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1 PAGE 98 2 1 PART IB 2 3 OPERATION OF STATE GOVERNMENT 4 5SECTION 1 - H63 - DEPARTMENT OF EDUCATION 6 7 1.1. (SDE: Appropriation Transfer Prohibition) The amounts appropriated herein for aid to subdivisions, allocations to school 8districts, or special line items shall not be transferred and must be expended in accordance with the intent of the appropriation , 9except that the department may transfer funds that are deducted and retained from a school district’s transportation allocation to 10reimburse the department for the cost of unauthorized mileage. This transfer must be agreed upon by both the school district and 11the department. Those funds may be transferred into the department’s school bus transportation operating account. 12 1.2. (SDE: DHEC - Comprehensive Health Assessment) All school districts shall participate, to the fullest extent possible, in 13the Medicaid program by seeking appropriate reimbursement for services and administration of health and social services. 14Reimbursements to the school districts shall not be used to supplant funds currently being spent on health and social services. 15 1.3. (SDE: EFA Formula/Base Student Cost Inflation Factor) To the extent possible within available funds, it is the intent of the 16General Assembly to provide for 100 percent of full implementation of the Education Finance Act to include an inflation factor 17projected by the Division of Budget and Analyses to match inflation wages of public school employees in the Southeast. The base 18student cost for the current fiscal year has been determined to be $2,367 $2,476. In Fiscal Year 2006-07 2007-08, the total pupil 19count is projected to be 677,092 683,601. The average per pupil funding is projected to be $4,357 $4,571 state, $1,086 $1,066 20federal, and $5,333 $4,929 local. This is an average total funding level of $10,776 $10,566 excluding revenues of local bond 21issues. 22 In Fiscal Year 2007-08, the Abbeville School District total pupil count is projected to be 3,503. The per pupil funding is 23projected to be $5,666 state, $1,080 federal, and $2,970 local. This is a total projected funding level of $9,716 excluding revenues 24of local bond issues. 25 In Fiscal Year 2007-08, the Aiken School District total pupil count is projected to be 24,460. The per pupil funding is projected 26to be $4,437 state, $985 federal, and $3,116 local. This is a total projected funding level of $8,538 excluding revenues of local 27bond issues. 28 In Fiscal Year 2007-08, the Allendale School District total pupil count is projected to be 1,578. The per pupil funding is 29projected to be $10,359 state, $1,902 federal, and $4,275 local. This is a total projected funding level of $16,536 excluding 30revenues of local bond issues. 31 In Fiscal Year 2007-08, the Anderson School District 1 total pupil count is projected to be 8,742. The per pupil funding is 32projected to be $4,117 state, $641 federal, and $3,685 local. This is a total projected funding level of $8,443 excluding revenues 33of local bond issues. 34 In Fiscal Year 2007-08, the Anderson School District 2 total pupil count is projected to be 3,671. The per pupil funding is 35projected to be $4,914 state, $1,327 federal, and $4,250 local. This is a total projected funding level of $10,491 excluding 36revenues of local bond issues. 1 PAGE 99 2 1 In Fiscal Year 2007-08, the Anderson School District 3 total pupil count is projected to be 2,572. The per pupil funding is 2projected to be $4,927 state, $974 federal, and $3,170 local. This is a total projected funding level of $9,071 excluding revenues 3of local bond issues. 4 In Fiscal Year 2007-08, the Anderson School District 4 total pupil count is projected to be 2,786. The per pupil funding is 5projected to be $4,285 state, $962 federal, and $6,661 local. This is a total projected funding level of $11,909 excluding revenues 6of local bond issues. 7 In Fiscal Year 2007-08, the Anderson School District 5 total pupil count is projected to be 11,942. The per pupil funding is 8projected to be $4,509 state, $999 federal, and $4,497 local. This is a total projected funding level of $9,716 excluding revenues 9of local bond issues. 10 In Fiscal Year 2007-08, the Bamberg School District 1 total pupil count is projected to be 1,593. The per pupil funding is 11projected to be $5,266 state, $1,650 federal, and $2,663 local. This is a total projected funding level of $9,579 excluding revenues 12of local bond issues. 13 In Fiscal Year 2007-08, the Bamberg School District 2 total pupil count is projected to be 905. The per pupil funding is 14projected to be $7,849 state, $2,959 federal, and $4,889 local. This is a total projected funding level of $15,697 excluding 15revenues of local bond issues. 16 In Fiscal Year 2007-08, the Barnwell School District 19 total pupil count is projected to be 856. The per pupil funding is 17projected to be $6,007 state, $1,986 federal, and $3,346 local. This is a total projected funding level of $11,339 excluding 18revenues of local bond issues. 19 In Fiscal Year 2007-08, the Barnwell School District 29 total pupil count is projected to be 961. The per pupil funding is 20projected to be $5,320 state, $1,456 federal, and $2,838 local. This is a total projected funding level of $9,614 excluding revenues 21of local bond issues. 22 In Fiscal Year 2007-08, the Barnwell School District 45 total pupil count is projected to be 2,571. The per pupil funding is 23projected to be $5,500 state, $1,081 federal, and $2,111 local. This is a total projected funding level of $8,692 excluding revenues 24of local bond issues. 25 In Fiscal Year 2007-08, the Beaufort School District total pupil count is projected to be 18,522. The per pupil funding is 26projected to be $2,656 state, $1,167 federal, and $9,188 local. This is a total projected funding level of $13,011 excluding 27revenues of local bond issues. 28 In Fiscal Year 2007-08, the Berkeley School District total pupil count is projected to be 27,481. The per pupil funding is 29projected to be $4,388 state, $1,067 federal, and $4,975 local. This is a total projected funding level of $10,430 excluding 30revenues of local bond issues. 31 In Fiscal Year 2007-08, the Calhoun School District total pupil count is projected to be 1,667. The per pupil funding is 32projected to be $5,871 state, $1,693 federal, and $5,451 local. This is a total projected funding level of $13,015 excluding 33revenues of local bond issues. 34 In Fiscal Year 2007-08, the Charleston School District total pupil count is projected to be 41,013. The per pupil funding is 35projected to be $3,549 state, $1,456 federal, and $9,660 local. This is a total projected funding level of $14,665 excluding 36revenues of local bond issues. 1 PAGE 100 2 1 In Fiscal Year 2007-08, the Cherokee School District total pupil count is projected to be 8,956. The per pupil funding is 2projected to be $4,663 state, $982 federal, and $4,292 local. This is a total projected funding level of $9,938 excluding revenues 3of local bond issues. 4 In Fiscal Year 2007-08, the Chester School District total pupil count is projected to be 5,812. The per pupil funding is projected 5to be $5,123 state, $1,134 federal, and $3,858 local. This is a total projected funding level of $10,115 excluding revenues of local 6bond issues. 7 In Fiscal Year 2007-08, the Chesterfield School District total pupil count is projected to be 7,860. The per pupil funding is 8projected to be $4,837 state, $1,101 federal, and $2,912 local. This is a total projected funding level of $8,849 excluding revenues 9of local bond issues. 10 In Fiscal Year 2007-08, the Clarendon School District 1 total pupil count is projected to be 965. The per pupil funding is 11projected to be $7,146 state, $2,829 federal, and $3,658 local. This is a total projected funding level of $13,633 excluding 12revenues of local bond issues. 13 In Fiscal Year 2007-08, the Clarendon School District 2 total pupil count is projected to be 3,160. The per pupil funding is 14projected to be $4,744 state, $1,670 federal, and $2,616 local. This is a total projected funding level of $9,030 excluding revenues 15of local bond issues. 16 In Fiscal Year 2007-08, the Clarendon School District 3 total pupil count is projected to be 1,261. The per pupil funding is 17projected to be $4,924 state, $1,116 federal, and $2,548 local. This is a total projected funding level of $8,588 excluding revenues 18of local bond issues. 19 In Fiscal Year 2007-08, the Colleton School District total pupil count is projected to be 6,211. The per pupil funding is 20projected to be $4,542 state, $1,586 federal, and $2,492 local. This is a total projected funding level of $8,620 excluding revenues 21of local bond issues. 22 In Fiscal Year 2007-08, the Darlington School District total pupil count is projected to be 11,060. The per pupil funding is 23projected to be $5,014 state, $1,289 federal, and $4,010 local. This is a total projected funding level of $10,313 excluding 24revenues of local bond issues. 25 In Fiscal Year 2007-08, the Dillon School District 1 total pupil count is projected to be 812. The per pupil funding is projected 26to be $5,214 state, $3,090 federal, and $1,649 local. This is a total projected funding level of $9,952 excluding revenues of local 27bond issues. 28 In Fiscal Year 2007-08, the Dillon School District 2 total pupil count is projected to be 3,477. The per pupil funding is 29projected to be $4,772 state, $1,575 federal, and $1,543 local. This is a total projected funding level of $7,889 excluding revenues 30of local bond issues. 31 In Fiscal Year 2007-08, the Dillon School District 3 total pupil count is projected to be 1,551. The per pupil funding is 32projected to be $4,482 state, $1,286 federal, and $1,788 local. This is a total projected funding level of $7,556 excluding revenues 33of local bond issues. 34 In Fiscal Year 2007-08, the Dorchester School District 2 total pupil count is projected to be 19,868. The per pupil funding is 35projected to be $4,331 state, $581 federal, and $3,515 local. This is a total projected funding level of $8,427 excluding revenues 36of local bond issues. 1 PAGE 101 2 1 In Fiscal Year 2007-08, the Dorchester School District 4 total pupil count is projected to be 2,187. The per pupil funding is 2projected to be $5,801 state, $1,504 federal, and $6,440 local. This is a total projected funding level of $13,744 excluding 3revenues of local bond issues. 4 In Fiscal Year 2007-08, the Edgefield School District total pupil count is projected to be 4,002. The per pupil funding is 5projected to be $4,960 state, $1,018 federal, and $3,167 local. This is a total projected funding level of $9,144 excluding revenues 6of local bond issues. 7 In Fiscal Year 2007-08, the Fairfield School District total pupil count is projected to be 3,283. The per pupil funding is 8projected to be $6,310 state, $1,482 federal, and $6,562 local. This is a total projected funding level of $14,354 excluding 9revenues of local bond issues. 10 In Fiscal Year 2007-08, the Florence School District 1 total pupil count is projected to be 15,023. The per pupil funding is 11projected to be $4,201 state, $995 federal, and $4,163 local. This is a total projected funding level of $9,360 excluding revenues 12of local bond issues. 13 In Fiscal Year 2007-08, the Florence School District 2 total pupil count is projected to be 1,179. The per pupil funding is 14projected to be $4,934 state, $1,368 federal, and $2,656 local. This is a total projected funding level of $8,959 excluding revenues 15of local bond issues. 16 In Fiscal Year 2007-08, the Florence School District 3 total pupil count is projected to be 3,637. The per pupil funding is 17projected to be $5,213 state, $2,189 federal, and $2,405 local. This is a total projected funding level of $9,807 excluding revenues 18of local bond issues. 19 In Fiscal Year 2007-08, the Florence School District 4 total pupil count is projected to be 992. The per pupil funding is 20projected to be $7,085 state, $1,591 federal, and $3,210 local. This is a total projected funding level of $11,886 excluding 21revenues of local bond issues. 22 In Fiscal Year 2007-08, the Florence School District 5 total pupil count is projected to be 1,432. The per pupil funding is 23projected to be $5,509 state, $1,114 federal, and $4,366 local. This is a total projected funding level of $10,989 excluding 24revenues of local bond issues. 25 In Fiscal Year 2007-08, the Georgetown School District total pupil count is projected to be 9,867. The per pupil funding is 26projected to be $4,064 state, $1,253 federal, and $5,124 local. This is a total projected funding level of $10,441 excluding 27revenues of local bond issues. 28 In Fiscal Year 2007-08, the Greenville School District total pupil count is projected to be 66,539. The per pupil funding is 29projected to be $4,198 state, $927 federal, and $5,832 local. This is a total projected funding level of $10,957 excluding revenues 30of local bond issues. 31 In Fiscal Year 2007-08, the Greenwood School District 50 total pupil count is projected to be 9,150. The per pupil funding is 32projected to be $4,596 state, $966 federal, and $4,559 local. This is a total projected funding level of $10,121 excluding revenues 33of local bond issues. 34 In Fiscal Year 2007-08, the Greenwood School District 51 total pupil count is projected to be 1,109. The per pupil funding is 35projected to be $5,610 state, $1,038 federal, and $3,531 local. This is a total projected funding level of $10,179 excluding 36revenues of local bond issues. 1 PAGE 102 2 1 In Fiscal Year 2007-08, the Greenwood School District 52 total pupil count is projected to be 1,635. The per pupil funding is 2projected to be $3,017 state, $624 federal, and $5,826 local. This is a total projected funding level of $9,466 excluding revenues 3of local bond issues. 4 In Fiscal Year 2007-08, the Hampton School District 1 total pupil count is projected to be 2,642. The per pupil funding is 5projected to be $5,209 state, $1,328 federal, and $2,796 local. This is a total projected funding level of $9,332 excluding revenues 6of local bond issues. 7 In Fiscal Year 2007-08, the Hampton School District 2 total pupil count is projected to be 1,275. The per pupil funding is 8projected to be $6,623 state, $2,169 federal, and $3,052 local. This is a total projected funding level of $11,844 excluding 9revenues of local bond issues. 10 In Fiscal Year 2007-08, the Horry School District total pupil count is projected to be 34,966. The per pupil funding is projected 11to be $3,655 state, $844 federal, and $5,480 local. This is a total projected funding level of $9,979 excluding revenues of local 12bond issues. 13 In Fiscal Year 2007-08, the Jasper School District total pupil count is projected to be 3,027. The per pupil funding is projected 14to be $5,178 state, $1,895 federal, and $3,706 local. This is a total projected funding level of $10,780 excluding revenues of local 15bond issues. 16 In Fiscal Year 2007-08, the Kershaw School District total pupil count is projected to be 10,235. The per pupil funding is 17projected to be $5,063 state, $891 federal, and $3,074 local. This is a total projected funding level of $9,028 excluding revenues 18of local bond issues. 19 In Fiscal Year 2007-08, the Lancaster School District total pupil count is projected to be 11,217. The per pupil funding is 20projected to be $4,572 state, $1,121 federal, and $3,351 local. This is a total projected funding level of $9,044 excluding revenues 21of local bond issues. 22 In Fiscal Year 2007-08, the Laurens School District 55 total pupil count is projected to be 5,665. The per pupil funding is 23projected to be $5,017 state, $1,170 federal, and $3,250 local. This is a total projected funding level of $9,436 excluding revenues 24of local bond issues. 25 In Fiscal Year 2007-08, the Laurens School District 56 total pupil count is projected to be 3,142. The per pupil funding is 26projected to be $5,316 state, $1,463 federal, and $2,833 local. This is a total projected funding level of $9,611 excluding revenues 27of local bond issues. 28 In Fiscal Year 2007-08, the Lee School District total pupil count is projected to be 2,569. The per pupil funding is projected to 29be $5,997 state, $2,075 federal, and $118 local. This is a total projected funding level of $8,191 excluding revenues of local bond 30issues. 31 In Fiscal Year 2007-08, the Lexington School District 1 total pupil count is projected to be 19,791. The per pupil funding is 32projected to be $5,084 state, $638 federal, and $4,935 local. This is a total projected funding level of $10,657 excluding revenues 33of local bond issues. 34 In Fiscal Year 2007-08, the Lexington School District 2 total pupil count is projected to be 8,704. The per pupil funding is 35projected to be $5,108 state, $587 federal, and $3,472 local. This is a total projected funding level of $9,167 excluding revenues 36of local bond issues. 1 PAGE 103 2 1 In Fiscal Year 2007-08, the Lexington School District 3 total pupil count is projected to be 2,080. The per pupil funding is 2projected to be $5,517 state, $1,271 federal, and $4,738 local. This is a total projected funding level of $11,526 excluding 3revenues of local bond issues. 4 In Fiscal Year 2007-08, the Lexington School District 4 total pupil count is projected to be 3,449. The per pupil funding is 5projected to be $5,456 state, $1,281 federal, and $3,224 local. This is a total projected funding level of $9,960 excluding revenues 6of local bond issues. 7 In Fiscal Year 2007-08, the Lexington School District 5 total pupil count is projected to be 16,628. The per pupil funding is 8projected to be $5,083 state, $822 federal, and $5,125 local. This is a total projected funding level of $11,031 excluding revenues 9of local bond issues. 10 In Fiscal Year 2007-08, the Marion School District 1 total pupil count is projected to be 2,919. The per pupil funding is 11projected to be $4,984 state, $2,521 federal, and $2,206 local. This is a total projected funding level of $9,711 excluding revenues 12of local bond issues. 13 In Fiscal Year 2007-08, the Marion School District 2 total pupil count is projected to be 1,967. The per pupil funding is 14projected to be $4,860 state, $1,725 federal, and $2,051 local. This is a total projected funding level of $8,636 excluding revenues 15of local bond issues. 16 In Fiscal Year 2007-08, the Marion School District 7 total pupil count is projected to be 800. The per pupil funding is projected 17to be $7,340 state, $3,939 federal, and $2,403 local. This is a total projected funding level of $13,682 excluding revenues of local 18bond issues. 19 In Fiscal Year 2007-08, the Marlboro School District total pupil count is projected to be 4,693. The per pupil funding is 20projected to be $5,254 state, $1,601 federal, and $2,736 local. This is a total projected funding level of $9,591 excluding revenues 21of local bond issues. 22 In Fiscal Year 2007-08, the McCormick School District total pupil count is projected to be 893. The per pupil funding is 23projected to be $5,137 state, $2,306 federal, and $7,021 local. This is a total projected funding level of $14,464 excluding 24revenues of local bond issues. 25 In Fiscal Year 2007-08, the Newberry School District total pupil count is projected to be 5,777. The per pupil funding is 26projected to be $5,165 state, $1,201 federal, and $4,134 local. This is a total projected funding level of $10,499 excluding 27revenues of local bond issues. 28 In Fiscal Year 2007-08, the Oconee School District total pupil count is projected to be 10,437. The per pupil funding is 29projected to be $4,454 state, $950 federal, and $5,749 local. This is a total projected funding level of $11,154 excluding revenues 30of local bond issues. 31 In Fiscal Year 2007-08, the Orangeburg School District 3 total pupil count is projected to be 3,182. The per pupil funding is 32projected to be $5,495 state, $1,613 federal, and $5,275 local. This is a total projected funding level of $12,382 excluding 33revenues of local bond issues. 34 In Fiscal Year 2007-08, the Orangeburg School District 4 total pupil count is projected to be 4,079. The per pupil funding is 35projected to be $4,730 state, $1,144 federal, and $4,630 local. This is a total projected funding level of $10,504 excluding 36revenues of local bond issues. 1 PAGE 104 2 1 In Fiscal Year 2007-08, the Orangeburg School District 5 total pupil count is projected to be 6,775. The per pupil funding is 2projected to be $5,976 state, $1,418 federal, and $4,945 local. This is a total projected funding level of $12,339 excluding 3revenues of local bond issues. 4 In Fiscal Year 2007-08, the Pickens School District total pupil count is projected to be 16,225. The per pupil funding is 5projected to be $4,530 state, $779 federal, and $3,076 local. This is a total projected funding level of $8,384 excluding revenues 6of local bond issues. 7 In Fiscal Year 2007-08, the Richland School District 1 total pupil count is projected to be 23,839. The per pupil funding is 8projected to be $5,290 state, $1,388 federal, and $8,322 local. This is a total projected funding level of $15,001 excluding 9revenues of local bond issues. 10 In Fiscal Year 2007-08, the Richland School District 2 total pupil count is projected to be 22,055. The per pupil funding is 11projected to be $4,483 state, $677 federal, and $5,349 local. This is a total projected funding level of $10,509 excluding revenues 12of local bond issues. 13 In Fiscal Year 2007-08, the Saluda School District total pupil count is projected to be 2,137. The per pupil funding is projected 14to be $4,914 state, $1,169 federal, and $3,415 local. This is a total projected funding level of $9,498 excluding revenues of local 15bond issues. 16 In Fiscal Year 2007-08, the Spartanburg School District 1 total pupil count is projected to be 4,767. The per pupil funding is 17projected to be $4,834 state, $747 federal, and $3,825 local. This is a total projected funding level of $9,405 excluding revenues 18of local bond issues. 19 In Fiscal Year 2007-08, the Spartanburg School District 2 total pupil count is projected to be 9,274. The per pupil funding is 20projected to be $4,351 state, $587 federal, and $2,903 local. This is a total projected funding level of $7,840 excluding revenues 21of local bond issues. 22 In Fiscal Year 2007-08, the Spartanburg School District 3 total pupil count is projected to be 3,016. The per pupil funding is 23projected to be $4,767 state, $961 federal, and $4,740 local. This is a total projected funding level of $10,468 excluding revenues 24of local bond issues. 25 In Fiscal Year 2007-08, the Spartanburg School District 4 total pupil count is projected to be 2,878. The per pupil funding is 26projected to be $4,636 state, $708 federal, and $3,113 local. This is a total projected funding level of $8,457 excluding revenues 27of local bond issues. 28 In Fiscal Year 2007-08, the Spartanburg School District 5 total pupil count is projected to be 6,841. The per pupil funding is 29projected to be $4,196 state, $793 federal, and $5,482 local. This is a total projected funding level of $10,471 excluding revenues 30of local bond issues. 31 In Fiscal Year 2007-08, the Spartanburg School District 6 total pupil count is projected to be 9,734. The per pupil funding is 32projected to be $4,409 state, $716 federal, and $4,239 local. This is a total projected funding level of $9,364 excluding revenues 33of local bond issues. 34 In Fiscal Year 2007-08, the Spartanburg School District 7 total pupil count is projected to be 7,454. The per pupil funding is 35projected to be $6,418 state, $1,431 federal, and $6,048 local. This is a total projected funding level of $13,896 excluding 36revenues of local bond issues. 1 PAGE 105 2 1 In Fiscal Year 2007-08, the Sumter School District 2 total pupil count is projected to be 8,727. The per pupil funding is 2projected to be $4,721 state, $1,421 federal, and $2,727 local. This is a total projected funding level of $8,870 excluding revenues 3of local bond issues. 4 In Fiscal Year 2007-08, the Sumter School District 17 total pupil count is projected to be 8,667. The per pupil funding is 5projected to be $4,737 state, $1,383 federal, and $2,737 local. This is a total projected funding level of $8,858 excluding revenues 6of local bond issues. 7 In Fiscal Year 2007-08, the Union School District total pupil count is projected to be 4,644. The per pupil funding is projected 8to be $5,494 state, $1,285 federal, and $2,258 local. This is a total projected funding level of $9,037 excluding revenues of local 9bond issues. 10 In Fiscal Year 2007-08, the Williamsburg School District total pupil count is projected to be 5,373. The per pupil funding is 11projected to be $5,046 state, $1,751 federal, and $2,121 local. This is a total projected funding level of $8,918 excluding revenues 12of local bond issues. 13 In Fiscal Year 2007-08, the York School District 1 total pupil count is projected to be 4,984. The per pupil funding is projected 14to be $5,012 state, $926 federal, and $3,541 local. This is a total projected funding level of $9,479 excluding revenues of local 15bond issues. 16 In Fiscal Year 2007-08, the York School District 2 total pupil count is projected to be 5,691. The per pupil funding is projected 17to be $3,699 state, $537 federal, and $7,824 local. This is a total projected funding level of $12,060 excluding revenues of local 18bond issues. 19 In Fiscal Year 2007-08, the York School District 3 total pupil count is projected to be 16,724. The per pupil funding is 20projected to be $4,941 state, $761 federal, and $4,465 local. This is a total projected funding level of $10,167 excluding revenues 21of local bond issues. 22 In Fiscal Year 2007-08, the York School District 4 total pupil count is projected to be 7,804. The per pupil funding is projected 23to be $4,309 state, $445 federal, and $6,447 local. This is a total projected funding level of $11,201 excluding revenues of local 24bond issues. 25 Any unallocated Education Finance Act funds at the end of the current fiscal year must be allocated to the school districts for 26school building aid on a nonmatching basis on the same basis that districts receive Education Finance Act allocations and/or for 27Summer School. 28 1.4. (SDE: EFA - Formula) The amount appropriated in Part IA, Section 1 for “Education Finance Act” shall be the maximum 29paid under the provisions of Act 163 of 1977 (the South Carolina Education Finance Act of 1977) to the aggregate of all recipients. 30The South Carolina Education Department shall develop formulas to determine the state and required local funding as stipulated in 31the South Carolina Education Finance Act of 1977. Such formulas shall require the approval of the State Board of Education and 32the Budget and Control Board. After computing the EFA allocations for all districts, the department shall determine whether any 33districts’ minimum required local revenue exceeds the districts’ total EFA Foundation Program. When such instance is found, the 34department shall adjust the index of taxpaying ability to reflect a local effort equal to the cost of the districts’ EFA Foundation 35Program. The districts’ weighted pupil units are to be included in determination of the funds needed for implementation of the 36Education Finance Act statewide. 1 PAGE 106 2 1 In the event that the formulas as devised by the Department of Education and approved by the State Board of Education and the 2Budget and Control Board should provide for distribution to the various school districts totaling more than the amount appropriated 3for such purposes, subject to the provisions of this proviso, the Department of Education shall reduce each school district 4entitlement by an equal amount per weighted pupil so as to bring the total disbursements into conformity with the total funds 5appropriated for this purpose. If a reduction is required in the state’s contribution, the required local funding shall be reduced by 6the proportionate share of local funds per weighted pupil unit. The Department of Education shall continually monitor the 7distribution of funds under the provisions of the Education Finance Act and shall make periodic adjustments to disbursements to 8insure that the aggregate of such disbursements do not exceed the appropriated funds. 9 Notwithstanding any other provision of law, local districts shall not be mandated or required to inflate the base number in their 10respective salary schedules by any percentage greater than the percentage by which the appropriated base student cost exceeds the 11appropriated base student cost of the prior fiscal year. 12 1.5. (SDE: Employer Contributions/Allocations) It is the intent of the General Assembly that the appropriation contained herein 13for “Public School Employee Benefits” shall not be utilized to provide employer contributions for any portion of a school district 14employee’s salary which is federally funded. 15 State funds allocated for school district employer contributions must be allocated by the formula and must be used first by each 16district to cover the cost of fringe benefits for personnel required by the Defined Program, food service personnel and other 17personnel required by law. Once a district has expended all state allocated funds for fringe benefits, the district may utilize food 18service revenues to fund a proportionate share of fringe benefits costs for food service personnel. 19 The Department of Juvenile Justice and the Department of Corrections’ school districts must be allocated funds under the fringe 20benefits program in accordance with criteria established for all school districts. 21 1.6. (SDE: Employer Contributions/Obligations) In order to finalize each school district’s allocations of Employer 22Contributions funds for retiree insurance from the prior fiscal year, the Department of Education is authorized to adjust a school 23district’s allocation in the current fiscal year accordingly to reflect actual payroll and payments to the Retirement System from the 24prior fiscal year. In the event the Department of Education is notified that an educational subdivision has failed to remit proper 25payments to cover Employee Fringe Benefit obligations, the Department of Education is directed to withhold the educational 26subdivision’s state funds until such obligations are met. 27 1.7. (SDE: Governor’s School for Science & Math) Any unexpended balance on June 30 of the prior fiscal year of funds 28appropriated to or generated by the Governor’s School for Science and Mathematics may be carried forward and expended in the 29current fiscal year pursuant to the direction of the board of trustees of the school. 30 1.8. (SDE: Educational Responsibility/Foster Care) Notwithstanding any other provision of law, the responsibility for 31providing a free and appropriate public education program for all children including disabled students is vested in the public school 32district wherein a child of lawful school age resides in a foster home, group home, orphanage, or a state operated health care 33facility including a facility for treatment of mental illness or chemical dependence and habilitation centers for mentally retarded 34persons or persons with related conditions located within the jurisdiction of the school district. The districts concerned may agree 35upon acceptable local cost reimbursement. If no agreement is reached, districts providing education shall receive from the district 36where the child last resided before placement in a facility an additional amount equivalent to the statewide average of the local base 1 PAGE 107 2 1student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act. If a child 2from out of state is residing in a facility owned and/or operated by a for profit entity, the district providing educational services 3shall be reimbursed by the for profit entity the local district’s local support per weighted pupil above the statewide average base 4student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act. This also 5applies to John de la Howe School who also has the authority to seek reimbursement in any situation that the school district has 6participation in the placement of the student. John de la Howe school shall be reimbursed the local district's local support per 7weighted pupil above the statewide average base student cost multiplied by the appropriate pupil weighting as set forth in Section 859-20-40 of the Education Finance Act. Participation will be evidenced by a written agreement from the IEP team or 504 team, 9written referral, or the school district initiating the placement process. School districts providing the education shall notify the 10nonresident district in writing within 45 calendar days that a student from the nonresident district is receiving education services 11pursuant to the provisions of the proviso. The notice shall also contain the student’s name, date of birth, and disabling condition if 12available. If appropriate financial arrangements cannot be effected between institutions of the state, including independent school 13districts under the authority of the Department of Disabilities and Special Needs, and school districts, institutions receiving 14educational appropriations shall pay the local base student cost multiplied by the appropriate pupil weighting. Children residing in 15institutions of state agencies shall be educated with nondisabled children in the public school districts if appropriate to their 16educational needs. Such institutions shall determine, on an individual basis, which children residing in the institution might be 17eligible to receive appropriate educational services in a public school setting. Once these children are identified, the institution 18shall convene an IEP meeting with officials of the public school district in which the institution is located. If it is determined by 19the committee that the least restrictive environment in which to implement the child’s IEP is a public school setting, then the 20school district in which the institution is located must provide the educational services. However, that school district may enter 21into contractual agreements with any other school district having schools located within a 45 mile radius of the institution. The 22cost for educating such children shall be allocated in the following manner: the school district where the child last resided before 23being placed in an institution shall pay to the school district providing the educational services an amount equivalent to the 24statewide average of the local base student cost multiplied by the appropriate pupil weighting as set forth in Section 59 -20-40 of 25the Education Finance Act; the school district providing the educational services shall be able to count the child for all funding 26sources, both state and federal. The institution and school district, through contractual agreements, will address the special 27education and related services to be provided to students. Should the school district wherein the institution is located determine 28that the child cannot be appropriately served in a public school setting, then the institution may request a due process hearing 29pursuant to the procedures provided for in the Individuals with Disabilities Education Act. 30 The agreed upon acceptable local cost reimbursement or the additional amount equivalent to the statewide average of the local 31base student cost multiplied by the appropriate pupil weighting set forth in Section 59-20-40, for instructional services provided to 32out-of-district students, shall be paid within 60 days of billing, provided the billing district has provided a copy of the invoice to 33both the Superintendent and the finance office of the district being invoiced. Should the district not pay within 60 days, the billing 34district can seek relief from the Department of Education. The department shall withhold EFA funding equal to the billing from 35the district refusing to pay and submit the funding (equal to the invoice) to the billing school district. 1 PAGE 108 2 1 The agency placing a child in any situation that requires changing school districts, must work with the schools to assure that all 2required school records, including confidential records, are transferred from the sending to the receiving school within three 3working days. School records to be transferred should include grade transcripts, state birth certificate, certificate of immunization, 4social security card, attendance records, discipline records, IEP’s, psychological reports (or notation in the school records that a 5psychological report on the child is available at the school district office) and any other records necessary for the appropriate 6placement of the child in the new school. School districts must release all records upon presentation of a court order or appropriate 7permission for confidential release. If evaluation or placement is pending, the receiving school district is responsible to secure 8information and to complete the placement. The receiving school will maintain appropriate confidentiality of all records received 9on a child. 10 1.9. (SDE: Disabled/Preschool Children) The state funding for free appropriate public education provided for the three and 11four-year-old disabled children served under Act 86 of 1993, shall be distributed based on the district’s index of taxpaying ability 12as defined in Section 59-20-20(3). Five-year-old disabled children shall continue to be funded under the Education Finance Act of 131977. 14 1.10. (SDE: Instruction in Juvenile Detention Centers) It shall be the responsibility of the school district where a local juvenile 15detention center is located to provide adequate teaching staff and to ensure compliance with the educational requirements of this 16State. Students housed in local detention centers are to be included in the average daily membership count of students for that 17district and reimbursement by the Department of Education made accordingly. 18 1.11. (SDE: Revenue Authorization) The State Department of Education is hereby authorized to collect, expend, and carry 19forward revenues in the following areas to offset the cost of providing such services: the sale of publications, manuals and forms, 20the sale of Apple Tags, royalties, contributions, donations, foundation funds, special grants and contracts, brochures, photo copies, 21listings and labels, Directory of South Carolina Schools, student health record cards, items to be recycled, and high school 22diplomas and certificates; the collection of out-of-state and in-state investigation fees, registration fees for non-SDE employees, 23recurring facility inspection fees, teacher certification fees; the handling of audio-visual film; the provision of contract computer 24services to school districts and other state agencies, joint broadcast service to school districts, and education -related statistics 25through agreement with the National Center for Education Statistics; the lease or sale of programs of television, audio or 26microcomputer software; the collection of damage fees for instructional materials and the sale of unusable instructional materials; 27sale of fuel; use and repair of transportation equipment; fees for Medicaid reimbursable transportation; the receipt of insurance and 28warranty payments on Department of Education equipment and the sale of used school buses and support equipment. The 29Department of Education is authorized to collect revenue for deposit into the State General Fund for testing material purchases and 30test rescoring fees. The Department of Education is authorized to expend revenue collected for lost and damaged instructional 31materials and the sale of unusable instructional materials for the purpose of contracting for the purchase and maintenance of a 32statewide textbook inventory management system, provided that schools’ newly-adopted instructional materials needs are met first. 33 1.12. (SDE: School District Bank Accounts) Notwithstanding any other provisions of law, each school district in this State, 34upon the approval of the district’s governing body, may maintain its own bank account for the purpose of making disbursement of 35school district funds as necessary to conduct school district business and each county treasurer is hereby authorized to transfer such 36amount as needed, upon receipt of a written order certified by the district governing body or their designee. Such order shall 1 PAGE 109 2 1contain a statement that such amount is for immediate disbursement for the payment of correct and legal obligation of the school 2district. 3 1.13. (SDE: School Lunch Program Aid) The amount appropriated herein for School Lunch Program Aid shall be divided 4among the District and/or County Boards of Education of the State upon the basis of the number of schools participating in the 5School Lunch Program in each district during the prior school year. The travel expenses of the District and/or County School 6Lunch Supervisor shall be paid from this appropriation at the prevailing rate of mileage allowed by the State. These funds may be 7used as an aid in improving the School Lunch Program. These funds may not be used to supplement the salaries of school lunch 8supervisors. In the absence of a County Board of Education in multi-district counties, the funds will be divided among the school 9districts of the county on the basis of the number of schools participating in the School Lunch Program in each district during the 10prior school year. 11 1.14. (SDE: Teachers/Temporary Certificates) Of the funds provided for teacher salaries funds may be used to pay salaries for 12those teachers holding temporary certificates which shall remain valid for the current school year if the local board of education so 13requests. The State Department of Education shall submit to the General Assembly by March 1 of the current fiscal year a report 14showing by district the number of temporary certificates by category; including an enumeration of the certificates carried forward 15from the previous year. No temporary certificate shall be continued more than twice. 16 1.15. (SDE: Travel/Outside of Continental U.S.) School District allocations from General Funds and EIA funds shall not be 17used for travel outside of the continental United States. The International Baccalaureate Program shall be exempt from this 18restriction. 19 1.16. (SDE: Year End Closeout) The State Department of Education is authorized to expend federal and earmarked funds (not 20including state or EIA funds) in the current fiscal year for expenditures incurred in the prior year; however, state funds 21appropriated in Part IA, Section 1, XIII, Aid to School Districts, for the Children’s Case Resolution System or private placements 22for services provided to children with disabilities may be used for those expenditures in prior fiscal years. The department is also 23authorized to use appropriated funds to pay for textbooks shipped in the fourth quarter of the prior fiscal year. 24 1.17. (SDE: Transportation Collaboration) The Department of Education School Bus Maintenance Shops shall be permitted, on 25a cost reimbursable-plus basis, to deliver transportation maintenance and services to vehicles owned or operated by public agencies 26in South Carolina. 27 School buses operated by school districts, other governmental agencies or head start agencies for the purpose of transporting 28students for school or school related activities shall not be subject to state motor fuel taxes. Further, that school districts, other 29governmental agencies or head start agencies may purchase this fuel, on a cost reimbursable-plus basis, from the Department of 30Education School Bus Maintenance Shops. 31 1.18. (SDE: Assisting, Developing, and Evaluating Professional Teaching--ADEPT) Funds appropriated in Part IA, Section 1, 32XIII.A-Aid to School Districts-Aid to Subdivision-APT/ADEPT, may be used for the implementation of the ADEPT system. Of 33the funds appropriated, ten percent is to be used to pay colleges and universities for ADEPT services. The remaining funds will be 34distributed to school districts, School for the Deaf and the Blind, John de la Howe School, Governor’s School for Arts and 35Humanities and the Department of Juvenile Justice on a per induction contract teacher basis to offset the costs of implementing the 36ADEPT program. Governing boards of public institutions of higher education may provide by policy or regulation for a tuition 1 PAGE 110 2 1waiver for the tuition for one three-hour course at that institution for those public school teachers who serve as supervisors for full- 2time students completing education degree requirements. Of the funds appropriated in the prior fiscal year, unexpended funds may 3be carried forward to the current fiscal year and expended for the same purposes. 4 1.19. (SDE: Summer Exit Exam Cost) Funds appropriated in Part IA, Section 1, III may be used to offset the costs of the 5summer administration of the Exit Examination. These funds may be expended to cover the costs related to developing, printing, 6shipping, scoring, and reporting the results of the assessments. Local school districts may absorb local costs related to 7administration. 8 1.20. (SDE: Defined Program Personnel Requirements) Administrative positions requiring State Board of Education teacher or 9administrator certification, may only be filled by individuals receiving a W-2 (or other form should the Internal Revenue Service 10change the individual reporting form to another method) from the hiring school district. Any public school district or special 11school that hires a corporation, partnership, or any other entity other than an individual to fill such positions will have its EFA and 12or EIA allocation reduced by the amount paid to that corporation, partnership, or other entity. Compliance with this requirement 13will be made part of the single audit process of local public school districts as monitored by the State Department of Education. 14Temporary instructional positions for special education, art, music, critical shortage fields as defined by the State Board of 15Education, as well as temporary positions for grant writing and testing are excluded from this requirement. 16 1.21. (SDE: Mathematics and Science Unit of the Office of Curriculum and Standards) Of the funds appropriated to the 17Department of Education, $75,000 must be provided to the Charleston Science and Mathematics Center for curriculum 18development at the South Carolina Aquarium. 19 1.22. (SDE: School Bus Insurance) The Department of Education shall maintain comprehensive and collision insurance or 20self-insure state-owned buses. In no event shall the department charge local school districts for damages to the buses which are 21commonly covered by insurance. 