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COMMITTEE REPORT
April 23, 2009
H. 3841
Introduced by Reps. Owens, Cooper, Skelton, Sottile, J.M. Neal, R.L. Brown, Simrill, Battle, Govan, Barfield, Gullick, Stavrinakis, Hutto, Jefferson, Umphlett, Daning, Kirsh, Knight, Williams, Merrill, Weeks, Whipper, Mack, G.M. Smith, Lowe, Clemmons, Gilliard, Sellers, Erickson, Willis, Wylie and Mitchell
S. Printed 4/23/09--H. [SEC 4/28/09 1:40 PM]
Read the first time April 1, 2009.
To whom was referred a Bill (H. 3841) to amend the Code of Laws of South Carolina, 1976, by enacting the "Technical College Administrative Efficiencies Act of 2009" so as to require the State Board for Technical, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, beginning on page 4, by deleting SECTIONS 3, 4, 5, 6, and 7 in their entirety and inserting appropriately numbered SECTIONS to read:
/ SECTION __. Section 1-11-65(A) of the 1976 Code is amended by adding a new paragraph at the end to read:
"The provisions of this section do not apply to a real property transaction made for or by a technical college of this state which is included in the college's master land acquisition plan and is approved by the State Board for Technical and Comprehensive Education."
SECTION __. Section 2-47-50 of the 1976 Code, as last amended by Act 143 of 2005, is further amended by adding a new subsection at the end to read:
"( )(1) Notwithstanding the above provisions of this section, the State Board for Technical and Comprehensive Education, after review by the staffs of the Joint Bond Review Committee and the State Budget and Control Board, shall approve the architectural and engineering phase for permanent improvement projects before a technical college may advertise and interview for project architectural and engineering services. The architectural and engineering contract may be awarded before a state project number has been assigned for the permanent improvement project.
(2) The state board shall approve a proposed revision of the scope or of the budget of an established permanent improvement project with an increase of not more than twenty percent of the initially approved total costs and not exceeding two million dollars with regard to budget changes for previously approved projects. Once approved by Joint Bond Committee staff, this increase in budget does not have to be reviewed by the Joint Bond Review Committee. After the state board approves an increase to a proposal, the state board shall inform the Joint Bond Review Committee of its actions.
(3) For purposes of this chapter, with regard to technical colleges, permanent improvement project means a project whose costs after completion of architectural and engineering and other types of planning and design work total one million dollars or more and may include:
(a) acquisition of land;
(b) acquisition of existing buildings and other structures;
(c) construction of additional facilities and work on existing facilities for a project including renovation, repair, maintenance, alteration, or demolition;
(d) capital lease purchase of a facility acquisition or construction; or
(e) equipment that either becomes a permanent fixture of a facility or does not become permanent, but is included in the construction contract.
For purposes of this subsection, a project of technical colleges which involves new construction of a facility that exceeds a total cost of five hundred thousand dollars, after completion of architectural and engineering and other types of planning and design work, must be considered a permanent improvement project.
A permanent improvement project that meets the definition provided in this subsection must become a project, regardless of the source of funds. This provision does not apply to projects that are funded in whole or in part by capital improvement bond funds, capital reserve funds or state-appropriated funds, state institution bond funds, or state infrastructure bonds funded by the General Assembly for capital improvements, regardless of amount.
Notwithstanding item 3 of this subsection, acquisition of land and of buildings and other structures, regardless of cost, must obtain approval of the Office of State Budget, including a Phase I environmental study and appraisal, and all permanent improvement projects costing one million dollars or more."
SECTION __. Section 2-65-30 of the 1976 Code is amended to read:
"Section 2-65-30. (A) A state agency may receive and spend unanticipated federal funds, and funds from private foundations or industries, which are not included in the appropriations act, but state agencies, excluding technical colleges as approved by the State Board for Technical and Comprehensive Education, must submit expenditure proposals to the board and receive authorization from the board before expenditure of funds. No An authorization may not be made without first securing and considering the board's recommendation on each expenditure proposal. Any such An authorization is subject to all of the following standards:
(1) The unanticipated nature of the project precluded it from consideration and approval as part of the state appropriations process as described in Section 2-65-20.
(2) The project assists the applicant state agency to achieve objectives or goals in keeping with the recognized powers and functions of the state agency.
(3) The applicant state agency is the appropriate entity to conduct project activities and no duplication of services is not created by the authorization.
