SECTION 117 - X90-GENERAL PROVISIONS

 

     117.1.   (GP: Revenues, Deposits Credited to General Fund)  For the current fiscal year, except as hereinafter specifically provided, all general state revenues derived from taxation, licenses, fees, or from any other source whatsoever, and all institutional and departmental revenues or collections, including income from taxes, licenses, fees, the sale of commodities and services, and income derived from any other departmental or institutional source of activity, must be remitted to the State Treasurer at least once each week, when practical, and must be credited, unless otherwise directed by law, to the General Fund of the State.  Each institution, department or agency, in remitting such income to the State Treasurer, shall attach with each such remittance a report or statement, showing in detail the sources itemized according to standard budget classification from which such income was derived, and shall, at the same time, forward a copy of such report or statement to the Comptroller General and the Budget and Control Board.  In order to facilitate the immediate deposit of collections, refunds of such collections by state institutions where properly approved by the authorities of same, may be made in accordance with directions from the State Comptroller General and State Treasurer.  General fund appropriations herein made for the support of the public school system of the State must be greater than or equal to the revenues derived from the General Retail Sales Tax, the Soft Drinks Tax, and the state’s portion of the Alcoholic Liquors Tax and Cable Television Fees as forecasted in the general fund revenue estimate of the Board of Economic Advisors as accounted for in Section 116 of this act.  Appropriations in this act for the support of the public school system shall include the following:

          Department of Education;

          State Board for Technical and Comprehensive Education;

          Educational Television Commission;

          Wil Lou Gray Opportunity School;

          School for the Deaf and the Blind;

          John de la Howe School;

          Debt Service on Capital Improvement Bonds Applicable to

          Above Agencies;

          Debt Service on School Bonds;

          Other School Purposes.

     Nothing contained herein shall be construed as diminishing the educational funding requirements of this section.

     117.2.   (GP: Appropriations From Funds)  Subject to the terms and conditions of this act, the sums of money set forth in this part, if so much is necessary, are appropriated from the General Fund of the State, the Education Improvement Act Fund, the Highways and Public Transportation Fund, and other applicable funds, to meet the ordinary expenses of the state government for Fiscal Year 2014-15, and for other purposes specifically designated.

     117.3.   (GP: Fiscal Year Definitions)  For purposes of the appropriations made by this part, “current fiscal year” means the fiscal year beginning July 1, 2014, and ending June 30, 2015, and “prior fiscal year” means the fiscal year beginning July 1, 2013, and ending June 30, 2014.

     117.4.   (GP: Descriptive Proviso Titles)  Descriptive proviso titles listed in this act are for purposes of identification only and are not to be considered part of the official text.

     117.5.   (GP: Judicial & Involuntary Commitment, Defense of Indigents)  It is the responsibility of all agencies, departments and institutions of state government, to provide at no cost and as a part of the regular services of the agency, department or institutions such services as are necessary to carry out the provisions of Chapter 52, Title 44 (Involuntary Commitment), Article 7, Chapter 17, Title 44 of the 1976 Code (Judicial Commitment), Chapter 3, Title 17 of the 1976 Code (Defense of Indigents), and Article 1, Chapter 3, Title 16 of the 1976 Code (Death Penalty), as amended, upon request of the Judicial Department and/or the appropriate court.  To this end, state agencies are directed to furnish to the Judicial Department a list of their employees who are competent to serve as court examiners. The Judicial Department shall forward a copy of this list to the appropriate courts, and the courts shall utilize the services of such state employees whenever feasible.  State employees shall receive no additional compensation for performing such services.  For the purpose of interpreting this section, employees of the Medical University of South Carolina and individuals serving an internship or residency as an academic requirement or employees who are not full-time state employees and who are not performing duties as state employees are not considered state employees.

     117.6.   (GP: Case Service Billing Payments Prior Year)  Agencies appropriated case services funds who routinely receive prior year case service billings after the old fiscal year has been officially closed are authorized to pay these case service obligations with current funds.  This authorization does not apply to billings on hand that have been through a timely agency payment approval process when the old fiscal year closes.

     117.7.   (GP: Fee Increases)  (A)  No state agency, department, board, committee, commission, or authority, may increase an existing fee for performing any duty, responsibility, or function unless the fee for performing the particular duty, responsibility, or function is authorized by statutory law and set by regulation except as provided in this paragraph.

          (B)    This paragraph does not apply to:

              (1)    state-supported governmental health care facilities;

              (2)    state-supported schools, colleges, and universities;

              (3)    educational, entertainment, recreational, cultural, and training programs;

              (4)    the State Board of Financial Institutions;

              (5)    sales by state agencies of goods or tangible products produced for or by these agencies;

              (6)    charges by state agencies for room and board provided on state-owned property;

              (7)    application fees for recreational activities sponsored by state agencies and conducted on a draw or lottery basis;

              (8)    court fees or fines levied in a judicial or adjudicatory proceeding;

              (9)    the South Carolina Public Service Authority or the South Carolina Ports Authority.

          (C)    This paragraph does not prohibit a state agency, department, board, committee, or commission from increasing fees for services provided to other state agencies, departments, boards, committees, commissions, political subdivisions, or fees for health care and laboratory services regardless of whether the fee is set by statute.

          (D)   Statutory law for purposes of this paragraph does not include regulations promulgated pursuant to the State Administrative Procedures Act.

     117.8.   (GP: State Institutions - Revenues & Income)  The University of South Carolina, Clemson University, the Medical University of South Carolina (including the Medical University Hospital), The Citadel, Winthrop University, South Carolina State University, Francis Marion University, University of Charleston, Lander University, Coastal Carolina University, and the Wil Lou Gray Opportunity School shall remit all revenues and income, collected at the respective institutions, to the State Treasurer according to the terms of Section 117.1 of this act, but all such revenues or income so collected, except fees received as regular term tuition, matriculation, and registration, shall be carried in a special continuing account by the State Treasurer, to the credit of the respective institutions, and may be requisitioned by said institutions, in the manner prescribed in Section 11-3-185 of the 1976 Code, and expended to fulfill the purpose for which such fees or income were levied, but no part of such income shall be used for permanent improvements without the express written approval of the Budget and Control Board and the Joint Legislative 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 necessary to supply the service, or fulfill the purpose for which such fee or income was charged.  Notwithstanding other provisions of this act, funds at state institutions of higher learning derived wholly from athletic or other student contests, from the activities of student organizations, and from the operations of canteens and bookstores, and from approved Private Practice plans at institutions and affiliated agencies may be retained at the institution and expended by the respective institutions only in accord with policies established by the institution’s Board of Trustees. Such funds shall be audited annually by the State but the provisions of this act concerning unclassified personnel compensation, travel, equipment purchases and other purchasing regulations shall not apply to the use of these funds.

     117.9.   (GP: Transfers of Appropriations)  Agencies and institutions shall be authorized to transfer appropriations within programs and within the agency with notification to the Executive Budget Office and Comptroller General.  No such transfer may exceed twenty percent of the program budget.  Upon request, details of such transfers may be provided to members of the General Assembly on an agency by agency basis.  Transfers of appropriations from personal service accounts to other operating accounts or from other operating accounts to personal service accounts may be restricted to any established standard level set by the Budget and Control Board upon formal approval by a majority of the members of the Budget and Control Board.

     117.10.     (GP: Federal Funds - DHEC, DSS, DHHS - Disallowances)  Amounts appropriated to the Department of Health and Environmental Control, Department of Social Services and Department of Health and Human Services may be expended to cover program operations of prior fiscal years where adjustment of such prior years are necessary under federal regulations or audit exceptions.  All disallowances or notices of disallowances by any federal agency of any costs claimed by these agencies shall be submitted to the State Auditor, the Senate Finance Committee and the House Ways and Means Committee, within five days of receipt of such actions.

     117.11.     (GP: Fixed Student Fees)  During the current fiscal year, student fees at the state institutions of higher learning shall be fixed by the respective Boards of Trustees as follows:

          (1)    Fees applicable to student housing, dining halls, student health service, parking facility, laundries and all other personal subsistence expenses shall be sufficient to fully cover the total direct operating and capital expenses of providing such facilities and services over their expected useful life except those operating or capital expenses related to the removal of asbestos.

          (2)    Student activity fees may be fixed at such rates as the respective Boards shall deem reasonable and necessary.

     117.12.     (GP: Tech Educ. Colleges Student Activity Fees)  Notwithstanding any other provisions of this act, funds at technical education colleges derived wholly from the activities of student organizations and from the operations of canteens and bookstores may be retained by the college and expended only in accord with policies established by the respective college’s area commission and approved by the State Board for Technical and Comprehensive Education.

     117.13.     DELETED

     117.14.     (GP: Discrimination Policy)  It is the policy of the State of South Carolina to recruit, hire, train, and promote employees without discrimination because of race, color, sex, national origin, age, religion or physical disability.  This policy is to apply to all levels and phases of personnel within state government, including but not limited to recruiting, hiring, compensation, benefits, promotions, transfers, layoffs, recalls from layoffs, and educational, social, or recreational programs.  It is the policy of the State to take affirmative action to remove the disparate effects of past discrimination, if any, because of race, color, sex, national origin, age, religion or physical disability.

     Each state agency shall submit to the State Human Affairs Commission employment and filled vacancy data by race and sex by October thirty-first, of each year.

     In accordance with Section 1-13-110 of the South Carolina Code of Laws of 1976, as amended, the Human Affairs Commission shall submit a report on the status of state agencies’ Affirmative Action Plans and Programs to the General Assembly by February first each year. 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 period, a breakdown by race and sex of those hired or promoted from within the agency during the reporting period, and an indication of whether affirmative action goals were achieved.  For each job group referenced in the Human Affairs report, where the hiring of personnel does not reflect the percentage goals established in the agency’s affirmative action plan for the year in question, the state agency shall submit a detailed explanation to the Human Affairs Commission by February fifteenth, explaining why goals were not achieved.

     The Human Affairs Commission shall review the explanations and notify the Budget and Control Board of any agency not in satisfactory compliance with meeting its stated goals.

     The Budget and Control Board shall notify any agency not in compliance that their request for additional appropriations for the current appropriation cycle, may not be processed until such time as the Budget and Control Board, after consultation with the Human Affairs Commission, is satisfied that the agency is making a good faith effort to comply with its affirmative action plan, and that the compliance must be accomplished within a reasonable length of time to be determined by the mission and circumstances of the agency.  This requirement shall not affect additional appropriation requests for public assistance payments or aid to entities.  This section does not apply to those agencies that have been exempted from the reporting requirements of the Human Affairs Commission.

     117.15.     (GP: Personal Service Reconciliation, FTEs)  In order to provide the necessary control over the number of employees, the Executive Budget Office is hereby directed to maintain close supervision over the number of state employees, and to require specifically the following:

          (1)    That no state agency exceed the total authorized number of full-time equivalent positions and those funded from state sources as provided in each section of this act except by majority vote of the Budget and Control Board.

          (2)    That the Executive Budget Office shall maintain and make, as necessary, periodic adjustments thereto, an official record of the total number of authorized full-time equivalent positions by agency for state and total funding sources.

              (a)    That within thirty days of the passage of the Appropriation Act or by August first, whichever comes later, each agency of the State must have established on the Executive Budget Office records all positions authorized in the Act.  After that date, the office shall delete any non-established positions immediately from the official record of authorized full-time equivalent positions.  No positions shall be established by the office in excess of the total number of authorized full-time equivalent positions.  Each agency may, upon notification to the Executive Budget Office, change the funding source of state FTE positions established on the Executive Budget Office records as necessary to expend federal and other sources of personal service funds to conserve or stay within the state appropriated personal service funds.  No agency shall change funding sources that will cause the agency to exceed the authorized number of state or total full-time equivalent positions.  Each agency may transfer FTE’s between programs as needed to accomplish the agency mission.

              (b)    That by September thirtieth, the office shall prepare a personal service analysis, by agency, which shows the number of established positions for the fiscal year and the amount of funds required, by source of funds, to support the FTE’s for the fiscal year at a funding level of one hundred percent.  The office shall then reconcile each agency’s personal service detail with the agency’s personal service appropriation as contained in the Act adjusted for any pay increases and any other factors necessary to reflect the agency’s personal service funding level.  The office shall provide a copy of each agency’s personal service reconciliation to the Senate Finance and House Ways and Means Committees.

              (c)    That any position which is shown by the reconciliation to be unfunded or significantly underfunded may be deleted at the direction of the Budget and Control Board.

          (3)    That full-time equivalent (FTE) positions shall be determined under the following guidelines:

              (a)    The annual work hours for each FTE shall be the agency’s full-time standard annual work hours.

              (b)    The state FTE shall be derived by multiplying the state percentage of budgeted funds for each position by the FTE for that position.

              (c)    All institutions of higher education shall use a value of 0.75 FTE for each position determined to be full-time faculty with a duration of nine months.

     The FTE method of accounting shall be utilized for all authorized positions.

          (4)    That the number of positions authorized in this act shall be reduced in the following circumstances:

              (a)    Upon request by an agency.

              (b)    When anticipated federal funds are not made available.

              (c)    When the Executive Budget Office, through study or analysis, becomes aware of any unjustifiable excess of positions in any state agency.

          (5)    That the Executive Budget Office shall annually reconcile personal service funds with full-time employee count.  Unfunded positions will be eliminated no later than January fifteenth of the current fiscal year unless specifically exempted elsewhere in this act or by the Executive Budget Office.  The Executive Budget Office must report the full-time employee count and unfunded position status to the Senate Finance Committee and the Ways and Means Committee by February first of the current fiscal year.

          (6)    That no new permanent positions in state government shall be funded by appropriations in acts supplemental to this act but temporary positions may be so funded.