22 1.23. (SDE: Teacher Data Collection) Of the non-program funds appropriated to the Department of Education, the department 23and the Commission on Higher Education shall share data about the teaching profession in South Carolina. The data sharing 24should ensure (1) a systematic report on teacher supply and demand information and (2) data to determine classes being taught by 25public school teachers out of field of their preparation. The data collection should include but not be limited to: classes/subjects 26taught, number of students taught, percentage of teacher education graduates from South Carolina colleges/universities who go into 27teaching, percentage of teacher education graduates who teach in public schools in South Carolina, percentage of new teachers who 28leave the South Carolina teaching profession in the first three years of public school teaching due to unsuccessful evaluations, 29percentage of new teachers who leave the profession in the first three years of public school teaching in South Carolina who have 30successful evaluations, turnover rate of teachers and certification areas with highest vacancies. All database items should be set up 31so that it can be disaggregated by ethnicity, gender, geographic location, etc. 32 1.24. (SDE: Adult Education/Literacy) The General Assembly must appropriate for adult education an amount equal to $175 33per pupil. The per pupil amount shall be adjusted annually by the same percentage as the inflation factor used to adjust the base 34student cost of the Education Finance Act. The number of pupils shall be determined by counting the number of persons sixteen 35years or older who attended a minimum of twelve hours in an approved adult education program in the prior fiscal year. Funds 1 PAGE 111 2 1may decrease with a decrease in enrollment; however, overall levels of State funding must meet the federal requirement of State 2maintenance of effort. 3 From the funds appropriated for adult education, $150,000 must be used to provide for pilot projects for rural literacy 4development. In addition, each county shall receive $50,000 for use by the school districts for adult literacy for service delivery to 5adult-nonreaders and those reading at or below the eighth grade level. The North Family Community School shall receive $2,000 6of the funds allocated to Orangeburg County for adult literacy. The school districts may provide this service or may contract to 7have this service provided. In multi-district counties, the districts must agree on the method of service delivery for the entire 8county and select one district to serve as the fiscal agent. 9 1.25. (SDE: Teacher Technology Proficiency) To ensure the effective and efficient use of the funding provided by the General 10Assembly in Part IA, Section 1 XI.E.2 for school technology in the classroom and internet access, the State Department of 11Education shall approve teacher technology competency standards and local school districts must require teachers to demonstrate 12proficiency in these standards as part of each teacher’s Professional Development plan. Evidence that districts are meeting the 13requirement is a prerequisite to expenditure of a district’s technology funds. 14 1.26. (SDE: School Building Aid Allocation) Funds appropriated for School Building Aid shall be transferred to a special trust 15fund established by the Comptroller General. Funds appropriated shall be distributed to the school districts of the State for use in 16accordance with Section 59-21-350 of the Code of Laws of 1976. Funds shall be allocated to eligible school districts on a per pupil 17basis. The allocation must be based on the 135 day count of average daily membership for the second preceding fiscal year. 18 1.27. (SDE: School Building Aid Funds Expenditure) Funds appropriated in Part IA in this act or in a previous Appropriation 19Act for school building aid may be expended by the school district without approval from the State Board of Education. The 20Department of Education shall require that school districts include in their annual audit a verification of compliance with all 21applicable State laws associated with the use of these funds. 22 1.28. (SDE: School Building Aid) Of the funds appropriated in Part IA for School Building Aid, $500,000 shall be allocated on 23a K-12 per pupil basis to Multi-District Area Vocational Schools. 24 1.29. (SDE: PSAT/PLAN Reimbursement) Funds appropriated for assessment shall be used to pay for the administration of the 25PSAT or PLAN test to tenth grade students to include the testing fee and report fee. SDE is authorized to carry forward into the 26current fiscal year, prior year state assessment funds for the purpose of paying for state assessment activities not completed by the 27end of the fiscal year including the scoring of the spring PACT assessment. 28 1.30. (SDE: Basic Skill Exam) Any person seeking candidacy in a an undergraduate teacher education program is required to 29take and pass the Basic Skill Examination pursuant to Sections 59-26-20 and 59-26-40. Any person who fails to achieve a passing 30score on all sections shall be allowed to retake the test or a portion thereof. All sections of the Basic Skill Examination must be 31passed before any person is formally admitted into any undergraduate teacher preparation program in South Carolina. However, 32any person having attained 1100 1650 or better on the SAT or a comparable ACT score shall be exempt from this requirement. 33 1.31. (SDE: School Bus Driver CDL) From funds provided in Part IA, Section 1, IX.B., local school districts shall request a 34criminal record history from the South Carolina Law Enforcement Division for past conviction of any crime before the initial 35employment of a school bus driver or school bus aide. The Department of Education and the school districts shall be treated as a 36charitable organization for purposes of the fee charged for the criminal records search. 1 PAGE 112 2 1 1.32. (SDE: Parent and Guardian Responsibility) To protect the unwarranted expenditure of funds provided in Part IA, Section 21, IX.B., the parents or guardians of a child being transported on a school bus are responsible for the safety and conduct of the 3child prior to the arrival of the school bus at the child’s designated school bus stop for pick up and transport to school, and after the 4school bus drops off the child and departs the child’s designated school bus stop when transporting the children from school. The 5state’s responsibility includes the arrival or departure of the school bus, which is defined as the time that the school bus assigned to 6the school bus stop activates the required pedestrian safety devices, stops and loads or unloads students, and until the school bus 7deactivates all pedestrian safety devices. 8 1.33. (SDE: SAT Preparation) From the funds appropriated for SAT Preparation, the State Department of Education shall 9institute a plan reviewing, on an individual basis, weaknesses of students on actual PSAT administrations, and providing 10assistance. To accomplish this, the Department shall use reports that analyze student weaknesses and provide guidance to local 11schools on the effective use of the reports. 12 1.34. (SDE: School Bus Purchase) Any procurement of school buses with funds appropriated in this act or any other 13appropriation bill must meet specifications developed by the School Bus Specification Committee as established by the State 14Superintendent of Education. The School Bus Specifications Committee shall allow for input from all school bus chassis and body 15manufacturers. However, if it is safe, more economical, and in the public interest, the department may use the school bus 16specifications of Georgia or North Carolina in the procurement of school buses. 17 1.35. (SDE: Buses, Parts, and/or Fuel) Funds appropriated for other operating in program IX.B. - Bus Shops may be used to 18purchase buses, fuel, parts, or other school bus related items. Any funds appropriated or authorized for the purchase of school 19buses may not be transferred or used for any other purpose, except that up to $1,500,000 may be used to purchase school bus 20service vehicles. Funds appropriated or authorized for school bus fuel in this act or any appropriation act supplemental thereto in 21excess of what is necessary to operate the bus fleet must be used for the purchase of school buses. However, in the event of an 22emergency fuel situation, the department may seek approval from the Budget and Control Board and the board is authorized to 23grant such approval, for the expenditure of any non-program appropriated funds for fuel expenditures. 24 1.36. (SDE: Mitford Transportation Costs) Transportation costs for the transporting of students from the Mitford area of 25Fairfield County to schools in the Great Falls area of Chester County is not the responsibility of and shall not be borne by the 26Chester County School District. These transportation costs shall continue to be the responsibility of the State Department of 27Education. 28 1.37. (SDE: Refurbishing Science Kits) Funds appropriated for the purchase of textbooks and other instructional materials may 29be used for reimbursing school districts to offset the costs of refurbishing science kits on the state-adopted textbook inventory, 30purchasing new kits from the central textbook depository, or a combination of refurbishment and purchase. The refurbishing cost 31of kits may not exceed the cost of the state-adopted refurbishing kits plus a reasonable amount for shipping and handling. Costs 32for staff development, personnel costs, equipment, or other costs associated with refurbishing kits on state inventory are not 33allowable costs. 34 1.38. (SDE: Status Offenders/John de la Howe) The funds appropriated for the Status Offender Program shall be distributed to 35John de la Howe School to expand residential programs to include court ordered status offenders. Components of such a program 1 PAGE 113 2 1shall include collaboration between the home school district and the residential school and treatment or related services to the 2families of students in placement. 3 1.39. (SDE: Part-time Benefits) Teachers working less than thirty hours a week, but no less than fifteen hours a week, shall 4qualify for state health and dental insurance. The Budget and Control Board is directed to amend its “Plan of Benefits” regarding 5fringe benefits to conform to the provisions of this section. Teachers and employers shall each contribute toward the cost of these 6benefits with the employer paying only that portion of the employer’s normal cost which is attributable to the time the teacher is 7working, and the teacher shall pay all remaining costs. However, the employer’s contribution shall be no less than half the normal 8cost. 9 1.40. (SDE: Governor’s School Leave Policy) Notwithstanding any other provision of law, the S.C. Governor’s School for the 10Arts and Humanities and the S.C. Governor’s School for Science and Mathematics are authorized to promulgate administrative 11policy governing annual and sick leave relative to faculty and staff with the approval of their respective board of directors. This 12policy shall address their respective school calendars in order to comply with the instructional needs of students attending both 13special schools. 14 1.41. (SDE: Sale of School District Property) Notwithstanding Section 59-19-250 of the 1976 Code, during the current fiscal 15year, school trustees of a school district which do not currently have the authority to do so, may sell or lease school property, real 16or personal, in their school district whenever they deem it expedient to do so and apply the proceeds of the sale or lease to the 17school fund of the district. 18 1.42. (SDE: School Facilities Management System) School Districts may use capital improvement bond funds, lapsed funds or 19any other unexpended appropriated funds or revenues to access the Department of Education’s School Facilities Management 20System database. 21 1.43. (SDE: School Board Meetings) Of the funds appropriated through the Department of Education for technology related 22expenses, school districts that have a web site shall place a notice of a regularly scheduled school board meeting twenty-four hours 23in advance of such meeting. The notice shall include the date, time, and agenda for the board meeting. The school district shall 24place the minutes of the board meeting on their web site within ten days of the next regularly scheduled board meeting. 25 1.44. (SDE: Alternative Certification/Displaced Employees) The Department of Education is directed to give priority in the 26Program for Alternative Certification for Educators (PACE) to the recruitment of qualified state employees impacted by reduction 27in force actions of agencies. The Student Loan Corporation is directed to give priority in the Career-Changer Loan program to 28qualified state employees. The Department of Education shall provide information to the Office of Human Resources and the 29personnel offices of state agencies instituting a reduction in force to advertise and inform employees of this program and state 30agencies shall work with the department in this effort. 31 1.45. (SDE: Proviso Allocations) The State Department of Education may reduce by up to 10%, any allocation in Section 1 32specifically designated by proviso. No allocation for teacher salaries shall be reduced as a result of this proviso. 33 1.46. (SDE: School Districts and Special Schools Flexibility) All school districts and special schools of this State may transfer 34up to one hundred percent of funds between programs to any instructional program provided the funds are utilized for direct 35classroom instruction. 1 PAGE 114 2 1 The South Carolina Department of Education must establish a procedure for the review of all transfers authorized by this 2provision. The details of such transfers must be provided to members of the General Assembly upon request. School districts and 3special schools may carry forward unexpended funds from the prior fiscal year into the current fiscal year to be used for the same 4purpose. All transfers executed pursuant to this provision must be completed by May first of the current fiscal year. All school 5districts and special schools of this State may expend funds received from the Children’s Education Endowment Fund for school 6facilities and fixed equipment assistance, for any instructional program. The Education Oversight Committee shall review the 7utilization of the flexibility provision to determine how it enhances or detracts from the achievement of the goals of the educational 8accountability system, including the ways in which school districts and the state organize for maximum benefit to classroom 9instruction, priorities among existing programs and services, and the impact on short, as well as, long-term objectives. The State 10Department of Education shall provide the reports on the transfers to the Education Oversight Committee for the comprehensive 11review. This review shall be provided to the members of the General Assembly annually. Any grant or technical assistance funds 12allocated directly to an individual school may not be reduced or reallocated within the school district and must be expended by the 13receiving school only according to the guidelines governing the funds. 14 1.47. (SDE: Medical Examination and Security Reimbursement) From funds authorized in Part IA, Section 1, IX.B. Other 15Operating Expenses, the Department of Education may reimburse employees for the cost of a medical examination as required in 16Part 391, Subpart E of the Federal Motor Carrier Safety Regulations, for employees that are required to operate a state vehicle 17transporting hazardous materials. Reimbursement may also be provided to employees that are required to undergo a national 18security background check because of the required Hazmat endorsement to their CDL. 19 1.48. (SDE: Budget Reduction) In compensating for any reduction in funding, local districts must give priority to preserving 20classroom teachers and operations. Funding reductions should first be applied to administrative and non-classroom expenses 21before classroom expenses are affected. 22 1.49. (SDE: Governor’s School for the Arts and Humanities Carry Forward) Any unexpended balance on June 30 of the prior 23fiscal year of funds appropriated to or generated by the South Carolina Governor’s School for the Arts and Humanities may be 24carried forward and expended in the current fiscal year for the purpose of purchasing instructional materials not funded under the 25State Adopted Textbook Program pursuant to the discretion of the Board of Trustees of the School. 26 1.50. (SDE: Governor’s Schools’ Fees) Notwithstanding any other provision of law, the South Carolina Governor’s School for 27the Arts and Humanities and the South Carolina Governor’s School for Science and Mathematics are authorized to charge, collect, 28expend, and carry forward student fees as approved by their respective Board of Directors. The purpose and amount of any such 29fees will be to maintain program quality in both academics and residential support. No student will be denied admittance or 30participation due to financial inability to pay. The respective Board of Directors shall promulgate administrative policy governing 31the collection of all student fees. 32 1.51. (SDE: National Board Certification Incentive) Public school classroom teachers or classroom teachers who work with 33classroom teachers who are certified by the State Board of Education and who have been certified by the National Board for 34Professional Teaching Standards shall be paid a $7,500 salary supplement in the year of achieving certification. Teachers 35employed at the special schools shall be eligible for this $7,500 salary supplement. The special schools include the Governor’s 36School for Science and Math, Governor’s School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe 1 PAGE 115 2 1School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice and Palmetto Unified School District 1. The 2$7,500 salary supplement shall be added to the annual pay of the teacher for the length of the national certificate. However, the 3$7,500 supplement shall be adjusted on a pro rata basis for the teacher’s FTE and paid to the teacher in accordance with the 4district’s payroll procedure. The Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) shall 5develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching 6Standards for certification may receive a loan equal to the amount of the application fee. One-half of the loan principal amount and 7interest shall be forgiven when the required portfolio is submitted to the national board. Teachers attaining certification within 8three years of receiving the loan will have the full loan principal amount and interest forgiven. Teachers who previously submitted 9a portfolio to the National Board for Professional Teaching Standards for certification under previous appropriation acts, shall 10receive reimbursement of their certification fee as prescribed under the provisions of the previous appropriation act. Of the funds 11appropriated in Part IA, Section 1, XIII.A. for National Board Certification, the State Department of Education shall transfer to the 12Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) the funds necessary for the 13administration of the loan program. In addition, teachers who are certified by the National Board for Professional Teaching 14Standards shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for national 15board certification. National board certified teachers moving to this State who hold a valid standard certificate from their sending 16state are exempted from initial certification requirements and are eligible for a professional teaching certificate and continuing 17contract status. Their recertification cycle will be consistent with national board certification. 18 Provided, further, that in calculating the compensation for teacher specialists, the State Department of Education shall include 19state and local compensation as defined in Section 59-18-1530 to include local supplements except local supplements for National 20Board certification. Teacher specialists remain eligible for state supplement for National Board certification. 21 Teachers who begin the application process after July 1, 2007 and who teach in schools which have an absolute rating of below 22average or unsatisfactory shall be eligible for full forgiveness of all assessment fees upon submission of all required materials for 23 certification, regardless of whether certification is obtained. The forgiveness of all assessment fees will be at the rate of 33% for 24each year of full time teaching in the schools which have an absolute rating of below average or unsatisfactory. 25 1.52. (SDE: National Board Certification Incentive Surplus) National Board Certification Incentive appropriation excess of all 26obligations to include the national board certification incentive salary supplement, related fringe, loan principal amount and interest 27forgiven, and the administration funds necessary for the Center for Educator Recruitment, Retention, and Advancement (CERRA- 28South Carolina) and the Department of Education shall be distributed to school districts and allocated based on the Education 29Finance Act Formula. 30 1.53. (SDE: School District Furlough) If state funds appropriated for a school district in this State are less than state funds 31appropriated for that school district in the preceding fiscal year, or if the General Assembly or the Budget and Control Board 32implements a midyear across-the-board budget reduction, school districts may institute employee furlough programs for district- 33level and school-level professional staff classified as instructional-related personnel by the State Department of Education. No 34instructional personnel nor support staff as classified by the State Department of Education may be furloughed. Before any of 35these employees may be furloughed, the chairman of the governing body of the school district must certify that all fund flexibility 36provided by the General Assembly has been utilized by the district and that the furlough is necessary to avoid a year -end deficit 1 PAGE 116 2 1and a reduction in force. The certification must include a detailed report by the superintendent of the specific action taken by the 2district to avoid a year-end deficit. The certification and report must be in writing and delivered to the State Superintendent of 3Education and a copy must be forwarded to the Chairman of the Senate Finance Committee and the Chairman of the House Ways 4and Means Committee. 5 The local school district board of trustees may implement a furlough of these instructional-related professional staff personnel 6once certification to the State Superintendent documents all funding flexibility has been exhausted and continued year-end deficits 7exist. Local school boards of trustees shall have the authority to authorize furloughs of these employees in the manner in which it 8sees fit. However, they may not be furloughed for a period exceeding ten days. The local school district board of trustees shall 9provide for furlough days only on non-instructional days. 10 During any furlough, affected employees shall be entitled to participate in the same benefits as otherwise available to them 11except for receiving their salaries. As to those benefits that require employer and employee contributions, including, but not 12limited to, contributions to the South Carolina Retirement System or the optional retirement program, the district will be 13responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those 14benefits which require only employee contributions, the employee remains solely responsible for making those contributions. 15Placement of an employee on furlough under this provision does not constitute a grievance or appeal under any employee 16grievance procedure. The district may allocate the employee’s reduction in pay over the balance of the fiscal year for payroll 17purposes regardless of the pay period within which the furlough occurs. 18 This proviso shall not abrogate the terms of any contract between any school district and its employees. 19 1.54. (SDE: Base Student Cost Funding) Notwithstanding any other provision of law, the funding for particular items and areas 20in the Department of Education’s base budget that have been reduced or eliminated and provisos that directed funding for specific 21items that have been deleted, shall be redirected to the Base Student Cost. 22 1.55. (SDE: School Lunch/Attendance Supervisors) For those counties in which an entity other than the school district 23administers the school lunch supervisor and/or attendance supervisor programs, the school districts in that county shall transfer to 24the entity the amount available in the previous fiscal year for administration of the school lunch supervisor and/or attendance 25supervisor programs. Each district shall transfer a pro-rata share of the total cost based upon the percentage of state EFA funds 26distributed to the districts within the county. 27 1.56. (SDE: Replacement Facilities) The Department of Education is directed to proceed with the development of a joint-use 28school transportation maintenance and operations facility in Greenville County. Prior to the availability of this new facility the 29department shall continue to operate state school bus maintenance services from the existing Greenville School Bus Maintenance 30Facility located on Halton Road. All proceeds from the sale of the Halton Road Facility and Property shall become pupil 31transportation operating revenue of the department. The cost of the State share of the new joint-use facility, the cost of preparing 32the old Halton Road Facility and Property for disposal, interim relocation/construction financing, all associated relocation 33expenses, and all other related costs shall be funded from the proceeds received from the sale of the existing Halton Road Facility 34and Property. The State Treasurer shall make available all necessary interim financing to accomplish the proviso directives. 35 1.57. (SDE: SCGSAH Certified Teacher Designation) Because of the unique nature of the South Carolina Governor’s School 36for the Arts and Humanities, the Charleston School of the Arts, and the Greenville County Fine Arts Center, the schools are 1 PAGE 117 2 1authorized to employ at its discretion non-certified classroom teachers teaching in the literary, visual and performing arts subject 2areas who are otherwise considered to be appropriately qualified in a ratio of up to one hundred percent of the entire teacher staff. 3 1.58. (SDE: Educational Items) In order that resources more closely follow the student, it is the intent to offer spending 4flexibility to local school districts as has been provided in the prior fiscal year. 5 1.59. (SDE: No Discrimination Requirement) State funds must not be appropriated to a school that discriminates against or 6participates with or is a member of an association with policies that discriminate or afford different treatment of students based on 7race or national origin. 8 1.60. (SDE: Prohibit Implementation of ECERS Program) The Department of Education is prohibited from utilizing any 9appropriated or authorized funds to implement the Early Childhood Environment Rating Scores Program. This prohibition does 10not apply to the Office of First Steps. 11 In addition, school districts are prohibited from using revenue from any source, including state, federal, and local funds, to 12implement the Early Childhood Environment Rating Scores Program. 13 1.61. (SDE: High School Reading Initiative) The funds appropriated for the High School Reading Initiative are to be used to 14expand the South Carolina Reading Initiative to the high school level by providing research based targeted assistance in improving 15and accelerating the reading ability of high school students reading below grade level. 16 1.62. (SDE: Carry Forward Authority) Funds appropriated to the Department of Education, excluding any direct aid to school 17districts, subdivisions, and other entities; or agencies and special items, not expended during the prior fiscal year may be carried 18forward and expended during the current fiscal year for fuel. 19 1.63. (SDE: Medicaid Cash Match Accounting) The department is granted authority to transfer funds between budget lines and 20object codes to identify, reconcile, reimburse, and remit funds required for Medicaid cash match to the Department of Health and 21Human Services. 22 1.64. (SDE: Student Report Card-GPA) For each high school student, school districts shall be required to print the student’s 23individual cumulative grade point average for grades nine through twelve on the student’s report card. 24 1.65. (SDE: Governor’s School Reporting) The Governor’s School for the Arts and Humanities and the Governor’s School for 25Science and Mathematics are required to submit reports as to how the non-recurring funding appropriated in this act is expended. 26The report must be submitted to the Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance 27Committee by the end of the fiscal year. 28 1.66. (SDE: Child Development Education Pilot Program) There is created the South Carolina Child Development Education 29Pilot Program. This program shall be available for the 2006-2007 and 2007-2008 school year on a voluntary basis and shall focus 30on the developmental and learning support that children must have in order to be ready for school and must incorporate parenting 31education. 32 (A) Beginning with the 2006-07 school year and continuing through For the 2007-2008 school year, with funds appropriated by 33the General Assembly, the South Carolina Child Development Education Pilot Program shall first be made available to eligible 34children from the following eight trial districts in Abbeville County School District et. al. vs. South Carolina: Allendale, Dillon 2, 35Florence 4, Hampton 2, Jasper, Lee, Marion 7, and Orangeburg 3. With any remaining funds available, the pilot shall be expanded 36to the remaining plaintiff school districts in Abbeville County School District et. al. vs. South Carolina. Priority shall be given to 1 PAGE 118 2 1implementing the program first in those of the plaintiff districts which participated in the pilot program during the 2006-2007 2school year, then in the plaintiff districts having proportionally the largest population of underserved at-risk four-year-old children. 3While participating in the pilot program, Education Improvement Act funding from the four-year-old early childhood program as 4authorized pursuant to Section 59-139-70 of the 1976 Code may only be used to fund teacher salary supplements and fringe 5benefits as required by Section 59-20-50. During the implementation of the pilot program, no funds appropriated by the General 6Assembly for this purpose shall be used to fund services to at-risk four-year-old children residing outside of the trial or plaintiff 7districts. 8 The Education Oversight Committee shall conduct an evaluation of the pilot program and shall issue a report to the General 9Assembly by January 1, 2008. The report shall include a comparative evaluation of children served in the pilot program and 10children not served in the pilot program. Additionally, based on the evaluation of the pilot program, the Education Oversight 11Committee shall include recommendations for the creation of and an implementation plan for phasing in the delivery of services to 12all at-risk four-year-old children in the state. 13 Unexpended funds from the prior fiscal year for this program shall be carried forward and used by the First Steps to Readiness 14Board of Trustees to provide services to children zero to three years of age in the districts outlined in section (A) shall remain in 15the program. In rare instances, students with documented kindergarten readiness barriers may be permitted to enroll for a second 16year, or at age five, at the discretion of the Department of Education for students being served by a public provider or at the 17discretion of the Office of South Carolina First Steps to School Readiness for students being served by a private provider. 18 (B) Each child residing in the pilot districts, who will have attained the age of four years on or before September 1, of the 19school year, and meets the at-risk criteria is eligible for enrollment in the South Carolina Child Development Education Pilot 20Program for one year. 21 The parent of each eligible child may enroll the child in one of the following programs: 22 (1) a school-year four-year-old kindergarten program delivered by an approved public provider; or 23 (2) a school-year four-year-old kindergarten program delivered by an approved private provider. 24 The parent enrolling a child must complete and submit an application to the approved provider of choice. The application must 25be submitted on forms and must be accompanied by a copy of the child’s birth certificate, immunization documentation, and an 26appropriate free and reduced lunch application form documentation of the student’s eligibility as evidenced by family income 27documentation showing an annual family income of 185% or less of the federal poverty guidelines as promulgated annually by the 28U.S. Department of Health and Human Services or a statement of Medicaid eligibility. 29 In submitting an application for enrollment, the parent agrees to comply with provider attendance policies during the school 30year. This shall consist The attendance policy must state that the program consists of 6.5 hours of instructional time daily and 31operates for a period of not less than 180 days per year. Pursuant to program guidelines, noncompliance with attendance policies 32may result in removal from the program. 33 No parent is required to pay tuition or fees solely for the purpose of enrolling in or attending the program established under this 34provision. Nothing in this provision prohibits charging fees for childcare that may be provided outside the times of the 35instructional day provided in these programs. 1 PAGE 119 2 1 (C) Public school providers choosing to participate in the South Carolina Four-Year-Old Child Development Kindergarten 2Program must submit an application to the Department of Education. Private providers choosing to participate in the South 3Carolina Four-Year-Old Child Development Kindergarten Program must submit an application to the Office of First Steps. The 4application must be submitted on the forms prescribed, contain assurances that the provider meets all program criteria set forth in 5this provision, and will comply with all reporting and assessment requirements. 6 Providers shall: 7 (1) comply with all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, 8race, creed, color, gender, national origin, religion, ancestry, or need for special education services; 9 (2) comply with all state and local health and safety laws and codes; 10 (3) comply with all state laws that apply regarding criminal background checks for employees and exclude from employment 11any individual not permitted by state law to work with children; 12 (4) be accountable for meeting the education needs of the child and report regularly at least quarterly to the parent/guardian 13on his progress; 14 (5) comply with all program, reporting, and assessment criteria required of providers; 15 (6) maintain individual student records for each child enrolled in the program to include, but not be limited to, assessment 16data, health data, records of teacher observations, and records of parent or guardian and teacher conferences; 17 (7) designate whether extended day services will be offered to the parents/guardians of children participating in the program; 18and 19 (8) be approved, registered, or licensed by the Department of Social Services.; and 20 (9) comply with all state and federal laws and requirements specific to program providers. 21 Providers may limit student enrollment based upon space available. However if enrollment exceeds available space, providers 22shall enroll children with first priority given to children with the lowest scores on an approved pre-kindergarten readiness 23assessment. Private providers shall not be required to expand their programs to accommodate all children desiring enrollment. 24However, providers are encouraged to keep a waiting list for students they are unable to serve because of space limitations. 25 (D) The Department of Education and the Office of First Steps to School Readiness, in consultation with the Education 26Oversight Committee shall: 27 (1) develop the provider application form; 28 (2) develop the child enrollment application form; 29 (3) develop a list of approved research-based preschool curricula for use in the program based upon the South Carolina 30Content Standards, provide training and technical assistance to support its effective use in approved classrooms serving children; 31 (4) develop a list of approve pre-kindergarten readiness assessments to be used in conjunction with the program, provide 32assessments and technical assistance to support assessment administration in approved classrooms serving children; 33 (5) establish criteria for awarding new classroom equipping grants; 34 (6) establish criteria for the parenting education program providers must offer; and 35 (7) establish a list of early childhood related fields that may be used in meeting the lead teacher qualifications. ; 36 (8) develop a list of data collection needs to be used in implementation and evaluation of the program; 1 PAGE 120 2 1 (9) identify teacher preparation program options and assist lead teachers in meeting teacher program requirements; 2 (10) establish criteria for granting student retention waivers; and 3 (11) establish criteria for granting classroom size requirements waivers. 4 (E) Providers of the South Carolina Child Development Education Pilot Program shall offer a complete educational program in 5accordance with age-appropriate instructional practice and a research based preschool curriculum aligned with school success. The 6program must focus on the developmental and learning support children must have in order to be ready for school. The provider 7must also incorporate parenting education that promotes the school readiness of preschool children by strengthening parent 8involvement in the learning process with an emphasis on interactive literacy. 9 Providers shall offer high-quality, center-based programs that must include, but shall not be limited to, the following: 10 (1) employ a lead teacher with a two-year degree in early childhood education or related field or be granted a waiver of this 11requirement from the Department of Education or the Office of First Steps to School Readiness; 12 (2) employ an education assistant with pre-service or in-service training in early childhood education; 13 (3) maintain classrooms with at least 10 four-year-old children, but no more than 20 four-year-old children with an adult to 14child ratio of 1:10. With classrooms having a minimum of 10 children, the 1:10 ratio must be a lead teacher to child ratio . 15Waivers of the minimum class size requirement may be granted by the South Carolina Department of Education for public 16providers or by the Office of First Steps to School Readiness for private providers on a case-by-case basis; 17 (4) offer a full day, center-based program with 6.5 hours of instruction daily for 180 school days; 18 (5) provide an approved research-based preschool curriculum that focuses on critical child development skills, especially 19early literacy, numeracy, and social/emotional development; 20 (6) engage parents’ participation in their child’s educational experience that shall include a minimum of two documented 21conferences per year; and 22 (7) adhere to professional development requirements outlined in this article. 23 (F) Every classroom providing services to four-year-old children established pursuant to this provision must have a lead teacher 24with at least a two-year degree in early childhood education or related field and who is enrolled and is demonstrating progress 25toward the completion of a teacher education program within four years. Every classroom must also have at least one education 26assistant per classroom who shall have the minimum of a high school diploma or the equivalent, and at least two years of 27experience working with children under five years old. The teaching assistant shall have completed the Early Childhood 28Development Credential (ECD) 101 or enroll and complete this course within twelve months of hire. 29 (G) The General Assembly recognizes there is a strong relationship between the skills and preparation of pre-kindergarten 30instructors and the educational outcomes of students. To improve these education outcomes, participating providers shall require 31all personnel providing instruction and classroom support to students participating in the South Carolina Child Development 32Education Pilot Program to participate annually in a minimum of 15 hours of professional development to include teaching 33children from poverty. Professional development should provide instruction in strategies and techniques to address the 34age-appropriate progress of pre-kindergarten students in developing emergent literacy skills, including but not limited to, oral 35communication, knowledge of print and letters, phonemic and phonological awareness, and vocabulary and comprehension 36development. 1 PAGE 121 2 1 (H) Both public and private providers shall be eligible for transportation funds for the transportation of children to and from 2school. Nothing within this provision prohibits providers from contracting with another entity to provide transportation services 3provided the entities adhere to the requirements of Section 56-5-195. Providers shall not be responsible for transporting students 4attending programs outside the district lines. Parents choosing program providers located outside of their resident district shall be 5responsible for transportation. When transporting four-year-old child development students, providers shall make every effort to 6transport them with students of similar ages attending the same school. Of the amount appropriated for the program, not more 7than $185 per student shall be retained by the Department of Education for the purposes of transporting four-year-old students. 8This amount must be increased annually by the same projected rate of inflation as determined by the Division of Research and 9Statistics of the Budget and Control Board for the Education Finance Act. 10 (I) For all private providers approved to offer services pursuant to this provision, the Office of First Steps to School Readiness 11shall: 12 (1) serve as the fiscal agent; 13 (2) verify student enrollment eligibility in consultation with the Department of Social Services; 14 (3) recruit, review, and approve eligible providers. In considering approval of providers, consideration must be given to the 15provider’s availability of permanent space for program service and whether temporary classroom space is necessary to provide 16services to any children; 17 (4) coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers; 18 (5) serve as a clearing house for information and best practices related to four-year-old kindergarten programs; 19 (6) receive, review, and approve new classroom grant applications and make recommendations for approval based on 20approved criteria; 21 (7) coordinate activities and promote collaboration with other private and public providers in developing and supporting 22four-year-old kindergarten programs; 23 (8) maintain a database of the children enrolled in the program; and 24 (9) promulgate guidelines as necessary for the implementation of the pilot program. 25 (J) For all public school providers approved to offer services pursuant to this provision, the Department of Education shall: 26 (1) serve as the fiscal agent; 27 (2) verify student enrollment eligibility in consultation with the Department of Social Services; 28 (3) recruit, review, and approve eligible providers. In considering approval of providers, consideration must be given t the 29provider’s availability of permanent space for program service and whether temporary classroom space is necessary to provide 30services to any children; 31 (4) coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers; 32 (5) serve as a clearing house for information and best practices related to four-year-old kindergarten programs; 33 (6) receive, review, and approve new classroom grant applications and make recommendations for approval based on 34approved criteria; 35 (7) coordinate activities and promote collaboration with other private and public providers in developing and supporting 36four-year-old kindergarten programs; 1 PAGE 122 2 1 (8) maintain a database of the children enrolled in the program; and 2 (9) promulgate guidelines as necessary for the implementation of the pilot program. 3 (K) The General Assembly shall provide funding for the South Carolina Child Development Education Pilot Program. For the 42006-07 2007-08 school year, the funded cost per child shall be $3,077 $3,931 increased annually by the rate of inflation as 5determined by the Division of Research and Statistics of the Budget and Control Board for the Education Finance Act. Eligible 6students enrolling with private providers during the school year shall be funded on a pro-rata basis determined by the length of 7their enrollment. Additionally, a reimbursement rate of $185 per child will be appropriated to providers if the provider transports 8children to and from school. Private providers transporting eligible children to and from school shall be eligible for a 9reimbursement of $550 per eligible child transported. Providers who are reimbursed are required to retain records as required by 10their fiscal agent. For the 2007 - 08 school year the funded cost per child shall be the same but shall be increased by the same 11projected rate of inflation as determined by the Division of Research and Statistics of the Budget and Control Board for the 12Education Finance Act. 13 With funds appropriated by the General Assembly, the Department of Education shall approve grants for public providers and 14the Office of First Steps to School Readiness shall approve grants for private providers, of up to $10,000 per class for the 15equipping of new classrooms. Funding of up to two thousand five hundred dollars may be provided annually for the procurement 16of consumable and other materials in established classrooms. 17 (L) Pursuant to this provision, the Department of Social Services shall: 18 (1) aid the Department of Education and the Office of First Steps to School Readiness in the verification of student enrollment 19eligibility; 20 (21) maintain a list of all approved public and private providers; and 21 (32) provide the Department of Education, the Office of First Steps, and the Education Oversight Committee information 22necessary to carry out the requirements of this provision. 