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H 3066 Session 119 (2011-2012) H 3066 VERSIONS OF THIS BILL
12/7/2010 2/16/2011 3/2/2011 4/6/2011 1/18/2012 1/25/2012 1/31/2012 2/7/2012 2/8/2012 2/14/2012 2/15/2012 2/16/2012 2/17/2012 2/21/2012 2/21/2012-A 5/2/2012 5/3/2012  3066
Indicates New Matter AMENDED Amt. No. 2A (Doc. Path council/dka/4086sd12) Amt. No. 8A (Doc. Path council/ms/7787ahb12) Amt. No. 11A (Doc. Path council/dka/4094sd12) May 2, 2012 Introduced by Reps. G.R. Smith, Daning, Ballentine, Harrison, Allison, Hamilton, G.M. Smith, Bingham, Long, Henderson, Erickson, Horne, Willis, Weeks, McLeod, Pope, Simrill, Lucas, Norman, D.C. Moss, Clemmons, Harrell, Atwater, Bedingfield, Funderburk and Edge S. Printed 5/2/12--H. [SEC 5/3/12 11:46 AM] Read the first time January 11, 2011.
TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2011" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING CHAPTER 2 TO TITLE 2 SO AS TO PROVIDE FOR LEGISLATIVE OVERSIGHT OF EXECUTIVE DEPARTMENTS AND THE PROCESSES AND PROCEDURES TO BE FOLLOWED IN CONNECTION WITH THIS OVERSIGHT; TO AMEND SECTIONS 1-11-20, AS AMENDED, 1-11-22, 1-11-55, 1-11-56, 1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, 1-11-110, 1-11-180, 1-11-220, 1-11-225, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, AS AMENDED, 1-11-315, 1-11-320, 1-11-335, 1-11-340, 1-11-435; 2-13-240, CHAPTER 9, TITLE 3; 10-1-10, 10-1-30, AS AMENDED, 10-1-40, 10-1-130, 10-1-190, CHAPTER 9, TITLE 10, 10-11-50, AS AMENDED, 10-11-90, 10-11-110, 10-11-140, 10-11-330; 11-9-610, 11-9-620, 11-9-630, 11-35-3810, AS AMENDED, 11-35-3820, AS AMENDED, 11-35-3830, AS AMENDED, 11-35-3840, AS AMENDED, 13-7-30, AS AMENDED, 13-7-830, AS AMENDED; 44-53-530, AS AMENDED, AND 44-96-140; 48-46-30, 48-46-40, 48-46-50, 48-46-60, 48-46-90, 48-52-410, 48-52-440, AND 48-52-460; AND BY ADDING SECTION 1-11-185 RELATING TO VARIOUS AGENCY OR DEPARTMENT PROVISIONS SO AS TO CONFORM THEM TO THE ABOVE PROVISIONS PERTAINING TO THE NEW DEPARTMENT OF ADMINISTRATION OR TO SUPPLEMENT SUCH PROVISIONS. Amend Title To Conform Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "South Carolina Restructuring Act of 2012".
SECTION 2. A. Effective July 1, 2013, the State Budget and Control Board, and its related divisions and offices, is abolished and its duties and functions specified by law, except as otherwise provided, are devolved upon the Department of Administration. B. After determining how many vacant FTE's at the State Budget and Control Board shall be used to fill needed positions in the Executive Budget Office as provided in subsection (C)(2) of Section 1-30-125, to be done in consultation with the Office of the Governor, the Executive Director of the State Budget and Control Board, upon approval of the board, prior to July 1, 2013, shall eliminate at least one hundred forty-seven vacant FTE's within the board or its divisions, components, or offices prior to the devolvement of specified duties and functions of the board upon the Department of Administration as provided in this act. C. Section 1-11-10 of the 1976 Code is repealed.
SECTION 3. Section 1-30-10(A) of the 1976 Code, as last amended by Act 146 of 2010, is further amended by adding a new item to be appropriately numbered at the end: "___. Department of Administration" SECTION 4. Chapter 30, Title 1 of the 1976 Code is amended by adding: "Section 1-30-125. (A) Effective July 1, 2013, the following offices, divisions, or components of the former State Budget and Control Board, Office of the Governor, or other agencies are transferred to, and incorporated into, the Department of Administration, a department of the executive branch of state government headed by a director appointed by the Governor as provided in Section 1-30-10(B)(1)(i) except that this appointment must be upon the advice and consent of the Senate: (1) Division of General Services including Facilities Management, Business Services together with Fleet Management, and Property Services; (2) Office of Human Resources; (3) Office of Executive Policy and Programs; (4) Office of the State Retirement System; (5) Employee Insurance Program in the Office of Insurance Services; (6) Office of Economic Opportunity; (7) Developmental Disabilities Council; (8) Children's Foster Care as established by Article 7, Chapter 11, Title 63; (9) Veterans Affairs as established by Section 25-11-10; (10) Commission on Women as established by Section 1-15-10; (11) Victims Assistance as established by Article 13, Chapter 3, Title 16; (12) Division of State Information Technology of the State Budget and Control Board; (13) Division of Procurement Services of the State Budget and Control Board; (14) Guardian Ad Litem program as established by Section 63-11-500; (15) Children's Case Resolution System as provided for in Section 63-11-1110; (16) Division of Small and Minority Business Contracting and Certification as established by Section 11-35-5270, formerly known as the Small and Minority Business Assistance Office; and (17) Continuum of Care for Emotionally Disturbed Children as established by Section 63-11-1310. (B) The Office of the State Retirement System transferred to the Department of Administration as provided above shall perform all administrative and operational functions of the State Retirement System except for those policy decisions reserved by law to the newly established State Contracts and Accountability Authority, but the Department of Administration is not the trustee and fiduciary of the funds of the State Retirement System. (C)(1) There is established, within the Department of Administration, the Executive Budget Office which shall support the Office of the Governor by conducting analysis, implementing and monitoring the annual general appropriations act, and evaluating program performance. (2) The Executive Budget Office shall use the existing resources of the organizations transferred to the Department of Administration including, but not limited to, funding, personnel, equipment, and supplies. Vacant FTE's at the former State Budget and Control Board also may be used to fill needed positions for the office." SECTION 5. (A) Where the provisions of this act transfer offices, or portions of offices, of the Budget and Control Board, Office of the Governor, or other agencies to the new Department of Administration or other entities, including those newly created by the provisions of this act, the employees, authorized appropriations, and assets and liabilities of the transferred offices are also transferred to and become part of the Department of Administration or other entities, including those newly created by the provisions of this act. All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Administration or other entities, including those newly created by the provisions of this act, with the same compensation, classification, and grade level, as applicable. (B) Regulations promulgated by these transferred offices as they formerly existed under the former Budget and Control Board, Office of the Governor, or other agencies are continued and are considered to be promulgated by these offices under the newly created Department of Administration or other entities, including those newly created by the provisions of this act. (C)(1) The Code Commissioner is directed to change or correct all references to these offices of the former Budget and Control Board in the 1976 Code, Office of the Governor, or other agencies to reflect the transfer of them to the Department of Administration or other entities, including those newly created by the provisions of this act. References to the names of these offices in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate references. (2) On or before July 1, 2013, the Code Commissioner also shall prepare and deliver a report to the President Pro Tempore of the Senate and the Speaker of the House of Representatives concerning appropriate and conforming changes to the 1976 Code of Laws reflecting the provisions of this act.
SECTION 6. Title 2 of the 1976 Code is amended by adding:
Section 2-2-5. The General Assembly finds and declares the following to be the public policy of the State of South Carolina: (1) Section 1 of Article XII of the constitution of this State requires the General Assembly to provide for appropriate agencies to function in the areas of health, welfare, and safety and to determine the activities, powers, and duties of these agencies and departments. (2) This constitutional duty is a continuing and ongoing obligation of the General Assembly that is best addressed by periodic review of the programs of the agencies and departments and their responsiveness to the needs of the state's citizens by the standing committees of the State Senate or House of Representatives. Section 2-2-10. As used in this chapter: (1) 'Agency' means an authority, board, branch, commission, committee, department, division, or other instrumentality of the executive or judicial departments of state government, including administrative bodies. 'Agency' includes a body corporate and politic established as an instrumentality of the State. 'Agency' does not include: (a) the legislative department of state government; or (b) a political subdivision. (2) 'Investigating committee' means any standing committee or subcommittee of a standing committee exercising its authority to conduct an oversight study and investigation of an agency within the standing committee's subject matter jurisdiction. (3) 'Program evaluation report' means a report compiled by an agency at the request of an investigating committee that may include, but is not limited to, a review of agency management and organization, program delivery, agency goals and objectives, compliance with its statutory mandate, and fiscal accountability. (4) 'Request for information' means a list of questions that an investigating committee serves on a department or agency under investigation. The questions may relate to any matters concerning the department or agency's actions that are the subject of the investigation. (5) 'Standing committee' means a permanent committee with a regular meeting schedule and designated subject matter jurisdiction that is authorized by the Rules of the Senate or the Rules of the House of Representatives. Section 2-2-20. (A) Beginning January 1, 2015, each standing committee shall conduct oversight studies and investigations on all agencies within the standing committee's subject matter jurisdiction at least once every seven years in accordance with a schedule adopted as provided in this chapter. (B) The purpose of these oversight studies and investigations is to determine if agency laws and programs within the subject matter jurisdiction of a standing committee: (1) are being implemented and carried out in accordance with the intent of the General Assembly; and (2) should be continued, curtailed, or eliminated. (C) The oversight studies and investigations must consider: (1) the application, administration, execution, and effectiveness of laws and programs addressing subjects within the standing committee's subject matter jurisdiction; (2) the organization and operation of state agencies and entities having responsibilities for the administration and execution of laws and programs addressing subjects within the standing committee's subject matter jurisdiction; and (3) any conditions or circumstances that may indicate the necessity or desirability of enacting new or additional legislation addressing subjects within the standing committee's subject matter jurisdiction. Section 2-2-30. (A) The procedure for conducting the oversight studies and investigations is provided in this section. (B)(1) The President Pro Tempore of the Senate, upon consulting with the chairmen of the standing committees in the Senate and the Clerk of the Senate, shall determine the agencies for which each standing committee shall conduct oversight studies and investigations. A proposed seven-year review schedule must be published in the Senate Journal on the first day of session each year. (2) In order to accomplish the requirements of this chapter, the chairman of each standing committee shall schedule oversight studies and investigations for the agencies for which his standing committee is the investigating committee and may: (a) coordinate schedules for conducting oversight studies and investigations with the chairmen of other standing committees; and (b) appoint joint investigating committees to conduct the oversight studies and investigations including, but not limited to, joint committees of the Senate and House of Representatives or joint standing committees of concurrent subject matter jurisdiction within the Senate or within the House of Representatives. (3) Chairmen of standing committees having concurrent subject matter jurisdiction over an agency or the programs and law governing an agency by virtue of the Rules of the Senate or Rules of the House of Representatives, may request that a joint investigating committee be appointed to conduct the oversight study and investigation for an agency. (C)(1) The Speaker of the House of Representatives, upon consulting with the chairmen of the standing committees in the House of Representatives and the Clerk of the House of Representatives, shall determine the agencies for which each standing committee shall conduct oversight studies and investigations. A proposed seven-year review schedule must be published in the House Journal on the first day of session each year. (2) In order to accomplish the requirements of this chapter, the chairman of each standing committee shall schedule oversight studies and investigations for the agencies for which his standing committee is the investigating committee and may: (a) coordinate schedules for conducting oversight studies and investigations with the chairmen of other standing committees; and (b) appoint joint investigating committees to conduct the oversight studies and investigations including, but not limited to, joint committees of the Senate and House of Representatives or joint standing committees of concurrent subject matter jurisdiction within the Senate or within the House of Representatives. (3) Chairmen of standing committees having concurrent subject matter jurisdiction over an agency or the programs and law governing an agency by virtue of the Rules of the Senate or Rules of the House of Representatives, may request that a joint investigating committee be appointed to conduct the oversight study and investigation for the agency. (D) The chairman of an investigating committee may vest the standing committee's full investigative power and authority in a subcommittee. A subcommittee conducting an oversight study and investigation of an agency: (1) shall make a full report of its findings and recommendations to the standing committee at the conclusion of its oversight study and investigation, and (2) shall not consist of fewer than three members. Section 2-2-40. (A) In addition to the scheduled seven-year oversight studies and investigations, a standing committee of the Senate or the House of Representatives may by a two-thirds vote of the standing committee's membership initiate an oversight study and investigation of an agency within its subject matter jurisdiction. The motion calling for the oversight study and investigation must state the subject matter and scope of the oversight study and investigation. The oversight study and investigation must not exceed the scope stated in the motion or the scope of the information uncovered by the investigation. (B) Nothing in the provisions of this chapter prohibits or restricts the President Pro Tempore of the Senate, the Speaker of the House of Representatives, or chairmen of standing committees from fulfilling their constitutional obligations by authorizing and conducting legislative investigations into agencies' functions, duties, and activities. Section 2-2-50. When an investigating committee conducts an oversight study and investigation or a legislative investigation is conducted pursuant to Section 2-2-40(B), evidence or information related to the investigation may be acquired by any lawful means, including, but not limited to: (A) serving a request for information on the agency being studied or investigated. The request for information must be answered separately and fully in writing under oath and returned to the investigating committee within forty-five days after being served upon the department or agency. The time for answering a request for information may be extended for a period to be agreed upon by the investigating committee and the agency for good cause shown. The head of the department or agency shall sign the answers verifying them as true and correct. If any question contains a request for records, policies, audio or video recordings, or other documents, the question is not considered to have been answered unless a complete set of records, policies, audio or video recordings or other documents is included with the answer; (B) deposing witnesses upon oral examination. A deposition upon oral examination may be taken from any person that the investigating committee has reason to believe has knowledge of the activities under investigation. The investigating committee shall provide the person being deposed and the agency under investigation with no less than ten days notice of the deposition. The notice to the agency shall state the time and place for taking the deposition and name and address of each person to be examined. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena must be attached to or included in the notice. The deposition must be taken under oath administered by the chairman of the investigating committee or his designee. The testimony must be taken stenographically or recorded by some other means and may be videotaped. A person may be compelled to attend a deposition in the county in which he resides or in Richland County; (C) issuing subpoenas to employees of the agency and subpoenas duces tecum for papers and documents in the possession of the state agency or its employees pursuant to Chapter 69 of this title; and (D) requiring the agency to prepare and submit to the investigating committee a program evaluation report by a date specified by the investigating committee. The investigating committee shall specify the agency program or programs or agency operations that it is studying or investigating and the information to be contained in the program evaluation report. Section 2-2-60. (A) An investigating committee's request for a program evaluation report must contain: (1) the agency program or operations that it intends to investigate; (2) the information that must be included in the report; and (3) the date that the report must be submitted to the committee. (B) An investigating committee may request that the program evaluation report contain any of the following information: (1) enabling or authorizing law or other relevant mandate, including any federal mandates; (2) a description of each program administered by the agency identified by the investigating committee in the request for a program evaluation report, including the following information: (a) established priorities, including goals and objectives in meeting each priority; (b) performance criteria, timetables, or other benchmarks used by the agency to measure its progress in achieving its goals and objectives; (c) an assessment by the agency indicating the extent to which it has met the goals and objectives, using the performance criteria. When an agency has not met its goals and objectives, the agency shall identify the reasons for not meeting them and the corrective measures the agency has taken to meet them in the future; (3) organizational structure, including a position count, job classification, and organization flow chart indicating lines of responsibility; (4) financial summary, including sources of funding by program and the amounts allocated or appropriated and expended over the last ten years; (5) identification of areas where the agency has coordinated efforts with other state and federal agencies in achieving program objectives and other areas in which an agency could establish cooperative arrangements including, but not limited to, cooperative arrangements to coordinate services and eliminate redundant requirements; (6) identification of the constituencies served by the agency or program, noting any changes or projected changes in the constituencies; (7) a summary of efforts by the agency or program regarding the use of alternative delivery systems, including privatization, in meeting its goals and objectives; (8) identification of emerging issues for the agency; (9) a comparison of any related federal laws and regulations to the state laws governing the agency or program and the rules implemented by the agency or program; (10) agency policies for collecting, managing, and using personal information over the Internet and nonelectronically, information on the agency's implementation of information technologies; (11) a list of reports, applications, and other similar paperwork required to be filed with the agency by the public. The list must include: (a) the statutory authority for each filing requirement; (b) the date each filing requirement was adopted or last amended by the agency; (c) the frequency that filing is required; (d) the number of filings received annually for the last five years and the number of anticipated filings for the next five years; (e) a description of the actions taken or contemplated by the agency to reduce filing requirements and paperwork duplication; (12) any other relevant information specifically requested by the investigating committee. (C) All information contained in a program evaluation report must be presented in a concise and complete manner. (D) The chairman of the investigating committee may direct the Legislative Audit Council to perform a study of the program evaluation report and report its findings to the investigating committee. The chairman also may direct the Legislative Audit Council to perform its own audit of the program or operations being studied or investigated by the investigating committee. (E) A state agency that is vested with revenue bonding authority may submit annual reports and annual external audit reports conducted by a third party in lieu of a program evaluation report. Section 2-2-70. All testimony given to the investigating committee must be under oath. Section 2-2-80. Any witness testifying before or deposed by the investigating committee may have counsel present to advise him. The witness or his counsel may, during the time of testimony or deposition, object to any question detrimental to the witness' interests and is entitled to have a ruling by the chairman on any objection. In making his ruling, the chairman of the investigating committee shall follow as closely as possible the procedures and rules of evidence observed by the circuit courts of this State. Section 2-2-90. A witness shall be given the benefit of any privilege which he may have claimed in court as a party to a civil action. Section 2-2-100. Any person who appears before a committee or subcommittee of either house, pursuant to this chapter, and wilfully gives false, materially misleading, or materially incomplete testimony under oath is guilty of contempt of the General Assembly. A person who is convicted of or pleads guilty to contempt of the General Assembly is guilty of a felony and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both. Section 2-2-110. Whenever any person violates Section 2-2-100 it is the duty of the chair of the committee or subcommittee before which the false, misleading, or incomplete testimony was given, to notify the Attorney General of South Carolina who shall cause charges to be filed in the appropriate county. Section 2-2-120. A person is guilty of criminal contempt when, having been duly subpoenaed to attend as a witness before either house of the legislature or before any committee thereof, he: (1) fails or refuses to attend without lawful excuse; or (2) refuses to be sworn; or (3) refuses to answer any material and proper question; or (4) refuses, after reasonable notice, to produce books, papers, or documents in his possession or under his control which constitute material and proper evidence. A person who is convicted of or pleads guilty to criminal contempt is guilty of a felony and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both."
SECTION 7. A. Section 1-11-20 of the 1976 Code, as last amended by Act 164 of 2005, is further amended to read:
"Section 1-11-20. (B) The memorandum of understanding at a minimum shall provide for: (1) continued use of existing office space; (2) a method for the allocation of new, additional, or different office space; (3) adequate parking; (4) a method for the allocation of new, additional, or different parking; (5) the provision of appropriate levels of custodial, maintenance, and other services currently provided by the General Services Division of the State Budget and Control Board; (6) the ability for each agency or department to maintain building access control for its allocated office space; (7) access control for the Senate and House chambers and courtrooms as appropriate; and (8) procedures and criteria for determining rental rates and charges for state space as required in subsection (C). (C) The memorandum of understanding shall provide for the method used by the Department of Administration in determining the calculation and collection of rental and lease charges for all state agencies and departments, to include legislative and judicial agencies and departments. Until agreement on this provision is reached and included in the memorandum of understanding, with approval from appropriate officials of the legislative branch and the Department of Administration, state agencies and departments shall not pay rent on state-owned space or facilities, in addition to not transferring the Division of General Services to the Department of Administration. Notwithstanding any other provision of law, the provisions of this subsection supercede any existing rental or lease agreements to the contrary. (D) The parties may modify the memorandum of understanding by mutual consent at any time." B. Section 1-11-22 of the 1976 Code is amended to read:
"Section 1-11-22. Notwithstanding any other provision of law, C. Sections 1-11-55, 1-11-56, and 1-11-58 of the 1976 Code are amended to read:
Section 1-11-55. (1) 'Governmental body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school,
(2) The
(3) When any governmental body needs to acquire real property for its operations or any part thereof and state-owned property is not available, it shall notify the
(4) The
(5) Any participant in a property transaction proposed to be entered who maintains that a procedure provided for in this section has not been properly followed, may request review of the transaction by the director of the
Section 1-11-56. (A) The (1) assessing and evaluating agency needs, including the authority to require agency justification for any request to lease public or private space; (2) establishing standards for the quality and quantity of space to be leased by a requesting agency; (3) devising and requiring the use of a standard lease form (approved by the Attorney General) with provisions which assert and protect the state's prerogatives including, but not limited to, a right of cancellation in the event of: (a) a nonappropriation for the renting agency, (b) a dissolution of the agency, and (c) the availability of public space in substitution for private space being leased by the agency; (4) rejecting an agency's request for additional space or space at a specific location, or both; (5) directing agencies to be located in public space, when available, before private space can be leased;
(6) requiring the agency to submit a multi-year financial plan for review by the
(7) requiring prior review by the Joint Bond Review Committee and the requirement of (B) Leases or rental agreements involving amounts below the thresholds provided in item (7) of subsection (A) may be executed by the Department of Administration without this prior review and approval. (C) The threshold requirements requiring review by the Joint Bond Review Committee and approval by the State Contracts and Accountability Authority as contained in item (7) of subsection (A) also apply to leases or rental agreements with nonstate entities whether or not the state or its agencies or departments is the lessee or lessor.
Section 1-11-58. (A)(1) Every state agency, as defined by Section 1-19-40, shall annually perform an inventory and prepare a report of all residential and surplus real property owned by it. The report shall be submitted to the
(2) The
(3) Upon receipt of a request by an agency to acquire additional property, the
(4) The (B) The procedures involving surplus real property sales under this section are also subject to the approvals required in Section 1-11-65 for surplus real property sales above five hundred thousand dollars." D. Sections 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, 1-11-110, and 1-11-180 of the 1976 Code are amended to read:
"Section 1-11-65. (A) All transactions involving real property, made for or by any governmental bodies, excluding political subdivisions of the State, must be approved by and recorded with the (B) All state agencies, departments, and institutions authorized by law to accept gifts of tangible personal property shall have executed by its governing body an acknowledgment of acceptance prior to transfer of the tangible personal property to the agency, department, or institution.
Section 1-11-67.
Section 1-11-70. All vacant lands and lands purchased by the former land commissioners of the State
Section 1-11-80. The
Section 1-11-90. The
Section 1-11-100. Deeds or other instruments conveying such rights of way or easements over such marshlands or vacant lands as are owned by the State shall be executed by the Governor in the name of the State, when
Section 1-11-110. (1) The
(2) The
Section 1-11-180. (A) In addition to the powers granted the (1) survey, appraise, examine, and inspect the condition of state property to determine what is necessary to protect state property against fire or deterioration and to conserve the use of the property for state purposes;
(2)
(B) The E. Chapter 11, Title 1 of the 1976 Code is amended by adding: "Section 1-11-185. (A) In addition to the powers granted the Department of Administration pursuant to this chapter or another provision of law, the department may require submission and approval of plans and specifications for a permanent improvement project of a cost of five hundred thousand dollars or less by a state department, agency, or institution of the executive branch before a contract is awarded for the permanent improvement project. If the cost of the permanent improvement project is more than five hundred thousand dollars, approval of the State Contracts and Accountability Authority is required, in lieu of the department's, before the contract may be awarded and the authority may require submission of the plans and specifications for this purpose. The provisions of this subsection are in addition to any other requirements of law relating to permanent improvement projects, including the provisions of Chapter 47, Title 2. (B) The Department of Administration may promulgate regulations necessary to carry out its duties. (C) The respective divisions of the Department of Administration are authorized to provide to and receive from other governmental entities, including other divisions and state and local agencies and departments, goods and services as will in its opinion promote efficient and economical operations. The divisions may charge and pay the entities for the goods and services, the revenue from which must be deposited in the state treasury in a special account and expended only for the costs of providing the goods and services, and those funds may be retained and expended for the same purposes." F. 1. Section 1-11-220 of the 1976 Code, as last amended by Act 203 of 2008, is further amended to read:
"Section 1-11-220. There is hereby established within the
The
(a)
(b)
(c)
(d)
(e)
(f)
(g) 2. Section 1-11-225 of the 1976 Code is amended to read:
"Section 1-11-225. The 3. Sections 1-11-250, 1-11-260, 1-11-270(A), 1-11-280, 1-11-290; 1-11-300, 1-11-310, as last amended by Act 203 of 2008, 1-11-315, 1-11-320; 1-11-335, and 1-11-340 of the 1976 Code are amended to read: "Section 1-11-250. For purposes of Sections 1-11-220 to 1-11-330: (a) 'State agency' means all officers, departments, boards, commissions, institutions, universities, colleges, and all persons and administrative units of state government that operate motor vehicles purchased, leased, or otherwise held with the use of state funds, pursuant to an appropriation, grant or encumbrance of state funds, or operated pursuant to authority granted by the State.