(4) State matching funds, if required, are available within the existing resources of the applicant state agency.
(5) The project benefits the health or welfare of the people of the State.
(B) Notwithstanding any other provisions of this chapter, no an authorization of unanticipated federal or private foundation or industry funds may not involve a commitment of future legislative enactment to provide additional state funds to support the project.
(C) The board shall provide the House Ways and Means Committee and the Senate Finance Committee with periodic reports which that describe actions taken under the provisions of this section.
(D) Notwithstanding any other provisions of this chapter, a state agency may not implement an unanticipated major federal program without prior approval of the General Assembly, except:
(1) that to the extent that the unanticipated program replaces existing services currently provided by a state agency, other governmental entity, private nonprofit organization, or other service provider, the services may be authorized by the board to continue at an equivalent level, within the constraints of federal law and funding, until the General Assembly acts;
(2) if the unanticipated program creates services not currently provided, and the board agrees that delayed implementation would result in a significant loss of federal funds to the State, the program may be authorized by the board to proceed at a minimal level, until such time as the General Assembly may act.
(E) The State Board for Technical and Comprehensive Education shall monitor all federal funds within the technical college system to ensure federal funds do not exceed the established authority." /
Amend the bill, further, by adding appropriately numbered SECTIONS to read:
/ SECTION __. Section 59-101-620 of the 1976 Code is amended to read:
"Section 59-101-620. (A) A public institution of higher learning may offer educational fee waivers to no more than four percent of the undergraduate student body.
(B) Notwithstanding the provisions of subsection (A), a technical college may offer educational fee waivers to not more than six percent of its student body. Fee waivers above four percent of the student body must be used for in-state students. For purposes of this subsection, 'in-state student' is defined by Section 59-112-20(A).
(C) State-supported institutions of higher learning, including technical colleges, shall report annually to the Commission on Higher Education the number of waivers granted during the fiscal year and other information the commission may require."
SECTION __. Chapter 11, Title 1 of the 1976 Code is amended by adding:
"Section 1-11-57. Notwithstanding Sections 1-11-55 and 1-11-56, a technical college may enter into one or more lease agreements that total up to seventy-five thousand dollars annually for each property or facility, subject to the approval of the State Board for Technical and Comprehensive Education. The state board must ensure compliance with applicable state law and regulation. Lease agreements are subject to the review of the Joint Bond Review Committee and the State Budget and Control Board. /
Renumber sections to conform.
Amend title to conform.
PHILLIP D. OWENS for Committee.
EXPLANATION OF IMPACT:
The State Board for Technical and Comprehensive Education and the State Budget and Control Board indicate that this bill would have no impact on the General Fund of the State or on federal and/or other funds.
Approved By:
Harry Bell
