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					                                   South Carolina General Assembly
                                       119th Session, 2011-2012

S. 134

STATUS INFORMATION

General Bill
Sponsors: Senators Campsen and Rose
Document Path: l:\council\bills\dka\3151sd11.docx
Companion/Similar bill(s): 238, 3066

Introduced in the Senate on January 11, 2011
Currently residing in the Senate Committee on Judiciary

Summary: S.C. Restructuring Act


HISTORY OF LEGISLATIVE ACTIONS

    Date     Body     Action Description with journal page number
 12/1/2010   Senate   Prefiled
 12/1/2010   Senate   Referred to Committee on Judiciary
 1/11/2011   Senate   Introduced and read first time (Senate Journal-page 64)
 1/11/2011   Senate   Referred to Committee on Judiciary (Senate Journal-page 64)
 1/21/2011   Senate   Referred to Subcommittee: L.Martin (ch), Ford, Hutto, Campsen, Campbell,
                         S.Martin, Scott

View the latest legislative information at the LPITS web site


VERSIONS OF THIS BILL

12/1/2010
 1
 2
 3
 4
 5
 6
 7
 8
 9                       A BILL
10
11   TO ENACT THE “SOUTH CAROLINA RESTRUCTURING
12   ACT OF 2011” INCLUDING PROVISIONS TO AMEND
13   SECTION 1-30-10, CODE OF LAWS OF SOUTH CAROLINA,
14   1976, RELATING TO THE AGENCIES OF THE EXECUTIVE
15   BRANCH OF STATE GOVERNMENT BY ADDING THE
16   DEPARTMENT OF ADMINISTRATION; BY ADDING
17   SECTION 1-30-125 SO AS TO ESTABLISH THE
18   DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF
19   THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO
20   BE HEADED BY A DIRECTOR APPOINTED BY THE
21   GOVERNOR UPON THE ADVICE AND CONSENT OF THE
22   SENATE, AND TO TRANSFER TO THIS NEWLY CREATED
23   DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE
24   STATE BUDGET AND CONTROL BOARD, OFFICE OF THE
25   GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE
26   FOR    TRANSITIONAL     AND    OTHER   PROVISIONS
27   NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING
28   CHAPTER 8 TO TITLE 1 SO AS TO CREATE THE OFFICE OF
29   STATE INSPECTOR GENERAL AS A SEPARATE DIVISION
30   WITHIN THE DEPARTMENT OF ADMINISTRATION, TO
31   PROVIDE THAT THE STATE INSPECTOR GENERAL MUST
32   BE APPOINTED BY THE GOVERNOR UPON THE ADVICE
33   AND CONSENT OF THE SENATE, TO PROVIDE FOR THE
34   PURPOSE, DUTIES, RESPONSIBILITIES, AND AUTHORITY
35   OF THE STATE INSPECTOR GENERAL, TO PROVIDE A
36   DEFINITION OF “EXECUTIVE AGENCIES” FOR PURPOSES
37   OF THIS CHAPTER, AND TO PROVIDE FOR THE RECEIPT
38   AND INVESTIGATION OF COMPLAINTS RELATING TO
39   IMPROPER     OR    UNLAWFUL     ACTIVITY   WITHIN
40   EXECUTIVE AGENCIES OF THE STATE GOVERNMENT;
41   BY ADDING ARTICLE 6 TO CHAPTER 3, TITLE 1 SO AS TO
42   ESTABLISH THE DEPARTMENT OF THE STATE CHIEF

     [134]                   1
 1   INFORMATION OFFICER TO BE HEADED BY THE STATE
 2   CHIEF INFORMATION OFFICER WHO IS APPOINTED BY
 3   THE GOVERNOR WITH THE ADVICE AND CONSENT OF
 4   THE SENATE, TO PROVIDE FOR THE POWERS, DUTIES,
 5   AND FUNCTIONS OF THE DEPARTMENT; TO AMEND
 6   SECTION 11-35-310, RELATING TO DEFINITIONS IN
 7   REGARD TO THE CONSOLIDATED PROCUREMENT CODE,
 8   SO AS TO DELETE CERTAIN DEFINITIONS PERTAINING
 9   TO INFORMATION TECHNOLOGY AND TO REPEAL
10   SECTIONS 11-35-820 AND 11-35-1580 ALL RELATING TO
11   THE OFFICE OF INFORMATION TECHNOLOGY OF THE
12   STATE BUDGET AND CONTROL BOARD AND
13   INFORMATION TECHNOLOGY SERVICES PROVIDED BY
14   THE STATE BUDGET AND CONTROL BOARD; TO AMEND
15   SECTIONS 1-10-10, 1-11-20, AS AMENDED, 1-11-22, 1-11-55,
16   1-11-56, 1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90,
17   1-11-100, 1-11-110, 1-11-180, 1-11-220, AS AMENDED,
18   1-11-225, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290,
19   1-11-300, 1-11-310, AS AMENDED, 1-11-315, 1-11-320,
20   1-11-335, 1-11-340, 1-11-435, 2-13-240, CHAPTER 9 OF TITLE
21   3; 10-1-10, 10-1-30, AS AMENDED, 10-1-40, 10-1-130,
22   10-1-190, CHAPTER 9 OF TITLE 10, 10-11-50, AS AMENDED,
23   10-11-90, 10-11-110, 11-9-610, 11-9-620, 11-9-630, 11-35-3810,
24   11-35-3820, 11-35-3830, 11-35-3840, 13-7-30, 13-7-830, ALL AS
25   AMENDED, 48-46-30, 48-46-40, AS AMENDED, 48-46-50,
26   48-46-60, 48-46-90, 48-52-410, 48-52-440, AS AMENDED,
27   48-52-460, 48-52-680, 44-53-530, AS AMENDED, AND
28   44-96-140; AND BY ADDING SECTION 1-11-185, ALL
29   RELATING TO VARIOUS AGENCY OR DEPARTMENT
30   PROVISIONS SO AS TO CONFORM THEM TO THE ABOVE
31   PROVISIONS PERTAINING TO THE NEW DEPARTMENT OF
32   ADMINISTRATION          OR     TO     SUPPLEMENT        SUCH
33   PROVISIONS.
34
35   Be it enacted by the General Assembly of the State of South
36   Carolina:
37
38                               Part I
39
40                              Citation
41
42   SECTION 1. This act is known and may be cited as the “South
43   Carolina Restructuring Act of 2011”.

     [134]                         2
 1
 2                                 Part II
 3
 4                     Department of Administration
 5
 6   SECTION 2. Section 1-30-10(A) of the 1976 Code is amended by
 7   adding at the end:
 8
 9     “20. Department of Administration”
10
11   SECTION 3. Chapter 30, Title 1 of the 1976 Code is amended by
12   adding:
13
14      “Section 1-30-125. Effective July 1, 2011, the following offices,
15   divisions, or components of the State Budget and Control Board,
16   Office of the Governor, or other agencies are transferred to, and
17   incorporated into, the Department of Administration, a department
18   of the executive branch of state government headed by a director
19   appointed by the Governor as provided in Section 1-30-10(B)(1)(i)
20   except that this appointment must be upon the advice and consent
21   of the Senate:
22      ( 1) Division of General Services including Facilities
23   Management, Business Services together with Fleet Management,
24   and Property Services;
25      ( 2) Office of Human Resources and Office of Research and
26   Statistics of the Budget and Analysis Division;
27      ( 3) Office of Executive Policy and Programs, except for the
28   State Ombudsman and Children’s Services programs which are
29   contained within this office;
30      ( 4) the State Energy Office as established by Section
31   48-52-410;
32      ( 5) Office of Economic Opportunity;
33      ( 6) Developmental Disabilities Council;
34      ( 7) Continuum of Care as established by Section 20-7-5610;
35      ( 8) Children’s Foster Care as established by Section
36   20-7-2379;
37      ( 9) Veterans Affairs as established by Section 25-11-10;
38      (10) Commission on Women as established by Section 1-15-10;
39      (11) Victims Assistance as established by Article 13, Chapter 3,
40   Title 16; and
41      (12) Small and Minority Business as established by Section
42   11-35-5270.”
43

     [134]                            3
 1   SECTION 4. (A) Where the provisions of this act transfer
 2   offices, or portions of offices, of the Budget and Control Board,
 3   Office of the Governor, or other agencies to the new Department
 4   of Administration, the employees, authorized appropriations, and
 5   assets and liabilities of the transferred offices are also transferred
 6   to and become part of the Department of Administration. All
 7   classified or unclassified personnel employed by these offices on
 8   the effective date of this act, either by contract or by employment
 9   at will, shall become employees of the Department of
10   Administration, with the same compensation, classification, and
11   grade level, as applicable. The Budget and Control Board shall
12   cause all necessary actions to be taken to accomplish this transfer
13   in accordance with state laws and regulations.
14      (B) Regulations promulgated by these transferred offices as
15   they formerly existed under the Budget and Control Board, Office
16   of the Governor, or other agencies are continued and are
17   considered to be promulgated by these offices under the newly
18   created Department of Administration.
19      (C) The Code Commissioner is directed to change or correct all
20   references to these offices of the Budget and Control Board in the
21   1976 Code, Office of the Governor, or other agencies to reflect the
22   transfer of them to the Department of Administration. References
23   to the names of these offices in the 1976 Code or other provisions
24   of law are considered to be and must be construed to mean
25   appropriate references. This authority shall not be construed to
26   remove any authority from the Budget and Control Board for
27   approval of statewide policies, procedures, regulations, rates and
28   fees, or specific actions requiring board approval.
29
30                                  Part III
31
32                         State Inspector General
33
34   SECTION 5. Title 1 of the 1976 Code is amended by adding:
35
36                              “CHAPTER 8
37
38                         State Inspector General
39
40     Section 1-8-10. Effective January 1, 2012, the Office of the
41   State Inspector General is created as a separate division within the
42   South Carolina Department of Administration. The Office of State
43   Inspector General must be headed by a State Inspector General

     [134]                             4
 1   who must be appointed by the Governor, with the advice and
 2   consent of the Senate, for a term of six years. A person may serve
 3   two consecutive six-year terms as Inspector General but may be
 4   later appointed again. The Inspector General shall serve until his
 5   successor is appointed and qualifies. Vacancies must be filled in
 6   the manner of original selection. The State Inspector General only
 7   may be removed from office pursuant to the provisions of Section
 8   1-3-240. The State Inspector General shall supervise the Office of
 9   State Inspector General under the direction and control of the
10   Department of Administration and shall exercise other powers and
11   perform other duties as the department requires.
12      The person appointed State Inspector General must hold the
13   Certified Inspector General designation (CIG) granted by the
14   National Association of Inspectors General.
15
16      Section 1-8-20. (A) For purposes of this chapter, ‘executive
17   agency’ or ‘executive agencies’ means any office, agency, or
18   another instrumentality of the executive branch of the state
19   government other than the South Carolina National Guard, and
20   includes state technical schools and state colleges and universities.
21      (B) The purpose of the Office of State Inspector General is to:
22        (1) deter, detect, prevent, and eradicate fraud, waste,
23   misconduct, and abuse in the programs, operations, and contracting
24   of all government agencies within the executive branch of the state
25   government;
26        (2) keep the heads of executive agencies and the Governor
27   fully informed about problems, errors, omissions, misconduct, and
28   deficiencies relating to or arising out of the administration of
29   programs, operations, and contracting in executive agencies;
30        (3) provide leadership, coordination, and control over
31   satellite inspector general offices in designated executive agencies
32   to ensure a coordinated and efficient administration of duties and
33   use of staff;
34        (4) identify and report prevention opportunities identified in
35   their work, and for Office of Inspector General managers to refer
36   these to appropriate officials;
37        (5) orient public or private program personnel to systemic
38   weaknesses in their programs and operations;
39        (6) review and comment on initial designs of new programs
40   and operations;
41        (7) analyze audit, investigate, and identify trends and
42   patterns;


     [134]                             5
 1        (8) develop education and training programs to build the
 2   capacity of public officials and others to operate efficiently,
 3   effectively, and ethically; and
 4        (9) develop       an     effective   means    for     tracking
 5   recommendations.
 6      (C) Agency or satellite inspector general offices established in
 7   executive agencies must report to and follow the direction of the
 8   State Inspector General.
 9      (D) The state Office of Inspector General and the State
10   Inspector General have no jurisdiction, power, or authority over
11   the South Carolina National Guard, the Inspector General of the
12   South Carolina National Guard, or matters falling under the
13   jurisdiction or cognizance of the Adjutant General or the Inspector
14   General of the South Carolina National Guard or over the
15   legislative and judicial branches of government.
16
17       Section 1-8-30. (A) It is the duty and responsibility of the
18   State Inspector General to:
19         ( 1) promote integrity and efficiency in executive agencies;
20         ( 2) initiate, supervise, and coordinate investigative activities
21   relating to fraud, waste, misconduct, or abuse in executive
22   agencies;
23         ( 3) recommend policies for and conduct, supervise, and
24   coordinate activities designed to deter, detect, prevent, and
25   eradicate fraud, waste, misconduct, and abuse in executive
26   agencies;
27         ( 4) report expeditiously to and cooperate fully with the
28   Attorney General. Whenever the State Inspector General has
29   reasonable grounds to believe there has been a violation of
30   criminal law or that a civil action should be initiated by the State,
31   the State Inspector General shall immediately refer the matter to
32   the Attorney General and the Budget and Control Board. The
33   Attorney General is responsible for criminal prosecution or civil
34   litigation and may refer matters to the State Grand Jury, a circuit
35   solicitor, or the appropriate agency for criminal prosecution or
36   civil litigation;
37         ( 5) refer matters to the heads of executive agencies
38   whenever the State Inspector General determines that disciplinary
39   or other administrative action is appropriate;
40         ( 6) audit, inspect, evaluate, and investigate the activities,
41   records, and individuals affiliated with contracts and procurements
42   undertaken by an executive branch entity and any other official act
43   or function of that governmental entity;

     [134]                              6
 1         ( 7) engage in prevention activities including, but not limited
 2   to, review of legislation, review of regulations, policies,
 3   procedures, transactions, training, and education;
 4         ( 8) conduct joint investigations and projects with other
 5   oversight or law enforcement agencies;
 6         ( 9) issue public reports;
 7         (10) establish policies and procedures to guide functions and
 8   processes conducted by the Office of Inspector General;
 9         (11) attend pertinent meetings held by executive branch
10   agencies;
11         (12) recoup the cost of investigations from nongovernmental
12   entities involved in wilful misconduct.
13      (B) The Office of Inspector General and the State Inspector
14   General are authorized and directed to take any lawful action that
15   is necessary and proper for the discharge of their duties and
16   responsibilities under this chapter.
17
18     Section 1-8-40. (A) In addition to the authority otherwise
19   provided in this chapter, the State Inspector General, in carrying
20   out the duties and responsibilities of his office, is authorized to:
21        ( 1) make investigations and reports relating to the
22   administration of the programs and operations of an executive
23   agency as are, in the judgment of the State Inspector General,
24   necessary or desirable. If the State Inspector General determines
25   that a report should be issued, he shall consult with the Attorney
26   General before issuing the report to ensure against an adverse
27   impact on a grand jury proceeding or prosecution being conducted
28   by the Attorney General, a circuit solicitor, or a law enforcement
29   agency;
30        ( 2) request information or assistance necessary for carrying
31   out the duties and responsibilities provided by this chapter from a
32   federal, state, or local government agency or unit thereof;
33        ( 3) require and obtain immediately by written notice from
34   officers and employees of executive agencies and the executive
35   department, to the fullest extent permitted by law, information,
36   documents, reports, answers, records, accounts, papers, and other
37   necessary data and documentary evidence. If deemed necessary
38   and upon approval of the Department of Administration, on a case
39   by case basis, the State Inspector General has subpoena powers;
40        ( 4) have direct and prompt access to the heads of executive
41   agencies when necessary for a purpose pertaining to the
42   performance of functions and responsibilities under this chapter;


     [134]                             7
 1        ( 5) select, appoint, and employ officers and employees
 2   necessary for carrying out the functions, powers, and duties of the
 3   office. The officers and employees must be employed in
 4   accordance with current personnel practices and procedures of the
 5   Department of Administration and may be assigned by the State
 6   Inspector General to designated executive agencies;
 7        ( 6) access all records maintained by or available to any
 8   executive branch governmental entity relating to the Office of
 9   Inspector General’s duties and responsibilities;
10        ( 7) access testimony or documents from any executive
11   branch individual, firm, or nongovernmental entity relating to the
12   duties and responsibilities of the Office of Inspector General;
13        ( 8) require public employees to report to the Office of
14   Inspector General information regarding fraud, waste, corruption,
15   illegal acts, and abuse.
16      (B) Upon request of the State Inspector General for information
17   or assistance, executive agencies immediately shall furnish the
18   information and assistance to the State Inspector General or an
19   authorized designee.
20      (C) If information or assistance requested is, in the judgment of
21   the State Inspector General, unreasonably refused or not provided,
22   the State Inspector General may report the circumstances to the
23   head of the agency, the Attorney General, and the Department of
24   Administration for appropriate action.
25      (D) When public employees report matters of fraud, waste,
26   corruption, illegal acts, or abuse pursuant to subsection (A)(8)
27   above, these employees have the employment protection afforded
28   by Chapter 27 of Title 8.
29
30      Section 1-8-50. (A) The State Inspector General may receive
31   and investigate complaints or information concerning the possible
32   existence of an activity in an executive branch agency constituting
33   a violation of law, rules or regulations, or mismanagement, fraud,
34   waste of funds, abuse of authority, malfeasance, misfeasance,
35   nonfeasance, or a substantial and specific danger to the public
36   health and safety.
37      (B) The Office of the State Inspector General is authorized and
38   directed to promulgate regulations to implement the polices and
39   purposes of this chapter including, but not limited to, regulations
40   establishing a hotline for reporting fraud, waste, and abuse and a
41   system of monetary rewards for persons whose reports of fraud,
42   waste, or abuse result in savings to the State, the prevention of


     [134]                            8
 1   loss, or the recovery of money or property owed to or belonging to
 2   the State or an executive agency.
 3      (C) A person may not take or threaten to take action against an
 4   employee as a reprisal for making a complaint or disclosing
 5   information to the State Inspector General, unless the complaint
 6   was made or the information disclosed with the knowledge that it
 7   was false or with wilful disregard for its truth or falsity.
 8      (D) The protections in this chapter for employees who report
 9   fraud, waste, misconduct, malfeasance, misfeasance, nonfeasance,
10   or abuse in good faith are in addition and cumulative to protections
11   provided by another law.”
12
13                                 Part IV
14
15                       Chief Information Officer
16
17   SECTION 6. Chapter 3, Title 1 of the 1976 Code is amended by
18   adding:
19
20                                “Article 6
21
22                     State Chief Information Officer
23
24      Section 1-3-300. It is the intent of the General Assembly to
25   create an instrumentality that provides leadership and direction for
26   the use of information technology within government in South
27   Carolina. The General Assembly recognizes the critical role
28   information technology plays in providing cost-effective and
29   efficient services to the citizens of this State. The General
30   Assembly envisions an enterprise information system that provides
31   an easily accessible, reliable, and accurate information
32   infrastructure to enhance both the quality and delivery of services.
33
34     Section 1-3-305. There is created the Department of the State
35   Chief Information Officer. The department is headed by the State
36   Chief Information Officer appointed by the Governor with the
37   advice and consent of the Senate. The State Chief Information
38   Officer serves at the pleasure of the Governor.
39
40     Section 1-3-310. The department may be organized in a
41   manner the State Chief Information Officer considers most
42   appropriate to carry out various duties, responsibilities, and
43   authorities assigned to the department.

