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S. 841
STATUS INFORMATION
General Bill
Sponsors: Senators McConnell, Moore, Martin, Drummond, Ritchie, Ford, Courson, Richardson, Malloy, Kuhn, Ryberg, Leatherman, Thomas, Rankin, Fair, Land, Giese, Gregory, Peeler, Setzler, J. Verne Smith, Alexander and Cromer
Document Path: l:\council\bills\dka\3680sd04.doc
Introduced in the Senate on January 15, 2004
Currently residing in the Senate Committee on Judiciary
Summary: Restructuring of state government, codification
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/15/2004 Senate Introduced and read first time SJ-8
1/15/2004 Senate Referred to Committee on Judiciary SJ-8
3/23/2004 Senate Committee report: Majority favorable with amend.,
minority unfavorable Judiciary SJ-14
5/18/2004 Senate Recommitted to Committee on Judiciary SJ-36
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 23, 2004
S. 841
Introduced by Senators McConnell, Moore, Martin, Drummond, Ritchie, Ford, Courson, Richardson, Malloy, Kuhn, Ryberg, Leatherman, Thomas, Rankin, Fair, Land, Giese, Gregory, Peeler, Setzler, J. Verne Smith, Alexander and Cromer
S. Printed 3/23/04--S.
Read the first time January 15, 2004.
To whom was referred a Bill (S. 841) to amend Section 1-1-110, Code of Laws of South Carolina, 1976, relating to officers constituting the Executive Department, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. Section 2-13-240(a) of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:
"(a) Sets of the Code of Laws of South Carolina, 1976, shall be distributed by the Legislative Council as follows:
(1) Governor, three;
(2) Lieutenant Governor, two;
(3) Secretary of State, three;
(4) Treasurer, one;
(5) Attorney General, fifty;
(6) Adjutant General, one;
(7) Comptroller General, two;
(8) Superintendent of Education, two;
(9) Commissioner of Agriculture, two;
(10) each member of the General Assembly, one;
(11) office of the Speaker of the House of Representatives, one;
(12) Clerk of the Senate, one;
(13) Clerk of the House of Representatives, one;
(14) each committee room of the General Assembly, one;
(15) each member of the Legislative Council, one;
(16) Code Commissioner, one;
(17) Legislative Council, ten;
(18) Supreme Court, fourteen;
(19) Court Administration Office, five;
(20) each circuit court judge, one;
(21) each circuit court solicitor, one;
(22) each family court judge, one;
(23) each county court judge, one;
(24) Administrative Law Judge Division, nine;
(25) College of Charleston, one;
(26) The Citadel, two;
(27) Clemson University, three;
(28) Francis Marion College, one;
(29) Lander College, one;
(30) Medical University of South Carolina, two;
(31) South Carolina State College, two;
(32) University of South Carolina, four;
(33) each regional campus of the University of South Carolina, one;
(34) University of South Carolina Law School, forty-six;
(35) Winthrop College, two;
(36) each technical college or center, one;
(37) each county governing body, one;
(38) each county clerk of court and register of deeds where such offices are separate, one;
(39) each county auditor, one;
(40) each county coroner, one;
(41) each county magistrate, one;
(42) each county master in equity, one;
(43) each county probate judge, one;
(44) each county public library, one;
(45) each county sheriff, one;
(46) each public defender, one;
(47) each county superintendent of education, one;
(48) each county treasurer, one;
(49) Library of Congress, three;
(50) United States Supreme Court, one;
(51) each member of Congress from South Carolina, one;
(52) each state library which furnishes this State a free set of its Code of Laws, one;
(53) Division of Aeronautics of the Department of Commerce Transportation, one;
(54) Department of Alcohol and other Drug Abuse Services, one RESERVED;
(55) Department of Archives and History, one;
(56) Board of Bank Control, one;
(57) Commissioner of Banking, one;
(58) Budget and Control Board:
(a) Auditor, six Executive Director, two;
(b) General Services Division, six Auditor, three;
(c) Personnel Division, one Statehouse, Legislative and Judicial Facilities Operations Division, two;
(d) Research and Statistical Services Division, one Budget and Analyses Division; one;
(e) Retirement System Division, one;
(f) Insurance and Grants Services Division, one;
(g) Procurement Services Division, one;
(h) Strategic Planning and Operations Division, one;
(i) Internal Audit and Performance Review Division, one;
(j) Office of State Chief Information Officer, one;
(59) Children's Bureau, one RESERVED;
(60) Department of Consumer Affairs, one;
(61) Department of Corrections, two;
(62) Criminal Justice Academy, one;
(63) Department of Commerce, five;
(64) Employment Security Commission, two;
(65) Ethics Commission, one;
(66) Forestry Commission, one;
(67) Department of Health and Environmental Control, five
(67A) Department of Health and Human Services:
(a) Division of Administration, one;
(b) Division of Behavioral Health Services, two;
(c) Division of Human Services, five;
(d) Division of Advocacy and Service Coordination, three;
(68) Department of Transportation, five;
(69) Department of Public Safety, five;
(70) Human Affairs Commission, one;
(71) Workers' Compensation Commission, seven;
(72) Department of Insurance, two;
(73) Department of Juvenile Justice and Aftercare, one;
(74) Department of Labor, Licensing and Regulation, two;
(75) South Carolina Law Enforcement Division, four;
(76) Legislative Audit Council, one;
(77) State Library, three;
(78) Department of Mental Health, three RESERVED;
(79) Department of Disabilities and Special Needs, five;
(80) Ports Authority, one;
(81) Department of Probation, Parole and Pardon, two;
(82) Public Service Commission, three;
(83) Department of Social Services, two RESERVED;
(84) Department of Revenue, six;
(85) Board for Technical and Comprehensive Education, one;
(86) Veterans' Affairs Division of the Governor's office, one;
(87) Vocational Rehabilitation, one;
(88) Department of Natural Resources, four;
(89) Department of Administration, five."
SECTION 1. Chapter 30, Title 1 of the 1976 Code, as last amended by Act 51 of 2003, is further amended to read:
"Section 1-30-10. (A) There are hereby created, within the executive branch of the state government, the following departments:
1. Department of Agriculture
2. Department of Alcohol and Other Drug Abuse Services
3. Department of Commerce
4. Department of Corrections
5. Department of Disabilities and Special Needs
6. Department of Education
7. Department of Health and Environmental Control
8. Department of Health and Human Services
9. Department of Insurance
10. Department of Juvenile Justice
11. Department of Labor, Licensing, and Regulation
12. Department of Mental Health
13. Department of Natural Resources
14. Department of Parks, Recreation and Tourism
15. Department of Probation, Parole, and Pardon Services
16. Department of Public Safety
17. Department of Revenue
18. Department of Social Services
19. Department of Transportation
a. Department of Administration
b. Department of Agriculture
c. Department of Commerce
d. Department of Corrections
e. Department of Disabilities and Special Needs
f. Department of Education
g. Department of Health and Environmental Control
h. Department of Health and Human Services
i. Department of Insurance
j. Department of Juvenile Justice
k. Department of Labor, Licensing and Regulation
l. Department of Motor Vehicles
m. Department of Natural Resources
n. Department of Parks, Recreation and Tourism
o. Department of Probation, Parole and Pardon Services
p. Department of Public Safety
q. Department of Revenue
r. Department of Transportation
(B)(1) The governing authority of each department shall be either:
(i) a director, and in the case of the Department of Commerce, the or a secretary, who must be appointed by the Governor with the advice and consent of the Senate, subject to removal from office by the Governor pursuant to provisions of Section 1-3-240(B); or,
(ii) a seven member board to be appointed and constituted in a manner provided for by law; or,
(iii) in the case of the Department of Agriculture and the Department of Education, the State Commissioner of Agriculture and the State Superintendent of Education, respectively, elected to office under the Constitution of this State.
(2) In making appointments to boards and an appointment for a governing authority of a department directors, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State; however, consideration of these factors in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. The Governor in making the appointments provided for by this section shall endeavor to appoint individuals who have demonstrated exemplary managerial skills in either the public or private sector.
(C)(1) Each department shall be organized into appropriate divisions subdivisions by the governing authority of the department through further consolidation or further subdivision. The power to organize and reorganize the department supersedes any provision of law to the contrary pertaining to individual divisions; provided, however, the into divisions lies with the General Assembly in furtherance of its mandate pursuant to Article XII of the South Carolina Constitution. The dissolution of any division must receive legislative approval by authorization included in the annual general appropriations act likewise be statutorily approved by the General Assembly.
Any other approval procedures for department reorganization in effect on the effective date of this act no longer apply.
(2) Notwithstanding the provisions of subsection (C)(1), the Department of Health and Human Services is organized pursuant to Section 1-30-50, Chapter 6, Title 44, and as otherwise provided by law.
(D) The governing authority of a department is vested with the duty of overseeing, managing, and controlling the operation, administration, and organization of the department. The governing authority has the power to create and appoint standing or ad hoc advisory committees in its discretion or at the direction of the Governor to assist the department in particular areas of public concern or professional expertise as is deemed appropriate. Such committees shall serve at the pleasure of the governing authority and committee members shall not receive salary or per diem, but shall be entitled to reimbursement for actual and necessary expenses incurred pursuant to the discharge of official duties not to exceed the per diem, mileage, and subsistence amounts allowed by law for members of boards, commissions, and committees.
