SEC. 129-0001 PAGE 0741
1 129.1. (Judicial & Involuntary Commitment, Defense of In- priated case services funds who routinely receive prior year
2 digents) It is the responsibility of all agencies, depart- case service billings after the old fiscal year has been of-
3 ments and institutions of state government, to provide at no ficially closed are authorized to pay these case service ob-
4 cost and as a part of the regular services of the agency, ligations with current funds. This authorization does not
5 department or institutions such services as are necessary to apply to billings on hand that have been through a timely
6 carry out the provisions of Chapter 52 of Title 44 (Involun- agency payment approval process when the old fiscal year
7 tary Commitment), Article 7, Chapter 17 of Title 44 of the closes.
8 1976 Code (Judicial Commitment), Chapter 3 of Title 17 of 129.4. (Credit Cards for Goods & Services)
9 the 1976 Code (Defense of Indigents), and Article 1 of Chap- Notwithstanding any other provision of law, the State Treas-
10 ter 3 of Title 16 of the 1976 Code (Death Penalty), as urer may enter into contracts whereby the agency or institu-
11 amended, upon request of the Judicial Department and/or the tion may accept credit cards as payment for goods or
12 appropriate court. To this end, state agencies are directed services provided.
13 to furnish to the Judicial Department a list of their em- 129.5. DELETED (Capital Reserve Fund Carry Forward)
14 ployees who are competent to serve as court examiners. The 129.6. (Warrant Requisitions, Deposits) The expenditure
15 Judicial Department shall forward a copy of this list to the of money appropriated in this Act shall be by warrant requi-
16 appropriate courts, and the courts shall utilize the ser- sitions directed to the Comptroller General. Upon receipt
17 vices of such state employees whenever feasible. State em- of the requisition, accompanied by invoices or other satis-
18 ployees shall receive no additional compensation for factory evidence of the propriety of the payment, and item-
19 performing such services. For the purpose of interpreting ized according to standard budget classifications, the
20 this section, employees of the Medical University of South Comptroller General shall issue his warrant on the State
21 Carolina and individuals serving an internship or residency Treasurer to the payee designated in the requisition. No
22 as an academic requirement or employees who are not full- requisitions for warrants shall be processed for any amounts
23 time state employees and who are not performing duties as less than one dollar. Upon approval and designation by the
24 state employees are not considered state employees. State Budget and Control Board, state institutions may req-
25 129.2. (Capital Improvement Bond Balance Transfer) After uisition funds in favor of their own treasurer, itemized
26 review by the Joint Bond Review Committee, the State Budget only to the extent of the purpose of the appropriation as
27 and Control Board may transfer to the Bond Contingency Re- expressed in this Act, and may deposit such funds in the
28 volving Fund any capital improvement bond project balances name of the institution, in such bank or banking insti-
29 determined not to be usable or needed. Capital improvement tutions as shall be designated by the State Treasurer, and
30 bonds issued on behalf of the Mental Health Commission as disburse same by check to meet the purposes of the appropri-
31 provided in Act 151 of 1983 and Act 1272 and 1276 of 1970, ation, but strict account shall be kept of all such expendi-
32 as amended, or to bonds issued on behalf of the Commission tures according to standard budget classifications. All
33 on Mental Retardation as provided in 44-21-1010 et seq. are money shall be drawn only when actually owing and due. The
34 exempt. Before accomplishing a transfer of this type, the Comptroller General shall establish rules and regulations
35 required determination must be made by the agency for which for the uniform reimbursement, remittance and transfers of
36 the funds were authorized or by the Board if the agency no funds to the General Fund of the State required by law.
37 longer exists and the Board must find that the purpose for 129.7. (Retirement System Contribution - Federal Funds)
38 which the funds were authorized has been achieved. Final settlement received on Federal funds allotted to the
39 129.3. (Case Service Billing Payments - Prior Year) state and the investment earnings thereof, under the pro-
40 Notwithstanding any other provision of law, agencies appro- visions of the State and Local Fiscal Assistance Act of 1972
SEC. 129-0002 PAGE 0742
1 not heretofore appropriated, shall be applied to the payment 129.10. (Fee Increases) (A) No state agency, department,
2 of appropriations in this Act for the State contribution to board, committee, commission, or authority, may increase an
3 the South Carolina Retirement System. existing fee for performing any duty, responsibility, or
4 129.8. (Federal Program Expenses, Lag Time) After July function unless the fee for performing the particular duty,
5 1, of the current fiscal year, the Department of Health and responsibility, or function is authorized by statutory law
6 Environmental Control, Department of Mental Health, Depart- and set by regulation except as provided in this paragraph.
7 ment of Mental Retardation, Department of Social Services, (B) This paragraph does not apply to:
8 State Health and Human Services Finance Commission, Commis- (1) state-supported governmental health care facilities;
9 sion on Aging, Advisory Board for Review of Foster Care of (2) state-supported schools, colleges, and universities;
10 Children, Department of Corrections, and Department of Youth (3) educational, entertainment, recreational, cultural,
11 Services may expend if necessary, state appropriated funds and training programs;
12 for the current fiscal year to cover fourth quarter Federal (4) the State Board of Financial Institutions;
13 Programs expenses incurred in the prior fiscal year necessi- (5) sales by state agencies of goods or tangible pro-
14 tated by the time lag of federal reimbursement. ducts produced for or by these agencies;
15 129.9. (Federal Funds, Donations, Deposited in State (6) charges by state agencies for room and board pro-
16 Treasury) All Federal Funds received shall be deposited in vided on state-owned property;
17 the State Treasury, if not in conflict with Federal regu- (7) application fees for recreational activities spon-
18 lations, and withdrawn therefrom as needed, in the same man- sored by state agencies and conducted on a draw or lottery
19 ner as that provided for the disbursement of state funds. basis;
20 If it shall be determined that federal funds are not avail- (8) court fees or fines levied in a judicial or
21 able for, or cannot be appropriately used in connection adjudicatory proceeding;
22 with, all or any part of any activity or program for which (9) the South Carolina Public Service Authority or the
23 state funds are specifically appropriated in this Act to South Carolina Ports Authority.
24 match Federal funds, the appropriated funds may not be ex- (C) This paragraph does not prohibit a state agency, de-
25 pended and shall be returned to the General Fund, except partment, board, committee, or commission from increasing
26 upon specific written approval of the Budget and Control fees for services provided to other state agencies, depart-
27 Board after review by the Joint Appropriations Review Com- ments, boards, committees, commissions, political subdivi-
28 mittee. Donations or contributions from sources other than sions, or fees for health care and laboratory services
29 the Federal Government, for use by any state agency, shall regardless of whether the fee is set by statute.
30 be deposited in the State Treasury, but in special accounts, (D) Statutory law for purposes of this paragraph does not
31 and shall be withdrawn from the treasury as needed to ful- include regulations promulgated pursuant to the State Admin-
32 fill the purposes and conditions of the said donations, or istrative Procedures Act.
