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 A. Section 1-11-20 of the 1976 Code is repealed./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