South Carolina General Assembly
109th Session, 1991-1992
Bill 3044
SECTION 111
S32-BOARD OF PSYCHOLOGY EXAMINERS
TOTAL FUNDS GENERAL FUNDS
I. ADMINISTRATION
PERSONAL SERVICE:
CLASSIFIED POSITIONS 26,620 26,620
(1.00) (1.00)
OTHER PERSONAL SERVICE:
TEMPORARY POSITIONS 4,165 4,165
PER DIEM 514 514
TOTAL PERSONAL SERVICE 31,299 31,299
(1.00) (1.00)
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 7,283 7,283
SUPPLIES AND MATERIALS 2,240 2,240
FIXED CHGS. & CONTRIB. 11,247 11,247
TRAVEL 2,446 2,446
EQUIPMENT 1,000 1,000
TOTAL OTHER OPERATING EXP 24,216 24,216
TOTAL ADMINISTRATION 55,515 55,515
(1.00) (1.00)
II. EMPLOYEE BENEFITS
STATE EMPLOYER CONTRIBUTIONS
EMPLOYER CONTRIBUTIONS 3,922 3,922
TOTAL FRINGE BENEFITS 3,922 3,922
TOTAL EMPLOYEE BENEFITS 3,922 3,922
TOTAL BOARD OF PSYCHOLOGY
EXAMINERS 59,437 59,437
TOTAL AUTHORIZED FTE POSITIONS (1.00) (1.00)
SECTION 112
S36-REAL ESTATE COMMISSION
TOTAL FUNDS GENERAL FUNDS
I. ADMINISTRATION
PERSONAL SERVICES:
COMMISSIONER/S 57,693 57,693
(1.00) (1.00)
CLASSIFIED POSITIONS 793,964 793,964
(34.00) (34.00)
OTHER PERSONAL SERVICE:
TEMPORARY POSITIONS 8,046 8,046
PER DIEM 9,186 9,186
TOTAL PERSONAL SERVICE 868,889 868,889
(35.00) (35.00)
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 60,857 60,857
SUPPLIES AND MATERIALS 48,821 48,821
FIXED CHGS. & CONTRIB. 199,345 199,345
TRAVEL 83,575 83,575
EQUIPMENT 38,697 38,697
LIB BOOKS, MAPS & FILMS 387 387
TOTAL OTHER OPERATING EXP 431,682 431,682
SPECIAL ITEMS:
CONTRACTUAL SERVICES 58,020 58,020
TOTAL SPECIAL ITEMS 58,020 58,020
TOTAL ADMINISTRATION 1,358,591 1,358,591
(35.00) (35.00)
II. APPRAISERS BOARD
PERSONAL SERVICES:
CLASSIFIED POSITIONS 56,016 56,016
(3.00) (3.00)
OTHER PERSONAL SERVICE:
PER DIEM 9,186 9,186
TOTAL PERSONAL SERVICE 65,202 65,202
(3.00) (3.00)
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 57,936 57,936
SUPPLIES AND MATERIALS 8,540 8,540
FIXED CHGS. & CONTRIB. 33,845 33,845
TRAVEL 9,670 9,670
EQUIPMENT 7,252 7,252
TOTAL OTHER OPERATING EXP 117,243 117,243
TOTAL APPRAISERS BOARD 182,445 182,445
(3.00) (3.00)
III. EMPLOYEE BENEFITS
STATE EMPLOYER CONTRIBUTIONS
EMPLOYER CONTRIBUTIONS 226,607 226,607
TOTAL FRINGE BENEFITS 226,607 226,607
TOTAL EMPLOYEE BENEFITS 226,607 226,607
IV. NON-RECURRING
OTHER OPERATING EXPENSES
TOTAL NON-RECURRING
TOTAL REAL ESTATE COMMISSION 1,767,643 1,767,643
TOTAL AUTHORIZED FTE POSITIONS (38.00) (38.00)
112.1. Any funds on deposit with the State Treasurer
for research and education programs of the Real Estate Commission
shall be remitted to the General Fund of the State.
112.2. All funds appropriated, in this section, for
Research and Education projects shall be funded wholly, out of the
Real Estate Commission authorized allocation of five dollars
from each annual renewal fee. All funds appropriated in this
section, for Research and Educational projects shall be expended
for the purpose designated.
112.3. The South Carolina Real Estate News, published
at least quarterly by the Real Estate Commission, shall be exempt
from Sect. 11-25-690, SC Code of Laws, (1976, as amended).
112.4. DELETED
112.5. (Special Account) Revenue in the Real Estate
Appraisal Registry account shall not be subject to fiscal year
limitations and shall carry forward each fiscal year for the
designated purpose.
SECTION 113
S40-RESIDENTIAL HOME BUILDERS COMMISSION
TOTAL FUNDS GENERAL FUNDS
I. ADMINISTRATION
PERSONAL SERVICE:
DIRECTOR 44,756 44,756
(1.00) (1.00)
CLASSIFIED POSITIONS 468,912 468,912
(24.00) (24.00)
NEW POSITIONS:
SPECIAL INVESTIGATOR
(2.00) (2.00)
OTHER PERSONAL SERVICES:
TEMPORARY POSITIONS 2,945 2,945
PER DIEM 4,593 4,593
TOTAL PERSONAL SERVICE 521,206 521,206
(27.00) (27.00)
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 30,101 30,101
SUPPLIES AND MATERIALS 67,738 67,738
FIXED CHGS. & CONTRIB. 47,279 47,279
TRAVEL 82,944 82,944
EQUIPMENT 48,973 48,973
TRANSPORTATION 48 48
TOTAL OTHER OPERATING EXP 277,083 277,083
TOTAL ADMINISTRATION 798,289 798,289
(27.00) (27.00)
II. EMPLOYEE BENEFITS
STATE EMPLOYER CONTRIBUTIONS
EMPLOYER CONTRIBUTIONS 153,103 153,103
TOTAL FRINGE BENEFITS 153,103 153,103
TOTAL EMPLOYEE BENEFITS 153,103 153,103
TOTAL RESIDENTIAL HOME
BUILDERS COMMISSION 951,392 951,392
TOTAL AUTHORIZED FTE POSITIONS (27.00) (27.00)
SECTION 114
S44-BOARD OF REGISTERED SANITARIANS EXAMINERS
TOTAL FUNDS GENERAL FUNDS
ADMINISTRATION
OTHER PERSONAL SERVICES:
OTHER OPERATING EXPENSES:
TOTAL ADMINISTRATION
TOTAL BOARD OF REGISTERED
SANITARIANS EXAMINE
SECTION 115
S48-SOCIAL WORK EXAMINERS BOARD
TOTAL FUNDS GENERAL FUNDS
ADMINISTRATION
OTHER PERSONAL SERVICES:
PER DIEM 948 948
TOTAL PERSONAL SERVICE 948 948
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 102,694 102,694
SUPPLIES AND MATERIALS 13,901 13,901
FIXED CHGS. & CONTRIB. 382 382
TRAVEL 6,661 6,661
TOTAL OTHER OPERATING EXP 123,638 123,638
TOTAL ADMINISTRATION 124,586 124,586
TOTAL SOCIAL WORK EXAMINERS
BOARD 124,586 124,586
SECTION 116
S52-SPEECH-LANGUAGE PATHOLOGY &
AUDIOLOGY EXAM BD
TOTAL FUNDS GENERAL FUNDS
I. ADMINISTRATION
OTHER PERSONAL SERVICE:
TEMPORARY POSITIONS 8,310 8,310
PER DIEM 677 677
TOTAL PERSONAL SERVICE 8,987 8,987
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 2,871 2,871
SUPPLIES AND MATERIALS 1,281 1,281
FIXED CHGS. & CONTRIB. 1,388 1,388
TRAVEL 919 919
TOTAL OTHER OPERATING EXP 6,459 6,459
TOTAL ADMINISTRATION 15,446 15,446
II. EMPLOYEE BENEFITS
STATE EMPLOYER CONTRIBUTIONS
EMPLOYER CONTRIBUTIONS 1,419 1,419
TOTAL FRINGE BENEFITS 1,419 1,419
TOTAL EMPLOYEE BENEFITS 1,419 1,419
TOTAL SPEECH-LANGUAGE
PATHOLOGY & AUDIOLOGY E 16,865 16,865
SECTION 117
S56-BOARD OF VETERINARY MEDICAL EXAMINERS
TOTAL FUNDS GENERAL FUNDS
ADMINISTRATION
OTHER PERSONAL SERVICE:
PER DIEM 3,249 3,249
TOTAL PERSONAL SERVICE 3,249 3,249
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 35,435 35,435
SUPPLIES AND MATERIALS 2,949 2,949
FIXED CHGS. & CONTRIB. 290 290
TRAVEL 5,227 5,227
EQUIPMENT 1,353 1,353
TOTAL OTHER OPERATING EXP 45,254 45,254
TOTAL ADMINISTRATION 48,503 48,503
TOTAL BOARD OF VETERINARY
MEDICAL EXAMINERS 48,503 48,503
SECTION 118
S60-PROCUREMENT REVIEW PANEL
TOTAL FUNDS GENERAL FUNDS
I. ADMINISTRATION
PERSONAL SERVICE:
CLASSIFIED POSITIONS 72,323 72,323
(2.00) (2.00)
OTHER PERSONAL SERVICE:
PER DIEM 4,835 4,835
TOTAL PERSONAL SERVICE 77,158 77,158
(2.00) (2.00)
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 8,000 8,000
SUPPLIES AND MATERIALS 2,097 2,097
FIXED CHGS. & CONTRIB. 5,265 5,265
TRAVEL 7,000 7,000
EQUIPMENT 922 922
TOTAL OTHER OPERATING EXP 23,284 23,284
TOTAL ADMINISTRATION 100,442 100,442
(2.00) (2.00)
II. EMPLOYEE BENEFITS
STATE EMPLOYER
CONTRIBUTIONS
EMPLOYER CONTRIBUTIONS 15,936 15,936
TOTAL FRINGE BENEFITS 15,936 15,936
TOTAL EMPLOYEE BENEFITS 15,936 15,936
TOTAL FRINGE BENEFITS
TOTAL PROCUREMENT REV. PANEL 116,378 116,378
TOTAL AUTHORIZED FTE POSITIONS (2.00) (2.00)
118.1. (Panel Membership) Notwithstanding the
provisions of Section 11-35-4410(2) of the 1976 Code, the
membership of the Procurement Review Panel shall be composed of:
(a) The chairman, or his designee, of the Procurement Policy
Committee;
(b) Five members appointed by the Governor from the State at
large who are representative of the professions governed by this
title including, but not limited to:
(i) Goods and Services.
(ii) Information technology procurements.
(iii) Construction.
(iv) Architects and engineers.
(v) Construction management.
(vi) Land surveying services.
SECTION 119
V04-DEBT SERVICE
TOTAL FUNDS GENERAL FUNDS
I. GENERAL
OBLIGATION BONDS
A. (G.O.) BONDS
SUBJECT TO DEBT SERVICE
LIMITATION:
CAPITAL IMPROVE BONDS 119,346,148 119,346,148
HUGO NOTE (NON-RECURRING) 32,859,468 32,859,468
TOTAL DEBT SERVICE 152,205,616 152,205,616
TOTAL CAPITAL IMPROVEMENT
BONDS 152,205,616 152,205,616
B. OTHER BONDS
INSTITUTION BONDS 7,078,690 7,078,690
TOTAL DEBT SERVICE 7,078,690 7,078,690
TOTAL OTHER BONDS 7,078,690 7,078,690
TOTAL DEBT SERV GEN OBLIG 159,284,306 159,284,306
II. SPECIAL BONDS/ STOCKS/OTHER
LONG TERM OBLIGATIONS
AGRICULTURAL COLLEGE
STOCK-INTER 11,508 11,508
INT PAYMT-CLEMSON STOCK 3,513 3,513
RICHARD B. RUSSELL PROJECT 400,000 400,000
TOTAL DEBT SERVICE 415,021 415,021
TOTAL SPECIAL BONDS & STOCKS 415,021 415,021
TOTAL DEBT SERVICE 159,699,327 159,699,327
119.1. The above appropriations shall be disbursed
under the direction of the State Treasurer.
119.2. Any agency of the State government responsible
by law for the collection of revenues or funds from any source to
be annually applied to payments of interest and principal on
general obligation bonds of the state shall remit such collections
to the State Treasurer for credit to the State's General Fund and
which shall constitute a reimbursement of appropriations made in
this section.
119.3. The General Assembly takes note of the fact that
the foregoing figures reflect the estimated Debt Service
Requirements of Bonds of the State for the current fiscal year. It
is not intended that their inclusion in this Act shall prevent the
issuance of additional bonds pursuant to authorizations now or
hereafter enacted.
119.4. With the exception of the Agricultural College
Stock and Clemson Perpetual Stock, bonded debt of the State issued
prior to December 1, 1977, is supported by a pledge of a special
fund (derived from taxes and other sources) and in each instance
the monies derived from such taxes and other sources must be first
applied to the payment of principal and interest on the bonds
prior to the use for other purposes and that under the Statutes
which authorized such bonds, it is the ministerial duty of the
appropriate State officers and agencies to utilize the pledged
revenues for the payment of the principal and interest of such
bonds. Under the decisions of the Supreme Court of South Carolina,
continuing appropriations have been made which cannot be diverted
until all of the principal and interest on the bonds have been
paid.
119.5. In the instance of debt incurred subsequent to
December 1, 1977, the General Assembly, in obedience to Paragraph
4 of Section 13 of Article X, has allocated on an annual basis
sufficient tax revenues to provide for the punctual payment of the
principal of and interest on such general obligation debt.
119.6. The Budget and Control Board, after review of
the Joint Bond Review Committee, is hereby authorized and directed
to regulate the starting date of the various projects approved for
funding through the issuance of Capital Improvement Bonds so as to
insure that the appropriations for debt service on such bonds, as
provided in this Section, shall be sufficient during the current
fiscal year.
119.7. DELETED
119.8. (HUGO Note) The State Treasurer is directed to
liquidate the HUGO note on or before September 1, 1992, from the
appropriation provided in this Act.
SECTION 122
X22-AID TO SUBDIVISIONS
TOTAL FUNDS GENERAL FUNDS
I. AID TO SUBDIV-FORMULA
A. AID TO FIRE DISTRICTS
DISTRIBUTION TO SUBDIVISIONS
AID TO FIRE DISTRICTS 3,977,238 3,977,238
TOTAL DIST SUBDIVISIONS 3,977,238 3,977,238
TOTAL AID TO FIRE
DIST-FORMULA FUNDED 3,977,238 3,977,238
B. LOCAL GOVERNMENT
SPECIAL ITEM
AID - LOCAL GOV'T FUND 148,744,248 148,744,248
TOTAL DIST SUBDIVISIONS 148,744,248 148,744,248
TOTAL LOCAL GVNMNT FUND 148,744,248 148,744,248
TOTAL AID TO SUBDIV-FORMULA
FUNDED 152,721,486 152,721,486
II. AID TO SUBDIV.-REIMBURSEMENT
A. AID TO CO.-REIMBURSEMENTS:
SPECIAL ITEMS
NON-RECURRING
HOMESTEAD EXEMPTION 9,650,325 9,650,325
INVENTORY TAX 2,022,786 2,022,786
TOTAL SPECIAL ITEMS 11,673,111 11,673,111
DISTRIBUTION TO SUBDIVISIONS:
AID TO CO.-HOMESTEAD
EXEMPT REIM 24,895,587 24,895,587
AID CNTY-INV TAX PHSEOUT-RE 30,597,465 30,597,465
TOTAL DIST SUBDIVISIONS 55,493,052 55,493,052
TOTAL AID TO CO-REIMBURSE. 67,166,163 67,166,163
B. AID TO
MUN.-REIMBURSEMENTS:
SPECIAL ITEMS
NON-RECURRING
HOMESTEAD EXEMPTION 1,131,722 1,131,722
INVENTORY TAX 486,383 486,383
TOTAL SPECIAL ITEMS 1,618,105 1,618,105
DISTRIBUTION TO
SUBDIVISIONS:
AID TO MUN.-HOMESTEAD
EXEMPT REI 4,807,455 4,807,455
AID MUN-INV TAX PHASEOUT 7,357,245 7,357,245
TOTAL DIST SUBDIVISIONS 12,164,700 12,164,700
TOTAL AID TO
MUN-REIMBURSEMENTS 13,782,805 13,782,805
TOTAL AID TO
SUBDIV-REIMBURSEMENTS 80,948,968 80,948,968
III. AID TO SUBDIV.-CATEGORICAL
A. CATEGOR. GRANTS-COUNTIES:
DISTRIBUTION TO SUBDIVISIONS:
AID CNTY-TAX FORMS & SUPPL-A 103,669 103,669
AID CNTY-CLERKS OF COURT 72,450 72,450
AID CNTY-PROBATE JUDGES 72,450 72,450
AID CNTY-SHERIFFS 72,450 72,450
AID CNTY-REG-MESNE CONVEYANC 17,325 17,325
AID CNTY-DEF INDIGENTS 2,343,300 2,343,300
AID CNTY-AUDITORS 864,931 864,931
AID CNTY-TREASURERS 864,931 864,931
TOTAL DIST SUBDIVISIONS 4,411,506 4,411,506
TOTAL CATEGOR GRANTS-CTYS 4,411,506 4,411,506
B. CATEGORICAL GRANTS-DIST.
AID PLANNING DISTRICTS 918,995 918,995
TOTAL DIST SUBDIVISIONS 918,995 918,995
TOTAL CATEGOR GRANTS-DISTRICTS 918,995 918,995
TOTAL AID TO
SUBDIV-CATEGORICAL GRTS 5,330,501 5,330,501
TOTAL AID TO SUBDIVISIONS 239,000,955 239,000,955
122.1. Where a portion of one county is annexed to
another county, the total amount allocated to the two counties
shall not exceed the total which would be allocated to the two
counties separately. However, the population of the annexed areas
shall be taken into consideration in determining the proportionate
share of the total allocation due to each county.