          (7)    That the provisions of this section shall not apply to personnel exempt from the State Classification and Compensation Plan under item I of Section 8-11-260 of the 1976 Code.

     The Governor, in making his appropriation recommendations to the Ways and Means Committee, must provide that the level of personal service appropriation recommended for each agency is at least ninety‑seven percent of the funds required to meet one hundred percent of the funds needed for the full-time equivalents positions recommended by the Governor (exclusive of new positions).

     117.16.     (GP: Allowance for Residences & Compensation Restrictions)  That salaries paid to officers and employees of the State, including its several boards, commissions, and institutions shall be in full for all services rendered, and no perquisites of office or of employment shall be allowed in addition thereto, but such perquisites, commodities, services or other benefits shall be charged for at the prevailing local value and without the purpose or effect of increasing the compensation of said officer or employee.  The charge for these items may be payroll deducted at the discretion of the Comptroller General or the chief financial officer at each agency maintaining its own payroll system.  This shall not apply to the Governor’s Mansion, nor to guards at any of the state’s penal institutions and nurses and attendants at the Department of Disabilities and Special Needs, and registered nurses providing clinical care at the MUSC Medical Center, 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, nor to full-time or part-time staff who work after regular working hours in the SLED Communications Center or Maintenance Area, nor to adult staff at the Governor’s School for Science and Mathematics and the Governor’s School for Arts and Humanities who are required to stay on campus by the institution because of job requirements or program participation.  Any state institution of higher learning may provide complimentary membership privileges to employees who work at their wellness centers.  The presidents of those state institutions of higher learning authorized to provide on-campus residential facilities for students may be permitted to occupy residences on the grounds of such institutions without charge.

     Any state institution of higher learning may provide a housing allowance to the president in lieu of a residential facility, the amount to be approved by the Budget and Control Board.

     That the following may be permitted to occupy residences owned by the respective departments without charge:  the Farm Director, Farm Managers, and Specialists employed at the Wateree River Correctional Institution; the South Carolina State Commission of Forestry fire tower operators, forestry aides, and caretaker at central headquarters; the Department of Natural Resources’ Game Management Personnel, Fish Hatchery Personnel, and Fort Johnson Superintendent; the Department of Parks, Recreation and Tourism field personnel in the State Parks Division; Director of Wil Lou Gray Opportunity School; President of the School for the Deaf and the Blind; houseparents for the Commission for the Blind; South Carolina Department of Health and Environmental Control personnel at the State Park Health Facility and Camp Burnt Gin; Residence Life Coordinators at Lander University; Residence Life Directors, temporary and transition employees, student interns, and emergency personnel at Winthrop University; Farm Superintendent at Winthrop University; Residence Hall Directors at the College of Charleston; the Department of Disabilities and Special Needs’ physicians and other professionals at Whitten Center, Clemson University Off-Campus Agricultural Staff and Housing Area Coordinators; and TriCounty Technical College’s Bridge to Clemson Resident and Area Directors.  Except in the case of elected officials, the fair market rental value of any residence furnished to a state employee shall be reported by the state agency furnishing the residence to the Agency Head Salary Commission, and the Division of Budget and Analyses by October first of each fiscal year.

     All salaries paid by departments and institutions shall be in accord with a uniform classification and compensation plan, approved by the Budget and Control Board, applicable to all personnel of the State Government whose compensation is not specifically fixed in this act. Such plan shall include all employees regardless of the source of funds from which payment for personal service is drawn.  The Division of Budget and Analyses of the Budget and Control Board is authorized to approve temporary salary adjustments for classified and unclassified employees who perform temporary duties which are limited by time and/or funds.  When approved, a temporary salary 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 personnel of the institutions of higher learning and other individual or group of positions that cannot practically be covered by the plan may be excluded therefrom but their compensations as approved by the Division of Budget and Analyses shall, nevertheless, be subject to review by the Budget and Control Board.  Salary appropriations for employees fixed in this act shall be in full for all services rendered, and no supplements from other sources shall be permitted or approved by the Budget and Control Board.  With the exception of travel and subsistence, legislative study committees shall not compensate any person who is otherwise employed as a full-time state employee.  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 head whose salary is not so fixed.  As long as there is no impact on appropriated funds, state agencies and institutions shall be allowed to spend public funds and/or other funds for designated employee award programs which shall have written criteria approved by the agency governing board or commission.  For purposes of this section, monetary awards, if any, shall not be considered a part of an employee’s base salary, a salary supplement, or a perquisite of employment.  The names of all employees receiving monetary awards and the amounts received shall be reported annually to the South Carolina Division of Budget and Analyses.

     In the case of lodging furnished by certain higher education institutions to employees, the prevailing local rate does not apply if the institution meets the exceptions for inadequate rent described in the current Internal Revenue Code Section 119(d)(2).  To meet the exception, rental rates must equal the lesser of five percent of the appraised value of the qualified campus lodging, or the average of the rentals paid by individuals (other than employees or students of the educational institution) during the calendar year for lodging provided by the educational institution which is comparable to the qualified campus lodging provided to the employee, over the rent paid by the employee for the qualified campus lodging during the calendar year.  The appraised value shall be determined as of the close of the 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 year in which the period begins.

     117.17.     (GP: Universities & Colleges - Allowance for Presidents)  Presidents of the University of South Carolina, Clemson University, the Medical University of South Carolina, The Citadel, Winthrop University, South Carolina State University, Francis Marion University, University of Charleston, Coastal Carolina University and Lander University must not be paid a fixed allowance for personal expenses incurred in connection with the performance of their official duties.  Reimbursements may be made to the presidents from funds available to their respective institutions for any personal expenses incurred provided that all requests for reimbursement are supported by properly documented vouchers processed through the normal accounting procedures of the institutions.

     117.18.     (GP: Replacement of Personal Property)  The Department of Juvenile Justice, Department of Corrections, Department of Probation, Parole and Pardon Services, Department of Mental Health, Department of Disabilities and Special Needs, Continuum of Care, Department of Social Services and School for the Deaf and the Blind may replace the personal property of an employee which has been damaged or destroyed 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 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 the agency head to be reasonable in value, and necessary for the employee to carry out the functions and duties of his employment.  Replacement of damaged or destroyed items shall not exceed $250 per item, per incident.  Each agency must have guidelines to insure the reasonableness of the replacement payments.

     117.19.     (GP: Business Expense Reimbursement)  Agency heads and deputy commissioners or deputy directors designated by agency heads may receive reimbursements for business expenses incurred while performing their official duties, provided that receipts are presented when seeking reimbursement and justification is submitted to document the time, place, and purpose of the expense as well as the names of the individuals involved.  The Budget and Control Board shall promulgate regulations governing these expenses.

     117.20.     (GP: Per Diem)  The per diem allowance of all boards, commissions and committees shall be at the rate of $35 per day.  No full-time officer or employee of the State shall draw any per diem allowance for service on such boards, commissions or committees.

     117.21.     (GP: Travel - Subsistence Expenses & Mileage)  Travel and subsistence expenses, whether paid from state appropriated, federal, local or other funds, shall be allowed in accordance with the following provisions:

          (A)   Unless otherwise provided in paragraphs B through H of this section, all employees of the State of South Carolina or any agency thereof including employees and members of the governing bodies of each technical college while traveling on the business of the State shall, upon presentation of a paid receipt, be allowed reimbursement for actual expenses incurred for lodging, not to exceed the current maximum lodging rates, excluding taxes, established by the U.S. General Services Administration.  The lodging reimbursement for employees of a school district must also conform to these rates when that employee’s travel reimbursement is paid by state funds that are transferred to the school district.  Agencies may contract with lodging facilities to pay on behalf of an employee.  Failure to maintain proper control of direct payments for lodging may result in the revocation of the agency’s authority by the Comptroller General or the State Auditor.  The employee shall also be reimbursed 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 Carolina.  For travel outside of South Carolina the maximum daily reimbursement for meals shall not exceed $32.  Agencies may contract with food or dining facilities to pay for meals on behalf of employees in accordance with rules and regulations established by the Budget and Control Board.  It shall be the responsibility of the agency head to monitor the charges for lodging which might be claimed by his employees in order to determine that such charges are following maximum lodging rates as established by the U.S. General Services Administration.  Any exceptions must have the written approval of the agency head, taking into consideration location, purpose of travel or other extenuating circumstances.  The provisions of this item shall not apply to Section 42-3-40 of the 1976 Code, and when pertaining to institutions of higher learning, for travel paid with funds other than General Funds.

          (B)    That employees of the State, when traveling outside the United States, Canada, and Puerto Rico upon promotional business for the State of South Carolina shall be entitled to actual expenses for both food and lodging.

          (C)    The Governor, Lieutenant Governor, Secretary of State, Comptroller General, Attorney General, State Treasurer, Adjutant General, Superintendent of Education and the Commissioner of Agriculture shall be reimbursed actual expenses for subsistence.

          (D)   Non-legislative members of committees appointed pursuant to Acts and Resolutions of the General Assembly whose membership consists solely of members of the General Assembly or members of the General Assembly and other personnel who are not employees of the State of South Carolina shall be allowed subsistence expenses of $35 per day while traveling on official business, unless otherwise designated by law.  Members of such committees may opt to receive actual expenses incurred for lodging and actual expenses incurred in the obtaining of meals in lieu of the allowable subsistence expense.

          (E)    Members of the state boards, commissions, or committees whose duties are not full-time and who are paid on a per diem basis, shall be allowed reimbursement for actual expenses incurred at the rates provided in paragraph A and I of this section while away from their places of residence on official business of the State.  One person accompanying a handicapped member of a state board, commission, or committee on official business of the State shall be allowed the same reimbursement for actual expenses incurred at the rates provided in paragraph A through I of this section.

          (F)    No subsistence reimbursement shall be allowed to a Justice of the Supreme Court or Judge of the Court of Appeals while traveling in the county of his official residence.  When traveling on official business of said court within fifty miles outside the county of his official residence, a Supreme Court Justice and a Judge of the Court of Appeals shall be allowed subsistence expenses in the amount of $35 per day plus such mileage allowance for travel as is provided for other employees of the State.  When traveling on official business of said court fifty or more miles outside the county of his official residence, each Justice and Judge of the Court of Appeals shall be allowed subsistence expenses in the amount as provided in this act for members of the General Assembly plus such mileage allowance for travel as is provided for other employees of the State.  The Chief Justice, or such other person as the Chief Justice designates, while attending the Conference of Chief Justices and one member of the Supreme Court while attending the National Convention of Appellate Court Judges, and three Circuit Judges while attending the National Convention of State Trial Judges shall be allowed actual subsistence and travel expenses.

     Upon approval of the Chief Justice, Supreme Court Justices, Judges of the Court of Appeals, Circuit Judges, and Family Court Judges shall be reimbursed for actual expenses incurred for all other official business requiring out-of-state expenses at the rate provided in paragraph A of this section.

          (G)   No subsistence reimbursements are allowed to a Circuit Judge, a Family Court Judge, or an Administrative Law Judge while holding court within the county in which he resides.  While holding court or on other official business outside the county, within fifty miles of his residence, a Circuit Court Judge, Family Court Judge, or an Administrative Law Judge is entitled to a subsistence allowance in the 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 other official business at a location fifty miles or more from his residence, a Circuit Court, Family Court or Administrative Law Judge is entitled to a subsistence allowance in the amount as provided in this act for members of the General Assembly plus such mileage allowance for travel as is provided for other employees of the State.

          (H)   Any retired Justice, Circuit Court Judge or Family Court Judge or Master-in-Equity appointed by the Supreme Court to serve as a Special Circuit Judge, Family Court Judge, Appeals Court Judge, or Acting Associate Justice shall serve without pay but shall receive the same allowance for subsistence, expenses, and mileage as provided in Part I for Circuit Court Judges.

          (I)     No expense shall be allowed an employee either at his place of residence or at the official headquarters of the agency by which he is employed except as provided in paragraph E, of this section.  When an employee is assigned to work a particular territory or district, and such territory or district and his official headquarters are in different localities or sections of the State, expenses may be allowed for the necessary travel to his official headquarters.  The members of the Workers’ Compensation Commission may be reimbursed at the regular mileage rate of one round trip each week from their respective homes to Columbia.  No subsistence reimbursement shall be allowed to a member of the Workers’ Compensation Commission while traveling in the county of his official residence.  When traveling on official business of the commission outside the county of his official residence, a member of the Workers’ Compensation Commission shall be allowed subsistence expenses in the amount of $35 per day.  When traveling on official business of the commission fifty or more miles outside the county of his official residence, each member shall be allowed a subsistence allowance in the amount as provided in this act for members of the General Assembly.  When out-of-state, members of the Workers’ Compensation Commission and the members of the Appellate Panel of the Department of Employment and Workforce may claim the established amount of per diem, as stated in the General Appropriation Act, or actual expenses as deemed reasonable by the Comptroller General.  The members of the Appellate Panel of the Department of Employment and Workforce may be reimbursed at the regular mileage rate when the member is on official business fifty miles or more outside of Columbia.  The members of the Appellate Panel of the Department of Employment and Workforce shall be allowed subsistence allowance in the amount as provided in this act for members of the General Assembly when the member is on official business fifty miles or more outside of Columbia.