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "TECHNICAL COLLEGE ADMINISTRATIVE EFFICIENCIES ACT OF 2009" SO AS TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO ESTABLISH A TIERED SYSTEM FOR CATEGORIZING TECHNICAL COLLEGES WITH RESPECT TO THEIR FINANCIAL STRENGTH AND ABILITY TO MANAGE DAY-TO-DAY OPERATIONS AND A REVIEW SYSTEM FOR CERTAIN HUMAN RESOURCES, FACILITIES AND CAPITAL IMPROVEMENT, PROCUREMENT, AND GRANTS MANAGEMENT REQUESTS BY TECHNICAL COLLEGES; BY ADDING SECTION 2-47-70 SO AS TO ALLOW TECHNICAL COLLEGES TO ENTER INTO ONE OR MORE LEASE AGREEMENTS UPON CERTAIN CONDITIONS AND SUBJECT TO APPROVAL BY THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AND REVIEW BY THE JOINT BOND REVIEW COMMITTEE AND THE STATE BUDGET AND CONTROL BOARD; BY ADDING SECTION 6-1-137 SO AS TO ALLOW TECHNICAL COLLEGES TO BE A PART OF CERTAIN CONTRACTS MADE BY COUNTIES, MUNICIPALITIES, OR SCHOOL DISTRICTS; TO AMEND SECTION 1-11-65, RELATING TO APPROVAL AND RECORDATION OF REAL PROPERTY TRANSACTIONS INVOLVING GOVERNMENTAL BODIES, SO AS TO EXCLUDE CERTAIN REAL PROPERTY TRANSACTIONS MADE FOR OR BY A TECHNICAL COLLEGE; TO AMEND SECTION 2-47-50, AS AMENDED, RELATING TO THE ESTABLISHMENT OF PERMANENT IMPROVEMENT PROJECTS BY THE STATE BUDGET AND CONTROL BOARD, SO AS TO PROVIDE FOR THE ESTABLISHMENT AND AUTHORIZATION OF CERTAIN PERMANENT IMPROVEMENT PROJECTS BY THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION UNDER CERTAIN CONDITIONS, TO PROVIDE THAT A TECHNICAL COLLEGE MAY NOT ADVERTISE AND INTERVIEW FOR PROJECT ARCHITECTURAL AND ENGINEERING SERVICES WITHOUT PRIOR APPROVAL OF THE ARCHITECTURAL AND ENGINEERING PHASE OF A PERMANENT IMPROVEMENT PROJECT BY THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, AND TO PROVIDE FOR THE APPROVAL OF SCOPE AND BUDGET CHANGES FOR PREVIOUSLY APPROVED PROJECTS UP TO AN INCREASE OF TWENTY PERCENT OR TOTALING UP TO TWO MILLION DOLLARS BY THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AND FOR THE PUBLICATION OF SUCH APPROVAL TO THE JOINT BOND REVIEW COMMITTEE; TO AMEND SECTION 2-65-30, RELATING TO RECEIPT AND EXPENDITURE OF UNANTICIPATED FUNDS, SO AS TO EXCLUDE TECHNICAL COLLEGES FROM STATE BUDGET AND CONTROL BOARD REVIEW OF EXPENDITURE PROPOSALS, AND TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO MONITOR FEDERAL FUNDS WITHIN THE TECHNICAL COLLEGE SYSTEM; TO AMEND SECTION 8-11-35, RELATING TO SALARY PAYMENT SCHEDULES, SO AS TO PROVIDE THAT THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION MAY APPROVE ALTERNATIVE SALARY PAYMENT SCHEDULES FOR TECHNICAL COLLEGE EMPLOYEES; TO AMEND SECTION 8-11-230, RELATING TO THE CREATION AND DUTIES OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO COORDINATE WITH THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION IN ESTABLISHING A CLASSIFICATION AND COMPENSATION PLAN FOR TECHNICAL COLLEGE CLASSIFIED EMPLOYEES, AND TO PROVIDE WHAT THE PLAN MUST INCLUDE; TO AMEND SECTION 11-35-1210, AS AMENDED, RELATING TO CERTIFICATION OF PROCUREMENTS, SO AS TO ALLOW FOR STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION APPROVAL FOR UP TO FIFTY THOUSAND DOLLARS IN ADDITIONAL PROCUREMENT AUTHORITY UPON CERTAIN CONDITIONS, AND TO PROVIDE REPORTING REQUIREMENTS; TO AMEND SECTION 11-35-1550, AS AMENDED, RELATING TO BID PROCEDURES ON PROCUREMENTS UP TO FIFTY THOUSAND DOLLARS, SO AS TO REVISE AMOUNTS TO WHICH CERTAIN PROVISIONS OF THE SECTION APPLY FOR TECHNICAL COLLEGES; TO AMEND SECTION 11-35-3230, AS AMENDED, RELATING TO AN EXCEPTION FOR SMALL ARCHITECT-ENGINEER AND LAND SURVEYING SERVICES CONTRACT, SO AS TO REVISE DOLLAR AMOUNTS FOR SUCH CONTRACTS BY TECHNICAL COLLEGES; TO AMEND SECTION 11-35-3310, AS AMENDED, RELATING TO INDEFINITE DELIVERY CONTRACTS FOR CONSTRUCTION ITEMS, SO AS TO REVISE DOLLAR LIMITS FOR CERTAIN CONTRACTS FOR TECHNICAL COLLEGES; AND TO AMEND SECTION 11-35-3810, AS AMENDED, RELATING TO REGULATIONS FOR THE SALE, LEASE, TRANSFER, AND DISPOSAL OF SURPLUS PROPERTY, SO AS TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO ESTABLISH POLICIES AND PROCEDURES FOR GOVERNING THE DISPOSAL OF SURPLUS PROPERTY, AND TO PROVIDE FOR ANNUAL REVIEW AND MONITORING OF SUCH DISPOSAL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be referred to as the "Technical College Administrative Efficiencies Act of 2009".
