmetto Fellows Scholarship, any student who 2 will graduate from a high school in South Carolina and had applied and meets the following priority-ordered criteria shall be awarded a 3 Palmetto Fellow Scholarship insofar as funds are available: 4 1) All National Merit semifinalists, 5 2) All students who scored 1400 or better on their SAT (or its equivalent on the PSAT or the ACT), 6 3) All students who scored 1300 on their SAT or better (or its equivalent) with a 3.5 or better GPA, and 7 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 scale. 8 Each Palmetto Fellows scholar will receive up to $5,000 annually for up to eight semesters to pursue a baccalaureate degree at 9 participating institutions. All other sources of grant funds must be applied to the unmet total cost of attendance before calculating the 10 scholarship award. The maximum amount may not exceed the cost of attendance. To fund these additional scholarships, the Commission 11 on Higher Education is authorized to use any carry forward funds from FY 96-97 in the Palmetto Fellows Scholarship account, as well 12 as using as much as is needed to fund the remaining scholarships from the contingent annual license tax imposed on operators of licensed 13 low-level radioactive waste disposal sites. 14 5A.21. (CHE: Performance Funding) Funds appropriated in this bill or any other appropriations bill designated as performance funding 15 shall be used to implement Act 359 of 1996. Of the performance indicators prescribed the following shall be used for FY 1997-981998-99: 16 A. MISSION FOCUS 17 1. Expenditure of funds to achieve institutional mission 18 2. Approval of mission statement 19 3. Adoption of strategic plan to support the mission 20 a. The measure shall be the submission and approval of a mission statement that is in compliance with sector requirements specified 21 in Act 359. 22 B. QUALITY OF FACULTY 23 1. Performance Review for faculty to include student and peer evaluations 24 2. Compensation of FACULTYfaculty 25 3. Availability for faculty to students outside the classroom 26 a. The measure shall be FACULTY salaries by rank, discipline, and type of institution compared to national average, aspirational 27 peer group averages, or sector averages. 28 C. INSTRUCTIONAL QUALITY 29 1. Class size and student/teacher ratio 30 a. The measure shall be the average class size by sector, discipline, level, and mode of delivery compared to the average of 31 aspirational peer groups and the ratio of full-time equivalent students to full-time equivalent teaching FACULTY compared to 32 the average of aspirational peer groups or sector averages. 33 2. Credit hours taught by instructional staff 34 a. The measure shall be the average number of credit hours taught by full-time teaching faculty and full-time equivalent teaching 35 faculty, by level and sector compared to aspirational peer groups or sector averages.
SECTION 5A - H03 - HIGHER EDUCATION, COMMISSION ON PAGE 416 1 3. Program and degree accreditation 2 a. The measure shall be the number of programs listed in the Inventory of Academic Degree Programs' holding accreditation from 3 a recognized accrediting agency as a percent of the total number of programs listed in the Inventory of Academic Degree 4 Programs' for which accreditation is available. 5 4. Ratio of full-time faculty as compared to other full-time employees 6 a. The measure shall be the total number of all full-time faculty members paid from unrestricted Educational and General Funds 7 as a percent of the total number of all full-time employees paid from unrestricted Educational and General Funds. 8 D. ADMINISTRATIVE EFFICIENCY 9 1. Percentage of administrative costs as compared to academic costs 10 a. The measure shall be academic costs as a percentage of total educational and general expenditures compared to administrative 11 costs (institutional support) as a percentage of total educational and general expenditures. 12 2. Amount of general overhead costs 13 a. The measure shall be general overhead cost per full-time equivalent student. 14 E. ENTRANCE REQUIREMENTS 15 1. SAT and ACT scores of student body 16 2. High school standing, grade point averages, and activities of the student body 17 a. The measure shall be the scores of first-time entering freshmen. 18 3. SC residents a priority (under-graduate education) 19 a. The measure shall be based on the enrollment of in-state undergraduate students compared to total undergraduate students. 20 F. GRADUATES' ACHIEVEMENTS 21 1. Graduation rates 22 2. Scores of graduates' on post-undergraduate professional, graduate, or employment-related examinations and certification tests. 23 a. The measure shall be the percentage of total students taking certification examinations who pass the examination on the first 24 attempt and, if data is available, the percentage of the total students who pass the examination on subsequent attempts. 25 3. Credit hours earned of graduates 26 G. USER-FRIENDLINESS OF INSTITUTION 27 1. Transferability of Credits credits 28 a. The measure shall be the extent to which criteria, established and approved by the Commission in consultation with the higher 29 education community, are achieved by the institution. 30 2. Accessibility to the institution of all citizens of the State 31 a. The measure shall be the percent of other race undergraduate students enrolled, the total number of credit hours generated off- 32 campus in counties where no comparable program is offered by a public institution, the total number of credit hours generated 33 in-state through distance education. 34 H. RESEARCH FUNDING 35 1. Amount of public and private sector grants Financial support for reform in teacher education
SECTION 5A - H03 - HIGHER EDUCATION, COMMISSION ON PAGE 417 1 a. The measure shall be the expenditure of the current fiscal year's public and private sector research grants, gifts and local support. 2 2. Amount of public and private sector grants 3 The methodology for the distribution of performance funding to the institutions shall be based on each institutions' achievement of a 4 set of benchmarks which include both sector benchmarks and Institutional benchmarks. Sector benchmarks are to be developed by the 5 Commission on Higher Education in cooperation with the Council of College Presidents. Institutional benchmarks are to be developed, 6 as part of a strategic plan, by each institution with consent of the Commission on Higher Education. This methodology is to take into 7 consideration sector averages and institutional beginning averages in order for each institution to have the opportunity to move toward 8 their institutional benchmark and their sector benchmark. 1997-98 data Data from the prior year shall serve as the base-line for these 9 indicators and the remaining indicators required for full implementation in Fiscal Year 1999-2000 as required by Act 359 of 1996. 10 5A.22. (CHE: Palmetto Fellow Scholarships Regulations) This proviso is intended to provide direction to the Commission on Higher 11 Education in developing the regulations for the Palmetto Fellows Scholarship program and to ensure that the intent of the General 12 Assembly concerning these awards and the concerns raised in the public hearing on the awards process are addressed. These regulations 13 must be developed and resubmitted for use in the 1997-98 academic year by CHE in concert with the standing subcommittees of the 14 General Assembly to which the regulations were originally referred in time for the appropriate Committees to take immediate action upon 15 the commencement of the 1998 Legislative session. Criteria may include, but are not limited to, academic achievement, contributions to 16 school and/or community, and work experience. A nationally recognized organization should be used to assist in the development of an 17 equitable rating instrument and methodology for scholarship awards. The minimum criteria necessary in order to apply for a Palmetto 18 Fellow in 1997-98 1998-99 shall be in accordance with the 1997-98 regulations adopted by the General Assembly. an SAT or equivalent 19 ACT score of 1200, a GPA of 3.5 on a 4.0 scale and the top 5% of the class. An essay shall not be used as part of the application process. 20 SAT and ACT test scores administered in or before December of the applicant's senior year are to be considered in both the application 21 and award process. For high schools having a class size of less than 40, the 2 students with the highest GPA in their junior year, who 22 meet all other requirements, may apply for a Palmetto Fellow Scholarship. The student with the second highest GPA is to receive 15 points 23 for the class rank portion of the selection process. 24 5A.23. (CHE: Tuition/Fees Tied to Higher Educ. Price Index) Tuition and fees for in-state undergraduates at state supported 25 higher education institutions in South Carolina shall not be increased more than the previous year's Higher Education Price Index. If 26 an institution's tuition and fees are below the state average for tuition and fees, then this restriction does not apply. 27 5A.24. (CHE: SREB Scholarships) DELETED 28 5A.25. (CHE: Governor's School for Science and Math) Colleges and universities shall provide room and board free of charge 29 to the Governor's School for Science and Math students participating in the Statewide Advanced Mentoring Research Program. 30 5A.26. (CHE: Performance Funding Allocation) Of the funds appropriated to the colleges and universities, $250,000,000 shall 31 be distributed utilizing a minimum of 22 of the performance prescribed by law. In order to provide institutions sufficient information to 32 plan for the future, it is the responsibility of the Commission to forecast for each institution the impact performance funding will have on 33 their institution. This forecast is to be provided to each institution and to the General Assembly by September 1998. 34 5A.27. (CHE: Physician Assistant's Program) Of the funds appropriated to the Colleges and Universities, $300,000 shall be 35 allocated to Greenville Technical College for the implementation of the Physician Assistant's Program.
SECTION 5A - H03 - HIGHER EDUCATION, COMMISSION ON PAGE 418 1 5A.28. (CHE: Nonresident Fee Waiver) Beginning July 1, 1998, State-supported colleges and universities, including the technical 2 colleges, may waive the nonresident portion of tuition and fees for those students who are participating in international Sister-State 3 agreement programs which the Governor and the General Assembly have entered to promote the economic development of South Carolina. 4 The nonresident fee waiver for the students is applicable only for those Sister-State agreements where South Carolina students receive 5 reciprocal consideration. The Commission on Higher Education, through coordination with the Budget and Control Board, will annually 6 notify institutions of the Sister-State Agreements eligible for the nonresident fee waiver. The credit hours generated by these students shall 7 be included in the Mission Resource Requirement for funding. 8 9 SECTION 5B - H06 - HIGHER EDUCATION TUITION GRANTS 10 11 5B.1. (HETG: Disbursal of Grant Funds/Interest Earnings) South Carolina Tuition Grants Program funds shall be disbursed to eligible 12 students on a semester-by-semester basis. Interest accrued on the balance of undisbursed tuition grants programs funds on deposit with 13 the State Treasurer's Office from September 15 through December 31 shall be calculated by the State Treasurer's Office and transferred 14 within 30 days to the South Carolina Tuition Grants Program to be awarded as tuition grants to eligible students. 15 16 SECTION 5C - H09 - THE CITADEL 17 18 5C.1. (CIT: Women's Leadership Carry Forward) Of the funds appropriated in Item 50, Section 2 of Act 146 of 1995, for The Citadel's 19 Women's Leadership Program, $440,000 shall be carried forward to be used in Fiscal Year 1997-98 for the costs involved with assimilating 20 females into the Citadel. 21 22 SECTION 5K - H27 - UNIVERSITY OF SOUTH CAROLINA 23 24 5K.1. (USC: Palmetto Poison Control Center) Of the funds appropriated or authorized herein, the University of South Carolina shall 25 expend at least $150,000 on the Palmetto Poison Control Center. 26 5K.2. (USC: Public Service Activities) Of funds appropriated to the University of South Carolina in Section 5K.A. for public service 27 activities, $25,000 shall be provided for the continuing operation of the Gerontology Project, $90,624 shall be provided for the Law 28 Enforcement Census and Annual Law Enforcement Report which is to be prepared by the Office of Agency Research and Service, College 29 of Criminal Justice, and $20,000 for the Old Fort Congaree Project. 30 5K.3. (USC: Confederate Relic Room Rent) Rent may be charged by the University of South Carolina to the Confederate Relic Room, 31 for the use of space occupied as of June 30, 1992, in accordance with procedures established by the Budget and Control Board. 32 5K.4. (USC: Child Development Centers - Indirect Cost Partial Waiver) The University of South Carolina, Columbia, Lancaster, 33 Spartanburg, and Union Campuses shall be allowed to apply a 5% indirect cost rate for their four early childhood education centers 34 supported by the SC Health and Human Services Block Grant for FY 93-94. 35 5K.5. (USC: Indirect Cost Recovery Waiver for Summer Food Service Program) The University of South Carolina is granted partial
SECTION 5K - H27 - UNIVERSITY OF SOUTH CAROLINA PAGE 419 1 waiver of the remittance of indirect cost recoveries for the Summer Food Service Program supported by the Federal Department of 2 Agriculture through the Department of Social Services. The waiver may not exceed the amount of direct administrative cost for the 3 program. 4 5K.6. (USC: School of Medicine Practice Plan) Employees of agencies and institutions affiliated with the University of South Carolina 5 School of Medicine, who hold faculty appointments in the School, may participate in the School's Practice Plan. Funds generated by such 6 participants shall be handled in accordance with University policies governing Practice Plan funds 7 5K.7. (USC: School Improvement Council) Of the funds appropriated to the University of South Carolina Columbia Campus, 8 $100,000 shall be used for the School Improvement Council. 9 10 SECTION 5M - H54 - MEDICAL UNIVERSITY OF SOUTH CAROLINA 11 12 5M.1. (MUSC: Family Practice Residency System) Statewide family practice residency system funds appropriated for faculty salaries, 13 teaching services, and consultant fees may only be expended when the above activities are accomplished for educational purposes in the 14 family practice centers. Authorization is hereby granted to the Medical University of South Carolina to expend such funds in hospital- 15 based clinical settings apart from the consortium hospital, when such settings are determined by the President of the Medical University 16 of South Carolina with approval of the Board of the Medical University to provide appropriate educational experience and opportunities 17 to the family practice residents and these funds shall not be transferred to any other program. 18 5M.2. (MUSC: Ombudsman Program) From the funds appropriated in this section, the Medical University of South Carolina shall 19 provide the space needed for the Ombudsman Program of the Office of the Governor and shall provide pertinent written statements, 20 documents, exhibits and other items, as well as any other assistance, that is deemed necessary for the performance of the program's 21 mandates. 22 5M.3. (MUSC: AHEC Residency Programs Formula Funding) South Carolina Area Health Education Consortium (S.C. AHEC) shall 23 be awarded funding for the Statewide Family Practice Residency System, and the Graduate Doctor Education Program, and the Area 24 Health Education Center Program based on the appropriate formula, as approved by the S.C. AHEC and the Commission on Higher 25 Education, and the level of funding shall be the same percentage as funding methodology shall be applied in a manner consistent with that 26 of the other State Institutions of Higher Education. 27 5M.4. (MUSC: AHEC Residency Programs Funds) Funds allocated for the residency programs (Statewide Family Practice and 28 Graduate Doctor Education) shall be used for those programs only. Funds allocated for the Area Health Education Center program shall 29 be used for that program only. 30 5M.5. (MUSC: AHEC Rural Physician Recruitment Program) The funds appropriated to The Medical University of South Carolina 31 for the "rural physician program" shall be administered by the SC AHEC Physician recruitment office. The Medical University of South 32 Carolina shall be responsible for the fiscal management of funds to ensure that state policies and guidelines are adhered to. A legislatively 33 appointed Board is hereby created to manage and allocate these funds in the best interests of the citizens of South Carolina. The Board 34 will be composed of the following: The Executive Director, or his designee, of the SC Primary Care Association; the Dean, or his 35 designee, of the USC School of Medicine; the Executive Director, or his designee, of the S.C. Medical Association; two representatives
SECTION 5M - H54 - MEDICAL UNIVESITY OF SOUTH CAROLINA PAGE 420 1 from rural health care settings, one to be appointed by the Chairman of the Senate Medical Affairs Committee and one to be appointed 2 by the Chairman of the House Medical, Military, Public and Municipal Affairs Committee; the Commissioner, or his designee, of the 3 Department of Health and Environmental Control; the Executive Director, or his designee, of the S.C. Hospital Association; the 4 Commissioner, or his designee, of the Commission on Higher Education; and the Director, or his designee, of the Department of Health 5 and Human Services. The Chairman, with the concurrence of the Board, shall appoint 3 at-large members with 2 representing nursing and 6 1 representing allied health services in South Carolina. 7 5M.6. (MUSC: Diabetes Center of Excellence) Of the funds appropriated to the Medical University of South Carolina, $396,000 shall 8 be used for a Diabetes Center of Excellence. 9 5M.7. (MUSC: Realign Appropriations) In consultation with the Senate Finance Committee and the House Ways and Means 10 Committee, the Medical University of South Carolina is authorized to realign its Fiscal Year 1997-98 1998-99 appropriations into a revised 11 structure to reflect actual program operations. 12 13 SECTION 5N - H59 - TECHNICAL & COMPREHENSIVE EDUCATION BOARD 14 15 5N.1. (TEC: Real Property Acquisition) Before any local technical education area commission may acquire any real property, the 16 approval of the State Board for Technical and Comprehensive Education and the State Budget and Control Board and the Joint Bond 17 Review Committee shall be obtained. 18 5N.2. (TEC: Training of New & Expanding Industry) Notwithstanding the amounts appropriated in this section for "Special Schools", 19 it is the intent of the General Assembly that the State Board for Technical and Comprehensive Education expend whatever available funds 20 as are necessary to provide direct training for new and expanding business or industry. In the event expenditures are above the 21 appropriation, the appropriation in this section for "Special Schools" shall be appropriately adjusted, if and only if, revenues exceed 22 projections and the Budget and Control Board approves the adjustment. 23 5N.3. (TEC: Training of New & Expanded Industry Carry Forward) In addition to the funds appropriated in this section, any of the 24 funds appropriated under this section for the prior fiscal year which are not expended during that fiscal year may be carried forward and 25 expended for direct training of new and expanding industry in the current fiscal year. 26 5N.4. (TEC: Training of New & Expanded Industry - Payments of Prior Year Expenditures) The State Board for Technical and 27 Comprehensive Education may reimburse business and industry for prior year training costs billed to the agency after fiscal year closing 28 with the concurrence of the Comptroller General. 29 5N.5. (TEC: Motorcycle Rider Safety Program) DELETED 30 5N.6. (TEC: Special Schools Carry Forward) Of the Special School funds carried forward, the State Board for Technical and 31 Comprehensive Education may advance up to $400,000 to Spartanburg Technical College for the acquisition of the Duncan Training 32 Facility. 33 5N.7. (TEC: NC/GA Reciprocal) The South Carolina Technical Colleges may offer in-state tuition to the bordering North Carolina 34 and Georgia communities when a negotiated reciprocal agreement is in effect with the two-year colleges in these neighboring regions and 35 when students from these out-of-state communities are employed by South Carolina employers who pay South Carolina taxes.
SECTION 5N - H59 - TECHNICAL & COMPREHENSIVE EDUCATION BOARD PAGE 421 1 5N.8. (TEC: Professionally Licensed Training) No state funds, appropriated pursuant to this section, may be used to offer new courses 2 for preparing students to stand a state professional licensing examination for Cosmetology in order that they be professionally licensed 3 under the licensing requirements administered by the Department of Labor, Licensing or Regulation, in a county where there is available 4 two (2) or more public and/or private funded schools offering such training. 5 6 SECTION 6 - H67 - EDUCATIONAL TELEVISION COMMISSION 7 8 6.1. (ETV: Grants/Contributions Carry Forward) The Educational Television Commission shall be permitted to carry forward any 9 funds derived from grant awards or designated contributions and any state funds necessary to match such funds, provided that these funds 10 be expended for the programs which they were originally designated. 11 6.2. (ETV: School Reception Equipment Purchase) Of the funds appropriated to ETV for School Services, $183,000 must be used 12 exclusively for school reception equipment supplies and maintenance. 13 6.3. (ETV: New Facility Equipment Purchases & Renovations) Notwithstanding any other provisions of law, the Commission, with 14 approval by the Budget and Control Board, is allowed to sell or lease its facilities, equipment, programs, publications, and other program 15 related materials, and funds received therefrom may be used for equipment purchases and renovations of the new facility. 16 6.4. (ETV: Adjacent Property Construction/Renovation) The funds authorized for the Educational Television Commission in sub- 17 subitem (b) of subitem (15), Section 1, of Act 638 of 1988, may also be used for the construction and renovation of properties adjacent 18 to the state owned State-Record property. These funds must not be spent on facilities located on the adjacent properties until they are 19 owned by the Education Television Endowment of South Carolina and until the State has an option to acquire these properties from the 20 Endowment for $1.00. 21 6.5. (ETV: Digital Satellite) The state's digital satellite video transmission system will support public and higher education, enhance 22 the statewide delivery of health care services, improve public service, and assist state agencies with statewide personnel training. To 23 facilitate the achievement of these objectives, there is created a Video Resources Oversight Council composed of representatives of the 24 South Carolina Educational Television Commission, the State Department of Education, the Commission on Higher Education, the Human 25 Services Coordinating Council, and the Budget and Control Board's Division of Budget and Analyses, Office of Information Technology 26 Policy and Management. 27 6.6 (ETV: School Technology Fund Carry Forward) Funds transferred from the Budget and Control Board for the K-12 school 28 technology initiative may be retained and carried forward into the current fiscal year to be used for the same purpose the funds were 29 transferred. 30 31 SECTION 7 - H73 - VOCATIONAL REHABILITATION 32 33 7.1. (VR: Production Contracts Revenue) All revenues derived from production contracts earned by the handicapped trainees of the 34 Evaluation and Training Facilities (Workshops) may be retained by the State Agency of Vocational Rehabilitation and used in the facilities 35 for Client Wages and any other production costs; and further, any excess funds derived from these production contracts be used for other
SECTION 7 - H73 - VOCATIONAL REHABILITATION PAGE 422 1 operating expenses and/or permanent improvements of these facilities. 2 7.2. (VR: Reallotment Funds) To maximize utilization of federal funding and prevent the loss of such funding to other states in the 3 Basic Service Program, the State Agency of Vocational Rehabilitation be allowed to budget reallotment and other funds received in excess 4 of original projections in following State fiscal years. 5 7.3. (VR: Basic Support Program Reconciliation) The General Assembly hereby directs the Department of Vocational Rehabilitation 6 to complete a reconciliation of the cost to operate the Basic Support program related to the combination of State and Federal funds available 7 following the close of each Federal fiscal year. Such reconciliation shall begin with the Federal fiscal year ending September 30, 1989. 8 Federal funds participation for that period shall be applied at the maximum allowable percentage and the level of those funds on hand 9 which have resulted from the over participation of State funds shall be remitted to the General Fund within 120 days following the close 10 of the Federal fiscal year. This reconciliation and subsequent remission to the General Fund shall be reviewed by the State Auditor to 11 ensure that appropriate Federal/State percentages are applied. It is the intent of the General Assembly that Federal/State percentages 12 budgeted and appropriated shall in no way be construed as authorization for the Department to retain the Federal funds involved. 13 7.4. (VR: User/Service Fees) Any revenues generated from user fees or service fees charged to the general public or other parties 14 ineligible for the Department's services may be retained to offset costs associated with the related activities so as to not affect the level of 15 service for regular agency clients. 16 7.5. (VR: Meal Ticket Revenue) All revenues generated from sale of meal tickets may be retained by the agency and expended for 17 supplies to operate the agency's food service programs or cafeteria. 18 7.6. (VR: Technology Assistance for Disabled) The Department shall convene a committee of interested parties and agencies to 19 develop a plan and recommendations for the establishment of a program for assistive technology assistance for members of the public with 20 disabilities. The report shall be submitted to the General Assembly and the Governor by December 1997. 21 22 SECTION 8 - J02 - HEALTH AND HUMAN SERVICES, DEPARTMENT OF 23 24 8.1. (DHHS: Recoupment/Restricted Fund) The Department of Health and Human Services shall recoup all refunds and identified 25 program overpayments and all such overpayments shall be recouped in accordance with established collection policy. Further, the 26 Department of Health and Human Services is authorized to maintain a restricted fund, on deposit with the State Treasurer, to be used to 27 pay for liabilities and improvements related to enhancing accountability for future audits. The restricted fund will derive from prior year 28 program refunds. The restricted fund shall not exceed one percent of the total appropriation authorization for the current year. Amounts 29 in excess of one percent will be remitted to the General Fund. 30 8.2. (DHHS: Long Term Care Facility Reimbursement Rate) The Department, in calculating a reimbursement rate for long term care 31 facility providers, shall obtain for each contract period an inflation factor, developed by the Budget and Control Board, Division of Budget 32 and Analyses. Data obtained from Medicaid cost reporting records applicable to long term care providers will be supplied to the Budget 33 and Control Board, Division of Budget and Analyses. A composite index, developed by the Budget and Control Board, Division of Budget 34 and Analyses will be used to reflect the respective costs of the components of the Medicaid program expenditures in computing the 35 maximum inflation factor to be used in long term care contractual arrangements involving reimbursement of providers. The Division of
SECTION 8 - J02 - HEALTH AND HUMAN SERVICES, DEPARTMENT OF PAGE 423 1 Budget and Analyses of the Budget and Control Board shall update the composite index so as to have the index available for each contract 2 renewal. 3 The Department may apply the inflation factor in calculating the reimbursement rate for the new contract period from zero percent (0%) 4 up to the inflation factor developed by the Division of Budget and Analyses. 5 8.3. (DHHS: Medical Assistance Audit Program Remittance) 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 Assistance Audit 7 Program as established in the State Auditor's Office of the Budget and Control Board Section 63E. Such amount shall also include 8 appropriated salary adjustments and employer contributions allocable to the Medical Assistance Audit 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 Control Board. 10 8.4. (DHHS: Medicaid Income Limitation) The income limitation for the Medicaid Program shall continue to be three hundred 11 percent of the SSI single payment maximum. 12 8.5. (DHHS: Third Party Liability Collection) The Department of Health and Human Services is allowed to fund the net costs of any 13 Third Party Liability and Drug Rebate collection efforts from the monies collected in that effort. 14 8.6. (DHHS: Medicaid State Plan) Where the Medicaid State Plan is altered to cover services that previously were provided by 100% 15 state funds, the Department can bill other agencies for the state share of services provided through Medicaid. The Department will keep 16 a record of all services affected and submit periodic reports to the Senate Finance and House Ways and Means Committees. 17 8.7. (DHHS: Medically Indigent Assistance Fund) The Department is authorized to expend disproportionate share funds to all eligible 18 hospitals with the condition that all audit exceptions through the receipt and expenditures of these funds are the liability of the hospital 19 receiving the funds. To the extent that any disproportionate share funds authorized under this section exceed a specific hospital's cost, such 20 funds must be spent on health care services by a governmental entity. These funds must be used to reimburse the hospital for expenses 21 in providing uncompensated indigent care. 22 8.8. (DHHS: Admin. Days/Swing Beds Reduction Prohibition) Funds appropriated herein for hospital administrative days and swing 23 beds shall not be reduced in the event the agency cuts programs and the services they provide. 24 8.9. (DHHS: Nursing Home Sanctions) The Department of Health and Human Services is authorized to establish an interest bearing 25 Restricted Fund with the State Treasurer, to deposit fines collected as a result of nursing home sanctions. The Department may use these 26 funds to protect the life, health, and property of patients in nursing homes, including payment for the costs of relocation of residents to 27 other facilities, maintenance of operation of a facility pending correction of deficiencies or closure. 28 8.10. (DHHS: Reimbursement Formula Changes) To the extent the Department can increase Medicaid federal matching funds through 29 changes in reimbursement formulas for other state providers, the Department, with the permission of the state providers, is authorized to 30 retain these funds in an earmarked account on deposit with the State Treasurer and use these funds to cover unanticipated health and human 31 services expenditures. The Department should not hold any other state provider liable for disallowances resulting from these changes. 32 Any funds realized as a result of this proviso shall be reported as part of the following year budget process. 33 8.11. (DHHS: Managed Care) The Insurance Law of South Carolina and the regulations promulgated thereunder shall not apply to 34 partially capitated, primary care providers, insofar as such groups or individuals are defined by and agree to provide health care services 35 under South Carolina's Medicaid Managed Care Program.
SECTION 8 - J02 - HEALTH AND HUMAN SERVICES, DEPARTMENT OF PAGE 424 1 8.12. (DHHS: Child Care and Development Block Grant) The Department of Health and Human Services (DHHS) shall use the funds 2 appropriated to provide matching funds for the new Child Care and Development Block Grant. DHHS, in coordination with the 3 Department of Social Services, shall use these child care funds to support the state's welfare reform program (Family Independence Act 4 of 1995) and to provide temporary child care services to other low income working families. 5 8.13. (DHHS: Residential Care Optional Supplement) From the appropriation made herein for General Assistance Residential Care 6 Facilities, the Department will supplement the income of individuals who reside in those licensed residential care facilities that have an 7 approved Optional Supplement Request with the Department. Individuals who reside in those residential care facilities with approved 8 Optional Supplement Requests must also qualify as aged, blind or disabled under the definitions of Public Law 92-603, U.S. Code, or who 9 would qualify except for income limitations or residence in a residential care facility reclassified as a public institution by the Social 10 Security Administration. For the period of the current fiscal year, the Department will, based on availability of funds, supplement the 11 income of the above defined group up to a maximum of $795.00 per/month and the residential care facilities are authorized to charge a 12 fee of $762.00 per/month for the defined group. Each individual in the defined group is allowed a $33.00 per/month personal needs 13 allowance. The Department will issue the recipient an Optional Supplement check in an amount that will permit the recipient to comply 14 with the above payments; however, DHHS will devise a payment system which will reflect a daily occupancy and will issue a single check 15 to each enrolled facility participating in the OSS program. if If the federal government grants a cost of living increase to Social Security 16 and Supplemental Security Income recipients, the Department will increase the residential care payment by the amount of the cost of living 17 increase minus $2.00 per recipient for an increase in the Personal Needs Allowance from $33 to $35. This increase to the Personal Needs 18 Allowance applies to all OSS recipients regardless of whether they receive Social Security and/or Supplemental Security Income. The 19 maximum amount of payment a facility can charge will be increased by the same amount as the cost of living increase, less $2.00. the The 20 maximum amount that the facility is permitted to charge is $762.00. The Department shall establish the maximum number of Optional 21 Supplement Requests that can be funded and will develop a waiting list based on present and future applications received from each county. 22 Each facility that participates in the Optional Supplement Program must submit a notarized operating cost report. The cost information 23 will include all income and operating costs for the facility. The Department will develop a time schedule for reports to be submitted. 24 Facilities failing to submit costs information and adhere to the time schedule will not be eligible to serve Optional Supplement residents. 25 Information received by the Department will be consolidated and submitted to the Senate Finance Committee and the Ways and Means 26 Committee. The Department shall explore any options for maximizing state matching dollars in the provision of services to residents of 27 licensed community residential care facilities and options for reviewing the quality and adequacy of care and report to the Senate Finance 28 Committee, the Ways and Means Committee and the Governor's Office no later than January 15, 1998. All services rendered to a 29 Residential Care Facility resident must be in compliance with state health licensing laws and regulations. 30 8.14. (DHHS: Medical Home for Clients) The Department of Health and Human Services (DHHS) shall establish a program to 31 encourage physicians to establish a "medical home" for Medicaid clients. This program is intended to provide continuity of care for 32 Medicaid clients, increase access to primary care services for Medicaid clients and ensure increased and continued participation in the 33 Medicaid program by physicians who render primary care services. The DHHS shall have the responsibility to define a "medical home" 34 and have signed agreements with physicians willing to meet the requirements of providing a "medical home." Physicians signing 35 agreements to become medical homes for Medicaid will receive enhanced reimbursement to be defined by DHHS. Federally Qualified
SECTION 8 - J02 - HEALTH AND HUMAN SERVICES, DEPARTMENT OF PAGE 425 1 Health Centers (FQHCs) and Rural Health Centers (RHCs) must meet the requirements set forth for a "medical home" in order to continue 2 to receive cost based reimbursement from DHHS. 3 8.15. (DHHS: Nursing Services) In the delivery of services in the Medicaid program, LPN's are authorized to provide services in home 4 or residential settings without on-site supervision by an RN provided the RN has approved the plan of care. RN's are authorized to approve 5 a plan of care which provides for LPN's to provide services in a home or residential setting without direct on-site supervision. 6 8.16. (DHHS: Div. on Aging - State Match Funding Formula) Of the state funds appropriated under "Distribution to Subdivisions", 7 the first allocation by the Division on Aging shall be for the provision of required State matching funds according to the Division's formula 8 for distributing Older Americans Act funds, based on the official United States census data for 1990. The balance of this item, but not 9 to exceed five hundred thousand dollars ($500,000) shall be distributed equally to the planning and service areas of the State. In the event 10 State appropriations are reduced, reductions to the planning and service areas shall be based on amounts distributed in accordance with 11 the previous requirements. 12 8.17. (DHHS: Div. on Aging - State Matching Funds Carry Forward) Any unexpended balance on June 30 of the prior fiscal year, of 13 the required State matching funds allocation, of the amount appropriated in this section under Distribution to Subdivisions, shall be carried 14 forward in the current fiscal year to be used as required state matching funds for Federal funds awarded to subdivisions on or before 15 September 30 of the current fiscal year. 16 8.18. (DHHS: Div. on Aging - Recycle Program) The Division on Aging is hereby authorized to collect, expend, and carry forward 17 not more than $1,000 in revenues from the sale of items to be recycled. 18 8.19. (DHHS: Div. on Aging - Registration Fees) The Division on Aging is authorized to receive and expend registration fees for 19 educational, training, and certification programs. 20 8.20. (DHHS: Div. on Aging - Alzheimer's Matching Grants) Of the funds appropriated herein for Alzheimers, grants awarded to assist 21 communities and entities in addressing problems relative to Alzheimer's disease and other related disorders must be matched with 22 additional funds or in-kind contributions by the community or other entity equal to the amount of funds awarded in the grant. 23 8.21. (DHHS: Prescriptions) From the funds appropriated herein, the Department is directed to increase the prescription/refill limit 24 to four (4) prescriptions/refills per month for each recipient effective January 1, 1999, and to ensure that unlimited prescription/refill 25 coverage is available for children. 26 8.22. (DHHS: Dental Home) The Department shall establish a program to encourage dentists to establish a "dental home" for 27 Medicaid clients. This program shall provide Medicaid clients with continuity of care, increase access to dental care services and ensure 28 dentists' participation who render primary care services. The Department shall define "dental home" and administer signed agreements 29 with dentists agreeing to meet the requirements of the program. Dentists signing agreements will receive enhanced reimbursements 30 defined by the Department. Federally Qualified Health Centers must meet the requirements set forth for a "dental home" in order to 31 continue to receive cost based reimbursement. 32 8.23. (DHHS: Division on Aging Transfer) Notwithstanding any other provision of law, effective July 1, 1997, the duties, functions 33 and responsibilities of the Division on Aging in the Office of the Governor are transferred to the Department of Health and Human 34 Services as the Office on Aging. The director of the Department must employ a deputy director to be the administrator for the office. 35 8.24. (DHHS: Working Disabled) From the funds appropriated herein, the Department is directed to provide Medicaid benefits during
SECTION 8 - J02 - HEALTH AND HUMAN SERVICES, DEPARTMENT OF PAGE 426 1 the current year to working disabled individuals whose family income is less than 250% of the federal poverty level and who would be 2 considered to be receiving Supplemental Security Income (SSI) benefits except for their earned income. 3 8.25. (DHHS: Residential Care Pilot Project) The Department shall establish a pilot project to determine the appropriateness and 4 feasibility of providing care to dementia patients, including Alzheimer's patients, in residential care facilities that meet nursing home level 5 of care criteria. In order to fund the appropriate level of care, the Department shall develop, if feasible, a methodology to provide 6 Medicaid services to these patients. State matching funds must be identified from the existing state funding provided to the Optional 7 Supplement Program. DHHS must report on the progress and findings of this pilot project to the House Ways and Means Committee, the 8 Senate Finance Committee and the Governor by March 15th of each year. 9 8.26. (DHHS: Chiropractic Services) From the funds appropriated herein, the Department is directed to provide coverage for 10 chiropractic services determined necessary by a licensed medical doctor for Medicaid eligible recipients. 11 8.27. (DHHS: Long Term Care System) The Department of Health and Human Services and the Department of Health and 12 Environmental Control shall, in coordination with other appropriate agencies and organizations, develop a system of services which 13 provides a continuum of long term care services for elderly individuals and their families. The system shall integrate available funding 14 streams, design a common intake system, incorporate recipient directed care and voucher options to the extent possible, expand the current 15 continuum to better address all levels of care needed and develop an eligibility/access system. The agencies will identify any changes 16 necessary in the certificate of need rules which will better support this system by lowering cost and increasing access. The system shall 17 include a process to routinely assess the system of care focusing on quality, access, outcomes and efficiency. The agencies shall report 18 annually to the Governor, to the Senate Finance Committee and to the House Ways and Means Committee no later than January 15th on 19 this system. 20 21 SECTION 9 - J04 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF 22 23 9.1. (DHEC: County Health Departments Funding) Out of the appropriation provided in this section for "Public Health Districts", 24 the sum of $25,000 shall be distributed to the county health departments by the Commissioner, with the approval of the Board of 25 Department of Health and Environmental Control, for the following purposes: 26 1. To insure the provision of a reasonably adequate public health program in each county. 27 2. To provide funds to combat special health problems that may exist in certain counties. 28 3. To establish and maintain demonstration projects in improved public health methods in one or more counties in the promotion 29 of better public health service throughout the State. 30 4. To encourage and promote local participation in financial support of the county health departments. 31 5. To meet emergency situations which may arise in local areas. 32 6. To fit funds available to amounts budgeted when small differences occur. 33 The provisions of this proviso shall not supersede or suspend the provisions of Section 13-7-30 of the 1976 Code. 34 9.2. (DHEC: County Special Projects) Counties may continue to fund special projects in conjunction with the County Health 35 Departments. Salaries for county special project employees, including merit increases and fringe benefits, shall be totally funded by the
SECTION 9 - J04 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 427 1 county(s) involved. County special project employees shall not be under the state merit system or state compensation plan and they shall 2 receive their compensation directly from the county(s). 3 9.3. (DHEC: County Health Units) Federal funds made available to the Department of Health and Environmental Control for the 4 allocation to the counties of the State for operation of county health units be allotted on a basis approved by the Board of the Department 5 of Health and Environmental Control and the amount of State funds appropriated herein for "Public Health Districts", except for salary 6 increases, shall be allocated on a basis such that no county budget shall receive less than the amount received in the prior fiscal year. 7 9.4. (DHEC: Camp Burnt Gin) Private donations or contributions for capital improvements at Camp Burnt Gin shall be deposited 8 in a restricted account and carried forward until sufficient amounts are available for such improvements. Any expenditures from the 9 account must first be approved by the Budget and Control Board and the Joint Bond Review Committee. 10 9.5. (DHEC: Children's Rehabilitative Services) The Children's Rehabilitative Services shall be required to utilize any available 11 financial resources including insurance benefits and/or governmental assistance programs, to which the child may otherwise be entitled 12 in providing and/or arranging for medical care and related services to physically handicapped children eligible for such services, as a 13 prerequisite to the child receiving such services. 14 9.6. (DHEC: Cancer/Hemophilia) Notwithstanding any other provisions of this act, the funds appropriated herein for prevention, 15 detection and surveillance of cancer as well as providing for cancer treatment services $1,168,409 and the hemophilia assistance program, 16 $66,477 $741,477 shall not be transferred to other programs within the agency and when instructed by the Budget and Control Board or 17 the General Assembly to reduce funds within the department by a certain percentage, the Department may not act unilaterally to reduce 18 the funds for any cancer treatment program and hemophilia assistance program provided for herein greater than such stipulated percentage. 19 9.7. (DHEC: Speech & Hearing) The Department of Health and Environmental Control shall utilize so much of the funds appropriated 20 in this section as may be necessary to continue the Speech and Hearing programs. 21 9.8. (DHEC: Local Health Departments) As of July 1, 1981, the counties of the state will be relieved of contribution requirements 22 for salary, fringe benefits and travel reimbursement to local health departments. The amount of $5,430,697 is appropriated for county 23 health department salaries, fringe benefits and travel. These funds and other state funds appropriated for county health units may, based 24 upon need, be utilized in either salary or travel categories. Each county shall provide all other operating expenses of the local health 25 department in an amount at least equal to that appropriated for operations for each county in Fiscal Year 1981. In the event any county 26 makes uniform reductions in appropriations to all agencies or departments for maintenance and operations, exclusive of salaries and fringe 27 benefits, a like reduction shall be made in funds appropriated for the operating expenses of the local health department. 28 9.9. (DHEC: Insurance Refunds) The Department of Health and Environmental Control is authorized to budget and expend monies 29 resulting from insurance refunds for prior year operations for case services in the following programs: Health Promotion, Preventive Health 30 Services, and Maternal and Child Care. 31 9.10. (DHEC: Emergency Medical Services) Funds appropriated herein for Emergency Medical Services, shall be allocated to the 32 Counties for the purpose of improving or upgrading the system, and shall be allocated to the EMS-Regional Councils for administration 33 of training programs and technical assistance to the local EMS units and the funds shall be allocated by a ratio of 45 percent to the counties 34 and 55 percent to the EMS Regional Councils. The Department of Health and Environmental Control shall develop guidelines and 35 administer the system to make allocations within each region based on demonstrated need and local match. The $1 million increase
SECTION 9 - J04 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 428 1 provided herein shall not require local match and local match shall not be a factor in determining the allocation. The $1 million increase 2 shall be allocated by a ratio of 81 percent to counties, 12 percent to EMS Regional Councils and 7 percent to the state EMS office. Funds 3 appropriated $1,955,195 to Emergency Medical Services shall not be transferred to other programs within the Department's budget. In 4 addition, when instructed by the Budget and Control Board or the General Assembly to reduce funds by a certain percentage, the 5 Department may not reduce the funds appropriated for EMS Regional Councils or Aid to Counties greater than such stipulated percentage. 6 9.11. (DHEC: Rape Crisis Centers) Of the amounts appropriated in Primary Care-Case Services, $651,107 shall be used for rape crisis 7 centers around the state. Distribution of funds shall be based on DHEC Rape Crisis services standards and expenditures monitored by 8 DHEC. 9 9.12. (DHEC: Sickle Cell Blood Sample Analysis) $16,000 is appropriated in Maternal and Child Care for the Sickle Cell Program 10 for Blood Sample Analysis and shall be used by the Department to analyze blood samples submitted by the four existing regional programs 11 - Region I, Barksdale Sickle Cell Anemia Foundation in Spartanburg; Region II, Clark Sickle Cell Anemia Foundation in Columbia; 12 Region III, Committee on Better Racial Assurance Hemoglobinopathy Program in Charleston; and the Orangeburg Area Sickle Cell 13 Anemia Foundation. 14 9.13. (DHEC: Sickle Cell Programs) $475,000 is appropriated for Sickle Cell program services, 47% is to be designated for the 15 Community Based and Newborn Screening Programs (Sickle Cell) and shall be apportioned as follows: 16 (1) 48% is to be divided equally between the existing Community Based Sickle Cell Programs located in Spartanburg and Columbia; 17 and 18 (2) 52% is for the Community Based Sickle Cell Program in Charleston. 19 The funds shall be used for providing prevention programs, educational programs, testing, counseling and newborn screening. The 20 balance of the total appropriation must be used for Sickle Cell Services operated by Children's Rehabilitative Services of DHEC. The funds 21 appropriated to the community based sickle cell centers shall be reduced to reflect any percent reduction assigned to the Department of 22 Health and Environmental Control by the Budget and Control Board; provided, however, that the Department may not act unilaterally to 23 reduce the funds for the Sickle Cell program greater than such stipulated percentage. The Department shall not be required to undertake 24 any treatment, medical management or health care follow-up for any person with sickle cell disease identified through any neonatal testing 25 program, beyond the level of services supported by funds now or subsequently appropriated for such services. No funds appropriated for 26 ongoing or newly established sickle cell services may be diverted to other budget categories within the DHEC budget. 27 9.14. (DHEC: Genetic Services) The sum of $222,390 appearing under the Maternal and Child Care Section of this Act shall be 28 appropriated to and administered by the Department of Health and Environmental Control for the purpose of providing appropriate genetic 29 services to medically needy and underserved persons. Such funds shall be used by the Department to administer the program and to 30 contract with appropriate providers of genetic services. Such services will include genetic screening, laboratory testing, counseling, and 31 other services as may be deemed beneficial by the Department, and these funds shall be divided equally among the three Regional Genetic 32 Centers of South Carolina, composed of units from the Medical University of South Carolina, the University of South Carolina School 33 of Medicine, and the Greenwood Genetic Center. 34 9.15. (DHEC: Revenue Carry Forward Authorization) The Department of Health & Environmental Control is hereby authorized to 35 collect, expend and carry forward revenues in the following programs: Sale of Goods (confiscated goods, arm patches, etc.), sale of meals
SECTION 9 - J04 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 429 1 at Camp Burnt Gin, sale of publications, brochures, photo copies and certificate forms, including but not limited to, pet rabies vaccination 2 certificate books, sale of listings and labels, sale of State Code and Supplements, sale of films and slides, sale of maps, sale of items to 3 be recycled, including used motor oil and batteries, etc., and collection of registration fees for non-DHEC employees. 4 9.16. (DHEC: Pharmacist Permits) The Department of Health and Environmental Control shall be exempted from the requirements 5 of Section 40-43-370 of the 1976 Code of Laws, as amended, as it relates to the requirement that a pharmacist employed by the Department 6 may supervise no more than two adjacent districts. The Department of Health and Environmental Control shall not be exempt from any 7 other provisions of Section 40-43-370. 8 9.17. (DHEC: Safe Drinking Water Act) In order to comply with the provisions of the federal Safe Drinking Water Act, the 9 Department is authorized to collect a fee from each public water system. The fee must be based upon the number of taps through which 10 the system provides water to its customers The fees collected must be returned to the department for the purposes of implementing the 11 Safe Drinking Water Act Regulatory Program including engineering plan review, compliance inspections, and enforcement; and for 12 providing technical assistance and monitoring and laboratory analytical services for the public water systems of the State. The fee shall 13 be as follows: 14 15 COMMUNITY AND NON-TRANSIENT NON-COMMUNITY 16 WATER SYSTEMS 17 18 Fee = Program Administration Component + Distribution Monitoring Component + Source Monitoring Component 19 20 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 From 51 21 To 100) + $2.88 x (# Taps From 101 To 500) + $2.16 x (# Taps From 501 To 1,000) + $1.44 x (# Taps From 1,001 To 5,000) 22 + $1.08 x (# Taps From 5,001 To 10,000) + $0.68 x (# Taps From 10,001 To 15,000) + $0.36 x (# Taps From 15,001 To 25,000) 23 + $0.23 x (# Taps From 25,001 To 50,000) + $0.14 x (# Taps From 50,001 To 100,000) + $0.09 x (# Taps Greater Than 100,000) 24 25 + $158 (Systems Serving Up To 100 Taps); Or, $450 (Systems Serving 101 To 1,000 Taps); Or, $2,250 (Systems Serving 1,001 26 To 15,000 Taps); Or, $4500 (Systems Serving Greater Than 15,000 Taps) 27 28 + [($225 x (#GW Sources)) + ($450 x (#SW Sources))] [Up To 25 Taps]; Or, [($360 x (#GW Sources)) + ($720 x (#SW 29 Sources))] [From 26 To 100 Taps]; Or, [($900 x (#GW Sources)) + ($1800 x (#SW Sources))] [Greater Than 100 Taps]; Or, 30 [Maximum $5,000] 31 32 SYSTEM SIZE PROGRAM ADMINISTRATION 33 (NUMBER OF TAPS) (BASE AMOUNT + RATE PER TAP) 34 BASE RATE PER TAP 35 1 To 10 $0 $10.80 First 10 Taps
SECTION 9 - J04 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 430 1 11 To 25 $108 $7.20 Taps 11 To 25 2 26 To 50 $216 $5.76 Taps 26 To 50 3 51 To 100 $360 $4.32 Taps 51 To 100 4 101 To 500 $576 $2.88 Taps 101 To 500 5 501 To 1,000 $1,728 $2.16 Taps 501 To 1,000 6 1,001 To 5,000 $2,808 $1.44 Taps 1,001 To 5,000 7 5,001 To 10,000 $8,568 $1.08 Taps 5,001 To 10,000 8 10,001 To 15,000 $13,968 $0.68 Taps 10,001 To 15,000 9 15,001 To 25,000 $17,343 $0.36 Taps 15,001 To 25,000 10 25,001 To 50,000 $20,943 $0.23 Taps 25,001 To 50,000 11 50,001 To 100,000 $26,568 $0.14 Taps 50,001 To 100,000 12 100,000 And Above $33,318 $0.09 Over 100,000 13 14 SYSTEM SIZE DISTRIBUTING SOURCE MONITORING 15 (NUMBER OF TAPS) MONITORING (RATE PER SOURCE) 16 (FIXED RATE) GROUNDWATER SURFACE WATER 17 18 1 To 10 $ 158 $225 $ 450 19 11 To 25 $ 158 $225 $ 450 20 26 To 50 $ 158 $360 $ 720 21 51 To 100 $ 158 $360 $ 720 22 101 To 500 $ 450 $900 $1,800 23 501 To 1,000 $ 450 $900 $1,800 24 1,001 To 5,000 $2,250 $900 $1,800 25 5,001 To 10,000 $2,250 $900 $1,800 26 10,001 To 15,000 $2,250 $900 $1,800 27 15,001 To 25,000 $4,500 $900 $1,800 28 25,001 To 50,000 $4,500 $900 $1,800 29 50,001 To 100,000 $4,500 $900 $1,800 30 100,001 And Above $4,500 $900 $1,800 31 OTHER PUBLIC WATER SYSTEMS 32 Transient Non-Community Systems: Fee = $225 33 Systems Serving More Than 1 Tap But Less 34 Than 15 Taps and Serving Less Than 25 People: Fee = $135 35 Systems Serving 1 Tap and Serving Less Than 25 People: Fee = $ 90
SECTION 9 - J04 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 431 1 Vending Machines: Fee = $ 45 2 For the purposes of this fee schedule, tap is defined as a service connection, the point at which water is delivered to the consumer (building, 3 dwelling, commercial establishment, camping space, industry, etc.) from a distribution system, whether metered or not and regardless of 4 whether there is a user charge for consumption of the water. 5 The Department shall submit an annual report to the Senate Finance Committee, House Ways & Means Committee, South Carolina 6 Section American Water Works Association and the Municipal Association detailing activities funded from safe drinking water fees. The 7 report shall include the amount of fees collected from each waterworks and the listing of expenditures from those fees. The expenditures 8 shall be accompanied by a list of benefits the waterworks receive from the State as a result of the fees. In providing monitoring and 9 laboratory analytical services, DHEC will consider least cost alternatives including contracting with private laboratories when appropriate. 10 DHEC shall include all applicable direct and indirect costs in developing cost comparisons with private laboratories. 11 Penalties: 12 All fees remaining unpaid thirty (30) days after billing will be issued a late notice with no penalty due, however, it will contain 13 advisement of penalty for non-payment after sixty (60) days. Fees remaining unpaid after sixty days will be assessed a ten percent (10%) 14 penalty. Fees remaining unpaid at the end of ninety (90) days will be assessed a twenty-five percent (25%) penalty in addition to the sixty 15 day penalty. The sum of both penalties may not exceed five thousand dollars. Persons delinquent under this paragraph will be notified 16 by the Department by certified mail at their last known address. 17 All returned checks will be subject to a returned check fee as outlined in the DHEC Administrative Policy and Procedures Manual. 18 This penalty will be in addition to those outlined above. 19 No monitoring will be conducted on systems with fees unpaid at the end of ninety (90) days. 20 9.18. (DHEC: Medicaid Nursing Home Bed Days) Pursuant to Section 44-7-84(A) of the 1976 Code, the maximum number of 21 Medicaid patient days for which the Department of Health and Environmental Control is authorized to issue Medicaid nursing home 22 permits is 4,170,965 4,379,015. 23 9.19. (DHEC: Septic Tank & Retail Food Establishments Inspection Fees) The Department shall charge a septic tank inspection 24 fee of $60.00. This fee shall be paid prior to the evaluation of any site for which an application for a septic tank permit has been made. 25 The Department shall charge annual inspection fees for retail food establishments. Retail food establishments obtaining a permit for the 26 first time shall be charged an inspection fee of $60.00. These fees must be paid prior to the issuance of a permit. After the first year, 27 renewal inspection fees shall be based on gross sales of food and food products for the facility's previous business year as follows: 28 Gross Sales Annual Fee 29 $299,999 or less $ 60.00 30 $300,000 to 2,999,999 $ 70.00 31 $3,000,000 or more $ 80.00 32 33 The Department shall revise the annual inspection fee schedule for food service establishments to provide for additional breakdowns. 34 Annual renewal fees shall be due thirty (30) days from the billing date. A penalty charge of $30.00 for all facilities shall be assessed 35 for inspection fees that are past due. A second penalty shall be assessed for inspection fees sixty (60) days past due.