(E) The governing authority of a department director may appoint deputy directors to head the divisions of their department, with each deputy director managing one or more of the divisions; in the case of the Department of Commerce, the Secretary of Commerce may appoint a departmental executive director and also may appoint directors to manage the various divisions of the Department of Commerce and in the case of the Department of Health and Human Services, the Secretary shall appoint undersecretaries to manage the divisions within the Department of Health and Human Services. In making appointments race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State; however, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. Deputy directors serve at the will and pleasure of the department director. The deputy director of a division is vested with the duty of overseeing, managing, and controlling the operation and administration of the division under the direction and control of the department director and performing such other duties as delegated by the department director.
(F)(1) In the event a vacancy should occur occurs in the office of department director the department's governing authority at a time when the General Assembly is not in session, the Governor may temporarily fill the vacancy pursuant to Section 1-3-210.
(2) Notwithstanding the provisions of subitem (F)(1), as of July 1, 1993, for each department created pursuant to the provisions of this act which must be governed by a single director, an initial interim director shall serve as the governing authority, serving until January 31, 1994. During that period the following departments must be governed by the director or interim director of the following agencies as of June 30, 1993:
(i) Department of Corrections, created pursuant to Section 1-30-30, by the director of the former Department of Corrections;
(ii) Department of Juvenile Justice created pursuant to Section 1-30-60, by the interim director of the former Department of Youth Services;
(iii) Department of Probation, Parole, and Pardon Services created pursuant to Section 1-30-85 by the director of the former Department of Probation, Pardon and Parole;
(iv) Department of Social Services created pursuant to Section 1-30-100, by the director of the former Department of Social Services;
(v) Department of Parks, Recreation and Tourism created pursuant to Section 1-30-80, by the director of the former Department of Parks, Recreation and Tourism;
(vi) Department of Commerce created pursuant to Section 1-30-25, by the Executive Director of the former State Development Board;
(vii) Department of Alcohol and Other Drug Abuse Services created pursuant to Section 1-30-20, by the director of the former South Carolina Commission on Alcohol and Drug Abuse.
(3) As of December 1, 1993, the Governor must submit to the Senate the names of appointees to the permanent department directorships for those departments created on July 1, 1993 and February 1, 1994. If no person has been appointed and qualified for a directorship as of February 1, 1994, the Governor may appoint an interim director to serve pursuant to the provisions of (F)(1).
(4) Notwithstanding provisions of (2) and (3) to the contrary, the initial interim director of the Department of Public Safety shall be appointed by the Budget and Control Board. The initial interim director may be appointed as the permanent director of the department by the Governor.
(G)(1) Department and agency governing authorities must, no later than the first day of the 1994 2005 legislative session and every twelve months thereafter for the following three years, submit to the Governor and General Assembly reports giving detailed and comprehensive recommendations for the purposes of merging or eliminating duplicative or unnecessary divisions, programs, or personnel within each department to provide a more efficient administration of government services. If an agency or department has no recommendations for restructuring of divisions, programs, or personnel, its report must contain a statement to that effect. Upon their receipt by the President of the Senate and the Speaker of the House, these reports must be referred as information to the standing committees of the respective bodies most jurisdictionally related in subject matter to each agency. Alternatively, the House and Senate may provide by rule for the referral of these reports. Thereafter, The Governor shall must periodically consult with the governing authorities of the various departments and upon such consultation, the Governor shall must submit a report of any restructuring recommendations to the General Assembly for its review and consideration.
(2) The Governor shall report to the General Assembly no later than the second Tuesday in January of 1994, his recommendation for restructuring the following offices and divisions presently under his direct supervision, and as to how each might be restructured within other appropriate departments or divisions amended by this act:
(i) Office of Executive Policy and Programs;
(ii) Office of Energy Programs;
(iii) Office of Personnel and Program Services;
(iv) Office of Research;
(v) Division of Health;
(vi) Division of Economic Opportunity;
(vii) Division of Economic of Development;
(viii) Division of Ombudsman and Citizens' Services;
(ix) Division of Education;
(x) Division of Natural Resources;
(xi) Division of Human Services.
Department and agency governing authorities must, no later than the first day of the 2005 legislative session, and every three years thereafter, submit to the Governor and the General Assembly a three-year plan that provides initiatives and/or planned actions that implement cost savings and increased efficiencies of services and responsibilities within the projected three-year period.
(H) Department governing authorities must submit to the General Assembly by the first day of the 1994 legislative session and every five years thereafter a mission statement that must be approved by the General Assembly by Joint Resolution. Reserved
Section 1-30-15. Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Agriculture:
Department of Agriculture, formerly provided for at Section 46-39-10, et seq.
Section 1-30-20. (A) Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Alcohol and Other Drug Abuse Services:
(A)(1) South Carolina Commission on Alcohol and Drug Abuse, formerly provided for at Section 44-49-10, et seq.;
(B)(2) Drug-free Schools and Communities Program in the Governor's Office, provided for under grant programs.
(B) Effective on July 1, 2004, the Department of Alcohol and Other Drug Abuse Services, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the department and these entities, except for those subdivisions specifically included or transferred to another department or division, is transferred to the Department of Health and Human Services, Division of Behavioral Health Services, Bureau of Alcohol and Other Drug Abuse Services, and all powers, duties, obligations, and responsibilities of the Department of Alcohol and Other Drug Abuse Services are devolved upon the Bureau of Alcohol and Other Drug Abuse Services.
Section 1-30-22. (A) Effective January 1, 2005, the following divisions, offices, programs, or components are transferred to and incorporated in the Department of Administration, which shall be a department of the executive branch of state government headed by a director appointed by the Governor as provided in Section 1-30-10(B)(1)(i):
(1) the Division of General Services of the Budget and Control Board;
(2) the Office of Energy in the Insurance and Grants Services Division of the Budget and Control Board;
(3) the Office of Administrative Services of the Office of the Governor.
(B) Effective January 1, 2005, the Office of State Inspector General in the Department of Administration is established in Chapter 8 of Title 1.
(C) Each transferred office must be maintained as a distinct component of the Department of Administration. Any funds appropriated to a distinct component of the department must not be transferred to another component. Any funds appropriated to the department, and not to a distinct component of the department, may be used at the discretion of the director.
(D) Where the provisions of this act transfer offices, or portions thereof, of the Budget and Control Board or the Office of the Governor to the Department of Administration, the employees, authorized appropriations, and assets and liabilities of the transferred offices are also transferred to and become part of the Department of Administration. All classified or unclassified personnel employed by these offices on the effective date of this section, either by contract or by employment at will, shall become employees of the Department of Administration, with the same compensation, classification, and grade level, as applicable. The Executive Director of the Budget and Control Board and the Office of the Governor shall cause all necessary actions to be taken to accomplish this transfer.
(E) Regulations promulgated by these transferred offices as they formerly existed under the Budget and Control Board or Office of the Governor are continued and are considered to be promulgated by these offices under the newly created Department of Administration.
(F)(1) As used in this subsection:
(a) 'immediate family' means a person who is:
(i) a spouse;
(ii) a child residing in the same household; or
(iii) claimed as a dependent for income tax purposes
(b) 'vendor' means a person or entity who provides or proposes to provide goods or services in excess of an aggregate amount of four hundred thousand dollars to the department pursuant to a contract or contracts for one or more projects within a fiscal year, but does not include an employee of the division, a state agency, or an instrumentality of the State. The term includes a corporation whose shares are traded publicly and which is the parent company of the contracting party in a procurement contract.
(2) A vendor must not pay, give, or otherwise make available anything of value in violation of provisions of the South Carolina Ethics Reform Act. A person who violates the act is subject to the provisions of Sections 11-35-4220 and 11-35-4230.
(3) A vendor who has entered into the competitive solicitation process for a contract or contracts or who has been awarded a contract or contracts with the department shall not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office, to a political party, as defined in Section 8-13-1300(26), or to a committee, as defined in Section 8-13-1300(6), during the competitive solicitation process or during the term of the contract or contracts.
(4) The prohibition in item (3) specifically applies to the officer or board member of a vendor, holders of an interest in a vendor of more than ten percent, and their immediate family members.
Section 1-30-25. (A) Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Commerce to be initially divided into divisions for Aeronautics, Advisory Coordinating Council for Economic Development, State Development, Public Railways, and Savannah Valley Development:
(A)(1) South Carolina Aeronautics Commission, formerly provided for at Section 55-5-10, et seq. Reserved;
(B)(2) Coordinating Council for Economic Development, formerly provided for at Section 41-45-30, et seq.;
(C)(3) Savannah Valley Authority, formerly provided for at Section 13-9-10, et seq.;
(D)(4) State Development Board, including the South Carolina Film Office, formerly provided for at Section 13-3-10, et seq., except that the department must make reasonable rules and promulgate reasonable regulations to ensure that funds made available to film projects through its Film Office are budgeted and spent so as to further the following objectives:
(1)(a) stimulation of economic activity to develop the potentialities of the State;
(2)(b) conservation, restoration, and development of the natural and physical, the human and social, and the economic and productive resources of the State;
(3)(c) promotion of a system of transportation for the State, through development and expansion of the highway, railroad, port, waterway, and airport systems;
(4)(d) promotion and correlation of state and local activity in planning public works projects;
(5)(e) promotion of public interest in the development of the State through cooperation with public agencies, private, enterprises, and charitable and social institutions;
(6)(f) encouragement of industrial development, private business, commercial enterprise, agricultural production, transportation, and the utilization and investment of capital within the State;
(7)(g) assistance in the development of existing state and interstate trade, commerce, and markets for South Carolina goods and in the removal of barriers to the industrial, commercial, and agricultural development of the State;
(8)(h) assistance in ensuring stability in employment, increasing the opportunities for employment of the citizens of the State, devising ways and means to raise the living standards of the people of the State; and
(9)(i) enhancement of the general welfare of the people;
(E)(5) South Carolina Public Railways Commission, formerly provided for at Section 58-19-10, et seq.