122.2. All distributions in this section, except
Homestead Reimbursement, Merchants Inventory Tax Reimbursement and
Tax Forms and Supplies Expense, shall be remitted to each
subdivision by the State Treasurer.
122.3. Notwithstanding the amount appropriated in this
section for "Homestead Exemption Reimbursement" there is hereby
appropriated whatever amount is necessary to reimburse the
counties and municipalities of the State for exemptions allowed in
accord with the provisions of law. 122.4. Fifty (50%)
percent of the amount appropriated in this section for "Aid to
Planning Districts" shall be divided equally among the ten
districts, the remaining fifty (50%) percent to be allocated in
proportion to the population of each district according to the
official United States Census for 1990.
122.5. Each planning district shall, prior to receipt
of funds, submit a plan for the expenditure of funds appropriated
in this section to the Budget and Control Board. Within ninety
(90) days following the end of the fiscal year, each district
shall submit to the Budget and Control Board a copy of an audit of
funds appropriated in this section, to be performed by an
independent Certified Public Accountant.
122.6. The State Treasurer shall remit to each planning
district its share upon approval by the Budget and Control Board.
122.7. Of the amount appropriated under "Aid to
Counties, Tax Forms and Supplies Expense," 4 per capita, based on
the official United States Census for 1990, shall be remitted by
the Comptroller General to the several counties of the state and
shall be applied by the counties only on expense of printing tax
forms and supplies for county auditors, treasurers and tax
collectors. Payment shall be made to each county treasurer in one
annual payment which shall be made as soon after the beginning of
the fiscal year as practical.
122.8. Notwithstanding any funds appropriated in this
Act for inventory tax phase-out, there is hereby appropriated
whatever amount is necessary to fully reimburse all counties and
municipalities in regard to the phase-out of the inventory tax for
the use tax of year 1987. The Comptroller General shall make
remittances to counties and municipalities in four equal payments.
122.9. Of the amount appropriated in this section for
Clerks of Court, Probate Judges, and County Sheriffs, $4,725 shall
be distributed by the Comptroller General to each County
Treasurer, which shall be used as a $1,575 salary supplement for
each Clerk of Court, Probate Judge and County Sheriff. It is the
intent of the General Assembly that the amount appropriated for
such salary supplements shall include both salary and related
employer contributions and such amounts shall be in addition to
any amounts presently being provided by the county for these
positions. The amounts appropriated in this section for Registers
of Mesne Conveyances shall be distributed by the Comptroller
General to the appropriate County Treasurer, which shall be used
as a $1,575 salary supplement for Registers of Mesne
Conveyances. Any reduction by any county in the salary of the
Clerks of Court, the Probate Judges, Registers of Mesne
Conveyances and County Sheriffs or any other reduction of
expenditures in the office of the Clerks of Court, Probate Judges,
Registers of Mesne Conveyances and County Sheriffs shall result in
a corresponding decrease of funds provided to that county by the
State. Payment shall be made to each County Treasurer in a single
lump sum at the beginning of the fiscal year and payment shall be
made to the Clerks of Court, Probate Judges and County Sheriffs by
the County Treasurer over a twelve month period in the same manner
as county salaries are paid. The State shall pay $14,792 on the
salary of each County Auditor and County Treasurer in addition to
any amounts presently being provided by the county for these
positions. It is the intent of the General Assembly that the
amount appropriated by the county for these positions shall not be
reduced as a result of the appropriation and that such
appropriation shall not disqualify each County Auditor and each
County Treasurer for salary increases that they might otherwise
receive from county funds in the future. Any reduction by any
county in the salary of the County Auditor and County Treasurer
shall result in a corresponding decrease of funds provided to that
county by the State. These salaries shall be administered by the
Comptroller General's Office and paid in accordance with the
schedule and method of payment established for state employees.
122.10 The amount appropriated in this section for
"Defense of Indigents" shall be apportioned among counties in
accord with Section 17-3-10, 1976 Code, but on a per capita basis
and based on the official United States Census for 1990.
122.11. (Defense of Indigents) Of the increase in funds
provided under Section 122, in Section 1 of Division III of this
Act, $693,653 shall be used to increase the allotment for Aid to
Counties Defense of Indigents.
*122.12. (Local Government Fund - Hold Harmless)
Notwithstanding any other provision of law, no county may receive
less from the Local Government Fund in the current fiscal year
than it received from the fund in the previous year.
*See note at end of act.
SECTION 123
X40-AERONAUTICS COMMISSION
TOTAL FUNDS GENERAL FUNDS
I. ADMINISTRATION:
PERSONAL SERVICE:
DIRECTOR 59,939 59,939
(1.00) (1.00)
CLASSIFIED POSITIONS 276,249 276,249
(11.50) (11.50)
TEMPORARY POSITIONS 6,300 6,300
OTHER PERSONAL SERVICES:
PER DIEM 4,800 4,800
TOTAL PERSONAL SERVICE 347,288 347,288
(12.50) (12.50)
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 89,377 89,377
SUPPLIES AND MATERIALS 43,426 43,426
FIXED CHGS. & CONTRIB. 27,700 27,700
TRAVEL 15,000 15,000
EQUIPMENT 20,000 20,000
LIB BOOKS, MAPS & FILMS 750 750
TOTAL OTHER OPERATING EXP 196,253 196,253
SPECIAL ITEMS
PLANNING GRANTS 13,000 13,000
AIRPORT MASTER PLAN 1,500 1,500
TOTAL SPECIAL ITEMS 14,500 14,500
TOTAL ADMINISTRATION 558,041 558,041
(12.50) (12.50)
II. AIRPORT SAFETY MAINTENANCE:
PERSONAL SERVICE:
OTHER OPERATING EXPENSES:
SPECIAL ITEMS:
TOTAL AIRPORT SAFETY
III. AIRPORT SAFETY&ENGINEERING
A. AIRPORT SAFETY
PERSONAL SERVICE:
CLASSIFIED POSITIONS 233,912 233,912
(9.00) (9.00)
TOTAL PERSONAL SERVICE 233,912 233,912
(9.00) (9.00)
OTHER OPERATING EXPENSES
CONTRACTUAL SERVICES 15,000 15,000
SUPPLIES AND MATERIALS 22,700 22,700
FIXED CHGS. & CONTRIB. 64,250 64,250
TRAVEL 4,000 4,000
EQUIPMENT 73,700 23,700
LIGHT/POWER/HEAT 50,149 50,149
TRANSPORTATION 30,000 30,000
TOTAL OTHER OPERATING EXP 259,799 209,799
TOTAL AIRPORT SAFETY 493,711 443,711
(9.00) (9.00)
B. AIRPORT ENGINEERING
PERSONAL SERVICE
CLASSIFIED POSITIONS 81,964 81,964
(3.00) (3.00)
TOTAL PERSONAL SERVICE 81,964 81,964
(3.00) (3.00)
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 472,000 2,000
SUPPLIES AND MATERIALS 3,200 1,700
FIXED CHARGES AND
CONTRIBUTIONS 8,000 4,900
TRAVEL 11,500 3,000
EQUIPMENT 12,900 3,000
TOTAL OTHER OPERATING EXP 507,600 14,600
SPECIAL ITEMS:
NAVIGATIONAL AIDS & PLANNING 26,000 26,000
EMERGENCY AIRPORT REPAIRS 500 500
STATEWIDE BEACON PROJECT 332,500
TOTAL SPECIAL ITEMS 359,000 26,500
TOTAL AIRPORT ENG. 948,564 123,064
(3.00) (3.00)
TOTAL AIRPORT SAFETY ENG 1,442,275 566,775
(12.00) (12.00)
IV. REGULATION AND INSPECTION
PERSONAL SERVICES:
CLASSIFIED POSITIONS 372,918 372,918
(11.00) (11.00)
TOTAL PERSONAL SERVICE 372,918 372,918
(11.00) (11.00)
TOTAL REGULATION AND INSPECT 372,918 372,918
(11.00) (11.00)
V. FLIGHT OPERATIONS
PERSONAL SERVICES:
CLASSIFIED POSITIONS 124,526 124,526
(5.00) (5.00)
TOTAL PERSONAL SERVICE 124,526 124,526
(5.00) (5.00)
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 45,500 45,500
SUPPLIES AND MATERIALS 16,000 16,000
FIXED CHARGES AND
CONTRIBUTIONS 117,620 117,620
TRAVEL 1,960 1,960
TOTAL OTHER OPERATING EXP 181,080 181,080
SPECIAL ITEMS:
AIRCRAFT EQUIPMENT &
OPERATIONS 581,561 341,561
AIRCRAFT REPAIRS - ENGINES 35,000 35,000
TOTAL SPECIAL ITEMS 616,561 376,561
TOTAL FLIGHT OPERATIONS 922,167 682,167
(5.00) (5.00)
VI. CIVIL AIR PATROL
PERSONAL SERVICE:
CLASSIFIED POSITIONS 21,905 21,905
(1.50) (1.50)
TOTAL PERSONAL SERVICE 21,905 21,905
(1.50) (1.50)
SPECIAL ITEMS:
CAP GENERAL FUNDS 66,170 60,000
TOTAL SPECIAL ITEMS 66,170 60,000
TOTAL CIVIL AIR PATROL 88,075 81,905
(1.50) (1.50)
VII. AVIATION EDUCATION:
PERSONAL SERVICE:
OTHER OPERATING EXPENSES:
TOTAL AVIATION EDUCATION
VIII. SPECIAL PROGRAMS:
CONTINUOUS AIRPORT SYSTEMS:
PERSONAL SERVICE:
OTHER OPERATING EXPENSES
SPECIAL ITEM:
TOTAL SPECIAL PROGRAMS
IX. AVIATION ECONOMIC DEVELOPMENT
PERSONAL SERVICE:
CLASSIFIED POSITIONS 69,700 69,700
(2.00) (2.00)
TOTAL PERSONAL SERVICE 69,700 69,700
(2.00) (2.00)
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 12,700 12,700
SUPPLIES AND MATERIAL 7,000 7,000
EQUIPMENT 500 500
SCHOLARSHIPS 5,000 5,000
TOTAL OTHER OPERATING EXP 25,200 25,200
TOTAL AVIATION ECONOMIC
DEVELOPMENT 94,900 94,900
(2.00) (2.00)
X. EMPLOYEE BENEFITS
STATE EMPLOYER CONTRIBUTIONS
EMPLOYER CONTRIBUTIONS 302,239 302,239
TOTAL FRINGE BENEFITS 302,239 302,239
TOTAL EMPLOYEE BENEFITS 302,239 302,239
TOTAL AERONAUTICS COMMISSION 3,780,615 2,658,945
TOTAL AUTHORIZED FTE POSITIONS (44.00) (44.00)
123.1. The funds appropriated in this section under
program IV "Civil Air Patrol" shall be expended by the Director so
as to discharge the State's obligations in conjunction with the
Civil Air Patrol as outlined in the SARDA Plan, the S. C.
Operational Radiological Emergency Response Plan, and assist
County and local authorities and other State agencies insofar as
permitted by the regulations governing the Civil Air Patrol. The
Director shall further expend funds for the maintenance and
acquisition of equipment which, in his opinion, shall increase the
Civil Air Patrol's ability to perform its mission, and may expend
not more than twenty-five per cent of the Patrol funds in the "CAP
AEROSPACE EDUCATION" and "CADET" programs. The Director may expend
funds to hire such administrative personnel as may be necessary to
administer the above outlined programs. All expenditures for
equipment and services shall be in accordance with State fiscal
policies.
123.2. The Aeronautics Commission may retain and expend
reimbursements derived from charges to other government agencies
for service and supplies for operating purposes and that a reserve
not to exceed $150,000 may be carried forward to the current
fiscal year for the replacement of time limit aircraft components.
123.3. Revenue received for rental of office space to
the U. S. Air Force may be retained and expended to cover the cost
of building operations.
123.4. The Aeronautics Commission shall not pay for all
or any portion of the cost of utilities at any airport or facility
except for buildings occupied by the South Carolina Aeronautics
Commission.
123.5. All General Aviation Airports will receive
funding prior to the four air carrier airports (i.e. Columbia,
Charleston, Greenville-Spartanburg, Myrtle Beach Jetport) as these
qualify for special funding under the DOT/FAA appropriations based
on enplanements in South Carolina. This policy may be waived to
provide matching State funds for critical FAA safety or capacity
projects at air carrier airports.
123.6. The Aeronautics Commission will provide
hangar/parking facilities for government owned and/or operated
aircraft on a first come basis. The funds collected are to be
deposited to the General Fund. The Hangar Fee Schedule shall be
as follows:
Single Engine - $50.00 per month
Twin Engine - $75.00 per month
Jet/Turboprop - $100.00 per month
Helicopter - $75.00 per month
Permanent parking/tie down space will be provided at the rate of
$20.00 per month for single engine aircraft, or $30.00 per month
for twin engine aircraft. Personnel from the agencies owning
and/or operating aircraft will be responsible for ground movement
of their aircraft.
123.7. The Commission is authorized on a reimbursement
basis, to utilize services of the Department of Highways and
Public Transportation to assist in providing coordinated and
continuing legal and other services in transportation and related
matters.
123.8. Any unexpended balance on June 30, of the prior
fiscal year, of appropriations to the Commission for airport
planning and development studies may be carried forward into the
current fiscal year, and expended for the same purposes.
123.9. Any line item appropriation for airports shall
be disbursed for eligible airport development items as approved by
the Commission.
123.10. DELETED
123.11. (Clothing Allowance) The Aeronautics Commission
is hereby authorized to provide pilots with an annual clothing
allowance (on a pro rata basis) not to exceed $400 per pilot for
required clothing used in the performance of their primary duty.
