1 Indicates Matter Stricken 2 Indicates New Matter 3 4 AS PASSED BY THE SENATE 5 May 22, 2002 6 7 H. 4879 8 9 Introduced by Ways and Means Committee 10 11 S. Printed 5/22/02--S. 12 Read the first time March 20, 2002. 13 14

1 [4879-1] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO ENACT THE BUDGET PROVISO CODIFICATION ACT 12 BY REPEALING SECTION 59-21-170, CODE OF LAWS OF 13 SOUTH CAROLINA, 1976, REQUIRING FUNDING EQUAL 14 TO THE 1994-95 APPROPRIATION TO BE APPROPRIATED 15 TO THE DEPARTMENT OF EDUCATION ANNUALLY TO 16 OFFSET ANY REDUCTION SUFFERED BY SCHOOL 17 DISTRICTS DUE TO A CHANGE IN THE DISTRIBUTION OF 18 EMPLOYEE CONTRIBUTION FUNDS; BY ADDING 19 SECTION 59-1-455 SO AS TO PROVIDE FOR THE USE OF 20 LAPSED FUNDS IN THE EVENT OF AN EIA REVENUE 21 SHORTFALL AND THE ORDER IN WHICH THE LAPSED 22 FUNDS ARE APPLIED FOR EIA PURPOSES, TO PROVIDE 23 THAT LAPSED FUNDS REMAINING AFTER EIA PURPOSES 24 ARE FUNDED MUST BE DISTRIBUTED TO SCHOOL 25 DISTRICTS FOR FUNDING OF SCHOOL BUILDINGS, AND 26 TO EXEMPT EIA APPROPRIATIONS FOR TEACHER 27 SALARIES AND RELATED FRINGE BENEFITS FROM 28 REDUCTIONS ORDERED TO OFFSET AN OFFICIAL EIA 29 REVENUE SHORTFALL; BY ADDING SECTION 59-103-55 30 SO AS TO REQUIRE STATE-SUPPORTED PUBLIC 31 FOUR-YEAR CAMPUSES OF INSTITUTIONS OF HIGHER 32 EDUCATION TO HAVE EQUAL REPRESENTATION ON ALL 33 COUNCILS, COMMITTEES, ADVISORY GROUPS, AND 34 TASK FORCES OF THE COMMISSION ON HIGHER 35 EDUCATION AND TO REQUIRE INDEPENDENT 36 FOUR-YEAR COLLEGES TO HAVE REPRESENTATION ON 37 COMMITTEES AND COMMISSIONS DEALING WITH 38 HIGHER EDUCATION STATEWIDE ISSUES; BY ADDING 39 SECTION 59-112-110, SO AS TO PROVIDE THAT THE 40 UNIVERSITY OF SOUTH CAROLINA’S AIKEN CAMPUS 41 AND AIKEN TECHNICAL COLLEGE MAY OFFER IN-STATE 42 TUITION TO A STUDENT WHOSE LEGAL RESIDENCE IS IN

1 [4879] 1 1 THE RICHMOND AND COLUMBIA COUNTY AREAS OF 2 GEORGIA UNDER CERTAIN CIRCUMSTANCES; BY 3 ADDING SECTION 59-103-162 SO AS TO PROVIDE THAT 4 THE SOUTH CAROLINA COMMISSION ON HIGHER 5 EDUCATION SHALL REVIEW ANNUALLY THE 6 ACTIVITIES OF THE SOUTH CAROLINA 7 MANUFACTURING EXTENSION PARTNERSHIP, MAKE A 8 BUDGET RECOMMENDATION TO THE GENERAL 9 ASSEMBLY, AND COORDINATE THE ALLOCATION OF 10 FUNDS AMONG EACH PARTICIPATING INSTITUTION, TO 11 PROVIDE FOR THE USE OF CERTAIN FUNDS 12 APPROPRIATED TO THE UNIVERSITY OF SOUTH 13 CAROLINA - COLUMBIA, AND TO PROVIDE THAT THE 14 COMMISSION SHALL REVIEW THE MEMBERSHIP OF THE 15 SOUTH CAROLINA MANUFACTURING EXTENSION 16 PARTNERSHIP BOARD TO ENSURE APPROPRIATE 17 REPRESENTATION OF EACH PARTICIPATING 18 INSTITUTION; TO AMEND SECTION 59-29-190, RELATING 19 TO A SCHOOL DISTRICT OFFERING ADVANCED 20 PLACEMENT COURSES FOR ACADEMICALLY TALENTED 21 STUDENTS, SO AS TO PROVIDE THAT A STUDENT WHO 22 SUCCESSFULLY COMPLETES THE ADVANCED 23 PLACEMENT REQUIREMENTS FOR A COURSE AND WHO 24 RECEIVES A SCORE OF THREE OR HIGHER ON THE 25 ADVANCED PLACEMENT EXAM SHALL RECEIVE 26 ADVANCED PLACEMENT CREDIT IN EACH 27 POST-SECONDARY PUBLIC COLLEGE IN THIS STATE IN A 28 CERTAIN MANNER; TO AMEND CHAPTER 101, TITLE 59, 29 RELATING TO COLLEGES AND INSTITUTIONS OF 30 HIGHER LEARNING, BY ADDING SECTION 59-101-345 SO 31 AS TO PROVIDE THAT, IN INSTANCES WHERE THE 32 EQUAL DIVISION OF APPROPRIATED FUNDS BETWEEN 33 NEED-BASED GRANTS AND THE PALMETTO FELLOWS 34 PROGRAM EXCEEDS THE CAPACITY TO MAKE AWARDS 35 IN EITHER PROGRAM, THE COMMISSION ON HIGHER 36 EDUCATION HAS THE AUTHORITY TO REALLOCATE 37 REMAINING FUNDS BETWEEN THE TWO PROGRAMS; 38 AND TO PROVIDE THAT PUBLIC AND INDEPENDENT 39 HIGHER EDUCATION INSTITUTIONS MUST GIVE FIRST 40 PRIORITY FOR NEED-BASED GRANTS TO CHILDREN AND 41 YOUNG ADULTS IN THE CUSTODY OF THE DEPARTMENT 42 OF SOCIAL SERVICES; TO AMEND SECTION 59-112-70, 43 RELATING TO ABATEMENT OF TUITION RATES FOR

1 [4879] 2 1 NONRESIDENTS ON SCHOLARSHIP, SO AS TO PROVIDE 2 THAT STATE-SUPPORTED COLLEGES, UNIVERSITIES, 3 AND TECHNICAL SCHOOLS MAY WAIVE THE 4 NONRESIDENT PORTION OF TUITION AND FEES FOR 5 CERTAIN STUDENTS PARTICIPATING IN 6 INTERNATIONAL SISTER-STATE AGREEMENT 7 PROGRAMS ON A RECIPROCITY BASIS; TO AMEND 8 SECTION 59-112-60, RELATING TO FACULTY AND 9 ADMINISTRATIVE EMPLOYEES OF COLLEGES AND 10 UNIVERSITIES, SO AS TO PROVIDE THAT EMPLOYEES OF 11 PUBLIC COLLEGES, UNIVERSITIES, AND TECHNICAL 12 COLLEGES MAY ATTEND CLASSES AT INSTITUTIONS OF 13 HIGHER LEARNING AND RECEIVE TUITION ASSISTANCE 14 IN ACCORDANCE WITH BUDGET AND CONTROL BOARD 15 GUIDELINES AND REGULATIONS; TO AMEND SECTION 16 40-43-83, AS AMENDED, RELATING TO REQUIREMENTS 17 THAT A FACILITY DISPENSING PRESCRIPTION DRUGS 18 AND DEVICES MUST HAVE A PERMIT ISSUED BY THE 19 BOARD OF PHARMACY AND MUST HAVE A 20 PHARMACIST IN CHARGE, SO AS TO EXEMPT COLLEGE 21 AND UNIVERSITY ATHLETIC DEPARTMENTS FROM 22 THESE REQUIREMENTS; AND TO AMEND SECTION 23 40-43-86, AS AMENDED, RELATING TO VARIOUS 24 REQUIREMENTS FOR PHARMACIES, INCLUDING THE 25 REQUIREMENT THAT A PHARMACY MAY NOT OPERATE 26 WITHOUT A PHARMACIST-IN-CHARGE WHO MUST BE 27 PHYSICALLY PRESENT AND THAT A PERSON MAY NOT 28 SERVE AS THE PHARMACIST-IN-CHARGE FOR MORE 29 THAN ONE PHARMACY AT ONE TIME, SO AS TO EXEMPT 30 COLLEGE AND UNIVERSITY ATHLETIC DEPARTMENT 31 PHARMACIES; TO AMEND SECTION 59-149-10, RELATING 32 TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT 33 BEGINNING WITH SCHOOL YEAR 2002-2003, ELIGIBLE 34 RESIDENT STUDENTS ATTENDING TWO-YEAR 35 INDEPENDENT INSTITUTIONS MAY NOT RECEIVE AN 36 ANNUAL LIFE SCHOLARSHIP OF MORE THAN THE 37 MAXIMUM COST OF TUITION AT TWO-YEAR REGIONAL 38 PUBLIC INSTITUTIONS FOR THIRTY CREDIT HOURS A 39 YEAR OR ITS EQUIVALENT; BY ADDING SECTION 40 59-103-200 SO AS TO PROVIDE THAT UPON APPROVAL BY 41 THE MEMBERS OF THE COMMISSION ON HIGHER 42 EDUCATION, THE AGENCY MAY REMOVE CERTAIN 43 RECORD AND NONRECORD MATERIALS FROM ITS

1 [4879] 3 1 COLLECTIONS BY GIFT TO ANOTHER PUBLIC OR 2 NONPROFIT INSTITUTION OR BY SALE AT PUBLIC 3 AUCTION UNDER CERTAIN CIRCUMSTANCES; TO 4 AMEND SECTION 51-1-40, AS AMENDED, RELATING TO 5 THE AUTHORITY OF THE SOUTH CAROLINA 6 DEPARTMENT OF PARKS, RECREATION AND TOURISM 7 TO IMPOSE AND RETAIN A REASONABLE CHARGE FOR 8 ADMISSION FOR PARKS AND RECREATIONAL 9 FACILITIES, SO AS TO ALLOW THE DEPARTMENT TO 10 IMPOSE A FEE FOR VACATION GUIDES, RESEARCH 11 REPORTS, CONFERENCES, TECHNICAL ASSISTANCE, 12 DRAWINGS, AND MAILING LISTS AND PROVIDE FOR THE 13 DISPOSITION OF THE REVENUE AND TO PROVIDE FOR 14 THE DISPOSITION OF THE REVENUES OF THE GIFT SHOP 15 OPERATED BY THE DEPARTMENT AT THE BOYLESTON 16 HOUSE; AND TO AMEND SECTION 51-3-90, RELATING TO 17 THE AUTHORITY OF THE DEPARTMENT TO SELL, 18 EXCHANGE, OR LEASE LAND UNDER ITS JURISDICTION, 19 SO AS TO ALLOW THE DEPARTMENT TO RETAIN FUNDS 20 DERIVED FROM THE SALE OF STATE PARK PROPERTY 21 AND CREDIT THE FUNDS TO THE RECREATION LAND 22 TRUST FUND; BY ADDING SECTION 24-21-55 SO AS TO 23 PROVIDE THAT THE DEPARTMENT OF PROBATION, 24 PAROLE AND PARDON SERVICES SHALL RECEIVE A 25 HEARING FEE UNDER A PLAN APPROVED BY THE 26 BUDGET AND CONTROL BOARD; BY ADDING SECTION 27 24-21-85 SO AS TO PROVIDE THAT EVERY PERSON 28 PLACED ON ELECTRONIC MONITORING BY THE 29 DEPARTMENT OF PROBATION, PAROLE AND PARDON 30 SERVICES MUST BE ASSESSED A FEE, AND TO PROVIDE 31 THE CONDITIONS UNDER WHICH THE FEE IS PAID AND 32 RETAINED BY THE DEPARTMENT; TO AMEND SECTION 33 24-21-490, RELATING TO COLLECTION AND 34 DISTRIBUTION OF RESTITUTION BY THE DEPARTMENT 35 OF PROBATION, PAROLE AND PARDON SERVICES, SO AS 36 TO PROVIDE THAT THE DEPARTMENT MAY RETAIN THE 37 COLLECTION FEES AND CARRY FORWARD 38 UNEXPENDED FUNDS FOR THE PURPOSE OF 39 COLLECTING AND DISTRIBUTING RESTITUTION; BY 40 ADDING SECTION 24-21-235 SO AS TO AUTHORIZE THE 41 DEPARTMENT OF PROBATION, PAROLE AND PARDON 42 SERVICES TO ISSUE DUTY CLOTHING FOR THE USE OF 43 DEPARTMENT EMPLOYEES; BY ADDING SECTION

1 [4879] 4 1 24-21-237 SO AS TO PROVIDE THAT MEALS MAY BE 2 PROVIDED TO EMPLOYEES OF THE DEPARTMENT OF 3 PROBATION, PAROLE AND PARDON SERVICES AND 4 PROVIDE THE CIRCUMSTANCES WHEN MEALS MAY BE 5 PROVIDED; TO AMEND SECTION 17-25-324, RELATING TO 6 RESTITUTION TO SECONDARY VICTIMS AND 7 THIRD-PARTY PAYEES AND RESTITUTION CENTER 8 BEDS, SO AS TO DELETE THE REQUIREMENT THAT THE 9 DEPARTMENT OF PROBATION, PAROLE AND PARDON 10 SERVICES MAINTAIN A MINIMUM OF TWELVE 11 RESTITUTION CENTER BEDS FOR EVERY TWO 12 THOUSAND FIVE HUNDRED OFFENDERS; BY ADDING 13 SECTION 2-3-225 SO AS TO PROVIDE THAT THE SPEAKER 14 OF THE HOUSE IS AUTHORIZED TO REIMBURSE TRAVEL 15 AND OTHER EXPENSES INCURRED BY EMPLOYEES OF 16 THE HOUSE OF REPRESENTATIVES FOR OFFICIAL 17 BUSINESS IN ACCORDANCE WITH APPLICABLE 18 POLICIES AND REGULATIONS; BY ADDING SECTION 19 2-3-65 SO AS TO PROVIDE THAT ALL VOUCHERS FOR 20 THE PAYMENT OF THE EXPENSES OR COMPENSATION, 21 OR BOTH, OF THE GENERAL ASSEMBLY MUST BE 22 PREPARED BY THE CLERKS OF THE TWO HOUSES OF 23 THE GENERAL ASSEMBLY AND TO AUTHORIZE THE 24 CLERKS OF THE TWO HOUSES AND THE LEGISLATIVE 25 COUNCIL, SUBJECT TO APPROVAL, TO ISSUE 26 WARRANTS ON APPROVED ACCOUNTS FOR NECESSARY 27 EXTRA CLERICAL OR OTHER SERVICES; BY ADDING 28 SECTION 2-3-67 SO AS TO PROVIDE THAT THE CLERKS 29 OF THE SENATE AND THE HOUSE SHALL HAVE 30 INSTALLED A TELEPHONE SERVICE TO BE USED BY THE 31 MEMBERSHIP AND PRESIDING OFFICERS OF THE TWO 32 HOUSES OF THE GENERAL ASSEMBLY; BY ADDING 33 SECTION 2-3-155 SO AS TO PROVIDE THAT THE SPEAKER 34 OF THE HOUSE OF REPRESENTATIVES SHALL APPOINT 35 THE EXECUTIVE DIRECTOR OF RESEARCH AND THE 36 DIRECTORS OF RESEARCH FOR EACH STANDING 37 COMMITTEE WITH THE ADVICE AND CONSENT OF THE 38 CHAIRMAN OF EACH STANDING COMMITTEE AND TO 39 PROVIDE FOR THE APPOINTMENT AND PAY OF 40 TEMPORARY OR PERMANENT HOUSE RESEARCH 41 ASSISTANTS; BY ADDING SECTION 2-3-105 SO AS TO 42 PROVIDE FOR THE DUTIES OF THE SERGEANTS AT ARMS 43 AND DIRECTORS OF SECURITY OF THE RESPECTIVE

1 [4879] 5 1 HOUSES OF THE GENERAL ASSEMBLY; BY ADDING 2 SECTION 10-1-45, SO AS TO PROVIDE THAT ANY 3 IMPROVEMENTS AND ADDITIONS TO THE STATE HOUSE 4 MUST BE RECOMMENDED OR APPROVED BY THE STATE 5 HOUSE COMMITTEE OF THE GENERAL ASSEMBLY AND 6 REQUIRE THAT BIDDING, EXECUTING, AND CARRYING 7 OUT OF CONTRACTS MUST BE IN ACCORDANCE WITH 8 STANDING REGULATIONS AND PROCEDURES FOR 9 OTHER WORK OF THE SAME TYPE APPLICABLE TO 10 AGENCIES AND INSTITUTIONS OF STATE GOVERNMENT; 11 BY ADDING SECTION 2-3-235 SO AS TO PROVIDE FOR 12 ANNUAL LEAVE AND INSURANCE FOR NURSING 13 PERSONNEL STAFFING THE STATE HOUSE AND THE L. 14 MARION GRESSETTE SENATE OFFICE BUILDING; TO 15 AMEND SECTION 2-7-80, RELATING TO PRINTING AND 16 FURNISHING OF COPIES OF STATEWIDE AND LOCAL 17 ACTS, SO AS TO REQUIRE THAT ONLY ONE COPY OF A 18 PRINTED STATEWIDE ACT BE FURNISHED TO EACH 19 COUNTY CLERK OF COURT AND COUNTY GOVERNING 20 BODY; BY ADDING SECTION 8-11-198, SO AS TO 21 PROHIBIT PAYMENT OF PER DIEM TO A PUBLIC OFFICER 22 OR EMPLOYEE FROM MORE THAN ONE SOURCE IN ANY 23 CALENDAR DAY; BY ADDING SECTION 2-3-175, SO AS TO 24 PROHIBIT FULL-TIME EMPLOYEES OF THE HOUSE OF 25 REPRESENTATIVES AND THE SENATE FROM ENGAGING 26 IN OUTSIDE EMPLOYMENT DURING WORKING HOURS 27 EXCEPT WITH PERMISSION AND TO REQUIRE THE 28 EMPLOYEE TO TAKE ANNUAL LEAVE; TO AMEND 29 SECTION 12-36-2120, AS AMENDED, RELATING TO 30 EXEMPTIONS FROM SALES TAX SO AS TO EXEMPT 31 FROM TAXATION COPIES OF OR ACCESS TO 32 LEGISLATION AND OTHER INFORMATIONAL 33 DOCUMENTS PROVIDED TO THE GENERAL PUBLIC BY A 34 LEGISLATIVE AGENCY; TO AMEND CHAPTER 3, TITLE 2, 35 RELATING TO ORGANIZATION AND COMPENSATION OF 36 MEMBERS AND EMPLOYEES OF THE GENERAL 37 ASSEMBLY, BY ADDING SECTION 2-3-45 SO AS TO 38 PROVIDE THAT A MEMBER OF THE HOUSE OF 39 REPRESENTATIVES WHO DOES NOT USE ALL OF HIS 40 ANNUAL ALLOCATION FOR POSTAGE OR TELEPHONE 41 EXPENSES MAY USE REMAINING FUNDS IN ONE 42 CATEGORY IN THE OTHER CATEGORY DURING THAT 43 YEAR; TO AMEND SECTION 2-3-170, RELATING TO