Section 1-30-30. Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Corrections:
Department of Corrections, formerly provided for at Section 24-1-10, et seq.
Section 1-30-35. Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Disabilities and Special Needs to be initially divided into divisions for Mental Retardation, Head and Spinal Cord Injury, and Autism; provided, however, that the board of the former Department of Mental Retardation as constituted on June 30, 1993, and thereafter, under the provisions of Section 44-19-10, et seq., shall be the governing authority for the department.
(A)(1) Department of Mental Health Autism programs, formerly provided for at Section 44-9-10, et seq.;
(B)(2) Head and Spinal Cord Injury Information System, formerly provided for at Section 44-38-10, et seq.;
(C)(3) Department of Mental Retardation, formerly provided for at Section 44-19-10, et seq.
Section 1-30-40. (A) Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Education:
State Department of Education, provided for at Section 59-5-10, et seq.
(B) Effective on July 1, 2004, First Steps to School Readiness, as provided for in Section 59-152-10 et. seq., including all allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with this entity, except for those subdivisions specifically included or transferred to another department or division, are transferred to the Department of Education, Bureau of First Steps to School Readiness, and all powers, duties, obligations, and responsibilities of this entity are devolved upon the Department of Education, Bureau of First Steps School Readiness.
(C) Regulations promulgated by these transferred offices as they formerly existed are continued and are considered to be promulgated by these offices under the newly created Department of Education.
Section 1-30-45. Effective on July 1, 1994, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Health and Environmental Control and to include a coastal division:
(A)(1) Department of Health and Environmental Control, formerly provided for at Section 44-1-10, et seq.;
(B)(2) South Carolina Coastal Council, formerly provided for at Section 48-39-10, et seq.;
(C)(3) State Land Resources Conservation Commission regulatory division, formerly provided for at Section 48-9-10, et seq.;
(D)(4) Water Resources Commission regulatory division, formerly provided for at Section 49-3-10, et seq.
Section 1-30-50. (A) Effective on July 1, 1995, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Health and Human Services:
Department of Health and Human Services Finance Commission, formerly provided for at Section 44-6-10, et seq.
(B) Effective on July 1, 2004, the following agencies, boards, and commissions, including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with these agencies, boards, commissions, and these entities, except for those subdivisions specifically included or transferred to another department, are transferred to the Department of Health and Human Services, and all powers, duties, obligations, and responsibilities of these agencies, boards, and commissions are devolved upon the Department of Health and Human Services:
(1) Department of Health and Human Services, as constituted in subsection (A);
(2) Department of Alcohol and Other Drug Abuse Services, as formerly constituted in Section 1-30-20(A);
(3) Department of Mental Health, as formerly constituted in Section 1-30-70(A);
(4) Department of Social Services, as formerly constituted in Section 1-30-100(A);
(5) State Aging Network, as may be provided for in law or otherwise;
(6) Division of Aging, as formerly constituted in Section 1-30-110(A);
(7) Division for the Review of Foster Care of Children, as formerly constituted in Section 1-30-110(A);
(8) Reserved;
(9) Continuum of Care of Emotionally Disturbed Children, as formerly constituted in Section 1-30-110(A);
(10) Children's Case Resolution System, as formerly provided for in Section 20-7-5230 et seq.;
(11) Long Term Care Ombudsman Program, as formerly provided for in Section 48-38-10 et seq.
(C) Each transferred office must be maintained as a distinct component of the Department of Health and Human Services. Any funds appropriated to a distinct component of the department must not be transferred to another component. Any funds appropriated to the department, and not to a distinct component of the department, may be used at the discretion of the director.
(D) Where the provisions of this act transfer offices, or portions thereof, to the new Department of Health and Human Services, the employees, authorized appropriations, and assets and liabilities of the transferred offices are also transferred to and become part of the Department of Health and Human Services. All classified or unclassified personnel employed by these offices on the effective date of this section, either by contract or by employment at will, shall become employees of the Department of Health and Human Services, with the same compensation, classification, and grade level, as applicable.
(E) Regulations promulgated by these transferred offices as they formerly existed are continued and are considered to be promulgated by these offices under the newly created Department of Health and Human Services.
Section 1-30-55. Effective on July 1, 1995, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Insurance:
Department of Insurance, formerly provided for at Section 38-3-10, et seq.
Section 1-30-60. Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Juvenile Justice:
Department of Youth Services, formerly provided for at Section 20-7-6805, et seq.
Section 1-30-65. Effective on February 1, 1994, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Labor, Licensing, and Regulation to be initially divided into divisions for Labor, State Fire Marshal, and Professional and Occupational Licensing:
(A) Fire Marshal Division of Budget & Control Board, formerly provided for at Section 23-9-10, et seq.;
(B) Department of Labor, formerly provided for at Title 12, Chapter 37; Title 46, Chapter 43; and Title 41, Chapters 1-25;
(C) Professional and Occupational Licensing Boards including:
Accountancy Board, formerly provided for at Section 40-1-10, et seq.;
Architectural Board of Examiners, formerly provided for at Section 40-3-10, et seq.;
Athletic Commission, formerly provided for at Section 52-7-10, et seq.;
Auctioneers Commission, formerly provided for at Section 40-6-10, et seq.;
Barber Examiners Board, formerly provided for at Section 40-7-10, et seq.;
Barrier Free Design Board, formerly provided for at Section 10-5-210, et seq.;
Building Code Council, formerly provided for at Section 6-9-60, et seq.;
Burglar Alarm Business, formerly provided for at Section 40-79-10, et seq.;
Chiropractic Examiners Board, formerly provided for at Section 40-9-10, et seq.;
Contractors Licensing Board, formerly provided for at Section 40-11-10, et seq.;
Cosmetology Board, formerly provided for at Section 40-13-10, et seq.;
Dentistry Board, formerly provided for at Section 40-15-10, et seq.;
Embalmers and Funeral Directors/Funeral Service Board, formerly provided for at Section 40-19-10, et seq.;
Engineers and Land Surveyors Board, formerly provided for at Section 40-21-10, et seq.;
Environmental Systems Operators Board, formerly provided for at Section 40-23-10, et seq.;
Fire Sprinkler Contractors Board, formerly provided for at Section 23-45-10, et seq.;
Foresters Registration Board, formerly provided for at Section 48-27-10, et seq.;
Geologists Registration Board, formerly provided for at Section 40-77-10, et seq.;
Harbor Pilots/Pilotage Commission, formerly provided for at Section 54-15-40, et seq.;
Liquefied Petroleum Gas Board, formerly provided for at Section 39-43-20, et seq.;
Manufactured Housing Board, formerly provided for at Section 40-29-10, et seq.;
Modular Appeals Board, formerly provided for at Section 23-43-50, et seq.;
Nursing Board, formerly provided for at Section 40-33-10, et seq.;
Nursing Home Administrators Board, formerly provided for at Section 40-35-10, et seq.;
Occupational Therapy Board, formerly provided for at Section 40-36-10, et seq.;
Optometry Board, formerly provided for at Section 40-37-10, et seq.;
Opticianry Board, formerly provided for at Section 40-38-10, et seq.;
Pharmacy Board, formerly provided for at Section 40-43-10, et seq.;
Physical Therapy Examiners, formerly provided for at Section 40-45-10, et seq.;
Physicians, Surgeons and Osteopaths/Board of Medical Examiners, formerly provided for at Section 40-47-10, et seq.;
Podiatry Examiners, formerly provided for at Section 40-51-10, et seq.;
Professional Counselors, Marital and Family Therapists, formerly provided for at Section 40-75-10, et seq.;
Psychology Board of Examiners, formerly provided for at Section 40-55-20, et seq.;
Pyrotechnic Safety Board, formerly provided for at Section 40-56-10, et seq.;
Real Estate Commission regulating Real Estate Brokers, Counsellors Counselors, Salesmen, Auctioneers, and Property Managers, formerly provided for at Section 40-57-10 et seq., and Real Estate Appraisers Board, formerly provided for at Section 40-60-10 et seq.;
Residential Home Builders Board, formerly provided for at Section 40-59-10, et seq.;
Social Worker Board of Examiners, formerly provided for at Section 40-63-10, et seq.;
Speech/Language Pathology and Audiology Board of Examiners, formerly provided for at Section 40-67-10, et seq.;
Veterinary Medical Examiners, formerly provided for at Section 40-69-10, et seq.
Section 1-30-70. (A) Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Mental Health to include a Children's Services Division and shall include:
Department of Mental Health, provided for at Section 44-9-10, et seq.
(B) Effective on July 1, 2004, the Department of Mental Health, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the department and these entities, except for those subdivisions specifically included or transferred to another department or division, is transferred to the Department of Health and Human Services, Division of Behavioral Health Services, Bureau of Mental Health and all powers, duties, obligations, and responsibilities of the Department of Mental Health are devolved upon the Department of Health and Human Services, Division of Behavioral Health Services, Bureau of Mental Health.
Section 1-30-75. Effective on July 1, 1994, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with the agency, except for those subdivisions specifically included under another department, are transferred to and incorporated in, and must be administered as part of the Department of Natural Resources. The department must be divided initially into divisions for Land Resources and Conservation Districts, Water Resources, Marine Resources, Wildlife and Freshwater Fisheries, and State Natural Resources Enforcement. The South Carolina Wildlife and Marine Resources Commission, as constituted on June 30, 1993, and after that time, under the provisions of Section 50-3-10 et seq. is the governing authority for the department:
(1) Geological Survey of the Research and Statistical Services Division of the Budget and Control Board, to include the State Geologist, formerly provided for at Section 1-11-10, et seq.;
(2) State Land Resources Conservation Commission, less the regulatory division, formerly provided for at Section 48-9-10, et seq.;
(3) South Carolina Migratory Waterfowl Commission, formerly provided for at Section 50-11-20, et seq.;
(4) Water Resources Commission, less the regulatory division, formerly provided for at Section 49-3-10, et seq.;
(5) South Carolina Wildlife and Marine Resources Commission, formerly provided for at Section 50-3-10, et seq.