(b) '
Section 1-11-260. (A) The Fleet Manager shall report annually to the
(B) The
Section 1-11-270. (A) The
Section 1-11-280. The The provisions of this section shall not apply to school buses and service vehicles.
Section 1-11-290. The The State Vehicle Maintenance program shall include: (a) central purchasing of supplies and parts; (b) an effective inventory control system; (c) a uniform work order and record-keeping system assigning actual maintenance cost to each vehicle; and (d) preventive maintenance programs for all types of vehicles. All motor fuels shall be purchased from state facilities except in cases where such purchase is impossible or not cost beneficial to the State. All fuels, lubricants, parts, and maintenance costs including those purchased from commercial vendors shall be charged to a state credit card bearing the license plate number of the vehicle serviced and the bill shall include the mileage on the odometer of the vehicle at the time of service.
Section 1-11-300. In accordance with criteria established by the (1) from state-owned facilities and paid for by the use of Universal State Credit Cards except where agencies purchase these products in bulk; (2) from any fuel outlet where gasoline and oil are sold regardless of whether the outlet accepts a credit or charge card when the purchase is necessary or in the best interest of the State; and (3) from a fuel outlet where gasoline and oil are sold when that outlet agrees to accept the Universal State Credit Card.
These provisions regarding purchase of gasoline and oil and usability of the state credit card also apply to alternative transportation fuels where available. The
Section 1-11-310. (A) The
(B) The standard state fleet sedan or station wagon must be no larger than a compact model and the special state fleet sedan or station wagon must be no larger than an intermediate model. The
(C) The State shall purchase police sedans only for the use of law enforcement officers, as defined by the Internal Revenue Code. Purchase of a vehicle under this subsection must be concurred in by the
(D) All state motor vehicles must be titled to the State and must be received by and remain in the possession of the (E) Titles to school buses and service vehicles operated by the State Department of Education and vehicles operated by the South Carolina Department of Transportation must be retained by those agencies.
(F) Exceptions to requirements in subsections (B) and (C) must be approved by the (G) Preference in purchasing state motor vehicles must be given to vehicles assembled in the United States with at least seventy-five percent domestic content as determined by the appropriate federal agency. (H) Preference in purchasing state motor vehicles must be given to hybrid, plug-in hybrid, bio-diesel, hydrogen, fuel cell, or flex-fuel vehicles when the performance, quality, and anticipated life cycle costs are comparable to other available motor vehicles.
Section 1-11-315. The
Section 1-11-320. The
This section shall not apply to vehicles supplied to law enforcement officers when, in the opinion of the
Section 1-11-335. The respective divisions of the
Section 1-11-340. The G. Section 1-11-435 of the 1976 Code is amended to read:
"Section 1-11-435. To protect the state's critical information technology infrastructure and associated data systems in the event of a major disaster, whether natural or otherwise, and to allow the services to the citizens of this State to continue in such an event, the H. Section 1-15-10 of the 1976 Code, as last amended by Act 249 of 2008, is further amended to read:
"Section 1-15-10. There is hereby created a Commission on Women to be composed of fifteen members appointed by the Governor with the advice and consent of the Senate from among persons with a competency in the area of public affairs and women's activities. One member must be appointed from each congressional district and the remaining members from the State at large. The commission shall be under and a part of the I. Section 1-30-110 of the 1976 Code is repealed. J. Chapter 9, Title 3 of the 1976 Code is amended to read:
Section 3-9-10. (a) The Division of General Services of the (1) to acquire from the United States of America under and in conformance with the provisions of Section 203 (j) of the Federal Property and Administrative Services Act of 1949, as amended, hereafter referred to as the 'act,' such property, including equipment, materials, books, or other supplies under the control of any department or agency of the United States of America as may be usable and necessary for purposes of education, public health or civil defense, including research for any such purpose, and for such other purposes as may now or hereafter be authorized by federal law; (2) to warehouse such property; and (3) to distribute such property within the State to tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges and universities within the State, to other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges and universities which are exempt from taxation under Section 501 (c)(3) of the United States Internal Revenue Code of 1954, to civil defense organizations of the State, or political subdivisions and instrumentalities thereof, which are established pursuant to State law, and to such other types of institutions or activities as may now be or hereafter become eligible under Federal law to acquire such property. (b) The Division of General Services of the Department of Administration is authorized to receive applications from eligible health and educational institutions for the acquisition of Federal surplus real property, investigate the applications, obtain expression of views respecting the applications from the appropriate health or educational authorities of the State, make recommendations regarding the need of such applicant for the property, the merits of its proposed program of utilization, the suitability of the property for the purposes, and otherwise assist in the processing of the applications for acquisition of real and related personal property of the United States under Section 203 (k) of the act. (c) For the purpose of executing its authority under this chapter, the Division of General Services is authorized to adopt, amend or rescind rules and regulations and prescribe such requirements as may be deemed necessary; and take such other action as is deemed necessary and suitable, in the administration of this chapter, to assure maximum utilization by and benefit to health, educational and civil defense institutions and organizations within the State from property distributed under this chapter.
(d) The (e) The Director of the Division of General Services is authorized to make such certifications, take such action and enter into such contracts, agreements and undertakings for and in the name of the State (including cooperative agreements with any Federal agencies providing for utilization of property and facilities by and exchange between them of personnel and services without reimbursement), require such reports and make such investigations as may be required by law or regulation of the United States of America in connection with the receipt, warehousing, and distribution of personal property received by him from the United States of America. (f) The Division of General Services is authorized to act as clearinghouse of information for the public and private nonprofit institutions, organizations and agencies referred to in subparagraph (a) of this section and other institutions eligible to acquire federal surplus personal property, to locate both real and personal property available for acquisition from the United States of America, to ascertain the terms and conditions under which such property may be obtained, to receive requests from the above-mentioned institutions, organizations, and agencies and to transmit to them all available information in reference to such property, and to aid and assist such institutions, organizations, and agencies in every way possible in the consummation of acquisitions or transactions hereunder.
(g) The Division of General Services, in the administration of this chapter, shall cooperate to the fullest extent consistent with the provisions of the act
Section 3-9-20. The Director of the Division of General Services may delegate such power and authority as he deems reasonable and proper for the effective administration of this chapter. The Section 3-9-30. Any charges made or fees assessed by the Division of General Services for the acquisition, warehousing, distribution, or transfer of any property of the United States of America for educational, public health, or civil defense purposes, including research for any such purpose, or for any purpose which may now be or hereafter become eligible under the act, shall be limited to those reasonably related to the costs of care and handling in respect to its acquisition, receipt, warehousing, distribution, or transfer. Section 3-9-40. The provisions of this chapter shall not apply to the acquisition of property acquired by agencies of the State under the priorities established by Section 308 (b), Title 23, United States Code, Annotated." K. Section 10-1-10 of the 1976 Code, as last amended by Act 628 of 1988, is further amended to read:
"Section 10-1-10. The L. Section 10-1-30 of the 1976 Code, as last amended by Act 628 of 1988, is further amended to read:
"Section 10-1-30. (A) The Director of the Division of General Services
(B) The Clerk of the Senate and the Clerk of the House of Representatives shall provide joint approval for access to or the use of the second and third floors of the State House; provided, that use of the respective chambers of each house shall be the prerogative of that house. The
(C) The regulations promulgated pursuant to subsection (A) must contain provisions to M. Section 10-1-130 of the 1976 Code is amended to read:
"Section 10-1-130. The trustees or governing bodies of state institutions and agencies may grant easements and rights of way over any property under their control, upon the N. Section 10-1-190 of the 1976 Code, as added by Act 145 of 1995, is amended to read:
"Section 10-1-190. As part of the approval process relating to trades of state property for nonstate property, the O. Chapter 9, Title 10 of the 1976 Code is amended to read:
Section 10-9-10. The Public Service Authority may, through its board of directors, make and execute leases of gas, oil, and other minerals and mineral rights, excluding phosphate and lime and phosphatic deposits, over and upon the lands and properties owned by said authority; and the Section 10-9-20. No such lease shall provide for a royalty of less than twelve and one-half per cent of production of oil and gas from the lease.
Section 10-9-30. Nothing contained in this article shall estop the State from enacting proper laws for the conservation of the oil, gas and other mineral resources of the State and all leases and contracts made under authority of this article shall be subject to such laws; provided, that the Section 10-9-35. In the event that the State of South Carolina is the recipient of revenues derived from offshore oil leases within the jurisdictional limits of the State such revenues shall be deposited with the State Treasurer in a special fund and shall be expended only by authorization of the General Assembly. Funds so accumulated shall be expended only for the following purposes: (1) to retire the bonded indebtedness incurred by South Carolina; (2) for capital improvement expenditures.
Section 10-9-40. The authority conferred upon the Public Service Authority, the
Section 10-9-110. The
Section 10-9-120. The
Section 10-9-130. The
Section 10-9-140. In every case in which
Section 10-9-150. As a condition precedent to the right to dig, mine, and remove the rocks and deposits granted by
Section 10-9-160. Whenever the
Section 10-9-170. The
Section 10-9-180. The Section 10-9-190. Each person to whom a license shall be issued must, at the end of every month, make to the Comptroller General a true and lawful return of the phosphate rock and phosphatic deposits he may have dug or mined during such month and shall punctually pay to the State Treasurer, at the end of every quarter or three months, a royalty of five cents per ton upon each and every ton of the crude rock (not of the rock after it has been steamed or dried), the first quarter to commence to run on the first day of January in each year.
Section 10-9-200. The Section 10-9-210. Every person who shall dig, mine, or remove any phosphate rock or phosphatic deposit from the beds of the navigable streams, waters, and marshes of the State without license therefor previously granted by the State to such person shall be liable to a penalty of ten dollars for each and every ton of phosphate rock or phosphatic deposits so dug, mined, or removed, to be recovered by action at the suit of the State in any court of competent jurisdiction. One-half of such penalty shall be for the use of the State and the other half for the use of the informer.
Section 10-9-220. It shall be unlawful for any person to purchase or receive any phosphate rock or phosphatic deposit dug, mined, or removed from the navigable streams, waters, or marshes of the State from any person not duly authorized by act of the General Assembly of this State or license of the Section 10-9-230. Any person violating Section 10-9-220 shall forfeit to the State the sum of ten dollars for each and every ton of phosphate rock or phosphatic deposit so purchased or received, to be recovered by action in any court of competent jurisdiction. One-half of such forfeiture shall be for the use of the State and the other half for the use of the informer.
Section 10-9-240. Should any person whosoever interfere with, obstruct, or molest or attempt to interfere with, obstruct, or molest the
Section 10-9-250. Should any person attempt to mine or remove phosphate rock and phosphatic deposits from any of the marshes, navigable waters, or streams, including the Coosaw River phosphate territory, by and with any boat, vessel, marine dredge, or other appliances for such mining or removal, without the leave or license of the
Section 10-9-260. Any person wilfully interfering with, molesting, or obstructing or attempting to interfere with, molest, or obstruct the State or the
Section 10-9-270. The
Section 10-9-310. For purposes of this article 'geothermal resources'
(1) the energy, including pressure, in whatever form present in, resulting from, created by, or that may be extracted from that natural heat
(2) the material medium, including the brines, water, and steam naturally present, as well as any substance artificially introduced to serve as a heat transfer medium (3) all dissolved or entrained minerals and gases that may be obtained from the material medium but excluding hydrocarbon substances and helium.
Section 10-9-320. The Section 10-9-330. Any lease of rights to drill for and use oil, natural gas, or minerals on public or private lands must not allow drilling for or use of geothermal energy by the lessee unless the instrument creating the lease specifically provides for such use." P. Section 10-11-50 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 10-11-50. It shall be unlawful for anyone to park any vehicle on any of the property described in Section 10-11-40 and subsection (2) of Section 10-11-80 except in the spaces and manner now marked and designated or that may hereafter be marked and designated by the Q. Section 10-11-90 of the 1976 Code is amended to read:
"Section 10-11-90. The watchmen and policemen employed R. Section 10-11-110 of the 1976 Code is amended to read:
"Section 10-11-110. In connection with traffic and parking violations only, the watchmen and policemen referred to in Section 10-11-90, state highway patrolmen and policemen of the City of Columbia shall have the right to issue and use parking tickets of the type used by the City of Columbia, with such changes as are necessitated hereby, to be prepared and furnished by the S. Section 10-11-140 of the 1976 Code is amended to read:
"Section 10-11-140. Nothing contained in this article shall be construed to abridge the authority of the T. Section 10-11-330 of the 1976 Code is amended to read:
"Section 10-11-330. It shall be unlawful for any person or group of persons U. Sections 11-9-610, 11-9-620, and 11-9-630 of the 1976 Code are amended to read:
"Section 11-9-610. The
Section 11-9-620. All
Section 11-9-630. The V. Sections 11-35-3810 and 11-35-3830, both as last amended by Act 153 of 1997, and Sections 11-35-3820, 11-35-3840, and Section 11-35-5270, all as last amended by Act 376 of 2006, of the 1976 Code are further amended to read:
"Section 11-35-3810. Subject to existing provisions of law, the (1) the sale, lease, or disposal of surplus supplies by public auction, competitive sealed bidding, or other appropriate methods designated by such regulations; (2) the transfer of excess supplies between agencies and departments.
Section 11-35-3820. Except as provided in Section 11-35-1580 and Section 11-35-3830 and the regulations pursuant to them, the sale of all state-owned supplies, or personal property not in actual public use must be conducted and directed by the
Section 11-35-3830. (1) Trade-in Value. Unless otherwise provided by law, governmental bodies may trade-in personal property, the trade-in value of which may be applied to the procurement or lease of like items. The trade-in value of such personal property shall not exceed an amount as specified in regulations promulgated by the
(2) Approval of Trade-in Sales. When the trade-in value of personal property of a governmental body exceeds the specified amount, the (a) the subject personal property shall be traded in and the value applied to the purchase of new like items; or
(b) the property shall be classified as surplus and sold in accordance with the provisions of Section 11-35-3820. The (3) Record of Trade-in Sales. Governmental bodies shall submit quarterly to the materials management officer a record listing all trade-in sales made under subsections (1) and (2) of this section.
Section 11-35-3840. The
Section 11-35-5270.
(1)
(2)
(3)
(4)
(5) (6) create a new Uniform Certification System to streamline the certification process and reduce the redundancy in certifying women and minority-owned businesses and create a centralized small and minority business contracting and certification database.
(7) (a) fraud or deceit in obtaining the certification; (b) furnishing of substantially inaccurate or incomplete information concerning ownership or financial status; (c) failure to report changes which affect the requirements for certification; (d) gross negligence, incompetence, financial irresponsibility, or misconduct in the practice of his business; or (e) wilful violation of any provision of this article.
W. Section 11-53-20 of the 1976 Code is amended to read:
"Section 11-53-20. It is mandated by the General Assembly that the SCEIS shall be implemented for all agencies, with the exception of lump sum agencies, the General Assembly or its respective branches or its committees, Legislative Council, and the Office of Legislative Printing and Information Technology Resources. The South Carolina Enterprise Information System Oversight Committee, as appointed by the Comptroller General, shall provide oversight for the implementation and continued operations of the system. The X. Section 13-7-810 of the 1976 Code is amended to read: "Section 13-7-810. There is hereby established a Governor's Nuclear Advisory Council in the Department of Administration, which shall be responsible to the Director of the Department of Administration and report to the Governor." Y. Section 13-7-830 of the 1976 Code is amended to read:
"Section 13-7-830. The recommendations described in Section 13-7-620 shall be made available to the General Assembly Z. Section 13-7-860 of the 1976 Code is amended to read:
"Section 13-7-860. Staff support for the council shall be provided by the AA. Section 16-3-1620(A), (B), and (C) of the 1976 Code, as last amended by Act 271 of 2008, is further amended to read:
"(A) The Crime Victims' Ombudsman
(B) The Crime Victims' Ombudsman of the (1) refer crime victims to the appropriate element of the criminal and juvenile justice systems or victim assistance programs, or both, when services are requested by crime victims or are necessary as determined by the ombudsman; (2) act as a liaison between elements of the criminal and juvenile justice systems, victim assistance programs, and victims when the need for liaison services is recognized by the ombudsman; and (3) review and attempt to resolve complaints against elements of the criminal and juvenile justice systems or victim assistance programs, or both, made to the ombudsman by victims of criminal activity within the state's jurisdiction.
(C) There is created within the Crime Victims' Ombudsman Office of the (1) provide oversight of training, education, and certification of victim assistance programs; (2) with approval of the Victim Services Coordinating Council, promulgate training standards and requirements; (3) approve training curricula for credit hours toward certification; (4) provide victim service provider certification; and (5) maintain records of certified victim service providers." BB. Section 16-3-1680 of the 1976 Code as added by Act 271 of 2008 is amended to read:
"Section 16-3-1680. The Crime Victims' Ombudsman CC. 1. Section 25-11-10 of the 1976 Code amended to read:
"Section 25-11-10. A Division of Veterans' Affairs 2. Section 25-11-80(C)(3) of the 1976 Code is amended to read:
"(3) the 3. Section 25-11-90(E) of the 1976 Code is amended to read:
"(E) The preparation and distribution of the roster is subject to the availability of funds as appropriated by the General Assembly to the 4. Section 25-11-310(2) of the 1976 Code is amended to read:
"(2) 'Division' means the Division of Veterans Affairs in the DD. Section 44-53-530(a) and (b) of the 1976 Code, as last amended by Act 345 of 2006, is further amended to read: "(a) Forfeiture of property defined in Section 44-53-520 must be accomplished by petition of the Attorney General or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted to the court within a reasonable time period following seizure and shall set forth the facts upon which the seizure was made. The petition shall describe the property and include the names of all owners of record and lienholders of record. The petition shall identify any other persons known to the petitioner to have interests in the property. Petitions for the forfeiture of conveyances shall also include: the make, model, and year of the conveyance, the person in whose name the conveyance is registered, and the person who holds the title to the conveyance. The petition shall set forth the type and quantity of the controlled substance involved. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in effecting the seizure. Notice of hearing or rule to show cause must be directed to all persons with interests in the property listed in the petition, including law enforcement agencies which have notified the petitioner of their involvement in effecting the seizure. Owners of record and lienholders of record may be served by certified mail, to the last known address as appears in the records of the governmental agency which records the title or lien. The judge shall determine whether the property is subject to forfeiture and order the forfeiture confirmed. If the judge finds a forfeiture, he shall then determine the lienholder's interest as provided in this article. The judge shall determine whether any property must be returned to a law enforcement agency pursuant to Section 44-53-582.
If there is a dispute as to the
All property, conveyances, and equipment If a defendant or his attorney sends written notice to the petitioner or the seizing agency of his interest in the subject property, service may be made by mailing a copy of the petition to the address provided and service may not be made by publication. In addition, service by publication may not be used for a person incarcerated in a South Carolina Department of Corrections facility, a county detention facility, or other facility where inmates are housed for the county where the seizing agency is located. The seizing agency shall check the appropriate institutions after receiving an affidavit of nonservice before attempting service by publication. (b) If the property is seized by a state law enforcement agency and is not transferred by the court to the seizing agency, the judge shall order it transferred to the Division of General Services of the Department of Administration for sale. Proceeds may be used by the division for payment of all proper expenses of the proceedings for the forfeiture and sale of the property, including the expenses of seizure, maintenance, and custody, and other costs incurred by the implementation of this section. The net proceeds from any sale must be remitted to the State Treasurer as provided in subsection (g) of this section. The Division of General Services of the South Carolina Department of Administration may authorize payment of like expenses in cases where monies, negotiable instruments, or securities are seized and forfeited." EE. Section 44-96-140 of the 1976 Code is amended to read:
"Section 44-96-140. (A) Not later than twelve months after the date on which the department submits the state solid waste management plan to the Governor and to the General Assembly, the General Assembly, the
(1) establish a source separation and recycling program in cooperation with the department and the Division of General Services of the (2) provide procedures for collecting and storing recyclable materials, containers for storing materials, and contractual or other arrangements with collectors or buyers of the recyclable materials, or both; (3) evaluate the amount of waste paper material recycled and make all necessary modifications to the recycling program to ensure that all waste paper materials are recycled to the maximum extent feasible; and (4) establish and implement, in cooperation with the department and the Division of General Services of the Department of Administration, a solid waste reduction program for materials used in the course of agency operations. The program shall be designed and implemented to achieve the maximum feasible reduction of solid waste generated as a result of agency operations.
(B) Not later than September fifteen of each year, each state agency and each state-supported institution of higher learning shall submit to the department a report detailing its source separation and recycling program and a review of all goods and products purchased during the previous fiscal year by those agencies and institutions containing recycled materials using the content specifications established by the
(C) By November first of each year the department shall submit a report to the Governor and to the General Assembly reviewing all goods and products purchased by the State and determining what percentage of state purchases contain recycled materials using content specifications established by the (D) Not later than one year after this chapter is effective, the Division of General Services, Department of Administration shall amend the procurement regulations to eliminate the portions of the regulations identified in its report as discriminating against products and materials with recycled content and products and materials which are recyclable.
(E) Not later than one year after the effective date of the amendments to the procurement regulations, the General Assembly, the (1) are not available within a reasonable period of time; (2) fail to meet the performance standards set forth in the applicable specifications; or (3) are only available at a price that exceeds by more than seven and one- half percent the price of alternative items. (F) Not later than six months after this chapter is effective, and annually thereafter, the Department of Transportation shall submit a report to the Governor and to the General Assembly on the use of: (1) compost as a substitute for regular soil amendment products in all highway projects; (2) solid waste including, but not limited to, ground rubber from tires and fly ash or mixtures of them from coal-fired electrical facilities in road surfacing of subbase materials; (3) solid waste including, but not limited to, glass aggregate, plastic, and fly ash in asphalt or concrete; and (4) recycled mixed-plastic materials for guardrail posts, right-of-way fence posts, and sign supports." FF. Section 48-46-30(4) and (5) of the 1976 Code are amended to read:
"(4)
(5) 'Department' means the Office of Regulatory Staff." GG. Section 48-46-40 of the 1976 Code is amended to read:
"Section 48-46-40. (A)(1) The
(2) The
(3) The
(4) In March of each year the
(5) In consultation with the site operator, the
(6)(a) To the extent authorized by the compact commission, the
The (i) 160,000 cubic feet in fiscal year 2001; (ii) 80,000 cubic feet in fiscal year 2002; (iii) 70,000 cubic feet in fiscal year 2003; (iv) 60,000 cubic feet in fiscal year 2004; (v) 50,000 cubic feet in fiscal year 2005; (vi) 45,000 cubic feet in fiscal year 2006; (vii) 40,000 cubic feet in fiscal year 2007; (viii) 35,000 cubic feet in fiscal year 2008.
After fiscal year 2008, the
(b) The
(c) Absent action by the (d) Regional generators shall not pay disposal rates that are higher than disposal rates for nonregional generators in any fiscal quarter.
