| 9 | | - | A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 1-11-10, RELATING TO THE DEPARTMENT OF ADMINISTRATION, SO AS TO MOVE THE PROCUREMENT SERVICES DIVISION TO THE DEPARTMENT; BY AMENDING SECTION 1-11-20, RELATING TO THE TRANSFER OF OFFICES, DIVISIONS, AND OTHER AGENCIES FROM THE STATE BUDGET AND CONTROL BOARD TO APPROPRIATE ENTITIES, SO AS TO REMOVE THE PROCUREMENT SERVICES DIVISION FROM THE STATE FISCAL AFFAIRS AUTHORITY; AND BY AMENDING SECTION 11-35-310, RELATING TO THE SOUTH CAROLINA PROCUREMENT CODE, SO AS TO MAKE CONFORMING CHANGES. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 1-11-10(A) of the S.C. Code is amended to read: (A) There is hereby created, within the executive branch of the state government, the Department of Administration, headed by a director appointed by the Governor upon the advice and consent of the Senate who only may be removed pursuant to Section 1-3-240(B). Effective July 1, 2015, the The following offices, divisions, or components of the former State Budget and Control Board, Office of the Governor, or other agencies are transferred to, and incorporated into, the Department of Administration: (1) the Division of General Services, including Business Operations, Facilities Management, State Building and Property Services, and Agency Services, including surplus property, intrastate mail, parking, state fleet management, except that the Division of General Services shall not be transferred to the Department of Administration until the Director of the Department of Administration enters into a memorandum of understanding with appropriate officials of applicable legislative and judicial agencies or departments meeting the requirements of this subsection. There shall be a single memorandum of understanding involving the Department of Administration and the legislative and judicial branches with appropriate officials of each to be signatories to the memorandum of understanding. (a) The memorandum of understanding shall provide for: (i) continued use of existing office space; (ii) a method for the allocation of new, additional, or different office space; (iii) adequate parking; (iv) a method for the allocation of new, additional, or different parking; (v) the provision of appropriate levels of electrical, mechanical, maintenance, energy management, fire protection, custodial, project management, safety and building renovation, and other services currently provided by the General Services Division of the State Budget and Control Board; (vi) the provision of water, electricity, steam, and chilled water to the offices, areas, and facilities occupied by the applicable agencies; (vii) the ability for each agency or department to maintain building access control for its allocated office space; and (viii) access control for the Senate and House chambers and courtrooms as appropriate. (b) The parties may modify the memorandum of understanding by mutual consent at any time. (c) The General Services Division must provide the services described in subsection (a) and any other maintenance and support, at a level that is greater than or equal to what is provided prior to the effective date of this act, to each building on the Capitol Complex, including the Supreme Court, without charge. The General Services Division must coordinate with the appropriate officials of applicable legislative and judicial agencies or departments when providing these services to the buildings and areas controlled by those agencies; (2) the State Office of Human Resources; (3) the Guardian Ad Litem Program as established in Article 5, Chapter 11, Title 63; (4) the Office of Economic Opportunity, the office designated by the Governor to be the state administering agency that is responsible for the receipt and distribution of the federal funds as allocated to South Carolina for the implementation of Title VI, Public Law 97-35; (5) Deleted; (6)(5) the Continuum of Care for Emotionally Disturbed Children as established in Article 13, Chapter 11, Title 63; (7)(6) the Division for Review of the Foster Care of Children as established by Article 7, Chapter 11, Title 63; (8) Deleted; (9) Reserved; (10)(7) the Department of Veterans' Affairs as established by Chapter 11, Title 25; (11)(8) the Commission on Women as established by Chapter 15, Title 1; (12)(9) the Governor's Office of Ombudsman; (13)(10) the Division of Small and Minority Business Contracting and Certification, as established pursuant to Article 21, Chapter 35, Title 11, formerly known as the Small and Minority Business Assistance Office; (14)(11) the Division of State Information Technology, including the Data Center, Telecommunications and Information Technology Services, the South Carolina Enterprise Information System, and the Division of Information Security; and (15)(12) the Nuclear Advisory Council as established in Article 9, Chapter 7, Title 13. (13) the Procurement Services Division. SECTION 2. Section 1-11-20 of the S.C. Code is amended to read: Section 1-11-20. (A) The South Carolina Confederate Relic Room and Military Museum is transferred from the State Budget and Control Board and is governed by the South Carolina Confederate Relic Room and Military Museum Commission, as established in Section 60-17-10. (B) The State Energy Office is transferred from the State Budget and Control Board to the Office of Regulatory Staff. (C) The offices, divisions, or components of the State Budget and Control Board named in this subsection are transferred to, and incorporated into, the Rural Infrastructure Authority as established in Section 11-50-30. All functions, powers, duties, responsibilities, and authority vested in the agencies and authorities, including their governing boards, if any, named in this subsection are devolved upon the