SECTION 124
X50-DEPARTMENT OF HIGHWAYS/PUBLIC TRANSPORTATION
TOTAL FUNDS GENERAL FUNDS
I. ADMINISTRATION
A. GENERAL
PERSONAL SERVICE:
EXECUTIVE DIRECTOR 101,249
(1.00)
CLASSIFIED POSITIONS 10,028,761
(474.70)
UNCLASSIFIED POSITIONS 62,358
(1.00)
OTHER PERSONAL SERVICE:
TEMPORARY POSITIONS 142,322
PER DIEM 20,000
O.T. & SHIFT DIFFER. 46,340
TOTAL PERSONAL SERVICE 10,401,030
(476.70)
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 1,494,563
SUPPLIES AND MATERIALS 382,785
FIXED CHGS. & CONTRIB. 3,616,690
TRAVEL 154,470
EQUIPMENT 903,966
LIGHT/POWER/HEAT 328,600
TRANSPORTATION 729,410
EMPLOYEE SUGGESTION AWARD 500
TOTAL OTHER OPERATING EXP 7,610,984
TOTAL GENERAL 18,012,014
(476.70)
B. DAMAGE CLAIMS (TORT):
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 116,400
CLAIMS AND AWARDS 250,000
TOTAL OTHER OPERATING EXP 366,400
TOTAL DAMAGE CLAIMS (TORT) 366,400
C. WORKERS' COMPENSATION:
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 379,000
SUPPLIES AND MATERIALS 130,500
CLAIMS AND AWARDS 1,780,000
HOSPITAL SERVICES 700,000
TOTAL OTHER OPERATING EXP 2,989,500
TOTAL WORKERS' COMPENSATION 2,989,500
D. LAND AND BUILDINGS
PERSONAL SERVICE:
CLASSIFIED POSITIONS 55,831
(2.11)
OTHER PERSONAL SERVICE:
TEMPORARY POSITIONS 156
O.T. & SHIFT DIFFER. 332
TOTAL PERSONAL SERVICE 56,319
(2.11)
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 236,086
SUPPLIES AND MATERIALS 50,764
FIXED CHGS. & CONTRIB. 2,300
TRAVEL 200
EQUIPMENT 500
TOTAL OTHER OPERATING EXP 289,850
PERMANENT IMPROVEMENTS:
LAND 140,000
CONST BLDGS & ADDITIONS 3,446,565
HIGHWAY & RD IMPROVEMENTS 53,458
TOTAL PERM IMPROVEMENTS 3,640,023
TOTAL LAND AND BUILDINGS 3,986,192
(2.11)
TOTAL ADMINISTRATION 25,354,106
(478.81)
II. HIGHWAY ENGINEERING
PERSONAL SERVICE:
CLASSIFIED POSITIONS 30,532,397
(1,259.22)
UNCLASSIFIED POSITIONS 79,000
(1.00)
OTHER PERSONAL SERVICE:
TEMPORARY POSITIONS 691,812
O.T. & SHIFT DIFFER. 511,414
TOTAL PERSONAL SERVICE 31,814,623
(1,260.22)
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 29,779,386
SUPPLIES AND MATERIALS 1,090,452
FIXED CHGS. & CONTRIB. 124,360
TRAVEL 263,600
EQUIPMENT 1,436,928
CLAIMS AND AWARDS 2,000
LIGHT/POWER/HEAT 120,080
TRANSPORTATION 175
TOTAL OTHER OPERATING EXP 32,816,981
PERMANENT IMPROVEMENTS:
CONST BLDGS & ADDITIONS 50,000
RIGHT-OF-WAY & LAND ACQ 37,600,000
HIGHWAY & RD IMPROVEMENTS 219,866,165
TOTAL PERM IMPROVEMENTS 257,516,165
TOTAL HIGHWAY ENGINEERING 322,147,769
(1,260.22)
III. HIGHWAY MAINTENANCE:
PERSONAL SERVICE:
CLASSIFIED POSITIONS 57,272,752
(3,659.88)
OTHER PERSONAL SERVICE:
TEMPORARY POSITIONS 653,083
O.T. & SHIFT DIFFER. 1,251,540
TOTAL PERSONAL SERVICE 59,177,375
(3,659.88)
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 37,340,966
SUPPLIES AND MATERIALS 39,863,622
FIXED CHGS. & CONTRIB. 162,250
TRAVEL 17,300
EQUIPMENT 13,112,020
CLAIMS AND AWARDS 5,000
LIGHT/POWER/HEAT 1,733,500
TRANSPORTATION 6,952,000
TOTAL OTHER OPERATING EXP 99,186,658
PERMANENT IMPROVEMENTS:
CONST BLDGS & ADDITIONS 25,000
RIGHT-OF-WAY & LAND ACQ 5,000
HIGHWAY & RD IMPROVEMENTS 289,100
TOTAL PERM IMPROVEMENTS 319,100
TOTAL HIGHWAY MAINTENANCE 158,683,133
(3,659.88)
IV. MOTOR VEHICLE
PERSONAL SERVICE:
CLASSIFIED POSITIONS 15,958,810
(919.58)
OTHER PERSONAL SERVICE:
TEMPORARY POSITIONS 2,421,361
O.T. & SHIFT DIFFER. 305,542
TOTAL PERSONAL SERVICE 18,685,713
(919.58)
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 1,864,721
SUPPLIES AND MATERIALS 7,130,651
FIXED CHGS. & CONTRIB. 502,625
TRAVEL 112,174
EQUIPMENT 989,296
LIGHT/POWER/HEAT 293,250
TRANSPORTATION 300
TOTAL OTHER OPERATING EXP 10,893,017
TOTAL MOTOR VEHICLE 29,578,730
(919.58)
V. LAW ENFORCEMENT
PERSONAL SERVICE:
CLASSIFIED POSITIONS 31,364,911
(1,262.65)
OTHER PERSONAL SERVICE:
TEMPORARY POSITIONS 75,435
O.T. & SHIFT DIFFER. 200,000
TOTAL PERSONAL SERVICE 31,640,346
(1,262.65)
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 1,843,381
SUPPLIES AND MATERIALS 3,378,533
FIXED CHGS. & CONTRIB. 486,910
TRAVEL 239,000
EQUIPMENT 7,160,104
EVIDENCE 3,500
LIGHT/POWER/HEAT 165,600
TRANSPORTATION 1,077,650
TOTAL OTHER OPERATING EXP 14,354,678
TOTAL LAW ENFORCEMENT 45,995,024
(1,262.65)
VI. PUBLIC TRANSPORTATION:
A. ADMINISTRATION
1. GENERAL
PERSONAL SERVICE:
CLASSIFIED POSITIONS 93,811
(4.00)
OTHER PERSONAL SERVICE:
TEMPORARY POSITIONS 5,000
PER DIEM 2,000 2,000
TOTAL PERSONAL SERVICE 100,811 2,000
(4.00)
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 29,600
SUPPLIES AND MATERIALS 3,250
FIXED CHGS. & CONTRIB. 39,500
TRAVEL 6,000
EQUIPMENT 50,105
TOTAL OTHER OPERATING EXP 128,455
TOTAL GENERAL 229,266 2,000
(4.00)
2. GRANTS MANAGEMENT
PERSONAL SERVICE:
CLASSIFIED POSITIONS 102,895
(4.00)
OTHER PERSONAL SERVICE:
TEMPORARY POSITIONS 4,000
TOTAL PERSONAL SERVICE 106,895
(4.00)
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 26,000
SUPPLIES AND MATERIALS 3,750
TRAVEL 8,500
TOTAL OTHER OPERATING EXP 38,250
TOTAL GRANTS MANAGEMENT 145,145
(4.00)
TOTAL ADMINISTRATION 374,411 2,000
(8.00)
B. PROGRAM ASSISTANCE
1. PLANNING
PERSONAL SERVICE:
CLASSIFIED POSITIONS 106,845
(4.00)
OTHER PERSONAL SERVICE:
TEMPORARY POSITIONS 2,000
TOTAL PERSONAL SERVICE 108,845
(4.00)
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 492,814 49,547
SUPPLIES AND MATERIALS 2,950
TRAVEL 8,000
TOTAL OTHER OPERATING EXP 503,764 49,547
TOTAL PLANNING 612,609 49,547
(4.00)
2. RURAL
PERSONAL SERVICE:
CLASSIFIED POSITIONS 55,698
(2.00)
OTHER PERSONAL SERVICE:
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 6,022,708 272,941
SUPPLIES AND MATERIALS 3,250
FIXED CHGS. & CONTRIB. 200
TRAVEL 6,000
TOTAL OTHER OPERATING EXP 6,087,856 272,941
(2.00)
TOTAL RURAL 6,087,856 272,941
(2.00)
3. URBAN
PERSONAL SERVICE:
CLASSIFIED POSITIONS 21,413
(.75)
TOTAL PERSONAL SERVICE 21,413
(.75)
OTHER PERSONAL SERVICE:
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 548,724 272,941
SUPPLIES AND MATERIALS 567
FIXED CHGS. & CONTRIB. 73
TRAVEL 2,000
TOTAL OTHER OPERATING EXP 551,364 272,941
TOTAL URBAN 572,777 272,941
(.75)
4. ELDERLY AND HANDICAPPED:
PERSONAL SERVICE:
CLASSIFIED POSITIONS 24,368
(.80)
TOTAL PERSONAL SERVICE 24,368
(.80)
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 417,318
SUPPLIES AND MATERIALS 150
FIXED CHGS. & CONTRIB. 200
TRAVEL 1,600
TOTAL OTHER OPERATING EXP 419,268
TOTAL ELDERLY AND HANDICAP 443,636
(.80)
5. RIDESHARE
PERSONAL SERVICE:
CLASSIFIED POSITIONS 13,272
(.45)
TOTAL PERSONAL SERVICE 13,272
(.45)
OTHER PERSONAL SERVICE:
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 150,424 22,274
SUPPLIES AND MATERIALS 275
FIXED CHGS. & CONTRIB. 290
TRAVEL 900
TOTAL OTHER OPERATING EXP 151,889 22,274
TOTAL RIDESHARE 165,161 22,274
(.45)
6. VANPOOL DEMONSTRATION:
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 60,000
TOTAL OTHER OPERATING EXP 60,000
TOTAL VANPOOL DEMONSTRATION 60,000
7. OPERATIONS &
MAINTENANCE ASSI
PERSONAL SERVICE:
CLASSIFIED POSITIONS 49,000
(2.00)
TOTAL PERSONAL SERVICE 49,000
(2.00)
OTHER PERSONAL SERVICE:
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 8,976
SUPPLIES AND MATERIALS 5,975
FIXED CHGS. & CONTRIB. 394
TRAVEL 10,257
TOTAL OTHER OPERATING EXP 25,602
TOTAL OPERATIONS &
MAINTENANCE 74,602
(2.00)
TOTAL PROGRAM ASSISTANCE 8,016,641 617,703
(10.00)
TOTAL PUBLIC TRANSPORTATION 8,391,052 619,703
(18.00)
VII. STRAT. HIGHWAY FUND
A. STRATEGIC HWY. PROGRAM
PERSONAL SERVICE:
CLASSIFIED POSITIONS 2,933,521
(126.41)
OTHER PERSONAL SERVICE:
TEMPORARY POSITIONS 76,424
O.T. & SHIFT DIFFER. 48,709
TOTAL PERSONAL SERVICE 3,058,654
(126.41)
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 16,129,075
SUPPLIES AND MATERIALS 17,249
FIXED CHGS. & CONTRIB. 700
TRAVEL 9,400
TOTAL OTHER OPERATING EXP 16,156,424
PERMANENT IMPROVEMENTS:
RIGHT-OF-WAY & LAND ACQ 8,005,050
HIGHWAY & RD IMPROVEMENTS 55,937,847
TOTAL PERM IMPROVEMENTS 63,942,897
TOTAL STRATEGIC HWY PGM 83,157,975
(126.41)
B. STATE ECONOMIC DEVELOPMENT
PERSONAL SERVICE:
CLASSIFIED POSITIONS 330,261
(14.45)
OTHER PERSONAL SERVICE:
TEMPORARY POSITIONS 11,680
O.T. & SHIFT DIFFER 10,769
TOTAL PERSONAL SERVICE 352,710
(14.45)
OTHER OPERATING EXPENSES:
CONTRACTUAL SERVICES 7,616,558
SUPPLIES AND MATERIALS 303
TRAVEL 550
TOTAL OTHER OPERATING EXP 7,617,411
PERMANENT IMPROVEMENTS:
RIGHT-OF-WAY & LAND ACQ 80,000
HIGHWAY & RD IMPROVEMENTS 1,861,000
TOTAL PERM IMPROVEMENTS 1,941,000
TOTAL STATE ECONOMIC
DEVELOPMENT 9,911,121
(14.45)
TOTAL STRATEGIC HWY FUND 93,069,096
(140.86)
VIII. EMPLOYEE BENEFITS
STATE EMPLOYER CONTRIBUTIONS
EMPLOYER CONTRIBUTIONS 43,340,712
TOTAL DEPARTMENT OF
HIGHWAYS/PUBLIC TRANSPORT 726,559,622 619,703
TOTAL AUTHORIZED FTE POSITIONS (7,740.00)
124.1. The Department of Highways and Public
Transportation is hereby authorized to expend all cash balances
brought forward from the previous year and all income including
all Federal Funds, unexpended General Fund Contractual Services
and proceeds from bond sales accruing to the Department of
Highways and Public Transportation, but in no case shall the
expenditures of the Department of Highways and Public
Transportation exceed the amount of cash balances brought forward
from the preceding year plus the amount of all income including
Federal Funds, General Funds and proceeds from bond sales.
124.2. The Department of Highways and Public
Transportation with the approval of the State Treasurer, is hereby
authorized to set up with the State Treasurer such special funds
out of the Department of Highways and Public Transportation funds
as may be deemed advisable for proper accounting purposes.
124.3. The Department of Highways and Public
Transportation is hereby authorized to secure bonds and insurance
covering such activities of the Department as may be deemed proper
and advisable, due consideration being given to the security
offered and the service of claims. 124.4. The Department of
Highways and Public Transportation shall pay into the General Fund
of the State the sum of $4,879,223 as its proportionate share of
the cost of Administration of central service agencies as follows:
Statewide Cost Allocation Plan:
Collection of Highway Revenue $ 3,069,811
Central Service Agency Recoveries1,103,894
Other Indirect Cost Recoveries 705,518
Total Remittance $ 4,879,223
124.5. Employees of the Department of Highways and
Public Transportation shall receive equal compensation increases
and health insurance benefits provided in this Act for employees
of the State generally.
124.6. The Department of Highways and Public
Transportation shall pay from Highway and Public Transportation
Fund revenues, that portion of the State's contribution to the
costs of retirement, social security, workers' compensation
insurance, unemployment compensation insurance, health and other
insurance, and other employer contributions provided by the State
for the Agency's employees whose salaries are funded by the
Highway and Public Transportation Fund.
124.7. The Department of Highways and Public
Transportation is hereby authorized to charge a fee of $1.00 for
postage and handling costs for every vehicle license mailed to the
owner.
124.8. The Department of Highways and Public
Transportation is hereby authorized to establish an appropriate
schedule of fees to be charged for copies of records, lists,
bidder's proposals, plans, maps, etc. based upon approximate
actual costs and handling costs of producing such copies, lists,
bidder's proposals, plans, maps, etc.
124.9. The Department of Highways and Public
Transportation may sell any materials, supplies, or equipment
classified as obsolete, surplus, or junk for which the Department
has no further need, or offer same for trade-in in the purchase of
new materials or equipment. All such sales of obsolete, surplus or
junk materials or equipment by the Department shall be at public
auction, unless the Department deems another sales method is more
advantageous, with the approval of General Services, not less than
ten days after having been advertised in a newspaper of statewide
circulation at least once. The Department may reserve the right to
reject any or all bids. Items having a value of less than one
hundred dollars may be disposed of by sale in the most
advantageous way to the Department, and the Department may make
negotiated sales of surplus materials, equipment and supplies to
county, State, and municipal agencies on a mutually agreed upon
basis. All proceeds from the sale of such obsolete, surplus or
junk material, supplies, and equipment shall be credited to the
Highway and Public Transportation Fund.
124.10. The Department of Highways and Public
Transportation is authorized to publish, in the interest of
employee relations, a periodical devoted to Department operations
and related activities. Such publication shall be for free
distribution to Department personnel and other interested
citizens. The cost of publishing and distributing such
periodical shall be paid from the Highway and Public
Transportation Fund. Such periodical shall be mailed only to
those persons who request it in writing and a record of each
request shall be maintained by the Department.
124.11. Members of the Department of Highways and
Public Transportation Commission shall receive such per diem,
subsistence and mileage for each official meeting as is provided
by law for members of boards, commissions and committees.
124.12. Notwithstanding the provisions of Section
12-27-400 of the 1976 Code, no new programming of "C" funds may be
made without the approval of a majority of the members of the
House delegation and a majority of the members of the Senate
delegation of the county in which expenditures are to be made
until the adoption of legislation establishing procedures for the
programming of "C" funds.