(e) In consultation with the site operator, the
(B)(1) Effective upon the implementation of initial disposal rates by the (2) In identifying the allowable costs for operating a regional disposal facility, the PSC shall: (a) prescribe a system of accounts, using generally accepted accounting principles, for disposal site operators, using as a starting point the existing system used by site operators; (b) assess penalties against disposal site operators if the PSC determines that they have failed to comply with regulations pursuant to this section; and (c) require periodic reports from site operators that provide information and data to the PSC and parties to these proceedings. The Office of Regulatory Staff shall obtain and audit the books and records of the site operators associated with disposal operations as determined applicable by the PSC. (3) Allowable costs include the costs of those activities necessary for: (a) the receipt of waste; (b) the construction of disposal trenches, vaults, and overpacks; (c) construction and maintenance of necessary physical facilities; (d) the purchase or amortization of necessary equipment; (e) purchase of supplies that are consumed in support of waste disposal activities; (f) accounting and billing for waste disposal; (g) creating and maintaining records related to disposed waste; (h) the administrative costs directly associated with disposal operations including, but not limited to, salaries, wages, and employee benefits; (i) site surveillance and maintenance required by the State of South Carolina, other than site surveillance and maintenance costs covered by the balance of funds in the decommissioning trust fund or the extended care maintenance fund; (j) compliance with the license, lease, and regulatory requirements of all jurisdictional agencies; (k) administrative costs associated with collecting the surcharges provided for in subsections (B) and (C) of Section 48-46-60; (l) taxes other than income taxes; (m) licensing and permitting fees; and (n) any other costs directly associated with disposal operations determined by the PSC to be allowable. Allowable costs do not include the costs of activities associated with lobbying and public relations, clean-up and remediation activities caused by errors or accidents in violation of laws, regulations, or violations of the facility operating license or permits, activities of the site operator not directly in support of waste disposal, and other costs determined by the PSC to be unallowable. (4) Within ninety days following the end of a fiscal year, a site operator may file an application with the PSC to adjust the level of an allowable cost under subsection (3), or to allow a cost not previously designated an allowable cost. A copy of the application must be provided to the Office of Regulatory Staff. The PSC shall process such application in accordance with its procedures. If such application is approved by the PSC, the PSC shall authorize the site operator to adjust allowable costs for the current fiscal year so as to compensate the site operator for revenues lost during the previous fiscal year. (5) A private operator of a regional disposal facility in South Carolina is authorized to charge an operating margin of twenty-nine percent. The operating margin for a given period must be determined by multiplying twenty-nine percent by the total amount of allowable costs as determined in this subsection, excluding allowable costs for taxes and licensing and permitting fees paid to governmental entities. (6) The site operator shall prepare and file with the PSC a Least Cost Operating Plan. The plan must be filed within forty-five days of enactment of this chapter and must be revised annually. The plan shall include information concerning anticipated operations over the next ten years and shall evaluate all options for future staffing and operation of the site to ensure least cost operation, including information related to the possible interim suspension of operations in accordance with subsection (B)(7). A copy of the plan must be provided to the Office of Regulatory Staff.
(7)(a) If the
(b) Allowable costs applicable to any period of suspended operations must be approved by the PSC according to procedures similar to those provided herein for allowable operating costs. During any such suspension of operations, the site operator must be reimbursed by the
(c) Notwithstanding any disbursements from the extended care maintenance fund in accordance with any provision of this act, the (d) The PSC may promulgate regulations and policies necessary to execute the provisions of this section. (8) The PSC may use any standard, formula, method, or theory of valuation reasonably calculated to arrive at the objective of identifying allowable costs associated with waste disposal. The PSC may consider standards, precedents, findings, and decisions in other jurisdictions that regulate allowable costs for radioactive waste disposal.
(9) In all proceedings held pursuant to this section, the (10) In all respects in which the PSC has power and authority under this chapter, it shall conduct its proceedings under the South Carolina Administrative Procedures Act and the PSC's rules and regulations. The PSC is authorized to compel attendance and testimony of a site operator's directors, officers, agents, or employees.
(11) At any time the compact commission, the (12) The PSC shall encourage alternate forms of dispute resolution including, but not limited to, mediation or arbitration to resolve disputes between a site operator and any other person regarding matters covered by this chapter.
(C) The operator of a regional disposal facility shall submit to the South Carolina Department of Revenue, the PSC, the Office of Regulatory Staff, and the
(D)(1) Within
(2) If in any fiscal year total revenues do not cover allowable costs plus the operating margin, the (E) Revenues received pursuant to item (1) of subsection (D) must be allocated as follows: (1) The South Carolina State Treasurer shall distribute the first two million dollars received for waste disposed during a fiscal year to the County Treasurer of Barnwell County for distribution to each of the parties to and beneficiaries of the order of the United States District Court in C.A. No. 1:90-2912-6 on the same schedule of allocation as is established within that order for the distribution of 'payments in lieu of taxes' paid by the United States Department of Energy.
(2) All revenues in excess of two million dollars received from waste disposed during the previous fiscal year must be deposited in a fund called the 'Nuclear Waste Disposal Receipts Distribution Fund'. Any South Carolina waste generator whose disposal fees contributed to the fund during the previous fiscal year may submit a request for a rebate of 33.33 percent of the funds paid by the generator during the previous fiscal year for disposal of waste at a regional disposal facility. These requests along with invoices or other supporting material must be submitted in writing to the State Treasurer within fifteen days of the end of the fiscal year. For this purpose disposal fees paid by the generator must exclude any fees paid pursuant to Section 48-46-60(C) for compact administration and fees paid pursuant to Section 48-46-60(B) for reimbursement of the PSC, the Office of Regulatory Staff, the State Treasurer, and the (3) All funds deposited in the Nuclear Waste Disposal Receipts Distribution Fund for waste disposed for each fiscal year, less the amount needed to provide generators rebates pursuant to item (2), shall be deposited by the State Treasurer in the 'Children's Education Endowment Fund'. Thirty percent of these monies must be allocated to Higher Education Scholarship Grants and used as provided in Section 59-143-30, and seventy percent of these monies must be allocated to Public School Facility Assistance and used as provided in Chapter 144 of Title 59. (F) Effective beginning fiscal year 2001-2002, there is appropriated annually from the general fund of the State to the Higher Education Scholarship Grants share of the Children's Education Endowment whatever amount is necessary to credit to the Higher Education Scholarship Grants share an amount not less than the amount credited to that portion of the endowment in fiscal year 1999-2000. Revenues credited to the endowment pursuant to this subsection, for purposes of Section 59-143-10, are deemed to be received by the endowment pursuant to the former provisions of Section 48-48-140(C)." HH. Section 48-46-50 of the 1976 Code is amended to read:
"Section 48-46-50. (A) The Governor shall appoint two commissioners to the Atlantic Compact Commission and may appoint up to two alternate commissioners. These alternate commissioners may participate in meetings of the compact commission in lieu of and upon the request of a South Carolina commissioner. Technical representatives from the Department of Health and Environmental Control, the (B) South Carolina commissioners or alternate commissioners to the compact commission may not vote affirmatively on any motion to admit new member states to the compact unless that state volunteers to host a regional disposal facility. (C) Compact commissioners or alternate commissioners to the Atlantic Compact Commission may not vote to approve a regional management plan or any other plan or policy that allows for acceptance at the Barnwell regional disposal facility of more than a total of 800,000 cubic feet of waste from Connecticut and New Jersey. (D) South Carolina's commissioners or alternate commissioners to the compact commission shall cast any applicable votes on the compact commission in a manner that authorizes the importation of waste into the region for purposes of disposal at a regional disposal facility in South Carolina so long as importation would not result in the facility accepting more than the following total volumes of all waste: (1) 160,000 cubic feet in fiscal year 2001; (2) 80,000 cubic feet in fiscal year 2002; (3) 70,000 cubic feet in fiscal year 2003; (4) 60,000 cubic feet in fiscal year 2004; (5) 50,000 cubic feet in fiscal year 2005; (6) 45,000 cubic feet in fiscal year 2006; (7) 40,000 cubic feet in fiscal year 2007; (8) 35,000 cubic feet in fiscal year 2008. South Carolina's commissioners or alternate commissioners shall not vote to approve the importation of waste into the region for purposes of disposal in any fiscal year after 2008." II. Section 48-46-60 of the 1976 Code is amended to read:
"Section 48-46-60. (A) The Governor and the (1) adopted a binding regulation or policy in accordance with Article VII(e) of the compact establishing conditions for admission of a party state that are consistent with this act and ordered that South Carolina be declared eligible to be a party state consistent with those conditions; (2) adopted a binding regulation or policy in accordance with Article IV(i)(11) of the Atlantic Compact authorizing a host state to enter into agreements on behalf of the compact and consistent with criteria established by the compact commission and consistent with the provisions of Section 48-46-40(A)(6)(a) and Section 48-46-50(D) with any person for the importation of waste into the region for purposes of disposal, to the extent that these agreements do not preclude the disposal facility from accepting all regional waste that can reasonably be projected to require disposal at the regional disposal facility consistent with subitem (5)(b) of this section; (3) adopted a binding regulation or policy in accordance with Article IV(i)(12) of the Atlantic Compact authorizing each regional generator, at the generator's discretion, to ship waste to disposal facilities located outside the Atlantic Compact region; (4) authorized South Carolina to proceed with plans to establish disposal rates for low-level radioactive waste disposal in a manner consistent with the procedures described in this chapter; (5) adopted a binding regulation, policy, or order officially designating South Carolina as a volunteer host state for the region's disposal facility, contingent upon South Carolina's membership in the compact, in accordance with Article V.b.1. of the Atlantic Compact, thereby authorizing the following compensation and incentives to South Carolina:
(a) agreement, as evidenced in a policy, regulation, or order that the compact commission will issue a payment of twelve million dollars to the State of South Carolina. Before issuing the twelve million-dollar payment, the compact commission will deduct and retain from this amount seventy thousand dollars, which will be credited as full payment of South Carolina's membership dues in the Atlantic Compact. The remainder of the twelve million-dollar payment must be credited to an account in the State Treasurer's office, separate and distinct from the fund, styled 'Barnwell Economic Development Fund'. This fund, and earnings on this fund which must be credited to the fund, may only be expended for purposes of economic development in the Barnwell County area including, but not limited to, projects of the Barnwell County Economic Development Corporation and projects of the Tri-County alliance which includes Barnwell, Bamberg, and Allendale Counties and projects in the Williston area of Aiken County. Economic development includes, but is not limited to, industrial recruitment, infrastructure construction, improvement, and expansion, and public facilities construction, improvement, and expansion. These funds must be spent according to guidelines established by the Barnwell County governing body and upon approval of the (b) adopted a binding regulation, policy, or order consistent with the regional management plan developed pursuant to Article V(a) of the Atlantic Compact, limiting Connecticut and New Jersey to the use of not more than 800,000 cubic feet of disposal capacity at the regional disposal facility located in Barnwell County, South Carolina, and also ensuring that up to 800,000 cubic feet of disposal capacity remains available for use by Connecticut and New Jersey unless this estimate of need is later revised downward by unanimous consent of the compact commission; (c) agreement, as evidenced in a policy or regulation, that the compact commission headquarters and office will be relocated to South Carolina within six months of South Carolina's membership; and (d) agreement, as evidenced in a policy or regulation, that the compact commission will, to the extent practicable, hold a majority of its meetings in the host state for the regional disposal facility.
(B) The
(C) In accordance with Article V.f.3. of the Atlantic Compact, the compact commission shall advise the JJ. Section 48-46-90(A) of the 1976 Code is amended to read:
"(A) In accordance with Section 13-7-30, the KK. Section 63-11-500(A) of the 1976 Code is amended to read:
"(A) There is created the Cass Elias McCarter Guardian ad Litem Program in South Carolina. The program shall serve as a statewide system to provide training and supervision to volunteers who serve as court-appointed special advocates for children in abuse and neglect proceedings within the family court, pursuant to Section 63-7-1620. This program must be administered by the LL. 1. Section 63-11-700 of the 1976 Code are amended to read:
"Section 63-11-700. (A) There is created, (B) Terms of office for the members of the board are for four years and until their successors are appointed and qualify. Appointments must be made by the Governor for terms of four years to expire on June thirtieth of the appropriate year.
(C) The board shall elect from its members a chairman who shall serve for two years. (D) The board shall meet at least quarterly and more frequently upon the call of the division director to review and coordinate the activities of the local review boards and make recommendations to the Governor and the General Assembly with regard to foster care policies, procedures, and deficiencies of public and private agencies which arrange for foster care of children as determined by the review of cases provided for in Section 63-11-720(A)(1) and (2). These recommendations must be submitted to the Governor and included in an annual report, filed with the General Assembly, of the activities of the state office and local review boards. (E) The board, upon recommendation of the division director, shall promulgate regulations to carry out the provisions of this article. These regulations shall provide for and must be limited to procedures for: reviewing reports and other necessary information at state, county, and private agencies and facilities; scheduling of reviews and notification of interested parties; conducting local review board and board of directors' meetings; disseminating local review board recommendations, including reporting to the appropriate family court judges the status of judicially approved treatment plans; participating and intervening in family court proceedings; and developing policies for summary review of children privately placed in privately-owned facilities or group homes. (F) The Governor may employ a division director to serve at the Governor's pleasure who may be paid an annual salary to be determined by the Governor. The director may be removed pursuant to Section 1-3-240. The division director shall employ staff as is necessary to carry out this article, and the staff must be compensated in an amount and in a manner as may be determined by the Governor. (G) This article may not be construed to provide for subpoena authority." 2. Section 63-11-730(A) of the 1976 Code is amended to read:
"(A) No person may be employed by the Division for Review of the Foster Care of Children, (1) is the subject of an indicated report or affirmative determination of abuse or neglect as maintained by the Department of Social Services in the Central Registry of Child Abuse and Neglect pursuant to Subarticle 13, Article 3, Chapter 7; (2) has been convicted of or pled guilty or nolo contendere to: (a) an 'offense against the person' as provided for in Title 16, Chapter 3; (b) an 'offense against morality or decency' as provided for in Title 16, Chapter 15; or (c) contributing to the delinquency of a minor, as provided for in Section 16-17-490." MM. 1. Section 63-11-1110 of the 1976 Code is amended to read:
"Section 63-11-1110. There is created the Children's Case Resolution System 2. Section 63-11-1140(5), (8), and (9) of the 1976 Code are amended to read: "(5) when unanimous consent is not obtained as required in item (4), a panel must be convened composed of the following persons: (a) one public agency board member and one agency head appointed by the Governor. Recommendations for appointments may be submitted by the Human Services Coordinating Council. No member may be appointed who represents any agency involved in the resolution of the case; (b) one legislator appointed by the Governor; and (c) two members appointed by the Governor, drawn from a list of qualified individuals not employed by a child-serving public agency, established in advance by the System, who have knowledge of public services for children in South Carolina.
The chairman must be appointed by the Governor from members appointed as provided in subitem (c) of this item. A decision is made by a majority of the panel members present and voting, but in no case may a decision be rendered by less than three members. The panel shall review a case at the earliest possible date after sufficient staff review and evaluation pursuant to items (3) and (4) and shall make a decision by the next scheduled panel meeting. When private services are necessary, financial responsibility must be apportioned among the appropriate public agencies based on the reasons for the private services. Agencies designated by the panel shall carry out the decisions of the panel, but the decisions may not substantially affect the funds appropriated for the designated agency to such a degree that the intent of the General Assembly is changed. Substantial impact of the decisions must be defined by regulations promulgated by the Each member of the panel is entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions. The respective agency is responsible for the compensation of the members appointed in subitems (a) and (b) of this item, and the System is responsible for the compensation of the members appointed in subitem (c) of this item; (8) submit an annual report on the activities of the System to the Governor, Director of the Department of Administration, the General Assembly, and agencies designated by the System as relevant to the cases; and
(9) compile and transmit additional reports on the activities of the System NN. 1. Section 44-38-380(A)(1)(h) of the 1976 Code is amended to read:
"(h) Director of the Continuum of Care for Emotionally Disturbed Children 2. Section 63-11-1310 of the 1976 Code, as added by Act 361 of 2008, is amended to read:
"Section 63-11-1310. It is the purpose of this article to develop and enhance the delivery of services to severely emotionally disturbed children and youth and to ensure that the special needs of this population are met appropriately to the extent possible within this State. To achieve this objective, the Continuum of Care for Emotionally Disturbed Children Division is established as a division in the 3. Section 63-11-1340 of the 1976 Code, as added by Act 361 of 2008, is amended to read:
"Section 63-11-1340. The Governor may 4. Section 63-11-1360 of the 1976 Code as added by Act 361 of 2008, is amended to read:
5. Section 63-11-1510 of the 1976 Code is amended to read:
"Section 63-11-1510. There is established the Interagency System for Caring for Emotionally Disturbed Children, an integrated system of care to be developed by the Continuum of Care for Emotionally Disturbed Children
SECTION 8. Article 1, Chapter 11, Title 1 of the 1976 Code is amended by adding: "Section 1-11-15. (A) Effective July 1, 2013, the Division of Local Government of the State Budget and Control Board is transferred to, and incorporated into, the South Carolina Rural Infrastructure Authority as established in Section 11-50-30. All functions, powers, duties, responsibilities, and authority vested in the Division of Local Government is devolved upon the South Carolina Rural Infrastructure Authority. (B) Effective July 1, 2013, the South Carolina Confederate Relic Room and Military Museum is transferred from the State Budget and Control Board to the Department of Administration as one of its divisions. (C) Effective July 1, 2013, the Board of Economic Advisors of the State Budget and Control Board is transferred to the Revenue and Fiscal Affairs Office. (D) Effective July 1, 2013, the Office of Research and Statistics of the Budget and Control Board is transferred to, and incorporated into the Revenue and Fiscal Affairs Office; (E) Effective July 1, 2013, the State Energy Office is transferred from the State Budget and Control Board to the Office of Regulatory Staff. (F) Effective July 1, 2013, portions of the Office of State Budget of the State Budget and Control Board which are directly related to the development of the annual general appropriations act are transferred to the Revenue and Fiscal Affairs Office except for the employees required to support the Executive Budget Office."
SECTION 9. Chapter 9, Title 11 of the 1976 Code is amended by adding:
Section 11-9-1110. (A) Effective July 1, 2013, there is established the Revenue and Fiscal Affairs Office to be governed by the three appointed members of the Board of Economic Advisors pursuant to Section 11-9-820. The office is comprised of the Board of Economic Advisors, Office of Research and Statistics, and the Office of State Budget. The functions of the office must be performed, exercised, and discharged under the supervision and direction of the board. The board may organize its staff as it considers appropriate to carry out the various duties, responsibilities, and authorities assigned to it and to its various divisions. The board may delegate to one or more officers, agents, or employees the powers and duties it determines are necessary for the effective, efficient, operation of the office. (B) The Department of Administration shall provide such administrative support to the Revenue and Fiscal Affairs Office or any of its divisions or components as they may request and require in the performance of their duties including, but not limited to, financial management, human resources management, information technology, procurement services, and logistical support.
Section 11-9-1120. The Board of Economic Advisors division of the office shall maintain the organizational and procedural framework under which it is operating, and exercise its powers, duties, and responsibilities, as of the effective date of Act ___ of 2012, R. ___, H. Section 11-9-1130. (A) The Office of Research and Statistics must be comprised of an Economic Research division and an Office of Precinct Demographics division.
(B) The Economic Research division shall maintain the organizational and procedural framework under which it is operating, and exercise its powers, duties, and responsibilities, as of the effective date of Act ___ of 2012, R. ___, H. (C) The Office of Precinct Demographics shall: (1) review existing precinct boundaries and maps for accuracy and develop and rewrite descriptions of precincts for submission to the legislative process; (2) consult with members of the General Assembly or their designees on matters related to precinct construction or discrepancies that may exist or occur in precinct boundary development in the counties they represent; (3) develop a system for originating and maintaining precinct maps and related data for the State; (4) represent the General Assembly at public meetings, meetings with members of the General Assembly, and meetings with other state, county, or local governmental entities on matters related to precincts; (5) assist the appropriate county officials in the drawing of maps and writing of descriptions or precincts preliminary to these maps and descriptions being filed in this office for submission to the United States Department of Justice; (6) coordinate with the Census Bureau in the use of precinct boundaries in constructing census boundaries and the identification of effective uses of precinct and census information for planning purposes; and (7) serve as a focal point for verifying official precinct information for the counties of South Carolina.
Section 11-9-1140. The Office of State Budget division of the office shall maintain the organizational and procedural framework under which it is operating, and exercise its powers, duties, and responsibilities, as of the effective date of Act ___ of 2012, R. ___, H.
SECTION 10. Section 11-9-820(A), (B), and (C) of the 1976 Code are amended to read: "(A)(1)There is created the Board of Economic Advisors, a division of the Revenue and Fiscal Affairs Office, as follows:
(2) The board shall unanimously select an Executive Director of the Revenue and Fiscal Affairs Office who shall serve a four-year term. The executive director may only be removed for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity as found by the board. The executive director shall have the authority and perform the duties prescribed by law and as may be directed by the board.
(B) The Chairman of the Board of Economic Advisors shall report directly to the
(C) The Executive Director of the SECTION 11. Sections 11-9-825 and 11-9-830 of the 1976 Code are amended to read:
"Section 11-9-825. The staff of the Board of Economic Advisors must be supplemented by the following officials who each shall designate one professional from their individual staffs to assist the BEA staff on a regular basis: the Governor, the Chairman of the House Ways and Means Committee, the Chairman of the Senate Finance Committee, and the State Department of Revenue Chairman
Section 11-9-830. In order to provide a more effective system of providing advice to the (1) compile and maintain in a unified, concise, and orderly form information about total revenues and expenditures which involve the funding of state government operations, revenues received by the State which comprise general revenue sources of all receipts to include amounts borrowed, federal grants, earnings, and the various activities accounted for in other funds; (2) continuously review and evaluate total revenues and expenditures to determine the extent to which they meet fiscal plan forecasts/projections; (3) evaluate federal revenues in terms of impact on state programs; (4) compile economic, social, and demographic data for use in the publishing of economic scenarios for incorporation into the development of the state budget; (5) bring to the attention of the Governor and the General Assembly the effectiveness, or lack thereof, of the economic trends and the impact on statewide policies and priorities; (6) establish liaison with the Congressional Budget Office and the Office of Management and Budget at the national level." SECTION 12. Section 11-9-880(C) of the 1976 Code is amended to read:
"(C) All forecasts, adjusted forecasts, and reports of the Board of Economic Advisors, including the synopsis of the current year's review as required by subsection (B), must be published and reported to the Governor, SECTION 13. Section 11-9-890B. of the 1976 Code is amended to read:
"B. (1) If at the end of the first, second, or third quarter of any fiscal year (2) If at the end of the first, second, or third quarter of any fiscal year the Board of Economic Advisors reduces the revenue forecast for the fiscal year by more than three percent below the amount projected for the fiscal year in the forecast in effect at the time the general appropriations bill for the fiscal year is ratified, the President Pro Tempore of the Senate and the Speaker of the House of Representatives may call each respective house into session to take action to avoid a year-end deficit. If the General Assembly has not taken action within twenty days of the determination of the Board of Economic Advisors, the Director of the Executive Budget Office must reduce general fund appropriations by the requisite amount in the manner prescribed by law and in accordance with item (1) of this subsection." SECTION 14. A. Title 2 of the 1976 Code is amended by adding:
Section 2-79-10. This chapter may be cited as the 'State Agency Deficit Prevention and Recognition Act'. Section 2-79-20. It is the responsibility of each state agency, department, and institution to operate within the limits of appropriations set forth in the annual general appropriations act, appropriation acts, or joint resolution supplemental thereto, and any other approved expenditures of monies. A state agency, department, or institution shall not operate in a manner that results in a year-end deficit except as provided in this chapter. Section 2-79-30. 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 a state agency, department, or institution that the likelihood of a deficit for the current fiscal year exists, the state agency shall notify the General Assembly within fifteen days of this determination and shall further request the Executive Budget Office to work with it to develop a plan to avoid the deficit. Within fifteen days of the deficit avoidance plan being completed, the Executive Budget Office shall either request the General Assembly to recognize the deficit in the manner provided in this chapter if it determines the deficit avoidance plan will not be sufficient to avoid a deficit or notify the General Assembly of how the deficit will be avoided based on the deficit avoidance plan if the Executive Budget Office determines the plan will be sufficient to avoid a deficit. Section 2-79-40. (A) Upon notification from the Executive Budget Office as provided in Section 2-79-30 that an agency will run a deficit and requesting that it be recognized, the General Assembly, by joint resolution, may make a finding that the cause of, or likelihood of, a deficit is unavoidable due to factors which are outside the control of the state agency, department, or institution, and recognize the deficit. Any legislation to recognize a deficit must be in a separate joint resolution enacted for the sole purpose of recognizing the deficit of a particular state agency, department, or institution. A deficit only may be recognized by an affirmative vote of each branch of the General Assembly. (B) If the General Assembly recognizes the deficit, then the actual deficit at the close of the fiscal year must be reduced as necessary from surplus revenues or surplus funds available at the close of the fiscal year in which the deficit occurs and from funds available in the General Reserve Fund and the Capital Reserve Fund, as required by the Constitution of this State. Section 2-79-50. Once a deficit has been recognized by the General Assembly, the state agency, department, or institution shall limit travel and conference attendance to that which is deemed essential by the director of the agency, department, or institution. In addition, the General Assembly, when recognizing a deficit may direct that any pay increases and purchases of equipment and vehicles must be approved by the Executive Budget Office." B. Section 1-11-495 of the 1976 Code, as last amended by Act 152 of 2010, is repealed.