Section 1-30-80. Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Parks, Recreation and Tourism to include a Parks, Recreation and Tourism Division and Film Division.
Department of Parks, Recreation and Tourism, formerly provided for at Sections 51-1-10, 51-3-10, 51-7-10, 51-9-10 and 51-11-10, et seq.
Section 1-30-85. Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and must be administered as part of the Department of Probation, Parole, and Pardon Services:
Department of Probation, Pardon, and Parole, formerly provided for at Section 24-21-10, et seq.
Section 1-30-90. The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities, as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Public Safety to be initially divided into divisions for Highway Patrol, State Police, and Training and Continuing Education.
(A) Law Enforcement Hall of Fame, formerly provided for in Section 23-25-10, et seq.;
(B) State Highway Patrol, formerly provided for in Section 23-5-10, et seq.;
(C) Public Service Commission Safety Enforcement, formerly provided in Section 58-3-310;
(D) Law Enforcement Training Council, formerly provided for in Section 23-23-30, et seq.;
(E) Public Safety Division, formerly of the Governor's Office.
Section 1-30-95. The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Revenue to be initially divided into divisions for Alcohol Beverage Control and Tax; provided, however, that from July 1, 1993, until February 1, 1995, the governing authority of the department shall be the commissioners of the Tax Commission, as constituted June 30, 1993, and thereafter, pursuant to the provisions of Section 12-3-10, et seq.;
(A) Licensing Division of Alcoholic Beverage Control Commission, formerly provided for at Section 61-1-10, et seq.;
(B) Tax Commission, formerly provided for at Section 12-3-10, et seq.
Section 1-30-100. (A) Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Social Services:
Department of Social Services, formerly provided for at Section 43-1-10, et seq.
(B) Effective on July 1, 2004, the Department of Social Services, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the department and these entities, except for those subdivisions specifically included or transferred to another department or division, is transferred to the Department of Health and Human Services, Division of Human Services, Bureau of Social Services, and all powers, duties, obligations, and responsibilities of the Department of Social Services are devolved upon the Department of Health and Human Services, Division of Human Services, Bureau of Social Services.
Section 1-30-105. (A) Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Transportation to be initially divided into divisions for Mass Transit, Construction and Maintenance, Engineering and Planning, Finance and Administration; provided, however, that the State Highway Commission as constituted on June 30, 1993, under the provisions of Title 56, shall be the governing authority for the department until February 15, 1994, or as soon as its successors are elected or appointed and qualified, whichever is later:
Department of Highways and Public Transportation, except Motor Vehicle Division and State Highway Patrol, formerly provided for at Section 56-1-10, et seq.
(B) Effective on July 1, 2004, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any of these agencies, except for those subdivisions specifically included under another department, are transferred to and incorporated in and must be administered as part of the Department of Transportation to be divided into divisions for Aeronautics, Mass Transit, Construction and Maintenance, Engineering and Planning, and Finance and Administration:
(1) Department of Highways and Public Transportation, except the Motor Vehicle Division and State Highway Patrol, formerly provided for at Section 56-1-10, et seq.;
(2) South Carolina Aeronautics Commission, formerly provided for at Section 55-5-10, et seq.
Section 1-30-110. (A) Effective July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the office of the Governor:
(1) Continuum of Care for Emotionally Disturbed Children provided for at Section 20-7-5610, et seq.;
(2) Guardian Ad Litem Program, formerly provided for at Section 20-7-121, et seq.;
(3) State Office of Victim's Assistance, formerly provided for at Section 16-3-1110, et seq.;
(4) Department of Veterans Affairs, formerly provided for at Section 25-11-10, et seq.;
(5) Commission on Women, formerly provided for at Section 1-15-10, et seq.;
(6) Commission on Aging, formerly provided for at Section 43-21-10, et seq.;
(7) Foster Care Review Board, formerly provided for at Section 20-7-2376, et seq.;
(B) Effective July 1, 2004, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included or transferred to another department, are transferred to and incorporated in and shall be administered as part of the Office of the Governor:
(1) State Office of Victims' Assistance;
(2) Department of Veterans Affairs; and
(3) Commission on Women.
(C) Effective July 1, 2004, the following agencies, boards, and commissions, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with these entities, except for those subdivisions specifically included or transferred to another department or division, are transferred to the Department of Health and Human Services, Division of Advocacy and Coordination of Client Services:
(1) Continuum of Care for Emotionally Disturbed Children; and
(2) Division for the Review of the Foster Care of Children.
(D) Effective July 1, 2004, the following agencies, boards, and commissions, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with these entities, except for those subdivisions specifically included or transferred to another department or division, are transferred to the Department of Health and Human Services, Division of Human Services, Bureau of Senior and Adult Protection Services:
Commission on Aging, formerly provided for at Section 43-21-10, et seq.
(E) Effective July 1, 2004, the following agencies, boards, and commissions, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with these entities, except for those subdivisions specifically included or transferred to another department or division, are transferred to the Attorney General's Office:
Guardian ad Litem Program.
Section 1-30-120. Effective July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the State Law Enforcement Division:
(A) Alcoholic Beverage Control Commission enforcement division, formerly provided for at Section 61-1-60, et seq.;
(B) State Law Enforcement Division, formerly provided for at Section 23-3-10, et seq."
SECTION 1. Section 1-11-20 of the 1976 Code is amended to read:
"Section 1-11-20. (A) The functions of the State Budget and Board shall be are performed, exercised and discharged under the supervision and direction of the Board through three two management entities: (1) the office of Executive Director and (2) the State Auditor; and through eight divisions, the Finance Division (embracing the work of the State Auditor, the former State Budget Commission, the former State Finance Committee and the former Board of Claims for the State of South Carolina), the Purchasing and Property Division (embracing the work of the former Commissioners of the Sinking Fund, the former Board of Phosphate Commissioners, the State Electrician and Engineer, the former Commission on State House and State House Grounds, the central purchasing functions, the former Surplus Procurement Division of the State Research, Planning and Development Board and the Property Custodian) and the Division of Personnel Administration (embracing the work of the former retirement board known as the South Carolina Retirement System and the administration of all laws relating to personnel),: (1) the General Services Division, (2) the Budget and Analyses Division, (3) the Retirement Division, (4) the Insurance and Grants Services Division, (5) the Procurement Services Division, (6) the State Chief Information Officer Division, (7) the Strategic Planning and Operations Division, and (8) the Internal Audit and Performance Review Division. each Each division to consist consists of a director and such the necessary clerical, stenographic, and technical employees as may be necessary, to be employed by the respective directors with the approval of approved by the Board. The State Auditor shall be the director of the Finance Division, ex officio, and the directors of the other divisions shall must be employed by the State Budget and Control Board for such the time and compensation, not greater than the term and compensation for the State Auditor, as shall be fixed by the Board in its judgment.
(B) Notwithstanding subsection (A), as of January 1, 2005, the Division of General Services and the Office of Energy in the Insurance and Grants Services Division are transferred to, and incorporated into, the South Carolina Department of Administration.
(C) On and after January 1, 2005, and subject to the provisions of Section 1-11-22, the Budget and Control Board consists of:
(1) three management entities;
(a) the office of Executive Director;
(b) the State Auditor; and
(c) the Chief Information Officer;
(2) one organizational entity: the Coordinating Council for Cultural and Information Services; and
(3) seven divisions;
(a) Statehouse, Legislative, and Judicial Facilities Operations Division,
(b) the Budget and Analyses Division,
(c) the Retirement Division,
(d) the Insurance and Grants Services Division,
(e) the Procurement Services Division,
(f) the Strategic Planning and Operations Division, and
(g) the Internal Audit and Performance Review Division.
(D) The Cultural and Information Services organizational entity of the Budget and Control Board is established to coordinate the activities of the State Library, The State Museum, the Old Exchange Commission, the Department of Archives and History, the Educational Television Commission, the Arts Commission, and the Confederate Relic Room of the Budget and Control Board."
SECTION 2. Section 1-11-22 of the 1976 Code is amended to read:
"Section 1-11-22. (A) Notwithstanding any other provision of law, the Budget and Control Board may organize its staff as it deems considers most appropriate to carry out the various duties, responsibilities and authorities assigned to it and to its various divisions and management and organizational entities.
(B) To the extent that any statutory provision divides any responsibilities of any division, office, or program of the Budget and Control Board between the board and one or more state agencies, the transfer must not proceed until a realignment plan for the allocation of staff, assets, and resources is prepared and presented by the board's Executive Director, and approved by the board. Upon the board's approval, the office of the Executive Director must provide for the allocation as specified in the realignment plan as soon as practicable.
(C) Notwithstanding any other provision of law, wherever the Budget and Control Board maintains any responsibility related to a program administered by the Department of Administration, whether the responsibility be regulatory, oversight, approval, or other, the board is authorized to expend revenues generated by the programs to support the board's responsibilities related to the programs. The funds may be retained and expended in subsequent fiscal years."
SECTION 3. Chapter 11, Title 1 of the 1976 Code is amended by adding:
"Section 1-11-54. (A) As used in this section:
(1) 'administrative standard' means any requirement imposed by the Department of Administration that is binding upon another state agency;
(2) 'regulation' means any statement of general public applicability that implements or prescribes law or policy or practice requirements of the Department of Administration.