     [134]                            9
 1
 2      Section 1-3-315. As used in this article:
 3      (1) ‘Council’ means the South Carolina Information
 4   Technology Council as established in this article.
 5      (2) ‘Department’ means the Department of the State Chief
 6   Information Officer.
 7      (3) ‘Governmental body’ means a state government
 8   department, commission, council, board, bureau, committee,
 9   institution, agency, government corporation, or other establishment
10   or official of the executive branch. Governmental body does not
11   include a public institution of higher learning as defined in Section
12   59-103-5, the legislative branch or the judicial branch.
13      (4) ‘Information technology’ means electronic data processing
14   goods and services, telecommunications goods and services,
15   information security goods and services, information management,
16   microprocessors, software, information processing, office systems,
17   any services related to these, and consulting or other services for
18   design or redesign of information technology supporting business
19   processes.
20      (5) ‘Political subdivision’ means the counties, municipalities,
21   school districts, special purpose districts, special service districts,
22   commissioners of public works, and any other local authority,
23   board, commission, agency, department, or political body.
24      (6) ‘Telecommunications’ means the provision, transmission,
25   conveyance, or routing of voice, data, video, or any other
26   information or signals to a point, or between or among points, by
27   or through any electronic, radio, or other medium or method now
28   in existence or devised after this article takes effect.
29   Telecommunications includes, but is not limited to, local telephone
30   services, toll telephone services, telegraph services, teletypewriter
31   services, teleconferencing services, private line services, channel
32   services, Internet protocol telephony, cable services, and mobile
33   telecommunications services, and includes all facilities and
34   equipment performing these functions.
35
36     Section 1-3-320. (A) There is created the South Carolina
37   Information Technology Council.
38     (B) The council consists of the following twelve members:
39        (1) the Chief Justice of the South Carolina Supreme Court;
40        (2) one member of the South Carolina Senate appointed by
41   the President Pro Tempore of the Senate;



     [134]                             10
 1        (3) one member of the South Carolina House of
 2   Representatives appointed by the Speaker of the House of
 3   Representatives;
 4        (4) two cabinet agency directors appointed by the Governor;
 5        (5) one noncabinet agency director appointed by the
 6   Governor upon recommendation of the President of the State
 7   Agency Directors Organization;
 8        (6) one representative of county government appointed by
 9   the Governor upon recommendation of the South Carolina
10   Association of Counties;
11        (7) one representative of municipal government appointed
12   by the Governor upon recommendation of the Municipal
13   Association of South Carolina;
14        (8) one citizen member from the private sector appointed by
15   the Governor;
16        (9) one citizen member from the private sector appointed by
17   the President Pro Tempore of the Senate;
18        (10) one citizen member from the private sector appointed by
19   the Speaker of the House of Representatives; and
20        (11) the State Chief Information Officer.
21      (C) The State Chief Information Officer serves as chairman of
22   the council.
23      (D) Appointed members serve at the pleasure of the appointing
24   authority. Members who serve by virtue of an office serve on the
25   council while they hold that office.
26      (E) Members serve without compensation, but citizen members
27   of the council are allowed the usual per diem and mileage as
28   provided by law for members of boards, commissions, and
29   committees while on official business of the council.
30      (F) The powers and duties of the council include the following:
31        (1) review and approve the coordinated statewide strategic
32   plan for information technology prepared by the department;
33        (2) review and approve statewide strategic information
34   technology directions, standards, and enterprise architecture
35   prepared by the department;
36        (3) approve the criteria developed by the department for the
37   review and approval of information technology plans and
38   information technology projects of governmental bodies;
39        (4) review and approve the procedures developed by the
40   department for the allocation and distribution of funds from the
41   Information Technology Innovation Fund;



     [134]                           11
 1         (5) upon recommendation of the department, the council
 2   may grant the department and governmental bodies exemptions
 3   from the requirements in this article;
 4         (6) upon recommendation of the department, the council
 5   may terminate any information technology project of a
 6   governmental body or governmental bodies; and
 7         (7) upon request of a governmental body, the council may
 8   review decisions of the department concerning whether the
 9   information technology plans and projects of the governmental
10   body conform to statewide information technology plans,
11   strategies, and standards.
12
13      Section 1-3-325. (A) The State Information Technology
14   Director’s Committee is created to advise the State Chief
15   Information Officer on matters relating to the development and
16   implementation of information technology standards, policies, and
17   procedures and facilitate the exchange of information among the
18   information technology directors of governmental bodies and
19   political subdivisions. The committee includes representatives
20   from governmental bodies and political subdivisions and must be
21   chosen in a manner and number determined by the State Chief
22   Information Officer.
23      (B) The State Chief Information Officer may establish other
24   standing or ad hoc advisory committees to provide assistance
25   relating to any other matters within the department’s authority.
26      (C) Members of the advisory committees appointed pursuant to
27   subsections (A) and (B) are allowed the usual per diem and
28   mileage as provided by law for members of boards, commissions,
29   and committees while on official business of the committees.
30   Members who are full-time state employees may not receive per
31   diem.
32
33      Section 1-3-330. The powers and duties of the department
34   include the following:
35      (1) develop for approval of the council a coordinated statewide
36   strategic plan for information technology;
37      (2) develop for approval of the council statewide strategic
38   information technology directions, standards, and enterprise
39   architecture. These directions, standards, and architecture must
40   include, but are not limited to, information related to the privacy
41   and confidentiality of data collected and stored by governmental
42   bodies, website accessibility, and assistive technologies. The
43   department shall implement necessary management processes to

     [134]                           12
 1   assure that governmental bodies fully comply with these
 2   directions, standards, and architecture;
 3      (3) develop policies and procedures for the effective
 4   management of information technology investments throughout
 5   their entire life cycles, including, but not limited to, project
 6   definition, procurement, development, implementation, operation,
 7   performance evaluation, and enhancement or retirement;
 8      (4) evaluate the information technology of governmental
 9   bodies and combine information technology and related resources
10   when the department determines that it is advisable from the
11   standpoint of efficiency and cost effectiveness;
12      (5) plan and forecast future needs for information technology
13   and conduct studies and surveys of organizational structures and
14   best management practices of information technology systems and
15   procedures;
16      (6) evaluate the information technology plans and projects of
17   governmental bodies to ensure that the plans and projects are
18   consistent with statewide plans, strategies, and standards, including
19   alignment with the state’s business goals, investments, and other
20   risk management policies;
21      (7) assist the Secretary of Commerce in the development of
22   information technology related industries in the State and the
23   promotion of economic development initiatives based on
24   information technology;
25      (8) assist governmental bodies in the development of
26   guidelines concerning the qualifications and training requirements
27   of information technology related personnel;
28      (9) collaborate with political subdivisions in the development
29   of information technology plans that are consistent with statewide
30   plans, strategies, and standards, and encourage political
31   subdivisions to pursue information technology investments that are
32   compatible with the state’s information technology infrastructure;
33      (10) secure all telecommunications equipment and services for
34   governmental bodies under terms the department considers suitable
35   and coordinate the supply of the equipment and services for use by
36   governmental bodies;
37      (11) operate and manage a state consolidated data center, and
38   other appropriate data centers, to be used by governmental bodies
39   and political subdivisions under terms and conditions established
40   by the department;
41      (12) develop information technology applications and services
42   for entities requesting them;


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 1       (13) administer information technology related procurements
 2   and contracting activities for governmental bodies in accordance
 3   with the South Carolina Consolidated Procurement Code;
 4       (14) enter into agreements and contracts with governmental
 5   bodies, political subdivisions, and other entities for goods and
 6   services. The department may establish fee schedules to be
 7   collectible from governmental bodies, political subdivisions, and
 8   other entities for services rendered and goods provided;
 9       (15) hire necessary personnel and assign them duties and powers
10   as the department prescribes; and
11       (16) exercise and perform other powers and duties as granted to
12   it, imposed upon it by law or necessary to carry out the purposes in
13   this article.
14
15      Section 1-3-335. The department has the following additional
16   powers and duties relating to planning and the management of
17   information technology projects:
18      (1) oversee the development of any statewide and multiagency
19   information technology enterprise projects;
20      (2) develop for the approval of the council an approval process
21   for the information technology plans of governmental bodies.
22   Each governmental body is required to develop an information
23   technology plan and submit the plan to the department for
24   approval. The department may reject or require modification to
25   those plans that do not conform to statewide information
26   technology plans, strategies, and standards;
27      (3) establish a methodology and process for conceiving,
28   planning, scheduling, procuring, and providing appropriate
29   oversight for information technology projects;
30      (4) develop for the approval of the council an approval process
31   for information technology projects proposed by governmental
32   bodies to ensure that all of these projects conform to statewide
33   information technology plans, strategies, and standards, the
34   information technology plan of the governmental body, and the
35   project management methodology. All information technology
36   projects proposed by governmental bodies that exceed an amount
37   established by the council, initially set at four hundred thousand
38   dollars but subject to adjustment by the council, are subject to
39   department approval. Governmental bodies may not artificially
40   divide these projects so as to avoid departmental approval;
41      (5) monitor information technology projects approved by the
42   department. The department may modify and suspend any
43   information technology project that is not in compliance with

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 1   statewide information technology plans, strategies, and standards
 2   or that has not met the performance measures agreed to by the
 3   department and the sponsoring governmental body. The council
 4   may terminate projects upon recommendation of the department;
 5      (6) establish minimum qualifications and training standards for
 6   project managers; and
 7      (7) establish an information clearinghouse that identifies best
 8   practices and new developments and contains detailed information
 9   regarding the state’s previous experiences with the development of
10   information technology projects.
11
12      Section 1-3-400. (A) The department has the following
13   additional powers and duties relating to telecommunications:
14        (1) coordinate the various telecommunications facilities and
15   services used by governmental bodies;
16        (2) acquire, lease, construct, or organize facilities and
17   equipment       as    necessary       to    deliver   comprehensive
18   telecommunications services in an efficient and cost-effective
19   manner, and maintain these facilities and equipment;
20        (3) provide technical assistance to governmental bodies in
21   areas such as:
22           (a) performing systems development services, including
23   design, application programming, and maintenance;
24           (b) conducting research and sponsoring demonstration
25   projects pertaining to all facets of telecommunications; and
26           (c) planning and forecasting for future needs in
27   communications services.
28      (B) If requested by a political subdivision, the department, at its
29   sole option, may supply telecommunications goods and services to
30   the political subdivision under terms and conditions established by
31   the department.
32      (C) A governmental body may not enter into an agreement or
33   renew an existing agreement for telecommunications services or
34   equipment unless approved by the department.
35
36     Section 1-3-405. The department has the following additional
37   powers and duties relating to information technology
38   procurements:
39     (1) ensure that information technology procurements are
40   conducted in a manner consistent with the South Carolina
41   Consolidated Procurement Code and related regulations;
42     (2) ensure that information technology procurements conform
43   to statewide information technology plans, strategies, and

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 1   standards. The department may reject any information technology
 2   procurement that does not conform to statewide information
 3   technology plans, strategies, and standards;
 4      (3) recommend to the council categories of information
 5   technology procurement which must be exempted from the
 6   requirements of the South Carolina Consolidated Procurement
 7   Code and related regulations;
 8      (4) enter into cooperative purchasing agreements with political
 9   subdivisions for the procurement of information technology and
10   allow political subdivisions to participate in the department’s
11   procurement of information technology under terms and conditions
12   established by the department; and
13      (5) participate in, sponsor, conduct, or administer cooperative
14   purchasing agreements for the procurement of information
15   technology.
16
17      Section 1-3-410. The department has the following additional
18   powers and duties relating to the security of government
19   information and infrastructure:
20      (1) to protect the state’s critical information technology
21   infrastructure and associated data systems if there is a major
22   disaster, whether natural or otherwise, and to allow the services to
23   the citizens of this State to continue if there is such an event, the
24   department shall develop a Critical Information Technology
25   Infrastructure Protection Plan which devises policies and
26   procedures to provide for the confidentiality, integrity, and
27   availability of, and to allow for alternative and immediate online
28   access to data and information systems necessary to provide
29   critical information to citizens and ensure the protection of state
30   employees as they carry out their disaster-related duties. All
31   governmental bodies and political subdivisions of this State are
32   directed to assist the department in the collection of data required
33   for this plan;
34      (2) to oversee, plan, and coordinate periodic security audits of
35   governmental bodies regarding the protection of government
36   information and information technology infrastructure. These
37   security audits may include, but are not limited to, on-site audits as
38   well as reviews of all written security procedures. The department
39   may conduct the security audits or contract with a private firm or
40   firms to conduct these security audits. Governmental bodies
41   subject to a security audit shall cooperate fully with the entity
42   designated to perform such audits.
43

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 1      Section 1-3-415. (A) The General Assembly shall appropriate
 2   funds sufficient for the development, implementation, and ongoing
 3   operation of the department’s information technology planning,
 4   project management, and security responsibilities. The General
 5   Assembly also shall appropriate funds necessary to carry out all
 6   other duties and responsibilities assigned to the department that are
 7   not reimbursable through a fee-for-service methodology. The
 8   department is authorized to provide to and receive from other
 9   governmental bodies, political subdivisions, and other entities
10   goods and services. The department may charge and pay
11   governmental bodies, political subdivisions, and other entities for
12   the goods and services, the revenue from which must be deposited
13   in the Office of the State Treasurer in a special account and
14   expended only for the costs of providing the goods and services,
15   and these funds may be retained and expended for the same
16   purposes.
17      (B) There is created an Information Technology Innovation
18   Fund. This fund must provide incentives to governmental bodies
19   to implement enterprise initiatives and electronic government
20   projects. Use of the fund must encourage governmental bodies to
21   pursue innovative and creative approaches using technology that
22   provides needed citizens services more cost effectively and
23   efficiently. The fund may not be used to replace or offset
24   appropriations for on-going technology expenditures and
25   operations. The fund consists of those funds appropriated through
26   the state budget process, grants, gifts, and other donations received
27   by the State or otherwise available. The department, with the
28   approval of the council, is responsible for developing appropriate
29   procedures for the allocation and distribution of these funds.”
30
31   SECTION 7. A. Section 11-35-310 of the 1976 Code is amended
32   to read:
33
34      “Section 11-35-310. Unless the context clearly indicates
35   otherwise:
36      (1) ‘Information Technology (IT)’ means data processing,
37   telecommunications, and office systems technologies and services:
38        (a) ‘data processing’ means the automated collection,
39   storage, manipulation, and retrieval of data including: central
40   processing units for micro, mini, and mainframe computers;
41   related peripheral equipment such as terminals, document
42   scanners, word processors, intelligent copiers, off-line memory
43   storage, printing systems, and data transmission equipment; and

     [134]                            17
 1   related software such as operating systems, library and
 2   maintenance routines, and applications programs.
 3         (b) ‘telecommunications’ means voice, data, message, and
 4   video transmissions, and includes the transmission and switching
 5   facilities of public telecommunications systems, as well as
 6   operating and network software.
 7         (c) ‘office systems technology’ means office equipment
 8   such as typewriters, duplicating and photocopy machines, paper
 9   forms, and records; microfilm and microfiche equipment and
10   printing equipment and services.
11         (d) ‘services’ means the providing of consultant assistance
12   for any aspect of information technology, systems, and networks.
13      (2) ‘Board’ means State Budget and Control Board.
14      (3)(2) ‘Business’ means any corporation, partnership,
15   individual, sole proprietorship, joint stock company, joint venture,
16   or any other legal entity.
17      (4)(3) ‘Change order’ means any written alteration in
18   specifications, delivery point, rate of delivery, period of
19   performance, price, quantity, or other provisions of any contract
20   accomplished by mutual agreement of the parties to the contract.
21      (5)(4) ‘Chief procurement officer’ means (a) the management
22   officer for information technology, (b) the state engineer for areas
23   of construction, architectural and engineering, construction
24   management, and land surveying services, and (c) (b) the materials
25   management officer for all other procurements.
26      (6) ‘Information Technology Management Officer’ means the
27   person holding the position as the head of the Information
28   Technology Office of the State.
29      (7)(5) ‘Construction’ means the process of building, altering,
30   repairing, remodeling, improving, or demolishing a public
31   infrastructure facility, including any public structure, public
32   building, or other public improvements of any kind to real
33   property. It does not include the routine operation, routine repair,
34   or routine maintenance of an existing public infrastructure facility,
35   including structures, buildings, or real property.
36      (8)(6) ‘Contract’ means all types of state agreements,
37   regardless of what they may be called, for the procurement or
38   disposal of supplies, services, information technology, or
39   construction.
40      (9)(7) ‘Contract modification’ means a written order signed by
41   the procurement officer, directing the contractor to make changes
42   which the changes clause of the contract authorizes the
43   procurement officer to order without the consent of the contractor.

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 1      (10)(8) ‘Contractor’ means any person having a contract with a
 2   governmental body.
 3      (11)(9) ‘Cost effectiveness’ means the ability of a particular
 4   product or service to efficiently provide goods or services to the
 5   State. In determining the cost effectiveness of a particular product
 6   or service, the appropriate chief procurement officer shall list the
 7   relevant factors in the bid notice or solicitation and use only those
 8   listed relevant factors in determining the award.
 9      (12)(10) ‘Data’ means recorded information, regardless of form
10   or characteristics.
11      (13)(11) ‘Days’ means calendar days. In computing any period
12   of time prescribed by this Code or the ensuing regulations, or by
13   any order of the Procurement Review Panel, the day of the event
14   from which the designated period of time begins to run is not
15   included. If the final day of the designated period falls on a
16   Saturday, Sunday, or a legal holiday for the state or federal
17   government, then the period shall run to the end of the next
18   business day.
19      (14)(12) ‘Debarment’ means the disqualification of a person to
20   receive invitations for bids, or requests for proposals, or the award
21   of a contract by the State, for a specified period of time
22   commensurate with the seriousness of the offense or the failure or
23   inadequacy of performance.
24      (15)(13) ‘Designee’ means a duly authorized representative of a
25   person with formal responsibilities under the Code.
26      (16)(14) ‘Employee’ means an individual drawing a salary
27   from a governmental body, whether elected or not, and any
28   nonsalaried individual performing personal services for any
29   governmental body.
30      (17) (Reserved)
31      (18)(15) ‘Governmental Body’ means a state government
32   department, commission, council, board, bureau, committee,
33   institution, college, university, technical school, agency,
34   government corporation, or other establishment or official of the
35   executive or judicial branch. Governmental body excludes the
36   General Assembly or its respective branches or its committees,
37   Legislative Council, the Office of Legislative Printing, Information
38   and Technology Systems, and all local political subdivisions such
39   as counties, municipalities, school districts, or public service or
40   special purpose districts or any entity created by act of the General
41   Assembly for the purpose of erecting monuments or memorials or
42   commissioning art that is being procured exclusively by private
43   funds.