23 (M) The Education Oversight Committee shall conduct a comparative evaluation of the South Carolina Child Development 24Education Pilot Program and issue their findings in a report to the General Assembly by January 1, 2008. Based on information, 25data, and evaluation results, the Education Oversight Committee shall include as part of their report recommendations for the 26creation and implementation of a statewide four-year-old kindergarten program for at-risk children. The report shall also include 27information and recommendations on lead teacher qualifications and options for creating comparable salary schedules for certified 28teachers employed by private providers. In the current fiscal year, the Education Oversight Committee shall use funds 29appropriated by the General Assembly for four-year-old evaluation to support the annual collection of and continuous evaluation 30of data. 31 The report shall also include an assessment, by county, on the availability and use of existing public and private classroom 32capacity approved for at-risk four-year-old kindergarten students. The report shall include, by county, the estimated four-year-old 33population, the total number of CDEPP approved four-year-old kindergarten spaces available, the number of four-year-old 34children enrolled in both public and private CDEPP approved facilities, and the number of children on waiting lists for either 35public or private providers during the reporting period. Where possible, the report shall also include anticipated four-year-old 36kindergarten enrollment projections for the two years following the report. 1 PAGE 123 2 1 To aid in this evaluation, the Education Oversight Committee shall determine the data necessary and both public and private 2providers are required to submit the necessary data as a condition of continued participation in and funding of the program. This 3data shall include developmentally appropriate measures of student progress. Additionally, the Department of Education shall 4issue a unique student identifier for each child receiving services from a private provider. The Department of Education shall be 5responsible for the collection and maintenance of data on the public state funded full day and half-day four-year-old kindergarten 6programs. The Office of First Steps to School Readiness shall be responsible for the collection and maintenance of data on the 7state funded programs provided through private providers. The Education Oversight Committee shall use this data and all other 8collected and maintained data necessary to conduct a research based review of the program’s implementation and assessment of 9student success in the early elementary grades. 10 1.67. (SDE: Lost & Damaged Textbook Fees) Fees for lost and damaged textbooks for the prior school year are due no later 11than December 1 of the current school year when invoiced by the Department of Education. The department may withhold 12textbook funding from schools that have not paid their fees by the payment deadline. 13 1.68. (SDE: Service Vehicle Purchase) No more than $1,500,000 of non-program funds appropriated/authorized, to include 14EIA cash balances, to the Department of Education may be used for the purchase of school transportation service vehicles. 15 1.69. (SDE: 0 to 4 Year Old Standards) The First Steps State Office must convene a task force to develop quality standards for 16programs serving children ages 0 to 4, excluding the 4K Child Development Education Program. Membership must include both 17public and private providers and is to be chaired by the Director of the First Steps State Office. A report must be issued to 18members of the General Assembly and the Governor’s Office by January 9, 2007. 19 1.70. (SDE: Physical Education Teachers) A school district’s allocation from the funds appropriated in Part IA, Section 1, 20Program III are to be used to increase the number of physical education teachers to the extent possible. 21 1.71. (SDE: Athletic Event Transportation) For school year 2006-2007, of the funds appropriated to the Department of 22Education, $1,000 shall be utilized to ensure that it is the policy of the State of South Carolina that the South Carolina High School 23League may not impose a waiting period on an entering ninth grade Daniel Island resident Bishop England High School student, if 24the student is otherwise eligible. 25 1.72. (SDE: Education and Economic Development Act Carry Forward) Funds provided for the Education and Economic 26Development Act may be carried forward into the current fiscal year to be expended for the same purposes by the department, 27school districts, and special schools. 28 1.73 . (SDE: High Schools That Work Carry Forward) Funds provided for High Schools That Work may be carried forward 29into the current fiscal year to be expended for the same purposes by the department, school districts, and special schools. 30 1.74. (SDE: Middle School Certification Review) DELETED 31 1.75. (SDE: Career Cluster Industry Partnerships) From the funds appropriated to the Department of Education, $800,000 32must be provided as grants to the private sector statewide trade association or educational foundation providing nationally 33certified programs in career and technology education representing the automotive, construction, engineering, healthcare, 34mechanical contracting/construction, and hospitality tourism career clusters. Organizations applying for a grant must do so by 35July 1 and the Department of Education must award a minimum of one grant of at least $150,000 in at least four of these specified 36career clusters to be used exclusively for career and technology education. The recipient industry organization must conduct end- 1 PAGE 124 2 1of-course exams graded by a national industry organization and must include in their grant request how the money will be spent to 2further industry-specific career technology education; a description and history of their program nationally and within South 3Carolina; estimates of future employment growth in their industry; and the national scope of their program. By August 1 of the 4following year, the organization must submit to the department a report detailing how the grant increased industry/employer 5awareness; the number of increased schools using the industry-based curriculum and partnered with the industry organization; 6the increased number of students in the program; and an overview and analysis of the organization's statewide student 7competition. The grant must be used for career awareness programs for that industry cluster; statewide student competitions 8leading to national competitions; teacher development and training; post-secondary scholarships in industry-specific degree 9programs; student recruitment into that career cluster programs; programs to educate middle and high school Career or 10Guidance Counselors about the industry; service to disadvantaged youth; and administering business/employer awareness and 11partnerships which help lead to experience-based, career-oriented experiences including internships, apprenticeships, mentoring, 12co-op education and service learning. The Office of Career and Technology Education of the department will develop goals with 13each career cluster on the number of new schools using the industry-based curriculum and partnered with that career cluster 14organization. These funds may not be used to supplant existing funds currently being used for these purposes. Organizations may 15carry-over grants for up to three years when a large project is identified in the grant application to be used at a future date; 16otherwise excess funds must be returned to the state. 17 1.76. (SDE: Education Finance Act Reserve Fund) (A) There is created in the State Treasury a fund separate and distinct from 18 the General Fund of the State and all other funds entitled the Education Finance Act Reserve Fund. All unexpended general funds 19appropriated to the Department of Education for the Education Finance Act in the current fiscal year shall be transferred to the 20Education Finance Act Reserve Fund. In the event that the amount appropriated for the Education Finance Act is insufficient to 21fully fund the base student cost as established by this act, revenues from the Education Finance Act Reserve Fund may be used to 22supplement the funds appropriated. The General Assembly may make direct appropriations to this fund. All unexpended funds in 23the Education Finance Act Reserve Fund and any interest accrued by the fund must remain in the fund and may be carried 24forward into the current fiscal year. 25 (B) The Department of Education must notify the State Treasurer in the event that any school district in this State is projected 26to receive less state EFA Funds than the prior fiscal year. Upon notification, the Treasurer must disburse to the Department of 27Education a sufficient amount of reserve funds to compensate for the difference that any district is projected to receive as 28compared to the prior fiscal year. The department must use these funds to supplement the school district’s monthly disbursement 29of state EFA Funds so that the district’s monthly disbursement is equivalent to the prior fiscal year. 30 1.77. (SDE: Formative Reading Assessment) Beginning with the 2007-08 school year, for grades one and two, schools will use 31a State Board approved developmentally appropriate formative reading assessment. However, districts that are currently using 32other formative reading assessments because of the districts’ participation in grant programs may use those assessments in the 33schools within their districts in lieu of using the State Board approved assessment. By August 1, 2007, those districts shall be 34required to inform the Office of Assessment what equivalent assessment for grades one and two will be used. To the extent that 35funds are available, the Department of Education may provide funds for districts to offset the assessment costs for non-grant 36schools within those districts. 1 PAGE 125 2 1 1.78. (SDE: Middle College Programs) DELETED 2 1.79. (SDE: Child Development Education Pilot Program-4 Year Olds) $4,000,000 o f the funds carried forward from the prior 3fiscal year from the South Carolina Child Development Education Pilot Program are designated for services to zero to three year 4 olds by the Office of First Steps, the remaining funds shall be redirected for use by the Department of Education for services to 5four year olds participating in the Child Development Education Pilot Program during the current fiscal year. At the discretion of 6the First Steps Board of Trustees, funds carried forward by the Office of First Steps may be also be used to match philanthropic 7 gifts targeting low income 0-3 year olds statewide . 8 1.80. (SDE: Physical Education Assessment Program) For Fiscal Year 2007-2008 the South Carolina Physical Education 9Assessment program is suspended. Of the funds appropriated to the Department of Education, the department is directed to 10collect input from physical education teachers throughout the state and submit a report outlining proposed changes to the 11program based on the data collected and nationally published research on the assessment of physical education programs by 12January 1, 2008. 13 1.81. (SDE: GSAH Human Resources Annual Report) Of the funds appropriated to the Governor’s School for the Arts and the 14Humanities, the school shall provide to the Senate Finance Committee, the House Ways and Means Committee, the Budget and 15Control Board Office of Human Resources, and the Commission on Human Affairs an annual report detailing the school’s human 16resource statistics for both filled and vacant positions. The report shall include specifics as to advertising, applicants, and 17selections as well as the composition of the selection team. In addition, an annual report of recruiting activities that address the 18school’s Access Plan shall be required. A comprehensive enrollment report must be furnished annually. 19 1.82. (SDE: STAR Academy Match Requirement) The funds appropriated in Part IA for the Star Academy Drop Out Prevention 20Program are directed to the Aiken County Public School System to fund the Star Academy public/private partnership. Receipt of 21this funding is contingent upon the Aiken County Public School System or a private member of the partnership securing a 22commitment for at least $10 million dollars of private funding. 23 24SECTION 1A - H63 - DEPARTMENT OF EDUCATION-EIA 25 26 1A.1. (SDE-EIA: XI-Prohibition on Appropriation Transfers) The amounts appropriated herein for aid to subdivisions or 27allocations to school districts shall not be transferred or reduced and must be expended in accordance with the intent of the 28appropriation. However, transfers are authorized from allocations to school districts or special line items with projected year-end 29excess appropriations above requirements, to allocations to school districts or special line items with projected deficits in 30appropriations. 31 1A.2. (SDE-EIA: XI.A.1-Advanced Placement) Of the funds appropriated in Part IA, Section 1, XI.A.1. for Advanced 32Placement, no more than $500,000 must be made available on a flat rate per class basis to schools offering “singleton” Advanced 33Placement classes with a student/teacher ratio equal to or less than ten to one. The State Board of Education shall develop 34guidelines for the distribution of these “singleton” funds. The remaining AP funds must be distributed to the school districts of the 35state based upon the 135 day count of AP students served. AP funds may be used to defray the testing costs of the International 36Baccalaureate Program which are incurred by school districts at the same per-test reimbursement rate provided for Advanced 1 PAGE 126 2 1Placement examinations. High schools may receive funding for the allowable costs associated with ninth and tenth grade students 2taking Advanced Placement courses. Funds provided for Advanced Placement may be carried forward into the current fiscal year 3to be expended for the same purpose. 4 1A.3. (SDE-EIA: XI.A-Gifted & Talented) Notwithstanding the provisions for Section 59-29-170, at least twelve percent 5(12%) of the total state dollars appropriated annually for gifted and talented programs shall be set aside for serving artistically 6gifted and talented students in grades 3-12. School districts shall service students identified as artistically gifted and talented by 7utilizing approved state guidelines in one or more of the following visual and performing arts areas: dance, drama, music and 8visual arts areas. Districts may contract with other entities to provide services to students identified as artistically gifted and 9talented if personnel or facilities are not available in the school district for that service. Of the remaining state dollars appropriated 10for gifted and talented programs, not more than $1,000,000 may be used to provide testing and teacher training. Each district 11receiving funds for the gifted and talented program shall include an accelerated component as a part of its academically gifted and 12talented program. EIA-Gifted and Talented funds may be carried forward and expended for the same purpose in the current fiscal 13year. 14 1A.4. (SDE-EIA: XI.A.1-Gifted & Talented/Jr. Academy of Science) Of the funds appropriated in Part IA, Section 1, XI.A.1. 15Gifted & Talented, $100,000 must be provided to the Junior Academy of Science. The Department of Education must provide a 16report on the effectiveness of the academy to the State Board of Education and the Education Oversight Committee by October 1 17annually in a format agreed upon by the Education Oversight Committee and the Department of Education. 18 1A.5. (SDE-EIA: XI.A.1 Services for Students with Disabilities) The money appropriated in Part IA, Section 1, XI.A.1. for 19Services for Students with Disabilities shall be used only for educational services for trainable mentally disabled pupils and 20profoundly mentally disabled pupils. 21 1A.6. (SDE-EIA: XI.A.1-Junior Scholars) The State Board of Education, through the Department of Education, must provide a 22report on the effectiveness of the Junior Scholars programs as appropriated in Part IA, Section 1, XI.A.1. to the Education 23Oversight Committee by October 1. Eligibility for the Junior Scholars program is open to any student who meets the requirements 24of the program, whether the student attends public school or private school; provided however, any private school student is 25responsible for paying the cost of the qualifying examination and, at the option of the Department of Education, any other costs 26associated with the program. 27 1A.7. (SDE-EIA: XI.A.4-Academic Assistance/Carry Forward) Any unexpended balance from the prior fiscal year in the EIA 28appropriations in Part IA, Section 1, XI.A.4. for Academic Assistance may be carried forward to the current fiscal year by school 29districts to be expended to operate programs in accordance with their academic assistance long range plans. 30 1A.8. (SDE-EIA: XI.A.4-Academic Assistance/Curriculum Development) Funds appropriated in Part IA, Section 1, XI.A.4. 31for Act 135 of 1993 Other Operating must be used by the Department of Education to provide schools and school districts with 32technical assistance on curriculum development, including implementing the grade-by-grade academic standards, and instructional 33improvement in keeping with the intent of Act 135 of 1993 (Sections 59-139-05 and 59-139-10 of the SC Code of Laws) as 34provided in regulations promulgated by the State Board of Education. Reports on the use of these funds will be provided to the 35Senate Education Committee and the House Education and Public Works Committee by September 1, of the current fiscal year, 36reflecting prior fiscal year expenditures. 1 PAGE 127 2 1 1A.9. (SDE-EIA: XI.A.4-Academic Assistance/Early Child Development) A portion of the funds appropriated in Part IA, 2Section 1, XI.A.4. for Academic Assistance 4-12 may be used to support components for the K-3 academic assistance if such 3change promotes better coordination of state and federal funds provided for programs for these students. Districts requesting this 4waiver from the State Board of Education must demonstrate how the use of these funds is in keeping with their long range plan and 5how the needs of the students in grades 4-12 will be met. 6 1A.10. (SDE-EIA: XI.A.4-Academic Assistance/Formula Funding & Distribution) Notwithstanding any other provision of law, 7the total funding in Part IA, Section 1, XI.A.4. for the 4-12 Academic Assistance component of Act 135 of 1993 shall be based on 8a derived free and reduced lunch eligibility count for grades 4-12 obtained by applying the state percentage of K-3 students eligible 9for free and reduced lunch to the 4-12 average daily membership; and funding for individual districts shall be based on two equally 10weighted factors; the district’s derived lunch percentage for grades 4-12 and its four year average for the number of 4-12 students 11“not meeting” standard on the state’s testing programs for the years 1990-1993. 12 1A.11. (SDE-EIA: XI.A-Academic Assistance/Reading Recovery) Of the EIA funds appropriated herein for the Academic 13Assistance Act 135, $3,200,000 shall be used for the Reading Recovery programs throughout the State. Of the funds provided for 14Reading Recovery, up to $50,000 shall be used for piloting alternative teaching methods for reading. The State Department of 15Education shall report to the State Board of Education and the Education Oversight Committee on the allocation and expenditure of 16these funds by October 1 annually in a format agreed upon by the Education Oversight Committee and the Department of 17Education. 18 1A.12. (SDE-EIA: XI.A.4-Academic Assistance/Remedial Adult Education) Of funds appropriated in Part IA, Section 1, 19XI.A.4. for Academic Assistance an amount not to exceed $1,000,000 must be used for either adult education students failing one 20or more sections of the HSAP Exit Examination or students preparing for the GED examination at a weight of .114 of the base 21student cost as defined in the Education Finance Act. 22 1A.13. (SDE-EIA: XI.B - Half Day Program for Four-Year-Olds) Funds appropriated in Part IA, Section 1, XI.B. for half-day 23programs for four-year-olds shall be distributed based on the prior year number of students in kindergarten eligible for free and 24reduce price lunch, however, no district shall receive less than 90 percent of the amount it received in the prior fiscal year. 25 1A.14. (SDE-EIA: XI.A.3. African-American History) Funds provided for the development of the African-American History 26curricula may be carried forward into the current fiscal year to be expended for the same purpose. 27 1A.15. (SDE-EIA: XI.C.3-Course Reimbursement/Teachers) Funds appropriated for EIA-Critical Teacher needs must be used 28for courses which support instructional techniques and strategies in keeping with the professional development plans. These funds 29may be used for courses which support the education of students with disabilities or special needs in the regular classroom. School 30districts may require and collect a deposit from teachers enrolling in courses that support the areas identified above. Upon 31completion of the course any deposit collected shall be returned to the teacher having made the deposit. 32 1A.16. (SDE-EIA: XI.C.2-Critical Teaching Needs/Roper Mountain) Of the funds appropriated in Part IA, Section 1, XI.C.2. 33for Critical Teaching Needs, $250,000 shall be disbursed to the Roper Mountain Science Center for summer workshops for public 34school science teachers. Funds disbursed to the Roper Mountain Science Center may be carried forward. 35 1A.17. (SDE-EIA: XI.C.2-Teacher Evaluations, XI.F.2- Implementation/Education Oversight) The Department of Education 36shall provide a review of the evaluation results for teachers employed under induction, annual, and continuing contracts to be 1 PAGE 128 2 1presented by September 30, annually, to the State Board of Education and the Education Oversight Committee. The Department of 2Education is directed to oversee the evaluation of teachers at the School for the Deaf and the Blind, the John de la Howe School 3and the Department of Juvenile Justice under the ADEPT model. 4 1A.18. (SDE-EIA: XI.C.2.-Teacher Salaries/SE Average) The projected Southeastern average teacher salary shall be the 5average of the average teachers salaries of the southeastern states as projected by the Division of Budget and Analyses. For the 6current school year the Southeastern average teacher salary is projected to be $43,691 $45,179. It is the intent of the General 7Assembly to exceed the Southeastern average teacher salary as projected by $300. The General Assembly remains desirous of 8raising the average teacher salary in South Carolina through incremental increases over the next few years so as to make such 9equivalent to the national average teacher salary. 10 Funds appropriated in Part IA, Section 1, XI.C.2. for Teacher Salaries must be used to increase salaries of those teachers eligible 11pursuant to Section 59-20-50 (b), to include classroom teachers, librarians, guidance counselors, psychologists, social workers, 12occupational and physical therapists, school nurses, orientation/mobility instructors, and audiologists in the school districts of the 13state. 14 1A.19. (SDE-EIA: XI.F.2-Teacher Salaries/State Agencies) Each state agency which does not contain a school district but has 15instructional personnel shall receive an allocation from the line item “Alloc. EIA - Teacher/Other Pay” in Part IA, Section 1, 16XI.F.2. for teachers salaries based on the following formula: Each state agency shall receive such funds as are necessary to adjust 17the pay of all instructional personnel to the appropriate salary provided by the salary schedules of the school district in which the 18agency is located. Instructional personnel may include all positions which would be eligible for EIA supplements in a public 19school district, and may at the discretion of the state agency, be defined to cover curriculum development specialists, educational 20testing psychologists, psychological and guidance counselors, and principals. The twelve-month agricultural teachers located at 21Clemson University are to be included in this allocation of funds for base salary increases. The South Carolina Governor’s School 22for the Arts and Humanities and the South Carolina Governor’s School for Science and Mathematics are authorized to increase the 23salaries of instructional personnel by an amount equal to the percentage increase given by the School District in which they are 24both located. 25 The funds appropriated herein in the line item “Alloc. EIA-Teacher/Other Pay” must be distributed to the agencies by the 26Budget and Control Board. 27 1A.20. (SDE-EIA: XI.A.1-Tech Prep Work-Based Learning) Of the funds appropriated in Part IA, Section 1, XI.A.1. for the 28Tech Prep Work-based Learning Program, $75,000 shall be used by the State Department of Education, through the Tech Prep 29Consortia Regional Education Centers mandated by the Education and Economic Development Act, to provide for professional 30development in applied techniques and integration of curriculum, and professional development in career guidance for teachers and 31guidance counselors and training mentors. In addition, $500,000 shall be allocated for Career Counseling Specialists in the Tech 32Prep Consortia Regional Education Centers. Each Career Specialist shall (1) be housed within a consortium as determined by the 33local Tech Prep/School to Work Consortium the regional centers geographic area, (2) provide career development activities 34throughout all schools within the consortium region, (3) be under the program supervision of the Office of Career and Technology 35Education, State Department of Education, and (4) adhere to an accountability and evaluation plan created by the Office of Career 36and Technology Education, State Department of Education. The Office of Career and Technology Education, State Department of 1 PAGE 129 2 1Education, shall provide a report, in February of the current fiscal year to the Senate Finance Committee and the House Ways and 2Means Committee on accomplishments of the Career Counseling Specialists. Of the funds appropriated in the prior fiscal year, 3unexpended funds may be carried forward to the current fiscal year and expended for the same purposes. 4 1A.21. (SDE-EIA: XI.E.1-Principal Salary Supplements) Funds appropriated in Part IA, Section 1, XI.E.1. for salary 5supplements for principals and accompanying employer contributions must be distributed to school districts based on average daily 6membership (ADM). Each school district shall distribute the funds as salary supplements in addition to existing compensation 7equally among principals and assistant principals employed by the district. 8 1A.22. (SDE-EIA: XI.E.2.-Evaluation/EIA Programs) Of the funds appropriated in Part IA, Section 1, XI.E.2. for EIA 9Implementation, Other Operating Expenses, $349,124 may only be used by the State Department of Education to support its 10contracted program evaluations and the conduct of the State Board of Education’s annual assessment of EIA-funded education 11reforms and the related report, pursuant to Section 59-6-12. Of the remaining funds appropriated in Part IA, Section 1, XI.E.2. for 12EIA Implementation, Other Operating Expenses shall be used to support the continuation of program and policy evaluations and 13studies and to support the state’s participation in the Middle Grades Project, at no less than $100,000. Provided further, for the 14current fiscal year, $100,000 shall be provided to the South Carolina Educational Policy Center for collaborative projects with the 15Department of Education and the Education Oversight Committee to provide research based information and consultation services 16on technical issues related to establishing a more thorough accountability system for public schools, school districts, and the K-12 17education system. 18 1A.23. (SDE-EIA: XI.F.2-CHE/Teacher Recruitment) Of the funds appropriated in Part IA, Section 1, X1.F.2. for the Teacher 19Recruitment Program, the S.C. Commission on Higher Education shall distribute a total of $5,404,014 to the Center for Educator 20Recruitment, Retention, and Advancement (CERRA-South Carolina) for a state teacher recruitment program, of which $4,200,000 21must be used for the Teaching Fellows Program and of which $166,302 must be used for specific programs to recruit minority 22teachers, and shall distribute $467,000 to S.C. State University to be used only for the operation of a minority teacher recruitment 23program and therefore shall not be used for the operation of their established general education programs. Working with districts 24with an absolute rating of Unsatisfactory or Below Average, CERRA will provide shared initiatives to recruit and retain teachers to 25schools in these districts. CERRA will report annually by October 1 to the Education Oversight Committee and the Department of 26Education on the success of the recruitment and retention efforts in these schools. The S.C. Commission on Higher Education 27shall ensure that all funds are used to promote teacher recruitment on a statewide basis, shall ensure the continued coordination of 28efforts among the three teacher recruitment projects, shall review the use of funds and shall have prior program and budget 29approval. The S.C. State University program, in consultation with the Commission on Higher Education, shall extend beyond the 30geographic area it currently serves. Annually, the Commission on Higher Education shall evaluate the effectiveness of each of the 31teacher recruitment projects and shall report its findings and its program and budget recommendations to the House and Senate 32Education Committees, the State Board of Education and the Education Oversight Committee by October 1 annually, in a format 33agreed upon by the Education Oversight Committee and the Department of Education. 34 1A.24. (SDE-EIA: XI.F.2-Disbursements/Other Entities) Notwithstanding the provisions of Sections 2-7-66 and 11-3-50, S.C. 35Code of Laws, it is the intent of the General Assembly that funds appropriated in Part IA, Section 1, XI.F.2. Other State Agencies 36and Entities shall be disbursed on a quarterly basis by the Department of Revenue directly to the state agencies and entities 1 PAGE 130 2 1referenced except for the Teacher Loan Program, Centers of Excellence, the Education Oversight Committee and School 2Technology, which shall receive their full appropriation at the start of the fiscal year from available revenue. The Comptroller 3General’s Office is authorized to make necessary appropriation reductions in Part IA, Section 1, XI.F.2. to prevent duplicate 4appropriations. If the Education Improvement Act appropriations in the agency and entity respective sections of the General 5Appropriations Act at the start of the fiscal year do not agree with the appropriations in Part IA, Section 1, XI.F.2. Other State 6Agencies and Entities, the “other funds” appropriations in the respective agency and entity sections of the General Appropriations 7Act will be adjusted by the Comptroller General’s Office to conform to the appropriations in Part IA, Section 1, XI.F.2. Other State 8Agencies and Entities. 9 1A.25. (SDE-EIA: XI.A.1-Arts in Education) Funds appropriated in Part IA, Section 1, XI.A.1. Arts Curricula shall be used to 10support arts education curriculum in the visual and performing arts which incorporates strengths from the Arts in Education pilot 11sites. These funds shall be distributed under a competitive grants program; however, up to 33% of the total amount of the grant 12fund shall be made available as “Aid to Other Agencies” to facilitate the funding of professional development arts institutes that 13have been approved by the State Department of Education for S.C. arts teachers and appropriate classroom teachers. Arts 14Curricular Grants funds may be retained and carried forward into the current fiscal year to be expended in accordance with the 15proposed award. 16 1A.26. (SDE-EIA: XI.B-Parenting/Family Literacy) Funds appropriated in Part IA, Section 1, X1.B. for the Parenting/Family 17Literacy Programs and allocated to the school districts for parenting projects in the prior fiscal year may be retained and expended 18by the school districts for the same purpose during the current fiscal year. These funds must be allocated only to school districts 19that provide comprehensive family literacy programs which address intergenerational cycles of poverty through adult education, 20early childhood education and parenting programs. Furthermore, any school district that does not provide the evaluation 21information necessary to determine effective use as required by Section 59-139-10(A)(1) and by regulation is not eligible to 22receive additional funding until the requested data is provided. The minimum amount allocated to a district shall be $35,000. Of 23the funds appropriated in Part IA, Section 1, XI.B. for the Parenting/Family Literacy $200,000 must be used for the Accelerated 24Schools Project at the College of Charleston and $100,000 is to be used for the South Carolina Urban Leagues state-wide parental 25involvement programs. 26 1A.27. (SDE-EIA: XI.B.-Parenting/Family Literacy/Communities- In-Schools) Notwithstanding any other provision of law, the 27State Department of Education shall transfer $200,000 from the funds appropriated in Part IA, Section 1, X1.B. Parenting/Family 28Literacy to Communities-In-Schools. These funds are to be utilized to provide technical assistance to local communities in 29establishing Communities-In-Schools programs statewide. Communities-In-Schools will provide annual reports to the State 30Department of Education which will include: budget expenditure data, a listing of the communities served and the services 31provided. 32 1A.28. (SDE-EIA: XI.C.2-National Board Certification Incentive) Public school classroom teachers or classroom teachers who 33work with classroom teachers who are certified by the State Board of Education and who have been certified by the National Board 34for Professional Teaching Standards shall be paid a $7,500 salary supplement in the year of achieving certification. Teachers 35employed at the special schools shall be eligible for this $7,500 salary supplement. The special schools include the Governor’s 36School for Science and Math, Governor’s School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe 1 PAGE 131 2 1School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice and Palmetto Unified School District 1. The 2$7,500 salary supplement shall be added to the annual pay of the teacher for the length of the national certificate. However, the 3$7,500 supplement shall be adjusted on a pro rata basis for the teacher’s FTE and paid to the teacher in accordance with the 4district’s payroll procedure. The Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) shall 5develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching 6Standards for certification may receive a loan equal to the amount of the application fee. One-half of the loan principal amount and 7interest shall be forgiven when the required portfolio is submitted to the national board. Teachers attaining certification within 8three years of receiving the loan will have the full loan principal amount and interest forgiven. Teachers who previously submitted 9a portfolio to the National Board for Professional Teaching Standards for certification under previous appropriation acts, shall 10receive reimbursement of their certification fee as prescribed under the provisions of the previous appropriation act. Of the funds 11appropriated in Part IA, Section 1, XIII.A. for National Board Certification, the State Department of Education shall transfer to the 12Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) the funds necessary for the 13administration of the loan program. In addition, teachers who are certified by the National Board for Professional Teaching 14Standards shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for national 15board certification. National board certified teachers moving to this State who hold a valid standard certificate from their sending 16state are exempted from initial certification requirements and are eligible for a professional teaching certificate and continuing 17contract status. Their recertification cycle will be consistent with national board certification. 18 Provided, further, that in calculating the compensation for teacher specialists, the State Department of Education shall include 19state and local compensation as defined in Section 59-18-1530 to include local supplements except local supplements for National 20Board certification. Teacher specialists remain eligible for state supplement for National Board certification. 21 Teachers who begin the application process after July 1, 2007 and who teach in schools which have an absolute rating of below 22average or unsatisfactory shall be eligible for full forgiveness of all assessment fees upon submission of all required materials for 23 certification, regardless of whether certification is obtained. The forgiveness of all assessment fees will be at the rate of 33% for 24each year of full time teaching in the schools which have an absolute rating of below average or unsatisfactory. 25 1A.29. (SDE-EIA: XI.C.3-CSO Mathematics and Science Unit) The funds appropriated in Part IA, Section 1, XI.C.3. shall be 26used for Mathematics and Science Centers which support improvements in mathematics and science through resources and 27professional development in instructional techniques and strategies, use of technology in the classroom, leadership, content in 28subject areas and assessment. These efforts will be coordinated with programs such as Tech Prep Consortia using applied learning 29techniques which will improve classroom instruction in mathematics and science. 30 1A.30. (SDE: XI-Defined Program Personnel Requirements) Administrative positions requiring State Board of Education 31teacher or administrator certification, may only be filled by individuals receiving a W-2 (or other form should the Internal Revenue 32Service change the individual reporting form to another method) from the hiring school district. Any public school district or 33special school that hires a corporation, partnership, or any other entity other than an individual to fill such positions will have its 34EFA and or EIA allocation reduced by the amount paid to that corporation, partnership, or other entity. Compliance with this 35requirement will be made part of the single audit process of local public school districts as monitored by the State Department of 1 PAGE 132 2 1Education. Temporary instructional positions for special education, art, music, critical shortage fields as defined by the State 2Board of Education, as well as temporary positions for grant writing and testing are excluded from this requirement. 3 1A.31. (SDE-EIA: XI.A.1-Autism Parent-School Partnership Program) From funds appropriated for Services For Students with 4Disabilities, $350,000 shall be provided to the South Carolina Autism Society for the Parent-School Partnership Program. 5 1A.32. (SDE-EIA: XI.C.3-Professional Development on Standards) These funds shall be used for professional development for 6certificated instructional and instructional leadership personnel in grades kindergarten through 12 in the academic areas for which 7SBE standards documents have been approved to better link instruction and lesson plans to the standards and to any state-adopted 8readiness assessment tests, develop classroom assessments consistent with the standards and PACT-style testing, and analyze 9PACT results for needed modifications in instructional strategies. No more than five percent of the funds appropriated for 10professional development may be retained by the Department of Education for administration of the program; however, with the 11funds allocated to districts for professional development, districts may choose to purchase professional development services 12provided by the Department of Education. Funds may also be expended for certificated instructional and instructional leadership 13personnel in grades six through twelve to achieve competency in teaching reading to students who score below proficient on the 14reading assessment of PACT. Provided further, that $250,000 of the funds allocated to professional development must be provided 15to the Department of Education to implement successfully the South Carolina Readiness Assessment by creating a validation 16process for teachers to ensure reliable administration of the assessment, providing professional development on effective utilization 17and establishing the relationship between the readiness measure and third grade standards-based assessments. Multi-day work 18sessions shall be provided around the state during the summer and during the fall and winter using staff development days, teacher 19workdays, two of the remaining professional development days shall be set aside specifically for the preparation and opening of 20schools. District instructional leaders, regional service centers, consortia, department personnel, university faculty, contracted 21providers, and the resources of ETV may be used as appropriate to implement this intensive professional development initiative. 22Teachers participating in this professional development shall receive credit toward recertification according to State Board of 23Education guidelines. Funds provided for professional development on standards may be carried forward into the current fiscal 24year to be expended for the same purpose. No less than twenty-five percent of the funds allocated for professional development 25should be expended on the teaching of reading which includes teaching reading across content areas in grades three through eight. 26 1A.33. (SDE-EIA: XI.C.2-Teacher Supplies) From the funds appropriated, all certified public school, certified special school 27classroom teachers, certified media specialists, and certified guidance counselors who are employed by a school district or a charter 28school as of November 30 of the current fiscal year, shall receive reimbursement of two hundred fifty dollars each school year to 29offset expenses incurred by them for teaching supplies and materials. Funds shall be disbursed by the department to School 30districts by July 15 based on the last reconciled Professional Certified Staff (PCS) listing from the previous year. Any deviation in 31the PCS and actual teacher count will be reconciled by December 31 or as soon as practicable thereafter. School districts shall 32disburse these funds in a manner separate and distinct from their payroll check on the first day teachers, by contract, are required to 33be in attendance at school for the current contract year. This reimbursement shall not be considered by the state as taxable income. 34Special schools include the Governor’s School for Science and Math, the Governor’s School for the Arts and Humanities, Wil Lou 35Gray Opportunity School, John de la Howe School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice, 36and Palmetto Unified School District. Funds distributed to school districts or allocated to schools must not supplant existing 1 PAGE 133 2 1supply money paid to teachers from other sources. If a school district requires receipts for tax purposes the receipts may not be 2required before December 31. Districts that do not wish to require receipts may have teachers retain the receipts and certify for the 3district they have received the $250 for purchase of teaching supplies and/or materials and that they have purchased or will 4purchase supplies and/or materials during the fiscal year for the amount of $250. Districts shall not have an audit exception related 5to non-retention of receipts in any instances where a similar instrument is utilized. Any district requiring receipts must notify any 6teacher from whom receipts have not been submitted between November 25 and December 6 that receipts must be submitted to the 7district. Districts may not add any additional requirement not listed herein related to this reimbursement. The department must 8withhold Act 135 funds from any district while in non-compliance with this provision. Any funds not disbursed to teachers may 9not be retained by the districts and must be returned to the department. 10 1A.34. (SDE-EIA: XI.E.1-Principal Executive/Leadership Institute Carry Forward) Prior fiscal year funds appropriated in Part 11IA, Section 1, XI.E.1. for the Principal Executive/Leadership Institute may be carried forward into the current fiscal year and 12expended for the same purpose. The Institute and all principal evaluation and induction programs must include training for the key 13role that principals have in supervising the teaching of reading and instilling the importance of literacy in public schools. 14 1A.35. (SDE-EIA: XI.C.2-Teacher of the Year Awards) Of the funds provided herein for Teacher of the Year Awards, each 15district Teacher of the Year shall receive an award of $1,000. In addition, the State Teacher of the Year shall receive an award of 16$25,000, and each of the four Honor Roll Teachers of the Year will receive an award of $10,000. To be eligible, districts must 17participate in the State Teacher of the Year Program sponsored by the State Department of Education. 18 1A.36. (SDE-EIA: XI-State of Emergency District) Notwithstanding any other provision of law, funds may be used for retired 19educators serving as teacher specialists, principal specialists, principal leaders, or curriculum specialists on site in districts in which 20a state of emergency is declared. These educators may be hired as a principal specialist in a state of emergency district for up to 21four years. 22 1A.37. (SDE-EIA: Specialists in Unsatisfactory Schools) Notwithstanding any other provision of law, the State Department of 23Education may assign teacher specialists, principal specialists, principal leaders, and curriculum specialists to schools designated as 24unsatisfactory or below average according to the enrollment of the school and as recommended by the review team. Teacher 25specialists may be assigned to kindergarten level, if recommended by the review team. Furthermore, the average number of 26teacher specialists assigned to schools may not exceed five. Teacher specialists may be placed across grade levels and across core 27subject areas when placement meets program criteria based on external review team recommendations, need, number of teachers 28receiving support, and certification and experience of the specialist. A teacher specialist may be assigned to support classroom 29teachers in the areas of special education and limited English proficiency when warranted by the needs of the student population, 30recommended by an external review team and approved by the State Board of Education. Teacher specialists are limited to three 31years of service at one school unless the specialist submits application for an extension and that application is accepted by the State 32Department of Education and placement is made. Upon acceptance and placement, the specialist can receive the salary and 33supplement for two additional years, but is no longer attached to the sending district or guaranteed placement in the sending district 34following tenure in the program as provided in Section 59-18-1530 (F) of the South Carolina Code of Laws. Teacher specialist 35funds may be carried forward from the prior fiscal year into the current fiscal year for the Teacher Specialists On-Site Program. A 36principal specialist may be continued for a third year if requested by the local school board, recommended by the external review 1 PAGE 134 2 1team, and approved by the State Board of Education. For the third year, only the principal specialist salary supplement will be paid 2by the State. 