SECTION 9 - J04 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 432 1 Owners of retail food establishments shall furnish previous business year sales information on request of the Department. 2 The following retail food establishments shall be exempt from fee charges: 3 Retail food establishments that are operated by a public or private school (kindergarten through grade 12); or are operated by a child 4 care facility. 5 6 Retail food establishments operated by health care facilities that are regulated by the Department. 7 8 Retail food establishments that are operated by other state agencies or local governments that provide food for patients, clients or 9 inmates. 10 11 Retail food establishments that are operated by non-profit organizations for the purpose of providing meals or food to needy persons 12 at little or no cost; or for the purpose of raising money for a charitable purpose. 13 14 An entity claiming an exemption from fee charges may be required to submit annually to the Department written evidence that it meets 15 one or more of the above criteria. 16 9.20. (DHEC: Vital Records Fees) The Department of Health and Environmental Control shall revise fees for Vital Records. The 17 following fee schedule shall be implemented effective July 1, 1991 and the revenue generated shall be retained and expended by the agency 18 to offset the cost of operations of the Vital Records System. 19 20 Additional similar certifications of the same 21 record ordered at the same time . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3.00 22 23 Expedited service (additional to other required fees) . . . . . . . . . . .$ 5.00 24 25 Index Verification for Government Agencies . . . . . . . . . . . . . . . . $ 2.00 26 Fees collected at the county health departments for records searches, amendments of records, delayed birth registration and additional 27 copies of the same record requested at the same time shall be distributed as follows: 50% to the county health department and 50% to Vital 28 Records Central Office. 29 9.21. (DHEC: Health Licensing Fee) Funds resulting from an increase in the Health Licensing Fee Schedule shall be retained by 30 the Department to fund increased responsibilities of the health licensing programs. 31 9.22. (DHEC: Controlled Substances Registration Fees) Provided, that the fees assessed for registration under Title 44, Chapter 32 53, Article 3 of the amended Code (the Controlled Substances Act) and set forth under Paragraph 103 of R61-4 of the amended Code shall 33 be increased as follows: 34 (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 annum.
SECTION 9 - J04 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 433 1 (2) The fees set in R61-4, Paragraph 103(b) at $75.00 per annum are increased to $275.00 per annum. 2 (3) The fees set in R61-4, Paragraph 103(f) at $360.00 per annum are increased to $600.00 per annum. 3 (4) The fees set in R61-4, Paragraph 103(g) at $240.00 per annum are increased to $500.00 per annum. 4 (5) The Department of Health and Environmental Control shall modify R61-4, Paragraph 103 to conform to the fees set forth in this 5 proviso. 6 (6) This proviso shall become effective for the 1992-1993 registration period and shall continue in force until modified by revision 7 of R61-4, Paragraph 103. 8 9.23. (DHEC: Medical & Dental Loan Program) Notwithstanding other provisions of law, unobligated funds in the Medical & 9 Dental Loan program may be expended for other health service programs. 10 9.24. (DHEC: Infectious Waste Contingency Fund) The Department of Health and Environmental Control is authorized to use not 11 more than $75,000 from the Infectious Waste Contingency Fund per year for personnel and operating expenses to implement the Infectious 12 Waste Act. 13 9.25. (DHEC: Nursing Home Medicaid Bed Day Permit) Beginning July 1, 1993, when transfer of a Medicaid patient from a 14 nursing home is necessary due to violations of state or federal law or Medicaid certification requirements, the Medicaid patient day permit 15 shall be transferred with the patient to the receiving nursing home. The receiving facility shall apply to permanently retain the Medicaid 16 patient day permit within sixty days of receipt of the patient. 17 9.26. (DHEC: SC Mining Council) The amount appropriated in this section for "Mining and Reclamation", "Per Diem" and "Travel" 18 may be used for reimbursement of expenses and per diem for the South Carolina Mining Council. 19 9.27. (DHEC: Mineral Sets Revenue) The Department is authorized to charge a reasonable fee for mineral sets. Funds generated 20 from the sale of mineral sets may be retained by the Department in a revolving account with a maximum carry forward of $2,000 and must 21 be expended for mineral set supplies and related mining and reclamation educational products. 22 9.28. (DHEC: Spoil Easement Areas Revenue) The Department is authorized to collect, retain and expend funds received from the 23 sale of and/or third party use of spoil easement areas, for the purpose of meeting the State of South Carolina's responsibility for providing 24 adequate spoil easement areas for the Atlantic Intracoastal Waterway in South Carolina. Any unexpended balance on June 30, of the prior 25 fiscal year would be carried forward into the next fiscal year and expended for the same purposes. 26 9.29. (DHEC: Performance Bond Forfeiture Revenue Carry Forward) The Department is authorized to retain and expend revenue 27 derived from forfeiture of performance bonds to cover the cost of restoring damaged critical areas. Any unexpended balance on June 30, 28 of the prior fiscal year would be carried forward into the next fiscal year and expended for the same purposes. 29 9.30. (DHEC: Special Permits) Notwithstanding any other provisions of law or Rule and Regulation where the State of South 30 Carolina is exposed to compensation requirements of the Constitutions, the Department is hereby authorized to issue special permits 31 pursuant to Section 48-39-290(D) for habitable structures not to be larger than 5,000 square feet of heated space. 32 9.31. (DHEC: Permit Application) Permit Application fees collected pursuant to Section 48-39-145 of the 1976 Code must be 33 retained by the department and used to establish the Coastal Resources Access Fund to be administered by the Office of Ocean and Coastal 34 Resource Management. The office shall make matching grants from the fund on a 50/50 basis to local governments in the South Carolina 35 Coastal Zone for projects which enhance the public's use and enjoyment of coastal resources.
SECTION 9 - J04 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 434 1 9.32. (DHEC: Per Visit Rate Bureau of Home Health and Long Term Care) The SCDHEC is authorized to compensate non- 2 permanent, part-time employees on a fixed rate per visit basis. Compensation on a fixed rate per visit may be paid only to Bureau of Home 3 Health and Long Term Care employees for whom the Department receives per visit reimbursement from other sources. These individuals 4 will provide direct patient care in a home environment. The per visit rate may vary based on the discipline providing the care and the 5 geographical location of services rendered. Management may pay exempt or non-exempt employees as defined by the Fair Labor 6 Standards Act only when they are needed to work. Individuals employed in this category may exceed twelve months, but are not eligible 7 for State benefits except for the option of contributing to the State Retirement System. 8 9.33. (DHEC: Grand Strand Beach Renourishment Match) Any funds appropriated by the state for the Grand Strand Beach 9 Renourishment Project cannot be expended until the U.S. Army Corps of Engineers certifies to the Department of Health & Environmental 10 Control that the federal funds and the required funds from local governments for construction of the Grand Strand Beach Renourishment 11 Project are available for expenditure. 12 9.34. (DHEC: Cardiac Care Services) Notwithstanding any other provision of law, any facility which: (1) obtained a certificate of 13 need for diagnostic cardiac catheterization before July 10, 1992; (2) filed to obtain a certificate of need for open-heart surgical services 14 before January 1, 1993; and (3) has a written open-heart surgery back-up agreement with a facility that provides an open-heart surgery 15 service located within a thirty-minute one-way drive may provide therapeutic cardiac catheterizations. The facility's authority to continue 16 to provide therapeutic cardiac catheterizations terminates sixty days after the effective date of any changes to the criteria contained in the 17 State Health Plan for issuing a certificate of need for open heart surgery. A facility may continue to provide therapeutic cardiac 18 catheterizations after the sixty-day period only if the facility has applied for a certificate of need for open heart surgery under the new 19 criteria within sixty days of the new criteria's effective date. The facility's authority to continue to provide therapeutic cardiac 20 catheterizations during the period while its certificate of need application under the new criteria is pending terminates upon the issuance 21 of a final non-appealable decision on the application for a certificate of need under the new criteria. 22 9.35. (DHEC: Allocation Patient Days) The Department will allocate additional Medicaid patient days authorized above the 23 previous fiscal year's level as provided in Proviso 9.18 based on a percentage of the additional requested Medicaid patient days and a 24 percentage of the need indicated by the Community Long Term Care waiting list. Notwithstanding any other provision of law, of the 25 additional patient days authorized above the previous year's level as provided in Proviso 9.18, the Department may approve additional 26 nursing home patient days/beds not to exceed 11,680 patient days/32 beds for those facilities in those rural counties that have (1) only one 27 nursing home; (2) have no more than eighty-eight nursing home beds; (3) have more than 22 percent of the population age sixty-five and 28 over with an income below the poverty level; and, (4) are below the mean of the South Carolina median family income. A Certificate of 29 Need application for these rural counties must be received by the Department no later than August 1, 1996, and the Department will reserve 30 Medicaid patient days for up to ninety percent of the number of additional beds. in priority order (1) additional Medicaid nursing home 31 patient days to those nursing homes currently holding a Medicaid nursing home permit; (2) Medicaid nursing home patient days to those 32 nursing homes that are currently licensed, but do not participate in the Medicaid program; and (3) Medicaid nursing home patient days 33 to those nursing homes that have been approved under the Certificate of Need program and are under construction with a valid 34 construction contract. 35 9.36. (DHEC: Underground Storage Tank Data) The Department of Health and Environmental Control should initiate actions in
SECTION 9 - J04 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 435 1 FY 1997-98, to ensure the availability of accurate and complete tank population and financial data, that are necessary to complete a report 2 by March 1999, to the State Reorganization Commission, the Senate Finance and House Ways & Means Committees, for the purpose of 3 determining whether continued funding from the State Underground Petroleum Environmental Response Bank (SUPERB) thru December 4 31, 2026, for eligible owners of underground storage tank owners, is in the best interest of the State. The Department should begin to 5 collect accurate and complete information addressing the financial status of the SUPERB Account and the State Financial Responsibility 6 Fund (SFRF) Account, including detailed information regarding the status of reported releases in terms of completed and on-going work. 7 Information should be such that the Department is able to determine whether the SUPERB and SFRF Funds are actuarially sound and that 8 revenues are sufficient to address needed site rehabilitation and third party claims, such that the Department is able to continue funding 9 the most serious and highest ranked projects as determined using the Risk Based Corrective Action ranking system. The Department's 10 actions should also result in compiling accurate and complete information regarding the State's tank population, in terms of the extent to 11 which the tank population meets Environmental Protection Agency standards which become effective December 1998; the number of 12 registered tanks in the state; the number of registered tanks per location, per owner; and the availability and affordability of private 13 insurance for owners of underground storage tank owners. 14 9.37. (DHEC: Prohibition on Babynet Fees) Notwithstanding any other provision of law, the The Department of Health and 15 Environmental Control shall not charge families for Babynet services. delay implementation of a sliding fee scale for Babynet recipients 16 until after June 30, 1998. During the current fiscal year, the Department shall study the impact of implementing a sliding fee scale. The 17 study shall include, but not be limited to, cost benefits versus cost of administering such a fee scale, impact on participating Babynet 18 agencies, and impact to potential Babynet clients. The agency shall seek input from all affected parties. The agency shall submit a report 19 of its findings, along with recommendations, to the General Assembly no later than January 30, 1998. 20 9.38. (DHEC: Certificate of Public Advantage) Notwithstanding Regulation 61-31, Health Care Cooperative Agreements and other 21 provisions of law, should the Department of Health and Environmental Control issue a Certificate of Public Advantage, the applicant will 22 pay to the Department, an annual monitoring fee to cover the actual cost of audits and monitoring. This fee shall be used by the 23 Department in whatever manner solely for the purpose of monitoring Certificates of Public Advantage as set forth in Section 44-7-570(A). 24 9.39. (DHEC: Beach Restoration Projects) Appropriations for Beach Restoration Projects which are certified by the Department 25 as excess to the final State share of project costs shall be allocated by the Department to other beach restoration projects on a priority basis 26 in accordance with R.30-20. 27 9.40. (DHEC: Lead Screening Program) Of the funds appropriated to the Department of Health and Environmental Control, the 28 director is authorized to allocate $100,000 to the continuation of the lead paint screening program. 29 9.41. (DHEC: Immunization System) The Department of Health & Environmental Control, in conjunction with the Department of 30 Health & Human Services, shall use the funds appropriated for the immunization program to enhance the vaccination delivery system, 31 emphasizing public/private partnerships in the funding and delivery systems, increase community participation, education and 32 partnerships. The strategic objective of this system shall be to eliminate vaccine-preventable diseases in South Carolina. These agencies 33 will monitor the quality and effectiveness of this system through the development of an accessible statewide immunization information 34 system and shall report annually by January 15th to the Governor, the Senate Finance Committee, and the House Ways and Means 35 Committee. However, if adequate federal funds are made available, any excess funds must be remitted to the General Fund.
SECTION 9 - J04 - HEALTH AND ENVIRONMENTAL CONTROL, DEPARTMENT OF PAGE 436 1 9.42. (DHEC: Teenage Pregnancy) The Department is directed to review the status of teenage pregnancy in South Carolina, the 2 resulting health and social problems which impact families and the various programs currently in place within the state which are intended 3 to prevent teen pregnancy. After a thorough review of the existing or proposed programs, the Department will report on the outcome of 4 the research to the Governor and Chairmen of the Senate Finance and House Ways & Means Committees not later than July 1, 1999. 5 9.43. (DHEC: Osteoporosis Education) From the funds appropriated herein, the Department is directed to provide up to $100,000 6 for implementation of programs consistent with the provisions of the Osteoporosis Prevention, Treatment and Education Act of 1997 (Act 7 No. A79). 8 9.44. (DHEC: Colonial Pipeline Settlement) Notwithstanding any other provision of law, funds recovered for losses or damages 9 to natural resources by the State as settlement for the Colonial Pipeline spill into the Reedy River shall be deposited to the Mitigation Trust 10 Fund and used for the acquisition, restoration, enhancement, or management of property for mitigation for adverse impacts to natural 11 resources in the area(s) of the Reedy River where the losses or damages occurred. When the restoration is complete, any excess funds 12 will be remitted to the Mitigation Trust Fund. If funds from the settlement are not adequate, then additional funds from the Mitigation 13 Trust Fund may be used to complete such restoration. 14 9.45. (DHEC: Nursing Home Compliance Notification) Based on reports from the Department of Health and Human Services 15 pertaining to Medicaid nursing home patient day utilization, the Department will notify quarterly the nursing homes that are out of 16 compliance with their Medicaid Nursing Home Permit. The notification will be sent to nursing homes for information only and does not 17 relieve the nursing home of its compliance responsibility. 18 19 SECTION 10 - J12 - MENTAL HEALTH, DEPARTMENT OF 20 21 10.1. (DMH: Medicare Revenue) All Federal Funds received by the Department of Mental Health from patients' Medicare benefits 22 shall be considered as patient fees under the provision of Act No. 1276 of the 1970 Acts (provision for the issuance of bonds to be repaid 23 from patient fees) except that the Department shall remit to the General Fund of the State $290,963 from such funds to support the 24 appropriation for administrative costs of the collection of Medicare benefits. The Department shall retain and expend up to $3 million 25 of all Medicare Revenue earned prior to July 1, of the prior fiscal year, but received in the current fiscal year from cost recovery efforts, 26 all additional prior earnings shall be remitted to the General Fund, except that the cost and fees of identifying and collecting such additional 27 Medicare Revenue to which the Department is entitled may be paid from funds actually collected from such efforts. 28 10.2. (DMH: Paying Patient Account) Notwithstanding any other provision of law and in addition to other payments provided in 29 Part I of this Act, the Department of Mental Health is hereby directed during the current fiscal year to remit to the General Fund of the 30 State the amount of $3,800,000 to be paid from the surplus funds in the paying patient account which has been previously designated for 31 capital improvements and debt service under the provisions of Act 1276 of 1970. It is the intent of the General Assembly to assist the 32 Department to reduce and eventually eliminate this obligation to the General Fund. 33 10.3. (DMH: Patient Fee Account) Notwithstanding any other provisions of law and in addition to other payments provided in Part 34 I of this Act, the Department of Mental Health is hereby authorized during the current fiscal year, to provide the funds budgeted herein 35 for $6,214,911 for Departmental operations, $400,000 for the Continuum of Care, $10,000 for the Alliance for the Mentally Ill, $250,000
SECTION 10 - J12 - MENTAL HEALTH, DEPARTMENT OF PAGE 437 1 for S.C. SHARE Self Help Association Regarding Emotions, $50,000 for Palmetto Pathways, $50,000 for New Day Clubhouse and up 2 to $685,000 for day-to-day operations at the Campbell Nursing Home , from the Patient Fee Account which has been previously designated 3 for capital improvements and debt service under provisions of Act 1276 of 1970. The Department of Mental Health is authorized to fund 4 the cost of Medicare Part B premiums from its Patient Fee Account up to $150,000. The South Carolina Alliance for the Mentally Ill shall 5 provide an itemized budget before the receipt of funds and quarterly financial statements to the Department of Mental Health. The South 6 Carolina Self-Help Association Regarding Emotions shall provide an itemized budget before the receipt of funds and quarterly financial 7 statements to the Department of Mental Health. DMH is authorized to use unobligated Patient Paying Fee Account funds for community 8 transition programs. The funds made available shall be utilized consistently with the Transition Leadership Council's definition of severely 9 mentally ill children and adults. The Department shall report their use of these funds to the Senate Finance Committee and the House Ways 10 and Means Committee. This amendment is made notwithstanding other obligations currently set forth in this proviso. 11 10.4. (DMH: Paying Patient Fee Hall Institute) Notwithstanding any other provisions of law and in addition to other payments 12 provided in this section, the Department of Mental Health is authorized to utilize up to $1,530,520 of the funds collected from paying 13 patients hospitalized in the acute care units of the William S. Hall Psychiatric Institute to defray the cost of training mental health personnel 14 and psychiatric research at that facility pursuant to Section 44-11-10(2), Code of Laws of South Carolina, 1976; these being a part of the 15 funds previously designated for capital improvements and debt service under the provisions of Act 1276 of 1970. 16 10.5. (DMH: Institution Generated Funds) The Department of Mental Health is authorized to retain and expend institution generated 17 funds which are budgeted. 18 10.6. (DMH: Harris Psychiatric Hospital Carry Forward) The Budget and Control Board shall authorize the Department of Mental 19 Health to carry forward any remaining funds allocated for Harris Psychiatric Hospital in the prior fiscal year to assure full-funding of Harris 20 Psychiatric Hospital in the current fiscal year. The Department is authorized to utilize these funds to provide for community screening 21 and service for potential admission to Harris Psychiatric Hospital. 22 10.7. (DMH: VA Nursing Home Carry Forward) The Department is authorized to carry forward into the current year, funds 23 allocated in the prior fiscal year for the operation of the Campbell Nursing Home. Funds carried forward shall be expended for the same 24 purpose during the current fiscal year. 25 10.8. (DMH: Transfer of Patients to DDSN) DMH is authorized to transfer to the Department of Disabilities & Special Needs, state 26 appropriations to cover the state match related to expenditures initiated as a result of the transfer of appropriate patients from DMH to the 27 Department of Disabilities & Special Needs. Notwithstanding any other provisions of law and in addition to other payments as authorized 28 in this Act, DMH is also authorized to utilize up to $500,000 from the Patient Fee Account to help defray costs of these transferees. 29 10.9. (DMH: Harris Hospital Funds Transfer Notification) Prior to any transfer of funds from the current budget for Harris Hospital, 30 the Department shall notify the Chairmen of the Senate Finance Committee and the House Ways and Means Committee. 31 10.10. (DMH: Sale of Property Revenue) After receiving approval from the Budget and Control Board for the sale of property, the 32 The Department may retain revenues associated with the sale of property titled to or utilized by the Department and may expend these 33 funds on capital improvements approved by the Joint Bond Review Committee and the Budget and Control Board. 34 10.11. (DMH: Department Owned Housing Rental) The Department of Mental Health may charge other than fair market value for 35 rental of department-owned housing when such rentals assist in the recruitment and training of mental health professionals.
SECTION 10 - J12 - MENTAL HEALTH, DEPARTMENT OF PAGE 438 1 10.12. (DMH: Study of Hall Institute) The Department shall review its staffing practices at Hall Institute and provide a report to 2 the State Reorganization Commission, House Ways and Means Committee and the Senate Finance Committee by December 1, 1998. 3 10. 13. (DMH: Practice Plan) Employees of the Department affiliated with the University of South Carolina School of Medicine, who 4 hold faculty appointments in the School, may participate in the School's Practice Plan provided that participation not take place during 5 regular working hours. Funds generated by such participants shall be handled in accordance with University policies governing Practice 6 Plan funds 7 10.14. (DMH: Utilization of the Byrnes Clinical Center) A mission appropriate and cost effective action plan for the continued 8 utilization of the Byrnes Clinical Center must be submitted by the Mental Health Commission to the State Reorganization Commission, 9 House Ways and Means Committee and Senate Finance Committee by July 1, 1998. 10 10.15. (DMH: Mentally Ill Alternative Care Feasibility Study) The Department is directed to study the feasibility of reducing the 11 state cost for caring for the mentally ill currently in institutional settings by arranging for care in alternative settings through a 12 private/public or public/public partnership. The study shall include input from advocacy organizations, consumer groups, industry 13 representatives and affected state agencies. The Department shall report to the Office of the Governor, the Senate Finance Committee 14 and the House Ways and Means Committee on the results of this study no later than February 15, 1999. 15 16 SECTION 11 - J16 - DISABILITIES AND SPECIAL NEEDS, DEPARTMENT OF 17 18 11.1. (DDSN: Work Activity Programs) All revenues derived from production contracts earned by mentally retarded trainees in 19 Work Activity Programs be retained by the South Carolina Department of Disabilities & Special Needs and carried forward as necessary 20 into the following fiscal year to be used for other operating expenses and/or permanent improvements of these Work Activity Programs. 21 11.2. (DDSN: Sale of Excess Real Property) The Department is authorized to retain revenues associated with the sale of excess 22 Department-owned real property and may expend these funds to purchase land and construct community residences to serve the mentally 23 retarded. In the construction of new facilities, the Department shall follow all the policies and procedures of the Budget and Control Board 24 and the Joint Bond Review Committee. 25 11.3. (DDSN: Prenatal Diagnosis) Revenues not to exceed $126,000 from client fees, credited to the debt service fund and not 26 required to meet the Department's debt service requirement, may be expended only in the current fiscal year to promote expanded prenatal 27 diagnosis of mental retardation and related defects by the Greenwood Genetic Center. 28 11.4. (DDSN: Medicaid Funded Contract Settlements) The Department is authorized to carry forward and retain settlements under 29 Medicaid-funded contracts. 30 11.5. (DDSN: Medicare Reimbursements) The Department may continue to budget Medicare reimbursements to cover operating 31 expenses of the program providing such services. 32 11.6. (DDSN: Departmental Generated Revenue) The Department is authorized to continue to expend Departmental generated 33 revenues that are authorized in the budget. 34 11.7. (DDSN: Patient Day Fee) The Department may exclude Medicaid revenues from the Intermediate Care Facilities for the 35 Mentally Retarded's patient day fee from indirect cost recovery payments.