33 contributions, if specified, and, if not specified, as may 129.11. DELETED (HUGO Note)
34 be directed by the proper authorities of the department. 129.12. (POLA, 110%) Professional and Occupational Li-
35 The expenditure of funds by agencies of the State Government censing Agencies referred to in Section 11-5-210, CLSC,
36 from sources other than General Fund appropriations shall be 1976, must generate revenue equal to 110 percent of their
37 subject to the same limitations and provisions of law appli- appropriation. In any year during which any Professional
38 cable to the expenditure of appropriated funds with respect and Occupational Licensing Agency does not generate the re-
39 to salaries, wages or other compensation, travel expense, quired revenue as provided above, it shall generate suffi-
40 and other allowance or benefits for employees. cient revenue in the succeeding year to offset the prior
SEC. 129-0003 PAGE 0743
1 deficit, in addition to meeting requirements for the current Studies & Bonds) In addition to the powers and duties
2 year. Professional and Occupational Licensing Boards may devolved upon the Budget and Control Board by the 1976 Code
3 adjust fees, if necessary, to generate revenue at least ten of Laws of this State, the said Board is hereby given full
4 percent above the current year state appropriation. power and authority to make surveys, studies, and examina-
5 129.13. (State Institutions - Revenues & Income) The tions of departments, institutions, and agencies of this
6 University of South Carolina, Clemson University, the Med- State, as well as its programs, so as to determine whether a
7 ical University of S. C. (including the Medical University proper system of accounting is maintained in such depart-
8 Hospital), The Citadel, Winthrop College, S. C. State Col- ments, institutions, commissions, and agencies, and to re-
9 lege, Francis Marion College, College of Charleston, Lander quire and enforce the adoption of such policies as are
10 College and the Wil Lou Gray Opportunity School shall remit deemed necessary to accomplish these purposes; and to sur-
11 all revenues and income, collected at the respective insti- vey, appraise, examine and inspect, and determine the true
12 tutions, to the State Treasurer according to the terms of conditions of all property of the State, and what may be
13 Section 1 of this Act, but all such revenues or income so necessary to protect it against fire hazard or deteri-
14 collected, except fees received as regular term tuition, oration, and to conserve its use for State purposes, and to
15 matriculation, and registration, shall be carried in a spe- make and issue and to enforce all necessary, needful, and
16 cial continuing account by the State Treasurer, to the convenient rules and regulations for the enforcement of this
17 credit of the respective institutions, and may be requisi- provision and to approve the destruction or disposal of re-
18 tioned by said institutions, in the manner prescribed in cords of no value to the State. The State Budget and Con-
19 Section 129.6 of this Act, and expended to fulfill the pur- trol Board may require that all plans and specifications for
20 pose for which such fees or income were levied, but no part permanent improvements of any nature by any State department
21 of such income shall be used for permanent improvements or institution shall be submitted to the said Board for ap-
22 without the express written approval of the State Budget and proval prior to the awarding of any contract therefor, or
23 Control Board and the Joint Legislative Capital Bond Review prior to construction by any other means. The State Budget
24 Committee; and it is further required that no such fee or and Control Board shall have the authority to approve blan-
25 income shall be charged in excess of the amount that is nec- ket bonds for each of the several departments, agencies and
26 essary to supply the service, or fulfill the purpose for institutions of the state government, which bonds shall in-
27 which such fee or income was charged. Notwithstanding other clude coverage requirements by law for particular officials
28 provisions of this act, funds at State Institutions of and employees and any others who, in the opinion of the
29 Higher Learning derived wholly from athletic or other stu- Board, should be bonded. Such blanket bonds shall be sub-
30 dent contests, from the activities of student organizations, ject to approval as to form and execution by the Attorney
31 and from the operations of canteens and bookstores, and from General.
32 approved Private Practice plans may be retained at the in- The Division of General Services may contract to develop
33 stitution and expended by the respective institutions only an energy utilization management system for state facilities
34 in accord with policies established by the institution's under its control and to assist other agencies and depart-
35 Board of Trustees. Such funds shall be audited annually by ments in establishing similar programs following all appli-
36 the State but the provisions of this Act concerning unclas- cable laws and regulations, but no capital expenditures are
37 sified personnel compensation, travel, equipment purchases authorized hereby.
38 and other purchasing regulations shall not apply to the use 129.15. (Transfers of Appropriations) (A) Transfers of
39 of these funds. appropriations herein provided may be made within depart-
40 129.14. (BCB Authority - Agency Surveys, Facilities ments upon written justification to the State Budget Divi-
SEC. 129-0004 PAGE 0744
1 sion and upon the unanimous approval of the State Budget and receipt of such actions.
2 Control Board. 129.21. (Family Foster Care Payments) The Department of
3 (B) No such transfer may exceed twenty percent of the Mental Retardation, Department of Social Services, and De-
4 program budget. Upon request, details of such transfers may partment of Youth Services shall furnish as Family Foster
5 be provided to members of the General Assembly on an agency Care payments for individual foster children under their
6 by agency basis. sponsorship:
7 (C) No transfers for the purpose of providing salary in- ages 0 - 5 $182 per month
8 creases for current employees shall be allowed from funds ages 6 - 12 $209 per month
9 appropriated in this act for new positions. ages 13 + $275 per month
10 (D) The Board shall use all transfer activity data to as- These specified amounts are for the basic needs of the fos-
11 sist in analyzing agencies' budget requests. A report on ter children. Basic needs within this proviso are identi-
12 transfer activity shall be made quarterly to the Ways and fied as food (at home and away), clothing, housing,
13 Means Committee and the Senate Finance Committee. transportation, education and other costs as defined in the
14 129.16. (Bank Procedures - State Treasury A Bank) In any U.S. Department of Agriculture study of "Annual Cost of
15 instances where Federal laws or regulations, relating to raising a Child to Age Eighteen". Further, each agency
16 funds allotted to State Government agencies, include re- shall identify and justify, as another line item, all mate-
17 quirements relating to banking procedures, the State Treas- rial and/or services, in excess of those basic needs listed
18 ury shall be deemed to meet the definition of a bank. above, which were a direct result of a professional agency
19 129.17. (Community Corrections Revenue to General Fund) evaluation of clientele need. Legitimate medical care in
20 Notwithstanding any other provision of law, of the funds excess of Medicaid reimbursement or such care not recognized
21 generated in the current fiscal year from the increases in by Medicaid may be considered as special needs if approved
22 the fees resulting from the amendment to Section 24-23-210 by the sponsoring/responsible agency and shall be reimbursed
23 of the 1976 Code, as contained in Section 41 of Part II of by the sponsoring agency in the same manner of reimbursing
24 the FY 91-92 Appropriations Act, $740,000 must be credited other special needs of foster children.
25 to the general fund of the State. 129.22. (Fixed Student Fees) During the current fiscal
26 129.18. DELETED (BCB Expenditure Authority, Mid Yr Red, year, student fees at the State institutions of higher
27 Perm Impr, Bldg Codes) (Moved to 14N.1A. & 14G.5A.) learning shall be fixed by the respective Boards of Trustees
28 129.19. DELETED (Quarterly Allocations Plan) (Moved to as follows:
29 14N.1A.) (1) Fees applicable to student housing, dining halls,
30 129.20. (Federal Funds - DHEC, DSS, HHSFC, Aging - Disal- student health service, parking facility, laundries and all
31 lowances) Amounts appropriated to the Department of Health other personal subsistence expenses shall be sufficient to
32 and Environmental Control, Department of Social Services, fully cover the total direct operating and capital expenses
33 State Health and Human Services Finance Commission, and Com- of providing such facilities and services over their ex-
34 mission on Aging may be expended to cover program operations pected useful life except those operating or capital ex-
35 of prior fiscal years where adjustment of such prior years penses related to the removal of asbestos.
36 are necessary under federal regulations or audit exceptions. (2) Student Activity Fees may be fixed at such rates as
37 All disallowances or notices of disallowances by any federal the respective Boards shall deem reasonable and necessary.
38 agency of any costs claimed by these agencies shall be sub- 129.23. (Tech Educ Colleges - Student Activity Fees)
39 mitted to the State Auditor, the House Ways and Means Com- Notwithstanding any other provisions of this Act, funds at
40 mittee and the Senate Finance Committee, within five days of Technical Education Colleges derived wholly from the activ-
SEC. 129-0005 PAGE 0745
1 ities of student organizations and from the operations of their respective boards or commissions.