3 1A.38. (SDE-EIA: XI-Accreditation System) The State Board of Education and Department of Education, in developing the 4criteria for the new accreditation system mandated by Section 59-18-710, shall consider including as an area the functioning of 5school improvement councils and other school decision-making groups and their participation in the school planning process in 6accordance with state requirements. 7 1A.39. (SDE-EIA: XI.A.3-Institute of Reading) The funds appropriated for the Institute of Reading must be used to implement 8a comprehensive approach to improving the reading abilities of students in the middle grades and accelerating the learning of 9middle grade students reading below grade level with strategies based on best practice and providing targeted assistance shown by 10research to help these students to read at grade level. Funds may also be used in the same manner for high school grades. 11 1A.40. (SDE-EIA: EOC) The Education Oversight Committee may collect, retain and expend revenue from conference 12registration and fees; charges for materials supplied to local school districts or other entities not otherwise mandated to be provided 13by state law; and from other activities or functions sponsored by the committee including public awareness campaign activities. 14Any unexpended revenue from these sources may be carried forward into the current fiscal year and expended for the same 15purposes. The Education Oversight Committee is permitted to utilize the funds appropriated to it to fund programs promoting the 16teaching of economic education in South Carolina. 17 1A.41. (SDE-EIA: Professional Development) With the funds appropriated for professional development, the Department of 18Education must disseminate the South Carolina Professional Development Standards, establish a professional development 19accountability system, and provide training to school leadership on the professional development standards, also training must be 20provided to educators on assessing student mastery of the content standards. The State Department of Education shall revise 21professional development activities and programs, including professional development on the standards, the SC Reading Initiative, 22and programs for administrators, to include emphasis on strategies and services for students at risk of retention. The State 23Department of Education shall provide information on the activities and programs and measures to gauge their effectiveness to the 24State Board of Education and the Education Oversight Committee by January 1. 25 1A.42. (SDE-EIA: Principal Specialists) For each principal specialist funded and designated to a school district, the school 26district may designate an apprentice to work with the specialist. 27 1A.43. (SDE-EIA: Report Card Printing) The State Department of Education is prohibited from printing the Annual School and 28District Report Card in any other color other than black and white. School districts must advertise the results of their schools’ 29report cards in an audited newspaper of general circulation in their geographic area within 45 days. If the audited newspaper has 30previously published the entire report card results as a news item, this requirement is waived for the school and district. 31Notwithstanding Section 59-18-930, the requirement to mail school and district report cards is suspended and report cards may be 32sent home with the students. The parent survey required by Section 59-28-190 may be sent home with the students and the 33department must use the results of the parent survey to report parent perceptions on the school report cards. 34 1A.44. (SDE-EIA: Technical Assistance) Notwithstanding any other provision of law, and in order to best meet the needs of 35low-performing schools, funds appropriated for homework centers, teacher specialists, principal specialists, retraining grants, 36technical assistance to below average schools, and principal leaders technical assistance to schools with an absolute rating of 1 PAGE 135 2 1below average or unsatisfactory on the most recent annual school report card must be allocated accordingly. First, a school 2initially designated as unsatisfactory or below average on the current year’s report card must receive by January 1, up to $10,000 3from the funds appropriated for technical assistance and must expend the funds for planning purposes in accordance with Section 459-18-1560 of the 1976 Code. Furthermore, any school that does not provide the evaluation information necessary to determine 5effective use as required by Section 59-18-1560 of the 1976 Code, is not eligible to receive additional funding until the requested 6data is provided. Schools receiving an absolute rating of below average must submit to the Department of Education a school 7renewal plan that includes actions consistent with each of the alternative researched-based technical assistance criteria as approved 8by the Education Oversight Committee and the Department of Education. The school renewal plans may include compensation 9incentives to provide salary supplements to classroom teachers who are certified by the State Board of Education and who have 10obtained an Advanced Degree. The purpose of these compensation packages is to improve the recruitment and retention of 11teachers with Advanced Degrees in underperforming schools. If the school renewal plans are approved, schools would be 12permitted to use technical assistance funds to provide these salary supplements. Upon approval of the plans by the Department of 13Education and the State Board of Education, the school will receive an allocation of not less than $75,000, taking into 14consideration the enrollment of the schools. The funds must be expended on strategies and activities as expressly outlined in the 15school renewal plan which may include, but are not limited to, professional development, the Teacher Advancement Program 16(TAP), homework centers, diagnostic testing, supplement supplemental health and social services, or comprehensive school reform 17efforts. The schools will work with the Department of Education to broker the services of technical assistance personnel as needed 18and as stipulated in the school renewal plan. Funds not expended in the current prior fiscal year may be carried forward and 19expended for the same purpose in the next current fiscal year. It is intended that the technical assistance will be provided for a 20minimum of three years in order to implement fully systemic reform and to provide opportunity for building local education 21capacity. Furthermore, schools and school districts must use these technical assistance funds to augment or increase, not to 22replace local or state revenues that would have been used if the technical assistance funds had not been made available. Schools 23and school districts may use technical assistance funds only to supplement, and to the extent practical, increase the level of funds 24that would be made available from other revenue sources for these schools. A school or district may not use these technical 25assistance funds to supplant funds from other sources. 26 Schools receiving an absolute rating of unsatisfactory will be provided an external review team evaluation. Based upon the 27external review team evaluation, the schools must submit to the Department of Education a school renewal plan that includes 28actions consistent with the alternative research-based technical assistance criteria as approved by the Education Oversight 29Committee and the Department of Education. Upon approval of the plan by the Department of Education and the State Board of 30Education, the schools will receive an allocation of not less than $250,000, taking into consideration the enrollment of the schools 31and the recommendations of the external review team. The funds must be expended on strategies and activities as expressly 32outlined in the school renewal plan which may include, but are not limited to, professional development, the Teacher Advancement 33Program (TAP), homework centers, diagnostic testing, supplement supplemental health and social services, or comprehensive 34school reform efforts. The schools will work with the Department of Education to broker the services of technical assistance 35personnel as needed and as stipulated in the school renewal plan. Funds not expended in the current prior fiscal year may be 36carried forward and expended for the same purpose in the next current fiscal year. It is intended that the technical assistance will 1 PAGE 136 2 1be provided for a minimum of three years in order to implement fully systemic reform and to provide opportunity for building local 2education capacity. 3 With the funds appropriated to the Department of Education for technical assistance services, the department will assist schools 4with an absolute rating of unsatisfactory or below average in designing and implementing school renewal plans and in brokering 5for technical assistance personnel as needed and as stipulated in the school renewal plan. Teacher specialists may be placed across 6grade levels and across core subject areas when placement meets program criteria based on external review team 7recommendations, need, number of teachers receiving support, and certification and experience of the specialist. Teacher 8specialists are limited to three years of service at one school unless the specialist submits application for an extension and that 9application is accepted by the Department of Education and placement is made. Upon acceptance and placement, the specialist 10can receive the salary and supplement for two additional years, but is no longer attached to the sending district or guaranteed 11placement in the sending district following tenure in the program as provided in Section 59-18-1530(F) of the 1976 Code. The 12 criteria for selecting alternate research-based technical assistance are to be those previously approved by the Education 13Oversight Committee and the Department of Education. The School Improvement Council Assistance will coordinate with the 14department to target schools and school districts designated as unsatisfactory. The department shall coordinate with and monitor 15the services provided to the schools and districts by the School Improvement Council Assistance. In addition, the department must 16monitor the expenditure of funds and the academic achievement in schools receiving these funds and report to the General 17Assembly and the Education Oversight Committee by January 1 of 2007 and then by January 1 of each fiscal year following as the 18General Assembly may direct. No more than five percent of the total amount appropriated for technical assistance services to 19schools with an absolute rating of Unsatisfactory or Below Average may be retained and expended by the department for 20implementation of technical assistance services. Furthermore, of the funds appropriated for technical assistance, $930,000 shall 21be used for the National About Face Pilot Program. 22 1A.45. (SDE-EIA: Proviso Allocations) The State Department of Education may reduce by up to 10%, any allocation in Section 231A specifically designated by proviso in the event an official EIA revenue shortfall is declared by the BEA. No allocation for 24teacher salaries shall be reduced as a result of this proviso. 25 1A.46. (SDE-EIA: School Districts and Special Schools Flexibility) All school districts and special schools of this State may 26transfer up to one hundred percent of funds between programs to any instructional program provided the funds are utilized for 27direct classroom instruction. 28 The South Carolina Department of Education must establish a procedure for the review of all transfers authorized by this 29provision. The details of such transfers must be provided to members of the General Assembly upon request. School districts and 30special schools may carry forward unexpended funds from the prior fiscal year into the current fiscal year to be used for the same 31purpose. All transfers executed pursuant to this provision must be completed by May first of the current fiscal year. All school 32districts and special schools of this State may expend funds received from the Children’s Education Endowment Fund for school 33facilities and fixed equipment assistance, for any instructional program. The Education Oversight Committee shall review the 34utilization of the flexibility provision to determine how it enhances or detracts from the achievement of the goals of the educational 35accountability system, including the ways in which school districts and the state organize for maximum benefit to classroom 36instruction, priorities among existing programs and services, and the impact on short, as well as, long-term objectives. The State 1 PAGE 137 2 1Department of Education shall provide the reports on the transfers to the Education Oversight Committee for the comprehensive 2review. This review shall be provided to the members of the General Assembly annually. Any grant or technical assistance funds 3allocated directly to an individual school may not be reduced or reallocated within the school district and must be expended by the 4receiving school only according to the guidelines governing the funds. 5 1A.47. (SDE-EIA: XI.A.4-Retraining Grants) Funds appropriated for retraining grants in the prior fiscal year may be retained 6and expended during the current fiscal year by the schools that were awarded the grants during the prior fiscal year for the same 7purpose. Funds appropriated for Retraining Grants may be used for training for superintendents and school board members. 8Beginning with the 2004 annual school report card, a school initially designated as unsatisfactory or below average on the current 9year’s report card must receive by January 1, $10,000 from the funds appropriated for Retraining Grants and must expend the 10funds for planning purposes in accordance with Section 59-18-1560. The school is then eligible to receive additional retraining 11grant allocations in the following three school years in accordance with Section 59-18-1560 provided that the school meets the 12guidelines developed by the Department. A school designated as unsatisfactory or below average for consecutive years may 13combine the additional retraining grants allocations and homework center allocations for professional development or for extended 14school day in accordance with the school’s improvement plan. Furthermore, any school that does not provide the evaluation 15information necessary to determine effective use as required by Section 59-18-1560 is not eligible to receive additional funding 16until the requested data is provided as outlined in the program guidelines. 17 1A.48. (SDE-EIA: XI.F.2-School Improvement Council Assistance) The School Improvement Council Assistance will 18coordinate with the department to target schools and school districts designated as unsatisfactory. The department shall coordinate 19with and monitor the services provided to the schools and districts by the School Improvement Council Assistance. 20 1A.49. (SDE-EIA: Critical Geographic Area) Notwithstanding the provision of Section 59-26-20(j) for those students seeking 21loan cancellation under the Teacher Loan Program after July 1, 2004, “critical geographic area” shall be defined as schools that 22have an absolute rating of below average or unsatisfactory, schools where the average teacher turnover rate for the past three years 23is 20 percent or higher, or schools that meet the poverty index criteria at the 70 percent level or higher. The list shall also include 24special schools, alternative schools, and correctional centers as identified by the State Board of Education. After July 1, 2005, 25students shall have their loan canceled based on those schools or districts designated as a critical geographic area at the time of 26employment. The definition of critical geographic area shall not change for those students who are in the process of having a loan 27canceled, on or before June 30, 2005. Beginning in Fiscal Year 2005-06 the maximum loan amount will be increased to an amount 28not to exceed $20,000. 29 1A.50. (SDE-EIA: Unallocated Funds for Teacher Specialists) The Department of Education shall develop procedures and 30establish a timeline so schools that receive an unsatisfactory rating or a below average rating on the annual report card are given an 31option to choose technical assistance offered by the department that includes teacher specialists, principal specialists and other 32personnel assigned under the tiered system or alternative research-based technical assistance. Criteria for selecting alternative 33research-based technical assistance are to be approved by the Education Oversight Committee and the Department of Education. 34For the current school year, the department may utilize a supplemental alternative technical assistance program in a state of 35emergency school district. The funds appropriated for alternative research-based technical assistance must be allocated to below 36average and unsatisfactory schools based upon the school’s enrollment and school type with no school receiving less than 1 PAGE 138 2 1$100,000 or more than $300,000 annually. Furthermore, it is the intent that the alternative research-based technical assistance will 2be provided for a minimum of three years in order to implement fully systemic reform and to provide opportunity for building local 3education capacity. The Education Oversight Committee, in cooperation with the Department of Education and with the schools 4and school districts participating in the alternative technical assistance programs, will monitor the effectiveness of the alternative 5technical assistance program. 6 1A.51. (SDE-EIA: Teacher Salary Supplement) The department is directed to carry forward prior year unobligated teacher 7salary supplement and related employer contribution funds into the current fiscal year to be used for the same purpose. 8 1A.52. (SDE-EIA: EAA Summer School, Grades 3-8) Funds appropriated for summer school shall be allocated to each local 9public school district based on the number of academic subject area scores below the basic on the prior year Spring PACT 10administration for students in grades three through eight and on the number of students entering ninth grade who score below 11proficient in reading. Individual student scores on the PACT shall not be the sole criterion used to determine whether a student on 12an academic plan the prior year will be placed on probation or retained. Individual student scores on the PACT shall not be the 13sole criterion for requiring students to attend summer school. School districts may consider other factors such as student 14performance, teacher judgment, and social, emotional, and physical development in placing students on academic probation or 15requiring summer school attendance. Students may not be placed on academic probation or retained based solely on the PACT 16scores. The State Department of Education working with the Education Oversight Committee must develop a method to 17supplement the PACT with diagnostic training and materials aligned to the content standards. Current year appropriations may be 18expended for prior year EAA summer school purposes. Local public school districts shall utilize these funds in accordance with 19the requirements of Section 59-18-500 of the 1976 Code. The State Department of Education is directed to utilize PACT-like tests 20aligned with standards to be administered to students on academic probation required to attend summer school. The test shall be a 21determinate in judging whether the student has the skills to succeed at the next grade level. The State Board of Education shall 22establish regulations to define the extenuating circumstances including death of an immediate family member or severe long-term 23student illness, under which the requirements of Section 59-18-900(D) may be waived. Furthermore, the Department of Education, 24working with and through the SC Afterschool Alliance, will provide $250,000 to produce a model of voluntary quality standards 25for out-of-school time programs, develop a directory of technical assistance, and identify gaps of service. 26 1A.53. (SDE-EIA: Alternative School Waiver Requirement) Notwithstanding any other provision of law, alternative schools 27may receive funding if they meet the standards to qualify for a waiver from the Department of Education established in Section 59- 2863-1310 for site requirements for the current fiscal year. 29 1A.54. (SDE-EIA: Class Size Reduction-Grade One) School districts which choose to reduce class size to fifteen-to-one in 30grades one through three shall be eligible for funding for the reduced pupil-teacher ratios from funds provided by the General 31Assembly for this purpose. 32 1A.55. (SDE-EIA: National About Face Pilot Program) Of the funds appropriated to the Department of Education for 33homework centers, $610,000 shall be used for the National About Face Pilot Program. 34 1A.56. (SDE-EIA: High Schools That Work Programs) The Department of Education must report annually by December 1, to 35the Governor, the Chairman of the Senate Finance Committee, Chairman of the House Ways and Means Committee, the Chairman 36of the Senate Education Committee, and the Chairman of the House Education and Public Works Committee on the High Schools 1 PAGE 139 2 1that Work Programs’ progress and effectiveness in providing a better prepared workforce and student success in post-secondary 2education. The department, school districts, and special schools may carry forward unexpended funds from the prior fiscal year 3into the current fiscal that were allocated for High Schools That Work. 4 1A.57. (SDE-EIA: PSAT/PLAN Reimbursement) Funds appropriated for assessment shall be used to pay for the administration 5of the PSAT or PLAN test to tenth grade students to include the testing fee and report fee. The department is authorized to carry 6forward into the current fiscal year, prior year state assessment funds for the purpose of paying for state assessment activities not 7completed by the end of the fiscal year including the scoring of the spring PACT assessment. 8 1A.58. (SDE-EIA: EAA Report Card Criteria) The Education Oversight Committee may base ratings for school districts and 9high schools on criteria that include graduation from high school with a state high school diploma and ratings may be based on 10criteria aligned with workforce needs including, but not limited to, exit examination performance and other criteria identified by 11technical experts and appropriate groups of educators and workforce advocates. For other schools without standard-based 12assessments the ratings may be based upon criteria identified by technical experts and appropriate groups of educators. All ratings 13criteria must be approved by the Education Oversight Committee. 14 1A.59. (SDE-EIA: Excellence in Middle School Initiative) Funds appropriated for the Excellence in Middle Schools Initiative 15shall be used to continue to fund the number of guidance counselors, school safety officers and/or school nurses in middle/junior 16high schools. The funding allocation shall be based proportionately on the number of middle/junior high schools in each district. 17 1A.60. (SDE-EIA: After School Program/Homework Centers Allocation) The Department of Education is authorized to allocate 18after school program/homework center funds first, by establishing an equitable base amount for unsatisfactory schools; second, by 19establishing an equitable base amount for below average schools; and third, by allocating any remaining funds based on the ADM 20of below average schools. By November 1 of the fiscal year, schools receiving funds for homework centers must report to the 21Department of Education and to the Education Oversight Committee on changes in the PACT-English Language Arts scores in 22both reading and writing of students who were participants in the homework centers during the prior school year. 23 1A.61. (SDE-EIA: Early Childhood Review) From the funds appropriated for EIA Four-Year-Old Early Childhood, the 24Department of Education shall utilize up to $300,000 to institute a plan for reviewing, on a district basis, early childhood assets of 25schools and districts based on 4K entry DIAL 3 scores, and South Carolina Readiness Assessment Reports. To accomplish this, 26the department shall use reports that analyze program assets and provide guidance to local schools on the effective use of the 27reports to enhance quality gaps. Children will be tracked from early childhood programs to fifth grade and beyond to study the 28relationships of strong early childhood programs and increased performance on PACT, decreased drop out scores, decreased 29referral for special education programs, and increased graduation rates. This review may not be used as a part of the EAA Report 30Card for school year 2006-07 the current fiscal year. 31 1A.62. (SDE-EIA: Credits High School Diploma Distribution) The funds appropriated for Raise Academic Standards-Credits 32High School Diploma shall be distributed to the school districts of the state based upon the 135 day count of Average Daily 33Membership. 34 1A.63. (SDE-EIA: Teacher Recruitment/Retention Task Force) The Education Oversight Committee shall convene a task force 35to evaluate current teacher recruitment and retention policies, particularly those that impact on schools that have historically 36underachieved. Included in the task force will be representatives from the Department of Education, the Center for Educator 1 PAGE 140 2 1Recruitment, Retention, and Advancement (CERRA-South Carolina), institutions of higher learning, the Student Loan 2Corporation, the Commission on Higher Education, and classroom teachers from throughout South Carolina. 3 1A.64. (SDE-EIA: Report Card Information) The percentage each school district expended on classroom instruction as defined 4by the Department of Education’s In$ite classification for “Instruction” must be printed on the Annual School and District Report 5Card. 6 1A.65. (SDE-EIA: PACE Carry Forward) The Department of Education is authorized to carry forward $976,410 from EIA 7funds not expended during the prior fiscal year. Of these funds $871,000 must be used for the purpose of conducting the Program 8of Alternative Certification for Educators (PACE) in the current fiscal year and $105,410 to the Department of Juvenile Justice if, 9after a recount of student enrollment, the Department of Juvenile Justice is determined to be ineligible for additional federal Title II 10Teacher Quality funds equal to $105,410. 11 1A.66. (SDE-EIA: Core Curriculum Materials) The funds appropriated in Part IA, Section 1, XI.A.3 for instructional materials 12for core curriculum shall be expended consistent with the requirements of Section 59-31-600 of the 1976 Code requiring the 13development of higher order thinking skills and critical thinking which should be integrated throughout the core curriculum 14instructional materials. Furthermore, the evaluation criteria used to select instructional materials with funds appropriated in Part 15IA, Section 1, XI.A.3 shall include a weight of up to ten percent of the overall criteria to the development of higher order thinking 16skills and critical thinking. 17 1A.67. (SDE-EIA: Formative Reading Assessment) Beginning with the 2007-08 school year, for grades one and two, schools 18will use a State Board approved developmentally appropriate formative reading assessment. However, districts that are currently 19using other formative reading assessments because of the districts’ participation in grant programs may use those assessments in 20the schools within their districts in lieu of using the State Board approved assessment. By August 1, 2007, those districts shall be 21required to inform the Office of Assessment what equivalent assessment for grades one and two will be used. To the extent that 22funds are available, the Department of Education may provide funds for districts to offset the assessment costs for non-grant 23schools within those districts. 24 1A.68. (SDE-EIA: 3 Year Technical Assistance Plan) No school that received technical assistance funding in Fiscal Year 2006- 2507 and that implemented a three-year technical assistance plan approved by the Department of Education shall receive a 26reduction in those funds in Fiscal Year 2007-08. 27 1A.69. (SDE-EIA: XI.E.1-Public Choice Innovation Schools) With the funds provided, a grant program will be established to 28support the creation of Public Choice Innovation Schools in South Carolina and to provide for their evaluation. These schools are 29public choice alternatives for grade 4-8 students enrolled in the public schools rated Unsatisfactory or Below Average or students 30enrolled in public schools rated Average or above and who scored Basic or below on any two or more subject area grade level 31PACT assessments in grades 3-7 during the most recent school year. The goal of Public Choice Innovation Schools is to 32demonstrate leadership in instructional, administrative or personnel practices yielding strong student academic achievement. 33 To assist entities in operating innovation schools, a grants program would be established by the State Board of Education. The 34grant would be for a minimum of five years with the first year of funding for planning and equipping purposes and the remaining 35years of supplemental funding for operation of the innovation school. Entities eligible to receive a grant include public and 36private partnerships. Partnerships include an educational management organization, a private corporation, an institution of 1 PAGE 141 2 1higher education, a consortium of public schools districts and/or a contractual relationship between a private entity and a public 2school district. In the application process, partnerships must demonstrate at least one of the following strategies in improving 3leadership and academic achievement: changes in teacher compensation to address geographic or certification barriers and/or to 4offer performance incentives; utilization of novel leadership and administrative policies and procedures, to include preparation 5and certification of administrators, operational procedures and costs shared with other entities; continuous progress of students 6between grades 4-8; virtual delivery of substantial portions of the curriculum; and novel or non-traditional uses of time, space and 7technology in the instructional delivery of state academic content standards; or a combination of these strategies. The first year 8planning grant to each proposed school would be $100,000 with innovation schools also eligible to receive additional grant funds 9for equipment and facilities not to exceed $400,000 per partnership. In year two of the grant the partnership would receive funds 10for operation of the school to include a maximum grant of $300,000 in supplement of the per pupil revenues from federal, state 11and local sources. In years three through five the school would continue to receive grant funds but at the maximum level of eighty 12percent of each previous year’s grant. Funding per innovation school would be dependent upon: state per pupil allocations; 13supplementary allocations equal to local spending levels in the sending school; transportation allowance equivalent to the state 14per pupil transportation expenditure; and federal funds as applicable to the student population. In year six and beyond, the 15innovation school would receive a minimum supplement of $100,000. 16 Eligible to attend the Public Choice Innovation schools are students who meet one of the following conditions: (1) are enrolled 17in grades 4 through 8 and are assigned to a school rated Below Average or Unsatisfactory; or (2) are enrolled in schools with an 18absolute rating of Average or above and scored Basic or below on any two or more subject area grade level PACT assessments in 19grades 3 through 7 during the most recent school year. Students are not required to attend a Public Choice Innovation School in 20their district of residence. As long as no eligible student is denied admission, the Public Choice Innovation School may accept 21other students as their parents choose to enroll them and receive funded as previously defined. Once a student is enrolled in a 22Public Choice Innovation School, the child is guaranteed enrollment in the appropriate grades as long as the school remains in 23operation, unless the student violates behavioral expectations, or the parents choose to transfer the student to another school for 24which the student is eligible. An innovation school may not discriminate against any student on the basis of race, color, national 25origin, gender, disability or prior academic performance. 26 Public Choice Innovation Schools are required to participate in the statewide testing program; however, the schools shall not 27receive Education Accountability Act ratings until the third year of operation. The initial rating addresses student performance in 28the third year of operations. 29 An independent longitudinal evaluation of Public Choice Innovation Schools is to be conducted or contracted by the Education 30Oversight Committee and must include a value-added component so that valid comparisons can be made to student performance 31 in traditional public schools and public charter schools. 32 Of the funds provided herein, the first $200,000 will be directed to the South Carolina Public Charter School District Board of 33Trustees which shall be authorized to use these funds for administrative costs to make the district operational. 34 1A.70. (SDE-EIA: EIA Cash Balance) The Department of Education is authorized to carry forward the amount necessary from 35EIA funds not expended in the prior fiscal year to increase the teacher supply allocation, as provided for elsewhere in this Act, to 36$275. 1 PAGE 142 2 1 $105,410 of the FY 2005-06 cash balance is to be utilized by the Department of Juvenile Justice if, after a recount of student 2enrollment, the Department of Juvenile Justice is determined to be ineligible for additional federal Title II Teacher Quality funds 3equal to $105,410. 4 $224,000 of the FY 2005-06 EIA cash balance is to be utilized by Clemson University for the purpose of contracting the Center 5 of Agricultural and Environmental Research Training to develop standards for the secondary agriculture programs in South 6Carolina as well as provide support material for Agricultural Education teachers to assist with its implementation. 7 The Department may utilize no more than $100,000 of FY 2005-06 EIA cash balance to reimburse travel expenses and per diem 8for the advisory group established to develop implementation strategies for school district shared administration units. 9 $5,000,000 of the FY 2005-06 EIA cash balance is to be utilized by the Department of Education, Budget and Control Board’s 10Chief Information Office, State Library, and Education Television Commission for the implementation and awarding of not more 11than 6 individual public school grants for the piloting of the “iAm” Statewide Student Laptop Program. Grant awards are to be 12designed to enhance the educational opportunities, increase workforce competitiveness, and engage ninth grade students to take 13ownership and responsibility for their future and the future of South Carolina. All grants shall be used to purchase laptops for 14ninth grade students, additional equipment, and infrastructure to support the implementation of the “iAm” program, professional 15staff and faculty training, service and maintenance for the program. Schools receiving the awards must provide for matching 16resources at a ratio determined by the percentage of ninth grade students receiving free or reduced lunch. For schools in the top 17ten percent of schools with students receiving free or reduced lunch, grants will be provided at no matching resource requirement 18by the grant receiving school. For schools in the next thirty percent of schools with students receiving free or reduced lunch, 19grants will be provided at a ratio of three iAm program dollars for each dollar invested by the grant receiving school. For schools 20in the second thirty percent of schools with students receiving free or reduced lunch, grants will be provided at a ratio of two iAm 21program dollars for each dollar invested by the grant receiving school. For schools in the lowest thirty percent of schools with 22students receiving free or reduced lunch, grants will be provided at a ratio of one iAm program dollar for each dollar invested by 23the grant receiving school. For FY 2007-08 the first fifty percent of “iAm” grant awards must be for public schools whose ninth 24grade students scored unsatisfactory or below average on the most recent EAA school report card; that have free and reduced 25lunch student counts that exceed the statewide average; and have the technological capacity necessary to fully implement the 26program. The “iAm” program’s efficacy must be evaluated starting at the time of its initial implementation by an independent 27party. The evaluation must include the program’s impact on retention rates and student achievement. A copy of the evaluation 28report shall be provided to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Chairman of 29the Senate Finance Committee, and the Chairman of the House Ways and Means Committee no later than December 1, 2009. 30Schools may carry forward “iAm” program funds to be used for the same purpose. 31 1A.71. (SDE-EIA: XI-E.2.-Teacher Technology Proficiency) To ensure the effective and efficient use of the funding provided by 32the General Assembly in Part IA, Section 1 XI.E.2 for school technology in the classroom and internet access, the State 33Department of Education shall approve district technology plans that specifically address and incorporate teacher technology 34competency standards and local school districts must require teachers to demonstrate proficiency in these standards as part of 35each teacher’s Professional Development plan. The Department of Education’s professional development tracking, prescriptive 36and electronic portfolio system for teachers is the preferred method for demonstrating technology proficiency as this system is 1 PAGE 143 2 1aligned to the International Society for Technology in Education (ISTE) teacher standards. Evidence that districts are meeting the 2requirement is a prerequisite to expenditure of a district’s technology funds. 3 1A.72. (SDE-EIA: XI.E.1- Shared Administrative Services) DELETED 4 5SECTION 1AA - H66 -LOTTERY EXPENDITURE ACCOUNT 6 7 1AA.1. (LEA: Audit) Each state agency receiving lottery funds shall develop and implement procedures to monitor the 8expenditures of lottery funds in order to ensure that lottery funds are expended in accordance with applicable state laws, rules, and 9regulations. The Office of the State Auditor shall ensure that state agencies receiving lottery funds have procedures in place to 10monitor expenditures of lottery funds and that the monitoring procedures are operating effectively. 11 1AA.2. (LEA: SDE Lottery Carry Forward) The Department of Education is authorized to carry forward and expend any 12unexpended balances of lottery funds from the prior fiscal year into the current fiscal year for expenditures incurred in the prior 13fiscal year or to be expended for the same purpose. 14 1AA.3. (LEA: SDE Transfer Restriction) Funds appropriated from the Education Lottery Account for K-5, Reading, 15Mathematics, Science, and Social Studies Programs, grants, or technical assistance funds allocated directly to an individual school 16may not be transferred and may only be expended for the purposes for which these funds have been appropriated. However, all 17school districts may transfer up to one hundred percent of other lottery funds appropriated to school districts between programs to 18any instructional program provided the funds are utilized for direct classroom instruction. 19 1AA.4. (LEA: Higher Education Excellence Enhancement Program) Notwithstanding any other provision of law, all funds 20appropriated for the Higher Education Excellence Enhancement Program shall be allocated equally among the eligible institutions 21as defined in Section 2-77-15. The Commission on Higher Education is authorized to retain and carry forward funds not allocated 22in the prior fiscal year and to allocate those funds in the current fiscal year equally among the eligible institutions as defined in 23Section 2-77-15. 24 1AA.5. (LEA: Technology Lottery Funds) For the purposes of the allocation of technology funds from the lottery proceeds, 25$125,000 shall be transferred from the portion designated for 2-year institutions to the portion designated for 4-year institutions for 26each University of South Carolina 2-year institution that has moved to a 4-year status since 2000. 27 1AA.6. (LEA: FY 06-07 Lottery Funding) There is appropriated from the Education Lottery Account for the following 28education purposes and programs and funds for these programs and purposes shall be transferred by the Budget and Control Board 29as directed below. These appropriations must be used to supplement and not supplant existing funds for education. 30 The Budget and Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the 31appropriations of the Education Lottery Account as provided in this section. 32 All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year including 33any interest earnings and of those funds, $30,600,000 shall be used to support the appropriations contained below. After the first 34$30,600,000 of lottery funds carried forward from the prior fiscal year are realized, the next $12,150,000 shall be directed to the 35State Board of Technical and Comprehensive Education to be used for the Allied Health Initiative. The next $500,000 shall be 36directed to the Arts Partnership of Greater Spartanburg, Inc. for educational programming in the Science Center and History 1 PAGE 144 2 1Museum. The programming is to be based on South Carolina K-12 Curriculum and be used to support teachers in their classrooms 2and for science career development. The remaining balance is directed to the South Carolina State Library for equal distribution to 3each county for local libraries. 4 For Fiscal Year 2006-07 certified net lottery proceeds and investment earnings and any other proceeds identified by this 5provision are appropriated as follows: 6 (1) Commission on Higher Education--Tuition Assistance Two-Year Institutions, $45,000,000; 7 (2) Commission on Higher Education--LIFE Scholarships as provided in Chapter 149 of Title 59, $87,911,636; 8 (3) Commission on Higher Education--HOPE Scholarships as provided in Section 59-150-370, $7,144,909; 9 (4) Commission on Higher Education--Palmetto Fellows Scholarships as provided in Section 59-104-20, $17,830,758; 10 (5) Commission on Higher Education--Need-Based Grants, $11,246,093; 11 (6) Tuitions Grants Commission--Tuition Grants, $7,766,604; 12 (7) Commission on Higher Education--National Guard Tuition Repayment Program as provided in Section 59-111-75, 13 $1,700,000; 14 (8) Commission on Higher Education--Endowed Chairs as provided in Chapter 75 of Title 2, $30,000,000; 15 (9) South Carolina State University--$2,500,000; 16 (10) Technology--Public 4-Year Universities, 2-Year Institutions, and State Technical Colleges, $3,600,000; 17 (11) Department of Education--Teacher Specialists, $11,000,000; 18 (12) Department of Education--K-5 Reading, Math, Science & Social Studies Program as provided in Section 59-1-525, 19 $46,500,000; 20 (13) Department of Education--Grades 6-8 Reading, Math, Science & Social Studies Program, $2,000,000; and 21 (14) Commission on Higher Education--Higher Education Excellence Enhancement Program, $4,700,000. 22 Fiscal Year 2006-07 funds appropriated to the Commission on Higher Education for Tuition Assistance must be distributed to 23the technical colleges and 2-year institutions as provided in Section 59-150-360. 24 The Commission on Higher Education is authorized to temporarily transfer funds between appropriated line items in order to 25ensure the timely receipt of scholarships and tuition assistance. It is the goal of the General Assembly to fund the Tuition 26Assistance program at such a level to support at least $996 per student per term for full time students. 27 Fiscal Year 2006-07 net lottery proceeds and investment earnings in excess of the certified net lottery proceeds and investment 28earnings for this period are appropriated and must be used to ensure that all LIFE, Palmetto Fellows, and HOPE scholarships for 29Fiscal Year 2006-07 are fully funded. 30 If the lottery revenue received for Fiscal Year 2006-07 is less than the amounts appropriated, the projects and programs 31receiving appropriations for any such year shall have their appropriations reduced on a pro rata basis, except that a reduction must 32not be applied to the funding of LIFE, HOPE, and Palmetto Fellows Scholarships. 33 The Commission on Higher Education is authorized to use up to $260,000 of the funds appropriated in this provision for LIFE, 34HOPE, and Palmetto Fellows scholarships to provide the necessary level of program support for the scholarship award process. 35 For Fiscal Year 2006-07, $8,400,000 certified from unclaimed prizes shall be appropriated for Technology: Public 4-Year 36Universities, 2-Year Institutions, and State Technical Colleges. 1 PAGE 145 2 1 Of any unclaimed prize funds available in excess of the Board of Economic Advisors estimate, the first $200,000 shall be 2directed to the S.C. School for the Deaf and the Blind for technology, equipment, and support for multi-disabled students enrolled 3in education degree and vocational certificate programs. The next $250,000 will be directed to the Department of Education for 4Agriculture in the Classroom. The next $2,600,000 will be directed to the Commission on Higher Education for Tuition Assistance 5Two-Year Institutions. Any individual item funded by unclaimed prize funds that are available in excess of the Board of 6Economic Advisors estimate may be partially funded in the order in which it appears, to the extent that revenues are available. The 7allocations of Section 59-150-230(I) of the 1976 code are suspended for the current fiscal year. All additional revenue in excess of 8the amount certified by the Board of Economic Advisors for unclaimed prizes shall be distributed to the Higher Education Tuition 9Grants Commission for Tuition Grants. 10 Notwithstanding the provisions of Section 59-150-355 of the 1976 Code or any other provision of law, the Budget and Control 11Board may distribute funds from the Education Lottery Account on a monthly basis during the final quarter of the fiscal year. 12 1AA.7. (LEA: FY 07-08 Lottery Funding) There is appropriated from the Education Lottery Account for the following 13education purposes and programs and funds for these programs and purposes shall be transferred by the Budget and Control 14Board as directed below. These appropriations must be used to supplement and not supplant existing funds for education. 