SECTION 13 - L04 - SOCIAL SERVICES, DEPARTMENT OF PAGE 439 1 11.8. (DDSN: Retargeting Resources/FTE Reduction) The Department may implement, in consultation with the Office of Human 2 Resources of the Budget and Control Board, a pilot program to retarget resources to include provisions for a separation incentive payment 3 for Department employees which may include the employer portion of health and dental benefits not to exceed one year. Any pilot 4 program developed under this provision will involve voluntary participation from employees and will be funded within existing 5 appropriations. The specific provisions of the pilot program will be approved by the DDSN Commission and the Director of the Division 6 of Budget and Analyses. The Department will report the results to the Budget and Control Board by March 15, 1998 1999. 7 8 SECTION 12 - J20 - ALCOHOL AND OTHER DRUG ABUSE SERVICES, DEPARTMENT OF 9 10 12.1. (DAODAS: School Intervention Activity) $1,149,204 of the amount appropriated as "Total Distribution to Subdivisions" in 11 Program III, Division of Programs and Services is intended to be used for the School Intervention activity and none of this sum shall be 12 used by the Department for the employment of personnel, except that funds may be used to employ one supervisory coordinator for this 13 program. 14 12.2. (DAODAS: Training & Conference Revenue) The Department may charge fees for training events and conferences. The 15 revenues from such events shall be deposited in the General Fund at the end of the state fiscal year once vendor expenses pertaining to 16 such events have been met by the Department. 17 12.3. (DAODAS: Other Funded New Positions) The Department of Alcohol & Other Drug Abuse Services may fill the other funded 18 personnel authorized in this section only if such funds are available at the time the new positions are to be filled. 19 12.4. (DAODAS: Chemical Dependency Programs-The Bridge) The Department shall use one-time funding to reduce the recidivism 20 rate of juvenile offenders through a transitional treatment program for addictions. The Department will review the ability of parents of 21 juvenile offenders to off-set the costs of this program through a sliding scale fee-for-service and report on this in the evaluation of this 22 program. In addition, the Department will develop a second plan for a coordinated, non-duplicative service delivery network through 23 comprehensive utilization of community-wide services and coordination of chemical dependency funding streams. 24 25 SECTION 13 - L04 - SOCIAL SERVICES, DEPARTMENT OF 26 27 13.1. (DSS: Fee Retention) The Department of Social Services shall recoup all refunds and identified program overpayments and 28 all such overpayments shall be recouped in accordance with established collection policy. Funds of $800,000 collected under the Child 29 Support Enforcement Program (Title IV D) which are State Funds shall be remitted to the State Treasurer and credited to the General Fund 30 of the State. All state funds above $800,000 shall be retained by the Department to fund Self-Sufficiency and Family Preservation and 31 Support initiatives. 32 13.2. (DSS: Recovered State Funds) The Department shall withhold a portion of the State Funds recovered, under the IV-D 33 Program, for credit to the General Fund in order to allow full participation in the Federal "set off" program offered through the Internal 34 Revenue Service, the withholding of unemployment insurance benefits through the South Carolina Employment Security Commission 35 and reimbursement for expenditures related to blood testing. Such funds may not be expended for any other purpose. The Department
SECTION 13 - L04 - SOCIAL SERVICES, DEPARTMENT OF PAGE 440 1 of Social Services be allowed to utilize the State share of Federally required application fees, collected from Non-AFDC Non-TANF clients, 2 in the administration of the Child Support Enforcement Program. Such funds may not be expended for any other purpose. However, this 3 shall not include Child Support Enforcement Program incentives paid to the program from Federal Funds to encourage and reward cost 4 effective performance. Such incentives are to be reinvested in the program to increase collections of support at the State and County levels 5 in a manner consistent with federal laws and regulations governing such incentive payments. The Department shall not use Clerk of Court 6 incentive funds to replace agency operating funds. Such funds shall be remitted to the appropriate state governmental entity to further child 7 support collection efforts. 8 13.3. (DSS: Foster Children Burial) The expenditure of funds allocated for burials of foster children shall not exceed one thousand 9 five hundred dollars per burial. 10 13.4. (DSS: Assistance Payments Client List) The names of persons benefitting from assistance payments under the several 11 programs of the Department of Social Services shall be available to other state agencies, if not in conflict with federal regulations. 12 13.5. (DSS: Child Day Care Facilities) Notwithstanding the provisions of Act 184 of 1977 as amended relating to child day care 13 facilities, the Department is granted the authority to grant provisional licenses, provisional approvals and provisional registrations to new 14 facilities covered under Articles II, III, and V of Act 184 of 1977 as amended for a period no longer than a year and to grant or extend 15 provisional licenses, provisional approvals and provisional registrations to existing facilities covered under Articles II, III, and V of Act 16 184 of 1977 as amended but in no case beyond July 1, of the next fiscal year. 17 13.6. (DSS: Employee Supplement) No county shall supplement the salary of any DSS employee. 18 13.7. (DSS: Battered Spouse Funds) Appropriations included in Subprogram II E entitled Battered Spouse shall be allocated through 19 contractual agreement to providers of this service. These appropriations may also be used for public awareness and contracted services 20 for victims of this social problem including the abused and children accompanying the abused. Such funds may not be expended for any 21 other purpose nor be reduced by any amount greater than that stipulated by the Budget and Control Board or the General Assembly for 22 the agency as a whole. 23 13.8. (DSS: Court Examiner Service Exemption) In order to prevent the loss of Federal Funds to the State, employees of the 24 Department of Social Services whose salaries are paid in full or in part from Federal Funds will be exempt from serving as court examiners. 25 13.9. (DSS: Accounts Receivable Procedures) The Department of Social Services will establish, and collect accounts receivable 26 in accordance with appropriate and applicable Federal regulations. 27 13.10. (DSS: Attorney or Guardian Ad Litem Fees) Effective July 1, of the current fiscal year, any monies appropriated for the 28 payment of attorneys' fees or Guardian ad Litem fees in either abuse and neglect, termination of parental rights, or judicial review cases 29 arising under Section 20-7-480, et. seq. of the SC Code of Laws, (1976, as amended), and adult protective services cases under Section 30 43-29-5, et. seq. of the SC Code of Laws, (1976, as amended), shall only be paid in accordance with DSS policy which shall include limits 31 on awards and procedures for payment, in due consideration of the Agency's budgetary limitations and specific funds allocated for such 32 purposes. No other fees or costs associated with the above referenced cases shall be paid unless expressly authorized by statute, court rules 33 or DSS policy and provided that sufficient funds have been allocated for such purposes. 34 13.11. (DSS: TANF Advance Funds) The Department of Social Services is authorized to advance sufficient funds during each fiscal 35 year from the Aid to Families with Dependent Children Temporary Assistance for Needy Families Assistance Payments general fund
SECTION 13 - L04 - SOCIAL SERVICES, DEPARTMENT OF PAGE 441 1 appropriations to the Aid to Families with Dependent Children Temporary Assistance for Needy Families Assistance Payments federal 2 account only for the purpose of allowing a sufficient cash flow in the federal account. The advance must be refunded no later than April 3 of the same fiscal year. Upon the advance of funds as provided herein, the Comptroller General is authorized to process the July voucher 4 for the funding of benefit checks. 5 13.12. (DSS: Fee Schedule) The Department of Social Services shall be allowed to charge fees and accept donations, grants, and 6 bequests for social services provided under their direct responsibility on the basis of a fee schedule approved by the Budget and Control 7 Board. The fees collected shall be utilized by the Department of Social Services to further develop and administer these program efforts. 8 13.13. (DSS: Mentally Disabled Supplement) From the appropriation made herein for General Assistance, the Department may elect 9 to supplement the income of individuals who reside in foster homes or supported independent living arrangements certified by the 10 Department of Mental Health and who qualify as mentally disabled under the definitions of Public Law 92-603, U.S. Code, or who would 11 qualify except for income limitations with the supplement being at the same rate as for other individuals who qualify for General 12 Assistance. The Department shall contract with the Department of Mental Health to ensure that the payments of General Assistance to 13 persons who would not otherwise qualify except for this proviso shall be transferred to the Department from the appropriations made to 14 the Department of Mental Health. 15 13.14. (DSS: Electronic Benefits Transfer System) The funds appropriated herein for the Electronic Benefits Transfer System Project 16 (EBT) shall be used for the development, start-up, and evaluation of the system. The Department of Social Services is directed to proceed 17 with planning for the expansion of the use of the EBT system for other government benefits delivery, beginning with the Aid to Families 18 with Dependent children program. The agency shall submit a status report on the implementation of the system to the members of the 19 Senate Finance and House Ways and Means Committees by July 1, of the current fiscal year. 20 13.15. (DSS: Food Stamp Fraud) The state portion of funds recouped from the collection of recipient claims in the AFDC and Food 21 Stamp programs shall be retained by the Department. A portion of these funds shall be distributed to local county offices for emergency 22 and program operations. The remaining funds will be used by the Department to fund our Food Stamp Reinvestment Plan and other 23 program operations. 24 13.16. (DSS: TANF - Immunizations Certificates) The Department shall require all AFDC TANF applicants and/or recipients to 25 provide proof of age appropriate immunizations for children. If such immunizations have not been administered, the Department shall 26 assist in referring applicants to appropriate county health departments to obtain the immunizations. 27 13.17. (DSS: Fees for Court Witness in Child Welfare Services) Effective July 1, 1994, any monies appropriated for the payment 28 of court testimony in either abuse and neglect, termination of parental rights, or judicial review cases arising under Section 20-7-480, et. 29 seq. of the SC Code of Laws, 1976, as amended, and adult protective service cases under Section 43-35-10(9), et. seq. of the SC Code of 30 Laws, 1976, as amended, shall only be paid in accordance with DSS policy which shall include limits on awards and procedures for 31 payment, in due consideration of the Agency budgetary limitations and specific funds allocated for such purposes. Provided further that 32 DSS shall pay up to a maximum hourly rate to Licensed Psychologists, Social Workers, Nurses, Ministerial Counseling, Family and 33 Marriage Counselors of $60 for counseling and $60 for expert witness fees, to include travel time and DSS shall pay up to a maximum 34 hourly rate to Physicians of $125 for expert witness fees, to include travel time. 35 13.18. (DSS: Foster Care Fingerprint Reviews) Notwithstanding the provisions of Section 20-7-1640, of the SC Code of Laws, 1976,
SECTION 13 - L04 - SOCIAL SERVICES, DEPARTMENT OF PAGE 442 1 as amended, the Department is authorized to pay from funds appropriated in this section the costs of Federal Bureau of Investigation 2 fingerprint reviews for foster care families recruited, selected and licensed by the Department. 3 13.19. (DSS: County Directors' Pay) With respect to the amounts allocated to the Department of Social Services for Employee Pay 4 Increase in 63C.12 of this Act, the Department of Social Services is authorized to allot funds for pay increases to individual County 5 Directors and Regional Directors in classified positions without uniformity. Pay increases for DSS County Directors and Regional 6 Directors shall be administered in accordance with the guidelines established by the Budget and Control Board for Executive Compensation 7 System and other non-academic unclassified employees. Any employees subject to the provisions of this paragraph shall not be eligible 8 for any other compensation increases provided in 63C.12 of this Act. 9 13.20. (DSS: Use of Funds Authorization) Department Investigative Units shall be authorized to receive and expend funds awarded 10 to these Units as a result of a donation, contribution, prize, grant, and/or court order. These funds shall be retained by the Department on 11 behalf of the Investigative Units and deposited in a separate, special account and shall be carried forward from year to year and withdrawn 12 and expended as needed to fulfill the purposes and conditions of the donation, contribution, prize, grant, and/or court order, if specified, 13 and if not specified, as may be directed by the Director of the Department of Social Services. These accounts shall not be used to supplant 14 operating funds in the current or future budgets. The agency shall report to the Senate Finance Committee and Ways and Means 15 Committee by January 30 of the current fiscal year on the amount of funds received and how expended. 16 13.21. (DSS: Prevent Welfare Reform Duplication of Services) The intent of the General Assembly is that the Department of Social 17 Services not duplicate services available at the Employment Security Commission and other state agencies. All state agencies are directed 18 to cooperate with DSS as it implements the Family Independence Act of 1995. Monies appropriated for the purpose of implementing the 19 Family Independence Act of 1995, and used to hire persons or procure services for employment training purposes, shall be reported to 20 the Governor to ensure duplication of services does not occur. 21 13.22 (DSS: Adolescent Pregnancy Prevention) The Department must allocate $10,500,000 of the 1997-98 surplus federal TANF 22 program funds to the County Grants Fund for Adolescent Pregnancy Prevention Initiatives, to be equally distributed pursuant to Section 23 44-122-30(A) over a three-year period. In any year in which the total number of active welfare cases in June of the year exceeds by ten 24 percent or more the average number of active welfare cases in June of the previous year, no TANF funds will be distributed to the County 25 Grants Fund. Distribution of funds shall begin in FY 1998-99 in accord with Title 44, Chapter 122 of the 1976 Code of Laws of South 26 Carolina as amended by Part II, Section 47 of this act. 27 13.23 (DSS: C. R. Neal Learning Center) The Department shall allocate $200,000 to the C. R. Neal Learning Center located in 28 Richland County. 29 30 SECTION 14 - L24 - BLIND, COMMISSION FOR THE 31 32 14.1. (BLIND: Matching Federal Funds) For the current fiscal year the amount appropriated in this section under Program II for 33 Rehabilitative Services is conditioned upon matching by federal funds to the maximum amount available under the Federal Vocational 34 Rehabilitation Program. 35 14.2. (BLIND: Horticulture Revenue) Revenues derived from the production of horticulture products, braille and packaging/assembly
SECTION 14 - L24 - BLIND, COMMISSION FOR THE PAGE 443 1 of manufacturing goods by clients of the Adult Adjustment and Training Center may be retained by the Commission and used in the facility 2 for client payments and other production costs. 3 4 SECTION 15 - H79 - ARCHIVES AND HISTORY, DEPARTMENT OF 5 6 15.1. (AH: Publication Distribution) The Commission is authorized to supply one free copy of each new publication to the libraries 7 of all institutions of higher learning in the State, and to each member of the Commission and its Directors; to the State Library; to each 8 Public Library which is approved for a cash allotment by the South Carolina State Library. 9 15.2. (AH: Use of Proceeds) The proceeds of facilities rentals, gift shop operations, training sessions, sales of publications, 10 reproductions of documents, repair of documents, research fees, handling charges, and the proceeds of sales of National Register of Historic 11 Places certificates and plaques by the Archives Department shall be deposited in a special account in the State Treasury, and may be used 12 by this department to cover the cost of facility operations and maintenance, gift shop inventory, additional training sessions, publication, 13 reproduction expenses, repair expenses, and National Register of Historic Places certificates and plaques, and selected Historic Preservation 14 Grants. 15 15.3. (AH: Nat'l. Historic Preservation Program) The funds earned from the United States Department of Interior by the South 16 Carolina Department of Archives and History for administering the National Historic Preservation Program in this State, with the exception 17 of the appropriate amount of indirect cost reimbursement to the General Fund, must be deposited in a special account in the State Treasury, 18 to be used by this department for a Historic Preservation Grants program that will assist historic properties throughout South Carolina. 19 From this fund, the Department may contribute a sum, not to exceed $175,000 annually, to the South Carolina Archives and History 20 Foundation to assist in activities designed to support and enhance capital fund raising efforts. The Foundation will provide accounting 21 for these funds at the end of each fiscal year. Any funds donated to the Department by the Foundation will be deposited in the Historic 22 Preservation Grants Program account for use in funding other state historic preservation projects. 23 15.4. (AH: Disposal of Materials) Upon prior approval of the Commission, the agency may remove certain record and non-record 24 materials from its collections by gift to another public or nonprofit institution or by sale at public auction. This is a supplemental form 25 of disposition beyond that recognized in the Public Records Act for the retention, copying, and destruction of public records; and it pertains 26 only to those accessioned Archives materials having a market value and which duplicate existing archival material, fall outside the scope 27 of the Archives collection policy, or have no further possible research value. All funds realized through sale by public auction shall be 28 placed in a special account to be used for improved access to and preservation of the state archives collections. The Commission shall 29 report annually to the Budget and Control Board regarding such dispositions. 30 15.5. (AH: Technical Assistance and Review Fees) The Department of Archives and History is authorized to charge a fee of $35 for 31 providing technical assistance in repairing and rehabilitating historically significant properties. The agency may also charge fees based 32 on the following fee schedule for investment tax credit reviews for historically significant properties under the Federal Investment Tax 33 Credit Program or other programs requiring review of compliance with federal guidelines. 34 A fee of $250 is authorized for review of proposed or ongoing rehabilitation work for all projects. Fees for review of completed 35 rehabilitation work is based on the dollar amount spent on the rehabilitation as follows:
SECTION 15 - H79 - ARCHIVES AND HISTORY, DEPARTMENT OF PAGE 444 1 FEE SIZE OF REHABILITATION 2 3 $ 500 $ 5,000 to $ 99,999 4 $ 800 $ 100,000 to $499,999 5 $1,500 $ 500,000 to $999,999 6 $2,500 $1,000,000 or more 7 If a review of proposed or on-going rehabilitation work has been made prior to submission of the Request for Certification of Completed 8 Work, the Department will deduct the $250 from the total owed for review of completed rehabilitation work. In general, each rehabilitation 9 of a certified historic structure will be considered a separate project when computing the amount of the fee. 10 Revenues from these fees will be retained, carried forward and used by this department for Historic Preservation programs assisting 11 historic properties throughout South Carolina. 12 Revenues received from application fees for reviewing and certifying the rehabilitation work on historic properties under the review 13 compliance program will be retained by the agency. 14 15.6. (AH: Funding to Maintain Archival Materials) Funds remaining from the $300,000 appropriated in FY 1993-94 will be 15 deposited in a special account and carried forward to the next fiscal year. These funds will not be considered as part of the 10% carry 16 forward in General Fund appropriations. Funds will be expended for supplies, procedures, and equipment designed to preserve the 17 Archives collection. The Senate Finance and Ways and Means Committees shall be furnished a report annually detailing such 18 expenditures. 19 15.7. (AH: History Center Funding) Funds appropriated for the Department of Archives and History, History Center must be used 20 by the State Budget and Control Board and the South Carolina Department of Archives and History who are directed to proceed 21 expeditiously with the design and construction of a replacement facility for the Department of Archives and History's current facility on 22 Senate Street in Columbia. This shall include, but not be limited to, awarding a contract to begin construction. To finance the project, 23 state funding appropriated in this act or any other appropriation act shall be expended in the order authorized funding becomes available 24 for the History Center. Additional funding is to be provided from other sources as may be determined by the General Assembly. If interim 25 financing is necessary, the State Treasurer may provide interim financing. Of the funds appropriated in this act and/or any other funds 26 appropriated in any other appropriation act for construction of the South Carolina History Center, $2,000,000 shall support the National 27 Endowment for the Humanities Challenge Grant (CH-20306), be used to match Endowment funds and be expended for the approved 28 purposes of this grant, specifically construction of the South Carolina History Center. 29 15.8. (AH: Historical Burial Ground) Of the funds appropriated in Part IA, Section 15, up to $100,000 may shall be expended in FY 30 97-98 the current fiscal year for historical burial ground preservation. Of these funds, $10,000 shall be used for the Historical Burial 31 Grounds in the City of Spartanburg. 32 33 SECTION 17 - H87 - LIBRARY, STATE 34 35 17.1. (LIB: Aid to Counties Libraries Allotment) The amount appropriated in this section for "Aid to County Libraries" shall be
SECTION 17 - H87 - LIBRARY, STATE PAGE 445 1 allotted to each county on a per capita basis according to the official United States Census for 1990, as aid to the County Library. No 2 county shall be allocated less than $15,000 $50,000 under this provision. To receive this aid, local library support shall not be less than 3 the amount actually expended for library operations from local sources in the second preceding year. 4 17.2. (LIB: Exempt Across-the-Board Reduction) In the calculation of any across-the-board cut mandated by the Budget and Control 5 Board or General Assembly, the amount which the State Library pays to South Carolina Heritage Associates for rent in the Mt. Vernon 6 Mill General Services for the retirement of General Revenue Bonds shall be excluded from the State Library's base budget. 7 17.3. (LIB: Information Service Fees) The State Library may charge a fee for costs associated with information delivery and retain 8 such funds to offset the costs of maintaining, promoting and improving information delivery services. 9 17.4. (LIB: Continuing Education Fees) The State Library may charge a fee for costs associated with continuing education and retain 10 such funds to offset the costs of providing continuing education opportunities. 11 17.5. (LIB: Surplus Furniture & Equipment) The South Carolina State Library shall transfer to the Department of Archives and 12 History an amount not to exceed $50,000, for furniture and equipment deemed excess by the Department when it moves into their new 13 building. This equipment shall remain in the existing building and become part of the State Library's inventory. 14 15 SECTION 18 - H91 - ARTS COMMISSION 16 17 18.1. (ARTS: Professional Artists Contract) Where practicable, all professional artists employed by the Arts Commission in the fields 18 of music, theater, dance, literature, musical arts, craft, media arts and environmental arts shall be hired on a contractual basis as independent 19 contractors. Where such a contractual arrangement is not feasible employees in these fields may be unclassified, however, the approval 20 of their salaries shall be in accord with the provisions of Section 72.24 of this Act. 21 18.2. (ARTS: Special Revolving Account) Any income derived from Arts Commission sponsored arts events or by gift, contributions, 22 or bequest now in possession of the Arts Commission including any federal or other funds balance remaining at the end of the prior fiscal 23 year, shall be retained by the Commission and placed in a special revolving account for the Commission to use solely for the purpose of 24 supporting the programs provided herein. Any such funds shall be subject to the review procedures as set forth in Act 651 of 1978. 25 18.3. (ARTS: Grant Funds Equitable Disbursement) The Commission shall make every effort to disburse state and federal grant funds 26 to counties in the most equitable manner possible. Counties that have demonstrated initiative in seeking support and developing arts 27 programs are to be given consideration when funds are disbursed. 28 18.4. (ARTS: Partial Indirect Cost Waiver) The Commission is allowed to apply a 15% indirect cost rate for continuing federal grants 29 for which they must compete. The Commission shall apply the full approved negotiated rate to the Basic State Grant and any new grants 30 received by the Commission. 31 18.5. (ARTS: Oconee Community Center) DELETED 32 33 SECTION 19 - H95 - MUSEUM COMMISSION, STATE 34 35 19.1. (MUSM: Duplicate Materials) The Commission may give (away) natural history materials in its possession for educational
SECTION 19 - H95 - MUSEUM COMMISSION, STATE PAGE 446 1 purposes, such materials being less than museum quality or duplicative of materials owned by the Museum Commission. 2 19.2. (MUSM: Removal From Collections) The Commission may remove objects from its museum collections by gift to another 3 public or nonprofit institution, by trade with another public or nonprofit institution, by public sale, by transfer to the Commission's 4 education, exhibit, or study collections or to its operating property inventory; or as a last resort, by intentional destruction on the condition 5 that the objects so removed meet with one or more of the following criteria: (1) they fall outside the scope of the S. C. Museum 6 Commission's collections as defined in the Collection Policy dated January 20, 1993, (2) they are unsuitable for exhibition or research, 7 (3) they are inferior duplicates of other objects in the collection, or (4) they are forgeries or were acquired on the basis of false information; 8 funds from the sale of such objects will be placed in a special revolving account for the Commission to use solely for the purpose of 9 purchasing objects for the collections of the State Museum. 10 19.3. (MUSM: Museum Store) The Museum Commission shall establish and administer a museum store in the State Museum. This 11 store may produce, acquire, and sell merchandise relating to historical, scientific, and cultural sources. All profits received from the sale 12 of such merchandise shall be retained by the Museum Commission in a restricted fund to be carried forward into the following fiscal year. 13 These funds may be used for store operations, publications, acquisitions, educational programs, exhibit production and general operating 14 expenses provided that the expenditures for such expenses are approved by the General Assembly in the annual Appropriation Act. 15 19.4. (MUSM: Traveling Exhibits Fees) The Museum Commission may rent or sell exhibits and exhibit components and the 16 Commission may retain such funds and use them to offset the cost of developing, maintaining, promoting, and improving the changing 17 exhibit program and to support general operations, provided that the expenditures for such expenses are approved by the General Assembly 18 in the annual Appropriation Act. Any unexpended revenue from these sources may be carried forward into the current fiscal year to be 19 expended for the same purposes. 20 19.5. (MUSM: Retention of Revenue) The Museum Commission may retain revenue received from admissions, program fees, facility 21 rentals, professional services, donations and other miscellaneous operating income and may expend such revenue for general operating 22 expenses provided that such expenditures are approved by the General Assembly in the annual appropriations act. Any unexpended 23 revenue from these sources may be carried forward into the current fiscal year to be expended for the same purposes. 24 19.6. (MUSM: Across-the-Board Cut Exemption) In the calculation of any across-the-board cut mandated by the Budget and Control 25 Board or General Assembly, the amount of the Museum's rent which the Commission pays to the South Carolina Heritage Associates for 26 rent of the Museum's rent General Services for the retirement of General Revenue Bonds shall be excluded from the Museum's base budget. 27 19.7. (MUSM: School Tour Fee Prohibition) The Commission may not charge admission fees to groups of children from South 28 Carolina who have made reservations that are touring the museum as part of a school function. 29 19.8. (MUSM: Dining Area Rent) Of the space currently vacant in the Columbia Mills Building, space large enough for the Museum 30 to have dining space for school-aged children shall be provided to the State Museum at no cost. 31 32 SECTION 20 - L32 - HOUSING, FINANCE AND DEVELOPMENT AUTHORITY 33 34 20.1. (HFDA: Federal Rental Assistance Administrative Fee Carry Forward) All federal rental assistance administrative fees shall 35 be carried forward to the current fiscal year for use by the Authority in the administration of the federal programs under contract with the
SECTION 20 - L32 - HOUSING, FINANCE AND DEVELOPMENT AUTHORITY PAGE 447 1 Authority. No State funds are to be used in the administration of these programs. 2 20.2. (HFDA: Program Expenses Carry Forward) For the prior fiscal year monies withdrawn from the Authority's various bond- 3 financed trust indentures and resolutions, which monies are deposited with the State Treasurer to pay program expenses, may be carried 4 forward by the Authority into the current fiscal year. By October 1, of the current fiscal year, a report shall be submitted to the Senate 5 Finance Committee and the House Ways and Means Committee, detailing the amount carried forward and a detailed budget for its 6 expenditure. 7 8 SECTION 21 - P12 - SOUTH CAROLINA FORESTRY COMMISSION 9 10 21.1. (FC: Surplus Property Exemption) The South Carolina Forestry Commission may retain and apply all receipts, less the cost of 11 disposition incurred by the Division of Operations - Office of General Services, from the sale of surplus forest firefighting equipment 12 toward the purchase of forest firefighting equipment. 13 21.2. (FC: Ladies Island Fire Tower/Pickens Area Office) The South Carolina Forestry Commission is authorized to sell 1.02 acres 14 of real property with improvements, known as Ladies Island Fire Tower site located in Beaufort County and to use the receipts from the 15 sale for construction of the Pickens Area Office and in the Commission's Capital Improvements Program. 16 21.3. (FC: Grant Funds Carry Forward) The S.C. Forestry Commission is authorized to use unexpended federal grant funds in the 17 current year to pay for expenditures incurred in the prior year. 18 21.4. (FC: Forestry Warden Technician Training Program) Of the funds appropriated herein, $175,000 shall be used to provide 19 personal service funds for forest fire wardens who enroll in the Forestry Warden Technician Program. Forest wardens will be awarded 20 a ten percent increase upon enrollment in the Forestry Warden Technician Training Program. An additional ten percent increase will be 21 awarded upon satisfactory completion of the Forest Warden Technician Training Program. 22 23 SECTION 22 - P16 - AGRICULTURE, DEPARTMENT OF 24 25 22.1. (AGRI: Market Bulletin) The Market Bulletin shall be mailed only to those persons who request it in writing and a record of 26 each request shall be maintained by the Department. The Department shall biennially purge the subscription list through use of a coupon 27 printed in the Bulletin. 28 22.2. (AGRI: Fruit/Vegetable Inspectors Subsistence) A daily subsistence allowance of up to $30.00 may be allowed for temporarily 29 employed fruits and vegetables inspectors from funds generated by fruits and vegetables inspection fees and budgeted under Other funds 30 in Program IV Marketing Services, E. Inspection Services, in lieu of reimbursements for meals and lodging expense. 31 22.3. (AGRI: Commodity Boards Expenditures) Expenditures made for the various Commodity Boards (as budgeted under Other 32 funds in Program IV.C. Marketing Services: Commodity Boards) are exempt from regulations under the Procurement Act of 1981. 33 22.4. (AGRI: Mobile Lab Fee) The Commissioner of Agriculture may set a nominal fee, not to exceed ten dollars, per analysis 34 performed by the Department's mobile laboratory. These fees may be retained and expended by the Department of Agriculture to offset 35 other operating expenses incurred by the mobile laboratory.
SECTION 20 - L32 - HOUSING, FINANCE AND DEVELOPMENT AUTHORITY PAGE 448 1 22.5. (AGRI: Sale of Columbia Farmer's Market Property) DELETED 2 3 SECTION 23 - P20 - CLEMSON UNIVERSITY - PSA 4 5 23.1. (CU-PSA: Revenue Credited to General Fund) All revenues derived from the Regulatory and Public Service Division covered 6 in this section must be remitted to the credit of the General Fund. 7 23.2. (CU-PSA: Employer Contributions Carry Forward) That amount accrued and expended for employer contributions associated 8 with accrued salaries and wages but not remitted by June 30, of the prior fiscal year, may be carried forward to the current fiscal year. 9 23.3. (CU-PSA: Pesticide Revenue) The first $140,000 in revenue from pesticide registration fees must be retained by Regulatory 10 and Public Service Programs to apply to expenses of centralizing its personnel and relocating its laboratories from the Poole Agricultural 11 Center. All revenues collected from pesticide registration fees in excess of $140,000 and up to $50,000 of revenues collected from 12 Structural Pest Control Businesses for Business licensing must be retained by Regulatory and Public Service Programs to carry out 13 provisions of the S.C. Pesticide Control Act as amended and pursuant to regulations related to this Act. 14 23.4. (CU-PSA: Phytosanitary Certificates) Revenues collected from the issuance of Phytosanitary certificates shall be retained by 15 the Division of Regulatory and Public Service for the purpose of carrying out Phytosanitary inspections. 16 23.5. (CU-PSA: Witness Fee) The Public Service Activities of Clemson University are hereby authorized to charge a witness fee 17 of $100.00 per hour up to $400.00 per day for each employee testifying as an expert witness in civil matters which do not involve the State 18 as a party in interest. This fee shall be charged in addition to any court prescribed payment due as compensation or reimbursement for 19 judicial appearances and deposited into a designated revenue account. 20 21 SECTION 24 - P24 - NATURAL RESOURCES, DEPARTMENT OF 22 23 24.1. (DNR: County Funds) Funds belonging to each of the counties of the State, now on hand or hereafter accruing to the counties, 24 shall be expended on approval of a majority of the respective county delegation, including the resident senator or senators, if any. An 25 annual accounting for all such funds and expenditures shall be furnished by the Department to each member of each county delegation; 26 it being the intent of the General Assembly that the appropriations made in this section are conditioned upon compliance with this 27 requirement. In addition to the annual accounting required above, the Department shall make a proposal for expenditures of such funds 28 in the succeeding fiscal year in each county to the members of the respective county legislative delegation, including the resident senator 29 or senators, if any; and upon approval thereby shall proceed with the use of such funds in compliance with the finalized and approved plan 30 as approved by each legislative delegation. If no plan is approved, the expenditure of such funds is to be administered as determined by 31 the various legislative delegations. 32 24.2. (DNR: County Game Funds/Equipment Purchase) Any equipment purchased by the Department from county game funds on 33 approval of a majority of a county delegation, including the resident senator or senators, if any, shall remain in that county upon the request 34 of a majority of the respective county delegation, including the resident senator or senators, if any, and if sold by the Department, the 35 proceeds of such sale shall be credited to such county game fund. Expenditures from the County Game Fund and the Water Recreation
SECTION 24 - P24 - NATURAL RESOURCES, DEPARTMENT OF PAGE 449 1 Resource Fund which have the approval of the county delegation shall be exempt from the provisions of Act 651 of 1978, as amended. 2 24.3. (DNR: Armed Forces Fishing/Hunting License) Any member of the armed forces of the United States who is a resident of South 3 Carolina stationed outside of the state, shall upon presentation of his official furlough or leave papers, be allowed to fish or hunt without 4 purchasing a fishing or hunting license. 5 24.4. (DNR: Fisheries) Notwithstanding the provisions of Section 50-9-460, one-half of all proceeds from the sales under 50-9-460 6 shall be allocated to the Department for the propagation and conservation of fisheries resources. 7 24.5. (DNR: Publications Revenue) For the current fiscal year all revenue generated from the sale of the 'South Carolina Wildlife' 8 magazine, its by-products and other publications, shall be retained by the Department and used to support the production of same in order 9 to allow the magazine to become self-sustaining. 10 24.6. (DNR: Casual Sales Tax Collection) The Department of Natural Resources shall continue to collect the casual sales tax as 11 contained in the contractual agreement between the Department of Revenue and Taxation and the Department of Natural Resources and 12 the State Treasurer is authorized to reimburse the Department on a quarterly basis for the actual cost of collecting the casual sales tax and 13 such reimbursement shall be paid from revenues generated by the casual sales tax. 14 24.7. (DNR: Temporary Transfer of Conservation Officers) Without expending additional personal service funds, conservation 15 officers may be temporarily transferred for a period not to exceed six months, to counties requiring additional law enforcement manpower. 16 When a conservation officer is transferred under the authority of this provision, any county game funds which are expended for the 17 acquisition of supplies and equipment must be expended from the game fund of the county to which the officer is transferred. 18 24.8. (DNR: General Assistance County Appropriation) The appropriations in this section for "Aid To Conservation Districts" shall 19 be used by the Soil and Water Conservation Districts for general assistance to the district's program. No district shall receive any funds 20 under this provision unless the county or counties wherein the district is located shall have appropriated no less than three hundred dollars 21 to the district from county funds for the same purposes. 22 24.9. (DNR: Proportionate Funding) Each of South Carolina's 46 Soil and Water Conservation Districts shall receive a proportionate 23 share of funding set aside for Aid to Conservation Districts up to $8,000 per district for general assistance to the district's program. 24 Available funding above $8,000 for each district will be apportioned by the Department of Natural Resources based upon local needs and 25 priorities as determined by the Board. No district shall receive any funds under this provision unless the county or counties wherein the 26 district is located shall have appropriated no less than three hundred dollars to the district from county funds for the same purposes. 27 24.10. (DNR: Carry Forward - Contract for Goods & Services) If any funds accumulated by the Department of Natural Resources 28 Geology Program, under contract for the provision of goods and services not covered by the Department's appropriated funds, are not 29 expended during the preceding fiscal years, such funds may be carried forward and expended for the costs associated with the provision 30 of such goods and services. 31 24.11. (DNR: Revenue Carry Forward) The Department may collect, expend and carry forward revenues derived from the sale of goods 32 and services in order to support aerial photography, map services, climatology data and geological services. The Department shall annually 33 report to the Senate Finance and Ways and Means Committees the amount of revenue generated from the sale of these goods and services. 34 24.12. (DNR: Clothing Allowance) The Department of Natural Resources is hereby authorized to provide Natural Resource 35 Enforcement Officers on special assignment with an annual clothing allowance (on a prorata basis) not to exceed $400 $600 per officer
SECTION 24 - P24 - NATURAL RESOURCES, DEPARTMENT OF PAGE 450 1 for required clothing used in the line of duty. 2 24.13. (DNR: Pagers Service Fee) Upon the request of a county delegation, the Department of Natural Resources shall pay the 3 minimum monthly service fee for pagers issued to the Department of Natural Resources law enforcement officers from the funds expended 4 by the Department of Natural Resources for operating expenses. 5 24.14. (DNR: Richland County Water Recreational Resources Fund) Of the funds allocated to the Water Recreational Resources Fund 6 for Richland County and upon the approval of the county delegation, $60,000 from the county's Water Recreational Resources Fund shall 7 be used for renovation of the Lake Murray Tourism Visitors Center. 8 24.15. (DNR: Commissioned Officers' Physicals) The Department is authorized to pay for the cost of physical examinations for 9 department personnel who are required to receive such physical examinations prior to receiving a law enforcement commission. 10 11 SECTION 25 - P26 - SEA GRANT CONSORTIUM 12 13 25.1. (SGC: Publications Revenue) Funds generated by the sale of pamphlets, books, and other printed materials, the production of 14 which has been supported by non-state funding, may be deposited in a special account by the Consortium and utilized as Other Funds for 15 the purchase of additional pamphlets, books, and other printed materials for distribution to the public. 16 17 SECTION 26 - P28 - PARKS, RECREATION AND TOURISM, DEPARTMENT OF 18 19 26.1. (PRT: Canadian Day) The Department when expending the $85,000 appropriation herein contained for a Canadian Promotion 20 shall designate one day of such promotion as "Canadian Day" and notwithstanding any other provision of law, all Canadians shall be 21 allowed admittance to state parks and use of park camping facilities on Canadian Day free of charge. 22 26.2. (PRT: Boyleston House Gift/Souvenir Shop Revenue) Any monies derived from the Gift/Souvenir Shop at the Boyleston House 23 must be used for the continuing operation of same. 24 26.3. (PRT: Publications Revenue) The Department is authorized to charge a fee for the cost of vacation guides, research reports, 25 educational conferences, technical planning assistance, technical drawings, and mailing lists. The fee shall offset the actual cost of 26 producing or providing such items and revenue in an amount necessary to offset actual cost shall be retained in a restricted account. Any 27 revenue generated above the actual cost shall be remitted to the General Fund of the State. 28 26.4. (PRT: Tourism Funds Sharing Grants) Notwithstanding any other provision of law or appropriation herein contained, the Horry- 29 Georgetown Tourism Commission is not eligible to receive any tourism funds-sharing grants. 30 26.5. (PRT: Scholarship Program) The Department of Parks, Recreation and Tourism is hereby authorized to establish a scholarship 31 program with Clemson University, South Carolina State University, Sumter Technical College, Trident Technical College, Horry- 32 Georgetown Technical College, Technical College of the Low Country, and other South Carolina institutions of higher education for the 33 purpose of assisting students majoring in park-related fields such as park management, interpretation or conservation relative to potential 34 future employment with the State Parks Division. 35 26.6. (PRT: Spoleto Festival) DELETED
SECTION 26 - P28 - PARKS, RECREATION AND TOURISM, DEPARTMENT OF PAGE 451 1 26.7. (PRT: State Park Study) The Department shall conduct a study regarding the feasibility of adding a state park to counties which 2 have no state parks. The Department shall report its findings to the Senate Finance Committee and the House Ways and Means Committee 3 by January 1, 1999. 4 26.8. (PRT: Funding Plan) The Department is directed to work in conjunction with the Office of State Budget and the Governor's 5 Office to review the admissions tax funding plan implemented in FY 1992-93 and to develop an alternative funding plan which should 6 include, but is not limited to, a mechanism to relieve the immediate negative cash flow situation and to review the possibility of returning 7 the Department to State appropriated funding for operations currently funded by the admissions tax. 8 The plan must be ready for review by the Governor, the House Ways and Means Committee and the Senate Finance Committee no later 9 than October 1, 1998. 10 11 SECTION 27 - P32 - COMMERCE, DEPARTMENT OF 12 13 27.1. (CMRC: Development - Publications Revenue) The proceeds from the sale of publications may be retained in the agency's 14 printing, binding, and advertising account to offset increased costs. 15 27.2. (CMRC: Development - Enterprise Development Inc. Contract) The Division of State Development may contract with 16 Enterprise Development, Inc. of South Carolina to provide and perform the following functions: 17 1. State Enterprise Development Strategy to include: 18 a) Technical/management assistance to emerging businesses; 19 b) Risk capital development for emerging businesses; 20 c) Incubator system (emphasis on industry and university-linked incubators) to nurture high growth business ventures; 21 d) Strategic marketing to emerging businesses; 22 e) Regional enterprise development coordination. 23 2. Comprehensive approach to technology transfer to include all industries. 24 3. Educational environment for entrepreneurial development. 25 4. Statewide business information center. 26 These contractual services may be funded through the transfer of up to $550,000 of budgetary monies from the Division of State 27 Development. The corporation, as a condition of receiving the contract, must provide in its charter that the Chairmen of the Senate Finance 28 Committee and House Ways and Means Committee, or their designees, are ex-officio members of the corporate board. 29 27.3. (CMRC: Economic Dev. Coordinating Council - SCIP Carry Forward) From the amount set aside in 12-27-1270, the Council 30 is authorized to use up to $60,000 to continue to contract with the Division of State Development for the development of the South Carolina 31 Infrastructure-Economic Development Planning Project (SCIP) utilizing Geographic Information Systems, GIS. Any balance on June 30 32 of the prior fiscal year may be carried forward and expended for the same purposes in the current fiscal year. 33 27.4. (CMRC: Savannah Valley - Carry Forward) The Division of Savannah Valley Development is hereby authorized to carry 34 forward unexpended funds, regardless of their origin, for the authorized purposes of the Development as specified in its legislation. 35 27.5. (CMRC: Aeronautics - Civil Air Patrol) The funds appropriated in this section under program VII.T "Civil Air Patrol" shall
SECTION 27 - P32 - COMMERCE, DEPARTMENT OF PAGE 452 1 be expended by the Civil Air Patrol so as to discharge the State's obligations in conjunction with the Civil Air Patrol as outlined in the 2 SARDA Plan, the S. C. Operational Radiological Emergency Response Plan, and assist County and local authorities and other State 3 agencies insofar as permitted by the regulations governing the Civil Air Patrol. All expenditures for equipment and services shall be in 4 accordance with State fiscal policies. 5 27.6. (CMRC: Aeronautics - Reimbursement for Services Carry Forward) The Division of Aeronautics may retain and expend 6 reimbursements derived from charges to other government agencies for service and supplies for operating purposes and that a reserve not 7 to exceed $300,000 may be carried forward to the current fiscal year for the replacement of time limit aircraft components. 8 27.7. (CMRC: Aeronautics - Air Force Office Space Rental) Revenue received for rental of office space to the U.S. Air Force may 9 be retained and expended to cover the cost of building operations. 10 27.8. (CMRC: Aeronautics - Cost of Utilities) The Division of Aeronautics shall not pay for all or any portion of the cost of utilities 11 at any airport or facility except for buildings occupied by the Division of Aeronautics. 12 27.9. (CMRC: Aeronautics - Funding Sequence) All General Aviation Airports will receive funding prior to the four air carrier 13 airports (i.e. Columbia, Charleston, Greenville-Spartanburg, Myrtle Beach Jetport) as these qualify for special funding under the DOT/FAA 14 appropriations based on enplanements in South Carolina. This policy may be waived to provide matching State funds for critical FAA 15 safety or capacity projects at air carrier airports. 16 27.10. (CMRC: Aeronautics - Hangar/Parking Facilities) The Division of Aeronautics will provide hangar/parking facilities for 17 government owned and/or operated aircraft on a first come basis. The funds collected are to be deposited to the General Fund. The Hangar 18 Fee Schedule shall be as follows: 19 Single Engine - $ 50.00 per month 20 Twin Engine - $ 75.00 per month 21 Jet/Turboprop - $100.00 per month 22 Helicopter - $ 75.00 per month 23 Permanent parking/tie down space will be provided at the rate of $20.00 per month for single engine aircraft, or $30.00 per month for twin 24 engine aircraft. Personnel from the agencies owning and/or operating aircraft will be responsible for ground movement of their aircraft. 25 27.11. (CMRC: Aeronautics - Airport Planning/Development Studies Carry Forward) Any unexpended balance on June 30, of the prior 26 fiscal year, of appropriations to the Division for airport planning and development studies may be carried forward into the current fiscal 27 year, and expended for the same purposes. 28 27.12. (CMRC: Aeronautics - Airport Development) Any line item appropriation for airports shall be disbursed for eligible airport 29 development items as approved by the Division. 30 27.13. (CMRC: Aeronautics - Clothing Allowance) The Division of Aeronautics is hereby authorized to provide pilots with an annual 31 clothing allowance (on a pro rata basis) not to exceed $400 per pilot for required clothing used in the performance of their primary duty. 32 27.14. (CMRC: Contributions Carry Forward) The Department of Commerce is authorized to carry forward unexpended contributions 33 received from member agencies of the Economic Development Coordinating Council to be used for operating expenses and to offset 34 contributions in the current fiscal year. 35 27.15. (CMRC: Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, for Matching National Grant
SECTION 27 - P32 - COMMERCE, DEPARTMENT OF PAGE 453 1 Funds, may be carried forward to the current fiscal year and used for matching committed and/or unanticipated grant funds. 2 27.16. (CMRC: Supplemental Carry Forward) Any unexpended funds from FY 94 Supplemental Appropriation Act (#528), Section 3 3(11) and Section 3(42) for airport improvements may be carried forward from FY 95 into FY 96 and expended for the same purpose. 4 27.17. (CMRC: Carry Forward Sale of Aircraft Proceeds) The Department of Commerce may carry forward proceeds from the sale 5 of aircraft to be used for replacement aircraft. 6 27.18. (CMRC: Railroad Commission - Maritime Exchange) The Railroad Commission may make a grant to the Maritime Association 7 of Charleston in the amount of $100,000 to be used to establish a maritime exchange system. 8 27.19. (CMRC: Museum Commission - Astronomy Educator Program) From the amount set aside in 12-27-1270 as provided for in 9 Proviso 27.3, $39,024 shall be transferred to the State Museum Commission to provide for salary, employer contributions and operating 10 expenses for the Astronomy Educator Program. 11 27.20. (CMRC: SCDNR - Shrimp Hatchery) From the amount set aside in Section 12-27-1270, the Council shall transfer $110,000 12 to the Marines Resources Division of the South Carolina Department of Natural Resources for the sole purpose of establishing an in-state 13 shrimp hatchery. 14 27.21. (CMRC: Orangeburg County Industrial Park) From the amount set aside in Section 12-27-1270, the Council shall transfer 15 $987,000 to the Orangeburg County Industrial Park for infrastructure improvements. 16 17 SECTION 30 - B04 - JUDICIAL DEPARTMENT 18 19 30.1. (JUD: Prohibit County Salary Supplements) County salary supplements of Judicial Department personnel shall be prohibited. 20 30.2. (JUD: County Offices For Judges) Every county shall provide for each circuit and family judge residing therein an office with 21 all utilities including a private telephone, and shall provide the same for Supreme Court Justices and Judges of the Court of Appeals upon 22 their request. 23 30.3. (JUD: Commitments to Treatment Facilities) The appropriation for continued implementation of Article 7, Chapter 17, of Title 24 44 of the 1976 Code, Chapter 24 of Title 44 of the 1976 Code, and Chapter 52 of Title 44 of the 1976 Code, relating to commitments, 25 admissions and discharges to mental health facilities, or treatment facility for the purpose of alcohol and drug abuse treatment, shall be 26 expended for the compensation of court appointed private examiners, guardians ad litem, and attorneys for proposed patients, and related 27 costs arising from the filing, service and copying of legal papers and the transcription of hearings or testimony. Court appointed private 28 examiners, guardians ad litem and attorneys shall be paid at such rates or schedules as are jointly determined to be reasonable by the South 29 Carolina Association of Probate Judges, the State Court Administrator and the South Carolina Department of Mental Health with the 30 approval of the Attorney General. 31 30.4. (JUD: Judicial Commitment) Except as otherwise provided in Section 72.6, no money appropriated pursuant to Item VI, Judicial 32 Commitment shall be used to compensate any state employees appointed by the court as examiners, guardians ad litem or attorneys nor 33 shall such funds be used in payment to any State agency for providing such services by their employees. 34 30.5. (JUD: Judicial Expense Allowance) Each Supreme Court Justice, Court of Appeals Judge, Family Court Judge and Circuit Court 35 Judge shall receive two hundred fifty five hundred dollars per month as expense allowance.
SECTION 30 - B04 - JUDICIAL DEPARTMENT PAGE 454 1 30.6. (JUD: Special Judge Compensation) In the payment of funds from "Contractual Services," and "Administrative Fund," that no 2 Special Judge shall be paid for more than a two week term within a fiscal year except that this restriction will not apply in case of an 3 ongoing trial. 4 30.7. (JUD: Advance Sheet Revenues Deposit) The Judicial Department must deposit in the General Fund of the State during the 5 current fiscal year, all advance sheet revenues, including any carried forward balance from prior years. 6 30.8. (JUD: BPI/Merit) Judicial employees shall receive base and average merit pay in the same percentages as such pay are granted 7 to classified state employees. 8 30.9. (JUD: Supreme Court Bar Admissions Carry Forward) Any funds collected or carried forward from Supreme Court Bar 9 Admissions in excess of the amount required to be remitted to the General Fund may be carried forward and expended in the current fiscal 10 year for the benefit of the Bar Admissions unit. 11 30.10. (JUD: Travel Reimbursement) State employees of the Judicial Department traveling on official state business must be 12 reimbursed in accordance with Section 72.37(J) of this Act. 13 30.11. (JUD: Court Appointments) The funds appropriated under "Court Appointment Funding" shall be used to reimburse private 14 attorneys who are appointed by the Family Court to represent guardians ad litem, children, or parents under the provisions of S.C. Code 15 Sections 20-7-110 et seq., 20-7-1570 et seq., 20-7-1695 (A)(2) et seq., 20-7-600 et seq. and 20-7-8705 (4)(a) et seq. When private counsel 16 is appointed pursuant to these provisions, counsel shall be reimbursed a reasonable fee to be determined on the basis of forty dollars per 17 hour. Reimbursement shall not exceed one thousand seven hundred fifty dollars for any case under which such private attorney is 18 appointed. Reimbursements in excess of the hourly rate and limit set forth herein is authorized only if the court certifies, in a written order 19 with specific findings of fact, that reimbursement in excess of the rates or limit is necessary to provide reimbursement adequate to ensure 20 effective assistance of counsel and reimbursement in excess of the limit is appropriate because the services provided were reasonably and 21 necessarily incurred. Priority in monthly payment of reimbursement vouchers must be given to those submitted by private attorneys for 22 cases originating in counties which have a population of 135,000 or less as determined by the most recent US Census report. 23 24 SECTION 32 - E20 - ATTORNEY GENERAL'S OFFICE 25 26 32.1. (AG: Collection of Debts, Claims or Obligations) The Attorney General is hereby authorized to contract for the collection of 27 debts, claims or obligations due to the State, or any of its departments or institutions. 28 32.2. (AG: Hiring of Attorneys) No department or agency of the State Government shall hire any classified or temporary attorney 29 as an employee except upon the written approval of the Attorney General and at a compensation approved by him. All such attorneys shall 30 at all times be under the supervision and control of the Attorney General except as otherwise provided by law unless obtaining prior 31 approval by the Budget and Control Board. 32 32.3. (AG: Engage Attorney on Fee Basis) No department or agency of the State Government shall engage on a fee basis any attorney 33 at law except upon the written approval of the Attorney General and upon such fee as shall be approved by him. This shall not apply to 34 the employment of attorneys in special cases in inferior courts where the fee to be paid does not exceed two hundred fifty ($250.00) dollars 35 or exceptions approved by the Budget and Control Board.
