SECTION
91 - A99-LEGISLATIVE DEPARTMENT
91.1. (LEG:
Legislative Employee Designations) The positions included in this section
designated (P) shall denote a permanent employee and the salary is an annual
rate. The positions designated (T) shall denote a temporary employee and the
salary is for a period of six months to be paid at that rate only while the
General Assembly is in session. The positions designated as (Interim) shall
denote a temporary employee and the salary is for a period of six months to be
paid at that rate while the General Assembly is not in session. The positions
designated (PTT) shall denote part-time temporary employees on a twelve-months
basis. The positions designated (PPT) shall denote permanent part-time
employees retained for full-time work for a period of months or the duration of
the legislative session.
91.2. (LEG:
Legislative Employee BPI/Merit) Legislative employees designated (P) or (PPT)
shall receive base pay and average merit pay in the same manner as such pay is
granted to classified state employees, but for purposes of this paragraph, the
term “legislative employees” does not include employees of the House of
Representatives. From the funds appropriated for Employee Pay Increases, the
Speaker of the House and the President ProTempore of the Senate shall determine
the amount necessary for compensation of the employees of the House and Senate.
91.3. (LEG:
Interim Expenses Allowance) The Chairman of the Standing House and Senate
Committees shall each be allowed the sum of six hundred and fifty dollars for
expenses during the interim, between sessions of the General Assembly, to be
paid from the House or Senate approved accounts, with each body paying the
expense allowance of the chairman in its membership. The Speaker of the House
is authorized to approve not more than six hundred and fifty dollars for
expenses during the interim for Chairmen of the Standing Committees of the
House.
91.4. (LEG:
Subsistence/Travel Regulations)(A)Members of the General Assembly shall receive
subsistencefor each legislative day that the respective body is in session and
in any other instance in which a member is allowed subsistence expense. No
member of the General Assembly except those present are eligible for
subsistence on that day. Legislative day is defined as those days commencing
on the regular annual convening day of the General Assembly and continuing
through the day of adjournment sine die, excluding Friday, Saturday, Sunday,
and Monday.
(B) Standing Committees
of the Senate and House of Representatives are authorized to continue work
during the interim; however, House members must receive advanced approval by
the Speaker of the Houseand Senate members must receive advanced approval by
the President Pro Tempore of the Senate or Standing Committee Chairman to
meet. If such advanced approval is not received, the members of the General
Assembly shall not be paid the per diem authorized in this provision. When
certified by the Speaker of the House, President Pro Tempore of the Senate, or
Standing Committee Chairman, the members serving on such committees shall
receive a subsistenceand mileage at the rate provided for by law, and the
regular per diem established in this act for members of boards, commissions,
and committees while attending scheduled meetings. Members may elect to
receive actual expenses incurred for lodging and meals in lieu of the allowable
subsistence expense. The funds for allowances specified in this proviso shall
be paid to the members of the Senate or House of Representatives from the
Approved Accounts of the respective body except as otherwise may be provided.
(C) Joint Study
Committees created pursuant to Acts and Resolutions of the General Assembly are
authorized to continue work during the interim to secure such information and
complete such investigations as may be assigned to the respective committees;
however, House members must receive advanced approval by the Speaker of the
Houseand Senate members must receive advanced approval by the President Pro
Tempore of the Senate or Standing Committee Chairman to meet. If such advanced
approval is not received, the House and Senate members of the Joint Study
Committee shall not be paid the per diem authorized in this provision. When
certified by theappropriate authority, the members appointed to such committees
shall receive a subsistenceand mileage at the rate provided for by law, and the
regular per diem established in this act for members of boards, commissions,
and committees while attending scheduled meetings. Members may elect to
receive actual expenses incurred for lodging and meals in lieu of the allowable
subsistence expense. The allowances specified in this proviso shall be paid
from funds appropriated to the respective committees for such purposes, or from
Approved Accounts of the respective body of the General Assembly if no funds
have been appropriated to such a committee for these purposes.