1 [4879] 6 1 COMPENSATION OF OFFICERS AND EMPLOYEES OF THE 2 GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE 3 SPEAKER OF THE HOUSE OF REPRESENTATIVES MUST 4 AUTHORIZE AND ALLOCATE ANY BASE PAY INCREASE, 5 MERIT PAY, OR BONUS AMONG THE STAFF OF THE 6 HOUSE OF REPRESENTATIVES; BY ADDING SECTION 7 2-1-220 SO AS TO EXEMPT EACH HOUSE OF THE 8 GENERAL ASSEMBLY FROM LAWS OR REGULATIONS 9 REQUIRING APPROVAL BY THE STATE BUDGET AND 10 CONTROL BOARD OR OTHER EXECUTIVE BRANCH 11 AGENCY FOR THE EXPENDITURE, MANAGEMENT, OR 12 TRANSFER OF LEGISLATIVE BRANCH APPROPRIATIONS; 13 BY ADDING SECTION 2-3-27 SO AS TO PROVIDE THAT A 14 MEMBER OF THE GENERAL ASSEMBLY WHO HAS BEEN 15 CONVICTED OF A FELONY UNDER STATE OR FEDERAL 16 LAW AND NOT PARDONED MAY NOT RECEIVE 17 COMPENSATION OR EXPENSES OTHERWISE PAID 18 MEMBERS OF THE GENERAL ASSEMBLY; BY ADDING 19 SECTION 2-3-77 SO AS TO PROVIDE FOR THE MERGER OF 20 THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS 21 AND LEGISLATIVE PRINTING AND INFORMATION 22 TECHNOLOGY RESOURCES; TO AMEND SECTION 1-11-55, 23 RELATING TO LEASING OF REAL PROPERTY FOR 24 GOVERNMENTAL BODIES; TO AMEND SECTION 2-3-75, 25 AS AMENDED, RELATING TO THE ESTABLISHMENT OF 26 THE OFFICE OF LEGISLATIVE PRINTING AND 27 INFORMATION TECHNOLOGY SYSTEMS; TO AMEND 28 SECTION 2-13-60, AS AMENDED, RELATING TO THE 29 DUTIES OF THE CODE COMMISSIONER; TO AMEND 30 SECTION 2-13-180, RELATING TO THE PUBLICATION OF 31 ADVANCE SHEETS OF THE ACTS AND JOINT 32 RESOLUTIONS; TO AMEND SECTION 2-13-190, AS 33 AMENDED, RELATING TO PRINTING OF ADVANCE 34 SHEETS IN SIGNATURES AND DISTRIBUTION OF PAGE 35 PROOFS BY THE CODE COMMISSIONER; TO AMEND 36 SECTION 2-13-200, RELATING TO THE SALE AND 37 DISPOSITION OF PROCEEDS FROM THE SALE OF 38 ADVANCE SHEETS; TO AMEND SECTION 2-13-210, 39 RELATING TO THE PUBLICATION OF THE ACTS AND 40 JOINT RESOLUTIONS; TO AMEND SECTION 11-35-310, AS 41 AMENDED, RELATING TO THE DEFINITIONS USED IN 42 THE PROCUREMENT CODE; AND TO AMEND SECTION 43 29-6-250, RELATING TO A LABOR AND MATERIAL

1 [4879] 7 1 PAYMENT BOND REQUIRED BY A GOVERNMENTAL 2 BODY UNDER CERTAIN CIRCUMSTANCES, SO AS TO 3 CONFORM REFERENCES IN THESE SECTIONS TO 4 REFLECT THE CORRECT NAME OF THE OFFICE OF 5 LEGISLATIVE PRINTING, INFORMATION AND 6 TECHNOLOGY SYSTEMS CREATED FROM THE MERGER 7 OF THE OFFICES OF LEGISLATIVE INFORMATION 8 SYSTEMS AND LEGISLATIVE PRINTING AND 9 INFORMATION TECHNOLOGY RESOURCES, AND TO 10 DELETE ARCHAIC REFERENCES; BY ADDING SECTION 11 1-5-50 SO AS TO AUTHORIZE THE SECRETARY OF STATE 12 TO ESTABLISH AND COLLECT FEES, INCLUDING 13 DEPOSITS, FOR SEARCHING OR COPYING RECORDS AND 14 RETAIN THE FEES TO DEFRAY OFFICE EXPENSES; BY 15 ADDING SECTION 1-5-60 SO AS TO ALLOW THE 16 SECRETARY OF STATE TO ESTABLISH, COLLECT, AND 17 RETAIN FEES FOR DISHONORED CHECKS AND USE THE 18 RETAINED FEES TO DEFRAY EXPENSES OF COLLECTING 19 THE CHECKS AND TO PROVIDE THAT THESE RETAINED 20 DISHONORED CHECK FEES MAY BE CARRIED FORWARD 21 TO THE SUCCEEDING FISCAL YEAR AND USED FOR THE 22 SAME PURPOSES; BY ADDING SECTION 11-3-175 SO AS 23 TO PROVIDE FOR THE CONSOLIDATION OF ACCOUNTS 24 OF LUMP SUM AGENCIES BY THE COMPTROLLER 25 GENERAL FOR PROPER ACCOUNTING AND FACILITATED 26 REPORTING; BY ADDING SECTION 1-11-225 SO AS TO 27 PROVIDE THAT THE DIVISION OF OPERATIONS OF THE 28 STATE BUDGET AND CONTROL BOARD ESTABLISH A 29 COST ALLOCATION PLAN TO RECOVER THE OPERATING 30 COSTS AND MANAGE FUNDS TO ENSURE THE 31 ADMINISTRATION OF THE STATEWIDE FLEET 32 MANAGEMENT PROGRAM; TO AMEND SECTION 8-11-165, 33 AS AMENDED, RELATING TO AGENCY HEAD SALARY 34 ADJUSTMENTS, SO AS TO PROVIDE FOR A SALARY 35 STUDY EVERY FOUR YEARS, INSTEAD OF THREE, WITH 36 THE COST SHARED BY PARTICIPATING AGENCIES; TO 37 PROVIDE THAT AN ADJUSTMENT EXCEEDING THE 38 ESTABLISHED RANGE MUST HAVE THE PRIOR 39 RECOMMENDATION OF THE AGENCY HEAD SALARY 40 COMMISSION BEFORE BEING OFFERED TO FILL AN 41 AGENCY HEAD VACANCY OR INCREASE THE SALARY 42 OF AN INCUMBENT AGENCY HEAD; TO PROVIDE THAT 43 INCREASES MUST BE FUNDED FROM AGENCY

1 [4879] 8 1 RESOURCES; TO PROVIDE THAT A VACANCY IN THE 2 POSITION OF PRESIDENT OF A TECHNICAL COLLEGE IS 3 SUBJECT TO THESE PROVISIONS; TO GIVE THE BUDGET 4 AND CONTROL BOARD FINAL APPROVAL AUTHORITY 5 FOR INCREASES IN AGENCY HEAD SALARIES; AND TO 6 MAKE ALL INCREASES EFFECTIVE ON OR AFTER 7 JANUARY FIRST OF THE CURRENT FISCAL YEAR; BY 8 ADDING SECTION 8-11-310 SO AS TO PROVIDE THAT 9 CHAPTER 11 OF TITLE 8 ESTABLISHES THE CRITERIA 10 FOR COMPENSATION INCREASES FOR STATEWIDE 11 ELECTED OFFICIALS, TEMPORARY EMPLOYEES, AND 12 AGENCY HEADS, UNLESS OTHERWISE PROVIDED BY 13 LAW; TO AMEND SECTION 11-9-820, AS AMENDED, 14 RELATING TO MEMBERSHIP, STAFFING, AND 15 REPORTING OF THE BOARD OF ECONOMIC ADVISORS, 16 SO AS TO PROVIDE FOR THE DIRECTOR OF THE 17 DEPARTMENT OF REVENUE TO SERVE EX OFFICIO, TO 18 PROVIDE THAT THE BOARD IS A PUBLIC BODY FOR 19 PURPOSES OF THE FREEDOM OF INFORMATION ACT, 20 AND TO REQUIRE THAT THE DEPARTMENT OF 21 COMMERCE AND DEPARTMENT OF REVENUE PROVIDE 22 CERTAIN REPORTS, LISTS, MAGNETIC TAPES, AND 23 OTHER DATA TO THE BOARD BY NOVEMBER TENTH OF 24 EACH YEAR; BY ADDING SECTION 8-11-172 SO AS TO 25 PROVIDE THAT APPROPRIATED FUNDS MAY BE USED 26 FOR COMPENSATION INCREASES FOR CLASSIFIED AND 27 UNCLASSIFIED EMPLOYEES AND AGENCY HEADS ONLY 28 IN THE SAME RATIO THAT THE EMPLOYEE’S BASE 29 SALARY IS PAID FROM APPROPRIATED SOURCES; TO 30 AMEND CHAPTER 11, TITLE 1, RELATING TO THE STATE 31 BUDGET AND CONTROL BOARD BY ADDING ARTICLE 7 32 “CONFEDERATE RELICS” SO AS TO REQUIRE THE 33 DIRECTOR OF THE CONFEDERATE RELIC ROOM TO BE 34 APPOINTED BY THE DIRECTOR OF THE BUDGET AND 35 CONTROL BOARD AFTER CONSULTATION WITH THE 36 SOUTH CAROLINA DIVISION COMMANDER OF THE SONS 37 OF THE CONFEDERATE VETERANS AND THE PRESIDENT 38 OF THE SOUTH CAROLINA CHAPTER OF THE UNITED 39 DAUGHTERS OF THE CONFEDERACY; TO AUTHORIZE 40 THE CONFEDERATE RELIC ROOM TO SUPPLEMENT 41 STATE FUNDS WITH DONATIONS AND FEES AND TO 42 EXPEND THESE FUNDS FOR OPERATIONS AND FOR THE 43 RESTORATION, PRESERVATION, AND DISPLAY OF ITS

1 [4879] 9 1 COLLECTION, AND TO RETAIN AND EXPEND FEES 2 RECEIVED FOR PROVIDING CERTAIN SERVICES AND 3 FROM THE SALE OF PROMOTIONAL ITEMS; AND TO 4 PROHIBIT ARTIFACTS OWNED BY THE STATE IN THE 5 COLLECTIONS OF THE RELIC ROOM FROM BEING 6 PERMANENTLY REMOVED OR DISPOSED OF EXCEPT BY 7 CONCURRENT RESOLUTION OF THE GENERAL 8 ASSEMBLY; TO AMEND CHAPTER 11, TITLE 8, RELATING 9 TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING 10 SECTION 8-11-167 SO AS TO PROVIDE THAT HIGHER 11 EDUCATION TECHNICAL COLLEGES, COLLEGES, AND 12 UNIVERSITIES ARE EXEMPT FROM THE REQUIREMENT 13 THAT SALARIES OF EMPLOYEES MUST NOT EXCEED 14 NINETY-FIVE PERCENT OF THE MIDPOINT OF THE 15 AGENCY HEAD SALARY RANGE OR THE AGENCY HEAD 16 ACTUAL SALARY; AND TO REPEAL ARTICLE 11, 17 CHAPTER 11 OF TITLE 8 RELATING TO THE STATE 18 EMPLOYEE PAY PLAN; TO AMEND CHAPTER 11, TITLE 8, 19 RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY 20 ADDING SECTION 8-11-57 SO AS TO PROVIDE THAT 21 WHEN THE GOVERNOR DECLARES AN EMERGENCY OR 22 ORDERS STATE OFFICES CLOSED DUE TO HAZARDOUS 23 WEATHER HE MAY AUTHORIZE LEAVE WITH PAY FOR 24 STATE EMPLOYEES WHO ARE ABSENT FROM WORK DUE 25 TO THE EMERGENCY OR CONDITIONS CAUSED BY 26 HAZARDOUS WEATHER; BY ADDING SECTIONS 9-1-1870 27 AND 9-11-315 SO AS TO PROVIDE THAT RETIREES AND 28 BENEFICIARIES UNDER THE STATE RETIREMENT 29 SYSTEMS AND THE POLICE OFFICERS RETIREMENT 30 SYSTEM RECEIVING MEDICAID (TITLE XIX) SPONSORED 31 NURSING HOME CARE AS OF JUNE THIRTIETH OF THE 32 PRIOR FISCAL YEAR SHALL RECEIVE NO INCREASE IN 33 RETIREMENT BENEFITS DURING THE CURRENT FISCAL 34 YEAR; HOWEVER, A RETIRED EMPLOYEE AFFECTED BY 35 THE ABOVE PROHIBITION MAY RECEIVE THE 36 SCHEDULED INCREASE IF HE IS DISCHARGED FROM THE 37 NURSING HOME AND DOES NOT REQUIRE ADMISSION 38 TO A HOSPITAL OR NURSING HOME WITHIN SIX 39 MONTHS; BY ADDING SECTION 9-1-1350 SO AS TO 40 PROVIDE THAT NOTWITHSTANDING THE AMOUNTS 41 ANNUALLY APPROPRIATED AS “STATE EMPLOYER 42 CONTRIBUTIONS,” THE STATE TREASURER AND 43 COMPTROLLER GENERAL ARE AUTHORIZED AND

1 [4879] 10 1 DIRECTED TO TRANSFER FROM THE GENERAL FUND OF 2 THE STATE TO THE PROPER RETIREMENT SYSTEM 3 ACCOUNTS, MONTH BY MONTH, DURING THE CURRENT 4 FISCAL YEAR, SUCH FUNDS AS ARE NECESSARY TO 5 COMPLY WITH THE TERMS OF THE RETIREMENT ACT AS 6 AMENDED, WITH RESPECT TO CONTRIBUTIONS BY THE 7 STATE OF SOUTH CAROLINA TO THE RETIREMENT 8 SYSTEM; BY ADDING SECTIONS 11-7-35 AND 11-7-40 SO 9 AS TO PROVIDE THE STATE AUDITOR AND HIS 10 DESIGNEES ACCESS TO STATE AGENCY RECORDS AND 11 FACILITIES AND ACCESS TO PRIVATE ENTITIES 12 RECEIVING STATE APPROPRIATED REVENUE FOR AUDIT 13 PURPOSES AND TO PROVIDE FOR THE 14 CONFIDENTIALITY OF THESE RECORDS WHILE UNDER 15 REVIEW BY THE STATE AUDITOR AND FOR THE 16 CONFIDENTIALITY OF AUDIT WORKING PAPERS AND 17 MEMORANDA, AND TO PROVIDE FOR MONTHLY 18 BILLING BY THE STATE AUDITOR OF THE SOUTH 19 CAROLINA DEPARTMENT OF HEALTH AND HUMAN 20 SERVICES FOR AUDIT COSTS AND THE DISPOSITION OF 21 THE REVENUE OF THESE BILLINGS; BY ADDING 22 SECTION 8-11-194 SO AS TO PROVIDE THAT ANY 23 AGENCY OF THE STATE GOVERNMENT WHOSE 24 OPERATIONS ARE COVERED BY FUNDS FROM OTHER 25 THAN GENERAL FUND APPROPRIATIONS MUST PAY 26 FROM SUCH OTHER SOURCES A PROPORTIONATE 27 SHARE OF THE EMPLOYER COSTS OF RETIREMENT, 28 SOCIAL SECURITY, WORKERS’ COMPENSATION 29 INSURANCE, UNEMPLOYMENT COMPENSATION 30 INSURANCE, HEALTH AND OTHER INSURANCE FOR 31 ACTIVE AND RETIRED EMPLOYEES, AND ANY OTHER 32 EMPLOYER CONTRIBUTIONS PROVIDED BY THE STATE 33 FOR THE AGENCY’S EMPLOYEES; BY ADDING SECTION 34 41-31-820 SO AS TO PROVIDE THAT UNEMPLOYMENT 35 COMPENSATION PREMIUMS COLLECTED FROM STATE 36 AGENCIES WILL BE DEPOSITED INTO A SEPARATE 37 ACCOUNT AND WILL BE BASED ON EXPERIENCE 38 RATINGS PROVIDED BY PRIVATE CONSULTANTS AND 39 THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT 40 THE UNEMPLOYMENT COMPENSATION FUND MUST BE 41 REVIEWED ON AT LEAST A BIENNIAL BASIS, TO 42 PROVIDE THAT ALL INTEREST EARNED ON THE 43 ACCOUNT MUST BE RETAINED BY THE

1 [4879] 11 1 UNEMPLOYMENT COMPENSATION FUND TO OFFSET 2 COSTS, TO AUTHORIZE AND DIRECT THE STATE 3 TREASURER AND COMPTROLLER GENERAL TO PAY 4 FROM THE GENERAL FUND TO THE SOUTH CAROLINA 5 EMPLOYMENT SECURITY COMMISSION SUFFICIENT 6 FUNDS TO COVER ACTUAL BENEFIT CLAIMS PAID 7 DURING THE CURRENT FISCAL YEAR WHICH EXCEED 8 THE AMOUNTS PAID IN FOR THIS PURPOSE, TO DIRECT 9 THE EMPLOYMENT SECURITY COMMISSION TO CERTIFY 10 QUARTERLY TO THE BUDGET AND CONTROL BOARD 11 THE STATE’S LIABILITY FOR THOSE CLAIMS ACTUALLY 12 PAID, AND TO PROVIDE THAT THE CERTIFIED AMOUNT 13 MUST BE REMITTED TO THE EMPLOYMENT SECURITY 14 COMMISSION; BY ADDING SECTION 42-7-210 SO AS TO 15 AUTHORIZE AND DIRECT THE STATE TREASURER AND 16 COMPTROLLER GENERAL TO PAY FROM THE GENERAL 17 FUND OF THE STATE TO THE STATE ACCIDENT FUND 18 SUFFICIENT FUNDS TO COVER ACTUAL BENEFIT 19 CLAIMS PAID AND EXPENSES RELATING TO THE 20 OPERATIONS OF THE AGENCY DURING THE CURRENT 21 FISCAL YEAR WHICH EXCEED THE ACCOUNTS PAID IN 22 FOR THIS PURPOSE, TO DIRECT THE STATE ACCIDENT 23 FUND TO CERTIFY QUARTERLY TO THE BUDGET AND 24 CONTROL BOARD THE STATE’S LIABILITY FOR THOSE 25 CLAIMS ACTUALLY PAID, AND TO PROVIDE THAT THE 26 CERTIFIED AMOUNT MUST BE REMITTED TO THE STATE 27 ACCIDENT FUND; BY ADDING SECTION 11-11-325 SO AS 28 TO PROVIDE THAT IF THE BOARD OF ECONOMIC 29 ADVISORS REVENUE FORECAST TO THE BUDGET AND 30 CONTROL BOARD AT ANY TIME DURING THE CURRENT 31 FISCAL YEAR PROJECTS THAT REVENUES FOR THE 32 CURRENT FISCAL YEAR WILL BE LESS THAN 33 APPROPRIATED EXPENDITURES FOR THE YEAR, THE 34 BUDGET AND CONTROL BOARD IN MANDATING 35 NECESSARY CUTS MUST FIRST REDUCE TO THE EXTENT 36 NECESSARY THE APPROPRIATION TO THE CAPITAL 37 RESERVE FUND, PRIOR TO MANDATING ANY CUTS IN 38 OPERATING APPROPRIATIONS; BY ADDING SECTION 39 12-4-390 SO AS TO PROVIDE THAT THE DEPARTMENT OF 40 REVENUE MAY COLLECT AND RETAIN FEES TO 41 RECOVER THE COSTS OF THE PRODUCTION, PURCHASE, 42 HANDLING AND MAILING OF DOCUMENTS, 43 PUBLICATIONS, RECORDS AND DATA SETS, TO PROVIDE