SECTION 2. The State Board for Technical and Comprehensive Education (state board) is granted the authority to employ and administer certain administrative efficiency provisions as provided in this act. The state board shall establish a tiered system for categorizing technical colleges with respect to their financial strength and ability to manage day-to-day operations. Technical colleges, by way of application from their area commissions, may request the state board apply certain provisions of this act to their respective institutions. The state board shall review the technical college's request and determine the proper category for the technical college.
The state board shall establish an advisory board to provide oversight and review of this act. The state board shall submit an annual report on oversight to the Governor, the Chairman of the House Ways and Means Committee, and the Chairman of the Senate Finance Committee by November fifteenth of each year and shall submit a report every two years to include how changes have benefitted the agency to the Governor and the Chairmen of the House Ways and Means Committee, the Senate Finance Committee, the House Education and Public Works Committee, and the Senate Education Committee.
SECTION 3. Chapter 47, Title 2 of the 1976 Code is amended by adding:
"Section 2-47-70. A technical college may enter into one or more lease agreements totaling up to seventy-five thousand dollars annually per property or facility, subject to the approval of the State Board for Technical and Comprehensive Education. The State Board for Technical and Comprehensive Education must ensure compliance with all provisions of state law and regulation. Lease agreements are subject to the review of the Joint Bond Review Committee and the State Budget and Control Board."
SECTION 4. Article 1, Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-137. When a county, municipality, post-secondary institution of higher education, or school district, acting through procurement process applicable to it enters into a contract with a vendor to acquire goods or services from that vendor, a technical college located within the county, municipality, or school district, upon the consent of the county, municipality, or school district, and the vendor, may become a party to the contract thereby making the goods and services available to technical colleges under the same terms and conditions that are available to the county, municipality, or school district without the necessity of complying with any other procurement requirements."
SECTION 5. Section 1-11-65(A) of the 1976 Code is amended to read:
"(A) All Transactions involving real property, made for or by any a governmental bodies body, excluding political subdivisions of the State and excluding a real property transaction not exceeding seven hundred fifty thousand dollars made for or by a technical college of this State which is included in the college's master land acquisition plan and is approved by the State Board for Technical and Comprehensive Education, must be approved by and recorded with the State Budget and Control Board. Upon approval of the transaction by the State Budget and Control Board, there must be recorded simultaneously with the deed, a certificate of acceptance, which acknowledges the board's approval of the transaction. The county recording authority cannot accept for recording any a deed not accompanied that is unaccompanied by a certificate of acceptance. The board may exempt a governmental body from the provisions of this subsection."
SECTION 6. Section 2-47-50 of the 1976 Code, as last amended by Act 143 of 2005, is further amended to read:
"Section 2-47-50. (A)(1) Except as provided in subsection (B), the board shall establish formally each permanent improvement project before actions of any sort which implement the project in any way may be undertaken and no expenditure of any funds for any services or for any other project purpose contracted for, delivered, or otherwise provided prior to the date of the formal action of the board to establish the project shall be approved. State agencies and institutions may advertise and interview for project architectural and engineering services for a pending project so long as the architectural and engineering contract is not awarded until after a state project number is assigned. After the committee has reviewed the form to be used to request the establishment of permanent improvement projects and has reviewed the time schedule for considering such requests as proposed by the board, requests to establish permanent improvement projects shall be made in such form and at such times as the board may require.
(2) Any proposal to finance all or any part of any project using any funds not previously authorized specifically for the project by the General Assembly or using any funds not previously approved for the project by the board and reviewed by the committee shall be referred to the committee for review prior to approval by the board.
(3) Any proposed revision of the scope or of the budget of an established permanent improvement project deemed by the board to be substantial shall be referred to the committee for its review prior to any final action by the board. In making their determinations regarding changes in project scope, the board and the committee shall utilize the permanent improvement project proposal and justification statements, together with any supporting documentation, considered at the time the project was authorized or established originally. Any proposal to increase the budget of a previously approved project using any funds not previously approved for the project by the board and reviewed by the committee shall in all cases be deemed to be a substantial revision of a project budget which shall be referred to the committee for review. The committee shall be advised promptly of all actions taken by the board which approve revisions in the scope of or the budget of any previously established permanent improvement project not deemed substantial by the board.