(D) Members of the Senate
and the House of Representatives when traveling on official State business shall
be allowed a subsistenceand transportation expenses as provided for by law, and
the regular per diem established in this act for members of boards,
commissions, and committees upon approval of the appropriate chairman. When
traveling on official business of the Senate or the House of Representatives
not directly associated with a committee of the General Assembly, members shall
be paid the same allowance upon approval of the President Pro Tempore of the
Senate or the Speaker of the House of Representatives. In either instance, the
members may elect to receive actual expenses incurred for lodging and meals in
lieu of the allowable subsistence expense. The funds for the allowances
specified in this proviso shall be paid from the Approved Accounts of the Senate
or the House of Representatives or from the appropriate account of the agency,
board, commission, task force or committee upon which the member serves.
(E) Members of the
House of Representatives shall not be reimbursed for per diem, subsistence, or
travel in connection with any function held outside of the regular session of
the General Assembly unless prior approval has been received from the Speaker
of the House.
(F) Notwithstanding any
other provision of law, subsistence and mileage reimbursement for members of
the General Assembly shallbe the level authorized by the Internal Revenue
Service for the Columbia area. Provided, in calculating the subsistence
reimbursement for members of the General Assembly the reimbursement rate for
the lodging component shall be the average daily rate for hotels in the
Columbia Downtown area as defined by the Columbia Metro Convention and
Visitor’s Bureau for the preceding fiscal year .
91.5. (LEG:
Senate Voucher Approval) All payroll vouchers, disbursement vouchers, and
interdepartmental transfers of the Senate shall only require the approval of
the Clerk of the Senate.
91.6. (LEG:
Supplies Approval) All supplies for the Senate shall be purchased only upon
the authority of the Clerk of the Senate and all supplies for the House of
Representatives shall be purchased only upon the authority of the Clerk of the
House.
91.7. (LEG: House
Pages) Up to one hundred forty-four Pages may be appointed pursuant to House
policies and procedures and they shall be available for any necessary service
to the House of Representatives.
91.8. (LEG:
Senate Research Personnel Compensation) Senate Research personnel other than
Directors of Research and the committee research staff shall be paid from funds
appropriated for Senate Research at the direction of the Clerk of the Senate.
91.9. (LEG:
Contract for Services) The Standing Committees of the Senate may, upon
approval of the President Pro Tempore, contract with state agencies and other
entities for such projects, programs, and services as may be necessary to the
work of the respective committees. Any such projects, programs, or services
shall be paid from funds appropriated for contractual services.
91.10. (LEG: Jt.
Leg. Committee Operational Authorization) Only the Joint Legislative
Committees for which funding is provided herein are authorized to continue
operating during the current fiscal year under the same laws, resolutions,
rules or regulations which provided for their operations during the prior
fiscal year.
91.11. (LEG:
Legislative Carry Forward) In addition to the funds appropriated in this
section, the funds appropriated under Part IA, Sections 91A, 91B, 91C, 91D, and
91E for the prior fiscal year which are not expended during that fiscal year
may be carried forward to be expended for the same purposes in the current
fiscal year.
91.12. (LEG:SenateExpenditures/O&MCommittee)
Notwithstanding any limitation or other provisions of law to the contrary,
funds expended by the Senate for salary adjustments, professional fees and
dues, and necessary expenses, supplies, and equipment for Senate employees,
must be paid from funds appropriated to the Senate Operations and Management
Committee and funds available in approved accounts of the Senate, and shall be
authorized and allocated in such manner as determined by the Senate Operations
and Management Committee. From the funds annually allocated to each Senator
and Representative for postage and telephone, $250 may be used to purchase
American and State flags.
91.13. (LEG:
In-District Compensation) All members of the General Assembly shall receive an
in-district compensation of $1,000per month.
91.14. (LEG:
Additional House Support Personnel)The
House Operations and Management Committee shall determine procedures and policies
for the administration and operation of the Legislative Aide program and the
House Operations and Management Committee shall manage the program.
Appropriations to the House of Representatives in Part IA shall fund the
program.
91.15. (LEG: House
Postage) The Speaker of the House is authorized to approve no more than$700
per member per fiscal year for postage.