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 1      (19)(16) ‘Grant’ means the furnishing by the State or the
 2   United States government of assistance, whether financial or
 3   otherwise, to a person to support a program authorized by law. It
 4   does not include an award, the primary purpose of which is to
 5   procure specified end products, whether in the form of supplies,
 6   services, information technology, or construction. A contract
 7   resulting from such an award must not be considered a grant but a
 8   procurement contract.
 9      (20)(17) ‘Invitation for bids’ means a written or published
10   solicitation issued by an authorized procurement officer for bids to
11   contract for the procurement or disposal of stated supplies,
12   services, or construction, which will ordinarily result in the award
13   of the contract to the responsible bidder making the lowest
14   responsive bid.
15      (21)(18) ‘Materials Management Officer’ means the person
16   holding the position as the head of the materials management
17   office of the State.
18      (22) Reserved.
19      (23)(19) ‘Political    subdivision’    means      all    counties,
20   municipalities, school districts, public service or special purpose
21   districts.
22      (24)(20) ‘Procurement’ means buying, purchasing, renting,
23   leasing, or otherwise acquiring any supplies, services, information
24   technology, or construction. It also includes all functions that
25   pertain to the obtaining of any supply, service, or construction,
26   including description of requirements, selection, and solicitation of
27   sources, preparation and award of contracts, and all phases of
28   contract administration.
29      (25)(21) ‘Procurement officer’ means any person duly
30   authorized by the governmental body, in accordance with
31   procedures prescribed by regulation, to enter into and administer
32   contracts and make written determinations and findings with
33   respect thereto.       The term also includes an authorized
34   representative of the governmental body within the scope of his
35   authority.
36      (26)(22) ‘Purchasing agency’ means any governmental body
37   other than the chief procurement officers authorized by this Code
38   or by way of delegation from the chief procurement officers to
39   enter into contracts.
40      (27)(23) ‘Real property’ means any land, all things growing on
41   or attached thereto, and all improvements made thereto including
42   buildings and structures located thereon.


     [134]                            20
 1      (28)(24) ‘Request for proposals (RFP)’ means a written or
 2   published solicitation issued by an authorized procurement officer
 3   for proposals to provide supplies, services, information
 4   technology, or construction which ordinarily result in the award of
 5   the contract to the responsible bidder making the proposal
 6   determined to be most advantageous to the State. The award of the
 7   contract must be made on the basis of evaluation factors that must
 8   be stated in the RFP.
 9      (29)(25) ‘Services’ means the furnishing of labor, time, or
10   effort by a contractor not required to deliver a specific end product,
11   other than reports which are merely incidental to required
12   performance. This term includes consultant services other than
13   architectural, engineering, land surveying, construction
14   management, and related services. This term does not include
15   employment agreements or services as defined in Section
16   11-35-310(1)(d).
17      (30)(26) ‘Subcontractor’ means any person having a contract to
18   perform work or render service to a prime contractor as a part of
19   the prime contractor’s agreement with a governmental body.
20      (31)(27) ‘Supplies’ means all personal property including, but
21   not limited to, equipment, materials, printing, and insurance.
22      (32)(28) ‘State’ means state government.
23      (33)(29) ‘State Engineer’ means the person holding the position
24   as head of the state engineer’s office.
25      (34)(30) ‘Suspension’ means the disqualification of a person to
26   receive invitations for bids, requests for proposals, or the award of
27   a contract by the State, for a temporary period pending the
28   completion of an investigation and any legal proceedings that may
29   ensue because a person is suspected upon probable cause of
30   engaging in criminal, fraudulent, or seriously improper conduct or
31   failure or inadequacy of performance which may lead to
32   debarment.
33      (35)(31) ‘Term contract’ means contracts established by the
34   chief procurement officer for specific supplies, or services, or
35   information technology for a specified time and for which it is
36   mandatory that all governmental bodies procure their requirements
37   during its term. As provided in the solicitation, if a public
38   procurement unit is offered the same supplies, or services, or
39   information technology at a price that is at least ten percent less
40   than the term contract price, it may purchase from the vendor
41   offering the lower price after first offering the vendor holding the
42   term contract the option to meet the lower price. The solicitation
43   used to establish the term contract must specify contract terms

     [134]                             21
 1   applicable to a purchase from the vendor offering the lower price.
 2   If the vendor holding the term contract meets the lower price, then
 3   the governmental body shall purchase from the contract vendor.
 4   All decisions to purchase from the vendor offering the lower price
 5   must be documented by the procurement officer in sufficient detail
 6   to satisfy the requirements of an external audit. A term contract
 7   may be a multi-term contract as provided in Section 11-35-2030.
 8      (36)(32) ‘Using agency’ means any governmental body of the
 9   State which utilizes any supplies, services, information technology,
10   or construction purchased pursuant to this code.
11      (37)(33) ‘Designated board office’ and ‘designated board
12   officer’ means the office or officer designated in accordance with
13   Section 11-35-540(5).”
14
15   B. Section 11-35-820 of the 1976 Code is repealed.
16
17   C. Section 11-35-1580 of the 1976 Code is repealed.
18
19                                  Part V
20
21              Conforming and Miscellaneous Amendments
22
23   SECTION 8. A. Section 1-10-10 of the 1976 Code is amended
24   to read:
25
26      “Section 1-10-10. (A) As of 12:00 noon on the effective date
27   of this act, and permanently thereafter, the only flags authorized to
28   be flown atop the dome of the State House, in the chambers of the
29   Senate and House of Representatives, and on the grounds of the
30   Capitol Complex shall be as authorized in this section.
31      The flags authorized to be flown atop the dome of the State
32   House and in the chambers of the Senate and House of
33   Representatives are the United States Flag and the South Carolina
34   State Flag. As of 12:00 noon on the effective date of this act, the
35   flag authorized to be flown at a designated location on the grounds
36   of the Capitol Complex is the South Carolina Infantry Battle Flag
37   of the Confederate States of America [the Battle Flag of the Army
38   of Northern Virginia (General Robert E. Lee’s Army) the South
39   Carolina, Georgia, Florida Department version]. This flag must be
40   flown on a flagpole located at a point on the south side of the
41   Confederate Soldier Monument, centered on the monument, ten
42   feet from the base of the monument at a height of thirty feet. The
43   flagpole on which the flag is flown and the area adjacent to the

     [134]                            22
 1   monument and flagpole must be illuminated at night and an
 2   appropriate decorative iron fence must be erected around the
 3   flagpole.
 4      The South Carolina Infantry Battle Flag of the Confederate
 5   States of America is square measuring fifty-two inches on each
 6   side, inclusive of the white border, with a St. Andrews Cross of
 7   blue, edged with white, with thirteen equal five-pointed stars, upon
 8   a red field, with the whole banner bordered in white. The blue
 9   arms of the cross are 7.5 inches wide and the white border around
10   the flag proper is 1.5 inches wide. The stars are five-pointed,
11   inscribed within a circle six inches in diameter, and are uniform in
12   size.
13      From any funds appropriated to it, the Budget and Control
14   Board, the division of general services of the budget and control
15   board or its successor in interest successor-in-interest, shall ensure
16   that the flags authorized above shall be placed at all times as
17   directed in this section and shall replace the flags at appropriate
18   intervals as may be necessary due to wear.
19      (B) The provisions of this section may only be amended or
20   repealed only upon passage of an act which has received a
21   two-thirds vote on the third reading of the bill in each branch of the
22   General Assembly.
23      (C) The term ‘chambers’ of the House or Senate for the
24   purposes of this section does not include individual members’
25   offices. The provisions of this section do not prohibit a private
26   individual on the capitol complex grounds from wearing as a part
27   of his clothing or carrying or displaying any type of flag including
28   a Confederate Flag.”
29
30   B. Section 1-11-20 of the 1976 Code, as last amended by Act
31   164 of 2005, is further amended to read:
32
33     “Section 1-11-20. (A) The functions of the State Budget and
34   Control Board shall be performed, exercised and discharged under
35   the supervision and direction of the board through three divisions,
36   the Finance Division (embracing the work of the State Auditor, the
37   former State Budget Commission, the former State Finance
38   Committee and the former Board of Claims for the State of South
39   Carolina), the Purchasing and Property Division (embracing the
40   work of the former Commissioners of the Sinking Fund, the
41   former Board of Phosphate Commissioners, the State Electrician
42   and Engineer, the former Commission on State House and State
43   House Grounds, the central purchasing functions, the former

     [134]                             23
 1   Surplus Procurement Division of the State Research, Planning and
 2   Development Board and the Property Custodian) and the Division
 3   of Personnel Administration (embracing the work of the former
 4   retirement board known as the South Carolina Retirement System
 5   and the administration of all laws relating to personnel), each
 6   division to consist of a director and such clerical, stenographic and
 7   technical employees as may be necessary, to be employed by the
 8   respective directors with the approval of the board. The State
 9   Auditor shall be the director of the Finance Division, ex officio,
10   and the directors of the other divisions shall be employed by the
11   State Budget and Control Board for such time and compensation,
12   not greater than the term and compensation for the State Auditor,
13   as shall be fixed by the board in its judgment.
14      (B)(1) Notwithstanding subsection (A), as of July 1, 2011,
15   Division of General Services of the Budget and Control Board
16   including Facilities Management, Business Services together with
17   Fleet Management, and Property Services as well as the Office of
18   Human Resources and Office of Research and Statistics of the
19   Budget and Analysis Division and the other offices or divisions of
20   the Budget and Control Board specified in Section 1-30-125 are
21   transferred to, and incorporated into, the South Carolina
22   Department of Administration.
23         (2) Notwithstanding another provision of law, if the Budget
24   and Control Board maintains any responsibility related to a
25   program administered by the Department of Administration,
26   whether the responsibility be regulatory, oversight, approval, or
27   other, the board may receive and expend revenues generated by the
28   programs to support the board’s responsibilities related to the
29   programs. The funds may be retained and expended in subsequent
30   fiscal years.
31      (C) Notwithstanding subsection (A), as of July 1, 2011, Budget
32   and Control Board also contains an additional division, known as
33   the State House, Legislative, and Judicial Facilities Operations
34   Division, responsible for the operations and management of the
35   State House, Blatt Office Building, Gressette Office Building,
36   Supreme Court Building, Calhoun Office Building, and Capitol
37   Complex grounds.”
38
39   C.   Section 1-11-22 of the 1976 Code is amended to read:
40
41     “Section 1-11-22. (A) Notwithstanding any other provision of
42   law, the Budget and Control Board may organize its staff as it
43   deems considers most appropriate to carry out the various duties,

     [134]                            24
 1   responsibilities and authorities assigned to it and to its various
 2   divisions and management and organizational entities.
 3      (B) To the extent that any provision of law divides any
 4   responsibilities of any division, office, or program of the Budget
 5   and Control Board between the board and one or more state
 6   agencies, the transfer must not proceed until a realignment plan for
 7   the allocation of staff, assets, and resources is prepared and
 8   presented by the board’s executive director, and approved by the
 9   board. Upon the board’s approval, the Office of the Executive
10   Director must provide for the allocation as specified in the
11   realignment plan as soon as practicable.
12      (C) Notwithstanding any other provision of law, wherever the
13   Budget and Control Board maintains any responsibility related to a
14   program administered by the Department of Administration,
15   whether the responsibility be regulatory, oversight, approval, or
16   other, the board is authorized to expend revenues generated by the
17   programs to support the board’s responsibilities related to the
18   programs. The funds may be retained and expended in subsequent
19   fiscal years.”
20
21   D. Sections 1-11-55, 1-11-56, and 1-11-58, of the 1976 Code are
22   amended to read:
23
24      “Section 1-11-55. (1) ‘Governmental body’ means a state
25   government department, commission, council, board, bureau,
26   committee, institution, college, university, technical school,
27   legislative body, government corporation, or other establishment or
28   official of the executive, judicial, or legislative branches branch of
29   this State. Governmental body excludes the General Assembly,
30   Legislative Council, the Office of Legislative Printing, Information
31   and Technology Systems, the Judicial Department, and all local
32   political subdivisions such as counties, municipalities, school
33   districts, or public service or special purpose districts.
34      (2) The Budget and Control Board South Carolina Department
35   of Administration, Division of General Services, is hereby
36   designated as the single central broker for the leasing of real
37   property for governmental bodies. No governmental body shall
38   enter into any lease agreement or renew any existing lease except
39   in accordance with the provisions of this section.
40      (3) When any governmental body needs to acquire real
41   property for its operations or any part thereof and state-owned
42   property is not available, it shall notify the Office Division of
43   General Services of its requirement on rental request forms

     [134]                             25
 1   prepared by the office. Such forms shall indicate the amount and
 2   location of space desired, the purpose for which it shall be used,
 3   the proposed date of occupancy and such other information as
 4   General Services may require. Upon receipt of any such request,
 5   General Services shall conduct an investigation of available rental
 6   space which would adequately meet the governmental body’s
 7   requirements, including specific locations which may be suggested
 8   and preferred by the governmental body concerned. When suitable
 9   space has been located which the governmental body and the
10   office division agree meets necessary requirements and standards
11   for state leasing as prescribed in procedures of the board
12   department as provided for in subsection (5) of this section,
13   General Services shall give its written approval to the
14   governmental body to enter into a lease agreement. All proposed
15   lease renewals shall be submitted to General Services by the time
16   specified by General Services.
17      (4) The board department shall adopt procedures to be used for
18   governmental bodies to apply for rental space, for acquiring leased
19   space, and for leasing state-owned space to nonstate lessees.
20   Before implementation, these procedures must be submitted to the
21   Budget and Control Board for approval.
22      (5) Any participant in a property transaction proposed to be
23   entered who maintains that a procedure provided for in this section
24   has not been properly followed, may request review of the
25   transaction by the Director director of the Office Division of
26   General Services of the Department of Administration or his
27   designee.
28
29      Section 1-11-56. The State Budget and Control Board
30   Department of Administration, Division of General Services, in an
31   effort to ensure that funds authorized and appropriated for rent are
32   used in the most efficient manner, is directed to develop a program
33   to manage the leasing of all public and private space of state
34   agencies. The department must submit regulations for the
35   implementation of this section to the General Assembly as
36   provided in the Administrative Procedures Act, Chapter 23 of Title
37   1. The board department regulations, upon General Assembly
38   approval, shall include procedures for:
39      (1) assessing and evaluating agency needs, including the
40   authority to require agency justification for any request to lease
41   public or private space;
42      (2) establishing standards for the quality and quantity of space
43   to be leased by a requesting agency;

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 1      (3) devising and requiring the use of a standard lease form
 2   (approved by the Attorney General) with provisions which assert
 3   and protect the state’s prerogatives including, but not limited to, a
 4   right of cancellation in the event of:
 5         (a) a nonappropriation for the renting agency,;
 6         (b) a dissolution of the agency,; and
 7         (c) the availability of public space in substitution for private
 8   space being leased by the agency;
 9      (4) rejecting an agency’s request for additional space or space
10   at a specific location, or both;
11      (5) directing agencies to be located in public space, when
12   available, before private space can be leased;
13      (6) requiring the agency to submit a multi-year financial plan
14   for review by the board’s budget office Budget and Control
15   Board’s Office of State Budget with copies sent to Ways and
16   Means Committee and Senate Finance Committee, before any new
17   lease for space is entered into; and requiring prior review by the
18   Joint Bond Review Committee and the requirement of Budget and
19   Control Board approval before the adoption of any new lease that
20   commits more than one million dollars in a five-year period; and
21      (7) requiring prior review by the Joint Bond Review
22   Committee and the requirement of Budget and Control Board
23   departmental approval before the adoption of any new lease that
24   commits more than one million dollars in a five-year period.
25
26      Section 1-11-58. (1) Every state agency, as defined by Section
27   1-19-40, shall annually perform an inventory and prepare a report
28   of all residential and surplus real property owned by it. The report
29   shall be submitted to the State Budget and Control Board
30   Department of Administration, Office Division of General
31   Services, on or before June thirtieth and shall indicate current use,
32   current value, and projected use of the property. Property not
33   currently being utilized for necessary agency operations shall be
34   made available for sale and funds received from the sale of the
35   property shall revert to the general fund.
36      (2) The Office Division of General Services will shall review
37   the annual reports addressing real property submitted to it and
38   determine the real property which is surplus to the State. A central
39   listing of such property will be maintained for reference in
40   reviewing subsequent property acquisition needs of agencies.
41      (3) Upon receipt of a request by an agency to acquire
42   additional property, the Office Division of General Services shall
43   review the surplus property list to determine if the agency’s needs

     [134]                             27
 1   can may be met from existing state-owned property. If such
 2   property is identified, the Office division of General Services shall
 3   act as broker in transferring the property to the requesting agency
 4   under terms and conditions that are mutually agreeable to the
 5   agencies involved.
 6     (4) The Budget and Control Board department may authorize
 7   the Office Division of General Services to sell any unassigned
 8   surplus real property. The Office of General Services division
 9   shall have the discretion to determine the method of disposal to be
10   used, which possible methods include: auction, sealed bids, listing
11   the property with a private broker or any other method determined
12   by the Office of General Services division to be commercially
13   reasonable considering the type and location of property involved.”
14
15   E. Sections 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90,
16   1-11-100, and 1-11-110 of the 1976 Code are amended to read:
17
18      “Section 1-11-65. (A) All transactions involving real property,
19   made for or by any governmental bodies, excluding political
20   subdivisions of the State, must be recommended by the
21   Department of Administration and approved by and recorded with
22   the State Budget and Control Board. Upon approval of the
23   transaction by the Budget and Control Board, there must be
24   recorded simultaneously with the deed, a certificate of acceptance,
25   which acknowledges the board’s approval of the transaction. The
26   county recording authority cannot accept for recording any deed
27   not accompanied by a certificate of acceptance. The board may
28   exempt a governmental body from the provisions of this
29   subsection.
30      (B) All state agencies, departments, and institutions authorized
31   by law to accept gifts of tangible personal property shall have
32   executed by its governing body an acknowledgment of acceptance
33   prior to transfer of the tangible personal property to the agency,
34   department, or institution.
35
36     Section 1-11-67. The State Budget and Control Board and the
37   Department of Administration shall assess and collect a rental
38   charge from all state departments and agencies that occupy State
39   Budget and Control Board space in state-controlled office
40   buildings under their jurisdiction. The amount charged each
41   department or agency must be calculated on a square foot, or other
42   equitable basis of measurement, and at rates that will yield
43   sufficient total annual revenue to cover the annual principal and