SECTION 15. Section 2-7-72 of the 1976 Code is amended to read:
"Section 2-7-72. Whenever a bill or resolution is introduced in the General Assembly requiring the expenditure of funds, the principal author shall affix a statement of estimated fiscal impact and cost of the proposed legislation. Before reporting the bill out of committee, if the amount is substantially different from the original estimate, the committee shall attach a statement of estimated fiscal impact to the bill signed by the Executive Director of the SECTION 16. Section 2-7-73 of the 1976 Code is amended to read:
"Section 2-7-73. (A) Any bill or resolution which would mandate a health coverage or offering of a health coverage by an insurance carrier, health care service contractor, or health maintenance organization as a component of individual or group policies, must have attached to it a statement of the financial impact of the coverage, according to the guidelines enumerated in subsection (B). This financial impact analysis must be conducted by the (B) Guidelines for assessing the financial impact of proposed mandated or mandatorily offered health coverage to the extent that information is available, must include, but are not limited to, the following: (1) to what extent does the coverage increase or decrease the cost of treatment or services; (2) to what extent does the coverage increase or decrease the use of treatment or service; (3) to what extent does the mandated treatment or service substitute for more expensive treatment or service; (4) to what extent does the coverage increase or decrease the administrative expenses of insurance companies and the premium and administrative expenses of policyholders; and (5) what is the impact of this coverage on the total cost of health care." SECTION 17. Section 2-7-74 of the 1976 Code is amended to read: "Section 2-7-74. (A) As used in this section, 'statement of estimated fiscal impact' means the opinion of the person executing the statement as to the dollar cost to the State for the first year and the annual cost thereafter.
(B) The principal author of legislation that would establish a new criminal offense or that would amend the sentencing provisions of an existing criminal offense may affix a statement of estimated fiscal impact of the proposed legislation. Upon request from the principal author of the legislation, the
(C) If a fiscal impact statement is not affixed to legislation at the time of introduction, the committee to which the legislation is referred shall request a fiscal impact statement from the (D) The committee shall not take action on the legislation until the committee has received the fiscal impact statement.
(E) If the legislation is reported out of the committee, the committee shall attach the fiscal impact statement to the legislation. If the legislation has been amended, the committee shall request a revised fiscal impact statement from the
(F) State agencies and political subdivisions shall cooperate with the
(G) In preparing fiscal impact statements, the
(H) The SECTION 18. Section 2-7-76 of the 1976 Code is amended to read:
"Section 2-7-76. (A) The chairman of the legislative committee to which a bill or resolution was referred shall direct the (1) requires a county or municipality to expend funds allocated to the county or municipality pursuant to Chapter 27 of Title 6; (2) is introduced in the General Assembly to require the expenditure of funds by a county or municipality; (3) requires the use of county or municipal personnel, facilities, or equipment to implement a general law or regulations promulgated pursuant to a general law; or (4) relates to taxes imposed by political subdivisions.
(B) A revised estimated fiscal (C) For purposes of this section, 'political subdivision' means a county, municipality, school district, special purpose district, public service district, or consolidated political subdivision."
SECTION 19. Section 48-52-410 of the 1976 Code is amended to read:
"Section 48-52-410. There is established the State Energy Office within the SECTION 20. Section 48-52-440 of the 1976 Code is amended to read:
"Section 48-52-440.
(A) All funds allocated or directed to this State by the federal government relating to energy planning, energy conservation, and energy efficiency must be allocated or directed to the State Energy Office in the Office of Regulatory Staff to be distributed in accordance with the provisions of this section; provided, however, that no funding from the following federal programs is subject to the provisions of this section: (1) the Low Income Home Energy Assistance Program (LIHEAP), created by Title XXVI of the Omnibus Budget Reconciliation Act of 1981 and codified as Chapter 94, Title 42 of the United States Code, as amended by the Human Services Reauthorization Act of 1984, the Human Services Reauthorization Act of 1986, the Augustus F. Hawkins Human Services Reauthorization Act of 1990, the National Institutes of Health Revitalization Act of 1993, the Low-Income Home Energy Amendments of 1994, the Coats Human Services Reauthorization Act of 1998, and the Energy Policy Act of 2005, which is administered and funded by the United States Department of Health and Human Services on the federal level and administered locally by community action agencies; or (2) the Weatherization Assistance Program, created by Title IV of the Energy Conservation and Production Act of 1976 and codified as Part A, Subchapter III, Chapter 81, Title 42 of the United States Code, amended by the National Energy Conservation Policy Act, the Energy Security Act, the Human Services Reauthorization Act of 1984, and the State Energy Efficiency Programs Improvement Act of 1990 and administered and funded by the United States Department of Energy on the federal level and administered locally by community action agencies. Nothing in this section changes the exclusive administration of the Low Income Energy Assistance Program and Weatherization Assistance Program by local community action agencies through the Department of Administration's Office of Economic Opportunity pursuant to its authority under the provisions of Chapter 45, Title 43, the Community Economic Opportunity Act of 1983. (B) All funds described in subsection (A) that are not exempted by items (1) and (2) of subsection (A) must be distributed by the State Energy Office in the Office of Regulatory Staff in accordance with all requirements of federal law associated with these funds. Persons seeking to obtain funding for energy related programs must submit to the State Energy Office a plan for the use of the funds in a manner consistent with the provisions of this section. (C) Upon receipt of the plans required by subsection (B), the State Energy Office of the Office of Regulatory Staff must prepare an analysis of the plans and their consistency with the provisions of this section and submit that analysis to the Department Advisory Council for its review and recommendations. (D) There is hereby created in the Office of Regulatory Staff the Energy Advisory Council, which will advise the State Energy Office on all matters for which the State Energy Office is responsible and specifically with respect to its review of the annual plans required to be submitted pursuant to this section. The Advisory Council shall be composed of nine members as follows: (1) three appointed by the Governor, one of whom must have a substantial background in environmental or consumer protection matters; (2) three appointed by the President Pro Tempore of the Senate, one of whom must have a substantial background in environmental or consumer protection matters; and (3) three appointed by the Speaker of the House of Representatives, one of whom must have a substantial background in environmental or consumer protection matters. All appointees must have backgrounds in environmental issues; the electricity, transportation, or natural gas industries; or economic development related to these sectors. (E) In evaluating the plans required by this section, the Advisory Council shall consider the extent to which the plans allocate funds in a cost effective manner and promote the following alternative sources of domestic energy or avoidance of consumption of energy: (1) the development of energy efficiency and conservation; (2) renewable sources of energy, including wind power, solar power, energy from biomass sources, and energy storage; (3) nuclear energy; and (4) alternative fuels or power sources for the transportation sector. In considering the cost-effectiveness of the plans the Advisory Council must consider the cost of the proposed measures as to the expected useful life of the measures being proposed and the impact of the proposed measures on consumers. For each proposed plan, the Advisory Council must consider the value of the avoided cost of complying with anticipated state and federal environmental regulations. (F) Upon completion of its review of plans submitted in compliance with this section, the Advisory Council must prepare a report describing the results of its review and submit copies of that report to the State Energy Office of the Office of Regulatory Staff and the Public Utility Review Committee of Article 5 of Chapter 3 of Title 58. (G) The Executive Director of the Office of Regulatory Staff shall make the final determinations of distributions of funds as required by this section, taking into account the recommendations of the Advisory Council. Grant awards shall be made in a manner consistent with this section." SECTION 21. Section 48-52-460 of the 1976 Code is amended to read:
"Section 48-52-460. The establishment of the State Energy Office within the SECTION 22. Section 48-52-635 of the 1976 Code is amended to read:
"Section 48-52-635. Pursuant to Section 48-52-630, an agency's savings realized in the prior fiscal year from implementing an energy conservation measure as compared to a baseline energy use as certified by the State Energy Office, may be retained and carried forward into the current fiscal year. This savings, as certified by the State Energy Office, must first be used for debt retirement of capital expenditures, if any, on the energy conservation measure, after which time savings may be used for agency operational purposes and where practical, reinvested into energy conservation areas. The agency must report all actual savings in the energy portion of its annual report to the SECTION 23. Section 48-52-680 of the 1976 Code is amended to read: "Section 48-52-680. (A) The State Energy Office shall assist the Materials Management Office as established in Section 11-35-810 and all governmental bodies defined in and subject to the Consolidated Procurement Code, by identifying goods which are 'energy efficient' or for which the State can achieve long-term savings through consideration of life cycle costs. The State Energy Office must compile a list of these goods. Before issuing any solicitation for these goods, the procuring agency shall notify the State Energy Office which shall assist in drafting or reviewing specifications for the goods being procured and which shall approve the specifications before issuing the solicitation. Upon request of a governmental body the State Energy Office shall provide assistance in evaluating bids or offers received in response to the solicitation to ensure that procurements are made in accordance with the purposes and policies of this article. (B) The State Energy Office shall assist the Office of the State Engineer and all governmental bodies defined in and subject to the Consolidated Procurement Code by drafting energy conservation standards to be applied in the design and construction of buildings that are owned or lease/purchased by these governmental bodies. Before any construction contracts are bid under Section 11-35-3020, the State Engineer's Office or the governmental body soliciting the bids shall review the plans and specifications to ensure that they are in compliance with the standards drafted by the State Energy Office. The State Energy Office shall provide assistance in reviewing these plans and specifications upon the request of the State Engineer's Office or the affected governmental body.
(C) The State Energy Office shall provide the Office of Property Management
SECTION 24. A. Section 1-11-25 of the 1976 Code is amended to read:
"Section 1-11-25. There is hereby established a Local Government Division within the State
The division shall establish guidelines and procedures which
B. Section 1-11-26 of the 1976 Code is amended to read:
"Section 1-11-26. (A) Grant funds received by a
(B) It is not a defense to an indictment alleging a violation of this section that grant funds received
(C) The Division of Local Government of the State C. Chapter 50, Title 11 of the 1976 Code is amended by adding: "Section 11-50-65. The Department of Administration shall provide such administrative support to the State Rural Infrastructure Authority or any of its divisions or components as they may request and require in the performance of their duties including, but not limited to, financial management, human resources management, information technology, procurement services, and logistical support."
SECTION 25. Section 1-11-1110 of the 1976 Code is amended to read:
"Section 1-11-1110. The Director of the South Carolina Confederate Relic Room and Military Museum must be appointed by the SECTION 26. Section 1-11-1140 of the 1976 Code is amended to read:
"Section 1-11-1140. It is the intent of the General Assembly that, as soon as space becomes available, the Confederate Relic Room shall relocate to the Columbia Mills building where it will be retained as a separate and distinct facility, to be known as the South Carolina Confederate Relic Room and Military Museum, under the
SECTION 27. Title 11 of the 1976 Code is amended by adding:
Section 11-55-10. (A) There is established the State Contracts and Accountability Authority (SCAA) consisting of seven members as follows: (1) the Governor, who shall serve as ex officio as chairman; (2) the Attorney General, who shall serve ex officio; (3) the State Treasurer, who shall serve ex officio; (4) the Comptroller General, who shall serve ex officio; (5) the Lieutenant Governor, who shall serve ex officio; (6) one member of the House of Representatives, ex officio, appointed by the Speaker of the House of Representatives; and (7) one member of the Senate, ex officio, appointed by the President Pro Tempore of the Senate; Members shall serve at the pleasure of their appointing authority. Vacancies must be filled in the manner of the original appointment. Members shall serve without compensation, but shall receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions. (B)(1) The SCAA shall select an executive director who in turn shall employ other staff under the direction of the SCAA as necessary for the operations of the SCAA. (2) The executive director shall serve a four-year term. The executive director may only be removed for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity as found by the SCAA. The executive director shall have that responsibility and perform the duties prescribed by law and as may be directed by the SCAA. (3) The General Assembly, in the annual general appropriations act, shall appropriate those funds necessary for the operations of the SCAA except that, to the extent that operational expenses of the SCAA are attributable to carrying out its functions provided pursuant to Title 9, as determined by SCAA, those expenses must be paid from funds of the South Carolina Retirement System. (C) The SCAA may organize its staff as it considers most appropriate to carry out the various functions, powers, duties, responsibilities, and authority assigned to it. (D) The Department of Administration shall provide such administrative support to the State Contracts and Accountability Authority or any of its divisions or components as they may request and require in the performance of their duties including, but not limited to, financial management, human resources management, information technology, procurement services, and logistical support. Section 11-55-20. (A) The functions and duties of the State Budget and Control Board pursuant to Section 1-11-710(A)(2), (3), and (4), (B) and (C) as those subsections existed as of June 30, 2013, with respect to the operations of the various state insurance plans and variants of such plans are devolved effective July 1, 2013, upon SCAA. (B)(1) Effective July 1, 2013, all functions, powers, duties, responsibilities, and authority related to the issuance of bonds and bonding authority, generally found in Title 11, but also contained in other provisions of state law, are devolved upon SCAA. This devolution does not extend to those functions, powers, duties, responsibilities, and authority vested in the Joint Bond Review Committee. (2) Bonded indebtedness issued by the South Carolina Jobs - Economic Development Authority (JEDA) requires approval by the SCAA as provided in Chapter 43, Title 41. Bonded indebtedness issued pursuant to this item does not constitute nor give rise to a pecuniary liability to the State or a charge against the credit or taxing powers of the State. (3) The SCAA shall establish criteria, upon consultation with the Joint Bond Review Committee, to apply to the bond review and approval process as required in Chapter 47, Title 2. (C)(1) Effective July 1, 2013, all of the functions, powers, and duties of the State Budget and Control Board, pursuant to Title 9 as that title existed June 30, 2013, are devolved upon the SCAA in the following particulars: (a) as trustee of the retirement systems established pursuant to Title 9; (b) as the entity charged by law with maintaining the financial soundness of the retirement systems established by that title with respect to all actuarial assumptions, and adjusting contributions to the system so as to ensure that the amortization periods for meeting the unfunded liabilities of the retirement systems established by that title do not exceed thirty years. The annual rate of return for the investments of the various retirement systems must be established by the General Assembly by general law. (2) The SCAA shall receive and provide to members of the General Assembly the annual valuation reports for the state retirement systems established pursuant to Title 9 no later than January tenth of each year. If those reports are that the unfunded liabilities of a particular system as currently constituted cannot be amortized within thirty years, and if the General Assembly fails to enact system changes to achieve that amortization schedule by the following March first, then SCAA shall increase employer and employee contributions, as applicable, to the affected system, in an amount sufficient to maintain a thirty year amortization schedule for that system. After June 30, 2013, and notwithstanding provisions of Chapters 1 and 11, Title 9, relating to the setting of employer and employee contributions required for the South Carolina Retirement System (SCRS) and the South Carolina Police Officers Retirement System (SCPORS), by statute or administratively, the State Contracts and Accountability Authority, in maintaining the required amortization schedule as required pursuant to this item, shall increase SCRS and SCPORS employer and employee contributions in equal percentages of earnable compensation in an amount sufficient to maintain the thirty year amortization schedule. The SCRS and SCPORS employer and employee contribution rates in effect on June 30, 2013, continue to apply and constitute the base on which adjustments made pursuant to this item apply. The SCAA may not decrease contribution rates. Changes in contribution rates for SCRS and SCPORS other than as provided pursuant to this item may be made only by the General Assembly by general law. (3) Except as provided in items (1) and (2) of this subsection, the administration of the retirement systems established by that Title 9 is devolved on the Department of Administration effective July 1, 2013. (D)(1) There is established within SCAA the Office of Accountability and Auditing. The State Auditor's Office as provided for in Chapter 7, Title 11 shall also be included in the Office of Accountability and Auditing. The State Auditor serving in office as of June 30, 2013, shall continue to serve, but any successor must be selected by the SCAA. Also included in this office is the Office of the State Inspector General as established pursuant to Chapter 6, Title 1. (2) The Office of Accountability and Auditing also shall be the body that shall receive annual accountability reports pursuant to Article 13, Chapter 1, Title 1. (3) The State Auditor and the Office of the State Inspector General, while maintaining their individual and separate missions, shall both be located in the Office of Accountability and Auditing of the SCAA. The State Auditor and Inspector General shall work together, with advice and consent of the SCAA, to develop a relationship that ensures timely and complete auditing and oversight of both fiscal and programmatic affairs of state agencies and, except for limited administrative purposes, shall remain independent and not subject to supervision by the SCAA. Section 11-55-30. In the course of conducting and managing state affairs where a matter arises which would under prior precedents and practices be referred to the former Budget and Control Board for decision, although the procedure for the decision is not specifically provided for by general law, the matter instead shall be referred to and decided by the SCAA."
SECTION 28. A. (1) The Office of Insurance Services, including the Insurance Reserve Fund, is transferred to the State Contracts and Accountability Authority (SCAA) on July 1, 2013, as a division of the authority. (2) The Office of Insurance Services, including the Insurance Reserve Fund, transferred to the SCAA shall administer and perform all administrative and operational functions of the Office of Insurance Services, including the Insurance Reserve Fund, except that the Attorney General of this State must continue to approve the attorneys-at-law retained to represent the clients of the Insurance Reserve Fund in the manner provided by law. B. Section 1-11-140 of the 1976 Code is amended to read:
"Section 1-11-140. (A) The (B) Any political subdivision of the State including, without limitations, municipalities, counties, and school districts, may procure the insurance for itself and for its employees in the same manner provided for the procurement of this insurance for the State, its entities, and its employees, or in a manner provided by Section 15-78-140. (C) The procurement of tort liability insurance in the manner provided is the exclusive means for the procurement of this insurance.
(D) The
(E) The
(F) The (G) Documentary or other material prepared by or for the Office of Insurance Services in providing any insurance coverage authorized by this section or any other provision of law which is contained in any claim file is subject to disclosure to the extent required by the Freedom of Information Act only after the claim is settled or finally concluded by a court of competent jurisdiction.
(H) The C. Section 15-78-140 of the 1976 Code is amended to read: "Section 15-78-140. (a) (Reserved) (b) The political subdivisions of this State, in regard to tort and automobile liability, property, and casualty insurance shall procure insurance to cover these risks for which immunity has been waived by (1) the purchase of liability insurance pursuant to Section 1-11-140; or (2) the purchase of liability insurance from a private carrier; or (3) self-insurance; or (4) establishing pooled self-insurance liability funds, by intergovernmental agreement, which may not be construed as transacting the business of insurance or otherwise subject to state laws regulating insurance. A pooled self-insurance liability pool is authorized to purchase specific and aggregate excess insurance. A pooled self-insurance liability fund must provide liability coverage for all employees of a political subdivision applying for participation in the fund. If the insurance is obtained other than pursuant to Section 1-11-140, it must be obtained subject to the following conditions:
(1) if the political subdivision does not procure tort liability insurance pursuant to Section 1-11-140, it must also procure its automobile liability and property and casualty insurance from other sources and shall not procure these coverages through the
(2) if a political subdivision procures its tort liability insurance, automobile liability insurance, or property and casualty insurance through the
(3) if the political subdivision, at any time, procures its tort liability, automobile liability, property, or casualty insurance other than through the
(4) if any political subdivision cancels its insurance with the (c) For any claim filed under this chapter, the remedy provided in Section 15-78-120 is exclusive. The immunity of the State and its political subdivisions, with regard to the seizure, execution, or encumbrance of their properties is reaffirmed."
SECTION 29. Chapter 47, Title 2 of the 1976 Code is amended to read:
Section 2-47-10. The General Assembly finds that a need exists for careful planning of permanent improvements and of the utilization of state general obligation and institutional bond authority in order to ensure the continued favorable bond credit rating our State has historically enjoyed. It further finds that the responsibility for Section 2-47-15. Where the amount of a permanent improvement project is five hundred thousand dollars or less and the applicable enabling statute or the general law relating to the project or the issuance of bonds or funding relating to the project requires both the review of the Joint Bond Review Committee and the approval by the former Budget and Control Board, the responsibility of the former Budget and Control Board, in this regard, is devolved upon the Director of the Department of Administration (department). Where the amount of the project or funding exceeds five hundred thousand dollars, the responsibility of the former Budget and Control Board, in this regard, is devolved upon the State Contracts and Accountability Authority with no prior approval required on the part of the department.
Section 2-47-20. There is hereby created a six member joint committee of the General Assembly to be known as the Joint Bond Review Committee to study and monitor policies and procedures relating to the approval of permanent improvement projects and to the issuance of state general obligation and institutional bonds; to evaluate the effect of current and past policies on the bond credit rating of the State; and provide advisory assistance in the establishment of future capital management policies. Three members shall be appointed from the Senate Finance Committee by the chairman thereof and three from the Ways and Means Committee of the House of Representatives by the chairman of that committee The expenses of the committee shall be paid from approved accounts of both houses. The Legislative Council and all other legislative staff organizations shall provide such assistance as the joint committee may request. Section 2-47-25. In addition to the members provided for by Section 2-47-20, two additional members shall be appointed by the Chairman of the Ways and Means Committee of the House of Representatives from the membership of that body. Two additional members shall be appointed by the Chairman of the Finance Committee of the Senate from the membership of the Senate. Members shall serve the same terms as the members of the committee provided for in Section 2-47-20. Section 2-47-30. The committee is specifically charged with, but not limited to, the following responsibilities:
(1) To review, prior to approval by the (2) To study the amount and nature of existing general obligation and institutional bond obligations and the capability of the State to fulfill such obligations based on current and projected revenues. (3) To recommend priorities of future bond issuance based on the social and economic needs of the State. (4) To recommend prudent limitations of bond obligations related to present and future revenue estimates. (5) To consult with independent bond counsel and other nonlegislative authorities on such matters and with fiscal officials of other states to gain in-depth knowledge of capital management and assist in the formulation of short- and long-term recommendations for the General Assembly.
(6) To carry out all of the above assigned responsibilities in consultation and cooperation with the executive branch of government and the (7) To report its findings and recommendations to the General Assembly annually or more frequently if deemed advisable by the committee.
Section 2-47-35. No project authorized in whole or in part for capital improvement bond funding under the provisions of Act 1377 of 1968, as amended, may be implemented until funds can be made available and until the Joint Bond Review Committee, in consultation with the
Section 2-47-40. (A) To assist the
(B) All institutions of higher learning shall submit permanent improvement project proposal and justification statements to the
The (C) No provision in this section or elsewhere in this chapter, shall be construed to limit in any manner the prerogatives of the committee and the General Assembly with regard to recommending or authorizing permanent improvement projects and the funding such projects may require.
Section 2-47-50. (A) The
(B) Any proposal to finance all or any part of any project using any funds not previously authorized specifically for the project by the General Assembly or using any funds not previously approved for the project by the
(C) Any proposed revision of the scope or of the budget of an established permanent improvement project deemed by the (D) For purposes of this chapter, with regard to all institutions of higher learning, permanent improvement project is defined as:
(1) acquisition of land, regardless of cost, with staff level review of the committee and the
(2) acquisition, as opposed to the construction, of buildings or other structures, regardless of cost, with staff level review of the committee and the
(3) work on existing facilities for any given project including their renovation, repair, maintenance, alteration, or demolition in those instances in which the total cost of all work involved is (4) architectural and engineering and other types of planning and design work, regardless of cost, which is intended to result in a permanent improvement project. Master plans and feasibility studies are not permanent improvement projects and are not to be included;
(5) capital lease purchase of a facility acquisition or construction in which the total cost is
(6) equipment that either becomes a permanent fixture of a facility or does not become permanent but is included in the construction contract shall be included as a part of a project in which the total cost is (7) new construction of a facility that exceeds a total cost of five hundred thousand dollars. (E) Any permanent improvement project that meets the above definition must become a project, regardless of the source of funds. However, an institution of higher learning that has been authorized or appropriated capital improvement bond funds, capital reserve funds or state appropriated funds, or state infrastructure bond funds by the General Assembly for capital improvements shall process a permanent improvement project, regardless of the amount. (F) For purposes of establishing permanent improvement projects, Clemson University Public Service Activities (Clemson-PSA) and South Carolina State University Public Service Activities (SC State-PSA) are subject to the provisions of this chapter.