          (J)     When an employee of the State shall use his or her personal automobile in traveling on necessary official business, a charge to equal the standard business mileage rate as established by the Internal Revenue Service will be allowed for the use of such automobile and the employee shall bear the expense of supplies and upkeep thereof.  The standard business mileage rate used in this calculation shall be the current rate established by the Internal Revenue Service.  Whenever state provided motor pool vehicles are reasonably available and their use is practical and an employee of the State shall request for his own benefit to use his or her personal vehicle in traveling on necessary official business, a charge of four cents per mile less than the standard business mileage rate as established by the Internal Revenue Service will be allocated for the use of such vehicle and the employee shall bear the expense of supplies and upkeep thereof.  The standard business mileage rate used in this calculation shall be the current rate established by the Internal Revenue Service.  When such travel is by a state-owned automobile, the State shall bear the expense of supplies and upkeep thereof but no mileage will be allowed.  Agencies and employees are directed to use state fueling facilities to the maximum extent possible, when such use is cost beneficial to the State.  When using commercial fueling facilities, operators of State-owned vehicles are directed to use self-service pumps.  In traveling on the business of the State, employees are required to use the most economical mode of transportation, due consideration being given to urgency, schedules and like factors.

          Mileage between an employee’s home and his/her place of employment is not subject to reimbursement.  However, when an employee 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 reimbursement for actual mileage beginning at his/her residence.

          (K)    That a state agency may advance travel and subsistence expense monies to employees of that agency for the financing of ordinary and necessary travel required in the conducting of the business of the agency.  The Budget and Control Board is directed to develop and publish rules and regulations pertaining to the advancing of travel expenses and no state agency shall make such advances except under the rules and regulations as published.  All advances for travel and subsistence monies shall be repaid to the agency within thirty days after the end of the trip or by July fifteenth, whichever comes first.

          (L)    That the state institutions of higher learning are authorized to reimburse reasonable relocation expenses for new employees when such reimbursements are considered by the agency head to be essential to successful recruitment of professionally competent staff members.

          (M)  The Budget and Control Board is authorized to promulgate and publish rules and regulations governing travel and subsistence payments.

          (N)   No state funds may be used to purchase first class airline tickets.

     117.22.     (GP: Organizations Receiving State Appropriations Report)  Each organization receiving a contribution in this act shall render to the state agency making the contribution by November first of the fiscal year in which funds are received, an accounting of how the state 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 statement.  The funds appropriated in this act for contributions shall not be expended until the required financial statements are filed with the appropriate state agency.  No funds in this act shall be disbursed to organizations or purposes which practice discrimination against persons by virtue of race, creed, color or national origin.  The State Auditor shall review and audit, if necessary, the financial structure and activities of each organization receiving contributions in this act and make a report to the General Assembly of such review and/or audit, when requested to do so by the Budget and Control Board.

     117.23.     (GP: State Owned Aircraft - Flight Logs)  Each agency having in its custody one or more aircraft shall maintain a continuing log on all flights, which in order to promote accountability and transparency shall be open for public inspection and shall also be posted online.  Any and all aircraft owned or operated by agencies of the State Government shall be used only for official business.  The Division of Aeronautics and other agencies owning and operating aircraft may furnish transportation to the Governor, Constitutional Officers, members of the General Assembly, members of state boards, commissions, and agencies and their invitees for official business only; no member of the General Assembly, no member of a state board, commission, or committee, and no state official shall use any state owned or operated aircraft unless the member or official files within twenty-four hours after the completion of the flight with the agency that provided the flight a sworn statement certifying and describing the official nature of his trip; and no member of the General Assembly, no member of a state board, commission or committee, and no state official shall be furnished air transportation by a state agency unless such agency prepares and maintains in its files a sworn statement from the highest ranking official of the agency or its designee certifying that the member’s or state official’s trip was in conjunction with the official business of the agency.  Official business shall not include routine transportation to and from meetings of the General Assembly or committee meetings for which mileage is authorized.  Official business also does not include attending a press conference, bill signing, or political function.

     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 agency.  All passengers shall be listed on the flight log by their legal name; passengers flying with an appropriate official of SLED or the Department of Commerce whose confidentiality must, in the opinion of SLED or the department, be protected shall be listed in writing on the flight log as “Confidential Passenger SLED or the Department of Commerce (strike one)” and the appropriate official of SLED or the department shall certify to the agency operating the aircraft the necessity for such confidentiality.  The Division of Aeronautics shall post its flight logs on its website within one working day of completion of trips.

     Violation of the above provisions of this section is prima facie evidence of a violation of Section 8-13-700(A) of the 1976 Code and shall subject a violating member of the General Assembly to the ethics procedure of his appropriate house and shall subject a violating member of a state board, commission or committee, or a state official to the applicable ethics procedure relating to them as provided by law.  The above provisions do not apply to state owned or operated aircraft when used by the Medical University of South Carolina, nor to aircraft of the athletic department or the educational foundations of any state-supported institution of higher education, nor to law enforcement officers when flying on state owned aircraft in pursuit of fugitives, missing persons, or felons or for investigation of gang, drug, or other violent crimes.

     Aircraft owned by agencies of state government shall not be leased to individuals for their personal use.

     117.24.     (GP: Carry Forward)  Each agency is authorized to carry forward unspent general fund appropriations from the prior fiscal year into the current fiscal year, up to a maximum of ten percent of its original general fund appropriations less any appropriation reductions for the current fiscal year.  Agencies shall not withhold services in order to carry forward general funds.

     This provision shall be suspended if necessary to avoid a fiscal year‑end general fund deficit.  For purposes of this proviso, the amount of the general fund deficit shall be determined after first applying the Capital Reserve Fund provisions in Section 11-11-320(D) of the 1976 Code, and before any transfers from the General Reserve.  The amount of general funds needed to avoid a year-end deficit shall be reduced proportionately from each agency’s carry forward amount.

     Agencies which have separate general fund carry forward authority must exclude the amount carried forward by such separate authority from their base for purposes of calculating the ten percent carry forward authorized herein.  Any funds that are carried forward as a result of this provision are not considered part of the base of appropriations for any succeeding years.

     117.25.     (GP: TEFRA-Tax Equity and Fiscal Responsibility Act)  It is the intent of the General Assembly that the State Medicaid Plan be amended to provide benefits for disabled children as allowed by the Tax Equity and Fiscal Responsibility Act (TEFRA) option.  State agencies, including but not limited to, the Department of Social Services - the Continuum of Care, the Department of Health and Environmental Control, the Department of Mental Health, the Department of Disabilities and Special Needs, and the Department of Health and Human Services shall collectively review and identify existing state appropriations within their respective budgets that can be used as state match to serve these children.  Such funds shall be used effective January 1, 1995 to implement TEFRA option benefits.  Agencies providing services under the provisions of this paragraph must not spend less in the current fiscal year than expended in the previous fiscal year.

     117.26.     DELETED

     117.27.     (GP: Prison Industries)  All agencies funded in this act, when procuring goods and services, shall first consider contracting for services or purchasing goods and services through the Department of Corrections’ Prison Industries Program.  The Department of Corrections shall furnish, upon request, to all agencies a catalogue of goods and services provided by Prison Industries.  The department is hereby directed to develop and market a catalogue of Prison Industries products for nationwide circulation.

     117.28.     (GP: Travel Report)  Annually on November first, the Comptroller General shall issue a report on travel expenditures for the prior fiscal year which shall be distributed to the Senate Finance Committee, the House Ways and Means Committee, and the Statehouse Press Room.  The Comptroller General may use up to $500 of general fund appropriations for the purpose of providing copies to the media or the public upon request.  The report must contain a listing for every agency receiving an appropriation in the annual General Appropriations Act.  The listing must show at a minimum the top ten percent of employees for whom travel expenses and registration fees were paid within each agency, not to exceed twenty-five employees per agency.  Agencies should include position titles for each of the top twenty-five travelers for each agency.  Expenditures must include state, federal and other sources of funds.  Expenditures for in-state and out‑of-state registration fees (fees to attend conferences, teleconferences, workshops, or seminars for training on a per person basis) must be shown as a separate subtotal within the grand total for the individual employees and the agency as a whole.  The 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.  Agencies should include a brief summary of the type of travel the agency incurs.  The Comptroller General may provide additional information as deemed appropriate.  The Comptroller General shall provide no exceptions to this report in that the information contained is not considered confidential or restricted for economic development purposes.  However, further disclosure of detailed information shall be restricted as provided for by law.

     117.29.     (GP: School Technology Initiative)  From the funds appropriated/authorized for the K-12 technology initiative, the Department of Education, in consultation with the Budget and Control Board’s Division of State Information Technology, the State Library, the Educational Television Commission, and a representative from the Education Oversight Committee, shall administer the K-12 technology initiative funds.  These funds are intended to provide technology, encourage effective use of technology in K-12 public schools throughout the state, conduct cost/benefit analyses of the various technologies, and should, to the maximum extent possible, involve public-private sector collaborative efforts.  Funds may also be used to establish pilot projects for new technologies including interactive online music curriculum that provides lesson plans, songs, videos music lessons, on-line virtual world, auto-assessments, and access site license to all elementary schools at a cost not to exceed $545,000 and that connects the learning of music with other content areas including reading, mathematics, science and history with selected school districts as part of the evaluation process.  K-12 technology initiative funds shall be retained and carried forward to be used for the same purpose.

     117.30.     (GP: State Operated Day Care Facilities Fees)  Any state agency receiving funding in this act and any higher education institution, including four-year institutions, two-year institutions, and technical colleges, that operates an early childhood development center or day care facility shall charge, at a minimum, fees that are comparable to those charged by private day care facilities in the local community. The institution or agency shall not restrict enrollment in the center solely to the children of faculty, staff, and students of the institution; nor shall fees be set at a lower level for faculty, staff, or students of the institution or agency.

     117.31.     (GP: Base Budget Analysis)  Agencies’ annual accountability reports for the prior fiscal year, as required in Section 1‑1-810, must be accessible to the Governor, Senate Finance Committee, House Ways and Means Committee, and to the public on or before September fifteenth, for the purpose of a zero-base budget analysis and in order to ensure that the Agency Head Salary Commission has the accountability reports for use in a timely manner.  Accountability Report guidelines shall require agencies to identify key program area descriptions and expenditures and link these to key financial and performance results measures.  The Executive Budget Office is directed to develop a process for training agency leaders on the annual agency accountability report and its use in financial, organizational, and accountability improvement.  Until performance-based funding is fully implemented and reported annually, the state supported colleges, universities and technical schools shall report in accordance with Section 59-101-350.

     117.32.     (GP: Collection on Dishonored Payments)  In lieu of any other provision of law, any state agency may collect a service charge as provided in Section 34-11-70 to cover the costs associated with the processing and collection of dishonored instruments or electronic payments where any amount is not paid by the drawee due to insufficient funds on deposit with the bank or the person upon which it was drawn when presented, or the instrument has an incorrect or insufficient signature on it.  Such funds shall be retained and expended by the agency in accordance with this purpose and any unused amount shall carry forward to the following fiscal year.

     117.33.     (GP: State DNA Database)  Funds collected by the South Carolina Department of Corrections, the Department of Probation, Parole and Pardon, and Department of Juvenile Justice to process DNA samples must be remitted to the State Law Enforcement Division to offset the expenses incurred to operate the State DNA Database program.  SLED may retain, expend, and carry forward these funds.  Any carry forward funds resulting from the DNA Database program must be used solely to operate the DNA Database program.

     117.34.     DELETED

     117.35.     (GP: Voluntary Separation Incentive Program)  State agencies may implement, in consultation with the Human Resources Division of the Budget and Control Board, a program to realign resources to include provisions for a separation incentive payment for employees which may include the employer portion of health and dental benefits not to exceed one year.  Employees participating in such program shall not be eligible to participate in the Teacher and Employee Retention Incentive (TERI) program.  Employees participating in such program shall be considered to have voluntarily quit their employment without good cause and be subject to the provisions of Section 41-35-120(1) of the South Carolina Employment Security Law.  Any program developed under this provision will involve voluntary participation from employees and will be funded within existing appropriations.  The program must be approved by the agency head and the Director of the Human Resources Division based on ability to demonstrate recurring cost savings for realignment and/or permanent downsizing.  State agencies shall report the prior year’s results to the Budget and Control Board by August fifteenth, of the current fiscal year.  The Budget and Control Board, upon request, shall report to the Senate Finance Committee and the House Ways and Means Committee on these results.

     117.36.     (GP: Alternative Commitment to Truancy)  As part of its plan for an alternative school, a school district receiving funds from the Department of Education for an alternative school shall identify available alternatives to commitment for children whose truancy is approaching the level of being referred to family court.  When proceeding under S.C. Code Section 59-65-50 to bring an individual case before the family court, the school district must present this plan as well as the district’s efforts with respect to the individual child to the court.  Each school district’s plan under this proviso shall include possible assignment to alternative school for a non-attending child before petitioning the court.

     117.37.     (GP: Debt Collection Reports)  Each state agency shall provide to the Chairmen of the Senate Finance and House of Representatives Ways and Means Committees and the Inspector General a report detailing the amount of its outstanding debt and all methods it has used to collect that debt.  This report is due by the last day of February for the previous calendar year.  For purposes of this provision, outstanding debt means a sum remaining due and owed to a state agency by a non-governmental entity for more than sixty calendar days.

     117.38.     (GP: State Funded Libraries - Web Filters)  (A)  A library receiving state funds, directly, indirectly, by grant, or otherwise, other than a library at an institution of higher learning, that has computers available for use by the public or students, or both, must equip these computers with software incorporating web-filtering technology designed to eliminate or reduce the ability of the computer to access sites displaying pornographic pictures or text.  However, up to ten percent, and at least one, of the library’s computers must be unfiltered.  Each library’s governing officials shall determine the physical location of any unfiltered computer(s).  The library also must have a written policy providing sanctions against a person who instructs or demonstrates to another person how to bypass this web-filtering technology.

     (B)    State funds intended for a library not in compliance with subsection (A) must be reduced by fifty percent.  Funds resulting from this reduction must be distributed among other libraries that are in compliance with subsection (A).

     117.39.     (GP: Tobacco Settlement Funds Carry Forward)  State agencies are hereby authorized to retain and carry forward any unexpended Tobacco Settlement Agreement funds from the prior fiscal year into the current fiscal year and to expend such funds for the same purpose.