15 The Budget and Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the 16appropriations of the Education Lottery Account as provided in this section. 17 All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year including 18any interest earnings, which shall be used to support the appropriations contained below. 19 For Fiscal Year 2007-08 certified net lottery proceeds and investment earnings and any other proceeds identified by this 20provision are appropriated as follows: 21 (1) Commission on Higher Education--Tuition Assistance Two-Year Institutions ...... $ 47,000,000; 22 (2) Commission on Higher Education--LIFE Scholarships as provided in Chapter 149 of Title 59 ...... $ 62,604,207; 23 (3) Commission on Higher Education--HOPE Scholarships as provided in Section 59-150-370 ...... $ 7,767,606; 24 (4) Commission on Higher Education--Palmetto Fellows Scholarships as provided in Section 59-104-20 .. $ 28,915,490; 25 (5) Commission on Higher Education--Need-Based Grants ...... $ 11,631,566; 26 (6) Tuitions Grants Commission--Tuition Grants ...... $ 7,766,604; 27 (7) Commission on Higher Education--National Guard Tuition Repayment Program as provided in 28 Section 59-111-75 ...... $ 1,700,000; 29 (8) Commission on Higher Education--Endowed Chairs as provided in Chapter 75 of Title 2 ...... $ 30,000,000; 30 (9) South Carolina State University ...... $ 2,500,000; 31 (10) Technology--Public 4-Year Universities, 2-Year Institutions, and State Technical Colleges ...... $ 3,600,000; 32 (11) Department of Education--K-5 Reading, Math, Science & Social Studies Program as provided in 33 Section 59-1-525 ...... $ 47,614,527; 34 (12) Department of Education--Grades 6-8 Reading, Math, Science & Social Studies Program ...... $ 2,000,000; 35 (13) Commission on Higher Education--Higher Education Excellence Enhancement Program ...... $ 4,700,000; and 36 (14) School for the Deaf and the Blind--Technology Replacement ...... $ 200,000. 1 PAGE 146 2 1 Fiscal Year 2007-08 funds appropriated to the Commission on Higher Education for Tuition Assistance must be distributed to 2 the technical colleges and 2-year institutions as provided in Section 59 - 150-360. 3 The Commission on Higher Education is authorized to temporarily transfer funds between appropriated line items in order to 4ensure the timely receipt of scholarships and tuition assistance. It is the goal of the General Assembly to fund the Tuition 5Assistance program at such a level to support at least $996 per student per term for full time students. 6 Fiscal Year 2007-08 net lottery proceeds and investment earnings in excess of the certified net lottery proceeds and investment 7earnings for this period are appropriated and must be used to ensure that all LIFE, Palmetto Fellows, and HOPE scholarships for 8Fiscal Year 2007-08 are fully funded. 9 If the lottery revenue received for Fiscal Year 2007-08 is less than the amounts appropriated, the projects and programs 10receiving appropriations for any such year shall have their appropriations reduced on a pro rata basis, except that a reduction 11must not be applied to the funding of LIFE, HOPE, and Palmetto Fellows Scholarships. 12 The Commission on Higher Education is authorized to use up to $260,000 of the funds appropriated in this provision for LIFE, 13HOPE, and Palmetto Fellows scholarships to provide the necessary level of program support for the scholarship award process. 14 For Fiscal Year 2007-08, $8,400,000 certified from unclaimed prizes shall be appropriated for Technology: Public 4-Year 15 Universities, 2 - Year Institutions, and State Technical Colleges. The allocations of Section 59-150-230(I) of the 1976 code are 16suspended for the current fiscal year. 17 Of any unclaimed prize funds available in excess of the Board of Economic Advisors estimate, the first $1,000,000 shall be 18directed to the State Library to be distributed to local libraries for operating expenses. The next $500,000 shall be directed to the 19Department of Education to implement the Schools Attuned program. The next $500,000 shall be directed to the Department of 20Alcohol and Other Drug Abuse Services for services assisting in the prevention and treatment of gambling disorders as specified 21in Section 59-150-230(I) of the 1976 Code. The next $250,000 shall be distributed for education excellence enhancement to a non- 22profit or public two-year institution where sixty percent or more of the enrolled students are low-income and educationally 23disadvantaged, the institution is qualified under Part B, Subchapter III, Chapter 28, Title 20 of the United States Code and has 24been established in this state since 1894. All additional revenue in excess of the amount certified by the Board of Economic 25Advisors for unclaimed prizes shall be distributed to the Commission on Higher Education for Need-Based Grants. 26 Notwithstanding the provisions of Section 59-150-355 of the 1976 Code or any other provision of law, the Budget and Control 27Board may distribute funds from the Education Lottery Account on a monthly basis during the final quarter of the fiscal year. 28 29SECTION 2 - H71 - WIL LOU GRAY OPPORTUNITY SCHOOL 30 31 2.1. (WLG: Truants) The Opportunity School will incorporate into its program services for students, ages 15 and over, who are 32deemed truant; and will cooperate with the Department of Juvenile Justice, the Family Courts, and School districts to encourage 33the removal of truant students to the Opportunity School when such students can be served appropriately by the Opportunity 34School’s program. 35 2.2. (WLG: GED Test) Students attending school at the Wil Lou Gray Opportunity School that are 16 years of age and are 36unable to remain enrolled due to the necessity of immediate employment or enrollment in post secondary education may be eligible 1 PAGE 147 2 1to take the General Education Development (GED) Test. Prior to taking the GED the student must be pretested using the official 2General Education Development Practice Test and score a minimum of 220. 3 2.3. (WLG: Deferred Salaries Carry Forward) Wil Lou Gray is authorized to carry forward into the current fiscal year the 4amount of the deferred salaries and employer contributions earned in the prior fiscal year for non-twelve month employees. These 5deferred funds are not to be included or part of any other authorized carry forward amount. 6 2.4. (WLG: Improved Forestry Practices) The Trustees of the Wil Lou Gray Opportunity School may carry out improved 7forestry practices on the timber holdings of the school property and apply the revenues derived from them and any other revenue 8source on the property for the further improvement and development of the school forest and other school purposes. 9 2.5. (WLG: Educational Program Initiatives) Wil Lou Gray Opportunity School is authorized to utilize funds received from the 10Department of Education for vocational equipment on educational program initiatives. 11 12SECTION 3 - H75 - SCHOOL FOR THE DEAF AND THE BLIND 13 14 3.1. (SDB: Student Activity Fee) The School for the Deaf and the Blind is authorized to charge to the parents of students at the 15school a student activity fee, differentiated according to the income of the family. The required student activity fee shall not 16exceed $40.00. Such revenue may be retained and carried forward into the current fiscal year and expended for the purpose of 17covering expenses for student activities. 18 3.2. (SDB: Weighted Student Cost) The School for the Deaf and the Blind shall receive through the Education Finance Act the 19average State share of the required weighted cost for each student enrolled in the School 20 3.3. (SDB: Admissions) Deaf, blind, multi-disabled and other disabled students identified by the Board of Commissioners as 21target groups for admission to the South Carolina School for the Deaf and the Blind may be admitted by the School either through 22direct application by parents or on referral from the local school district. The Board of Commissioners shall define the appropriate 23admissions criteria including mental capacity, degree of disability, functioning level, age, and other factors deemed necessary by 24the board. All placement hearings for admission to the South Carolina School for the Deaf and the Blind shall be organized by the 25School. The South Carolina School for the Deaf and the Blind shall obtain information from the local school district concerning 26the needs of the student and shall prepare an Individualized Education Plan for each student admitted. All parents applying for 27admission of their children must sign a statement certifying that they feel the South Carolina School for the Deaf and the Blind is 28the most appropriate placement which constitutes the least restrictive environment for the individual student, based upon needs 29identified in the placement meeting and the Individualized Education Plan. The decision concerning placement and least restrictive 30environment shall be reviewed annually at the IEP Conference. 31 3.4. (SDB: Adult Vocational Program Fees) The School for the Deaf and the Blind is authorized to charge appropriate tuition, 32room and board, and other fees to students accepted into the Adult Vocational Program. Such fees will be determined by the 33School Board of Commissioners, and such revenue shall be retained and carried forward into the current fiscal year and expended 34by the School for the purpose of covering expenses in the Adult Vocational Program. 35 3.5. (SDB: Mobility Instructor Service Fee) The School for the Deaf and the Blind is authorized to charge a fee for the services 36of a mobility instructor to provide service on a contractual basis to various school districts in the state, and such revenue shall be 1 PAGE 148 2 1retained and carried forward into the current fiscal year and expended by the School for the purpose of covering expenses in the 2Blind School. 3 3.6. (SDB: Cafeteria Revenues) All revenues generated from cafeteria operations may be retained and expended by the 4institution for the purpose of covering actual expenses in cafeteria operations. 5 3.7. (SDB: School Buses) The school buses of the South Carolina School for the Deaf and the Blind are authorized to travel at 6the posted speed limit. 7 3.8. (SDB: USDA Federal Grants) All revenues generated from U.S.D.A. federal grants may be retained and expended by the 8SCSDB in accordance with Federal regulations for the purpose of covering actual expenses in the cafeteria/food service operations 9of the school. 10 3.9. (SDB: By-Products Revenue Carry Forward) The School for the Deaf and the Blind is authorized to sell goods that are 11by-products of the school’s programs and operations, charge user fees and fees for services to the general public: individuals, 12organizations, agencies and school districts, and such revenue may be retained and carried forward into the current fiscal year and 13expended for the purpose of covering expenses of the school’s programs and operations. 14 3.10. (SDB: Deferred Salaries Carry Forward) South Carolina School for the Deaf and the Blind is authorized to carry forward 15in the current fiscal year the amount of the deferred salaries and employer contributions earned in the prior fiscal year for 16nontwelve month employees. These deferred funds are not to be included or part of any other authorized carry forward amount. 17 3.11. (SDB: Sale of Property) After receiving approval from the Budget and Control Board for the sale of property, the school 18may retain revenues associated with the sale of property titled to or utilized by the school. These funds shall be expended on capital 19improvements approved by the Joint Bond Review Committee and the Budget and Control Board. 20 3.12. (SDB: USC-Spartanburg Upstate Visual Impairment Master of Education Program) Of the funds appropriated to the 21South Carolina School for the Deaf and the Blind, $50,000 shall be used to fund the Master of Education Program In Visual 22Impairment at the University of South Carolina in Spartanburg - Upstate. 23 3.13. (SDB: School Bus Purchase) The School for the Deaf and the Blind shall receive, from the amounts appropriated for 24School Transportation School Bus Purchases, funds for two new school buses equipped appropriately for the students enrolled in 25the school according to the School for the Deaf and the Blind’s specifications. Funds used for this purpose shall not exceed 26$250,000. 27 28SECTION 4 - L12 - JOHN DE LA HOWE SCHOOL 29 30 4.1. (JDLHS: Status Offender Carry Forward) Unexpended status offender funds distributed to John de la Howe School from 31the Department of Education may be carried forward and used for the same purpose. 32 4.2. (JDLHS: Campus Private Residence Leases) John de la Howe School is authorized to lease, to its employees, private 33residences on the agency’s campus. Funds generated may be retained and used for general operating purposes including, but not 34limited to, maintenance of the residences. 35 1 PAGE 149 2 1SECTION 5A - H03 - COMMISSION ON HIGHER EDUCATION 2 3 5A.1. (CHE: Contract for Services Program Fees) The amounts appropriated in this section for “Southern Regional Education 4Board Contract Programs” and “Southern Regional Education Board Dues” are to be used by the commission to pay to the 5Southern Regional Education Board the required contract fees for South Carolina students enrolled under the Contract for Services 6program of the Southern Regional Education Board, in specific degree programs in specified institutions and the Southern 7Regional Education Board membership dues. The funds appropriated may not be reduced to cover any budget reductions or be 8transferred for other purposes. 9 5A.2. (CHE: Out-of-State School of the Arts) The funds appropriated herein for Out-of-State School of the Arts must be 10expended for an SREB Contract Program, administered by the Commission, which will offset the difference between the 11out-of-state cost and in-state cost for artistically talented high school students at the North Carolina School of the Arts. 12 5A.3. (CHE: Access & Equity Programs) Of the funds appropriated herein for Access and Equity Programs, the Commission 13on Higher Education shall distribute at least $98,313 to South Carolina State University, $24,559 to Denmark Technical College, 14and $588,741 to the Access and Equity Program. With the these funds appropriated herein the colleges and universities shall 15supplement their access and equity programs so as to provide, at a minimum, the same level of minority recruitment activities as 16provided during the prior fiscal year. Any additional funds appropriated herein for the Access and Equity Program shall be used 17for Commission on Higher Education implementation of statewide program priorities. 18 5A.4. (CHE: Performance Funding Calculations Changes) The allocations made for the immediate fiscal year following March 191 of any year may not be adjusted by the commission due to any change in performance funding calculations, or methodology. 20 5A.5. (CHE: Allowable Tuition and Fees) State funds shall not be used to provide undergraduate out-of-state subsidies to 21students attending state-supported public institutions of higher learning, as defined in Section 59-103-5. 22 5A.6. (CHE: African-American Loan Program) Of the funds appropriated to the Commission on Higher Education for the 23African-American Loan Program, $149,485 shall be distributed to South Carolina State University and $53,389 shall be distributed 24to Benedict College, and must be used for a loan program with the major focus of attracting African-American males to the 25teaching profession. The Commission of Higher Education shall act as the monitoring and reporting agency for the 26African-American Loan Program. Of the funds allocated according to this proviso, no more than 10% shall be used for 27administrative purposes. 28 5A.7. (CHE: GEAR-UP) Funds appropriated for GEAR-UP shall be used for state grants programs to reach disadvantaged 29middle school students to improve their preparation for college. Eligible South Carolina public schools and public institutions of 30higher education shall cooperate with the Commission on Higher Education in the provision of services under the Gaining Early 31Awareness and Readiness for Undergraduate Programs (GEAR-UP) grant. 32 5A.8. (CHE: EPSCoR Committee Representation) With the intent that the four-year teaching institutions receive a portion of 33EPSCoR funding, the State EPSCoR Committee shall have an executive committee consisting of one representative from each of 34the research institutions and one representative from the four-year teaching university sector. 35 5A.9. (CHE: SREB Funds Exempt From Budget Cut) In the calculation of any across the board cut mandated by the Budget 36and Control Board or General Assembly, the amount which the Commission on Higher Education is appropriated for Southern 1 PAGE 150 2 1Regional Education Board Professional Scholarship Programs and Fees, Dues and Assessments shall be excluded from the 2Commission on Higher Education’s base budget. 3 5A.10. (CHE: Furlough) Notwithstanding Section 8-11-195 of the 1976 Code, or any other provision of law, in a fiscal year in 4which the general funds appropriated for an institution of higher education are less than the general funds appropriated for that 5institution in the preceding fiscal year, or whenever the General Assembly or the Budget and Control Board implements a midyear 6across-the-board budget reduction, agency heads for institutions of higher education and the State Board for Technical and 7Comprehensive Education through policy and procedure for the Technical College System may institute employee furlough 8programs of not more than twenty working days in the fiscal year in which the deficit is projected to occur. The furlough must be 9inclusive of all employees regardless of source of funds, place of work, or tenure status, and must include employees in classified 10positions and unclassified positions as well as agency heads. Scheduling of furlough days, or portions of days, shall be at the 11discretion of the agency or individual institution. During this furlough, affected employees shall be entitled to participate in the 12same state benefits as otherwise available to them except for receiving their salaries. As to those benefits which require employer 13and employee contributions, including but not limited to contributions to the South Carolina Retirement System or the optional 14retirement program, institutions will be responsible for making both employer and employee contributions during the time of the 15furlough if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the 16employee remains solely responsible for making those contributions. Placement of an employee on furlough under this provision 17does not constitute a grievance or appeal under the State Employee Grievance Act. In the event an institution’s reduction is due 18solely to the General Assembly transferring or deleting a program, this provision does not apply. The implementation of a 19furlough program authorized by this provision shall be on an institution by institution basis. 20 5A.11. (CHE: Unspent Scholarship Grants) Notwithstanding the provisions of Section 59-143-10, any unspent balance in the 21Higher Education Scholarship Grants share of the Children’s Education Endowment Fund, including interest and low-level 22radioactive waste tax revenue from previous years’ collections, may be made available for Need-based Grants and Palmetto 23Fellows Scholarships during the current fiscal year. 24 5A.12. (CHE: Mid-Year Reduction Exemption) Notwithstanding any other provision of law, whenever the General Assembly 25or the Budget and Control Board implement a mid-year budget reduction, Commission on Higher Education appropriations for the 26Legislative Incentives for Future Excellence (LIFE) scholarships, the Need-based Grants, and Palmetto Fellows Scholarships are 27exempt from any mid-year budget reductions. 28 5A.13. (CHE: Performance Improvement Pool Allocation) Of the funds appropriated to the Commission on Higher Education 29under Section XI. Special Items: Performance Funding, $1,642,536 will be allocated to the EPSCoR program under the 30Commission on Higher Education to improve South Carolina’s research capabilities, $410,635 will be allocated to South Carolina 31State University as matching funds for the Transportation Center, and $410,635 will be allocated to support the management 32education programs of the School of Business at South Carolina State University. 33 5A.14. (CHE: Gifted Student Scholarship Criteria) For an exceptionally gifted student who is a resident of South Carolina and 34is accepted into an institution of higher learning without having attended or graduated from high school, the Commission on 35Higher Education by regulation must define alternative criteria for the student to qualify for a Palmetto Fellows Scholarship. 1 PAGE 151 2 1 5A.15. (CHE: Troop-to-Teachers) Members of the Armed Forces either active-duty, retired, or separated who are admitted to 2and enrolled in the South Carolina Troop-to-Teachers Alternative Route to Certification program are entitled to pay in-state rates at 3participating state institutions for requisite program work. 4 5A.16. (CHE: Research Universities Matching Resources) Notwithstanding the provisions of Sections 2-75-05(B)(4) and (6) 5and 2-75-50 of the 1976 Code, to meet the endowed professorships matching requirement of those provisions, a research university 6may use funds specifically provided for use in the areas of Engineering, Nanotechnology Biomedical Sciences, Energy Sciences, 7Environmental Sciences, Information and Management Sciences, and for other sciences and research that create well-paying jobs 8and enhanced economic opportunities for the people of South Carolina and that are approved by the Research Centers of 9Excellence Review Board that are derived from private or federal government sources, excluding state appropriations to the 10institution, tuition, or fees. The only federal dollars that may be used to meet the endowed professorships matching requirement 11are those federal dollars received after July 1, 2003. 12 5A.17. (CHE: International Exchange Program Abatement) State supported colleges and universities which have an established 13and ongoing relationship in one or more degree programs with an international institution, the terms of which have been formally 14approved by the institution’s Board of Trustees, and the relationship includes regular arrangements for the enrollment of qualified 15students and/or the exchange of faculty between the institutions, although not necessarily in equal exchange numbers, may charge 16tuition to such qualified students at the South Carolina resident rate. 17 5A.18. (CHE: SREB Veterinary Students) Of the funds appropriated to or authorized for the Commission on Higher Education, 18the commission is directed to fund the Southern Regional Educational Board dues at an appropriate amount to include five 19additional veterinary medicine students. 20 5A.19. (CHE: EPSCOR Transfer Authority) At the discretion of the State Manager of the South Carolina EPSCoR Program, the 21State Manager is authorized to transfer the South Carolina EPSCoR Program from the South Carolina Research Authority to the 22Commission on Higher Education. Regardless of whether the State Coordinator chooses for the program to be transferred, no 23funds appropriated to or authorized for the South Carolina EPSCoR Program may be retained by the South Carolina Research 24Authority or the Commission on Higher Education without the consent of the South Carolina EPSCoR Program. 25 5A.20. (CHE: Excellence Enhancement Program Additions) Notwithstanding any other provision of law, Converse College and 26Columbia College shall be eligible to receive funds under the Higher Education Excellence Enhancement Program. 27 5A.21. (CHE: Need-Based Grants for Foster Youth) For the current academic year, youth in the custody of the Department of 28Social Services and attending a higher education institution in South Carolina are eligible for additional need-based grants funding 29of up to $2,000 above the $2,500 maximum. Foster youth must apply for these funds no later than May 1, of the preceding year. 30All other grants, both state and federal, for which these foster youth are eligible must be applied first to the cost of attendance prior 31to using the additional need-based grant funding. If the cost of attendance for a foster youth is met with other grants and 32scholarships, then no additional need-based grant may be used. The Department of Social Services, in cooperation with the 33Commission on Higher Education, will track the numbers of recipients of this additional need-based grant to determine its 34effectiveness in encouraging more foster youth to pursue a secondary education. No more than $100,000 may be expended from 35currently appropriated need-based grants funding for this additional assistance. 1 PAGE 152 2 1 5A.22. (CHE: Out-Of-State Eligibility) For Fiscal Year 2006-2007 the current fiscal year, students who are South Carolina 2residents and enrolled in out-of-state high schools shall may be eligible to receive the Palmetto Fellows, Life, and Hope 3scholarships. Eligibility shall be calculated utilizing criteria for in-state students. Any fees associated with the resulting 4conversion of grades or class rank to the South Carolina Uniform Grading Scale shall be the responsibility of the student. For the 5purposes of meeting the rank criteria for the Palmetto Fellows and LIFE scholarships, the existing high school rank may be used 6provided it is calculated per a state-approved, standardized grading scale at the respective out-of-state high school. 7 5A.23. (CHE: Higher Education Price Index) DELETED 8 5A.24. (CHE: Grants and Scholarships) No state or other appropriated funds authorized in this act or authorized in any state 9law may be used to provide illegal aliens tuition assistance, scholarships, or any form of reimbursement of student expenses for 10 enrolling in or attending an institution of higher learning in this State. The Commission on Higher Education, the Higher 11Education Tuition Grants Commission, the South Carolina Student Loan Corporation, and the individual public institutions of 12higher learning are responsible for ensuring compliance with this provision. 13 5A.25. (CHE: Education & General Funds - Institutions) Of the funds appropriated to the Commission on Higher Education 14for Education and General Funds for Institutions, the commission shall allocate the funds to research universities, excluding 15 Clemson University and the University of South Carolina-Columbia, four-year comprehensive teaching colleges and universities , 16two year branches of the University of South Carolina, and the state technical and comprehensive education system per the 17allocation methodology adopted by the commission for FY 2007-08 such that 35% is distributed to the institutions to begin 18 addressing parity issues with the remaining funding distributed based on the institution’s share as determined by the commission’s 19funding model for Fiscal year 2007-08. 20 5A.26. (CHE: Rural Ophthalmologists and Optometrists Program Study Committee) A committee is established to assess the 21need for ophthalmologists and optometrists in rural areas of South Carolina. The committee is directed to conduct a study on the 22establishment of a rural ophthalmologists and optometrists program which will offer incentives to ophthalmologists and 23optometrists to practice in rural areas. The committee shall be composed of the following members: the Chair of the 24Ophthalmology Department of the Medical University of South Carolina, a representative of the UAB School of Optometry, the 25Chair of the Ophthalmology Department of the University of South Carolina; a representative of the Southern College of 26Optometry; three ophthalmologists and three optometrists, preferably practicing in rural areas, nominated by the South Carolina 27Society of Ophthalmology Board of Directors and the State Board of Optometric Examiners to serve staggered 4 year terms. The 28Executive Director of the SC Society of Ophthalmology, the Executive Director of the South Carolina Optometric Association, a 29representative of the Department of Health and Environmental Control and an Area Health Education Consortium official shall 30serve as ex-officio members of the committee. Members of the committee shall serve without compensation. 31 The committee shall receive staff support from the Medical University of South Carolina, the University of South Carolina, and 32the Area Health Education Consortium. The results of this study are to be reported to the General Assembly by January 15, 2008. 33 5A.27. (CHE: Critical Needs Nursing Initiative) The funds appropriated to the Commission on Higher Education for the 34Critical Needs Nursing Initiative shall be used for nursing faculty salary enhancements. The commission, upon consultation with 35members of the Advisory Committee on Academic Programs (ACAP) from institutions with accredited nursing programs and the 36chairperson, or designee, of the South Carolina Council of Deans and Directors in Nursing Education, shall determine and 1 PAGE 153 2 1distribute the funds to the institutions where such faculty are employed. The governing body of the institution, pursuant to its 2procedures, shall then allocate these enhancements among its affected faculty in such amounts as it determines appropriate 3consistent with their salary guidelines. 4 5A.28. (CHE: Higher Education Task Force) The funds appropriated to the Commission on Higher Education for the Task 5Force on Higher Education Study Committee shall be utilized to establish the Higher Education Task Force whose mission shall 6be to develop and recommend an evolving, multi-year statewide strategic plan for higher education in South Carolina to meet the 7needs of the state as can be addressed by higher education. 8 The task force shall consist of nine members appointed as follows: three by the Governor, one by the President Pro Tempore of 9the Senate, one by the Speaker of the House of Representatives, one by the Chairman of the Senate Finance Committee, one by the 10Chairman of the House Ways and Means Committee, one by the Chairman of the Senate Education Committee, and one by the 11Chairman of the House Education and Public Works Committee. The members appointed shall include persons knowledgeable in 12issues involving higher education to include, but not be limited to, higher education officials, K-12 education officials, and 13members of the business community. The task force shall elect its chairman from among its appointed members. 14 The task force shall review the current higher education mission and goals as set forth in Section 59-103-15 of the 1976 Code, 15taking into consideration the areas identified by the Governor’s Task Force on Higher Education in their final report issued 16September 28, 2006, and shall also review all state supported higher education scholarship and grant programs. 17 Upon completion of the review the task force shall develop and recommend a Statewide Higher Education Strategic Plan which 18shall include, but not be limited to, the following five aspects of higher education as recommended by the Governor’s Task Force 19on Higher Education’s final report 20 1) Institutional Missions and Academic Programs and Planning; 21 2) Enrollment ; 22 3) Funding and Institutional Cost; 23 4) Buildings , Facilities, and Information Technology; and 24 5) Organization and Plan Implementation. 25 The Plan shall also include recommendations for all state supported higher education scholarship and grant programs whether 26funded through the Education Lottery Account or through the State General Fund. 27 The task force shall submit recommendations for the Higher Education Statewide Strategic Plan to the General Assembly by 28February 1, 2008. 29 30SECTION 5B -H06 - HIGHER EDUCATION TUITION GRANTS COMMISSION 31 32 5B.1. (HETG: Tuition Grants Mid-Year Reduction Exemption) Funds provided in Part IA, Section 5B, II. Tuition Grants shall 33be exempt from any mandated mid-year budget reductions. 34 5B.2. (HETG: Tuition Grants) DELETED 35 1 PAGE 154 2 1SECTION 5D - H12 - CLEMSON UNIVERSITY EDUCATIONAL & GENERAL 2 3 5D.1. (CU: Travel Advances and Subsistence Expenses) Clemson University may advance travel and subsistence expense 4monies to its employees for the financing of ordinary and necessary travel required in the conducting of the business of the 5institution. Clemson University may develop and publish rules and regulations pertaining to the advancing of travel expenses. All 6advances for travel and subsistence monies shall be repaid within 30 days after the end of the trip. 7 8SECTION 5K - H45 - UNIVERSITY OF SOUTH CAROLINA 9 10 5K.1. (USC: Palmetto Poison Control Center) Of the funds appropriated or authorized herein, the University of South Carolina 11shall expend at least $150,000 on the Palmetto Poison Control Center. 12 5K.2. (USC: Indirect Cost Recovery Waiver for Summer Food Service Program) The University of South Carolina is granted 13partial waiver of the remittance of indirect cost recoveries for the Summer Food Service Program supported by the Federal 14Department of Agriculture through the Department of Social Services. The waiver may not exceed the amount of direct 15administrative cost for the program. 16 5K.3. (USC: School Improvement Council) Of the funds appropriated to the University of South Carolina Columbia Campus, 17$100,000 shall be used for the School Improvement Council. 18 5K.4. (USC: Beaufort Campus - Penn Center) The special item funding appropriated to the University of South Carolina - 19Beaufort for the Penn Center Project shall not be used for any other purposes. 20 5K.5. (USC: Beaufort Campus - Reciprocal Tuition) The University of South Carolina Beaufort Campus may offer in-state 21tuition to any student whose legal residence is in the Chatham-Effingham and Bryan County area of the neighboring state of 22Georgia as long as the Georgia Board of Regents continues its Georgia Tuition Program by which in-state tuition is offered to 23students residing in the Beaufort/Jasper County area of the State of South Carolina. 24 5K.6. (USC: Spartanburg Campus - Permanent Improvement Project) The project titled “New Library/Technology/Information 25Center $5,000,000” for the University of South Carolina- Spartanburg and listed in the section authorizing Capital Improvement 26Bond in subsection (A)(3)(j) of Act 1 of 2001 is amended to read “Health Education Complex/Academic and Student Services 27$5,000,000.” 28 29SECTION 5J - H24 - SOUTH CAROLINA STATE UNIVERSITY 30 31 5J.1. (SCSU: BRIDGE Program) The funds appropriated to South Carolina State University for the BRIDGE Program shall 32be utilized to recruit minority high school students along the I-95 corridor into the teaching profession by offering them, while still 33in high school, access to counseling, mentoring, on campus summer enrichment programs, and opportunities for dual enrollment 34credits at South Carolina State University for the purpose of preparing these students to major in education and to become future 35teachers along the I-95 corridor. 36 1 PAGE 155 2 1SECTION 5M - H54 - MEDICAL UNIVERSITY OF SOUTH CAROLINA 2 3 5M.1. (MUSC: Family Practice Residency System) Statewide family practice residency system funds appropriated for faculty 4salaries, teaching services, and consultant fees may only be expended when the above activities are accomplished for educational 5purposes in the family practice centers. Authorization is hereby granted to the Medical University of South Carolina to expend 6such funds in hospital-based clinical settings apart from the consortium hospital, when such settings are determined by the 7President of the Medical University of South Carolina with approval of the Board of the Medical University to provide appropriate 8educational experience and opportunities to the family practice residents and these funds shall not be transferred to any other 9program. 10 5M.2. (MUSC: Palmetto Initiative for Excellence) Funds appropriated herein to the SC Healthcare Recruitment and Retention 11Center for the Palmetto Initiative for Excellence shall be used as match funds to promote diversity within the administrative health 12services workforce in South Carolina. Funds are to be used to stimulate the development of post-graduate fellowships, 13undergraduate internships, and mentoring programs. 14 5M.3. (MUSC: Rural Dentist Program) The Rural Dentist Program, in coordination with the Department of Health and 15Environmental Control’s Public Health Dentistry Program, is established at the Medical University of South Carolina. The funds 16appropriated to the Medical University of South Carolina for the Rural Dentist Program shall be administered by the South 17Carolina Area Health Education Consortium physician recruitment office. The costs associated with administering this program 18are to be paid from the funds appropriated to the Rural Dentist Program and shall not exceed 4% of the appropriation. The Medical 19University of South Carolina is responsible for the fiscal management of funds to ensure that state policies and guidelines are 20adhered to. MUSC shall be permitted to carry forward unspent general funds appropriated to the Rural Dentist program provided 21that these funds be expended for the program for which they were originally designated. A board is created to manage and allocate 22these funds to insure the location of licensed dentists in rural areas of South Carolina and on the faculty of the College of Dental 23Medicine at MUSC. The board will be composed of the following: the Dean, or his designee, of the MUSC College of Dental 24Medicine; three members from the South Carolina Dental Education Foundation Board who represent rural areas; and the President 25of the South Carolina Dental Association. The Director of DHEC’s Office of Primary Care; the Director or his designee of the 26Department of Health and Human Services; and the Executive Director of the South Carolina Dental Association shall serve as ex 27officio members without vote. This board shall serve without compensation. 28 29SECTION 5N - H59 - STATE BOARD FOR TECHNICAL & COMPREHENSIVE EDUCATION 30 31 5N.1. (TEC: Training of New & Expanding Industry) Notwithstanding the amounts appropriated in this section for the “Center 32for Accelerated Technology Training”, it is the intent of the General Assembly that the State Board for Technical and 33Comprehensive Education expend whatever available funds as are necessary to provide direct training for new and expanding 34business or industry. In the event expenditures are above the appropriation, the appropriation in this section for the “Center for 35Accelerated Technology Training” shall be appropriately adjusted, if and only if, revenues exceed projections and the Budget and 36Control Board approves the adjustment. 1 PAGE 156 2 1 5N.2. (TEC: Training of New & Expanded Industry Carry Forward) In addition to the funds appropriated in this section, any of 2the funds appropriated under this section for the prior fiscal year which are not expended during that fiscal year may be carried 3forward and expended for direct training of new and expanding industry in the current fiscal year. 4 5N.3. (TEC: Training of New & Expanded Industry - Payments of Prior Year Expenditures) The State Board for Technical and 5Comprehensive Education may reimburse business and industry for prior year training costs billed to the agency after fiscal year 6closing with the concurrence of the Comptroller General. 7 5N.4. (TEC: NC/GA Reciprocal) The South Carolina Technical Colleges may offer in-state tuition to the bordering North 8Carolina and Georgia communities when a negotiated reciprocal agreement is in effect with the two-year colleges in these 9neighboring regions or when students from these out-of-state communities are employed by South Carolina employers who pay 10South Carolina taxes. 11 5N.5. (TEC: Chester Technology Center) York Technical College is authorized to supplement the current project budget from 12local or other college institutional funds for the Chester Technology Center in an amount sufficient to complete the project based 13on competitive bids with a current projected cost of $8,500,000. The completion must be conducted in a manner that meets the 14college’s instructional needs and schedule. To the extent additional state funds are provided, such funds may be used to reimburse 15the local or college institutional funds. 16 17SECTION 6 - H67 - EDUCATIONAL TELEVISION COMMISSION 18 19 6.1. (ETV: Grants/Contributions Carry Forward) The Educational Television Commission shall be permitted to carry forward 20any funds derived from grant awards or designated contributions and any state funds necessary to match such funds, provided that 21these funds be expended for the programs which they were originally designated. 22 6.2. (ETV: New Facility Equipment Purchases & Renovations) Notwithstanding any other provisions of law, the commission, 23with approval by the Budget and Control Board, is allowed to sell or lease its facilities, property, equipment, programs, 24publications, and other program related materials, and funds received therefrom may be used for equipment purchases and 25renovations of its facilities upon review by the Joint Bond Review Committee and approval by the Budget and Control Board. 26 6.3. (ETV: Digital Satellite) The state’s digital satellite video transmission system will support public and higher education, 27enhance the statewide delivery of health care services, improve public service, and assist state agencies with statewide personnel 28training. To facilitate the achievement of these objectives, there is created a Video Resources Oversight Council composed of 29representatives of the South Carolina Educational Television Commission, the State Department of Education, the Commission on 30Higher Education, the Human Services Coordinating Council, and the Budget and Control Board’s Division of Budget and 31Analyses, Office of Information Technology Policy and Management. 32 33SECTION 7 - H73 - DEPARTMENT OF VOCATIONAL REHABILITATION 34 35 7.1. (VR: Production Contracts Revenue) All revenues derived from production contracts earned by the handicapped trainees of 36the Evaluation and Training Facilities (Workshops) may be retained by the State Agency of Vocational Rehabilitation and used in 1 PAGE 157 2 1the facilities for Client Wages and any other production costs; and further, any excess funds derived from these production 2contracts may be used for other operating expenses and/or permanent improvements of these facilities. 3 7.2. (VR: Reallotment Funds) To maximize utilization of federal funding and prevent the loss of such funding to other states in 4the Basic Service Program, the State Agency of Vocational Rehabilitation be allowed to budget reallotment and other funds 5received in excess of original projections in following State fiscal years. 6 7.3. (VR: Basic Support Program Reconciliation) The General Assembly hereby directs the Department of Vocational 7Rehabilitation to complete a reconciliation of the cost to operate the Basic Support program related to the combination of state and 8federal funds available following the close of each federal fiscal year. Such reconciliation shall begin with the federal fiscal year 9ending September 30, 1989. Federal funds participation for that period shall be applied at the maximum allowable percentage and 10the level of those funds on hand which have resulted from the over participation of state funds shall be remitted to the general fund 11within 120 days following the close of the federal fiscal year. This reconciliation and subsequent remission to the general fund 12shall be reviewed by the State Auditor to ensure that appropriate federal/state percentages are applied. It is the intent of the 13General Assembly that federal/state percentages budgeted and appropriated shall in no way be construed as authorization for the 14department to retain the federal funds involved. 15 7.4. (VR: User/Service Fees) Any revenues generated from user fees or service fees charged to the general public or other 16parties ineligible for the department’s services may be retained to offset costs associated with the related activities so as to not 17affect the level of service for regular agency clients. 18 7.5. (VR: Meal Ticket Revenue) All revenues generated from sale of meal tickets may be retained by the agency and expended 19for supplies to operate the agency’s food service programs or cafeteria. 20 7.6. (VR: Basic Services Program - Educational Scholarships) For those persons with disabilities who are eligible for and are 21receiving services under an approved plan of the S.C. Vocational Rehabilitation Department (consistent with the 1973 22Rehabilitation Act, as amended) tuition costs at state supported institutions (four year, technical, or trade schools) will not increase 23beyond the 1998 tuition rate, will be provided, or will be waived by the respective institution after the utilization of any other 24federal or state student aid for which the student is eligible. Persons eligible for this tuition reduction or sponsorship must meet all 25academic requirements of the particular institution and be eligible for State need-based scholarships as defined in Title 59, Chapter 26142 of the South Carolina Code of Laws. 27 28SECTION 8 - J02 - DEPARTMENT OF HEALTH AND HUMAN SERVICES 29 30 8.1. (DHHS: Recoupment/Restricted Fund) The Department of Health and Human Services shall recoup all refunds and 31identified program overpayments and all such overpayments shall be recouped in accordance with established collection policy. 32Further, the Department of Health and Human Services is authorized to maintain a restricted fund, on deposit with the State 33Treasurer, to be used to pay for liabilities and improvements related to enhancing accountability for future audits. The restricted 34fund will derive from prior year program refunds. The restricted fund shall not exceed one percent of the total appropriation 35authorization for the current year. Amounts in excess of one percent will be remitted to the general fund. 1 PAGE 158 2 1 8.2. (DHHS: Long Term Care Facility Reimbursement Rate) The Department, in calculating a reimbursement rate for long term 2care facility providers, shall obtain for each contract period an inflation factor, developed by the Budget and Control Board, 3Division of Budget and Analyses. Data obtained from Medicaid cost reporting records applicable to long term care providers will 4be supplied to the Budget and Control Board, Division of Budget and Analyses. A composite index, developed by the Budget and 5Control Board, Division of Budget and Analyses will be used to reflect the respective costs of the components of the Medicaid 6program expenditures in computing the maximum inflation factor to be used in long term care contractual arrangements involving 7reimbursement of providers. The Division of Budget and Analyses of the Budget and Control Board shall update the composite 8index so as to have the index available for each contract renewal. 