Rural Infrastructure Authority and the authority shall constitute the agencies and authorities, including their governing boards, if any, named in this subsection: (1) Local Government Division in support of the local government loan program as established in Section 1-11-25; (2) Water Resources Coordinating Council as established in Section 11-37-200(A); and (3) Division of Regional Development as established in Section 11-42-40. (D) The regulation of minerals and mineral interests on public land, and the regulation of Geothermal Resources as provided in Chapter 9, Title 10 is transferred to, and incorporated into, the Department of Health and Environmental Control. (E) The Procurement Services Division of the State Budget and Control Board is transferred to, and incorporated into, the State Fiscal Accountability Authority. (F)(E) The State Auditor is transferred to, and incorporated into, the State Fiscal Accountability Authority. (G)(F) South Carolina Infrastructure Facilities Authority as established in Chapter 40, Title 11 and the South Carolina Water Quality Revolving Fund Authority in support of water quality projects and federal loan programs as established in Chapter 5, Title 48 are transferred to, and incorporated into, the State Fiscal Accountability Authority. SECTION 3. Section 11-35-310(2) of the S.C. Code is amended to read: (2) "Board" "Department" means governing body of the State Fiscal Accountability Authority Department of Administration. SECTION 4. The Code Commissioner is directed to change all references in Chapter 35, Title 11 of the S.C. Code, the South Carolina Consolidated Procurement Code, from the "State Fiscal Accountability Authority", the "Accountability Authority", or the "Authority" to the "Department of Administration", the "Department", or the "Division of Procurement Services of the Department of Administration", as appropriate. SECTION 5. This act takes effect upon approval by the Governor. ----XX---- |
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| 9 | + | A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 1-11-10, RELATING TO THE DEPARTMENT OF ADMINISTRATION, SO AS TO MOVE THE PROCUREMENT SERVICES DIVISION TO THE DEPARTMENT; BY AMENDING SECTION 1-11-20, RELATING TO THE TRANSFER OF OFFICES, DIVISIONS, OTHER AND AGENCIES FROM THE STATE BUDGET AND CONTROL BOARD TO APPROPRIATE ENTITIES, SO AS TO REMOVE THE PROCUREMENT SERVICES DIVISION FROM THE STATE FISCAL AFFAIRS AUTHORITY; AND BY AMENDING SECTION 11-35-310, RELATING TO THE SOUTH CAROLINA PROCUREMENT CODE, SO AS TO MAKE CONFORMING CHANGES. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 1-11-10(A) of the S.C. Code is amended to read: (A) There is hereby created, within the executive branch of the state government, the Department of Administration, headed by a director appointed by the Governor upon the advice and consent of the Senate who only may be removed pursuant to Section 1-3-240(B). Effective July 1, 2015, the The following offices, divisions, or components of the former State Budget and Control Board, Office of the Governor, or other agencies are transferred to, and incorporated into, the Department of Administration: (1) the Division of General Services, including Business Operations, Facilities Management, State Building and Property Services, and Agency Services, including surplus property, intrastate mail, parking, state fleet management, except that the Division of General Services shall not be transferred to the Department of Administration until the Director of the Department of Administration enters into a memorandum of understanding with appropriate officials of applicable legislative and judicial agencies or departments meeting the requirements of this subsection. There shall be a single memorandum of understanding involving the Department of Administration and the legislative and judicial branches with appropriate officials of each to be signatories to the memorandum of understanding. (a) The memorandum of understanding shall provide for: (i) continued use of existing office space; (ii) a method for the allocation of new, additional, or different office space; (iii) adequate parking; (iv) a method for the allocation of new, additional, or different parking; (v) the provision of appropriate levels of electrical, mechanical, maintenance, energy management, fire protection, custodial, project management, safety and building renovation, and other services currently provided by the General Services Division of the State Budget and Control Board; (vi) the provision of water, electricity, steam, and chilled water to the offices, areas, and facilities occupied by the applicable agencies; (vii) the ability for each agency or department to maintain building access control for its allocated office space; and (viii) access control for the Senate and House chambers and courtrooms as appropriate. (b) The parties may modify the memorandum of understanding by mutual consent at any time. (c) The General Services Division must provide the services described in subsection (a) and any other maintenance and support, at a level that is greater than or equal to what is provided prior to the effective date of this act, to each building on the Capitol Complex, including the Supreme Court, without charge. The General Services Division must coordinate with the appropriate officials of applicable legislative and judicial agencies or departments when providing these services to the buildings and areas controlled by those agencies; (2) the State Office of Human Resources; (3) the Guardian Ad Litem Program as established in Article 5, Chapter 11, Title 63; (4) the Office of Economic Opportunity, the office designated by the Governor to be the state administering agency that is responsible for the receipt and