1 [4879] 12 1 THAT THE DEPARTMENT OF REVENUE MAY WITHHOLD 2 FROM THE GENERAL FUND A PORTION OF REVENUE 3 DERIVED FROM THE PROVISIONS OF CHAPTER 21, TITLE 4 12, THE ACTUAL COSTS OF BINGO AUDIT ACTIVITY AND 5 OF CRIMINAL RECORD CHECKS PURSUANT TO THE 6 EVALUATION OF APPLICATIONS FOR BINGO LICENSES, 7 AND TO PROVIDE THAT WHENEVER A PROFESSIONAL 8 DESIGNATION OR LICENSE IS LEGISLATIVELY 9 MANDATED FOR EMPLOYMENT BY THE DEPARTMENT 10 OF REVENUE, THE DEPARTMENT IS RESPONSIBLE FOR 11 THE ANNUAL COST TO MAINTAIN THE REQUIRED 12 DESIGNATION OR LICENSE; BY ADDING SECTION 13 11-11-160 SO AS TO PROVIDE FOR THE TRANSFER OF 14 APPROPRIATIONS WITHIN AN AGENCY’S BUDGET 15 DURING THE FISCAL YEAR; BY ADDING SECTION 16 11-5-280 SO AS TO AUTHORIZE THE STATE TREASURER 17 TO ENTER INTO CONTRACTS ALLOWING A STATE 18 AGENCY OR INSTITUTION TO ACCEPT CREDIT CARDS IN 19 PAYMENT FOR GOODS OR SERVICES PROVIDED; BY 20 ADDING SECTION 11-3-185 SO AS TO PROVIDE FOR THE 21 EXPENDITURE OF FUNDS APPROPRIATED BY THE 22 GENERAL ASSEMBLY BY WARRANT REQUISITIONS 23 DIRECTED TO THE COMPTROLLER GENERAL WHO, 24 AFTER APPROVAL, ISSUES A WARRANT TO THE STATE 25 TREASURER DIRECTING PAYMENT; BY ADDING 26 SECTION 11-13-45 SO AS TO PROVIDE FOR THE DEPOSIT 27 OF FEDERAL AND OTHER FUNDS IN THE STATE 28 TREASURY AND TO PROVIDE FOR THE USE OF THE 29 FUNDS DEPOSITED; BY ADDING SECTION 11-13-140 SO 30 AS TO PROVIDE THAT WHERE FEDERAL LAW OR 31 REGULATION GOVERNING FEDERAL FUNDS 32 ALLOCATED TO STATE AGENCIES INCLUDES 33 REQUIREMENTS RELATING TO BANKING PROCEDURES, 34 THE STATE TREASURY IS DEEMED TO MEET THE 35 DEFINITION OF A BANK; BY ADDING SECTION 1-11-475 36 SO AS TO PROVIDE THAT THE STATE BUDGET AND 37 CONTROL BOARD SHALL DEVISE A PLAN FOR THE 38 EXPENDITURE OF STATE AGENCY APPROPRIATIONS 39 FOR EMPLOYER CONTRIBUTIONS; TO AMEND SECTION 40 8-11-170, RELATING TO THE REQUIREMENT FOR 41 ADVANCE APPROVAL BY THE AGENCY HEAD SALARY 42 COMMISSION AND THE STATE BUDGET AND CONTROL 43 BOARD FOR DUAL STATE EMPLOYMENT FOR AN

1 [4879] 13 1 AGENCY HEAD, SO AS TO REQUIRE TIMELY PAYMENT 2 OF AN EMPLOYEE APPROVED FOR DUAL EMPLOYMENT; 3 BY ADDING SECTION 8-11-35 SO AS TO PROVIDE THE 4 PAY SCHEDULE FOR STATE EMPLOYEES, PROVIDE THAT 5 SALARIES APPROPRIATED ARE THE MAXIMUM 6 COMPENSATION FOR THE POSITION, TO PROVIDE 7 RESTRICTIONS ON DUAL COMPENSATION AND 8 EXPENSES, TO REQUIRE REPORTING OF EMPLOYEES 9 RECEIVING DUAL COMPENSATION, AND TO EXEMPT 10 THE HIRING OF SHORT-TERM EMPLOYEES FROM 11 REGULATIONS GOVERNING APPOINTMENTS AND 12 RESTRICTIONS ON NEPOTISM; BY ADDING SECTION 13 8-11-196 SO AS TO PROVIDE THAT CONDITIONS UPON 14 WHICH A STATE AGENCY OR INSTITUTION MAY HIRE 15 EMPLOYEES TO FILL TEMPORARY GRANT POSITIONS 16 SPECIFIED IN FEDERAL GRANTS, PUBLIC CHARITY 17 GRANTS, PRIVATE FOUNDATION GRANTS, RESEARCH 18 GRANTS, AND POSITIONS WITH TIME LIMITED FUNDING 19 APPROVED OR AUTHORIZED BY A STATE AUTHORITY; 20 BY ADDING SECTION 1-11-67 SO AS TO PROVIDE THAT 21 THE STATE BUDGET AND CONTROL BOARD SHALL 22 ASSESS AND COLLECT A RENTAL CHARGE FROM ALL 23 STATE DEPARTMENTS AND AGENCIES THAT OCCUPY 24 STATE BUDGET AND CONTROL BOARD SPACE IN 25 STATE-CONTROLLED OFFICE BUILDINGS, TO PROVIDE A 26 BASIS TO CALCULATE THE CHARGE, DISBURSE THE 27 MONIES COLLECTED, AND APPORTION THE PAYMENT 28 OF THE CHARGE; BY ADDING SECTION 1-11-425 SO AS TO 29 PROVIDE THAT ALL AGENCIES SHALL PRINT CERTAIN 30 INFORMATION ON THE LAST PAGE OF CERTAIN BOUND 31 PUBLICATIONS; BY ADDING SECTION 8-11-199 SO AS TO 32 PROVIDE THAT A STATE AGENCY OR INSTITUTION MAY 33 NOT PAY OR REIMBURSE AN EMPLOYEE FOR 34 PROFESSIONAL DUES PAYMENTS TO THE AMERICAN 35 BAR ASSOCIATION; BY ADDING SECTION 10-1-55 SO AS 36 TO PROVIDE THAT A LOCAL GOVERNMENT ENTITY 37 WHICH DEMANDS PAYMENT OF RENT OR LEASE 38 PAYMENTS FROM A STATE AGENCY OR INSTITUTION, 39 UNDER CERTAIN CIRCUMSTANCES, MUST HAVE A 40 CERTAIN PERCENTAGE OF THE CHARGE DEDUCTED 41 FROM ITS LOCAL GOVERNMENT STATE AID TO 42 SUBDIVISIONS ALLOCATION, AND TO PROVIDE THAT 43 THE STATE AGENCY MUST BE REIMBURSED THE

1 [4879] 14 1 ACTUAL AMOUNT PAID AND THE BALANCE MUST BE 2 CREDITED TO THE GENERAL FUND OF THE STATE FROM 3 THE PORTION OF THE DEDUCTED ALLOCATION; TO 4 AMEND SECTION 8-11-15, RELATING TO THE MINIMUM 5 FULL-TIME WORKWEEK FOR STATE AGENCIES AND 6 INSTITUTIONS AND ALTERNATIVE SCHEDULING, SO AS 7 TO PROVIDE THAT STATE AGENCIES MAY USE 8 ALTERNATE WORK LOCATIONS, INCLUDING 9 TELECOMMUTING, THAT RESULT IN GREATER 10 EFFICIENCY AND COST SAVINGS; TO AMEND SECTION 11 11-9-85, RELATING TO TAX AND FEE REVENUE 12 CALCULATED ON AN ACCRUAL BASIS, SO AS TO 13 PROVIDE FOR CALCULATING THE DEED RECORDING 14 FEE IMPOSED BY CHAPTER 24, TITLE 12 ON AN 15 ACCRUAL BASIS; TO AMEND SECTION 4-9-150, AS 16 AMENDED, RELATING TO AUDITS OF COUNTY 17 RECORDS, SO AS TO PROVIDE THAT IF A COPY OF THE 18 REPORT OF A COUNTY’S AUDIT REQUIRED TO BE 19 SUBMITTED TO THE COMPTROLLER GENERAL IS NOT 20 TIMELY FILED, FUNDS DISTRIBUTED BY THE 21 COMPTROLLER GENERAL TO THE COUNTY MUST BE 22 WITHHELD PENDING RECEIPT OF A COPY OF THE 23 REPORT; TO AMEND CHAPTER 11, TITLE 8, RELATING TO 24 PUBLIC OFFICERS AND EMPLOYEES, BY ADDING 25 SECTION 8-11-75 SO AS TO PROVIDE THAT AN 26 EMPLOYEE PARTICIPATING IN A PLAN UNDER THE 27 DEFERRED COMPENSATION PROGRAM MAY REPAY A 28 LOAN MADE BY THE EMPLOYEE BY MEANS OF A 29 PAYROLL DEDUCTION FROM HIS COMPENSATION; AND 30 TO APPROPRIATE AND TRANSFER FUNDS FROM THE 31 EDUCATION LOTTERY ACCOUNT FOR FISCAL YEAR 32 2002-2003 AND PROVIDE THE USES OF THE FUNDS 33 APPROPRIATED AND TRANSFERRED. 34 Amend Title To Conform 35 36 Be it enacted by the General Assembly of the State of South 37 Carolina: 38 39 SECTION 1. This act may be cited as the Budget Proviso 40 Codification Act. 41

1 [4879] 15 1 Part I 2 3 State Department of Education 4 5 A. (1.61) Section 59-21-170 of the 1976 Code is repealed. 6 7 B. (1A.42) Article 5, Chapter 1, Title 59 of the 1976 Code is 8 amended by adding: 9 10 “Section 59-1-455. Notwithstanding any other provision of law, 11 lapsed funds, including unexpended appropriated funds or revenue 12 in excess of appropriations in the EIA Fund, in a prior or current 13 fiscal year must first be used to offset an official EIA revenue 14 shortfall declared by the Board of Economic Advisors and then to 15 fund any school district’s appropriation deficit for EIA Teacher 16 Salary Supplement, Teacher Salary Supplement Fringe, or 17 National Board Certification Incentive. The remaining lapsed 18 funds must be used in accordance with Section 59-21-420. If an 19 official EIA revenue shortfall is declared, funds appropriated for 20 EIA teacher salaries and related fringe benefits in the EIA portion 21 of the annual general appropriations act are exempt from any 22 reduction required to offset the shortfall. 23 24 C. The 1976 Code is amended by adding: 25 26 “Section 59-5-71. The General Assembly declares that it is in 27 the best interest of the students of South Carolina for a uniform 28 beginning date for the annual school term to be developed and 29 adopted by the State Board of Education to be implemented in all 30 public schools of the State. Therefore, the State Board of 31 Education is directed to establish a task force comprised of 32 superintendents, principals, teachers, parents, school board 33 members, and representatives of business and industry, including 34 tourism-related industries no later than July 1, 2002. This task 35 force to the extent possible shall be equally divided among 36 proponents of existing or earlier starting dates for schools, 37 proponents of later starting dates for schools, including proponents 38 for dates after Labor Day, and persons who legitimately have no 39 preferences. The task force shall make recommendations to the 40 board including, but not limited to, the desirability of and if agreed 41 upon a suggested uniform beginning date for the annual school 42 term. The task force shall report its findings to the State Board of 43 Education no later than October 15, 2002.”

1 [4879] 16 1 2 Part II 3 4 Commission on Higher Education 5 6 A. (5A.4)The 1976 Code is amended by adding: 7 8 “Section 59-103-55. Each four-year campus of each 9 state-supported public institution of higher learning, as defined in 10 Section 59-103-5, shall have equal representation on all formal and 11 informal councils, advisory groups, committees, and task forces of 12 the commission. Independent four-year colleges shall have 13 representation on all formal and informal committees and 14 commissions dealing with higher education statewide issues.” 15 16 B. (5A.7)The 1976 Code is amended by adding: 17 18 “Section 59-112-110. The University of South Carolina’s Aiken 19 Campus and Aiken Technical College may offer in-state tuition to 20 a student whose legal residence is in the Richmond/Columbia 21 County area of the State of Georgia as long as the Georgia Board 22 of Regents continues its Georgia Tuition Program by which 23 in-state tuition is offered to students residing in the 24 Aiken/Edgefield/McCormick County area of the State of South 25 Carolina, or students residing in the Aiken/Edgefield County area 26 of the State of South Carolina if the Georgia Board of Regents 27 does not include McCormick County residents in its Georgia 28 Tuition Program.” 29 30 C. (5A.9)The 1976 Code is amended by adding: 31 32 “Section 59-103-162. The South Carolina Commission on 33 Higher Education shall review annually the activities of the South 34 Carolina Manufacturing Extension Partnership, make a budget 35 recommendation to the General Assembly, and coordinate the 36 allocation of funds among each participating institution. The funds 37 appropriated to the University of South Carolina - Columbia for 38 the South Carolina Manufacturing Extension Partnership may not 39 be used for any other purpose. The Commission shall review the 40 membership of the South Carolina Manufacturing Extension 41 Partnership board to insure appropriate representation of each 42 participating institution.” 43

1 [4879] 17 1 D. (5A.12) Section 59-29-190 of the 1976 Code is amended to 2 read: 3 4 “Section 59-29-190. Each school district shall provide 5 advanced placement courses in all secondary schools of the district 6 which enroll an adequate number of academically talented students 7 to support the course. By August 15, 1984, the State Board of 8 Education by regulation shall specify what constitutes an advanced 9 placement course and an adequate number of students for these 10 programs. Students A student who successfully completing 11 completes the advanced placement requirements for a course and 12 who receives a score of three or higher on the advanced placement 13 exam shall receive advanced placement credit for the course in 14 each post-secondary public colleges college in South Carolina in 15 the manner specified by the Commission on Higher Education in 16 conjunction with the State Board of Education.” 17 18 E. (5A.14) Chapter 101, Title 59 of the 1976 Code is amended by 19 adding: 20 21 “Section 59-101-345. In instances where the equal division of 22 the appropriated funds between need-based grants and the 23 Palmetto Fellows Program exceeds the capacity to make awards in 24 either program, the Commission on Higher Education has the 25 authority to reallocate the remaining funds between the two 26 programs. Public and independent higher education institutions 27 must give first priority for need-based grants to children and young 28 adults in the custody of the State Department of Social Services. 29 Institutions and the Commission on Higher Education shall accept 30 written verification from the Department of Social Services that 31 the child or young adult is in the custody of the Department of 32 Social Services, and must provide the maximum amount allowed 33 by law for that need-based grant.” 34 35 F. (5A.16) Section 59-112-70 of the 1976 Code is amended to 36 read: 37 38 “Section 59-112-70. (A) Notwithstanding other provisions of 39 this chapter, the governing boards listed in Section 59-112-10A. 40 above, are authorized to adopt policies for the abatement of any 41 part or all of the out-of-state rates for students who are recipients 42 of scholarship aid.

1 [4879] 18 1 (B) State - supported colleges and universities, including the 2 technical colleges, may waive the nonresident portion of tuition 3 and fees for those students who are participating in an international 4 Sister - State agreement program which the Governor and the 5 General Assembly have entered to promote the economic 6 development of South Carolina. The nonresident fee waiver for 7 the students is applicable only for those Sister - State agreements 8 where South Carolina students receive reciprocal consideration. 9 The Commission on Higher Education, through coordination with 10 the Budget and Control Board, will annually notify institutions of 11 the Sister - State agreements eligible for the nonresident fee waiver. 12 The credit hours generated by these students must be included in 13 the Mission Resource Requirement for funding.” 14 15 G. (5A.17) Section 59-112-60 of the 1976 Code is amended to 16 read: 17 18 “Section 59-112-60. (A) Full-time Except as provided in this 19 section, full - time faculty and administrative employees of State 20 Institutions, and the their spouses and children of such persons, 21 shall be are excluded from the provisions of this chapter. 22 (B) Employees of public colleges, universities, and technical 23 colleges may attend classes at an institution of higher learning and 24 receive tuition assistance in accordance with Budget and Control 25 Board guidelines and regulations.” 26 27 H. (5A.18)(1) Section 40-43-83(A) of the 1976 Code is amended 28 by adding at the end: 29 30 “This subsection does not apply to a college or university 31 athletic department that dispenses prescription drugs or devices.” 32 33 (2) Section 40-43-83(D) of the 1976 Code is amended to read: 34 35 “(D) Each pharmacy shall have a pharmacist-in-charge; 36 however, a college or university athletic department pharmacy is 37 not required to have a pharmacist - in - charge. Whenever an 38 applicable rule requires or prohibits action by a pharmacy, 39 responsibility is that of the permit holder and the 40 pharmacist-in-charge of the pharmacy, whether the ownership is a 41 sole proprietor, partnership, association, corporation, or 42 otherwise.” 43

1 [4879] 19 1 (3) Section 40-43-86(B)(1) of the 1976 Code is amended by 2 adding at the end: 3 4 “Subsection (B)(1) does not apply to a college or university 5 athletic department pharmacy.” 6 7 I. (5A.21) Section 59-149-10(E)(2) of the 1976 Code, as added 8 by Act 59 of 2001, is amended by adding at the end: 9 10 “(2) Beginning with school year 2002-2003, the annual amount 11 of a LIFE Scholarship for eligible resident students attending a 12 four-year independent institution must be the cost of attendance up 13 to a maximum of the average annual cost of tuition at the state’s 14 four-year public institutions of higher learning in the 15 corresponding academic year. In addition, and notwithstanding the 16 provisions of subsection (D) above, beginning with school year 17 2002 - 2003, eligible resident students attending two - year 18 independent institutions may not receive an annual LIFE 19 scholarship of more than the maximum cost of tuition at two - year 20 regional public institutions for thirty credit hours a year or its 21 equivalent.” 22 Part III 23 24 Department of Archives and History 25 26 A. (15.3) The 1976 Code is amended by adding: 27 28 “Section 59-103-200. Upon approval by the Commission, the 29 agency may remove certain record and nonrecord materials from 30 its collections by gift to another public or nonprofit institution or 31 by sale at public auction. This is a supplemental form of 32 disposition beyond that recognized in the Public Records Act for 33 the retention, copying, and destruction of public records, and it 34 pertains only to those accessioned archives materials having a 35 market value and which duplicate existing archival material, fall 36 outside the scope of the archives collection policy, or have no 37 further possible research value. All funds realized through sale by 38 public auction must be placed in a special account to be used for 39 improved access to and preservation of the state archives 40 collections. The Commission shall report annually to the Budget 41 and Control Board regarding these dispositions.” 42 43 Part IV