124.13. Any changes made by the district highway
commissioner to the approved plan of "C" fund expenditures
requires the approval of ninety percent of the legislative
delegation of the county in which the changes are to be made.
124.14. Notwithstanding the provisions of Section
12-27-400 of the 1976 Code, "C" funds may be expended for primary
or secondary roads. 124.15.
Additional powers are conferred upon the committee created in
Section 18(A) of Act 177 of 1981, to review the budgeting process
of the Department of Highways and Public Transportation. Based
upon its review of the budgeting process, the committee shall
annually report to the General Assembly its recommendations as to
needed legislation relating to the process. The expenses of the
committee shall be paid from the approved accounts of the House
and Senate.
124.16. The Department of Highways and Public
Transportation is authorized to issue a temporary driver's license
or identification card without a laminated colored photograph of
the licensee, for a period not to exceed twelve months. The
applicant and licensee must comply with provisions of law as set
forth in Chapter 1 of Title 56 of the South Carolina Code of Laws,
as amended, and such license shall expire no later than the last
day of the month one year from the date of issuance or such time
as indicated by the Department. The fee for such temporary license
or identification card shall be one dollar.
124.17. The Department of Highways and Public
Transportation shall have the authority with the approval of the
Attorney General to employ, within existing authorized
positions, necessary legal and support staff to represent the
Department in legal matters, including condemnation proceedings
and other litigation; such representation shall be under the
jurisdiction and control of the Attorney General.
124.18. The Department of Highways and Public
Transportation shall continue to collect the casual sales tax as
contained in the contractual agreement between the Tax
Commission and the Department and the State Treasurer is
authorized to reimburse the Department on a monthly basis for the
actual cost of collecting the casual sales tax limited to 2
percent of collections and such reimbursement shall be paid from
revenues generated by the casual sales tax.
124.19. Notwithstanding any other provision of law, the
Department of Highways and Public Transportation is hereby
authorized to directly contract public transportation funds with
any private operator of a public transportation system to provide
service to the general public; provided, that a plan of service
has been established and approved by the local general purpose
government which has jurisdiction for the area to be served, and
approved by the Department, the Highway Commission and the federal
government.
124.20. The Department may transfer funds appropriated
to this Section from one line item to another as the needs demand
with permission from the Budget and Control Board.
124.21. In recognition of budgetary restraints, the
South Carolina Department of Highways and Public Transportation,
its Commission, officers and employees, are herewith granted the
discretionary authority to relax design and construction standards
for the current fiscal year, with respect to highway projects in
the secondary State highway system, and the exercise of such
discretionary authority to relax design and construction standards
shall not give rise to any liability on the part of the
Department, its Commission, officers and employees.
124.22. The Select Oversight Committee created under
the provisions of Section 12-27-1300 of the 1976 Code shall direct
that an amount equal to one-fourth of one cent not to exceed
$3,000,000 generated from the tax levied under the provisions of
Section 12-27-1210 through 12-27-1240 must be used to fund public
transportation activities in this State.
124.23. Of the amount appropriated in this section for
"Supplies and Materials" under Part IV ("Motor Vehicle Personal
Service"), one thousand dollars must be expended by the department
in Fiscal Year 1991-92 in a pilot project to improve highway
safety regarding rural mail delivery, by producing and erecting
roadway signs stating "Rural Mail Route, Frequent Stops Ahead", so
as to mark rural mail delivery routes where frequent stops occur.
*124.24.(Dorchester County "C" Funds) Twenty thousand dollars of "C" funds
allocated to Dorchester County may be expended to improve the
appearance of the highway maintenance shed at the Dorchester
Industrial Park.
*See note at end of act.
124.25.(Accounting Functions Transferred to Treasurer and Comptroller
General) The Department of Highways and Public Transportation
shall transfer $545,000 and 12 FTE's to the Comptroller General's
Office and $129,093 and 3 FTE's to the State Treasurer's Office
for the purpose of servicing the accounting and payroll functions
of the Department.
* 124.26.(Marion County "C" Funds) Of the "C" funds allocated to Marion County,
one-hundred thousand dollars must be expended for a drainage
project and four thousand eight hundred dollars must be expended
for a pavement project for the City of Mullins. The funds must be
expended under the Local Paving Projects Criteria established by
Marion County. The City of Mullins shall be the administrator of
these funds.
*See note at end of act.
124.27.(SHIMS Earnings on Investments) A. Section 12-27-1260 of the 1976
Code, as added by Act 197 of 1987, is amended to read:
"Section 12-27-1260. For the current fiscal year, the revenue
derived from the tax levied by Sections 12-27-1210, 12-27-1220,
12-27-1230, and 12-27-1240 of the 1976 Code must be remitted to
the State Treasurer to be credited to the fund established for the
Strategic Highway Plan for Improving Mobility and Safety. This
fund must be separate and distinct from the state general fund and
highway fund. All unappropriated money in this fund must remain
part of the separate fund. Money from this fund may be spent only
for funding the Strategic Highway Plan for Improving Mobility and
Safety Program administered by the department and funding the
Economic Development Account as provided in Section 12-27-1270 of
the 1976 Code. No funds may be expended from this account other
than for payment of engineering and planning, right-of-way
acquisition, and construction of projects on the list submitted as
provided in Section 12-27-1280 of the 1976 Code or those
designated for economic development by the Coordinating Council
for Economic Development as provided in Section 12-27-1270 of the
1976 Code.
SECTION 127
RECAPITULATION
TOTAL FUNDS GENERAL FUNDS
SEC. NO.
LEGISLATIVE DEPARTMENT
3A. LEG. DEPT-THE SENATE 7,230,960 7,230,960
3B. LEG. DEPT-HOUSE OF REPRESENT 8,170,792 8,170,792
3C. LEG. DEPT-SPECIAL SERVICES F 299,959 299,959
3D. LEG. DEPT-CODIFICATION OF LA 2,057,637 2,057,637
3E. LEG. DEPT-LEG PRINTING & INF 2,547,116 2,547,116
3F. LEG. DEPT-LEG AUDIT COUNCIL 1,047,112 1,047,112
3G. LEG. DEPT-LEG INFORMATION SY 855,475 855,475
3H. REORGANIZATION COMMISSION 1,004,625 1,004,625
3I. ADV. COMM. ON INTERGOVERNMEN 242,559 242,559
3J. JOINT LEGISLATIVE COMMITTEES 1,495,304 1,290,304
TOTAL LEGISLATIVE DEPARTMENT 24,951,539 24,746,539
JUDICIAL DEPARTMENT
4. JUDICIAL DEPARTMENT 28,469,974 28,419,974
4A. SENTENCING GUIDELINES COMMIS 86,514 86,514
TOTAL JUDICIAL DEPARTMENT 28,556,488 28,506,488
EXECUTIVE AND ADMINISTRATIVE DIVISION
5A. GOVERNOR'S OFF-EXECUTIVE CONV 1,481,769 1,481,769
5B. GOVERNOR'S OFF-STATE LAW ENF 25,135,507 22,469,804
5C. GOVERNOR'S OFF-EXECUTIVE POL 162,641,981 6,068,303
5D. GOVERNOR'S OFF-MANSION AND G 263,344 263,344
6. LIEUTENANT GOVERNOR'S OFFICE 263,843 263,843
7. SECRETARY OF STATE'S OFFICE 1,330,177 1,310,177
8. COMPTROLLER GENERAL'S OFFICE 4,811,461 4,266,461
9. STATE TREASURER'S OFFICE 8,426,837 3,522,744
10. ATTORNEY GENERAL'S OFFICE 6,590,487 6,184,904
10A. PROSECUTION COORDINATION COM 6,930,248 6,930,248
11. COMMISSION ON APPELLATE DEFE 821,174 821,174
12. ADJUTANT GENERAL'S OFFICE 14,859,787 5,304,606
13. ELECTION COMMISSION 4,355,764 4,171,758
14A. B & C-OFFICE OF EXECUTIVE DI 1,626,369 1,346,501
14B. B & C-DIV OF INTERNAL OPERAT 2,902,572 2,017,337
14C. B & C-FINANCIAL DATA SYSTEMS 3,640,059 2,515,607
14D. B & C-STATE BUDGET DIVISION 1,405,591 1,405,591
14E. B & C-RESEARCH AND STATISTIC 4,530,411 3,366,603
14F. B & C-INFORMATION RESOURCE M 36,032,281 1,717,599
14G. B & C-GENERAL SERVICES DIVIS 30,347,120 6,991,486
14H. B & C-FIRE MARSHAL'S OFFICE 3,185,669 2,254,403
14I. B & C-MOTOR VEHICLE MANAGEME 6,687,655
14J. B & C-INSURANCE SERVICES DIV 7,859,935
14K. B & C-HUMAN RESOURCE MANAGEM 4,420,753 3,117,104
14L. B & C-LOCAL GOVERNMENT DIVIS 35,606,786 12,795,300
14M. B & C-AUDITOR'S OFFICE 4,001,710 4,001,710
14N. B & C-BOARD OF ECONOMIC ADVI 353,165 353,165
14P. B & C-RETIREMENT DIVISION 7,564,745
14Q. B & C-EMPLOYEE BENEFITS 64,065,268 63,349,909
14R. B & C-CAPITAL RESERVE FUND 66,108,555 66,108,555
TOTAL EXECUTIVE AND ADMINISTRATI 518,251,023 234,400,005
EDUCATIONAL DIVISION
15. COMMISSION ON HIGHER EDUCATI 37,513,792 3,717,336
16. HIGHER EDUCATION TUITION GRA 17,386,885 16,700,037
17. THE CITADEL 43,025,330 12,816,053
18. CLEMSON UNIVERSITY (EDUCATIO 265,238,500 80,359,517
19. COLLEGE OF CHARLESTON 55,797,388 21,390,373
20. FRANCIS MARION UNIVERSITY 27,518,948 11,968,045
21. LANDER COLLEGE 17,033,250 7,903,485
22. SOUTH CAROLINA STATE UNIVERS 43,002,261 18,950,070
23A. UNIV OF SOUTH CAROLINA 322,392,478 121,377,296
23B. U S C - MEDICAL SCHOOL 28,972,607 18,993,241
23C. U S C - AIKEN CAMPUS 19,309,949 7,581,181
23D. U S C - COASTAL CAROLINA CAM 26,992,170 10,116,932
23E. U S C - SPARTANBURG CAMPUS 21,697,070 9,481,432
23F. U S C - BEAUFORT CAMPUS 3,847,871 1,772,292
23G. U S C - LANCASTER CAMPUS 4,832,883 2,409,669
23H. U S C - SALKEHATCHIE CAMPUS 3,522,358 1,801,332
23I. U S C - SUMTER CAMPUS 6,724,041 3,308,945
23J. U S C - UNION CAMPUS 1,828,356 909,899
24. WINTHROP UNIVERSITY 50,055,227 18,720,061
25A. MEDICAL UNIVERSITY OF SOUTH 249,589,721 77,589,721
25B. MEDICAL UNIVERSITY OF S C HO 349,226,682 18,726,682
25C. CONSORTIUM OF COMM. TEACHING 17,008,647 14,748,647
26. COUNCIL ON VOCATIONAL & TECH 272,307 78,789
27. BD. FOR TECHNICAL & COMPREHE 225,619,893 120,683,355
28. DEPARTMENT OF EDUCATION 1,819,302,8291,206,892,451
29. EDUCATIONAL TELEVISION COMMI 27,037,270 17,843,015
30. WIL LOU GRAY OPPORTUNITY SCH 3,781,824 2,718,629
31. VOCATIONAL REHABILITATION 69,135,361 14,627,050
32. SCHOOL FOR THE DEAF AND THE 13,983,692 10,220,139
33. DEPARTMENT OF ARCHIVES AND H 5,412,067 4,097,090
34. CONFEDERATE RELIC ROOM AND M 196,794 196,794
35. STATE LIBRARY 8,215,688 6,023,201
36. ARTS COMMISSION 5,042,680 3,576,511
37. MUSEUM COMMISSION 6,081,796 5,276,052
TOTAL EDUCATIONAL DIVISION 3,796,598,6151,873,575,322
HEALTH DIVISION
38A. HEALTH & HUMAN SERVICES FINA 1,718,323,772 215,479,270
38B. CONT OF CARE - EMOTIONALLY D 10,617,913 2,283,577
39. DEPARTMENT OF HEALTH & ENVIR 301,914,963 96,101,934
40. DEPARTMENT OF MENTAL HEALTH 262,637,780 172,336,687
41. DEPARTMENT OF MENTAL RETARDA 224,157,587 91,582,714
42. COMMISSION ON ALCOHOL & DRUG 23,950,854 9,720,133
TOTAL HEALTH DIVISION 2,541,602,869 587,504,315
SOCIAL REHABILITATION SERVICES DIVISION
43. DEPARTMENT OF SOCIAL SERVICES 595,551,297 115,510,882
44. JOHN DE LA HOWE SCHOOL 3,806,653 3,316,383
45. CHILDREN'S FOSTER CARE REVIE 1,208,311 1,117,737
46. COMMISSION FOR THE BLIND 7,030,932 3,231,153
47. COMMISSION ON AGING 18,824,187 2,415,903
48. HOUSING FINANCE & DEVELOPMEN 18,159,377 464,614
49. HUMAN AFFAIRS COMMISSION 2,195,742 1,754,672
50. DEPARTMENT OF VETERANS AFFAI 1,228,244 1,228,244
51. COMMISSION ON WOMEN 85,750 75,750
TOTAL SOCIAL REHABILITATION SERV 648,090,493 129,115,338
CORRECTIONAL DIVISION
52. DEPARTMENT OF CORRECTIONS 256,089,111 207,213,956
53. PROBATION, PAROLE AND PARDON 25,697,715 14,238,936
54. DEPARTMENT OF YOUTH SERVICES 39,723,574 34,836,866
55. LAW ENFORCEMENT TRAINING COU 7,992,000
56. LAW ENFORCEMENT OFFICERS HAL 177,731
TOTAL CORRECTIONAL DIVISION 329,680,131 256,289,758
CONSERVATION, NATURAL RESOURCES & DEVELOP DIV
57. WATER RESOURCES COMMISSION 8,334,581 4,173,233
58. LAND RESOURCES CONSERVATION 3,581,060 3,208,445
59. FORESTRY COMMISSION 27,276,281 16,273,202
60. DEPARTMENT OF AGRICULTURE 10,555,605 6,236,521
61. CLEMSON UNIV (PUBLIC SERVICE 59,266,475 43,467,565
62. MIGRATORY WATERFOWL COMMITTE 239,176 29,176
63. WILDLIFE & MARINE RESOURCES 43,447,648 19,983,084
64. COASTAL COUNCIL 4,712,349 1,512,349
65. SEA GRANT CONSORTIUM 2,284,256 502,206
66. DEPARTMENT OF PARKS, RECREAT 42,534,385 14,936,332
67. DEVELOPMENT BOARD 8,492,569 8,164,569
68. ECONOMIC DEVELOPMENT COORD C 213,000
69. JOBS-ECONOMIC DEVELOPMENT AU 5,762,948 393,491
70. PATRIOTS POINT DEVELOPMENT A 3,495,896
71. SAVANNAH VALLEY AUTHORITY 1,428,791 1,125,494
71A. COLUMBIAN QUINCENTENNIAL COM 350
72. OLD EXCHANGE BUILDING COMMIS 119,295 119,295
TOTAL CONSERVATION, NATURAL RESO 221,744,665 120,124,962
REGULATORY DIVISION
73. PUBLIC SERVICE COMMISSION 6,975,794 6,975,794
74. WORKERS' COMPENSATION COMMIS 4,234,478 3,629,308
75. WORKERS' COMPENSATION FUND 7,248,722 2,179,709
76. PATIENTS' COMPENSATION FUND 224,321
77. SECOND INJURY FUND 1,647,259
78. DEPARTMENT OF INSURANCE 5,209,584 5,084,584
79A. FINANCIAL INST BD-ADMINISTRA 24,560 24,560
79B. FINANCIAL INST BD-BANK EXAMI 1,088,856 1,088,856
79C. FINANCIAL INST BD-CONSUMER F 448,758 448,758
80. DEPARTMENT OF CONSUMER AFFAI 2,187,698 2,156,398
81. DEPARTMENT OF LABOR 6,034,527 4,020,800
82. TAX COMMISSION 36,205,757 34,975,757
83. ALCOHOLIC BEVERAGE CONTROL C 4,064,141 3,975,202
84. ETHICS COMMISSION 438,647 438,647
85. EMPLOYMENT SECURITY COMMISSI 81,099,896 190,706
86. BOARD OF ACCOUNTANCY 367,987 367,987
87. BOARD OF ARCHITECTURAL EXAMI 277,664 277,664
88. AUCTIONEERS' COMMISSION 161,293 161,293
89. BOARD OF BARBER EXAMINERS 204,178 204,178
90. ATHLETIC COMMISSION 30,919 30,919
92. BOARD OF CHIROPRACTIC EXAMIN 76,433 76,433
93. CONTRACTORS' LICENSING BOARD 440,328 440,328
94. BOARD OF COSMETOLOGY 491,571 491,571
95. BOARD OF DENTISTRY 310,883 310,883
96. BOARD OF ENGINEERS AND LAND 535,584 535,584
97. ENVIRONMENTAL CERTIFICATION 225,477 225,477
98. BOARD OF FORESTERS REGISTRAT 26,953 26,953
99. BOARD OF FUNERAL SERVICE 111,213 111,213
100. BOARD OF GEOLOGISTS REGISTRA 54,141 54,141
101. BOARD OF MEDICAL EXAMINERS 799,787 799,787
102. BOARD OF NURSING 805,807 805,807
103A. NURS HOME ADMIN-RES CARE FAC 107,042 107,042
104. BOARD OF OCCUPATIONAL THERAP 20,767 20,767
105. BOARD OF OPTICIANRY EXAMINER 45,419 45,419
106. BOARD OF OPTOMETRY EXAMINERS 54,000 54,000
107. BOARD OF PHARMACY 296,773 296,773
108. BOARD OF PHYSICAL THERAPY EX 74,844 74,844
109. BOARD OF PODIATRY EXAMINERS 7,084 7,084
110. BOARD OF PROF. COUNSELORS & 63,164 63,164
111. BOARD OF PSYCHOLOGY EXAMINER 59,437 59,437