     117.40.     (GP: Use Tax Exemption)  For the current fiscal year there is exempt from the use tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code the sales price of tangible personal property purchased for use in private primary and secondary schools, including kindergartens and early childhood education programs, which are exempt from income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code.  For the purposes of this item, the Internal Revenue Code means Internal Revenue Code as described in Section 12-6-40 of the 1976 Code.  This exemption applies for sales occurring after 1995.  No refund is due any taxpayer of use tax paid on sales exempted by this paragraph.

     117.41.     (GP: Personal Property Tax Relief Fund)  For the current fiscal year, Section 12-37-2735 of the 1976 Code is suspended.  If the Personal Property Tax Exemption Sales Tax is imposed in a county and a sales tax rate of two percent of gross proceeds of sales is insufficient to offset the property tax not collected, sufficient amounts must be credited to the Trust Fund for Tax Relief established pursuant to Section 11-11-150 of the 1976 Code to provide the reimbursement to offset such a shortfall in the manner provided in Section 4-10-540(A) of the 1976 Code.

     117.42.     (GP: COG Annual Report)  Each Council of Government shall submit a report to the Senate Finance Committee and the House Ways and Means Committee by December first each year describing how the funds which they received from the State in the prior fiscal year were expended.

     117.43.     (GP: Governor’s Office, Veterans Affairs)  Of the funds appropriated for the Division of Veterans Affairs, the Director of the Division shall appoint an additional claims representative within the Division of Veterans Affairs, who, in addition to being charged with the duty of assisting all ex-servicemen, regardless of the wars in which their service may have been rendered, in filing, presenting, and prosecuting to final determination all claims which they have for money compensation, hospitalization, training, and insurance benefits under the terms of federal legislation, shall also specialize in the specific needs and diseases associated with veterans of the Vietnam era.  The person appointed as a claims representative under this section must be versed in federal legislation relating to these matters and the rules, regulations, and practice of the Veterans Administration as created by Congress and his appointment must be approved by the Governor.

     Subject to the direction of the director, and in addition to other duties prescribed in this section, the claims representative appointed pursuant to this section may represent the Division of Veterans Affairs on the South Carolina Agent Orange Advisory Council and on the Hepatitis C Coalition established by the South Carolina Department of Health and Environmental Control, assist the Division of Veterans Affairs in carrying out its duties in connection with the Agent Orange Information and Assistance program, represent the director in connection with functions relating to Vietnam veterans, and perform other duties as may be assigned by the director.

     117.44.     (GP: South Carolina Recycling Initiative)  To protect the public health and safety, protect and preserve the environment of this State, and to recover resources which have the potential for usefulness in the most environmentally safe, economically feasible and cost effective manner, state agencies shall purchase recycled steel unless the item cannot be acquired competitively at a reasonable price.

     117.45.     (GP: Life and Palmetto Fellows Scholarships Waiver Exemption)          Any provision in permanent law or in Part IB, Section 117 of this act, except that which is specified for LIFE and Palmetto Fellows Scholarships, that would require general fund appropriations other than what is specified in Part IA of this act is waived for the current fiscal year.

     117.46.     (GP: Sole Source Procurements)  The Budget and Control Board shall evaluate and determine whether the written determinations, explanations, and basis for sole source procurements, pursuant to S.C. Code Section 11-35-1560, and emergency procurements, pursuant to S.C. Code Section 11-35-1570, are legitimate and valid reasons for awarding non-competitive contracts.

     117.47.     (GP: DMV Data)  The Department of Motor Vehicles shall provide access, in compliance with all state and federal privacy protection statues, to the following data and reports without charge to the South Carolina Department of Transportation:

          (1)    all collision data and collision reports;

          (2)    registration information used for toll enforcement; and

          (3)    driver records of employees or prospective employees.

     117.48.     (GP: Parking Fees)  State agencies shall not impose additional parking fees or increases in current fees for state employees during the current fiscal year.  This provision does not apply to any college or university.

     *117.49.  (GP: Tobacco Funds)  The Tobacco Settlement Revenue Management Authority may determine by resolution that some or all of the amounts on deposit in the Healthcare Tobacco Settlement Trust Fund established pursuant to Section 11-11-170, whether in the form of principal or interest, may be used to refund bonds issued pursuant to Chapter 49, Title 11, to purchase such bonds, directly or indirectly, and/or to secure bonds issued to refund such bonds.  Any amounts received by the Authority pursuant to the preceding clause in excess of the amount required to refund or purchase such bonds and all tobacco settlement receipts received by the State pursuant to Section 11-49-130 must be deposited directly with the Department of Health and Human Services for health care expenditures to achieve the maximum Medicaid match.

     117.50.     (GP: Facility Rental Fee)  The Governor’s School for the Arts and Humanities, Governor’s School for Science and Mathematics, Wil Lou Gray Opportunity School, and John de la Howe School are authorized to charge, collect, expend and carry forward fees charged for facility and equipment rental and registration.

     117.51.     (GP: Insurance Claims)  Any insurance reimbursement to an agency may be used to offset expenses related to the claim.  These funds may be retained, expended, and carried forward.

     117.52.     (GP: Organizational Charts)  All agencies, departments and institutions of state government shall furnish to the Human Resources Division (1) a current personnel organizational chart annually no later than September first of the current fiscal year, or upon the request of the Division and (2) notification of any change to the agency’s organizational structure which impacts an employee’s grievance rights within thirty days of such change.  The organizational chart shall be in a form prescribed by the Human Resources Division showing all authorized positions, class title, class code, position number and indications as to whether such positions are filled or vacant.  In addition, the organizational chart shall clearly identify those employees who are exempt from the State Employee Grievance Procedure Act.

     117.53.     (GP: Agencies Affected by Restructuring)  Upon restructuring of state agencies by the General Assembly the Budget and Control Board is directed to work with affected State agencies in order to phase-in operations of restructured organizations during the current fiscal year.  Restructured organizations should be operating entirely under the revised structure no later than December thirty-first, of the current fiscal year, unless otherwise directed by law.  The Board is further directed to work with the affected agencies in order to identify and facilitate the transfer of any portion of their operations, including transfer of funds during the current fiscal year, which is affected by the restructured organization adopted by the General Assembly, but which has not already been accomplished herein.  Until sufficient changes can be made to the State’s accounting system and the appointment of appropriate agency heads, the Comptroller General and the State Treasurer shall allow those agencies affected by restructuring to continue processing documents within the account structure existing on June thirtieth, of the prior fiscal year.  Restructured agencies shall make all the necessary accounting adjustments to complete the transition to the new account structure as soon as possible, but no later than December thirty-first, of the current fiscal year, unless otherwise directed by law.  The Executive Budget Office is directed to prepare the subsequent detail budget to conform Part IA and corresponding provisos in this act to any restructuring changes that are ratified.

     117.54.     (GP: Agency Administrative Support Collaboration)  It is the intent of the General Assembly that state agencies continue to actively pursue cost savings measures through collaborative efforts and where feasible may combine administrative support functions with other agencies in order to maximize efficiency and effectiveness.

     117.55.     (GP: Assessment Audit / Crime Victim Funds)  If the State Auditor finds that any county treasurer, municipal treasurer, county clerk of court, magistrate, or municipal court has not properly allocated revenue generated from court fines, fines, and assessments to the crime victim funds or has not properly expended crime victim funds, pursuant to Sections 14-1-206(B)(D), 14-1-207(B)(D), 14-1-208(B)(D), and 14‑1-211(B) of the 1976 Code, the State Auditor shall notify the State Office of Victim Assistance.  The State Office of Victim Assistance is authorized to conduct an audit which shall include both a programmatic review and financial audit of any entity or non-profit organization receiving victim assistance funding based on the referrals from the State Auditor or complaints of a specific nature received by the State Office of Victim Assistance to ensure that crime victim funds are expended in accordance with the law.  Guidelines for the expenditure of these funds shall be developed by the Victim Services Coordinating Council.  The Victim Services Coordinating Council shall develop these guidelines to ensure any expenditure which meets the parameters of Article 15, Chapter 3, Title 16 is an allowable expenditure.  Any local entity or non-profit organization that receives funding from revenue generated from crime victim funds is required to submit their budget for the expenditure of these funds to the State Office of Victim Assistance within thirty days of the budget’s approval by the governing body of the entity or non-profit organization.  Failure to comply with this provision shall cause the State Office of Victim Assistance to initiate a programmatic review and a financial audit of the entity’s or non-profit organization’s expenditures of victim assistance funds.  Additionally, the State Office of Victim Assistance will place the name of the non-compliant entity or non-profit organization on their website where it shall remain until such time as they are in compliance with the terms of this proviso.  Any entity or non-profit organization receiving victim assistance funding must cooperate and provide expenditure/program data requested by the State Office of Victim Assistance.  If the State Office of Victim Assistance finds an error, the entity or non-profit organization has ninety days to rectify the error.  An error constitutes an entity or non-profit organization spending victim assistance funding on unauthorized items as determined by the State Office of Victims Assistance.  If the entity or non-profit organization fails to cooperate with the programmatic review and financial audit or to rectify the error within ninety days, the State Office of Victim Assistance shall assess and collect a penalty in the amount of the unauthorized expenditure plus $1,500 against the entity or non-profit organization for improper expenditures.  This penalty plus $1,500 must be paid within thirty days of the notification by the State Office of Victim Assistance to the entity or non-profit organization that they are in non-compliance with the provisions of this proviso.  All penalties received by the State Office of Victim Assistance shall be credited to the General Fund of the State.  If the penalty is not received by the State Office of Victim Assistance within thirty days of the notification, the political subdivision will deduct the amount of the penalty from the entity or non-profit organization’s subsequent fiscal year appropriation. 

     117.56.     (GP: H.L. Hunley Museum Location)  The General Assembly approves the City of North Charleston as the permanent site of the H.L. Hunley Museum.  This approval is contingent upon the negotiation and execution of necessary contracts between the State of South Carolina and the City of North Charleston.  The Hunley Commission is directed to expend funds from its account to negotiate and execute contracts on behalf of the State of South Carolina.

     117.57.     (GP: Secure Juvenile Confinement)  The Attorney General shall review the interpretation of the current policies of the Department of Public Safety and the Department of Corrections regarding secure juvenile confinement that the departments indicate may jeopardize federal grant funds.  The departments may not implement any changes to the current policies regarding secure juvenile confinement until the Attorney General considers the departments’ interpretation of the federal Juvenile Justice and Delinquency Prevention Act in regard to the secure holding of juveniles for more than six hours in adult detention facilities that also serve as forty-eight-hour juvenile holdover facilities.  The Attorney General will determine if the departments’ interpretation is fair and equitable and how the local governments and the Department of Juvenile Justice would be impacted, to include any financial considerations.

     117.58.     (GP: ISCEDC Funding Transfer)  The departments of Mental Health, Disabilities and Special Needs, and Juvenile Justice are directed to transfer a total of $1,199,456 in funds to the Department of Social Services for the support of the Interagency System for Caring for Emotionally Disturbed Children.  Funding transfers shall be in the following amounts:  Department of Mental Health - $595,000, Department of Disabilities and Special Needs - $379,456, and Department of Juvenile Justice - $225,000.  The transfer of funds shall be accomplished by September thirtieth of the current fiscal year.

     117.59.     (GP: Employee Bonuses)  State agencies and institutions are allowed to spend state, federal, and other sources of revenue to provide selected employees lump sum bonuses, not to exceed three thousand dollars per year, based on objective guidelines established by the Budget and Control Board.  Payment of these bonuses is not a part of the employee’s base salary and is not earnable compensation for purposes of employee and employer contributions to respective retirement systems.  Employees earning $100,000 or more shall not be eligible to receive bonuses under this provision.

     117.60.     (GP: FEMA Flexibility)  Any appropriation designated as the state share for a federally declared disaster may be carried forward and used for the same purpose by the Emergency Management Division of the Adjutant General’s Office in the event of additional federally declared disasters.  Unallocated funds from established state accounts may be used as the state share in any federally declared disaster.  Such funds may not be expended for any purpose other than for the state share for a federally declared disaster.

     In the event there is a federally declared disaster and state match funds are unavailable, the Budget and Control Board may borrow from any internal account or accounts necessary to maximize federal matching funds through the Emergency Management Division.  Any such borrowing must be reported to the General Assembly within five days.  Funds borrowed from accounts shall be replenished by the General Assembly as soon as practicable.

     117.61.     (GP: Respiratory Syncytial Virus Prescription Sales and Use Tax Exemption)  The effective date of the exemption from sales and use tax of prescription medicines used to prevent respiratory syncytial virus shall be January 1, 1999.  No refund of sales and use taxes may be claimed as a result of this provision.

     117.62.     (GP: Year-End Financial Statements - Penalties)  Agencies and other reporting entities required to submit annual audited financial statements for inclusion in the State’s Comprehensive Annual Financial Report must comply with the submission dates stipulated in the State Auditor’s Office audit contract.  If the audit was not contracted by the State Auditor’s Office, the final audited financial statements are due not later than October tenth for the prior fiscal year.  Each agency that does not comply with the provisions of this proviso shall appear before the Comptroller General, providing an explanation for the delay.

     117.63.     (GP: Purchase Card Incentive Rebates)  In addition to the Purchase Card Rebate deposited in the general fund, any incentive rebate premium received by an agency from the Purchase Card Program may be retained and used by the agency to support its operations.