     [134]                            28
 1   interest due or anticipated on the Capital Improvement Obligations
 2   for projects administered or planned by the Office of General
 3   Services board or by the department, and maintenance and
 4   operation costs of State Budget and Control Board-controlled or
 5   department-controlled office buildings under the supervision of the
 6   Office of General Services. The amount collected must be
 7   deposited in a special account and must be expended only for
 8   payment on Capital Improvement Obligations and maintenance
 9   and operations costs of the buildings under the supervision of the
10   Office of General Services board or department.
11      All departments and agencies against which rental charges are
12   assessed and whose operations are financed in whole or in part by
13   federal or other nonappropriated funds are both directed to
14   apportion the payment of these charges equitably among all funds
15   to ensure that each bears its proportionate share.
16
17      Section 1-11-70. All vacant lands and lands purchased by the
18   former land commissioners of the State shall be are subject to the
19   directions of the State Budget and Control Board Department of
20   Administration.
21
22     Section 1-11-80. The State Budget and Control Board, upon
23   recommendation of the South Carolina Department of
24   Administration, is authorized to grant easements and rights of way
25   to any person for construction and maintenance of power lines,
26   pipe lines, water and sewer lines and railroad facilities over, on or
27   under such vacant lands or marshland as are owned by the State,
28   upon payment of the reasonable value thereof.
29
30      Section 1-11-90. The State Budget and Control Board, upon
31   recommendation of the South Carolina Department of
32   Administration, may grant to agencies or political subdivisions of
33   the State, without compensation, rights of way through and over
34   such marshlands as are owned by the State for the construction and
35   maintenance of roads, streets and highways or power or pipe lines,
36   if, in the judgment of the Budget and Control Board, the interests
37   of the State will not be adversely affected thereby.
38
39      Section 1-11-100. Deeds or other instruments conveying such
40   rights of way or easements over such marshlands or vacant lands
41   as are owned by the State shall be executed by the Governor in the
42   name of the State, when recommended by the South Carolina
43   Department of Administration and authorized by resolution of the

     [134]                            29
 1   Budget and Control Board, duly recorded in the minutes and
 2   records of such board and when duly approved by the office of the
 3   Attorney General; deeds or other instruments conveying such
 4   easements over property in the name of or under the control of
 5   State agencies, institutions, commissions or other bodies shall be
 6   executed by the majority of the governing body thereof, shall name
 7   both the State of South Carolina and the institution, agency,
 8   commission or governing body as grantors, and shall show the
 9   written approval of the majority of the members of the State
10   Budget and Control Board.
11
12      Section 1-11-110. (1) The State Budget and Control Board,
13   upon recommendation of the South Carolina Department of
14   Administration, is authorized to acquire real property, including
15   any estate or interest therein, for, and in the name of, the State of
16   South Carolina by gift, purchase, condemnation or otherwise.
17      (2) The State Budget and Control Board, upon
18   recommendation of the South Carolina Department of
19   Administration, shall make use of the provisions of the Eminent
20   Domain Procedure Act (Chapter 2 of Title 28) if it is necessary to
21   acquire real property by condemnation. The actions must be
22   maintained by and in the name of the board. The right of
23   condemnation is limited to the right to acquire land necessary for
24   the development of the Capitol Complex mall grounds in the City
25   of Columbia.”
26
27   F.   Section 1-11-180 of the 1976 Code is amended to read:
28
29      “Section 1-11-180. (A) In addition to the powers granted the
30   Budget and Control Board South Carolina Department of
31   Administration under this chapter or any other provision of law,
32   the board department may:
33        (1) survey, appraise, examine, and inspect the condition of
34   state property to determine what is necessary to protect state
35   property against fire or deterioration and to conserve the use of the
36   property for state purposes;
37        (2) approve the destruction or disposal of state agency
38   records;
39        (3) require submission and approval of plans and
40   specifications for permanent improvements by a state department,
41   agency, or institution before a contract is awarded for the
42   permanent improvement;


     [134]                            30
 1         (4) approve blanket bonds for a state department, agency, or
 2   institution including bonds for state officials or personnel.
 3   However, the form and execution of blanket bonds must be
 4   approved by the Attorney General;
 5         (5)(3) contract to develop an energy utilization management
 6   system for state facilities under its control and to assist other
 7   agencies and departments in establishing similar programs.
 8   However, this does not authorize capital expenditures.
 9      (B) The Budget and Control Board South Carolina Department
10   of Administration may shall promulgate regulations necessary to
11   carry out this section.”
12
13   G. Chapter 11 of Title 1 of the 1976 Code is amended by adding:
14
15      “Section 1-11-185. (A) In addition to the powers granted the
16   Budget and Control Board pursuant to this chapter or another
17   provision of law, the board may require submission and approval
18   of plans and specifications for permanent improvements by a state
19   department, agency, or institution before a contract is awarded for
20   the permanent improvement.
21      (B) The Budget and Control Board may promulgate regulations
22   necessary to carry out its duties.
23      (C) The respective divisions of the Budget and Control Board
24   are authorized to provide to and receive from other governmental
25   entities, including other divisions and state and local agencies and
26   departments, goods and services as will in its opinion promote
27   efficient and economical operations. The divisions may charge
28   and pay the entities for the goods and services, the revenue from
29   which must be deposited in the state treasury in a special account
30   and expended only for the costs of providing the goods and
31   services, and those funds may be retained and expended for the
32   same purposes.”
33
34   H. (1) Section 1-11-220 of the 1976 Code, as last amended by
35   Act 203 of 2008, is further amended to read:
36
37      “Section 1-11-220. Section 1-11-220. There        is    hereby
38   established within the Budget and Control Board South Carolina
39   Department of Administration, the Division of Motor Vehicle
40   Management General Services, Program of Fleet Management
41   headed by a Director, hereafter referred to as the ‘State Fleet
42   Manager’ appointed by and reporting directly to the Budget and
43   Control Board department, hereafter referred to as the Board. The

     [134]                            31
 1   Board department shall develop a comprehensive state Fleet
 2   Management Program. The program shall address acquisition,
 3   assignment, identification, replacement, disposal, maintenance,
 4   and operation of motor vehicles.
 5      The Budget and Control Board department shall, through their
 6   its policies and regulations, seek to achieve the following
 7   objectives:
 8      (a) to achieve maximum cost-effectiveness management of
 9   state-owned motor vehicles in support of the established missions
10   and objectives of the agencies, boards, and commissions.;
11      (b) to eliminate unofficial and unauthorized use of state
12   vehicles.;
13      (c) to minimize individual assignment of state vehicles.;
14      (d) to eliminate the reimbursable use of personal vehicles for
15   accomplishment of official travel when this use is more costly than
16   use of state vehicles.;
17      (e) to acquire motor vehicles offering optimum energy
18   efficiency for the tasks to be performed.;
19      (f) to insure motor vehicles are operated in a safe manner in
20   accordance with a statewide Fleet Safety Program;
21      (g) to improve environmental quality in this State by
22   decreasing the discharge of pollutants.”
23
24     (2) Section 1-11-225 of the 1976 Code is amended to read:
25
26      “Section 1-11-225. The Division of Operations South Carolina
27   Department of Administration shall establish a cost allocation plan
28   to recover the cost of operating the comprehensive statewide Fleet
29   Management Program. The division shall collect, retain, and carry
30   forward funds to ensure continuous administration of the
31   program.”
32
33     (3) Sections 1-11-250, 1-11-260, 1-11-270(A), 1-11-280,
34   1-11-290; 1-11-300, 1-11-310, as last amended by Act 203 of
35   2008, 1-11-315, 1-11-320; 1-11-335, and 1-11-340 of the 1976
36   Code are amended to read:
37
38     “Section 1-11-250. For purposes of Sections 1-11-220 to
39   1-11-330:
40     (a) ‘State agency’ means all officers, departments, boards,
41   commissions, institutions, universities, colleges, and all persons
42   and administrative units of state government that operate motor
43   vehicles purchased, leased, or otherwise held with the use of state

     [134]                           32
 1   funds, pursuant to an appropriation, grant or encumbrance of state
 2   funds, or operated pursuant to authority granted by the State.
 3     (b) ‘Board Department’ means State Budget and Control Board
 4   the South Carolina Department of Administration.
 5
 6     Section 1-11-260. (A) The Fleet Manager shall report annually
 7   to the Budget and Control Board department and the General
 8   Assembly concerning the performance of each state agency in
 9   achieving the objectives enumerated in Sections 1-11-220 through
10   1-11-330 and include in the report a summary of the division’s
11   program’s efforts in aiding and assisting the various state agencies
12   in developing and maintaining their management practices in
13   accordance with the comprehensive statewide Motor Vehicle Fleet
14   Management Program.             This report also shall contain
15   recommended changes in the law and regulations necessary to
16   achieve these objectives.
17     (B) The board department, after consultation with state agency
18   heads, shall promulgate and enforce state policies, procedures, and
19   regulations to achieve the goals of Sections 1-11-220 through
20   1-11-330 and shall recommend administrative penalties to be used
21   by the agencies for violation of prescribed procedures and
22   regulations relating to the Fleet Management Program.
23
24      Section 1-11-270. (A) The board department shall establish
25   criteria for individual assignment of motor vehicles based on the
26   functional requirements of the job, which shall reduce the
27   assignment to situations clearly beneficial to the State. Only the
28   Governor, statewide elected officials, and agency heads are
29   provided a state-owned vehicle based on their position.
30
31      Section 1-11-280. The Board department shall develop a
32   system of agency-managed and interagency motor pools which are,
33   to the maximum extent possible, cost beneficial to the State. All
34   motor pools shall operate according to regulations promulgated by
35   the Budget and Control Board department. Vehicles shall be
36   placed in motor pools rather than being individually assigned
37   except as specifically authorized by the Board department in
38   accordance with criteria established by the Board department. The
39   motor pool operated by the Division of General Services shall be
40   transferred to the Division of Motor Vehicle Management.
41   Agencies utilizing motor pool vehicles shall utilize trip log forms
42   approved by the Board department for each trip, specifying
43   beginning and ending mileage and the job function performed.

     [134]                            33
 1     The provisions of this section shall not apply to school buses
 2   and service vehicles.
 3
 4      Section 1-11-290. The Board department in consultation with
 5   the agencies operating maintenance facilities shall study the
 6   cost-effectiveness of such facilities versus commercial alternatives
 7   and shall develop a plan for maximally cost-effective vehicle
 8   maintenance. The Budget and Control Board department shall
 9   promulgate rules and regulations governing vehicle maintenance to
10   effectuate the plan.
11      The State Vehicle Maintenance program shall include:
12      (a) central purchasing of supplies and parts;
13      (b) an effective inventory control system;
14      (c) a uniform work order and record-keeping system assigning
15   actual maintenance cost to each vehicle; and
16      (d) preventive maintenance programs for all types of vehicles.
17      All motor fuels shall be purchased from state facilities except in
18   cases where such purchase is impossible or not cost beneficial to
19   the State.
20      All fuels, lubricants, parts, and maintenance costs including
21   those purchased from commercial vendors shall be charged to a
22   state credit card bearing the license plate number of the vehicle
23   serviced and the bill shall include the mileage on the odometer of
24   the vehicle at the time of service.
25
26     Section 1-11-300. In accordance with criteria established by the
27   board department, each agency shall develop and implement a
28   uniform cost accounting and reporting system to ascertain the cost
29   per mile of each motor vehicle used by the State under their
30   control. Agencies presently operating under existing systems may
31   continue to do so provided that board departmental approval shall
32   be is required and that the existing systems shall be are uniform
33   with the criteria established by the board department. All
34   expenditures on a vehicle for gasoline and oil shall be purchased in
35   one of the following ways:
36     (1) from state-owned facilities and paid for by the use of
37   Universal State Credit Cards except where agencies purchase these
38   products in bulk;
39     (2) from any fuel outlet where gasoline and oil are sold
40   regardless of whether the outlet accepts a credit or charge card
41   when the purchase is necessary or in the best interest of the State;
42   and


     [134]                            34
 1      (3) from a fuel outlet where gasoline and oil are sold when that
 2   outlet agrees to accept the Universal State Credit Card.
 3      These provisions regarding purchase of gasoline and oil and
 4   usability of the state credit card also apply to alternative
 5   transportation fuels where available. The Budget and Control
 6   Board Division of Operations department shall adjust the
 7   budgetary appropriation in Part IA, Section 63B, for ‘Operating
 8   Expenses--Lease Fleet’ to reflect the dollar savings realized by
 9   these provisions and transfer such amount to other areas of the
10   State Fleet Management Program. The Board department shall
11   promulgate regulations regarding the purchase of motor vehicle
12   equipment and supplies to ensure that agencies within a reasonable
13   distance are not duplicating maintenance services or purchasing
14   equipment that is not in the best interest of the State. The Board
15   department shall develop a uniform method to be used by the
16   agencies to determine the cost per mile for each vehicle operated
17   by the State.
18
19      Section 1-11-310. (A) The State Budget and Control Board
20   South Carolina Department of Administration shall purchase,
21   acquire, transfer, replace, and dispose of all motor vehicles on the
22   basis of maximum cost-effectiveness and lowest anticipated total
23   life cycle costs.
24      (B) The standard state fleet sedan or station wagon must be no
25   larger than a compact model and the special state fleet sedan or
26   station wagon must be no larger than an intermediate model. The
27   director of the Division of Motor Vehicle Management State Fleet
28   Manager shall determine the types of vehicles which fit into these
29   classes. Only these classes of sedans and station wagons may be
30   purchased by the State for nonlaw enforcement use.
31      (C) The State shall purchase police sedans only for the use of
32   law enforcement officers, as defined by the Internal Revenue
33   Code. Purchase of a vehicle under this subsection must be
34   concurred in by the director of the Division of Motor Vehicle
35   Management State Fleet Manager and must be in accordance with
36   regulations promulgated or procedures adopted under Sections
37   1-11-220 through 1-11-340 which must take into consideration the
38   agency’s mission, the intended use of the vehicle, and the officer’s
39   duties. Law enforcement agency vehicles used by employees
40   whose job functions do not meet the Internal Revenue Service
41   definition of ‘Law Enforcement Officer’ must be standard or
42   special state fleet sedans.


     [134]                            35
 1      (D) All state motor vehicles must be titled to the State and must
 2   be received by and remain in the possession of the Division
 3   Program of Motor Vehicle Fleet Management pending sale or
 4   disposal of the vehicle.
 5      (E) Titles to school buses and service vehicles operated by the
 6   State Department of Education and vehicles operated by the South
 7   Carolina Department of Transportation must be retained by those
 8   agencies.
 9      (F) Exceptions to requirements in subsections (B) and (C) must
10   be approved by the director of the Division of Motor Vehicle
11   Management State Fleet Manager. Requirements in subsection (B)
12   do not apply to the State Development Board.
13      (G) Preference in purchasing state motor vehicles must be
14   given to vehicles assembled in the United States with at least
15   seventy-five percent domestic content as determined by the
16   appropriate federal agency.
17      (H) Preference in purchasing state motor vehicles must be
18   given to hybrid, plug-in hybrid, bio-diesel, hydrogen, fuel cell, or
19   flex-fuel vehicles when the performance, quality, and anticipated
20   life cycle costs are comparable to other available motor vehicles.
21
22      Section 1-11-315. The State Budget and Control Board South
23   Carolina Department of Administration, Division of General
24   Services, Program of Motor Vehicle Fleet Management, shall
25   determine the extent to which the state vehicle fleet can be
26   configured to operate on alternative transportation fuels. This
27   determination must be based on a thorough evaluation of each
28   alternative fuel and the feasibility of using such fuels to power
29   state vehicles. The state fleet must be configured in a manner that
30   will serve as a model for other corporate and government fleets in
31   the use of alternative transportation fuel. By March 1, 1993, the
32   Division Program of Motor Vehicle Fleet Management must
33   submit a plan to the General Assembly for the use of alternative
34   transportation fuels for the state vehicle fleet that will enable the
35   state vehicle fleet to serve as a model for corporate and other
36   government fleets in the use of alternative transportation fuel. This
37   plan must contain a cost/benefit analysis of the proposed changes.
38
39      Section 1-11-320. The Board department shall ensure that all
40   state-owned motor vehicles are identified as such through the use
41   of permanent state-government state government license plates and
42   either state or agency seal decals. No vehicles shall be exempt


     [134]                            36
 1   from the requirements for identification except those exempted by
 2   the Board department.
 3      This section shall not apply to vehicles supplied to law
 4   enforcement officers when, in the opinion of the Board department
 5   after consulting with the Chief of the State Law Enforcement
 6   Division, those officers are actually involved in undercover law
 7   enforcement work to the extent that the actual investigation of
 8   criminal cases or the investigators’ physical well-being would be
 9   jeopardized if they were identified. The Board department is
10   authorized to exempt vehicles carrying human service agency
11   clients in those instances in which the privacy of the client would
12   clearly and necessarily be impaired.
13
14      Section 1-11-335. The respective divisions of the Budget and
15   Control Board and the South Carolina Department of
16   Administration are authorized to provide to and receive from other
17   governmental entities, including other divisions and state and local
18   agencies and departments, goods and services, as will in its
19   opinion promote efficient and economical operations. The
20   divisions may charge and pay the entities for the goods and
21   services, the revenue from which shall be deposited in the state
22   treasury in a special account and expended only for the costs of
23   providing the goods and services, and such funds may be retained
24   and expended for the same purposes.
25
26      Section 1-11-340. The Board department shall develop and
27   implement a statewide Fleet Safety Program for operators of
28   state-owned vehicles which shall serve to minimize the amount
29   paid for rising insurance premiums and reduce the number of
30   accidents involving state-owned vehicles. The Board department
31   shall promulgate rules and regulations requiring the establishment
32   of an accident review board by each agency and mandatory driver
33   training in those instances where remedial training for employees
34   would serve the best interest of the State.”
35
36   I. Section 1-11-435 of the 1976 Code is amended to read:
37
38      “Section 1-11-435. To protect the state’s critical information
39   technology infrastructure and associated data systems in the event
40   of a major disaster, whether natural or otherwise, and to allow the
41   services to the citizens of this State to continue in such an event,
42   the Office Division of the Office of the State Chief Information
43   Officer (CIO) should develop a Critical Information Technology