2 canteens and bookstores may be retained by the college and (2) The chief executive officer of each of the follow-
3 expended only in accord with policies established by the re- ing agencies: Commission on Aging, Commission on Alcohol
4 spective college's Area Commission and approved by the State and Drug Abuse, Commission on the Blind, Children's Foster
5 Board for Technical and Comprehensive Education. Care Review Board, Department of Education, Department of
6 129.24. (Educational Fee Waivers) The institutions of Health and Environmental Control, State Health and Human
7 higher education may offer educational fee waivers to no Services Finance Commission, Department of Youth Services,
8 more than two percent of the undergraduate student body. Department of Veterans' Affairs, John De La Howe School, De-
9 129.25. (Human Services Coordinating Council Creation) partment of Mental Health, Department of Mental Retardation,
10 The General Assembly finds that the operation of health and School for Deaf and Blind, Department of Social Services,
11 human services may be enhanced by closer working relation- Department of Vocational Rehabilitation, Guardian ad Litem
12 ships among agencies at the state and local level. The Gen- Program, Continuum of Care for Emotionally Disturbed Chil-
13 eral Assembly finds that coordination at both levels dren, Educational Television, Wil Lou Gray Opportunity
14 provides opportunities to serve the citizens of South School, Department of Corrections, Probation, Parole and
15 Carolina better through (1) continued expansion of services Pardon Services and the State Housing Finance and Develop-
16 integration and (2) stronger communication among agencies ment Authority.
17 delivering services. (3) The Governor or his designee.
18 In order to assist in, recommend, develop policy for, and (4) Other such members as the Council shall deem appro-
19 supervise the expenditure of funds for the continuation of priate.
20 service integration in South Carolina, there is created a The Council shall:
21 Human Services Coordinating Council, hereinafter, entitled (1) Select a board chairperson on an annual basis to
22 the Council. The Council shall consist of: serve as the Council chairperson; select a chief executive
23 (1) The chairperson of the boards of the following officer on an annual basis to serve as the Council vice-
24 agencies: Commission on Aging, Commission on Alcohol and chairperson.
25 Drug Abuse, Commission on the Blind, Children's Foster Care (2) Meet regularly to provide an opportunity for collab-
26 Review Board, Department of Education, Department of Health oration and cooperation among member agencies.
27 and Environmental Control, State Health and Human Services The Council shall have as its goals:
28 Finance Commission, Department of Youth Services, Department (1) Identify and address priority health and human needs
29 of Veterans' Affairs, John De La Howe School, Department of and promote the availability of responsive resources.
30 Mental Health, Department of Mental Retardation, School for (2) Promote cost-effective, efficient approaches for the
31 Deaf and Blind, Department of Social Services, Department of delivery of health and human services which include pre-
32 Vocational Rehabilitation, Guardian ad Litem Program, vention, education, reduction of dependency, promotion of
33 Continuum of Care for Emotionally Disturbed Children, Educa- self-sufficiency and delivery of services in the least re-
34 tional Television, Wil Lou Gray Opportunity School, Depart- strictive, most appropriate community-based and institu-
35 ment of Corrections, Probation, Parole and Pardon Services tional settings.
36 and the State Housing Finance and Development Authority. (3) Provide coordination between the council members and
37 These chairpersons shall receive the usual mileage, the State Health and Human Services Finance Commission in
38 subsistence, and per diem provided by law for members of the development of the comprehensive State Health and Human
39 committees, boards, and commissions. Mileage, subsistence, Services Plan.
40 and per diem must be paid from the approved accounts of (4) In cooperation with the State Health and Human Ser-
SEC. 129-0006 PAGE 0746
1 vices Finance Commission, coordinate and oversee efforts to 129.29. (Payroll Schedule & Compensation Restrictions)
2 integrate services information among state agencies and be- Except as otherwise provided in this Act, all appropriations
3 tween state and local agencies. for compensation of State Employees shall be paid in twice-
4 (5) Review and monitor service integration efforts begun monthly installments to the person holding such position.
5 by the Human Services Integration Projects, including: In order to provide a regular and permanent schedule for
6 (a) Developing standards for case management activities payment of employees, it is hereby established that the pay-
7 and coordinating with local entities on service integration roll period shall begin on June 2, 1991, with the first pay
8 efforts, and period ending on June 16, 1991. The payroll period shall
9 (b) Receiving requests for funding of projects designed continue thereafter on a twice-monthly schedule as estab-
10 to further integration of services, including review and ap- lished by the Budget and Control Board. It is the intent of
11 proval of such projects. the General Assembly that this schedule, thus established,
12 129.26. (Alternate Electronic Funds Transfer System) will continue from one fiscal year to another without inter-
13 There is established a committee to study an alternate elec- ruption, on a twice monthly basis. The Budget and Control
14 tronic funds transfer system to deliver benefits to quali- Board is authorized to approve any changes to this schedule
15 fied recipients. The committee shall consist of one where circumstances are deemed justifiable.
16 representative from each of the following agencies: the The appropriated salaries for specified positions shall
17 South Carolina Department of Social Services, South Carolina mean the maximum compensation for such position, except as
18 State Health and Human Services Finance Commission, the specifically provided in other provisions of this act, and
19 South Carolina Employment Security Commission, the State Re- in any case where the head of any department can secure the
20 organization Commission, and the State Treasurer. One mem- services for a particular position or work at a lower rate
21 ber each shall be appointed by the President of the Senate, than the salary specified in this Act, authority for so do-
22 the Speaker of the House of Representatives, and the Gover- ing is hereby given.
23 nor. The Committee shall provide oversight and monitoring No employee of any state department or institution shall
24 of the implementation of the alternate electronic benefit be paid any compensation from any other department of the
25 transfer pilot project. state government except those approved under the provisions
26 129.27. (Employer Contributions Cost of Agencies) It is of Regulation 19-702.09 of the 1976 Code, as amended, and no
27 the intent of the General Assembly that the amount so pro- employee of any department or institution shall be paid
28 vided to each agency or institution for employee benefits travel expenses by any other department or institution with-
29 shall be sufficient to pay the employer contribution costs out approval of the agency by which he is regularly em-
30 of that agency. The Budget and Control Board is directed to ployed. The Comptroller General shall report, after June
31 devise a plan for the expenditure of the funds appropriated thirtieth of each year, to the House Ways and Means Commit-
32 for employer contributions and may require transfers of tee and the Senate Finance Committee the names of all em-
33 funds within an agency or institution if it becomes evident ployees receiving dual compensation and the amounts
34 that the employer contribution costs will exceed the funds received.
35 available for that purpose. The provisions of Regulation 19-707.02 and Section 8-5-10
36 129.28. (Dual Employment) Any employee who is approved of the 1976 Code, as amended, shall not apply to employees
37 for dual employment must be paid in a timely manner. The hired for 120 days or less.
38 secondary agency is required to make payment of funds ap- 129.30. (Contracts - Private Individuals) Agencies of
39 proved for and earned under dual employment within forty- the state may contract with private individuals for person-
40 five days of the beginning of the employment. nel services for periods not to exceed twelve months and for
SEC. 129-0007 PAGE 0747
1 amounts of less than $60,000, notwithstanding any other pro- essed until such time as the Budget and Control Board, after
2 vision of law. consultation with the Human Affairs Commission, is satisfied
3 129.31. (Discrimination Policy) It is the policy of the that the agency is making a good faith effort to comply with
4 State of South Carolina to recruit, hire, train, and promote its affirmative action plan, and that the compliance must be
5 employees without discrimination because of race, color, accomplished within a reasonable length of time to be deter-
6 sex, national origin, age, religion or physical disability. mined by the mission and circumstances of the agency. This
7 This policy is to apply to all levels and phases of person- requirement shall not affect additional appropriation re-
8 nel within state government, including but not limited to quests for public assistance payments or aid to entities.