1 [4879] 20 1 2 Department of Probation, Parole and Pardon Services 3 4 A. (38.1) The 1976 Code is amended by adding: 5 6 “Section 24-21-55. The Department of Probation, Parole and 7 Pardon Services shall receive a hearing fee under a plan approved 8 by the Budget and Control Board.” 9 10 B. (38.2) The 1976 Code is amended by adding: 11 12 “Section 24-21-85. Every person placed on electronic 13 monitoring must be assessed a fee to be determined by the 14 Department of Probation, Parole and Pardon Services in 15 accordance with Section 24-21-80, as long as he remains in the 16 electronic monitoring program. The payment of the fee must be a 17 condition of supervision of any program administered by the 18 department and a delinquency of two months or more in making 19 payments may operate as a revocation. All fees generated by this 20 assessment must be retained by the department to support the 21 electronic monitoring program and carried forward for the same 22 purpose.” 23 24 C. (38.4) Section 24-21-490 of the 1976 Code, as added by Act 25 437 of 1996, is amended to read: 26 27 “Section 24-21-490. (A) The Department of Probation, Parole, 28 and Pardon Services shall have the responsibility for collecting and 29 distributing shall collect and distribute restitution on a monthly 30 basis from all offenders under probationary and intensive 31 probationary supervision. 32 (B) Notwithstanding Section 14-17-725, the department of 33 Probation, Parole, and Pardon Services shall assess a collection fee 34 of twenty percent of each restitution program and deposit this 35 collection fee into a separate account. The monies in this account 36 must not be used until specifically authorized by law. The 37 department shall maintain individual restitution accounts which 38 that reflect each transaction and the amount paid, the collection 39 fee, and the unpaid balance of the account. A summary of these 40 accounts must be reported to the Governor’s Office, the President 41 of the Senate, the Speaker of the House, the Chairman of the 42 House Judiciary Committee, and the Chairman of the Senate

1 [4879] 21 1 Corrections and Penology Committee every six months following 2 the enactment of this section. 3 (C) The department may retain the collection fees described in 4 subsection (B) and expend the fees for the purpose of collecting 5 and distributing restitution. Unexpended funds at the end of each 6 fiscal year may be retained by the department and carried forward 7 for use for the same purpose by the department.” 8 9 D. (38.5) The 1976 Code is amended by adding: 10 11 “Section 24-21-235. The Department of Probation, Parole and 12 Pardon Services is authorized to issue duty clothing for the use of 13 department employees.” 14 15 E. (38.6) Article 3, Chapter 21, Title 24 of the 1976 Code is 16 amended by adding: 17 18 “Section 24-21-237. Meals may be provided to employees of 19 the department who are not permitted to leave duty stations and are 20 required to work during deployments, actual emergencies, 21 emergency simulation exercises, and when the Governor declares a 22 state of emergency.” 23 24 F. (38.9) Section 17-25-324 of the 1976 Code, as added by Act 25 437 of 1996, is amended to read: 26 27 “Section 17-25-324. (A) Secondary victims and third-party 28 payees, excluding the offender’s insurer, may receive restitution as 29 determined by the court. The Department of Probation, Parole, 30 and Pardon Services shall ensure that a primary victim shall 31 receive receives his portion of a restitution order before any of the 32 offender’s payments are credited to a secondary victim or a third 33 party payee, or both. 34 (B) The department of Probation, Parole, and Pardon Services 35 shall report to the Governor’s Office, the President of the Senate, 36 the Speaker of the House, the Chairman of the House Judiciary 37 Committee, and the Chairman of the Senate Corrections and 38 Penology Committee by the first day of the 1997 Legislative 39 Session detailed recommendations for collection and distribution 40 of restitution and issues relating to indigent offenders and use of 41 civil remedies. 42 (C) The Department of Probation, Parole, and Pardon Services 43 must maintain a minimum of twelve restitution center beds, or may

1 [4879] 22 1 contract at other appropriate residential facilities, for every two 2 thousand five hundred offenders supervised by the department.” 3 4 5 Part V 6 7 Department of Parks, Recreation and Tourism 8 9 A. (26.2 and 26.3) Section 51-1-40 of the 1976 Code, as last 10 amended by Act 181 of 1993, is further amended to read: 11 12 “Section 51-1-40. (A) The department may make impose a 13 reasonable charge fee for admission to park and recreational 14 facilities, which funds will and these fee revenues must be used for 15 park and recreational operations. 16 (B) The department may impose a fee for the cost of vacation 17 guides, research reports, educational conferences, technical 18 planning assistance, technical drawings, and mailing lists. The fee 19 must offset the actual cost of producing or providing these items or 20 services and these offsetting revenues must be retained by the 21 department in a restricted account. The revenues under this 22 subsection in excess of actual cost must be remitted to the general 23 fund of the State. 24 (C) The department shall retain the revenues of the gift and 25 souvenir shop it operates at the Boyleston House and these 26 revenues must be used for departmental operation.” 27 28 B. (26.7) Section 51-3-90 of the 1976 Code is amended to read: 29 30 “Section 51-3-90. (A) The Department of Parks, Recreation 31 and Tourism department may sell, exchange, or lease lands under 32 its jurisdiction when in its judgment it is advantageous to the State 33 to do so in the highest orderly development and management of 34 state parks; provided, however, that any but such a sale, lease, or 35 exchange shall must not be contrary to the terms of any contract 36 which it the department has entered into. 37 (B) The department may retain funds derived from sales 38 authorized in subsection (A) of this section and credit these funds 39 to the Recreation Land Trust Fund established pursuant to Chapter 40 11 of this title.” 41 42 Part VI 43

1 [4879] 23 1 Legislative Department 2 3 A. (54.2) The 1976 Code is amended by adding: 4 5 “Section 2-3-225. The Speaker of the House is authorized to 6 reimburse travel and other expenses incurred by employees of the 7 House of Representatives for official business in accordance with 8 applicable policies and regulations.” 9 10 B. (54.3 and 54.8) The 1976 Code is amended by adding: 11 12 “Section 2-3-65. (A) All vouchers for the payment of the 13 expenses or compensation, or both, of the General Assembly must 14 be prepared by the clerks of the two houses of the General 15 Assembly. 16 (B) The clerks of the two houses and the Legislative Council 17 may issue their warrants on approved accounts for necessary extra 18 clerical or other services with the approval of: (a) the Speaker on 19 behalf of the House of Representatives; (b) the President of the 20 Senate on behalf of the Senate; and (c) the executive director of the 21 Legislative Council on behalf of the Legislative Council.” 22 23 C. (54.11) The 1976 Code is amended by adding: 24 25 “Section 2-3-67. The clerks of the Senate and the House, with 26 the approval of the Senate Operations and Management Committee 27 and the Speaker of the House, respectively, shall have installed an 28 appropriate telephone service for use of the membership and 29 presiding officers of the two houses of the General Assembly.” 30 31 D. (54.12 and 54.5)The 1976 Code is amended by adding: 32 33 “Section 2-3-155. (A) The Speaker of the House of 34 Representatives shall appoint the Executive Director of Research. 35 The Speaker, with the advice and consent of the individual 36 committee chairmen, shall appoint the Director of Research for 37 each standing committee. 38 (B) Necessary temporary or permanent research assistants for 39 the House of Representatives must be paid from approved 40 accounts of the House of Representatives upon the approval of the 41 Speaker with the advice and consent of the applicable standing 42 committee chairman. The Speaker may adjust salary levels of

1 [4879] 24 1 House employees using funds carried forward from the research 2 assistant accounts.” 3 4 E. (54.14) The 1976 Code is amended by adding: 5 6 “Section 2-3-105. (A) The duties of the Sergeants at Arms and 7 Directors of Security of the respective Houses or the Assistant 8 Sergeant at Arms, or both, are: 9 (1) as provided by law; 10 (2) as provided by the Rules of the respective Houses; 11 (3) the security of personnel and property of the respective 12 Houses; and 13 (4) those designated by the President Pro Tempore of the 14 Senate or the Speaker of the House of Representatives. 15 (B) The Sergeants at Arms and Directors of Security of the 16 respective Houses or the Assistant Sergeant at Arms, or both, shall 17 meet and escort visitors in and about their respective bodies and 18 must be, during the hours of duty, dressed in a distinctive manner, 19 so as to be easily identified as Sergeants at Arms and Directors of 20 Security of the respective Houses.” 21 22 F. (54.18) The 1976 Code is amended by adding: 23 24 “Section 10-1-45. Improvements and additions to the State 25 House must be recommended or approved by the State House 26 Committee of the General Assembly, and that bidding, executing, 27 and carrying out of contracts must be in accordance with standing 28 regulations and procedures for any other work of the same type 29 applicable to agencies and institutions of state government.” 30 31 G. (54.25) The 1976 Code is amended by adding: 32 33 “Section 2-3-235. Nursing personnel employed to staff the 34 Nursing Stations in the State House and in the L. Marion Gressette 35 Senate Office Building shall accrue annual leave and receive the 36 same annual leave allowance and receive the same basic health and 37 accident insurance coverage as is provided pursuant to law to other 38 state employees.” 39 40 H. (54.27) Section 2-7-80 of the 1976 Code, as last amended by 41 Act 194 of 1987, is further amended to read: 42

1 [4879] 25 1 “Section 2-7-80. The clerks of the two houses of the General 2 Assembly are directed to have printed all statewide acts after their 3 approval by the Governor and to place upon the desk of each 4 member of the General Assembly, not later than two weeks after 5 the approval date, a copy of such acts and to mail copies to the 6 house of those members who request such services and, after sine 7 die adjournment each year, to mail a copy of all acts not placed on 8 the members’ desks during the session to the home address of each 9 member of the General Assembly. In addition, three copies must 10 be mailed to each clerk of court in the State, to the head of each 11 state department and institution, to the Chief Justice and associate 12 justices and clerk of the Supreme Court, to the Chief Judge and 13 associate judges and clerk of the Court of Appeals, and each judge 14 and clerk of the judicial circuits. Likewise, printed copies of local 15 acts approved by the Governor must be furnished to the members 16 of the legislative delegation from the county involved. The 17 Secretary of State shall notify the respective clerks immediately 18 upon receipt of all acts available to them for proofreading. Copies 19 One copy of each printed statewide acts act of the General 20 Assembly must be supplied to the each county clerks clerk of court 21 and each county boards of commissioners governing body.” 22 23 I. (54.30)The 1976 Code is amended by adding: 24 25 “Section 8-11-198. Per diem may not be paid to a public officer 26 or state employee from more than one source for any one calendar 27 day.” 28 29 J. (54.35)The 1976 Code is amended by adding: 30 31 “Section 2-3-175. Full-time employees of the House of 32 Representatives and the Senate are prohibited from outside 33 employment during normal working hours, except with the 34 permission of an employee’s department head, and annual leave 35 must be taken for any approved outside employment.” 36 37 K. (54.38)Section 12-36-2120 of the 1976 Code, as last amended 38 by Act 89 of 2001, is further amended by adding an appropriately 39 numbered item at the end to read: 40 41 “( )copies of or access to legislation or other informational 42 documents provided to the general public or any other person by a

1 [4879] 26 1 legislative agency when a charge for these copies is made 2 reflecting the agency’s cost of the copies.” 3 4 L. (54.39) Chapter 3, Title 2 of the 1976 Code is amended by 5 adding: 6 7 “Section 2-3-45. Notwithstanding another provision of law, a 8 member of the House of Representatives who does not use all of 9 his annual allocation for postage or telephone expenses may use 10 the remaining funds in one category in the other category during 11 that year.” 12 13 M. (54.40) Section 2-3-170 of the 1976 Code is amended to read: 14 15 “Section 2-3-170. (A) All persons elected or appointed under 16 the provisions of this chapter shall receive such compensation as 17 the General Assembly shall determine. 18 (B) Notwithstanding any other law, the Speaker must authorize 19 and allocate any base pay increase, merit pay, or bonus among the 20 staff of the House of Representatives in the manner the Speaker 21 determines after consultation with the Operations and Management 22 Committee and chairmen of the standing committees of the 23 House.” 24 25 N. (54.41) Chapter 1, Title 2 of the 1976 Code is amended by 26 adding: 27 28 “Section 2-1-220. Notwithstanding any other provision of law 29 or regulation, or any limitation or provision contained in the 30 annual general appropriations act, each house of the General 31 Assembly is exempt from any provision which requires the 32 approval of the State Budget and Control Board or any other 33 executive branch agency for the expenditure, management, or 34 transfer of any legislative branch appropriations.” 35 36 O. (54.42) Chapter 3, Title 2 of the 1976 Code is amended by 37 adding: 38 39 “Section 2-3-27. A member of the General Assembly who has 40 been convicted of a felony under state or federal law, or who has 41 pled guilty or nolo contendere to these offenses, may not receive 42 compensation or reimbursable expenses provided for members of 43 the General Assembly in the annual general appropriations act.

1 [4879] 27 1 However, this section does not apply to a person who has been 2 pardoned under state or federal law of the disqualifying felony.” 3 4 P. (54.46) Section 1-11-55(1) of the 1976 Code, as added by Act 5 153 of 1997, is amended to read: 6 7 “(1) ‘Governmental body’ means a state government 8 department, commission, council, board, bureau, committee, 9 institution, college, university, technical school, legislative body, 10 agency, government corporation, or other establishment or official 11 of the executive, judicial, or legislative branches of this State. 12 Governmental body excludes the General Assembly, Legislative 13 Council, the Office of Legislative Printing, and Information and 14 Technology Resources Systems, and all local political subdivisions 15 such as counties, municipalities, school districts, or public service 16 or special purpose districts.” 17 18 (3) Section 2-3-75 of the 1976 Code, as last amended by Act 19 194 of 1987, is further amended to read: 20 21 “Section 2-3-75. The Office of Legislative Printing, and 22 Information and Technology Resources Systems (LPITR) (LPITS) 23 shall be is established under the joint direction and management of 24 the Clerk of the Senate and the Clerk of the House. The Clerks 25 shall employ a director to carry out the business of the office, who 26 shall have authority to hire and discharge staff with the approval of 27 the Clerks, with such funds as may be authorized by the General 28 Assembly. The Office of Legislative Printing, and Information 29 and Technology Resources Systems shall have has the following 30 authority and duties: 31 (1) The Office of Legislative Printing, and Information and 32 Technology Resources Systems shall provide printing and 33 technical services to the House of Representatives, the Senate, the 34 Legislative Council, and the Code Commissioner. The Director of 35 LPITR LPITS shall, with the approval of the Clerks, contract for 36 all legislative printing requirements not otherwise provided for by 37 law. LPITR LPITS shall also contract for the printing 38 requirements of the Code Commissioner as contained in Section 39 2-13-60(4). 40 (2) Any materials which have been printed or paid for under 41 the LPITR LPITS printing contract may be sold to other state 42 agencies and private persons. All funds received for such this 43 service shall must be deposited in the state treasury to the credit of

1 [4879] 28 1 the general fund of the State. Before any funds are paid into the 2 state treasury, all necessary expenses incurred by the Office of 3 LPITR LPITS in the production and distribution of materials in 4 accordance with this section may be first deducted and retained by 5 the Office of LPITR LPITS. Payment for such these expenses may 6 be made on order of the Director of Legislative Printing, and 7 Information and Technology Resources Systems and approval of 8 the Clerks of the House and Senate. 9 (3) Legislative Printing, and Information and Technology 10 Resources Systems may sell by means of electronic transmission 11 or by such other means as it deems considers appropriate any 12 legislative document or report which may be obtained under the 13 provisions of Chapter 4 of Title 30 of the 1976 Code as amended. 14 Such This sale shall be is with the approval of the Clerks of the 15 House and Senate upon their prior consultation with the Speaker of 16 the House and the President Pro Tempore of the Senate.” 17 18 (4) Section 2-13-60(5) of the 1976 Code is amended to read: 19 20 “(5) annually prepare for publication, to be printed by the Office 21 of Legislative Printing, and Information and Technology 22 Resources Systems (LPITR) (LPITS), the statutes and joint 23 resolutions passed at the preceding session;” 24 25 (5) Section 2-13-180 of the 1976 Code is amended to read: 26 27 “Section 2-13-180. The Code Commissioner shall, from time to 28 time during any session of the General Assembly, furnish the 29 Office of Legislative Printing, and Information and Technology 30 Resources Systems (LPITR) (LPITS) with all acts and joint 31 resolutions of a general and permanent nature which have become 32 law. The Office of Legislative Printing, and Information and 33 Technology Resources Systems (LPITR) (LPITS) as soon as 34 practicable after delivery of such these acts and joint resolutions 35 shall furnish the Code Commissioner with page proofs of all such 36 acts and joint resolutions.” 37 38 (6) Section 2-13-190 of the 1976 Code, as last amended by Act 39 181 of 1993, is further amended to read: 40 41 “Section 2-13-190. Within five days after receiving such the 42 page proofs corrected from the Code Commissioner, the Office of 43 Legislative Printing, and Information and Technology Resources

1 [4879] 29 1 Systems (LPITR) (LPITS) shall print the same and shall deliver as 2 many copies to the Code Commissioner as the commissioner may 3 order. The Code Commissioner on receipt of such these copies 4 shall send a copy to each of the following officers: The Governor, 5 Supreme Court Justices, Clerk of the Supreme Court, Court of 6 Appeals Judges, Clerk of the Court of Appeals, circuit judges, 7 circuit solicitors, county judges, county solicitors, clerk of the 8 court of each county, judge of probate of each county, Attorney 9 General, Secretary of State, Comptroller General, Adjutant 10 General, State Treasurer, Chief Bank Examiner, Department of the 11 Revenue, Director of the Department of Transportation, State 12 Health Officer, Director of the Department of Natural Resources, 13 Chairman of the Public Service Commission, Commissioner of 14 Agriculture, Director of the Department of Insurance, State Budget 15 and Control Board, State Superintendent of Education, State 16 Librarian, Clerk of the House of Representatives, Clerk of the 17 Senate, Director of the South Carolina Archives Department, and 18 the members of the General Assembly. Any magistrate may 19 obtain a copy of advance sheets of statutes by sending his name, 20 address, and term to the Code Commissioner.” 21 22 (7) Section 2-13-200 of the 1976 Code is amended to read: 23 24 “Section 2-13-200. The Code Commissioner and the Legislative 25 Council may sell the service mentioned in Section 2-13-190 on 26 terms agreeable to the council and the Code Commissioner. All 27 funds received for such this service shall must be deposited in the 28 state treasury, to the credit of the general funds of the State, but 29 before any funds are paid into the state treasury, the expenses by 30 the Code Commissioner and the Office of Legislative Printing, and 31 Information and Technology Resources Systems (LPITR) (LPITS) 32 for additional supplies, postage, and clerical help may be first 33 deducted. Payment of such these additional expenses may be 34 made on order of the Chairman of the Legislative Council and the 35 Clerks of the House and Senate.” 36 37 (8) Section 2-13-210 of the 1976 Code is amended to read: 38 39 “Section 2-13-210. Within twenty-five days after the 40 adjournment of any session of the General Assembly, the Code 41 Commissioner shall furnish the Director of the Office of 42 Legislative Printing, and Information and Technology Resources 43 Systems all acts and joint resolutions passed, and which have been