91.16. (LEG:
Legislative Dual Employment) Each committee and joint legislative committee
provide a list to the members of the General Assembly of all employees who hold
dual positions of state employment.
91.17. (LEG:
Code of Law Reimbursement) The Legislative Council may require reimbursement
from public sector recipients except for the General Assemblyof its cost of
acquiring codes of law, supplements, or replacement volumes distributed to
them.
91.18. (LEG:
Statewide Acts Availability) From the funds appropriated in Part IA, Section
91D of this act, for the current fiscal year the clerks of the House of
Representatives and the Senate are to make all statewide Acts available to the
public electronically. The provisions of this section are in lieu of the House
and Senate Clerks’ duties related to the printing and mailing of acts as set
forth in Sections 2-13-190, 2-13-210, and 11-25-640 through 11-25-680 of the
1976 Code.
91.19. (LEG: LAC
Matching Federal Funds) The Legislative Audit Council is authorized to use
funds appropriated in this act as state matching funds for federal funds
available for audits and reviews. The council is also authorized to charge
state agencies for federal funds, if available, for the costs associated with
audits and reviews. Agencies shall remit the federal funds to the Legislative
Audit Council as reimbursement for the costs of audits and reviews.
91.20. (LEG: Other
Funds Oversight Committee) There is created a joint committee of the Senate
and of the House of Representatives entitled the Other Funds Oversight
Committee. The committee shall consist of eight members as follows: the
Chairman of the Senate Finance Committee, or his designee; one member of the
Senate Finance Committee appointed by the Chairman of the Senate Finance
Committee; the Chairman of the House of Representatives Ways and Means
Committee, or his designee; one member of the House Ways and Means Committee
appointed by the Chairman of the House Ways and Means Committee; the Senate
Majority Leader, or his designee; the Senate Minority Leader, or his designee;
the House Majority Leader, or his designee; and the House Minority Leader, or his
designee.
The committee shall review
and examine the source of other funds in this State and recommend to the
General Assembly the appropriate policy for the receipt, appropriation,
expenditure, and reporting of other funds. In making its determination, the
committee shall solicit and receive testimony from state agencies, departments,
boards or commissions regarding the status of the receipt of other funds, the
conditions of receipt, the expenditure of other funds, and any relevant
statistic or measurement. The committee shall make recommendations to the
General Assembly regarding any necessary action.
TheExecutive Budget
Office must notify the committee of any request for an increase in interim
budget authorization resulting from other funds collections that is made by any
state agency, department, board, or commission. The committee shall review
each request and recommend appropriate action.
Members of the committee
shall serve without compensation, but are allowed the usual per diem and
mileage as provided by law for members of boards, commissions, and committees
while on official business.
For purposes of the proviso,
‘other funds’ means any revenues received by an agency which are not federal
funds and are not general funds appropriated by the General Assembly in the
appropriations act.
91.21. DELETED
91.22. (LEG: DMV
Audit Review) For Fiscal Year 2015-16, the provisions of Section 56-1-5(F) are
suspended. Any savings generated by not conducting the review shall be used to
conduct audits required by Section 2-15-60 of the 1976 Code.
91.23. (LEG:
Electronic Correspondence) For Fiscal Year 2015-16, the House of
Representatives may not expend any funds for the printing or mailing of bills,
summaries, committee agendas, etc. to committee members. The House of
Representatives shall send all relevant information concerning committee
meetings to committee members via electronic means.
91.24. (LEG:
Technology Panel) Of the funds appropriated in XII.E.2. for Technology the
K-12 Technology Initiative partnership shall provide a reportto the House
Education and Public Works Committee, the House Ways and Means Committee, the
Senate Education Committee and the Senate Finance Committee, describing the
state’s efforts to facilitate the cost effective provision of connectivity and
internet bandwidth to schools and libraries on a statewide basis, regardless of
location, activities to assist schools and libraries in minimizing and
detecting internet security threats, the development and utilization of technological
and online resources to support student development and achievement, the
development and utilization of curriculum and professional training to support
the use of instructional technology in schools and libraries, and other
educational technology related activities engaged in by the partnership.