(4) For purposes of this chapter, with regard to all institutions of higher learning, permanent improvement project is defined as:
(1)(a) acquisition of land, regardless of cost;
(2)(b) acquisition, as opposed to the construction, of buildings or other structures, regardless of cost;
(3)(c) construction of additional facilities and work on existing facilities for any given project including their renovation, repair, maintenance, alteration, or demolition in those instances in which the total cost of all work involved is five hundred thousand dollars or more;
(4)(d) architectural and engineering and other types of planning and design work, regardless of cost, which is intended to result in a permanent improvement project. Master plans and feasibility studies are not permanent improvement projects and are not to be included;
(5)(e) capital lease purchase of a facility acquisition or construction; and
(6)(f) equipment that either becomes a permanent fixture of a facility or does not become permanent but is included in the construction contract shall be included as a part of a project.
(5) Any permanent improvement project that meets the above definition must become a project, regardless of the source of funds. However, an institution of higher learning that has been authorized or appropriated capital improvement bond funds, capital reserve fund or state appropriated funds, or state infrastructure bond funds by the General Assembly for capital improvements shall process a permanent improvement project, regardless of the amount.
(B)(1) The State Board for Technical and Comprehensive Education (state board), in coordination with the Commission on Higher Education, shall establish formally each permanent improvement project proposed to be undertaken by technical colleges of this State before actions which implement the project in any way may be undertaken and before expenditure of funds for any services or for any other project purpose contracted for, delivered, or otherwise provided prior to the date of the formal action of the state board establishing the project. The state board shall submit these approved projects to the Joint Bond Review Committee.
(2) The state board, in coordination with the Commission on Higher Education, shall approve the architectural and engineering phase for permanent improvement projects before a technical college may advertise and interview for project architectural and engineering services. The architectural and engineering contract may be awarded before a state project number has been assigned for the permanent improvement project.
(3) The state board, in coordination with the Commission on Higher Education, shall approve a proposed revision of the scope or of the budget of an established permanent improvement project with an increase of not more than twenty percent of the initially approved total costs and not exceeding two million dollars with regard to budget changes for previously approved projects. Once approved by Joint Bond Committee Staff, this increase in budget does not have to be reviewed by the Joint Bond Review Committee. After the state board approves an increase to a proposal, the state board shall inform the Joint Bond Review Committee of its actions.
(4) For purposes of this chapter, with regard to technical colleges, permanent improvement project means a project whose costs after completion of architectural and engineering and other types of planning and design work total seven hundred fifty thousand dollars or more and may include:
(a) acquisition of land;
(b) acquisition of existing buildings and other structures;
(c) construction of additional facilities and work on existing facilities for any given project including renovation, repair, maintenance, alteration, or demolition;
(d) capital lease purchase of a facility acquisition or construction; or
(e) equipment that either becomes a permanent fixture of a facility or does not become permanent, but is included in the construction contract.
A permanent improvement project that meets this definition must become a project, regardless of the source of funds. This provision does not apply to projects that are funded in whole or in part by capital improvement bond funds, capital reserve funds or state-appropriated funds, or state infrastructure bonds funded by the General Assembly for capital improvements."
SECTION 7. Section 2-65-30 of the 1976 Code is amended to read:
"Section 2-65-30. (A) A state agency may receive and spend unanticipated federal funds, and funds from private foundations or industries, which are not included in the appropriations act, but state agencies, excluding technical colleges as approved by the State Board for Technical and Comprehensive Education, must submit expenditure proposals to the board and receive authorization from the board before expenditure of funds. No An authorization may not be made without first securing and considering the board's recommendation on each expenditure proposal. Any such An authorization is subject to all of the following standards:
(1) The unanticipated nature of the project precluded it from consideration and approval as part of the state appropriations process as described in Section 2-65-20.
(2) The project assists the applicant state agency to achieve objectives or goals in keeping with the recognized powers and functions of the state agency.
(3) The applicant state agency is the appropriate entity to conduct project activities and duplication of services is not created by the authorization.
(4) State matching funds, if required, are available within the existing resources of the applicant state agency.
(5) The project benefits the health or welfare of the people of the State.
(B) Notwithstanding any other provisions of this chapter, no an authorization of unanticipated federal or private foundation or industry funds may not involve a commitment of future legislative enactment to provide additional state funds to support the project.
(C) The board shall provide the House Ways and Means Committee and the Senate Finance Committee with periodic reports which that describe actions taken under the provisions of this section.