SECTION 32 - E20 - ATTORNEY GENERAL'S OFFICE PAGE 455 1 32.4. (AG: Printing of Opinions & Index) The Attorney General is authorized to print for public sale, copies of his published opinions 2 and index thereto at such charges as are established by the state printer, in accordance with the cost of the documents plus a twenty-five 3 percent surcharge. All proceeds from the sale of copies of opinions or indices shall be remitted to the general funds of the State and a full 4 accounting kept thereof. 5 32.5. (AG: Asbestos Abatement Litigation) The Attorney General shall report to the Senate Finance and Ways and Means Committees 6 on the status of that office's Asbestos Abatement Litigation. 7 32.6. (AG: State Grand Jurors Subsistence) Jurors of the state grand jury shall receive daily subsistence expense equal to the 8 maximum allowable by regulation of the Internal Revenue Code for the Columbia area when summoned or serving and be paid the same 9 per diem and mileage as are members of state boards, commissions, and committees. 10 32.7. (AG: Medicaid Fraud) The Attorney General shall provide the necessary personnel, in conjunction with the Department of 11 Health & Human Services, to process and/or refer suspected Medicaid fraud cases to appropriate law enforcement officials for investigation 12 and/or legal action, as deemed necessary. 13 32.8. (AG: Litigation Expense) Notwithstanding any other provision of law, the Office of the Attorney General may obtain 14 reimbursement for its costs in representing the State in criminal proceedings and in representing the State and its officers and agencies in 15 civil and administrative proceedings. These costs may include, but are not limited to, travel expenditures, depositions, printing, transcripts, 16 and personnel costs. Reimbursement of these costs may be obtained by the Office of the Attorney General from the budget of an agency 17 or officer that it is representing or from funds generally appropriated for legal expenses with the approval of the Budget and Control Board. 18 32.9. (AG: Elder and Vulnerable Adults Abuse Reports) The Long Term Care Ombudsman Program and the Adult Protection Services 19 Program shall forward to the Attorney General's Office reports of abuse, neglect or exploitation of elders or vulnerable adults as defined 20 pursuant to the Omnibus Adult Protection Act. The Attorney General and these investigative entities shall enter into memoranda of 21 understanding to determine which reports shall be sent to the Attorney General's Office, the time frame to be met and any other process 22 needed to meet the requirements of this proviso. 23 32.10. (AG: Securities Fees) DELETED 24 32.11. (AG: Securities Fees) Notwithstanding any other provision of law, the Attorney General's Office, during the current fiscal year, 25 shall remit to the General Fund all securities fees collected from prior fiscal years and retained by the agency for the current fiscal year. 26 27 SECTION 33 - E21 - PROSECUTION COORDINATION COMMISSION 28 29 33.1. (PCC: Solicitor Salary) The amount appropriated in this section for salaries of Solicitors shall be paid to each full-time Solicitor. 30 33.2. (PCC: Solicitor Expense Allowance) Each solicitor shall receive two hundred fifty five hundred dollars ($250.00) ($500.00) 31 per month as expense allowance. 32 33.3. (PCC: Judicial Circuits State Support) The amount appropriated and authorized in this section for Judicial Circuits (16) State 33 Support may, upon approval of the Commission, be used to fund necessary administrative and personnel costs of the Commission and other 34 expenditures approved by the Commission, not to exceed 5% of the appropriation, and the balance thereafter remaining shall be 35 apportioned among the circuits on a per capita basis and based upon the official census of 1990. Payment shall be made as soon after the
SECTION 33 - E21 - PROSECUTION COORDINATION COMMISSION PAGE 456 1 beginning of the first and third quarter as practical. 2 33.4. (PCC: Solicitor Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, may be carried forward into the 3 current fiscal year and expended for the operation of the Solicitor's office relating to operational expenses. 4 33.5. (PCC: Solicitor's Office - County Funding Level) It is the intent of the General Assembly that the amounts appropriated for 5 solicitors' offices shall be in addition to any amounts presently being provided by the county for these services and may not be used to 6 supplant funding already allocated for such services without any additional charges. 7 33.6. (PCC: Serious Offenses Funding) It is the intent of the General Assembly that more than 50% of the funds for Judicial Circuits- 8 State Support which exceeds the amount appropriated by the General Assembly in FY 1995-96, must be utilized for the expeditious 9 disposition of "most serious offenses" and "serious offenses" as defined by S.C. Code Section 17-25-45. 10 33.7. (PCC: Drug Court Pilot Programs) Amounts appropriated for these pilot programs must be used to supplement other funds used 11 to support this ongoing pilot program in Richland County and to establish a pilot program in Kershaw County. 12 13 SECTION 35 - E23 - INDIGENT DEFENSE, COMMISSION ON 14 15 35.1. (INDEF: Defense of Indigents Formula) The amount appropriated in this section for "Defense of Indigents" shall be apportioned 16 among counties in accord with Section 17-3-70, 1976 Code, but on a per capita basis and based upon the official United States Census 17 for 1990. The level of contribution of each county as of July 1, 1992, must be maintained. No county shall be permitted to contribute less 18 money than the amount the county contributed as of July 1, 1992. Within the amount of money established for indigent defense services, 19 the State shall set aside $2,750,000 (Death Penalty Trial Fund) annually exclusively for use of the defense in capital cases pursuant to 20 Section 16-3-26 of the 1976 Code, and for the expenses of the operation of the Commission on Indigent Defense. The State also shall set 21 aside $1,000,000 $1,500,000 annually to pay fees and expenses of private counsel appointed in non-capital cases pursuant to Section 17-3- 22 50 (Conflict Fund). Of the funds generated from the surcharge imposed pursuant to Section 14-1-213 of the 1976 Code, and from the fees 23 imposed 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), on 24 a monthly basis, 50% must be deposited into the Death Penalty Trial Fund, 15% must be deposited into the Conflict Fund until each of 25 these funds has received the required level of deposit, and the remaining funds each month must be apportioned among the counties' public 26 defender offices pursuant to Section 17-3-70. When either the Death Penalty Trial Fund or the Conflict Fund has been fully funded, the 27 monthly revenue being set aside for that fund will be directed to the other fund until it is completely funded. Upon complete funding of 28 both the Death Penalty Trial Fund and the Conflict Fund, all revenue collected pursuant to Section 14-1-213 and Sections 14-1-206(C)(4), 29 14-1-207(C)(6), 14-1-208(C)(6), and 17-3-30(B) must be apportioned among the counties' public defender offices pursuant to Section 17-3- 30 70. At the end of each fiscal year, any funds remaining in the Conflict Fund shall be treated as provided in Section 17-3-330(B). At the 31 end of each fiscal year any leftover funds shall carryover to the next fiscal year. All applications for the payment of fees and expenses 32 in capital cases shall be applied for from the Death Penalty Trial Fund which shall be administered by the Commission on Indigent 33 Defense. All applications for the payment of fees and expenses of private counsel or expenses of public defenders pursuant to Section 34 17-3-50 shall be applied for from the Conflict Fund administered by the Office of Indigent Defense. 35 35.2. (INDEF: State Employee Compensation Prohibited) Except as otherwise provided in Section 72.6, no money appropriated
SECTION 36 - K05 - PUBLIC SAFETY, DEPARTMENT OF PAGE 457 1 pursuant to Defense of Indigents shall be used to compensate any state employees appointed by the court as examiners, guardians ad litem 2 or attorneys nor shall such funds be used in payment to any State agency for providing such services by their employees. 3 35.3. (INDEF: Additional Funding) DELETED 4 5 SECTION 36 - K05 - PUBLIC SAFETY, DEPARTMENT OF 6 7 36.1. (DPS: Special Events Traffic Control) The Highway Patrol must not charge any fee associated with special events for 8 maintaining traffic control and ensuring safety on South Carolina public roads and highways unless approved by the General Assembly. 9 Nothing shall prohibit the Treasury of the State from accepting voluntary payment of fees from private or public entities to defray the actual 10 expenses incurred for services provided by the Department of Public Safety. 11 36.2. (DPS: Miscellaneous Revenue) Notwithstanding any other provisions of law, revenue received from the sale of meals to 12 employees, sale of student locks and materials, sale of legal manuals and other publications, postal reimbursement, third party Commercial 13 Driver License testing, photo copying, sale of miscellaneous refuse and recyclable materials, tuition from military breathalyzer courses, 14 coin operated telephones, revenue from E-911 and Coroner training, revenue from psychological screening, private college tuition, and 15 revenue from canteen operations and building management services, revenue from regional and national marketing of the "Crime-to-Court" 16 and other Department of Public Safety and E.T.V. series shall be retained by the Department and expended in budgeted operations for food 17 services, expansion of the Department's E.T.V. program, professional training, fees and dues, clothing allowance and other related services 18 or programs as the Director of the Department of Public Safety may deem necessary. 19 The Department of Public Safety shall report annually to the General Assembly the amount of miscellaneous revenue retained and 20 carried forward. 21 36.3. (DPS: Detective/Security Fee) The Department of Public Safety is hereby authorized to charge and collect additional license 22 and registration fees for private detective businesses, private security businesses, including employees of these businesses, and companies 23 which provide private security on their own premises. The funds generated will be retained by the Department and used for the purpose 24 of providing additional security in the Capitol Complex area. 25 36.4. (DPS: Federal, Other Flow Through Funds) In order to complete projects begun in a prior fiscal year, the Department of Public 26 Safety is authorized to expend Federal and Earmarked Funds in the current fiscal year for expenditures incurred in the prior fiscal year. 27 36.5. (DPS: Publish County DMV Local Telephone Number) From the funds appropriated in Part IA, Section 36 to the Department 28 of Public Safety, it is the intent of the General Assembly that the Division of Motor Vehicles in each county should have a local telephone 29 number that is published. 30 36.6. (DPS: Cost Recovery Fee) The Department of Public Safety may collect fees to recover the costs of the production, purchase, 31 handling and mailing of documents, publications, records and data sets, and such funds shall be retained by the agency. 32 36.7. (DPS: License Fees) Notwithstanding any provision of Title 56 of the 1976 Code relating to the disposition of revenues, all 33 revenues derived under Chapter Title 56 credited to the Department of Public Safety must be credited to the General Fund of the state, 34 except for those fees collected to recover the costs of the production, purchase, handling and mailing of documents, publications, records 35 and data sets, those fees collected under Section 56-5-2951 for supplying and maintaining video cameras in law enforcement vehicles used
SECTION 36 - K05 - PUBLIC SAFETY, DEPARTMENT OF PAGE 458 1 for traffic enforcement and the issuance of the alcohol restricted license and such funds shall be retained by the agency. 2 36.8. (DPS: Transfer of Funds - Motorcycle Rider Safety Ed. Pgm.) Of amounts appropriated for the Department of Public Safety, 3 an amount equal to one hundred thousand dollars must be transferred to Midlands Technical College for the Motorcycle Rider Safety 4 Education Program. 5 36.9. (DPS: Motor Carrier Registration Fees) Notwithstanding any other provisions of law, all positions previously transferred to 6 the Department of Public Safety from the Public Service Commission and the Department of Revenue whose duties include the 7 administration and enforcement of Articles 3 and 5, of Chapter 23 of Title 58, shall be funded from the motor carrier registration fees 8 collected by the Department that previously were collected by the Public Service Commission. 9 36.10. (DPS: New License Plates) The Department of Public Safety is authorized to charge $3.00 for postage and handling associated 10 with the mailing of new license plates. All funds collected pursuant to this proviso will be used to cover the costs of postage, handling 11 and the production of license plates. All unexpended funds at year end collected under this proviso may be retained and carried forward 12 by the Department to be used for the same purpose. 13 36.11. (DPS: Witness Fee) The Department of Public Safety is hereby authorized to charge a witness fee of $100.00 per hour, up to 14 $400.00 per day for each Multi-disciplinary Accident Investigation Team (MAIT) member testifying in civil matters which do not involve 15 the State as a party in interest. This fee shall be charged in addition to any court prescribed payment due as compensation or 16 reimbursement for judicial appearances and deposited into a designated revenue account. 17 36.12. (DPS: Sale of Photos or Digitized Images) The Department of Public Safety may enter into contracts to provide copies of 18 photography, electronically stored information, stored photographs or digitized images. Such items are to be used for the prevention of 19 fraud, including but not limited to, use in mechanisms intended to prevent the fraudulent use of credit cards, debit cards or other forms 20 of financial or voter transactions. The use of such photographs, electronically stored or digitized images obtained by private companies 21 or other entities is limited to the verification of the identity of the holder. Funds derived from the contractual sale of these copies are 22 retained by the Department of Public Safety to defray the costs of providing same. 23 36.13. (DPS: Commissioned Officers' Physicals) The Department is authorized to pay for the cost of physical examinations for 24 department personnel who are required to receive such physical examinations prior to or after receiving a law enforcement commission. 25 36.14. (DPS: Transfer Funds - Fleet Rotation) DELETED 26 36.15. (DPS: Transfer Funds - DMV Computer) DELETED 27 36.16. (DPS: Sale of License Information) DELETED 28 36.17. (DPS: Transfer Funds - Body Armor) DELETED 29 30 SECTION 37 - N04 - CORRECTIONS, DEPARTMENT OF 31 32 37.1. (CORR: Clothes/Transportation Upon Discharge) Whenever an inmate shall be discharged from the Department of Corrections, 33 the State Board of Corrections thereof shall furnish such inmate with a suit of common clothes, if deemed 34 necessary, and transportation from the Department of Corrections to his home, if his home be within this State, or to the County from which 35 he was sentenced if his home be without this State.
SECTION 37 - N04 - CORRECTIONS, DEPARTMENT OF PAGE 459 1 37.2. (CORR: Farm Program) Notwithstanding any provision of law to the contrary, the proceeds from the sale of all excess 2 agricultural products produced by the Farm Program of the South Carolina Department of Corrections shall be retained by that agency 3 to be utilized in the expansion and modernization of the program. 4 37.3. (CORR: Sale of Products) In addition to sales currently authorized by statute, all articles or products produced by the 5 Department of Corrections may be sold on the open market; those articles or products not provided for by statute, are sold and distributed 6 through wholesalers and jobbers within this State. 7 37.4. (CORR: Habilitation Unit for Developmentally Disabled) Notwithstanding any other provision of law to the contrary, the excess 8 revenue generated by the Adult Work Activity Center be returned to the Department of Corrections to be utilized in the expansion and 9 modernization of the Habilitation Unit for the Developmentally Disabled. 10 37.5. (CORR: Canteen Operations) Revenue derived wholly from the Canteen operations within the Department of Corrections on 11 behalf of the inmate population, may be retained and expended by the Department for the continuation of the operation of said Canteens 12 and the welfare of the inmate population. The Canteen operation is to be treated as an enterprise fund within the Department of Corrections 13 and is not to be subsidized by State Appropriated Funds. 14 37.6. (CORR: Contract for Services) Upon initiation by the South Carolina Department of Corrections, and upon prior approval by 15 the Budget and Control Board, the Department of Corrections may contract for any and all services, but such services must (1) demonstrate 16 reasonably comparable, cost-effectiveness to traditional methods of construction, (2) result in long-term operational cost-savings, (3) result 17 in the provision of a new facility of sufficient bed, program, and support space more expeditiously than traditional methods, and (4) be 18 subject to the year-to-year appropriation process of the General Assembly and state procurement procedures. 19 37.7. (CORR: Contract Performance Funded Literacy Instruction) Of funds appropriated for the Palmetto Unified School District 20 Contractual Services, $75,000 must be used for contracting with private sector education providers for performance-funded literacy 21 instruction. Contractors would be paid only for student progress on quantifiable performance measurements. 22 37.8. (CORR: E.H. Cooper Trust Fund) Notwithstanding any provision of law to the contrary, the Commissioner of the Department 23 of Corrections, at his discretion, may utilize interest generated from the fund created by interest which accrued to the E.H. Cooper Trust 24 Fund and was retained by the Department of Corrections in prior years. The Commissioner may use these funds for special projects 25 benefitting the general welfare of all inmates in the custody of the Board of Corrections. 26 37.9. (CORR: Work Release Program Transportation Fee) The Department is authorized to charge a one dollar ($1.00) per day 27 transportation fee to participants in the work release program. 28 37.10. (CORR: Instructional Salaries) The certified instructional personnel of the Department of Corrections shall receive a percentage 29 increase in their annual salary for the current fiscal year equal to the percentage allocated to the instructional personnel throughout the 30 State. 31 37.11. (CORR: Recreational Scoreboards and Bleachers) The recreational scoreboards and bleachers determined to be surplus by the 32 South Carolina Department of Corrections may be donated by the Department to the school district in which the donating institution is 33 located. In the event the school district does not have need for such equipment, it may then be offered to any school district within the 34 county in which the institution is located. 35 37.12. (CORR: Funding Through State Criminal Assistance Program) All funds received by the State from the United States
SECTION 37 - N04 - CORRECTIONS, DEPARTMENT OF PAGE 460 1 Department of Justice, State Criminal Alien Assistance Program, for care and custody of illegal aliens housed in the state correctional 2 facilities shall be retained by the South Carolina Department of Corrections to offset incurred expenses. 3 37.13. (CORR: Medical Expenses) The Department of Corrections shall be authorized to charge inmates for any medical treatment 4 or consultation provided at the request of or initiated by the inmate. Inmates shall not be charged for psychological or mental health visits. 5 37.14. (CORR: Surplus Farm Produce) The Department of Corrections shall be authorized to sell surplus farm produce, with any funds 6 generated to be utilized by the Department to offset costs of the farming operation. 7 37.15. (CORR: Remedial Education Funding) A criminal offender committed to the custody of the Department of Corrections, who 8 has been evaluated to function at less than an eighth grade educational level, or less than the equivalent of an eighth grade educational level, 9 may be required by Department officials to enroll and actively participate in academic education programs. Funds appropriated to the 10 Department of Corrections for educational programs shall be prioritized to assure such remedial services are provided. 11 37.16. (CORR: Tire Retreading Program Restriction) The tire retreading program at the Lieber Correctional Institution shall be limited 12 to the marketing and sale of retreads to only state governmental entities. 13 37.17. (CORR: Site Selection) In determining the site for the construction of new correctional facilities in the state, the Department 14 of Corrections shall give more weight to factors such as economically depressed areas and areas with high unemployment rates. The 15 consideration of these factors shall be done in conjunction with the General Assembly and the Department of Commerce. Any such neglect 16 to consider these factors in the prescribed way will result in beginning the site selection process for the new facility again. 17 37.18. (CORR: Social Security Administration Funding) All funds received by the S.C. Department of Corrections from the Social 18 Security Administration under Section 1611 (e)(1)(I) of the Social Security Act, which provides payment for information regarding 19 incarcerated Social Security Insurance recipients, shall be retained by the S.C. Department of Corrections and credited to the E.H. Cooper 20 Trust Fund for the care and custody of inmates housed in the state correctional facilities. 21 22 SECTION 38 - N08 - PROBATION, PAROLE AND PARDON, DEPARTMENT OF 23 24 38.1. (DPPP: Hearing Fee) The Department of Probation, Parole and Pardon Services shall receive a hearing fee under a plan 25 approved by the Budget and Control Board. 26 38.2. (DPPP: Electronic Monitoring Fee Assessment) Every person placed on electronic monitoring shall be assessed a fee to be 27 determined by the Department in accordance with SC Code §24-21-80, so long as he remains in the electronic monitoring program. The 28 payment of the fee must be a condition of parole or probation and a delinquency of two months or more in making payments may operate 29 as a revocation. All fees generated by this assessment shall be retained by the department to support the electronic monitoring program 30 and carried forward for the same purpose. 31 38.3. (DPPP: Electronic Monitoring Program) Of the funds appropriated to the Department of Probation, Parole and Pardon Services 32 for community corrections, other operating expenses, the Department may expend up to $1,333,333 for the expansion of existing 33 community electronic monitoring of criminal offenders under the jurisdiction of the Department. In addition, before September 1, 1996, 34 the Department shall develop and submit a plan to the Senate Corrections and Penology Committee and the House Judiciary Committee 35 identifying additional offender populations to be placed on electronic monitoring and any necessary statutory revisions or additional
SECTION 38 - N08 - PROBATION, PAROLE AND PARDON, DEPARTMENT OF PAGE 461 1 funding required in order to fully implement this plan. Offenders placed on electronic monitoring must be selected pursuant to criteria 2 developed by the Department, and no offenders may be placed on electronic monitoring unless the offender is in a population that is within 3 the purview of the Department's electronic monitoring authority. 4 5 SECTION 39 - N12 - JUVENILE JUSTICE, DEPARTMENT OF 6 7 39.1. (DJJ: Meal Ticket Revenue) The revenue generated from sale of meal tickets by the Department of Juvenile Justice shall be 8 retained and carried forward into the current fiscal year by the agency and expended for the operation of the agency's cafeterias and food 9 service programs. 10 39.2. (DJJ: Interstate Compact/Juvenile Restitution Programs Revenue) The revenue returned to the Interstate Compact Program and 11 the revenue returned from the Juvenile Restitution Program shall be retained and carried forward into the current fiscal year by the Agency 12 and expended for the Operation of the respective program areas. 13 39.3. (DJJ: Educational Funds Audit) Notwithstanding the provisions of the Education Finance Act, the South Carolina Department 14 of Juvenile Justice shall have its educational funds audited by the Office of the State Auditor pursuant to a schedule established by the State 15 Auditor, and said audit shall be sufficient to satisfy the timetable for audits required in Regulation 43175. 16 39.4. (DJJ: Children's Projects Revenue) Funds generated from the projects undertaken by children under the supervision of the 17 Department of Juvenile Justice may be retained by the Department and utilized for the benefit of those children. Such funds may be carried 18 forward into the following fiscal year. 19 39.5. (DJJ: Report on Children Detained Before Adjudication) The South Carolina Department of Juvenile Justice shall compile data 20 for one year following the effective date of an Act of 1990 passed pursuant to Senate Bill 1485, and that data must reflect the total number 21 of children detained before adjudication, the reasons for those detentions, the average length of those detentions, the percentage of children 22 needing treatment services, and the types of treatment services needed including, but not limited to, the number of children needing mental 23 health services and the number of children needing alcohol and drug abuse treatment. This data must be reported on a quarterly basis to 24 the Joint Legislative Committee on Children. 25 39.6. (DJJ: Revenues Generated) All revenues generated from USDA federal grants, the Education Finance Act (EFA), the Detention 26 Center, and Medicaid federal funding may be retained, carried forward into current fiscal year, and expended by the Department of Juvenile 27 Justice, in accordance with applicable regulations, for the costs associated with these programs. 28 39.7. (DJJ: Instructional Salaries) The certified instructional personnel of the Department of Juvenile Justice shall receive a percentage 29 increase in their annual salary for the current fiscal year equal to the percentage allocated to the instructional personnel throughout the 30 State. 31 39.8. (DJJ: Juvenile Justice Parole Board Compensation) The Department is authorized to pay the Juvenile Justice Parole Board 32 member up to $200 per day for services rendered to the agency in the performance of their official duties. The total amount of agency 33 funds which can be utilized in this manner cannot exceed $48,000 per year. 34 39.9. (DJJ: Electronic Monitoring Program) Of the funds appropriated to the Department of Juvenile Justice for community 35 corrections, other operating expenses, the Department may expend up to $666,667 for the creation of community electronic monitoring
SECTION 39 - N12 - JUVENILE JUSTICE, DEPARTMENT OF PAGE 462 1 of juvenile offenders under the jurisdiction of the Department. In addition, before September 1, 1996, the Department shall develop and 2 submit a plan to the Senate Corrections and Penology Committee and the House Judiciary Committee identifying additional offender 3 populations to be placed on electronic monitoring and any necessary statutory revisions or additional funding required in order to fully 4 implement this plan. Offenders placed on electronic monitoring must be selected pursuant to criteria developed by the Department, and 5 no offenders may be placed on electronic monitoring unless the offender is in a population that is within the purview of the Department's 6 electronic monitoring authority. 7 8 SECTION 40 - L36 - HUMAN AFFAIRS COMMISSION 9 10 40.1. (HAC: Sale of Publication) Up to $4,000 in All revenue derived from the sale of `The Blueprint' may be retained and expended 11 for the purpose of conducting future Human Affairs Forums. Any remaining balance may be expended for the same purpose. 12 40.2. (HAC: Human Affairs Forum Carry Forward) Revenue derived from donations and registration fees received for attendance 13 at the Human Affairs Forum may be retained and carried forward into the current fiscal year and expended for the purpose of conducting 14 future Human Affairs Forums. 15 40.3. (HAC: Training Revenue) The Human Affairs Commission may recoup and retain expenses incurred while providing training 16 and technical assistance; reimbursement derived may be used for general operations during the fiscal year. Charges may not exceed the 17 cost of the program. 18 40.4. (HAC: Additional EEOC Funds) For the current fiscal year, the Human Affairs Commission must refund additional funds 19 received from EEOC in excess of the annual contractual agreement to the General Fund. 20 21 SECTION 41 - L46 - MINORITY AFFAIRS, COMMISSION ON 22 23 41.1. (CMA: Private Contributions and Sponsorship) Monies derived from private sources for agency research, forums, training and 24 institutes may be retained and expended by the Commission for the said purpose. Any remaining balance may be carried forward and 25 expended for the same purpose. 26 41.2. (CMA: Carry Forward Registration Fees) Revenue derived from registration fees received from training and institutes may be 27 retained and carried forward for the purpose of conducting future training and institutes. 28 41.3. (CMA: Carry Forward Grant Awards) Revenues pooled from public and private sources for the purpose of awarding grants to 29 address problems in the minority community may be retained and carried forward by the Commission. 30 31 SECTION 42 - R04 - PUBLIC SERVICE COMMISSION 32 33 42.1. (PSC: Assessment Certification) The Public Service Commission shall certify to the Department of Revenue and Taxation the 34 amounts to be assessed to cover appropriations in this section as follows: (1) the amount applicable to the assessment on public utility, 35 telephone utility, radio common carrier and electric utility companies as provided for by Section 58-3-100, Code of Laws of 1976, (2) the
SECTION 42 - R04 - PUBLIC SERVICE COMMISSION PAGE 463 1 amount to be assessed against gas utility companies as provided for in Section 58-5-940, Code of Laws of 1976, (3) the amount to be 2 assessed against electric light and power companies as provided for in Sections 58-3-100 and 58-27-50, Code of Laws of 1976, and (4) 3 the amount to be covered by revenue from motor transport fees as provided for by Section 58-23-630, and other fees as set forth in Section 4 58-3-100, Code of Laws of 1976. The amount to be assessed against railroad companies shall consist of all expenses related to the 5 operations of the Railway subprogram of the Agency's Transportation Division, to include the related distribution of salary increments 6 and employer contributions not reflected in the related subprogram of this Act as set forth in Section 58-3-100, Code of Laws of 1976. 7 42.2. (PSC: Indirect Cost) The assessment certification prepared for the Department of Revenue and Taxation shall include an 8 allocation of indirect cost as approved by the Budget and Control Board representing the Public Service Commission's proportionate share 9 of the cost of central State government. 10 42.3. (PSC: Transportation Fee Refund) The Motor Transport Division Transportation Department of the Public Service Commission 11 is hereby authorized to make refunds of fees which were erroneously collected. 12 42.4. (PSC: Certification Assessment for Commission Expenses) The Public Service Commission shall make such certification as 13 required under Section 58-3-100, Code of Laws of 1976. 14 42.5. (PSC: Attorneys Appointment) The three attorneys provided for in this section under Program I "Administration" shall be 15 appointed by the Commission with the approval of the Attorney General and be assigned to the Commission. 16 42.6. (PSC: Maximum Salary Limit) The salaries of the chairman and the commissioners as provided in this section shall not be 17 construed as limiting the maximum salary which may be paid to other employees of the Public Service Commission. 18 42.7. (PSC: Transfer Dual Party Relay Fund-State Government) DELETED 19 42.8. (PSC: Transfer Dual Party Relay Fund-Local Entities) DELETED 20 42.9. (PSC: Transfer Dual Party Relay Fund-General Fund) Beginning July 1, 1998, from the funds in Subfund 4129 named Dual 21 Party Relay, the Commission shall transfer $3,000,000 to the General Fund. This transfer is for Fiscal Year 1998-99 only. 22 23 SECTION 43 - R08 - WORKERS' COMPENSATION COMMISSION 24 25 43.1. (WCC: Physicians & Surgeons Schedule of Fees Revenue) All revenue earned from the sale of the Commission's publication 26 Schedule of Fees for Physicians and Surgeons shall be retained by the agency to be used for the printing and distribution of subsequent 27 revised editions of the schedule. 28 43.2. (WCC: Educational Seminar Revenue) Beginning in FY 94-95, all revenue earned from educational seminars shall be retained 29 by the agency to be used for the printing of educational materials and other expenses related to conducting the seminar. 30 31 SECTION 44 - R12 - ACCIDENT FUND, STATE 32 33 44.1. (SAF: Medical Claims Penalty Clause) Medical claims against the State Accident Fund shall not be subject to the 30 day penalty 34 clause as set forth in Section 17 of Act 148 of 1981 as amended by Part II, Section 9, of Act 466 of 1982, until such claims are approved 35 by the Workers' Compensation Commission and received by the Fund.
SECTION 44 - R12 - ACCIDENT FUND, STATE PAGE 464 1 44.2. (SAF: Volunteer Fire/Rescue Squads Coverage) Notwithstanding any other provision of law, voluntary firemen of organized 2 volunteer fire units and members of organized volunteer rescue squads are covered under workers' compensation by the county governing 3 body unless the governing body of the county opts out of the coverage. 4 44.3. (SAF: Educational Seminar Revenue) The State Accident Fund is authorized to set and collect fees for educational seminars. 5 All revenue earned from educational seminars shall be retained by the agency and used for supplies, materials, and other expenses relating 6 to the seminars. 7 44.4. (SAF: Workers' Compensation Claims) From the funds in the Workers' Compensation Trust Fund, the State Accident Fund 8 shall purchase an annuity for the purpose of funding the future obligation for workers compensation claims filed prior to restructuring 9 by Department of Highways and Public Transportation employees. 10 44.5. (SAF: Earnings on Investment) Beginning July 1, 1998, notwithstanding any other provision of law, the State Accident Fund 11 must transfer to the General Fund $3,000,000 from the interest earned or accruing on monies in the State Accident Fund. This transfer 12 is for Fiscal Year 1998-99 only. 13 14 SECTION 47 - R20 - INSURANCE, DEPARTMENT OF 15 16 47.1. (INS: Rate Division Auto Insurers Assessment) The costs of operating the Rate Division shall be borne by insurers of 17 automobile insurance. Not later than sixty days after the effective date of this Act, the Chief Insurance Commissioner shall assess each 18 automobile insurer for its just proportion of the amount appropriated by the General Assembly herein for the operation of the Rate Division, 19 such amount to also include appropriated salary adjustments and employer contributions allocable to the Rate Division. Such assessments 20 shall be in the proportion that each insurer's preceding calendar year direct written premium for automobile insurance in this State bears 21 to the total direct written premium for all insurers of automobile insurance in this State during such preceding calendar year. For purposes 22 of this section, direct written premium shall be as reflected in the latest annual statements of automobile insurers in this State filed with 23 the Commissioner. Funds appropriated by the General Assembly for the operation of the Rate Division shall be advanced by the State 24 until the assessments levied herein are collected and deposited in the General Fund of the State. 25 47.2. (INS: Examiners Travel/Subsistence Reimbursement) Notwithstanding the limitations in this Act as to amounts payable or 26 reimbursable for lodging, meals, and travel, the Department of Insurance is authorized to reimburse Department examiners in accordance 27 with guidelines established by the National Association of Insurance Commissioners only when the State is reimbursed by an insurance 28 company for the travel and subsistence expenses of Insurance Department examiners pursuant to S. C. Code Section 38-13-10, 1976. 29 47.3. (INS: Reimbursement Carry Forward) Reimbursements received for Data Processing Services, Revenue, Miscellaneous Revenue 30 and Sale of Listings and Labels shall be retained for use by the Department. These funds may be carried forward in the current fiscal year 31 to be expended for the same purposes. The Department of Insurance is authorized to pay the annual dues, not to exceed $5,000 for the 32 South Carolina Senate and the South Carolina House of Representatives for membership in the National Council of Insurance Legislators 33 from funds collected under this proviso. 34 35
SECTION 48 - R23 - FINANCIAL INSTITUTIONS, STATE BOARD OF PAGE 465 1 48.1. (FI: Supervisory Fees) The Board of Financial Institutions shall fix supervisory fees of banks, savings and loan associations 2 and credit unions on a scale which, together with fees collected by the Consumer Finance Division will fully cover the total funds expended 3 under this section. 4 5 SECTION 49 - R28 - CONSUMER AFFAIRS, DEPARTMENT OF 6 7 49.1. (CA: Consumer Protection Code Violations Revenue) Funds, paid to the Department in settlement of cases involving violations 8 of the South Carolina Consumer Protection Code and other statutes enforced by the Department be retained and expended within the 9 agency's budget to help offset the costs of investigating, prosecuting, and the administrative costs associated with these violations, may 10 be carried forward and expended for the same purposes in the current fiscal year. 11 49.2. (CA: Student Athlete/Agents Registration) Funds received by the Department of Consumer Affairs pursuant to registrations 12 under Chapter 102 of Title 59 of the 1976 Code may be retained by the Department for its enforcement duties relating to athlete agents 13 and student athletes under that chapter. 14 49.3. (CA: Expert Witness/Assistance Carry Forward) Unexpended encumbered appropriated funds for the Consumer Advocacy 15 expert witness/assistance program (under Section 37-6-603) may be carried forward into the next fiscal year to meet contractual obligations 16 existing at June 30, and not paid by July 31. 17 18 SECTION 50 - R36 - LABOR, LICENSING AND REGULATIONS, DEPARTMENT OF 19 20 50.1. (LLR: Fire Marshal - Authorization to Charge Fees for Training) The Fire Academy of the State Fire Marshal Division may 21 charge participants a fee to cover the cost of education, training programs and operations. The revenue generated may be applied to the 22 cost of operations, and any unexpended balance may be carried forward to the current fiscal year and utilized for the same purposes. 23 50.2. (LLR: Real Estate - Research & Education Program Funds) Any funds on deposit with the State Treasurer for research and 24 education programs of the Real Estate Commission shall be remitted to the General Fund of the State. 25 50.3. (LLR: Real Estate - Research & Education Projects) All funds appropriated, in this section, for Research and Education projects 26 shall be funded wholly, out of the Real Estate Commission authorized allocation of five dollars from each annual renewal fee. All funds 27 appropriated in this section, for Research and Educational projects shall be expended for the purpose designated. 28 50.4. (LLR: Real Estate - News Publication) The South Carolina Real Estate News, published at least quarterly by the Real Estate 29 Commission, shall be exempt from Section 11-25-690, SC Code of Laws, (1976, as amended). 30 50.5. (LLR: Real Estate - Special Account) Revenue in the Real Estate Appraisal Registry account shall not be subject to fiscal year 31 limitations and shall carry forward each fiscal year for the designated purpose. 32 50.6. (LLR: S.C. Building Code Council) All funds received by the Building Codes & Regulatory Services for the S.C. Building Code 33 Council which exceed the total amount of expenditures for operating expenses of the Council shall be deposited in the General Fund of 34 the State. 35 50.7. (LLR: POLA - 110%, Other Funds) The Professional and Occupational Licensing Agencies Offices in Program "IV. II.F.
SECTION 50 - R36 - LABOR, LICENSING AND REGULATIONS, DEPARTMENT OF PAGE 466 1 Professional and Occupational Licensing Offices", within the Department of Labor, Licensing, and Regulation, must generate revenue 2 at least equal to 110% of their expenditures with 10% deposited to the General Fund must remit annually an amount equal to 10% of the 3 expenditures to the General Fund. The Contractor's Licensing Board must remit all revenues above their expenditures to the General 4 Fund, which except $100,000 which must be allocated to the College of Engineering at Clemson University for research pertaining to the 5 construction industry. The revenue remitted by the Contractor's Licensing Board to the General Fund includes the 10%. 6 50.8. (LLR: Fire Marshal Fallen Firefighters Memorial) The Department of Labor, Licensing and Regulations - Division of the State 7 Fire Marshal is authorized to erect a memorial on the South Carolina Fire Academy grounds in honor of the South Carolina Firefighters 8 who have died in the act of duty. In order to carry out the purpose of this section, the Department's State Fire and Safety Division is 9 authorized to establish a special account and accept gifts or grants of services, properties or monies from individuals or public and private 10 organizations. The Department shall cooperate with the S.C. State Fire Chiefs Association as to design, selection and construction of the 11 monument to be erected and shall be authorized to use such funds as necessary. All excess monies collected are to be placed in a fund 12 for upkeep and maintenance. Any later contributions are to be used for upkeep and maintenance. 13 14 SECTION 51 - R60 - EMPLOYMENT SECURITY COMMISSION 15 16 51.1. (ESC: Salary Level) The salaries of the Chairman, the Commissioners, and the Agency Director of the Employment Security 17 Commission shall be no less than that agreed to by the United States Department of Labor. 18 51.2. (ESC: Dept. of Revenue & Taxation Access to Report) The Employment Security Commission shall allow the Department of 19 Revenue and Taxation access to the Employer's Quarterly Report and any by-product of such report. 20 51.3. (ESC: SCOICC User Fee Carry Forward) All user fees collected by the S.C. Occupational Information Coordinating Committee 21 through the Employment Security Commission may be retained by the SCOICC to be used for the exclusive purpose of operating the S.C. 22 Occupational Information System. All user fees not expended in the prior fiscal year may be carried forward for use in the current fiscal 23 year. 24 51.4. (ESC: JTPA Prior Year Payments) The Employment Security Commission shall be allowed to pay Job Training Partnership 25 Act prior year obligations with current year funds. 26 51.5. (ESC: Unemployment Compensation Contribution Rates) (A) Notwithstanding any provision contained in Section 41-31-80 27 of the 1976 Code, with respect to the computation of the statewide reserve ratio for employer contributions to the State Unemployment 28 Compensation Fund, for the period January 1, 1998 1999 through December 31, 1998 1999, the following contribution rates apply: 29 If the resultant percentage of the employer's reserve balance divided by the annual payroll equals or exceeds 9%, then the 30 contribution rate is .54%; 31 If the resultant percentage of the employer's reserve balance divided by the annual payroll equals 8% but is less than 9%, then the 32 contribution rate is .89%; 33 If the resultant percentage of the employer's reserve balance divided by the annual payroll equals 7% but is less than 8%, then the 34 contribution rate is 1.24%; 35 If the resultant percentage of the employer's reserve balance divided by the annual payroll equals 6% but is less than 7%, then the
SECTION 51 - R60 - EMPLOYMENT SECURITY COMMISSION PAGE 467 1 contribution rate is 1.59%; 2 If the resultant percentage of the employer's reserve balance divided by the annual payroll equals 5% but is less than 6%, then the 3 contribution rate is 1.94%; 4 If the resultant percentage of the employer's reserve balance divided by the annual payroll equals 4% but is less than 5%, then the 5 contribution rate is 2.29%; 6 If the resultant percentage of the employer's reserve balance divided by the annual payroll is less than 4%, then the contribution rate 7 is 2.64%. 8 (B) All other provisions of Chapters 27 through 42, Title 41, of the 1976 Code are applicable for the period January 1, 1998 1999 9 through December 31, 1998 1999. 10 51.6. (ESC: Consortium Contracts: Training-Development Sessions and Media Services) All earmarked funds collected for the LMI - 11 Training-Development Sessions; the ALMIS LMI Training Institute; Media Services and Program Contracts through the South Carolina 12 Employment Security Commission may be retained by the agency to be used for the exclusive purpose of operating these programs. All 13 funds not expended in the prior fiscal year may be carried forward for use in the current fiscal year. 14 51.7. (ESC: Welfare-to-Work Earmarked Funds) All earmarked funds collected by SCESC in order to operate and match the Welfare- 15 to-Work Grant Funds may be retained by the agency to be used for the exclusive purpose of operating this program. All funds not 16 expended in the prior fiscal year may be carried forward for use in the current fiscal year. 17 51.8. (ESC: Coin Operated Devices - Re-Employment Services) DELETED 18 19 SECTION 53 - X50 - TRANSPORTATION, DEPARTMENT OF 20 21 53.1. (DOT: Expenditure Authority Limitation) The Department of Transportation is hereby authorized to expend all cash balances 22 brought forward from the previous year and all income including all Federal Funds, unexpended General Funds and proceeds from bond 23 sales accruing to the Department of Transportation, but in no case shall the expenditures of the Department of Transportation exceed the 24 amount of cash balances brought forward from the preceding year plus the amount of all income including Federal Funds, General Funds 25 and proceeds from bond sales. 26 53.2. (DOT: Special Fund Authorization) The Department of Transportation with the approval of the State Treasurer, is hereby 27 authorized to set up with the State Treasurer such special funds out of the Department of Transportation funds as may be deemed advisable 28 for proper accounting purposes. 29 53.3. (DOT: Secure Bonds & Insurance) The Department of Transportation is hereby authorized to secure bonds and insurance 30 covering such activities of the Department as may be deemed proper and advisable, due consideration being given to the security offered 31 and the service of claims. 32 53.4. (DOT: Statewide Cost Allocation Plan) The Department of Transportation shall pay into the General Fund of the State the sum 33 of $4,879,223 as its proportionate share of the cost of Administration of central service agencies as follows: 34 35 Statewide Cost Allocation Plan:
SECTION 53 - X50 - TRANSPORTATION, DEPARTMENT OF PAGE 468 1 Collection of Highway Revenue $ 3,069,811 2 Central Service Agency Recoveries 1,103,894 3 Other Indirect Cost Recoveries 705,518 4 5 Subtotal $ 4,879,223 6 7 The sum of $362,093 is also transferred for the support of the Highway Patrol and Motor Vehicle Licensing Division which was transferred 8 during restructuring. If fees generated by Title 56 for motor vehicle licenses exceed the BEA Fiscal Year 1996-97 forecast, the amount 9 transferred may be reduced proportionately. 10 11 Highway Fund Transfer $ 362,093 12 13 Total Remittance $5,241,316 14 15 53.5. (DOT: Benefits) Employees of the Department of Transportation shall receive equal compensation increases, health insurance 16 benefits and employee bonuses provided in this Act for employees of the State generally. The amount will be funded from Department 17 of Transportation funding sources. 18 53.6. (DOT: Document Fees) The Department of Transportation is hereby authorized to establish an appropriate schedule of fees 19 to be charged for copies of records, lists, bidder's proposals, plans, maps, etc. based upon approximate actual costs and handling costs of 20 producing such copies, lists, bidder's proposals, plans, maps, etc. 21 53.7. (DOT: Commissions Per Diem, Subsistence, Mileage) Members of the Department of Transportation Commission shall 22 receive such per diem, subsistence and mileage for each official meeting as is provided by law for members of boards, commissions and 23 committees. 24 53.8. (DOT: Employ Legal/Support Staff) The Department of Transportation shall have the authority with the approval of the 25 Attorney General to employ, within existing authorized positions, necessary legal and support staff to represent the Department in legal 26 matters, including condemnation proceedings and other litigation; such representation shall be under the jurisdiction and control of the 27 Attorney General. 28 53.9. (DOT: Contract Mass Transit System) Notwithstanding any other provision of law, the Department of Transportation is hereby 29 authorized to directly contract mass transit funds with any private operator of a mass transit system to provide service to the general public; 30 provided, that a plan of service has been established and approved by the local general purpose government which has jurisdiction for 31 the area to be served, and approved by the Department, the Transportation Commission and the federal government. 32 53.10. (DOT: Relax Design/Construction Standards Authority) In recognition of budgetary restraints, the Department of 33 Transportation, its Commission, officers and employees, are herewith granted the discretionary authority to relax design and construction 34 standards for the current fiscal year, with respect to highway projects in the secondary State highway system, and the exercise of such 35 discretionary authority to relax design and construction standards shall not give rise to any liability on the part of the Department, its
SECTION 53 - X50 - TRANSPORTATION, DEPARTMENT OF PAGE 469 1 Commission, officers and employees. 2 53.11. (DOT: Accounting Functions Transferred to Comptroller General and State Treasurer) The Department of Transportation 3 shall transfer $471,500 to the General Fund for the purpose of servicing the accounting and payroll functions of the Comptroller General's 4 Office. The Department of Transportation shall transfer $123,546 to the General Fund for servicing the functions of the State Treasurer's 5 Office. 6 53.12. (DOT: Employee Bonus) Notwithstanding any other provision of law, the Department of Transportation shall be allowed to 7 spend monies to provide selected employees a one-time lump sum bonus not to exceed $1,000, based on objective guidelines established 8 by the Budget and Control Board. This payment is not a part of the employee's base salary and is not earnable compensation for purposes 9 of employee and employer contributions to respective retirement systems. 10 53.13. (DOT: Restructuring-Maintenance Activities) The Department of Transportation shall begin restructuring operations so as 11 to reduce maintenance activities performed with Department personnel and equipment. This restructuring shall be completed no later than 12 June 30, 1998. As part of this restructuring effort, the Department shall endeavor to use private contractors for: bridge replacements; 13 surface treatment (Class A surfacing/seal coating); thermo-plastic striping; traffic signals; fencing; and guardrails whenever possible. 14 53.14. (DOT: Coordinate Transportation Funding and Resources) The Department of Transportation shall continue to carry out and 15 enhance the coordination planning and demonstration process for public transportation funding and resources established during the prior 16 fiscal year. Progress reports shall be submitted to the General Assembly at two intervals using the fiscal year--an interim progress report 17 no later than January 15, 1998, and a follow-up report of progress and plans for the upcoming year no later than May 15, 1998. The intent 18 of this proviso is to improve access and delivery of transportation services, especially in rural areas. In planning and developing 19 mechanisms for increasing coordination of funding streams and resources at both the state and local levels, the Department of 20 Transportation shall work with each agency that provides funding for transportation and assure input in the process from major local 21 providers of transportation services to the public, including current providers of coordinated public service. 22 Any agency, local government or other entity, including non-profit organizations, using state funds or state-administered federal funds 23 for the purpose of transporting private citizens on a regular basis, 1) must provide input and information as requested by the Department 24 of Transportation in a timely manner and in a format specified by the Department of Transportation in order to update data on 25 transportation resources for planning purposes and; 2) show evidence of progress toward the development of or participation in a 26 coordination plan. The Department of Corrections, the Department of Education, school districts and institutions of higher education are 27 exempt from the requirements of this section. No transportation funds may be provided to any entity not in compliance with the 28 requirements of this section. 29 53.15. (DOT: Payroll Deduction for Uniform Rental) The Department of Transportation, upon the written request of an employee, 30 shall make deduction from the employee's compensation for payments for work related uniform rental. 31 53.16. (DOT: Greenville Transit Authority) The Department of Transportation shall transfer $100,000 above the normal allocation 32 of mass transit funds to the Greenville Transit Authority. 33 34 35
SECTION 54 - A99 - LEGISLATIVE DEPARTMENT PAGE 470 1 54.1. (LEG: Legislative Employee Designations) The positions included in this section designated (P) shall denote a permanent 2 employee and the salary is an annual rate. The positions designated (T) shall denote a temporary employee and the salary is for a period 3 of six months to be paid at that rate only while the General Assembly is in session. The positions designated as (Interim) shall denote a 4 temporary employee and the salary is for a period of six months to be paid at that rate while the General Assembly is not in session. The 5 positions designated (PTT) shall denote part-time temporary employees on a twelve months basis. The positions designated (PPT) shall 6 denote permanent part-time employees retained for full-time work on a six months basis or the duration of the legislative session. 7 54.2. (LEG: House Employee Reimbursement) The Speaker of the House is authorized to reimburse travel and other expenses 8 incurred by employees of the House of Representatives for official business in accord with current rules and regulations. 9 54.3. (LEG: Approved Accounts Expenditure) The clerks of the two Houses and the Legislative Council are authorized to issue their 10 warrants on Approved Accounts for necessary extra clerical or other services upon approval of the Speaker of the House or Lieutenant 11 Governor, respectively. 12 54.4. (LEG: Legislative Employee BPI/Merit) Notwithstanding any other provision of law, legislative employees designated (P) or 13 (PPT) shall receive base pay and average merit pay in the same manner as such pay is granted to classified state employees. For purposes 14 of this proviso, "legislative employees" does not include employees of the House of Representatives. 15 54.5. (LEG: House Employees Salary Adjustments) Necessary temporary or permanent research assistants for the House of 16 Representatives shall be paid from Approved Accounts of the House upon approval of the Speaker with the advice and consent of the 17 Chairman of the standing committees. The Speaker may adjust salary levels of employees of the House, to be paid for from funds carried 18 forward from the Research Assistant Accounts. 19 54.6. (LEG: Interim Expenses Allowance) The Chairman of the Standing House and Senate Committees shall each be allowed the 20 sum of four hundred six hundred and fifty dollars for expenses during the interim, between sessions of the General Assembly, to be paid 21 from the House or Senate approved accounts, with each body paying the expense allowance of the chairman in its membership. 22 54.7. (LEG: Subsistence/Travel Regulations) Notwithstanding any other provision of law: 23 a. Members of the General Assembly shall receive subsistence expense equal to the maximum allowable by regulation of the Internal 24 Revenue Code, for the Columbia area for each legislative day that the respective body is in session and in any other instance in which a 25 member is allowed subsistence expense. No member of the General Assembly except those present are eligible for subsistence on that 26 day. Legislative day is defined as those days commencing on the regular annual convening day of the General Assembly and continuing 27 through the day of adjournment sine die, excluding Friday, Saturday, Sunday and Monday. 28 b. Standing Committees of the Senate and House of Representatives are authorized to continue work during the interim. When certified 29 by the Chairman, the members serving on such Committees shall receive a subsistence as provided in item "a." above, mileage at the rate 30 provided for by law, and the regular per diem established in this Act for members of boards, commissions, and committees while attending 31 scheduled meetings. Members may elect to receive actual expenses incurred for lodging and meals in lieu of the allowable subsistence 32 expense. The funds for allowances specified in this proviso shall be paid to the members of the Senate or House of Representatives from 33 the Approved Accounts of the respective body except as otherwise may be provided. 34 c. Joint Study Committees created pursuant to Acts and Resolutions of the General Assembly are authorized to continue work during 35 the interim to secure such information and complete such investigations as may be assigned to the respective Committees. When certified
SECTION 54 - A99 - LEGISLATIVE DEPARTMENT PAGE 471 1 by the Chairman, the members appointed to such Committees shall receive a subsistence as provided in item "a." above, mileage at the 2 rate provided for by law and the regular per diem established in this Act for members of boards, commissions, and committees while 3 attending scheduled meetings. Members may elect to receive actual expenses incurred for lodging and meals in lieu of the allowable 4 subsistence expense. The allowances specified in this proviso shall be paid from funds appropriated to the respective Committees for such 5 purposes, or from Approved Accounts of the respective body of the General Assembly if no funds have been appropriated to such a 6 Committee for these purposes. 7 d. Members of the Senate and the House of Representatives when traveling on official State business shall be allowed a subsistence 8 as provided in item "a." above, transportation expenses as provided for by law and the regular per diem established in this Act for members 9 of boards, commissions, and committees upon approval of the appropriate Chairman. When traveling on official business of the Senate 10 or the House of Representatives not directly associated with a Committee of the General Assembly, members shall be paid the same 11 allowance upon approval of the President Pro Tempore of the Senate or the Speaker of the House of Representatives. In either instance, 12 the members may elect to receive actual expenses incurred for lodging and meals in lieu of the allowable subsistence expense. The funds 13 for the allowances specified in this proviso shall be paid from the Approved Accounts of the Senate or the House of Representatives or 14 from the appropriate account of the agency, board, commission, task force or committee upon which the member serves. 15 54.8. (LEG: Expense/Compensation Vouchers) All vouchers for the payment of the expenses and/or compensation of committees 16 of the General Assembly shall be prepared by the Clerks of the two Houses. 17 54.9. (LEG: Senate Voucher Approval) All payroll vouchers disbursement vouchers, and interdepartmental transfers of the Senate 18 shall only require the approval of the Clerk of the Senate. 19 54.10. (LEG: Supplies Approval) Notwithstanding any other provision of law, all supplies for the Senate shall be purchased only upon 20 the authority of the Clerk of the Senate and all supplies for the House of Representatives shall be purchased only upon the authority of 21 the Clerk of the House. 22 54.11. (LEG: Telephone Service) The Clerks of the Senate and the House, with the approval of the Senate Operations and Management 23 Committee and the Speaker of the House, respectively, shall cause to be installed such telephone service as may be appropriate for use 24 of the membership and presiding officer of each legislative body. 25 54.12. (LEG: Research Directors Appointment) The Speaker of the House shall appoint the Executive Director of Research. The 26 Speaker, with the advice and consent of the individual committee chairman, shall appoint the Director of Research for each standing 27 committee. 28 54.13. (LEG: House Pages) One hundred forty-four Pages shall be appointed by the Speaker of the House of Representatives as 29 provided in the House Rules and they shall be available for any necessary service to the House of Representatives. 30 54.14. (LEG: Sergeant-At-Arms & Director of Security Duties) The duties of the Sergeant-at-Arms and Director of Security of the 31 respective Houses and/or Assistant Sergeant-at-Arms shall be those provided by the Code, the Rules of the respective Houses, those 32 designated by the President Pro Tempore of the Senate or the Speaker of the House, the security of personnel and property of the respective 33 Houses, and in addition the Sergeant-at-Arms and Director of Security of the respective Houses and/or Assistant Sergeant-at-Arms shall 34 meet and escort visitors in and about their respective bodies and shall, during the hours of duty, be dressed in a distinctive manner so as 35 to be easily identified as Sergeant-at-Arms and Director of Security of the respective Houses.