distribution of the federal funds as allocated to South Carolina for the implementation of Title VI, Public Law 97-35; (5) Deleted; (6)(5) the Continuum of Care for Emotionally Disturbed Children as established in Article 13, Chapter 11, Title 63; (7)(6) the Division for Review of the Foster Care of Children as established by Article 7, Chapter 11, Title 63; (8) Deleted; (9) Reserved; (10)(7) the Department of Veterans' Affairs as established by Chapter 11, Title 25; (11)(8) the Commission on Women as established by Chapter 15, Title 1; (12)(9) the Governor's Office of Ombudsman; (13)(10) the Division of Small and Minority Business Contracting and Certification, as established pursuant to Article 21, Chapter 35, Title 11, formerly known as the Small and Minority Business Assistance Office; (14)(11) the Division of State Information Technology, including the Data Center, Telecommunications and Information Technology Services, the South Carolina Enterprise Information System, and the Division of Information Security; and (15)(12) the Nuclear Advisory Council as established in Article 9, Chapter 7, Title 13. (13) the Procurement Services Division. SECTION 2. Section 1-11-20 of the S.C. Code is amended to read: Section 1-11-20. (A) The South Carolina Confederate Relic Room and Military Museum is transferred from the State Budget and Control Board and is governed by the South Carolina Confederate Relic Room and Military Museum Commission, as established in Section 60-17-10. (B) The State Energy Office is transferred from the State Budget and Control Board to the Office of Regulatory Staff. (C) The offices, divisions, or components of the State Budget and Control Board named in this subsection are transferred to, and incorporated into, the Rural Infrastructure Authority as established in Section 11-50-30. All functions, powers, duties, responsibilities, and authority vested in the agencies and authorities, including their governing boards, if any, named in this subsection are devolved upon the Rural Infrastructure Authority and the authority shall constitute the agencies and authorities, including their governing boards, if any, named in this subsection: (1) Local Government Division in support of the local government loan program as established in Section 1-11-25; (2) Water Resources Coordinating Council as established in Section 11-37-200(A); and (3) Division of Regional Development as established in Section 11-42-40. (D) The regulation of minerals and mineral interests on public land, and the regulation of Geothermal Resources as provided in Chapter 9, Title 10 is transferred to, and incorporated into, the Department of Health and Environmental Control. (E) The Procurement Services Division of the State Budget and Control Board is transferred to, and incorporated into, the State Fiscal Accountability Authority. (F)(E) The State Auditor is transferred to, and incorporated into, the State Fiscal Accountability Authority. (G)(F) South Carolina Infrastructure Facilities Authority as established in Chapter 40, Title 11 and the South Carolina Water Quality Revolving Fund Authority in support of water quality projects and federal loan programs as established in Chapter 5, Title 48 are transferred to, and incorporated into, the State Fiscal Accountability Authority. SECTION 3. Section 11-35-310(2) of the S.C. Code is amended to read: (2) "Board" "Department" means governing body of the State Fiscal Accountability Authority Department of Administration. SECTION 4. The Code Commissioner is directed to change all references in Chapter 35, Title 11 of the S.C. Code, the South Carolina Consolidated Procurement Code, from the "State Fiscal Accountability Authority", the "Accountability Authority", or the "Authority" to the "Department of Administration", the "Department", or the "Division of Procurement Services of the Department of Administration", as appropriate. SECTION 5. This act takes effect upon approval by the Governor. ----XX---- |
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| 35 | 35 | | Be it enacted by the General Assembly of the State of South Carolina: |
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| 37 | 37 | | |
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| 38 | 38 | | |
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| 39 | 39 | | SECTION 1. Section 1-11-10(A) of the S.C. Code is amended to read: |
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| 40 | 40 | | |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | (A) There is hereby created, within the executive branch of the state government, the Department of Administration, headed by a director appointed by the Governor upon the advice and consent of the Senate who only may be removed pursuant to Section 1-3-240(B). Effective July 1, 2015, the The following offices, divisions, or components of the former State Budget and Control Board, Office of the Governor, or other agencies are transferred to, and incorporated into, the Department of Administration: |
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| 44 | 44 | | |
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| 45 | 45 | | (1) the Division of General Services, including Business Operations, Facilities Management, State Building and Property Services, and Agency Services, including surplus property, intrastate mail, parking, state fleet management, except that the Division of General Services shall not be transferred to the Department of Administration until the Director of the Department of Administration enters into a memorandum of understanding with appropriate officials of applicable legislative and judicial agencies or departments meeting the requirements of this subsection. There shall be a single memorandum of understanding involving the Department of Administration and the legislative and judicial branches with appropriate officials of each to be signatories to the memorandum of understanding. |