(B) Any administrative standard developed by the Department of Administration must be reviewed and approved by the Budget and Control Board prior to implementation.
(C) Any regulation promulgated by the Department of Administration must be reviewed by the General Assembly as provided in the Administrative Procedures Act, Chapter 23 of Title 1, prior to implementation."
SECTION 4. Sections 1-11-55, 1-11-56, 11-11-57, and 1-11-58, all as added by Act 153 of 1997, are amended to read:
"Section 1-11-55. (1) 'Governmental body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, legislative body, government corporation, or other establishment or official of the executive, judicial, or legislative branches branch of this State. Governmental body excludes the General Assembly, Legislative Council, the Office of Legislative Printing, Information and Technology Systems, the Judicial Department, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts.
(2) The Budget and Control Board South Carolina Department of Administration, Division of General Services, is hereby designated as the single central broker for the leasing of real property for governmental bodies. No governmental body shall enter into any lease agreement or renew any existing lease except in accordance with the provisions of this section.
(3) When any governmental body needs to acquire real property for its operations or any part thereof and state-owned property is not available, it shall notify the Office Division of General Services of its requirement on rental request forms prepared by the office. Such forms shall indicate the amount and location of space desired, the purpose for which it shall be used, the proposed date of occupancy and such other information as General Services may require. Upon receipt of any such request, General Services shall conduct an investigation of available rental space which would adequately meet the governmental body's requirements, including specific locations which may be suggested and preferred by the governmental body concerned. When suitable space has been located which the governmental body and the office division agree meets necessary requirements and standards for state leasing as prescribed in procedures of the board department as provided for in subsection (5) of this section, General Services shall give its written approval to the governmental body to enter into a lease agreement. All proposed lease renewals shall be submitted to General Services by the time specified by General Services.
(4) The board department shall adopt procedures to be used for governmental bodies to apply for rental space, for acquiring leased space, and for leasing state-owned space to nonstate lessees. Before implementation, these procedures must be submitted to the Budget and Control Board for approval.
(5) Any participant in a property transaction proposed to be entered who maintains that a procedure provided for in this section has not been properly followed, may request review of the transaction by the Director director of the Office Division of General Services of the Department of Administration or his designee.
Section 1-11-56. The State Budget and Control Board Department of Administration, Division of General Services, in an effort to ensure that funds authorized and appropriated for rent are used in the most efficient manner, is directed to develop a program to manage the leasing of all public and private space of state agencies. The department must submit regulations for the implementation of this section to the General Assembly as provided in the Administrative Procedures Act, Chapter 23 of Title 1. The board department regulations, upon General Assembly approval, shall include procedures for:
(1) assessing and evaluating agency needs, including the authority to require agency justification for any request to lease public or private space;
(2) establishing standards for the quality and quantity of space to be leased by a requesting agency;
(3) devising and requiring the use of a standard lease form (approved by the Attorney General) with provisions which assert and protect the state's prerogatives including, but not limited to, a right of cancellation in the event of:
(a) a nonappropriation for the renting agency,
(b) a dissolution of the agency, and
(c) the availability of public space in substitution for private space being leased by the agency;
(4) rejecting an agency's request for additional space or space at a specific location, or both;
(5) directing agencies to be located in public space, when available, before private space can be leased;
(6) requiring the agency to submit a multi-year financial plan for review by the board's budget office Budget and Control Board's Office of State Budget with copies sent to Ways and Means Committee and Senate Finance Committee, before any new lease for space is entered into; and requiring prior review by the Joint Bond Review Committee and the requirement of Budget and Control Board approval before the adoption of any new lease that commits more than one million dollars in a five-year period; and
(7) requiring prior review by the Joint Bond Review Committee and the requirement of Budget and Control Board departmental approval before the adoption of any new lease that commits more than one million dollars in a five-year period.
Section 1-11-57. (1) All transactions involving the exchange of title to real property, made for or by any governmental bodies, excluding political subdivisions of the State, must be recommended by the Department of Administration and approved by and recorded with the State Budget and Control Board. Upon approval of an acquisition of title by any governmental body by the Budget and Control Board, there must be recorded simultaneously with the deed, a certificate of acceptance, which acknowledges the board's approval of the acquisition. The county recording authority cannot accept for recording any deed not accompanied by a certificate of acceptance. The board may exempt a governmental body from the provisions of this subsection.
(2) All state agencies, departments, and institutions authorized by law to accept gifts of tangible personal property shall have executed by its governing body an acknowledgment of acceptance prior to transfer of the tangible personal property to the agency, department, or institution.
Section 1-11-58. (1) Every state agency, as defined by Section 1-19-40, shall annually perform an inventory and prepare a report of all residential and surplus real property owned by it. The report shall be submitted to the State Budget and Control Board Department of Administration, Office Division of General Services, on or before June thirtieth and shall indicate current use, current value, and projected use of the property. Property not currently being utilized for necessary agency operations shall be made available for sale and funds received from the sale of the property shall revert to the general fund.
(2) The Office Division of General Services will shall review the annual reports addressing real property submitted to it and determine the real property which is surplus to the State. A central listing of such property will be maintained for reference in reviewing subsequent property acquisition needs of agencies.
(3) Upon receipt of a request by an agency to acquire additional property, the Office Division of General Services shall review the surplus property list to determine if the agency's needs can may be met from existing state-owned property. If such property is identified, the Office division of General Services shall act as broker in transferring the property to the requesting agency under terms and conditions that are mutually agreeable to the agencies involved.
(4) The Budget and Control Board department may authorize the Office Division of General Services to sell any unassigned surplus real property. The Office of General Services division shall have the discretion to determine the method of disposal to be used, which possible methods include: auction, sealed bids, listing the property with a private broker or any other method determined by the Office of General Services division to be commercially reasonable considering the type and location of property involved."
SECTION 5. Section 1-11-65 of the 1976 Code, as last amended by Act 26 of 1989, is further amended to read:
"Section 1-11-65. (A) All transactions involving real property, made for or by any governmental bodies, excluding political subdivisions of the State, must be recommended by the Department of Administration and approved by and recorded with the State Budget and Control Board. Upon approval of the transaction by the Budget and Control Board, there must be recorded simultaneously with the deed, a certificate of acceptance, which acknowledges the board's approval of the transaction. The county recording authority cannot accept for recording any deed not accompanied by a certificate of acceptance. The board may exempt a governmental body from the provisions of this subsection.
(B) All state agencies, departments, and institutions authorized by law to accept gifts of tangible personal property shall have executed by its governing body an acknowledgment of acceptance prior to transfer of the tangible personal property to the agency, department, or institution."
SECTION 6. Section 1-11-70 of the 1976 Code is amended to read:
"Section 1-11-70. All vacant lands and lands purchased by the former land commissioners of the State shall be are subject to the directions of the State Budget and Control Board Department of Administration."
SECTION 7. Sections 1-11-80, 1-11-90, 1-11-100, and 1-11-110 of the 1976 Code are amended to read:
"Section 1-11-80. The State Budget and Control Board, after consultation with the South Carolina Department of Administration, is authorized to grant easements and rights of way to any person for construction and maintenance of power lines, pipe lines, water and sewer lines and railroad facilities over, on or under such vacant lands or marshland as are owned by the State, upon payment of the reasonable value thereof.
Section 1-11-90. The State Budget and Control Board, after consultation with the South Carolina Department of Administration, may grant to agencies or political subdivisions of the State, without compensation, rights of way through and over such marshlands as are owned by the State for the construction and maintenance of roads, streets and highways or power or pipe lines, if, in the judgment of the Budget and Control Board, the interests of the State will not be adversely affected thereby.
Section 1-11-100. Deeds or other instruments conveying such rights of way or easements over such marshlands or vacant lands as are owned by the State shall be executed by the Governor in the name of the State, when recommended by the South Carolina Department of Administration and authorized by resolution of the Budget and Control Board, duly recorded in the minutes and records of such Board and when duly approved by the office of the Attorney General; deeds or other instruments conveying such easements over property in the name of or under the control of State agencies, institutions, commissions or other bodies shall be executed by the majority of the governing body thereof, shall name both the State of South Carolina and the institution, agency, commission or governing body as grantors, and shall show the written approval of the majority of the members of the State Budget and Control Board.
Section 1-11-110. (1) The State Budget and Control Board, after consultation with the South Carolina Department of Administration, is authorized to acquire real property, including any estate or interest therein, for, and in the name of, the State of South Carolina by gift, purchase, condemnation or otherwise.
(2) The State Budget and Control Board, after consultation with the South Carolina Department of Administration, shall make use of the provisions of the Eminent Domain Procedure Act (Chapter 2 of Title 28) if it is necessary to acquire real property by condemnation. The actions must be maintained by and in the name of the Board. The right of condemnation is limited to the right to acquire land necessary for the development of the capitol complex mall in the City of Columbia."
SECTION 8. Section 1-11-180 of the 1976 Code, as added by Act 145 of 1995, is amended to read:
"Section 1-11-180. (A) In addition to the powers granted the Budget and Control Board South Carolina Department of Administration under this chapter or any other provision of law, the board department may:
(1) survey, appraise, examine, and inspect the condition of state property to determine what is necessary to protect state property against fire or deterioration and to conserve the use of the property for state purposes;
(2) approve the destruction or disposal of state agency records;
(3) require submission and approval of plans and specifications for permanent improvements by a state department, agency, or institution before a contract is awarded for the permanent improvement;
(4) approve blanket bonds for a state department, agency, or institution including bonds for state officials or personnel. However, the form and execution of blanket bonds must be approved by the Attorney General;
(5)(3) 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. However, this does not authorize capital expenditures.
