§ 1-11-10 — Department of Administration established; transfer of offices, divisions, other agencies.

South Carolina § 1-11-10

• Jurisdiction: South Carolina
• Title 1: ADMINISTRATION OF THE GOVERNMENT
• Ch. 11: DEPARTMENT OF ADMINISTRATION

Text

(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 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) the Continuum of Care for Emotionally Disturbed Children as established in Article 13, Chapter 11, Title 63; (7) the Division for Review of the Foster Care of Children as established by Article 7, Chapter 11, Title 63; (8) Deleted; (9) Reserved; (10) the Department of Veterans' Affairs as established by Chapter 11, Title 25; (11) the Commission on Women as established by Chapter 15, Title 1; (12) the Governor's Office of Ombudsman; (13) 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) 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) the Nuclear Advisory Council as established in Article 9, Chapter 7, Title 13. (B)(1) The Division of State Information Technology must submit the Statewide Strategic Information Technology Plan to the Director of the Department of Administration by September 1, 2015, and biennially thereafter. The director shall review the Statewide Strategic Information Technology Plan and recommend to the Governor priorities for state government enterprise information technology projects and resource requirements. The director also shall review information technology spending by state agencies and evaluate whether greater efficiencies, more effective services, and cost savings can be achieved through streamlining, standardizing, and consolidating agency information technology. (2) All oversight concerning the South Carolina Enterprise Information System must remain as provided in Chapter 53, Title 11. (C) The Department of Administration shall use the existing resources of each division, insofar as it promotes efficiency and effectiveness, transferred to the department including, but not limited to, funding, personnel, equipment, and supplies from the board's administrative support units, including, but not limited to, the Office of the Executive Director, Office of General Counsel, and the Office of Internal Operations. "Funding" means state, federal, and other funds. Vacant FTEs at the State Budget and Control Board also may be used to fill needed positions at the department. No new FTEs may be assigned to the department without authorization from the General Assembly. (D) No later than December 31, 2015, the department's director shall submit a report to the President of the Senate and the Speaker of the House of Representatives that contains an analysis of and recommendations regarding the most appropriate organizational placement for each component of the Office of Executive Policy and Programs as of the effective date of this act. The department shall solicit input from and consider the recommendation of affected constituencies while developing its report. (E) The Department of Administration shall, during the absence of the Governor from Columbia, be placed in charge of the records and papers in the executive chamber kept pursuant to Section 1-3-30.

Legislative History

HISTORY: 1962 Code SECTION 1-351; 1952 Code SECTION 1-351; 1950 (46) 3605; 2014 Act No. 121 (S.22), Pt III, SECTION 4.A, eff July 1, 2015; 2017 Act No. 52 (S.325), SECTION 8, eff May 19, 2017; 2017 Act No. 96 (S.289), SECTION 3, eff July 1, 2017; 2018 Act No. 160 (S.805), SECTIONS 14 and 16, eff July 1, 2019; 2019 Act No. 1 (S.2), SECTION 96, eff January 31, 2019. Code Commissioner's Note At the direction of the Code Commissioner, the amendments made by 2017 Act No. 52 and 2017 Act No. 96 were read together. Pursuant to the directive to the Code Commissioner in 2019 Act No. 26, SECTION 4(C), references to the Division of Veterans' Affairs were changed to reflect the transfer of it to the Department of Veterans' Affairs. Editor's Note 2018 Act No. 160, SECTIONS 18.A and 18.B, provide as follows: "SECTION 18. A. Where the provisions of this act transfer duties, programs, or services of the Department of Administration to the Department of Children's Advocacy, the employees, authorized appropriations, and assets and liabilities of these divisions, services, and programs also are transferred to and become part of the Department of Children's Advocacy. All classified or unclassified personnel employed by the divisions, programs, services, or initiatives transferred from the Department of Administration, either by contract or by employment at will, become on July 1, 2019, employees of the Department of Children's Advocacy, with the same compensation, classification, and grade level, as applicable. Before the transfer of the applicable divisions, programs, services, or initiatives of the Department of Administration pursuant to this act, these agencies and organizations shall cause all necessary actions to be taken to accomplish this transfer in accordance with state and federal laws and regulations." "B. Applicable regulations promulgated by the Department of Administration are continued and are considered to be promulgated by the Department of Children's Advocacy. Applicable contracts entered into by the Department of Administration are continued and are considered to be devolved upon the Department of Children's Advocacy at the time of the transfer." Effect of Amendment 2014 Act No. 121, SECTION 4A, rewrote the section. 2017 Act No. 52, SECTION 8, reserved (A)(9), which had related to "the Client Assistance Program". 2017 Act No. 96, Pt. I SECTION 3, in (A), deleted (12) and (13), relating to the Office of Victims Assistance and the Crime Victims' Ombudsman, and redesignated accordingly. 2018 Act No. 160, SECTION 14, in (A), deleted (5), which related to the Developmental Disabilities Council. 2018 Act No. 160, SECTION 16, in (A), deleted (8), which related to the Children's Case Resolution System. 2019 Act No. 1, SECTION 96, in (D), in the first sentence, substituted "President of the Senate" for "President Pro Tempore of the Senate".