1 [4879] 30 1 approved by the Governor, not theretofore furnished. The Code 2 Commissioner shall deliver to the Director of the Office of 3 Legislative Printing, and Information and Technology Resources 4 Systems, within fifteen days after the receipt of the final page 5 proof, a complete index of all the acts and joint resolutions 6 furnished the director and such other copy as may be necessary for 7 the published acts. The State Librarian shall receive at least five 8 hundred copies of the entire number of such acts and joint 9 resolutions contracted for. The style and makeup of the acts and 10 joint resolutions shall must be in such form as the Code 11 Commissioner and Clerks of the Senate and the House may agree 12 upon.” 13 14 (9) Section 11-35-310(18)of the 1976 Code, as last amended 15 by Part II, Act 171 of 1991, is further amended to read: 16 17 “(18) ‘Governmental Body’ means a state government 18 department, commission, council, board, bureau, committee, 19 institution, college, university, technical school, agency, 20 government corporation, or other establishment or official of the 21 executive or judicial branch. Governmental body excludes the 22 General Assembly or its respective branches or its committees, 23 Legislative Council, the Office of Legislative Printing, and 24 Information and Technology Resources Systems, and all local 25 political subdivisions such as counties, municipalities, school 26 districts, or public service or special purpose districts or any entity 27 created by act of the General Assembly for the purpose of erecting 28 monuments or memorials or commissioning art that is being 29 procured exclusively by private funds.” 30 31 (10) Section 29-6-250(4) of the 1976 Code, as added by Act 295 32 of 2000, is amended to read: 33 34 “(4) For purposes of this section, ‘governmental body’ means a 35 state government department, commission, council, board, bureau, 36 committee, institution, college, university, technical school, 37 agency, government corporation, or other establishment or official 38 of the executive or judicial branch, and all local political 39 subdivisions. ‘Governmental body’ excludes the General 40 Assembly or its respective branches or its committees, Legislative 41 Council, the Office of Legislative Printing, and Information and 42 Technology Resources Systems, or any entity created by act of the 43 General Assembly for the purpose of erecting monuments or

1 [4879] 31 1 memorials or commissioning art that is procured exclusively by 2 private funds.” 3 4 Part VII 5 6 Secretary of State’s Office 7 8 A. (58.1) Chapter 5, Title 1 of the 1976 Code is amended by 9 adding: 10 11 “Section 1-5-50. The Secretary of State may establish and 12 collect fees, not to exceed the actual cost of searching for or 13 making copies of records. These records must be furnished at the 14 lowest possible cost to the person requesting the records. The 15 agency also may charge a reasonable hourly rate for making 16 records available to the public and require a reasonable deposit of 17 such costs before searching for or making copies of the records. 18 Fees collected pursuant to this section may be retained by the 19 agency and used to defray the expenses associated with purchasing 20 and maintaining computer and telephone facsimile equipment and 21 rent.” 22 23 B. (58.2) Chapter 5, Title 1 of the 1976 Code is amended by 24 adding: 25 26 “Section 1-5-60. The Secretary of State may establish, collect, 27 and retain fees to recover the costs associated with the collection 28 of dishonored checks returned to the agency due to insufficient 29 funds. These fees must be retained and expended by the agency to 30 defray collection expenses and any unused amount must be carried 31 forward to the succeeding fiscal year and used for the same 32 purposes.” 33 34 35 Part VIII 36 37 Comptroller General 38 39 A. (59.5) The 1976 Code is amended by adding: 40 41 “Section 11-3-175. The Office of the Comptroller General shall 42 implement appropriate accounting procedures to consolidate 43 accounts, in connection with lump sum agencies, as necessary for

1 [4879] 32 1 proper accounting and for facilitation of financial reporting in 2 accordance with generally accepted accounting principles.” 3 4 5 Part IX 6 7 State Budget and Control Board 8 9 A. (63.12) The 1976 Code is amended by adding: 10 11 “Section 1-11-225. The Division of Operations shall establish a 12 cost allocation plan to recover the cost of operating the 13 comprehensive statewide Fleet Management Program. The 14 division shall collect, retain, and carry forward funds to ensure 15 continuous administration of the program.” 16 17 B. (63.24) Section 11-9-820 of the 1976 Code, as last amended 18 by Act 181 of 1993, is further amended to read: 19 20 “ Section 11 - 9 - 820. (A) There is created the Board of Economic 21 Advisors as follows: 22 (1) One member, appointed by, and serving at the pleasure 23 of, the Governor, who possesses specific working knowledge and 24 experience in economics, revenue forecasting, and the state budget 25 process. This person shall serve as chairman. and shall receive 26 annual compensation of ten thousand dollars; 27 (2) Designated representative of the State Department of 28 Revenue, who shall serve ex-officio as a nonvoting member. One 29 member appointed by, and serving at the pleasure of, the Chairman 30 of the Senate Finance Committee, who shall receive annual 31 compensation of eight thousand dollars; 32 (3) One member appointed by, and serving at the pleasure 33 of, the Chairman of the House Ways and Means Committee of the 34 House of Representatives, who possesses specific working 35 knowledge and experience in economics, revenue forecasting, and 36 the state budget process. shall receive annual compensation of 37 eight thousand dollars; 38 (4) One member appointed by the Chairman of the Senate 39 Finance Committee who possesses specific working knowledge 40 and experience in economics, revenue forecasting, and the state 41 budget process The Director of the Department of Revenue, who 42 shall serve ex officio, with no voting rights.

1 [4879] 33 1 The Chairman of the Board of Economic Advisors shall report 2 directly to the Budget and Control Board to establish policy 3 governing economic trends. The staff of the Board of Economic 4 Advisors are administratively assigned to the Office of the 5 Executive Director of the State Budget and Control Board. The 6 staff shall advise the Board of Economic Advisors but shall report 7 administratively to the Executive Director of the Budget and 8 Control Board. The Chief Economist of the Board of Economic 9 Advisors must be appointed annually by the Executive Director of 10 the Budget and Control Board in consultation with the Chairman 11 of the Board of Economic Advisors. 12 (B) The Chairman of the Board of Economic Advisors shall 13 report directly to the Budget and Control Board to establish policy 14 governing economic trend analysis. The Board of Economic 15 Advisors shall provide for its staffing and administrative support 16 from funds appropriated by the General Assembly. 17 (C) The Executive Director of the Budget and Control Board 18 shall assist the Governor, Chairman of the Board of Economic 19 Advisors, Chairman of the Senate Finance Committee, and 20 Chairman of the Ways and Means Committee of the House of 21 Representatives in providing an effective system for compiling and 22 maintaining current and reliable economic data. The Board of 23 Economic Advisors may establish an advisory board to assist in 24 carrying out its duties and responsibilities. All state agencies, 25 departments, institutions and divisions shall provide the 26 information and data the advisory board requires. The Board of 27 Economic Advisors is considered a public body for purposes of the 28 Freedom of Information Act, pursuant to Section 30 - 4 - 20(a). 29 (D) The Department of Commerce shall provide to the Board of 30 Economic Advisors by November tenth the public document 31 prepared pursuant to Section 12 - 10 - 100(C) itemizing each 32 revitalization agreement concluded during the previous calendar 33 year. The Department of Revenue shall provide to the Board of 34 Economic Advisors by November tenth a report of the amount of 35 each tax credit claimed in the previous tax year pursuant to Title 36 12. The report must list individually the amount claimed and the 37 number of filings for each tax credit. The Department of Revenue 38 also must provide to the Board of Economic Advisors by 39 November tenth magnetic tapes containing data from all state 40 individual and corporate income tax filings from the previous tax 41 year, excluding confidential identifying information.” 42

1 [4879] 34 1 C. (63.29-63.34) Chapter 11, Title 1 of the 1976 Code is 2 amended by adding: 3 4 “Article 7 5 6 Confederate Relics 7 8 Section 1-11-1110. The Director of the Confederate Relic 9 Room must be appointed by the Executive Director of the State 10 Budget and Control Board after consultation with the South 11 Carolina Division Commander of the Sons of the Confederate 12 Veterans and the President of the South Carolina Chapter of the 13 United Daughters of the Confederacy. The director shall serve at 14 the pleasure of the executive director. 15 16 Section 1-11-1120. (A) The Confederate Relic Room is 17 authorized to supplement its state appropriations by receiving 18 donations of funds and artifacts and admission fees and to expend 19 these donations and fees to support its operations and for the 20 acquisition, restoration, preservation, and display of its collection. 21 (B) The Confederate Relic Room is authorized to collect, 22 retain, and expend fees from research and photographic processing 23 requests and from the sale of promotional items. 24 25 Section 1-11-1130. No artifacts owned by the State in the 26 permanent collections of the Confederate Relic Room may be 27 permanently removed or disposed of except by a Concurrent 28 Resolution of the General Assembly. 29 30 Section 1-11-1140. It is the intent of the General Assembly 31 that, as soon as space becomes available, the Confederate Relic 32 Room shall relocate to the Columbia Mills building where it will 33 be retained as a separate and distinct facility, to be known as the 34 Confederate Museum, under the State Budget and Control Board.” 35 36 D. (63.38) Chapter 11, Title 8 of the 1976 Code is amended by 37 adding: 38 39 “Section 8-11-57. Notwithstanding any other provision of law, 40 whenever the Governor declares a state of emergency or orders all 41 or some state offices closed due to hazardous weather conditions 42 he may authorize up to five days leave with pay for affected state

1 [4879] 35 1 employees who are absent from work due to the state of 2 emergency or the hazardous weather conditions.” 3 4 E. (63.45)(1) The 1976 Code is amended by adding: 5 6 “Section 9-1-1870. Notwithstanding any other provision of law, 7 except as provided below, retirees and beneficiaries under the State 8 Retirement Systems receiving Medicaid (Title XIX) sponsored 9 nursing home care as of June thirtieth of the prior fiscal year shall 10 receive no increase in retirement benefits during the current fiscal 11 year. However, a retired employee affected by the above 12 prohibition may receive the scheduled increase if he is discharged 13 from the nursing home and does not require admission to a 14 hospital or nursing home within six months. The Department of 15 Health and Human Services, the Department of Social Services, 16 and the State Retirement Systems must share the information 17 needed to implement this section.” 18 19 (2) The 1976 Code is amended by adding: 20 21 “Section 9-11-315. Notwithstanding any other provision of law, 22 except as provided below, retirees and beneficiaries under the 23 Police Officers Retirement System receiving Medicaid (Title XIX) 24 sponsored nursing home care as of June thirtieth of the prior fiscal 25 year shall receive no increase in retirement benefits during the 26 current fiscal year. However, a retired employee affected by the 27 above prohibition may receive the scheduled increase if he is 28 discharged from the nursing home and does not require admission 29 to a hospital or nursing home within six months. The Department 30 of Health and Human Services, the Department of Social Services, 31 and the State Retirement Systems must share the information 32 needed to implement this section.” 33 34 F. (63.46)The 1976 Code is amended by adding: 35 36 “Section 9-1-1350. Notwithstanding the amounts annually 37 appropriated as ‘State Employer Contributions,’ the State 38 Treasurer and Comptroller General are hereby authorized and 39 directed to transfer from the general fund of the State to the proper 40 Retirement System Accounts, month by month, during the current 41 fiscal year, such funds as are necessary to comply with the terms 42 of the Retirement Act as amended, with respect to contributions by 43 the State of South Carolina to the Retirement System.”

1 [4879] 36 1 2 G. (63A.1) Chapter 7, Title 11 of the 1976 Code is amended by 3 adding: 4 5 “Section 11-7-35. In order to carry out his duties, the State 6 Auditor and his assistants or designees must have access to all 7 records and facilities of every state agency during normal 8 operating hours. The State Auditor and his assistants or designees 9 must have access to all relevant records and facilities of any 10 private organization receiving appropriated state monies, relating 11 to the management and expenditures of these state monies, during 12 the organization’s normal operating hours. In the performance of 13 his official duties, the State Auditor and his assistants or designees 14 are subject to the statutory provisions and penalties regarding the 15 confidentiality of records of the respective agency, or organization, 16 under review. All audit working papers and memoranda of the 17 State Auditor, with the exception of final audit reports, are 18 confidential and not subject to public disclosure.” 19 20 H. (63A.4) Chapter 7, Title 11 of the 1976 Code is amended by 21 adding: 22 23 “Section 11-7-40. The State Auditor shall bill the South 24 Carolina Department of Health and Human Services monthly for 25 fifty percent of the costs incurred by the State Auditor in 26 conducting the medical assistance audit. The amount billed by the 27 State Auditor must include those appropriated salary adjustments 28 and employer contributions allowable under the Medicaid 29 program. The Department of Health and Human Services shall 30 remit the amount billed to the credit of the general fund of the 31 State.” 32 33 I. (63B.1) The 1976 Code is amended by adding: 34 35 “Section 8-11-194. Any agency of state government whose 36 operations are covered by funds from other than general fund 37 appropriations must pay from such other sources a proportionate 38 share of the employer costs of retirement, social security, workers’ 39 compensation insurance, unemployment compensation insurance, 40 health and other insurance for active and retired employees, and 41 any other employer contribution provided by the State for the 42 agency’s employees.” 43

1 [4879] 37 1 J. (63.B2 and 63B.3) The 1976 Code is amended by adding: 2 3 “Section 41-31-820. (A) Unemployment Compensation 4 premiums collected from state agencies will be deposited into a 5 separate account and used to pay Unemployment Compensation 6 benefits to eligible employees of the State. Premiums will be 7 based on experience ratings provided by private consultants and 8 the Budget and Control Board. The Unemployment Compensation 9 Funds’ contribution level must be reviewed no less than biennially 10 to ensure that premiums are commensurate with the cost of 11 operating the Unemployment Compensation Fund. All interest 12 earned on this account must be retained by the Unemployment 13 Compensation Fund and used to offset costs. 14 (B) Notwithstanding the amounts annually appropriated as 15 ‘Unemployment Compensation Insurance’ to cover unemployment 16 benefit claims paid to employees of the State Government who are 17 entitled under federal law, the State Treasurer and the Comptroller 18 General, are hereby authorized and directed to pay from the 19 general fund of the State to the South Carolina Employment 20 Security Commission such funds as are necessary to cover actual 21 benefit claims paid during the current fiscal year which exceed the 22 amounts paid in for this purpose by the various agencies, 23 departments, and institutions subject to unemployment 24 compensation claims. The Employment Security Commission 25 must certify quarterly to the Budget and Control Board the state’s 26 liability for such benefit claims actually paid to claimants who 27 were employees of the State of South Carolina and entitled under 28 federal law. The amount so certified must be remitted to the 29 Employment Security Commission.” 30 31 K. (63B.4) The 1976 Code is amended by adding: 32 33 “Section 42-7-210. Notwithstanding the amounts annually 34 appropriated as ‘Workers’ Compensation Insurance’ to cover 35 Workers’ Compensation benefit claims paid to employees of the 36 state government who are entitled under state law, the State 37 Treasurer and the Comptroller General are hereby authorized and 38 directed to pay from the General Fund of the State to the State 39 Accident Fund such funds as are necessary to cover actual benefit 40 claims paid and expenses relating to the operations of the agency 41 during the current fiscal year which exceed the amounts paid in for 42 this purpose by the various agencies, departments, and institutions. 43 The State Accident Fund must certify quarterly to the Budget and

1 [4879] 38 1 Control Board the state’s liability for such benefit claims actually 2 paid to claimants who are employees of the State of South 3 Carolina and entitled under state law. The amount so certified 4 must be remitted to the State Accident Fund.” 5 6 L. (63C.1) The 1976 Code is amended by adding: 7 8 “Section 11-11-325. If the Board of Economic Advisors 9 revenue forecast to the Budget and Control Board at any time 10 during the current fiscal year projects that revenues for the current 11 fiscal year will be less than appropriated expenditures for this year, 12 the Budget and Control Board in mandating necessary cuts during 13 the current fiscal year to eliminate the projected deficit must first 14 reduce to the extent necessary the appropriation to the Capital 15 Reserve Fund, prior to mandating any cuts in operating 16 appropriation.” 17 18 Part X 19 20 South Carolina Department of Revenue 21 22 A. (64.1, 64.3, 64.6) The 1976 Code is amended by adding: 23 24 “Section 12-4-390. (A) The Department of Revenue may 25 collect fees to recover the costs of the production, purchase, 26 handling and mailing of documents, publications, records and data 27 sets, and such funds shall be retained by the agency. 28 (B) As to revenue derived from the provisions of Chapter 21, 29 Title 12, which is collected from bingo, the Department of 30 Revenue may withhold from the general fund a portion of the 31 revenue the actual costs of bingo audit activity and of criminal 32 record checks pursuant to the evaluation of applications for bingo 33 licenses. 34 (C) Whenever a professional designation or license is a 35 legislatively mandated requirement for employment by the 36 Department of Revenue, the department is responsible for the 37 annual cost to maintain that required designation or license and 38 provide for examination cost associated with such designation or 39 license if not outside his normal duties.” 40 41 B. Section 12-54-240(B) of the 1976 Code, as last amended by 42 Act 89 of 2001, is further amended by adding a new item to read: 43

1 [4879] 39 1 “(23) disclosure of any information on any return that has been 2 filed with the Department of Revenue to the Department of Health 3 and Human Services for the purpose of verifying Medicaid 4 eligibility.” 5 Part XI 6 7 General Provisions 8 9 A. (72.2) Article 1, Chapter 11, Title 11 of the 1976 Code is 10 amended by adding: 11 12 “Section 11-11-160. The General Assembly shall appropriate 13 all state funds and authorize or appropriate, or both, the use of all 14 federal and other funds for the operations of state agencies and 15 institutions for the current fiscal year. Transfers of these 16 appropriations or authorizations may be approved by the State 17 Budget and Control Board under its authority or by the agency as 18 provided in the annual general appropriations act. An agency 19 which requests or transfers personal service funds must indicate on 20 the transfer document whether or not a reduction in force is 21 involved. To the extent practicable, all agencies and institutions 22 having federal or other funds available for the financing of their 23 operation shall expend these funds in accordance with the 24 provisions of the annual general appropriations act. The 25 authorization to spend federal and other funds must be decreased 26 to the extent that receipts from these sources do not meet the 27 estimates as reflected in each section of the annual general 28 appropriations act and any increase must be authorized through the 29 review process as provided in Chapter 65 of Title 2.” 30 31 B. (72.8) Chapter 5, Title 11 of the 1976 Code is amended by 32 adding: 33 34 “Section 11-5-280. The State Treasurer may enter into contracts 35 allowing a state agency or institution to accept credit cards as 36 payment for goods or services provided.” 37 38 C. (72.9) Chapter 3, Title 11 of the 1976 Code is amended by 39 adding: 40 41 “Section 11-3-185. The expenditure of money appropriated by 42 the General Assembly is by warrant requisitions directed to the 43 Comptroller General. Upon receipt of the requisition,