     117.64.     (GP: Sex Offender Monitoring and Supervision)  The funds appropriated to the Department of Probation, Parole and Pardon Services in Part IA, Section 66, Program II.A.2. for the Sex Offender Monitoring Program and to the Department of Juvenile Justice in Part IA, Section 67, Program III.A., Special Item: Sex Offender Monitoring are to be used and expended only for GPS monitoring programs of the departments.  In cases of limited funds, monitoring of “Jessie’s Law” offenders shall take precedence over all other GPS programs of the departments.  Funds appropriated for this program may not be used for any other purpose or transferred to any other program.  Unexpended funds appropriated for Sex Offender Monitoring may be carried forward and used for the same purpose.  The departments are directed to submit a report to the General Assembly by January fifteenth each year accounting for the expenditure of the funds including any carry‑forward funding; the total costs and per-day costs for equipment, supervision, and monitoring; the total number of staff assigned to the activity and the average agent case loads; the amount of funds collected from sex offenders for both intensive supervision and electronic monitoring; and the anticipated fiscal needs for the upcoming fiscal year.  The report shall also include, but not be limited to, data regarding the number of offenders sentenced to electronic monitoring, including the number sentenced for life; the number of alert notifications received, investigated, and prosecuted; and the number of offenders returned to prison as a result of electronic monitoring violations.

     117.65.     (GP: Viscosupplementation Therapies Sales and Use Tax Exemption)  For the current fiscal year only, sales and use taxes on viscosupplementation therapies shall be suspended.  No refund or forgiveness of tax may be claimed as a result of this provision.

     117.66.     (GP: LightRail)  Pursuant to this provision the three research universities:  Clemson University, the Medical University of South Carolina, and the University of South Carolina-Columbia, are authorized and directed to plan, procure, administer, oversee, and manage all functions associated with the South Carolina LightRail and are thereby exempt from the oversight and project management regulations of the Budget and Control Board, Division of State Information Technology.  South Carolina LightRail is an academic network for the use of the state’s three research universities for the exchange of information directly related to their mission and must not carry commercial or K-12 traffic originated in South Carolina.  For the current fiscal year, public or private organizations and entities may be provided access only through formal documented partnerships with one or more of the three research universities.  On February first of the current fiscal year, the entity managing the network must submit to the Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee a report specifically identifying each entity with access to the network and any payment, including without limitation in-kind payment, that each such organization and entity is making for access to the network.

     117.67.     (GP: CID & PCC Agency Head Salaries)  All hiring salaries and salary increases for the agency heads of the Commission on Indigent Defense and the Prosecution Coordination Commission shall be subject to all provisions related to agency heads covered by the Agency Head Salary Commission.

     117.68.     (GP: Prosecutors and Defenders Public Service Incentive Program)  The Office of Attorney General, the Prosecution Coordination Commission, and the Commission on Indigent Defense, in consultation with the South Carolina Student Loan Corporation and the Commission on Higher Education, shall develop and implement a Prosecutors and Defenders Public Service Incentive Program for attorneys employed by the Office of Attorney General, the Prosecution Coordination Commission, the Commission on Indigent Defense, a Circuit Solicitor’s Office or a county Public Defender’s Office.

     After more than three years of continuous service as a full-time attorney with any of these entities, qualifying attorneys may be reimbursed up to $1,000 for payments made in the prior calendar year on outstanding law school loans.  Reimbursements for law school loan payments may be increased by up to $1,000 for each additional year of continuous service; however, such reimbursements shall not exceed $5,000 in any year.  The amount of law school loan payment reimbursement in any calendar year shall not exceed the amount of principal and interest paid on the loan in the prior calendar year.  Reimbursements under the program may continue until all outstanding law school loans are satisfied; however, such reimbursements shall not exceed $40,000 per qualifying attorney.  Reimbursements shall be adjusted if necessary so as not to exceed appropriations for the program.

     The Prosecutors and Defenders Public Service Incentive Program must be administered by the South Carolina Student Loan Corporation, which shall pay for the cost of administration within the funds appropriated.

     The Office of Attorney General, the Prosecution Coordination Commission, and the Commission on Indigent Defense shall each compile a report that includes, but is not limited to, the number of applicants and the impact of the program on attracting and retaining attorneys.  The Student Loan Corporation shall compile a report that includes, but is not limited to, the cost of administering the program as well as the amount of reimbursements per agency or entity.  Such reports shall be submitted to the Senate Finance Committee and the House Ways and Means Committee by September first each fiscal year.

     Unexpended program funds from the prior fiscal year may be carried forward into the current fiscal year to be used for the same purpose.

     117.69.     (GP: Attorney Dues)  Agencies and offices of the State of South Carolina that employ attorneys are authorized, if they so decide, to use other appropriated funds, including General Fund carry forward funds, to pay the costs of mandatory dues owed to the South Carolina Bar Association.

     117.70.     (GP: Healthcare Employee Recruitment and Retention)  The Department of Corrections, Department of Disabilities and Special Needs, Department of Health and Environmental Control, Department of Health and Human Services, Department of Juvenile Justice, Department of Mental Health, and Department of Vocational Rehabilitation are allowed to spend state, federal, and other sources of revenue to provide lump sum bonuses to aid in recruiting and retaining healthcare workers in critical needs healthcare jobs based on objective guidelines established by the Budget and Control Board.  The employee bonus amount shall be approved by the State Human Resources Director and shall not exceed $10,000 per year.  Payment of these bonuses is not a part of the employee’s base salary and is not earnable compensation for purposes of employee and employer contributions to respective retirement systems.

     These agencies may also provide paid educational leave for any employees in an FTE position to attend class while enrolled in healthcare degree programs that are related to the agency’s mission.  All such leave is at the agency head’s discretion.

     These agencies may enter into an agreement with Psychiatrists, Psychologists, and Nurses employed in those positions to repay them for their outstanding student loans associated with completion of a healthcare degree.  The employee must be employed in a critical needs area, which would be identified at the agency head’s discretion.  Critical needs areas could include rural areas, areas with high turnover, or where the agency has experienced recruiting difficulties.  Agencies may pay these employees up to twenty percent or $7,500, whichever is less, of their outstanding student loan each year over a five-year period.  Payments will be made directly to the employee at the end of each year of employment.  The agency will be responsible for verifying the principle balance of the employee’s student loan prior to issuing payments.

     Employees of these agencies working on a practicum or required clinical experience towards completion of a healthcare degree may be allowed to complete these requirements at their state agency or another state agency at the discretion of the agency head.  This field placement at another state agency may be considered work time for participating employees.

     These agencies are also authorized to allow tuition reimbursement from a maximum of ten credit hours per semester; allow probationary employees to participate in tuition programs; and provide tuition pre‑payment instead of tuition reimbursement for employees willing to pursue a degree in a healthcare program.  An agency may pay up to fifty percent of an employee’s tuition through tuition pre-payment.  The remaining tuition could be reimbursed to the employee after successful completion of the class.

     117.71.     (GP: Governor’s Budget Certification)  The annual Executive Budget proposed by the Governor must be certified by the Director of the Revenue and Fiscal Affairs Office or his designee in the same manner as the House Ways and Means and Senate Finance Committee versions of the budget bill are certified.

     117.72.     (GP: Sexually Violent Predator Program)  After the Department of Mental Health obtains all necessary project approvals, the Department of Corrections may utilize inmate labor to perform any portion of the construction of an addition to the Edisto Unit at the Broad River Correctional Institution, which houses the Department of Mental Health’s Sexually Violent Predator Treatment Program, such addition to be used for additional treatment space and staff offices. For purposes of this project, the Department of Corrections may exceed the $350,000 limit on projects for which it may use inmate labor.

     117.73.     (GP: Voluntary Furlough)  Agency heads may institute a voluntary employee furlough program of not more than ninety days per fiscal year.  During this voluntary furlough, the state employees shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries.  As to those benefits which require employer and employee contributions, the state agencies, institutions and departments will be responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions.  In the event an agency’s reduction is due solely to the General Assembly transferring or deleting a program, this provision does not apply.

     117.74.     (GP: Governor’s Security Detail)  The State Law Enforcement Division, the Department of Public Safety, and the Department of Natural Resources shall provide a security detail to the Governor in a manner agreed to by the State Law Enforcement Division, the Department of Public Safety, the Department of Natural Resources, and the Office of Governor.  Reimbursement to the State Law Enforcement Division, the Department of Public Safety, and the Department of Natural Resources to offset the cost of the security detail for the Governor shall be made in an amount agreed to by the State Law Enforcement Division, the Department of Public Safety, the Department of Natural Resources, and the Office of Governor from funds appropriated to the Office of Governor for this purpose.  Law enforcement officers assigned to security detail for the Governor shall only perform services related to security and shall not provide any unrelated service during the assignment.

     117.75.     (GP: Reduction in Force Antidiscrimination)  In the event of a reduction in force implemented by a state agency or institution, the state agency or institution must comply with Title VII of the Civil Rights Act of 1964 or any other applicable federal or state antidiscrimination laws.

     117.76.     (GP: Reduction in Force/Agency Head Furlough)  In the event a reduction in force is implemented by a state agency or institution of higher learning, the agency head shall be required to take five days furlough in the current fiscal year.  If more than one reduction in force plan is implemented in a fiscal year, the mandatory agency head furlough is only required for the initial plan.  The agency head will retain all responsibilities and authority during the furlough.  All monies saved from this furlough may be retained by that agency and expended at the discretion of the agency head.  During this furlough, the agency head shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries.  As to those benefits which require employer and employee contributions, the state agency will be responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the agency head remains solely responsible for making those contributions.

     Placement of an agency head on furlough under this provision does not constitute a grievance or appeal under the State Employee Grievance Procedure Act.  In the event the reduction for the state agency or institution of higher learning is due solely to the General Assembly transferring or deleting a program, this provision does not apply.  Agencies may allocate the agency head’s reduction in pay over the balance of the fiscal year for payroll purposes regardless of the pay period within which the furlough occurs.  The Budget and Control Board, Human Resources Division shall promulgate guidelines and policies, as necessary, to implement the provisions of this proviso.  State agencies shall report information regarding furloughs to the Human Resources Division of the Budget and Control Board.

     For purposes of this provision, agency head includes the president of a technical college as defined by Section 59-103-5 of the 1976 Code.

     The agency head of the State Board for Technical and Comprehensive Education shall not be required to take this mandatory furlough based solely on the implementation of a reduction in force plan by a technical college.

     An agency head shall not be required to take this mandatory furlough based solely on reductions in force implemented as a result of federal budget cuts or reorganization to accomplish organizational efficiencies.

     117.77.     (GP: Printed Report Requirements)  (A)  For Fiscal Year 2014-15, state supported institutions of higher learning shall not be required to submit printed reports mandated by Sections 2-47-40, 2‑47‑50, and 59-103-110 of the 1976 Code, and shall instead only submit the documents electronically.

     Submission of the plans or reports required by Sections 59‑101-350, 59-103-30, 59-103-45(4), and 59-103-160(D) shall be waived for the current fiscal year, except institutions of higher learning must continue to report student pass rates on professional examinations, and data elements otherwise required for the Commission on Higher Education Management Information System.  The commission, in consultation with institutions, shall take further action to reduce data reporting burdens as possible.

     (B)    For Fiscal Year 2014-15, the Department of Agriculture shall not be required to submit printed reports mandated by Section 46-49-10 of the 1976 Code.  The department shall provide these reports electronically and shall use any monetary savings for K5-12 agricultural education programs.

     (C)    For Fiscal Year 2014-15, the Department of Health and Human Services shall not be required to provide printed copies of the Medicaid Annual Report required pursuant to Section 44-6-80 of the 1976 Code and shall instead only submit the documents electronically.

     (D)   For Fiscal Year 2014-15, the Department of Transportation shall not be required to submit printed reports or publications mandated by Sections 1-11-58, 2-47-55, and 58-17-1450 of the 1976 Code.

     The Department of Transportation may combine their Annual Report and Mass Transit Report into their Annual Accountability Report.

     117.78.     (GP: IMD Operations)  All funds received by the Department of Education, the Department of Juvenile Justice, the Department of Disabilities and Special Needs, the Department of Mental Health, the Department of Social Services, and the Governor’s Office of Executive Policy and Programs-Continuum of Care as State child placing agencies for the Institution for Mental Diseases Transition Plan (IMD) of the discontinued behavioral health services in group homes and child caring institutions, as described in the Children’s Behavioral Health Services Manual Section 2, dated 7/01/06, shall be applied only for out of home placement in providers which operate Department of Social Services or Department of Health and Environmental Control licensed institutional, residential, or treatment programs.  An annual report by each state child placing agency shall be made on the expenditures of all IMD transition funds and shall be provided to the Chairman of the Senate Finance Committee, Chairman of the House Ways and Means Committee, and the Governor no later than November first each year.  The Department of Health and Human Services shall review the numbers of out of home placements by type and by agency each year and make recommendations to the General Assembly.

     117.79.     (GP: Fines and Fees Report)  In order to promote accountability and transparency, each state agency must provide and release to the public via the agency’s website, a report of all aggregate amounts of fines and fees that were charged and collected by that state agency in the prior fiscal year.  The report shall include, but not be limited to:  (1) the code section, regulation, or proviso that authorized the fines and fees to be charged, collected, or received; (2) the amount received by source; (3) the purpose for which the funds were expended by the agency; (4) the amount of funds transferred to the general fund, if applicable, and the authority by which the transfer took place; and (5) the amount of funds transferred to another entity, if applicable, and the authority by which the transfer took place, as well as the name of the entity to which the funds were transferred.  The report must be posted online by September first.  Additionally, the report must be delivered to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee by September first.  Funds appropriated to and/or authorized for use by each state agency shall be used to accomplish this directive.