SECTION 54 - A99 - LEGISLATIVE DEPARTMENT PAGE 472 1 54.15. (LEG: Leg. Council Employment/Salary Adjustments) The Legislative Council is authorized to employ additional stenographic 2 or other help between sessions as the Council may deem necessary, at such salary or salaries as the Council may set, to be paid from 3 Approved Accounts. Notwithstanding any limitation or other provision of law to the contrary, the Legislative Council may adjust salaries 4 for Legislative Council personnel. Any adjustments made must be paid from funds appropriated for the Council or from the funds 5 appropriated to the Council under Section 54C for this purpose, or both. 6 54.16. (LEG: Leg. Information Systems Management) The Legislative Information Systems shall be under the direction and 7 management of a council composed of the President of the Senate, Speaker of the House, Chairman of Senate Finance Committee, 8 Chairman of House Ways and Means Committee, Chairman of the Senate Judiciary Committee and Chairman of the House Judiciary 9 Committee. 10 54.17. (LEG: Legislative Printing Management) The Office of Legislative Printing and Information Technology Resources shall 11 operate under the supervision and administrative direction of the Clerks of the respective Houses. 12 54.18. (LEG: State House Renovation) Any improvements and additions to the State House must be recommended or approved by 13 the State House Committee of the General Assembly, and that bidding, executing, and carrying out of contracts shall be in accord with 14 standing regulations and procedures for any other work of the same type applicable to agencies and institutions of State government. 15 54.19. (LEG: Senate Research Personnel Compensation) Notwithstanding any other provision of law, Senate Research personnel other 16 than Directors of Research and the committee research staff shall be paid from funds appropriated for Senate Research at the direction of 17 the Clerk of the Senate. 18 54.20. (LEG: Legislative Council Availability) Personnel employed under the provisions of Subsection 54C of this section for 19 Legislative Research shall be available upon request of the Committee Chairman to work with the standing or interim committees of the 20 Senate and the House of Representatives. 21 54.21. (LEG: Contract for Services) The Standing Committees of the Senate may, upon approval of the President Pro Tempore, 22 contract with state agencies and other entities for such projects, programs, and services as may be necessary to the work of the respective 23 committees. Any such projects, programs or services shall be paid from funds appropriated for contractual services. 24 54.22. (LEG: Jt. Leg. Committee Operational Authorization) Only the Joint Legislative Committees for which funding is provided 25 herein are authorized to continue operating during the current fiscal year under the same laws, resolutions, rules or regulations which 26 provided for their operations during the prior fiscal year. 27 54.23. (LEG: Legislative Carry Forward) In addition to the funds appropriated in this section, the funds appropriated under Sections 28 54A, 54B, 54C, 54D, and 54G for the prior fiscal year which are not expended during that fiscal year may be carried forward to be 29 expended for the same purposes in the current fiscal year. 30 54.24. (LEG: Senate Expenditures/O&M Committee) Notwithstanding any limitation or other provisions of law to the contrary, funds 31 expended by the Senate for salary adjustments, professional fees and dues and necessary expenses, supplies, and equipment for Senate 32 employees, must be paid from funds appropriated to the Senate Operations and Management Committee and funds available in approved 33 accounts of the Senate, and shall be authorized and allocated in such manner as determined by the Senate Operations and Management 34 Committee. 35 54.25. (LEG: Nurses) The State shall provide to the nurses under Subsection 54A of this section the same leave time and basic health
SECTION 54 - A99 - LEGISLATIVE DEPARTMENT PAGE 473 1 and accident insurance coverage as is provided other state employees pursuant to law. All of the amount provided in 54A for nurses shall 2 be utilized for the specified purpose. 3 54.26. (LEG: Dues) The funds provided herein for the Council of State Governments and the National Conference of State Legislatures 4 are appropriated to be paid as dues to the respective organizations and these funds shall not be transferred to any other program. 5 54.27. (LEG: Copy of Act to Counties) Notwithstanding any other provision of law, the Clerk of the House is required to send only 6 one copy of each Act to the Clerk of the Court of the various counties. 7 54.28. (LEG: In-District Compensation) All members of the General Assembly shall receive an in district compensation of $1,000 per 8 month effective January 1, 1995. 9 54.29. (LEG: Additional House Support Personnel) An amount of $150,000 is appropriated for the purpose of providing additional 10 support personnel to assist House members who are not already being furnished with direct legislative assistance in the conduct of their 11 Legislative responsibilities. This amount shall be used for staffing requirements where necessary for part time personnel. The additional 12 personnel shall be used only when the House is in regular, extended, or special session. At a member's request, the House Operations and 13 Management Committee may use any unexpended portion of a member's allotment to purchase equipment for a member's office. The 14 amount herein appropriated for additional support personnel to assist House members shall be allocated to each member on a pro-rata basis. 15 Each member may choose to expend his allocation for an individual legislative aide or may choose to combine his allocation with 16 allocations of other House members for a legislative aide to assist each of the members contributing to the expense of that aide. 17 54.30. (LEG: Per Diem) No per diem may be paid to any person from more than one source for any one calendar day. 18 54.31. (LEG: House Postage) The Speaker of the House is authorized to approve no more than $600 per member per fiscal year for 19 postage. 20 54.32. (LEG: Legislative Dual Employment) Each committee and joint legislative committee provide a list to the members of the 21 General Assembly of all employees who hold dual positions of state employment. 22 54.33. (LEG: Legislative Council Proofreaders) The Director of the Legislative Council is authorized to have the staff proofreaders 23 work one month before and one month after the session. 24 54.34. (LEG: Study Committee - Education) A joint study committee, consisting of three members of the House Ways and Means 25 Committee appointed by the Chairman of the House Ways and Means Committee, one member of the House Education and Public Works 26 Committee appointed by the Chairman of the House Education and Public Works Committee, three members of the Senate Finance 27 Committee appointed by the Chairman of the Senate Finance Committee, one member of the Senate Education Committee appointed by 28 the Chairman of the Senate Education Committee, and three members appointed by the Governor, shall study formula funding in education 29 programs. The Chairman of the Senate Finance Committee shall convene the initial meeting of the study committee. The formulas to be 30 studied include those utilized in Education Finance Act programs, the determination of the Southeastern average teacher pay, and the 31 funding of institutions of post-secondary education. The State Board of Education, the State Board for Technical and Comprehensive 32 Education, the Commission on Higher Education and any institution of post-secondary education or school district must provide the 33 committee such information as the committee requests. The first priority for committee study is the Education Finance Act including, but 34 not limited to, the base student cost, the index of taxpaying ability including specifically the impact of the emergence of totally self-reliant 35 school districts upon the formula and the annual inflation factor. The expenses of the legislative members of the study committee shall
SECTION 54 - A99 - LEGISLATIVE DEPARTMENT PAGE 474 1 be paid from the approved accounts of their respective bodies. The expenses of the gubernatorial appointees shall be absorbed within the 2 Governor's office. 3 54.35. (LEG: House/Senate Staff Outside Employment) Full-time employees of the House of Representatives and the Senate are 4 prohibited from outside employment during normal working hours, except with the permission of an employee's department head, and 5 annual leave must be taken for any approved outside employment. 6 54.36. (LEG: Guardian Ad Litem Pgm. Technology Equipment) Notwithstanding any other provision of law, or agency regulation, 7 requirement or policy to the contrary, the Guardian Ad Litem Program is authorized to procure necessary technology equipment under 8 the provisions and procedures set forth in Chapter 35 of Title 11 of the 1976 Code as amended. 9 54.37. (LEG: Dialup Facility) Upon review and approval by the Council as provided in 54.16, Legislative Information Systems is 10 authorized to charge fees for the use of its Dialup Facility and to retain, use and carry forward these funds to be used only for equipment 11 and maintenance for this Facility. 12 54.38. (LEG: Leg. Council Combined Position) The Director of the Legislative Council, with the approval of the Council, is authorized 13 to combine two or more stenographic, clerical, technical assistant, or administrative assistant positions into one with a job description for 14 the combined position to be approved by the Council, with a compensation level also approved by the Council. The appropriations or any 15 portion thereof for the positions combined into one may be used to fund the combined position. 16 54.39. (LEG: Reorganization Comm. Publications Carry Forward) The State Reorganization Commission shall provide a copy of all 17 publications to each member of the General Assembly, the Governor, and the Lieutenant Governor. The Commission may also provide 18 a copy of publications to state agency directors. The Commission may charge, for additional copies, and other requests for publications, 19 an amount to cover the cost of printing and expenses of postage and shipping of publications. Revenue generated may be retained and 20 expended by the Commission to reimburse it for the printing of its publications and to pay the expenses of postage and shipping. Any 21 remaining balance in the sale of publications account may be carried forward and expended for the same purpose. 22 54.40. (LEG: Sales Tax on Copies of Legislation) No sales tax is required to be charged or paid on copies of or access to legislation 23 or other informational documents provided to the general public or any other person by a legislative agency when a charge for these copies 24 is made reflecting the agency's cost thereof. Funds received as revenue from the sale of materials or as reimbursements for the cost of 25 providing certain supplies or services or refunds must be remitted to the State Treasurer as collected, but in no event later than twelve (12) 26 working days from the date of the receipt of any such funds. 27 54.41. (LEG: House Postage/Telephone Allocation) Any member of the House who has not used all of his annual allocation for postage 28 or all of his annual allocation for telephone expenses may use the remaining funds in one category in the other category during that year. 29 54.42. (LEG: House Personnel BPI/Merit/Bonus Compensation) Notwithstanding any limitation or other provisions of law to the 30 contrary, the Speaker shall authorize and allocate any base pay increase, merit pay or bonus among House staff in the manner that the 31 Speaker determines after consultation with the Operations and Management Committee and the Chairmen of the standing committees of 32 the House. 33 54.43. (LEG: General Assembly Exemption) Notwithstanding any other provision of law or regulation, or any limitation or provision 34 contained in this act, each branch of the General Assembly is exempt from any provision which requires the approval of the Budget and 35 Control Board or any other executive branch agency for the expenditure, management or transfer of any authorized appropriations.
SECTION 56DD - D21 - GOVERNOR'S OFFICE PAGE 475 1 54.44. (LEG: State House Renovation Schedule) The State House Committee is authorized, beginning in July 1994 to establish 2 schedules for the completion of the State House Renovation project by January 1, 1997. General Services must submit to the State House 3 Committee, schedules that will accomplish these time frames. The General Assembly will relocate to the Carolina Plaza for the 1996 and 4 1997 sessions. Work should begin at such time so as to ensure the readiness of the Carolina Plaza for the 1996 and 1997 sessions of the 5 General Assembly. Upon the approval of these schedules by that Committee all current tenants of the State House will be relocated to 6 other space within the Capital Complex area. Reassignment of space by the State House Committee must be completed prior to the 7 completion of the State House Renovation project. 8 54.45. (LEG: House Ethics Committee) The House of Representatives Legislative Ethics Committee shall deposit revenues from 9 penalties assessed by the committee and copying of documents into the General Fund. 10 54.46. (LEG: Prohibit General Assembly Compensation - Felony Conviction) No member of the General Assembly who has been 11 convicted of a felony under state or federal law or who has pled guilty or nolo contendere to these offenses may receive compensation or 12 reimbursable expenses provided for members of the General Assembly in this act. However, this item does not apply to a person who has 13 been pardoned under state or federal law of the disqualifying felony. 14 54.47. (LEG: Reorganization Commission Carry Forward Transfer) Of the funds carried forward from FY 96-97, the State 15 Reorganization Commission shall transfer $43,750 to the Legislative Audit Council. 16 54.48. (LEG: Joint Legislative Committee on Aging Expenses) Members of the Joint Legislative Committee on Aging shall receive 17 mileage, per diem and subsistence as provided by law for members of boards, committees and commissions. Expenses of the committee, 18 including operating expenses, shall be paid by the annual appropriation in the Appropriation Act for the House of Representatives and 19 shall not exceed $2,000. 20 54.49. (LEG: Transfer Reorganization Commission to Senate and House) DELETED 21 22 SECTION 55 - C05 - ADMINISTRATIVE LAW JUDGE DIVISION 23 24 55.1. (ALJ: Copying Costs Revenue Deposit) The Administrative Law Judge Division shall retain and expend, for the same purpose 25 for which it is generated, all revenue received during the current fiscal year as payment for printing and distributing copies of court rules 26 and other agency documents. 27 55.2 (ALJ: County Office Space for Judges) Every county shall provide for each Administrative Law Judge residing therein, upon their 28 request, an office within the existing physical facilities if space is available, to include all utilities and a private telephone. The request 29 shall only be made provided that the judge's residence is not within fifty miles of the official headquarters of the agency by which the 30 Administrative Law Judge is employed. 31 32 SECTION 56DD - D21 - GOVERNOR'S OFFICE 33 34 56DD.1. (GOV: OEPP - Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, in 56C of this 35 Section "Implementing Federal Programs" may be carried forward to the current fiscal year and used for matching committed and/or
SECTION 56DD - D21 - GOVERNOR'S OFFICE PAGE 476 1 unanticipated Grant Funds. 2 56DD.2. (GOV: OEPP - Mining Council Carry Forward) Any unexpended balance on June 30, of the prior fiscal year of funds, not 3 to exceed $2,000, appropriated under Section 56C I Special Items: Mining Council may be carried forward and expended for this same 4 purpose in the current fiscal year. 5 56DD.3. (GOV: OEPP - Developmental Disabilities Program) The South Carolina Developmental Disabilities Program of the Office 6 of the Governor, Office of Executive Policy and Programs is authorized to provide aid to sub-grantees for projects and services to benefit 7 persons with developmental disabilities. The intent of this provision is not to duplicate other State Agency programs which are considered 8 the legal and programmatic mandate of existing State agencies, but rather to fill gaps that exist in the state service delivery system related 9 to his target population as identified and addressed in the Developmental Disabilities State Plan. 10 56DD.4. (GOV: OEPP - Development Disabilities Case Coordination System) $112,559, less any pro rata share adjustment of any 11 mandated base budget reduction, of the sums appropriated under OEPP, Allocations to Other State Agencies must be for the South Carolina 12 Development Disabilities Case Coordination System. 13 56DD.5. (GOV: OEPP - CCRS Evaluations & Placements) The amount appropriated in this Section under Special Items Children's 14 Case Resolution System for Private Placement of Handicapped School-Age Children must be used for expenses incurred in the evaluation 15 of children referred to the CCRS to facilitate appropriate placement and to pay up to forty percent when placement is made in-state and 16 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 17 of state and local funds generated by the Education Finance Act, and the one per pupil share of applicable federal funds; provided it has 18 been established that all other possible public placements are exhausted or inappropriate. The balance of funding responsibility necessary 19 to provide the child with services must be determined by the Children's Case Resolution System (CCRS) and apportioned among the 20 appropriate public agencies on the basis of the reasons for the private placement. When the amount appropriated in this section is 21 exhausted, the funding responsibility must be apportioned according to the procedures of the CCRS. 22 56DD.6. (GOV: SLED - Special Account Carry Forward) Funds awarded to the State Law Enforcement Division by either court order 23 or from donations or contributions shall be deposited in a special account with the State Treasurer, and shall be carried forward from year 24 to year, and withdrawn from the Treasurer as needed to fulfill the purposes and conditions of the said order, donations or contributions, 25 if specified, and if not specified, as may be directed by the Chief of the State Law Enforcement Division. Funds expended from the special 26 account must be annually reported by October 1st to the Senate Finance Committee and the Ways and Means Committee. 27 56DD.7. (GOV: SLED - Computer/Communications Center Carry Forward) Revenue generated from the operation of the Division's 28 criminal justice computer/communications center and not expended during the prior fiscal year may be carried forward and expended for 29 the same purpose during the current fiscal year. 30 56DD.8. (GOV: SLED - Criminal Record Search Fee) The State Law Enforcement Division is hereby authorized to charge, collect 31 and carry forward a fee, not to exceed $25 each, for criminal record searches conducted pursuant to Regulations contained in Chapter 73, 32 Article 3, Subarticle 1 of the Code of State Regulations. Any such fees shall be retained and used for agency operations. 33 56DD.9. (GOV: SLED - Revenue Carry Forward) Notwithstanding any other provision of law, all revenue generated by SLED from 34 the sale of vehicles, various equipment, gasoline and insurance claims during the prior fiscal year may be retained carried forward and 35 expended for the purpose of purchasing like items.
SECTION 56DD - D21 - GOVERNOR'S OFFICE PAGE 477 1 56DD.10. (GOV: SLED - Agents Operations Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, in 2 subsection 56B of the Section "Agents Operations" may be carried forward and expended for the same purpose in the current fiscal year. 3 56DD.11. (GOV: OEPP - CCRS Significant Fiscal Impact) In accordance with Section 20-7-5240 (e) of the 1976 Code, "significant 4 fiscal impact" in the current fiscal year shall be defined for each designated agency as the greater of (1) funds appropriated by the General 5 Assembly for the current fiscal year on cases referred to, decided or placed through the Children's Case Resolution System or (2) that 6 agency's assigned shares in the current fiscal year of five cases decided by the Children's Case Resolution System. 7 56DD.12. (GOV: SLED - Match for Federal Grants Carry Forward) State appropriations to SLED that are required to provide match 8 for federal grant programs in the prior fiscal year may be carried forward into the current fiscal year and expended for the same purpose 9 as originally appropriated. 10 56DD.13. (GOV: SLED-Night Telephone Operators Accommodations) The State Law Enforcement Division is hereby authorized 11 to provide accommodations/utility service without any charge to night telephone operators. 12 56DD.14. (GOV: SLED - Clothing Allowance) The State Law Enforcement Division is hereby authorized to provide agents and 13 criminalists with an annual clothing allowance (on a pro rata basis) not to exceed $400 $600 per agent/criminalist for required clothing 14 used in the line of duty. 15 56DD.15. (GOV: SLED - Witness Fee) The State Law Enforcement Division is hereby authorized to charge a witness fee of $100.00 16 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 17 shall be charged in addition to any court prescribed payment due as compensation or reimbursement for judicial appearances and deposited 18 into a designated revenue account. 19 56DD.16. (GOV: Governor's Office Budget) All other provisions of law notwithstanding, the Office of Executive Policy and Programs 20 section, the Executive Control of State section and Mansion and Grounds section shall be treated as a single budget section for the purpose 21 of transfers and budget reconciliation. 22 56DD.17. (GOV: SLED - RAID Team) Membership of the Retaliation Against Illegal Drugs (RAID) Team and all expenses thereto 23 shall be comprised only of law enforcement agents of the State Law Enforcement Division. 24 56DD.18. (GOV: Victim Advocate Policy Committee) The policy committee appointed pursuant to Section 79.3 of the 1988-89 25 General Appropriations Act is hereby continued for the purpose of monitoring the implementation of the guidelines developed by it, 26 making such revisions as appear appropriate, assisting and advising the director in development and revision of forms, information and 27 criteria used to evaluate compliance with the guidelines by victim advocate programs in solicitor's offices. 28 The information gathered from these programs shall be aggregated by the director into the annual report of the agency which is 29 submitted to the Governor, Speaker of the House of Representatives and the President of the Senate. 30 56DD.19. (GOV: Victim Assistance Programs) It is the intent of the General Assembly that the amounts appropriated in this section 31 for victim assistance programs in solicitors' offices shall be in addition to any amounts presently being provided by the county for these 32 services and may not be used to supplant funding already allocated for such services. Any reduction by any county in funding for victim 33 assistance programs in solicitors' offices shall result in a corresponding decrease of state funds provided to the solicitors' office in that 34 county for victim assistance services. Each solicitor's office shall submit an annual financial and programmatic report which describes 35 the use of these funds. The report shall be submitted to the Governor, the Attorney General, the Chairman of the Senate Finance
SECTION 56DD - D21 - GOVERNOR'S OFFICE PAGE 478 1 Committee and the Chairman of the House Ways and Means Committee on October 1, for the preceding fiscal year. 2 56DD.20. (GOV: Establish Victim/Witness Program) The funds appropriated in this section for Victim/Witness Program must be 3 equally divided among the judicial circuits, less any adjustments made for budget reductions. The funds for each circuit must be distributed 4 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 5 which shall provide, but not be limited to, the following services: 6 (1) Make available to victims/witnesses information concerning their cases from filing in general sessions court through disposition. 7 (2) Keep the victim/witness informed of his rights and support his right to protection from intimidation. 8 (3) Inform victims/witnesses of and make appropriate referrals to available services such as medical, social, counseling, and victims' 9 compensation services. 10 (4) Assist in the preparation of victims/witnesses for court. 11 (5) Provide assistance and support to the families or survivors of victims where appropriate. 12 (6) Provide any other necessary support services to victims/witnesses such as contact with employers or creditors. 13 (7) Promote public awareness of the program and services available for crime victims. 14 The funds may not be used for other victim-related services until the above functions are provided in an adequate manner. 15 56DD.21. (GOV: Victim/Witness Program Formula Distribution) If funds in the South Carolina Victims' Compensation Fund exceed 16 the amount required to operate the State Office of Victims Assistance and pay claims of crime victims the first $650,000 of such excess 17 must be used for Victim/Witness Programs by distribution to Judicial Circuits based on a formula and criteria developed by the Policy 18 Committee, and otherwise subject to requirements of Section 56DD.19 and 56DD.21. 19 56DD.22. (GOV: Physical Abuse Examinations) Of the funds appropriated in this section for Victims' Rights, up to $60,000 may be 20 expended for physical abuse examinations. 21 56DD.23. (GOV: SLED-ABC Enforcement-Confiscated Alcoholic Beverage Revenue) The State Law Enforcement Division is 22 directed to maintain adequate records accounting for the receipt of funds from the sale of confiscated alcoholic beverages. Such revenue 23 shall be deposited to the credit of the General Fund of the State after deducting the cost of confiscation and sale. 24 56DD.24. (GOV: Veterans' Affairs-Aid to Counties) In the allocation of the appropriation in this section as adjusted for "Aid to 25 Counties--Operation of County Office," each county shall receive an effective annual amount equal to 100% of the amount allocated to 26 it for the prior fiscal year plus an amount equivalent to base pay increases for state employees, less any adjustments made for budget 27 reductions. 28 56DD.25. (GOV: Continuum of Care - Carry Forward) The Division of Continuum of Care may carry forward funds appropriated 29 herein to continue services. 30 56DD.26. (GOV: Division of Women - Donations & Contributions) The Division of Women is authorized to accept donations and 31 contributions to provide services as authorized by state law. Such funds are to be deposited in a special account with the State Treasurer 32 and shall be carried forward from year to year, and withdrawn from the Treasurer as needed to fulfill the purposes and conditions of the 33 said donations or contributions, if specified, and if not specified, as may be approved by the Division of Women. State appropriations will 34 not supplement those services funded by donations or contributions. 35 56DD.27. (GOV: Division of Women - Revenue Carry Forward) The Division of Women may retain funds received from luncheon
SECTION 56DD - D21 - GOVERNOR'S OFFICE PAGE 479 1 fees and souvenir sales for general operating expenses. Any unexpended revenue from these sources may be carried forward into the 2 current fiscal year to be expended for the same purposes. 3 56DD.28. (GOV: Foster Care - Reduction in Funds Separation) In recognition of the fact that the funds appropriated for the Division 4 of Foster Care contain both funds appropriated for use by the Division Review System and "pass through" funds designated for use by 5 the South Carolina Protection and Advocacy for the Handicapped, any reduction in funds appropriated for either shall be calculated based 6 upon the separate funds for the respective entities rather than based upon the combined budget of the two organizations. 7 56DD.29. (GOV: Foster Care - Private Foster Care Reviews) The Division of Foster Care is authorized to restructure its programs, 8 including but not limited to, suspending reviews of children privately placed in private foster care and/or changing the location of reviews 9 of children in public foster care, to maintain continuous operations within existing resources as dictated by recent budget reductions. These 10 decisions must be based upon the availability of existing funds. This provision supersedes any previous statutory or regulatory mandate. 11 56DD.30. (GOV: Foster Care - Medicaid Eligible Children) It is the intent of the General Assembly to ensure that placements of 12 emotionally disturbed Medicaid eligible individuals under the age of twenty-one in residential therapeutic treatment are appropriate and 13 that the level of care provided each child is offered in the least restrictive environment appropriate to meet the child's treatment needs. 14 The statutory powers and functions of the Division of Foster Care are expanded to develop, implement, and manage a quality assurance 15 review system under contract with the Department of Health and Human Services. This paragraph supersedes any previous statutory or 16 regulatory mandate. 17 56DD.31. (GOV: OEPP - Federal, Other Flow Through Funds) In order to complete projects begun in a prior fiscal year, the 18 Governor's Office is authorized to expend Federal and Earmarked Funds in the current fiscal year for expenses incurred in the prior fiscal 19 year. 20 56DD.32. (GOV: SLED - Concealed Weapon Permit) The State Law Enforcement Division shall collect, retain and carry forward 21 all fees associated with the Concealed Weapon Permit program. 22 56DD.33. (GOV: Div. on Veteran's Affairs - Veteran's Roster) The funds appropriated to the Division of Veteran's Affairs as "Special 23 Item-Veteran's Roster" must be used in accordance with Part II, SECTION 73 of Act 164 of 1993, for the preparation, printing, and 24 publication of a complete roster of all South Carolina soldiers, sailors, marines, airmen, and all other military personnel who entered the 25 services of the United States in the Korean Conflict, the Vietnam Conflict, and Operation Desert Storm. 26 56DD.34. (GOV: SLED - Vehicle Theft Unit) The funds expended for the operation of the Vehicle Theft Unit authorized in item 4 27 of Section 56B of Part IA may be used to inspect a junkyard, scrap metal processing facility, salvage yard, repair shop, licensed business 28 buying, selling, displaying, or trading new and used motor vehicles or parts of motor vehicles, parking lots, and public garages, or a person 29 dealing with salvaged motor vehicles or parts of them. 30 The physical inspection must be conducted while an employee or owner is present and must be for the purpose of locating stolen motor 31 vehicles or investigating titling or registration of motor vehicles wrecked or dismantled. 32 56DD.35 (GOV: SLED - Commissioned Officers' Physicals) The Department is authorized to pay for the cost of physical 33 examinations for department personnel who are required to receive such physical examinations prior to receiving a law enforcement 34 commission. 35
SECTION 58 - E08 - SECRETARY OF STATE'S OFFICE PAGE 480 1 58.1. (SS: Records Fee/Computer & Telephone Equipment) The Secretary of State may establish and collect fees not to exceed 2 the actual cost of searching for or making copies of records. Such records shall be furnished at the lowest possible cost to the person 3 requesting the records. The Agency may retain these funds for the purposes of purchasing and maintaining computer and telephone 4 facsimile equipment and rent. The Agency may charge a reasonable hourly rate for making records available to the public and require 5 a reasonable deposit of such costs prior to searching for or making copies of the records. 6 58.2. (SS: Insufficient Check Recovery Fines/Retention and Carry Forward) The Secretary of State may establish, collect and 7 retain fines to recover the costs associated with the collection of dishonored checks returned to this Agency due to insufficient funds. Such 8 funds shall be retained and expended by this Agency in accordance with this purpose and any unused amount shall be carried forward. 9 58.3. (SS: Retained Revenue) DELETED 10 11 SECTION 59 - E12 - COMPTROLLER GENERAL'S OFFICE 12 13 59.1. (CG: Signature Authorization) The Comptroller General is hereby authorized to designate certain employees to sign, in his 14 stead, warrants drawn against the State Treasurer and the State Treasurer is hereby authorized to accept such signatures when notified by 15 the Comptroller General. This provision shall in no way relieve the Comptroller General of responsibility. 16 59.2. (CG: GAAP Implementation & Refinement) It is the intent of the General Assembly to oversee the conversion of the 17 financial statements issued for the State of South Carolina and these financial statements shall be in conformance with Generally Accepted 18 Accounting Principles (GAAP) by the earliest possible date. To this end, the Comptroller General is directed, as the State Accounting 19 Officer, to proceed with the implementation and refinement of the Statewide Accounting and Reporting System (STARS) so as to develop 20 a reporting system that will result in the preparation of the official financial reports for the State of South Carolina by the State Accounting 21 Officer in conformance with Generally Accepted Accounting Principles (GAAP). The Comptroller General, as the State Accounting 22 Officer, is given full power and authority to issue accounting policy directives to State agencies in order to comply with Generally 23 Accepted Accounting Principles. The Comptroller General is also given full authority to conduct surveys, acquire consulting services, 24 and implement new procedures required to fully implement Generally Accepted Accounting Principles under the oversight of the General 25 Assembly. 26 59.3. (CG: Out-of-State Promotional Activities Expenses) The Comptroller General may approve warrants for the payment of 27 expenses for out-of-state promotional activities only when, in his opinion, such expenses are related to economic development in South 28 Carolina. 29 59.4. (CG: Payroll Deduction Processing Fee) There shall be a fee for processing payroll deductions, not to exceed 5 cents, for 30 insurance plans, credit unions, deferred compensation plans and professional associations per deduction per pay day. Proceeds shall be 31 remitted to the General Fund of the State. This fee shall not be applied to charitable deductions. 32 59.5. (CG: Lump Sum Agencies GAAP Implementation) The Comptroller General's Office, in conjunction with lump sum 33 agencies, is hereby directed to implement appropriate accounting procedures to consolidate accounts where necessary for proper accounting 34 and thereby facilitate financial reporting in accordance with Generally Accepted Accounting Principles. 35 59.6. (CG: EDI/EFT Pilot Project) The Comptroller General shall establish and coordinate a pilot project to provide the capability
SECTION 59 - E12 - COMPTROLLER GENERAL'S OFFICE PAGE 481 1 for agencies to process vendor invoices and vendor payments through Electronic Data Interchange (EDI) or Electronic Funds Transfer 2 (EFT). 3 4 SECTION 60 - E16 - TREASURER'S OFFICE, STATE 5 6 60.1. (TREAS: Nat'l. Forest Fund - Local Govt. Compliance) In order to conform to federal requirements local governments 7 receiving distributions of National Forest Fund revenues are required to report annually to the State Treasurer indicating compliance with 8 authorized purposes. 9 60.2. (TREAS: STARS Approval) Decisions relating to the Statewide Accounting and Reporting System (STARS) which involve 10 the State Treasurer's Banking Operations and other functions of the State Treasurer's Office shall require the approval of the State 11 Treasurer. 12 60.3. (TREAS: Investments) The State Treasurer may pool funds from accounts for investment purposes and may invest all 13 monies in the same types of investments as set forth in Sections 11-9-660. and 11-9-661. 14 60.4. (TREAS: General Reserve Fund Transfer) The State Treasurer's Office is authorized to transfer $3,373,537 $7,269,750 of 15 General Funds to the General Reserve Fund on July 1, 1997 1998, to comply with Article III, Section 36 of the Constitution. This amount 16 of General Funds must be replaced as the first priority of any FY 1996-97 1997-98 surplus. 17 60.5. (TREAS: Management Fees) The State Treasurer is authorized to charge a fee for the operating and management costs 18 associated with the Local Government Investment Pool, and the Deferred Compensation Program, and is further authorized to retain and 19 expend the fees to provide these services. The fees assessed may not exceed the cost of the provision of such services. 20 21 SECTION 61 - E24 - ADJUTANT GENERAL'S OFFICE 22 23 61.1. (ADJ: Tuition Assistance Program) Funds received from students who failed to enroll or withdraw from programs under 24 the Tuition Assistance Program may be deposited in the Tuition Assistance Program Appropriation Account and expended for the same 25 purpose as the original appropriation. 26 61.2. (ADJ: Unit Maintenance Funds) Notwithstanding any other provision of law, the funds appropriated as unit maintenance 27 funds shall be distributed to the various National Guard units at the direction of the Adjutant General. 28 61.3. (ADJ: Revenue Collections) All revenues collected by National Guard units from county and city appropriations, vending 29 machines, rental of armories, court martial fines, federal reimbursements to armories for telephone expenses, and other collections be 30 retained and expended in its budgeted operations. 31 61.4. (ADJ: Rental Fee for Election Purposes) The maximum fee that an armory may charge for the use of its premises for election 32 purposes shall be the cost of providing custodial services, utilities and maintenance. 33 61.5. (ADJ: Parking Lot Revenues) Notwithstanding other provisions of this Act, as a security measure for the State Military 34 Department's headquarters building and grounds, the Adjutant General may control and contractually lease the headquarter's building 35 parking facilities, during events at the University of South Carolina's Williams-Brice Stadium, to a state chartered and federally recognized
SECTION 61 - E24 - ADJUTANT GENERAL'S OFFICE PAGE 482 1 501(c)(4) tax exempt agency employees' association who may then sub-lease individual parking spaces. Such a contract must require the 2 employees association to obtain liability insurance against wrongful death or injury. The contract must clearly hold the Adjutant General's 3 Office, its officers, and the State of South Carolina harmless from any liability resulting from the use of the parking lot when rented by 4 the employees association. In addition, the contract must specify that the State of South Carolina's Military Department shall receive no 5 less than thirty-three percent of the gross profits from the sub-leasing of the parking spaces. The contract must allow the State to audit 6 the employees association's funds. Funds at the Adjutant General's Office derived wholly from the rental of Adjutant General's 7 headquarters' parking lot may be retained at the Adjutant General's Office, but may not be used for employee perquisites. 8 61.6. (ADJ: State Guard Uniforms) Any element of the Militia of this State may be uniformed in such surplus uniforms as may 9 be made available to this State, except that the insignia of the United States shall be removed and for it shall be substituted distinctive 10 insignia of the State of South Carolina. 11 61.7. (ADJ: Armory Rental Program) The Adjutant General is authorized to develop and implement an armory rental program 12 to recoup costs associated with the use of armories by state agencies or other non-Guard organizations. The rental program must be 13 uniform in its application to the maximum extent possible. Funds generated by this program may be retained and expended for armory 14 maintenance and operations. 15 61.8. (ADJ: Emergency Preparedness) Of the funds appropriated in the amount of $473,500 to the Adjutant General for 16 Emergency Preparedness due to the potential loss of Federal Funds, in the event that the Federal Funds are received appropriated funds 17 shall lapse to the General Fund. 18 61.9. (ADJ: Meals in Emergency Operations Centers) The cost of meals may be provided to state employees who are required 19 to work at the State Emergency Operations Centers during actual emergencies and emergency simulation exercises when they are not 20 permitted to leave their stations. 21 61.10. (ADJ: Educational Seminar Revenue) All revenue earned from educational seminars shall be retained by the agency to be 22 used for the printing of materials and other expenses related to conducting the seminars. The balance of funds shall be reported annually 23 to the General Assembly. 24 25 SECTION 62 - E28 - ELECTION COMMISSION, STATE 26 27 62.1. (ELECT: County Registration Board and County Election Commission Compensation) The amounts appropriated in this 28 section for "County Registration Board Members and County Election Commissioners," shall be disbursed annually to the County 29 Treasurer at the rate of $1,000 for each member, not to exceed $10,000 per county. The County Treasurer shall use these funds only for 30 the compensation of County Registration Board Members and County Election Commissioners. Any funds not used for this purpose shall 31 be returned to the State Treasurer. These funds are exempted from mandated budget reductions. In addition, in the calculation of any 32 across the board agency base reductions mandated by the Budget and Control Board or the General Assembly, the amount of funds 33 appropriated for compensation of County Registration Board Members and County Election Commissioners shall be excluded from the 34 agency's base budget. 35 62.2. (ELECT: Elections Managers & Clerks Per Diem) Managers and clerks of state and county elections shall receive a per
SECTION 62 - E28 - ELECTION COMMISSION, STATE PAGE 483 1 diem of $35.00; but managers shall not be paid for more than two days for any election and clerks for not more than three days for any 2 election. The Commission may adjust the per diem of $35.00 for the managers and clerks of the statewide election to a higher level only 3 to the extent that the appropriation for the statewide election is sufficient to bear the added cost of increasing the per diem and the cost 4 of the statewide election. 5 62.3. (ELECT: Board of State Canvassers Compensation) $100.00 additional compensation per day may be paid to each member 6 of the Board of State Canvassers up to a total of 15 days that may be required for hearings held by the members of the Board of State 7 Canvassers. 8 62.4. (ELECT: Sale of Lists Revenue Carry Forward) Any revenue generated from the sale of election lists may be retained and 9 expended by the South Carolina Election Commission to reimburse the State Budget and Control Board, Division of Operations, for the 10 printing of such lists and to pay expenses of postage and shipment of these lists to electors who purchase them. After such reimbursement 11 has been made an amount, not to exceed $220,000, shall be used for non-recurring expenses in conjunction with Act 248 of 1991, the 12 Ethics, Government Accountability, and Campaign Reform Act and in conjunction with extraordinary special election and legal costs. 13 Any balance in the Sale of Lists Account on June 30, of the prior fiscal year may be carried forward and expended for the same purposes 14 during the current fiscal year. 15 62.5. (ELECT: Budget Reduction Exemption) Funds appropriated for non-recurring general and primary election expenses are 16 exempted from mandated across the board reductions. In addition, in the calculation of any across the board agency base reductions 17 mandated by the Budget and Control Board or the General Assembly, the amount of funds appropriated for non-recurring primary and 18 general election expenses shall be excluded from the agency's base budget. 19 62.6. (ELECT: Primary Election Carry Forward) Filing Fees received from candidates filing to run in statewide or special primary 20 elections may be retained and expended by the State Election Commission to pay for the conduct of primary elections. Any balance in 21 the filing fee accounts on June 30, of the prior fiscal year may be carried forward and expended for the same purposes during the current 22 fiscal year. In addition, any balance in the Primary Election Accounts on June 30, of the prior fiscal year may be carried forward and 23 expended for the same purposes during the current fiscal year. 24 62.7. (ELECT: Automated Voting Systems Carry Forward) Funds provided to the agency as state match for purchasing automated 25 voting systems shall be carried forward to be expended for the same purposes in the current fiscal year. Of the funds carried forward by 26 the agency, $280,000 must be allocated to Orangeburg County as the county's state match for purchasing an automated voting system. 27 62.8. (ELECT: Training & Certification Program) All members and staff of County Boards of Voter Registration and County 28 Election Commissions will receive a common curriculum to include core courses on the duties and responsibilities of county registration 29 boards and county election commissions and electives to promote quality service and professional development. Up to $35,000 of revenue 30 generated by charging a fee to attend these courses may be retained and expended by the South Carolina Election Commission to help 31 cover the cost of providing the training. Any balance in the training and certification account on June 30, of the prior fiscal year may be 32 carried forward and expended for the same purpose during the current fiscal year. 33 62.9. (ELECT: General Election Carry Forward) Up to $200,000 in funds appropriated for the 1996 General Election may be 34 carried forward and used to help defray the costs of conducting the November 1997 Special Elections for the State Senate and the State 35 House of Representatives. Any remaining funds may be carried forward and used to help defray the costs of conducting the 1998 General