9 The department may apply the inflation factor in calculating the reimbursement rate for the new contract period from zero 10percent (0%) up to the inflation factor developed by the Division of Budget and Analyses. 11 8.3. (DHHS: Medical Assistance Audit Program Remittance) The Department of Health and Human Services shall remit to the 12general fund an amount representing fifty percent (allowable Federal Financial Participation) of the cost of the Medical Assistance 13Audit Program as established in the State Auditor’s Office of the Budget and Control Board Section 63A. Such amount shall also 14include appropriated salary adjustments and employer contributions allocable to the Medical Assistance Audit Program. Such 15remittance to the general fund shall be made monthly and based on invoices as provided by the State Auditor’s Office of the 16Budget and Control Board. 17 8.4. (DHHS: Third Party Liability Collection) The Department of Health and Human Services is allowed to fund the net costs 18of any Third Party Liability and Drug Rebate collection efforts from the monies collected in that effort. 19 8.5. (DHHS: Medicaid State Plan) Where the Medicaid State Plan is altered to cover services that previously were provided by 20100% state funds, the department can bill other agencies for the state share of services provided through Medicaid. The 21department will keep a record of all services affected and submit periodic reports to the Senate Finance and House Ways and 22Means Committees. 23 8.6. (DHHS: Medically Indigent Assistance Fund) The department is authorized to expend disproportionate share funds to all 24eligible hospitals with the condition that all audit exceptions through the receipt and expenditures of these funds are the liability of 25the hospital receiving the funds. 26 8.7. (DHHS: Admin. Days/Swing Beds Reduction Prohibition) Funds appropriated herein for hospital administrative days and 27swing beds shall not be reduced in the event the agency cuts programs and the services they provide. 28 8.8. (DHHS: Nursing Home Sanctions) The Department of Health and Human Services is authorized to establish an interest 29bearing restricted fund with the State Treasurer, to deposit fines collected as a result of nursing home sanctions. The department 30may use these funds consistent with the provision of Section 44-6-470. 31 8.9. (DHHS: Managed Care) The Insurance Law of South Carolina and the regulations promulgated thereunder shall not apply 32to partially capitated, primary care providers, insofar as such groups or individuals are defined by and agree to provide health care 33services under South Carolina’s Medicaid Managed Care Program. 34 8.10. (DHHS: Community Residential Care Optional State Supplementation) The increase to Personal Needs Allowance for 35residents of community residential care facilities, if the federal government grants a cost of living increase to Social Security and 36Supplemental Security Income recipients, will be effective in January. The department will increase the residential care payment 1 PAGE 159 2 1by the amount of the cost of living increase minus $2.00 per recipient for an increase in the Personal Needs Allowance. This 2increase to the Personal Needs Allowance applies to all OSS recipients regardless of whether they receive Social Security and/or 3Supplemental Security Income. The maximum amount of payment a facility can charge will be increased by the same amount as 4the cost of living increase, less $2.00. The department is authorized to maximize a portion of the OSS funds to implement the 5Integrated Personal Care program for eligible residents of community residential care facilities that receive OSS payments. 6 8.11. (DHHS: Registration Fees) The department is authorized to receive and expend registration fees for educational, training, 7and certification programs. 8 8.12. (DHHS: Chiropractic Services) From the funds appropriated herein, the department is directed to provide coverage for 9medically necessary chiropractic services for Medicaid eligible recipients. 10 8.13. (DHHS: Generic Drugs) With respect to prescriptions reimbursed through the South Carolina Medicaid Program, 11Medicaid recipients for whom the pharmaceuticals are intended are deemed to have consented to substitution of a less costly 12equivalent generic product which will result in a cost savings to the South Carolina Medicaid program. Therefore, individual 13patient consent for substitution as required in S.C. Code of Laws Section 40-43-86(H)(6) shall not be required. 14 8.14. (DHHS: Medically Fragile Children’s Programs) Children’s Hospitals in South Carolina or their designee are authorized 15to be the only providers for the State of South Carolina for the Medically Fragile Children’s Programs as defined by the 16Department of Health and Human Services. 17 8.15. (DHHS: Medicaid Eligibility/Promissory Note) Notwithstanding any other provision of law and except as provided 18below, any promissory note received by a Medicaid applicant or recipient or the spouse of a Medicaid applicant or recipient, after 19the enactment of this section, in exchange for assets which if retained by the applicant or recipient or his spouse would cause the 20applicant or recipient to be ineligible for Medicaid benefits, shall for Medicaid eligibility purposes be deemed to be fully 21negotiable under the laws of the State of South Carolina unless it contains language plainly stating that it is not transferable under 22any circumstances. A promissory note will be considered valid for Medicaid purposes only if it is actuarially sound, requires 23monthly installments that fully amortize it over the life of the loan, and is free of any conditional or self-canceling clauses. 24 8.16. (DHHS: Fraud and Abuse Collections) The Department of Health and Human Services may offset the administrative 25costs associated with controlling fraud and abuse. 26 8.17. (DHHS: Hospital Tax - Medicaid Expansion Fund) The tax on licensed hospitals imposed pursuant to Article 11, Chapter 2723, Title 12 of the 1976 Code, must initially equal two hundred and sixty-four million dollars. The amount of each general 28hospital’s tax shall be derived from Schedule B, Part 1 of each hospital’s cost report. The initial annual tax shall be collected, 29beginning July 1, 2006, based upon the reconciled account of each general hospital under this Article considering any partial 30payments or uncollected portion of the previous assessment under this Article for the fiscal year ending June 30, 2006 and upon 31notification from the Department of Revenue, on behalf of and based upon calculations performed by the Department of Health 32and Human Services, each general hospital shall remit the balance due based on a payment schedule as determined by the 33Department of Health and Human Services. Furthermore, beginning July 1, 2006, on the first day of each quarter, each general 34hospital shall remit one-fourth of a second and each successive annual tax, as calculated above, based upon operations conducted 35during the fiscal year ending June 30, 2007, and each successive state fiscal year, to the Department of Revenue. The tax must be 36paid for each quarter a hospital is in operation. If a hospital ceases operations, the taxes not paid as a result of the cessation of 1 PAGE 160 2 1operations must be apportioned among other hospitals in operation. In addition to the purposes specified in Section 44-6-155, 2monies in the Medicaid Expansion Fund shall be used to provide healthcare coverage to the Medicaid-eligible and uninsured 3populations in South Carolina. 4 8.18. (DHHS: Provider Reimbursement Rate Report) The Department of Health and Human, in conjunction with the Office of 5Research and Statistics of the Budget and Control Board, shall prepare a report that compares the reimbursement rate of Medicaid 6providers to the reimbursement rate of the Medicare Program and the State Health Plan. This report shall be completed by January 731, each year, and submitted to the Governor and the Chairmen of the Senate Finance and House Ways and Means Committees. 8 8.19. (DHHS: Medicaid Eligibility Transfer) Notwithstanding any other provision of law, the South Carolina Department of 9Health and Human Services (DHHS) is hereby authorized to determine the eligibility of applicants for the South Carolina Medicaid 10Program. Personnel of the Department of Social Services (DSS) engaged in this function full-time, and other DSS personnel 11engaged in this function who are identified by agreement of DSS and DHHS, are transferred to DHHS. The governing authority of 12each county shall continue to provide office space and facility service for this function as they do for DSS functions under Section 1343-3-65. 14 8.20. (DHHS: Prescription Reimbursement Payment Methodology) The prescription dispensing fee for the current fiscal year is 15not less than $4.05 per prescription filled. Prescription reimbursements must be the lowest of: the federal upper limit of payment 16or South Carolina maximum allowable cost (MAC) for the drug, if any, less 10% plus the current dispensing fee; the average 17wholesale price (AWP) less 10%; or the provider’s usual and customary charge to the general public for the dispensed product. 18The Department of Health and Human Services shall adjust the dispensing fee as necessary to offset any negative change in the 19federal reimbursement methodology from the prior fiscal year. The department shall submit a report by January 31, 2008 to the 20Chairmen of the House Ways and Means Committee and the Senate Finance Committee summarizing any changes in the federal 21reimbursement methodology and the impact of the changes on the state prescription reimbursement payment. 22 8.21. (DHHS: Franchise Fees Suspension) Franchise fees imposed on nursing home beds and enacted by the General Assembly 23during the 2002 session are suspended July 1, 2002. 24 8.22. (DHHS: Medicaid Monthly Maintenance Needs Allowance) The Department of Health and Human Services, phased-in 25ratably over five years, shall conform South Carolina’s State Medicaid Monthly Maintenance Needs Allowance to the most current 26maximum amounts authorized by the Federal Government. The department may utilize, to the extent necessary, general funds 27appropriated to the agency in Part IA of this act to implement the provisions of this paragraph. 28 8.23. (DHHS: Medicaid Cost Savings Suggestion Award Program) The department is authorized to provide cash or honorary 29awards to employees of Medicaid providers whose suggestion is adopted by the committee administering the Medicaid Cost 30Savings Suggestion Award Program that will result in savings of state or federal dollars. Employees of the department are not 31eligible for cash awards. The department is authorized to fund this program from revenue from third party liability collections. 32The maximum amount of funds that may be used annually for the program is $20,000. 33 8.24. (DHHS: Program Integrity Efforts) The Department of Health and Human Services is instructed to expand its program 34integrity efforts by utilizing resources both within and external to the agency including, but not limited to, the ability to contract 35with other entities for the purpose of maximizing the department’s ability to detect and eliminate provider fraud. 1 PAGE 161 2 1 8.25. (DHHS: Pharmacy and Therapeutics Committee) There is established within the department the Pharmacy and 2Therapeutics Committee. The committee must consist of fifteen members appointed by the director and serving at his pleasure. 3The members must include eleven physicians and four pharmacists licensed to practice in South Carolina and actively engaged in 4providing services to the South Carolina Medicaid population. The physicians may include, but are not limited to, doctors who 5have experience in treating diabetes, cancer, HIV/AIDS, mental illness, and hemophilia and who practice in internal medicine, 6primary care, and pediatrics. The committee shall adopt by-laws that include, at a minimum, the length of a membership. A 7chairman and a vice chairman shall be elected on an annual basis from the committee membership. Committee members must not 8be compensated for service on the committee. However, committee members may be reimbursed for actual and necessary 9expenses incurred pursuant to discharging committee duties in an amount not to exceed the mileage and subsistence amounts 10allowed by law for members of boards, commissions, and committees. The committee must meet at least quarterly and may meet 11at other times at the discretion of the chairman or the director of the department. Committee meetings are subject to the provisions 12of the Freedom of Information Act. The department shall publish notice of regular business meetings of the committee at least 13thirty days before the meeting. However, the director or chairman may call special meetings of the committee and provide such 14notice as may be practical. The committee must provide for public comment, including comment on clinical and patient care data 15from Medicaid providers, representatives of the pharmaceutical industry, and patient advocacy groups. Proprietary information as 16defined in the trade secret law shall not be discussed. Trade secrets as defined in Section 30-4-40(a)(1) and relevant federal law 17must not be publicly disclosed. The committee must recommend to the department therapeutic classes of drugs that should be 18included on a Preferred Drug List. For those recommended classes, the committee shall recommend the drug or drugs considered 19preferred within that class based on safety and efficacy. In determining safety and efficacy, the committee may consider all 20submitted public comment or clinical information including, but not limited to, scientific evidence, standards of practice, peer- 21reviewed medical literature, randomized clinical trials, pharmacoeconomic studies, and outcomes research data. The committee 22also shall recommend prior authorization criteria for nonpreferred drugs in the recommended therapeutic classes. Any Preferred 23Drug List program implemented by the department must include: (1) procedures to ensure that a request for prior authorization 24that has no material defect or impropriety can be processed within twenty-four hours of receipt; (2) procedures to allow the 25prescribing physician to request and receive notice of any delays or negative decision in regard to a prior authorization; (3) 26procedures to allow the prescribing physician to request and receive a second review of any denial of a prior authorization request; 27and (4) procedures to allow a pharmacist to dispense an emergency, seventy-two hour supply of a drug requiring prior 28authorization without such prior authorization if the pharmacist: (a) has made a reasonable attempt to contact the physician and 29request that the prescribing physician secure prior authorization; and (b) reasonably believes that refusing to dispense a seventy- 30two-hour would unduly burden the Medicaid recipient and produce an undesirable health consequences. A grant of prior 31authorization for a drug is specific to the drug, rather than the actual prescription, and extends to all refills allowed pursuant to the 32original prescription and to subsequent prescriptions for the same drug at the same dosage provided the time allowed by the prior 33authorization has not expired. A Medicaid recipient who has been denied prior authorization for a prescribed drug is entitled to 34appeal this decision through the department’s appeals process. 1 PAGE 162 2 1 8.26. (DHHS: Medicaid Quarterly Fiscal Impact Statements) Effective July 1, the director must submit quarterly fiscal impact 2statements to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee 3itemizing changes to the Medicaid program for the reporting period. 4 8.27. (DHHS: Prior Authorization Exemptions) The Department of Health and Human Services must expend funds 5appropriated for pharmaceutical services without prior authorization on medications prescribed to treat major depression, 6schizophrenia, or bipolar disorder as defined by the most recent edition of the Diagnostics and Statistical Manual of the American 7Psychiatric Association or following prescribing practice guidelines established by the American Psychiatric Association, or 8HIV/acquired immune deficiency syndrome, or oncology related pharmaceuticals. Operational procedures necessary to insure the 9appropriate use and prevent the non-FDA approved use of these medications will be allowed. 10 8.28. (DHHS: Post Payment Review) The department is directed to perform post payment reviews as permitted under Medicaid 11regulations to ensure compliance with the Hyde Amendment provisions as it relates to the performance of medically necessary 12services under the Medicaid program. The results of such reviews shall be available to the General Assembly upon request in a 13format that meets the requirements of the Health Insurance Accountability and Portability Act (HIPAA) and Medicaid 14confidentiality regulations. 15 8.29. (DHHS: Prevention Partnership Grants) The Department of Health and Human Services must implement a Prevention 16Partnership Grants Program with funds appropriated herein for prevention grants. Of these funds $1,000,000 shall be allocated to 17the Department of Health and Environmental Control for HIV Prevention. Of the funds, $200,000 shall be allocated to the 18Eastover Medical Center. Grants must be awarded through a competitive process to government agencies, private foundations and 19businesses, and/or non-profit organizations that operate preventive health programs with documented outcomes. To prevent 20duplication, the department must also function as a clearinghouse for all of the state's prevention and healthy lifestyle activities 21identified in the activity inventories agencies submitted to the State Budget Office. Information provided to the department for the 22clearinghouse must include, at a minimum, details on expenditures, administrative costs, recipients, and outcomes. The department 23will use this clearinghouse to identify gaps and overlaps in the state's prevention and healthy lifestyle efforts, and then develop and 24present to the Governor and Chairmen of the Senate Finance, House Ways and Means, Senate Medical Affairs, and House 25Medical, Military, Public and Municipal Affairs Committees an interagency state prevention and healthy living plan, including 26guidelines for administration and distribution of prevention partnership grants, annually by September 30th. All state agencies, 27whether specifically identified in this section or not, must provide information upon the department's request. 28 8.30. (DHHS: Medicaid Cost and Quality Effectiveness) The Department of Health and Human Services shall establish a 29procedure to assess the various forms of managed care (Health Maintenance Organizations and Medical Home Networks, and any 30other forms authorized by the department) to measure cost effectiveness and quality. These measures must be conducted by 31December 15 of each year. In addition to the cost effectiveness calculations, HMOs and MHNs must conduct annual patient and 32provider satisfaction surveys equivalent to those sanctioned by nationally recognized managed care accrediting organizations. Cost 33effectiveness shall be determined in an actuarially sound manner and data must be aggregated in a manner to be determined by a 34third party actuary in order to adequately compare cost effectiveness of the different managed care programs. The program 35measures must use a case-mix adjustment that encourages the managed care organizations to enroll and manage all beneficiaries. 36The results of the cost effectiveness calculations and the patient and provider satisfaction surveys must be made available to the 1 PAGE 163 2 1Speaker of the House, Chairman of the Ways and Means Committee, President Pro Tempore of the Senate, and Chairman of the 2Senate Finance Committee no less than 45 days after the measures have been collected. 3 8.31. (DHHS: Targeted Case Management) The funds appropriated in Part IA, Section 8, Program II.A.6 for Targeted Case 4Management shall be distributed by the department in the following manner: $180,000 to the School for the Deaf and the Blind; 5$115,600 to the Department of Health and Environmental Control; $632,641 to the Department of Mental Health; $272,000 to 6Department of Alcohol and Other Drug Abuse Services; and $17,000,000 to the Department of Social Services. 7 8.32. (DHHS: Program for All-Inclusive Care for the Elderly) By September 1,2006, the Department of Health and Human 8Services shall study the feasibility of the expansion of the PACE Program to Orangeburg and Calhoun Counties and report its 9findings to the Chairmen of the House Ways and Means Committee and the Senate Finance Committee. 10 8.33. (DHHS: Hemophilia Study Committee) The Department of Health and Human Services in conjunction with the 11Department of Health and Environmental Control must report to the Governor, the Chairman of the Senate Finance Committee, 12the Chairman of the House Ways and Means Committee on the costs of converting our state’s hemophilia assistance program to a 13Medicaid program, the potential impact to individuals who qualify under our current program but would not qualify under 14Medicaid, and best practices employed by other states. This report is due no later than December 15, 2006. 15 8.34. (DHHS: Federally Qualified Health Centers-Pharmacies) (A) Federally qualified health centers are exempt suspended 16from provisions of Chapter 43, Title 40 of the 1976 Code that require: 17 (1) all facilities distributing or dispensing prescription drugs to be permitted by the Board of Pharmacy; 18 (2) each pharmacy to have a pharmacist-in-charge; 19 (3) a pharmacist to be physically present in the pharmacy or health center delivery site in order to serve as the pharmacist-in- 20charge; 21 (4) a pharmacist to serve as a pharmacist-in-charge for only one pharmacy at a time. 22 (B) A federally qualified health center must be recognized as a covered entity under Section 40-43-60(I) of the 1976 Code 23allowing licensed practitioners, as defined by Section 40-43-30(45), to dispense drugs or devices that are the lawful property of the 24practitioner or the corporation. 25 (C) A federally qualified health center may transport medications in the same manner as allowed by laws for free clinics and/or 26private physician practices. 27 8.35. (DHHS: High Management Group Homes/Psychiatric Residential Treatment Facility) An existing facility currently 28licensed by the South Carolina Department of Social Services and enrolled with the Medicaid agency as a High Management 29Group Home provider may elect to be enrolled with the Medicaid agency as a Psychiatric Residential Treatment Facility and 30 licensed by the Department of Health and Environmental Control as a Residential Treatment Facility provided the facility meets 31the following criteria: 32 1) Department of Health and Environmental Control licensing standards outlined in Regulation 61-103 regarding 33Residential Treatment Facilities; 34 2) State and federal laws, regulations, and policies regarding participation as a Psychiatric Residential Treatment Facility. 35 A High Management Group Home facility may request and be granted a Certificate of Need exemption from the Department of 36 Health and Environmental Control for up to the number of beds existing as of January 1, 2007 . Any such request must be 1 PAGE 164 2 1 submitted to DHEC prior to January 1, 2008. If the current High Management Group Home facility cannot meet licensing 2 standards or obtain an exemption or waiver from licensing standards of the Department of Health and Environmental Control, the 3High Management Facility, licensed by the Department of Social Services and enrolled with the Medicaid agency as a High 4 Management Group Home, may move and rebuild within the adjacent 20 miles up to the number of beds existing at the facility on 5January 1, 2007 and obtain the same exemptions. Facilities seeking to increase the existing number of beds beyond those held on 6January 1, 2007, or relocate outside of the 20 mile radius will be subject to all CON and licensing requirements. 7 High Management Group Homes not electing to operate as a Psychiatric Residential Treatment Facility may continue to receive 8non-Medicaid state and federal funds only, except as allowed under a transition plan authorized by the Medicaid agency. 9 8.36. (DHHS: State Children’s Health Insurance Program) The Department of Health and Human Services shall establish a 10separate, stand-alone plan under the authority of the State Children’s Health Insurance Program (SCHIP) for the purpose of 11expanding eligibility for children up to two hundred percent (200%) of the prevailing federal poverty level. All other Medicaid 12eligibility criteria shall apply. For these purposes, a child is considered to be an individual under the age of nineteen. This plan 13shall operate as a combination program complementing existing Medicaid and Medicaid SCHIP expansion programs. The 14program shall be modeled on private insurance and the benefits package must be substantially equal to the benefits provided by: 151) Federal Employee Health Benefits Program Standard Option; or, 2) a plan offered to state employees; or, 3) a plan offered by 16an HMO with the largest commercial enrollment in the state; or, 4) a plan approved by the Secretary of the Federal Department of 17Health & Human Services. The private benefit plan must include dental and visual benefits substantially equal to those benefits 18currently offered to existing beneficiaries under the Medicaid program. Implementation of this program is contingent upon the 19availability of Federal funding appropriated for this purpose. The department shall be authorized to limit the number of enrollees, 20close enrollment, or establish a waiting list as necessary so as not to exceed available state appropriations. No cost sharing 21provision shall be applied. Enrollment will begin no sooner than October 1, 2007. 22 8.37. (DHHS: South Carolina Child Abuse and Neglect Medical Response Program) Of the funds already appropriated, the 23Department of Health and Human Services shall establish the South Carolina Child Abuse and Neglect Medical Response 24Program, a coordinated program to address the medical needs of children who are suspected victims of child abuse or neglect. 25The program shall be responsible for: (a) improving the quality and consistency of forensic medical services provided to children; 26(b) increasing the number of qualified medical providers in the State; and (c) providing forensic medical resources to medical 27providers, agencies, and other organizations involved in the assessment, investigation, and prosecution of child abuse and neglect. 28 8.38. (DHHS: In-Home Nursing Program) DELETED 29 8.39. (DHHS: Cash Balances) DELETED 30 8.40. (DHHS: IMD Study Committee) The Department of Health and Human Services shall coordinate a committee to study 31the availability of care and services provided to adult residents by community residential care facilities in South Carolina. The 32committee shall consist of seven members as follows; two members appointed by the Governor, one of whom shall serve as 33chairman, one member appointed by the President Pro Tempore of the Senate, one member appointed by the Speaker of the House, 34one member appointed by the Chairman of the Senate Finance Committee, one member appointed by the Chairman of the Ways 35and Means Committee and the Director of the Department of Health and Human Services or his designee who shall serve ex- 36officio. The appointed members may be from either the public or private sector of the state. The committee is tasked with studying 1 PAGE 165 2 1the manner in which services are provided to adults in residential care facilities and making recommendations about the specific 2services that should be provided and the manner in which they should be provided. The committee shall consider the impact that 3the Federal Institute of Mental Disease (IMD) exclusion may have on the cost and accessibility of services provided by community 4residential care facilities. The committee shall report their findings to the General Assembly and the Governor no later than June 59, 2008. Committee members shall serve without compensation. 6 7SECTION 9 - J04 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL 8 9 9.1. (DHEC: County Health Departments Funding) Out of the appropriation provided in this section for “Access to Care”, the 10sum of $25,000 shall be distributed to the county health departments by the commissioner, with the approval of the Board of 11Department of Health and Environmental Control, for the following purposes: 12 1. To insure the provision of a reasonably adequate public health program in each county. 13 2. To provide funds to combat special health problems that may exist in certain counties. 14 3. To establish and maintain demonstration projects in improved public health methods in one or more counties in the 15promotion of better public health service throughout the State. 16 4. To encourage and promote local participation in financial support of the county health departments. 17 5. To meet emergency situations which may arise in local areas. 18 6. To fit funds available to amounts budgeted when small differences occur. 19 The provisions of this proviso shall not supersede or suspend the provisions of Section 13-7-30 of the 1976 Code. 20 9.2. (DHEC: County Special Projects) Counties may continue to fund special projects in conjunction with the county health 21departments. Salaries for county special project employees, including merit increases and fringe benefits, shall be totally funded 22by the counties involved. County special project employees shall not be under the state compensation plan and they shall receive 23their compensation directly from the counties. 24 9.3. (DHEC: County Health Units) Federal funds made available to the Department of Health and Environmental Control for 25the allocation to the counties of the State for operation of county health units be allotted on a basis approved by the Board of the 26Department of Health and Environmental Control and the amount of state funds appropriated herein for Access to Care, except for 27salary increases, shall be allocated on a basis such that no county budget shall receive less than the amount received in the prior 28fiscal year. 29 9.4. (DHEC: Camp Burnt Gin) Private donations or contributions for capital improvements at Camp Burnt Gin shall be 30deposited in a restricted account and carried forward until sufficient amounts are available for such improvements. Any 31expenditures from the account must first be approved by the Budget and Control Board and the Joint Bond Review Committee. 32 9.5. (DHEC: Children’s Rehabilitative Services) The Children’s Rehabilitative Services shall be required to utilize any 33available financial resources including insurance benefits and/or governmental assistance programs, to which the child may 34otherwise be entitled in providing and/or arranging for medical care and related services to physically handicapped children 35eligible for such services, as a prerequisite to the child receiving such services. 1 PAGE 166 2 1 9.6. (DHEC: Cancer/Hemophilia) Notwithstanding any other provisions of this act, the funds appropriated herein for 2prevention, detection and surveillance of cancer as well as providing for cancer treatment services $1,021,119 and the hemophilia 3assistance program, $1,972,013 shall not be transferred to other programs within the agency and when instructed by the Budget and 4Control Board or the General Assembly to reduce funds within the department by a certain percentage, the department may not act 5unilaterally to reduce the funds for any cancer treatment program and hemophilia assistance program provided for herein greater 6than such stipulated percentage. 7 9.7. (DHEC: Speech & Hearing) The Department of Health and Environmental Control shall utilize so much of the funds 8appropriated in this section as may be necessary to continue the Speech and Hearing programs. 9 9.8. (DHEC: Local Health Departments) Counties of the state will be relieved of contribution requirements for salary, fringe 10benefits and travel reimbursement to local health departments. The amount of $5,430,697 is appropriated for county health 11department salaries, fringe benefits and travel. These funds and other state funds appropriated for county health units may, based 12upon need, be utilized in either salary or travel categories. Each county shall provide all other operating expenses of the local 13health department in an amount at least equal to that appropriated for operations for each county in Fiscal Year 1981. In the event 14any county makes uniform reductions in appropriations to all agencies or departments for maintenance and operations, exclusive of 15salaries and fringe benefits, a like reduction shall be made in funds appropriated for the operating expenses of the local health 16department. 17 9.9. (DHEC: Insurance Refunds) The Department of Health and Environmental Control is authorized to budget and expend 18monies resulting from insurance refunds for prior year operations for case services in family health. 19 9.10. (DHEC: Emergency Medical Services) Funds appropriated herein for Emergency Medical Services, shall be allocated for 20the purpose of improving and upgrading the EMS system throughout the state. The monies allocated to the Counties are for the 21purpose of improving or upgrading the local EMS system through the licensed ambulance services, the monies allocated to the 22EMS Regional Councils are for the administration of training programs and technical assistance to local EMS organizations and 23county systems. All additional funds are to be allocated as follows: to the counties at the ratio of 81% of the additional funds 24appropriated herein, to the EMS Regions at a ratio of 12% of the additional funds appropriated herein and to the state EMS Office 25at the ratio of 7% of the additional funds appropriated herein. The Department of Health and Environmental Control shall develop 26criteria and guidelines and administer the system to make allocations to each region and county within the state, based on 27demonstrated need and local match. Funds appropriated, $2,138,803, to Emergency Medical Services shall not be transferred to 28other programs within the department’s budget. Unexpended funds appropriated to the program may be carried forward to 29succeeding fiscal years and expended for administrative and operational support (excluding salaries) and for temporary and 30contract employees to assist with duties related to improving and upgrading the EMS system throughout the state, including 31training of EMS personnel and administration of grants to local EMS providers. In addition, when instructed by the Budget and 32Control Board or the General Assembly to reduce funds by a certain percentage, the department may not reduce the funds 33appropriated for EMS Regional Councils or Aid to Counties greater than such stipulated percentage. 34 9.11. (DHEC: Rape Violence Prevention Contract) Of the amounts appropriated in Rape Violence Prevention, $586,346 shall 35be used to support programmatic efforts of the state’s rape crisis centers with distribution of these funds based on the Department 1 PAGE 167 2 1of Health and Environmental Control Rape Violence Prevention Program service standards and each center’s accomplishment of a 2pre-approved annual action plan. 3 9.12. (DHEC: Sickle Cell Blood Sample Analysis) $16,000 is appropriated in Independent Living for the Sickle Cell Program 4for Blood Sample Analysis and shall be used by the department to analyze blood samples submitted by the four existing regional 5programs - Region I, Barksdale Sickle Cell Anemia Foundation in Spartanburg; Region II, Clark Sickle Cell Anemia Foundation in 6Columbia; Region III, Committee on Better Racial Assurance Hemoglobinopathy Program in Charleston; and the Orangeburg Area 7Sickle Cell Anemia Foundation. 8 9.13. (DHEC: Sickle Cell Programs) $1,425,000 is appropriated for Sickle Cell program services and shall be apportioned as 9follows: 10 (1) 67% is to be divided equitably between the existing Community Based Sickle Cell Programs located in Spartanburg, 11Columbia, Orangeburg, and Charleston; and 12 (2) 33% is for the Community Based Sickle Cell Program at DHEC. 13 The funds shall be used for providing prevention programs, educational programs, testing, counseling and newborn screening. 14The balance of the total appropriation must be used for Sickle Cell Services operated by the Independent Living program of 15DHEC. The funds appropriated to the community based sickle cell centers shall be reduced to reflect any percent reduction 16assigned to the Department of Health and Environmental Control by the Budget and Control Board; provided, however, that the 17department may not act unilaterally to reduce the funds for the Sickle Cell program greater than such stipulated percentage. The 18department shall not be required to undertake any treatment, medical management or health care follow-up for any person with 19sickle cell disease identified through any neonatal testing program, beyond the level of services supported by funds now or 20subsequently appropriated for such services. No funds appropriated for ongoing or newly established sickle cell services may be 21diverted to other budget categories within the DHEC budget. 22 9.14. (DHEC: Genetic Services) The sum of $194,856 appearing under the Independent Living program of this act shall be 23appropriated to and administered by the Department of Health and Environmental Control for the purpose of providing appropriate 24genetic services to medically needy and underserved persons. Such funds shall be used by the department to administer the 25program and to contract with appropriate providers of genetic services. Such services will include genetic screening, laboratory 26testing, counseling, and other services as may be deemed beneficial by the department, and these funds shall be divided equally 27among the three Regional Genetic Centers of South Carolina, composed of units from the Medical University of South Carolina, 28the University of South Carolina School of Medicine, and the Greenwood Genetic Center. 29 9.15. (DHEC: Revenue Carry Forward Authorization) The Department of Health & Environmental Control is hereby 30authorized to collect, expend, and carry forward revenues in the following programs: Sale of Goods (confiscated goods, arm 31patches, etc.), sale of meals at Camp Burnt Gin, sale of publications, brochures, Spoil Easement Areas revenue, performance bond 32forfeiture revenue for restoring damaged critical areas, beach renourishment appropriations, photo copies and certificate forms, 33including but not limited to, pet rabies vaccination certificate books, sale of listings and labels, sale of State Code and 34Supplements, sale of films and slides, sale of maps, sale of items to be recycled, including, but not limited to, used motor oil and 35batteries, sale and/or licensing of software products developed and owned by the Department, and collection of registration fees for 36non-DHEC employees. Any unexpended balance carried forward must be used for the same purpose. 1 PAGE 168 2 1 9.16. (DHEC: Pharmacist Permits) The Department of Health and Environmental Control shall be exempted from the 2requirements of Section 40-43-83 of the 1976 Code of Laws, as amended, as it relates to the requirement that all facilities 3distributing or dispensing prescription drugs must be permitted by the Board of Pharmacy and the requirement that each pharmacy 4shall have a pharmacist-in-charge. Each DHEC Health District shall be required to have a permit to distribute or dispense 5prescription drugs. Further, the department shall be exempted from the requirements of Section 40-43-86 of the 1976 Code of 6Laws, as amended, as it relates to the requirement that a pharmacist may not serve as pharmacist-in-charge unless he is physically 7present in the pharmacy and the requirement that a pharmacist may not serve as a pharmacist-in- charge for more than one 8pharmacy at a time, so that one pharmacist-in-charge may be designated by the department for more that one district. 9 9.17. (DHEC: Medicaid Nursing Home Bed Days) Pursuant to Section 44-7-84(A) of the 1976 Code, the maximum number of 10Medicaid patient days for which the Department of Health and Environmental Control is authorized to issue Medicaid nursing 11home permits is 4,452,015. 12 9.18. (DHEC: Health Licensing Fee) Funds resulting from an increase in the Health Licensing Fee Schedule shall be retained 13by the department to fund increased responsibilities of the health licensing programs. Failure to submit a license renewal 14application or fee to the department by the license expiration date shall result in a late fee of $75 or 25% of the licensing fee 15amount, whichever is greater, in addition to the licensing fee. Continual failure to submit completed and accurate renewal 16applications and/or fees by the time period specified by the department shall result in enforcement actions. The department may 17waive any or all of the assessed late fees in extenuating circumstances, as long as it is with public knowledge. 18 9.19. (DHEC: Medical & Dental Loan Program) Notwithstanding other provisions of law, unobligated funds in the Medical & 19Dental Loan program may be expended for other health service programs. 20 9.20. (DHEC: Infectious Waste Contingency Fund) The Department of Health and Environmental Control is authorized to use 21not more than $75,000 from the Infectious Waste Contingency Fund per year for personnel and operating expenses to implement 22the Infectious Waste Act. 23 9.21. (DHEC: Nursing Home Medicaid Bed Day Permit) When transfer of a Medicaid patient from a nursing home is necessary 24due to violations of state or federal law or Medicaid certification requirements, the Medicaid patient day permit shall be transferred 25with the patient to the receiving nursing home. The receiving facility shall apply to permanently retain the Medicaid patient day 26permit within sixty days of receipt of the patient. 27 9.22. (DHEC: Mineral Sets Revenue) The department is authorized to charge a reasonable fee for mineral sets. Funds 28generated from the sale of mineral sets may be retained by the department in a revolving account with a maximum carry forward of 29$2,000 and must be expended for mineral set supplies and related mining and reclamation educational products. 30 9.23. (DHEC: Spoil Easement Areas Revenue) The department is authorized to collect, retain and expend funds received from 31the sale of and/or third party use of spoil easement areas, for the purpose of meeting the State of South Carolina’s responsibility for 32providing adequate spoil easement areas for the Atlantic Intracoastal Waterway in South Carolina. 33 9.24. (DHEC: Per Visit Rate) The SC DHEC is authorized to compensate nonpermanent, part-time employees on a fixed rate 34per visit basis. Compensation on a fixed rate per visit may be paid to employees for whom the department receives per visit 35reimbursement from other sources. These individuals will provide direct patient care in a home environment. The per visit rate 36may vary based on the discipline providing the care and the geographical location of services rendered. Management may pay 1 PAGE 169 2 1exempt or nonexempt employees as defined by the Fair Labor Standards Act only when they are needed to work. Individuals 2employed in this category may exceed twelve months, but are not eligible for State benefits except for the option of contributing to 3the State Retirement System. 4 9.25. (DHEC: Allocation Patient Days) The department will allocate additional Medicaid patient days authorized above the 5previous fiscal year’s level based on the percentage of the additional requested Medicaid patient days and a percentage of the need 6indicated by the Community Long Term Care waiting list in priority order: (1) to those nursing homes currently holding a 7Medicaid nursing home permit; (2) to those nursing homes that are currently licensed, but do not participate in the Medicaid 8program; (3) to those nursing homes that have been approved under the Certificate of Need program. Facilities licensed as of July 91, 2006 shall not have their Medicaid permits or licensed bed capacity reduced by the department except as provided in Section 44- 107-84(B) or 44-7-290 of the 1976 Code. 11 9.26. (DHEC: Certificate of Public Advantage) Notwithstanding Regulation 61-31, Health Care Cooperative Agreements and 12other provisions of law, should the department of Health and Environmental Control issue a Certificate of Public Advantage, the 13applicant will pay to the department, an annual monitoring fee to cover the actual cost of audits and monitoring. This fee shall be 14used by the department in whatever manner solely for the purpose of monitoring Certificates of Public Advantage as set forth in 15Section 44-7-570(A). 16 9.27. (DHEC: Allocation of Indirect Cost and Recoveries) The department shall continue to deposit in the general fund all 17indirect cost recoveries derived from state general funds participating in the calculation of the approved indirect cost rate. Further 18administration cost funded with other funds used in the indirect cost calculation shall, based on their percentage, be retained by the 19agency to support the remaining administrative costs of the agency. 20 9.28. (DHEC: MCH-Abstinence Education) The agency under contract with the State of South Carolina as of December 2000, 21and funded with federal funds under the provisions of Title V, Section 510, must continue to be under contract at the same funding 22level, for the same purposes for the current fiscal year until September 30, 2004. Applicants for Title V, Section 510 funding must 23have a proven and public history of having effectively implemented a program using a National Abstinence Clearinghouse (NAC) 24approved curricula for a minimum of one year prior to their application for the abstinence-only federal funds. NAC is the agency 25the federal Department of Health and Human Services has chosen to provide a comprehensive, national list of approved 26abstinence-only education curricula that is consistent with the A through H legislative requirements defined in Title V, Section 27510(b)(2). A five member committee shall oversee the bid process. The five member committee shall be composed as follows: 28the President Pro Tempore of the Senate shall appoint two members of the committee, the Speaker of the House shall appoint two 29members of the committee and the Governor shall appoint one member of the committee. 