     117.80.     (GP: Mandatory Furlough)  In a fiscal year in which the general funds appropriated for a state agency are less than the general funds appropriated for that agency in the prior fiscal year, or whenever the General Assembly or the Budget and Control Board implements a midyear across-the-board budget reduction, and agency heads institute a mandatory employee furlough program, in determining which employees must participate in the program, agency heads should give consideration to furloughs for contract employees, post-TERI employees, and TERI employees before other employees.  During this mandatory furlough, the state employees shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries.  As to those benefits which require employer and employee contributions, the state agencies, institutions, and departments will be responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions.  In the event an agency’s reduction is due solely to the General Assembly transferring or deleting a program, this provision does not apply.

     117.81.     (GP: Reduction In Force)  In a fiscal year in which the general funds appropriated for a state agency are less than the general funds appropriated for that agency in the prior fiscal year, or whenever the General Assembly or the Budget and Control Board implements a midyear across-the-board budget reduction, and agency heads must make reductions in force, agency heads should give consideration to reductions of contract employees, post-TERI employees, and TERI employees before other employees.  In the event an agency’s reduction is due solely to the General Assembly transferring or deleting a program, this provision does not apply.

     117.82.     (GP: Cost Savings When Filling Vacancies Created by Retirements)  During the current fiscal year, whenever classified FTEs become vacant because of employee retirements, it is the intent of the General Assembly that state agencies should realize personnel costs savings of at least twenty-five percent in the aggregate when managing these vacant positions.  Prior to filling a classified FTE which has become vacant because of a retirement, an agency must review and determine the appropriate salary for the position as well as determine whether the agency can manage without filling the position or by delay in filling the position.  Prior to filling the vacant FTE, agencies must follow all laws and regulations concerning posting and competitive solicitation and consideration of applicants.  No agency shall enter into any agreement with any employee that violates the terms of this proviso.

     117.83.     (GP: Information Technology for Health Care)  From the funds appropriated and awarded to the South Carolina Department of Health and Human Services for the Health Information Technology for Economic and Clinical Health Act of 2009, the department shall advance the use of health information technology and health information exchange to improve quality and efficiency of health care and to decrease the costs of health care.  In order to facilitate the qualification of Medicare and/or Medicaid eligible providers and hospitals for incentive payments for meaningful health information technology (HIT) use, a health care organization participating in the South Carolina Health Information Exchange (SCHIEx) or a Regional Health Information Organization (RHIO) or a hospital system health information exchange (HIE) that participates in SCHIEx may release patient records and medical information, including the results of any laboratory or other tests ordered or requested by an authorized health care provider within the scope of his or her license or practice act, to another health information organization that requests the information via a HIE for treatment purposes with or without express written consent or authorization from the patient.  A health information organization that receives or views this information from a patient’s electronic health record or incorporates this information into the health information organization’s electronic medical record for the patient in providing treatment is considered an authorized person for purposes of 42 C.F.R. 493.2 and the Clinical Laboratory Improvement Amendments.

     117.84.     (GP: Broadband Spectrum Lease)  The General Assembly must approve any exercise of the Middle Band Segment Channel recapture provisions contained in the Educational Broadband Service Spectrum Lease Agreements if the exercise of the recapture provisions would result in a decrease in payments received by the State.  The Educational Television Commission assumes management and administration of the lease and receives lease payments directly.  The Educational Television Commission shall retain and expend funds received pursuant to the lease for agency operations.  The commission shall be authorized to carry forward unexpended funds from the prior fiscal year into the current fiscal year.  In the event of a default by the current lease holder, the Educational Television Commission is authorized to use contingent funds up until such time as a new lease can be negotiated by the State and the Educational Television Commission.

     117.85.     (GP: Reduction in Compensation) For the current fiscal year, no state agency or political subdivision of this state may decrease the compensation of an employee, including dismissal, suspension, or demotion, solely because the employee gave sworn testimony regarding alleged wrongdoing to a standing committee, subcommittee of a standing committee, or study committee of the Senate or the House of Representatives.  This proviso shall apply regardless of when the alleged wrongdoing occurred.

     117.86.     (GP: Deficit Monitoring)  It is the responsibility of each state agency, department, and institution to operate within the limits of its authorized appropriations.  All agencies, departments, and institutions are to budget, allocate and manage its authorized appropriations in a way to avoid an operating deficit for the fiscal year.  If at the end of each quarterly deficit monitoring review by the Executive Budget Office, it is determined by either the Executive Budget Office or an agency that the likelihood of a deficit for the current fiscal year exists, the agency shall submit to the Executive Budget Office within fourteen days, a plan to minimize or eliminate the projected deficit.  After submission of the plan, if it is determined that the deficit cannot be eliminated by the agency on its own, the agency is required to officially notify the Budget and Control Board within thirty days of such determination that the agency is requesting that a deficit be recognized.  Once a deficit has been recognized by the Budget and Control Board, the agency shall limit travel and conference attendance to the minimum required to perform the core mission of the agency.  In addition, the board when recognizing a deficit may direct that any pay increases and purchases of equipment and vehicles shall be approved by the Executive Budget Office.

     117.87.     (GP: Commuting Costs)  State government employees who use a permanently assigned agency or state owned vehicle to commute from their permanently assigned work location to and from the employee’s home must reimburse the agency in which they are employed for commuting use in accordance with IRS regulations based on guidance from the Office of Comptroller General which must use the Cents per mile Rule, unless they are exempted from such reimbursement by applicable IRS regulations.  These permanently assigned vehicles must be clearly marked as a state or agency vehicle through the use of permanent state-government license plates and either state or agency seal decals unless the vehicle is used primarily in undercover operations.  This requirement does not apply to a vehicle used by an employee for the purpose of a special travel assignment, for active certified law enforcement officers authorized to carry firearms, execute warrants, and make arrests, for Constitutional Officers, or for Department of Transportation employees on call for emergency maintenance.

     117.88.     (GP: Bank Account Transparency and Accountability)  Each state agency, except state institutions of higher learning, which has composite reservoir bank accounts or any other accounts containing public funds which are not included in the Comptroller General’s Statewide Accounting and Reporting System or the South Carolina Enterprise Information System shall prepare a report for each account disclosing every transaction of the account in the prior fiscal year.  The report shall be submitted to the Budget and Control Board by October first of each fiscal year.  The report shall include the name(s) and title(s) of each person authorized to sign checks or make withdrawals from each account, the name and title of each person responsible for reconciling each account, the beginning and year-end balance of funds in each account, and data related to both deposits and expenditures of each account.  The report shall include, but not be limited to, the date, amount, and source of each deposit transaction and the date, name of the payee, the transaction amount, and a description of the goods or services purchased for each expenditure transaction.  To facilitate review, the Budget and Control Board shall prescribe a common format for the report which agencies must use.  In order to promote accountability and transparency, a link to the report shall be posted on the Comptroller General’s website as well as the agency’s homepage.

     When the State Auditor conducts or contracts for an audit of a state agency, accounts of the agency subject to this proviso must be included as part of the review.

     If an agency determines that the release of the information required in this provision would be detrimental to the state or the agency, the agency may petition the Budget and Control Board to grant the agency an exemption from the reporting requirements for the detrimental portion.  The meeting to determine whether an exemption should be granted shall be closed.  However, the exemption may only be granted upon a majority vote of the Budget and Control Board in a public meeting.

     117.89.     (GP: Websites)  All agencies, departments, and institutions of state government shall be responsible for providing on its Internet website a link to the Internet website of any agency, other than the individual agency, department, or institution, that posts on its Internet website that agency, department, or institution’s monthly state procurement card statements or monthly reports containing all or substantially all the same information contained in the monthly state procurement card statements.  The link must be to the specific webpage or section on the website of the agency where the state procurement card information for the state agency, department, or institution can be found.  The information posted may not contain the state procurement card number.  Any information that is expressly prohibited from public disclosure by federal or state law or regulation must be redacted from any posting required by this section.

     117.90.     (GP: Regulations)  For the current fiscal year, if a state agency proposes a regulation that levies or increases a fee, fine, or that otherwise generates revenues, the title to the Joint Resolution which proposes the regulation must indicate that a fee, fine, or revenue source is being proposed.

     117.91.     (GP: Joint Children’s Committee)  For the current fiscal year, the Department of Revenue is directed to reduce the rate of interest paid on eligible refunds by one percentage point.  Of the revenue resulting from this reduction, $300,000 shall be transferred to the Senate for the Joint Citizens and Legislative Committee on Children to provide the report, research, and other operating expenses as directed in Section 63-1-50 of the 1976 Code.  Funds transferred to the University of South Carolina for the Joint Citizens and Legislative Committee on Children shall be maintained in a separate and distinct account.  A detailed report of all expenditures shall be made to the Executive Budget Office within thirty days of the close each fiscal quarter, and the Executive Budget Office shall distribute this information to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee.  The remaining revenue resulting from this reduction shall be transferred to the Department of Juvenile Justice to be used for mentoring or alternatives to incarceration programs.  Unexpended funds authorized by this provision may be retained and carried forward by the Senate or the Department of Juvenile Justice, respectively, and used for the same purposes.  The rate of reduction authorized in this provision shall be in addition to the reduction authorized in Proviso 92.10.

     117.92.     (GP: Civil Conspiracy Defense Costs)  For the current fiscal year, for any claim that has not reached a judgment, if a state or local government employee or former state or local government employee (“government employee”) is personally sued for civil conspiracy based in part upon a personnel or employment action or decision regarding an employee, the court must, prior to trial, make a final determination whether the action or decision giving rise to the suit was made by the government employee within the scope of their official duty.  If the court finds that the government employee was acting outside the scope of the employee’s official duties, the government shall not thereafter expend any funds to pay or defend the claim.  If the court finds the government employee was acting within the scope of their official duties, the employee is immune from suit, liability, and damages with respect to the civil conspiracy claim.  The government may only expend funds to defend the claim if the determination is that the employee was acting within the scope of their official duties.  Nothing in this proviso prevents an insurance provider from defending and paying, respectively, any claims that the provider has contractually agreed to defend and pay.

     117.93.     (GP: Recovery Audits)  The Budget and Control Board shall contract with one or more firms to conduct recovery audits of payments made by all state agencies to vendors for goods and services. The audits must be designed to detect, document, and recover overpayments and erroneous payments to the vendors and to recommend improved financial and operational practices and procedures.  A state agency shall pay, from recovered monies received, the recovery audit firm responsible for obtaining for the agency a reimbursement or payment from a vendor a negotiated fee not to exceed twenty percent of the funds recovered by that firm.

      Unless otherwise restricted by law, funds recovered, less the cost of recovery, shall be remitted to a special fund subject to appropriation by the General Assembly.  Agencies may recover costs that are documented to be directly related to implementation of this provision.

     Recovery audits apply only to payments made more than one hundred eighty days prior to the date the audit is initiated and shall cover at least three complete fiscal years.

     All information provided under a contract must be treated as confidential by the recovery audit firm.  A violation of this provision shall result in the forfeiture by the firm of all compensation under the contract and to the same sanctions and penalties that would apply to that disclosure.

     Each state agency shall participate in this recovery audit program and shall cooperate and provide the recovery audit firm with all information necessary for the audit in a timely manner.  All vendors that provide goods or services to a state agency shall cooperate with the recovery audit firm in its audit.

     A state agency shall expend or return to the federal government any federal money that is recovered through a recovery audit conducted under this provision.  Payments to the recovery audit firm from the federal share of recovered funds shall be solely from the federal portion as allowed by the federal agency.

     In addition to performing the recovery audits, the recovery audit firm may conduct an analysis of contracts and pricing structures, as determined and directed by the Executive Director of the Budget and Control Board or her or his designee, to identify and recommend future cost-savings and improved state agency financial operations going forward.  A state agency shall pay the recovery audit firm responsible for obtaining the agency actual cost-savings a fee as authorized by the contract with the recovery audit firm.

     The recovery audit firm shall provide reports to the Budget and Control Board detailing its findings, the causes for the overpayments and erroneous payments, future cost-savings opportunities and its recommendations for strengthening state operations and/or state contracts to prevent improper payments in the future.

     For purposes of this proviso, the term “vendor” or “vendors” includes, but is not limited to, sellers, suppliers, service providers, other providers, contractors and third party administrators; the term “overpayments and erroneous payments” includes, but is not limited to, overpayments, duplicate payments, erroneous payments, and rebates, discounts and credits not received; and the term “state agency” or “state agencies” includes all state agencies, boards, commissions, institutions and institutions of higher education.

     The Budget and Control Board shall provide copies, including electronic form copies, of final reports received from a firm under contract to:  the Governor; the Chairman of the Senate Finance Committee; the Chairman of the House Ways and Means Committee; and the state auditor’s office.  Not later than January first of each year, the board shall issue a report to the General Assembly summarizing the contents of all reports received under this provision during the prior fiscal year.

     117.94.     (GP: Funds Transfer to ETV)  In the current fiscal year funds appropriated in Part IA to the Budget and Control Board in Section 101 for Legislative & Public Affairs Coverage and Emergency Communications Backbone and to the Law Enforcement Training Council in Section 64 for State & Local Training of Law Enforcement, City and County municipal training services must be transferred to the Educational Television Commission (ETV) during July 2014 for the continuation of services as provided in the prior fiscal year.

     117.95.     (GP: Opt Out of Federal Patient Protection and Affordable Care Act)  If federal law permits, the State of South Carolina opts out of the following provisions in the federal Patient Protection and Affordable Care Act (Public Law 111-148):

          (1)    Subtitles A through C of Title I (and the amendments made by such subtitles), except for Sections 1253 and 1254;

          (2)    Parts I, II, III, and V of subtitle D of Title I (and the amendments made by such parts);

          (3)    Part I of subtitle E of Title I (and the amendments made by such part);

          (4)    Subtitle F of Title I (and the amendments made by such subtitle);

          (5)    Sections 2001 through 2006 (and the amendments made by such sections); and

          (6)    Sections 10101 through 10107 (and the amendments made by such sections).