1 [4879] 40 1 accompanied by invoices or other satisfactory evidence of the 2 propriety of the payment, and itemized according to standard 3 budget classifications, the Comptroller General shall issue a 4 warrant on the State Treasurer to the payee designated in the 5 requisition. Requisitions for warrants may not be processed for 6 amounts less than one dollar. Upon approval and designation by 7 the State Budget and Control Board, state institutions may 8 requisition funds in favor of their own treasurer, itemized only to 9 the extent of the purpose of the appropriation as expressed in the 10 act or joint resolution appropriating the funds, and may deposit 11 these funds in the name of the institution in the bank or banking 12 institutions designated by the State Treasurer, and disburse these 13 funds by check in order to meet the purposes of the appropriation. 14 Strict account must be kept of all these expenditures according to 15 standard budget classifications. Money may be drawn only when 16 actually owing and due. The Comptroller General shall establish 17 rules and regulations for the uniform reimbursement, remittance, 18 and transfers of funds to the general fund of the State as required 19 by law.” 20 21 D. (72.11) Chapter 13, Title 11 of the 1976 Code is amended by 22 adding: 23 24 “Section 11-13-45. All federal funds received must be deposited 25 in the State Treasury, if not in conflict with federal regulations, 26 and withdrawn from the State Treasury as needed, in the same 27 manner as that provided for the disbursement of state funds. If it is 28 determined that federal funds are not available for, or cannot be 29 appropriately used in connection with, all or any part of any 30 activity or program for which state funds are specifically 31 appropriated for the fiscal year to match federal funds, the 32 appropriated funds may not be expended and must be returned to 33 the general fund, except upon specific written approval of the State 34 Budget and Control Board. Donations or contributions from 35 sources other than the federal government, for use by any state 36 agency, must be deposited in the State Treasury, but in special 37 accounts, and may be withdrawn from the treasury as needed to 38 fulfill the purposes and conditions of the donations or 39 contributions, if specified, and if not specified, as directed by the 40 proper authorities of the department. The expenditure of funds by 41 state agencies from sources other than general fund appropriations 42 are subject to the same limitations and provisions of law applicable 43 to the expenditure of appropriated funds with respect to salaries,

1 [4879] 41 1 wages or other compensation, travel expense, and other allowance 2 or benefits for employees.” 3 4 E. (72.15) Chapter 13, Title 11 of the 1976 Code is amended by 5 adding: 6 7 “Section 11-13-140. For purposes of federal law or regulation 8 relating to funds allotted to state agencies which include 9 requirements relating to banking procedures, the State Treasury is 10 deemed to meet the definition of a bank.” 11 12 F. (72.22)Article 1, Chapter 11, Title 1 of the 1976 Code is 13 amended by adding: 14 15 “Section 1-11-475. It is the intent of the General Assembly that 16 the amounts appropriated to each agency or institution in a fiscal 17 year for employee benefits are sufficient to pay the employer 18 contribution costs of that agency. The State Budget and Control 19 Board shall devise a plan for the expenditure of the funds 20 appropriated for employer contributions and may require transfers 21 of funds within an agency or institution if it becomes evident that 22 the employer contribution costs exceed the funds available for that 23 purpose.” 24 25 G. (72.23) Section 8-11-170 of the 1976 Code, as added by Act 26 164 of 1993, is amended to read: 27 28 “Section 8-11-170. (A) No An agency head may not be dually 29 employed by another state agency or institution of higher 30 education without prior approval by the Agency Head Salary 31 Commission and the State Budget and Control Board. 32 (B) An employee who is approved for dual employment must 33 be paid in a timely manner. The secondary agency must make 34 payment of funds approved for and earned under dual employment 35 within forty - five days of the beginning of the employment.” 36 37 H. (72.24) Article 3, Chapter 11, Title 8 of the 1976 Code is 38 amended by adding: 39 40 “Section 8-11-35. (A) Except as otherwise provided by law, 41 appropriations for compensation of state employees must be paid 42 in twice-monthly installments to the person holding the position. 43 To provide a regular and permanent schedule for payment of

1 [4879] 42 1 employees, the payroll period begins on June 2 of the prior fiscal 2 year with the first pay period ending on June 16 of the prior fiscal 3 year. The payroll period continues thereafter on a twice-monthly 4 schedule as established by the State Budget and Control Board. 5 This schedule must continue from one fiscal year to another 6 without interruption, on a twice-monthly basis. The State Budget 7 and Control Board may approve changes to this schedule where 8 circumstances are considered justifiable. 9 (B) The appropriated salaries for specified positions means the 10 maximum compensation for the position, except as specifically 11 provided in other provisions of the annual general appropriations 12 act or other provisions of law, and if the head of a department is 13 able to secure the services for a particular position or work at a 14 lower rate than the salary specified in the annual general 15 appropriations act, the agency head is authorized to pay a lower 16 salary. 17 (C) An employee of a state department or institution must not 18 be paid any compensation from any other department of the state 19 government except as approved under the provisions of Regulation 20 19-702.09 of the South Carolina Code of Regulations, and an 21 employee of a department or institution must not be paid travel 22 expenses by any other department or institution without approval 23 of the agency by which he is regularly employed. 24 (D) The Comptroller General, after June thirtieth of each year, 25 shall report to the Senate Finance Committee and the House Ways 26 and Means Committee the names of all employees receiving dual 27 compensation and the amounts received. The report shall list 28 information under the primary employing agency, and in the 29 format which lists employees under the requesting or secondary 30 agency. 31 (E) The provisions of Regulation 19-707.02 of the South 32 Carolina Code of Regulations and Section 8-13-750 do not apply 33 to employees hired for one hundred twenty days or fewer.” 34 35 I. (72.27)The 1976 Code is amended by adding: 36 37 “Section 8-11-196. Notwithstanding another provision of law, 38 state agencies and institutions may, at their discretion, hire 39 employees to fill temporary grant positions specified in federal 40 grants, public charity grants, private foundation grants, research 41 grants, and positions with time limited funding approved or 42 authorized by the appropriate state authority in accordance with the 43 following provisions:

1 [4879] 43 1 (1) only funds authorized within the approved federal grant, 2 public charity grant, private foundation grant, research grant, time 3 limited funds for a specified project, or grant generated revenue 4 can be used to pay the salaries, or benefits, or both, of temporary 5 employees hired under this provision; 6 (2) temporary grant or time limited positions, employees, and 7 the conditions of their employment must be reported in accordance 8 with provisions developed by the Division of Budget and Analyses 9 of the Budget and Control Board; 10 (3) positions established under this provision must be limited 11 to and must not exist beyond the duration of the time limited 12 project, grant, or a subsequent renewal of it. However, at the 13 discretion of the public institutions of higher education, including 14 the technical colleges and schools, grant generated revenue may be 15 used to fund continued employment between the expiration of one 16 grant and the subsequent renewal of the same or similar grant. 17 When the grant, time limited project, or a subsequent renewal 18 ends, temporary grant or time limited project employees must be 19 terminated and their positions will cease to exist. Temporary grant 20 or time limited project employees will be exempt from the 21 provisions of Sections 8-17-310 through 8-17-380. State agencies 22 and institutions must terminate all temporary grant or time limited 23 project positions when funding is terminated, or is insufficient to 24 continue payments under the conditions of the grant or time 25 limited project; 26 (4) temporary grant or time limited project employees may be 27 eligible for benefits, excluding permanent or probationary 28 employment status, not to exceed benefits available to permanent 29 state employees if the funds are available within the grant, time 30 limited project, or that the use of grant generated revenue is 31 determined to be appropriate by the agency or institution; 32 (5) temporary grant or time limited project employees are 33 employed at will, The use of grant generated revenue shall not 34 alter the at will employment relationship of temporary grant or 35 time limited project employees. The temporary grant or time 36 limited project employees are not entitled to compensation beyond 37 the date of termination, but for the part of the grant or time limited 38 project that has been performed; and 39 (6) discretionary determinations by a state agency or institution 40 to hire an employee pursuant to this section are final and not 41 subject to administrative or judicial appeal.” 42 43 J. (72.38)The 1976 Code is amended by adding:

1 [4879] 44 1 2 “Section 1-11-67. The State Budget and Control Board shall 3 assess and collect a rental charge from all state departments and 4 agencies that occupy State Budget and Control Board space in 5 state-controlled office buildings. The amount charged each 6 department or agency must be calculated on a square foot, or other 7 equitable basis of measurement, and at rates that will yield 8 sufficient total annual revenue to cover the annual principal and 9 interest due or anticipated on the Capital Improvement Obligations 10 for projects administered or planned by the Office of General 11 Services, and maintenance and operation costs of State Budget and 12 Control Board-controlled office buildings under the supervision of 13 the Office of General Services. The amount collected must be 14 deposited in a special account and must be expended only for 15 payment on Capital Improvement Obligations and maintenance 16 and operations costs of the buildings under the supervision of the 17 Office of General Services. 18 All departments and agencies against which rental charges are 19 assessed and whose operations are financed in whole or in part by 20 federal, or other nonappropriated funds, are both directed to 21 apportion the payment of these charges equitably among all funds, 22 to ensure that each bears its proportionate share.” 23 24 K. (72.41) The 1976 Code is amended by adding: 25 26 “Section 1-11-425. All agencies using appropriated funds shall 27 print on the last page of all bound publications the following 28 information: 29 (1) total printing cost, 30 (2) total number of documents printed, and 31 (3) cost per unit. 32 The President Pro Tempore of the Senate, the Speaker of the 33 House, Legislative Printing, Information and Technology Systems, 34 the presidents of each institution of higher education, and the State 35 Board for Technical and Comprehensive Education may exempt 36 from this requirement documents published by their respective 37 agencies. Agency publications which are produced for resale are 38 also exempt from this requirement. 39 Publications of public relations nature, produced by Parks, 40 Recreation and Tourism, and the Division of State Development 41 are exempt from this requirement.” 42

1 [4879] 45 1 L. (72.55)The 1976 Code is amended by adding: 2 3 “Section 8-11-199. State agencies and institutions are prohibited 4 from paying or reimbursing professional dues payments for 5 individuals to the American Bar Association.” 6 7 M. (72.60) The 1976 Code is amended by adding: 8 9 “Section 10-1-55. A local government entity which demands 10 payment of rent or lease payments from a state agency or 11 institution, unless approved by that state agency, must have 12 deducted from that local government’s State Aid to Subdivisions 13 allocation an amount equal to one hundred ten percent of the 14 amount charged. The state agency must be reimbursed the actual 15 amount paid and the balance must be credited to the General Fund 16 of the State from the portion of the allocation deducted.” 17 18 N. (72.64) Section 8-11-15 of the 1976 Code, as added by Act 19 178 of 1993, is amended to read: 20 21 “Section 8-11-15. (A) The minimum full-time workweek for 22 employees of state agencies and institutions is thirty-seven and 23 one-half hours. The agency or institution may vary an employee’s 24 work schedule through the use of alternative scheduling strategies 25 to meet the needs and service delivery requirements of the agency 26 or institution. 27 (B) State agencies may use alternate work locations, including 28 telecommuting, that result in greater efficiency and cost savings.” 29 30 O. (72.76) Section 11-9-85 of the 1976 Code, as added by Act 31 501 of 1992, is amended to read: 32 33 “Section 11-9-85. For accounting purposes, the Comptroller 34 General shall calculate revenues of the following taxes and fees on 35 an accrual basis: 36 (1) stamp and business license; 37 (2) alcoholic liquor; 38 (3) beer and wine; 39 (4) soft drink; 40 (5) electric power; 41 (6) gasoline and motor fuel; 42 (7) admissions, including bingo admissions; and 43 (8) sales, use, and casual excise. and

1 [4879] 46 1 (9) recording a deed.” 2 3 P. (72.79) Section 4-9-150 of the 1976 Code, as last amended by 4 Act 365 of 1988, is further amended to read: 5 6 “Section 4-9-150. The council shall provide for an independent 7 annual audit of all financial records and transactions of the county 8 and any agency funded in whole by county funds and may provide 9 for more frequent audits as it considers necessary. Special audits 10 may be provided for any agency receiving county funds as the 11 county governing body considers necessary. The audits must be 12 made by a certified public accountant or public accountant or firm 13 of these accountants who have no personal interest, direct or 14 indirect, in the fiscal affairs of the county government or any of its 15 officers. The council may, without requiring competitive bids, 16 designate the accountant or firm annually or for a period not 17 exceeding one year. The designation for any particular fiscal year 18 must be made no later than thirty days after the beginning of the 19 fiscal year. The report of the audit must be made available for 20 public inspection. A copy of the report of audit must be submitted 21 to the Comptroller General no later than January first each year 22 following the close of the books of the previous fiscal year. 23 If the report is not timely filed, or within the time extended for 24 filing the report, funds distributed by the Comptroller General to 25 the county in the current fiscal year must be withheld pending 26 receipt of a copy of the report.” 27 28 Q. (72.83) Chapter 11, Title 8 of the 1976 Code is amended by 29 adding: 30 31 “Section 8-11-75. An employee participating in any plan under 32 the Deferred Compensation Program may repay a plan loan made 33 by the employee through payroll deductions from the employee’s 34 compensation. At the request of a state employee the Comptroller 35 General may by payroll deduction collect and pay over to the 36 appropriate entity the amount designated by the employee to repay 37 a deferred compensation plan loan.” 38 39 Part XII 40 41 Maintenance of Caisson 42 43 A. Chapter 1, Title 25 of the 1976 Code is amended by adding:

1 [4879] 47 1 “Section 25-1-1440. The Adjutant General’s Office shall 2 expend from appropriated money each year any necessary and 3 reasonable expenses associated with the maintenance and care of 4 the Adjutant General’s caisson. The Adjutant General may make 5 its caisson available for the funeral of dignitaries and military- 6 oriented activities and events. The Adjutant General may accept 7 donations for the expenses associated with maintenance and care 8 of the caisson. Excess money from donations may be carried 9 forward each fiscal year by the Adjutant General to be used strictly 10 for future costs associated with the maintenance and care of the 11 caisson.” 12 13 SECTION 2. The numbers in parenthesis following the 14 individually lettered subdivisions in each Part of Section 1 of this 15 act are for purpose of identification only. 16 17 SECTION 3. A.The 1976 Code is amended by adding: 18 19 “Section 59-150-355. There is appropriated from the Education 20 Lottery Account for the following education purposes and 21 programs and funds for these programs and purposes shall be 22 transferred by the Budget and Control Board as directed below. 23 These appropriations must be used to supplement and not supplant 24 existing funds for education. Distributions from the Education 25 Lottery Account must be made on a quarterly basis by the last day 26 of January, April, July, and October of each year, beginning in 27 July 2002 if the account has accrued more than $35,000,000 in net 28 proceeds by that date. The Budget and Control Board is directed 29 to prepare the subsequent Lottery Expenditure Account detail 30 budget to reflect the appropriations of the Education Lottery 31 Account as provided in this section. Fiscal year 2002-2003 32 certified net lottery proceeds and investment earnings of 33 $172,000,000 are appropriated as follows: Department of 34 Education--K-5 Reading, Math, Science & Social Studies Program 35 as provided in Section 59-1-525, $32,915,900; School Buses, $ 36 8,000,000; State Library, Aid to County Libraries as provided in 37 Section 59-150-350(D), $1,500,000; Commission on Higher 38 Education--Endowed Chairs as provided in Chapter 75 of Title 2, 39 $30,000,000; Commission on Higher Education--LIFE 40 Scholarships as provided in Chapter 149 of Title 59, $40,000,000; 41 Palmetto Fellows Scholarships as provided in Section 59-104-20, 42 $5,000,000; National Guard Tuition Repayment Program as 43 provided in Section 59-111-75, $1,500,000; Technology: Public

1 [4879] 48 1 4-Year Universities, 2-Year Institutions, and State Technical 2 Schools, $11,103,683; Tuition Assistance - Technical Schools and 3 2-year institutions as provided in Section 59-150-360, 4 $34,000,000; HOPE Scholarships as provided in Section 5 59-150-370, $5,787,600; Administration of Scholarships, 6 Technical Grants, and Endowed Chair programs, $192,817; South 7 Carolina State University - Research and Technology Grant, 8 $2,000,000; Of the funds appropriated for technology, one-half 9 must be used for University Technology Grant Program funds to 10 be awarded to public four-year universities, excluding the 11 University of South Carolina-Columbia, Clemson, and the Medical 12 University of South Carolina. Grants must be awarded to 13 institutions with grant proposals supporting the development of 14 technology and/or technology infrastructure. The review process, 15 to include the awarding of grants, is to be determined by the 16 Commission on Higher Education. The remaining one-half of 17 these funds appropriated for technology shall be Technology Grant 18 Program funds to be used for technology upgrades across the 19 public two-year institutions and the technical college system for 20 the support and development of technology. One-half of one 21 percent of the allocated amount must be used by the Commission 22 on Higher Education to fund Palmetto Fellows Scholarships. 23 Funds appropriated for Research and Technology Grant - South 24 Carolina State University must be used to support basic and 25 applied research in information and technology outreach 26 opportunities for South Carolina’s rural and urban citizens. The 27 Commission on Higher Education is authorized to temporarily 28 transfer funds between appropriated line items and between 29 recurring and nonrecurring funds in order to ensure the timely 30 receipt of scholarships and tuition assistance. The amounts 31 appropriated for school buses must be used for the purchase of 32 new school buses and the repair of existing school buses. Fiscal 33 year 2001-2002 certified net lottery proceeds and investment 34 earnings of $80,000,000 are appropriated as follows: Department 35 of Education--Education Accountability Act, $23,903,683; School 36 Buses, $15,000,000; Educational Television Commission--ETV 37 Digitalization as provided in Section 59-150-350(D), $18,500,000; 38 Tuition Grants Commission--Tuition Grants, $3,000,000; 39 Commission on Higher Education--Teacher Grants as provided in 40 Section 59-150-350(D), $2,000,000; Technology: Public 4-Year 41 Universities, 2-Year Institutions, and State Technical Schools, 42 $10,596,317; Historically Black College and University 43 Maintenance and Repair, $3,000,000; South Carolina State