(B) The Budget and Control Board South Carolina Department of Administration may must promulgate regulations necessary to carry out this section."
SECTION 9. Chapter 11 of Title 1 of the 1976 Code is amended by adding:
"Section 1-11-185. (A) In addition to the powers granted the Budget and Control Board pursuant to this chapter or another provision of law, the board may require submission and approval of plans and specifications for permanent improvements by a state department, agency, or institution before a contract is awarded for the permanent improvement.
(B) The Budget and Control Board may promulgate regulations necessary to carry out its duties.
(C) The respective divisions of the Budget and Control Board are authorized to provide to and receive from other governmental entities, including other divisions and state and local agencies and departments, goods and services as will in its opinion promote efficient and economical operations. The divisions may charge and pay the entities for the goods and services, the revenue from which must be deposited in the state treasury in a special account and expended only for the costs of providing the goods and services, and those funds may be retained and expended for the same purposes."
SECTION 10. Section 1-11-220 of the 1976 Code is amended to read:
"Section 1-11-220. There is hereby established within the Budget and Control Board, the Division of Motor Vehicle Management headed by a Director, hereafter referred to as the "State Fleet Manager", appointed by and reporting directly to the Budget and Control Board, hereafter referred to as the Board. The Board South Carolina Department of Administration shall develop a comprehensive state Fleet Management Program. The program shall must address acquisition, assignment, identification, replacement, disposal, maintenance, and operation of motor vehicles.
The Budget and Control Board department shall, through their its policies and regulations, seek to achieve the following objectives:
(a) to achieve maximum cost-effectiveness management of state-owned motor vehicles in support of the established missions and objectives of the agencies, boards, and commissions.
(b) to eliminate unofficial and unauthorized use of state vehicles.
(c) to minimize individual assignment of state vehicles.
(d) to eliminate the reimbursable use of personal vehicles for accomplishment of official travel when this use is more costly than use of state vehicles.
(e) to acquire motor vehicles offering optimum energy efficiency for the tasks to be performed.
(f) to insure motor vehicles are operated in a safe manner in accordance with a statewide Fleet Safety Program."
SECTION 11. Section 1-11-225 of the 1976 Code is amended to read:
"Section 1-11-225. The Division of Operations South Carolina Department of Administration shall establish a cost allocation plan to recover the cost of operating the comprehensive statewide Fleet Management Program. The division shall collect, retain, and carry forward funds to ensure continuous administration of the program."
SECTION 12. Section 1-11-250 and 1-11-260, both as last amended by Act 311 of 2002; Section 1-11-270(A) and (B), as last amended by Act 145 of 1995; Sections 1-11-280 and 1-11-290; Section 1-11-300, as last amended by Act 419 of 1998; Section 1-11-310, as last amended by Act 459 of 1996; Section 1-11-320; Section 1-11-335, as added by Act 145 of 1995; and Section 1-11-340 are amended to read:
"Section 1-11-250. For purposes of Sections 1-11-220 to 1-11-330:
(a) 'State agency' means all officers, departments, boards, commissions, institutions, universities, colleges, and all persons and administrative units of state government that operate motor vehicles purchased, leased, or otherwise held with the use of state funds, pursuant to an appropriation, grant or encumbrance of state funds, or operated pursuant to authority granted by the State.
(b) 'Board' means State Budget and Control Board.
(c) 'Department' means the South Carolina Department of Administration.
Section 1-11-260. (A) The Fleet Manager department shall report annually to the Budget and Control Board board and the General Assembly concerning the performance of each state agency in achieving the objectives enumerated in Sections 1-11-220 through 1-11-330 and include in the report a summary of the division's department's efforts in aiding and assisting the various state agencies in developing and maintaining their management practices in accordance with the comprehensive statewide Motor Vehicle Management Program. This report also shall contain recommended changes in the law and regulations necessary to achieve these objectives.
(B) The board department, after consultation with state agency heads, shall promulgate and enforce state policies, procedures, and regulations to achieve the goals of Sections 1-11-220 through 1-11-330 and shall recommend administrative penalties to be used by the agencies for violation of prescribed procedures and regulations relating to the Fleet Management Program.
Section 1-11-270. (A) The board department shall establish criteria for individual assignment of motor vehicles based on the functional requirements of the job, which shall reduce the assignment to situations clearly beneficial to the State. Only the Governor, and statewide elected officials, and agency heads are provided a state-owned vehicle based on their position. Agency heads may be provided a state-owned vehicle if recommended by the department and approved by the Agency Heads Salary Commission.
(B) Law enforcement officers, as defined by the agency head, may be permanently assigned state-owned vehicles by their respective agency head. Agency heads may assign a state-owned vehicle to an employee when the vehicle carries or is equipped with special equipment needed to perform duties directly related to the employee's job, and the employee is either in an emergency response capacity after normal working hours or for logistical reasons it is determined to be in the agency's interest for the vehicle to remain with the employee. No other employee may be permanently assigned to a state-owned vehicle, unless the assignment is cost advantageous to the State under guidelines developed by the State Fleet Manager department. Statewide elected officials, law enforcement officers, and those employees who have been assigned vehicles because they are in an emergency response capacity after normal working hours are exempt from reimbursing the State for commuting miles. Other employees operating a permanently assigned vehicle must reimburse the State for commuting between home and work.
Section 1-11-280. The Board department shall develop a system of agency-managed and interagency motor pools which are, to the maximum extent possible, cost beneficial to the State. All motor pools shall operate according to regulations promulgated by the Budget and Control Board department. Vehicles shall be placed in motor pools rather than being individually assigned except as specifically authorized by the Board department in accordance with criteria established by the Board department. The motor pool operated by the Division of General Services shall be transferred to the Division of Motor Vehicle Management. Agencies utilizing motor pool vehicles shall utilize trip log forms approved by the Board for each trip, specifying beginning and ending mileage and the job function performed.
The provisions of this section shall do not apply to school buses and service vehicles.
Section 1-11-290. The Board department in consultation with the agencies operating maintenance facilities shall study the cost-effectiveness of such facilities versus commercial alternatives and shall develop a plan for maximally cost-effective vehicle maintenance. The Budget and Control Board department shall promulgate rules and regulations governing vehicle maintenance to effectuate the plan.
The State Vehicle Maintenance program shall include:
(a) central purchasing of supplies and parts;
(b) an effective inventory control system;
(c) a uniform work order and record-keeping system assigning actual maintenance cost to each vehicle; and
(d) preventive maintenance programs for all types of vehicles.
All motor fuels shall be purchased from state facilities except in cases where such purchase is impossible or not cost beneficial to the State.
All fuels, lubricants, parts and maintenance costs including those purchased from commercial vendors shall be charged to a state credit card bearing the license plate number of the vehicle serviced and the bill shall include the mileage on the odometer of the vehicle at the time of service.
Section 1-11-300. In accordance with criteria established by the board department, each agency shall develop and implement a uniform cost accounting and reporting system to ascertain the cost per mile of each motor vehicle used by the State under their control. Agencies presently operating under existing systems may continue to do so provided that board approval shall be required and that the existing systems shall be uniform with the criteria established by the board. All expenditures on a vehicle for gasoline and oil shall be purchased in one of the following ways:
(1) from state-owned facilities and paid for by the use of Universal State Credit Cards except where agencies purchase these products in bulk;
(2) from any fuel outlet where gasoline and oil are sold regardless of whether the outlet accepts a credit or charge card when the purchase is necessary or in the best interest of the State; and
(3) from a fuel outlet where gasoline and oil are sold when that outlet agrees to accept the Universal State Credit Card.
These provisions regarding purchase of gasoline and oil and usability of the state credit card also apply to alternative transportation fuels where available. The Budget and Control Board Division of Operations shall adjust the appropriation in Part IA, Section 63B, for "Operating Expenses--Lease Fleet" to reflect the dollar savings realized by these provisions and transfer such amount to other areas of the State Fleet Management Program. The Board department shall promulgate regulations regarding the purchase of motor vehicle equipment and supplies to ensure that agencies within a reasonable distance are not duplicating maintenance services or purchasing equipment that is not in the best interest of the State. The Board department shall develop a uniform method to be used by the agencies to determine the cost per mile for each vehicle operated by the State.
Section 1-11-310. (A) The State Budget and Control Board South Carolina Department of Administration shall purchase, acquire, transfer, replace, and dispose of all motor vehicles on the basis of maximum cost-effectiveness and lowest anticipated total life cycle costs.
(B) The standard state fleet sedan or station wagon must be no larger than a compact model and the special state fleet sedan or station wagon must be no larger than an intermediate model. The director of the Division of Motor Vehicle Management shall determine the types of vehicles which fit into these classes. Only these classes of sedans and station wagons may be purchased by the State for nonlaw enforcement use.
(C) The State shall purchase police sedans only for the use of law enforcement officers, as defined by the Internal Revenue Code. Purchase of a vehicle under this subsection must be concurred in by the director of the Division of Motor Vehicle Management Department of Administration and must be in accordance with regulations promulgated or procedures adopted under Sections 1-11-220 through 1-11-340 which must take into consideration the agency's mission, the intended use of the vehicle, and the officer's duties. Law enforcement agency vehicles used by employees whose job functions do not meet the Internal Revenue Service definition of 'Law Enforcement Officer' must be standard or special state fleet sedans.
(D)(C) All state motor vehicles must be titled to the State and must be received by and remain in the possession of the Division Section of Motor Vehicle Management pending sale or disposal of the vehicle.
(E)(D) Titles to school buses and service vehicles operated by the State Department of Education and vehicles operated by the South Carolina Department of Transportation must be retained by those agencies.