     117.96.     (GP: Means Test)  All agencies providing Healthcare Services are directed to identify standards and criteria for means testing on all programs provided, where allowed by Federal guidelines.  Once a consistent criteria has been established within an agency, they shall implement their respective plans.  Each agency shall report all criteria and fiscal data to the Chairman of the Senate Finance Committee and to the Chairman of the House Ways and Means Committee no later than January 1, 2014.

     117.97.     (GP: Agency Reduction Management)  The General Assembly encourages state agencies, in the event agencies are assessed a base reduction, to endeavor to realize savings through:  (1) payroll management, including, but not limited to, furloughs, reductions in employee compensation, and instituting a hiring freeze; (2) eliminate administrative overhead cost that does not directly impact the agency’s mission; and as a final option (3) reductions to programmatic funding.

     117.98.     (GP: WIA Service Advertising)  For Fiscal Year 2014-15, the Workforce Investment Boards may promote outreach for their services via billboard, bus placard, newspapers, or radio in all workforce investment areas.  This outreach may not be limited to e‑mail, online, or other internet-based outreach, publicity, or other promotions.  Workforce investment boards must adhere to all state procurement policies and procedures when utilizing outreach for the services provided by the Workforce Investment Act.

     117.99.     (GP: WIA Training Marketability Evaluation)  (A)  For Fiscal Year 2014-15, the Department of Employment and Workforce shall submit a report that demonstrates how funds were expended in the prior fiscal year to provide marketable work skills training.  The report shall include, but not be limited to the total number of local training recipients, a description of the training area in which each recipient participated, and the number and percentage of participants in each training area that, upon completion of training, have become employed in the field in which they were trained.  The report shall be submitted to the Chairman of the Senate Finance Committee, the Chairman of the Senate Labor, Commerce and Industry Committee, the Chairman of the House Ways and Means Committee, and the Chairman of the House Labor, Commerce and Industry Committee on or before November sixteenth.

     (B)    Also, the report must specifically describe any restructuring or realignment of agency functions, and any changes in staffing levels or service.  The report must detail information on employees terminated, hired, re-hired, reassigned, or reclassified by program area and location.  Further, the report must describe efforts made by the agency to reassign or retrain employees who were terminated for positions for which the department hired new employees.

     117.100.   (GP: Victims Assistance Transfer)  The Department of Corrections shall transfer $20,500 each month to the Department of Public Safety for distribution through the State Victims Assistance Program.

     117.101.   (GP: DOC & PPP Potential Consolidation Plan)  From the funds appropriated to the Department of Corrections and the Department of Probation, Parole and Pardon Services, the directors of the departments may collaborate and develop a plan to consolidate the functions of the departments.

     117.102.   (GP: USC Greenville Medical School)  It is the intent of the General Assembly that during Fiscal Year 2014-15, no general funds shall be appropriated for the new medical school at the University of South Carolina in Greenville.  In addition, no state funds may be transferred from state earmarked or restricted funds held by the University of South Carolina to the medical school except for grants, contributions, contractual payments, and tuition and required fees for students attending the new medical school at the University of South Carolina in Greenville that are specifically designated for the medical school at the University of South Carolina in Greenville.

     *117.103.     (GP: RSIC Performance Incentive Compensation Plan)  Of the funds appropriated and or authorized, the Retirement Investment Commission shall submit a Performance Incentive Compensation Plan to the Senate Finance Retirement Subcommittee and the House Ways and Means Legislative, Executive, and Local Government Subcommittee by October 1, 2014 that sets forth a plan regarding investment staff’s salary bonuses for Fiscal Year 2014-15.  The plan shall include, but not be limited to, a clearly articulated listing of employees affected, how much incentive bonus is to be received, and clearly delineated associated performance goals and outcomes, not only on a quantitative basis which will be aligned to approved bench marks by asset class, but also on a qualitative basis tied to each individual’s sustained performance, position specific accountabilities, and any competitive pay requirements.

     The Senate and House Subcommittees shall approve or disapprove the plan by December 1, 2014, and the plan must not be implemented without legislative approval.  Any bonus plan, if not approved by the legislative subcommittees, may not be carried over from year to year.

     117.104.   (GP: First Steps - BabyNet)  In addition to the statutory duties assigned to South Carolina First Steps to School Readiness Board of Trustees; the board shall ensure the state’s compliance with the Individuals with Disabilities Act, Part C and the First Steps’ full implementation of recommendations contained in the 2011 audit report of the LAC regarding the BabyNet Program.  First Steps shall submit any necessary statutory changes to the Chairman of the House Education and Public Works Committee and the Chairman of the Senate Education Committee and any budget recommendations in the agency’s budget request as submitted to the Governor.  Until completion, First Steps shall post on its’ website a quarterly report on the timelines of its progress in implementing the recommendations of the LAC.  The Board of Trustees will be kept informed monthly of all activities related to this requirement and those progress reports must be recorded in the minutes for each meeting of the Board of Trustees.  When First Steps has implemented all of the recommendations enumerated above, a final report shall be submitted to the Board of Trustees for its’ adoption.  Upon approval by the Board of Trustees, the final report shall be published on First Steps’ homepage.  First Steps to School Readiness, the School for the Deaf and Blind, the Department of Disabilities and Special Needs, the Department of Health and Human Services, the Department of Mental Health and the Department of Social Services shall each provide on a common template developed by the agencies, a quarterly report to the Chairman of the House Ways and Means Committee and the Chairman of Senate Finance outlining all programs provided by them for BabyNet; all federal funds received and expended on BabyNet and all state funds expended on BabyNet.  Each entity and agency shall report on its share of the state’s ongoing maintenance of effort as defined by the US Department of Education under IDEA Part C.

     117.105.   (GP: Single Audit Schedule of Federal Expenditures)  To ensure timely completion of the of the Statewide Single Audit, state agencies which do not receive a separate audit of federal expenditures, must submit to the Office of the State Auditor a schedule of federal program expenditures in a format prescribed by the Office of the State Auditor, no later than August fifteenth of each year.

     117.106.   (GP: Prohibits Local Government Fund Public Funded Lobbyists)  All local governmental entities including, but not limited to, counties, municipalities, and associations are prohibited from using taxpayer funds received from the Local Government Fund to compensate employees for lobbying activities engaged in on behalf of such governmental entity.

     117.107.   (GP: School Construction Development Impact Fee Assessment Prohibition)  Governmental entities are prohibited from assessing South Carolina Development Impact Fees on the construction of new elementary, middle, or secondary schools.  If a governmental entity violates this prohibition it shall have its Aid to Subdivisions Allocation reduced by the amount of the impact fee.

     117.108.   (GP: First Steps Reauthorization)  Act 99 of 1999, the South Carolina First Steps to School Readiness Act, is reauthorized for the duration of Fiscal Year 2014-15.

     117.109.   (GP: Sexually Violent Predator Treatment RFP)  The Director of the Department of Mental Health and the Director of the Department of Corrections shall cooperate with the Budget and Control Board, Division of Procurement Services which shall develop and cause to be issued a Request for Proposals (RFP) seeking long-term solutions for securely housing and treating the growing population of individuals adjudicated as Sexually Violent Predators and civilly committed to the Department of Mental Health pursuant to the Sexually Violent Predators Act.

     The purpose of the RFP shall be to seek proposals from qualified private providers to provide secure housing and treatment services to all individuals civilly committed pursuant to the Sexually Violent Predators Act.

     As part of the process, the Department of Mental Health, the Department of Corrections, and the Budget and Control Board shall provide up-to-date information concerning the current operation of the program and shall provide information about suitable state owned real property.  The RFP shall be issued on or before October 31, 2013.

     The RFP shall be worded broadly to allow respondents to propose creative and cost-effective long-term solutions for the operation of this program in order to address the issues raised in Proviso 23.15 of the 2012-13 State Appropriations Act and the resulting January 3, 2013, Report on the SVP Program issued by the Department of Mental Health and the Department of Corrections.

     In addition to treatment services, respondents shall be allowed, but not required, to propose a single source solution with responsibility for all aspects of the program including but not limited to housing, security, food, clothing, health care, transport, and treatment services.  The RFP shall allow for, but not require, respondents to include in their responses the use of other private or public partners (subcontractors) and/or the lease or use or purchase of state owned real property.

     The selected contractor may be authorized to sponsor the issuance of tax exempt certificates of participation or other finance solutions to fund the project and the state is authorized to enter into a lease/purchase agreement for the necessary replacement facilities.

     117.110.   (GP: Prohibit Use of State Aircraft for Athletic Recruitment)  Institutions of higher learning may not use the state aircraft operated by the Division of Aeronautics for the purpose of athletic recruiting.

     117.111.   (GP: Recreational Activities)  Two counties that receive an allocation from the Local Government Fund may enter into a Memorandum of Understanding in order to provide recreational activities and projects that benefit the citizens of both counties.

     117.112.   DELETED

     117.113.   (GP: Technology and Remediation)  The funds appropriated to the Budget and Control Board for the Division of Information Security shall be used to develop and implement a statewide information security program.  A portion of the non-recurring funds may be used for enterprise technology and remediation, and distributed to state agencies to address the State’s most serious information security vulnerabilities as determined by the Division of Information Security and the Division of State Information Technology.

     117.114.   (GP: Fiduciary Audit)  Of the funds authorized for the Public Employee Benefit Authority, the authority shall transfer $700,000 to the Office of Inspector General.  The funds transferred shall be utilized by the Inspector General to employ a private audit firm to perform the fiduciary audit on the Public Employee Benefit Authority as required by Section 9-4-40 of the 1976 Code, as amended.

     117.115.   DELETED

     117.116.   (GP: Donation of Alcoholic Liquors)  In the current fiscal year, a wholesaler may donate beer, wine, and alcoholic liquors to a nonprofit organization that has a license, including a temporary license, to serve the applicable beverage.  This provision only applies if the event hosted by the nonprofit organization creates an economic impact on State revenues.

     117.117.   (GP: Data Breach Notification)  (A)  An agency of this State owning or licensing computerized data or other data that includes personal identifying information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of this State whose personal identifying information was, or is reasonably believed to have been, acquired by an unauthorized person.  In determining whether information has been acquired, or is reasonably believed to have been acquired, by an unauthorized person or a person without valid authorization, the agency may consider the following factors, among others:

              (1)    indications that the information is in the physical possession and control of an unauthorized person, such as a lost or stolen computer or other device containing information;

              (2)    indications that the information has been viewed, downloaded, or copied; or

              (3)    indications that the information was used by an unauthorized person, such as fraudulent accounts opened or instances of reported identity theft.

     (B)    An agency maintaining computerized data or other data that includes personal identifying information that the agency does not own shall notify the owner or licensee of the information of a breach of the security of the data immediately following discovery, if the personal identifying information was, or is reasonably believed to have been, acquired by an unauthorized person.

     (C)    The disclosure requirements of subsections (A) and (B) must be made in the most expedient time possible and without unreasonable delay; however, the notification required by this section may be delayed if a law enforcement agency determines that the notification impedes a criminal investigation and must be made after the law enforcement agency determines that it no longer compromises the investigation.  A delay in notification shall not exceed seventy-two hours after discovery, unless the agency requests and the attorney general grants, in writing, additional delays of up to seventy-two hours each upon a determination that such notification impedes a criminal investigation.

     (D)   For purposes of this section:

              (1)    “Agency” means any agency, department, board, commission, committee, or institution of higher learning of the State or a political subdivision of it.

              (2)    “Breach of the security of the system” means unauthorized access to and acquisition of computerized data that was not rendered unusable through encryption, redaction, or other methods that compromise the security, confidentiality, or integrity of personal identifying information maintained by the agency, when illegal use of the information has occurred or is reasonably likely to occur or use of the information creates a material risk of harm to the consumer.  Good faith acquisition of personal identifying information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system if the personal identifying information is not used or subject to further unauthorized disclosure.

              (3)    “Consumer reporting agency” means any person which, for monetary fees, dues, or on a cooperative non-profit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.  A list of consumer reporting agencies shall be compiled by the Department of Consumer Affairs and furnished upon request to the agency required to make a notification under this section.

              (4)    “Personal identifying information” means the first name or first initial and last name in combination with and linked to any one or more of the following data elements that relate to a resident of this State, when the data elements are neither encrypted nor redacted or when the data elements are encrypted with an encryption key and the encryption key that has also been acquired:

                        (a)    social security number;

                        (b)    driver’s license number or state identification card number issued instead of a driver’s license;

                        (c)    financial account number, or credit card or debit card number in combination with any required security code, access code, or password that would permit access to a resident’s financial account; or

                        (d)    other numbers or information which may be used to access a person’s financial accounts or numbers or information issued by a governmental or regulatory entity that uniquely will identify an individual.

     The term does not include information that is lawfully obtained from publicly available information, or from federal, state, or local government records lawfully made available to the general public.

     (E)    The notice required by this section may be provided by:

              (1)    written notice;

              (2)    electronic notice, if the agency’s primary method of communication with the individual is by electronic means, the person to whom notice is required has expressly consented to receiving said notice in electronic form, or is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 USC and Chapter 6, Title 26 of the 1976 Code;

              (3)    telephonic notice; or

              (4)    substitute notice, if the agency demonstrates that the cost of providing notice exceeds two hundred fifty thousand dollars or that the affected class of subject persons to be notified exceeds five hundred thousand or the agency has insufficient contact information. Substitute notice consists of:

                        (a)    e-mail notice when the agency has an e-mail address for the subject persons;

                        (b)    conspicuous posting of the notice on the agency’s web site page, if the agency maintains one; or

                        (c)    notification to major statewide media.

     Regardless of the method by which notice is provided, such notice shall include contact information for the agency making the notification and a description of the categories of information that were, or are reasonably believed to have been, acquired by a person without valid authorization, including specification of which of the elements of personal information and private information were, or are reasonably believed to have been, so acquired.