Section 2-47-55. (A) All state agencies responsible for providing and maintaining physical facilities are required to submit a Comprehensive Permanent Improvement Plan (CPIP) to the Joint Bond Review Committee, (B) The State shall define a permanent improvement only in terms of capital improvements, as defined by generally accepted accounting principles, for reporting purposes to the State.
Section 2-47-56. Each state agency and institution may accept gifts-in-kind for architectural and engineering services and construction of a value less than two hundred fifty thousand dollars with the approval of the Commission of Higher Education or its designated staff, the director of the Section 2-47-60. The Joint Bond Review Committee is hereby authorized and directed to regulate the starting date of the various projects approved for funding through the issuance of state highway bonds so as to ensure that the sources of revenue for debt service on such bonds shall be sufficient during the current fiscal year."
SECTION 30. A. Section 1-11-440 of the 1976 Code is amended to read:
"Section 1-11-440. (B) The State must defend the members of the Retirement Systems Investment Panel established pursuant to Section 16, Article X of the Constitution of this State and Section 9-16-310 against a claim or suit that arises out of or by virtue of their performance of official duties on behalf of the panel and must indemnify these members for a loss or judgment incurred by them as a result of the claim or suit, without regard to whether the claim or suit is brought against them in their individual or official capacities, or both. This commitment to defend and indemnify extends to members of the panel after they have left their service with the panel if the claim or suit arises out of or by virtue of their performance of official duties on behalf of the panel." B. 1. Section 11-18-20 of the 1976 Code, as added by Act 290 of 2010, is amended to read: "Section 11-18-20. (a) 'ARRA Bonds' mean: (1) recovery zone bonds authorized under Section 1401 of ARRA; and (2) Qualified Energy Conservation Bonds authorized under Section 301(a) of Tax Extenders and Alternative Minimum Tax Relief Act of 2008, Pub. L. 110-343, 122 Stat. 1365 (2008) as amended by Section 112 of ARRA.
(b) 'Board' means the (c) 'Code' means the Internal Revenue Code of 1986, as amended. (d) 'Local Government' means each county and municipality that received an allocation of Volume Cap pursuant to the Code and IRS Notice 2009-50. (e) 'Other federal bonds' mean any such bond, whether tax--exempt, taxable or tax credit, created after the date hereof whereby a volume cap limitation is proscribed under the Code. (f) 'Qualified energy conservation bond' means the term as defined in Section 54D(a) of the Code. (g) 'Recovery zone' means the term as defined in Section 1400U-1(b) of the Code. (h) 'Recovery zone economic development bond' means the term as defined in Section 1400U-2 of the Code. (i) 'Recovery zone facility bond' means the term as defined in Section 1400U-3 of the Code. (j) 'State' means the State of South Carolina. (k) 'Volume Cap' means the amount or other limitation of ARRA Bonds allocated to each state and to counties and large municipalities within each state in accordance with Section 1400U-1(a)(4) of the Code, with respect to Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds, Section 54D(e)(1) of the Code, with respect to Qualified Energy Conservation Bonds, and any other section of the Code which imposes a volume cap limitation on any other Federal Bonds." 2. The Code Commissioner is directed to change references in Chapter 18 of Title 11 of the 1976 Code from "State Budget and Control Board" or any similar derivation of this term to "State Contracts and Accountability Authority". C. 1. Section 11-37-30 of the 1976 Code is amended to read:
"Section 11-37-30. There is created a body politic and corporate known as the South Carolina Resources Authority. The authority is declared to be a public instrumentality of the State and the exercise by it of any power conferred in this chapter is the performance of an essential public function. The authority consists of the members of the State 2. Section 11-37-200(A) of the 1976 Code is amended to read:
(A) There is established by this section the Water Resources Coordinating Council which shall establish the priorities for all sewer, wastewater treatment, and water supply facility projects addressed in this chapter, except as otherwise established by Section 48-6-40. The council shall consist of a representative of the Governor, the Director of the Department of Health and Environmental Control, the Director of the South Carolina Department of Natural Resources, the Director of the D. 1. Section 11-40-20(A) of the 1976 Code is amended to read:
"(A) There is created a body corporate and politic and an instrumentality of the State to be known as the South Carolina Infrastructure Facilities Authority. The members of the 2. Section 11-40-250 of the 1976 Code is amended to read:
"Section 11-40-250. The Division of Local Government of the State (1) assist in the formulation, establishment, and structuring of programs undertaken by the authority pursuant to this chapter; (2) provide local governments information as to the programs of the authority and the procedures for obtaining the assistance intended by the chapter; (3) assist local governments in making application to such state and federal agencies, including the authority, as may be necessary or helpful in order to avail themselves of such programs; (4) assist the authority in analyzing and evaluating local government requests for assistance pursuant to this chapter; (5) assist in the structuring and negotiation of local government loan agreements and loan obligations and authority bonds; (6) administer the fund, including any accounts therein; (7) administer the authority's programs and loans, including monitoring compliance by local governments with any rules, regulations, or other requirements of the authority with respect to such programs and compliance with covenants and agreements made by local governments with respect to any loan agreement or loan obligation; and
(8) provide E. Section 11-49-40(A) of the 1976 Code is amended to read:
"(A) The authority is governed by a board (B) Members of the board serve without pay but are allowed the usual mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions.
(C) Members of the board and its employees, if any, are subject to the provisions of Chapter 13, Title 8, the Ethics, Government Accountability, and Campaign Reform Act, and Chapter 17,
(D) To the extent that administrative assistance is needed for the functions and operations of the authority, the board may obtain this assistance from the Office of the State Treasurer and the State (E) The board shall exercise the powers of the authority. A majority of the members of the board constitutes a quorum for the purpose of conducting all business. The board shall determine the number of personnel it requires, their compensation, and duties." F. 1. Section 41-43-100 of the 1976 Code is amended to read:
"Section 41-43-100. In addition to other powers vested in the authority by existing laws, the authority has all powers granted the counties and municipalities of this State pursuant to the provisions of Chapter 29, 2. Section 41-43-110(A) of the 1976 Code is amended to read:
"(A) The authority may issue bonds to provide funds for any program authorized by this chapter. The bonds authorized by this chapter are limited obligations of the authority. The principal and interest are payable solely out of the revenues derived by the authority. The bonds issued do not constitute an indebtedness of the State or the authority within the meaning of any state constitutional provision or statutory limitation. They are an indebtedness payable solely from a revenue producing source or from a special source G. Section 54-3-119 of the 1976 Code, as added by Act 73 of 2009, is amended to read:
"Section 54-3-119. (A) Except as provided in subsection (B), the State Ports Authority Board is directed to sell under those terms and conditions it considers most advantageous to the authority and the State of South Carolina all real property it owns 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. The sale shall be timed and concluded on a schedule that prudently considers all market conditions affecting the sale but in any event must be under contract for sale by December 31, 2012, and the sale completed by December 31, 2013. The property must be transferred to the (B) The board shall give the right of first refusal to those former landowners on Thomas (St. Thomas) Island who sold their land located within the transportation corridor to the authority in anticipation of the authority's exercise of eminent domain. The right of first refusal must provide that the landowner may repurchase his land at the same price for which the authority purchased it from him. Each contract for the sale of a parcel located in the transportation corridor on Thomas Island must contain a covenant creating an easement over the parcel. The easement must permit the authority, and any successor in interest to the authority, reasonable ingress and egress to the real property on Daniel Island owned by the authority as of the effective date of this section. The easement must contain express language that the easement runs with the land.
(C)(1) With regard to the sale of real property pursuant to subsection (A), the State Budget and Control Board or the Department of Administration, as appropriate, is vested with all of the board's fiduciary duties to the authority and the authority's bondholders if the property is transferred to the State Budget and Control Board or the Department of Administration for sale. The acceptance of any sales price by either the board, (2) The State Budget and Control Board or the Department of Administration may deduct from the proceeds of the sale an amount equal to the actual costs incurred in conjunction with the sale of the property. The balance of the proceeds must be transmitted to the authority." H. Section 48-5-30 of the 1976 Code is amended to read:
"Section 48-5-30. There is created the South Carolina Water Quality Revolving Fund Authority. The authority is a public instrumentality of this State and the exercise by it of a power conferred in this chapter is the performance of an essential public function. The members of the State I. 1. Section 59-109-30(1) of the 1976 Code is amended to read:
"(1) 'Authority' means the State 2. Section 59-109-40 of the 1976 Code is amended to read:
"Section 59-109-40. There is hereby created a body politic and corporate to be known as the 'Educational Facilities Authority for Private Nonprofit Institutions of Higher Learning,' hereinafter in this chapter called the Authority. The Authority is constituted a public instrumentality and the exercise by the Authority of the powers conferred by this chapter J. Section 59-115-20(1) of the 1976 Code is amended to read:
"(1) 'Authority'
SECTION 31. Article 5, Chapter 11, Title 1 of the 1976 Code, as last amended by Act 31 of 2011, is further amended to read:
Section 1-11-703. As used in this article: (1) 'Actuarial accrued liability' means that portion, as determined by a particular actuarial cost method, of the actuarial present value of fund obligations and administrative expenses which is not provided for by future normal costs. (2) 'Actuarial assumptions' means assumptions regarding the occurrence of future events affecting costs of the SCRHI Trust Fund or LTDI Trust Fund such as mortality, withdrawal, disability, and retirement; changes in compensation; aging effects and cost trends for post-employment benefits; benefit election rates; rates of investment earnings and asset appreciation or depreciation; procedures used to determine the actuarial value of assets; and other such relevant items. (3) 'Actuarial cost method' means a method for determining the actuarial present value of the obligations and administrative expenses of the SCRHI Trust Fund or LTDI Trust Fund and for developing an actuarially equivalent allocation of such value to time periods, usually in the form of a normal cost and an actuarial-accrued liability. Acceptable actuarial methods are the aggregate, attained age, individual entry age, frozen attained age, frozen entry age, and projected unit credit methods. (4) 'Actuarial present value of total projected benefits' means the present value, at the valuation date, of the cost to finance benefits payable in the future, discounted to reflect the expected effects of the time value of money and the probability of payment. (5) 'Actuarial valuation' means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets, and related actuarial present values for the SCRHI Trust Fund or LTDI Trust Fund. (6) 'Actuarially sound' means that calculated contributions to the SCRHI Trust Fund or LTDI Trust Fund are sufficient to pay the full actuarial cost of these trust funds. The full actuarial cost includes both the normal cost of providing for fund obligations as they accrue in the future and the cost of amortizing the unfunded actuarial accrued liability over a period of no more than thirty years. (7) 'Administrative expenses' means all expenses incurred in the operation of the SCRHI Trust Fund and LTDI Trust Fund, including all investment expenses. (8) 'LTDI Trust Fund' means the Long Term Disability Insurance Trust Fund established pursuant to Section 1-11-707 to fund benefits under the state's Basic Long Term Disability (BLTD) Income Benefit Plan.
(9) (10) 'Employee insurance program' or 'EIP' means the office of the board designated by the board to operate insurance programs pursuant to this article. (11) 'IBNR' means unpaid health claims incurred but not reported. The liability for IBNR claims is actuarially estimated based on the most current historical claims experience of previous payments, inflation, award trends, and estimates of health care trend changes. (12) 'Operating account' means the health insurance program's business operating activities account maintained by the State Treasurer in which are deposited all premiums for enrollees in self-funded health plans authorized in this article, along with employer contributions for active employees covered by such self-funded health plans, and from which claims and administrative expenses of the self-funded health and dental plans administered by the employee insurance program are paid. (13) 'State-covered entity' means state agencies and institutions, however described, and school districts. It also includes political subdivisions of the State that participate in the state health and dental plans. (14) 'State health and dental plans' means any insurance program administered by the employee insurance program pursuant to this article. (15) 'SCRHI Trust Fund' means the South Carolina Retiree Health Insurance Trust Fund established pursuant to Section 1-11-705 to fund the employer cost for health benefits for retired state employees and retired public school district employees. (16) 'State Retirement System' or 'State Retirement Systems' means all retirement systems established pursuant to Title 9 except for the National Guard Retirement System. (17) 'Unfunded actuarial accrued liability' means for any actuarial valuation the excess of the actuarial accrued liability over the actuarial value of the assets of the fund under an actuarial cost method utilized by the fund for funding purposes. (18) 'Trust fund paid premiums' means the employer premium for state health and dental plans coverage paid by the SCRHI Trust Fund on behalf of a retiree. When it is expressed as a percentage of trust fund paid premiums, it means that the SCRHI Trust Fund shall pay the stated percentage of the employer premiums, with the retiree paying the balance of the employer premiums and the entire employee premium. Section 1-11-705. (A) There is established in the State Treasury separate and distinct from the general fund of the State and all other funds the South Carolina Retiree Health Insurance Trust Fund (SCRHI Trust Fund) to provide for the employer costs of retiree post-employment health insurance benefits for retired state employees and retired employees of public school districts. Earnings on the SCRHI Trust Fund must be credited to it and unexpended funds carried forward in it to succeeding fiscal years.
(B) The (C) The employee insurance program shall administer the SCRHI Trust Fund.
(D) The employee insurance program shall engage actuarial and other services as required to transact the business of the SCRHI Trust Fund. The actuary engaged by the employee insurance program shall provide technical advice to the
(E) Upon recommendations of the actuary, the
(F) The (G)(1) The funds of the SCRHI Trust Fund must be invested and reinvested by the State Treasurer in the manner allowed by law. The State Treasurer shall consult with the employee insurance program and the employee insurance program's actuary to develop an annual investment plan for the SCRHI Trust Fund taking into account the cash flow needs of the employee insurance program with regard to payment of the employer share of premiums and claims for covered retirees. (2) Effective beginning with the first fiscal year after the ratification of an amendment to Section 16, Article X of the Constitution of this State allowing funds in post-employment benefits trust funds to be invested in equity securities, the Retirement System Investment Commission (RSIC) established pursuant to Chapter 16 of Title 9, shall invest and reinvest the funds of the SCRHI Trust Fund as assets of a retirement system are invested. The chief investment officer shall consult with the employee insurance program and the employee insurance program's actuary to develop an annual investment plan for the SCRHI Trust Fund taking into account the cash flow needs of the employee insurance program with regard to payment of the employer share of premiums and claims for covered retirees. After the initial fiscal year the RSIC assumes this investing function, the annual investment plan for the SCRHI Trust Fund must be approved by the commission no later than June first of each year for the fiscal year beginning July first of the same calendar year.
(H) The
(I) The (1) through the employer contributions for the South Carolina Retirement Systems as provided in Section 1-11-710(A)(2). The total employer contributions collected from the State and school districts for post-employment benefits must be transferred immediately to the SCRHI Trust Fund for investment, reinvestment, and the payment of post-employment benefits; (2) by transfer of the Employee Insurance Program as of January thirty-first of each calendar year to the trust fund from the employee insurance program's operating account, the cash balance in the operating account in excess of one hundred forty percent of the actuarially-determined IBNR reserves of the state's health plans as of December thirty-first of the preceding year. On May 1, 2008, an initial transfer must take place applicable to the cash balance as of December 31, 2007; and (3) with funding as authorized by the General Assembly pursuant to Section 1-11-710(D). (J) Each month, the employee insurance program shall determine the monthly amount of the state-funded employer premium with respect to retired state employees and retired public school district employees who are eligible for state-paid employer premiums pursuant to Section 1-11-730, and shall transfer this amount to the operating account from the SCRHI Trust Fund. In addition, the employee insurance program shall transfer the total cost of post-employment benefits for retirees and their dependents, net of premium contributions made on behalf of retirees and other sources of revenue attributable to retirees, in accordance with Governmental Accounting Standards Board Statements Nos. 43 and 45 and the Implementation Guide. (K) The funds of the SCRHI Trust Fund may only be used for the payment of employer-provided other post-employment benefits under the terms of the state health and dental plans. The administrative costs related to the administration of the SCRHI Trust Fund, and the investment and reinvestment of its funds, may be funded from the earnings of the SCRHI Trust Fund. (L) As a trust, the funds of the SCRHI Trust Fund are not assets of the State or the school districts or their respective agencies. The contributions to the SCRHI Trust Fund are irrevocable and may not revert to the employer except upon complete satisfaction of all liabilities and administrative expenses of the state health and dental plans of other post-employment benefits provided pursuant to the state health and dental plans. Section 1-11-707. (A) There is established in the State Treasury separate and distinct from the general fund of the State and all other funds the South Carolina Long Term Disability Insurance Trust Fund (LTDI Trust Fund) to provide for the payment of benefits under the state's Basic Long Term Disability Income Benefit Plan. Earnings on the LTDI Trust Fund must be credited to it and unexpended funds carry forward in it to succeeding fiscal years.
(B) The (C) The employee insurance program shall administer the LTDI Trust Fund.
(D) The employee insurance program shall engage actuarial and other services as required to transact the business of the LTDI Trust Fund. The actuary engaged by the employee insurance program shall provide technical advice to the
(E) Upon recommendations of the actuary, the
(F) The (G)(1) The funds of the LTDI Trust Fund must be invested and reinvested by the State Treasurer in the manner allowed by law. The State Treasurer shall consult with the employee insurance program and the employee insurance program's actuary to develop an annual investment plan for the LTDI Trust Fund taking into account the cash flow needs of the employee insurance program with regard to payment of the employer share of premiums and claims for covered retirees. (2) Effective beginning with the first fiscal year after the ratification of an amendment to Section 16, Article X of the Constitution of this State allowing funds in post-employment benefits trust funds to be invested in equity securities, the Retirement System Investment Commission (RSIC) established pursuant to Chapter 16 of Title 9, shall invest and reinvest the funds of the LTDI Trust Fund as assets of a retirement system are invested. The chief investment officer shall consult with the employee insurance program and the employee insurance program's actuary to develop an annual investment plan for the LTDI Trust Fund taking into account the cash flow needs of the employee insurance program with regard to payment of the employer share of premiums and claims for covered retirees. After the initial fiscal year the RSIC assumes this investing function, the annual investment plan for the LTDI Trust Fund must be approved by the commission no later than June first of each year for the fiscal year beginning July first of the same calendar year.
(H) The
(I) The (J) Each month, the employee insurance program shall transfer to the operating account from the LTDI Trust Fund the amount invoiced by the third-party administrator for the BLTD Plan for payment of LTDI claims, including reasonable expenses associated with claims administration of the BLTD Plan. (K) The assets of the LTDI Trust Fund may only be used for the payment of the state's claims under the BLTD Plan along with reasonable expenses associated with the operation of the BLTD Plan, and the assets of the LTDI Trust Fund may not be used for any other purpose. The administrative costs related to the administration of the LTDI Trust Fund, and the investment and reinvestment of its funds, must be funded from the earnings of the LTDI Trust Fund. (L) As a trust, the funds of the LTDI Trust Fund are not assets of the State or the school districts or their respective agencies. The contributions to the LTDI Trust Fund are irrevocable and may not revert to the employer except upon complete satisfaction of all liabilities and administrative expenses of the State Basic Long Term Disability Income Benefit Plan of other post-employment benefits provided pursuant to the State Basic Long Term Disability Income Benefit Plan.
Section 1-11-710. (A)(1)
(2) The authority shall:
(a) approve by August fifteenth of each year a plan of benefits, eligibility, and employer, employee, retiree, and dependent contributions for the next calendar year. The
(B) The
(C) Notwithstanding Sections 1-23-310 and 1-23-320 or any other provision of law, claims for benefits under any self-insured plan of insurance offered by the State to state and public school district employees and other eligible individuals must be resolved by procedures established by the
(D) The General Assembly intends to authorize funding for the SCRHI Trust Fund in order to make progress toward reaching or maintaining the minimum annual required contribution under Governmental Accounting Standards Board Statement No. 45. The
Section 1-11-715. The Employee Insurance Program of the Section 1-11-720. (A) In addition to the employees and retirees and their eligible dependents covered under the state health and dental insurance plans pursuant to Section 1-11-710, employees and retirees and their eligible dependents of the following entities are eligible for coverage under the state health and dental insurance plans pursuant to the requirements of subsection (B): (1) counties; (2) regional tourism promotion commissions funded by the Department of Parks, Recreation and Tourism; (3) county intellectual disability boards funded by the State Mental Retardation Department; (4) regional councils of government established pursuant to Article 1, Chapter 7 of Title 6; (5) regional transportation authorities established pursuant to Chapter 25 of Title 58; (6) alcohol and drug abuse planning agencies designated pursuant to Section 61-12-20; (7) special purpose districts created by act of the General Assembly that provide gas, water, fire, sewer, recreation, hospital, or sanitation service, or any combination of these services; (8) municipalities; (9) local councils on aging or other governmental agencies providing aging services funded by the Office on Aging, Office of the Lieutenant Governor; (10) community action agencies that receive funding from the Community Services Block Grant Program administered by the Governor's Office, Division of Economic Opportunity; (11) a residential group care facility providing on-site teaching for residents if the facility's staff are currently members of the South Carolina Retirement System established pursuant to Chapter 1, Title 9 and if it provides at no cost educational facilities on its grounds to the school district in which it is located. (12) the South Carolina State Employees' Association; (13) the Palmetto State Teachers' Association; (14) the South Carolina Education Association; (15) the South Carolina Association of School Administrators; (16) the South Carolina School Boards Association; (17) the South Carolina Student Loan Corporation. (18) legislative caucus committees as defined in Section 8-13-1300(21). (19) soil and water conservation districts established pursuant to Title 48, Chapter 9. (20) housing authorities as provided for in Chapter 3, Title 31; (21) the Greenville-Spartanburg Airport District; (22) cooperative educational service center employees. (23) the South Carolina Sheriff's Association. (24) the Pee Dee Regional Airport District. (25) the Children's Trust Fund as established pursuant to Section 63-11-910. (26) a residential group facility which provides on-site teaching for residents if the facility's employees are currently members of the South Carolina Retirement System or if it provides, at no cost, educational facilities on its grounds to the school district in which it is located. (27) a federally qualified health center. (28) County First Steps Partnership established pursuant to Section 59-152-60. (29) Palmetto Pride as established pursuant to paragraph 26.7, Part 1B, Act 115 of 2005. (30) joint agencies established pursuant to Chapter 23, Title 6.
(B) To be eligible to participate in the state health and dental insurance plans, the entities listed in subsection (A) shall comply with the requirements established by the
(C) If an entity participating in the plans pursuant to subsection (A) is delinquent in remitting proper payments to cover its obligations, the
Section 1-11-725. The Section 1-11-730. (A) If a person began employment eligible for coverage under the state health and dental plans on or before May 1, 2008, the following eligibility provisions govern that person's participation in state health and dental plans as a retiree: (1) A person covered by the state health and dental plans who terminates employment with at least twenty years' retirement service credit by a state-covered entity before eligibility for retirement under a state retirement system is eligible for state health and dental plans coverage, effective on the date of retirement under a state retirement system, if the last five years are consecutive and in a full-time permanent position with a state-covered entity. With respect to a retiree eligible for coverage pursuant to this subsection, the retiree is eligible for trust fund paid premiums and the retiree is responsible for the entire employee premium.
(2) A member of the General Assembly who leaves office or retires with at least eight years' credited service in the General Assembly Retirement System is eligible to participate in the state health and dental plans by paying the full premium as determined by the (3) With respect to an active employee: (a) employed by the State or a public school district, (b) retiring with ten or more years of state-covered entity service credited under a state retirement system, and (c) with the last five years of earned service credit consecutive and in a full-time permanent position with the State or a public school district, the retiree is eligible for trust fund paid premiums and the retiree is responsible for the entire employee premium.