SECTION 62 - E28 - ELECTION COMMISSION, STATE PAGE 484 1 Election and to help in the purchase of Automated Count Absentee Voting Systems on a match basis not to exceed a total of $261,800. 2 3 SECTION 63A - F05 - BUDGET AND CONTROL BOARD, 4 EXECUTIVE DIRECTOR, DIVISION OF 5 6 63A.1. (BCB/DED: BA - Civil Contingent Fund - Disbursements) Warrant requisitions for the disbursement of funds appropriated 7 in this Section shall be approved by the respective division heads. The Civil Contingent Fund, appropriated in Subsection 63A of this 8 Section shall be expended only upon unanimous approval of the State Budget and Control Board, and upon warrant requisitions signed 9 as directed by the State Budget and Control Board, to meet emergency and contingent expense of the State Government. None of the Civil 10 Contingent Fund shall be used to increase the salary of any State employee. 11 63A.2. (BCB/DED: BA - Total Quality Management) It is the intent of the General Assembly to adequately train the State's work 12 force to enable agencies to achieve their missions and to serve their customers. The Executive Director of the Budget and Control Board 13 will be responsible for coordinating the quality training effort for state government agency heads, managers, and employees for the purpose 14 of strategic planning, leadership skills, team facilitator, supervision and customer service training. All employees initially undergoing Total 15 Quality Management training will receive a common curriculum, to include the philosophy, teamwork training and problem solving 16 techniques of Total Quality Management. As the training functions progress, organizational plans for using the Total Quality Management 17 process will be drawn up and reviewed with agency heads, with action teams subsequently being formed for improvements. Recognition 18 of all progress made will be consistently given. Funds shall be used to identify state agencies that are in direct contact with the public and 19 provide training that will ensure employees courteously and effectively meet taxpayers' needs. The funds provided for quality training 20 shall not be transferred to any other program or used for any other purpose. Funds allocated for this purpose not expended in the prior 21 fiscal year may be carried forward to be expended in the current fiscal year. The State Director of Total Quality Management is responsible 22 for the development of a Quality Program based on criteria used for the Malcolm Baldridge National Quality Award. State agency heads 23 should ensure that groups formed to develop solutions to administrative and managerial problems will be selected to secure appropriate 24 employee involvement and trained fully in quality improvement tools and techniques. 25 63A.3. (BCB/DED: BA - Brandenburg Coordination Committee) Of the $50,000 appropriated in this section for the Brandenburg 26 Coordination Committee, funds are to be spent in support of cultural, educational, agricultural, scientific, governmental or business 27 exchanges and agreements between South Carolina and the sister state of Brandenburg, Germany and related German interests. The 28 Executive Director of the Budget and Control Board will submit an annual report to the Governor, the Chairmen of the Senate Finance 29 Committee and the House Ways & Means Committee detailing such activities. 30 63A.4. (BCB/DED: BA - Accounting System Analysis-Interagency Study Committee) In consultation with the Governor, the 31 Chairman of the Senate Finance Committee and the Chairman of the Ways and Means Committee, the Executive Director of the Budget 32 and Control Board is authorized to appoint interagency study committees to explore innovative solutions to administrative or managerial 33 problems which are deemed to be system-wide in their impact. The committees will be fully trained in quality management problem- 34 solving techniques and strategies. Funds appropriated for purposes of fostering innovation in the Fiscal Year 1993-94 Supplemental 35 Appropriation for the Office of Executive Director, Budget and Control Board, Accounting System Analysis which are unexpended in
SECTION 63A - F05 - BUDGET AND CONTROL BOARD, EXECUTIVE DIRECTOR, DIVISION OF PAGE 485 1 the preceding fiscal year may be carried forward to be used in the current fiscal year for the same purpose. 2 63A.5. (BCB/DED: BA - Computer Services Consolidation Year 2000 Date Change) It is the intent of the General Assembly to 3 consolidate management of computing services and computer support services under the Budget and Control Board. The Executive 4 Director of the Budget and Control Board shall develop a long-term strategic plan to accomplish this consolidation and to centralize all 5 State Data Centers. The Executive Director of the Budget and Control Board, in consultation with the Governor, Chairman of the Senate 6 Finance Committee and the Chairman of the Ways and Means Committee, is authorized to implement the Data Center Consolidation Plan 7 as presented to and approved by the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means 8 Committee on January 15, 1997. The plan is structured in phases with a final implementation date no later than July 2001. All agencies 9 affected by this plan are required to comply with the directives and mandates inherent in this planning document and must transfer any 10 needed fixed assets, staff and associated FTEs to the Budget and Control Board at such time as they are requested. The Legislature, 11 Judiciary, higher education institutions and technical education institutions are exempt from this proviso. An annual progress report The 12 Board will report annually on the implementation of the plan shall be submitted to the Governor and the Chairmen of the Senate Finance 13 and House Ways and Means Committees. The report will address all revisions to the Data Center Consolidation Plan dated January 1997, 14 and all transfers of fixed assets, staff and associated FTEs from state agencies to the Budget and Control Board. The report must include, 15 but is not limited to, any capital projects as well as revised cost/savings analyses of the single new data center compared to the existing 16 system structure. In addition, in recognition of the Budget and Control Board's support for collaborative planning and coordination of 17 state information technology resources, the Executive Director will assess the need for the creation of the positions of Chief Technology 18 Officer and Chief Information Officer. Such recommendations will be presented to the Governor, the Chairman of the Senate Finance 19 Committee and the Chairman of the House Ways and Means Committee by January 15, 1999, and prior to the creation of any such 20 position. 21 Further, it is the intent of the General Assembly to address the issue of century date compliance on a statewide basis to ensure the 22 integrity of the state's information technology platforms and all of their associated data and operations into and beyond the year 2000. 23 The Executive Director of the Budget and Control Board is directed to coordinate the assessment of century date compliance across state 24 agencies, and to develop a plan of action to ensure that all elements of state government are in full century date compliance. All agencies 25 are hereby directed to cooperate with all requests relating to the development of this assessment and plan. As part of the effort, the Board 26 may enter any contractual arrangements it may deem appropriate for the purposes of determining the scope of the "Year 2000 Date 27 Change" problem at the state level. The Board will provide an initial report as to the status of this undertaking and any proposed 28 legislative action to the Senate Finance and Ways and Means Committees no later than January 15, 1999. Nothing herein will be 29 construed as precluding any government agency or unit from proceeding with its own approach to Year 2000 date compliance. 30 63A.6. (BCB/DED: BA - EFA Litigation Carry Forward) Any unexpended balance from the funds authorized and/or appropriated 31 for EFA litigation in previous fiscal years shall be carried forward to be expended in the same manner and for the same purposes in the 32 current fiscal year. 33 63A.7. (BCB/DED: BA - Year 2000 Date Change) It is the intent of the General Assembly to address the issue of century date 34 compliance on a statewide basis to ensure the integrity of the state's information technology platforms and all of their associated data and
SECTION 63A - F05 - BUDGET AND CONTROL BOARD, EXECUTIVE DIRECTOR, DIVISION OF PAGE 486 1 operations into and beyond the year 2000. The Executive Director of the Budget and Control Board is directed to coordinate the 2 assessment of century date compliance across state agencies, and to develop a plan of action to ensure that all elements of state government 3 are in full century date compliance. All agencies are hereby directed to cooperate with all requests relating to the development of this 4 assessment and plan. As part of the effort, the Board may enter any contractual arrangements it may deem appropriate for the purposes 5 of determining the scope of the "Year 2000 Date Change" problem at the state level. The Board will provide an initial report as to the 6 status of this undertaking and any proposed legislative action to the Senate Finance and Ways and Means Committees no later than January 7 15, 1998. Nothing herein will be construed as precluding any government agency or unit from proceeding with its own approach to Year 8 2000 date compliance. 9 10 SECTION 63B - F07 - BUDGET AND CONTROL BOARD, 11 OPERATIONS, DIVISION OF 12 13 63B.1. (BCB/DO: OGS - Procurement of Art Objects) Before any governmental body, with the exception of the South Carolina 14 Museum Commission, as defined under the South Carolina Consolidated Procurement Code procures any art objects such as paintings, 15 antiques, sculptures, or similar objects above $1,000, the head of the Purchasing Agency shall prepare a written determination specifying 16 the need for such objects and benefits to the State. The South Carolina Arts Commission shall review such determination for approval 17 prior to any acquisition. 18 63B.2. (BCB/DO: OGS - Real Property - Sale/Leaseback/ Repurchase Revenue Account) In order to ensure the stability of any 19 sale/leaseback and repurchase option agreement entered into by the State for any piece of real property, the Budget and Control Board is 20 directed to establish a separate and distinct account for the deposit of the net proceeds of the sale or net annual charges derived from any 21 such property. Any funds held in such separate and distinct accounts shall only be used for the purpose of repurchasing the property and/or 22 the establishment of a reserve fund as outlined in the contract documents for the property, until such time as the Agreements on the 23 property are fulfilled. It is the intention of the General Assembly to appropriate sufficient funds on an annual basis to enable the Budget 24 and Control Board to meet the required lease payments and other necessary expenditures associated with any sale/leaseback agreement 25 involving real property. 26 63B.3. (BCB/DO: OGS - Fleet Management Program) It is the intent of the General Assembly that the Division of Operations 27 establish a cost allocation plan to recover the cost of operating the comprehensive statewide Fleet Management Program. The Division 28 shall collect, retain and carry forward funds to ensure continuous administration of the program. 29 63B.4. (BCB/DO: OGS - Surplus Property Exemption) The Division of Operations and law enforcement agencies may retain the 30 proceeds from the sale of surplus property for fleet replacement less the cost of disposition incurred by the Division of Operations. 31 63B.5. (BCB/DO: OIS - State Health Plan Contribution) When devising a plan for the method and schedule of payment for the 32 employer and employee share of contributions for Plan Year 1999, the Budget and Control Board shall not increase the contribution rates 33 nor decrease benefits for State Health Plan participants. 34 63B.6. (BCB/DO: OGS - State House Operation & Maintenance Account) Of the funds appropriated in the Budget and Control
SECTION 63B - F07 - BUDGET AND CONTROL BOARD, OPERATIONS, DIVISION OF PAGE 487 1 Board - General Services, $957,339 must be set aside in a separate account for the operation and maintenance of the State House. The 2 Budget and Control Board shall report annually to the State House Committee on the amount expended from this fund. 3 63B.7. (BCB: OGS -Computerized Solicitations) The General Assembly directs that all state agencies, institutions, colleges and 4 universities governed by the provisions of Chapter 35 of Title 11 of the 1976 Code must publish and distribute all invitations for bids, 5 requests for proposals, requests for competitive sealed proposals, competitive sealed bids and competitive best value bids through an 6 Internet accessible list serve system, e-mail system, or other Internet accessible electronic system. The distribution system must be 7 established and maintained by the Materials Management Office of the Budget and Control Board. Subject to Chapter 35 of Title 11 of 8 the 1976 Code, except for Sections 11-35-1560 and 11-35-1570, the Budget and Control Board may contract for the implementation of 9 this service from funds available to the Board. This service must be made available to all state agencies and the Board may not charge 10 agencies a fee for this service. Provided further, contracts for amounts of ten thousand dollars or less are exempt from the provisions of 11 this section. 12 63B.8. (BCB/DO: OIS - Insurance Reserve Fund Claim Payment) The Budget and Control Board, Office of Insurance Services, is 13 hereby directed to adhere to the Supreme Court ruling in the Knoke v. South Carolina Department of Parks, Recreation, and Tourism case 14 by completing payment for the claim filed. Funds in the amount of $750,000 will be provided from the Insurance Reserve Fund in full and 15 final payment (accord and satisfaction) in return for a complete release. Prior to these funds being released to the attorney for settlement 16 of this case, a statement of complete satisfaction must be signed by the parties concerned. 17 63B.9. (BCB/DO: OIS - Local Health Providers Insurance) The Department of Disabilities and Special Needs, the Department of 18 Alcohol and Other Drug Abuse Services, and the Department of Health and Human Services shall reimburse their local health providers 19 for the cost of any employer contribution increase associated with the state health insurance plan for calendar year 1999. 20 21 SECTION 63C - F09 - BUDGET AND CONTROL BOARD, 22 BUDGET & ANALYSES, DIVISION OF 23 24 63C.1. (BCB/DBA: OSB - Agencies Affected by Restructuring) The Budget and Control Board is directed to work with affected 25 State agencies in order to phase-in operations of restructured organizations during Fiscal Year 1997-98. Restructured organizations should 26 be operating entirely under the revised structure not later than June 30, 1998. The Board is further directed to work with the affected 27 agencies in order to identify and facilitate the transfer of any portion of their operations, including transfer of funds, during Fiscal Year 28 1997-98, which is affected by the restructured organization adopted by the General Assembly, but which has not already been 29 accomplished herein. Until sufficient changes can be made to the State's accounting system and the appointment of appropriate agency 30 heads, the Comptroller General and the State Treasurer shall allow those agencies affected by restructuring to continue processing 31 documents within the account structure existing on June 30, 1997. Restructured agencies shall make all the necessary accounting 32 adjustments to complete the transition to the new account structure as soon as possible, but no later than June 30, 1998. 33 63C.2. (BCB/DBA: OHR - Compensation - Agency Head Salary) Notwithstanding any other provision of law in the event of an 34 agency head vacancy, the governing board of the agency or the Governor, must have the prior favorable recommendation of the Agency
SECTION 63C - F09 - BUDGET AND CONTROL BOARD, BUDGET & ANALYSES, DIVISION OF PAGE 488 1 Head Salary Commission to set, discuss or offer a salary for the agency head at a rate that exceeds the minimum of the range established 2 by the Agency Head Salary Commission. The Budget & Control Board shall have final approval authority for agency head salaries. 3 Boards and Commissions of newly created agencies shall not offer a salary to a prospective agency head until a salary range has been 4 established and the salary approved by the Agency Head Salary Commission. The funding for such purpose should come from resources 5 within the agency. The Budget & Control Board shall contract for a study of agency head compensation during the current year. The 6 cost of the study must be shared by the participating agencies. The Agency Head Salary Commission shall recommend to the Budget & 7 Control Board salary increases for agency heads. No agency head shall be paid less than the minimum of the salary pay range nor receive 8 an increase that would have the effect of raising the salary above the maximum of the pay range. Funding shall must be provided for an 9 amount equivalent to the pay increase for all classified employees. Any remaining increases recommended by the Agency Head Salary 10 Commission shall be funded from the individual agency budget. All increases shall be effective on or after October January 1, of the 11 current fiscal year. 12 In the event of a Technical College President vacancy, the appointing authority must have prior favorable recommendation of the 13 Agency Head Salary Commission to set, discuss or offer a salary for Technical College Presidents at a rate that exceeds the midpoint of 14 the salary range. The Budget & Control Board shall have final approval authority for these salaries. 15 63C.3. (BCB/DBA: OHR - Compensation - Reporting of Supplemental Salaries) No supplement shall be paid to an agency's 16 employee unless the agency head or designated official of the employing agency has approved the conditions and amount of salary 17 supplement. Any compensation, excluding travel reimbursement, from an affiliated public charity, foundation, clinical faculty practice 18 plan, or other public source or any supplement from a private source to the salary appropriated for a state employee and fixed by the State 19 must be reported by the employee employing agency to the Division of Budget and Analyses of the Budget and Control Board. The report 20 must include the amount, source, and any condition of the supplement. Any change in the amount, source, or condition must be reported 21 to the division by the employee. The employing agency must report this information on or before August 31 of each year and must include 22 the total amount and source of the salary supplement received by the employee during the preceding fiscal year (July 1 through June 30). 23 The Office of Human Resources of the B&C Board shall formulate policies and procedures to ensure compliance with the provisions of 24 this proviso. 25 63C.4. (BCB/DBA: OHR - Vacancy Report/Appropriations for Compensation/Quarterly Allocations) In providing in this Act for 26 compensation of state employees, the General Assembly recognizes that a continuing minimum number of position vacancies among state 27 agencies is inevitable and that the full amount appropriated for employee compensation will not likely be required. In order to provide 28 for efficient administration and use of such appropriations, the Budget and Control Board is authorized to require such periodic reports 29 from agencies as will reflect actual compensation requirements during the course of the year and to allot to agencies on a quarterly basis 30 such amounts of appropriations for compensation as may be necessary to meet actual requirements only. 31 63C.5. (BCB/DBA: OHR - Employment Rights Affected by Restructuring) Provided, that all State employees affected by the 32 restructuring of State agencies shall retain all present employment rights. Employees who are transferred or reassigned as a result of 33 restructuring who had attained permanent status as provided in the State Employee Grievance Procedure Act of 1982, as amended, shall 34 retain such rights. Employees in positions not covered by the State Employee Grievance Procedure Act of 1982, as amended, who would
SECTION 63C - F09 - BUDGET AND CONTROL BOARD, BUDGET & ANALYSES, DIVISION OF PAGE 489 1 occupy positions subject to the Act after restructuring and who have more than six months service as a State employee shall have grievance 2 rights under the Act. 3 63C.6. (BCB/DBA: OHR - Agency Head Salaries Affected by Restructuring) The salaries of Agency Directors affected by 4 restructuring will be reviewed by the Division of Budget and Analyses of the Budget and Control Board. The review by the Division of 5 Budget and Analyses will be submitted to the Agency Head Salary Commission and the Budget and Control Board. The Agency Head 6 Salary Commission shall recommend to the Budget and Control Board any salary adjustments deemed appropriate for approval. 7 63C.7. (BCB/DBA: OHR - Compensation - Increase Eligibility) Statewide elected officials, constitutional officers, temporary 8 positions, whether full or part-time, and agency heads, shall not be eligible for any compensation increases as provided in this Act unless 9 otherwise specified in this Act. 10 63C.8. (BCB/DBA: BEA - Membership, Compensation, Duties) Notwithstanding the provisions of 11-9-820 of the 1976 Code, the 11 Board of Economic Advisors shall consist of the following members: 12 (1) one member, appointed by the Governor, who shall serve as chairman and shall receive the sum of $10,000 annually; 13 (2) one member appointed by the Chairman of the Senate Finance Committee who shall receive the sum of $8,000 annually; 14 (3) One member appointed by the Chairman of the Ways and Means Committee of the House of Representatives who shall receive 15 the sum of $8,000 annually; 16 (4) Director of the Department of Revenue and Taxation, ex officio with no voting rights. 17 The appointed members shall serve at the pleasure of their appointors. The Chairman of the Board of Economic Advisors shall report 18 directly to the Budget and Control Board to establish policy governing economic trend analysis. The Board of Economic Advisors shall 19 provide for its staffing and administrative support from funds appropriated by the General Assembly. 20 The Executive Director of the Budget and Control Board shall assist the Governor, Chairman of the Board of Economic Advisors, 21 Chairman of the Senate Finance Committee, and Chairman of the Ways and Means Committee of the House of Representatives in 22 providing an effective system for compiling and maintaining current and reliable economic data. The Board of Economic Advisors is 23 considered a public body under the provisions of Section 30-4-20(a) of the 1976 Code. The Board of Economic Advisors may establish 24 an advisory board to assist in carrying out its duties and responsibilities. All state agencies, departments, institutions and divisions shall 25 provide such information and data as the board may require. 26 63C.9. (BCB/DBA: BEA - Mid-Year Budget Reductions & Restricting the Rate of Expenditures) Any appropriations made herein 27 or by special act now or hereafter, are hereby declared to be maximum, conditional and proportionate, the purpose being to authorize 28 expenditures not to exceed the amounts named herein, if necessary, but only in the event the aggregate revenues available during the period 29 for which the appropriations are made are sufficient to pay them in full. The State Budget and Control Board is directed to survey the 30 progress of the collection of revenue and the expenditure of funds by all agencies, departments and institutions. If the Budget and Control 31 Board determines that a year-end aggregate deficit may occur by virtue of a projected shortfall fall in anticipated revenues, it shall utilize 32 such funds as may be available and required to be used to avoid a year end deficit and thereafter take such action as necessary to restrict 33 the rate of expenditure of all agencies consistent with the provisions of this section. No institution, activity, program, item, special 34 appropriation, or allocation for which the General Assembly has provided funding in any part of this Act shall be discontinued, deleted,
SECTION 63C - F09 - BUDGET AND CONTROL BOARD, BUDGET & ANALYSES, DIVISION OF PAGE 490 1 or deferred by the Budget and Control Board. Any reduction of rate of expenditure by the Board, under authority of this Act, shall be 2 applied as uniformly as may be practicable except that no reduction shall be applied to funds encumbered by a written contract with an 3 agency not connected with the State Government. No such reduction shall be ordered by the State Budget and Control Board while the 4 General Assembly is in session without first reporting such necessity to the General Assembly and the General Assembly has taken no 5 action to prevent the reduction within five statewide session days of formal written notification. 6 As far as practicable all departments, institutions, and agencies of the State are hereby directed to budget and allocate appropriations 7 as quarterly allocation so as to provide for operation on uniform standards throughout the fiscal year and in order to avoid an operating 8 deficit for the fiscal year. It should be recognized that academic year calendars of state institutions will affect the uniformity of the receipt 9 and distribution of funds during the years. The Comptroller General or the Office of State Budget shall make such reports to the Budget 10 and Control Board as they deem advisable on any agency which is expending authorized appropriations at a rate which predicts or projects 11 a general fund deficit for the agency. The Budget and Control Board is authorized and directed to require any such agency, institutions 12 or department to file a quarterly allocations plan and is further authorized to restrict the rate of expenditures of the agency, institution or 13 department if the Board determines that a deficit may occur. It is the responsibility of any such agency to develop a plan, in consultation 14 with the Budget and Control Board, that eliminates or reduces a deficit. Should the Budget and Control Board make a finding that the 15 cause of and likelihood of a deficit is unavoidable due to factors which are wholly outside of an agency's control, then the Board may 16 determine that the recognition of an agency deficit is appropriate and shall notify the General Assembly of such action or the presiding 17 officer of the House and Senate if the General Assembly is not in session. Upon receipt of such notification from the Budget and Control 18 Board, the General Assembly may authorize supplemental appropriations from any surplus revenues which existed at the close of the 19 previous fiscal year. If the General Assembly fails to take action, then the finding of the Budget and Control Board shall stand, and the 20 actual deficit at close of the fiscal year shall be reduced as necessary from surplus revenues or surplus funds available at the close of the 21 fiscal year in which the deficit occurs and from funds available in the Capital Reserve Fund and General Reserve Fund, as required by the 22 Constitution. If the Budget and Control Board finds that the likelihood and cause of a deficit is the result of agency management, then 23 the bond of State officials responsible for management of the agency involved shall be held liable therefor and the Board shall notify the 24 Agency Head Salary Commission of such finding. In the case of a finding that a projected deficit is the result of the management of the 25 agency, the Budget and Control Board shall take immediate steps to curtail agency expenditures in such a manner so as to bring 26 expenditures in line with authorized appropriations and avoid a year end operating deficit. 27 63C.10. (BCB/DBA: OHR - Compensation Increase - Appropriated Funds Ratio) Appropriated funds may be used for compensation 28 increases for classified and unclassified employees and agency heads only in the same ratio that the employee's base salary is paid from 29 appropriated sources. 30 63C.11. (BCB/DBA: OHR - Vacant Positions) In the event that any permanent position in an agency remains vacant for more than 31 one year the position may be deleted by the Budget and Control Board. 32 63C.12. (BCB/DBA: OHR - Employee Pay) Except as provided in paragraph 8, the The amounts appropriated to the Budget and 33 Control Board for Employee Pay Increases must be allocated by the Board to the various state agencies to provide for employees pay 34 increases in accordance with the following plan:
SECTION 63C - F09 - BUDGET AND CONTROL BOARD, BUDGET & ANALYSES, DIVISION OF PAGE 491 1 1. With respect to classified employees, effective on the first pay date that occurs on or after July 1 of the current fiscal year, the 2 compensation of all classified employees shall be increased by 2.5%. 3 2. With respect to unclassified employees or unclassified executive compensation system employees not elsewhere covered in this Act, 4 effective on the first pay date that occurs on or after July 1 of the current fiscal year, each agency is authorized to allot the total funds for 5 compensation increases among individual employees without uniformity. The funds provided for compensation increases for any 6 employees subject to the provisions of this paragraph are based on an annual average 2.5% increase. All of the salaries are subject to the 7 provisions of Section 72.29 of Part IB of this Act and Office of Human Resources' approval must be obtained before any employees subject 8 to the provisions of this paragraph may be granted an annual pay increase in excess of the guidelines established by the Budget & Control 9 Board. Any employee subject to the provisions of this paragraph shall not be eligible for compensation increases provided in paragraphs 10 1, 3, 4, 5, 6 or 7. 11 3. With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary Commission shall 12 recommend to the Budget and Control Board salary increases for agency heads. Agency head increases shall be effective on the first pay 13 date that occurs on or after July 1of the current fiscal year. No agency head shall be paid less than the minimum of the pay increase range 14 nor receive a salary increase that would have the effect of raising the salary above the maximum of the pay range. 15 4. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, agency heads not covered by the Agency Head 16 Salary Commission, shall receive an annualized base pay increase of 2.5%. 17 5. With respect to local health care providers, the funds provided for compensation increases shall be based on an annual average 2.5% 18 increase, effective on the first pay date that occurs on or after July 1 of the current fiscal year. 19 6. Effective on the first pay date that occurs on or after July 1of the current fiscal year, the Chief Justice and other judicial officers shall 20 receive a base pay increase of 2.5%. 21 7. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, the compensation of judicial employees not 22 elsewhere covered in this act shall be increased by 2.5%. 23 8. In the case of cabinet agencies, the compensation increases provided in paragraphs 1 through 5 apply, but no funds are appropriated 24 for the purpose of paying these increases. Cabinet agencies shall absorb these compensation increases from funds appropriated to them 25 in Part IA of this Act. For purposes of this pay plan, a "cabinet" agency is an agency whose director or other chief administrative officer 26 is appointed by the Governor. 27 63C.13. (BCB/DBA: OSB - Prior Year Shown in Appropriation Bill) Effective on July 1 of the current fiscal year, the Appropriation 28 Bill must show the prior year's base budget in the appropriation budget format. 29 63C.14. (BCB/DBA: CRR - Artifacts Disposition) No artifacts owned by the State in the collection and exhibits of the Confederate 30 Relic Room shall be permanently removed or disposed of except by a Concurrent Resolution of the General Assembly. 31 63C.15. (BCB/DBA: CRR - Confederate Relic Room Location) Notwithstanding Act 313 of 1919 and Section 59-117-60, Code of 32 Laws of 1976, the War Memorial Building erected at the corner of Sumter and Pendleton Streets in the City of Columbia shall continue 33 to be used by the Confederate Relic Room and the custody and control of the building shall be forthwith transferred to the South Carolina 34 Budget and Control Board.
SECTION 63C - F09 - BUDGET AND CONTROL BOARD, BUDGET & ANALYSES, DIVISION OF PAGE 492 1 63C.16. (BCB/DBA: CRR - Research/Copy Fee) The Confederate Relic Room is authorized to collect, retain and expend fees from 2 research and photographic processing requests and from the sale of promotional items. 3 63C.17. (BCB/DBA: CRR - Appointment of Director) The Director of the Confederate Relic Room shall be appointed, after 4 consultation with the South Carolina Division Commander of the Sons of the Confederate Veterans and the President of the South Carolina 5 Chapter of the United Daughters of the Confederacy, by the Executive Director of the South Carolina Budget and Control Board and shall 6 serve at his pleasure. 7 63C.18. (BCB/DBA: CRR - Donations) The Confederate Relic Room is authorized to receive donations of funds and artifacts and 8 to expend these donations for the restoration, preservation and display of the collection to supplement state monies appropriated for such 9 purposes. 10 63C.19. (BCB/DBA: CRR - Confederate Museum Relocation) It is the intent of the General Assembly that, as soon as space becomes 11 available, the Confederate Museum shall relocate to the Columbia Mills Building where it will be retained as a separate and distinct facility, 12 under the State Budget and Control Board. 13 63C.20. (BCB/DBA: OSB - Study of DOT Indirect Costs) The Office of State Budget shall conduct a study of the Department of 14 Transportation's Statewide Cost Allocation Plan and Accounting Functions Transfer Fees. The study should address, but not be limited 15 to the fees paid for collection of Highway Revenue; Central Service Agency Recoveries; Other Indirect Cost Recoveries; Highway Fund 16 Transfer; and amounts transferred to the General Fund for servicing of accounting and payroll functions of the Comptroller General's 17 Office and the State Treasurer's Office. The report shall address these items separately and the study's findings and recommendations 18 shall be submitted to the Senate Finance and Ways and Means Committees by December 1, 1998. 19 20 SECTION 63D - F11 - BUDGET AND CONTROL BOARD, 21 REGIONAL DEVELOPMENT, DIVISION OF 22 23 63D.1. (BCB/DRD: OLG - Carry Forward - BCB Grant Program, Special Projects & EPA Grant Match Funds) Funds appropriated 24 under Section 63D, Division of Regional Development, "Aid to Entities": Budget and Control Board Grant Program Funds, Special 25 Projects and EPA Grant Match Funds which are not expended in the prior fiscal year may be carried forward to be expended in the current 26 fiscal year. Of the Grant Funds appropriated under the Division of Regional Development, $400,000 may be used for operating costs of 27 the Division in order to enhance the technical assistance capabilities of the Office of Local Government. 28 63D.2. (BCB/DRD: OLG - Carry Forward - State Water Pollution Control Revolving Fund) If any funds accumulated by the Budget 29 and Control Board, Division of Regional Development from loan fees are not expended during the preceding fiscal years, such funds may 30 be carried forward and expended for the costs associated with conducting the State Revolving Fund programs for wastewater or drinking 31 water. 32 63D.3. (BCB/DRD: OLG - State Water Pollution Control Revolving Fund) In the event that any state funds remain after fully 33 matching federal grants for the State Revolving Funds under the Clean Water Act or Safe Drinking Water Act, such funds may be 34 deposited into the South Carolina Infrastructure Revolving Loan Fund established pursuant to Section 11-40-50.
SECTION 63D - F1 - BUDGET AND CONTROL BOARD, REGIONAL DEVELOPMENT, DIVISION OF PAGE 493 1 63D.4. (BCB/DRD: OLG - Community Development Block Grant) The funds appropriated on special line item "CDBG" are to 2 provide funds for meeting federal matching requirements for administrative costs incurred by the State in administering program income 3 funds received from federally funded economic development grants. 4 63D.5. (BCB/DRD: OLG - Carry Forward - BCB Infrastructure Grant Fund) Funds appropriated in the Fiscal Year 1993-94 5 Supplemental Appropriation for the Office of Local Government, Division of Operations, Infrastructure Grant Revolving Fund which are 6 unexpended in the preceding fiscal year may be carried forward to be used in the current fiscal year for the same purpose of funding 7 infrastructure projects in economically distressed areas as provided for in Section 41-43-180 of the 1976 Code. 8 63D.6. (BCB/DRD: OLG - Debt Service) Of the Grant Funds appropriated under the Division of Regional Development, up to 9 $420,000 may be expended for debt service if funds are not made available for such purpose in this act or any act supplemental thereto. 10 63D.7. (BCB/DRD: Workers' Compensation Insurance Contract) DELETED 11 12 SECTION 63E - F27 - BUDGET AND CONTROL BOARD, 13 AUDITOR'S OFFICE, STATE 14 15 63E.1. (BCB/AUD: Access of Records) Notwithstanding any other provision of law, for the purposes of carrying out his duties, the 16 State Auditor and his assistants or designees shall have access to all records and facilities of every state agency during normal operating 17 hours. Furthermore, the State Auditor and his assistants or designees shall have access to all relevant records and facilities of any private 18 organization which is appropriated state monies, relating to the management and expenditures of such funds, during the organization's 19 normal operating hours. In the performance of his official duties, the State Auditor and his assistants or designees are subject to the 20 statutory provisions and penalties regarding the confidentiality of records of the respective agency, or organization, under review. All audit 21 working papers and memoranda of the State Auditor, with the exception of final audit reports, are confidential and not subject to public 22 disclosure. 23 63E.2. (BCB/AUD: Audit Timeframes) Notwithstanding any other provision of law, the State Auditor may examine less often than 24 annually agencies, departments, commissions and divisions provided that every such agency, department, commission or division shall 25 be examined no less often than every third year. 26 63E.3. (BCB/AUD: Contracts for State Audits) In the event qualified personnel cannot be hired during the current fiscal year, any 27 unused personal service funds in Subsection 63E, may be used to contract private firms to perform audits as prescribed by the State 28 Auditor. 29 63E.4. (BCB/AUD: Fraud Hot Line) The State Auditor is directed to maintain a Fraud Hot Line, and provide statewide toll free 30 telephone service for use by citizens of this State to report incidences of waste, fraud, misuse, and abuse of state funds. The State Auditor 31 is further directed to advertise the Fraud Hot Line in an appropriate manner. 32 63E.5. (BCB/AUD: Medical Assistance Audit) The Department of Health and Human Services shall remit to the General Fund an 33 amount representing fifty percent (allowable Federal Financial Participation) of the cost of the Medical Assistance Audit as established 34 in the State Auditor's Office of the Budget and Control Board Section 63E such amount to also include appropriated salary adjustments
SECTION 63E - F27 - BUDGET AND CONTROL BOARD, AUDITOR'S OFFICE, STATE PAGE 494 1 and employer contributions allowable to this program. Such remittance to the General Fund shall be made monthly and based on invoices 2 as provided by the State Auditor's Office of the Budget and Control Board. 3 4 SECTION 63F - F29 - BUDGET AND CONTROL BOARD, 5 RETIREMENT DIVISION 6 7 63F.1. (BCB/RET: Authorization to Pay For Data Processing Services) The Retirement System is authorized to pay the Budget & 8 Control Board - Division of Executive Director from funds appropriated to contractual services a charge for data processing services. The 9 cost will be determined on an hourly basis and shall not exceed the sum of $600,000. 10 63F.2. (BCB/RET: Retirement Benefits Limits Increase) Notwithstanding any other provision of law, except as provided below, 11 retirees and beneficiaries under the State Retirement Systems receiving Medicaid (Title XIX) sponsored nursing home care as of June 30, 12 of the prior fiscal year shall receive no increase in retirement benefits during the current fiscal year. However, a retired employee affected 13 by the above prohibition may receive the scheduled increase if he is discharged from the nursing home and does not require admission 14 to a hospital or nursing home within six months. The Department of Health & Human Services, the Department of Social Services, and 15 the State Retirement Systems must share the information needed to implement this proviso. 16 63F.3. (BCB/RET: Retirement Contributions - Monthly Transfers) Notwithstanding the amounts appropriated in Subsection 63F 17 of this Section as "State Employer Contributions," the State Treasurer and Comptroller General are hereby authorized and directed to 18 transfer from the General Fund of the State to the proper Retirement System Accounts, month by month, during the current fiscal year, 19 such funds as are necessary to comply with the terms of the Retirement Act as amended, with respect to contributions by the State of South 20 Carolina to the Retirement System. 21 63F.4. (BCB/RET: Temporary Scientific Consultative Employment) Any teacher or employee especially skilled in scientific 22 knowledge and attainment may be temporarily employed by any part of the government or any agency thereof in a consultative capacity 23 on a per diem compensation without such temporary consultative employment in any way affecting, reducing or canceling his retirement 24 benefits but such temporary consultative employment shall not exceed six months in any one year. 25 63F.5. (BCB/RET: Deferred Compensation Additional Optional Mutual Fund Selection) The Deferred Compensation Commission 26 is directed to study and implement, where feasible, additional optional mutual fund selections ranging from low risk to very aggressive 27 funds for the deferred compensation plan. 28 63F.6. (BCB/RET: Equity Investing) In addition to the funds authorized herein, the Budget and Control Board, Retirement Division 29 is also authorized to expend a reasonable amount of funds for the purpose of implementing the provisions of S.958 of 1998, also referred 30 to as the Equity Investing Act. The Division is also charged with consulting with the Retriement System Investment Panel as it creates the 31 Retirement Systems investment plan.