112. REAL ESTATE COMMISSION 1,767,643 1,767,643
113. RESIDENTIAL HOME BUILDERS CO 951,392 951,392
115. SOCIAL WORK EXAMINERS BOARD 124,586 124,586
116. SPEECH-LANGUAGE PATHOLOGY & 16,865 16,865
117. BOARD OF VETERINARY MEDICAL 48,503 48,503
118. PROCUREMENT REVIEW PANEL 116,378 116,378
TOTAL REGULATORY DIVISION 165,807,113 73,863,194
DEBT SERVICE
119. DEBT SERVICE 159,699,327 159,699,327
TOTAL DEBT SERVICE 159,699,327 159,699,327
MISCELLANEOUS DIVISION
122. AID TO SUBDIVISIONS 239,000,955 239,000,955
TOTAL MISCELLANEOUS DIVISION 239,000,955 239,000,955
TRANSPORTATION DIVISION
123. AERONAUTICS COMMISSION 3,780,615 2,658,945
124. DEPARTMENT OF HIGHWAYS/PUBLI 726,559,622 619,703
TOTAL TRANSPORTATION DIVISION 730,340,237 3,278,648
GRAND TOTAL 9,404,323,4553,730,104,851
SOURCE OF FUNDS:
APPROPRIATED GEN. FUNDS 3,730,104,851
FEDERAL FUNDS 2,860,561,516
OTHER FUNDS 2,813,657,088
TOTAL 9,404,323,455
SECTION 128
ESTIMATE OF GENERAL, SCHOOL, HIGHWAY,
AND EDUCATION IMPROVEMENT ACT REVENUES
FISCAL YEAR 1992-93
REGULAR SOURCES:
RETAIL SALES TAX 1,250,750,401
INCOME TAX (TOTAL) 1,713,632,528
INDIVIDUAL 1,567,632,528
CORPORATION 146,000,000
TOTAL INCOME AND SALES TAX 2,964,382,929
ALL OTHER REVENUE
ADMISSIONS TAX 8,300,000
AIRCRAFT TAX 4,700,000
ALCOHOLIC LIQUOR TAX 51,825,000
BANK TAX 9,700,000
BEER & WINE TAX 78,085,000
BUSINESS LICENSE TAX 29,750,000
COIN-OPERATED DEVICE TAX 25,500,000
COMMERCIAL NUCLEAR WASTE TAX 3,250,000
CONTRACTORS LICENSE TAX 1,500,000
CORPORATION LICENSE TAX 50,200,000
DEPARTMENT OF AGRICULTURE 17,761,683
DEPARTMENTAL REVENUE 56,832,098
DOCUMENTARY TAX 12,000,000
EARNED ON INVESTMENTS 51,225,139
ELECTRIC POWER TAX 18,800,000
ESTATE TAX 12,500,000
FERTILIZER INSPECTION TAX 180,000
GASOLINE TAX - COUNTIES 18,950,000
INSURANCE TAX 76,404,000
MOTOR TRANSPORT FEES 5,050,000
PRIVATE CAR LINES TAX 1,650,000
PUBLIC SERVICE ASSESSMENT 4,200,000
PUBLIC SERVICE AUTHORITY 6,366,000
RADIOACTIVE WASTE SURCHARGE 21,600,000
RETAILERS LICENSE TAX 1,015,000
SAVINGS & LOAN ASSOCIATION TAX 1,200,000
SOFT DRINKS TAX 23,700,000
WORKERS' COMPENSATION INSURANCE TAX 8,100,000
TOTAL ALL OTHER REVENUE 600,343,920
TOTAL REGULAR SOURCES 3,564,726,849
MISCELLANEOUS SOURCES:
CIRCUIT & FAMILY COURT FINES 9,722,850
DEBT SERVICE REIMBURSEMENT 11,809,720
HOUSING AUTHORITY REIMBURSEMENT 481,030
INDIRECT COST RECOVERIES 20,072,604
MENTAL HEALTH FEES 3,800,000
PAROLE & PROBATION SUPERVISION FEES 4,075,000
UNCLAIMED PROPERTY FUND TRANSFER 4,550,000
WASTE TREATMENT LOAN REPAYMENT 350,000
NON RECURRING REVENUE 143,616,534
TOTAL MISC. SOURCES 198,477,738
TOTAL REGULAR AND MISC. REVENUE 3,763,204,587
LESS: TRANSFER TO GENERAL RESERVE FUND (33,054,277)
TOTAL GENERAL FUND REVENUE 3,730,150,310
TOTAL HIGHWAY REVENUE 459,396,000
TOTAL EDUCATION IMPROVEMENT ACT 313,427,152
TOTAL ALL SOURCES OF REVENUES 4,502,973,462
129.1. (Judicial & Involuntary Commitment, Defense of
Indigents) It is the responsibility of all agencies, departments
and institutions of state government, to provide at no cost and as
a part of the regular services of the agency, department or
institutions such services as are necessary to carry out the
provisions of Chapter 52 of Title 44 (Involuntary Commitment),
Article 7, Chapter 17 of Title 44 of the 1976 Code (Judicial
Commitment), Chapter 3 of Title 17 of the 1976 Code (Defense of
Indigents), and Article 1 of Chapter 3 of Title 16 of the 1976
Code (Death Penalty), as amended, upon request of the Judicial
Department and/or the appropriate court. To this end, state
agencies are directed to furnish to the Judicial Department a list
of their employees who are competent to serve as court examiners.
The Judicial Department shall forward a copy of this list to the
appropriate courts, and the courts shall utilize the services of
such state employees whenever feasible. State employees shall
receive no additional compensation for performing such
services. For the purpose of interpreting this section, employees
of the Medical University of South Carolina and individuals
serving an internship or residency as an academic requirement or
employees who are not full time state employees and who are not
performing duties as state employees are not considered state
employees.
129.2. (Capital Improvement Bond Balance Transfer)
After review by the Joint Bond Review Committee, the State Budget
and Control Board may transfer to the Bond Contingency Revolving
Fund any capital improvement bond project balances determined not
to be usable or needed. Capital improvement bonds issued on behalf
of the Mental Health Commission as provided in Act 151 of 1983 and
Act 1272 and 1276 of 1970, as amended, or to bonds issued on
behalf of the Commission on Mental Retardation as provided in
Section 44-21-1010 et seq. are exempt. Before accomplishing a
transfer of this type, the required determination must be made by
the agency for which the funds were authorized or by the Board if
the agency no longer exists and the Board must find that the
purpose for which the funds were authorized has been achieved.
129.3. (Case Service Billing Payments - Prior Year)
Notwithstanding any other provision of law, agencies appropriated
case services funds who routinely receive prior year case service
billings after the old fiscal year has been officially closed are
authorized to pay these case service obligations with current
funds. This authorization does not apply to billings on hand that
have been through a timely agency payment approval process when
the old fiscal year closes.
129.4. (Credit Cards for Goods & Services)
Notwithstanding any other provision of law, the State Treasurer
may enter into contracts whereby the agency or institution may
accept credit cards as payment for goods or services provided.
129.5. DELETED
129.6. (Warrant Requisitions, Deposits) The expenditure
of money appropriated in this Act shall be by warrant requisitions
directed to the Comptroller General. Upon receipt of the
requisition, accompanied by invoices or other satisfactory
evidence of the propriety of the payment, and itemized according
to standard budget classifications, the Comptroller General shall
issue his warrant on the State Treasurer to the payee designated
in the requisition. No requisitions for warrants shall be
processed for any amounts less than one dollar. Upon approval and
designation by the State Budget and Control Board, state
institutions may requisition funds in favor of their own
treasurer, itemized only to the extent of the purpose of the
appropriation as expressed in this Act, and may deposit such funds
in the name of the institution, in such bank or banking
institutions as shall be designated by the State Treasurer, and
disburse same by check to meet the purposes of the appropriation,
but strict account shall be kept of all such expenditures
according to standard budget classifications. All money shall be
drawn only when actually owing and due. The Comptroller General
shall establish rules and regulations for the uniform
reimbursement, remittance and transfers of funds to the General
Fund of the State required by law.
129.7. (Retirement System Contribution - Federal Funds)
Final settlement received on Federal funds allotted to the state
and the investment earnings thereof, under the provisions of the
State and Local Fiscal Assistance Act of 1972 not heretofore
appropriated, shall be applied to the payment of appropriations in
this Act for the State contribution to the South Carolina
Retirement System.
129.8. (Federal Program Expenses, Lag Time) After July
1, of the current fiscal year, the Department of Health and
Environmental Control, Department of Mental Health, Department of
Mental Retardation, Department of Social Services, State Health
and Human Services Finance Commission, Commission on Aging,
Advisory Board for Review of Foster Care of Children, Department
of Corrections, and Department of Youth Services may expend if
necessary, state appropriated funds for the current fiscal year to
cover fourth quarter Federal Programs expenses incurred in the
prior fiscal year necessitated by the time lag of federal
reimbursement.
129.9. (Federal Funds, Donations, Deposited in State
Treasury) All Federal Funds received shall be deposited in the
State Treasury, if not in conflict with Federal regulations, and
withdrawn therefrom as needed, in the same manner as that provided
for the disbursement of state funds. If it shall be determined
that federal funds are not available for, or cannot be
appropriately used in connection with, all or any part of any
activity or program for which state funds are specifically
appropriated in this Act to match Federal funds, the appropriated
funds may not be expended and shall be returned to the General
Fund, except upon specific written approval of the Budget and
Control Board after review by the Joint Appropriations Review
Committee. Donations or contributions from sources other than the
Federal Government, for use by any state agency, shall be
deposited in the State Treasury, but in special accounts, and
shall be withdrawn from the treasury as needed to fulfill the
purposes and conditions of the said donations, or contributions,
if specified, and, if not specified, as may be directed by the
proper authorities of the department. The expenditure of funds by
agencies of the State Government from sources other than General
Fund appropriations shall be subject to the same limitations and
provisions of law applicable to the expenditure of appropriated
funds with respect to salaries, wages or other compensation,
travel expense, and other allowance or benefits for employees.
129.10. (Fee Increases)
(A) No state agency, department, board, committee, commission,
or authority, may increase an existing fee for performing any
duty, responsibility, or function unless the fee for performing
the particular duty, responsibility, or function is authorized by
statutory law and set by regulation except as provided in this
paragraph.
(B) This paragraph does not apply to:
(1) state-supported governmental health care facilities;
(2) state-supported schools, colleges, and
universities;
(3) educational, entertainment, recreational,
cultural, and training programs;
(4) the State Board of Financial Institutions;
(5) sales by state agencies of goods or tangible
products produced for or by these agencies;
(6) charges by state agencies for room and board
provided on state-owned property;
(7) application fees for recreational activities
sponsored by state agencies and conducted on a draw or lottery
basis;
(8) court fees or fines levied in a judicial or
adjudicatory proceeding;
(9) the South Carolina Public Service Authority or the
South Carolina Ports Authority.
(C) This paragraph does not prohibit a state agency,
department, board, committee, or commission from increasing fees
for services provided to other state agencies, departments,
boards, committees, commissions, political subdivisions, or fees
for health care and laboratory services regardless of whether the
fee is set by statute.
(D) Statutory law for purposes of this paragraph does not
include regulations promulgated pursuant to the State
Administrative Procedures Act.
129.11. DELETED
129.12. (POLA, 110%) Professional and Occupational
Licensing Agencies referred to in Section 11-5-210, CLSC, 1976,
must generate revenue equal to 110 percent of their appropriation.
In any year during which any Professional and Occupational
Licensing Agency does not generate the required revenue as
provided above, it shall generate sufficient revenue in the
succeeding year to offset the prior deficit, in addition to
meeting requirements for the current year. Professional and
Occupational Licensing Boards may adjust fees, if necessary, to
generate revenue at least ten percent above the current year state
appropriation.
129.13. (State Institutions - Revenues & Income) The
University of South Carolina, Clemson University, the Medical
University of S. C. (including the Medical University Hospital),
The Citadel, Winthrop College, S. C. State College, Francis Marion
College, College of Charleston, Lander College and the Wil Lou
Gray Opportunity School shall remit all revenues and income,
collected at the respective institutions, to the State Treasurer
according to the terms of Section 1 of this Act, but all such
revenues or income so collected, except fees received as regular
term tuition, matriculation, and registration, shall be carried in
a special continuing account by the State Treasurer, to the credit
of the respective institutions, and may be requisitioned by said
institutions, in the manner prescribed in Section 129.6 of this
Act, and expended to fulfill the purpose for which such fees or
income were levied, but no part of such income shall be used for
permanent improvements without the express written approval of the
State Budget and Control Board and the Joint Legislative Capital
Bond Review Committee; and it is further required that no such fee
or income shall be charged in excess of the amount that is
necessary to supply the service, or fulfill the purpose for which
such fee or income was charged. Notwithstanding other provisions
of this act, funds at State Institutions of Higher Learning
derived wholly from athletic or other student contests, from the
activities of student organizations, and from the operations of
canteens and bookstores, and from approved Private Practice plans
may be retained at the institution and expended by the respective
institutions only in accord with policies established by the
institution's Board of Trustees. Such funds shall be audited
annually by the State but the provisions of this Act concerning
unclassified personnel compensation, travel, equipment purchases
and other purchasing regulations shall not apply to the use of
these funds.
129.14. (BCB Authority - Agency Surveys, Facilities
Studies & Bonds) In addition to the powers and duties devolved
upon the Budget and Control Board by the 1976 Code of Laws of this
State, the said Board is hereby given full power and authority to
make surveys, studies, and examinations of departments,
institutions, and agencies of this State, as well as its programs,
so as to determine whether a proper system of accounting is
maintained in such departments, institutions, commissions, and
agencies, and to require and enforce the adoption of such policies
as are deemed necessary to accomplish these purposes; and to
survey, appraise, examine and inspect, and determine the true
conditions of all property of the State, and what may be necessary
to protect it against fire hazard or deterioration, and to
conserve its use for State purposes, and to make and issue and to
enforce all necessary, needful, and convenient rules and
regulations for the enforcement of this provision and to approve
the destruction or disposal of records of no value to the State.