(4) A person covered by the state health and dental plans who retires with at least five years' state-covered entity service credited under a state retirement system is eligible to participate in the state health and dental plans by paying the full premium as determined by the (5) A spouse or dependent of a person covered by the plans who is killed in the line of duty after December 31, 2001, shall receive equivalent coverage under the state health and dental plans for a period of twelve months and the State is responsible for paying the full premium. After the twelve-month period, a spouse or dependent is eligible for trust fund paid premiums. A spouse is eligible for trust fund paid premiums under this subsection until the spouse remarries. A dependent is eligible for trust fund paid premiums under this subsection until the dependent's eligibility for coverage under the plans would ordinarily terminate. (6) A former municipal or county council member of a county or municipality which participates in the state health and dental plans who served on the council for at least twelve years and who was covered under the plans at the time of termination is eligible to maintain coverage under the plans if the former member pays the full employer and employee contributions and if the county or municipal council elects to allow this coverage for former members. (7) A person covered by the state health and dental plans who terminated employment with at least eighteen years' retirement service credit by a state-covered entity before eligibility for retirement under a state retirement system before 1990 is eligible for the plans effective on the date of retirement, if this person returns to a state-covered entity and is covered by the state health and dental plans and completes at least two consecutive years in a full-time permanent position before the date of retirement. (B) If a person began employment eligible for coverage under the state health and dental plans after May 1, 2008, the following eligibility provisions govern that person's participation in state health and dental plans as a retiree: (1) An active employee covered by the state health and dental plans who retires with at least five years of earned retirement service credit under a state retirement system with a state-covered entity is eligible to participate as a retiree in the state health and dental plans if the last five years of the person's covered employment were consecutive and in a full-time permanent position. (2) A person covered by the state health and dental plans who terminates employment before the person's date of retirement with at least twenty years of earned retirement service credit under a state retirement system with a state-covered entity is eligible to participate as a retiree in the state health and dental plans on the person's date of retirement under a state retirement system, if the last five years of the person's covered employment before termination were consecutive and in a full-time permanent position. (3) A retired state employee or a retired employee of a public school district who retires under a state retirement system and who is eligible for state health and dental plan coverage under the provisions of item (1) or (2) of this subsection, is eligible for trust fund paid premiums as follows: (a) If the retiree's earned service credit in a state retirement system is five or more years but fewer than fifteen years with a state-covered entity, then the retiree shall pay the full premium for health and dental plans. (b) If the retiree's earned service credit in a state retirement system is more than fifteen years, but fewer than twenty-five years with a state-covered entity, then the retiree is eligible for fifty percent trust fund paid premiums and the retiree shall pay the remainder of the premium cost. (c) If the retiree's earned service credit in a state retirement system is twenty-five or more years with a state-covered entity, then the retiree is eligible for trust fund paid premiums and the retiree is responsible for the entire employee premium. (4) If a retiree under a state retirement system was employed by an entity that participates in the state health and dental plans pursuant to the provisions of Section 1-11-720 and is eligible to participate in state health and dental plans as a retiree pursuant to the provisions of item (1) or (2) of this subsection, then the retiree's employer, at its discretion, may elect to pay all or a portion of the premium for the retiree's state health and dental plans. (5) A spouse or dependent of a person covered by the plans who is killed in the line of duty on or after May 1, 2008, shall continue to maintain coverage under state health and dental plans for a period of twelve months after the covered person's death and the State is responsible for paying the full premium. After the twelve-month period, a spouse or dependent is eligible for trust fund paid premiums and the spouse or dependent is responsible for the entire employee premium. A spouse is eligible for trust fund paid premiums under this subsection until the spouse remarries. A dependent is eligible for trust fund paid premiums pursuant to this subsection until the dependent's eligibility for coverage under the plans would ordinarily terminate. (C) For employees who participate in the state health and dental plans pursuant to the provisions of Section 1-11-720 but who are not members of the State Retirement Systems, one year of full-time employment or its equivalent under their employment relation equates to one year of earned retirement service credit under a state retirement system for purposes of the requirements of subsection (B)(1) and (2) of this section. The EIP shall implement the provisions of this subsection and make determinations pursuant to it. A person aggrieved by a determination of the EIP pursuant to this subsection may appeal that determination as a contested case as provided in Chapter 23 of Title 1, the Administrative Procedures Act.
Section 1-11-740. The
Section 1-11-750. The
Section 1-11-770. (A) Subject to appropriations, the General Assembly authorizes the (1) provide comprehensive and cost-effective access to health and human services information; (2) improve access to accurate information by simplifying and enhancing state and local health and human services information and referral systems and by fostering collaboration among information and referral systems; (3) electronically connect local information and referral systems to each other, to service providers, and to consumers of information and referral services; (4) establish and promote standards for data collection and for distributing information among state and local organizations; (5) promote the use of a common dialing access code and the visibility and public awareness of the availability of information and referral services; (6) provide a management and administrative structure to support the South Carolina 211 Network and establish technical assistance, training, and support programs for information and referral-service programs; (7) test methods for integrating information and referral services with local and state health and human services programs and for consolidating and streamlining eligibility and case-management processes; (8) provide access to standardized, comprehensive data to assist in identifying gaps and needs in health and human services programs; and (9) provide a unified systems plan with a developed platform, taxonomy, and standards for data management and access.
(B) In order to participate in the South Carolina 211 Network, a 211 provider must be certified by the (1) If any provider of information and referral services or other entity leases a 211 number from a local exchange company and is not certified by the agency, the agency shall, after consultation with the local exchange company and the Public Service Commission, request that the Federal Communications Commission direct the local exchange company to revoke the use of the 211 number. (2) The agency shall seek the assistance and guidance of the Public Service Commission and the Federal Communications Commission in resolving any disputes arising over jurisdiction related to 211 numbers. Section 1-11-780. The State Employee Insurance Program shall continue to provide mental health parity in the same manner and with the same management practices as included in the plan beginning in 2002, and is not under the jurisdiction of the Department of Insurance. The continuation by the State Employee Insurance Program of providing mental health parity in accordance with the plan set forth in 2002 constitutes compliance with this act."
SECTION 32. A.1. Section 8-23-20 of the 1976 Code, as last amended by Act 305 of 2008; and Section 8-23-110 of the 1976 Code, as added by Act 387 of 2000, are amended to read:
"Section 8-23-20. A Deferred Compensation Commission is established consisting of eight members including the director of the South Carolina Retirement System, chief investment officer of the State Retirement System Investment Commission, and the executive director of the State Employees' Association, each of whom serve ex officio, and five other public employees to be appointed by the State The commission shall establish such rules and regulations as it deems necessary to implement and administer the Deferred Compensation Program. The commission shall make such administrative appointments and contracts as are necessary to carry out the purpose and intent of this chapter and in the administration of account assets. For purposes of administering this program, an individual account shall be maintained in the name of each employee. The commission shall select, through competitive bidding and contracts, plans for purchase of fixed and variable annuities, savings, mutual funds, insurance and such other investments as the commission may approve which are not in conflict with the State Constitution and with the advice and approval of the State Treasurer. Costs of administration may be paid from the interest earnings of the funds accrued as a result of deposits or as an assessment against each account. Section 8-23-110. (A) The commission shall ensure that plan documents governing deferred compensation plans administered by the commission permit employer contributions to the extent allowed under the Internal Revenue Code. (B) Political subdivisions of the State, including school districts, participating in deferred compensation plans administered by the commission or such plans offered by other providers may make matching or other contributions on behalf of their participating employees.
(C) As an additional benefit for state employees, and to the extent funds are appropriated for this purpose, the State shall make matching or other contributions on behalf of state employees participating in the deferred compensation plans offered by the commission or such plans offered by other providers in an amount and under the terms and conditions prescribed for such contributions by the State 2. Section 9-1-10 of the 1976 Code, as last amended by Act 353 of 2008, and Section 9-1-20 of the 1976 Code is further amended to read: "Section 9-1-10. As used in this chapter, unless a different meaning is plainly required by the context: (1) 'Accumulated contribution' means the sum of all the amounts deducted from the compensation of a member and credited to the members individual account in the employee annuity savings fund, together with regular interest on the account, as provided in Article 9 of this chapter. (2) 'Active member' means an employee who is compensated by an employer participating in the system and who is making regular retirement contributions to the system.
(3) 'Actuarial equivalent' means a benefit of equal value when computed upon the basis of mortality tables adopted by the (4) 'Average final compensation' with respect to those members retiring on or after July 1, 1986, means the average annual earnable compensation of a member during the twelve consecutive quarters of his creditable service on which regular contributions as a member were made to the system producing the highest such average; a quarter means a period January through March, April through June, July through September, or October through December. An amount up to and including forty-five days' termination pay for unused annual leave at retirement may be added to the average final compensation. Average final compensation for an elected official may be calculated as the average annual earnable compensation for the thirty-six consecutive months before the expiration of the elected official's term of office. (5) 'Beneficiary' means a person in receipt of a pension, an annuity, a retirement allowance or other benefit provided under the system.
(6) (6A) 'Authority' means the State Contracts and Accountability Authority. (7) 'Creditable service' means a member's earned service, prior service, and purchased service.
(8) 'Earnable compensation' means the full rate of the compensation that would be payable to a member if the member worked the member's full normal working time; when compensation includes maintenance, fees, and other things of value the (9) 'Earned service' means: (a) paid employment as a teacher or employee of an employer participating in the system where the teacher or employee makes regular retirement contributions to the system; or (b) service rendered while participating in the State Optional Retirement Program, the Optional Retirement Program for Teachers and School Administrators, or the Optional Retirement Program for Publicly Supported Four Year and Postgraduate Institutions of Higher Education that has been purchased pursuant to Section 9-1-1140(F); or (c) service earned as a participant in the system, the South Carolina Police Officers Retirement System, the Retirement System for Members of the General Assembly, or the Retirement System for Judges and Solicitors that is transferred to or purchased in the system. (10) 'Educational service' means paid service as a classroom teacher in a public, private, or sectarian school providing elementary or secondary education, kindergarten through grade twelve. (11) 'Employee' means: (a) to the extent compensated by this State, an employee, agent, or officer of the State or any of its departments, bureaus, and institutions, other than the public schools, whether the employee is elected, appointed, or employed; (b) the president, dean, professor, or teacher or any other person employed in any college, university, or educational institution of higher learning supported by and under the control of the State; (c) an employee, agent, or officer of a county, municipality, or school district, or an agency or department of any of these, which has been admitted to the system under the provisions of Section 9-1-470, to the extent the employee, agent, or officer is compensated for services from public funds; (d) an employee of the extension service and any other employee a part of whose salary or wage is paid by the federal government if the federal funds from which the salary or wage is paid before disbursement become state funds; (e) an employee of a service organization, the membership of which is composed solely of persons eligible to be teachers or employees as defined by this section, if the compensation received by the employees of the service organization is provided from monies paid by the members as dues or otherwise, or from funds derived from public sources and if the employee contributions prescribed by this title are paid from the funds of the service organization; (f) an employee of an alcohol and drug abuse planning agency authorized to receive funds pursuant to Section 61-12-20; (g) an employee of a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Office of the Lieutenant Governor. 'Employee' does not include supreme and circuit court judges, any person whose services are remunerated solely by per diem payments, or any person employed by a school, college, or university at which the person is enrolled as a student or otherwise regularly attending classes for academic credit unless the person is employed as a school bus driver and is paid by the same school district in which the person is enrolled in school. In determining student status, the system may consider the guidelines of the Social Security Administration regarding student services and other criteria the system uniformly prescribes. (12) 'Employee annuity' means annual payments for life derived from the accumulated contributions of a member.
(13) 'Employee annuity reserve' means the present value of all payments to be made on account of an employee annuity or benefit in lieu of the employee annuity, computed on the basis of mortality tables adopted by the (14) 'Employer' means this State, a county board of education, a district board of trustees, the board of trustees or other managing board of a state-supported college or educational institution, or any other agency of this State by which a teacher or employee is paid; the term 'employer' also includes a county, municipality, or other political subdivision of the State, or an agency or department of any of these, which has been admitted to the system under the provisions of Section 9-1-470, a service organization referred to in item (11)(e) of this section, an alcohol and drug abuse planning agency authorized to receive funds pursuant to Section 61-12-20, and a local council on aging or other governmental agency providing aging services funded by the Office on Aging, Office of the Lieutenant Governor. (15) 'Employer annuity' means annual payments for life derived from money provided by the employer.
(16) 'Employer annuity reserve' means the present value of all payments to be made on account of an employer annuity or benefit in lieu of the employee annuity, computed on the basis of mortality tables adopted by the (17) [Reserved] (18) 'Member' means a teacher or employee included in the membership of the system as provided in Article 5 of this chapter. (19) 'Military service' means: (a) service in the United States Army, United States Navy, United States Marine Corps, United States Air Force, or United States Coast Guard; (b) service in the select reserve of the Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, or the Coast Guard Reserve, and (c) service as a member of the Army National Guard or Air National Guard of this or any other state. (20) 'Nonqualified service' means purchased service other than public service, educational service, military service, leave of absence, and reestablishment of withdrawals. (21) 'Prior service' means service rendered as a teacher or employee before July 1, 1945, for which credit is allowable under Article 7 of this chapter. (22) 'Public school' means a school conducted within this State under the authority and supervision of a duly elected or appointed school district board of trustees. (23) 'Public service' means service as an employee of the government of the United States, a state or political subdivision of the United States, or an agency or instrumentality of any of these. 'Public service' does not include 'educational service' or 'military service' as defined in this section. 'Public service' does include paid service rendered as an employee of a postsecondary public technical college or public junior college, or a public four-year or postgraduate institution of higher education, while the member was a student at that institution. (24) 'Purchased service' means service credit purchased by an active member while an employee of an employer participating in the system.
(25) 'Regular interest' means interest compounded annually at a rate determined by the (26) 'Retirement' means the withdrawal from active service with a retirement allowance granted under the system. (27) 'Retirement allowance' means the sum of the employer annuity and the employee annuity or any optional benefit payable in lieu of the annuity. (28) 'Retirement system' or 'system' means the South Carolina Retirement System established under Section 9-1-20. (29) 'State' or 'this State' means the State of South Carolina;
(30) 'Teacher' means a classroom teacher employed in the public schools supported by this State as determined by the
Section 9-1-20. (A) A retirement system is hereby established and placed under the management of the (B) To the extent provisions of law impose a duty in regard to the administration of the State Retirement System upon the State Contracts and Accountability Authority that do not specifically involve policy or other decisions reserved to the Authority under Section 11-55-20 or by law, the Authority may delegate these administrative duties to the Department of Administrative, Retirement Systems Division." 3. Section 9-1-230 of the 1976 Code is amended to read:
"Section 9-1-230. The 4. Section 9-1-240 of the 1976 Code is amended to read:
"Section 9-1-240. The 5. Section 9-1-250 of the 1976 Code is amended to read:
"Section 9-1-250. At least once in each five-year period, the first of which began in 1947, the actuary shall make an actuarial investigation into the mortality, service and compensation experience of the members and beneficiaries of the system and shall make a valuation of the contingent assets and liabilities of the system and the 6. Section 9-1-260 of the 1976 Code is amended to read:
"Section 9-1-260. On the basis of regular interest and tables last adopted by the 7. Section 9-1-270 of the 1976 Code is amended to read:
"Section 9-1-270. The 8. Section 9-1-280 of the 1976 Code is amended to read:
"Section 9-1-280. The 9. Section 9-1-300 of the 1976 Code is amended to read:
"Section 9-1-300. The 10. Section 9-1-310 of the 1976 Code, as last amended by Act 155 of 2005, is further amended to read:
"Section 9-1-310. The administrative cost of the South Carolina Retirement System, the South Carolina Police Officers Retirement System, the Retirement System for Members of the General Assembly of the State of South Carolina, the Retirement System for Judges and Solicitors of the State of South Carolina, and the National Guard Retirement System must be funded from the interest earnings of the above systems. The allocation of the administrative costs of the systems must be made by the 11. Section 9-1-1020 of the 1976 Code, as last amended by Act 311 of 2008, is further amended to read:
"Section 9-1-1020. The employee annuity savings fund shall be the account in which shall be recorded the contributions deducted from the earnable compensation of members to provide for their employee annuities. Each employer shall cause to be deducted from the compensation of each member on each and every payroll of such employer for each and every payroll period four percent of his earnable compensation. With respect to each member who is eligible for coverage under the Social Security Act in accordance with the agreement entered into during 1955 in accordance with the provisions of Chapter 7 of this Title; however, such deduction shall, commencing with the first day of the period of service with respect to which such agreement is effective, be at the rate of three percent of the part of his earnable compensation not in excess of four thousand eight hundred dollars, plus five percent of the part of his earnable compensation in excess of four thousand eight hundred dollars. In the case of any member so eligible and receiving compensation from two or more employers, such deductions may be adjusted under such rules as the
Each employer shall certify to the
The rates of the deductions, without regard to a member's coverage under the Social Security Act, must be the percentage of earnable compensation as
Each The employee, however, must not be given the option of choosing to receive the contributed amount of the pick ups directly instead of having them paid by the employer to the retirement system. Employee contributions picked up shall be treated for all purposes of this section in the same manner and to the extent as employee contributions made prior to the date picked up. Payments for unused sick leave, single special payments at retirement, bonus and incentive-type payments, or any other payments not considered a part of the regular salary base are not compensation for which contributions are deductible. Contributions are deductible on up to and including forty-five days' termination pay for unused annual leave. If a member has received termination pay for unused annual leave on more than one occasion, contributions are deductible on up to and including forty-five days' termination pay for unused annual leave for each termination payment for unused annual leave received by the member. However, only an amount up to and including forty-five days' pay for unused annual leave from the member's last termination payment shall be included in a member's average final compensation calculation." 12. Section 9-1-1050 of the 1976 Code is amended to read: "Section 9-1-1050. The employer annuity accumulation fund shall be the account: (1) In which shall be recorded the reserves on all employee annuities in force and against which shall be charged all employee annuities and all benefits in lieu of employee annuities; (2) In which must be recorded all reserves for the payment of all employer annuities and other benefits payable from contributions made by employers and against which is charged all employer annuities and other benefits on account of members with prior service credit; and (3) In which shall be recorded the reserves on all employer annuities granted to members not entitled to prior service credit and against which such employer annuities and benefits in lieu thereof shall be charged.
There shall be paid to the system and credited to the employer annuity accumulation fund contributions by the employers in an amount equal to a certain percentage of the earnable compensation of each member employed by each employer to be known as the 'normal contribution' and an additional amount equal to a percentage of such earnable compensation to be known as the 'accrued liability contribution'. The rate percent of such contributions 13. Section 9-1-1060 of the 1976 Code is amended to read:
"Section 9-1-1060. On the basis of regular interest and of such mortality and other tables as shall be adopted by the 14. Section 9-1-1070 of the 1976 Code is amended to read:
"Section 9-1-1070. The rate 15. Section 9-1-1090 of the 1976 Code is amended to read:
"Section 9-1-1090. The accrued liability contribution shall be discontinued as soon as the accumulated reserve in the employer annuity accumulation fund shall equal the present value, as actuarially computed and approved by the 16. Section 9-1-1140 of the 1976 Code, as last amended by Act 311 of 2008, is further amended to read:
"Section 9-1-1140. (A) An active member may establish service credit for any period of paid public service by making a payment to the system to be determined by the
(B) An active member may establish service credit for any period of paid educational service by making a payment to the system determined by the
(C) An active member may establish up to six years of service credit for any period of military service, if the member was discharged or separated from military service under conditions other than dishonorable, by making a payment to the system to be determined by the
(D) An active member on an approved leave of absence from an employer that participates in the system who returns to covered employment within four years may purchase service credit for the period of the approved leave, but may not purchase more than two years of service credit for each separate leave period, by making a payment to the system to be determined by the
(E) An active member who has five or more years of earned service credit may establish up to five years of nonqualified service by making a payment to the system to be determined by the
(F) An active member may establish service credit for any period of service in which the member participated in the State Optional Retirement Program, the Optional Retirement Program for Teachers and School Administrators, or the Optional Retirement Program for Publicly Supported Four-Year and Postgraduate Institutions of Higher Education, by making a payment to the system to be determined by the (G) An active member who previously withdrew contributions from the system may reestablish the service credited to the member at the time of the withdrawal of contributions by repaying the amount of the contributions previously withdrawn, plus regular interest from the date of the withdrawal to the date of repayment to the system. (H) An active member establishing retirement credit pursuant to this chapter may establish that credit by means of payroll deducted installment payments. Interest must be paid on the unpaid balance of the amount due at the rate of the prime rate plus two percent a year. (I) An employer, at its discretion, may pay to the system all or a portion of the cost for an employee's purchase of service credit under this chapter. Any amounts paid by the employer under this subsection for all purposes must be treated as employer contributions. (J) Service credit purchased under this section is not 'earned service' and does not count toward the required five or more years of earned service necessary for benefit eligibility except: (1) earned service previously withdrawn and reestablished; (2) service rendered while participating in the State Optional Retirement Program, the Optional Retirement Program for Teachers and School Administrators, or the Optional Retirement Program for Publicly Supported Four-Year and Postgraduate Institutions of Higher Education that has been purchased pursuant to subsection (F); or (3) service earned as a participant in the system, the South Carolina Police Officers Retirement System, the Retirement System for Members of the General Assembly, or the Retirement System for Judges and Solicitors that is transferred to or purchased in the system. (K) A member may purchase each type of service under this section once each fiscal year.
(L) The (M) At retirement, after March 31, 1991, a member shall receive credit for not more than ninety days of his unused sick leave from the member's last employer at no cost to the member. The leave must be credited at a rate where twenty days of unused sick leave equals one month of service. This additional service credit may not be used to qualify for retirement. (N) An employee drawing workers' compensation who is on a leave of absence for a limited period may voluntarily contribute on his contractual salary, to be matched by the employer." 17. Section 9-1-1175 of the 1976 Code, as last amended by Act 153 of 2005, is further amended to read:
"Section 9-1-1175. 18. Section 9-1-1310(A) of the 1976 Code, as last amended by Act 153 of 2005, is further amended to read:
"(A) The 19. Section 9-1-1320 of the 1976 Code is amended to read:
"Section 9-1-1320. The State Treasurer shall be the custodian of the funds of the system. All payments from such funds shall be made by him only upon vouchers signed by two persons designated by the 20. Section 9-1-1340 of the 1976 Code, as last amended by Act 264 of 2006, is further amended to read:
"Section 9-1-1340. Except as otherwise provided in this chapter or in Chapters 8, 9, 10, and 11 of this title, no member of or person employed by the Retirement System Investment Commission shall have any direct interest in the gains or profits of any investment made by the commission. No commission member or employee of the commission 21. Section 9-1-1515(D)(2) of the 1976 Code is amended to read:
"(2) A member taking early retirement may maintain coverage under the State Insurance Benefits Plan until the date his coverage is reinstated pursuant to item (1) of this subsection by paying the total premium cost, including the employer's contribution, in the manner provided by the Division of Insurance Services 22. Section 9-1-1750 of the 1976 Code is amended to read: "Section 9-1-1750. Effective July 1, 1968, the monthly benefits, inclusive of the supplemental allowances payable under the provisions of Sections 9-1-1910, 9-1-1920 and 9-1-1930, for persons who commenced receiving benefits from the system prior to July 1, 1967 and subsequent to June 30, 1966 shall be increased by five percent, and such monthly benefits to persons who commence receiving benefits in each fiscal year thereafter through the fiscal year ending June 30, 1970, shall be increased by five percent provided that there is sufficient investment income in excess of the valuation interest assumption to fund such increases or a proportionate part thereof on a lifetime basis, as determined by the actuary.
The minimum increase pursuant to this section, inclusive of the increase in the supplemental allowances, shall be five dollars per month. However, if an optional benefit has been elected, the minimum shall be reduced actuarially as determined by the 23. Section 9-1-1775 of the 1976 Code, as last amended by Act 176 of 2010, is further amended to read: "Section 9-1-1775. (A) The Death Benefit Plan for members of the South Carolina Retirement System, hereinafter referred to as the 'plan, is established for the purpose of providing for the payment of the benefits provided by Section 9-1-1770.
(B) A separate fund, to be known as the Death Benefit Plan Reserve Fund, is established within the South Carolina Retirement System, hereinafter referred to as the 'retirement system', to be held in trust by the (C) At the death of a member who has met the eligibility requirements set forth in Section 9-1-1770, a benefit equal to the death benefit provided by Section 9-1-1770 must be paid to the person nominated by the member in accordance with the provisions of Section 9-1-1770 or to the member's estate.