(F)(E) Exceptions to requirements in subsections subsection (B) and (C) must be approved by the director of the Division of Motor Vehicle Management department. Requirements in subsection (B) do not apply to the State Development Board.
(G)(F) Preference in purchasing state motor vehicles must be given to vehicles assembled in the United States with at least seventy-five percent domestic content as determined by the appropriate federal agency.
Section 1-11-320. The Board department shall ensure that all state-owned motor vehicles are identified as such through the use of permanent state-government state government license plates and either state or agency seal decals. No vehicles shall be exempt from the requirements for identification except those exempted by the Board department.
This section shall not apply to vehicles supplied to law enforcement officers when, in the opinion of the Board department after consulting with the Chief of the State Law Enforcement Division, those officers are actually involved in undercover law enforcement work to the extent that the actual investigation of criminal cases or the investigators' physical well-being would be jeopardized if they were identified. The Board department is authorized to exempt vehicles carrying human service agency clients in those instances in which the privacy of the client would clearly and necessarily be impaired.
Section 1-11-335. The respective divisions of the Budget and Control Board and the South Carolina Department of Administration are authorized to provide to and receive from other governmental entities, including other divisions and state and local agencies and departments, goods and services, as will in its opinion promote efficient and economical operations. The divisions may charge and pay the entities for the goods and services, the revenue from which shall be deposited in the state treasury in a special account and expended only for the costs of providing the goods and services, and such funds may be retained and expended for the same purposes.
Section 1-11-340. The Board department shall develop and implement a statewide Fleet Safety Program for operators of state-owned vehicles which shall serve to minimize the amount paid for rising insurance premiums and reduce the number of accidents involving state-owned vehicles. The Board department shall promulgate rules and regulations requiring the establishment of an accident review board by each agency and mandatory driver training in those instances where remedial training for employees would serve the best interest of the State."
SECTION 13. Section 1-11-710 of the 1976 Code is amended to read:
"Section 1-11-710. (A) The Subject to the approval of the State Budget and Control Board, the Department of Administration shall:
(1) make available to active and retired employees of this State and its public school districts and their eligible dependents group health, dental, life, accidental death and dismemberment, and disability insurance plans and benefits in an equitable manner and of maximum benefit to those covered within the available resources.
(2) approve by August fifteenth of each year a plan of benefits, eligibility, and employer, employee, retiree, and dependent contributions for the next calendar year. The board shall devise a plan for the method and schedule of payment for the employer and employee share of contributions. Provided that However, the Department of Administration, subject to the approval of the Budget and Control Board, by July 1 of the current fiscal year, shall develop and implement a plan increasing the employer contribution rates of the State Retirement System to a level adequate to cover the employer's share for the current fiscal year's cost of providing health and dental insurance to retired state and school district employees. The plan must include a method for the distribution of the funds appropriated as provided by law which are designated for retiree insurance and also must include a method for allocating to school districts, excluding EIA funding, sufficient general fund monies to offset the additional cost incurred by these entities in their federal and other fund activities as a result of this employer contribution charge.
The amounts appropriated in this section shall constitute the State's pro rata contributions to these programs except the State shall pay its pro rata share of health and dental insurance premiums for retired state and public school employees for the current fiscal year.
(3) adjust the plan, benefits, or contributions, at any time to insure ensure the fiscal stability of the system.
(4) set aside in separate continuing accounts in the State Treasury, appropriately identified, all funds, state-appropriated and other, received for actual health and dental insurance premiums due. Funds credited to these accounts may be used to pay the costs of administering the health and dental insurance programs and may shall not be used for purposes of other than providing insurance benefits for employees and retirees. A reserve equal to not less than an average of one and one-half months' claims must be maintained in the accounts and all funds in excess of the reserve must be used to reduce premium rates or improve or expand benefits as funding permits.
(B) The board Budget and Control Board may authorize the Insurance Reserve Fund Department of Administration to provide reinsurance, in an approved format with actuarially developed rates, for the operation of the group health insurance or cafeteria plan program, as authorized by Section 9-1-60, for active and retired employees of the State, and its public school districts and their eligible dependents. Premiums for reinsurance provided pursuant to this subsection must be paid out of state appropriated and other funds received for actual health insurance or cafeteria plan premiums due.
(C) Notwithstanding Sections 1-23-310 and 1-23-320 or any other provision of law, claims for benefits under any self-insured plan of insurance offered by the State to state and public school district employees and other eligible individuals must be resolved by procedures established by the board, which shall constitute the exclusive remedy for these claims, subject only to appellate judicial review consistent with the standards provided in Section 1-23-380."
SECTION 14. Chapter 11, Title 1 of the 1976 Code is amended by adding:
Section 1-11-1310. (A) Effective January 1, 2005, without affecting the agencies' existing governing bodies, there is created the Coordinating Council for Cultural and Information Services as an organizational entity in the Budget and Control Board. The membership of the coordinating council consists of the:
(1) Executive Director of the South Carolina Arts Commission;
(2) Director of the South Carolina Department of Archives and History;
(3) Director of the Confederate Relic Room and Museum;
(4) President of South Carolina Educational Television;
(5) Director of the South Carolina State Library;
(6) Director of the South Carolina State Museum; and
(7) Chairman of the Old Exchange Commission.
(B) The chairman of the coordinating council must be elected annually by majority vote of the members. A member is not eligible to serve as chairman until he has served in his agency position for more than one year. The chairmanship of the council must rotate among the members, and a member elected as chairman must not serve successive annual terms.
(C) Staffing for the coordinating council must be provided by the participating agencies.
Section 1-11-1320. (A) No later than February 1, 2005, the coordinating council must meet to organize.
(B) The coordinating council must meet at the call of the chair and at least quarterly, beginning in April of 2005, to discuss ways to enhance the growth and development of the cultural and information services in the State and develop a strategic plan for coordinating activities among the member agencies and consolidating certain services in an effort to avoid duplication and increase efficiency and effectiveness. Following each meeting, the chairman of the coordinating council must make a report to the Executive Director of the Budget and Control Board concerning the plans for coordinated and consolidated activities that the coordinating council is proposing and has implemented.
(C) The coordinating council may request assistance from the Executive Director and staff of the Budget and Control Board and other state cultural resources in order to achieve its objectives.
Section 1-11-1330. The coordinating council must make a consolidated report to the Budget and Control Board concerning plans for coordinating services among the agencies of the coordinating council and at such other times as the Board may require. A copy of any consolidated report must also be submitted to the Chairmen of the Senate Judiciary Committees and the House of Representatives Judiciary Committee.
Section 1-11-1340. (A) The coordinating council shall make recommendations to the General Assembly as to the policies and programs involved in the State's cultural and information services.
(B) This section does not limit an agency's direct access to the General Assembly, and each agency shall offer information as a separate and distinct entity as it relates to the budget process.
Section 1-11-1350. Neither the provisions of Sections 1-11-1310 through 1-11-1350 nor the coordinating council shall infringe upon nor diminish the duties and responsibilities of the governing bodies of the agencies involved."
SECTION 15. Section 2-47-30 of the 1976 Code is amended to read:
"Section 2-47-30. The committee is specifically charged with, but not limited to, the following responsibilities:
(1) To review, prior to approval by the Budget and Control Board, Budget and Analyses Division, the establishment of any permanent improvement project and the source of funds for any such project not previously authorized specifically by the General Assembly.
(2) To study the amount and nature of existing general obligation and institutional bond obligations and the capability of the State to fulfill such obligations based on current and projected revenues.
(3) To recommend priorities of future bond issuance based on the social and economic needs of the State.
(4) To recommend prudent limitations of bond obligations related to present and future revenue estimates.
(5) To consult with independent bond counsel and other nonlegislative authorities on such matters and with fiscal officials of other states to gain in-depth knowledge of capital management and assist in the formulation of short and long-term recommendations for the General Assembly.
(6) To carry out all of the above assigned responsibilities in consultation and cooperation with the executive branch of government and the Budget and Control Board.
(7) To report its findings and recommendations to the General Assembly annually or more frequently if deemed advisable by the committee."
SECTION 16. Section 2-47-56 of the 1976 Code is amended to read:
"Section 2-47-56. Each state agency and institution may accept gifts-in-kind for architectural and engineering services and construction of a value less than two hundred fifty thousand dollars with the approval of the Commission of Higher Education or its designated staff, the Director of the Division of General Services Budget and Control Board, Procurement Services Division, and the Joint Bond Review Committee or its designated staff. No other approvals or procedural requirements, including the provisions of Section 11-35-10, may be imposed on the acceptance of such gifts."
SECTION 17. Chapter 9, Title 3 of the 1976 Code is amended to read:
Section 3-9-10. (a) The Upon review and approval by the Budget and Control Board, the Division of General Services of the State Budget and Control Board South Carolina Department of Administration is authorized to:
(1) To acquire from the United States of America under and in conformance with the provisions of Section 203 (j) of the Federal Property and Administrative Services Act of 1949, as amended, hereafter referred to as the 'act,' such property, including equipment, materials, books, or other supplies under the control of any department or agency of the United States of America as may be usable and necessary for purposes of education, public health or civil defense, including research for any such purpose, and for such other purposes as may now or hereafter be authorized by Federal law;
(2) To warehouse such property; and
(3) To distribute such property within the State to tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges and universities within the State, to other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges and universities which are exempt from taxation under Section 501 (c) (3) of the United States Internal Revenue Code of 1954, to civil defense organizations of the State, or political subdivisions and instrumentalities thereof, which are established pursuant to State law, and to such other types of institutions or activities as may now be or hereafter become eligible under Federal law to acquire such property.