30 9.29. (DHEC: Church/Charitable Organization Food Preparation) The Department of Health and Environmental Control shall 31not use any funds appropriated or authorized to the department to enforce Regulation 61-25 to the extent that the regulation would 32prohibit churches and charitable organizations from preparing and serving food to the public on their own premises at not more 33than one function a month or not more than twelve functions a year. 34 9.30. (DHEC: Permitted Site Fund) The South Carolina Department of Health and Environmental Control may expend funds as 35necessary from the permitted site fund established pursuant to Section 44-56-160(B)(1), for legal services related to environmental 36response, regulatory, and enforcement matters, including administrative proceedings and actions in state and all federal courts. 1 PAGE 170 2 1 9.31. (DHEC: Health Disparities Study) The Department of Health and Environmental Control will provide leadership in the 2implementation of the State Health Improvement Plan with specific goals similar to the national Healthy People 2010 goals and 3targeting health disparities among our state’s minority population. The Plan will address the areas of diabetes, cardiovascular 4disease, stroke, cancer, HIV/AIDS, infant mortality and childhood/adult immunizations. Working with public and private health 5care institutions, state agencies and providers, DHEC will provide leadership in the coordination of services, elimination of 6duplication and coordination of federal and state funding. 7 9.32. (DHEC: Use of Radiological Fees) Notwithstanding Section 13-7-85 of the 1976 Code of Laws, the Department of Health 8and Environmental Control is authorized to retain all funds generated above monies remitted to the general fund in FY 2000 -2001 9from fees listed in regulation R61-64 Title B (X-Rays). 10 9.33. (DHEC: Head Lice) Notwithstanding any other provision of law, the Department of Health and Environmental Control is 11authorized to expend $200,000 in other fund accounts in order to fund the head lice program statewide. 12 9.34. (DHEC: Shift Increased Funds) The Director is authorized to shift increased appropriated funds in this act to offset 13shortfalls in other critical program areas. 14 9.35. (DHEC: Health Licensing Monetary Penalties) In the course of regulating health care facilities/services, the Division of 15Health Licensing (DHL) assesses civil monetary penalties against nonconforming providers. DHL shall retain up to the first 16$50,000 of civil monetary penalties collected each fiscal year and these funds shall be utilized solely to carry out and enforce the 17provisions of regulations applicable to that Division. These funds shall be separately accounted for in the Department’s fiscal 18records. 19 9.36. (DHEC: Health Facility Monetary Penalties) In the course of regulating health care facilities/services, the Bureau of 20Health Facilities and Services Development (BHF) assesses civil monetary penalties against nonconforming providers. BHF shall 21retain up to the first $100,000 of civil monetary penalties collected each fiscal year and these funds shall be utilized solely to carry 22out and enforce the provisions of regulations applicable to that Bureau. These funds shall be separately accounted for in the 23Department’s fiscal records. 24 9.37. (DHEC: Radiological Health Monetary Penalties) In the course of regulating health care facilities/services, the Bureau of 25Radiological Health (BRH) assesses civil monetary penalties against nonconforming providers. BRH shall retain up to the first 26$30,000 of civil monetary penalties collected each fiscal year and these funds shall be utilized solely to carry out and enforce the 27provisions of regulations applicable to that Bureau. These funds shall be separately accounted for in the Department’s fiscal 28records. 29 9.38. (DHEC: Nonionizing Radiation Inspections) The department shall have no duty to inspect a source of nonionizing 30radiation unless it has received credible information indicating a violation of applicable statutes or regulations or the existence of 31an emergency. 32 9.39. (DHEC: Recreational Waters Fees) In addition to those fees already authorized, funds resulting from an increase in the 33Recreational Waters Fee Schedule as stated below shall be retained by the department to fund responsibilities for recreational 34waters permitting and inspection programs. 35 (a) Construction Permit Application Fees: 1 PAGE 171 2 1 (i) Type “A,” “B,” “C,” “D,” and, “F” Pools (as defined in 24A S.C. Code Ann. Regulation 61-51) - $400 plus $.50 per 2square foot of surface area; 3 (ii) Type “E” Pools (as defined in 24A S.C. Code Ann. Regulation 61-51) - $1,000 per flume (including minimum 4required design landing area) or water course, to include water slide. Additional area above minimum required landing area and all 5other Type “E” pools will be charged according to (i) above; 6 (iii) The Department may collect an additional $250 from the owner for each repeat final inspection that is required due to 7incomplete construction or construction that is not in accordance with permitted plans and specifications. 8 (b) Annual Operating Permits: 9 (i) Type “A,” “B,” “C,” “D,” and “F” Pools - $125 for the first pool on a property plus $100 for each additional pool on 10the same property; 11 (ii) Type “E” Pools - $125 per flume or water course. 12 9.40. (DHEC: Prohibit Use of Funds) The Department of Health and Environmental Control must not use any state 13appropriated funds to terminate a pregnancy or induce a miscarriage by chemical means. 14 9.41. (DHEC: Meals in Emergency Operations) The cost of meals may be provided to state employees who are required to 15work during actual emergencies and emergency simulation exercises when they are not permitted to leave their stations. 16 9.42. (DHEC: Compensatory Payment) In the event the President of the United States has declared a state of emergency or the 17Governor has declared a state of emergency in a county in the State, Fair Labor Standards Act exempt employees of the department 18may be paid for actual hours worked in lieu of accruing compensatory time, at the discretion of the agency Director, and providing 19funds are available. 20 9.43. (DHEC: Beach Renourishment and Monitoring) Funds allocated for beach renourishment shall be spent in accordance 21with the priorities established by the department’s Office of Coastal and Resource Management. If state funds are made available 22from any general revenue, capital, surplus or bond funding appropriated to the department for beach renourishment and 23maintenance, the department shall be able to expend not more than $100,000 of these funds annually to support annual beach 24profile monitoring coast wide to enable the department to determine erosion rates and to identify priority areas needing 25renourishment and maintenance to mitigate erosion and storm damage potential. Appropriations for beach renourishment projects 26that are certified by the department as excess to the final State share of project costs and the annual coast wide monitoring costs 27shall be allocated by the department to other beach renourishment projects on a priority basis in accordance with R.30-18. 28 9.44. (DHEC: Competitive Grants) Of funds appropriated to the department for Competitive Grants, these funds may be 29released to local subdivisions or nonprofit organizations for health or environmental purposes only upon the approval of the 30Grants Committee of the Budget and Control Board. The agency is prohibited from transferring these funds to other programs. In 31addition, the agency may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee. 32 9.45. (DHEC: Hazardous Waste Contingency Fund) Proviso 9.56 of Act 115 of 2005 is hereby declared by the General 33Assembly to be null and void. The department is directed to return any funds collected under said proviso and abstain from 34collecting any further funds under that authorization. The department is relieved from any future audit exception concerning the 35collection and expenditure of funds authorized by that proviso. Beginning on July 1, 2006, all interest accruing on funds collected 36and held pursuant to Section 44-56-160(E) must be credited to the Hazardous Waste Contingency Fund and authorized for 1 PAGE 172 2 1expenditure by the department to defray costs of governmental response actions at uncontrolled hazardous waste sites and for the 2purpose of response actions incidental to the transportation of hazardous materials. 3 9.46. (DHEC: Antibiotic Resistance Study Committee) A committee is established to study the incidence of antibiotic 4resistance in South Carolina. The committee is directed to develop a statewide strategy for slowing the increasing rate of antibiotic 5resistance. The committee shall consist of the following members: the director of the Department of Health and Environmental 6Control or his designee, the director of the Department of Health and Human Services or his designee, the president of the South 7Carolina Hospital Association or his designee, the president of the South Carolina Alliance of Health Plans or his designee, the 8president of the South Carolina Medical Association or his designee, and the president of the Pharmaceutical Manufacturers 9Association or his designee. Members of the study committee shall serve without compensation. 10 The committee shall receive staff support from the Department of Health and Environmental Control, the Department of Health 11and Human Services, the House of Representatives, and the Senate. The results of this committee are to be reported to the General 12Assembly by January 15, 2007. 13 9.47. (DHEC: Suicide Prevention Plan) The department shall provide $50,000 to the Mental Health Association in South 14Carolina to implement the South Carolina Suicide Prevention Plan formulated by the South Carolina Suicide Task Force. 15 9.48. (DHEC: South Carolina State Trauma Care Fund) Of the funds appropriated to the South Carolina State Trauma Care 16Fund, $4,000,000 shall be utilized for increasing the reimbursement rates for trauma hospitals, for trauma specialists’ professional 17fee, for increasing the capability of EMS trauma care providers from counties with a high rate of traumatic injury deaths to care for 18injury patients, and for support of the trauma system, based on a methodology as determined by the department with guidance and 19input from the Trauma Council as established in Section 44-61-530 of the South Carolina Code of Laws. The methodology to be 20developed will include a breakdown of disbursement of funds by percentage, with a proposed 77% disbursed to hospitals and 21trauma physician fees, 11% 16% of the 21% must be disbursed to EMS providers for training EMTs, Advanced EMTs and 22paramedics by the four regional councils of this state and the remaining 10% 5% must be disbursed to EMS providers in counties 23with high trauma mortality rates, and 2% allocated to the department for administration of the fund and support of the trauma 24system. The Department of Health and Environmental Control shall promulgate regulations as required in Section 44-61-540 of 25the 1976 Code for the administration and oversight of the Trauma Care Fund. 26 9.49. (DHEC: Pandemic Influenza) The Department of Health and Environmental Control shall assess South Carolina’s ability 27to cope with a major influenza outbreak or pandemic influenza and develop a plan to improve the state’s readiness condition. The 28department shall report this plan to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the 29Governor by November 1, 2006. The department, in conjunction with the Department of Health and Human Services, is also 30authorized to establish a fund for the purpose of developing an emergency supply and distribution system of appropriate antiviral 31and vaccine medicines. In the event the United States Department of Health and Human Services makes available antivirals or 32vaccines for purchase by states via federal contract or federally-subsidized contract or other mechanism, the department, with 33Budget and Control Board approval, may access appropriated or earmarked funds as necessary to purchase an emergency supply of 34these medicines for the State of South Carolina. 1 PAGE 173 2 1 9.50. (DHEC: Hemophilia Recombinant Factors) The Department of Health and Environmental Control shall provide patients 2with Hemophilia the choice of recombinant factors when prescribed by a physician regardless of the patient’s past Hemophilia 3treatment methods. 4 9.51. (DHEC: Hemophilia Premium Assistance Program) DELETED 5 9.52. (DHEC: Savannah River National Lab) DELETED 6 9.53. (DHEC: Hospital Infections Reports) Of the funds appropriated to the department for Infectious Diseases, $276,245 will 7be allocated for Hospital Infections Reports. The department is authorized to phase-in the reporting requirements in consultation 8with the advisory committee appointed pursuant to Section 44-7-2430 of the 1976 Code. 9 9.54. (DHEC: Hazardous Waste Fee) The department is authorized to assess each company generating hazardous waste a fee 10based on the amount of hazardous waste generated. Large Quantity Generators, as determined by R.61-79.262 South Carolina 11Hazardous Waste Regulations, producing greater than 100 tons of hazardous waste per year will be assessed an annual base fee 12of $1,000 per facility and a $1.50 per ton fee for all hazardous waste the company generates. Large Quantity Generators 13producing 100 tons or less of hazardous waste will be assessed an annual fee of $1,000. Small Quantity Generators will be 14assessed an annual fee of $500. Fees collected under this provision shall not exceed an annual cap of $15,000 per generator. 15Companies subject to fees required by Section 44-56-170(F) (1) of the 1976 Code are exempt from fees established by this 16provision. The fees collected under this provision shall be deposited to the Hazardous Waste Contingency Fund for response 17actions at uncontrolled hazardous waste sites. 18 9.55. (DHEC: Stormwater Permitting) The additional $515,000 and seven new FTE’s appropriated for stormwater permitting 19shall be utilized to ensure that the timeframe for processing stormwater permits is reduced to an average of thirty days or less. 20The department shall report to the Senate Finance Committee and the House Ways and Means Committee by January 15, 2008 on 21benchmark measurements in Fiscal Year 2007-08 as compared to the prior fiscal year. 22 23SECTION 10 - J12 - DEPARTMENT OF MENTAL HEALTH 24 25 10.1. (DMH: Medicare Revenue) All Federal Funds received by the Department of Mental Health from patients’ Medicare 26benefits shall be considered as patient fees under the provision of Act 1276 of 1970 (provision for the issuance of bonds to be 27repaid from patient fees) except that the department shall remit to the General Fund of the State $290,963 from such funds to 28support the appropriation for administrative costs of the collection of Medicare benefits. The department shall retain and expend 29up to $3 million of all Medicare revenue earned prior to July 1, of the prior fiscal year, but received in the current fiscal year from 30cost recovery efforts, all additional prior earnings shall be remitted to the general fund, except that the cost and fees of identifying 31and collecting such additional Medicare revenue to which the department is entitled may be paid from funds actually collected 32from such efforts. 33 10.2. (DMH: Paying Patient Account) Notwithstanding any other provision of law and in addition to other payments provided 34in Part I of this act, the Department of Mental Health is hereby directed during the current fiscal year to remit to the General Fund 35of the State the amount of $3,600,000 $3,400,000 to be paid from the surplus funds in the paying patient account which has been 1 PAGE 174 2 1previously designated for capital improvements and debt service under the provisions of Act 1276 of 1970. It is the intent of the 2General Assembly to assist the department to reduce and eventually eliminate this obligation to the general fund. 3 10.3. (DMH: Patient Fee Account) Notwithstanding any other provisions of law and in addition to other payments provided in 4Part I of this act, the Department of Mental Health is hereby authorized during the current fiscal year, to provide the funds 5budgeted herein for $6,214,911 for departmental operations, $400,000 for the Continuum of Care, $50,000 for the Alliance for the 6Mentally Ill, $250,000 for S.C. SHARE Self Help Association Regarding Emotions, $50,000 for Palmetto Pathways, $50,000 for 7New Day Clubhouse, $15,000 for the Children’s Advocacy Center of Spartanburg, and all fees collected at the Campbell Nursing 8Home and other veterans facilities for day-to-day operations, from the Patient Fee Account which has been previously designated 9for capital improvements and debt service under provisions of Act 1276 of 1970. The Department of Mental Health is authorized 10to fund the cost of Medicare Part B premiums from its Patient Fee Account up to $150,000. The South Carolina Alliance for the 11Mentally Ill, the South Carolina Self-Help Association Regarding Emotions, Palmetto Pathways, New Day Clubhouse, and the 12Children’s Advocacy Center of Spartanburg shall provide an itemized budget before the receipt of funds and quarterly financial 13statements to the Department of Mental Health. DMH is authorized to use unobligated Patient Paying Fee Account funds for 14community transition programs. The funds made available shall be utilized consistently with the Transition Leadership Council’s 15definition of severely mentally ill children and adults. The department shall report their use of these funds to the Senate Finance 16Committee and the House Ways and Means Committee. This amendment is made notwithstanding other obligations currently set 17forth in this proviso. 18 10.4. (DMH: Institution Generated Funds) The Department of Mental Health is authorized to retain and expend institution 19generated funds which are budgeted. 20 10.5. (DMH: Transfer of Patients to DDSN) DMH is authorized to transfer to the Department of Disabilities & Special Needs, 21state appropriations to cover the state match related to expenditures initiated as a result of the transfer of appropriate patients from 22DMH to the Department of Disabilities & Special Needs. Notwithstanding any other provisions of law and in addition to other 23payments as authorized in this act, DMH is also authorized to utilize up to $500,000 from the Patient Fee Account to help defray 24costs of these transferees. 25 10.6. (DMH: Practice Plan) Employees of the department affiliated with the University of South Carolina School of Medicine, 26who hold faculty appointments in the School, may participate in the School’s Practice Plan provided that participation not take 27place during regular working hours. Funds generated by such participants shall be handled in accordance with University policies 28governing Practice Plan funds. 29 10.7. (DMH: Sexual Predator Program) The department shall maintain a budget program to be titled the “Sexual Predator Act.” 30Funds appropriated and positions authorized for programs related to this act shall be shown as separate line items in this program. 31These funds may be used to reimburse the department for expenses associated with the program in the prior fiscal year, but cannot 32otherwise be transferred to other programs. In the event the General Assembly provides a “Community Treatment-Sex Offenders” 33special line item of funding, a person who is required to register as a sex offender must annually undergo an evaluation by the 34department to determine whether he or she poses a threat of re-offense to the community. If such funding is provided, the 35department shall develop and provide a system of outpatient sex offender treatment. If a registered sex offender is found upon 1 PAGE 175 2 1evaluation by the department to pose a threat of re-offense to the community, the person must undergo outpatient sex offender 2treatment as recommended by the department. 3 10.8. (DMH: Huntington’s Disease) Of funds appropriated, the Department of Mental Health shall designate $150,000 for 4administrative and personnel costs for Huntington’s Disease clinical services within the Department of Mental Health. 5 10.9. (DMH: Alzheimer’s Funding) Of the funds appropriated to the Department of Mental Health for Community Mental 6Health Centers, $1,000,000 must be used for contractual services to provide respite care and diagnostic services to those who 7qualify as determined by the Alzheimer’s Disease and Related Disorders Association Upstate South Carolina Chapter and the 8Palmetto Chapter. The funds are to be equally divided between the Upstate and Palmetto Chapters of the Association and the 9department must maximize, to the extent feasible, federal matching dollars. On or before September 30 of each year, the 10respective Chapters of the Alzheimer’s Disease and Related Disorders Association must submit to the department, Governor, 11Senate Finance Committee, and House Ways and Means Committee an annual financial statement and outcomes measures attained 12for the fiscal year just ended. These funds may not be expended or transferred during the current fiscal year until the required 13reports have been received by the department, Governor, Chairman of the Senate Finance Committee, and the Chairman of the 14House Ways and Means Committee. 15 10.10. (DMH: Colleton County Nursing Home) Subject to the review of the Joint Bond Review Committee and the approval of 16the Budget and Control Board, the Department of Mental Health is authorized to borrow an amount not to exceed $3,000,000 for 17the purpose of providing matching funds for the construction of the State Veterans Nursing Home in Colleton County. The 18authorization is contingent upon the Department’s ability to secure a binding commitment for a source of funds for the repayment 19of the loan. The State Treasurer is authorized to negotiate the terms and conditions of the loan. 20 10.11. (DMH: Crisis Stabilization) During the current fiscal year, the Department of Mental Health must expend for crisis 21stabilization programs not less than $2 million. Funds expended by the department for the crisis stabilization program must be 22used to implement and maintain a crisis stabilization program, or to provide access to a crisis stabilization program through the 23purchase of local psychiatric beds, in each community mental health center catchment area. As used in this proviso, “crisis 24stabilization program” means a community-based psychiatric program providing short-term, intensive, mental health treatment in a 25non-hospital setting for persons who are experiencing a psychiatric crisis and who are either unable to safely function in their daily 26lives or are a potential threat to themselves or the community, with treatment available twenty-four hours a day, seven days a week. 27The department must submit a quarterly report, not later than thirty days after the end of each calendar quarter, to the Governor, the 28Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee, identifying the crisis 29stabilization program in each community mental health center catchment area, the number of persons served, and the expenditures 30for the crisis stabilization program for the reporting period. The quarterly report must also include information on the number of 31persons and the duration of stay for persons who are held in hospital emergency rooms when the crisis stabilization program is 32unable to serve the person. 33 10.12. (DMH: Colleton County VA Home) Any under budget surplus from construction of the VA Home in Colleton County 34shall first be used to satisfy the Department of Mental Health’s loan and any monies due to the federal government. Any 35remaining funds shall be refunded to Colleton County in the appropriate proportion reflecting Colleton County's cost share 36contribution. 1 PAGE 176 2 1 10.13. (DMH: Campbell Veterans Home) Of the newly appropriated funds for the Campbell Veterans Home, up to $400,000 2must be used for contract operations. 3 10.14. (DMH: Recruitment Study) The Budget and Control Board’s Office of Human Resources is directed to study the 4problem of recruitment and retention of mental health professionals in rural counties for the Department of Mental Health. The 5Office of Human Resources is directed to study ways to increase the ability of the department to recruit and retain mental health 6professionals in rural counties and report their recommendations to the Governor and the Chairmen of the House Ways & Means 7and Senate Finance Committees no later than January 1, 2007. 8 10.15. (DMH: Children’s Facility Construction) If no award is made from bids received during FY 2005-06 for the provision of 9services provided at the William S. Hall Institute, the department must begin proceedings for the construction of new a child and 10adolescent facility with funds that have been retained for this purpose in order to provide placement for children and adolescents 11that must be moved from the Bull Street campus. 12 10.16. (DMH: McCormick Satellite Clinic) The $750,000 appropriated by proviso 73.17 o f Act 397 of 2006 for the Williams 13Building Cooperative Ministries Homeless Shelter Renovation & Operation shall be redirected as follows: $250,000 shall be used 14for a satellite community mental health clinic in McCormick County and $500,000 shall be transferred to the City of Columbia to 15be used for other homeless programs. The City of Columbia must use the transfer to benefit other homeless programs and must 16provide documentation annually on related expenditures until all funds are expended.. 17 10.17. (DMH: Crisis Intervention Training) Of the funds appropriated to the department, $85,500 shall be utilized for the 18National Alliance on Mental Illness (NAMI) SC for Crisis Intervention Training (CIT). 19 10.18. (DMH: Charleston Dorchester Inpatient Acute Crisis Care for the Indigent) DELETED 20 21SECTION 11 - J16 - DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS 22 23 11.1. (DDSN: Work Activity Programs) All revenues derived from production contracts earned by mentally retarded trainees in 24Work Activity Programs be retained by the South Carolina Department of Disabilities & Special Needs and carried forward as 25necessary into the following fiscal year to be used for other operating expenses and/or permanent improvements of these Work 26Activity Programs. 27 11.2. (DDSN: Sale of Excess Real Property) The department is authorized to retain revenues associated with the sale of excess 28real property owned by, under the control of, or assigned to the department and may expend these funds as grants to purchase or 29build community residences and day program facilities for the individuals DDSN serves. The department shall follow all the 30policies and procedures of the Budget and Control Board and the Joint Bond Review Committee. 31 11.3. (DDSN: Prenatal Diagnosis) Revenues not to exceed $126,000 from client fees, credited to the debt service fund and not 32required to meet the department’s debt service requirement, may be expended only in the current fiscal year to promote expanded 33prenatal diagnosis of mental retardation and related defects by the Greenwood Genetic Center. 34 11.4. (DDSN: Medicaid Funded Contract Settlements) The department is authorized to carry forward and retain settlements 35under Medicaid-funded contracts. 1 PAGE 177 2 1 11.5. (DDSN: Medicare Reimbursements) The department may continue to budget Medicare reimbursements to cover 2operating expenses of the program providing such services. 3 11.6. (DDSN: Departmental Generated Revenue) The department is authorized to continue to expend departmental generated 4revenues that are authorized in the budget. 5 11.7. (DDSN: Transfer of Capital/Property) The department may transfer capital to include property and buildings to local 6DSN providers with Budget and Control Board approval. 7 11.8. (DDSN: Unlicensed Medication Providers) The provision of selected prescribed medications may be performed by 8selected unlicensed persons in community-based programs sponsored, licensed or certified by the South Carolina Department of 9Disabilities and Special Needs, provided such selected unlicensed persons have documented medication training and skill 10competency evaluation. Licensed nurses may train and supervise selected unlicensed persons to provide medications and, after 11reviewing competency evaluations, may approve selected unlicensed persons for the provision of medications. The provision of 12medications by selected unlicensed persons is limited to oral and topical medications and to regularly scheduled insulin and 13prescribed anaphylactic treatments under established medical protocol and does not include sliding scale insulin or other injectable 14medications. The selected unlicensed persons shall be protected against tort liability provided their actions are within the scope of 15their job duties and the established medical protocol. 16 The Department of Disabilities and Special Needs shall establish curriculum and standards for training and oversight. 17 This provision shall not apply to a facility licensed as a habilitation center for the mentally retarded or persons with related 18conditions. 19 11.9. ( DDSN : Pervasive Developmental Disorder) The Department of Disabilities and Special Needs, as the agency authorized 20to treat autistic disorder, is designated for a Medicaid project to treat children who have been diagnosed by eight years of age 21with a pervasive developmental disorder. The project must target the youngest ages feasible for treatment effectiveness, treatment 22for each individual child shall not exceed three years without a special exception as defined in the waiver, and reimbursement for 23each individual participant may not exceed $50,000 per year. The Department of Disabilities and Special Needs and the 24Department of Health and Human Services will determine the areas of the State with the greatest need and availability of 25providers. Children participating in the project will be selected based upon an application system developed in compliance with 26the Medicaid waiver. Treatment will be provided as authorized and prescribed by the department according to the degree of the 27developmental disability. In authorizing and prescribing treatment the department may award grants or negotiate and contract 28with public or private entities to implement intervention programs, which must comply with Medicaid reimbursement 29methodologies, for children who have been diagnosed with a pervasive developmental disorder. “Pervasive developmental 30disorder” means a neurological condition, including autistic disorder and Asperger’s syndrome, as defined in the most recent 31 edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. The department 32shall report semi-annually to the General Assembly and the Governor on the developmental progress of the children participating 33 in the project. This provision does not establish or authorize creation of an entitlement program or benefit. 34 1 PAGE 178 2 1SECTION 12 - J20 - DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES 2 3 12.1. (DAODAS: Training & Conference Revenue) The department may charge fees for training events and conferences. The 4revenues from such events shall be retained by the department to increase education and professional development initiatives. 5 12.2. (DAODAS: Gambling Addiction Services) In that gambling is a serious problem in South Carolina, the department 6through its local county commissions may provide, from funds appropriated to the department, information, education, and referral 7services to persons experiencing gambling addictions. 8 9SECTION 13 - L04 - DEPARTMENT OF SOCIAL SERVICES 10 11 13.1. (DSS: Fee Retention) The Department of Social Services shall recoup all refunds and identified program overpayments 12and all such overpayments shall be recouped in accordance with established collection policy. Funds of $800,000 collected under 13the Child Support Enforcement Program (Title IV-D) which are state funds shall be remitted to the State Treasurer and credited to 14the General Fund of the State. All state funds above $800,000 shall be retained by the department to fund Self-Sufficiency and 15Family Preservation and Support initiatives. 16 13.2. (DSS: Recovered State Funds) The department shall withhold a portion of the State Funds recovered, under the Title IV- 17D Program, for credit to the general fund in order to allow full participation in the federal “set off” program offered through the 18Internal Revenue Service, the withholding of unemployment insurance benefits through the South Carolina Employment Security 19Commission and reimbursement for expenditures related to blood testing. Such funds may not be expended for any other purpose. 20The Department of Social Services shall be allowed to utilize the State share of Federally required application fees, collected from 21Non-TANF clients, in the administration of the Child Support Enforcement Program. Such funds may not be expended for any 22other purpose. However, this shall not include Child Support Enforcement Program incentives paid to the program from federal 23funds to encourage and reward cost effective performance. Such incentives are to be reinvested in the program to increase 24collections of support at the state and county levels in a manner consistent with federal laws and regulations governing such 25incentive payments. The department shall not use clerk of court incentive funds to replace agency operating funds. Such funds 26shall be remitted to the appropriate state governmental entity to further child support collection efforts. 27 13.3. (DSS: Foster Children Burial) The expenditure of funds allocated for burials of foster children shall not exceed one 28thousand five hundred dollars per burial. 29 13.4. (DSS: Assistance Payments Client List) The names of persons benefiting from assistance payments under the several 30programs of the Department of Social Services shall be available to other state agencies, if not in conflict with federal regulations. 31 13.5. (DSS: Employee Supplement) No county shall supplement the salary of any DSS employee. 32 13.6. (DSS: Battered Spouse Funds) Appropriations included in Subprogram II.K entitled Battered Spouse shall be allocated 33through contractual agreement to providers of this service. These appropriations may also be used for public awareness and 34contracted services for victims of this social problem including the abused and children accompanying the abused. Such funds 35may not be expended for any other purpose nor be reduced by any amount greater than that stipulated by the Budget and Control 36Board or the General Assembly for the agency as a whole. 1 PAGE 179 2 1 13.7. (DSS: Court Examiner Service Exemption) In order to prevent the loss of federal funds to the State, employees of the 2Department of Social Services whose salaries are paid in full or in part from federal funds will be exempt from serving as court 3examiners. 4 13.8. (DSS: Accounts Receivable Procedures) The Department of Social Services will establish, and collect accounts receivable 5in accordance with appropriate and applicable federal regulations. 6 13.9. (DSS: TANF Advance Funds) The Department of Social Services is authorized to advance sufficient funds during each 7fiscal year from the Temporary Assistance for Needy Families Assistance Payments general fund appropriations to the Temporary 8Assistance for Needy Families Assistance Payments federal account only for the purpose of allowing a sufficient cash flow in the 9federal account. The advance must be refunded no later than April of the same fiscal year. Upon the advance of funds as provided 10herein, the Comptroller General is authorized to process the July voucher for the funding of benefit checks. 11 13.10. (DSS: Fee Schedule) The Department of Social Services shall be allowed to charge fees and accept donations, grants, 12and bequests for social services provided under their direct responsibility on the basis of a fee schedule approved by the Budget 13and Control Board. The fees collected shall be utilized by the Department of Social Services to further develop and administer 14these program efforts. The below fee schedule is established for the current fiscal year. 15 Day Care 16 Family Child Care Homes (up to six children) $ 15 17 Group Child Care Homes (7-12 children) $ 30 18 Registered Church Child Care (13+) $ 50 19 Licensed Child Care Centers (13-49) $ 50 20 Licensed Child Care Centers (50-99) $ 75 21 Licensed Child Care Centers (100-199) $100 22 Licensed Child Care Centers (200+) $125 23 Central Registry Checks 24 Non-profit Entities $ 8 25 Private Adoption Investigations $ 25 26 For-profit Agencies $ 25 27 State Agencies $ 15 28 Schools $ 15 29 Day Care $ 8 30 Other – Volunteer Organizations $ 8 31 Other Children’s Services 32 Services Related to Adoption of Children 33 from Other Countries $225 34 Court-ordered Home Studies in Non-DSS 35 Custody Cases $850 1 PAGE 180 2 1 Licensing Residential 2 Group Homes $250 fee for an initial license, 3 $ 75 for renewal 4 Licensing Child Caring Institutions $500 fee for an initial license, 5 $100 for renewal 6 Licensing Child Placing Agencies $500 fee for an initial license, 7 $ 60 for renewal, 8 $ 15 for each private foster 9 home under the 10 supervision of a child placing 11agency. 12 13.11. (DSS: Mentally Disabled Supplement) From the appropriation made herein for General Assistance, the department may 13elect to supplement the income of individuals who reside in foster homes or supported independent living arrangements certified 14by the Department of Mental Health and who qualify as mentally disabled under the definitions of Public Law 92-603, U.S. Code, 15or who would qualify except for income limitations with the supplement being at the same rate as for other individuals who qualify 16for General Assistance. The department shall contract with the Department of Mental Health to ensure that the payments of 17General Assistance to persons who would not otherwise qualify except for this proviso shall be transferred to the department from 18the appropriations made to the Department of Mental Health. 19 13.12. (DSS: Food Stamp Fraud) The state portion of funds recouped from the collection of recipient claims in the TANF and 20Food Stamp programs shall be retained by the department. A portion of these funds shall be distributed to local county offices for 21emergency and program operations. 22 13.13. (DSS: TANF - Immunizations Certificates) The department shall require all TANF applicants and/or recipients to 23provide proof of age appropriate immunizations for children. If such immunizations have not been administered, the department 24shall assist in referring applicants to appropriate county health departments to obtain the immunizations. 25 13.14. (DSS: Fees for Court Witness in Child Welfare Services) Effective July 1, 1994, any monies appropriated for the 26payment of court testimony in either abuse and neglect, termination of parental rights, or judicial review cases arising under 27Section 20-7-480, et. seq. of the SC Code of Laws, 1976, as amended, and adult protective service cases under Section 2843-35-10(9), et. seq. of the SC Code of Laws, 1976, as amended, shall only be paid in accordance with DSS policy which shall 29include limits on awards and procedures for payment, in due consideration of the agency budgetary limitations and specific funds 30allocated for such purposes. Provided further that DSS shall pay up to a maximum hourly rate to licensed psychologists, social 31workers, nurses, ministerial counseling, family and marriage counselors of $60 for counseling and $60 for expert witness fees, to 32include travel time and DSS shall pay up to a maximum hourly rate to physicians of $125 for expert witness fees, to include travel 33time. 34 13.15. (DSS: Foster Care Fingerprint Reviews) Notwithstanding the provisions of Section 20-7-1640, of the SC Code of Laws, 351976, as amended, the department is authorized to pay from funds appropriated in this section the costs of Federal Bureau of 36Investigation fingerprint reviews for foster care families recruited, selected and licensed by the department. 1 PAGE 181 2 1 13.16. (DSS: County Directors’ Pay) With respect to the amounts allocated to the Department of Social Services for Employee 2Pay Increase in this act, the Department of Social Services is authorized to allot funds for pay increases to individual county 3directors and regional directors in classified positions without uniformity. Pay increases for DSS county directors and regional 4directors shall be administered in accordance with the guidelines established by the Budget and Control Board for Executive 5Compensation System and other nonacademic unclassified employees. Any employees subject to the provisions of this paragraph 6shall not be eligible for any other compensation increases provided in this act. 7 13.17. (DSS: Use of Funds Authorization) Department investigative units shall be authorized to receive and expend funds 8awarded to these units as a result of a donation, contribution, prize, grant, and/or court order. These funds shall be retained by the 9department on behalf of the investigative units and deposited in a separate, special account and shall be carried forward from year 10to year and withdrawn and expended as needed to fulfill the purposes and conditions of the donation, contribution, prize, grant, 11and/or court order, if specified, and if not specified, as may be directed by the Director of the Department of Social Services. 12These accounts shall not be used to supplant operating funds in the current or future budgets. The agency shall report to the Senate 13Finance Committee and Ways and Means Committee by January 30 of the current fiscal year on the amount of funds received and 14how expended. 15 13.18. (DSS: Prevent Welfare Reform Duplication of Services) The intent of the General Assembly is that the Department of 16Social Services not duplicate services available at the Employment Security Commission and other state agencies. All state 17agencies are directed to cooperate with DSS as it implements the Family Independence Act of 1995. Monies appropriated for the 18purpose of implementing the Family Independence Act of 1995, and used to hire persons or procure services for employment 19training purposes, shall be reported to the Governor to ensure duplication of services does not occur. 20 13.19. (DSS: C. R. Neal Learning Center) The department shall reimburse up to $100,000 to the C. R. Neal Learning Center 21located in Richland County for services provided to DSS clients that are eligible for Temporary Assistance to Needy Families 22funding. 23 13.20. (DSS: Use of Funds Authorization) Unless specifically directed by the General Assembly, when DSS is directed to 24provide funds to a not-for-profit or 501(c)(3) organization, that organization must use the funds to serve persons who are eligible 25for services in one or more DSS programs. 26 13.21. (DSS: Grant Authority) The Department of Social Services is authorized to make grants to community-based 27not-for-profit organizations for local projects that further the objectives of DSS programs. The department shall develop policies 28and procedures and may promulgate regulations to assure compliance with state and federal requirements associated with the funds 29used for the grants and to assure fairness and accountability in the award and administration of these grants. The department shall 30require a match from all grant recipients. 31 13.22. (DSS: Family Foster Care Payments) The Department of Social Services shall furnish as Family Foster Care payments 32for individual foster children under their sponsorship: 33 ages 0 - 5 $332 per month 34 ages 6 - 12 $359 per month 35 ages 13 + $425 per month 1 PAGE 182 2 1 These specified amounts are for the basic needs of the foster children. Basic needs within this proviso are identified as food (at 2home and away), clothing, housing, transportation, education and other costs as defined in the U.S. Department of Agriculture 3study of “Annual Cost of Raising a Child to Age Eighteen”. Further, each agency shall identify and justify, as another line item, 4all material and/or services, in excess of those basic needs listed above, which were a direct result of a professional agency 5evaluation of clientele need. Legitimate medical care in excess of Medicaid reimbursement or such care not recognized by 6Medicaid may be considered as special needs if approved by the sponsoring/responsible agency and shall be reimbursed by the 7sponsoring agency in the same manner of reimbursing other special needs of foster children. 8 13.23. (DSS: Penalty Assessment) The Department of Social Services may impose monetary penalties against a person, facility, 9or other entity for violation of statutes or regulations pertaining to programs, other than foster home licensing, that the department 10regulates. Penalties collected must be remitted to the State Treasurer for deposit into the State General Fund. The department shall 11promulgate regulations for each program in which penalties may be imposed. The regulations must include guidance on the 12decision to assess a penalty, the effect of failure to pay a penalty in a timely manner, and a schedule of penalty ranges that takes 13into account severity and frequency of violations. These regulations must provide for notice of the penalty and the right to a 14contested case hearing before a designee of or panel appointed by the director of the department. Judicial review of the final 15agency decision concerning a penalty must be in accordance with statutes or regulations that apply to judicial review of final 16revocation and denial decisions in that particular program. The department, in accordance with regulations promulgated pursuant 17to this provision, shall have discretion in determining the appropriateness of assessing a monetary penalty against a person or 18facility and the amount of the penalty. The authority to assess monetary penalties shall be in addition to other statutory provisions 19authorizing the department to seek injunctive relief or to deny, revoke, suspend, or otherwise restrict or limit a license or other 20types of operating or practice registrations, approvals, or certificates. 21 13.24. (DSS: Children’s Home Standard Licenses) Standard licenses for children’s residential group homes, child caring 22institutions and child placing agencies shall be effective for two years from the date of issuance or renewal unless revoked or 23otherwise terminated before the expiration date. Fire inspections required for licensing or renewal of children’s residential group 24homes and child caring institutions must be conduced annually. 25 13.25. (DSS: Child Support Enforcement Automated System Carry Forward) The department shall be authorized to retain and 26carry forward any unexpended funds appropriated for the Child Support Enforcement automated system and related penalties. 