(D) The actuary shall investigate the claim experience of the plan as provided by Section 9-1-250. On the basis of these investigations and upon the recommendation of the actuary, as provided in Section 9-1-1210, the (E) Each qualified member of the retirement system is to be covered as provided in this section effective commencing as of June 19, 1973." 24. Section 9-1-1810 of the 1976 Code, as last amended by Act 311 of 2008, is further amended to read: "Section 9-1-1810. (A) As of the end of each calendar year, the increase in the ratio of the Consumer Price Index to the index as of the prior December thirty-first must be determined. (B)(1) If the Consumer Price Index as determined pursuant to subsection (A) of this section increases by no more than one percent, the retirement allowance, inclusive of the supplemental allowances payable under the provisions of Sections 9-1-1910, 9-1-1920, and 9-1-1930, of each beneficiary in receipt of an allowance must be increased by a percentage equal to the increase in the index. (2) If the Consumer Price Index as determined pursuant to subsection (A) of this section increases by more than one percent, then: (a) the retirement allowance of each beneficiary in receipt of an allowance, inclusive of the supplement allowances payable under the provisions of Section 9-1-1910, 9-1-1920, and 9-1-1930, must be increased by one percent; and
(b) the retirement allowance may be further increased beyond one percent up to the lesser of the total percentage increase in the Consumer Price Index or four percent, to the extent that the additional liabilities because of the increase in allowances would not extend the amortization period to liquidate the unfunded actuarial accrued liability of the South Carolina Retirement System beyond thirty years. In considering this additional increase, the (C) The increase in retirement allowances commences the July first immediately following the December thirty-first that the increase in ratio was determined, and all increases in retirement allowances must be granted to these beneficiaries in receipt of a retirement allowance on July first immediately preceding the effective date of the increase. Any increase in allowance granted pursuant to this section must be included in the determination of any subsequent increases, irrespective of any subsequent decrease in the Consumer Price Index.
(D) The allowance of a surviving annuitant of a beneficiary whose allowance is increased under this section (E) For purposes of this section, 'Consumer Price Index' means the Consumer Price Index for Wage Earners and Clerical Workers, as published by the United States Department of Labor, Bureau of Labor Statist." 25. Section 9-1-1830 of the 9176 Code is amended to read:
"Section 9-1-1830. Starting July 1, 1981, there must be paid to the system, and credited to the post-retirement increase special fund, contributions by the employers in an amount equal to two-tenths of one percent of the earnable compensation of each member employed by each employer. In addition, the State B. Chapter 2, Title 9 of the 1976 Code, as last amended by Act 170 of 1991, is further amended to read:
Section 9-2-10. There is
Section 9-2-20. (a) The (1) one member representing municipal employees; (2) one member representing county employees; (3) three members representing state employees, one of whom must be retired and one of whom must be an active or retired law enforcement officer who is contributing to or receiving benefits from the Police Officers Retirement System. If this law enforcement member is retired, the other two members representing state employees do not have to be retired; (4) two members representing public school teachers, one of whom must be retired;
(5) one member representing the higher education teachers. The (b) The terms of the members shall be for four years and until their successors have been appointed and qualify. No member shall serve more than two consecutive terms. After serving two consecutive terms a member shall be eligible to serve again, four years after the expiration of his second term. Provided that of those first appointed, four of the members shall serve for a term of two years. In the event of a vacancy, a successor shall be appointed in the same manner as the original appointment to serve the unexpired term. (c) A chairman, vice chairman, and secretary shall be elected from among the membership to serve for terms of two years.
Section 9-2-30. The
Section 9-2-40. The
Section 9-2-50. The C. 1. Section 9-8-10 of the 1976 Code, as last amended by Act 108 of 2007, is further amended to read: "Section 9-8-10. The following as used in this chapter, unless a different meaning is plainly required by the context, shall have the following meanings: (1) 'System' means the Retirement System for Judges and Solicitors of the State of South Carolina. (2) 'State' means the State of South Carolina.
(3) (3A) 'Authority' means the State Contracts and Accountability Authority. (4) 'Member of the system' means any person included in the membership of the system, as set forth in Section 9-8-40. (5) 'Credited service' means service for which credit is allowable as provided in Section 9-8-50. (6) 'Retirement allowance' means monthly payments for life under the system payable as provided in Section 9-8-80. (7) 'Beneficiary' means any person in receipt of a retirement allowance or other benefit as provided by the system. (8) 'Aggregate contributions' means the sum of all the amounts deducted from the compensation of a member of the system, or directly remitted by him to the system, and credited to his individual account in the system.
(9) 'Regular interest' means interest compounded annually at such rates as shall be determined by the (10) 'Accumulated contributions' means the member's aggregate contributions, together with regular interest thereon.
(11) 'Actuarial equivalent' means a benefit of equal value when computed on the basis of the tables and regular interest rate last adopted for the particular purpose by the (12) 'Date of establishment' means July 1, 1979. (13) 'Compensation' means the total salary paid to a judge, solicitor, or circuit public defender for service rendered to the State. (14) 'Employee annuity' means annual payments for life derived from the accumulated contributions of a member. (15) 'Employer annuity' means annual payments for life derived from money provided by the State. (16) 'Judge' means a justice of the Supreme Court or a judge of the court of appeals, circuit or family court of the State of South Carolina. (17) 'Solicitor' means the person holding office as described under Section 1-7-310 of the 1976 Code. (18) 'Earned service' means paid employment as a judge, solicitor, or circuit public defender where the judge, solicitor, or circuit public defender makes regular contributions to the system. (19) 'Circuit public defender' means a person holding the office defined in Section 17-3-5(4)." 2. Section 9-8-30 of the 1976 Code is amended to read:
"Section 9-8-30. (1) The administration and responsibility for the operation of the system and for making effective the provisions of this chapter are vested in the
(2) The
(3) The
(4) At least once in each five-year period following the date of establishment, the actuary shall make an actuarial investigation into the mortality, service and compensation experience of the members and beneficiaries of the system and shall make a valuation of the contingent assets and liabilities of the system. The
(5) On the basis of regular interest and tables last adopted by the
(6) The
(7) The
(8) Subject to the limitations hereof, the
(9) The 3. The last undesignated paragraph of Section 9-8-60(1) of the 1976 Code, as added by Act 164 of 1993, is amended to read:
"A person receiving retirement allowances under this system who is elected to the General Assembly continues to receive the retirement allowances while serving in the General Assembly, and 4. Section 9-8-140 of the 1976 Code is amended to read:
"Section 9-8-140. The contributions of the State to the system shall be determined by the The employer contribution shall be remitted to the system within thirty days after the beginning of each fiscal year." D. 1. Section 9-9-10 of the 1976 Code, as last amended by Act 153 of 2001, is further amended to read: "Section 9-9-10. The following words and phrases as used in this chapter, unless a different meaning is plainly required by the context, shall have the following meanings:
(1) 'System'
(2) 'State'
(3) (3A) 'Department' means the Department of Administration acting through its Retirement Systems Division. (4) 'Member of the system' shall mean any person included in the membership of the system, as set forth in Section 9-9-40.
(5) 'Credited service'
(6) 'Retirement allowance'
(7) 'Beneficiary'
(8) 'Aggregate contributions'
(9) 'Regular interest'
(10) Accumulated contributions'
(11) 'Actuarial equivalent'
(12) 'Date of establishment'
(13) 'Earnable compensation' means forty times the daily rate of
(14) 'Employee annuity'
(15) 'Employer annuity' 2. Section 9-9-30 of the 1976 Code is amended to read:
"Section 9-9-30. (1) The general administration and responsibility for the proper operation of the system and for making effective the provisions hereof are hereby vested in the
(2) The
(3) The
(4) At least once in each five-year period following the date of establishment, the actuary shall make an actuarial investigation into the mortality, service and compensation experience of the members and beneficiaries of the system and shall make a valuation of the contingent assets and liabilities of the system. The
(5) On the basis of regular interest and tables last adopted by the
(6) The
(7) The
(8) Subject to the limitations hereof, the
(9) The 3. Section 9-9-130 of the 1976 Code is amended to read:
"Section 9-9-130. The contributions of the State to the system shall be determined by the
Each year the 4. Section 9-9-160 of the 1976 Code is amended to read:
"Section 9-9-160. (1) The State Treasurer shall be the custodian of the funds of the system. All payments from such funds shall be made by him only upon vouchers signed by two persons designated by the (2) For the purpose of meeting disbursements for retirement allowances and other payments, there may be kept available cash, not exceeding ten percent of the total funds of the system, on deposit with the State Treasurer." E. 1. Section 9-10-10 of the 1976 Code, as added by Act 155 of 2005, is amended to read: "Section 9-10-10. As used in this chapter, unless a different meaning is plainly required by the context:
(1) (1A) 'Authority' means the State Contracts and Accountability Authority. (2) 'Director' means the Director of the National Guard Retirement System. (3) 'System' or 'system' means the National Guard Retirement System established pursuant to this chapter." 2. Section 9-10-20 of the 1976 Code, as added by Act 155 of 2005, is amended to read: "Section 9-10-20. (A) A retirement system is established to provide pension benefits for members of the National Guard of South Carolina who became members of the National Guard of South Carolina before July 1, 1993. This retirement system has the powers and privileges of a corporation and must be known as the National Guard Retirement System. By this name all of its business must be transacted, all of its funds invested, and all of its cash, securities, and other property held. The authority is the trustee of the system.
(B) The general administration and responsibility for the proper operation of the system and for making effective the provisions of this chapter are vested in the (C) There is created an office of Director of the National Guard Retirement System. The Director of the South Carolina Retirement System shall serve as director.
(D) The
(E) The
(F) At least once in each five year period following July 1, 2006, the actuary shall make an actuarial investigation into the mortality, service, and compensation experience of the participants of the system and make a valuation of the contingent assets and liabilities of the system. The
(G) On the basis of regular interest and tables last adopted by the
(H) The
(I) Subject to the limitations of this chapter, the
(J) The 3. Section 9-10-60 of the 1976 Code, as added by Act 155 of 2005, is amended to read: "Section 9-10-60. (A) Notwithstanding any other provision of this chapter, a person who becomes a member of the National Guard of South Carolina after June 30, 1993, is ineligible to receive the pension authorized by this chapter. (B) Persons with a break in service remain eligible for pension benefits under this chapter if the person was a member of the National Guard of South Carolina before July 1, 1993. (C) Reserved
(D) The General Assembly annually shall appropriate sums sufficient to establish and maintain the National Guard Retirement System on a sound actuarial basis as determined by the (E) Assets and funds of the National Guard Retirement System must be used to pay obligations to persons entitled to receive benefits under this chapter and may not be diverted or used for any other purpose." 4. Section 9-10-80 of the 1976 Code, as added by Act 155 of 2005, is amended to read:
"Section 9-10-80. (A) The State Treasurer is the custodian of the funds of the National Guard Retirement System. All payments from the funds must be made by him only upon vouchers signed by two persons designated by the (B) For the purpose of meeting disbursements for retirement allowances and other payments, there may be kept available cash, not exceeding ten percent of the total funds of the National Guard Retirement System, on deposit with the State Treasurer." F. 1. Section 9-11-10 of the 1976 Code, as last amended by Act 153 of 2005, is further amended to read: "Section 9-11-10. As used in this chapter, unless a different meaning is plainly required by the context: (1) 'Accumulated additional contributions' means a member's aggregate additional contributions, together with regular interest on the contributions. (2) 'Accumulated contributions' means the sum of all the amounts deducted from the compensation of a member and credited to the member' s individual account in the employee annuity savings fund, together with regular interest on the account, as provided in this chapter. (3) Active member' means a member who is compensated by an employer participating in the system and who is making regular retirement contributions to the system.
(4) 'Actuarial equivalent' means a benefit of equal value when computed on the basis of the tables and regular interest rate last adopted by the (5) 'Aggregate additional contributions' means the sum of all the contributions made by a member pursuant to Section 9-11-210 in effect before July 1, 1974, and any amounts transferred from another fund which are treated as additional contributions pursuant to Section 9-11-210 in effect before July 1, 1974, or Section 9-11-210(6) as amended as of that date. (6) 'Aggregate contributions' means the sum of all the amounts deducted from the compensation of a member and credited to the member's individual account in the system, including any amounts transferred from another fund to the system as provided in Section 9-11-210(6). (7) 'Average final compensation after July 1, 1986' means the average annual compensation of a member during the twelve consecutive quarters of the member's creditable service on which regular contributions as a member were made to the system producing the highest average; a quarter means a period January through March, April through June, July through September, or October through December. An amount up to and including forty-five days' termination pay for unused annual leave at retirement may be added to the average final compensation. Average final compensation for an elected official may be calculated as the average annual earnable compensation for the thirty-six consecutive months prior to the expiration of his term of office. (8) 'Beneficiary' means a person in receipt of a retirement allowance or other benefit provided by the system.
(9) (9A) 'Authority' means the State Contracts and Accountability Authority. (10) 'Class one service' means credited service which is not class two service. (11) 'Class two service' means credited service after June 30, 1974, as a class two member, as defined in subsection (7) of Section 9-11-40, and credited service before July 1, 1974, or date of membership, if later, with respect to which contributions have been made by a member, or on the member's behalf, under the supplemental allowance program or pursuant to subsection (2), (3), or (10) of Section 9-11-210.
(12) 'Compensation' means the total remuneration paid to a police officer for service rendered to an employer for his full normal working time; when compensation includes maintenance, fees and other things of value, the (13) 'Credited service' means a member's earned service and purchased service. (14) 'Date of establishment' means July 1, 1962. (15) 'Earned service' means: (a) the paid employment of a member of the system with an employer participating in the system where the member makes regular retirement contributions to the system; (b) service rendered while participating in the State Optional Retirement Program, the Optional Retirement Program for Teachers and School Administrators, or the Optional Retirement Program for Publicly Supported Four-Year and Postgraduate Institutions of Higher Education that has been purchased pursuant to Section 9-11-50(F); or (c) service with a participating employer in the system, the South Carolina Retirement System, the Retirement System for Members of the General Assembly, or the Retirement System for Judges and Solicitors that is transferred to or purchased in the system. (16) 'Educational service' means paid service as a classroom teacher in a public, private, or sectarian school providing elementary or secondary education, kindergarten through grade twelve. (17) 'Employer' means: (a) the State; (b) a political subdivision, agency, or department of the State which employs police officers and which has been admitted to the system as provided in Section 9-11-40; and (c) a service organization, the membership of which is composed solely of persons eligible to be members as defined by this section, if the compensation received by the employees of the service organization is provided from monies paid by the members as dues, or otherwise, or from funds derived from public sources and if the contributions prescribed by this chapter are to be paid from the funds of the service organization. (18) [Reserved] (19) 'Member' means a person included in the membership of the system, as provided in this chapter. (20) 'Military service' means: (a) service in the United States Army, United States Navy, United States Marine Corps, United States Air Force, or United States Coast Guard; (b) service in the select reserve of the Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, or the Coast Guard Reserve; and (c) service as a member of the Army National Guard or Air National Guard of this or any other state. (21) 'Nonqualified service' means purchased service other than public service, educational service, military service, leave of absence, and reestablishment of withdrawals. (22) 'Other fund' means: (a) the South Carolina Retirement System; or (b) the Police Insurance and Annuity Fund of the State of South Carolina. (23) 'Police officer' means a person who receives his salary from an employer and who is: (a) required by the terms of his employment, either by election or appointment, to give his time to the preservation of public order, the protection of life and property, and the detection of crimes in this State; or (b) an employee after January 1, 2000, of the South Carolina Department of Corrections, the South Carolina Department of Juvenile Justice, or the South Carolina Department of Mental Health who, by the terms of his employment, is a peace officer as defined by Section 24-1-280. Notwithstanding prior duties performed by a person who is a police officer as defined in this item, the provisions of Section 9-11-40(9) apply to a person who is or who becomes a member of the Police Officers Retirement System. (24) 'Public service' means service as an employee of the government of the United States, any state or political subdivision of the United States, or any agency or instrumentality of any of these. The term 'public service' does not include 'educational service' or 'military service' as defined in this section. 'Public service' does include paid service rendered as an employee of a postsecondary public technical college or public junior college, or a public four-year or postgraduate institution of higher education, while the member was a student at that institution. (25) 'Purchased service' means service credit purchased by an active member while an employee of an employer participating in the system.
(26) 'Regular interest' means interest compounded annually at the rate or rates determined for a particular purpose by the (27) 'Retirement allowance' means monthly payments for life under the system payable as provided in Section 9-11-160. (28) 'State' means the State of South Carolina. (29) 'Supplemental allowance program' means the supplemental allowance program established under the system as of July 1, 1966, and as in effect on June 30, 1974. (30) 'System' means the South Carolina Police Officers Retirement System." 2. Section 9-11-20 of the 1976 Code is amended to read:
"Section 9-11-20. (1) A retirement system is hereby created and placed under the administration of the (2) There is hereby created an office to be known as Director of the South Carolina Police Officers Retirement System. The Director of the South Carolina Retirement System shall serve as Director of this system." 3. Section 9-11-30 of the 1976 Code, as last amended by Act 153 of 2005, is further amended to read:
"Section 9-11-30. (1) The general administration and responsibility for the proper operation of the system and for making effective the provisions hereof are hereby vested in the (2) [Reserved]
(3) The
(4) The
(5) At least once in each five-year period following the date of establishment, the actuary shall make an actuarial investigation into the mortality, service and compensation experience of the members and beneficiaries of the system and shall make a valuation of the contingent assets and liabilities of the system and the
(6) On the basis of regular interest and tables last adopted by the
(7) The
(8) The
(9) Subject to the limitations hereof, the
(10) The 4. Section 9-11-45 of the 1976 Code is amended to read:
"Section 9-11-45. Notwithstanding the provisions of Section 9-11-40, an employer who maintains a local retirement system for police officers prior to the date of admission may require all active members of that system to become members of this system on the date of admission. If this option is exercised, all assets of the local retirement system including accumulated member contributions, if any, not needed to meet the local retirement system's retiree liability, if any, must be transferred to this system as of the date of admission. Any actuarial accrued liabilities realized by the system on account of the transfer, as determined by the
The 5. Section 9-11-48 of the 1976 Code, as last amended by Act 506 of 1990, is further amended to read: "Section 9-11-48. Notwithstanding the provisions of Section 9-11-40, an employer who maintains a local retirement system for firefighters before the date of admission to the Police Officers' Retirement System may transfer the local system to the Police Officers' Retirement System by meeting the requirements of one of the following items:
(1)(a) The employer may require all active members and retirees or their beneficiaries of that local system to become members or beneficiaries of the South Carolina Police Officers' Retirement System on the date of admission. The date of admission is April 1, 1989, or at the beginning of any quarter thereafter. If this option is exercised, all assets of the local retirement system must be transferred to this system as of the date of admission. Any actuarial accrued liabilities realized by the system on account of the transfer, including retiree liability, as determined by the (b) Retirees or their beneficiaries transferred to this system shall receive benefits equal to those they received under the former local retirement system plus increases provided by law for beneficiaries of this system on or after the date of admission. (c) If a retiree on the date of transfer is employed in employment covered by the system, the earnings limitation of Section 9-11-150(4) does not apply while the retiree remains in the same covered employment.
(2)(a) The employer may require all active members of the local retirement system for firefighters to become members of the South Carolina Police Officers' Retirement System on the date of admission. The date of admission is April 1, 1990, or at the beginning of any quarter thereafter. If this option is exercised, all assets of the local retirement system including accumulated member contributions, if any, not needed to meet the local retirement system's retiree liability, if any, must be transferred to this system as of the date of admission. Any actuarial accrued liabilities realized by the system on account of the transfer, as determined by the
(b) The 6. Section 9-11-125 of the 1976 Code, as last amended by Act 176 of 2010, is further amended to read: "Section 9-11-125. (A) The Death Benefit Plan for members of the South Carolina Police Officers Retirement System, hereinafter referred to as the 'plan', is established for the purpose of providing for the payment of the benefits provided by Section 9-11-120.
(B) A separate fund, to be known as the Death Benefit Plan Reserve Fund, is established within the South Carolina Police Officers Retirement System, hereinafter referred to as the 'retirement system', to be held in trust by the (C) At the death of a member who has met the eligibility requirements set forth in Section 9-11-120 a benefit equal to the death benefit provided by Section 9-11-120 must be paid to the person nominated by the member in accordance with the provisions of Section 9-11-120 or to the member's estate.
(D) The actuary shall investigate the experience of the plan as provided by Section 9-11-30. On the basis of the investigations and upon the recommendation of the actuary, as provided in Section 9-11-120, the (E) Each qualified member of the retirement system is to be covered as provided in this section effective commencing as of June 19, 1973." 7. Section 9-11-210 of the 1976 Code, as last amended by Act 311 of 2008, is further amended to read:
"Section 9-11-210. (1)
(2) Any police officer who is a participant in the Supplemental Allowance Program on June 30, 1974 and has not made contributions under said Program with respect to his credited service prior to his date of participation therein may elect, by written notice filed with the (4) Reserved.
(5) The
(6) Each member who was, immediately prior to his becoming a member, a participant in another fund shall, and is hereby authorized and required to, cause the amount of his full contributions made under such other fund to be transferred to the system within two months of the date of his membership, provided that the service credited to him under such other fund is includable in his credited service under the system. If the amount so transferred exceeds the amount which would have been transferable from the Police Insurance and Annuity Fund had the member made all required contributions thereto in connection with service prior to July 1, 1962 before becoming a member, plus the amount which the member would have been required to contribute to the system on account of service after said date and prior to his actual date of membership, the (7) The collection of members' contributions is as follows:
Each employer must cause to be deducted on each and every payroll of a member the contributions payable by the member. In determining the amount to be deducted in a payroll period, the employer may consider the rate of compensation of the member on the first day of the payroll period as continuing throughout the payroll period and it may omit deduction from compensation for any period less than a full payroll period if a police officer was not a member on the first day of the payroll period. The chief fiscal officer of each employer shall transmit the amounts deducted to the system together with a schedule of the contributions, on forms prescribed by the Any person failing to transmit, in the manner and within the period herein required, the contributions deducted is guilty of a misdemeanor and must be punished by fine or imprisonment, or both, in the discretion of the court. (8) Every member shall be deemed to consent and agree to the deductions made and provided for herein, and shall receipt for his full salary or compensation, and payment of salary or compensation less such deduction shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such person during the period covered by such payment, except as to the benefits provided under the system. (9) Each of the amounts so deducted shall be credited to the individual account of the member from whose compensation the deduction was made. (10) Any employer may pay to the system on behalf of the members in its employ the amounts which such members would otherwise be required to contribute pursuant to subsection (2) or (3) of this section in order to establish credit as Class Two service for any period of credited service prior to the date on which such members became eligible for Class Two membership or for participation in the Supplemental Allowance Program or any amounts which such members would otherwise be required to contribute pursuant to subsection (4) of this section in order to establish credit for any period of service prior to the date on which such members became eligible for membership. Such amounts contributed by an employer shall not be credited to the members' accumulated contributions, but in the event that a member's accumulated contributions are returned to him upon termination of his membership or are paid to the person designated by him upon his death prior to retirement, any amount contributed by the employer on behalf of the member pursuant to this subsection (10) shall be returned to said employer.
(11) Each (12) Payments for unused sick leave, single special payments at retirement, bonus and incentive-type payments, or any other payments not considered a part of the regular salary base are not compensation for which contributions are deductible. This item does not apply to bonus payments paid to certain categories of employees annually during their work careers. Bonus or special payments applied only during the 'Average Final Compensation' period are excluded as compensation. Contributions are deductible on up to and including forty-five days' termination pay for unused annual leave. If a member has received termination pay for unused annual leave on more than one occasion, contributions are deductible on up to and including forty-five days' termination pay for unused annual leave for each termination payment for unused annual leave received by the member. However, only an amount up to and including forty-five days' pay for unused annual leave from the member's last termination payment shall be included in a member's average final compensation calculation." 8. Section 9-11-220(1) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:
"(1) Commencing as of July 1, 1974, each employer shall contribute to the system seven and one-half percent of the compensation of Class One members in its employ and 9. Section 9-11-75 of the 1976 Code is repealed. G. Chapter 12, Title 9 of the 1976 Code, as added by Act 311 of 2008, is amended to read:
Section 9-12-10. As used in this chapter, unless a different meaning is plainly required by the context:
(1) (2) 'Internal Revenue Code' means the Internal Revenue Code of 1986, as amended from time to time. (3) 'QEBA' means a Qualified Excess Benefit Arrangements under Section 415(m) of the Internal Revenue Code. (4) 'Retirement system' means the South Carolina Retirement System, Retirement System for Judges and Solicitors, Retirement System for Members of the General Assembly, and Police Officers Retirement System established pursuant to Chapters 1, 8, 9, and 11 of this title. Section 9-12-20. Each retirement system may establish and maintain a QEBA. The amount of any annual benefit that would be payable pursuant to this chapter but for the limitation imposed by Section 415 of the Internal Revenue Code shall be paid from a QEBA established and maintained pursuant to this chapter. A QEBA established under this chapter shall be maintained through a separate unfunded QEBA. This arrangement is established for the sole purpose of enabling the retirement systems to continue to apply the same formulas for determining benefits payable to all employees covered by the retirement systems created under Chapters 1, 8, 9, and 11 of this title, including those whose benefits are limited by Section 415 of the Internal Revenue Code.