Further, the report must detail information on the expenditure of the K-12
Technology funds by each district as well as a list of the districts requesting
flexibility in the use of those funds. The report shall be submitted no later
thanJune 1, 2016.
91.25. (LEG:
Legislative Department Applicability) For purposes of this act and any other
provision of law that would have any effect on the expenditure of state revenue
through the applicability of the particular provision or through compliance
with a mandate or requirement of the provision, the terms “state agency” or
“agency” do not include any component of the Legislative Department unless the
provision of law specifically includes these entities and the inclusion only
applies for purposes of the particular provision.
91.26. DELETED
91.27. (LEG: Act
388 Study Committee) Of the funds appropriated to the Senate, a study
committee shall be established to review and study the effects of Act 388 of
2006 on the various classes of property.
Membership of the committee
shall be comprised of five members as follows:
(1) one member of
the Senate appointed by the President Pro Tempore of the Senate;
(2) one member of
the Senate appointed by the Chairman of the Senate Finance Committee;
(3) one member of
the Senate appointed by the Chairman of the Senate Judiciary Committee;
(4) one member of
the Senate appointed by the Senate Majority Leader; and
(5) one member of
the Senate appointed by the Senate Minority Leader.
The study committee shall
provide a report with findings and recommendations to the General Assembly by
June 30, 2016, at which time the study committee shall be dissolved.
91.28. DELETED
91.29. (LEG:
Requested Information) The departments, bureaus, officers, commissions,
institutions, and other agencies or undertakings of the State, upon request,
shall immediately furnish to President Pro Tempore of the Senate or the Speaker
of the House of Representatives in such form as he may require, any information
requested in relation to their respective affairs or activities.
91.30. (LEG: Voting
System Research Committee) There is created a joint legislative committee,
entitled the “Joint Voting System Research Committee.” This committee shall be
comprised of ten members of the General Assembly, as follows:
(1) the
President Pro Tempore of the Senate, or his designee;
(2) the Speaker
of the House of Representatives, or his designee;
(3) the Chairman
of the Senate Finance Committee, or his designee;
(4) the Chairman
of the House Ways and Means Committee, or his designee;
(5) the Chairman
of the Senate Judiciary Committee, or his designee;
(6) the Chairman
of the House Judiciary Committee, or his designee;
(7) the Majority
Leader of the Senate, or his designee;
(8) the Majority
Leader of the House of Representatives or his designee;
(9) the Minority
Leader of the Senate, or his designee; and
(10) the Minority
Leader of the House of Representatives or his designee.
In the event a designee is
appointed they must be selected from the membership of the General Assembly.
The committee shall identify
and evaluate current voting system technologies that meet the standards
established by Title 7 of the 1976 Code. The committee shall issue a report
which shall include, but is not limited to, the following:
(1) an
evaluation of each form of voting system technology considered by the
committee, including costs, usability, reliability, accessibility, ability to
conduct random audits of election results, and security matters related to
each, as well as any possible solutions to address any concerns raised;
(2) consideration
of best practices established by the United States Election Assistance
Commission; and
(3) an analysis
as to which technology should be implemented in South Carolina. This analysis
shall include costs to acquire and fully implement the recommended technology
for a statewide uniform voting system. The analysis must include proposed
milestones and success measures for implementation.
The report shall be
submitted to the Chairman of the Senate Finance Committee, the Chairman of the
House Ways and Means Committee, the Chairman of the Senate Judiciary Committee,
and the Chairman of the House Judiciary Committee no later than January 30,
2016, after which the committee shall be dissolved.
Staff for the joint
committee shall be provided by the Senate Finance Committee, the House Ways and
Means Committee, the Senate Judiciary Committee, and the House Judiciary Committee.
Members of the study committee shall serve without compensation for per diem,
mileage, and subsistence.
oNormal style='text-align:justify'> Staff for the joint
committee shall be provided by the Senate Finance Committee, the House Ways and
Means Committee, the Senate Judiciary Committee, and the House Judiciary Committee.
Members of the study committee shall serve without compensation for per diem,
mileage, and subsistence.