The State Budget and Control Board may require that all plans and
specifications for permanent improvements of any nature by any
State department or institution shall be submitted to the said
Board for approval prior to the awarding of any contract therefor,
or prior to construction by any other means. The State Budget and
Control Board shall have the authority to approve blanket bonds
for each of the several departments, agencies and institutions of
the state government, which bonds shall include coverage
requirements by law for particular officials and employees and any
others who, in the opinion of the Board, should be bonded. Such
blanket bonds shall be subject to approval as to form and
execution by the Attorney General.
The Division of General Services may contract to develop an
energy utilization management system for state facilities under
its control and to assist other agencies and departments in
establishing similar programs following all applicable laws and
regulations, but no capital expenditures are authorized hereby.
129.15. (Transfers of Appropriations)
(A) Transfers of appropriations herein provided may be made
within departments upon written justification to the State Budget
Division and upon the unanimous approval of the State Budget and
Control Board.
(B) No such transfer may exceed twenty percent of the program
budget. Upon request, details of such transfers may be provided to
members of the General Assembly on an agency by agency basis.
(C) No transfers for the purpose of providing salary increases
for current employees shall be allowed from funds appropriated in
this act for new positions.
(D) The Board shall use all transfer activity data to assist
in analyzing agencies' budget requests. A report on transfer
activity shall be made quarterly to the Ways and Means Committee
and the Senate Finance Committee.
129.16. (Bank Procedures - State Treasury A Bank) In
any instances where Federal laws or regulations, relating to funds
allotted to State Government agencies, include requirements
relating to banking procedures, the State Treasury shall be deemed
to meet the definition of a bank.
129.17. (Community Corrections Revenue to General Fund)
Notwithstanding any other provision of law, of the funds generated
in the current fiscal year from the increases in the fees
resulting from the amendment to Section 24-23-210 of the 1976
Code, as contained in Section 41 of Part II of the FY 91-92
Appropriations Act, $740,000 must be credited to the general fund
of the State.
129.18. DELETED
129.19. DELETED
129.20. (Federal Funds - DHEC, DSS, HHSFC, Aging -
Disallowances) Amounts appropriated to the Department of Health
and Environmental Control, Department of Social Services, State
Health and Human Services Finance Commission, and Commission on
Aging may be expended to cover program operations of prior fiscal
years where adjustment of such prior years are necessary under
federal regulations or audit exceptions. All disallowances or
notices of disallowances by any federal agency of any costs
claimed by these agencies shall be submitted to the State Auditor,
the House Ways and Means Committee and the Senate Finance
Committee, within five days of receipt of such actions.
129.21. (Family Foster Care Payments) The Department of
Mental Retardation, Department of Social Services, and Department
of Youth Services shall furnish as Family Foster Care payments for
individual foster children under their sponsorship:
ages 0 - 5 $182 per month
ages 6 - 12 $209 per month
ages 13 + $275 per month
These specified amounts are for the basic needs of the foster
children. Basic needs within this proviso are identified as food
(at home and away), clothing, housing, transportation, education
and other costs as defined in the U.S. Department of Agriculture
study of "Annual Cost of Raising a Child to Age Eighteen".
Further, each agency shall identify and justify, as another line
item, all material and/or services, in excess of those basic needs
listed above, which were a direct result of a professional agency
evaluation of clientele need. Legitimate medical care in excess
of Medicaid reimbursement or such care not recognized by Medicaid
may be considered as special needs if approved by the
sponsoring/responsible agency and shall be reimbursed by the
sponsoring agency in the same manner of reimbursing other special
needs of foster children.
129.22. (Fixed Student Fees) During the current fiscal
year, student fees at the State institutions of higher learning
shall be fixed by the respective Boards of Trustees as follows:
(1) Fees applicable to student housing, dining halls,
student health service, parking facility, laundries and all other
personal subsistence expenses shall be sufficient to fully cover
the total direct operating and capital expenses of providing such
facilities and services over their expected useful life except
those operating or capital expenses related to the removal of
asbestos.
(2) Student Activity Fees may be fixed at such rates
as the respective Boards shall deem reasonable and necessary.
129.23. (Tech Educ Colleges - Student Activity Fees)
Notwithstanding any other provisions of this Act, funds at
Technical Education Colleges derived wholly from the activities of
student organizations and from the operations of canteens and
bookstores may be retained by the college and expended only in
accord with policies established by the respective college's Area
Commission and approved by the State Board for Technical and
Comprehensive Education.
129.24. (Educational Fee Waivers) The institutions of
higher education may offer educational fee waivers to no more than
two percent of the undergraduate student body.
129.25. (Human Services Coordinating Council Creation)
The General Assembly finds that the operation of health and human
services may be enhanced by closer working relationships among
agencies at the state and local level. The General Assembly finds
that coordination at both levels provides opportunities to serve
the citizens of South Carolina better through (1) continued
expansion of services integration and (2) stronger communication
among agencies delivering services.
In order to assist in, recommend, develop policy for, and
supervise the expenditure of funds for the continuation of service
integration in South Carolina, there is created a Human Services
Coordinating Council, hereinafter, entitled the Council. The
Council shall consist of:
(1) The chairperson of the boards of the following
agencies: Commission on Aging, Commission on Alcohol and Drug
Abuse, Commission on the Blind, Children's Foster Care Review
Board, Department of Education, Department of Health and
Environmental Control, State Health and Human Services Finance
Commission, Department of Youth Services, Department of Veterans'
Affairs, John De La Howe School, Department of Mental Health,
Department of Mental Retardation, School for Deaf and Blind,
Department of Social Services, Department of Vocational
Rehabilitation, Guardian ad Litem Program, Continuum of Care for
Emotionally Disturbed Children, Educational Television, Wil Lou
Gray Opportunity School, Department of Corrections, Probation,
Parole and Pardon Services and the State Housing Finance and
Development Authority.
These chairpersons shall receive the usual mileage,
subsistence, and per diem provided by law for members of
committees, boards, and commissions. Mileage, subsistence, and per
diem must be paid from the approved accounts of their respective
boards or commissions.
(2) The chief executive officer of each of the following
agencies: Commission on Aging, Commission on Alcohol and Drug
Abuse, Commission on the Blind, Children's Foster Care Review
Board, Department of Education, Department of Health and
Environmental Control, State Health and Human Services Finance
Commission, Department of Youth Services, Department of Veterans'
Affairs, John De La Howe School, Department of Mental Health,
Department of Mental Retardation, School for Deaf and Blind,
Department of Social Services, Department of Vocational
Rehabilitation, Guardian ad Litem Program, Continuum of Care for
Emotionally Disturbed Children, Educational Television, Wil Lou
Gray Opportunity School, Department of Corrections, Probation,
Parole and Pardon Services and the State Housing Finance and
Development Authority.
(3) The Governor or his designee.
(4) Other such members as the Council shall deem
appropriate.
The Council shall:
(1) Select a board chairperson on an annual basis to serve as
the Council chairperson; select a chief executive officer on an
annual basis to serve as the Council vice-chairperson.
(2) Meet regularly to provide an opportunity for collaboration
and cooperation among member agencies.
The Council shall have as its goals:
(1) Identify and address priority health and human needs and
promote the availability of responsive resources.
(2) Promote cost-effective, efficient approaches for the
delivery of health and human services which include prevention,
education, reduction of dependency, promotion of self-sufficiency
and delivery of services in the least restrictive, most
appropriate community-based and institutional settings.
(3) Provide coordination between the council members and the
State Health and Human Services Finance Commission in the
development of the comprehensive State Health and Human Services
Plan.
(4) In cooperation with the State Health and Human Services
Finance Commission, coordinate and oversee efforts to integrate
services information among state agencies and between state and
local agencies. (5)Review and monitor service
integration efforts begun by the Human Services Integration
Projects, including:
(a) Developing standards for case management
activities and coordinating with local entities on service
integration efforts, and
(b) Receiving requests for funding of projects
designed to further integration of services, including review and
approval of such projects.
129.26. (Alternate Electronic Funds Transfer System)
There is established a committee to study an alternate electronic
funds transfer system to deliver benefits to qualified recipients.
The committee shall consist of one representative from each of the
following agencies: the South Carolina Department of Social
Services, South Carolina State Health and Human Services Finance
Commission, the State Reorganization Commission, and the State
Treasurer. One member each shall be appointed by the President of
the Senate, the Speaker of the House of Representatives, and the
Governor. The Committee shall provide oversight and monitoring of
the implementation of the alternate electronic benefit transfer
pilot project.
129.27. (Employer Contributions Cost of Agencies) It is
the intent of the General Assembly that the amount so provided to
each agency or institution for employee benefits shall be
sufficient to pay the employer contribution costs of that agency.
The Budget and Control Board is directed to devise a plan for the
expenditure of the funds appropriated for employer contributions
and may require transfers of funds within an agency or institution
if it becomes evident that the employer contribution costs will
exceed the funds available for that purpose.
129.28. (Dual Employment) Any employee who is approved
for dual employment must be paid in a timely manner. The
secondary agency is required to make payment of funds approved for
and earned under dual employment within forty-five days of the
beginning of the employment.
129.29. (Payroll Schedule & Compensation Restrictions)
Except as otherwise provided in this Act, all appropriations for
compensation of State Employees shall be paid in twice-monthly
installments to the person holding such position. In order to
provide a regular and permanent schedule for payment of employees,
it is hereby established that the payroll period shall begin on
June 2, 1991, with the first pay period ending on June 16, 1991.
The payroll period shall continue thereafter on a twice-monthly
schedule as established by the Budget and Control Board. It is the
intent of the General Assembly that this schedule, thus
established, will continue from one fiscal year to another without
interruption, on a twice-monthly basis. The Budget and Control
Board is authorized to approve any changes to this schedule where
circumstances are deemed justifiable.
The appropriated salaries for specified positions shall mean
the maximum compensation for such position, except as specifically
provided in other provisions of this act, and in any case where
the head of any department can secure the services for a
particular position or work at a lower rate than the salary
specified in this Act, authority for so doing is hereby given.
No employee of any state department or institution shall be
paid any compensation from any other department of the state
government except those approved under the provisions of
Regulation 19-702.09 of the 1976 Code, as amended, and no employee
of any department or institution shall be paid travel expenses by
any other department or institution without approval of the agency
by which he is regularly employed. The Comptroller General shall
report, after June thirtieth of each year, to the House Ways and
Means Committee and the Senate Finance Committee the names of all
employees receiving dual compensation and the amounts received.
The provisions of Regulation 19-707.02 and Section 8-5-10 of
the 1976 Code, as amended, shall not apply to employees hired for
120 days or less.
129.30. (Contracts - Private Individuals) Agencies of
the state may contract with private individuals for personnel
services for periods not to exceed twelve months and for amounts
of less than $60,000, notwithstanding any other provision of law.
129.31. (Discrimination Policy) It is the policy of the
State of South Carolina to recruit, hire, train, and promote
employees without discrimination because of race, color, sex,
national origin, age, religion or physical disability. This policy
is to apply to all levels and phases of personnel within state
government, including but not limited to recruiting, hiring,
compensation, benefits, promotions, transfers, layoffs, recalls
from layoffs, and educational, social, or recreational programs.
It is the policy of the State to take affirmative action to remove
the disparate effects of past discrimination, if any, because of
race, color, sex, national origin, age, religion or physical
disability.
Each state agency shall submit to the State Human Affairs
Commission employment and filled vacancy data by race and sex by
October 31, of each year.
In accordance with Section 1-13-110 of the South Carolina Code
of Laws of 1976, as amended, the Human Affairs Commission shall
submit a report on the status of State Agencies' Affirmative
Action Plans and Programs to the General Assembly by February 1
each year. This report shall contain the total number of persons
employed in each job group, by race and sex, at the end of the
preceding reporting period, a breakdown by race and sex of those
hired or promoted from within the agency during the reporting
period, and an indication of whether affirmative action goals were
achieved.
For each job group referenced in the Human Affairs report,
where the hiring of personnel does not reflect the percentage
goals established in the agency's affirmative action plan for the
year in question, the State agency shall submit a detailed
explanation to the Human Affairs Commission by February 15,
explaining why goals were not achieved.
The Human Affairs Commission shall review the explanations and
notify the Budget and Control Board of any agency not in
satisfactory compliance with meeting its stated goals.
The Budget and Control Board shall notify any agency not in
compliance that their request for additional appropriations for
the current appropriation cycle, may not be processed until such
time as the Budget and Control Board, after consultation with the
Human Affairs Commission, is satisfied that the agency is making
a good faith effort to comply with its affirmative action plan,
and that the compliance must be accomplished within a reasonable
length of time to be determined by the mission and circumstances
of the agency. This requirement shall not affect additional
appropriation requests for public assistance payments or aid to
entities.
This section does not apply to those agencies that have been
exempted from the reporting requirements of the Human Affairs
Commission.
129.32. (RIF, Recall Procedures, Residency Preference)
Notwithstanding any other provision of law, the Budget and Control
Board shall be responsible for coordinating the placement of all
state employees who are terminated because of a reduction-in-force
resulting from reduced personal service funding and shall issue
such administrative procedures as necessary to carry out the
intent of this proviso. When a vacancy occurs in a state agency,
or when an agency acts to fill a new position as listed and
italicized in the Appropriation Act, the agency shall implement
the recall provisions of their reduction-in-force procedure and
plan concerning its employees who have been terminated as a result
of a reduction-in-force. State agencies shall give priority
consideration to those employees who have been terminated from any
other state agency as a result of this reduction-in-force and who
were formerly employed in the same classification, classification
series, or position category as the vacancy or the new position
listed in this act. Notwithstanding any other provision of law,
when a vacancy occurs in a state agency, other than institutions
of higher education, or when an agency acts to fill a new
position, the agency shall give preference to residents of this
State, if the two are equally qualified for the vacancy or new
position.
129.33. (Temporary Grant Funded Positions)
Notwithstanding any other provision of law or this Act, state
agencies and institutions may, at their discretion, hire employees
to fill temporary grant positions specified in federal grants,
public charity grants, private foundation grants, and research
grants approved or authorized by the appropriate state authority
in accordance with the following provisions:
A. Only those funds authorized within the approved federal
grant, public charity grant, private foundation grant, or research
grant can be used to pay the salaries and/or benefits of temporary
grant employees hired under this provision.
B. Temporary grant positions, employees, and the conditions of
their employment shall be reported in accordance with provisions
developed by the Division of Human Resource Management of the
Budget and Control Board.
C. Positions established under this provision must be limited
to and must not exist beyond the duration of the grant or any
subsequent renewal of it. When the grant or any subsequent renewal
ends, temporary grant employees must be terminated and their
positions will cease to exist. Temporary grant employees will be
exempt from the provisions of Sections 8-17-310 through 8-17-380
of the 1976 Code, as amended. State agencies and institutions must
terminate all temporary grant positions at any time funding upon
which the grant is based is terminated or is insufficient to
continue payments under the conditions of the grant.
D. Temporary grant employees may be eligible for the same
benefits, excluding permanent or probationary employment status,
available to permanent state employees provided that such funds
are available within the grant.
E. Temporary grant employees shall be deemed to be employed at
will. The temporary grant employee shall not be entitled to any
compensation beyond the date of termination, other than for such
part of the grant that has been performed.
F. Discretionary determinations by a state agency or
institution as to whether to hire an employee pursuant to this
proviso are final and not subject to administrative or judicial
appeal.
129.34. (Personal Service Reconciliation, 9 Month
Vacancies) The General Assembly expresses its continuing concern
over the control of the number of personnel employed by the State
of South Carolina. This concern is evidenced in the 1980 Public
Employment Report of the United States Bureau of Census. It is
further declared to be the intent of the General Assembly to
continue to take positive steps to control and restrict the number
of personnel employed in the future, without unduly hampering the
legitimate functions of state government.
In order to obtain the necessary control over the number of
employees, the Budget and Control Board is hereby directed to
maintain close supervision over the number of state employees, and
to require specifically the following:
1. That no state agency exceed the total authorized number of
full-time equivalent positions funded from State, Federal, or
other sources as provided in each section of this Act except by
majority vote of the Budget and Control Board after review and
comment by the Joint Legislative Committee on Personal Service
Financing and Budgeting. Specific written confirmation of such
majority approval shall be forwarded to the Joint Appropriations
Review Committee in the event that any agency is allowed to exceed
the number of positions authorized in this Act.