Section 9-12-30. The Section 9-12-40. All members, retired members, and beneficiaries of the retirement systems are eligible to participate in a QEBA if their benefits would exceed the limitation imposed by Section 415 of the Internal Revenue Code. Participation is determined for each calendar year, and participation shall cease for any calendar year in which the benefit of a member, retired member, or beneficiary is not limited by Section 415 of the Internal Revenue Code.
Section 9-12-50. On and after the effective date of the QEBA, the
Section 9-12-60. The
Section 9-12-70. Contributions shall not be accumulated under a QEBA to pay future supplemental retirement allowances. Instead, each payment of contributions by the applicable employer that would otherwise be made to a retirement system shall be reduced by the amount necessary to pay the required supplemental retirement allowances, and these contributions will be deposited in a separate fund that is a portion of the retirement system. This separate fund is intended to be exempt from federal income tax under Sections 115 and 415(m) of the Internal Revenue Code. The Section 9-12-80. A member, retired member, or beneficiary cannot elect to defer the receipt of all or any part of the payments due under a QEBA. Section 9-12-90. Payments under a QEBA are exempt from garnishment, assignment, alienation, judgments, and other legal processes to the same extent as a retirement allowance under a retirement system. Section 9-12-100. Nothing in this chapter shall be construed as providing for assets to be held in trust or escrow or any form of asset segregation for members, retired members, or beneficiaries. To the extent any person acquires the right to receive benefits under a QEBA, the right shall be no greater than the right of any unsecured general creditor of the State of South Carolina. Section 9-12-110. A QEBA is a portion of a governmental plan as defined in Section 414(d) of the Internal Revenue Code, and is intended to meet the requirements of Internal Revenue Code Sections 115 and 415(m), and shall be so interpreted and administered. Section 9-12-120. Amounts deducted from employer contributions and deposited in a separate QEBA fund shall not increase the amount of employer contributions required under Chapters 1, 8, 9, and 11 of this title." H. 1. Section 9-16-10 of the 1976 Code, as last amended by Act 155 of 2005, is further amended to read: "Section 9-16-10. As used in this chapter, unless a different meaning is plainly required by the context: (1) 'Assets' means all funds, investments, and similar property of the retirement system. (2) 'Beneficiary' means a person, other than the participant, who is designated by a participant or by a retirement program to receive a benefit under the program.
(3) (3.5) 'Commission' means the Retirement System Investment Commission. (4) 'Fiduciary' means a person who: (a) exercises any authority to invest or manage assets of a system; (b) provides investment advice for a fee or other direct or indirect compensation with respect to assets of a system or has any authority or responsibility to do so; (c) is a member of the commission; or (d) is the commission's chief investment officer. (5) 'Participant' means an individual who is or has been an employee enrolled in a retirement program and who is or may become eligible to receive or is currently receiving a benefit under the program. The term does not include an individual who is no longer an employee of an employer as defined by laws governing the retirement system and who has withdrawn his contributions from the retirement system. (6) [Reserved] (7) 'Retirement program' means a program of rights and obligations which a retirement system establishes or maintains and which, by its express terms or as a result of surrounding circumstances: (a) provides retirement benefits to qualifying employees and beneficiaries; or (b) results in a deferral of income by employees for periods extending to the termination of covered employment or beyond. (8) 'Retirement system' means the South Carolina Retirement System, Retirement System for Judges and Solicitors, Retirement System for Members of the General Assembly, National Guard Retirement System, and Police Officers Retirement System established pursuant to Chapters 1, 8, 9, 10 and 11 of this title.
(9) 'Trustee' means the 2. Section 9-16-20 of the 1976 Code, as last amended by Act 311 of 2008, is further amended to read: "Section 9-16-20. (A) All assets of a retirement system are held in trust. The commission has the exclusive authority, subject to this chapter and Section 9-1-1310, to invest and manage those assets. (B) If the retirement system invests in a security issued by an investment company registered under the Investment Company Act of 1940 (15 U.S.C. Section 80a-1, et seq.), the assets of the system include the security, but not assets of the investment company.
(C) The 3. Section 9-16-55(F) of the 1976 Code, as added by Act 248 of 2008, is amended to read:
"(F) 4. Section 9-16-80 of the 1976 Code, as last amended by Act 153 of 2005, is further amended to read:
"Section 9-16-80. (A) Meetings by the
(B) A record of the 5. Section 9-16-90 of the 1976 Code, as last amended by Act 153 of 2005, is further amended to read:
"Section 9-16-90. (A) The commission shall provide investment reports at least quarterly during the fiscal year to the
(B) In addition to the quarterly reports provided in subsection (A), the commission shall provide an annual report to the (1) a description of a material interest held by a trustee, fiduciary, or an employee who is a fiduciary with respect to the investment and management of assets of the system, or by a related person, in a material transaction with the system within the last three years or proposed to be effected; (2) a schedule of the rates of return, net of total investment expense, on assets of the system overall and on assets aggregated by category over the most recent one-year, three-year, five-year, and ten-year periods, to the extent available, and the rates of return on appropriate benchmarks for assets of the system overall and for each category over each period; (3) a schedule of the sum of total investment expense and total general administrative expense for the fiscal year expressed as a percentage of the fair value of assets of the system on the last day of the fiscal year, and an equivalent percentage for the preceding five fiscal years; and (4) a schedule of all assets held for investment purposes on the last day of the fiscal year aggregated and identified by issuer, borrower, lessor, or similar party to the transaction stating, if relevant, the asset's maturity date, rate of interest, par or maturity value, number of shares, costs, and fair value and identifying an asset that is in default or classified as uncollectible. These disclosure requirements are cumulative to and do not replace other reporting requirements provided by law." 6. Section 9-16-320(B) of the 1976 Code, as last amended by Act 105 of 2005, is further amended to read:
"(B) The commission shall meet at least once during each fiscal-year quarter for the purposes of reviewing the performance of investments, assessing compliance with the annual investment plan, and determining whether to amend the plan. The commission shall meet at such other times as are set by the commission or the chairman or requested by the 7. Section 9-16-330(A) of the 1976 Code, as last amended by Act 153 of 2005, is further amended to read:
"(A) The commission shall provide the chief investment officer with a statement of general investment objectives. The commission shall also provide the chief investment officer with a statement of actuarial assumptions developed by the system's actuary and approved by the I. Section 9-18-10(3) of the 1976 Code, as added by Act 38 of 1995, is amended to read:
"(3) 'Board' means the State J. Section 9-21-20(2) of the 1976 Code, as added by Act 12 of 2003, is amended to read:
"(2) 'Board' means the State
SECTION 33. A .Section 1-1-810 of the 1976 Code is amended to read: "Section 1-1-810. Each agency and department of state government shall submit an annual accountability report to the Governor, State Contracts and Accountability Authority's Office of Accountability and Auditing, and the General Assembly covering a period from July first to June thirtieth, unless otherwise directed by the specific statute governing the department or institution. The submission of the annual accountability report by state agencies and departments must be sent to the Office of Accountability and Auditing which in turn shall provide copies to the Governor's Office and the General Assembly." B. Section 1-6-20(A) of the 1976 Code, as added by Act 105 of 2012, is amended to read:
"(A)(1) There is (2) As provided in subsection (D)(3) of Section 11-55-20, the Office of the State Inspector General is located within the Office of Accountability and Auditing of the SCAA, together with the State Auditor's Office. The Office of the State Inspector General is an independent agency, except where joint responsibilities are imposed upon it and the State Auditor's Office in the manner provided by law." C. Section 11-7-10 of the 1976 Code is amended to read:
"Section 11-7-10. (A) The (B) The State Auditor's office is located within the Office of Accountability and Auditing of the SCAA as provided in Section 11-55-20(D)(3)." D. Section 11-7-30 of the 1976 Code is amended to read:
"Section 11-7-30. Reports of audit findings must be available to the Governor,
SECTION 34. A. Whereas the context is appropriate and based on the devolutions provided in Section 11-55-20 of the 1976 Code, as added by this act, in those provisions of the 1976 Code where references to "board" or "State Budget and Control Board" appear, those references must be construed to mean: (1) the Department of Administration or a specific division of that department; or (2) the State Contracts and Accountability Authority or specific office or other component of that authority. B. Where appropriate, the Code Commissioner, in the annual cumulative supplement to the 1976 Code, shall update these references to reflect the devolutions provided in Section 11-55-20 of the 1976 Code added by this act.
SECTION 35. A. Chapter 11, Title 1 of the 1976 Code is amended by adding: "Section 1-11-45. (A) There is established the Department of Administration, Division of Procurement Services. (B) Effective July 1, 2013, the Division of Procurement Services shall exercise all functions, powers, duties, responsibilities, and authority pursuant to the provisions of Chapter 35, Title 11, the South Carolina Consolidated Procurement Code, previously delegated by law to the State Budget and Control Board except for the functions, powers, duties, responsibilities, and authority specifically provided by law to the State Contracts and Accountability Authority." B. Section 11-35-310 of the 1976 Code is amended to read: "Section 11-35-310. Unless the context clearly indicates otherwise: (1) 'Information Technology (IT)' means data processing, telecommunications, and office systems technologies and services: (a) 'Data processing' means the automated collection, storage, manipulation, and retrieval of data including: central processing units for micro, mini, and mainframe computers; related peripheral equipment such as terminals, document scanners, word processors, intelligent copiers, off-line memory storage, printing systems, and data transmission equipment; and related software such as operating systems, library and maintenance routines, and applications programs. (b) 'Telecommunications' means voice, data, message, and video transmissions, and includes the transmission and switching facilities of public telecommunications systems, as well as operating and network software. (c) 'Office systems technology' means office equipment such as typewriters, duplicating and photocopy machines, paper forms, and records; microfilm and microfiche equipment and printing equipment and services. (d) 'Services' means the providing of consultant assistance for any aspect of information technology, systems, and networks.
(2) (3) 'Business' means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity. (4) 'Change order' means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual agreement of the parties to the contract. (5) 'Chief procurement officer' means (a) the management officer for information technology, (b) the state engineer for areas of construction, architectural and engineering, construction management, and land surveying services, and (c) the materials management officer for all other procurements. (6) 'Information Technology Management Officer' means the person holding the position as the head of the Information Technology Office of the State. (7) 'Construction' means the process of building, altering, repairing, remodeling, improving, or demolishing a public infrastructure facility, including any public structure, public building, or other public improvements of any kind to real property. It does not include the routine operation, routine repair, or routine maintenance of an existing public infrastructure facility, including structures, buildings, or real property. (8) 'Contract' means all types of state agreements, regardless of what they may be called, for the procurement or disposal of supplies, services, information technology, or construction. (9) 'Contract modification' means a written order signed by the procurement officer, directing the contractor to make changes which the changes clause of the contract authorizes the procurement officer to order without the consent of the contractor. (10) 'Contractor' means any person having a contract with a governmental body. (11) 'Cost effectiveness' means the ability of a particular product or service to efficiently provide goods or services to the State. In determining the cost effectiveness of a particular product or service, the appropriate chief procurement officer shall list the relevant factors in the bid notice or solicitation and use only those listed relevant factors in determining the award. (12) 'Data' means recorded information, regardless of form or characteristics. (13) 'Days' means calendar days. In computing any period of time prescribed by this code or the ensuing regulations, or by any order of the Procurement Review Panel, the day of the event from which the designated period of time begins to run is not included. If the final day of the designated period falls on a Saturday, Sunday, or a legal holiday for the state or federal government, then the period shall run to the end of the next business day. (14) 'Debarment' means the disqualification of a person to receive invitations for bids, or requests for proposals, or the award of a contract by the State, for a specified period of time commensurate with the seriousness of the offense or the failure or inadequacy of performance. (15) 'Designee' means a duly authorized representative of a person with formal responsibilities under the code.
(16)
(17) (18) 'Governmental Body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, agency, government corporation, or other establishment or official of the executive or judicial branch. Governmental body excludes the General Assembly or its respective branches or its committees, Legislative Council, the Office of Legislative Printing, Information and Technology Systems, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts or any entity created by act of the General Assembly for the purpose of erecting monuments or memorials or commissioning art that is being procured exclusively by private funds. (19) 'Grant' means the furnishing by the State or the United States government of assistance, whether financial or otherwise, to a person to support a program authorized by law. It does not include an award, the primary purpose of which is to procure specified end products, whether in the form of supplies, services, information technology, or construction. A contract resulting from such an award must not be considered a grant but a procurement contract. (20) 'Invitation for bids' means a written or published solicitation issued by an authorized procurement officer for bids to contract for the procurement or disposal of stated supplies, services, information technology, or construction, which will ordinarily result in the award of the contract to the responsible bidder making the lowest responsive bid. (21) 'Materials Management Officer' means the person holding the position as the head of the materials management office of the State. (22) Reserved. (23) 'Political subdivision' means all counties, municipalities, school districts, public service or special purpose districts. (24) 'Procurement' means buying, purchasing, renting, leasing, or otherwise acquiring any supplies, services, information technology, or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction, including description of requirements, selection, and solicitation of sources, preparation and award of contracts, and all phases of contract administration. (25) 'Procurement officer' means any person duly authorized by the governmental body, in accordance with procedures prescribed by regulation, to enter into and administer contracts and make written determinations and findings with respect thereto. The term also includes an authorized representative of the governmental body within the scope of his authority. (26) 'Purchasing agency' means any governmental body other than the chief procurement officers authorized by this code or by way of delegation from the chief procurement officers to enter into contracts. (27) 'Real property' means any land, all things growing on or attached thereto, and all improvements made thereto including buildings and structures located thereon. (28) 'Request for proposals (RFP)' means a written or published solicitation issued by an authorized procurement officer for proposals to provide supplies, services, information technology, or construction which ordinarily result in the award of the contract to the responsible bidder making the proposal determined to be most advantageous to the State. The award of the contract must be made on the basis of evaluation factors that must be stated in the RFP. (29) 'Services' means the furnishing of labor, time, or effort by a contractor not required to deliver a specific end product, other than reports which are merely incidental to required performance. This term includes consultant services other than architectural, engineering, land surveying, construction management, and related services. This term does not include employment agreements or services as defined in Section 11-35-310(1)(d). (30) 'Subcontractor' means any person having a contract to perform work or render service to a prime contractor as a part of the prime contractor's agreement with a governmental body. (31) 'Supplies' means all personal property including, but not limited to, equipment, materials, printing, and insurance. (32) 'State' means state government. (33) 'State Engineer' means the person holding the position as head of the state engineer's office. (34) 'Suspension' means the disqualification of a person to receive invitations for bids, requests for proposals, or the award of a contract by the State, for a temporary period pending the completion of an investigation and any legal proceedings that may ensue because a person is suspected upon probable cause of engaging in criminal, fraudulent, or seriously improper conduct or failure or inadequacy of performance which may lead to debarment. (35) 'Term contract' means contracts established by the chief procurement officer for specific supplies, services, or information technology for a specified time and for which it is mandatory that all governmental bodies procure their requirements during its term. As provided in the solicitation, if a public procurement unit is offered the same supplies, services, or information technology at a price that is at least ten percent less than the term contract price, it may purchase from the vendor offering the lower price after first offering the vendor holding the term contract the option to meet the lower price. The solicitation used to establish the term contract must specify contract terms applicable to a purchase from the vendor offering the lower price. If the vendor holding the term contract meets the lower price, then the governmental body shall purchase from the contract vendor. All decisions to purchase from the vendor offering the lower price must be documented by the procurement officer in sufficient detail to satisfy the requirements of an external audit. A term contract may be a multi-term contract as provided in Section 11-35-2030. (36) 'Using agency' means any governmental body of the State which utilizes any supplies, services, information technology, or construction purchased under this code.
(37) 'Designated C. Section 11-35-540 of the 1976 Code is amended to read:
"Section 11-35-540. (1) Authority to Promulgate Regulations. Except as otherwise provided in this code, the
(2) Nondelegation. The (3) Approval of Operational Procedures. Governmental bodies shall develop internal operational procedures consistent with this code; except, that the operational procedures must be approved in writing by the appropriate chief procurement officer. The operational procedures must be consistent with this chapter. Operational procedures adopted pursuant to this chapter are exempt from the requirements of Section 1-23-140.
(4) The
(5) For every reference in this code to a 'designated D. Section 11-35-1210 of the 1976 Code is amended to read:
"Section 11-35-1210. (1) Authority. The
(2) Policy. Authorizations granted by the (a) adherence to the provisions of this code and the ensuing regulations, particularly concerning competitive procurement methods; (b) responsiveness to user needs; (c) obtaining of the best prices for value received. (3) Adherence to Provisions of the Code. All procurements shall be subject to all the appropriate provisions of this code, especially regarding competitive procurement methods and nonrestrictive specifications.
(4) Subject to subsection (1), the State Board for Technical and Comprehensive Education, in coordination with the appropriate Chief Procurement Officer, may approve a cumulative total of up to fifty thousand dollars in additional procurement authority for technical colleges, provided that the designated E. Section 11-35-1560(C) of the 1976 Code is amended to read:
"(C) A violation of these regulations by a purchasing agency, upon recommendation of the designated board office with approval of the majority of the F. Section 11-35-3010(3) of the 1976 Code is amended to read:
"(3) Approval or Disagreement by State Engineer's Office. The State Engineer's Office has ten days to review the data submitted by the governmental body to determine its position with respect to the particular project delivery method recommended for approval by the governmental body, and to notify the governmental body of its decision in writing. If the State Engineer's Office disagrees with the project delivery method selected, it may contest it by submitting the matter to the G. Section 11-35-3220(9) of the 1976 Code is amended to read:
"(9) Approval or Disagreement by State Engineer's Office. The State Engineer's Office has ten days to review the data submitted by the agency selection committee, and to determine its position with respect to the particular person or firm recommended for approval by the agency. If the State Engineer's Office disagrees with the proposal, it may contest the proposal by submitting the matter to the H. Subarticle 3, Article 17, Chapter 35, Title 11 of the 1976 Code is amended to read:
Section 11-35-4410. (1) There is created the South Carolina Procurement Review Panel which is charged with the responsibility to review and determine de novo: (a) requests for review of written determinations of the chief procurement officers pursuant to Sections 11-35-4210(6), 11-35-4220(5), and 11-35-4230(6); and (b) requests for review of other written determinations, decisions, policies, and procedures arising from or concerning the procurement of supplies, services, information technology, or construction procured in accordance with the provisions of this code and the ensuing regulations; except that a matter which could have been brought before the chief procurement officers in a timely and appropriate manner pursuant to Sections 11-35-4210, 11-35-4220, or 11-35-4230, but was not, must not be the subject of review under this paragraph. Requests for review pursuant to this paragraph must be submitted to the Procurement Review Panel in writing, setting forth the grounds, within fifteen days of the date of the written determinations, decisions, policies, and procedures. (2) The panel must be composed of:
(a)
(i) goods and services; (ii) information technology procurements; (iii) construction; (iv) architects and engineers; (v) construction management; and (vi) land surveying services;
(c) in making the appointments pursuant to the provisions of item (a), the appointing officials shall coordinate their appointments so that no more than one appointment shall be representative of a particular profession listed in item (a). (3) The panel shall elect a chairman from the members at large and shall meet as often as necessary to afford a swift resolution of the controversies submitted to it. Four members present and voting shall constitute a quorum. In the case of a tie vote, the decision of the chief procurement officer is final. At-large members of the panel must be paid per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees. State employee members must be reimbursed for meals, lodging, and travel in accordance with current state allowances. (4)(a) Notwithstanding the provisions of Chapter 23, Title 1 or another provision of law, the Administrative Procedures Act does not apply to administrative reviews conducted by either a chief procurement officer or the Procurement Review Panel. The Procurement Review Panel is vested with the authority to: (i) establish its own rules and procedures for the conduct of its business and the holding of its hearings; (ii) issue subpoenas; (iii) interview any person it considers necessary; and (iv) record all determinations. (b) A party aggrieved by a subpoena issued pursuant to this provision shall apply to the panel for relief. (5) Within fifteen days of receiving a grievance filed pursuant to Section 11-35-4210(6), 11-35-4220(5), 11-35-4230(6), or 11-35-4410(1)(b), the chairman shall either convene the review panel to conduct an administrative review or schedule a hearing to facilitate its administrative review. Except for grievances filed pursuant to Section 11-35-4230(6), the review panel shall record its determination within ten working days and communicate its decision to those involved in the determination. In matters designated by the review panel as complex, the review panel shall record its determination within thirty days. (6) Notwithstanding another provision of law, including the Administrative Procedures Act, the decision of the Procurement Review Panel is final as to administrative review and may be appealed only to the circuit court. The standard of review is as provided by the provisions of the South Carolina Administrative Procedures Act. The filing of an appeal does not automatically stay a decision of the panel. Section 11-35-4420. The appropriate chief procurement officer and an affected governmental body shall have the opportunity to participate fully as a party in a matter pending before the Procurement Review Panel and in an appeal of a decision of the Procurement Review Panel, whether administrative or judicial." I. The Code Commissioner is directed to change all references in Chapter 35, Title 11 of the 1976 Code, the South Carolina Consolidated Procurement Code, from the "Budget and Control Board", the "State Budget and Control Board" or the "Board" to the "State Contracts and Accountability Authority", the "Department of Administration", or the "Division of Procurement Services" of the "Department of Administration", as appropriate.
SECTION 36. (A) Notwithstanding any other provision of law, in addition to the present members of the Charleston Naval Complex Redevelopment Authority, as created by gubernatorial executive order pursuant to Section 31-12-40 of the 1976 Code, there shall be four additional members, two appointed by the Speaker of the House of Representatives and two appointed by the President Pro Tempore of the Senate. These four additional members shall each serve for terms of four years and until their successors are appointed and qualify. Vacancies shall be filled for the remainder of the unexpired term by appointment in the same manner of original appointment. (B) These four additional members shall serve as members of the Charleston Naval Complex Redevelopment Authority with the same powers, duties, and responsibilities of other such members as provided by law. In addition, these four members, together with the gubernatorial appointees to the Charleston Naval Complex Redevelopment Authority, shall also constitute the Charleston Navy Base Museum Authority as a division of the Charleston Naval Redevelopment Authority. Service as a member of the Navy Base Museum Authority is considered an additional and supplemental function and duty of those specified members of the Naval Complex Redevelopment Authority and is not considered another office of honor or profit of this State. The Navy Base Museum Authority shall select from among its members a chairman and such other officers as they consider necessary. (C) The Naval Base Museum Authority shall become operative upon the signing of a Memorandum of Understanding between the RDA and the Hunley Commission. With respect to the Hunley project, the MOU must provide for the Naval Base Museum Authority division of the RDA to undertake and comply with the duties, responsibilities, powers, and functions of the Hunley Commission as specified in Sections 54-7-100 and 54-7-110 of the 1976 Code, and as otherwise provided by law. The Navy Base Museum Authority shall possess and may exercise all powers and authority granted to the Hunley Commission by specific statutory reference in Sections 54-7-100 and 54-7-110. (D) Notwithstanding the provisions of SECTION 39, the provisions of this section take effect upon approval by the Governor. SECTION 37. During the year 2018, the Legislative Audit Council shall conduct a performance review of the provisions of this act to determine its effectiveness and achievements with regard to the more efficient performance of the functions and duties of the various agencies provided for herein and the cost savings and benefits to the State. SECTION 38. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. SECTION 39. Unless otherwise provided, this act takes effect July 1, 2013. However, beginning on January 1, 2013, the appropriate officials of the executive, legislative and judicial branches involved with the implementation of the provisions of this act including the transfer of divisions, offices and personnel to other agencies, the implementation of new offices or divisions within agencies, and the negotiation and execution of necessary agreements relating to this act such as memorandums of understanding may begin undertaking and executing these responsibilities so that the provisions of this act may be fully implemented on July 1, 2013, with the appropriations contained in the 2013-2014 general appropriations act to the fullest extent possible being reflective of the transfers, realignments and restructuring provided by this act.
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