9 recruiting, hiring, compensation, benefits, promotions, This section does not apply to those agencies that have
10 transfers, layoffs, recalls from layoffs, and educational, been exempted from the reporting requirements of the Human
11 social, or recreational programs. It is the policy of the Affairs Commission.
12 State to take affirmative action to remove the disparate ef- 129.32. (RIF, Recall Procedures, Residency Preference)
13 fects of past discrimination, if any, because of race, Notwithstanding any other provision of law, the Budget and
14 color, sex, national origin, age, religion or physical disa- Control Board shall be responsible for coordinating the
15 bility. placement of all state employees who are terminated because
16 Each state agency shall submit to the State Human Affairs of a reduction-in-force resulting from reduced personal ser-
17 Commission employment and filled vacancy data by race and vice funding and shall issue such administrative procedures
18 sex by October 31, of each year. as necessary to carry out the intent of this proviso. When
19 In accordance with Section 1-13-110 of the South Carolina a vacancy occurs in a state agency, or when an agency acts
20 Code of Laws of 1976, as amended, the Human Affairs Commis- to fill a new position as listed and italicized in the Ap-
21 sion shall submit a report on the status of State Agencies' propriation Act, the agency shall implement the recall pro-
22 Affirmative Action Plans and Programs to the General Assem- visions of their reduction-in-force procedure and plan
23 bly by February 1 each year. This report shall contain the concerning its employees who have been terminated as a re-
24 total number of persons employed in each job group, by race sult of a reduction-in-force. State agencies shall give
25 and sex, at the end of the preceding reporting period, a priority consideration to those employees who have been ter-
26 breakdown by race and sex of those hired or promoted from minated from any other state agency as a result of this
27 within the agency during the reporting period, and an indi- reduction-in-force and who were formerly employed in the
28 cation of whether affirmative action goals were achieved. same classification, classification series, or position cat-
29 For each job group referenced in the Human Affairs report, egory as the vacancy or the new position listed in this act.
30 where the hiring of personnel does not reflect the percent- Notwithstanding any other provision of law, when a vacancy
31 age goals established in the agency's affirmative action occurs in a state agency, other than institutions of higher
32 plan for the year in question, the State agency shall submit education, or when an agency acts to fill a new position,
33 a detailed explanation to the Human Affairs Commission by the agency shall give preference to residents of this State,
34 February 15, explaining why goals were not achieved. if the two are equally qualified for the vacancy or new po-
35 The Human Affairs Commission shall review the explanations sition.
36 and notify the Budget and Control Board of any agency not in 129.33. (Temporary Grant Funded Positions)
37 satisfactory compliance with meeting its stated goals. Notwithstanding any other provision of law or this Act,
38 The Budget and Control Board shall notify any agency not state agencies and institutions may, at their discretion,
39 in compliance that their request for additional appropri- hire employees to fill temporary grant positions specified
40 ations for the current appropriation cycle, may not be proc- in federal grants, public charity grants, private foundation
SEC. 129-0008 PAGE 0748
1 grants, and research grants approved or authorized by the 1980 Public Employment Report of the United States Bureau of
2 appropriate state authority in accordance with the following Census. It is further declared to be the intent of the Gen-
3 provisions: eral Assembly to continue to take positive steps to control
4 A. Only those funds authorized within the approved fed- and restrict the number of personnel employed in the future,
5 eral grant, public charity grant, private foundation grant, without unduly hampering the legitimate functions of state
6 or research grant can be used to pay the salaries and/or government.
7 benefits of temporary grant employees hired under this pro- In order to obtain the necessary control over the number
8 vision. of employees, the Budget and Control Board is hereby di-
9 B. Temporary grant positions, employees, and the condi- rected to maintain close supervision over the number of
10 tions of their employment shall be reported in accordance state employees, and to require specifically the following:
11 with provisions developed by the Division of Human Resource 1. That no state agency exceed the total authorized num-
12 Management of the Budget and Control Board. ber of full-time equivalent positions funded from State,
13 C. Positions established under this provision must be Federal, or other sources as provided in each section of
14 limited to and must not exist beyond the duration of the this Act except by majority vote of the Budget and Control
15 grant or any subsequent renewal of it. When the grant or Board after review and comment by the Joint Legislative Com-
16 any subsequent renewal ends, temporary grant employees must mittee on Personal Service Financing and Budgeting. Spe-
17 be terminated and their positions will cease to exist. Tem- cific written confirmation of such majority approval shall
18 porary grant employees will be exempt from the provisions of be forwarded to the Joint Appropriations Review Committee in
19 Sections 8-17-310 through 8-17-380 of the 1976 Code, as the event that any agency is allowed to exceed the number of
20 amended. State agencies and institutions must terminate all positions authorized in this Act.
21 temporary grant positions at any time funding upon which the 2. That the State Budget Division shall maintain and
22 grant is based is terminated or is insufficient to continue make, as necessary, periodic adjustments thereto, an offi-
23 payments under the conditions of the grant. cial record of the total number of authorized full-time
24 D. Temporary grant employees may be eligible for the same equivalent positions by agency categorized by State, Fed-
25 benefits, excluding permanent or probationary employment eral, or other funding sources and shall provide a certified
26 status, available to permanent state employees provided that duplicate of such record to the Joint Legislative Committee
27 such funds are available within the grant. on Personal Service Financing and Budgeting and to the Joint
28 E. Temporary grant employees shall be deemed to be em- Appropriations Review Committee. The State Budget Division
29 ployed at will. The temporary grant employee shall not be shall submit monthly reports to the Joint Legislative Com-
30 entitled to any compensation beyond the date of termination, mittee on Personal Service Financing and Budgeting and the
31 other than for such part of the grant that has been per- Joint Appropriations Review Committee and such reports shall
32 formed. include any changes in the authorized number of full-time
33 F. Discretionary determinations by a state agency or in- equivalent positions, the number of filled and vacant posi-
34 stitution as to whether to hire an employee pursuant to this tions and any other data requested by the committees.
35 proviso are final and not subject to administrative or judi- (a) That within thirty (30) days of the passage of the
36 cial appeal. Appropriation Act or by August 1, whichever comes later,
37 129.34. (Personal Service Reconciliation, 9 Month Vacan- each agency of the State must have established on the Budget
38 cies) The General Assembly expresses its continuing concern and Control Board records all positions authorized in the
39 over the control of the number of personnel employed by the Act. After that date, the Board shall delete any non-
40 State of South Carolina. This concern is evidenced in the established positions immediately from the official record
SEC. 129-0009 PAGE 0749
1 of authorized full-time equivalent positions. No positions positions in any state agency.
2 shall be established by the Board in excess of the number 4. The Budget and Control Board shall annually reconcile
3 authorized in the Board record of authorized full-time personal service funds with full-time employee count to de-
4 equivalent positions. termine unfunded positions which should be eliminated. The
5 (b) By September 30, the Board shall prepare a per- Budget and Control Board must report their findings to the
6 sonal service detail, by agency, which shows each position Senate Finance Committee and the Ways and Means Committee by
7 established for the fiscal year and the amount of funds re- February 1 of the current fiscal year.
8 quired, by source of funds, to support the position for the 5 . That no new permanent positions in state government
9 fiscal year at a funding level of 100% and the Board shall shall be funded by appropriations in acts supplemental to
10 then reconcile each agency's personal service detail with this Act but temporary positions may be so funded.
11 the agency's personal service appropriation as contained in 6 . The provisions of this section shall not apply to
12 the Act adjusted for any pay increases, and any other fac- personnel exempt from the State Classification and Compen-
13 tors necessary to reflect the agency's personal service sation Plan under Item I of Section 8-11-260 of the 1976
14 funding level. The Board shall provide a copy of each agen- Code.
