View Amendment Current Amendment: 12 to Bill 3066 Reps. H. B. Brown, Ott propose the following Amendment No. 12 to H. 3066 (COUNCIL\NBD\11418AHB11):

Reference is to Printer's Date 2/16/11-H.

Amend the bill, as and if amended, Part II, immediately after SECTION 3, by adding an appropriately numbered SECTION to read:

/SECTION      __.      Chapter 30, Title 1 of the 1976 Code is amended by adding:

     "Section 1-30-127.      (A)      Effective July 1, 2011, the offices, divisions, and components of the State Budget and Control Board, Office of the Governor, are transferred to, and incorporated into, the Department of Administration, a department of the executive branch of state government headed by a director appointed by the Governor as provided in Section 1-30-10(B)(1)(i) except that this appointment must be upon the advice and consent of the General Assembly."/

Amend the bill further, Part II, by deleting in its entirety SECTION 4, beginning on page 3, and inserting:

/SECTION      4.      (A)      Where the provisions of this act transfer the State Budget and Control Board, Office of the Governor, or other agencies to the new Department of Administration, the employees, authorized appropriations, and assets and liabilities of the transferred offices are also transferred to and become part of the Department of Administration. All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Administration, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations.
     (B)      Regulations promulgated by these transferred offices as they formerly existed under the State Budget and Control Board, Office of the Governor, or other agencies are continued and are considered to be promulgated by these offices under the newly created Department of Administration.
     (C)      The Code Commissioner is directed to change or correct all references to the State Budget and Control Board in the 1976 Code, Office of the Governor, or other agencies to reflect the transfer of them to the Department of Administration. References to the names of these offices in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate references. /

Amend the bill further, Part IV, by deleting SECTION 6. A. in its entirety, and inserting:

/SECTION      6.      A.      Section 1-11-20 of the 1976 Code is repealed./

Amend the bill further, Part IV, by deleting SECTION 6. B. in its entirety, and inserting:

/SECTION      6.      B.      Section 1-11-22 of the 1976 Code is repealed./

Amend the bill further, Part IV, page 3066-11, by deleting Section 1-11-90 in its entirety, and inserting:

/Section 1-11-90.      The State Budget and Control Board Department of Administration may grant to agencies or political subdivisions of the State, without compensation, rights of way through and over such marshlands as are owned by the State for the construction and maintenance of roads, streets and highways or power or pipe lines, if, in the judgment of the Budget and Control Board department, the interests of the State will not be adversely affected thereby. A grant exceeding one million dollars in value shall instead require the approval of the Department of Administration./

Amend the bill further, Part IV, page 3066-12, by deleting Section 1-11-110 in its entirety and inserting:

/Section 1-11-110.      (1)      The State Budget and Control Board Department of Administration is authorized to acquire real property, including any estate or interest therein, for, and in the name of, the State of South Carolina by gift, purchase, condemnation or otherwise. An acquisition exceeding one million dollars in value shall instead require the approval of the Department of Administration.
     (2)      The State Budget and Control Board Department of Administration shall make use of the provisions of the Eminent Domain Procedure Act (Chapter 2 of Title 28) if it is necessary to acquire real property by condemnation. The actions must be maintained by and in the name of the board. The right of condemnation is limited to the right to acquire land necessary for the development of the Capitol Complex mall grounds in the City of Columbia." /

Amend the bill further, Part IV, page 3066-12, by deleting Section 1-11-185 in its entirety, and inserting:

/      Section 1-11-185.      (A)      In addition to the powers granted the Budget and Control Board Department of Administration pursuant to this chapter or another provision of law, the board may require submission and approval of plans and specifications for permanent improvements by a state department, agency, or institution before a contract is awarded for the permanent improvement.
     (B)      The Budget and Control Board Department of Administration may promulgate regulations necessary to carry out its duties.
(C)      The respective divisions of the Budget and Control Board the Department of Administration are authorized to provide to and receive from other governmental entities, including other divisions and state and local agencies and departments, goods and services as will in its opinion promote efficient and economical operations. The divisions may charge and pay the entities for the goods and services, the revenue from which must be deposited in the state treasury in a special account and expended only for the costs of providing the goods and services, and those funds may be retained and expended for the same purposes./