1 [4879] 49 1 University - Research and Technology Grant, $1,000,000; 2 Needs-Based Grants, $3,000,000. The funds appropriated to the 3 Department of Education for the Education Accountability Act 4 shall be used to provide homework centers ($1,548,440); retraining 5 grants ($4,637,000); external review teams ($1,466,872); teacher 6 specialists ($12,581,069); principal specialists ($2,270,302); 7 school-based pilot programs ($400,000); and Palmetto Gold and 8 Silver Awards Program ($1,000,000). Funds appropriated for 9 teacher and principal specialists must be used first to fully fund 10 these programs. Any funds remaining are to be used for the other 11 five programs listed above. School-based Pilot Programs must 12 include the deregulation of any school district with an overall 13 absolute or improved designation of average or better when 14 requested by the district. The amounts appropriated for school 15 buses must be used for the purchase of new school buses including 16 six appropriately equipped school buses for the School for the 17 Deaf and Blind, and the repair of existing school buses. Of the 18 allocation for the purchase of new school buses, two new 19 nineteen-passenger activity buses must be purchased for John de la 20 Howe. Of the funds appropriated for technology, one-half must be 21 used for University Technology Grant Program funds to be 22 awarded to public four-year universities, excluding the University 23 of South Carolina-Columbia, Clemson, and the Medical University 24 of South Carolina. Grants must be awarded to institutions with 25 grant proposals supporting the development of technology and/or 26 technology infrastructure. The review process, to include the 27 awarding of grants, is to be determined by the Commission on 28 Higher Education. The remaining one-half of these funds 29 appropriated for technology shall be Technology Grant Program 30 funds to be used for technology upgrades across the public 31 two-year institutions and the technical college system for the 32 support and development of technology. One-half of one percent 33 of the allocated amount must be used by the Commission on 34 Higher Education to fund Palmetto Fellows Scholarships. The 35 amounts appropriated for South Carolina’s private historically 36 black colleges and universities, as defined in 20 U.S. Code Section 37 1061, amended, shall be appropriated in an equal amount to each 38 institution to be used by the institutions for construction and 39 renovation projects. Funds appropriated for Research and 40 Technology Grant - South Carolina State University must be used 41 to support basic and applied research in information and 42 technology outreach opportunities for South Carolina’s rural and 43 urban citizens. Fiscal year 2002-2003 net lottery proceeds and

1 [4879] 50 1 investment earnings in excess of the certified net lottery proceeds 2 and investment earnings for this period are appropriated and shall 3 be used to ensure that all LIFE, Palmetto Fellows, and HOPE 4 Scholarships created or supplemented by the General Assembly for 5 fiscal year 2002-2003 in this section are fully funded. Fiscal year 6 2001-2002 net lottery proceeds and investment earnings in excess 7 of certified net lottery proceeds and investment earnings for this 8 period are appropriated and shall be carried forward and used to 9 ensure that all LIFE, Palmetto Fellows, and HOPE Scholarships 10 created or supplemented by the General Assembly for fiscal year 11 2002-2003 in this section are fully funded. Fiscal Year 2001-2002 12 and 2002-2003 the first $1,000,000 of unclaimed prize money is 13 appropriated to the Budget and Control Board to contract for 14 services assisting in the prevention and treatment of gambling 15 disorders as specified in Section 59-150-230(I). Any revenue in 16 excess of the $1,000,000 must be appropriated to the State 17 Department of Education for the purchase and repair of school 18 buses. If the lottery revenue received for fiscal year 2001-2002 or 19 fiscal year 2002-2003 is less than the amounts appropriated, the 20 projects and programs receiving appropriations for any such year 21 shall have their appropriations reduced on a pro rata basis, except 22 that a reduction must not be applied to the funding of LIFE, 23 Palmetto Fellows, and HOPE Scholarships.” 24 25 B.1. Section 59-149-10(E) of the 1976 Code, as added by Act 59 26 of 2001, is amended to read: 27 28 “(E)(1)Beginning with school year 2002-2003, the annual 29 amount of a LIFE Scholarship for eligible resident students 30 attending a four-year public or independent institution as defined 31 in this chapter is increased to the cost of tuition for thirty credit 32 hours a year or its equivalent plus a three hundred dollar per a year 33 book allowance. Tuition for this purpose means the amount 34 charged for registering for credit hours of instruction and shall not 35 include other fees, charges, or costs of textbooks, except for the 36 referenced three hundred dollar book allowance, and may not 37 exceed four thousand seven hundred dollars for each student for 38 each year, plus the book allowance. 39 (2) Beginning with school year 2002-2003, the annual 40 amount of a LIFE Scholarship for eligible resident students 41 attending a four-year independent institution must be the cost of 42 attendance up to a maximum of the average annual cost of tuition 43 at the state’s four-year public institutions of higher learning in the

1 [4879] 51 1 corresponding academic year. In addition, and notwithstanding the 2 provisions of subsection (D) above, beginning with school year 3 2002 - 2003, eligible resident students attending two - year 4 independent institutions may not receive an annual LIFE 5 scholarship of more than the maximum cost of tuition at two - year 6 regional public institutions for thirty credit hours a year or its 7 equivalent. An eligible student attending a two - year public or 8 independent institution or technical college shall receive the three 9 hundred dollar book allowance in addition to his cost of tuition.” 10 11 2. Section 59-149-50(A) of the 1976 Code, as added by Act 418 of 12 1998, is further amended to read: 13 14 “(A) To be eligible for a LIFE Scholarship, a student must be 15 either a member of a class graduating from a high school located in 16 this State on or after May, 1995, a home school student who has 17 successfully completed a high school home school program in this 18 State in the manner required by law on or after May, 1995, or a 19 student graduating from a preparatory high school outside this 20 State on or after May, 1995, while a dependent of a parent or 21 guardian who is a legal resident of this State and has custody of the 22 dependent, and these students must also meet the requirements of 23 subsection (B). In addition, beginning with the 1998-99 school 24 year for those students who graduate from high school on or after 25 May, 1998, the student must have graduated from high school with 26 a minimum of a 3.0 cumulative grade average on a 4.0 scale, and 27 have scored 1000 or better on the Scholastic Aptitude Test (SAT) 28 or have the equivalent ACT score, 1050 or better, beginning with 29 school year 2000-2001, and 1100 or better, beginning with school 30 year 2002-2003; provided that, if the student is to attend such a 31 public or independent two-year college or university in this State, 32 including a technical college, the SAT requirement does not apply. 33 If a student chooses to attend such a public or independent 34 institution of this State and does not make the required SAT score 35 or the required high school grade point average, as applicable, the 36 student may earn a LIFE Scholarship after his freshman year if he 37 meets the grade point average and semester credit hour 38 requirements of subsection (B).” 39 40 3. Section 59-149-60 of the 1976 Code, as added by Act 418 of 41 1998, is amended to read: 42

1 [4879] 52 1 “Section 59-149-60. The student may receive a LIFE 2 Scholarship for not more than ten semesters for a five-year degree 3 program, eight semesters for a four-year degree program, or four 4 semesters for a two-year degree program. In addition, students in 5 order to be eligible for these scholarships must enroll in an eligible 6 institution within two years of graduating from high school.” 7 8 C. Title 2 of the 1976 Code is amended by adding: 9 10 “CHAPTER 75 11 12 South Carolina Research Centers of Economic Excellence 13 14 Section 2-75-05. (A) This chapter is known and may be cited as 15 the “South Carolina Research Centers of Economic Excellence 16 Act”. 17 (B) The General Assembly finds that: 18 (1) it is in the public interest to create incentives for the 19 senior research universities of South Carolina consisting of 20 Clemson University, the Medical University of South Carolina, 21 and the University of South Carolina to raise capital from the 22 private sector to fund endowments for professorships in research 23 areas targeted to create well-paying jobs and enhanced economic 24 opportunities for the people of South Carolina; 25 (2) these endowed professorships should be used to recruit 26 and maintain leading scientists and engineers at the senior research 27 universities of South Carolina for the purposes of developing and 28 leveraging the research capabilities of the universities for the 29 creation of well-paying jobs and enhanced economic opportunities 30 in knowledge-based industries for all South Carolinians; 31 (3) in communities across the United States in which better 32 paying jobs and enhanced economic development in 33 knowledge-based industries has flourished, the local or state 34 government has created incentives and made a long-term 35 commitment to public and private funding for a significant number 36 of endowments for professorships in targeted knowledge-based 37 industries; 38 (4) the South Carolina Education Lottery provides a source 39 of funding and an incentive for the senior research universities to 40 raise, in dollar-for-dollar matching amounts, sums from private 41 sources sufficient to create endowed professorships; 42 (5) these endowed professorships should be awarded to the 43 senior research universities through a competitive application

1 [4879] 53 1 process, provided that the competitive process must encourage the 2 senior research universities to submit cooperative applications with 3 one another as well as in cooperation with other institutions of 4 higher education; and 5 (6) these endowed professorships, funded equally from the 6 South Carolina Education Lottery and from other private sources, 7 provide a foundation for the creation of centers of economic 8 excellence. 9 10 Section 2-75-10. There is created the Research Centers of 11 Excellence Review Board. The board shall consist of nine 12 members. Of the nine members, three must be appointed by the 13 Governor, three must be appointed by the President Pro Tempore 14 of the Senate, and three must be appointed by the Speaker of the 15 House of Representatives. The terms of members are three years, 16 and members are eligible to be appointed for no more than two 17 additional terms. Of the members initially appointed by the 18 Governor, the President Pro Tempore, and the Speaker of the 19 House, one shall be appointed for a term of one year, one for a 20 term of two years, and one for a term of three years, the initial term 21 of each member to be designated by the Governor, President Pro 22 Tempore, and Speaker of the House when making the 23 appointments. The Governor, the President Pro Tempore, and the 24 Speaker of the House shall appoint persons with substantial 25 experience in business, law, accounting, technology, 26 manufacturing, engineering, or other professions and experience 27 which provide an understanding of the purposes of this chapter. 28 The board shall be responsible for providing annually to the 29 Commission on Higher Education a schedule by which 30 applications for funding are received and awarded on a competitive 31 basis, the awarding of matching funds as provided in Section 32 2-75-60, and for oversight and operation of the fund created by 33 Section 2-75-30. The review board must provide an annual report 34 to the Budget and Control Board, which shall include an audit 35 performed by an independent auditor. 36 37 Section 2-75-20. The presidents of the senior research 38 universities shall serve as ex officio nonvoting members of the 39 board. 40 41 Section 2-75-30. There is created the Centers of Excellence 42 Matching Endowment. The endowment must be funded annually 43 by appropriations from the South Carolina Education Lottery

1 [4879] 54 1 Account in an aggregate amount not to exceed $200,000,000 by 2 2010. The fund must be managed by the State Treasurer, subject 3 to awards from the endowment as provided in this chapter. 4 Interest earnings of the endowment must remain in the fund. 5 6 Section 2-75-40. The senior research universities, individually, 7 in conjunction with one or more other senior research universities 8 or with other South Carolina higher education institutions, may 9 make application for awards from the endowment as provided in 10 this chapter. 11 12 Section 2-75-50. An application for an award from the 13 endowment shall: 14 (1) provide to the board documentation of private matching 15 funds, on hand, in an amount equal to the amount for which 16 application is made; 17 (2) provide to the board documentation that all matching 18 funds have been committed and raised exclusively from sources 19 other than South Carolina tax dollars, and that the funds have been 20 committed and raised after January 1, 2002; 21 (3) be in an amount of not less than two million dollars and 22 not more than five million dollars; 23 (4) document that the application has significant potential to 24 provide for enhanced economic development for the citizens of 25 South Carolina in a specified knowledge-based industry or field of 26 commerce; and 27 (5) provide specific partnering activities with other 28 institutions, businesses, or the community. 29 30 Section 2-75-60. Upon a determination by the board that the 31 provisions of Section 2-75-50 have been met, the board must 32 appoint a panel of experts chosen from outside South Carolina for 33 their expertise in the respective research field to review the 34 application. The members appointed to the panel shall have no 35 affiliation with the senior research universities. The panel will 36 convene in the State to review the proposals and to conduct site 37 visits to ensure that appropriate research infrastructure exists at the 38 applying university. The panel shall make a report and 39 recommendation to the board as to the merits of the application not 40 more than ninety days after submission to the panel. The board 41 shall then make a determination as to whether or not to award the 42 matching funds and the amount of the award.

1 [4879] 55 1 Section 2-75-70. Staff and support for the operations of the 2 board and the panels must be provided by the Commission on 3 Higher Education. The Commission on Higher Education shall 4 approve all necessary funds for the prudent operation of the board, 5 including per diem, subsistence, and mileage expenses of board 6 members as provided by law for members of state boards, 7 committees, and commissions, and for the costs and expenses of 8 the panel members. The expenditures authorized by this section 9 must be provided from the fund created by Section 2-75-30 upon 10 approval by the commission. 11 12 Section 2-75-80. If any section, subsection, paragraph, 13 subparagraph, sentence, clause, phrase, or word of this chapter is 14 for any reason held to be unconstitutional or invalid, such holding 15 shall not affect the constitutionality or validity of the remaining 16 portions of this section, the General Assembly hereby declaring 17 that it would have passed this section, and each and every section, 18 subsection, paragraph, subparagraph, sentence, clause, phrase, and 19 word thereof, irrespective of the fact that any one or more other 20 sections, subsections, paragraphs, subparagraphs, sentences, 21 clauses, phrases, or words hereof may be declared to be 22 unconstitutional, invalid, or otherwise ineffective.” 23 24 D. Section 59-150-350(D) of the 1976 Code, as added by Act 59 25 of 2001, is amended to read: 26 27 “(D) At the beginning of the first fiscal year after the state 28 lottery becomes operational, the Comptroller General shall certify 29 the amount of net proceeds including investment earnings on the 30 net proceeds credited to and accrued in the Education Lottery 31 Account during the preceding fiscal year. The sum of certified net 32 proceeds and investment earnings must be designated as annual 33 lottery proceeds. Appropriations from the Education Lottery 34 Account must be allocated only for educational purposes and 35 educational programs by the General Assembly in its annual 36 general appropriations bill or any bill appropriating monies for 37 previous or current fiscal years. Funds made available from the 38 Education Lottery Account must be used to provide Palmetto 39 Fellows Scholarships to all eligible applicants, to provide LIFE 40 Scholarships for eligible resident students attending four-year 41 public institutions in those amounts provided by law; up to one 42 percent of net proceeds to the South Carolina State Library for 43 public library state aid, to be distributed to county public libraries

1 [4879] 56 1 on a per capita basis and to be used for educational technology 2 delivery, upgrade, and maintenance; to the Commission on Higher 3 Education for free tuition assistance at state technical colleges and 4 two-year public institutions; for the SC HOPE Scholarship 5 Program; to the Department of Education to be allocated to K-12 6 school technology; to the Department of Education for 7 school-based grants for pilot programs, to include programs 8 providing deregulation as requested by school districts with an 9 overall absolute or improved designation of average or better, with 10 first priority given to schools reported as average, below average, 11 or unsatisfactory in accordance with the Education Accountability 12 Act; to the Department of Education to fund homework centers, 13 and these funds must be allocated to the local school districts 14 based on a per pupil basis and may be used for salaries for certified 15 teachers and for transportation costs, provided that priority in the 16 distribution of funds must be given to schools designated as below 17 average or unsatisfactory in accordance with the Education 18 Accountability Act; to the Commission on Higher Education for 19 higher education assistance, including need-based grants, grants to 20 teachers for advanced education with priority to annual grants 21 earmarked for teachers working toward their masters’ degree or 22 advanced education in their areas of certification, or both; for the 23 National Guard Tuition Repayment Program; and funding for 24 elementary and secondary public education as determined pursuant 25 to the Education Accountability Act of 1998 and education 26 improvement legislation enacted into law after the effective date of 27 this chapter; new programs enacted by the General Assembly for 28 public institutions of higher learning, including public four-year 29 colleges and universities and their branches and two-year colleges, 30 as defined in Section 59-103-5, and state technical colleges, which 31 programs may include the creation of endowed chairs at the state’s 32 universities, with an emphasis in the areas of, but not limited to, 33 engineering, computer science, and the sciences; to the State 34 Department of Education for the purchase or repair of school 35 buses; to the South Carolina Educational Television Commission 36 for digitalization; to the Commission on Higher Education to 37 administer a construction and renovation fund for the historically 38 black colleges and universities, and to the Higher Education 39 Tuition Grants Commission to administer tuition grants. and Youth 40 Education Scholarships of up to and not to exceed one thousand 41 dollars, to be determined in the annual general appropriations bill 42 to resident parents of a four-year-old who attains the age of four 43 years by September first of the school year the scholarship is

1 [4879] 57 1 received and who attends a public or private, for profit or nonprofit 2 kindergarten, preschool, home school, or child development center 3 program provided in this State. The scholarship is payable from 4 the lottery proceeds through the Department of Education directly 5 to the school in the name of the attending child after the 6 department confirms that the program meets the following criteria 7 that include, but are not limited to, language and literacy programs 8 that help the child understand and tell stories, recognize pictures 9 and words, learn the alphabet, and understand that writing is 10 communication; math concepts that teach the child to count and 11 sort objects into groups, recognize shapes, and make comparisons 12 of size, shape, length, and weight; science concepts that teach the 13 child to explore the natural environment, observe seasonal 14 changes, communicate observations, and use tools to measure; art 15 concepts that help the child express ideas and thoughts in creative 16 ways, paint, draw, and sculpt, listen to music and sing songs, and 17 recognize colors; and physical development activities that help the 18 child move with balance and coordination, participate in indoor 19 and outdoor physical activity, and use writing tools, puzzles, 20 scissors, blocks, clay, and computers. The proportion of total 21 recurring general fund and special fund revenues of the State 22 expended for the total of public elementary, secondary, and higher 23 education allocations in any fiscal year must not be less than the 24 proportions in the fiscal year immediately before the fiscal year in 25 which education revenues are first received from a state lottery, 26 and must not be reduced or supplanted later by revenues received 27 from a state lottery.” 28 29 E. Section 59-150-360 of the 1976 Code is amended to read: 30 31 “Section 59-150-360. (A) A person who qualifies for in-state 32 tuition rates pursuant to Chapter 112, Title 59 may attend, 33 tuition-free receive tuition assistance to attend a technical college 34 of this State or a public two-year institution of higher learning. A 35 person who qualifies for in-state tuition rates pursuant to this title 36 may attend an independent two-year institution of higher learning 37 and receive lottery tuition assistance each year up to the maximum 38 in-state tuition rate’s at a two-year public institution limited to the 39 highest amount of tuition assistance received by students at public 40 two - year institutions. In order to qualify as a first time entering 41 freshman and before attempting twenty - four academic credit 42 hours, a student must: 43 (1) be a South Carolina resident for a minimum of one year;

1 [4879] 58 1 (2) be enrolled and maintain six credit hours each semester 2 in a certificate, degree, or diploma program; 3 (3) make reasonable progress toward completion of the 4 requirements for the certificate, degree, or diploma program; and 5 (4) complete a Free Application for Federal Student Aid 6 (FAFSA) application; and 7 (5) not be the recipient of a LIFE Scholarship. 8 The South Carolina State Board for Technical and 9 Comprehensive Education or the Commission on Higher 10 Education, as appropriate, may provide regulations for the 11 implementation of this section. Regulations for implementation of 12 this section are the responsibility of the South Carolina State Board 13 for Technical and Comprehensive Education, for the technical 14 college system, and the Commission on Higher Education, for the 15 two - year public and private institutions. These regulations must be 16 developed in a coordinated effort, provide for the allocation of 17 funds based on the tuition assistance granted at each institution, 18 and be interchangeable between each of the institutions affected. 19 (B) For purposes of this chapter, a ‘public or independent 20 institution’ which a student may attend to receive a scholarship as 21 provided in this chapter includes South Carolina two-year public 22 institutions, as defined in Section 59-103-5, including branch 23 campuses and two-year independent institutions, as defined in 24 Section 59-113-50. 25 (C) Institutions whose sole purpose is religious or theological 26 training, or the granting of professional degrees, do not meet the 27 definition of ‘public or independent institution’ for purposes of this 28 chapter. 29 (D) ‘Tuition Assistance’ for purposes of this section means, to 30 the extent funds are appropriated, the amount charged for 31 registering for credit hours of instruction and academic fees, less 32 all federal grants and need - based grants, and does not include other 33 fees, charges, or costs of textbooks. 34 (E) Notwithstanding subsection (D), technical colleges and 35 public two-year institutions may charge students an additional 36 amount for academic or related fees not to exceed eight dollars per 37 credit hour for academic fees without increasing the fee reduction 38 required by the Commission on Higher Education. 39 (F) Each county must maintain its level of funding for 40 technical colleges. If any county fails to maintain this level of 41 funding for its technical college, the college may add, for students 42 who reside in that county, an impact fee sufficient to offset the 43 reduction in county funds.