15 cy's personal service reconciliation to the Joint Legisla- The Budget and Control Board, in making their appropri-
16 tive Committee on Personal Service Financing and Budgeting. ation recommendations to the Ways and Means Committee, must
17 (c) Any position which is shown by the reconciliation provide that the level of personal service appropriation re-
18 to be unfunded or significantly underfunded may be deleted commended for each agency is at least 95% of the funds re-
19 at the direction of the Budget and Control Board and the quired to meet 100% of the funds needed for the full-time
20 Joint Legislative Committee on Personal Service Financing equivalents positions recommended by the Board (exclusive of
21 and Budgeting. new positions).
22 (d) Full-time equivalent (FTE) positions shall be de- 129.35. (Allowance for Residences & Compensation Re-
23 termined under the following guidelines: strictions) That salaries paid to officers and employees of
24 1. The annual work hours for each FTE shall be the State, including its several boards, commissions, and
25 the agency's full-time standard annual work hours. institutions shall be in full for all services rendered, and
26 2. The State FTE shall be derived by multiplying no perquisites of office or of employment shall be allowed
27 the state percentage of budgeted funds for each position by in addition thereto, but such perquisites, commodities, ser-
28 the FTE for that position. vices or other benefits shall be charged for at the prevail-
29 3. All institutions of higher education shall use ing local value and without the purpose or effect of
30 a value of 0.75 FTE for each position determined to be full- increasing the compensation of said officer or employee.
31 time faculty with a duration of nine (9) months. The charge for these items may be payroll deducted at the
32 The FTE method of accounting shall be utilized for all au- discretion of the Comptroller General or the chief financial
33 thorized positions. officer at each agency maintaining its own payroll system.
34 3. That the number of positions authorized in this Act This shall not apply to the Governor's Mansion, nor for
35 shall be reduced in the following circumstances: department-owned housing used for recruitment and training
36 (a) Upon request by an agency. of Mental Health Professionals, nor to guards at any of the
37 (b) When anticipated federal funds are not made avail- State's penal institutions and nurses and attendants at the
38 able. Department of Mental Health, and the Department of Mental
39 (c) When the Budget and Control Board, through study Retardation, and registered nurses providing clinical care
40 or analysis, becomes aware of any unjustifiable excess of at the MUSC Medical Center, nor to the Superintendent and
SEC. 129-0010 PAGE 0750
1 staff of John de la Howe School, nor to the cottage parents ball Coach; the Department of Mental Retardation physicians
2 and staff of Wil Lou Gray Opportunity School, nor to full- and other professionals at Whitten Center, Clemson Univer-
3 time or part-time staff who work after regular working hours sity Off-Campus Agricultural Staff and Housing Area Coordi-
4 in the SLED Communications Center or Maintenance Area, nor nators; and University of South Carolina's Manager of Bell
5 to the Directors of John G. Richards Campus, Willow Lane Camp Facility, Housing Maintenance Night Supervisors, Resi-
6 Campus, and the Reception and Evaluation Center at the De- dence Life Directors, temporary and transition employees,
7 partment of Youth Services nor to the Residence Dormitory and emergency medical personnel. Except in the case of
8 Director and the Assistant Residence Director at the Gover- elected officials, the fair market rental value of any resi-
9 nor's School for Science and Mathematics. The Presidents of dence furnished to a State Employee shall be reported by the
10 those State institutions of higher learning authorized to State Agency furnishing the residence to the State Auditor
11 provide on-campus residential facilities for students may be and the Joint Legislative Committee on Personal Service Fi-
12 permitted to occupy residences on the grounds of such insti- nancing and Budgeting by October 1, of each fiscal year.
13 tutions without charge. All salaries paid by departments and institutions shall be
14 Any state institution of higher learning may provide a in accord with a uniform classification and compensation
15 housing allowance to the President in lieu of a residential plan, approved by the Budget and Control Board, applicable
16 facility, the amount to be approved by the Budget and Con- to all personnel of the State Government whose compensation
17 trol Board. is not specifically fixed in this act. Such plan shall in-
18 That the following may be permitted to occupy residences clude all employees regardless of the source of funds from
19 owned by the respective Departments without charge: the which payment for personal service is drawn. Academic per-
20 Commissioner of the Department of Corrections, the State sonnel of the institutions of higher learning and other in-
21 Commissioner of Mental Health, the Farm Director, Farm Man- dividual or group of positions that cannot practically be
22 agers, and Specialists employed at the Wateree River covered by the plan may be excluded therefrom but their com-
23 Correctional Institution, Walden Correctional Institution, pensations as approved by the Division of Human Resource
24 MacDougall Youth Correctional Center, and Givens Youth Management shall, nevertheless, be subject to review by
25 Correctional Center; the S. C. State Commission of Forestry the Budget and Control Board. Salary appropriations for em-
26 fire tower operators, forestry aides, and caretaker at cen- ployees fixed in this Act shall be in full for all services
27 tral headquarters; the S. C. Wildlife and Marine Resources rendered, and no supplements from other sources shall be
28 Department's Game Management Personnel, Fish Hatchery Super- permitted or approved by the State Budget and Control Board.
29 intendents, Lake Superintendent, and Fort Johnson Super- With the exception of travel and subsistence, legislative
30 intendent; the Department of Parks, Recreation and Tourism study committees shall not compensate any person who is oth-
31 field personnel in the State Parks Division; the Agricul- erwise employed as a full-time state employee. Salaries of
32 tural Aide at the Department of Youth Services Farm; Direc- the heads of all agencies of the State Government shall be
33 tor of Wil Lou Gray Opportunity School; President of the specifically fixed in this Act and no salary shall be paid
34 School for the Deaf and Blind; house parents for the Commis- any agency head whose salary is not so fixed. The source of
35 sion for the Blind; Director of the Physical Plant at compensation for any position in the State Government shall
36 Winthrop College and Farm Superintendent at Winthrop Col- not be changed without approval of the Budget and Control
37 lege; S.C. Department of Health and Environmental Control Board. Commuter mileage on non-exempt state vehicles shall
38 personnel at the State Park Health Facility and Camp Burnt be considered as income and reported by the Comptroller Gen-
39 Gin; Assistant Director of Residence Life and a student eral in accordance with IRS regulations. State agencies and
40 counselor at Lander College; Clemson University's Head Foot- institutions shall be allowed to spend public funds on em-
SEC. 129-0011 PAGE 0751
1 ployee plaques, certificates, and other similar recognition ment of Youth Services, Department of Corrections, Pro-
2 events, up to the limit of $50 for each individual, provided bation, Parole and Pardon Services, Department of Mental
3 that no such award is monetary, and that total expenditures Health, Department of Mental Retardation and School for the
4 of public funds for such awards by each state agency or in- Deaf and and Blind may replace the personal property of an
5 stitution do not exceed $1,000 per every 1,000 employees . employee which has been damaged or destroyed by a client
6 129.36. (MUSC Hospital Services Rates) The Board of the while in custody of the agency. The replacement of personal
7 Medical University of South Carolina shall provide hospital property may be made only if the loss has resulted from
8 services to state employees and officials of state govern- actions by the employee deemed to be appropriate and in the
9 ment at a rate not to exceed the payment rates to hospitals line of duty by the agency head and if the damaged or de-
10 provided by the employee's insurance program(s) . Private stroyed item is found by the agency head to be reasonable in
11 physician fees, psychiatry, and all dental are not in- value, and necessary for the employee to carry out the func-
12 cluded. tions and duties of his employment. Replacement of damaged
13 129.37. (Health Programs for Agency Heads - MUSC, USC) or destroyed items shall not exceed $250 per item, per inci-
14 The Medical University of South Carolina and the School of dent. Each agency must have guidelines to insure the rea-
15 Medicine of the University of South Carolina shall develop sonableness of the replacement payments.
16 health programs for agency heads. The programs shall be 129.40. (Law Enforcement Officer - Retiree Weapon Pur-
17 submitted to the Budget and Control Board for approval, af- chase) All state employees, who are commissioned law
18 ter which the Board may authorize the agency or institution enforcement officers upon retirement, if vested, may pur-
19 to pay, on behalf of the agency head, one-half of the cost, chase their assigned weapon at a nominal fee.