(D) Notwithstanding any other provisions of this chapter, a state agency may not implement an unanticipated major federal program without prior approval of the General Assembly, except:
(1) that to the extent that the unanticipated program replaces existing services currently provided by a state agency, other governmental entity, private nonprofit organization, or other service provider, the services may be authorized by the board to continue at an equivalent level, within the constraints of federal law and funding, until the General Assembly acts;
(2) if the unanticipated program creates services not currently provided, and the board agrees that delayed implementation would result in a significant loss of federal funds to the State, the program may be authorized by the board to proceed at a minimal level, until such time as the General Assembly may act.
(E) The State Board for Technical and Comprehensive Education shall monitor all federal funds within the technical college system to ensure federal funds do not exceed the established authority."
SECTION 8. Section 8-11-35 of the 1976 Code, as added by Act 356 of 2002, is amended by adding an appropriately lettered subsection at the end to read:
"( ) Notwithstanding the provisions of this section, the State Board for Technical and Comprehensive Education may approve alternative salary payment schedules for technical college employees."
SECTION 9. Section 8-11-230 of the 1976 Code is amended to read:
"Section 8-11-230. There is hereby created as a part of the State Budget and Control Board, the State Personnel Division (hereinafter referred to as the division), which shall must be responsive to agency needs for all personnel functions and which shall implement the provisions of this article subject to the policies and direction of the board.
The administrative head of the division shall be is the state personnel director who shall must be appointed by the board. The state personnel director may employ such staff as deemed necessary to efficiently carry out the provisions of this article within authorized funding.
The State Budget and Control Board is authorized and directed to:
1. Establish procedures for the regulation of compensation of all state employees where not otherwise regulated directly by the General Assembly. Such These procedures and regulations shall must distinguish between two categories of positions, classified and unclassified. A uniform Classification and Compensation Plan shall must be provided for such the regulation of all positions in the classified service. Such Additional procedures shall must be provided as in its judgment adequately and equitably regulate unclassified positions.
2. Develop and revise as necessary in coordination with agencies served specifications for each position in the classified service concerning the minimum educational training, experience and other qualifications considered necessary to assure adequate performance of the duties and responsibilities specifications concerning the minimum educational training, experience, and other qualifications considered necessary to ensure adequate performance of duties and responsibilities for each position in the classified service in coordination with agencies served. The board and agency heads will shall require adherence to these specifications. The board may waive training and experience requirements where circumstances warrant upon request and adequate justification by the agency head.
3. After coordinating with agencies served, develop fair employment policies to assure ensure that appointments to position in the state classified service are made on the basis of merit and fitness without regard to race, sex, age, religion, political affiliation, or national origin.
4. Operate a recruitment and applicant referral program as an optional service available to all agencies.
5. Validate selection procedures for the classified service in accordance with sound personnel practices and the requirements of federal law or regulation.
6. After coordination with agencies served, develop policies and programs concerning leave with or without pay, hours of work, fringe benefits (except state retirement benefits), employee/management relations, performance appraisals, grievance procedures, employee awards, dual employment, disciplinary action, separations, reductions in force, and other conditions of employment as may be needed.
7. Provide assistance and coordinate with the agencies served training and career development programs for state employees in coordination with agencies served.
8. Enter into agreement with any a political subdivision of the State to furnish services and facilities in the administration of its personnel program. Any such The agreement shall must provide for the reimbursement to the State of the reasonable cost of the services and facilities furnished. All political subdivisions of the State are hereby authorized to enter into such agreements.
9. Establish and maintain a central personnel data system on all state employees covered by this article, both classified and unclassified, and in coordination with agencies served, determine that data to be recorded on employees and positions and the procedures and forms to be used by all agencies in reporting data.
10. Develop a position management data system to assure conformity with board policies and state law.
11. Delegate to the heads of the state agencies served such any of the above responsibilities as may be appropriate in such the form as the board may determine.
12. Coordinate with the State Board for Technical and Comprehensive Education to establish a classification and compensation plan for the regulation of the compensation of technical college classified employees. The plan must include delegation authority to the State Board for Technical and Comprehensive Education for all relevant classified positions and must establish hiring ranges for each position. The plan also must provide that classified employees of technical colleges may be hired above band midpoints without the approval of the Office of Human Resources of the board, provided compensation is within established hiring ranges, and also must provide for up to twenty-five percent exceptional salary increases for classified positions for reclassifications, market equity pay adjustment, and promotions without the approval of the Office of Human Resources of the board."