     [134]                            37
 1   Infrastructure Protection Plan devising policies and procedures to
 2   provide for the confidentiality, integrity, and availability of, and to
 3   allow for alternative and immediate online access to critical data
 4   and information systems including, but not limited to, health and
 5   human services, law enforcement, and related agency data
 6   necessary to provide critical information to citizens and ensure the
 7   protection of state employees as they carry out their
 8   disaster-related duties. All state agencies and political subdivisions
 9   of this State are directed to assist the Office of the State CIO in the
10   collection of data required for this plan.”
11
12   J. Section 2-13-240(a) of the 1976 Code is amended by adding
13   at the end:
14
15        “(89) Department of Administration, six.”
16
17   K. Section 2-13-240(a)(58) of the 1976 Code is amended to read:
18
19     “(58) Budget and Control Board:
20       (a) Auditor, six;
21       (b) General Services Division, six;
22       (c) Personnel Division, one;
23       (d) Research and Statistical Services Division, one;
24       (e) Retirement System, one.;
25       (f) Statehouse, Legislative, and Judicial Facilities
26   Operations Division, one.”
27
28   L.     Chapter 9, Title 3 of the 1976 Code is amended to read:
29
30                               “CHAPTER 9
31
32          Acquisition And Distribution Of Federal Surplus Property
33
34     Section 3-9-10. (a) The Division of General Services of the
35   State Budget and Control Board South Carolina Department of
36   Administration is authorized:
37        (1) to acquire from the United States of America under and
38   in conformance with the provisions of Section 203 (j) of the
39   Federal Property and Administrative Services Act of 1949, as
40   amended, hereafter referred to as the ‘act,’ such property,
41   including equipment, materials, books, or other supplies under the
42   control of any department or agency of the United States of
43   America as may be usable and necessary for purposes of

     [134]                             38
 1   education, public health or civil defense, including research for any
 2   such purpose, and for such other purposes as may now or hereafter
 3   be authorized by federal law;
 4         (2) to warehouse such property; and
 5         (3) to distribute such property within the State to
 6   tax-supported medical institutions, hospitals, clinics, health
 7   centers, school systems, schools, colleges and universities within
 8   the State, to other nonprofit medical institutions, hospitals, clinics,
 9   health centers, schools, colleges and universities which are exempt
10   from taxation under Section 501 (c)(3) of the United States
11   Internal Revenue Code of 1954, to civil defense organizations of
12   the State, or political subdivisions and instrumentalities thereof,
13   which are established pursuant to State law, and to such other
14   types of institutions or activities as may now be or hereafter
15   become eligible under Federal law to acquire such property.
16      (b) The Division of General Services of the Department of
17   Administration is authorized to receive applications from eligible
18   health and educational institutions for the acquisition of Federal
19   surplus real property, investigate the applications, obtain
20   expression of views respecting the applications from the
21   appropriate health or educational authorities of the State, make
22   recommendations regarding the need of such applicant for the
23   property, the merits of its proposed program of utilization, the
24   suitability of the property for the purposes, and otherwise assist in
25   the processing of the applications for acquisition of real and related
26   personal property of the United States under Section 203 (k) of the
27   act.
28      (c) For the purpose of executing its authority under this
29   chapter, the Division of General Services is authorized to adopt,
30   amend or rescind rules and regulations and prescribe such
31   requirements as may be deemed necessary; and take such other
32   action as is deemed necessary and suitable, in the administration of
33   this chapter, to assure maximum utilization by and benefit to
34   health, educational and civil defense institutions and organizations
35   within the State from property distributed under this chapter.
36      (d) The Budget and Control Board South Carolina Department
37   of Administration is authorized to appoint advisory boards or
38   committees, and to employ such personnel and prescribe their
39   duties as are deemed necessary and suitable for the administration
40   of this chapter.
41      (e) The Director of the Division of General Services is
42   authorized to make such certifications, take such action and enter
43   into such contracts, agreements and undertakings for and in the

     [134]                             39
 1   name of the State (including cooperative agreements with any
 2   Federal agencies providing for utilization of property and facilities
 3   by and exchange between them of personnel and services without
 4   reimbursement), require such reports and make such investigations
 5   as may be required by law or regulation of the United States of
 6   America in connection with the receipt, warehousing and
 7   distribution of personal property received by him from the United
 8   States of America.
 9      (f) The Division of General Services is authorized to act as
10   clearinghouse of information for the public and private nonprofit
11   institutions, organizations and agencies referred to in subparagraph
12   (a) of this section and other institutions eligible to acquire federal
13   surplus personal property, to locate both real and personal property
14   available for acquisition from the United States of America, to
15   ascertain the terms and conditions under which such property may
16   be obtained, to receive requests from the above-mentioned
17   institutions, organizations and agencies and to transmit to them all
18   available information in reference to such property, and to aid and
19   assist such institutions, organizations and agencies in every way
20   possible in the consummation of acquisitions or transactions
21   hereunder.
22      (g) The Division of General Services, in the administration of
23   this chapter, shall cooperate to the fullest extent consistent with the
24   provisions of the act, and with the departments or agencies of the
25   United States of America, and shall file a State plan of operation,
26   and operate in accordance therewith, and take such action as may
27   be necessary to meet the minimum standards prescribed in
28   accordance with the act, and make such reports in such form and
29   containing such information as the United States of America or
30   any of its departments or agencies may from time to time require,
31   and it shall comply with the laws of the United States of America
32   and the rules and regulations of any of the departments or agencies
33   of the United States of America governing the allocation, transfer,
34   use or accounting for, property donable or donated to the State.
35
36      Section 3-9-20. The Director of the Division of General
37   Services may delegate such power and authority as he deems
38   reasonable and proper for the effective administration of this
39   chapter. The State Budget and Control Board South Carolina
40   Department of Administration may require bond of any person in
41   the employ of the Division of General Services receiving or
42   distributing property from the United States under authority of this
43   chapter.

     [134]                             40
 1
 2      Section 3-9-30. Any charges made or fees assessed by the
 3   Division of General Services for the acquisition, warehousing,
 4   distribution or transfer of any property of the United States of
 5   America for educational, public health or civil defense purposes,
 6   including research for any such purpose, or for any purpose which
 7   may now be or hereafter become eligible under the act, shall be
 8   limited to those reasonably related to the costs of care and handling
 9   in respect to its acquisition, receipt, warehousing, distribution or
10   transfer.
11
12     Section 3-9-40. The provisions of this chapter shall not apply to
13   the acquisition of property acquired by agencies of the State under
14   the priorities established by Section 308 (b), Title 23, United States
15   Code, Annotated.”
16
17   M. Section 10-1-10, Section 10-1-30, as last amended by Act 628
18   of 1988, and Section 10-1-40 of the 1976 Code are amended to
19   read:
20
21      “Section 10-1-10. (A) The State Budget and Control Board
22   shall keep, landscape, cultivate, and beautify the State House and
23   State House grounds with authority to expend such amounts as
24   may be annually appropriated therefor. The board shall employ all
25   help and labor in policing, protecting, and caring for the State
26   House and State House grounds and shall have full authority over
27   them.
28      (B) The State Budget and Control Board shall keep and
29   maintain the State House, Blatt Office Building, Gressette Office
30   Building, Supreme Court Building, Calhoun Office Building, and
31   the grounds of the Capitol Complex with authority to expend
32   amounts as may be appropriated annually therefor and shall have
33   full authority over the buildings. The board shall employ all help
34   and labor in policing, protecting, and caring for the State House,
35   and its grounds and shall have full authority over it.
36
37     Section 10-1-30. (A) The Director of the Division of General
38   Services of the State Budget and Control Board may authorize the
39   use of the State House lobbies, the State House steps and grounds,
40   and other public buildings and grounds in accordance with
41   regulations promulgated restrictions set by the board.
42     (B) The Budget and Control Board may authorize the use of the
43   State House lobbies and the Gressette and Blatt Office Buildings in

     [134]                             41
 1   accordance with restrictions set by the board. The director board
 2   shall obtain the approval of the Clerk of the Senate before
 3   authorizing any use of the Gressette Building and shall obtain the
 4   approval of the Clerk of the House of Representatives before
 5   authorizing any use of the Blatt Building.
 6     (C) The regulations restrictions upon the use of the buildings
 7   and grounds must contain provisions to insure ensure that the
 8   public health, safety, and welfare will be are protected in the use of
 9   the areas including reasonable time, place, and manner restrictions
10   and application periods before use. If sufficient measures cannot
11   be are not taken to protect the public health, safety, and welfare,
12   the director Budget and Control Board shall deny the requested
13   use. Other restrictions may be imposed on the use of the areas as
14   are necessary for the conduct of business in those areas and the
15   maintenance of the dignity, decorum, and aesthetics of the areas.
16
17      Section 10-1-40. There is hereby established a committee to be
18   known as the ‘State House Committee’, consisting of five
19   members of the Senate, appointed by the Lieutenant Governor and
20   five members of the House of Representatives, appointed by the
21   Speaker, whose duties shall be to review all proposals for
22   alterations and/or renovations to the State House. No alterations or
23   renovations shall be undertaken without the approval of this
24   committee.”
25
26   N. Section 10-1-130 of the 1976 Code is amended to read:
27
28      “Section 10-1-130. The trustees or governing bodies of State
29   institutions and agencies may grant easements and rights of way
30   over any property under their control, upon the recommendation of
31   the Department of Administration and the concurrence and
32   acquiescence of the State Budget and Control Board, whenever it
33   appears that such easements will do not materially impair the
34   utility of the property or damage it and, when a consideration is
35   paid therefor, any such amounts shall must be placed in the State
36   Treasury to the credit of the institution or agency having control of
37   the property involved.”
38
39   O. Section 10-1-190 of the 1976 Code, as added by Act 145 of
40   1995, is amended to read:
41
42      “Section 10-1-190. As part of the approval process relating to
43   trades of state property for nonstate property, the Budget and

     [134]                             42
 1   Control Board South Carolina Department of Administration is
 2   authorized to approve the application of any net proceeds resulting
 3   from such a transaction to the improvement of the property held by
 4   the board department, subject to the approval of the Budget and
 5   Control Board.”
 6
 7   P.   Chapter 9, Title 10 of the 1976 Code is amended to read:
 8
 9                              “CHAPTER 9
10
11                     Minerals and Mineral Interests
12                           in Public Lands
13
14                                Article 1
15
16                           General Provisions
17
18     Section 10-9-10. The Public Service Authority may, through its
19   board of directors, make and execute leases of gas, oil and other
20   minerals and mineral rights, excluding phosphate and lime and
21   phosphatic deposits, over and upon the lands and properties owned
22   by said Authority; and the State Budget and Control Board South
23   Carolina Department of Administration and the forfeited land
24   commissions of the several counties of this State may, with the
25   approval of the Attorney General, make and execute such leases
26   over and upon the lands and waters of the State and of the several
27   counties under the ownership, management, or control of such
28   Board the department and commissions respectively.
29
30      Section 10-9-20. No such lease shall provide for a royalty of
31   less than twelve and one-half per cent of production of oil and gas
32   from the lease.
33
34      Section 10-9-30. Nothing contained in this article shall estop
35   the State from enacting proper laws for the conservation of the oil,
36   gas and other mineral resources of the State and all leases and
37   contracts made under authority of this article shall be subject to
38   such laws; provided, that the State Budget and Control Board
39   South Carolina Department of Administration may negotiate for
40   leases of oil, gas and other mineral rights upon all of the lands and
41   waters of the State, including offshore marginal and submerged
42   lands.
43

     [134]                            43
 1      Section 10-9-35. In the event that the State of South Carolina
 2   is the recipient of revenues derived from offshore oil leases within
 3   the jurisdictional limits of the State such revenues shall be
 4   deposited with the State Treasurer in a special fund and shall be
 5   expended only by authorization of the General Assembly.
 6      Funds so accumulated shall be expended only for the following
 7   purposes:
 8      (1) to retire the bonded indebtedness incurred by South
 9   Carolina;
10      (2) for capital improvement expenditures.
11
12      Section 10-9-40. The authority conferred upon the Public
13   Service Authority, the State Budget and Control Board South
14   Carolina Department of Administration, and the forfeited land
15   commissions by this article shall be cumulative and in addition to
16   the rights and powers heretofore vested by law in such Authority,
17   such State Budget and Control Board the South Carolina
18   Department of Administration, and such commissions,
19   respectively.
20
21                                Article 3
22
23                                Phosphate
24
25     Section 10-9-110. The State Budget and Control Board South
26   Carolina Department of Administration shall be charged with the
27   exclusive control and protection of the rights and interest of the
28   State in the phosphate rocks and phosphatic deposits in the
29   navigable streams and in the marshes thereof.
30
31      Section 10-9-120. The Board department may inquire into and
32   protect the interests of the State in and to any phosphatic deposits
33   or mines, whether in the navigable waters of the State or in land
34   marshes or other territory owned or claimed by other parties, and
35   in the proceeds of any such mines and may take such action for, or
36   in behalf of, the State in regard thereto as it may find necessary or
37   deem proper.
38
39      Section 10-9-130. The Board department may issue to any
40   person who applies for a lease or license granting a general right to
41   dig, mine and remove phosphate rock and phosphatic deposits
42   from all the navigable streams, waters and marshes belonging to
43   the State and also from such of the creeks, not navigable, lying

     [134]                            44
 1   therein as may contain phosphate rock and deposits belonging to
 2   the State and not previously granted. Such leases or licenses may
 3   be for such terms as may be determined by the Board department.
 4   The annual report of the Board department to the General
 5   Assembly shall include a list of all effective leases and licenses.
 6   The Board department may make a firm contract for the royalty to
 7   be paid the State which shall not be increased during the life of the
 8   license. Provided, that prior to the grant or issuance of any lease or
 9   license, the Board department shall cause to be published a notice
10   of such application in a newspaper having general circulation in
11   the county once a week for three successive weeks prior to the
12   grant or issuance. Provided, further However, the lessee or
13   licensee may shall not take possession if there be is an adverse
14   claim and the burden of proving ownership in the State shall be
15   placed upon the lessee or licensee.
16
17     Section 10-9-140. In every case in which such an application
18   shall be is made to the Board department for a license, the Board
19   department may grant or refuse the license as it may deem
20   considers best for the interest of the State and the proper
21   management of the interests of the State in such those deposits.
22
23      Section 10-9-150. As a condition precedent to the right to dig,
24   mine, and remove the rocks and deposits granted by any such a
25   license, each licensee shall enter into bond, with security, in the
26   penal sum of five thousand dollars, conditioned for the making at
27   the end of every month of true and faithful returns to the
28   Comptroller General of the number of tons of phosphate rock and
29   phosphatic deposits so dug or mined and the punctual payment to
30   the State Treasurer of the royalty provided at the end of every
31   quarter or three months. Such The bond and sureties thereon shall
32   be are subject to the approval required by law for the bonds of
33   State officers.
34
35      Section 10-9-160. Whenever the Board department shall have
36   reason to doubt the solvency of any surety whose name appears
37   upon any bond executed for the purpose of securing the payment
38   of the phosphate royalty by any person digging, mining and
39   removing phosphate rock or phosphatic deposits in any of the
40   territory, the property of the State, under any grant or license, the
41   Board department shall forthwith notify the person giving such
42   bond and the sureties thereon and require that one or more sureties,


     [134]                             45
 1   as the case may be, shall be added to the bond, such surety or
 2   sureties to be approved by the Board department.
 3
 4     Section 10-9-170. The Board department, upon petition filed
 5   by any person who is surety on any such bond as aforesaid and
 6   who considers himself in danger of being injured by such
 7   suretyship, shall notify the person giving such bond to give a new
 8   bond with other sureties and upon failure of such person to do so
 9   within thirty days shall cause such person to suspend further
10   operations until a new bond be given. But in In no case shall the
11   sureties on the old bond be discharged from liability thereon until
12   the new bond has been executed and approved, and such sureties
13   shall not be discharged from any antecedent liability by reason of
14   such suretyship.
15
16      Section 10-9-180. The Board department is hereby vested with
17   full and complete power and control over all mining in the
18   phosphate territory belonging to this State and over all persons
19   digging or mining phosphate rock or phosphatic deposit in the
20   navigable streams and waters or in the marshes thereof, with full
21   power and authority, subject to the provisions of Sections 10-9-130
22   and 10-9-190 to fix, regulate, raise or reduce such royalty per ton
23   as shall from time to time be paid to the State by such persons for
24   all or any such phosphate rock dug, mined, removed and shipped
25   or otherwise sent to the market therefrom. But six Six months’
26   notice shall be given all persons at such time digging or mining
27   phosphate rock in such navigable streams, waters or marshes
28   before any increase shall be made in the rate of royalty theretofore
29   existing.
30
31      Section 10-9-190. Each person to whom a license shall be
32   issued must, at the end of every month, make to the Comptroller
33   General a true and lawful return of the phosphate rock and
34   phosphatic deposits he may have dug or mined during such month
35   and shall punctually pay to the State Treasurer, at the end of every
36   quarter or three months, a royalty of five cents per ton upon each
37   and every ton of the crude rock (not of the rock after it has been
38   steamed or dried), the first quarter to commence to run on the first
39   day of January in each year.
40
41      Section 10-9-200. The State Budget and Control Board South
42   Carolina Department of Administration shall, within twenty days
43   after the grant of any license as aforesaid, notify the Comptroller

     [134]                            46
 1   General of the issuing of such license, with the name of the person
 2   to whom issued, the time of the license and the location for which
 3   it was issued.
 4
 5      Section 10-9-210. Every person who shall dig, mine or remove
 6   any phosphate rock or phosphatic deposit from the beds of the
 7   navigable streams, waters and marshes of the State without license
 8   therefor previously granted by the State to such person shall be
 9   liable to a penalty of ten dollars for each and every ton of
10   phosphate rock or phosphatic deposits so dug, mined or removed,
11   to be recovered by action at the suit of the State in any court of
12   competent jurisdiction. One half of such penalty shall be for the
13   use of the State and the other half for the use of the informer.
14
15      Section 10-9-220. It shall be unlawful for any person to
16   purchase or receive any phosphate rock or phosphatic deposit dug,
17   mined or removed from the navigable streams, waters or marshes
18   of the State from any person not duly authorized by act of the
19   General Assembly of this State or license of the Board department
20   to dig, mine or remove such phosphate rock or phosphatic deposit.
21
22     Section 10-9-230. Any person violating Section 10-9-220 shall
23   forfeit to the State the sum of ten dollars for each and every ton of
24   phosphate rock or phosphatic deposit so purchased or received, to
25   be recovered by action in any court of competent jurisdiction. One
26   half of such forfeiture shall be for the use of the State and the other
27   half for the use of the informer.
28
29      Section 10-9-240. Should any person whosoever interfere with,
30   obstruct or molest or attempt to interfere with, obstruct or molest
31   the Board department or anyone by it authorized or licensed
32   hereunder in the peaceable possession and occupation for mining
33   purposes of any of the marshes, navigable streams or waters of the
34   State, then the Board department may, in the name and on behalf
35   of the State, take such measures or proceedings as it may be
36   advised are proper to enjoin and terminate any such molestation,
37   interference or obstruction and place the State, through its agents,
38   the Board department or any one under it authorized, in absolute
39   and practical possession and occupation of such marshes,
40   navigable streams or waters.
41
42     Section 10-9-250. Should any person attempt to mine or
43   remove phosphate rock and phosphatic deposits from any of the