2. That the State Budget Division shall maintain and make, as
necessary, periodic adjustments thereto, an official record of the
total number of authorized full-time equivalent positions by
agency categorized by State, Federal, or other funding sources and
shall provide a certified duplicate of such record to the Joint
Legislative Committee on Personal Service Financing and Budgeting
and to the Joint Appropriations Review Committee. The State Budget
Division shall submit monthly reports to the Joint Legislative
Committee on Personal Service Financing and Budgeting and the
Joint Appropriations Review Committee and such reports shall
include any changes in the authorized number of full-time
equivalent positions, the number of filled and vacant positions
and any other data requested by the committees.
(a) That within thirty (30) days of the passage of the
Appropriation Act or by August 1, whichever comes later, each
agency of the State must have established on the Budget and
Control Board records all positions authorized in the Act. After
that date, the Board shall delete any non established positions
immediately from the official record of authorized full-time
equivalent positions. No positions shall be established by the
Board in excess of the number authorized in the Board record of
authorized full-time equivalent positions.
(b) By September 30, the Board shall prepare a
personal service detail, by agency, which shows each position
established for the fiscal year and the amount of funds required,
by source of funds, to support the position for the fiscal year at
a funding level of 100% and the Board shall then reconcile each
agency's personal service detail with the agency's personal
service appropriation as contained in the Act adjusted for any pay
increases, and any other factors necessary to reflect the agency's
personal service funding level. The Board shall provide a copy of
each agency's personal service reconciliation to the Joint
Legislative Committee on Personal Service Financing and Budgeting.
(c) Any position which is shown by the reconciliation
to be unfunded or significantly underfunded may be deleted at the
direction of the Budget and Control Board and the Joint
Legislative Committee on Personal Service Financing and Budgeting.
(d) Full-time equivalent (FTE) positions shall be
determined under the following guidelines:
1. The annual work hours for each FTE shall be the agency's
full-time standard annual work hours.
2. The State FTE shall be derived by multiplying the state
percentage of budgeted funds for each position by the FTE for that
position.
3. All institutions of higher education shall use a
value of 0.75 FTE for each position determined to be full-time
faculty with a duration of nine (9) months. The FTE method of
accounting shall be utilized for all authorized positions.
3. That the number of positions authorized in this Act shall be
reduced in the following circumstances:
(a) Upon request by an agency.
(b) When anticipated federal funds are not made avail
able.
(c) When the Budget and Control Board, through study or
analysis, becomes aware of any unjustifiable excess of positions
in any state agency. 4.The Budget and Control Board shall
annually reconcile personal service funds with full-time employee
count to determine unfunded positions which should be eliminated.
The Budget and Control Board must report their findings to the
Senate Finance Committee and the Ways and Means Committee by
February 1 of the current fiscal year.
5. That no new permanent positions in state government shall be
funded by appropriations in acts supplemental to this Act but
temporary positions may be so funded.
6. The provisions of this section shall not apply to personnel
exempt from the State Classification and Compensation Plan under
Item I of Section 8-11-260 of the 1976 Code.
The Budget and Control Board, in making their appropriation
recommendations to the Ways and Means Committee, must provide that
the level of personal service appropriation recommended for each
agency is at least 95% of the funds required to meet 100% of the
funds needed for the full-time equivalents positions recommended
by the Board (exclusive of new positions).
129.35. (Allowance for Residences & Compensation
Restrictions) That salaries paid to officers and employees of the
State, including its several boards, commissions, and institutions
shall be in full for all services rendered, and no perquisites of
office or of employment shall be allowed in addition thereto, but
such perquisites, commodities, services or other benefits shall be
charged for at the prevailing local value and without the purpose
or effect of increasing the compensation of said officer or
employee. The charge for these items may be payroll deducted at
the discretion of the Comptroller General or the chief financial
officer at each agency maintaining its own payroll system. This
shall not apply to the Governor's Mansion, nor for
department-owned housing used for recruitment and training of
Mental Health Professionals, nor to guards at any of the State's
penal institutions and nurses and attendants at the Department of
Mental Health, and the Department of Mental Retardation, and
registered nurses providing clinical care at the MUSC Medical
Center, nor to the Superintendent and staff of John de la Howe
School, nor to the cottage parents and staff of Wil Lou Gray
Opportunity School, nor to full-time or part-time staff who work
after regular working hours in the SLED Communications Center or
Maintenance Area, nor to the Directors of John G. Richards Campus,
Willow Lane Campus, and the Reception and Evaluation Center at the
Department of Youth Services nor to the Residence Dormitory
Director and the Assistant Residence Director at the Governor's
School for Science and Mathematics. The Presidents of those State
institutions of higher learning authorized to provide on-campus
residential facilities for students may be permitted to occupy
residences on the grounds of such institutions without charge.
Any state institution of higher learning may provide a housing
allowance to the President in lieu of a residential facility, the
amount to be approved by the Budget and Control Board.
That the following may be permitted to occupy residences owned
by the respective Departments without charge: the Commissioner of
the Department of Corrections, the State Commissioner of Mental
Health, the Farm Director, Farm Managers, and Specialists employed
at the Wateree River Correctional Institution, Walden
Correctional Institution, MacDougall Youth Correctional Center,
and Givens Youth Correctional Center; the S. C. State Commission
of Forestry fire tower operators, forestry aides, and caretaker at
central headquarters; the S. C. Wildlife and Marine Resources
Department's Game Management Personnel, Fish Hatchery
Superintendents, Lake Superintendent, and Fort Johnson
Superintendent; the Department of Parks, Recreation and Tourism
field personnel in the State Parks Division; the Agricultural Aide
at the Department of Youth Services Farm; Director of Wil Lou Gray
Opportunity School; President of the School for the Deaf and
Blind; house parents for the Commission for the Blind; Director of
the Physical Plant at Winthrop College and Farm Superintendent at
Winthrop College; S.C. Department of Health and Environmental
Control personnel at the State Park Health Facility and Camp Burnt
Gin; Assistant Director of Residence Life and a student counselor
at Lander College; Clemson University's Head Foot ball Coach; the
Department of Mental Retardation physicians and other
professionals at Whitten Center, Clemson University Off-Campus
Agricultural Staff and Housing Area Coordinators; and University
of South Carolina's Manager of Bell Camp Facility, Housing
Maintenance Night Supervisors, Residence Life Directors, temporary
and transition employees, and emergency medical personnel. Except
in the case of elected officials, the fair market rental value of
any residence furnished to a State Employee shall be reported by
the State Agency furnishing the residence to the State Auditor and
the Joint Legislative Committee on Personal Service Financing and
Budgeting by October 1, of each fiscal year.
All salaries paid by departments and institutions shall be in
accord with a uniform classification and compensation plan,
approved by the Budget and Control Board, applicable to all
personnel of the State Government whose compensation is not
specifically fixed in this act. Such plan shall include all
employees regardless of the source of funds from which payment for
personal service is drawn. Academic personnel of the institutions
of higher learning and other individual or group of positions that
cannot practically be covered by the plan may be excluded
therefrom but their compensations as approved by the Division of
Human Resource Management shall, nevertheless, be subject to
review by the Budget and Control Board. Salary appropriations for
employees fixed in this Act shall be in full for all services
rendered, and no supplements from other sources shall be permitted
or approved by the State Budget and Control Board. With the
exception of travel and subsistence, legislative study committees
shall not compensate any person who is otherwise employed as a
full-time state employee. Salaries of the heads of all agencies of
the State Government shall be specifically fixed in this Act and
no salary shall be paid any agency head whose salary is not so
fixed. The source of compensation for any position in the State
Government shall not be changed without approval of the Budget and
Control Board. Commuter mileage on non-exempt state vehicles shall
be considered as income and reported by the Comptroller General in
accordance with IRS regulations. State agencies and institutions
shall be allowed to spend public funds on employee plaques,
certificates, and other similar recognition events, up to the
limit of $50 for each individual, provided that no such award is
monetary, and that total expenditures of public funds for such
awards by each state agency or institution do not exceed $1,000
per every 1,000 employees.
129.36. (MUSC Hospital Services Rates) The Board of the
Medical University of South Carolina shall provide hospital
services to state employees and officials of state government at a
rate not to exceed the payment rates to hospitals provided by the
employee's insurance program(s). Private physician fees,
psychiatry, and all dental are not included.
129.37. (Health Programs for Agency Heads - MUSC, USC)
The Medical University of South Carolina and the School of
Medicine of the University of South Carolina shall develop health
programs for agency heads. The programs shall be submitted to the
Budget and Control Board for approval, after which the Board may
authorize the agency or institution to pay, on behalf of the
agency head, one-half of the cost, provided that the amount to be
paid by the agency shall not exceed $250. Where the agency or
institution is located in an area other than Columbia or
Charleston, the Budget and Control Board may approve an alternate
health plan for the agency head and may authorize payment by the
agency which is consistent with payments to the Medical University
or the University of South Carolina.
129.38. (University & Colleges - Allowance for
Presidents) Presidents of the University of South Carolina,
Clemson University, the Medical University of South Carolina,
The Citadel, Winthrop College, South Carolina State College,
Francis Marion College, College of Charleston, and Lander
College must not be paid a fixed allowance for personal expenses
incurred in connection with the performance of their official
duties. Reimbursements may be made to the Presidents from funds
available to their respective institutions for any personal
expenses incurred provided that all requests for reimbursement are
supported by properly documented vouchers processed through the
normal accounting procedures of the institutions.
129.39. (Replacement of Personal Property) The
Department of Youth Services, Department of Corrections,
Probation, Parole and Pardon Services, Department of Mental
Health, Department of Mental Retardation and School for the Deaf
and Blind may replace the personal property of an employee which
has been damaged or destroyed by a client while in custody of the
agency. The replacement of personal property may be made only if
the loss has resulted from actions by the employee deemed to be
appropriate and in the line of duty by the agency head and if the
damaged or destroyed item is found by the agency head to be
reasonable in value, and necessary for the employee to carry out
the functions and duties of his employment. Replacement of damaged
or destroyed items shall not exceed $250 per item, per incident.
Each agency must have guidelines to insure the reasonableness of
the replacement payments.
129.40. (Law Enforcement Officer - Retiree Weapon Pur
chase) All state employees, who are commissioned law enforcement
officers upon retirement, if vested, may purchase their assigned
weapon at a nominal fee.
129.41. (Agency Head Business Expense Reimbursement)
Agency heads may receive reimbursements for business expenses
incurred while performing their official duties, provided that
receipts are presented when seeking reimbursement and
justification is submitted to document the time, place, and
purpose of the expense as well as the names of the individuals
involved. The Budget and Control Board shall promulgate
regulations governing these expenses.
129.42. (Per Diem) The per diem allowance of all
boards, commissions and committees shall be at the rate of Thirty-
five ($35) Dollars per day. No full-time officer or employee of
the State shall draw any per diem allowance for service on such
boards, commissions or committees.
129.43. (Travel - Spouse of Governor & Lt. Governor)
Notwithstanding any other provision of law, the spouses of the
Governor and the Lieutenant Governor of the State are authorized
to receive reimbursement of actual expenses when accompanying the
Governor or the Lieutenant Governor on official state business.
129.44. (Travel - Subsistence Expenses) Travel and
subsistence expenses, whether paid from State appropriated,
Federal, local or other funds, shall be allowed in accordance with
the following provisions:
A. Unless otherwise provided in paragraphs B through H
of this section, all employees of the State of South Carolina or
any agency thereof including employees and members of the
governing bodies of each technical education center while
traveling on the business of the State shall, upon presentation of
a paid receipt, be allowed reimbursement for actual expenses
incurred for lodging. Agencies may contract with lodging
facilities to pay on behalf of an employee. Failure to maintain
proper control of direct payments for lodging may result in the
revocation of the agency's authority by the Comptroller General or
the State Auditor. The employee shall also be reimbursed for the
actual expenses incurred in the obtaining of meals except that
such costs shall not exceed ($20) per day within the State of
South Carolina. For travel outside of South Carolina the maximum
daily reimbursement for meals shall not exceed ($32). Agencies may
contract with food or dining facilities to pay for meals on behalf
of employees in accordance with rules and regulations established
by the Budget and Control Board. It shall be the responsibility of
the agency head to monitor the charges for lodging which might be
claimed by his employees in order to determine that such charges
are reasonable, taking into consideration location, purpose of
travel or other extenuating circumstances. The provisions of this
item shall not apply to Section 42-3-40 of the 1976 Code.
B. That employees of the State, when traveling outside
the United States, Canada, and Puerto Rico upon promotional
business for the State of South Carolina shall be entitled to
actual expenses for both food and lodging.
C. The Governor, Lieutenant Governor, Secretary of State,
Comptroller General, Attorney General, State Treasurer, Adjutant
General, Superintendent of Education and the Commissioner of
Agriculture shall be reimbursed actual expenses for subsistence.
D. Non-legislative members of committees appointed pursuant
to Acts and Resolutions of the General Assembly whose membership
consists solely of members of the General Assembly or members of
the General Assembly and other personnel who are not employees of
the State of South Carolina shall be allowed subsistence expenses
of $35 per day while traveling on official business. Members of
such committees may opt to receive actual expenses incurred for
lodging and actual expenses incurred in the obtaining of meals in
lieu of the allowable subsistence expense.
E. Members of the State Boards, Commissions, or Commit tees
whose duties are not full-time and who are paid on a per diem
basis, shall be allowed reimbursement for actual expenses incurred
at the rates provided in Paragraph A and I of this Section while
away from their places of residence on official business of the
State. One person accompanying a handicapped member of a State
Board, Commission, or Committee on official business of the State
shall be allowed the same reimbursement for actual expenses
incurred at the rates provided in Paragraph A through I of this
Section.
F. No subsistence reimbursement shall be allowed to a
Justice of the Supreme Court or Judge of the Court of Appeals
while traveling in the county of his official residence. When
traveling on official business of said court within 40 miles
outside the county of his official residence, a Supreme Court
Justice and a Judge of the Court of Appeals shall be allowed
subsistence expenses in the amount of $35 per day plus such
mileage allowance for travel as is provided for other employees of
the State. When traveling on official business of said Court 40 or
more miles outside the county of his official residence, each
Justice and Judge of the Court of Appeals shall be allowed
subsistence expenses in the amount as provided in this Act for
members of the General Assembly plus such mileage allowance for
travel as is provided for other employees of the State. The Chief
Justice, or such other person as he designates, while at tending
the Conference of Chief Justices and one member of the Supreme
Court while attending the National Convention of Appellate Court
Judges, and three Circuit Judges while at tending the National
Convention of State Trial Judges shall be allowed actual
subsistence and travel expenses.
Upon approval of the Chief Justice, Supreme Court Justices,
Judges of the Court of Appeals, Circuit Judges, and Family Court
Judges shall be reimbursed for actual expenses incurred for all
other official business requiring out-of-state expenses at the
rate provided in paragraph A of this section.
G. No subsistence reimbursements are allowed to a
Circuit Judge or a Family Court Judge while holding court within
the county in which he resides. While holding court or on other
official business outside the county, but within the circuit in
which he resides and within fifty miles of his residence, a
Circuit Court Judge or Family Court Judge is entitled to a
subsistence allowance in the amount of $35 per day. While holding
court or on other official business within his circuit at a
location fifty miles or more from his residence or without his
circuit, a Circuit Court or Family Court Judge is entitled to a
subsistence allowance in the amount as provided in this Act for
members of the General Assembly.
H. Any retired Justice, Circuit Court Judge or Family
Court Judge or Master-in-Equity appointed by the Supreme Court to
serve as a Special Circuit Judge, Family Court Judge, Appeals
Court Judge, or Acting Associate Justice shall serve without pay
but shall receive the same allowance for subsistence, expenses,
and mileage as provided in Part I for Circuit Court Judges.