Amend the bill further, Part IV, page 3066-13, by deleting Section 1-11-435 in its entirety, and inserting:

/"Section 1-11-435.      To protect the state's critical information technology infrastructure and associated data systems in the event of a major disaster, whether natural or otherwise, and to allow the services to the citizens of this State to continue in such an event, the Office Division of the State Chief Information Officer (CIO) Technology in the Department of Administration should develop a Critical Information Technology Infrastructure Protection Plan devising policies and procedures to provide for the confidentiality, integrity, and availability of, and to allow for alternative and immediate online access to critical data and information systems including, but not limited to, health and human services, law enforcement, and related agency data necessary to provide critical information to citizens and ensure the protection of state employees as they carry out their disaster-related duties. All state agencies and political subdivisions of this State are directed to assist the Office of the State CIO division in the collection of data required for this plan." /

Amend the bill further, Part IV, page 3066-14, by deleting Section 10-11-140 in its entirety, and inserting:

/"Section 10-11-140.      Nothing contained in this article shall be construed to abridge the authority of the State Budget and Control Board the Department of Administration to grant permission to use the State House grounds for educational, electrical decorations, and similar purposes." /

Amend the bill further, part IV, page 25, by deleting Section 1-11-335 in its entirety, and inserting:

/Section 1-11-335.      The respective divisions of the Budget and Control Board South Carolina Department of Administration are authorized to provide to and receive from other governmental entities, including other divisions and state and local agencies and departments, goods and services, as will in its opinion promote efficient and economical operations. The divisions may charge and pay the entities for the goods and services, the revenue from which shall be deposited in the state treasury in a special account and expended only for the costs of providing the goods and services, and such funds may be retained and expended for the same purposes. /

Amend the bill further, Part IV, page 30, by deleting Section 10-1-30 in its entirety, and inserting:

/Section 10-1-30.      (A)      The Director of the Division of General Services of the State Budget and Control Board Department of Administration may authorize the use of the State House lobbies, the State House steps and grounds, and other public buildings and grounds in accordance with regulations promulgated restrictions set by the board.
     (B)      The department may authorize the use of the State House lobbies and the Gressette and Blatt Office Buildings in accordance with restrictions set by the board. The director board shall obtain the approval of the Clerk of the Senate before authorizing any use of the Gressette Building and shall obtain the approval of the Clerk of the House of Representatives before authorizing any use of the Blatt Building.
     (C)      The regulations restrictions upon the use of the buildings and grounds must contain provisions to insure ensure that the public health, safety, and welfare will be are protected in the use of the areas including reasonable time, place, and manner restrictions and application periods before use. If sufficient measures cannot be are not taken to protect the public health, safety, and welfare, the director Department of Administration shall deny the requested use. Other restrictions may be imposed on the use of the areas as are necessary for the conduct of business in those areas and the maintenance of the dignity, decorum, and aesthetics of the areas./

Amend the bill further, Part IV, page 3066-14, by deleting Section 11-9-630 in its entirety, and inserting:

/ "Section 11-9-630.      The State Budget and Control Board Department of Administration shall sell and convey, for and on behalf of the State, all such real property, assets, and effects belonging to the State as are not in actual public use, such sales to be made from time to time in such manner and upon such terms as it may deem most advantageous to the State. This shall not be construed to authorize the sale by the Board of any property held in trust for a specific purpose by the State or the property of the State in the phosphate rocks or phosphatic deposits in the beds of the navigable streams and waters and marshes of the State." /

Amend the bill further, Part IV, page 3066-15, by deleting Section 13-7-830 in its entirety, and inserting:

/      "Section 13-7-830.      The recommendations described in Section 13-7-620 shall be made available to the General Assembly, the Governor, and the Budget and Control Board Department of Administration." /

Amend the bill further, Part IV, page 47, by deleting Section 48-46-30(4) in its entirety, and inserting:

/"(4)      'Board' means the South Carolina Budget and Control Board or its designated official, 'Department' means the South Carolina Department of Administration or its designee."/

Renumber sections to conform.
Amend title to conform.