1 [4879] 59 1 (F) In order for a student to be eligible after attempting 2 twenty - four academic credit hours the student must have earned a 3 grade point average of 2.0 or better on a 4.0 grading scale. 4 (G) Students shall not be eligible to receive tuition assistance 5 for more than one certificate, diploma, or degree within any 6 five - year period unless the additional certificate, diploma, or 7 degree constitutes progress in the same field of study.” 8 9 F. Section 59-150-370 of the 1976 Code, as added by Act 59 of 10 2001, is amended to read: 11 12 “Section 59-150-370. (A) SC HOPE Scholarships are hereby 13 established and are provided by the State. These scholarships are 14 authorized in an amount of up to two thousand five hundred 15 dollars, plus a one hundred fifty dollar book allowance to cover the 16 cost of attendance, as defined by the Commission on Higher 17 Education by regulation, up to a maximum of two thousand dollars 18 per year, to eligible resident students attending four-year public 19 and independent institutions as defined in subsection (B) during 20 the first year of attendance only, to an eligible student attending a 21 four - year public or independent institution as defined in subsection 22 (B) who does not also qualify for a LIFE Scholarship or a Palmetto 23 Fellows Scholarship. 24 (B) For purposes of this chapter, a ‘public or independent 25 institution’ which that a student may attend to receive an SC 26 HOPE Scholarship includes the following: 27 (1) a South Carolina four-year public institution as defined 28 in Section 59-103-5 and a four-year independent institution as 29 defined in Section 59-113-50; 30 (2) a public or independent bachelor’s level institution 31 chartered before 1962 whose major campus and headquarters are 32 located within South Carolina; or an independent bachelor’s level 33 institution which is accredited by the Southern Association of 34 Colleges and Secondary Schools; or an independent bachelor’s 35 level institution which is accredited by the New England 36 Association of Colleges and Schools. Institutions whose sole 37 purpose is religious or theological training, or the granting of 38 professional degrees do not meet the definition of ‘public or 39 independent institution’ for purposes of this chapter. 40 (C) A student is eligible to receive a SC HOPE Scholarship if 41 he meets the criteria for receiving and maintaining the Legislative 42 Incentives for Future Excellence (LIFE) Scholarship except that a 43 minimum Scholastic Aptitude Test (SAT) or ACT score and

1 [4879] 60 1 requisite class rank are is not required for eligibility for the SC 2 HOPE Scholarship. These SC HOPE Scholarships must be 3 granted and awarded as provided in this section. 4 (D) These SC HOPE Scholarships in combination with all other 5 grants and scholarships must not exceed the cost of attendance at 6 the particular institutions referenced in subsection (B). 7 (E) The Commission on Higher Education must promulgate 8 regulations and establish procedures to administer the provisions 9 of this section. 10 (F) All institutions participating in the SC HOPE Scholarship 11 Program must report their enrollment and other relevant data as 12 solicited by the Commission on Higher Education which may audit 13 these institutions to ensure compliance with this provision.” 14 15 G. Section 59-104-20 of the 1976 Code, as last amended by Act 16 289 of 2000, is further amended to read: 17 18 “Section 59-104-20. (A) The Palmetto Fellows Scholarship 19 Program is established to foster scholarship among the state’s 20 post-secondary students and retain outstanding South Carolina 21 high school graduates in the State through awards based on 22 scholarship and achievement. Measures must be taken to ensure 23 equitable minority participation in this program. Recipients of 24 these scholarships are designated Palmetto Fellows. Each Palmetto 25 Fellow shall receive a scholarship in an amount designated by the 26 Commission on Higher Education not to exceed six thousand 27 seven hundred dollars. These scholarships in combination with all 28 other grants and scholarships shall not exceed the cost of 29 attendance at the institution attended. The commission shall 30 promulgate regulations and establish procedures to administer the 31 program and request annual state appropriations for the program. 32 (B) Students, either new or continuing, must not have been 33 adjudicated delinquent or been convicted or pled guilty or nolo 34 contendere to any felonies or any alcohol or drug-related offenses 35 under the laws of this or any other state or under the laws of the 36 United States in order to be eligible for a Palmetto Fellows 37 Scholarship, except that a high school or college student otherwise 38 qualified who has been adjudicated delinquent or has been 39 convicted or pled guilty or nolo contendere to an alcohol or 40 drug-related misdemeanor offense nevertheless shall be eligible or 41 continue to be eligible for such scholarships after the expiration of 42 one academic year from the date of the adjudication, conviction, or 43 plea.

1 [4879] 61 1 (C) Of the funds made available for higher education Palmetto 2 Fellows scholarships for any year, a percentage thereof must be 3 allocated for students attending South Carolina independent 4 colleges of higher learning in this State. This percentage must be 5 equivalent to the percentage of the independent colleges’ share of 6 the total South Carolina resident undergraduate full - time 7 enrollment (FTE) of all public and independent higher education 8 institutions in South Carolina based on the previous year’s data as 9 determined by the Commission on Higher Education and the South 10 Carolina Tuition Grants Commission. 11 (D) After expending funds appropriated for Palmetto Fellows 12 Scholarships from all other sources, there is automatically 13 appropriated from the general fund of the State whatever amount is 14 necessary to provide Palmetto Fellows Scholarships to all persons 15 meeting the requirements of this section.” 16 17 H. The 1976 Code is amended by adding: 18 19 “Section 59-150-75. Notwithstanding any other provision of 20 law, the South Carolina Lottery Commission may enter into a 21 multi-state agreement for the sale of instant game tickets, online 22 game tickets, and related multi-state lottery products including 23 game shows and promotional products. Procedures for ticket sales 24 and validation, prize redemption, and other details of the 25 commission’s participation in the multi-state lottery games must be 26 governed by the terms of the agreement entered into by the 27 commission. For purposes of this provision, the lottery games that 28 may be subject to a multi-state participation agreement by the 29 commission are those defined at Section 59-150-20(7). Further, 30 the multi-state tickets and products may be sold only through a 31 licensed lottery retailer, pursuant to Section 59-150-150, or 32 through the commission.” 33 34 I. The 1976 Code is amended by adding: 35 36 “Section 59-1-525. The State Department of Education shall 37 implement a school-wide grant program to enhance the teaching of 38 the grade specific standards adopted by the State Board of 39 Education and to increase the academic performance of students in 40 grades K-5 in the core academic areas of reading, mathematics, 41 social studies, and science. The grant shall include an evaluation 42 component to measure the success of increasing student 43 performance and the teaching of the standards. Of the reading,

1 [4879] 62 1 mathematics, social studies, and science appropriation for this 2 purpose from lottery proceeds each year, $500,000 must be used 3 for teacher in-service training and professional development 4 related to Project Read. 5 The awarding of grants shall be based upon their ability to 6 promote the goals of providing every student with the 7 competencies to: 8 (1) read, view, and listen to complex information in the 9 English language; 10 (2) write and speak effectively in the English language; 11 (3) solve problems by applying mathematics; 12 (4) conduct research and communicate findings; 13 (5) understand and apply scientific concepts; 14 (6) obtain a working knowledge of world, United States, and 15 South Carolina history, government, economics, and geography; 16 and 17 (7) use information to make decisions. 18 Additionally, grants shall be awarded based upon the likelihood 19 that receiving such grants shall strengthen the above referenced 20 skills and increase the academic performance of students in the 21 core academic areas. In the awarding of grants every effort should 22 be made to insure that all geographic areas of the state are 23 represented. First priority shall be given to acceptable grants from 24 schools rated as below average or unsatisfactory and grants 25 designed to increase academic performance of historically 26 underachieving students. 27 Grant applications received by the State Department of 28 Education shall be reviewed by a panel of individuals with 29 knowledge and expertise of the subject area and of programs that 30 have proven to be successful within the state or throughout the 31 nation.” 32 33 SECTION 4. Twenty-eight million five hundred thousand 34 dollars earlier transferred from the Extended Care Maintenance 35 Fund to colleges and universities, which money is currently in a 36 secure revenue account, is hereby appropriated to be used by the 37 Comptroller General to the benefit of the General Fund in fiscal 38 year 2001-2002. This section takes effect on or before June 30, 39 2002. 40 41 SECTION 5. If any section, subsection, paragraph, subparagraph, 42 sentence, clause, phrase, or word of this act is for any reason held 43 to be unconstitutional or invalid, such holding does not affect the

1 [4879] 63 1 constitutionality or validity of the remaining portions of this act, 2 the General Assembly hereby declaring that it would have passed 3 this chapter, and each and every section, subsection, paragraph, 4 subparagraph, sentence, clause, phrase, and word thereof, 5 irrespective of the fact that any one or more other sections, 6 subsections, paragraphs, subparagraphs, sentences, clauses, 7 phrases, or words hereof may be declared to be unconstitutional, 8 invalid, or otherwise ineffective. 9 10 SECTION 6. Notwithstanding any other provision of law, upon a 11 determination by the Comptroller General that, at the close of a 12 fiscal year, funds will be needed to balance the Budgetary General 13 Fund after the use of the General Reserve Fund as provided in 14 Section 11-11-310(B) of the 1976 Code as amended, the Budget 15 and Control Board is authorized to borrow the amount needed to 16 balance the Budgetary General Fund by borrowing from any 17 department of state government any surplus which may be on hand 18 in the office of the State Treasurer to the credit of any such 19 department. Upon approval by the board of a repayment schedule, 20 the State Treasurer is authorized to transfer to the board from the 21 general fund the amount necessary to repay the loan with interest 22 no later than June 30 of the following fiscal year. This provision 23 takes effect upon signature of the Governor. 24 25 SECTION 7. For fiscal year 2002-2003 only, the Continuum of 26 Care is transferred from the Governor’s Office - Office of 27 Executive Policy and Programs to the Department of Social 28 Services to maintain program services in fiscal year 2002-2003 at a 29 service level no less than the level of such services provided in 30 2001-2002. During fiscal year 2002-2003, the Department of 31 Social Services may not eliminate a position held by an employee 32 of the Continuum of Care at the time of the transfer, nor terminate 33 an employee unless in accordance with agency discipline or 34 performance policies. Notwithstanding the date of ratification of 35 this act and the general appropriations act for fiscal year 2002- 36 2003, with respect to requirements of this section, this section is 37 deemed the later enactment. 38 39 Section 8 (A) For Fiscal Year 2002-2003 only, the South 40 Carolina Department of Education is directed to fully implement 41 the Student Information System (SASI) to support the annual 42 school and district report card and implementation of the statewide 43 assessment program to include the Palmetto Achievement

1 [4879] 64 1 Challenge Test (PACT) in English/language arts, science, 2 mathematics, social studies, and the revised exit exam and the end 3 of course assessments for high school credit courses. The 4 Department is directed to use the following funds for Fiscal Year 5 2002-2003 in the order listed to fulfill this directive. Each 6 authorized source of funding shall be fully exhausted prior to 7 utilization of the next source. First, exhaust federal funds allocated 8 to South Carolina for state assessments and enhanced assessment 9 instruments to help states create standards for what a child should 10 know and learn and any available funds from the general fund 11 appropriation for Assessment. Second, from funds that the 12 Department is unable to utilize due to inability to recruit sufficient 13 teachers for fiscal year 2002-2003, the Department is authorized to 14 reduce general fund appropriations in the Department of Education 15 XV. Special Items, Principals and Teachers on Site by up to 16 $2,000,000. Third, the Department is directed to reduce or 17 eliminate $1,000,000 from Education Improvement Act and 18 General Funds Other Operating Expenses allocated for dues, 19 travel, and vendor meals. If funds are still required for the stated 20 purpose after each of the above actions are taken, the Department 21 is directed to reduce personal service from Education Improvement 22 Act and General Funds by $1,000,000 and related fringe by 23 $250,000. In utilizing the funding sources above, the Department 24 must ensure there is no impact to the appropriations to any school 25 district. 26 (B) For Fiscal Year 2002-2003 only, the South Carolina 27 Department of Education is directed to redistribute $1,000,000 of 28 the General Fund Adult Education reduction either to a line or 29 lines within the General Fund which will have the least impact to 30 direct instructional support to the classroom or a line or lines with 31 available appropriation in excess of allocations. 32 (C) Notwithstanding the provisions of paragraph 1.76, Part IB 33 of the General Appropriations Act of 2002-2003, the date or order 34 of ratification of the General Appropriations Act of 2002-2003, 35 and this act, the provisions of this section related to the use of 36 Education Accountability Act funds are deemed to be the latest 37 enactment. 38 39 SECTION 9. The Budget and Control Board shall provide 40 transition services to constitutional officers who are elected during 41 Fiscal Year 2002-03. These transition services may include, but 42 are not limited to, office space, communication services and 43 administrative support until the constitutional officer assumes

1 [4879] 65 1 office. These services shall not be available to incumbent 2 constitutional officers re-elected during fiscal year 2002-2003. All 3 support provided shall be at the discretion of the executive director 4 of the Budget and Control Board. 5 6 SECTION 10. Section 8-11-620 of the 1976 Code is amended to 7 read: 8 9 “Section 8-11-620. (A) Upon termination from state 10 employment, an employee may take both annual leave and a 11 lump-sum payment for unused leave, but in no event shall such 12 combination exceed forty-five days in a calendar year except as 13 provided for in Section 8-11-610. If an employee dies, his legal 14 representative shall be entitled to a lump-sum payment for his 15 unused leave, not to exceed forty-five working days, except as 16 provided for in Section 8-11-610. Upon retirement from state 17 employment or upon the death of an employee, a lump-sum 18 payment will be made for unused leave, not to exceed forty-five 19 days, unless a higher maximum is approved under the provisions 20 of Section 8-11-610, and without regard to the earned leave taken 21 during the calendar year in which the employee retires. 22 (B) A retired member of the South Carolina Police Officers 23 Retirement System who is hired by the State, a state agency, 24 institution of higher learning, board, commission, or school that is 25 a governmental unit of this State is not eligible for a lump - sum 26 payment for unused leave provided pursuant to subsection (A) of 27 this section.” 28 29 SECTION 11. Section 8-17-370 of the 1976 Code, as last 30 amended by Act 264 of 2000, is further amended by adding an 31 appropriately numbered subsection at the end: 32 33 “( ) a retired member of the South Carolina Police Officers 34 Retirement System who is hired by an agency to fill all or some 35 fraction of a full-time equivalent (FTE) position covered by the 36 State Employee Grievance Procedure Act.” 37 38 SECTION 12. Section 9-11-90(4)(a) of the 1976 Code, as last 39 amended by Act 25 of 2001, is further amended to read: 40 41 “(a) Notwithstanding the provisions of subsections (1) and (2) 42 of this section, a retired member of the system who has been 43 retired for at least fifteen consecutive calendar days may be hired

1 [4879] 66 1 and return to employment covered by the this system or any 2 system provided in this title who has been retired for at least sixty 3 days and earn up to fifty thousand dollars a fiscal year without 4 affecting the monthly retirement allowance he is receiving from 5 the this system. If the retired member continues in service after 6 having earned fifty thousand dollars in a fiscal year, his retirement 7 allowance must be discontinued during the period of service in the 8 remainder of the fiscal year. If the employment continues for at 9 least forty-eight consecutive months, the provisions of Section 10 9-11-90(3) apply. If a retired member of the system returns to 11 employment covered by the system South Carolina Police Officers 12 Retirement System or any other system provided in this title 13 sooner than sixty fifteen consecutive calendar days after 14 retirement, the member’s retirement allowance is suspended while 15 the member remains employed by the a participating employer of 16 any of these systems. If an employer fails to notify the system of 17 the engagement of a retired member to perform services, the 18 employer shall reimburse the system for all benefits wrongly paid 19 to the retired member.” 20 21 SECTION 13. For fiscal year 2002-2003 only, from nonrecurring 22 revenue identified in the General Appropriations Act for 2002- 23 2003, seven million dollars must be appropriated to South Carolina 24 First Steps to School Readiness. 25 26 SECTION 14. After all transfers are made from subfund 4693, 27 Atomic Waste Barnwell Fund - Chem Nuclear, pursuant to the 28 2002-2003 General Appropriations Act, the Treasurer shall 29 transfer $596,616 from this fund to subfund 43A8, Barnwell 30 Economic Development Fund. 31 32 SECTION 15. Notwithstanding any other provision of law the 33 Charleston Naval Complex Redevelopment Authority (RDA), 34 upon receiving ownership from the United States of America, shall 35 convey certain parcels of real property to the City of North 36 Charleston as per the mutual agreement described hereafter. These 37 parcels shall be delineated through a mutual agreement between 38 the City of North Charleston and the South Carolina State Ports 39 Authority that takes into account the respective needs of each 40 entity in the property south of Necessary Street. All conveyances 41 shall be at no consideration once the City of North Charleston and 42 the South Carolina State Ports Authority have entered into a 43 memorandum of understanding and agreement for the operation of

1 [4879] 67 1 breakbulk, roll on roll off, and container terminals and dock 2 operations on appropriate properties that are subject to the 3 oversight or control of the Charleston Naval Complex 4 Redevelopment Authority. The City of North Charleston shall 5 honor all existing leases as negotiated by the Charleston Naval 6 Complex Redevelopment Authority prior to the effective date of 7 this section. Furthermore, all properties conveyed shall retain any 8 Tax Increment Finance District status, any state or federal grants 9 applied to the area, and any state revenues currently directed to the 10 Charleston Redevelopment Authority on a per acre basis for the 11 relative properties conveyed to the City of North Charleston. In 12 addition, any revenues received from the State under the Rural 13 Development Act relating to the number of federal employees at 14 the naval complex shall be shared pursuant to the location of the 15 jobs on the complex. 16 17 SECTION 16. Section 2.(C) of an Act of 2002 bearing the 18 ratification number R317 is amended to read: 19 20 “(C) The State Budget and Control Board shall take appropriate 21 steps to provide indemnification to the State Ports Authority board 22 members from any personal liability related to their service on the 23 board in regard to funding provided to the South Carolina 24 Transportation Infrastructure Bank for the Cooper River Bridge.” 25 26 SECTION 17. This act takes effect July 1, 2002. 27 ----XX----

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