I. No expense shall be allowed an employee either at
his place of residence or at the official headquarters of the
agency by which he is employed except as provided in paragraph E,
of this section. When an employee is assigned to work a particular
territory or district, and such territory or district and his
official headquarters are in different localities or sections of
the State, expenses may be allowed for the necessary travel to his
official headquarters. The members of the Workers' Compensation
Commission, Public Service Commission and the Employment Security
Commission may be reimbursed at the regular mileage rate of one
round trip each week from their respective homes to Columbia. No
subsistence reimbursement shall be allowed to a member of the
Workers' Compensation Commission, Public Service Commission or the
Employment Security Commission while traveling in the county of
his official residence. When traveling on official business of the
Commission within 50 miles outside the county of his official
residence, a member of the Workers' Compensation Commission,
Public Service Commission or the Employment Security Commission
shall be allowed subsistence expenses in the amount of $35 per
day. When traveling on official business of the Commission 50 or
more miles outside the county of his official residence, each
member shall be allowed a subsistence expense in the amount of $50
per day.
J. When an employee of the State shall use his or her
personal automobile in traveling on necessary official business, a
charge of 25.5 cents per mile will be allowed for the use of such
automobile and the employee shall bear the expense of supplies and
upkeep thereof. Whenever State provided motor pool vehicles are
reasonably available and their use is practical and an employee of
the State shall request for his own benefit to use his or her
personal vehicle in traveling on necessary official business, a
charge of 21.5 cents per mile will be allocated for the use of
such vehicle and the employee shall bear the expense of supplies
and upkeep thereof. When such travel is by a State-owned
automobile, the State shall bear the expense of supplies and
upkeep thereof but no mileage will be allowed. Agencies and
employees are directed to use State fueling facilities to the
maximum extent possible, when such use is cost beneficial to the
State. When using commercial fueling facilities, operators of
State-owned vehicles are directed to use self-service pumps. In
traveling on the business of the State, employees are required to
use the most economical mode of transportation, due consideration
being given to urgency, schedules and like factors.
Mileage between an employee's home and his/her place of
employment is not subject to reimbursement. However, when an
employee leaves on a business trip directly from his/her home, and
does not go by the employee's headquarters, the employee shall be
eligible for reimbursement for actual mileage beginning at his/her
residence.
K. That a State agency may advance travel and
subsistence expense monies to employees of that agency for the
financing of ordinary and necessary travel required in the
conducting of the business of the agency. The Budget and Control
Board is directed to develop and publish rules and regulations
pertaining to the advancing of travel expenses and no State agency
shall make such advances except under the rules and regulations as
published. All advances for travel and subsistence monies shall
be repaid to the agency within thirty (30) days after the end of
the trip or by the end of the fiscal year, whichever comes first.
L. That the State institutions of higher learning are
authorized to reimburse reasonable relocation expenses for new
employees when such reimbursements are considered by the agency
head to be essential to successful recruitment of professionally
competent staff members.
M. The State Budget and Control Board is authorized to
promulgate and publish rules and regulations governing travel and
subsistence payments.
129.45. (Asbestos Litigation Funds) All funds involved
in the settlement of asbestos litigation cases, with the exception
of those funds involving the University of South Carolina system
and Clemson University, must be deposited into an interest bearing
account in the State Treasurer's Office entitled "Asbestos Expense
Trust Account". The University of South Carolina system and
Clemson University must deposit all funds involved in the
settlement of asbestos litigation into separate institutional
interest bearing accounts entitled "Asbestos Expense Trust
Account", with each institution's name appropriately captioned in
their respective accounts, to be maintained in the State
Treasurer's Office. These accounts shall only be used for
expenses relating to asbestos litigation, asbestos abatement, or
other asbestos related expenses or projects. Such projects must be
approved by the Budget and Control Board after re view by the
Joint Bond Review Committee.
129.46. (State Port Authority Funds - Rent) Any funds
derived by the State Port Authority from the rental, lease or sale
of any of its facilities shall be expended for the benefit of the
particular Port where such facilities are located.
129.47. (Rental Charges, Collections - State Offices)
Subsection (a). The Budget and Control Board is hereby
directed to assess and collect a rental charge from all
departments and agencies of the State Government occupying space
in State-controlled office buildings. The amount charged each
department or agency shall be calculated on a square foot, or
other equitable basis of measurement, and at such rates as will
yield sufficient total annual revenue to cover, unless the Budget
and Control Board determines other wise, in priority order, both
(1) the annual principal and interest due on the Capital
Improvement Obligations authorized by Act No. 829 of the 1964
Acts, Act No. 1273 of the 1970 Acts and Act No. 508 of the 1971
Acts and Act No. 1377 of the 1968 Acts as amended for projects
administered by the Division of General Services and (2)
maintenance and operation costs of State-controlled office
buildings in the City of Columbia. The amount so collected which
is applicable to the payment of principal and interest due on
obligations authorized by Act 1377 of the 1968 Acts as amended
shall be paid into the State's General Fund to apply on debt
service appropriations under the Section 119 of this Act.
Subsection (b). All departments and agencies against
which rental charges are assessed and whose operations are
financed in whole or in part by Federal and/or other non
appropriated funds are directed to apportion the payment of such
charges equitably among all such funds, so that each shall bear
its proportionate share. All appropriations in this Act applicable
to the rental of space in State controlled buildings (exclusive of
the Department of High ways and Public Transportation), shall be
available only for payment of that portion of rental charges
applicable to State-appropriated operations.
Subsection (c). Rental collections shall be deposited
by the Budget and Control Board in the State Treasury in a special
account and shall be expended only for (1) payment of principal
and interest due on the obligations referred to in Subsection (a)
above and (2) maintenance and operations costs of the buildings
referred to in Subsection (a) above.
129.48. (Annual Report - Efficiency & Effectiveness
Measures) Each agency of state government shall include in their
annual report to the General Assembly a listing of agency programs
in order of priority importance to the mission of the agency. The
reports shall further contain efficiency and effectiveness
measures regarding the performance of each agency program,
including measures which compare actual performance for the fiscal
year being reported to the actual performance of the previous
fiscal year. The Budget and Control Board shall develop uniform
criteria for the efficiency and effectiveness measures to be
included in the report. Each agency is further required to include
the following conference information in the annual report: a list
of all conferences organized by the agency's employees; the
purpose of each conference; the dates and location of each
conference; the number of employees from each state agency
attending each conference and the total cost of each conference.
129.49. (Organizations Receiving State Appropriations
Report) Each organization receiving a contribution in this Act
shall render to the state agency making the contribution by
November 1 of the fiscal year in which funds are received, an
accounting of how the State funds will be spent, a copy of the
adopted budget for the current year, and also a copy of the
organization's most recent operating financial statement. The
funds appropriated in this Act for contributions shall not be
expended until the required financial statements are filed with
the appropriate state agency. No funds in this Act shall be
disbursed to organizations or purposes which practice
discrimination against persons by virtue of race, creed, color or
national origin. The State Auditor shall review and audit, if
necessary, the financial structure and activities of each
organization receiving contributions in this Act and make a report
to the General Assembly of such review and/or audit, when
requested to do so by the Budget and Control Board.
129.50. (Federal Block Grant Audit Report) The
Legislative Audit Council, the State Auditor, the House Ways and
Means Committee, the State Reorganization Commission and the
Senate Finance Committee shall be furnished a copy of each audit
report issued by a Federal Audit Agency within fifteen days from
the date of receipt by the State Agency. The State Auditor shall
periodically furnish a list of such re ports to each member of the
General Assembly and to the Joint Appropriations Review Committee.
The State Auditor will provide a copy of each Federal Block Grant
Audit Report to the Joint Appropriations Review Committee to
comply with provisions of the Omnibus Budget Reconciliation Act of
1981.
129.51. (Information Technology - Report of Requested
Increases) The Budget and Control Board, through the Information
Technology Planning Process of the Division of Research and
Statistical Services, is authorized and directed to identify all
expenditures and requested increases for information technology
for Agencies, Institutions or Departments, with the exception of
colleges and universities, compile the request into one report,
evaluate and place priorities on each request, and recommend
funding levels. No agency shall commit to expend more funds for
information technology than allocated to the agency for the
purpose without first receiving an approved transfer of such funds
from other budget items.
129.52. (Lump Sum Agencies Expenditure Report)
Beginning July 1, 1991, all lump-sum agencies shall prepare
quarterly their fiscal year-to-date expenditures in a format in
which their expenditures can be compared to the appropriations
contained in this act. These reports are due 30 days after the end
of each quarter and shall be submitted to the Budget Division of
the Budget & Control Board, Ways and Means Committee and Senate
Finance Committee.
129.53. (Printing Costs Disclosure on State
Publications) All agencies using appropriated funds shall print on
the last page of all bound publications the following information:
(1) Total Printing Cost
(2) Total Number of Documents Printed
(3) Cost Per Unit
The President Pro Tempore of the Senate, the Speaker of the
House, Legislative Printing and Information Technology Resource,
the Presidents of each institution of higher education, and the
State Board for Technical and Comprehensive Education may exempt
from this requirement, documents published by their respective
agencies.
Publications of public relations nature, produced by Parks,
Recreation and Tourism, and the State Development Board are exempt
from this requirement.
129.54. (Cost Study - Post Office Zip Plus Four) All
agencies are directed to assist the U. S. Post Office in a cost
study of the savings which may be realized through the use of the
zip plus four system.
129.55. (PORS Retirees Salary $10,500 Limit)
Notwithstanding the provisions of subsections (1) and (2) of
Section 9-11-90, a retired member of the System may return to
employment covered by the System and earn up to ten thou sand five
hundred dollars a fiscal year without affecting the monthly
retirement allowance he is receiving from the System. If the
retired member continues in service after having earned ten
thousand five hundred dollars in a fiscal year, his retirement
allowance must be discontinued during the period of service in the
remainder of the fiscal year. If the employment continues for at
least forty-eight consecutive months, the provisions of Section
9-1-1590 apply. The provisions of this section do not apply to an
employee or member of the System who has retired mandatorily
because of age pursuant to Section 9-1-1530.
129.56. (SCRS Retirees Salary $10,500 Limit)
Notwithstanding any other provision of law, a retired member of
the System may return to employment covered by the System and earn
up to ten thousand five hundred dollars a fiscal year without
affecting the monthly retirement allowance he is receiving from
the System. If the retired member continues in service after
having earned ten thousand five hundred dollars in a fiscal year,
his retirement allowance must be discontinued during his period of
service in the remainder of the fiscal year. If the employment
continues for at least forty-eight consecutive months, the
provisions of Section 9-1-1590 apply. The provisions of this
section do not apply to an employee or member of the System who
has retired mandatorily because of age pursuant to Section
9-1-1530.
129.57. (State Owned Aircrafts - Maintenance Logs)
Each agency having in its custody one or more aircraft shall
maintain a continuing log on all flights, which shall be open for
public inspection. Any and all aircraft owned or operated by
agencies of the State Government shall be used only for official
business. The Aeronautics Commission and other agencies owning
and operating aircraft may furnish transportation to the Governor,
Constitutional Officers, members of the General Assembly, members
of state boards, commissions, and agencies and their invitees for
official business only; no member of the General Assembly, no
member of a state board, commission or committee, and no state
official shall use any aircraft of the Aeronautics Commission
unless the member or official files within forty-eight hours after
the time of departure of the flight with the Aeronautics
Commission a sworn statement certifying and describing the
official nature of his trip; and no member of the General
Assembly, no member of a state board, commission or committee, and
no state official shall be furnished air transportation by a state
agency other than the Aeronautics Commission unless such agency
prepares and maintains in its files a sworn statement from an
appropriate official of the agency certifying that the member's or
state official's trip was in conjunction with the official
business of the agency. Official business shall not include
routine transportation to and from meetings of the General
Assembly or committee meetings for which mileage is authorized.
All logs shall be signed by the parties using the flight and
the signatures shall be maintained as part of the permanent record
of any agency. All passengers shall be listed on the flight log by
their legal name; passengers flying with an appropriate official
of SLED or the State Development Board whose confidentiality must,
in the opinion of SLED or the Board, be protected shall be listed
in writing on the flight log as "Confidential Passenger of SLED or
State Development Board (strike one)" and the appropriate official
of SLED or the Board shall certify to the agency operating the
aircraft the necessity for such confidentiality.
Violation of the above provisions of this section is prima
facie evidence of a violation of Section 8-13-410(1) of the 1976
Code and shall subject a violating member of the General Assembly
to the ethics procedure of his appropriate house and shall subject
a violating member of a state board, commission or committee, or a
state official to the applicable ethics procedure relating to them
as provided by law.
The above provisions do not apply to aircraft of the
Aeronautics Commission when used by the Medical University of
South Carolina, nor to aircraft of the athletic department or the
educational foundations of any state-supported institution of
higher education.
Aircraft owned by agencies of state government shall not be
leased to individuals for their personal use.
129.58. (Aircraft - Purchased, Leased,
Leased-Purchased) No aircraft will be purchased or leased or
leased-purchased for more than a 30 day period for any state
agency without the authorization of the State Budget and Control
Board and the Joint Bond Review Committee.
129.59. (Confiscated Air or Water Craft)
Notwithstanding any other provision of law, any aircraft and
watercraft confiscated or seized under the provisions of Act 185
of 1979 may be used by a governmental agency, at the discretion
and approval of the Budget and Control Board.
129.60. DELETED
129.61. DELETED
129.62. DELETED
129.63. DELETED
129.64. DELETED
129.65. (SHIMS) Notwithstanding any provision of law,
the South Carolina Department of Highways and Public
Transportation shall contribute an amount not to exceed twenty-
five million dollars from revenues generated by Sections
12-27-1210, 12-27-1220, 12-27-1230 and 12-27-1240 of the 1976 Code
of Laws of South Carolina after July 1, 1992, to the general fund
of this state for payment of debts incurred from damages resulting
from Hurricane Hugo. The purpose of the imposition of the taxes
imposed pursuant to Section 12-27-1210 through Section 12-27-1240,
to the extent of the contribution made, is to be for the purpose
of payment of debts incurred by the State as a result of Hurricane
Hugo. The contribution must be made on or before August 31, 1992,
and to the extent the revenues generated pursuant to Section
12-27-1210 through Section 12-27-1240 beginning on July 1, 1992,
are insufficient to make the determined contribution, revenues
collected prior to July 1, 1992, from these sources may be
borrowed to complete the amounts specified, provided they are
replenished from collections received from these revenue sources
after the date of the contribution.
* 129.66. (Legal Fees/Reapportionment) A detailed
report of all legal fees or other funds paid by or on behalf of
the Office of the Governor, the Office of the Lieutenant Governor,
the State Senate, or the State House of Representatives to any
person relating to reapportionment must be sent to the President
Pro Tempore and the Speaker of the House of Representatives. Legal
fees or other costs paid to any per son relating to
reapportionment means all funds paid to any person, from whatever
source, to obtain legal or technical advice, consultation, or
other services to create, draw, re vise, or review reapportionment
plan(s) or any and all payments made in preparation for or in
anticipation of litigation, as well as, the actual costs relating
to litigation concerning State House of Representatives, State
Senate, and Congressional district lines. Any person means an
individual, partnership, firm, corporation, or other entity. Any
funds which have been paid or will be paid to a state employee
need not be reported, unless it is an amount in ex cess of the
employee's regular or normal salary paid by the State or any of
its subdivisions. Each report must include the person paid, the
services rendered, and the specific dates and time for which these
costs were incurred. Each report must also include and specify any
expenses paid to or on behalf of or reimbursed to or on behalf of
any person governed by the provisions of this section. The first
report must be submitted by July 2, 1992, and updated quarterly
thereafter. If no funds are expended in a quarter, a report so
indicated must be filed.
*See note at end of act.
*129.67. (Restructuring Expenses Report) The Governor and the
Co-chairs of the South Carolina Commission on Government
Restructuring must report all expenses incurred in Fiscal Year
1991-92 relating to the operation of the Commission, the report
issued by the Commission, and any expenses incurred by the
Commission to promote the concept of restructuring state
government. The Governor and Lieutenant Governor must also
report expenses incurred in Fiscal Year 1991-92 by their
respective office relating to the effort to promote the concept of
restructuring state government, whether or not these expenses are
directly related to the operation of the Commission. These
expenses shall include, but are not limited to, the cost of
consulting contracts or other contractual agreements, meeting
expenses, per diem, subsistence,
*See note at end of act.
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