SECTION 63G - F30 - BUDGET AND CONTROL BOARD, EMPLOYEE BENEFITS PAGE 495 1 63G.1. (BCB/EB: Benefits - Proportionate Payment) It is the intent of the General Assembly that any agency of the State Government 2 whose operations are covered by funds from other than General Fund Appropriations shall pay from such other sources a proportionate 3 share of the employer costs of retirement, social security, workmen's compensation insurance, unemployment compensation insurance, 4 health and other insurance for active and retired employees, and any other employer contribution provided by the State for the agency's 5 employees. 6 63G.2. (BCB/EB: Unemployment Compensation Account) Unemployment Compensation premiums collected from state agencies 7 will be deposited into a separate account and used to pay Unemployment Compensation benefits to eligible employees of the State. 8 Premiums will be based on experience ratings provided by private consultants and the Budget and Control Board. The Unemployment 9 Compensation Funds' contribution level must be reviewed no less than biennially to ensure that premiums are commensurate with the cost 10 of operating the Unemployment Compensation Fund. All interest earned on this account must be retained by the Unemployment 11 Compensation Fund and used to offset costs. 12 63G.3. (BCB/EB: Unemployment Compensation Administration) The Budget and Control Board may hire consultants or a 13 management firm to assist in the administration of the unemployment compensation program for state employees and for that purpose may 14 use funds appropriated or otherwise made available for unemployment payments. The Budget and Control Board is authorized to make 15 such transfers as are necessary to accomplish this purpose. The Budget and Control Board shall report annually to the General Assembly 16 in writing the complete name, address and amounts paid to any such consultants or management firm. 17 63G.4. (BCB/EB: Unemployment Compensation Insurance Claims) Notwithstanding the amounts appropriated in Subsection 63G 18 of this Section as "Unemployment Compensation Insurance" to cover unemployment benefit claims paid to employees of the State 19 Government who are entitled under Federal Law, the State Treasurer and the Comptroller General are hereby authorized and directed to 20 pay from the General Fund of the State to the South Carolina Employment Security Commission such funds as are necessary to cover actual 21 benefit claims paid during the current fiscal year which exceed the amounts paid in for this purpose by the various agencies, departments 22 and institutions subject to unemployment compensation claims. The Employment Security Commission shall certify quarterly to the 23 Budget and Control Board the State's liability for such benefit claims actually paid to claimants who were employees of the State of South 24 Carolina and entitled under Federal law. The amount so certified shall be remitted to the Employment Security Commission. 25 63G.5. (BCB/EB: Workers' Compensation Insurance Claims) Notwithstanding the amounts appropriated in Subsection 63G of this 26 Section as "Workers' Compensation Insurance" to cover Workers' Compensation benefit claims paid to employees of the State Government 27 who are entitled under State Law, the State Treasurer and the Comptroller General are hereby authorized and directed to pay from the 28 General Fund of the State to the State Accident Fund such funds as are necessary to cover actual benefit claims paid and expenses relating 29 to the operations of the agency during the current fiscal year which exceed the amounts paid in for this purpose by the various agencies, 30 departments, and institutions. The State Accident Fund shall certify quarterly to the Budget and Control Board the State's liability for such 31 benefit claims actually paid to claimants who are employees of the State of South Carolina and entitled under State Law. The amount so 32 certified shall be remitted to the State Accident Fund. 33 34
SECTION 63H - F31 - BUDGET AND CONTROL BOARD, CAPITAL RESERVE FUND PAGE 496 1 63H.1. (BCB/CRF: Deficit Projected - Use of CRF) If the Board of Economic Advisors revenue forecast to the Budget and Control 2 Board at any time during the current fiscal year projects that revenues for the current fiscal year will be less than appropriated expenditures 3 for this year, the Budget and Control Board in mandating necessary cuts during the current fiscal year to eliminate the projected deficit 4 must first reduce to the extent necessary the appropriation herein contained to the Capital Reserve Fund, prior to mandating any cuts in 5 operating appropriations. 6 7 SECTION 64 - R44 - REVENUE, DEPARTMENT OF 8 9 64.1. (DOR: Alcoholic Liquor Revenues) Appropriations in this Act to cover the cost of the administration and enforcement of 10 alcoholic liquor laws by the Department of Revenue and Taxation and appropriations in this Act for expenses of the State Law Enforcement 11 Division - ABC Enforcement shall be deducted from the total revenues from alcoholic liquors before distributions of such revenues to the 12 counties and municipalities of the State and such amounts withheld shall be remitted to the General Fund of the State. 13 64.2. (DOR: Cost Recovery Fee) The Department of Revenue and Taxation may collect fees to recover the costs of the production, 14 purchase, handling and mailing of documents, publications, records and data sets, and such funds shall be retained by the Agency. 15 64.3. (DOR: Subpoenaed Employee Expense Reimbursement) If any employee of the Department of Revenue and Taxation is 16 subpoenaed to testify during litigation not involving the Department of Revenue and Taxation, the party subpoenaing the employee(s) to 17 testify shall reimburse the State for expenses incurred by the employee(s) requested to testify. Expenses shall include but are not limited 18 to the cost of materials and the average daily salary of the employee or employees. 19 64.4. (DOR: Bingo and Video Poker Revenue) As to revenue derived from the provisions of Chapter 21, Title 12, which is collected 20 from bingo, the Department of Revenue and Taxation may withhold from the General Fund portion of this revenue the actual costs of 21 Bingo audit activity and of criminal record checks pursuant to the evaluation of applications for bingo licenses. As to revenue derived 22 in accordance with S.C. Code Ann. Section 12-21-2720(3), the Department of Revenue may withhold the actual costs, not to exceed 23 $250,000 per fiscal year, of video game machine audit and regulatory enforcement activity by agents of the Department of Revenue. Any 24 winnings resulting from these activities must be deposited to the General Fund. The Department shall strictly enforce Regulation 117-190 25 in order to prevent the licensing and operation of large scale video gaming operations. The Department shall coordinate with the State 26 Law Enforcement Division in the regulation of video game operations in establishments which are authorized under both Sections 12-21- 27 2720 through 12-21-2808 and Title 61 of the South Carolina Code. The Department annually shall make a report to the Governor and 28 General Assembly outlining the collection activities as a result of this proviso. 29 64.5. (DOR: Court Order Funds Carry Forward) Funds awarded to the Department of Revenue and Taxation by court order shall 30 be retained in a special account and shall be carried forward from year to year, and expended as needed to accomplish the purposes and 31 conditions of said order if specified, and if not specified, as may be directed by the Director of the Department of Revenue and Taxation. 32 64.6. (DOR: Assessor Training) Pursuant to the enforcement of South Carolina Code Section 12-37-110, the Property Division of 33 the Department of Revenue and Taxation may charge participants a fee to cover the cost of pertinent education and training programs. 34 The revenue generated may be applied to the cost of the related operation, and any unexpended balance may be carried forward to
SECTION 64 - R44 - REVENUE, DEPARTMENT OF PAGE 497 1 subsequent fiscal periods and utilized for the same purpose. 2 64.7. (DOR: Professional Designation or License Cost) Whenever a professional designation or license is a legislatively mandated 3 requirement for employment by the Department of Revenue and Taxation, the Department shall be responsible for the annual cost to 4 maintain that required designation or license and provide for examination cost associated with such designation or license if not outside 5 his/her normal duties. 6 64.8. (DOR: Tax Education Program) Pursuant to taxpayer educational activities stipulated and authorized by SC Code Section 7 12-54-740, the Department of Revenue may charge participants a fee to recover the related direct costs. The revenue generated from this 8 may be applied to said cost, and any unexpended balance may be carried forward to subsequent fiscal periods and used for the stated 9 purpose. 10 64.9. (DOR: Certified and Registered Postage Reimbursement) As to any notice of assessment, adjustment or penalty issued under 11 the provisions of S.C. Code Ann. Title 12 or Title 61, the Department of Revenue is authorized to add $1.50 from time to time to any notice 12 of assessment, adjustment or penalty which may be required to be posted by registered or certified mail, and to treat the collection of this 13 additional $1.50, on an estimated or imputed basis, as a reimbursement of the Department's expenditures for postage. 14 64.10. (DOR: Credit Card Payment of Delinquent Taxes) The Department shall have the authority to accept, on terms and conditions 15 to be established by the Department in regulations and rulings, payment of delinquent taxes by credit cards. Such authority shall include 16 a determination not to accept such payments or to permit payment only for certain classes of delinquent taxes to be specified by the 17 Department. Notwithstanding any other provision of law, the State Treasurer may enter into contracts on behalf of the Department whereby 18 the Department may accept credit card payment of delinquent taxes. The Department may withhold the actual cost of processing credit 19 card payments from deposits of the tax types corresponding to the related delinquent payments, and may treat these withholdings as 20 reimbursements of the associated expenditures. 21 64.11. (DOR: Enforcement-Confiscated Alcoholic Beverage Revenue) The Department of Revenue is directed to maintain adequate 22 records accounting for the receipt of funds from the sale of confiscated alcoholic beverages. Such revenue shall be deposited to the credit 23 of the General Fund of the State after deducting the cost of confiscation and sale. 24 25 SECTION 69A - X12 - AID TO SUBDIVISIONS, COMPTROLLER GENERAL 26 27 69A.1. (AS-CG: Salary Supplements) Of the amount appropriated in this section for Clerks of Court, Probate Judges, and County 28 Sheriffs, $4,725 shall be distributed by the Comptroller General to each County Treasurer, which shall be used as a $1,575 salary 29 supplement for each Clerk of Court, Probate Judge and County Sheriff. The amounts appropriated in this section for Registers of Mesne 30 Conveyances Deeds shall be distributed by the Comptroller General to the appropriate County Treasurer, which shall be used as a $1,575 31 salary supplement for Registers of Mesne Conveyances Deeds. The State shall pay $15,236 $15,617 on the salary of each County Auditor 32 and County Treasurer in addition to any amounts presently being provided by the county for these positions. It is the intent of the General 33 Assembly that the amount appropriated by the county for these positions shall not be reduced as a result of the appropriation and that such
SECTION 69A - X12 - AID TO SUBDIVISIONS - COMPTROLLER GENERAL PAGE 498 1 appropriation shall not disqualify each County Auditor and each County Treasurer for salary increases that they might otherwise receive 2 from county funds in the future. These salaries shall be paid in accordance with the schedule and method of payment established for state 3 employees. 4 5 SECTION 72 - X90 - GENERAL AND TEMPORARY 6 7 72.1. (GP: Revenues, Deposits Credited to General Fund) For the current fiscal year, except as hereinafter specifically provided, 8 all general state revenues derived from taxation, licenses, fees, or from any other source whatsoever, and all institutional and departmental 9 revenues or collections, including income from taxes, licenses, fees, the sale of commodities and services, and income derived from any 10 other departmental or institutional source of activity, must be remitted to the State Treasurer at least once each week, when practical, and 11 must be credited, unless otherwise directed by law, to the General Fund of the State. Each institution, department or agency, in remitting 12 such income to the State Treasurer, shall attach with each such remittance a report or statement, showing in detail the sources itemized 13 according to standard budget classification from which such income was derived, and shall, at the same time, forward a copy of such report 14 or statement to the Comptroller General and the State Budget and Control Board. In order to facilitate the immediate deposit of collections, 15 refunds of such collections by the State institutions where properly approved by the authorities of same, may be made in accordance with 16 directions from the State Comptroller General and State Treasurer. Revenues derived from the General Retail Sales Tax, the Soft Drinks 17 Tax, and the State's portion of Revenue derived from the Alcoholic Liquors Tax and Cable Television Fees, must be expended to cover 18 appropriations herein made for the support of the public school system of the State only, and any amount of such appropriations in excess 19 of these revenues shall be paid from other General Fund Revenues. Appropriations in this Act for the support of the public school system 20 shall include the following: 21 Department of Education; 22 State Board for Technical and Comprehensive Education; 23 Educational Television Commission; 24 Wil Lou Gray Opportunity School; 25 School for the Deaf and the Blind; 26 John de la Howe School; 27 Debt Service on Capital Improvement Bonds Applicable to 28 Above Agencies; 29 Debt Service on School Bonds. 30 Other School Purposes. 31 72.2. (GP: Use of Funds) It is the intent of the General Assembly to appropriate all State funds and to authorize and/or appropriate 32 the use of all Federal and other funds for the operations of State agencies and institutions for the current fiscal year. Transfers of funds 33 may be approved by the Budget and Control Board under its authority or by the agency as set forth herein in Section 72.14. Any agency 34 which requests or transfers personal service funds must indicate on the transfer document whether or not a reduction in force is involved. 35 To the extent practicable, all agencies and institutions having Federal or other funds available for the financing of their operation shall
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 499 1 expend such funds in accordance with the intent of this Act. The authorization to spend Federal and other funds shall be decreased to the 2 extent that receipts from these sources do not meet the estimates as reflected in each Section of this Act; and any increase shall be 3 authorized through the review process as set forth in Act 651 of 1978 as amended. 4 72.3. (GP: Appropriations From Funds) Subject to the terms and conditions of this act, the sums of money set forth in this Part, 5 if so much is necessary, are appropriated from the general fund of the state, the education improvement act fund, the highways and public 6 transportation fund, and other applicable funds, to meet the ordinary expenses of the state government for Fiscal Year 1997-98, 1998-99, 7 and for other purposes specifically designated. 8 72.4. (GP: Fiscal Year Definitions) For purposes of the appropriations made by this Part, "current fiscal year" means the fiscal year 9 beginning July 1, 1997, 1998, and ending June 30, 1998, 1999, and "prior fiscal year" means the fiscal year beginning July 1, 1996, 1997, 10 and ending June 30, 1997 1998. 11 72.5. (GP: Descriptive Proviso Titles) Descriptive proviso titles listed in this Act are for purposes of identification only and are 12 not to be considered part of the official text. 13 72.6. (GP: Judicial & Involuntary Commitment, Defense of Indigents) It is the responsibility of all agencies, departments and 14 institutions of state government, to provide at no cost and as a part of the regular services of the agency, department or institutions such 15 services as are necessary to carry out the provisions of Chapter 52 of Title 44 (Involuntary Commitment), Article 7, Chapter 17 of Title 16 44 of the 1976 Code (Judicial Commitment), Chapter 3 of Title 17 of the 1976 Code (Defense of Indigents), and Article 1 of Chapter 3 17 of Title 16 of the 1976 Code (Death Penalty), as amended, upon request of the Judicial Department and/or the appropriate court. To this 18 end, state agencies are directed to furnish to the Judicial Department a list of their employees who are competent to serve as court 19 examiners. The Judicial Department shall forward a copy of this list to the appropriate courts, and the courts shall utilize the services of 20 such state employees whenever feasible. State employees shall receive no additional compensation for performing such services. For the 21 purpose of interpreting this section, employees of the Medical University of South Carolina and individuals serving an internship or 22 residency as an academic requirement or employees who are not full-time state employees and who are not performing duties as state 23 employees are not considered state employees. 24 72.7. (GP: Case Service Billing Payments Prior Year) Notwithstanding any other provision of law, agencies appropriated case 25 services funds who routinely receive prior year case service billings after the old fiscal year has been officially closed are authorized to 26 pay these case service obligations with current funds. This authorization does not apply to billings on hand that have been through a timely 27 agency payment approval process when the old fiscal year closes. 28 72.8. (GP: Credit Cards for Goods & Services) Notwithstanding any other provision of law, the State Treasurer may enter into 29 contracts whereby the agency or institution may accept credit cards as payment for goods or services provided. 30 72.9. (GP: Warrant Requisitions, Deposits) The expenditure of money appropriated in this Act shall be by warrant requisitions 31 directed to the Comptroller General. Upon receipt of the requisition, accompanied by invoices or other satisfactory evidence of the 32 propriety of the payment, and itemized according to standard budget classifications, the Comptroller General shall issue his warrant on 33 the State Treasurer to the payee designated in the requisition. No requisitions for warrants shall be processed for any amounts less than 34 one dollar. Upon approval and designation by the State Budget and Control Board, state institutions may requisition funds in favor of their 35 own treasurer, itemized only to the extent of the purpose of the appropriation as expressed in this Act, and may deposit such funds in the
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 500 1 name of the institution, in such bank or banking institutions as shall be designated by the State Treasurer, and disburse same by check to 2 meet the purposes of the appropriation, but strict account shall be kept of all such expenditures according to standard budget classifications. 3 All money shall be drawn only when actually owing and due. The Comptroller General shall establish rules and regulations for the uniform 4 reimbursement, remittance and transfers of funds to the General Fund of the State required by law. 5 72.10. (GP: Federal Program Expenses, Lag Time) After July 1, of the current fiscal year, the Department of Health and 6 Environmental Control, Department of Mental Health, Department of Disabilities & Special Needs, Department of Social Services, 7 Department of Health and Human Services, Division on Aging, Division of Foster Care, Department of Corrections, and Department of 8 Juvenile Justice may expend if necessary, state appropriated funds for the current fiscal year to cover fourth quarter Federal Programs 9 expenses incurred in the prior fiscal year necessitated by the time lag of federal reimbursement. 10 72.11. (GP: Federal Funds, Donations, Deposited in State Treasury) All Federal Funds received shall be deposited in the State 11 Treasury, if not in conflict with Federal regulations, and withdrawn therefrom as needed, in the same manner as that provided for the 12 disbursement of state funds. If it shall be determined that federal funds are not available for, or cannot be appropriately used in connection 13 with, all or any part of any activity or program for which state funds are specifically appropriated in this Act to match Federal funds, the 14 appropriated funds may not be expended and shall be returned to the General Fund, except upon specific written approval of the Budget 15 and Control Board. Donations or contributions from sources other than the Federal Government, for use by any state agency, shall be 16 deposited in the State Treasury, but in special accounts, and shall be withdrawn from the treasury as needed to fulfill the purposes and 17 conditions of the said donations, or contributions, if specified, and, if not specified, as may be directed by the proper authorities of the 18 department. The expenditure of funds by agencies of the State Government from sources other than General Fund appropriations shall 19 be subject to the same limitations and provisions of law applicable to the expenditure of appropriated funds with respect to salaries, wages 20 or other compensation, travel expense, and other allowance or benefits for employees. 21 72.12. (GP: Fee Increases) (A) No state agency, department, board, committee, commission, or authority, may increase an existing 22 fee for performing any duty, responsibility, or function unless the fee for performing the particular duty, responsibility, or function is 23 authorized by statutory law and set by regulation except as provided in this paragraph. 24 (B) This paragraph does not apply to: 25 (1) state-supported governmental health care facilities; 26 (2) state-supported schools, colleges, and universities; 27 (3) educational, entertainment, recreational, cultural, and training programs; 28 (4) the State Board of Financial Institutions; 29 (5) sales by state agencies of goods or tangible products produced for or by these agencies; 30 (6) charges by state agencies for room and board provided on state-owned property; 31 (7) application fees for recreational activities sponsored by state agencies and conducted on a draw or lottery basis; 32 (8) court fees or fines levied in a judicial or adjudicatory proceeding; 33 (9) the South Carolina Public Service Authority or the South Carolina Ports Authority. 34 (C) This paragraph does not prohibit a state agency, department, board, committee, or commission from increasing fees for services 35 provided to other state agencies, departments, boards, committees, commissions, political subdivisions, or fees for health care and
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 501 1 laboratory services regardless of whether the fee is set by statute. 2 (D) Statutory law for purposes of this paragraph does not include regulations promulgated pursuant to the State Administrative 3 Procedures Act. 4 72.13. (GP: State Institutions - Revenues & Income) The University of South Carolina, Clemson University, the Medical University 5 of S. C. (including the Medical University Hospital), The Citadel, Winthrop University, S. C. State University, Francis Marion University, 6 University of Charleston, Lander University and the Wil Lou Gray Opportunity School shall remit all revenues and income, collected at 7 the respective institutions, to the State Treasurer according to the terms of Section 72.1 of this Act, but all such revenues or income so 8 collected, except fees received as regular term tuition, matriculation, and registration, shall be carried in a special continuing account by 9 the State Treasurer, to the credit of the respective institutions, and may be requisitioned by said institutions, in the manner prescribed in 10 Section 72.9 of this Act, and expended to fulfill the purpose for which such fees or income were levied, but no part of such income shall 11 be used for permanent improvements without the express written approval of the State Budget and Control Board and the Joint Legislative 12 Capital Bond Review Committee; and it is further required that no such fee or income shall be charged in excess of the amount that is 13 necessary to supply the service, or fulfill the purpose for which such fee or income was charged. Notwithstanding other provisions of this 14 act, funds at State Institutions of Higher Learning derived wholly from athletic or other student contests, from the activities of student 15 organizations, and from the operations of canteens and bookstores, and from approved Private Practice plans at institutions and affiliated 16 agencies may be retained at the institution and expended by the respective institutions only in accord with policies established by the 17 institution's Board of Trustees. Such funds shall be audited annually by the State but the provisions of this Act concerning unclassified 18 personnel compensation, travel, equipment purchases and other purchasing regulations shall not apply to the use of these funds. 19 72.14. (GP: Transfers of Appropriations) Agencies and institutions shall be authorized to transfer appropriations within programs 20 and within the agency with notification to the Division of Budget and Analyses and Comptroller General. No such transfer may exceed 21 twenty percent of the program budget. Upon request, details of such transfers may be provided to members of the General Assembly on 22 an agency by agency basis. Transfers of appropriations from personal service accounts to other operating accounts or from other operating 23 accounts to personal service accounts may be restricted to any established standard level set by the Budget and Control Board upon formal 24 approval by a majority of the members of the Budget and Control Board. 25 72.15. (GP: Bank Procedures - State Treasury A Bank) In any instances where Federal laws or regulations, relating to funds allotted 26 to State Government agencies, include requirements relating to banking procedures, the State Treasury shall be deemed to meet the 27 definition of a bank. 28 72.16. (GP: Federal Funds - DHEC, DSS, DHHS, Aging - Disallowances) Amounts appropriated to the Department of Health and 29 Environmental Control, Department of Social Services, Department of Health and Human Services, and Division on Aging may be 30 expended to cover program operations of prior fiscal years where adjustment of such prior years are necessary under federal regulations 31 or audit exceptions. All disallowances or notices of disallowances by any federal agency of any costs claimed by these agencies shall be 32 submitted to the State Auditor, the Senate Finance Committee and the House Ways and Means Committee, within five days of receipt of 33 such actions. 34 72.17. (GP: Family Foster Care Payments) The Department of Disabilities & Special Needs, Department of Social Services, and 35 Department of Juvenile Justice shall furnish as Family Foster Care payments for individual foster children under their sponsorship:
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 502 1 ages 0 - 5 $212 per month 2 ages 6 - 12 $239 per month 3 ages 13 + $305 per month 4 These specified amounts are for the basic needs of the foster children. Basic needs within this proviso are identified as food (at home and 5 away), clothing, housing, transportation, education and other costs as defined in the U.S. Department of Agriculture study of "Annual Cost 6 of Raising a Child to Age Eighteen". Further, each agency shall identify and justify, as another line item, all material and/or services, in 7 excess of those basic needs listed above, which were a direct result of a professional agency evaluation of clientele need. Legitimate 8 medical care in excess of Medicaid reimbursement or such care not recognized by Medicaid may be considered as special needs if approved 9 by the sponsoring/responsible agency and shall be reimbursed by the sponsoring agency in the same manner of reimbursing other special 10 needs of foster children. 11 72.18. (GP: Fixed Student Fees) During the current fiscal year, student fees at the State institutions of higher learning shall be fixed 12 by the respective Boards of Trustees as follows: 13 (1) Fees applicable to student housing, dining halls, student health service, parking facility, laundries and all other personal subsistence 14 expenses shall be sufficient to fully cover the total direct operating and capital expenses of providing such facilities and services over their 15 expected useful life except those operating or capital expenses related to the removal of asbestos. 16 (2) Student Activity Fees may be fixed at such rates as the respective Boards shall deem reasonable and necessary. 17 72.19. (GP: Tech Educ. Colleges Student Activity Fees) Notwithstanding any other provisions of this Act, funds at Technical 18 Education Colleges derived wholly from the activities of student organizations and from the operations of canteens and bookstores may 19 be retained by the college and expended only in accord with policies established by the respective college's Area Commission and approved 20 by the State Board for Technical and Comprehensive Education. 21 72.20. (GP: Educational Fee Waivers) Senior colleges, universities and technical colleges may offer educational fee waivers to no 22 more than two percent of the undergraduate student body. 23 72.21. (GP: Human Services Coordinating Council) The General Assembly finds that the operation of health and human services 24 may be enhanced by closer working relationships among agencies at the state and local level. The General Assembly finds that 25 coordination at both levels provides opportunities to serve the citizens of South Carolina better through (1) continued expansion of services 26 integration and (2) stronger communication among agencies delivering services. 27 In order to assist in, recommend, develop policy for, and supervise the expenditure of funds for the continuation of service integration 28 in South Carolina, there is created a Human Services Coordinating Council, hereinafter, entitled the Council. The Council shall consist 29 of: 30 (1) The Director or Chief Executive Officer of each of the following: Division on Aging, Department of Alcohol and Other Drug 31 Abuse Services, Commission for the Blind, Division for the Review of Foster Care of Children, Department of Education, Department 32 of Health and Environmental Control, Department of Health and Human Services, Department of Juvenile Justice, Division of Veterans' 33 Affairs, John De La Howe School, Department of Mental Health, Department of Disabilities and Special Needs, School for the Deaf and 34 the Blind, Department of Social Services, Department of Vocational Rehabilitation, Guardian ad Litem Program, Division of Continuum 35 of Care, Educational Television, Wil Lou Gray Opportunity School, Department of Corrections, Probation, Parole and Pardon Services
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 503 1 and the State Housing Finance and Development Authority. 2 (2) The Governor or his designee. 3 (3) Other such members as the Council shall deem appropriate. 4 The Council shall: 5 (1) Select a Director or Chief Executive Officer on an annual basis to serve as the Council Chairperson. The Council Chairperson 6 shall be elected at the first quarterly meeting of the Council at the beginning of each new state fiscal year. Nominees for this office must 7 be members of the Council. The Chairperson of the Council can succeed himself in that specific position no more than three times. In 8 the event that this office becomes vacant, the Executive Committee of the Council shall appoint a member of the Council to fill the 9 unexpired term of the office. 10 (2) Meet regularly to provide an opportunity for collaboration and cooperation among member agencies. 11 The Council shall have as its goals: 12 (1) Identify and address priority health and human needs and promote the availability of responsive resources. 13 (2) Promote cost-effective, efficient approaches for the delivery of health and human services which include prevention, education, 14 reduction of dependency, promotion of self-sufficiency and delivery of services in the least restrictive, most appropriate community-based 15 and institutional settings. 16 (3) Provide coordination between the Council members and the Office of the Governor in the development of the comprehensive 17 State Health and Human Services Plan. 18 (4) In cooperation with the Department of Health and Human Services, coordinate and oversee efforts to integrate services 19 information among state agencies and between state and local agencies. 20 (5) Review and monitor service integration efforts begun by the Human Services Integration Projects, and including: 21 (a) Developing standards for case management activities and coordinating with local entities on service integration efforts, and 22 (b) Receiving requests for funding of projects designed to further integration of services, including review and approval of such 23 projects. 24 Member agencies and departments of the Council shall collect and provide client information, including Social Security Number, for 25 the Client Masterfile System, and for development and use of a uniform client application database for statistical purposes and for 26 improving human services delivery systems for South Carolinians. For purposes of this sub-section, the State, rather than an individual 27 agency, will be the owner of the data. All individual client information submitted by participating agencies or departments will be regarded 28 as confidential; the information collected may not be released, under any circumstances, to entities or individuals outside the Client 29 Masterfile System, State Data Oversight Council, or client application database unless release is made of aggregate statistical information 30 so that no individual client may be identified. No data submitted may be released by the Client Masterfile System except in a format 31 approved by the Council. For the purposes of this sub-section only, all State laws, regulations, or any rule of any State agency, department, 32 board, or commission having the effect or force of law that prohibits or is inconsistent with any provision of this sub-section is hereby 33 declared inapplicable to this sub-section. Each member agency or department of the Council shall be required to take all steps reasonably 34 necessary to effectuate the waiver of federal rules, regulations, or statutes or the elimination of other factors that interfere with collection 35 or use of data by the Client Masterfile System or client application database. Those steps shall include but not be limited to, the seeking
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 504 1 of federal legislation, the negotiation of agreements between the Council or State and any federal agency or board, the application for the 2 waiver of any federal rule, regulation or statute, and the seeking of client's permission to share data. The Human Services Coordinating 3 Council shall assume the duties and responsibilities of the Aging Coordinating Council and the Long Term Care Council as specified in 4 Sections 43-21-120 through 43-21-140. The Council shall establish a long term care standing committee and include on the committee 5 a representative of the long term care industry, a representative of the insurance industry, and a representative of the general public. 6 72.22. (GP: Employer Contributions Cost of Agencies) It is the intent of the General Assembly that the amount so provided to each 7 agency or institution for employee benefits shall be sufficient to pay the employer contribution costs of that agency. The Budget and 8 Control Board is directed to devise a plan for the expenditure of the funds appropriated for employer contributions and may require 9 transfers of funds within an agency or institution if it becomes evident that the employer contribution costs will exceed the funds available 10 for that purpose. 11 72.23. (GP: Dual Employment) Any employee who is approved for dual employment must be paid in a timely manner. The secondary 12 agency is required to make payment of funds approved for and earned under dual employment within forty-five days of the beginning of 13 the employment. 14 72.24. (GP: Payroll Schedule & Compensation Restrictions) Except as otherwise provided in this Act, all appropriations for 15 compensation of State Employees shall be paid in twice-monthly installments to the person holding such position. In order to provide a 16 regular and permanent schedule for payment of employees, it is hereby established that the payroll period shall begin on June 2, of the prior 17 fiscal year with the first pay period ending on June 16, of the prior fiscal year. The payroll period shall continue thereafter on a twice- 18 monthly schedule as established by the Budget and Control Board. It is the intent of the General Assembly that this schedule, thus 19 established, will continue from one fiscal year to another without interruption, on a twice monthly basis. The Budget and Control Board 20 is authorized to approve any changes to this schedule where circumstances are deemed justifiable. 21 The appropriated salaries for specified positions shall mean the maximum compensation for such position, except as specifically 22 provided in other provisions of this act, and in any case where the head of any department can secure the services for a particular position 23 or work at a lower rate than the salary specified in this Act, authority for so doing is hereby given. 24 No employee of any state department or institution shall be paid any compensation from any other department of the state government 25 except those approved under the provisions of Regulation 19-702.09 of the 1976 Code, as amended, and no employee of any department 26 or institution shall be paid travel expenses by any other department or institution without approval of the agency by which he is regularly 27 employed. The Comptroller General shall report, after June thirtieth of each year, to the Senate Finance Committee and the House Ways 28 and Means Committee the names of all employees receiving dual compensation and the amounts received. 29 The provisions of Regulation 19-707.02 and Section 8-5-10 of the 1976 Code, as amended, shall not apply to employees hired for 120 30 days or less. 31 72.25. (GP: Discrimination Policy) It is the policy of the State of South Carolina to recruit, hire, train, and promote employees without 32 discrimination because of race, color, sex, national origin, age, religion or physical disability. This policy is to apply to all levels and 33 phases of personnel within state government, including but not limited to recruiting, hiring, compensation, benefits, promotions, transfers, 34 layoffs, recalls from layoffs, and educational, social, or recreational programs. It is the policy of the State to take affirmative action to 35 remove the disparate effects of past discrimination, if any, because of race, color, sex, national origin, age, religion or physical disability.
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 505 1 Each state agency shall submit to the State Human Affairs Commission employment and filled vacancy data by race and sex by October 2 31, of each year. 3 In accordance with Section 1-13-110 of the South Carolina Code of Laws of 1976, as amended, the Human Affairs Commission shall 4 submit a report on the status of State Agencies' Affirmative Action Plans and Programs to the General Assembly by February 1 each year. 5 This report shall contain the total number of persons employed in each job group, by race and sex, at the end of the preceding reporting 6 period, a breakdown by race and sex of those hired or promoted from within the agency during the reporting period, and an indication of 7 whether affirmative action goals were achieved. For each job group referenced in the Human Affairs report, where the hiring of personnel 8 does not reflect the percentage goals established in the agency's affirmative action plan for the year in question, the State agency shall 9 submit a detailed explanation to the Human Affairs Commission by February 15, explaining why goals were not achieved. 10 The Human Affairs Commission shall review the explanations and notify the Budget and Control Board of any agency not in 11 satisfactory compliance with meeting its stated goals. 12 The Budget and Control Board shall notify any agency not in compliance that their request for additional appropriations for the current 13 appropriation cycle, may not be processed until such time as the Budget and Control Board, after consultation with the Human Affairs 14 Commission, is satisfied that the agency is making a good faith effort to comply with its affirmative action plan, and that the compliance 15 must be accomplished within a reasonable length of time to be determined by the mission and circumstances of the agency. This 16 requirement shall not affect additional appropriation requests for public assistance payments or aid to entities. This section does not apply 17 to those agencies that have been exempted from the reporting requirements of the Human Affairs Commission. 18 72.26. (GP: Residency Preference) Notwithstanding any other provision of law, when a vacancy occurs in a state agency, other than 19 institutions of higher education, or when an agency acts to fill a new position, the agency shall give preference to residents of this State, 20 if the two are equally qualified for the vacancy or new position. 21 72.27. (GP: Temporary Grant Funded or Time Limited Funded Positions) Notwithstanding any other provision of law or this Act, 22 state agencies and institutions may, at their discretion, hire employees to fill temporary grant positions specified in federal grants, public 23 charity grants, private foundation grants, research grants and positions with time limited funding approved or authorized by the appropriate 24 state authority in accordance with the following provisions: 25 A. Only those funds authorized within the approved federal grant, public charity grant, private foundation grant, research grant, or time 26 limited funds for a specified project can be used to pay the salaries and/or benefits of temporary employees hired under this provision. 27 B. Temporary grant or time limited positions, employees, and the conditions of their employment shall be reported in accordance with 28 provisions developed by the Division of Budget and Analyses of the Budget and Control Board. 29 C. Positions established under this provision must be limited to and must not exist beyond the duration of the time limited project or 30 grant or any subsequent renewal of it. When the grant, time limited project or any subsequent renewal ends, temporary grant or time 31 limited project employees must be terminated and their positions will cease to exist. Temporary grant or time limited project employees 32 will be exempt from the provisions of Sections 8-17-310 through 8-17-380 of the 1976 Code, as amended. State agencies and institutions 33 must terminate all temporary grant or time limited project positions at any time funding is terminated or is insufficient to continue 34 payments under the conditions of the grant or time limited project. 35 D. Temporary grant or time limited project employees may be eligiblefor the same benefits, excluding permanent or probationary
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 506 1 employment status, available to permanent state employees provided that such funds are available within the grant or time limited project. 2 E. Temporary grant or time limited project employees shall be deemed to be employed at will. The temporary grant or time limited 3 project employee shall not be entitled to any compensation beyond the date of termination, other than for such part of the grant or time 4 limited project that has been performed. 5 F. Discretionary determinations by a state agency or institution as to whether to hire an employee pursuant to this proviso are final and 6 not subject to administrative or judicial appeal. 7 72.28. (GP: Personal Service Reconciliation, FTEs) The General Assembly expresses its continuing concern over the control of the 8 number of personnel employed by the State of South Carolina. This concern is evidenced in the 1980 Public Employment Report of the 9 United States Bureau of Census. It is further declared to be the intent of the General Assembly to continue to take positive steps to reduce 10 the number of personnel employed in the future, without unduly hampering the legitimate functions of state government. 11 In order to obtain the necessary control over the number of employees, the Budget and Control Board is hereby directed to maintain 12 close supervision over the number of state employees, and to require specifically the following: 13 1. That no state agency exceed the total authorized number of full-time equivalent positions and those funded from State sources as 14 provided in each section of this Act except by majority vote of the Budget and Control Board. 15 2. That the Division of Budget and Analyses shall maintain and make, as necessary, periodic adjustments thereto, an official record 16 of the total number of authorized full-time equivalent positions by agency for State and Total funding sources. 17 (a) That within thirty (30) days of the passage of the Appropriation Act or by August 1, whichever comes later, each agency of the 18 State must have established on the Budget and Control Board records all positions authorized in the Act. After that date, the Board shall 19 delete any non-established positions immediately from the official record of authorized full-time equivalent positions. No positions shall 20 be established by the Board in excess of the total number authorized in the Board record of authorized full-time equivalent positions. Each 21 agency may, upon notification to the Budget and Control Board, change the funding source of State FTE positions established on the 22 Budget and Control Board records as necessary to expend federal and other sources of personal service funds in an effort to conserve or 23 stay within the state appropriated personal service funds. Each agency may, upon notification to the Budget and Control Board, transfer 24 FTEs between programs as needed to accomplish the agency mission. No agency shall change funding sources that will cause the agency 25 to exceed the authorized number of state or total full-time equivalent positions. 26 (b) By September 30, the Board shall prepare a personal service detail, by agency, which shows each position established for the 27 fiscal year and the amount of funds required, by source of funds, to support the position for the fiscal year at a funding level of 100% and 28 the Board shall then reconcile each agency's personal service detail with the agency's personal service appropriation as contained in the 29 Act adjusted for any pay increases, and any other factors necessary to reflect the agency's personal service funding level. The Board shall 30 provide a copy of each agency's personal service reconciliation to the Senate Finance and House Ways and Means Committees. 31 (c) Any position which is shown by the reconciliation to be unfunded or significantly underfunded may be deleted at the direction 32 of the Budget and Control Board . 33 (d) Full-time equivalent (FTE) positions shall be determined under the following guidelines: 34 1. The annual work hours for each FTE shall be the agency's full-time standard annual work hours. 35 2. The State FTEshall be derived by multiplying the state percentage of budgeted funds for each position by the FTE for that
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 507 1 position. 2 3. All institutions of higher education shall use a value of 0.75 FTE for each position determined to be full-time faculty with a 3 duration of nine (9) months. 4 The FTE method of accounting shall be utilized for all authorized positions. 5 3. That the number of positions authorized in this Act shall be reduced in the following circumstances: 6 (a) Upon request by an agency. 7 (b) When anticipated federal funds are not made available. 8 (c) When the Budget and Control Board, through study or analysis, becomes aware of any unjustifiable excess of positions in any 9 state agency. 10 4. The Budget and Control Board shall annually reconcile personal service funds with full-time employee count to determine unfunded 11 positions which will be eliminated no later than January 15 of the current fiscal year unless specifically exempted elsewhere in this act 12 or by the State Budget and Control Board. The State Budget and Control Board must report the full-time employee count and unfunded 13 position status to the Senate Finance Committee and the Ways and Means Committee by February 1 of the current fiscal year. 14 5. That no new permanent positions in state government shall be funded by appropriations in acts supplemental to this Act but 15 temporary positions may be so funded. 16 6. The provisions of this section shall not apply to personnel exempt from the State Classification and Compensation Plan under Item 17 I of Section 8-11-260 of the 1976 Code. 18 The Governor, in making his appropriation recommendations to the Ways and Means Committee, must provide that the level of personal 19 service appropriation recommended for each agency is at least 97% of the funds required to meet 100% of the funds needed for the full- 20 time equivalents positions recommended by the Governor (exclusive of new positions). 21 72.29. (GP: Allowance for Residences & Compensation Restrictions) That salaries paid to officers and employees of the State, 22 including its several boards, commissions, and institutions shall be in full for all services rendered, and no perquisites of office or of 23 employment shall be allowed in addition thereto, but such perquisites, commodities, services or other benefits shall be charged for at the 24 prevailing local value and without the purpose or effect of increasing the compensation of said officer or employee. The charge for these 25 items may be payroll deducted at the discretion of the Comptroller General or the chief financial officer at each agency maintaining its 26 own payroll system. This shall not apply to the Governor's Mansion, nor for department-owned housing used for recruitment and training 27 of Mental Health Professionals, nor to guards at any of the State's penal institutions and nurses and attendants at the Department of Mental 28 Health, and the Department of Disabilities & Special Needs, and registered nurses providing clinical care at the MUSC Medical Center, 29 nor to the Superintendent and staff of John de la Howe School, nor to the cottage parents and staff of Wil Lou Gray Opportunity School, 30 nor to full-time or part-time staff who work after regular working hours in the SLED Communications Center or Maintenance Area, nor 31 to the Directors of John G. Richards Campus, Willow Lane Campus, and the Reception and Evaluation Center at the Department of 32 Juvenile Justice nor to the Residence Dormitory Director and the Assistant Residence Director at the Governor's School for Science and 33 Mathematics. The Presidents of those State institutions of higher learning authorized to provide on-campus residential facilities for 34 students may be permitted to occupy residences on the grounds of such institutions without charge. 35 Any state institution of higher learning may provide a housing allowance to the President in lieu of a residential facility, the amount
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 508 1 to be approved by the Budget and Control Board. 2 That the following may be permitted to occupy residences owned by the respective Departments without charge: the Commissioner 3 of the Department of Corrections, the Director of the Department of Mental Health, the Farm Director, Farm Managers, and Specialists 4 employed at the Wateree River Correctional Institution, Walden Correctional Institution, MacDougall Youth Correctional Center, and 5 Givens Youth Correctional Center; the S. C. State Commission of Forestry fire tower operators, forestry aides, and caretaker at central 6 headquarters; the Department of Natural Resources' Game Management Personnel, Fish Hatchery Superintendents, Lake Superintendent, 7 and Fort Johnson Superintendent; the Department of Parks, Recreation and Tourism field personnel in the State Parks Division; the 8 Agricultural Aide at the Department of Juvenile Justice Farm; Director of Wil Lou Gray Opportunity School; President of the School for 9 the Deaf and the Blind; houseparents for the Commission for the Blind; S.C. Department of Health and Environmental Control personnel 10 at the State Park Health Facility and Camp Burnt Gin; Assistant Director of Residence Life and a student counselor at Lander University; 11 Clemson University's Head Football Coach; the Department of Disabilities & Special Needs' physicians and other professionals at Whitten 12 Center, Clemson University Off-Campus Agricultural Staff and Housing Area Coordinators; and University of South Carolina's Manager 13 of Bell Camp Facility, Housing Maintenance Night Supervisors, Residence Life Directors, temporary and transition employees, and 14 emergency medical personnel. Except in the case of elected officials, the fair market rental value of any residence furnished to a State 15 Employee shall be reported by the State Agency furnishing the residence to the Agency Head Salary Commission, and the Division of 16 Budget and Analyses by October 1, of each fiscal year. 17 All salaries paid by departments and institutions shall be in accord with a uniform classification and compensation plan, approved by 18 the Budget and Control Board, applicable to all personnel of the State Government whose compensation is not specifically fixed in this 19 act. Such plan shall include all employees regardless of the source of funds from which payment for personal service is drawn. The 20 Division of Budget and Analyses of the Budget and Control Board is authorized to approve temporary salary adjustments for classified 21 and unclassified employees who perform temporary duties which are limited by time and/or funds. When approved, a temporary salary 22 adjustment shall not be added to an employee's base salary and shall end when the duties are completed and/or the funds expire. Academic 23 personnel of the institutions of higher learning and other individual or group of positions that cannot practically be covered by the plan 24 may be excluded therefrom but their compensations as approved by the Division of Budget and Analyses shall, nevertheless, be subject 25 to review by the Budget and Control Board. Salary appropriations for employees fixed in this Act shall be in full for all services rendered, 26 and no supplements from other sources shall be permitted or approved by the State Budget and Control Board. With the exception of travel 27 and subsistence, legislative study committees shall not compensate any person who is otherwise employed as a full-time state employee. 28 Salaries of the heads of all agencies of the State Government shall be specifically fixed in this Act and no salary shall be paid any agency 29 head whose salary is not so fixed. Commuter mileage on non-exempt state vehicles shall be considered as income and reported by the 30 Comptroller General in accordance with IRS regulations. As long as there is no impact on appropriated funds, state agencies and 31 institutions shall be allowed to spend public funds and/or other funds for designated employee award programs which shall have written 32 criteria approved by the agency governing board or commission. For purposes of this section, monetary awards, if any, shall not be 33 considered a part of an employee's base salary, a salary supplement, or a perquisite of employment. The names of all employees receiving 34 monetary awards and the amounts received shall be reported annually to the South Carolina Division of Budget and Analyses. 35 In the case of lodging furnished by certain higher education institutions to employees, the prevailing local rate does not apply if the