     [134]                             47
 1   marshes, navigable waters or streams, including the Coosaw River
 2   phosphate territory, by and with any boat, vessel, marine dredge or
 3   other appliances for such mining or removal, without the leave or
 4   license of the Board department thereto first had and obtained, all
 5   such boats, vessels, marine dredges and other appliances are
 6   hereby declared forfeited to and property of the State, and the
 7   Attorney General, for and in behalf of the State, shall institute
 8   proceedings in any court of competent jurisdiction for the claim
 9   and delivery thereof, in the ordinary form of action for claim and
10   delivery, in which action the title of the State shall be established
11   by the proof of the commission of any such act of forfeiture by the
12   person owning them, or his agents, in possession of such boats,
13   vessels, marine dredges or other appliances. In any such action the
14   State shall not be called upon or required to give any bond or
15   obligation such as is required by parties plaintiff in action for claim
16   and delivery.
17
18      Section 10-9-260. Any person wilfully interfering with,
19   molesting or obstructing or attempting to interfere with, molest or
20   obstruct the State or the State Budget and Control Board South
21   Carolina Department of Administration or anyone by it authorized
22   or licensed in the peaceable possession and occupation of any of
23   the marshes, navigable streams or waters of the State, including the
24   Coosaw River phosphate territory, or who shall dig or mine or
25   attempt to dig or mine any of the phosphate rock or phosphatic
26   deposits of this State without a license so to do issued by the Board
27   department shall be punished for each offense by a fine of not less
28   than one hundred dollars nor more than five hundred dollars or
29   imprisonment for not less than one nor more than twelve months,
30   or both, at the discretion of the court.
31
32      Section 10-9-270. The Board department shall report annually
33   to the General Assembly its actions and doings under this article
34   during the year to the time of the meeting of the Assembly, with an
35   itemized account of its expenses for the year incurred in
36   connection with its duties and powers under this article.
37
38                                 Article 5
39
40                          Geothermal Resources
41



     [134]                             48
 1      Section 10-9-310. For purposes of this article geothermal
 2   resources mean the natural heat of the earth at temperatures greater
 3   than forty degrees Celsius and includes:
 4      (1) The energy, including pressure, in whatever form present
 5   in, resulting from, created by, or that may be extracted from that
 6   natural heat.
 7      (2) The material medium, including the brines, water, and
 8   steam naturally present, as well as any substance artificially
 9   introduced to serve as a heat transfer medium.
10      (3) All dissolved or entrained minerals and gases that may be
11   obtained from the material medium but excluding hydrocarbon
12   substances and helium.
13
14      Section 10-9-320. The State Budget and Control Board (board)
15   South Carolina Department of Administration may lease
16   development rights to geothermal resources underlying surface
17   lands owned by the State. The board department must promulgate
18   regulations regarding the method of lease acquisition, lease terms,
19   and conditions due the State under lease operations. The South
20   Carolina Department of Natural Resources is designated as the
21   exclusive agent for the board in selecting lands to be leased,
22   administering the competitive bidding for leases, administering the
23   leases, receiving and compiling comments from other state
24   agencies concerning the desirability of leasing the state lands
25   proposed for leasing and such other activities that pertain to
26   geothermal resource leases as may be included herein as
27   responsibilities of the board department.
28
29      Section 10-9-330. Any lease of rights to drill for and use oil,
30   natural gas, or minerals on public or private lands must not allow
31   drilling for or use of geothermal energy by the lessee unless the
32   instrument creating the lease specifically provides for such use.”
33
34   Q. Section 10-11-50 of the 1976 Code, as last amended by Act
35   181 of 1993, is further amended to read:
36
37     “Section 10-11-50. (A) It shall be unlawful for anyone to park
38   any vehicle on any of the property described in Section 10-11-40
39   and subsection (2) of Section 10-11-80 except in the spaces and
40   manner now marked and designated or that may hereafter be
41   marked and designated by the State Budget and Control Board
42   South Carolina Department of Administration, in cooperation with


     [134]                            49
 1   the Department of Transportation, or to block or impede traffic
 2   through the alleys and driveways.
 3      (B) The State Budget and Control Board must ensure that
 4   parking spaces are available in the garage below the Capitol
 5   Complex, in proximity to the buildings utilized by the legislative,
 6   judicial, and executive branches, in the locations in use on the
 7   effective date of this subsection, and assigned as follows:
 8        (1) three hundred for the House of Representatives;
 9        (2) two hundred twelve for the Senate;
10        (3) twenty-nine for the Judicial Department; and
11        (4) fifty-seven for the Office of the Governor.”
12
13   R.   Section 10-11-90 of the 1976 Code is amended to read:
14
15      “Section 10-11-90. The watchmen and policemen employed by
16   the Budget and Control Board for the protection of the property
17   described in Sections 10-11-30 and 10-11-40 and subsection (2) of
18   Section 10-11-80 are hereby vested with all of the powers,
19   privileges and immunities of constables while on this area or in
20   fresh pursuit of those violating the law in this area, provided that
21   such watchmen and policemen take and file the oath required of
22   peace officers, execute and file bond in the form required of State
23   constables, in the amount of one thousand dollars, with the Budget
24   and Control Board, and be duly commissioned by the Governor.”
25
26   S.   Section 10-11-110 of the 1976 Code is amended to read:
27
28     “Section 10-11-110. In connection with traffic and parking
29   violations only, the watchmen and policemen referred to in Section
30   10-11-90, State highway patrolmen and policemen of the City of
31   Columbia shall have the right to issue and use parking tickets of
32   the type used by the City of Columbia, with such changes as are
33   necessitated hereby, to be prepared and furnished by the Budget
34   and Control Board South Carolina Department of Administration,
35   upon the issuance of which the procedures shall be followed as
36   prevail in connection with the use of parking tickets by the City of
37   Columbia. Nothing herein shall restrict the application and use of
38   regular arrest warrants.”
39
40   T. Sections 11-9-610, 11-9-620, and 11-9-630 of the 1976 Code
41   are amended to read:
42


     [134]                            50
 1      “Section 11-9-610. The State Budget and Control Board South
 2   Carolina Department of Administration shall receive and manage
 3   the incomes and revenues set apart and applied to the Sinking Fund
 4   of the State. The department must report annually on the financial
 5   status of the Sinking Fund to the Budget and Control Board.
 6
 7     Section 11-9-620. All moneys monies arising from the
 8   redemption of lands, leases, and sales of property or otherwise
 9   coming to the State Budget and Control Board South Carolina
10   Department of Administration for the Sinking Fund, shall must be
11   paid into the State Treasury and shall be kept on a separate account
12   by the treasurer as a fund to be drawn upon the warrants of the
13   Board department for the exclusive uses and purposes which have
14   been or shall be declared in relation to the Sinking Fund.
15
16      Section 11-9-630. The Subject to the approval of the State
17   Budget and Control Board, the South Carolina Department of
18   Administration shall sell and convey, for and on behalf of the
19   State, all such real property, assets and effects belonging to the
20   State as are not in actual public use, such sales to be made from
21   time to time in such manner and upon such terms as it may deem
22   most advantageous to the State. This shall not be construed to
23   authorize the sale by the Board department of any property held in
24   trust for a specific purpose by the State or the property of the State
25   in the phosphate rocks or phosphatic deposits in the beds of the
26   navigable streams and waters and marshes of the State.”
27
28   U. Sections 11-35-3810 and 11-35-3830, both as amended by
29   Act 153 of 1997, and Sections 11-35-3820 and 11-35-3840, both
30   as amended by Act 376 of 2006, of the 1976 Code are further
31   amended to read:
32
33     “Section 11-35-3810. Subject to existing provisions of law,
34   the board Department of Administration shall promulgate
35   regulations governing:
36     (1) the sale, lease, or disposal of surplus supplies by public
37   auction, competitive sealed bidding, or other appropriate methods
38   designated by such regulations;
39     (2) the transfer of excess supplies between agencies and
40   departments.
41
42     Section 11-35-3820. Except as provided in Section 11-35-1580
43   and Section 11-35-3830 and the regulations pursuant to them, the

     [134]                             51
 1   sale of all state-owned supplies, or personal property not in actual
 2   public use must be conducted and directed by the designated board
 3   office Division of General Services of the South Carolina
 4   Department of Administration. The sales must be held at such
 5   places and in a manner as in the judgment of the designated board
 6   office Division of General Services is most advantageous to the
 7   State. Unless otherwise determined, sales must be by either public
 8   auction or competitive sealed bid to the highest bidder. Each
 9   governmental body shall inventory and report to the designated
10   board office division all surplus personal property not in actual
11   public use held by that governmental body for sale. The
12   designated board office division shall deposit the proceeds from
13   the sales, less expense of the sales, in the state general fund or as
14   otherwise directed by regulation. This policy and procedure
15   applies to all governmental bodies unless exempt by law.
16
17      Section 11-35-3830 (1) Trade-in Value. Unless otherwise
18   provided by law, governmental bodies may trade-in personal
19   property, the trade-in value of which may be applied to the
20   procurement or lease of like items. The trade-in trade in value of
21   such personal property shall not exceed an amount as specified in
22   regulations promulgated by the board Department of
23   Administration.
24      (2) Approval of Trade-in Sales. When the trade-in value of
25   personal property of a governmental body exceeds the specified
26   amount, the board Department of Administration shall have the
27   authority to determine whether:
28         (a) the subject personal property shall be traded in and the
29   value applied to the purchase of new like items; or
30         (b) the property shall be classified as surplus and sold in
31   accordance with the provisions of Section 11-35-3820. The board
32   departmental determination shall be in writing and be subject to
33   the provisions of this chapter.
34      (3) Record of Trade-in Sales. Governmental bodies shall
35   submit quarterly to the materials management officer a record
36   listing all trade-in sales made under subsections (1) and (2) of this
37   section.
38
39      Section 11-35-3840. The State Budget and Control Board may
40   license for public sale publications, including South Carolina
41   Business Opportunities, materials pertaining to training programs,
42   and information technology products that are developed during the
43   normal course of the board’s activities. The items must be

     [134]                            52
 1   licensed at reasonable costs established in accordance with the cost
 2   of the items. All proceeds from the sale of the publications and
 3   materials must be placed in a revenue account and expended for
 4   the cost of providing the services.”
 5
 6   V. Section 13-7-30 of the 1976 Code, as last amended by Act
 7   357 of 2000, is further amended to read:
 8
 9      “Section 13-7-30. For purposes of this article, the State Budget
10   and Control Board, upon recommendation of the South Carolina
11   Department of Administration, hereinafter in this section referred
12   to as the board, is designated as the agency of the State which shall
13   have the following powers and duties that are in accord with its
14   already established responsibilities for custody of state properties,
15   and for the management of all state sinking funds, insurance, and
16   analogous fiscal matters that are relevant to state properties:
17      (1) expend state funds in order to acquire, develop, and operate
18   land and facilities. This acquisition may be by lease, dedication,
19   purchase, or other arrangements. However, the state’s functions
20   under the authority of this section are limited to the specific
21   purposes of this article;
22      (2) lease, sublease, or sell real and personal properties to public
23   or private bodies;
24      (3) assure the maintenance of insurance coverage by state
25   licensees, lessees, or sublessees as will in the opinion of the board
26   protect the citizens of the State against nuclear incident that may
27   occur on state-controlled atomic energy facilities;
28      (4) assume responsibility for extended custody and
29   maintenance of radioactive materials held for custodial purposes at
30   any publicly or privately operated facility located within the State,
31   in the event the parties operating these facilities abandon their
32   responsibility, or when the license for the facility is ultimately
33   transferred to an agency of the State, and whenever the federal
34   government or any agency of the federal government has not
35   assumed the responsibility.
36      In order to finance such extended custody and maintenance as
37   the board may undertake, the board may collect fees from private
38   or public parties holding radioactive materials for custodial
39   purposes. These fees must be sufficient in each individual case to
40   defray the estimated cost of the board custodial management
41   activities for that individual case. The fees collected for such
42   custodial management activities shall also be sufficient to provide
43   additional funds for the purchase of insurance which shall be

     [134]                             53
 1   purchased for the protection of the State and the general public for
 2   the period such radioactive material considering its isotope and
 3   curie content together with other factors may present a possible
 4   danger to the general public in the event of migration or dispersal
 5   of such radioactivity. All such fees, when received by the board,
 6   must be transmitted to the State Treasurer. The Treasurer must
 7   place the money in a special account, in the nature of a revolving
 8   trust fund, which may be designated ‘extended care maintenance
 9   fund’, to be disbursed on authorization of the board. Monies in the
10   extended care maintenance funds must be invested by the board in
11   the manner as other state monies. However, any interest accruing
12   as a result of investment must accrue to this extended care
13   maintenance fund.            Except as authorized in Section
14   48-46-40(B)(7)(b) and (D)(2), the extended care maintenance fund
15   must be used exclusively for custodial, surveillance, and
16   maintenance costs during the period of institutional control and
17   during any post-closure and observation period specified by the
18   Department of Health and Environmental Control, and for
19   activities associated with closure of the site. Funds from the
20   extended care maintenance fund shall not be used for site closure
21   activities or for custodial, surveillance, and maintenance performed
22   during the post-closure observation period until all funds in the
23   decommissioning trust account are exhausted.
24      (5) Enter into an agreement with the federal government or any
25   of its authorized agencies to assume extended maintenance of
26   lands donated, leased, or purchased from the federal government or
27   any of its authorized agencies and used for development of atomic
28   energy resources or as custodial site for radioactive material.”
29
30   W. Section 13-7-830 of the 1976 Code, as last amended by Act
31   357 of 2000, is further amended to read:
32
33     “Section 13-7-830. The recommendations described in Section
34   13-7-620 shall be made available to the General Assembly, the
35   Governor, and the Budget and Control Board, South Carolina
36   Department of Administration.”
37
38   X. Section 48-46-30(4) of the 1976 Code, as added by Act 357 of
39   2000, is amended to read:
40
41     “(4) ‘Board’ means the South Carolina Budget and Control
42   Board or its designated official, and ‘Department’ means the South
43   Carolina Department of Administration or its designee.”

     [134]                            54
 1
 2   Y.     Section 48-46-40 of the 1976 Code, as last amended by Act
 3   318 of 2006, is further amended to read:
 4
 5      “Section 48-46-40. (A)(1) The board, upon recommendation of
 6   the Department of Administration, shall approve disposal rates for
 7   low-level radioactive waste disposed at any regional disposal
 8   facility located within the State. The approval of disposal rates
 9   pursuant to this chapter is neither a regulation nor the
10   promulgation of a regulation as those terms are specially used in
11   Title 1, Chapter 23 Chapter 23 of Title 1.
12         (2) The board shall adopt a maximum uniform rate schedule
13   for regional generators containing disposal rates that include the
14   administrative surcharges specified in Section 48-46-60(B) and
15   surcharges for the extended custody and maintenance of the
16   facility pursuant to Section 13-7-30(4) and that do not exceed the
17   approximate disposal rates, excluding any access fees and
18   including a specification of the methodology for calculating fees
19   for large components, generally applicable to regional generators
20   on September 7, 1999. Any disposal rates contained in a valid
21   written agreement that were applicable to a regional generator on
22   September 7, 1999, that differ from rates in the maximum uniform
23   rate schedule will continue to be honored through the term of such
24   agreement. The maximum uniform rate schedule approved under
25   this section becomes effective immediately upon South Carolina’s
26   membership in the Atlantic Compact. The maximum uniform rate
27   schedule shall be the rate schedule applicable to regional waste
28   whenever it is not superseded by an adjusted rate approved by the
29   board pursuant to paragraph (3) of this subsection or by special
30   disposal rates approved pursuant to paragraphs (5) or (6)(e) of this
31   subsection.
32         (3) The board may at any time of its own initiative, at the
33   request of a site operator, or at the request of the compact
34   commission, adjust the disposal rate or the relative proportions of
35   the individual components that constitute the overall rate schedule.
36   Except as adjusted for inflation in subsection (4), rates adjusted in
37   accordance with this section, that include the administrative
38   surcharges specified in Section 48-46-60(B) and surcharges for the
39   extended custody and maintenance of the facility pursuant to
40   Section 13-7-30(4), may shall not exceed initial disposal rates set
41   by the board, upon recommendation of the department pursuant to
42   subsection (2).