(b) The Division of General Services of the Department of Administration is authorized to receive applications from eligible health and educational institutions for the acquisition of Federal surplus real property, investigate the applications, obtain expression of views respecting the applications from the appropriate health or educational authorities of the State, make recommendations regarding the need of such applicant for the property, the merits of its proposed program of utilization, the suitability of the property for the purposes, and otherwise assist in the processing of the applications for acquisition of real and related personal property of the United States under Section 203 (k) of the act.
(c) For the purpose of executing its authority under this chapter, the Division of General Services is authorized to adopt, amend or rescind rules and regulations and prescribe such requirements as may be deemed necessary; and take such other action as is deemed necessary and suitable, in the administration of this chapter, to assure maximum utilization by and benefit to health, educational and civil defense institutions and organizations within the State from property distributed under this chapter.
(d) The Budget and Control Board is authorized to appoint advisory boards or committees, and to employ such personnel and prescribe their duties as are deemed considered necessary and suitable for the administration of this chapter.
(e) The Director of the Division of General Services of the Department of Administration is authorized to make such certifications, take such action and enter into such contracts, agreements and undertakings for and in the name of the State (including cooperative agreements with any Federal agencies providing for utilization of property and facilities by and exchange between them of personnel and services without reimbursement), require such reports and make such investigations as may be required by law or regulation of the United States of America in connection with the receipt, warehousing and distribution of personal property received by him from the United States of America.
(f) The Division of General Services is authorized to act as clearinghouse of information for the public and private nonprofit institutions, organizations and agencies referred to in subparagraph (a) of this section and other institutions eligible to acquire federal surplus personal property, to locate both real and personal property available for acquisition from the United States of America, to ascertain the terms and conditions under which such property may be obtained, to receive requests from the above-mentioned institutions, organizations and agencies and to transmit to them all available information in reference to such property, and to aid and assist such institutions, organizations and agencies in every way possible in the consummation of acquisitions or transactions hereunder.
(g) The Division of General Services, in the administration of this chapter, shall cooperate to the fullest extent consistent with the provisions of the act, and with the departments or agencies of the United States of America, and shall file a State plan of operation, and operate in accordance therewith, and take such action as may be necessary to meet the minimum standards prescribed in accordance with the act, and make such reports in such form and containing such information as the United States of America or any of its departments or agencies may from time to time require, and it shall comply with the laws of the United States of America and the rules and regulations of any of the departments or agencies of the United States of America governing the allocation, transfer, use or accounting for, property donable or donated to the State.
Section 3-9-20. The Director of the Division of General Services may delegate such power and authority as he deems reasonable and proper for the effective administration of this chapter. The State Budget and Control Board South Carolina Department of Administration may require bond of any person in the employ of the Division of General Services receiving or distributing property from the United States under authority of this chapter.
Section 3-9-30. Any charges made or fees assessed by the Division of General Services for the acquisition, warehousing, distribution or transfer of any property of the United States of America for educational, public health or civil defense purposes, including research for any such purpose, or for any purpose which may now be or hereafter become eligible under the act, shall be limited to those reasonably related to the costs of care and handling in respect to its acquisition, receipt, warehousing, distribution or transfer.
Section 3-9-40. The provisions of this chapter shall not apply to the acquisition of property acquired by agencies of the State under the priorities established by Section 308 (b), Title 23, United States Code, Annotated."
SECTION 18. Section 10-1-30 of the 1976 Code is amended to read:
"Section 10-1-30. The Director of the Division of General Services of the State Budget and Control Board may authorize the use of the State House lobbies, the State House steps and grounds, and other public buildings and grounds in accordance with regulations promulgated by the board. The director shall obtain the approval of the Clerk of the Senate before authorizing any use of the Gressette Building and shall obtain the approval of the Clerk of the House of Representatives before authorizing any use of the Blatt Building. The regulations must contain provisions to insure ensure that the public health, safety, and welfare will be are protected in the use of the areas including reasonable time, place, and manner restrictions and application periods before use. If sufficient measures cannot be taken to protect the public health, safety, and welfare, the director shall deny the requested use. Other restrictions may be imposed on the use of the areas as are necessary for the conduct of business in those areas and the maintenance of the dignity, decorum, and aesthetics of the areas."
SECTION 19. Section 10-1-130 of the 1976 Code is amended to read:
"Section 10-1-130. The trustees or governing bodies of State institutions and agencies may grant easements and rights of way over any property under their control, upon the recommendation of the Department of Administration and the concurrence and acquiescence of the State Budget and Control Board, whenever it appears that such easements will not materially impair the utility of the property or damage it and, when a consideration is paid therefor, any such amounts shall be placed in the State Treasury to the credit of the institution or agency having control of the property involved."
SECTION 20. Sections 10-1-180 and 10-1-190 of the 1976 Code, both as added by Act 145 of 1995, are amended to read:
"Section 10-1-180. The expenditure of funds by any state agency, except the Department of Transportation for permanent improvements as defined in the state budget, is subject to the review and recommendation of the Department of Administration and approval and regulation of the State Budget and Control Board, Budget and Analyses Division. The board shall have authority to allot to specific projects from funds made available for such purposes, such amounts as are estimated to cover the respective costs of such projects, to declare the completion of any such projects, and to dispose, according to law, of any unexpended balances of allotments, or appropriations, or funds otherwise provided for such projects, upon the completion thereof. The approval of the Budget and Control Board is not required for minor construction projects, including renovations and alterations, where the cost does not exceed an amount determined by the Joint Bond Review Committee and the Budget and Control Board.
All construction, improvement, and renovation of state buildings shall comply with the applicable standards and specifications set forth in each of the following codes: The Standard Building Code, The Standard Existing Building Code, The Standard Gas Code, The Standard Mechanical Code, The Standard Plumbing Code and The Standard Fire Prevention Code, all as adopted by the Southern Building Code Congress International, Inc.; and the National Electrical Code NFPA 70, The National Electrical Safety Code-ANSI-C2, The National Fire Protection Association Standard-NFPA 59, all with the code editions, revision years, and deletions as specified in the Manual For Planning and Execution of State Permanent Improvements. The State Engineer shall determine the enforcement and interpretation of the aforementioned codes and referenced standards on state buildings. Any interested local officials shall coordinate their comments related to state buildings through the State Engineer and shall neither delay construction nor delay or deny water, sewer, power, other utilities, or firefighting services. Agencies may appeal to the Director of Office of General Services Budget and Control Board, Procurement Services Division, regarding the application of these codes to state buildings.
Section 10-1-190. As part of the approval process relating to trades of state property for nonstate property, the Budget and Control Board South Carolina Department of Administration is authorized to approve the application of any net proceeds resulting from such a transaction to the improvement of the property held by the board department, subject to the approval of the Budget and Control Board."
SECTION 21. Section 10-7-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 10-7-10. All insurance on public buildings and on the contents thereof of the State and of all institutions supported in whole or in part by the State shall be carried by the State Budget and Control Board, Insurance and Grants Services Division. Any building or buildings, and the contents thereof, owned by the Department of Transportation may be insured by the State Budget and Control Board, with the consent or approval of such board, or the Department of Transportation shall have the alternative of assuming its own risks."
SECTION 22. Section 10-11-50 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 10-11-50. (A) It shall be unlawful for anyone to park any vehicle on any of the property described in Section 10-11-40 and subsection (2) of Section 10-11-80 except in the spaces and manner now marked and designated or that may hereafter be marked and designated by the State Budget and Control Board South Carolina Department of Administration, in cooperation with the Department of Transportation, or to block or impede traffic through the alleys and driveways.
(B) The Department of Administration must ensure that parking spaces are available in the garage below the Capitol Complex, in proximity to the buildings utilized by the legislative, judicial, and executive branches, in the locations in use on the effective date of this section, and assigned as follows:
(1) two hundred thirty for the House of Representatives;
(2) two hundred and twelve for the Senate;
(3) twenty-nine for the Judicial Department; and
(4) fifty-seven for the Governor's Office."
SECTION 23. Section 10-11-90 of the 1976 Code is amended to read:
"Section 10-11-90. The watchmen and policemen employed by the Budget and Control Board for the protection of the property described in Sections 10-11-30 and 10-11-40 and subsection (2) of Section 10-11-80 are hereby vested with all of the powers, privileges and immunities of constables while on this area or in fresh pursuit of those violating the law in this area, provided that such watchmen and policemen take and file the oath required of peace officers, execute and file bond in the form required of State constables, in the amount of one thousand dollars, with the Budget and Control Board, and be duly commissioned by the Governor."
SECTION 24. Section 10-11-110 of the 1976 Code is amended to read:
"Section 10-11-110. In connection with traffic and parking violations only, the watchmen and policemen referred to in Section 10-11-90, State highway patrolmen and policemen of the city of Columbia shall have the right to issue and use parking tickets of the type used by the city of Columbia, with such changes as are necessitated hereby, to be prepared and furnished by the Budget and Control Board South Carolina Department of Administration, upon the issuance of which the procedures shall be followed as prevail in connection with the use of parking tickets by the city of Columbia. Nothing herein shall restrict the application and use of regular arrest warrants."
SECTION 25. Sections 11-9-610, 11-9-620, and 11-9-630 of the 1976 Code are amended to read:
"Section 11-9-610. The State Budget and Control Board South Carolina Department of Administration shall receive and manage the incomes and revenues set apart and applied to the Sinking Fund of the State. The department must report annually on the financial status of the Sinking Fund to the Budget and Control Board.
Section 11-9-620. All moneys arising from the redemption of lands, leases and sales of property or otherwise coming to the State Budget and Control Board South Ca