SECTION 10. Section 11-35-1210 of the 1976 Code, as last amended by Act 376 of 2006, is further amended by adding an appropriately numbered subsection at the end to read:
"( ) The State Board for Technical and Comprehensive Education, in coordination with the Chief Procurement Officer, may approve up to fifty thousand dollars in additional procurement authority for technical colleges, provided no material audit findings concerning procurement exist. The state board must report to the Chief Procurement Officer the new certification levels as approved."
SECTION 11. Section 11-35-1550 of the 1976 Code, as last amended by Act 376 of 2006, is further amended by adding an appropriately numbered subsection at the end to read:
"( ) For technical colleges as authorized by the State Board for Technical and Comprehensive Education, small purchase amounts to which the provisions of subitem (2)(a) apply are those purchases that do not exceed seven thousand five hundred dollars. The State Board for Technical and Comprehensive Education shall approve this authority for technical colleges. In addition, if authority is approved, technical colleges shall use purchasing cards for these purchases."
SECTION 12. Section 11-35-3230(1) of the 1976 Code, as last amended by Act 376 of 2006, is further amended to read:
"(1) Procurement Procedures for Certain Contracts. A technical college that secures an architect-engineer or land surveying service which is estimated not to exceed fifty thousand dollars may award contracts by direct negotiation and selection, and any other governmental body securing architect-engineer or land surveying service which is estimated not to exceed twenty-five thousand dollars may award contracts by direct negotiation and selection, taking into account:
(a) the nature of the project;
(b) the proximity of the architect-engineer or land surveying services to the project;
(c) the capability of the architect, engineer, or land surveyor to produce the required service within a reasonable time;
(d) past performance; and
(e) ability to meet project budget requirements."
SECTION 13. Section 11-35-3310 of the 1976 Code, as last amended by Act 174 of 2008, is further amended to read:
"Section 11-35-3310. (1) General Applicability. Indefinite delivery contracts may be awarded on an as-needed basis for construction services pursuant to the procedures in Section 11-35-3015(2)(b) and for architectural-engineering and land surveying services pursuant to Section 11-35-3220.
(a) Construction Services. When construction services contracts are awarded, each contract shall must be limited to a total expenditure of seven hundred fifty thousand dollars for a two-year period with individual project expenditures not to exceed one hundred fifty thousand dollars. For technical college services contracts authorized by the State Board for Technical and Comprehensive Education, the limits must be one million dollars for total expenditures and two hundred fifty thousand dollars for individual expenditures within the specified time periods.
(b) Architectural-Engineering and Land Surveying Services. When architectural-engineering and land surveying services contracts are awarded, each contract shall must be limited to a total expenditure of three hundred thousand dollars for a two-year period with individual project expenditures not to exceed one hundred thousand dollars. For technical college architectural-engineering and land surveying services contracts authorized by the State Board for Technical and Comprehensive Education, the limits must be four hundred thousand dollars for total expenditures and two hundred thousand dollars for individual expenditures within the specified time periods.
(2) Small Indefinite Delivery Contracts. Small indefinite delivery contracts for architectural-engineering and land surveying services may be procured as provided in Section 11-35-3230. A contract established under this section shall must be subject to and included in the limitations for individual and total contract amounts provided in Section 11-35-3230, and any regulations promulgated thereunder. For small indefinite delivery contracts for architectural-engineering and land surveying services authorized by the State Board for Technical and Comprehensive Education, the limits must be one hundred thousand dollars for total expenditures and fifty thousand dollars for individual expenditures within the specified time periods."
SECTION 14. Section 11-35-3810 of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:
"Section 11-35-3810. (A) Subject to existing provisions of law, the board shall promulgate regulations governing:
(1) the sale, lease, or disposal of surplus supplies by public auction, competitive sealed bidding, or other appropriate methods designated by such regulations;
(2) the transfer of excess supplies between agencies and departments.
(B) The State Board for Technical and Comprehensive Education shall establish policies and procedures for governing the disposal of surplus property of technical colleges. Technical colleges that dispose of such property according to the established regulations shall retain any proceeds from the disposal. The State Board for Technical and Comprehensive Education shall ensure technical college compliance with disposal regulations through annual reviews and monitoring."
SECTION 15. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 16. This act takes effect upon approval by the Governor.
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