20 provided that the amount to be paid by the agency shall not 129.41. (Agency Head Business Expense Reimbursement)
21 exceed $250. Where the agency or institution is located in Agency heads may receive reimbursements for business ex-
22 an area other than Columbia or Charleston, the Budget and penses incurred while performing their official duties, pro-
23 Control Board may approve an alternate health plan for the vided that receipts are presented when seeking reimbursement
24 agency head and may authorize payment by the agency which is and justification is submitted to document the time, place,
25 consistent with payments to the Medical University or the and purpose of the expense as well as the names of the indi-
26 University of South Carolina. viduals involved. The Budget and Control Board shall
27 129.38. (University & Colleges - Allowance for Presi- promulgate regulations governing these expenses.
28 dents) Presidents of the University of South Carolina, 129.42. (Per Diem) The per diem allowance of all boards,
29 Clemson University, the Medical University of South commissions and committees shall be at the rate of Thirty-
30 Carolina, The Citadel, Winthrop College, South Carolina five ($35) Dollars per day. No full-time officer or em-
31 State College, Francis Marion College, College of ployee of the State shall draw any per diem allowance for
32 Charleston, and Lander College must not be paid a fixed al- service on such boards, commissions or committees.
33 lowance for personal expenses incurred in connection with 129.43. (Travel - Spouse of Governor & Lt. Governor)
34 the performance of their official duties. Reimbursements Notwithstanding any other provision of law, the spouses of
35 may be made to the Presidents from funds available to their the Governor and the Lieutenant Governor of the State are
36 respective institutions for any personal expenses incurred authorized to receive reimbursement of actual expenses when
37 provided that all requests for reimbursement are supported accompanying the Governor or the Lieutenant Governor on of-
38 by properly documented vouchers processed through the normal ficial state business.
39 accounting procedures of the institutions. 129.44. (Travel - Subsistence Expenses) Travel and
40 129.39. (Replacement of Personal Property) The Depart- subsistence expenses, whether paid from State appropriated,
SEC. 129-0012 PAGE 0752
1 Federal, local or other funds, shall be allowed in accord- who are not employees of the State of South Carolina shall
2 ance with the following provisions: be allowed subsistence expenses of $35 per day while travel-
3 A. Unless otherwise provided in paragraphs B through H of ing on official business. Members of such committees may
4 this section, all employees of the State of South Carolina opt to receive actual expenses incurred for lodging and ac-
5 or any agency thereof including employees and members of the tual expenses incurred in the obtaining of meals in lieu of
6 governing bodies of each technical education center while the allowable subsistence expense.
7 traveling on the business of the State shall, upon presenta- E. Members of the State Boards, Commissions, or Commit-
8 tion of a paid receipt, be allowed reimbursement for actual tees whose duties are not full-time and who are paid on a
9 expenses incurred for lodging. Agencies may contract with per diem basis, shall be allowed reimbursement for actual
10 lodging facilities to pay on behalf of an employee. Failure expenses incurred at the rates provided in Paragraph A and I
11 to maintain proper control of direct payments for lodging of this Section while away from their places of residence on
12 may result in the revocation of the agency's authority by official business of the State. One person accompanying a
13 the Comptroller General or the State Auditor. The employee handicapped member of a State Board, Commission, or Commit-
14 shall also be reimbursed for the actual expenses incurred in tee on official business of the State shall be allowed the
15 the obtaining of meals except that such costs shall not ex- same reimbursement for actual expenses incurred at the rates
16 ceed ($20) per day within the State of South Carolina. For provided in Paragraph A through I of this Section.
17 travel outside of South Carolina the maximum daily re- F. No subsistence reimbursement shall be allowed to a
18 imbursement for meals shall not exceed ($32). Agencies may Justice of the Supreme Court or Judge of the Court of Ap-
19 contract with food or dining facilities to pay for meals on peals while traveling in the county of his official resi-
20 behalf of employees in accordance with rules and regulations dence. When traveling on official business of said court
21 established by the Budget and Control Board. It shall be within 40 miles outside the county of his official resi-
22 the responsibility of the agency head to monitor the charges dence, a Supreme Court Justice and a Judge of the Court of
23 for lodging which might be claimed by his employees in order Appeals shall be allowed subsistence expenses in the amount
24 to determine that such charges are reasonable, taking into of $35 per day plus such mileage allowance for travel as is
25 consideration location, purpose of travel or other extenuat- provided for other employees of the State. When traveling
26 ing circumstances. The provisions of this item shall not on official business of said Court 40 or more miles outside
27 apply to Section 42-3-40 of the 1976 Code. the county of his official residence, each Justice and Judge
28 B. That employees of the State, when traveling outside of the Court of Appeals shall be allowed subsistence ex-
29 the United States, Canada, and Puerto Rico upon promotional penses in the amount as provided in this Act for members of
30 business for the State of South Carolina shall be entitled the General Assembly plus such mileage allowance for travel
31 to actual expenses for both food and lodging. as is provided for other employees of the State. The Chief
32 C. The Governor, Lieutenant Governor, Secretary of State, Justice, or such other person as he designates, while at-
33 Comptroller General, Attorney General, State Treasurer, Ad- tending the Conference of Chief Justices and one member of
34 jutant General, Superintendent of Education and the Commis- the Supreme Court while attending the National Convention of
35 sioner of Agriculture shall be reimbursed actual expenses Appellate Court Judges, and three Circuit Judges while at-
36 for subsistence. tending the National Convention of State Trial Judges shall
37 D. Non-legislative members of committees appointed pursu- be allowed actual subsistence and travel expenses.
38 ant to Acts and Resolutions of the General Assembly whose Upon approval of the Chief Justice, Supreme Court Jus-
39 membership consists solely of members of the General Assem- tices, Judges of the Court of Appeals, Circuit Judges, and
40 bly or members of the General Assembly and other personnel Family Court Judges shall be reimbursed for actual expenses
SEC. 129-0013 PAGE 0753
1 incurred for all other official business requiring out-of- ers' Compensation Commission, Public Service Commission or
2 state expenses at the rate provided in paragraph A of this the Employment Security Commission shall be allowed
3 section. subsistence expenses in the amount of $35 per day. When
4 G. No subsistence reimbursements are allowed to a Circuit traveling on official business of the Commission 50 or more
5 Judge or a Family Court Judge while holding court within the miles outside the county of his official residence, each
6 county in which he resides. While holding court or on other member shall be allowed a subsistence expense in the amount
7 official business outside the county, but within the circuit of $50 per day.