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| 46 | 46 | | |
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| 47 | 47 | | (a) The memorandum of understanding shall provide for: |
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| 48 | 48 | | |
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| 49 | 49 | | (i) continued use of existing office space; |
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| 50 | 50 | | |
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| 51 | 51 | | (ii) a method for the allocation of new, additional, or different office space; |
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| 52 | 52 | | |
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| 53 | 53 | | (iii) adequate parking; |
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| 54 | 54 | | |
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| 55 | 55 | | (iv) a method for the allocation of new, additional, or different parking; |
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| 56 | 56 | | |
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| 57 | 57 | | (v) the provision of appropriate levels of electrical, mechanical, maintenance, energy management, fire protection, custodial, project management, safety and building renovation, and other services currently provided by the General Services Division of the State Budget and Control Board; |
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| 58 | 58 | | |
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| 59 | 59 | | (vi) the provision of water, electricity, steam, and chilled water to the offices, areas, and facilities occupied by the applicable agencies; |
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| 60 | 60 | | |
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| 61 | 61 | | (vii) the ability for each agency or department to maintain building access control for its allocated office space; and |
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| 62 | 62 | | |
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| 63 | 63 | | (viii) access control for the Senate and House chambers and courtrooms as appropriate. |
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| 64 | 64 | | |
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| 65 | 65 | | (b) The parties may modify the memorandum of understanding by mutual consent at any time. |
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| 66 | 66 | | |
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| 67 | 67 | | (c) The General Services Division must provide the services described in subsection (a) and any other maintenance and support, at a level that is greater than or equal to what is provided prior to the effective date of this act, to each building on the Capitol Complex, including the Supreme Court, without charge. The General Services Division must coordinate with the appropriate officials of applicable legislative and judicial agencies or departments when providing these services to the buildings and areas controlled by those agencies; |
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| 68 | 68 | | |
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| 69 | 69 | | (2) the State Office of Human Resources; |
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| 70 | 70 | | |
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| 71 | 71 | | (3) the Guardian Ad Litem Program as established in Article 5, Chapter 11, Title 63; |
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| 72 | 72 | | |
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| 73 | 73 | | (4) the Office of Economic Opportunity, the office designated by the Governor to be the state administering agency that is responsible for the receipt and distribution of the federal funds as allocated to South Carolina for the implementation of Title VI, Public Law 97-35; |
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| 74 | 74 | | |
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| 75 | 75 | | (5) Deleted; |
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| 77 | 77 | | (6)(5) the Continuum of Care for Emotionally Disturbed Children as established in Article 13, Chapter 11, Title 63; |
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| 78 | 78 | | |
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| 79 | 79 | | (7)(6) the Division for Review of the Foster Care of Children as established by Article 7, Chapter 11, Title 63; |
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| 81 | 81 | | (8) Deleted; |
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| 83 | 83 | | (9) Reserved; |
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| 85 | 85 | | (10)(7) the Department of Veterans' Affairs as established by Chapter 11, Title 25; |
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| 86 | 86 | | |
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| 87 | 87 | | (11)(8) the Commission on Women as established by Chapter 15, Title 1; |
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| 88 | 88 | | |
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| 89 | 89 | | (12)(9) the Governor's Office of Ombudsman; |
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| 90 | 90 | | |
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| 91 | 91 | | (13)(10) the Division of Small and Minority Business Contracting and Certification, as established pursuant to Article 21, Chapter 35, Title 11, formerly known as the Small and Minority Business Assistance Office; |
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| 92 | 92 | | |