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 509 1 institution meets the exceptions for inadequate rent described in the current Internal Revenue Code Section 119(d)(2). To meet the 2 exception, rental rates must equal the lesser of five percent of the appraised value of the qualified campus lodging, or the average of the 3 rentals paid by individuals (other than employees or students of the educational institution) during the calendar year for lodging provided 4 by the educational institution which is comparable to the qualified campus lodging provided to the employee, over the rent paid by the 5 employee for the qualified campus lodging during the calendar year. The appraised value shall be determined as of the close of the 6 calendar year in which the taxable year begins, or, in the case of a rental period not greater than one year, at any time during the calendar 7 year in which the period begins. 8 72.30. (GP: MUSC Hospital Services Rates) The Board of the Medical University of South Carolina shall provide hospital services 9 to state employees and officials of state government at a rate not to exceed the payment rates to hospitals provided by the employee's 10 insurance program(s). Private physician fees, psychiatry, and all dental are not included. 11 72.31. (GP: Universities & Colleges - Allowance for Presidents) Presidents of the University of South Carolina, Clemson University, 12 the Medical University of South Carolina, The Citadel, Winthrop University, South Carolina State University, Francis Marion University, 13 University of Charleston, and Lander University must not be paid a fixed allowance for personal expenses incurred in connection with 14 the performance of their official duties. Reimbursements may be made to the Presidents from funds available to their respective institutions 15 for any personal expenses incurred provided that all requests for reimbursement are supported by properly documented vouchers processed 16 through the normal accounting procedures of the institutions. 17 72.32. (GP: Replacement of Personal Property) The Department of Juvenile Justice, Department of Corrections, Probation, Parole and 18 Pardon Services, Department of Mental Health, Department of Disabilities & Special Needs, Continuum of Care, Department of Social 19 Services and School for the Deaf and the Blind may replace the personal property of an employee which has been damaged or destroyed 20 by a client while in custody of the agency. The replacement of personal property may be made only if the loss has resulted from actions 21 by the employee deemed to be appropriate and in the line of duty by the agency head and if the damaged or destroyed item is found by 22 the agency head to be reasonable in value, and necessary for the employee to carry out the functions and duties of his employment. 23 Replacement of damaged or destroyed items shall not exceed $250 per item, per incident. Each agency must have guidelines to insure 24 the reasonableness of the replacement payments. 25 72.33. (GP: Law Enforcement Officer Retiree Weapon Purchase) All state employees, who are commissioned law enforcement officers 26 upon retirement, if vested, may purchase their assigned weapon at a reasonable fee. 27 72.34. (GP: Business Expense Reimbursement) Agency heads and Deputy Commissioners or Deputy Directors designated by Agency 28 heads may receive reimbursements for business expenses incurred while performing their official duties, provided that receipts are 29 presented when seeking reimbursement and justification is submitted to document the time, place, and purpose of the expense as well as 30 the names of the individuals involved. The Budget and Control Board shall promulgate regulations governing these expenses. 31 72.35. (GP: Per Diem) The per diem allowance of all boards, commissions and committees shall be at the rate of Thirty-five ($35) 32 Dollars per day. No full-time officer or employee of the State shall draw any per diem allowance for service on such boards, commissions 33 or committees. 34 72.36. (GP: Travel Spouse of Governor & Lt. Governor) Notwithstanding any other provision of law, the spouses of the Governor and 35 the Lieutenant Governor of the State are authorized to receive reimbursement of actual expenses when accompanying the Governor or the
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 510 1 Lieutenant Governor on official state business. 2 72.37. (GP: Travel - Subsistence Expenses & Mileage) Travel and subsistence expenses, whether paid from State appropriated, Federal, 3 local or other funds, shall be allowed in accordance with the following provisions: 4 A. Unless otherwise provided in paragraphs B through H of this section, all employees of the State of South Carolina or any agency 5 thereof including employees and members of the governing bodies of each technical education center while traveling on the business of 6 the State shall, upon presentation of a paid receipt, be allowed reimbursement for actual expenses incurred for lodging. Agencies may 7 contract with lodging facilities to pay on behalf of an employee. Failure to maintain proper control of direct payments for lodging may 8 result in the revocation of the agency's authority by the Comptroller General or the State Auditor. The employee shall also be reimbursed 9 for the actual expenses incurred in the obtaining of meals except that such costs shall not exceed ($25) per day within the State of South 10 Carolina. For travel outside of South Carolina the maximum daily reimbursement for meals shall not exceed ($32). Agencies may contract 11 with food or dining facilities to pay for meals on behalf of employees in accordance with rules and regulations established by the Budget 12 and Control Board. It shall be the responsibility of the agency head to monitor the charges for lodging which might be claimed by his 13 employees in order to determine that such charges are reasonable, taking into consideration location, purpose of travel or other extenuating 14 circumstances. The provisions of this item shall not apply to Section 42-3-40 of the 1976 Code. 15 B. That employees of the State, when traveling outside the United States, Canada, and Puerto Rico upon promotional business for 16 the State of South Carolina shall be entitled to actual expenses for both food and lodging. 17 C. The Governor, Lieutenant Governor, Secretary of State, Comptroller General, Attorney General, State Treasurer, Adjutant 18 General, Superintendent of Education and the Commissioner of Agriculture shall be reimbursed actual expenses for subsistence. 19 D. Non-legislative members of committees appointed pursuant to Acts and Resolutions of the General Assembly whose membership 20 consists solely of members of the General Assembly or members of the General Assembly and other personnel who are not employees 21 of the State of South Carolina shall be allowed subsistence expenses of $35 per day while traveling on official business. Members of such 22 committees may opt to receive actual expenses incurred for lodging and actual expenses incurred in the obtaining of meals in lieu of the 23 allowable subsistence expense. 24 E. Members of the State Boards, Commissions, or Committees whose duties are not full-time and who are paid on a per diem basis, 25 shall be allowed reimbursement for actual expenses incurred at the rates provided in Paragraph A and I of this Section while away from 26 their places of residence on official business of the State. One person accompanying a handicapped member of a State Board, Commission, 27 or Committee on official business of the State shall be allowed the same reimbursement for actual expenses incurred at the rates provided 28 in Paragraph A through I of this Section. 29 F. No subsistence reimbursement shall be allowed to a Justice of the Supreme Court or Judge of the Court of Appeals while 30 traveling in the county of his official residence. When traveling on official business of said court within 50 miles outside the county of 31 his official residence, a Supreme Court Justice and a Judge of the Court of Appeals shall be allowed subsistence expenses in the amount 32 of $35 per day plus such mileage allowance for travel as is provided for other employees of the State. When traveling on official business 33 of said Court 50 or more miles outside the county of his official residence, each Justice and Judge of the Court of Appeals shall be allowed 34 subsistence expenses in the amount as provided in this Act for members of the General Assembly plus such mileage allowance for travel 35 as is provided for other employees of the State. The Chief Justice, or such other person as he designates, while attending the Conference
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 511 1 of Chief Justices and one member of the Supreme Court while attending the National Convention of Appellate Court Judges, and three 2 Circuit Judges while attending the National Convention of State Trial Judges shall be allowed actual subsistence and travel expenses. 3 Upon approval of the Chief Justice, Supreme Court Justices, Judges of the Court of Appeals, Circuit Judges, and Family Court Judges 4 shall be reimbursed for actual expenses incurred for all other official business requiring out-of-state expenses at the rate provided in 5 paragraph A of this section. 6 G. No subsistence reimbursements are allowed to a Circuit Judge, a Family Court Judge, or an Administrative Law Judge while 7 holding court within the county in which he resides. While holding court or on other official business outside the county, within fifty miles 8 of his residence, a Circuit Court Judge, Family Court Judge, or an Administrative Law Judge is entitled to a subsistence allowance in the 9 amount of $35 per day plus such mileage allowance for travel as is provided for other employees of the State. While holding court or on 10 other official business at a location fifty miles or more from his residence, a Circuit Court, Family Court or Administrative Law Judge is 11 entitled to a subsistence allowance in the amount as provided in this Act for members of the General Assembly plus such mileage 12 allowance for travel as is provided for other employees of the State. 13 H. Any retired Justice, Circuit Court Judge or Family Court Judge or Master-in-Equity appointed by the Supreme Court to serve 14 as a Special Circuit Judge, Family Court Judge, Appeals Court Judge, or Acting Associate Justice shall serve without pay but shall receive 15 the same allowance for subsistence, expenses, and mileage as provided in Part I for Circuit Court Judges. 16 I. No expense shall be allowed an employee either at his place of residence or at the official headquarters of the agency by which 17 he is employed except as provided in paragraph E, of this section. When an employee is assigned to work a particular territory or district, 18 and such territory or district and his official headquarters are in different localities or sections of the State, expenses may be allowed for 19 the necessary travel to his official headquarters. The members of the Workers' Compensation Commission, Public Service Commission 20 and the Employment Security Commission may be reimbursed at the regular mileage rate of one round trip each week from their respective 21 homes to Columbia. No subsistence reimbursement shall be allowed to a member of the Workers' Compensation Commission, Public 22 Service Commission or the Employment Security Commission while traveling in the county of his official residence. When traveling on 23 official business of the Commission within 50 miles outside the county of his official residence, a member of the Workers' Compensation 24 Commission, Public Service Commission or the Employment Security Commission shall be allowed subsistence expenses in the amount 25 of $35 per day. When traveling on official business of the Commission 50 or more miles outside the county of his official residence, each 26 member shall be allowed a subsistence allowance in the amount as provided in this act for members of the General Assembly. When out- 27 of-state, members of the Workers' Compensation Commission, Public Service Commission and the Employment Security Commission 28 may claim the established amount of per diem, as stated in the General Appropriation Act, or actual expenses as deemed reasonable by 29 the Comptroller General. 30 J. When an employee of the State shall use his or her personal automobile in traveling on necessary official business, a charge of 31 31.5 32.5 cents per mile will be allowed for the use of such automobile and the employee shall bear the expense of supplies and upkeep 32 thereof. Whenever State provided motor pool vehicles are reasonably available and their use is practical and an employee of the State shall 33 request for his own benefit to use his or her personal vehicle in traveling on necessary official business, a charge of 27.5 28.5 cents per 34 mile will be allocated for the use of such vehicle and the employee shall bear the expense of supplies and upkeep thereof. When such travel 35 is by a State-owned automobile, the State shall bear the expense of supplies and upkeep thereof but no mileage will be allowed. Agencies
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 512 1 and employees are directed to use State fueling facilities to the maximum extent possible, when such use is cost beneficial to the State. 2 When using commercial fueling facilities, operators of State-owned vehicles are directed to use self-service pumps. In traveling on the 3 business of the State, employees are required to use the most economical mode of transportation, due consideration being given to urgency, 4 schedules and like factors. 5 Mileage between an employee's home and his/her place of employment is not subject to reimbursement. However, when an employee 6 leaves on a business trip directly from his/her home, and does not go by the employee's headquarters, the employee shall be eligible for 7 reimbursement for actual mileage beginning at his/her residence. 8 K. That a State agency may advance travel and subsistence expense monies to employees of that agency for the financing of 9 ordinary and necessary travel required in the conducting of the business of the agency. The Budget and Control Board is directed to 10 develop and publish rules and regulations pertaining to the advancing of travel expenses and no State agency shall make such advances 11 except under the rules and regulations as published. All advances for travel and subsistence monies shall be repaid to the agency within 12 thirty (30) days after the end of the trip or by the end of the fiscal year, whichever comes first. 13 L. That the State institutions of higher learning are authorized to reimburse reasonable relocation expenses for new employees when 14 such reimbursements are considered by the agency head to be essential to successful recruitment of professionally competent staff 15 members. 16 M. The State Budget and Control Board is authorized to promulgate and publish rules and regulations governing travel and 17 subsistence payments. 18 N. No state funds may be used to purchase first class airline tickets. 19 72.38. (GP: Asbestos Litigation Funds) All funds involved in the settlement of asbestos litigation cases, with the exception of those 20 funds involving the University of South Carolina system and Clemson University, must be deposited into an interest bearing account in 21 the State Treasurer's Office entitled "Asbestos Expense Trust Account". The University of South Carolina system and Clemson University 22 must deposit all funds involved in the settlement of asbestos litigation into separate institutional interest bearing accounts entitled "Asbestos 23 Expense Trust Account", with each institution's name appropriately captioned in their respective accounts, to be maintained in the State 24 Treasurer's Office. These accounts shall only be used for expenses relating to asbestos litigation, asbestos abatement, or other asbestos 25 related expenses or projects. Such projects must be approved by the Budget and Control Board after review by the Joint Bond Review 26 Committee. 27 72.39. (GP: State Port Authority Funds - Rent) Any funds derived by the State Port Authority from the rental, lease or sale of any of 28 its facilities shall be expended for the benefit of the particular Port where such facilities are located. 29 72.40. (GP: Rental Charges, Collections State Offices) Subsection (a). The Budget and Control Board is hereby directed to assess and 30 collect a rental charge from all departments and agencies of the State Government occupying Budget and Control Board space in State- 31 controlled office buildings. The amount charged each department or agency shall be calculated on a square foot, or other equitable basis 32 of measurement, and at such rates as will yield sufficient total annual revenue to cover, unless the Budget and Control Board determines 33 otherwise, in priority order, both (1) the annual principal and interest due or anticipated on the Capital Improvement Obligations authorized 34 by Act No. 829 of the 1964 Acts, Act No. 1273 of the 1970 Acts and Act No. 508 of the 1971 Acts and Act No. 1377 of the 1968 Acts 35 as amended for projects administered or planned by the Division Office of General Services, and (2) maintenance and operation costs of
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 513 1 State-controlled Budget and Control Board-controlled office buildings in the City of Columbia under the supervision of the Office of 2 General Services. The amount so collected which is applicable to the payment of principal and interest due on obligations authorized by 3 Act 1377 of the 1968 Acts as amended shall be paid into the State's General Fund to apply on debt service appropriations under the Section 4 67 of this Act shall be deposited in a special account and shall be expended only for payment on Capital Improvement Obligations and 5 maintenance and operations costs of the buildings under the supervision of the Office of General Services. 6 Subsection (b). All departments and agencies against which rental charges are assessed and whose operations are financed in whole 7 or in part by Federal and/or other non-appropriated funds are directed to apportion the payment of such charges equitably among all such 8 funds, so that each shall bear its proportionate share. All appropriations in this Act applicable to the rental of space in State-controlled 9 buildings (exclusive of the Department of Transportation), shall be available only for payment of that portion of rental charges applicable 10 to State-appropriated operations. 11 Subsection (c). Rental collections shall be deposited by the Budget and Control Board in the State Treasury in a special account and 12 shall be expended only for (1) payment of principal and interest due on the obligations referred to in Subsection (a) above and (2) 13 maintenance and operations costs of the buildings referred to in Subsection (a) above. 14 72.41. (GP: Organizations Receiving State Appropriations Report) Each organization receiving a contribution in this Act shall render 15 to the state agency making the contribution by November 1 of the fiscal year in which funds are received, an accounting of how the State 16 funds will be spent, a copy of the adopted budget for the current year, and also a copy of the organization's most recent operating financial 17 statement. The funds appropriated in this Act for contributions shall not be expended until the required financial statements are filed with 18 the appropriate state agency. No funds in this Act shall be disbursed to organizations or purposes which practice discrimination against 19 persons by virtue of race, creed, color or national origin. The State Auditor shall review and audit, if necessary, the financial structure and 20 activities of each organization receiving contributions in this Act and make a report to the General Assembly of such review and/or audit, 21 when requested to do so by the Budget and Control Board. 22 72.42. (GP: Information Technology - Report of Requested Increases) The Budget and Control Board, through the Division of Budget 23 and Analyses, is authorized and directed to identify all requested increases for information technology for Agencies, Institutions or 24 Departments, with the exception of colleges, universities and technical institutions, compile the requests into one report, evaluate the 25 requests and forward the evaluation to the Governor, the Chairman of Senate Finance Committee and the Chairman of the House Ways 26 & Means Committee. 27 72.43. (GP: Printing Costs Disclosure on State Publications) All agencies using appropriated funds shall print on the last page of all 28 bound publications the following information: 29 (1) Total Printing Cost 30 (2) Total Number of Documents Printed 31 (3) Cost Per Unit 32 The President Pro Tempore of the Senate, the Speaker of the House, Legislative Printing and Information Technology Resource, the 33 Presidents of each institution of higher education, and the State Board for Technical and Comprehensive Education may exempt from this 34 requirement, documents published by their respective agencies. Agency publications which are produced for resale are also exempt fromthis requirement.
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 514 1 Publications of public relations nature, produced by Parks, Recreation and Tourism, and the Division of State Development are exempt 2 from this requirement. 3 72.44. (GP: PORS Retirees Salary Limit) Notwithstanding the provisions of subsections (1) and (2) of Section 9-11-90, a retired 4 member of the System may return to employment covered by the System and earn up to fifteen thousand five hundred dollars a fiscal year 5 without affecting the monthly retirement allowance he is receiving from the System. If the retired member continues in service after having 6 earned fifteen thousand five hundred dollars in a fiscal year, his retirement allowance must be discontinued during the period of service 7 in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1- 8 1590 apply. The provisions of this section do not apply to an employee or member of the System who has retired mandatorily because 9 of age pursuant to Section 9-1-1530. 10 72.45. (GP: SCRS Retirees Salary Limit) Notwithstanding any other provision of law, a retired member of the System may return to 11 employment covered by the System and earn up to fifteen thousand five hundred dollars a fiscal year without affecting the monthly 12 retirement allowance he is receiving from the System. If the retired member continues in service after having earned fifteen thousand five 13 hundred dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal 14 year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions 15 of this section do not apply to an employee or member of the System who has retired mandatorily because of age pursuant to Section 9-1- 16 1530. 17 72.46. (GP: State Owned Aircraft - Maintenance Logs) Each agency having in its custody one or more aircraft shall maintain a 18 continuing log on all flights, which shall be open for public inspection. Any and all aircraft owned or operated by agencies of the State 19 Government shall be used only for official business. The Division of Aeronautics and other agencies owning and operating aircraft may 20 furnish transportation to the Governor, Constitutional Officers, members of the General Assembly, members of state boards, commissions, 21 and agencies and their invitees for official business only; no member of the General Assembly, no member of a state board, commission 22 or committee, and no state official shall use any aircraft of the Division of Aeronautics unless the member or official files within forty-eight 23 hours after the time of departure of the flight with the Division of Aeronautics a sworn statement certifying and describing the official 24 nature of his trip; and no member of the General Assembly, no member of a state board, commission or committee, and no state official 25 shall be furnished air transportation by a state agency other than the Division of Aeronautics unless such agency prepares and maintains 26 in its files a sworn statement from the highest ranking official of the agency certifying that the member's or state official's trip was in 27 conjunction with the official business of the agency. Official business shall not include routine transportation to and from meetings of 28 the General Assembly or committee meetings for which mileage is authorized. 29 All logs shall be signed by the parties using the flight and the signatures shall be maintained as part of the permanent record of any 30 agency. All passengers shall be listed on the flight log by their legal name; passengers flying with an appropriate official of SLED or the 31 Division of State Development whose confidentiality must, in the opinion of SLED or the Division, be protected shall be listed in writing 32 on the flight log as "Confidential Passenger SLED or the Division of State Development (strike one)" and the appropriate official of SLED 33 or the Division shall certify to the agency operating the aircraft the necessity for such confidentiality. 34 Violation of the above provisions of this section is prima facie evidence of a violation of Section 8-13-410(1) of the 1976 Code and 35 shall subject a violating member of the General Assembly to the ethics procedure of his appropriate house and shall subject a violating
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 515 1 member of a state board, commission or committee, or a state official to the applicable ethics procedure relating to them as provided by 2 law. The above provisions do not apply to aircraft of the Division of Aeronautics when used by the Medical University of South Carolina, 3 nor to aircraft of the athletic department or the educational foundations of any state-supported institution of higher education. 4 Aircraft owned by agencies of state government shall not be leased to individuals for their personal use. 5 72.47. (GP: State Primary Prevention Strategy) The Human Services Coordinating Council is designated as the entity responsible for 6 developing and coordinating the implementation of a plan for a State Primary Prevention Strategy. Primary prevention is defined as 7 programs which seek to prevent the onset of disease, disability or high risk behaviors through the enhancement of individual and 8 community protective factors and the reduction of risk factors. The plan must be submitted to the Governor, Chairman of Senate Finance 9 and Chairman of Ways and Means for approval. Upon their approval, participating agencies are authorized to utilize those funds identified 10 as the State Primary Prevention Strategy in Section 8. The project plan must provide: 1) A primary prevention mission statement; 2) 11 Project objectives; 3) Current and proposed service efforts and accomplishment indicators (input, output, outcomes and efficiency); 4) 12 A description of the anticipated benefits and costs; and 5) An independent evaluator component. 13 72.48. (GP: Carry Forward) Each agency shall be authorized to carry forward unspent general fund appropriations from the prior fiscal 14 year into the current fiscal year, up to a maximum of 10% of its original general fund appropriations less any appropriation reductions for 15 the current fiscal year. Agencies shall not withhold services in order to carry forward general funds. 16 This provision is suspended if necessary to avoid a fiscal year-end general fund deficit. For purposes of this proviso, the amount of 17 the general fund surplus/deficit shall be considered after all appropriations from the Capital Reserve Fund have been allowed and before 18 any transfers from the General Reserve. The amount of general funds needed to avoid a year-end deficit shall be reduced proportionately 19 from each agency's carry forward amount. 20 Agencies which have separate general fund carry forward authority must exclude the amount carried forward by such separate authority 21 from their base for purposes of calculating the 10% carry forward authorized herein. Any funds that are carried forward as a result of this 22 provision are not considered part of the base of appropriations for any succeeding years. Notwithstanding any other provisions of law, 23 state agencies and institutions shall be allowed to spend carry forward monies from the previous fiscal year to provide selected employees 24 a one-time lump sum bonus not to exceed $1,000, based on objective guidelines established by the Budget and Control Board. This 25 payment is not a part of the employee's base salary and is not earnable compensation for purposes of employee and employer contributions 26 to respective retirement systems. 27 72.49. (GP: Publication List for General Assembly) With the exception of the Governor's Executive Budget and related documents 28 and telephone directories, and notwithstanding any other requirement, mandate, or provision of this act to the contrary, no agency, 29 department, or entity of state government shall provide the General Assembly with hard copies of a publication whether or not the 30 publication, report, or other document is required to be furnished to the General Assembly by law, and a publication only may be provided 31 to a member of the General Assembly if the member requests the publication. Nothing herein prevents the agency or department from 32 transmitting such publications to the Office of Legislative Printing and Information Technology Resources (LPITR) by electronic medium 33 in such format and form and in accordance with such technical standards as may be established by LPITR. LPITR may make any such 34 information transmitted available through its network. Any report governed by the requirements of this proviso may be published in hard 35 copy form if authorized by the Speaker of the House and the President Pro Tempore of the Senate.
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 516 1 72.50. (GP: Regulatory Audit) Each agency shall conduct a jurisdictional audit for the purpose of identifying laws, regulations and 2 provisos which are not being used or no longer need to be regulated. After identifying these laws, repeals are to be drafted for submission 3 to the General Assembly. 4 72.51. (GP: Written Notice of Fee Changes) All state administrative or executive agencies which have the authority to impose charges, 5 fines, fees, levies, or penalties, of any nature, pursuant to statutory or regulatory authorization, shall give written notice if requested to any 6 person affected by or subject to the assessment prior to collection. The notice required pursuant to this section shall include an appropriate 7 citation to the relevant statutory or regulatory provision which authorizes the imposition of the assessment. No assessment made by a state 8 administrative or executive agency against an affected person shall be valid, absent express statutory or regulatory authorization. 9 72.52. (GP: TEFRA-Tax Equity and Fiscal Responsibility Act) It is the intent of the General Assembly that the State Medicaid Plan 10 be amended to provide benefits for disabled children as allowed by the Tax Equity and Fiscal Responsibility Act (TEFRA) option. State 11 agencies, including but not limited to, the Office of the Governor - the Continuum of Care, the Department of Health and Environmental 12 Control, the Department of Mental Health, the Department of Disabilities and Special Needs, and the Department of Health and Human 13 Services shall collectively review and identify existing state appropriations within their respective budgets that can be used as state match 14 to serve these children. Such funds shall be used effective January 1, 1995 to implement TEFRA option benefits. 15 72.53. (GP: Federally Declared Disaster Reimbursement) Notwithstanding Section 11-9-125, any state agency, college, or university 16 which has a grant agreement with and has received prior disaster reimbursements for losses incurred during federally declared disasters 17 from the Office of State Public Assistance and where said state agency, college or university may not have received full reimbursement 18 for eligible program management costs associated with disaster recovery activities incurred during such disasters may seek further 19 reimbursement for such disasters and is authorized to retain these funds for use within the agency's operating budget. 20 72.54. (GP: Frequent Flyer Premiums) State agencies and employees shall select air carriers based on cost and time criteria, not on 21 whether frequent flyer premiums are given. State agencies should ensure that employees earning frequent flyer premiums while traveling 22 on State business use them to reduce the cost of subsequent business travel whenever possible. 23 72.55. (GP: Prison Industries) All agencies funded in this Act, when procuring goods and services, shall first consider contracting for 24 services or purchasing goods and services through the Department of Corrections' Prison Industries Program. The Department of 25 Corrections shall furnish, upon request, to all agencies a catalogue of goods and services provided by Prison Industries. The Department 26 is hereby directed to develop and market a catalogue of Prison Industries products for nationwide circulation. 27 72.56. (GP: Out-of-State Travel Report) Annually on October 1, the Comptroller General shall issue a report on out-of-state travel 28 expenditures for the prior fiscal year which shall be distributed to the Senate Finance Committee, the House Ways and Means Committee 29 and the Statehouse Press Room. The Comptroller General may use up to $500 of general fund appropriations for the purpose of providing 30 copies to the media or the public upon request. The report must contain a listing for every agency receiving an appropriation in the annual 31 General Appropriations Act. The listing must show at a minimum the top ten percent of employees for whom out-of-state travel expenses 32 and registration fees were paid within each agency, not to exceed twenty-five employees per agency. Agencies should include position 33 titles for each of the top twenty-five travelers for each agency. Expenditures must include state, federal and other sources of funds. The 34 list for each agency must be in rank order with the largest expenditure first and the name of the employee must be shown with each amount. 35 Agencies should include a brief summary of the type of out-of-state travel the agency incurs. The Comptroller General may provide
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 517 1 additional information as deemed appropriate. The Comptroller General shall provide no exceptions to this report in that the information 2 contained is not considered confidential or restricted for economic development purposes. However, further disclosure of detailed 3 information shall be restricted as provided for by law. 4 72.57. (GP: School Technology Initiative) From the funds appropriated/authorized to the Budget and Control Board's Office of 5 Information Resources for school technology, the Board shall, in consultation with the State Department of Education and South Carolina 6 Educational Television, begin the development of a statewide educational technology initiative. This initiative is intended to provide 7 technology connectivity for K-12 public schools throughout the State and should, to the maximum extent possible, involve public-private 8 sector collaborative efforts. The Budget and Control Board shall retain and carry forward funds to be used for the same purpose. 9 72.58. (GP: Common Intake & Assessment Task Force) A common intake and assessment procedure and a plan for its use shall be 10 developed by a task force to include a representative from each agency that provides services to children with disabilities and their families. 11 The agencies shall include the directors of the Department of Education, the Department of Disabilities and Special Needs, the Department 12 of Health & Environmental Control, the Department of Mental Health and the Department of Social Services or their designees. The task 13 force shall also include five advocates/consumers/family members who have children using services from these agencies. A report shall 14 be submitted to the Senate Finance Committee, the House Ways and Means Committee and the Governor's Office by January 15, 1997. 15 This task force shall continue and report annually for three years on the implementation, quality and success of this plan. 16 72.59. (GP: Immunization System) The Department of Health & Environmental Control, in conjunction with the Department of Health 17 & Human Services, shall use the funds appropriated for the immunization program to enhance the vaccination delivery system, 18 emphasizing public/private partnerships in the funding and delivery systems, increase community participation, education and partnerships. 19 The strategic objective of this system shall be to eliminate vaccine-preventable diseases in South Carolina. These agencies will monitor 20 the quality and effectiveness of this system through the development of an accessible statewide immunization information system and shall 21 report annually by January 15th to the Governor, the Senate Finance Committee, and the House Ways and Means Committee. However, 22 if adequate federal funds are made available, any excess funds must be remitted to the General Fund. 23 72.60. (GP: Long Term Care System) The Department of Health and Human Services and the Department of Health and Environmental 24 Control shall, in coordination with other appropriate agencies and organizations, develop a system of services which provides a continuum 25 of long term care services for elderly individuals and their families. The system shall integrate available funding streams, design a common 26 intake system, incorporate recipient directed care and voucher options to the extent possible, expand the current continuum to better address 27 all levels of care needed and develop an eligibility/access system. The agencies will identify any changes necessary in the certificate of 28 need rules which will better support this system by lowering cost and increasing access. The system shall include a process to routinely 29 assess the system of care focusing on quality, access, outcomes and efficiency. The agencies shall report annually to the Governor, to the 30 Senate Finance Committee and to the House Ways and Means Committee no later than January 15th on this system. 31 72.61. (GP: Secretary of State Employee Rights) Where the provisions of this Act transfer the Office of the Secretary of State or any 32 particular entities, sections, division or portions thereof, to another state agency, department or division, the related employees of the Office 33 of the Secretary of State are also transferred to and become part of the receiving agency, department or division unless otherwise 34 specifically provided. All classified and unclassified personnel employed by the Office of the Secretary of State on the effective date of 35 this Act shall become employees of the receiving agency, department or division, and retain the same compensation, and grade level, as
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 518 1 applicable, unless otherwise specifically provided. Employees transferred under this provision will not experience a break in service and, 2 if at the time of transfer, they are covered by the provisions of the State Employee Grievance Procedure Act of 1982, they continue to be 3 covered by the provisions of that Act. This provision applies only to those employees who have at least a "meets" performance 4 requirements rating in their position with the Office of the Secretary of State prior to the effective date of this Act. 5 72.62. (GP: Public Relations Contract Services) All state agencies or other entities existing by state law that receive an annual 6 appropriation are required to file a report with the State Ethics Commission listing all contracts for public relations, communications, and 7 legislative strategy services. This report shall include the terms, conditions, and amounts expended for these purposes and shall be 8 submitted by June 30, 1998. 9 72.63. (GP: State Operated Day Care Facilities Fees) Any state agency receiving funding in this Act and any higher education 10 institution, including 4 year institutions, 2 year institutions, and technical colleges, that operates an early childhood development center 11 or day care facility shall charge, at a minimum, fees that are comparable to those charged by private day care facilities in the local 12 community. The institution or agency shall not restrict enrollment in the center solely to the children of faculty, staff, and students of the 13 institution; nor shall fees be set at a lower level for faculty, staff, or students of the institution or agency. 14 72.64. (GP: Prevent Welfare Reform Duplication of Services) The intent of the General Assembly is that the Department of Social 15 Services not duplicate services available at the Employment Security Commission and other state agencies. All state agencies are directed 16 to cooperate with DSS as it implements the Family Independence Act of 1995. Monies appropriated for the purpose of implementing the 17 Family Independence Act of 1995 and used to hire persons or procure services for employment training purposes shall be reported to the 18 Governor to ensure duplication of services does not occur. 19 72.65. (GP: SDE Agriculture Education Transfer to Clemson PSA) The Budget and Control Board, in conjunction with the Department 20 of Education, shall transfer all federal funds associated with Agricultural Education at the Department of Education to Clemson-PSA no 21 later than July 15, 1997 1998. Notwithstanding any other provisions of law, funds and positions transferred to Clemson-PSA from the 22 Department of Education for Agricultural Education shall be used for personnel positions and related office and travel expenses to provide 23 overall leadership, coordination, and structure for agricultural education programs, EFA activities and SC Association of Young Farmers 24 activities in the public schools of South Carolina. Clemson PSA shall provide a report to the Department of Education on the use and 25 expenditure of the federal funds transferred by the Department of Education to Clemson PSA no later than December 1, of the current fiscal 26 year. 27 72.66. (GP: Transfer of Grants Services & Indirect Cost Allocation) The Budget and Control Board, in conjunction with the Governor's 28 Office shall transfer all funds, positions, and related inventory and equipment associated with the Grants Services Section and the Indirect 29 Cost Allocation Section of the Office of Executive Policy and Programs of the Governor's Office to the Division of Budget and Analyses 30 of the Budget and Control Board, as soon as practical on or after July 1, 1997. The operation of these programs shall become the 31 responsibility of the Division of Budget and Analyses. 32 The Budget and Control Board, Division of Budget and Analyses is further directed to review Act 651 of 1978 and other appropriate 33 sections of the Code of Laws and propose any changes necessary in conjunction with this transfer not later than November 15, 1997. 34 72.67. (GP: $3M CCI Transfer to the General Fund) Of the proceeds resulting from the sale of the Central Correctional Institution, 35 the State Budget and Control Board shall transfer three million dollars to the General Fund. The balance of the proceeds from the sale
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 519 1 of CCI are to be credited to the Ordinary Sinking Fund to be expended in accordance with the procedures that regulate that fund. 2 72.68. (GP: Base Budget Analysis) Agencies' annual accountability reports for 1996-97 1997-98, as required in Section 1-1-810, must 3 be accessible to the Governor, Senate Finance Committee, House Ways & Means Committee and to the public on or before November 4 1, 1997 1998, for the purpose of a zero base budget analysis. Until performance based funding is fully implemented and reported annually, 5 the Commission on Higher Education and the state supported colleges, universities and technical schools shall report in accordance with 6 Section 59-101-350. Technical assistance will be available from the Office of State Budget. The House Ways and Means Committee may 7 award a Certificate of Excellence in Governing to the three agencies with the most exemplary accountability reports. These reports will 8 be used as models for future accountability reports. 9 72.69. (GP: Transfer of Printing Operations) The following state agencies under the directions of the Governor's Office shall cooperate 10 with the Budget and Control Board to identify and facilitate the transfer of any portion of their operation, including transfer of funds to 11 the Budget and Control Board to support this function during Fiscal Year 1997-98. The following agencies will make a permanent transfer 12 of state funds as specified below and the Department of Social Services shall permanently transfer two full time equivalent positions to 13 the Budget and Control Board, Division of Operations to be effective July 1, 1997, for the management of all printed related issues. 14 Department of Corrections $ 7,000 15 Department of Health & 16 Environmental Control $ 7,000 17 Department of Mental Health $ 7,000 18 Department of Natural Resources $ 7,000 19 Department of Probation, Parole 20 & Pardon Services $ 7,000 21 Department of Public Safety $ 7,000 22 Department of Revenue $ 7,000 23 Department of Social Services $22,170 and two full time equivalent positions 24 Department of Transportation $ 7,000 25 72.70. (GP: Professional Dues) State agencies and institutions are prohibited from paying or reimbursing professional dues payments 26 for individuals to the American Bar Association. 27 72.71. (GP: Federal/Other Funded Employee Bonus) Notwithstanding any other provision of law, state agencies and institutions shall 28 be allowed to spend federal and other sources of revenue to provide selected employees a one-time lump sum bonus not to exceed $1,000, 29 based on objective guidelines established by the Budget and Control Board. Agencies affected by this proviso shall maintain documents 30 verifying that the bonuses funded were from savings resulting from increased efficiency in their operations. Also, agencies using Federal 31 funds for the bonus must show that the use of these funds is in compliance with Federal law. This payment is not a part of the employee's 32 base salary and is not earnable compensation for purposes of employee and employer contributions to respective retirement systems. 33 72.72. (GP: Undesignated Surplus) Of the undesignated surplus for FY 1996-97 as determined by the Comptroller General at the 34 closing of the FY 1996-97 accounting year, any undesignated surplus shall be transferred to the Infrastructure Bank of South Carolina. 35 72.73. (GP: Transfer Division on Aging to DHHS) Notwithstanding any other provision of law, effective July 1, 1997, the duties,
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 520 1 functions, and responsibilities of the Division on Aging in the Office of the Governor are transferred to the Department of Health and 2 Human Services as the Office on Aging. The director of the department must employ a deputy director to be the administrator for the 3 office. The Budget and Control Board shall take the necessary actions to effect this transfer. All personnel, appropriations and FTEs of 4 the Division shall be transferred to the Department of Health and Human Services on July 1, 1997. 5 72.74. (GP: Collection on Dishonored Checks) Any state agency may establish, collect, and retain fines to cover the costs associated 6 with the collection of dishonored checks returned to the agency due to insufficient funds. Such funds shall be retained and expended by 7 the agency in accordance with this purpose and any unused amount shall carry forward to the following fiscal year. 8 72.75. (GP: Marine Remote Sensing Device) From funds appropriated to the Department of Commerce, $109,000 shall be transferred 9 to the S. C. Institute of Archaeology and Anthropology, University of South Carolina, to acquire a marine remote sensing device to manage 10 the state's submerged cultural resources by identifying and inventorying these submerged cultural resources and to devise strategies for 11 use and protection of these resources and to monitor the Hunley site until the hull can be recovered. 12 72.76. (GP: Transfer to Piedmont Tech.) From funds appropriated, $200,000 dollars shall be transferred to be expended for the 13 exclusive purpose of the Piedmont Tech - Edgefield Facility renovation project. 14 72.77. (GP: Voluntary Separation Program/FTE Reduction) DELETED 15 72.78. (GP: Senior Citizen Income Tax Relief) DELETED 16 72.79. (GP: Trust Funds) DELETED 17 72.80. (GP: Attorney General Transfer of Funds-Arts Commission) DELETED 18 72.81. (GP: Attorney General Transfer of Funds-DJJ & SLED) DELETED 19 72.82. (GP: Victim/Witness Personnel Study) The Attorney General's Office is directed to coordinate a panel to study the feasibility 20 of establishing a central authority for victim assistance services, restitution and fine collection processes statewide. The study shall 21 include, but not be limited to, the provisions of Act 141 of 1997, the types of assistance rendered as well as a review of the existing number, 22 type of personnel providing such services, and a review of all entities receiving earmarked revenues for victim/witness services on federal, 23 state and local levels. The panel shall consist of the members of the Governor's Advisory Victim Services Coordinating Committee and 24 designees of the S.C. Commission on Indigent Defense, S.C. Department of Mental Health, S.C. Department of Disabilities and Special 25 Needs, the S.C. Clerks of Court Association and Justice Fellowship. The initial meeting shall occur by August 1, 1998. The Attorney 26 General's Office shall submit a report to the Governor, the Chairman of the Senate Finance Committee and the Chairman of the House 27 Ways & Means Committee by January 1, 1999. 28 72.83. (GP: Pay Phones at SCDC) Notwithstanding any other provisions of law, revenues received by the S.C. Department of 29 Corrections for allowing the placement or location of pay phones on public property must be credited to the General Fund of the State. 30 72.84. (GP: State DNA Database) DELETED 31 72.85. (GP: Interim New FTE Report) State agencies shall report to the appropriate Senate Finance and Ways and Means 32 subcommittees any interim new FTE position when authorization is requested from the Budget and Control Board. The report shall 33 include, but not be limited to, justification of need for the position and a detailed explanation of the source of funding. 34 72.86. (GP: FTE Transfer Report) State agencies shall report to the appropriate Senate Finance and Ways and Means subcommittees 35 any FTE position transferred to or received from another state agency. The report shall include, but not be limited to, justification for
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 521 1 the transfer and a detailed explanation of the source of funding. 2 72.87. (GP: State Agencies-Alternate Work Locations) DELETED 3 72.88. (GP: Video Poker) DELETED 4 72.89. (GP: Indirect and Direct Abortion Funding Prohibition) DELETED 5 72.90. (GP: Telephone Answering Device Prohibition) DELETED 6 72.91. (GP: Video Poker) DELETED 7 72.92. (GP: Workers' Compensation Insurance Contract) DELETED 8 72.93. (GP: DOR Crediting of Fees to Department of Public Safety) DELETED 9 72.94. (GP: Allocation of Victim Services Funds) Revenues distributed on a monthly basis, to fund existing state programs under SC 10 Code Sections 14-1-206(C)(1) through (C)(7); 14-1-207(C)(1) through (C)(7); and 14-1-208(C)(1) through (C)(8) must be equal to what 11 was received under these subsections in FY 1996-97 before distribution can be made under SC Code Sections 14-1-206(B); 14-1-207(B); 12 and 14-1-208(B) for the period of July 1, 1998 through April 30, 1999. 13 72.95. (GP: Tobacco Settlement Funds) Any funds received by this State from the settlement of the lawsuit filed on behalf of the State 14 against various tobacco companies must be deposited into the General Fund of the State to be appropriated by the General Assembly. 15 72.96 (GP: Aid to Subdivisions Withholding to Recover Charges) Any local government entity which demands payment of rent or lease 16 payments from a state agency or institution, unless approved by that state agency, must have deducted from that local government's State 17 Aid to Subdivisions allocation an amount equal to 110 percent of the amount charged. From the withheld allocation, the state agency 18 must be reimbursed the actual amount paid and the balance must be credited to the General Fund of the State. 19 72.97. (GP: Video Poker Revenues) Notwithstanding any other provision of law, all revenues from coin-operated machines or devices 20 subject to licensing under Section 12-21-2720(A)(3) of the 1976 Code, collected during FY 1998-99 or collected in FY 1997-98 and 21 allocated to the revenue collected for FY 1998-99 shall be deposited in the General Fund and may only be appropriated in the General 22 Appropriation Act for FY 1999-2000. 23 72.98. (GP: Innovative Transportation) The Transportation Infrastructure Bank or the Railroad Commission may make grants for 24 developing innovative transportation technology, such as light rail, mono-rail, or mono-beam. 25 72.99 (GP: Pay Telephone Revenue) Notwithstanding any other provision of law, all state agencies, institutions, colleges and 26 universities must remit to the General Fund all revenues received and all monies retained above the cost of allowing the placement or 27 location of pay telephones on public property. Each state agency, institution, college and university must annually report to the Office 28 of State Budget the revenue received for allowing the placement or location of pay telephones on public property. This proviso includes 29 any commission(s), state agencies, institutions, colleges and universities receive for allowing the placement or location of pay telephones 30 on public property. Public property means any and all property occupied or under the control of a state agency, institution, college or 31 university. 32 72.100. (GP: Performance Audit Steering Committee) Notwithstandiang the provisions of Part VI, Section 2 of Act 458 of 1996, the 33 existence of the Performance Audit Steering Committee and the completion of its audit report is extended through December 31, 1999. 34 72.101. (GP: Patriot's Point Leases) The State Budget and Control Board shall not give consent to the transfer of any leases at 35 Patriot's Point until the board makes a report to the General Assembly and the General Assembly approves the transfer by concurrent
SECTION 72 - X90 - GENERAL AND TEMPORARY PAGE 522 1 resolution with all sums collected in consideration of the transfer being placed in an account with the State Treasurer and be expended 2 by the Authority on the development, maintenance, and repairs of the vessels, piers, parking areas, public areas, exhibits, and buildings 3 for the naval museum complex. 4 72.102. (GP: Undesignated Surplus) Of the undesignated surplus for FY 1997-98, as determined by the Comptroller General at the 5 closing of the FY 1997-98 accounting year, any undesignated surplus not otherwise appropriated in Part III, Section 3, shall be used to 6 increase the percentage of tuition and fees covered by the tuition tax credit provided for in Part II, Section 13 of this Appropriation Bill. 7 These funds shall be used to provide an equal percentage increase to all those eligible for the tax credit. 8 9 SECTION 73 - X91 10 11 73.1. (Year End Expenditures) Unless specifically authorized herein, the appropriations provided in Part I of this Act as ordinary 12 expenses of the State Government shall lapse on July 31, 1998 1999. State agencies are required to submit all current fiscal year input 13 documents to the Comptroller General's Office by July 20, 1998 1999. Appropriations for Permanent Improvements, now outstanding 14 or hereafter provided, shall lapse at the end of the second fiscal year in which such appropriations were provided, unless definite 15 commitments shall have been made, with the approval of the State Budget and Control Board and Joint Bond Review Committee, toward 16 the accomplishment of the purposes for which the appropriations were provided. Appropriations for other specific purposes aside from 17 ordinary operating expenses, now outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which such 18 appropriations were provided, unless definite commitments shall have been made, with the approval of the State Budget and Control Board, 19 toward the accomplishment of the purposes for which the appropriations were provided. 20 21 22 END OF PART I