     (F)    A resident of this State who is injured by a violation of this section, in addition to and cumulative of all other rights and remedies available at law, may:

              (1)    institute a civil action to recover damages;

              (2)    seek an injunction to enforce compliance; and

              (3)    recover attorney’s fees and court costs, if successful.

     (G)   An agency that knowingly and willfully violates this section is subject to an administrative fine up to one thousand dollars for each resident whose information was accessible by reason of the breach, the amount to be decided by the Department of Consumer Affairs.

     (H)   If the agency provides notice to more than one thousand persons at one time pursuant to this section, the agency shall notify, without unreasonable delay, the Consumer Protection Division of the Department of Consumer Affairs and all consumer reporting agencies that compile and maintain files on a nationwide basis, as defined in 15 USC Section 1681a(p), of the timing, distribution, and content of the notice.

     117.118.   (GP: State Ports Authority Property)  The State Ports Authority shall transfer fifty acres of its real property on Daniel Island to the Department of Parks, Recreation, and Tourism, which shall ensure, in the manner it deems appropriate, that the property is used for public recreation activities.  If the State Ports Authority has not completed the sale of its remaining real property on Daniel Island and Thomas (St. Thomas) Island, except for the dredge disposal cells that are needed in connection with the construction of the North Charleston terminal on the Charleston Naval Complex and for harbor deepening and for channel and berth maintenance, by June 30, 2015, the authority must transfer the property to the Budget and Control Board.  The authority shall sell the real property under terms and conditions it considers most advantageous to the authority and the State of South Carolina. 

     117.119.   DELETED

     117.120.   DELETED

     117.121.   (GP: Remittance of Court Fee and Fine Money)  County and city treasurers are required to remit to the State Treasurer set percentages of revenues generated by assessments imposed by 14-1-206(A), 14-1-207(A), 14-1-208(A). This remittance is required on a monthly basis by the 15th day of each month.

     Should a county and/or city treasurer fail to make the required remittance, the SC Criminal Justice Academy shall cease providing services to all law enforcement officers of all law enforcement agencies encompassed within the political subdivision if they have failed to make remittance for two consecutive months in a fiscal year.  The finance director shall certify by July first, under oath, that the county and/or city has remitted all funds or the SC Criminal Justice Academy shall withhold services until such time as remittance is made.

     117.122.   (GP: Detailed Expenditure/Revenue Reports PCC/CID) The Prosecution Coordination Commission and the Commission on Indigent Defense shall provide detailed expenditure reports and associated revenue streams for each individual circuit, revenue streams shall include, but not be limited to, state funds, local funds, Federal funds, and also non-governmental sources of funds, by no later than September first, on the prior fiscal year, to the appropriate commission.  The commissions shall than provide the Chairman of the House Ways and Means Committee and Chairman of the Senate Finance Committee with a combined report by September fifteenth of the current fiscal year.

     117.123.   DELETED

     117.124.   (GP: South Carolina Welcome Centers)  The Department of Parks, Recreation and Tourism and the Department of Transportation shall enter into a Memorandum of Understanding (MOU) which transfers control of all South Carolina Welcome Centers to the Department of Parks, Recreation and Tourism on July 1, 2014.  The MOU at a minimum shall transfer to the Department of Parks, Recreation and Tourism control which includes, but is not limited to, replacement, renovation and maintenance of the facilities, daily operations, and grounds maintenance and upkeep and shall clearly define responsibility for additional portions of Welcome Centers to include, but not be limited to, paving and sidewalks.  The Department of Transportation shall transfer to the Department of Parks, Recreation and Tourism the amount of funds expended in the prior fiscal year for all items the Department of Parks, Recreation and Tourism assumes responsibility for and this amount and the timing of the transfer of these funds shall be defined as part of the MOU.  The funds transferred to the Department of Parks, Recreation and Tourism shall be placed in a separate and distinct fund and these funds shall be carried forward from the prior fiscal year into the current fiscal year and be expended for the same purposes.

     117.125.   DELETED

     *117.126.     (GP: Hunley Commission)  For the current fiscal year, the provisions of Section 54-7-100 of the 1976 Code that provide for three members appointed by the Governor and for the Lieutenant Governor, or his designee to serve on the Hunley Commission are suspended.

     117.127.   (GP: Continuation of Teen Pregnancy Prevention Project Accountability)  Qualifying organizations applying for General Funds provided as a special item in this act and titled Continuation of Teen Pregnancy Prevention must include in its application a proposed annual budget and agreement to provide quarterly reports to the grantor state agency detailing the expenditure of funds and the project’s accomplishments which shall include:

              (1)    Financial:

                   (a)    Personnel costs, including employer contributions, by position for each of the following areas:  administration, training, and education, as well as for other positions as identified;

                   (b)   Operational costs identified in the application;

                   (c)    One-time costs over $500 for such items as supplies;

              Administration costs may not exceed ten percent of the total project budget.  For purposes of this provision, “Administration” is defined as expenses other than educational. 

              (2)    Description of program and curriculum to be used;

              (3)    Description of training;

              (4)    Schedule and brief description of project activities for each quarter; 

              (5)    Participation reports on the following:

                   (a)    Number of persons who participated;

                   (b)   Total number of hours provided;

                   (c)    Number of train the trainer events;

                   (d)   Other data regarding the activities of the project;

              (6)    Description of the project evaluation to be used;

              (7)    Copy of latest completed independent financial audit and agency’s response to any audit exceptions; 

              (8)    Qualifications of project personnel;

              (9)    Best Practices to be used; and 

              (10)  Evidence Based Curriculum.

     An organization awarded a grant must provide these quarterly reports to the grantor state agency within fifteen days of the end of each quarter.  Grantees failing to submit reports with thirty days of the end of each quarter shall have their grant terminated.

     Unexpended funds for Continuation of Teen Pregnancy Prevention projects under the Department of Social Services or under the Department of Health and Environmental Control shall be carried forward for the purpose of fulfilling the department’s contractual agreement.

     117.128.   DELETED

     117.129.   DELETED

     117.130.   (GP: Charleston & Dorchester County Sound Barriers)  From the funds authorized to the Department of Transportation, the department shall take the appropriate measures to allow the counties of Charleston and Dorchester to construct sound barriers in the department’s easements along Interstate 26 within the borders of Charleston County and along Dorchester Road within Dorchester County, provided, no funds appropriated or authorized in Part IA to the Department of Transportation, any other section of this act, any Federal Funds, unless otherwise agreed to by the local Metropolitan Planning Organization or Council or Governments for use of a portion of their annual federal allocation, or any Other Funds, shall be used in the construction of the sound barriers, and only local dollars shall be used in the construction of sound barriers.  The sound barriers must meet the state and federal noise abatement guidelines and must be constructed to meet any and all state and federal regulations.  Consistent with the requirements of Section 57-25-190 (E) of the 1976 Code, or regulations adopted pursuant thereto, including construction by a local government in a state right of way, the owner of a legally erected and maintained billboard shall have the option to relocate such billboard sign to another location as close as practicable to the sign being relocated or adjust the height or angle of the billboard sign to a height or angle that restores the visibility of the billboard sign to the same or comparable visibility as before construction of a sound barrier.  Costs for re-location or alteration of a billboard due to sound barrier installation by a local government in a state right of way shall be paid by the local government.  The provisions of Section 39-14-10 et seq of the 1976 Code will apply regarding any compensation to be paid by local governments for billboard signs which cannot be relocated or altered.

     117.131.   (GP: Information Technology Disaster Recovery Plan)  The Budget and Control Board shall perform, or issue a Request for Proposals (RFP) for purposes of selecting a vendor to perform, a study to develop recommendations for a statewide information technology disaster recovery plan.  If the Budget and Control Board issues an RFP, the Executive Director shall designate a coordinator to work with the vendor chosen in the RFP process.  If the Budget and Control Board performs the study, advice should be sought from private and public sector resources on best practices for disaster recovery management.  In making recommendations, cloud backup technology, warm site locations (specifically including the Clemson University Data Center in Anderson, South Carolina), and hybrid data replication and backup solutions should be considered.  The Budget and Control Board is authorized to use as funding for the study excess appropriations for the current fiscal year, as determined by the Executive Director of the Budget and Control Board, designated for statewide employer contributions for other statewide purposes.  A report of recommendations and estimated costs for implementation of a statewide disaster recovery plan shall be submitted to the Governor, the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee by March 1, 2015.

     The Judicial Department, Legislative Department, public institutions of higher learning, technical colleges, political subdivisions and quasi-governmental bodies shall not be included within the scope of the study commissioned by this proviso.  The study shall consider the  data protection needs of all other state agencies in developing recommendations and note any agency that should be excluded from participation in statewide disaster recovery management services.

     117.132.   (GP: Information Technology and Information Security Plans)  (A)  By October 1, 2014, all state agencies must submit an information technology plan and an information security plan for Fiscal Year 2014-15 to the Budget and Control Board’s Division of Technology.  State agencies must submit updates to their plans if there are changes following initial submission.  Changes that would necessitate an updated plan include, but are not limited to, changes in response to technological advancements, changes in legislation, regulation or compliance requirements, newly identified funding sources, or new issues relating to information technology management or business requirements. 

              The information technology plans required by this section shall be in the form and level of detail required by the division and shall include at least:  (1) the information technology objectives of the state agency; (2) an inventory of the state agency’s information technology; (3) any performance measures used by the state agency for implementing its information technology objectives; (4) how the state agency’s development of information technology coordinates with other governmental entities; (5) the state agency’s budget plans for information technology for the coming fiscal year which must include:  (a) all fixed, recurring information technology costs, regardless of funding sources; (b) new information technology expenditures for services, hardware upgrades/replacements and software purchases, regardless of funding sources; (c) new information technology projects, regardless of funding sources; and (d) FTE counts, temporary personnel counts, and salary information and position descriptions for all information technology personnel, regardless of funding sources; and (6) the state agency’s need for appropriations for information technology.

              The information security plans required by this section shall be in the form and level of detail required by the division and shall include at least:  (1) the information security objectives of the state agency; (2) an inventory of the state agency’s information security technology; (3) a profile of the state agency’s compliance with security policies established by the division; (4) a profile of the state agency’s sensitive data and a description of applicable state and federal privacy requirements; (5) a profile of risk management and other measures taken by the state agency to protect its data from unauthorized access and disclosure; (6) the state agency’s budget plans for information security for the coming fiscal year which must include:  (a) all fixed, recurring information security technology costs, regardless of funding sources; (b) new information security expenditures for services hardware upgrades/replacements and software purchases, regardless of funding sources; (c) new information security projects, regardless of funding sources; and (d) FTE counts, temporary personnel counts, and salary information and position descriptions for all information security personnel, regardless of funding sources; and (7) the state agency’s need for appropriations for information security.

     (B)    The director of the Division of Technology should seek advice from private and public sector resources on the efficient use of information technology and best practices.

     (C)    The Judicial Department, Legislative Department, public institutions of higher learning, technical colleges, political subdivisions and quasi-governmental bodies are specifically exempt from the requirements as provided in this proviso.

     *117.133.     (GP: Joint Transportation Corridor Study Committee)  There is created the Joint Transportation Corridor Study Committee which shall be composed of the following:  two members appointed by the Governor; one member of the Senate appointed by the President Pro-Tempore of the Senate; one member of the Senate Finance Committee appointed by the Chairman of the Senate Finance Committee; one member of the Senate Transportation Committee appointed by the Chairman of the Senate Transportation Committee; one member of the Senate Labor, Commerce and Industry Committee appointed by the Chairman of the Senate Labor, Commerce and Industry Committee; one member of the Senate appointed by the Senate Majority Leader; one member of the Senate appointed by the Senate Minority Leader; one member of the House of Representatives appointed by the Speaker of the House; one member of the House Ways and Means Committee appointed by the Chairman of the House Ways and Means Committee; one member of the House Education and Public Works Committee appointed by the Chairman of the House Education and Public Works Committee, one member of the House Labor, Commerce and Industry Committee appointed by the Chairman of the House Labor, Commerce and Industry Committee; one member of the House of Representatives appointed by the House Majority Leader; and one member of the House of Representatives appointed by the House Minority Leader.  The Joint Study Committee shall form a Government and Freight Industry Advisory Subcommittee composed of one representative from each of the following:  the South Carolina Trucking Association; the South Carolina Manufacturers Alliance; the South Carolina Chamber of Commerce; the Palmetto Agribusiness Council; the State Ports Authority; the Department of Commerce; and the Department of Transportation.

     The committee shall study transportation corridors which are the state’s primary commercial, commuter and tourist arteries, with respect to traffic congestion, safety and efficiency of existing South Carolina interstates and with respect to the state’s major metropolitan areas and which connect the vital port terminals at Charleston to upstate industries.  The study shall include, but is not limited to, the need for capacity expansion, removal of bottlenecks, traffic flow, safety improvements, interstate-only prioritization list, and adequacy of current and anticipated federal funding.  The Department of Transportation shall provide staffing and other resources as required.  Expenses of the committee shall be borne by the appointing agencies and entities.

     The committee shall submit a report containing their findings and any recommended plans of action by December 31, 2014, to the Governor, the Senate, the House of Representatives, the Joint Transportation Review Committee, and the Department of Transportation Commission.

     The Governor is encouraged to address the findings and any plans of action in the 2015 State of the State Address and/or in the Executive Budget submitted to the General Assembly.

     117.134.   (GP: Detail Budget Preparation)  The Executive Budget Office is directed to prepare the subsequent detail budget with provisos to reflect the appropriations and provisions in this act to conform with the implementation of the South Carolina Restructuring Act of 2014.

     117.135.   DELETED

     117.136.   DELETED

     117.137.   DELETED