8 in which he resides and within fifty miles of his residence, J. When an employee of the State shall use his or her
9 a Circuit Court Judge or Family Court Judge is entitled to a personal automobile in traveling on necessary official busi-
10 subsistence allowance in the amount of $35 per day. While ness, a charge of 25.5 cents per mile will be allowed for
11 holding court or on other official business within his cir- the use of such automobile and the employee shall bear the
12 cuit at a location fifty miles or more from his residence or expense of supplies and upkeep thereof. Whenever State-
13 without his circuit, a Circuit Court or Family Court Judge provided motor pool vehicles are reasonably available and
14 is entitled to a subsistence allowance in the amount as pro- their use is practical and an employee of the State shall
15 vided in this Act for members of the General Assembly. request for his own benefit to use his or her personal vehi-
16 H. Any retired Justice, Circuit Court Judge or Family cle in traveling on necessary official business, a charge of
17 Court Judge or Master-in-Equity appointed by the Supreme 21.5 cents per mile will be allocated for the use of such
18 Court to serve as a Special Circuit Judge, Family Court vehicle and the employee shall bear the expense of supplies
19 Judge, Appeals Court Judge, or Acting Associate Justice and upkeep thereof. When such travel is by a State-owned
20 shall serve without pay but shall receive the same allowance automobile, the State shall bear the expense of supplies and
21 for subsistence, expenses, and mileage as provided in Part I upkeep thereof but no mileage will be allowed. Agencies and
22 for Circuit Court Judges. employees are directed to use State fueling facilities to
23 I. No expense shall be allowed an employee either at his the maximum extent possible, when such use is cost-
24 place of residence or at the official headquarters of the beneficial to the State. When using commercial fueling fa-
25 agency by which he is employed except as provided in para- cilities, operators of State-owned vehicles are directed to
26 graph E, of this section. When an employee is assigned to use self-service pumps. In traveling on the business of the
27 work a particular territory or district, and such territory State, employees are required to use the most economical
28 or district and his official headquarters are in different mode of transportation, due consideration being given to ur-
29 localities or sections of the State, expenses may be allowed gency, schedules and like factors.
30 for the necessary travel to his official headquarters. The Mileage between an employee's home and his/her place of
31 members of the Workers' Compensation Commission, Public Ser- employment is not subject to reimbursement. However, when
32 vice Commission and the Employment Security Commission may an employee leaves on a business trip directly from his/her
33 be reimbursed at the regular mileage rate of one round trip home, and does not go by the employee's headquarters, the
34 each week from their respective homes to Columbia. No employee shall be eligible for reimbursement for actual
35 subsistence reimbursement shall be allowed to a member of mileage beginning at his/her residence.
36 the Workers' Compensation Commission, Public Service Commis- K. That a State agency may advance travel and subsistence
37 sion or the Employment Security Commission while traveling expense monies to employees of that agency for the financing
38 in the county of his official residence. When traveling on of ordinary and necessary travel required in the conducting
39 official business of the Commission within 50 miles outside of the business of the agency. The Budget and Control Board
40 the county of his official residence, a member of the Work- is directed to develop and publish rules and regulations
SEC. 129-0014 PAGE 0754
1 pertaining to the advancing of travel expenses and no State space in State-controlled office buildings. The amount
2 agency shall make such advances except under the rules and charged each department or agency shall be calculated on a
3 regulations as published. All advances for travel and square foot, or other equitable basis of measurement, and at
4 subsistence monies shall be repaid to the agency within such rates as will yield sufficient total annual revenue to
5 thirty (30) days after the end of the trip or by the end of cover, unless the Budget and Control Board determines other-
6 the fiscal year, whichever comes first. wise, in priority order, both (1) the annual principal and
7 L. That the State institutions of higher learning are au- interest due on the Capital Improvement Obligations author-
8 thorized to reimburse reasonable relocation expenses for new ized by Act No. 829 of the 1964 Acts, Act No. 1273 of the
9 employees when such reimbursements are considered by the 1970 Acts and Act No. 508 of the 1971 Acts and Act No. 1377
10 agency head to be essential to successful recruitment of of the 1968 Acts as amended for projects administered by the
11 professionally competent staff members. Division of General Services and (2) maintenance and opera-
12 M. The State Budget and Control Board is authorized to tion costs of State-controlled office buildings in the City
13 promulgate and publish rules and regulations governing of Columbia. The amount so collected which is applicable to
14 travel and subsistence payments. the payment of principal and interest due on obligations au-
15 129.45. (Asbestos Litigation Funds) All funds involved thorized by Act 1377 of the 1968 Acts as amended shall be
16 in the settlement of asbestos litigation cases, with the ex- paid into the State's General Fund to apply on debt service
17 ception of those funds involving the University of South appropriations under the Section 119 of this Act.
18 Carolina system and Clemson University, must be deposited Subsection (b). All departments and agencies against
19 into an interest bearing account in the State Treasurer's which rental charges are assessed and whose operations are
20 Office entitled "Asbestos Expense Trust Account". The Uni- financed in whole or in part by Federal and/or other non-
21 versity of South Carolina system and Clemson University must appropriated funds are directed to apportion the payment of
22 deposit all funds involved in the settlement of asbestos such charges equitably among all such funds, so that each
23 litigation into separate institutional interest bearing ac- shall bear its proportionate share. All appropriations in
24 counts entitled "Asbestos Expense Trust Account", with each this Act applicable to the rental of space in State-
25 institution's name appropriately captioned in their respec- controlled buildings (exclusive of the Department of High-
26 tive accounts, to be maintained in the State Treasurer's Of- ways and Public Transportation), shall be available only for
27 fice. These accounts shall only be used for expenses payment of that portion of rental charges applicable to
28 relating to asbestos litigation, asbestos abatement, or State-appropriated operations.
29 other asbestos related expenses or projects. Such projects Subsection (c). Rental collections shall be deposited by
30 must be approved by the Budget and Control Board after re- the Budget and Control Board in the State Treasury in a spe-
31 view by the Joint Bond Review Committee. cial account and shall be expended only for (1) payment of
32 129.46. (State Port Authority Funds - Rent) Any funds principal and interest due on the obligations referred to in
33 derived by the State Port Authority from the rental, lease Subsection (a) above and (2) maintenance and operations
34 or sale of any of its facilities shall be expended for the costs of the buildings referred to in Subsection (a) above.
35 benefit of the particular Port where such facilities are lo- 129.48. (Annual Report - Efficiency & Effectiveness Meas-
36 cated. ures) Each agency of state government shall include in
37 129.47. (Rental Charges, Collections - State Offices) their annual report to the General Assembly a listing of
38 Subsection (a). The Budget and Control Board is hereby di- agency programs in order of priority importance to the
39 rected to assess and collect a rental charge from all de- mission of the agency. The reports shall further contain
40 partments and agencies of the State Government occupying efficiency and effectiveness measures regarding the perform-
SEC. 129-0015 PAGE 0755
1 ance of each agency program, including measures which com- to the Joint Appropriations Review Committee to comply with
2 pare actual performance for the fiscal year being reported provisions of the Omnibus Budget Reconciliation Act of 1981.
3 to the actual performance of the previous fiscal year. The 129.51. (Information Technology - Report of Requested In-
4 Budget and Control Board shall develop uniform criteria for creases) The Budget and Control Board, through the Informa-
5 the efficiency and effectiveness measures to be included in tion Technology Planning Process of the Division of Research
6 the report. Each agency is further required to include the and Statistical Services, is authorized and directed to
7 following conference information in the annual report: a identify all expenditures and requested increases for infor-
8 list of all conferences organized by the agency's employees; mation technology for Agencies, Institutions or Departments,
9 the purpose of each conference; the dates and location of with the exception of colleges and universities, compile the
10 each conference; the number of employees from each state request into one report, evaluate and place priorities on
11 agency attending each conference and the total cost of each each request, and recommend funding levels. No agency shall
12 conference. commit to expend more funds for information technology than
13 129.49. (Organizations Receiving State Appropriations Re- allocated to the agency for the purpose without first re-
14 port) Each organization receiving a contribution in this ceiving an approved transfer of such funds from other budget
15 Act shall render to the state agency making the contribution items.
16 by November 1 of the fiscal year in which funds are re- 129.52. (Lump Sum Agencies Expenditure Report) Beginning
17 ceived, an accounting of how the State funds will be spent, July 1, 1991, all lump-sum agencies shall prepare quarterly
18 a copy of the adopted budget for the current year, and also their fiscal year-to-date expenditures in a format in which
19 a copy of the organization's most recent operating financial their expenditures can be compared to the appropriations
20 statement. The funds appropriated in this Act for contrib- contained in this act. These reports are due 30 days after
21 utions shall not be expended until the required financial the end of each quarter and shall be submitted to the Budget
22 statements are filed with the appropriate state agency. No Division of the Budget & Control Board, Ways and Means Com-
23 funds in this Act shall be disbursed to organizations or mittee and Senate Finance Committee.