     [134]                            55
 1        (4) In March of each year the board shall adjust the rate
 2   schedule based on the most recent changes in the most nearly
 3   applicable Producer Price Index published by the Bureau of Labor
 4   Statistics as chosen by the board or a successor index.
 5        (5) In consultation with the site operator and upon
 6   recommendation of the department, the board or its designee, on a
 7   case-by-case basis, may approve special disposal rates for regional
 8   waste that differ from the disposal rate schedule for regional
 9   generators set by the board pursuant to subsections (2) and (3).
10   Requests by the site operator for such approval shall be in writing
11   to the board. In approving such special rates, the board or its
12   designee, shall consider available disposal capacity, demand for
13   disposal capacity, the characteristics of the waste, the potential for
14   generating revenue for the State, or other relevant factors;
15   provided, however, that the board shall not approve any special
16   rate for an entity owned by or affiliated with the site operator.
17   Special disposal rates approved by the board under this subsection
18   shall be in writing and shall be kept confidential as proprietary
19   business information for one year from the date when the bid or
20   the request for proposal containing the special rate is accepted by
21   the regional generator; provided, however, that such special rates
22   when accepted by a regional generator shall be disclosed to the
23   compact commission and to all other regional generators, which
24   shall, to the extent permitted by applicable law, keep them
25   confidential as proprietary business information for one year from
26   the date when the bid or request for proposal containing this
27   special rate is accepted by the regional generator. Within one
28   business day of a special disposal rate’s acceptance, the site
29   operator shall notify the board, the department, the compact
30   commission, and the regional generators of each special rate that
31   has been accepted by a regional generator, and the board,
32   department, the compact commission, and regional generators may
33   communicate with each other about such special rates. If any
34   special rate approved by the board for a regional generator is lower
35   than a disposal rate approved by the board for regional generators
36   pursuant to subsections (2) and (3) for waste that is generally
37   similar in characteristics and volume, the disposal rate for all
38   regional generators shall be revised to equal the special rate for the
39   regional generator. Regional generators may enter into contracts
40   for waste disposal at such special rates and on comparable terms
41   for a period of not less than six months. An officer of the site
42   operator shall certify in writing to the board and the compact
43   commission each month that no regional generator’s disposal rate

     [134]                             56
 1   exceeds any other regional generator’s special rate for waste that is
 2   generally similar in characteristics and volume, and such
 3   certification shall be subject to periodic audit by the board and the
 4   compact commission.
 5         (6)(a) To the extent authorized by the compact commission,
 6   the board, upon recommendation of the Department of
 7   Administration and on behalf of the State of South Carolina, may
 8   enter into agreements with any person in the United States or its
 9   territories or any interstate compact, state, U.S. territory, or U.S.
10   Department of Defense military installation abroad for the
11   importation of waste into the region for purposes of disposal at a
12   regional disposal facility within South Carolina. No waste from
13   outside the Atlantic Compact region may be disposed at a regional
14   disposal facility within South Carolina, except to the extent that the
15   board is authorized by the compact commission to enter into
16   agreements for importation of waste.
17      The board shall authorize the importation of nonregional waste
18   into the region for purposes of disposal at the regional disposal
19   facility in South Carolina so long as nonregional waste would not
20   result in the facility accepting more than the following total
21   volumes of all waste:
22            ( i) 160,000 cubic feet in fiscal year 2001;
23            ( ii) 80,000 cubic feet in fiscal year 2002;
24            (iii) 70,000 cubic feet in fiscal year 2003;
25            ( iv) 60,000 cubic feet in fiscal year 2004;
26            ( v) 50,000 cubic feet in fiscal year 2005;
27            ( vi) 45,000 cubic feet in fiscal year 2006;
28            (vii) 40,000 cubic feet in fiscal year 2011;
29            (viii) 35,000 cubic feet in fiscal year 2008.
30      After fiscal year 2012, the board shall not authorize the
31   importation of nonregional waste for purposes of disposal.
32            (b) The board, upon recommendation of the department
33   may approve disposal rates applicable to nonregional generators.
34   In approving disposal rates applicable to nonregional generators,
35   the board, upon recommendation of the department may consider
36   available disposal capacity, demand for disposal capacity, the
37   characteristics of the waste, the potential for generating revenue
38   for the State, and other relevant factors.
39            (c) Absent action by the board under subsection (b) above
40   to establish disposal rates for nonregional generators, rates
41   applicable to these generators must be equal to those contained in
42   the maximum uniform rate schedule approved by the board
43   pursuant to paragraph (2) or (3) of this subsection for regional

     [134]                             57
 1   generators unless these rates are superseded by special disposal
 2   rates approved by the board pursuant to paragraph (6)(e) of this
 3   subsection.
 4            (d) Regional generators shall not pay disposal rates that
 5   are higher than disposal rates for nonregional generators in any
 6   fiscal quarter.
 7            (e) In consultation with the site operator and upon
 8   recommendation of the Department of Administration, the board or
 9   its designee, on a case-by-case basis, may approve special disposal
10   rates for nonregional waste that differ from the disposal rate
11   schedule for nonregional generators set by the board. Requests by
12   the site operator for such approval shall be in writing to the board.
13   In approving such special rates, the board or its designee shall
14   consider available disposal capacity, demand for disposal capacity,
15   the characteristics of the waste, the potential for generating
16   revenue for the State, and other relevant factors; provided,
17   however, that the board shall not approve any special rate for an
18   entity owned by or affiliated with the site operator. Special
19   disposal rates approved by the board under this subsection shall be
20   in writing and shall be kept confidential as proprietary business
21   information for one year from the date when the bid or request for
22   proposal containing the special rate is accepted by the nonregional
23   generator; provided, however, that such special rates when
24   accepted by a nonregional generator shall be disclosed to the
25   compact commission and to all regional generators, which shall, to
26   the extent permitted by applicable law, keep them confidential as
27   proprietary business information for one year from the date when
28   the bid or request for proposal containing the special rate is
29   accepted by the nonregional generator. Within one business day of
30   a special disposal rate’s acceptance, the site operator shall notify
31   the board department, the compact commission, and the regional
32   generators in writing of each special rate that has been accepted by
33   a nonregional generator, and the board, department, the compact
34   commission, and regional generators may communicate with each
35   other about such special rates. If any special rate approved by the
36   board for a nonregional generator is lower than a disposal rate
37   approved by the board for regional generators for waste that is
38   generally similar in characteristics and volume, the disposal rate
39   for all regional generators shall be revised to equal the special rate
40   for the nonregional generator. Regional generators may enter into
41   contracts for waste disposal at such special rate and on comparable
42   terms for a period of not less than six months. An officer of the
43   site operator shall certify in writing to the board, department and

     [134]                             58
 1   the compact commission each month that no regional generator
 2   disposal rate exceeds any nonregional generator’s special rate for
 3   waste that is generally similar in characteristics and volume, and
 4   such certification shall be subject to periodic audit by the board,
 5   department and the compact commission.
 6      (B)(1) Effective upon the implementation of initial disposal
 7   rates by the board under Section 48-46-40(A), the PSC is
 8   authorized and directed to identify allowable costs for operating a
 9   regional low-level radioactive waste disposal facility in South
10   Carolina.
11         (2) In identifying the allowable costs for operating a regional
12   disposal facility, the PSC shall:
13            (a) prescribe a system of accounts, using generally
14   accepted accounting principles, for disposal site operators, using as
15   a starting point the existing system used by site operators;
16            (b) assess penalties against disposal site operators if the
17   PSC determines that they have failed to comply with regulations
18   pursuant to this section; and
19            (c) require periodic reports from site operators that
20   provide information and data to the PSC and parties to these
21   proceedings. The Office of Regulatory Staff shall obtain and audit
22   the books and records of the site operators associated with disposal
23   operations as determined applicable by the PSC.
24         (3) Allowable costs include the costs of those activities
25   necessary for:
26            (a) the receipt of waste;
27            (b) the construction of disposal trenches, vaults, and
28   overpacks;
29            (c) construction and maintenance of necessary physical
30   facilities;
31            (d) the purchase or amortization of necessary equipment;
32            (e) purchase of supplies that are consumed in support of
33   waste disposal activities;
34            (f) accounting and billing for waste disposal;
35            (g) creating and maintaining records related to disposed
36   waste;
37            (h) the administrative costs directly associated with
38   disposal operations including, but not limited to, salaries, wages,
39   and employee benefits;
40            (i) site surveillance and maintenance required by the State
41   of South Carolina, other than site surveillance and maintenance
42   costs covered by the balance of funds in the decommissioning trust
43   fund or the extended care maintenance fund;

     [134]                            59
 1           (j) compliance with the license, lease, and regulatory
 2   requirements of all jurisdictional agencies;
 3           (k) administrative costs associated with collecting the
 4   surcharges provided for in subsections (B) and (C) of Section
 5   48-46-60;
 6           (l) taxes other than income taxes;
 7           (m) licensing and permitting fees; and
 8           (n) any other costs directly associated with disposal
 9   operations determined by the PSC to be allowable.
10      Allowable costs do not include the costs of activities associated
11   with lobbying and public relations, clean-up and remediation
12   activities caused by errors or accidents in violation of laws,
13   regulations, or violations of the facility operating license or
14   permits, activities of the site operator not directly in support of
15   waste disposal, and other costs determined by the PSC to be
16   unallowable.
17        (4) Within ninety days following the end of a fiscal year, a
18   site operator may file an application with the PSC to adjust the
19   level of an allowable cost under subsection (3), or to allow a cost
20   not previously designated an allowable cost. A copy of the
21   application must be provided to the Office of Regulatory Staff.
22   The PSC shall process such application in accordance with its
23   procedures. If such application is approved by the PSC, the PSC
24   shall authorize the site operator to adjust allowable costs for the
25   current fiscal year so as to compensate the site operator for
26   revenues lost during the previous fiscal year.
27        (5) A private operator of a regional disposal facility in South
28   Carolina is authorized to charge an operating margin of
29   twenty-nine percent. The operating margin for a given period must
30   be determined by multiplying twenty-nine percent by the total
31   amount of allowable costs as determined in this subsection,
32   excluding allowable costs for taxes and licensing and permitting
33   fees paid to governmental entities.
34        (6) The site operator shall prepare and file with the PSC a
35   Least Cost Operating Plan. The plan must be filed within forty-five
36   days of enactment of this chapter and must be revised annually.
37   The plan shall include information concerning anticipated
38   operations over the next ten years and shall evaluate all options for
39   future staffing and operation of the site to ensure least cost
40   operation, including information related to the possible interim
41   suspension of operations in accordance with subsection (B)(7). A
42   copy of the plan must be provided to the Office of Regulatory
43   Staff.

     [134]                            60
 1         (7)(a) If the board, upon recommendation of the Department
 2   of Administration and upon the advice of the compact commission
 3   or the site operator, concludes based on information provided to
 4   the board department, that the volume of waste to be disposed
 5   during a forthcoming period of time does not appear sufficient to
 6   generate receipts that will be adequate to reimburse the site
 7   operator for its costs of operating the facility and its operating
 8   margin, then the board department shall direct the site operator to
 9   propose to the compact commission plans including, but not
10   necessarily limited to, a proposal for discontinuing acceptance of
11   waste until such time as there is sufficient waste to cover the site
12   operator’s operating costs and operating margin. Any proposal to
13   suspend operations must detail plans of the site operator to
14   minimize its costs during the suspension of operations. Any such
15   proposal to suspend operations must be approved by the
16   Department of Health and Environmental Control with respect to
17   safety and environmental protection.
18           (b) Allowable costs applicable to any period of suspended
19   operations must be approved by the PSC according to procedures
20   similar to those provided herein for allowable operating costs.
21   During any such suspension of operations, the site operator must
22   be reimbursed by the board department from the extended care
23   maintenance fund for its allowable costs and its operating margin.
24   During the suspension funding to reimburse the board department,
25   the PSC, and the State Treasurer under Section 48-46-60(B) and
26   funding of the compact commission under Section 48-46-60(C)
27   must also be allocated from the extended care maintenance fund as
28   approved by the board department based on revised budgets
29   submitted by the PSC, State Treasurer, and the compact
30   commission.
31           (c) Notwithstanding any disbursements from the extended
32   care maintenance fund in accordance with any provision of this
33   act, the board department shall continue to ensure, in accordance
34   with Section 13-7-30, that the fund remains adequate to defray the
35   costs for future maintenance costs or custodial and maintenance
36   obligations of the site and other obligations imposed on the fund
37   by this chapter.
38           (d) The PSC may promulgate regulations and policies
39   necessary to execute the provisions of this section.
40         (8) The PSC may use any standard, formula, method, or
41   theory of valuation reasonably calculated to arrive at the objective
42   of identifying allowable costs associated with waste disposal. The
43   PSC may consider standards, precedents, findings, and decisions in

     [134]                            61
 1   other jurisdictions that regulate allowable costs for radioactive
 2   waste disposal.
 3        (9) In all proceedings held pursuant to this section, the board
 4   shall participate as a party representing the interests of the State of
 5   South Carolina, and the compact commission may participate as a
 6   party representing the interests of the compact states. The
 7   Executive Director of the Office of Regulatory Staff and the
 8   Attorney General of the State of South Carolina shall be parties to
 9   any such proceeding. Representatives from the Department of
10   Health and Environmental Control shall participate in proceedings
11   where necessary to determine or define the activities that a site
12   operator must conduct in order to comply with the regulations and
13   license conditions imposed by the department. Other parties may
14   participate in the PSC’s proceedings upon satisfaction of standing
15   requirements and compliance with the PSC’s procedures. Any site
16   operator submitting records and information to the PSC may
17   request that the PSC treat such records and information as
18   confidential and not subject to disclosure in accordance with the
19   PSC’s procedures.
20        (10) In all respects in which the PSC has power and authority
21   under this chapter, it shall conduct its proceedings under the South
22   Carolina Administrative Procedures Act and the PSC’s rules and
23   regulations. The PSC is authorized to compel attendance and
24   testimony of a site operator’s directors, officers, agents, or
25   employees.
26        (11) At any time the compact commission, the board, or any
27   generator subject to payment of rates set pursuant to this chapter
28   may file a petition against a site operator alleging that allowable
29   costs identified pursuant to this chapter are not in conformity with
30   the directives of this chapter or the directives of the PSC or that the
31   site operator is otherwise not acting in conformity with the
32   requirements of this chapter or directives of the PSC. Upon filing
33   of the petition, the PSC shall cause a copy of the petition to be
34   served upon the site operator. The petitioning party has the burden
35   of proving that allowable costs or the actions of the site operator
36   do not conform. The hearing shall conform to the rules of practice
37   and procedure of the PSC for other cases.
38        (12) The PSC shall encourage alternate forms of dispute
39   resolution including, but not limited to, mediation or arbitration to
40   resolve disputes between a site operator and any other person
41   regarding matters covered by this chapter.
42      (C) The operator of a regional disposal facility shall submit to
43   the South Carolina Department of Revenue, the PSC, the Office of

     [134]                             62
 1   Regulatory Staff, and the board within thirty days following the
 2   end of each quarter a report detailing actual revenues received in
 3   the previous fiscal quarter and allowable costs incurred for
 4   operation of the disposal facility.
 5      (D)(1) Within 30 days following the end of the fiscal year the
 6   operator of a regional disposal facility shall submit a payment
 7   made payable to the South Carolina Department of Revenue in an
 8   amount that is equal to the total revenues received for waste
 9   disposed in that fiscal year (with interest accrued on cash flows in
10   accordance with instructions from the State Treasurer) minus
11   allowable costs, operating margin, and any payments already made
12   from such revenues pursuant to Section 48-46-60(B) and (C) for
13   reimbursement of administrative costs to state agencies and the
14   compact commission. The Department of Revenue shall deposit
15   the payment with the State Treasurer.
16         (2) If in any fiscal year total revenues do not cover allowable
17   costs plus the operating margin, the board department must
18   reimburse the site operator its allowable costs and operating
19   margin from the extended care maintenance fund within thirty days
20   after the end of the fiscal year. The board, upon recommendation
21   of the department, shall as soon as practicable authorize a
22   surcharge on waste disposed in an amount that will fully
23   compensate the fund for the reimbursement to the site operator. In
24   the event that total revenues for a fiscal year do not cover
25   allowable costs plus the operating margin, or quarterly reports
26   submitted pursuant to subsection (C) indicate that such annual
27   revenue may be insufficient, the board department shall consult
28   with the compact commission and the site operator as early as
29   practicable on whether the provisions of Section 48-46-40(B)(7)
30   pertaining to suspension of operations during periods of
31   insufficient revenues should be invoked.
32      (E) Revenues received pursuant to item (1) of subsection (D)
33   must be allocated as follows:
34         (1) The South Carolina State Treasurer shall distribute the
35   first two million dollars received for waste disposed during a fiscal
36   year to the County Treasurer of Barnwell County for distribution
37   to each of the parties to and beneficiaries of the order of the United
38   States District Court in C.A. No. 1:90-2912-6 on the same
39   schedule of allocation as is established within that order for the
40   distribution of ‘payments in lieu of taxes’ paid by the United States
41   Department of Energy.
42         (2) All revenues in excess of two million dollars received
43   from waste disposed during the previous fiscal year must be

     [134]                             63
 1   deposited in a fund called the ‘Nuclear Waste Disposal Receipts
 2   Distribution Fund’. Any South Carolina waste generator whose
 3   disposal fees contributed to the fund during the previous fiscal year
 4   may submit a request for a rebate of 33.33 percent of the funds
 5   paid by the generator during the previous fiscal year for disposal of
 6   waste at a regional disposal facility. These requests along with
 7   invoices or other supporting material must be submitted in writing
 8   to the State Treasurer within fifteen days of the end of the fiscal
 9   year. For this purpose disposal fees paid by the generator must
10   exclude any fees paid pursuant to Section 48-46-60(C) for compact
11   administration and fees paid pursuant to Section 48-46-60(B) for
12   reimbursement of the PSC, the Office of Regulatory Staff, the
13   State Treasurer, and the board for administrative expenses under
14   this chapter. Upon validation of the request and supporting
15   documentation by the State Treasurer, the State Treasurer shall
16   issue a rebate of the applicable funds to qualified waste generators
17   within sixty days of the receipt of the request. If funds in the
18   Nuclear Waste Disposal Receipts Distribution Fund are
19   insufficient to provide a rebate of 33.33 percent to each generator,
20   then each generator’s rebate must be reduced in proportion to the
21   amount of funds in the account for the applicable fiscal year.”
22        (3) All funds deposited in the Nuclear Waste Disposal
23   Receipts Distribution Fund for waste disposed for each fiscal year,
24   less the amount needed to provide generators rebates pursuant to
25   item (2), shall be deposited by the State Treasurer in the
26   ‘Children’s Education Endowment Fund’. Thirty percent of these
27   monies must be allocated to Higher Education Scholarship Grants
28   and used as provided in Section 59-143-30, and seventy percent of
29   these monies must be allocated to Public School Facility
30   Assistance and used as provided in Chapter 144 of Title 59.
31      (F) Effective beginning fiscal year 2001-2002, there is
32   appropriated annually from the general fund of the State to the
33   Higher Education Scholarship Grants share of the Children’s
34   Education Endowment whatever amount is necessary to credit to
35   the Higher Education Scholarship Grants share an amount not less
36   than the amount credited to that portion of the endowment in fiscal
37   year 1999-2000. Revenues credited to the endowment pursuant to
38   this subsection, for purposes of Section 59-143-10, are deemed to
39   be received by the endowment pursuant to the former provisions of
40   Section 48-48-140(C).”
41
42   Z. Section 48-46-50(A) of the 1976 Code, as added by Act 357
43   of 2000, is amended to read:

     [134]                            64
 1
 2      “(A) The Governor shall appoint two commissioners to the
 3   Atlantic Compact Commission and may appoint up to two
 4   alternate commissioners. These alternate commissioners may
 5   participate in meetings of the compact commission in lieu of and
 6   upon the request of a South Carolina commissioner. Technical
 7   representatives from the Department of Health and Environmental
 8   Control, the board, the Department of Administration, the PSC,
 9   and other state agencies may participate in relevant portions of
10   meetings of the compact commission upon the request of a
11   commissioner, alternate commissioner, or staff of the compact
12   commission, or as called for in the compact commission bylaws.”
13
14   AA. Section 48-46-60 of the 1976 Code, as added by Act 357 of
15   2000, is amended to read:
16
17      “Section 48-46-60. (A) The Governor and the board are
18   authorized to take such actions as are necessary to join the Atlantic
19   Compact including, but not limited to, petitioning the Compact
20   Commission for membership and participating in any and all
21   rulemaking processes. South Carolina’s membership in the
22   Atlantic Compact pursuant to this chapter is effective July 1, 2000,
23   if by that date the Governor certifies to the General Assembly that
24   the Compact Commission has taken each of the actions specified
25   below. If the Compact Commission by July 1, 2000, has not taken
26   each of the actions specified below, then South Carolina’s
27   membership shall become effective as soon thereafter as the
28   Governor certifies that the Atlantic Compact Commission has
29   taken these actions:
30        (1) adopted a binding regulation or policy in accordance
31   with Article VII(e) of the compact establishing conditions for
32   admission of a party state that are consistent with this act and
33   ordered that South Carolina be declared eligible to be a party state
34   consistent with those conditions;
35        (2) adopted a binding regulation or policy in accordance
36   with Article IV(i)(11) of the Atlantic Compact authorizing a host
37   state to enter into agreements on behalf of the compact and
38   consistent with criteria established by the compact commission and
39   consistent with the provisions of Section 48-46-40(A)(6)(a) and
40   Section 48-46-50(D) with any person for the importation of waste
41   into the region for purposes of disposal, to the extent that these
42   agreements do not preclude the disposal facility from accepting all
43   regional waste that can reasonably be projected to require disposal

     [134]                            65
 1   at the regional disposal facility consistent with subitem (5)(b) of
 2   this section;
 3         (3) adopted a binding regulation or policy in accordance
 4   with Article IV(i)(12) of the Atlantic Compact authorizing each
 5   regional generator, at the generator’s discretion, to ship waste to
 6   disposal facilities located outside the Atlantic Compact region;
 7         (4) authorized South Carolina to proceed with plans to
 8   establish disposal rates for low-level radioactive waste disposal in
 9   a manner consistent with the procedures described in this chapter;
10         (5) adopted a binding regulation, policy, or order officially
11   designating South Carolina as a volunteer host state for the
12   region’s disposal facility, contingent upon South Carolina’s
13   membership in the compact, in accordance with Article V.b.1. of
14   the Atlantic Compact, thereby authorizing the following
15   compensation and incentives to South Carolina:
16           (a) agreement, as evidenced in a policy, regulation, or
17   order that the compact commission will issue a payment of twelve
18   million dollars to the State of South Carolina. Before issuing the
19   twelve million-dollar payment, the compact commission will
20   deduct and retain from this amount seventy thousand dollars,
21   which will be credited as full payment of South Carolina’s
22   membership dues in the Atlantic Compact. The remainder of the
23   twelve million-dollar payment must be credited to an account in
24   the State Treasurer’s office, separate and distinct from the fund,
25   styled ‘Barnwell Economic Development Fund’. This fund, and
26   earnings on this fund which must be credited to the fund, may only
27   be expended for purposes of economic development in the
28   Barnwell County area including, but not limited to, projects of the
29   Barnwell County Economic Development Corporation and
30   projects of the Tri-County alliance which includes Barnwell,
31   Bamberg, and Allendale Counties and projects in the Williston
32   area of Aiken County. Economic development includes, but is not
33   limited to, industrial recruitment, infrastructure construction,
34   improvement, and expansion, and public facilities construction,
35   improvement, and expansion. These funds must be spent
36   according to guidelines established by the Barnwell County
37   governing body and upon approval of the board, and upon
38   recommendation of the department. Expenditures must be
39   authorized by the Barnwell County governing body and with the
40   approval of the board, and upon recommendation of the
41   department. Upon approval of the Barnwell County governing
42   body and the board department, the State Treasurer shall submit


     [134]                            66
 1   the approved funds to the Barnwell County Treasurer for
 2   disbursement pursuant to the authorization;
 3           (b) adopted a binding regulation, policy, or order
 4   consistent with the regional management plan developed pursuant
 5   to Article V(a) of the Atlantic Compact, limiting Connecticut and
 6   New Jersey to the use of not more than 800,000 cubic feet of
 7   disposal capacity at the regional disposal facility located in
 8   Barnwell County, South Carolina, and also ensuring that up to
 9   800,000 cubic feet of disposal capacity remains available for use
10   by Connecticut and New Jersey unless this estimate of need is later
11   revised downward by unanimous consent of the compact
12   commission;
13           (c) agreement, as evidenced in a policy or regulation, that
14   the compact commission headquarters and office will be relocated
15   to South Carolina within six months of South Carolina’s
16   membership; and
17           (d) agreement, as evidenced in a policy or regulation, that
18   the compact commission will, to the extent practicable, hold a
19   majority of its meetings in the host state for the regional disposal
20   facility.
21      (B) The board, the Department of Administration, the State
22   Treasurer, and the PSC shall provide the required staff and may
23   add additional permanent or temporary staff or contract for
24   services, as well as provide for operating expenses, if necessary, to
25   administer new responsibilities assigned under this chapter. In
26   accordance with Article V.f.2. of the Atlantic Compact the
27   compensation, costs, and expenses incurred incident to
28   administering these responsibilities may be paid through a
29   surcharge on waste disposed at regional disposal facilities within
30   the State. To cover these costs the board shall impose a surcharge
31   per unit of waste received at any regional disposal facility located
32   within the State. A site operator shall collect and remit these fees
33   to the board in accordance with the board’s directions. All such
34   surcharges shall be included within the disposal rates set by the
35   board pursuant to Section 48-46-40.
36      (C) In accordance with Article V.f.3. of the Atlantic Compact,
37   the compact commission shall advise the board department at least
38   annually, but more frequently if the compact commission deems
39   appropriate, of the compact commission’s costs and expenses. To
40   cover these costs the board department shall impose a surcharge
41   per unit of waste received at any regional disposal facility located
42   within the State as determined in Section 48-46-40. A site
43   operator shall collect and remit these fees to the board department

     [134]                            67
 1   in accordance with the board department’s directions, and the
 2   board department shall remit those fees to the compact
 3   commission.”
 4
 5   BB. Section 48-46-90(A) of the 1976 Code, as added by Act 357
 6   of 2000, is amended to read:
 7
 8      “(A) In accordance with Section 13-7-30, the board department,
 9   or its designee, is responsible for extended custody and
10   maintenance of the Barnwell site following closure and license
11   transfer from the facility operator. The Department of Health and
12   Environmental Control is responsible for continued site
13   monitoring.”
14
15   CC. Section 48-52-410 of the 1976 Code, as added by Act 449 of
16   1992, is amended to read:
17
18      “Section 48-52-410. There is established the State Energy
19   Office within the State Budget and Control Board Department of
20   Administration which shall serve as the principal energy planning
21   entity for the State. Its primary purpose is to develop and
22   implement a well-balanced energy strategy and to increase the
23   efficiency of use of all energy sources throughout South Carolina
24   through the implementation of the Plan for State Energy Policy.
25   The State Energy Office must not function as a regulatory body.”
26
27   DD. Section 48-52-440 of the 1976 Code, as last amended by Act
28   318 of 2006, is further amended to read:
29
30     “Section 48-52-440. There is established the Energy Advisory
31   Committee, whose members are appointed by the State Budget and
32   Control Board Director of the Department of Administration,
33   except as provided in item (14) of this section. Members shall
34   serve at the pleasure of the State Budget and Control Board
35   Director of the Department of Administration except that those
36   appointed pursuant to item (14) shall serve for a term coterminous
37   with that of their appointing authority. The committee is
38   composed as follows:
39     ( 1) two representatives of investor-owned electricity
40   companies;
41     ( 2) two representatives of electric cooperatives;
42     ( 3) one representative of the South Carolina Public Service
43   Authority, who shall serve ex officio;

     [134]                           68
 1      ( 4) one representative of municipally-owned electric utilities;
 2      ( 5) one representative of publicly-owned natural gas
 3   companies;
 4      ( 6) one representative of investor-owned gas companies;
 5      ( 7) one representative of oil suppliers or dealers;
 6      ( 8) one representative of propane suppliers or dealers;
 7      ( 9) one representative of nonprofit public transportation
 8   providers;
 9      (10) two representatives of industrial consumers;
10      (11) two representatives of commercial consumers;
11      (12) two representatives of individual consumers; one must be
12   the Executive Director of the Office of Regulatory Staff or his
13   designee, who shall serve ex officio;
14      (13) two representatives of environmental groups; and
15      (14) one at-large member appointed by the Governor.
16   The Budget and Control Board Director of the Department of
17   Administration shall elect appoint one of the committee members
18   to serve as chairman. The members of the Energy Advisory
19   Committee are not eligible for per diem payments or for
20   reimbursement for lodging or meals. The functions of the Energy
21   Advisory Committee are advisory to the State Energy Office. The
22   committee shall meet at least annually and at the call of the chair
23   or at the request of at least six members to receive information on
24   the activities of the State Energy Office and the formulation and
25   implementation of the state energy action plan. It may comment
26   and advise on the activities and the plan as considered appropriate
27   by members of the committee. The State Energy Office may seek
28   advice and guidance from the committee as considered appropriate
29   by the director of the office. Members shall adopt rules governing
30   meeting attendance and abide by these rules.”
31
32   EE. Section 48-52-460 of the 1976 Code, as added by Act 449 of
33   1992, is amended to read:
34
35     “Section 48-52-460. The establishment of the State Energy
36   Office within the State Budget and Control Board, as provided for
37   in this part, Department of Administration must be evaluated if
38   further restructuring or reorganizing of state government takes
39   place so as to identify and provide for the proper placement of the
40   office upon further restructuring or reorganizing.”
41
42   FF. Section 48-52-680(C) of the 1976 Code, as added by Act 449
43   of 1992, is amended to read:

     [134]                           69
 1
 2     “(C) The State Energy Office shall provide the Office of
 3   Property Management of the Budget and Control Board, Division
 4   of General Services, information to be used in evaluating energy
 5   costs for buildings or portions of buildings proposed to be leased
 6   by governmental bodies that are defined in and subject to the
 7   Consolidated Procurement Code. The information provided must
 8   be considered with the other criteria provided by law by a
 9   governmental body before entering into a real property lease.”
10
11   GG. Section 44-53-530(a) and (b) of the 1976 Code, as last
12   amended by Act 345 of 2006, is further amended to read:
13
14      “(a) Forfeiture of property defined in Section 44-53-520 must
15   be accomplished by petition of the Attorney General or his
16   designee or the circuit solicitor or his designee to the court of
17   common pleas for the jurisdiction where the items were seized.
18   The petition must be submitted to the court within a reasonable
19   time period following seizure and shall set forth the facts upon
20   which the seizure was made. The petition shall describe the
21   property and include the names of all owners of record and
22   lienholders of record. The petition shall identify any other persons
23   known to the petitioner to have interests in the property. Petitions
24   for the forfeiture of conveyances shall also include: the make,
25   model, and year of the conveyance, the person in whose name the
26   conveyance is registered, and the person who holds the title to the
27   conveyance. The petition shall set forth the type and quantity of
28   the controlled substance involved. A copy of the petition must be
29   sent to each law enforcement agency which has notified the
30   petitioner of its involvement in effecting the seizure. Notice of
31   hearing or rule to show cause must be directed to all persons with
32   interests in the property listed in the petition, including law
33   enforcement agencies which have notified the petitioner of their
34   involvement in effecting the seizure. Owners of record and
35   lienholders of record may be served by certified mail, to the last
36   known address as appears in the records of the governmental
37   agency which records the title or lien.
38      The judge shall determine whether the property is subject to
39   forfeiture and order the forfeiture confirmed. If the judge finds a
40   forfeiture, he shall then determine the lienholder’s interest as
41   provided in this article. The judge shall determine whether any
42   property must be returned to a law enforcement agency pursuant to
43   Section 44-53-582.

     [134]                            70
 1      If there is a dispute as to the division allocation of the proceeds
 2   of forfeited property among participating law enforcement
 3   agencies, this issue must be determined by the judge. The
 4   proceeds from a sale of property, conveyances, and equipment
 5   must be disposed of pursuant to subsection (e) of this section.
 6      All property, conveyances, and equipment which will not be
 7   reduced to proceeds may be transferred to the law enforcement
 8   agency or agencies or to the prosecution agency. Upon agreement
 9   of the law enforcement agency or agencies and the prosecution
10   agency, conveyances and equipment may be transferred to any
11   other appropriate agency. Property transferred must not be used to
12   supplant operating funds within the current or future budgets. If
13   the property seized and forfeited is an aircraft or watercraft and is
14   transferred to a state law enforcement agency or other state agency
15   pursuant to the provisions of this subsection, its use and retainage
16   by that agency shall be at the discretion and approval of the Budget
17   and Control Board South Carolina Department of Administration.
18      If a defendant or his attorney sends written notice to the
19   petitioner or the seizing agency of his interest in the subject
20   property, service may be made by mailing a copy of the petition to
21   the address provided and service may not be made by publication.
22   In addition, service by publication may not be used for a person
23   incarcerated in a South Carolina Department of Corrections
24   facility, a county detention facility, or other facility where inmates
25   are housed for the county where the seizing agency is located. The
26   seizing agency shall check the appropriate institutions after
27   receiving an affidavit of nonservice before attempting service by
28   publication.
29      (b) If the property is seized by a state law enforcement agency
30   and is not transferred by the court to the seizing agency, the judge
31   shall order it transferred to the Division of General Services of the
32   Department of Administration for sale. Proceeds may be used by
33   the division for payment of all proper expenses of the proceedings
34   for the forfeiture and sale of the property, including the expenses
35   of seizure, maintenance, and custody, and other costs incurred by
36   the implementation of this section. The net proceeds from any sale
37   must be remitted to the State Treasurer as provided in subsection
38   (g) of this section. The Division of General Services of the South
39   Carolina Department of Administration may authorize payment of
40   like expenses in cases where monies, negotiable instruments, or
41   securities are seized and forfeited.”
42
43   HH. Section 44-96-140 of the 1976 Code is amended to read:

     [134]                             71
 1
 2      “Section 44-96-140. (A) Not later than twelve months after the
 3   date on which the department submits the state solid waste
 4   management plan to the Governor and to the General Assembly,
 5   the General Assembly, the Governor’s Office of the Governor, the
 6   Judiciary, each state agency, and each state-supported institution of
 7   higher education shall:
 8         (1) establish a source separation and recycling program in
 9   cooperation with the department and the Division of General
10   Services of the State Budget and Control Board South Carolina
11   Department of Administration for the collection of selected
12   recyclable materials generated in state offices throughout the State
13   including, but not limited to, high-grade office paper, corrugated
14   paper, aluminum, glass, tires, composting materials, plastics,
15   batteries, and used oil;
16         (2) provide procedures for collecting and storing recyclable
17   materials, containers for storing materials, and contractual or other
18   arrangements with collectors or buyers of the recyclable materials,
19   or both;
20         (3) evaluate the amount of waste paper material recycled and
21   make all necessary modifications to the recycling program to
22   ensure that all waste paper materials are recycled to the maximum
23   extent feasible; and
24         (4) establish and implement, in cooperation with the
25   department and the Division of General Services of the
26   Department of Administration, a solid waste reduction program for
27   materials used in the course of agency operations. The program
28   shall be designed and implemented to achieve the maximum
29   feasible reduction of solid waste generated as a result of agency
30   operations.
31      (B) Not later than September fifteen of each year, each state
32   agency and each state-supported institution of higher learning shall
33   submit to the department a report detailing its source separation
34   and recycling program and a review of all goods and products
35   purchased during the previous fiscal year by those agencies and
36   institutions containing recycled materials using the content
37   specifications established by the Office of Materials Management
38   Division of General Services, Department of Administration.
39      (C) By November first of each year the department shall submit
40   a report to the Governor and to the General Assembly reviewing
41   all goods and products purchased by the State and determining
42   what percentage of state purchases contain recycled materials
43   using content specifications established by the Office of Materials

     [134]                            72
 1   Management, Division of General Services, Department of
 2   Administration. The report also must review existing procurement
 3   regulations for the purchase of products and materials and must
 4   identify any portions of such regulations that discriminate against
 5   products and materials with recycled content and products and
 6   materials which are recyclable.
 7      (D) Not later than one year after this chapter is effective, the
 8   Division of General Services, Department of Administration shall
 9   amend the procurement regulations to eliminate the portions of the
10   regulations identified in its report as discriminating against
11   products and materials with recycled content and products and
12   materials which are recyclable.
13      (E) Not later than one year after the effective date of the
14   amendments to the procurement regulations, the General
15   Assembly, the Governor’s Office of the Governor, the Judiciary,
16   all state agencies, all political subdivisions using state funds to
17   procure items, and all persons contracting with such agency or
18   political subdivision where such persons procure items with state
19   funds shall procure products and materials with recycled content
20   and products and materials which are recyclable where practicable,
21   as determined by the Office of Materials Management, Division of
22   General Services, Department of Administration. The list of
23   recycled content specifications must be updated annually. It is the
24   goal of the General Assembly for state and local governmental
25   agencies to reflect a twenty-five percent goal in their procurement
26   policies. The decision not to procure such items shall be based on a
27   determination that such procurement items:
28         (1) are not available within a reasonable period of time;
29         (2) fail to meet the performance standards set forth in the
30   applicable specifications; or
31         (3) are only available at a price that exceeds by more than
32   seven and one- half percent the price of alternative items.
33      (F) Not later than six months after this chapter is effective, and
34   annually thereafter, the Department of Transportation shall submit
35   a report to the Governor and to the General Assembly on the use
36   of:
37         (1) compost as a substitute for regular soil amendment
38   products in all highway projects;
39         (2) solid waste including, but not limited to, ground rubber
40   from tires and fly ash or mixtures of them from coal-fired electrical
41   facilities in road surfacing of subbase materials;
42         (3) solid waste including, but not limited to, glass aggregate,
43   plastic, and fly ash in asphalt or concrete; and

     [134]                            73
 1        (4) recycled mixed-plastic materials for guardrail posts,
 2   right-of-way fence posts, and sign supports.”
 3
 4                                Part VI
 5
 6                 Performance Audit and Effective Date
 7
 8   SECTION 9. During the year 2016, the Legislative Audit Council
 9   shall conduct a performance review of the provisions of this act to
10   determine its effectiveness and achievements with regard to the
11   more efficient performance of the functions and duties of the
12   various agencies provided for herein and the cost savings and
13   benefits to the State.
14
15   SECTION 10. Unless otherwise provided, this act takes effect
16   July 1, 2011.
17                         ----XX----
18




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