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| 93 | 93 | | (14)(11) the Division of State Information Technology, including the Data Center, Telecommunications and Information Technology Services, the South Carolina Enterprise Information System, and the Division of Information Security; and |
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| 94 | 94 | | |
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| 95 | 95 | | (15)(12) the Nuclear Advisory Council as established in Article 9, Chapter 7, Title 13. |
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| 97 | 97 | | (13) the Procurement Services Division. |
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| 100 | 100 | | |
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| 101 | 101 | | SECTION 2. Section 1-11-20 of the S.C. Code is amended to read: |
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| 103 | 103 | | |
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| 104 | 104 | | |
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| 105 | 105 | | Section 1-11-20. (A) The South Carolina Confederate Relic Room and Military Museum is transferred from the State Budget and Control Board and is governed by the South Carolina Confederate Relic Room and Military Museum Commission, as established in Section 60-17-10. |
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| 107 | 107 | | (B) The State Energy Office is transferred from the State Budget and Control Board to the Office of Regulatory Staff. |
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| 108 | 108 | | |
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| 109 | 109 | | (C) The offices, divisions, or components of the State Budget and Control Board named in this subsection are transferred to, and incorporated into, the Rural Infrastructure Authority as established in Section 11-50-30. All functions, powers, duties, responsibilities, and authority vested in the agencies and authorities, including their governing boards, if any, named in this subsection are devolved upon the Rural Infrastructure Authority and the authority shall constitute the agencies and authorities, including their governing boards, if any, named in this subsection: |
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| 110 | 110 | | |
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| 111 | 111 | | (1) Local Government Division in support of the local government loan program as established in Section 1-11-25; |
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| 112 | 112 | | |
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| 113 | 113 | | (2) Water Resources Coordinating Council as established in Section 11-37-200(A); and |
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| 114 | 114 | | |
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| 115 | 115 | | (3) Division of Regional Development as established in Section 11-42-40. |
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| 116 | 116 | | |
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| 117 | 117 | | (D) The regulation of minerals and mineral interests on public land, and the regulation of Geothermal Resources as provided in Chapter 9, Title 10 is transferred to, and incorporated into, the Department of Health and Environmental Control. |
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| 118 | 118 | | |
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| 119 | 119 | | (E) The Procurement Services Division of the State Budget and Control Board is transferred to, and incorporated into, the State Fiscal Accountability Authority. |
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| 120 | 120 | | |
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| 121 | 121 | | (F)(E) The State Auditor is transferred to, and incorporated into, the State Fiscal Accountability Authority. |
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| 122 | 122 | | |
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| 123 | 123 | | (G)(F) South Carolina Infrastructure Facilities Authority as established in Chapter 40, Title 11 and the South Carolina Water Quality Revolving Fund Authority in support of water quality projects and federal loan programs as established in Chapter 5, Title 48 are transferred to, and incorporated into, the State Fiscal Accountability Authority. |
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| 126 | 126 | | |
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| 127 | 127 | | SECTION 3. Section 11-35-310(2) of the S.C. Code is amended to read: |
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| 129 | 129 | | |
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| 130 | 130 | | |
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| 131 | 131 | | (2) "Board" "Department" means governing body of the State Fiscal Accountability Authority Department of Administration. |
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| 132 | 132 | | |
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| 133 | 133 | | |
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| 134 | 134 | | |
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| 135 | 135 | | SECTION 4. The Code Commissioner is directed to change all references in Chapter 35, Title 11 of the S.C. Code, the South Carolina Consolidated Procurement Code, from the "State Fiscal Accountability Authority", the "Accountability Authority", or the "Authority" to the "Department of Administration", the "Department", or the "Division of Procurement Services of the Department of Administration", as appropriate. |
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| 139 | 139 | | SECTION 5. This act takes effect upon approval by the Governor. |
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| 141 | 141 | | ----XX---- |
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