24 purposes which practice discrimination against persons by 129.53. (Printing Costs Disclosure on State Publications)
25 virtue of race, creed, color or national origin. The State All agencies using appropriated funds shall print on the
26 Auditor shall review and audit, if necessary, the financial last page of all bound publications the following informa-
27 structure and activities of each organization receiving con- tion:
28 tributions in this Act and make a report to the General As- (1) Total Printing Cost
29 sembly of such review and/or audit, when requested to do so (2) Total Number of Documents Printed
30 by the Budget and Control Board. (3) Cost Per Unit
31 129.50. (Federal Block Grant Audit Report) The Legisla- The President Pro Tempore of the Senate, the Speaker of
32 tive Audit Council, the State Auditor, the House Ways and the House, Legislative Printing and Information Technology
33 Means Committee, the State Reorganization Commission and the Resource, the Presidents of each institution of higher edu-
34 Senate Finance Committee shall be furnished a copy of each cation, and the State Board for Technical and Comprehensive
35 audit report issued by a Federal Audit Agency within fifteen Education may exempt from this requirement, documents pub-
36 days from the date of receipt by the State Agency. The lished by their respective agencies.
37 State Auditor shall periodically furnish a list of such re- Publications of public relations nature, produced by
38 ports to each member of the General Assembly and to the Parks, Recreation and Tourism, and the State Development
39 Joint Appropriations Review Committee. The State Auditor Board are exempt from this requirement.
40 will provide a copy of each Federal Block Grant Audit Report 129.54. (Cost Study - Post Office Zip Plus Four) All
SEC. 129-0016 PAGE 0756
1 agencies are directed to assist the U. S. Post Office in a transportation to the Governor, Constitutional Officers,
2 cost study of the savings which may be realized through the members of the General Assembly, members of state boards,
3 use of the zip plus four system. commissions, and agencies and their invitees for official
4 129.55. (PORS Retirees Salary $10,500 Limit) business only; no member of the General Assembly, no member
5 Notwithstanding the provisions of subsections (1) and (2) of of a state board, commission or committee, and no state of-
6 Section 9-11-90, a retired member of the System may return ficial shall use any aircraft of the Aeronautics Commission
7 to employment covered by the System and earn up to ten thou- unless the member or official files within forty-eight hours
8 sand five hundred dollars a fiscal year without affecting after the time of departure of the flight with the Aeronau-
9 the monthly retirement allowance he is receiving from the tics Commission a sworn statement certifying and describing
10 System. If the retired member continues in service after the official nature of his trip; and no member of the Gen-
11 having earned ten thousand five hundred dollars in a fiscal eral Assembly, no member of a state board, commission or
12 year, his retirement allowance must be discontinued during committee, and no state official shall be furnished air
13 the period of service in the remainder of the fiscal year. transportation by a state agency other than the Aeronautics
14 If the employment continues for at least forty-eight consec- Commission unless such agency prepares and maintains in its
15 utive months, the provisions of Section 9-1-1590 apply. The files a sworn statement from an appropriate official of the
16 provisions of this section do not apply to an employee or agency certifying that the member's or state official's trip
17 member of the System who has retired mandatorily because of was in conjunction with the official business of the agency.
18 age pursuant to Section 9-1-1530. Official business shall not include routine transportation
19 129.56. (SCRS Retirees Salary $10,500 Limit) to and from meetings of the General Assembly or committee
20 Notwithstanding) any other provision of law, a retired mem- meetings for which mileage is authorized.
21 ber of the System may return to employment covered by the All logs shall be signed by the parties using the flight
22 System and earn up to ten thousand five hundred dollars a and the signatures shall be maintained as part of the perma-
23 fiscal year without affecting the monthly retirement allow- nent record of any agency. All passengers shall be listed
24 ance he is receiving from the System. If the retired member on the flight log by their legal name; passengers flying
25 continues in service after having earned ten thousand five with an appropriate official of SLED or the State Develop-
26 hundred dollars in a fiscal year, his retirement allowance ment Board whose confidentiality must, in the opinion of
27 must be discontinued during his period of service in the re- SLED or the Board, be protected shall be listed in writing
28 mainder of the fiscal year. If the employment continues for on the flight log as "Confidential Passenger of SLED or
29 at least forty-eight consecutive months, the provisions of State Development Board (strike one)" and the appropriate
30 Section 9-1-1590 apply. The provisions of this section do official of SLED or the Board shall certify to the agency
31 not apply to an employee or member of the System who has re- operating the aircraft the necessity for such
32 tired mandatorily because of age pursuant to Section confidentiality.
33 9-1-1530. Violation of the above provisions of this section is prima
34 129.57. (State Owned Aircrafts - Maintenance Logs) Each facie evidence of a violation of Section 8-13-410(1) of the
35 agency having in its custody one or more aircraft shall 1976 Code and shall subject a violating member of the Gen-
36 maintain a continuing log on all flights, which shall be eral Assembly to the ethics procedure of his appropriate
37 open for public inspection. Any and all aircraft owned or house and shall subject a violating member of a state board,
38 operated by agencies of the State Government shall be used commission or committee, or a state official to the applica-
39 only for official business. The Aeronautics Commission and ble ethics procedure relating to them as provided by law.
40 other agencies owning and operating aircraft may furnish The above provisions do not apply to aircraft of the Aer-
SEC. 129-0017 PAGE 0757
1 onautics Commission when used by the Medical University of those resulting from the implementation of biennial licens-
2 South Carolina, nor to aircraft of the athletic department ing by the Department. The timing of this transfer(s) shall
3 or the educational foundations of any state-supported insti- be determined by the State Treasurer.
4 tution of higher education. 130.1. Unless specifically authorized herein, the appro-
5 Aircraft owned by agencies of state government shall not priations provided in Part I of this Act as ordinary ex-
6 be leased to individuals for their personal use. penses of the State Government shall lapse on July 31,
7 129.58. (Aircraft - Purchased, Leased, Leased-Purchased) 1993 . State agencies are required to submit all current
8 No aircraft will be purchased or leased or leased-purchased fiscal year input documents to the Comptroller General's Of-
9 for more than a 30 day period for any state agency without fice by July 20, 1993 . Appropriations for Permanent Im-
10 the authorization of the State Budget and Control Board and provements, now outstanding or hereafter provided, shall
11 the Joint Bond Review Committee. lapse at the end of the second fiscal year in which such ap-
12 129.59. (Confiscated Air or Water Craft) Notwithstanding propriations were provided, unless definite commitments
13 any other provision of law, any aircraft and watercraft con- shall have been made, with the approval of the State Budget
14 fiscated or seized under the provisions of Act 185 of 1979 and Control Board and Joint Bond Review Committee, toward
15 may be used by a governmental agency, at the discretion and the accomplishment of the purposes for which the appropri-
16 approval of the Budget and Control Board. ations were provided. Appropriations for other specific
17 129.60. TABLED (Hazardous Waste Fees) purposes aside from ordinary operating expenses, now out-
18 129.61. TABLED (Low-Level Radioactive Waste) standing or hereafter provided, shall lapse at the end of
19 129.62. DELETED (Auxiliary Enterprise Investment the second fiscal year in which such appropriations were
20 Earnings) provided, unless definite commitments shall have been made,
21 129.63. (Biennial Licensing) Notwithstanding any pro- with the approval of the State Budget and Control Board, to-
22 vision of law, the State Treasurer is directed to transfer ward the accomplishment of the purposes for which the appro-
23 $23,000,000 from the Highway and Public Transportation Fund priations were provided.
24 to the State General Fund. The funds to be transferred are End of Part I