27 13.26. (DSS: South Carolina Alliance of Boys and Girls Club) Of funds appropriated to the Department of Social Services, the 28department is directed to transfer $1,000,000 to the South Carolina Alliance of Boys and Girls Clubs for after school youth 29development programs to disadvantaged youth statewide. These funds shall not be transferred to other programs within the agency 30and when instructed by the Budget and Control Board or the General Assembly to reduce funds within the department by a certain 31percentage, the department may not act unilaterally to reduce the funds for the South Carolina Alliance of Boys and Girls Clubs 32provided for herein greater than such stipulated percentage. 33 13.27. (DSS: Child Support Enforcement System) From the funds appropriated in Part IA, Section 13(F), the Department of 34 Social Services shall prepare a detailed report on the status of the Child Support Enforcement System. The report shall include, 35but not be limited to, actions currently being undertaken to become compliant with federal government requirements; the cost 36required to meet minimum federal guidelines; total funds spent so far on the system; the amount of fines assessed by the federal 1 PAGE 183 2 1government associated with non-compliance; how much has been spent to satisfy actions taken by the state judicial system; and 2how much has been spent related to actions taken by any other entity which may have altered the amount required for meeting 3 minimum federal guidelines. The report shall be submitted to the General Assembly by August 31 st of the current fiscal year. 4SECTION 14 - L24 - COMMISSION FOR THE BLIND 5 6 14.1. (BLIND: Matching Federal Funds) For the current fiscal year the amount appropriated in this section under Program II 7for Rehabilitative Services is conditioned upon matching by federal funds to the maximum amount available under the Federal 8Vocational Rehabilitation Program. 9 14.2. (BLIND: Braille Production and Telecommunications Revenue) Revenues derived from the production of Braille and 10provision of services by clients of the Adult Adjustment and Training Center may be retained by the commission and used in the 11facility for production costs. 12 14.3. (BLIND: Patriot’s Point Vendor Exemption) For the current fiscal year, the provisions of Chapter 26, Title 43 of the 1976 13Code pertaining to rules regulating vending facilities operated by persons who are blind do not apply to the Patriots Point 14Development Authority. 15 16SECTION 15 - H79 - DEPARTMENT OF ARCHIVES & HISTORY 17 18 15.1. (AH: Use of Proceeds) The proceeds of facilities rentals, gift shop operations, training sessions, sales of publications, 19reproductions of documents, repair of documents, research fees, handling charges, and the proceeds of sales of National Register of 20Historic Places certificates and plaques by the Archives Department shall be deposited in a special account in the State Treasury, 21and may be used by this department to cover the cost of facility operations and maintenance, gift shop inventory, additional 22training sessions, publication, reproduction expenses, repair expenses, and National Register of Historic Places certificates and 23plaques, and selected Historic Preservation Grants. 24 15.2. (AH: Nat’l. Historic Preservation Program) The funds earned from the United States Department of Interior by the South 25Carolina Department of Archives and History for administering the National Historic Preservation Program in this State, with the 26exception of the appropriate amount of indirect cost reimbursement to the general fund, must be deposited in a special account in 27the State Treasury, to be used by this department for a Historic Preservation Grants program that will assist historic properties 28throughout South Carolina. 29 30SECTION 17 - H87 - STATE LIBRARY 31 32 17.1. (LIB: Aid to Counties Libraries Allotment) The amount appropriated in this section for “Aid to County Libraries” shall be 33allotted to each county on a per capita basis according to the official United States Census for 2000, as aid to the County Library. No 34county shall be allocated less than $50,000 $60,000 under this provision. To receive this aid, local library support shall not be less 35than the amount actually expended for library operations from local sources in the second preceding year. 1 PAGE 184 2 1 17.2. (LIB: Information Service Fees) The State Library may charge a fee for costs associated with information delivery and 2retain such funds to offset the costs of maintaining, promoting and improving information delivery services. 3 17.3. (LIB: Continuing Education Fees) The State Library may charge a fee for costs associated with continuing education and 4retain such funds to offset the costs of providing continuing education opportunities. 5SECTION 18 - H91 - ARTS COMMISSION 6 7 18.1. (ARTS: Professional Artists Contract) Where practicable, all professional artists employed by the Arts Commission in the 8fields of music, theater, dance, literature, musical arts, craft, media arts and environmental arts shall be hired on a contractual basis 9as independent contractors. Where such a contractual arrangement is not feasible employees in these fields may be unclassified, 10however, the approval of their salaries shall be in accord with the provisions of Section 8-11-35 of the 1976 Code. 11 18.2. (ARTS: Special Revolving Account) Any income derived from Arts Commission sponsored arts events or by gift, 12contributions, or bequest now in possession of the Arts Commission including any federal or other funds balance remaining at the 13end of the prior fiscal year, shall be retained by the commission and placed in a special revolving account for the commission to 14use solely for the purpose of supporting the programs provided herein. Any such funds shall be subject to the review procedures as 15set forth in Act 651 of 1978. 16 18.3. (ARTS: Partial Indirect Cost Waiver) The commission is allowed to apply a 15% indirect cost rate for continuing federal 17grants for which they must compete. The commission shall apply the full approved negotiated rate to the Basic State Grant and 18any new grants received by the commission. 19 20SECTION 19 - H95 - STATE MUSEUM 21 22 19.1. (MUSM: Duplicate Materials) The commission may give (away) natural history materials in its possession for 23educational purposes, such materials being less than museum quality or duplicative of materials owned by the Museum 24Commission. 25 19.2. (MUSM: Removal From Collections) The commission may remove objects from its museum collections by gift to 26another public or nonprofit institution, by trade with another public or nonprofit institution, by public sale, by transfer to the 27commission’s education, exhibit, or study collections or to its operating property inventory; or as a last resort, by intentional 28destruction on the condition that the objects so removed meet with one or more of the following criteria: (1) they fall outside the 29scope of the S. C. Museum Commission’s collections as defined in the Collection Policy dated January 20, 1993; (2) they are 30unsuitable for exhibition or research; (3) they are inferior duplicates of other objects in the collection; or (4) they are forgeries or 31were acquired on the basis of false information; funds from the sale of such objects will be placed in a special revolving account 32for the commission to use solely for the purpose of purchasing objects for the collections of the State Museum. 33 19.3. (MUSM: Museum Store) The Museum Commission shall establish and administer a museum store in the State Museum. 34This store may produce, acquire, and sell merchandise relating to historical, scientific, and cultural sources. All profits received 35from the sale of such merchandise shall be retained by the Museum Commission in a restricted fund to be carried forward into the 36following fiscal year. These funds may be used for store operations, publications, acquisitions, educational programs, exhibit 1 PAGE 185 2 1production and general operating expenses provided that the expenditures for such expenses are approved by the General Assembly 2in the annual Appropriation Act. 3 19.4. (MUSM: Traveling Exhibits Fees) The Museum Commission may rent or sell exhibits and exhibit components and the 4commission may retain such funds and use them to offset the cost of developing, maintaining, promoting, and improving the 5changing exhibit program and to support general operations, provided that the expenditures for such expenses are approved by the 6General Assembly in the annual Appropriation Act. Any unexpended revenue from these sources may be carried forward into the 7current fiscal year to be expended for the same purposes. 8 19.5. (MUSM: Retention of Revenue) The Museum Commission may retain revenue received from admissions, program fees, 9facility rentals, professional services, donations, food service, and other miscellaneous operating income generated by or for the 10museum and may expend such revenue for general operating expenses provided that such expenditures are approved by the General 11Assembly in the annual Appropriation Act. Any unexpended revenue from these sources may be carried forward into the current 12fiscal year to be expended for the same purposes. 13 19.6. (MUSM: Across-the-Board Cut Exemption) In the calculation of any across-the-board cut mandated by the Budget and 14Control Board or General Assembly, the amount of the museum’s rent which the commission pays to General Services for the 15retirement of General Revenue Bonds shall be excluded from the museum’s base budget. 16 19.7. (MUSM: School Tour Fee Prohibition) The commission may not charge admission fees to groups of children from South 17Carolina who have made reservations that are touring the museum as part of a school function. 18 19.8. (MUSM: Dining Area Rent) Of the space currently vacant in the Columbia Mills Building, space large enough for the 19museum to have dining space for school-aged children shall be provided to the State Museum at no cost. 20 21SECTION 20 - L32 - HOUSING FINANCE AND DEVELOPMENT AUTHORITY 22 23 20.1. (HFDA: Federal Rental Assistance Administrative Fee Carry Forward) All federal rental assistance administrative fees 24shall be carried forward to the current fiscal year for use by the authority in the administration of the federal programs under 25contract with the authority. No state funds are to be used in the administration of these programs. 26 20.2. (HFDA: Program Expenses Carry Forward) For the prior fiscal year monies withdrawn from the authority’s various 27bond-financed trust indentures and resolutions, which monies are deposited with the State Treasurer to pay program expenses, may 28be carried forward by the authority into the current fiscal year. 29 20.3. (HFDA: Advisory Committee Mileage Reimbursement) Members of the nine member South Carolina Housing Trust 30Fund Advisory Committee are eligible for mileage reimbursement at the rate allowed for state employees as established in proviso 3172.25(J) (Travel-Subsistence Expenses & Mileage) in this act. 32 33SECTION 21 - P12 - FORESTRY COMMISSION 34 35 21.1. (FC: Grant Funds Carry Forward) The Forestry Commission is authorized to use unexpended federal grant funds in the 36current year to pay for expenditures incurred in the prior year. 1 PAGE 186 2 1 21.2. (FC: Retention of Emergency Expenditure Refunds) The Forestry Commission is authorized to retain all funds received 2as reimbursement of expenditures from other state or federal agencies when personnel and equipment are mobilized due to 3an emergency. 4 21.3. (FC: Commissioned Officers’ Physicals) The Forestry Commission is authorized to pay the cost of physical examinations 5for agency personnel who are required to receive such physical examinations prior to receiving a law enforcement commission. 6 7SECTION 22 - P16 - DEPARTMENT OF AGRICULTURE 8 9 22.1. (AGRI: Market Bulletin) The Market Bulletin shall be mailed only to those persons who request it in writing and a record 10of each request shall be maintained by the department. Provided further, that notwithstanding any other provision of law, the 11Department of Agriculture is authorized to charge a yearly subscription rate of $10.00 to each person requesting the bulletin and 12may charge up to $5.00 per classified advertisement printed in the bulletin. The funds collected pursuant to this provision shall be 13retained by the department to defray the costs of publication and related incidental expenses. 14 22.2. (AGRI: Fruit/Vegetable Inspectors Subsistence) A daily subsistence allowance of up to $30.00 may be allowed for 15temporarily employed fruits and vegetables inspectors from funds generated by fruits and vegetables inspection fees and budgeted 16under other funds in Program IV Marketing Services, D. Inspection Services, in lieu of reimbursements for meals and lodging 17expense. 18 22.3. (AGRI: Commodity Boards Expenditures) Expenditures made for the various Commodity Boards (as budgeted under 19other funds in Program IV.B. Marketing Services: Commodity Boards) are exempt from regulations under the Procurement Act of 201981. 21 22.4. (AGRI: Seed Licenses) Notwithstanding any other provision of law, the department shall charge, for the licenses it issues 22pursuant to Section 46-21-40, a minimum fee of twenty-five dollars ($25.00), and a maximum fee of one hundred fifty dollars 23($150.00). The department shall institute a graduated fee schedule between these minimum and maximum fees, which schedule 24shall be based on the per year dollar volume of the gross business receipts of the applicant. The department shall retain any 25revenue collected pursuant to this provision to defray the costs of printing, mailing and inspections and to pay the costs of leasing 26the Florence Farmer’s Market from Clemson University. 27 22.5. (AGRI: Specialty Crop Grant Indirect Cost Waiver) Notwithstanding any other provision of law, the Department of 28Agriculture is granted a waiver of the remittance of indirect cost recoveries for the Specialty Crop Grant (H.R. 2213, Section 7) 29supported by the United States Department of Agriculture through the Commodity Credit Corporation. 30 22.6. (AGRI: Warehouse Receipts Guaranty Fund) The Department of Agriculture may retain and expend fifty thousand dollars 31from the Warehouse Receipts Guaranty Fund established by Section 39-22-150 of the 1976 Code as is necessary for the department 32to administer the funding of the program. 33 22.7. (AGRI: Weights & Measurer Registration) All servicepersons required to be registered with the Department of 34Agriculture pursuant to the provisions of Section 39-9-65 of the 1976 Code of Laws shall pay to the department a registration fee 35of $25.00. Revenues generated by this provision shall be for use by the Department of Agriculture to offset expenses incurred in 36administering this registration program. 1 PAGE 187 2 1 22.8. (AGRI: Private Sector Calibrations) Notwithstanding any other provision of law, the Department of Agriculture shall 2charge a fee of $45.00 an hour based on a fee schedule for all calibrations performed for private sector entities by the Metrology 3Laboratory authorized by Section 39-9-68(3) of the 1976 Code of Laws. Revenues generated by these fees shall be for use by the 4Department of Agriculture to offset expenses incurred in operating the Metrology Laboratory. 5 22.9. (AGRI: Sale of Property Revenue) The department may retain revenues associated with the sale of the property titled to 6or utilized by the department, except for the State Farmers Market property, and must expend these funds on capital improvements 7approved by the Joint Bond Review Committee and the Budget and Control Board. The department must continue to occupy any 8property until replacement capital improvements are completed. 9 22.10. (AGRI: Farmers Market Revenue) The revenues associated with the sale of the State Farmers Market shall be deposited 10into a separate restricted special account under the authority of the Budget and Control Board. Interest accrued on this account 11must remain in this account. These funds may only be expended for relocating the State Farmers Market after approval by the 12Joint Bond Review Committee and the State Budget and Control Board. 13 22.11. (AGRI: Export Certification) The Department of Agriculture is allowed to charge up to $250 for each export certification 14of agricultural products and to retain revenues to offset expenses incurred in performing certifications. 15 22.12. (AGRI: Grain Handlers Guaranty Fund) The Department of Agriculture may retain and expend one hundred thousand 16dollars of the interest from the Grain Handlers Guaranty Fund established by Section 46-41-230 of the 1976 Code as is necessary 17for the department to administer the funding of the program. 18 22.13. (AGRI: Marketing Services/Metrology Lab) The department is authorized to expend up to $850,000 of funds in a special 19account with the State Budget and Control Board derived from the sale of the Columbia State Farmers Market to be used by the 20department for the construction of a Department of Agriculture Marketing Services building at the relocated Columbia State 21Farmers Market. The department may retain up to $875,000 from the sale of the department’s Columbia Metrology Lab building 22and property for the construction of a replacement Columbia Metrology Lab building at the relocated State Farmers Market. 23 22.14. (AGRI: Feed Label Registration) The Department of Agriculture is authorized to require the annual registration of feed 24labels by manufacturers and to charge a fee of $15.00 for such registrations. Revenues generated by these fees shall be retained 25and used by the department to offset expenses incurred in operating the Feed Inspection Program. 26 22.15. (AGRI: State Farmers Market Cost Overrun) The Department of Agriculture shall work with all parties of interest 27relative to the relocation of the Columbia State Farmers Market which shall include but not be limited to, Richland County and the 28design firm awarded the A&E contract, to pursue funding options associated with the 69% cost overrun connected with the design 29and construction of the relocation of the Columbia State Farmers Market. Due to the gross inaccuracies and omissions of the 30design plan, the Department of Agriculture shall consult with the Attorney General’s Office on legal actions which the State could 31pursue in order to recoup the additional funds required to complete the State Farmers Market. 32 33SECTION 23 - P20 - CLEMSON UNIVERSITY - PSA 34 35 23.1. (CU-PSA: Phytosanitary Certificates) Revenues collected from the issuance of phytosanitary certificates shall be retained 36by the Division of Regulatory and Public Service for the purpose of carrying out phytosanitary inspections. 1 PAGE 188 2 1 23.2. (CU-PSA: Witness Fee) The Public Service Activities of Clemson University are hereby authorized to charge a witness 2fee of $100.00 per hour up to $400.00 per day for each employee testifying as an expert witness in civil matters which do not 3involve the State as a party in interest. This fee shall be charged in addition to any court prescribed payment due as compensation 4or reimbursement for judicial appearances and deposited into a designated revenue account. 5 23.3. (CU-PSA: Nursery/Nursery Dealer Registration Fee) The Division of Regulatory and Public Service Programs is 6authorized to retain up to $92,000 of revenue collected from the issuance of Nursery/Nursery Dealer Fees for the purpose of 7carrying out nursery/nursery dealer inspections. Revenue collected from this fee above $92,000 shall be deposited into the general 8fund. 9 23.4. (CU-PSA: Fee Increase) Notwithstanding any other provision of law, beginning FY 2001-2002, the Division of 10Regulatory and Public Service is authorized to increase the fertilizer, lime, and soil amendments registration fees; pesticide 11licensing fees; seed certification fees; and fertilizer inspection fees not to exceed twice the amount of the fee schedules set in FY 122000-2001. 13 23.5. (CU-PSA: Spring Dairy Exhibition) From the funds appropriated in Part IA, Clemson University-PSA is authorized to 14provide up to $75,000 to fund the Clemson University Spring Dairy Exhibition program. 15 23.6. (CU-PSA: Retention of Fees) All revenues collected from the regulatory programs of agrichemical, plant industry and 16crop protection including: fertilizer, lime, and soil amendments registration fees; pesticide licensing fees; seed certification fees; 17and fertilizer tax/inspection fees must be retained by Clemson University PSA regulatory programs. 18 23.7. (CU-PSA: Pesticide Registration) All revenues collected from pesticide registration fees and revenue collected from 19structural pest control businesses for business licensing must be retained by Clemson University PSA Regulatory and Public 20Service Programs to support general regulatory, enforcement, and education programs and to carry out provisions of the S.C. 21Pesticide Control Act and regulations related to it. 22 23.8. (CU-PSA: Sandhills Revenue) The funds retained by Clemson University PSA from the sale of the property at the 23Sandhills Research and Education Center shall be used to construct the new Sandhills facilities and provide endowments as 24approved by the Clemson Board of Trustees and the Budget and Control Board. These funds are not to be used to offset base 25budget reductions in Fiscal Year 2004-2005. 26 27SECTION 24 - P24 - DEPARTMENT OF NATURAL RESOURCES 28 29 24.1. (DNR: County Funds) Funds belonging to each of the counties of the State, now on hand or hereafter accruing to the 30counties, shall be expended on approval of a majority of the respective county delegation, including the resident senator or 31senators, if any. An annual accounting for all such funds and expenditures shall be furnished by the department to each member of 32each county delegation; it being the intent of the General Assembly that the appropriations made in this section are conditioned 33upon compliance with this requirement. In addition to the annual accounting required above, the department shall make a proposal 34for expenditures of such funds in the succeeding fiscal year in each county to the members of the respective county legislative 35delegation, including the resident senator or senators, if any; and upon approval thereby shall proceed with the use of such funds in 1 PAGE 189 2 1compliance with the finalized and approved plan as approved by each legislative delegation. If no plan is approved, the 2expenditure of such funds is to be administered as determined by the various legislative delegations. 3 24.2. (DNR: County Game Funds/Equipment Purchase) Any equipment purchased by the department from county game funds 4on approval of a majority of a county delegation, including the resident senator or senators, if any, shall remain in that county upon 5the request of a majority of the respective county delegation, including the resident senator or senators, if any, and if sold by the 6department, the proceeds of such sale shall be credited to such county game fund. Expenditures from the County Game Fund and 7the Water Recreation Resource Fund which have the approval of the county delegation shall be exempt from the provisions of Act 8651 of 1978, as amended. 9 24.3. (DNR: Armed Forces Fishing/Hunting License) Any member of the armed forces of the United States who is a resident of 10South Carolina stationed outside of the state, shall upon presentation of his official furlough or leave papers, be allowed to fish or 11hunt without purchasing a fishing or hunting license. 12 24.4. (DNR: Publications Revenue) For the current fiscal year all revenue generated from the sale of the “South Carolina 13Wildlife” magazine, its by-products and other publications, shall be retained by the department and used to support the production 14of same in order for the magazine to be self-sustaining. In addition, the department is authorized to sell advertising in the 15magazine and to increase the magazine’s subscription rate, if necessary, to be self-sustaining. No general funds may be used for 16the operation and support of the “South Carolina Wildlife” magazine. 17 24.5. (DNR: Casual Sales Tax Collection) The Department of Natural Resources shall continue to collect the casual sales tax as 18contained in the contractual agreement between the Department of Revenue and the Department of Natural Resources and the State 19Treasurer is authorized to reimburse the department on a quarterly basis for the actual cost of collecting the casual sales tax and 20such reimbursement shall be paid from revenues generated by the casual sales tax. 21 24.6. (DNR: Proportionate Funding) Each of South Carolina’s 46 soil and water conservation districts shall receive a 22proportionate share of funding set aside for Aid to Conservation Districts at $12,000 $15,000 per district for general assistance to 23the district’s program. Available funding above $12,000 $15,000 for each district will be apportioned by the Department of 24Natural Resources based upon local needs and priorities as determined by the board. No district shall receive any funds under this 25provision unless the county or counties wherein the district is located shall have appropriated no less than three hundred dollars to 26the district from county funds for the same purposes. 27 24.7. (DNR: Carry Forward - Contract for Goods & Services) If any funds accumulated by the Department of Natural 28Resources Geology Program, under contract for the provision of goods and services not covered by the department’s appropriated 29funds, are not expended during the preceding fiscal years, such funds may be carried forward and expended for the costs associated 30with the provision of such goods and services. 31 24.8. (DNR: Revenue Carry Forward) The department may collect, expend, and carry forward revenues derived from the sale 32of goods and services in order to support aerial photography, map services, climatology data, and geological services. The 33department shall annually report to the Senate Finance and Ways and Means Committees the amount of revenue generated from 34the sale of these goods and services. 1 PAGE 190 2 1 24.9. (DNR: Clothing Allowance) The Department of Natural Resources is hereby authorized to provide Natural Resource 2Enforcement Officers on special assignment with an annual clothing allowance (on a prorata basis) not to exceed $600 per officer 3for required clothing used in the line of duty. 4 24.10. (DNR: Commissioned Officers’ Physicals) The department is authorized to pay for the cost of physical examinations for 5department personnel who are required to receive such physical examinations prior to receiving a law enforcement commission. 6 24.11. (DNR: Interest - License Fees) Interest earned by the State Treasurer on all hunting and fishing license fees collected by 7the Department of Natural Resources must be credited to and expended by the department for the protection, promotion, 8propagation, and management of fish and wildlife, and the enforcement of related laws. 9 24.12. (DNR: Shrimp Baiting Enforcement) The department shall allocate additional enforcement efforts during the sixty (60) 10day shrimp baiting period to assist existing law enforcement personnel in monitoring and enforcement of the shrimp baiting laws. 11Further, expenditures for other than law enforcement should not exceed thirty percent (30%) of the annual collections from the sale 12of shrimp baiting permits. 13 24.13. (DNR: Water Recreation Fund and County Game and Fish Fund) Funds collected during the current fiscal year by the 14Department of Natural Resources for the Water Recreation Fund and for that portion of the county game and fish fund derived 15from licenses and fees must be retained by the department and used for the stated purposes of the respective funds, and may not be 16used by the department to offset base-budget reductions for the current fiscal year. In addition to all other uses allowed by statute, 17the department may use the Water Recreational Resource Funds of a county for the purchase of boats, boat trailers, motors, and 18boating safety equipment used for law enforcement and rescue, with the recommendation of the county delegation. 19 24.14. (DNR: Grass Carp Testing Recoupment Fee) The Department of Natural Resources shall charge and retain a fee of one 20dollar per fish for fish five (5) inches or longer and a fee of twenty-five cents ($0.25) for fish less than five (5) inches to recoup the 21cost of certification testing of Triploid Grass Carp to assure that such fish are sterile before they can be imported into the State. 22 24.15. (DNR: Hunting License Fees) For the current fiscal year, the fee: 23 (1) for the combination hunting and fishing license issued pursuant to Section 50-9-510(3) of the 1976 Code is increased from 24twenty to twenty-five dollars; 25 (2) for the nonresident statewide license issued pursuant to Section 50-9-510(6) is increased from one hundred to one hundred 26twenty-five dollars; 27 (3) for the ten consecutive days regular hunting season license for a nonresident issued pursuant to Section 50-9-510(7) of the 281976 Code is increased from fifty to seventy-five dollars; 29 (4) for the three consecutive days regular hunting season license for a nonresident issued pursuant to Section 50-9-510(8) of 30the 1976 Code is increased from twenty-five to forty dollars; and 31 (5) for the big game nonresident permit issued pursuant to Section 50-9-510(10) of the 1976 Code, the fee is increased from 32eighty-nine to one hundred dollars. 33 24.16. (DNR: Intellectual Property) The Department shall develop a comprehensive written policy providing for the treatment 34on intellectual property accruing to the Department in the area of shrimp disease and culture. This policy must address the 35following issues: definitions, coverage and disclosure requirements, ownership, dispute resolution procedures, obtaining of patents 36and copyrights, incentives, transfer or sales or research results, promotion and licensing, use of proceeds, and release of ownership 1 PAGE 191 2 1rights. Upon adoption and implementation, the Department, consistent with the policy, may sell or license intellectual property 2owned by the Department, upon approval of the Budget and Control Board. The net proceeds or annual net royalties, excluding 3any expenses including research and development, patent, licensing and litigation from intellectual property owned by the 4Department shall be apportioned and paid over by the Department according to the following schedule: Inventor 15%; State 5General Fund 85%. Proceeds apportioned and paid over to the Department shall be used by the Department for scientific research 6and education for the enhancement, management, and protection of natural resources in the State. 7 24.17. (DNR: Sale of Existing Offices) After receiving approval from the Budget and Control Board for the sale of property, 8the Department of Natural Resources is authorized to retain all funds from the sale of existing offices for the improvement, 9consolidation and/or establishment of regional hub offices. 10 24.18. (DNR: Interstate Water Negotiations and Savannah River Basin Compact Study) From funds appropriated in Part IA, 11Section 24 of this act, the director of the department shall provide for expenses associated with technical and legal consultants in 12order for the department to continue discussions with the Director of the Georgia Department of Natural Resources and other 13appropriate state and federal agencies in South Carolina and Georgia for the purpose of considering the creation of an interstate 14compact between South Carolina and Georgia concerning the Savannah River basin and for developing legislation for that purpose. 15The director of the department shall concurrently ensure that as the State takes positions in the Federal Energy Regulatory 16Commission relicensing procedures on the Yadkin/Pee Dee and Catawba Rivers, they are well founded and consistent with the 17State’s positions on the Savannah River. The study shall include, but not be limited to, the consideration of current state river 18basin compact laws, published reports on the Savannah River basin, impacts of removal of water from the basin in both the State of 19South Carolina and the State of Georgia, as well as water quantity, water quality, ecological, economic, agricultural, and 20recreational uses of the basin. The study will allow for input from parties interested in the long-term management of the Savannah 21River basin. The director of the department shall prepare a report on the expenditure of these funds and shall submit it to the 22Senate Finance Committee and the House Ways and Means Committee by June 30, 2007. 23 24SECTION 25 - P26 - SEA GRANT CONSORTIUM 25 26 25.1. (SGC: Publications Revenue) Funds generated by the sale of pamphlets, books, and other promotional materials, the 27production of which has been paid for by non-state funding, may be deposited in a special account by the consortium and utilized 28as other funds for the purchase of additional pamphlets, books, and other promotional materials for distribution to the public. 29 30SECTION 26 - P28 - DEPARTMENT OF PARKS, RECREATION AND TOURISM 31 32 26.1. (PRT: Canadian Day) The department when expending the $85,000 appropriation herein contained for a Canadian 33promotion shall designate one day of such promotion as “Canadian Day” and notwithstanding any other provision of law, all 34Canadians shall be allowed admittance to state parks and use of park camping facilities on Canadian Day free of charge. 35 26.2. (PRT: Tourism and Promotion) The funds appropriated in Program I.C. this Act for Regional Promotions, shall be 36distributed equally to the eleven Regional Tourism groups, except that the Grandstrand Tourism Region’s funds shall be divided, 1 PAGE 192 2 1with one hundred forty thousand dollars ($140,000) $75,000 distributed to the Myrtle Beach Chamber of Commerce and thirty-five 2thousand dollars ($35,000) $100,000 distributed to the Georgetown Chamber of Commerce for tourism related activities. The 3Myrtle Beach Chamber of Commerce and the Georgetown Chamber of Commerce shall submit a report to the Senate Finance 4Committee and the House Ways and Means Committee by December 1st each year describing how these funds were expended in 5the prior fiscal year. 6 26.3. (PRT: PARD Prior Year Expenditures) The Department of Parks, Recreation and Tourism shall be authorized to expend 7restricted funds in the current fiscal year, for Parks and Recreation Development Fund (PARD) grant reimbursement payment 8expenditures incurred in the prior fiscal year. 9 26.4. (PRT: Park Fee Structure) Notwithstanding Section 51-3-60 of the 1976 Code, in order to maintain the fiscal soundness 10and continued maintenance and operations of the State Park System, the Department of Parks, Recreation and Tourism is directed 11to maintain the adjustments in the fee structure implemented in September 2003 as a result of the study directed in the previous 12year by the General Assembly, however, residents listed in Section 51-3-60 may not be given discounts of less than 35% for the 13services listed. Members of the SC National Guard shall be given the same discounts for the State Park System as the residents 14listed in Section 51-3-60. 15 26.5. (PRT: Litter Control) There is established PalmettoPride, an eleemosynary, nonprofit corporation organized pursuant to 16Chapter 31 of Title 33 and Section 501(c)(3) of the Internal Revenue Code, which is authorized to coordinate and implement 17statewide and local programs for litter control. 18 PalmettoPride shall be governed by a board of directors composed of nine members to be appointed as follows: three members 19must be appointed by the Governor; three Senators must be appointed by the President Pro Tempore of the Senate; and three 20Representatives must be appointed by the Speaker of the House of Representatives. The members of the board shall elect the 21chairman of the board to serve a four-year term as a voting board member. The current board chairman, as established by the 22Governor’s Executive Order No. 99-20 (May 5, 1999) and reconfirmed by the letter from the Governor dated October 23, 2003, 23shall serve a four-year term as chairman beginning with the effective date of this act. 24 The board members shall serve terms of four years. A vacancy that occurs on the board must be filled by appointment by the 25Governor, the President Pro Tempore of the Senate, or the Speaker of the House of Representatives, as appropriate, for the 26remainder of the unexpired term. 27 The Chairman of the Board is authorized to make all personnel decisions to include the hiring of any necessary staff for the 28operation of PalmettoPride, including an Executive Coordinator. The coordinator shall submit an annual budget for the operation 29of PalmettoPride to the board of directors. The board of directors shall approve, disapprove, amend, or modify the budget 30recommended by the Executive Coordinator. 31 PalmettoPride may accept gifts, bequests, and grants from any person or foundation, and may also may receive and expend 32public funds appropriated to it or authorized by the General Assembly. Monies authorized and/or appropriated in Part IA, Section 3326, of this act, designated to the PalmettoPride-Litter Control Program pursuant to Section 14-1-208(10) must not be transferred or 34used for a purpose other than PalmettoPride-Litter Control. Unexpended funds must be carried forward and used only for 35authorized purposes. 1 PAGE 193 2 1 26.6. (PRT: Competitive Grants) Of funds appropriated to the department for Competitive Grants, these funds may be released 2to local subdivisions or nonprofit organizations for travel and tourism industry purposes only upon the approval of the Grants 3Committee of the Budget and Control Board. The agency is prohibited from transferring these funds to other programs. In 4addition, the agency may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee. 5 26.7. (PRT: State Park Privatization Approval) Before the department may enter into a final contract to privatize all or a portion 6of Cheraw State Park or Hickory Knob State Park, approval of the majority of the General Assembly must be obtained, in addition 7to the approval of the State Budget and Control Board. 8 26.8. (PRT: Destination Specific Tourism Marketing) From the funds appropriated in Part IA, Section 26, this Act for the 9Tourism and Sales Marketing program, the department shall use not less than $5,000,000 $10,000,000 for a destination specific 10tourism marketing grant program. The minimum grant awarded by this program shall be $250,000. Each state dollar must be 11matched with two dollars of private funds. An organization receiving a state grant must certify that, as of the date of the 12application: (i) the private funds are new dollars specifically designated for the purpose of matching state funds; (ii) the private 13funds have not been previously allocated or designated for tourism-related destination marketing; (iii) the organization has on hand 14or has an approved line of credit of not less than the amount of private funds needed to provide the required match. Organizations 15applying for a grant must include in the grant application, information on how the organization proposes to measure the success of 16the marketing and public relations program, including the estimated return on investment to the state. Promotional programs 17proposed by an applicant must be based on research-based outcomes. Grants must be made only to organizations that have a 18proven record of success in creating and sustaining new and repeat visitation to its area and must have sufficient resources to 19create, plan, implement, and measure the marketing and promotional efforts undertaken as a part of the program. The department 20must award a grant only to one qualified destination marketing organization within their tourism region where the organization’s 21private funds are raised. An organization receiving a grant must use the public and private funds only for the purpose of 22destination specific marketing and public relations designed to stimulate destination travel by persons outside the state to 23destinations within the state. All grants that qualify under the program must be funded if funds are available. Funding of all 24qualified grants will be on a first come first served basis with such basis retained throughout the term of this proviso. No 25organization shall receive in the first quarter more than fifty percent of the state dollars allocated to the program. If by the end of 26the third quarter matching funds are still available with no other organizations meeting the criteria for funding, the funds will be 27distributed to the organization or organizations that have and can meet all of the requirements of this proviso. Grant recipients 28shall provide an annual report by November 1, to the Chairmen of the Senate Finance Committee and the House Ways and Means 29Committee and the director of the Department of Parks, Recreation and Tourism on the expenditure of the grants funds and on the 30proposed outcome measures. 31 26.9. (PRT: H. Cooper Black Field Area) In the event funding is provided for the H. Cooper Black Field Trial Recreation Area, 32the Department of Parks, Recreation and Tourism is directed to work with the Department of Natural Resources and the South 33Carolina Forestry Commission to develop a Memorandum of Understanding for joint operations of the H. Cooper Black Field Trial 34and Recreation Area. Agencies shall submit a finalized Memorandum of Understanding to the Senate Finance and House Ways 35and Means Committees by November 1, 2006. 1 PAGE 194 2 1 26.10. (PRT: Advertising Funds Carry Forward) The Department of Parks, Recreation & Tourism may carry forward any 2 unexpended funds appropriated on the Advertising line within Program II. A. Tourism Sales and Marketing from the prior fiscal 3year into the current fiscal year to be used for the same purposes which include the Tourism Partnership Fund, Destination 4Specific Marketing Grants and the agency advertising fund. 5 6SECTION 27 - P32 - DEPARTMENT OF COMMERCE 7 8 27.1. (CMRC: Development - Publications Revenue) The proceeds from the sale of publications may be retained in the 9agency’s printing, binding, and advertising account to offset increased costs. 10 27.2. (CMRC: Economic Dev. Coordinating Council - GIS Carry Forward) From the amount set aside in Section 12-28-2910, 11the council is authorized to use up to $60,000 to support the Geographic Information Systems (GIS) program for actual operating 12expenses in support of business recruitment and retention, as approved by council. Any balance on June 30 of the prior fiscal year 13may be carried forward and expended for the same purposes in the current fiscal year. 14 27.3. (CMRC: Aeronautics - Reimbursement for Services Carry Forward) The Division of Aeronautics may retain and expend 15reimbursements derived from charges to other government agencies for service and supplies for operating purposes and that a 16reserve not to exceed $300,000 may be carried forward to the current fiscal year for the replacement of time limit aircraft 17components. 18 27.4. (CMRC: Aeronautics - Office Space Rental) Revenue received for rental of office space may be retained and expended to 19cover the cost of building operations. 20 27.5. (CMRC: Aeronautics - Funding Sequence) All General Aviation Airports will receive funding prior to the four air carrier 21airports (i.e. Columbia, Charleston, Greenville-Spartanburg, Myrtle Beach Jetport) as these qualify for special funding under the 22DOT/FAA appropriations based on enplanements in South Carolina. This policy may be waived to provide matching state funds 23for critical FAA safety or capacity projects at air carrier airports. 24 27.6. (CMRC: Aeronautics - Hangar/Parking Facilities) The Division of Aeronautics will provide hangar/parking facilities for 25government owned and/or operated aircraft on a first come basis. Funds shall be retained by the division for the purpose of hangar 26and parking facility maintenance. The Hangar Fee Schedule shall be determined by the division and shall not exceed local average 27market rates. 28 Personnel from the agencies owning and/or operating aircraft will be responsible for ground movement of their aircraft. 29 27.7. (CMRC: Aeronautics - Airport Development) Any line item appropriation for airports shall be disbursed for eligible 30airport development items as approved by the division. 31 27.8. (CMRC: Aeronautics - Clothing Allowance) The Division of Aeronautics is hereby authorized to provide pilots with an 32annual clothing allowance (on a pro rata basis) not to exceed $400 per pilot for required clothing used in the performance of their 33primary duty. 34 27.9. (CMRC: Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, for Matching 35National Grant Funds, may be carried forward to the current fiscal year and used for matching committed and/or unanticipated 36grant funds. 1 PAGE 195 2 1 27.10. (CMRC: Carry Forward Sale of Aircraft Proceeds) The Department of Commerce may carry forward proceeds from the 2sale of aircraft to be used for replacement aircraft and for required Federal Aviation Administration upgrades to existing aircraft. 3 27.11. (CMRC: Aviation Grants) The funds appropriated for Aviation Grants, in this bill or any bill supplemental thereto, shall 4be credited to the State Aviation Fund within the Division of Aeronautics of the Department of Commerce for the following 5purposes: 6 (1) to allow the maximization of grant funds available through the Federal Aviation Administration for capital improvement 7projects; this does not include administration or operational projects; 8 (2) for maintenance projects of general aviation airports; and or 9 (3) for aviation education related programs including, but not limited to, educating young people about careers in the aviation 10industry and/or the promotion of aviation in general. 11 Sponsors of publicly owned airports for public use are eligible to receive grants pursuant to this provision, but the airport must 12have a current development plan that meets the planning requirements of the National Plan of Integrated Airports Systems. 13 The Secretary of Commerce shall promulgate regulations establishing the grants program that, at a minimum, address: (1) 14priorities among improvements qualifying for grants; (2) an airport selection process to ensure an equitable distribution of funds 15among eligible airports; and (3) the criteria for distribution of funds among eligible airports. 16 Enabling airport sponsors to meet basic Federal Aviation Administration safety guidelines for obstruction clearance must be a 17major factor in the priority guidelines established by the Secretary of Commerce pursuant to this provision. The Secretary also 18shall have discretion consistent with Section 55-5-170 to establish a program to grant Aviation Fund dollars for these purposes at 19the ratio of eighty percent from the fund to twenty percent from the local airport sponsor, or any ratio with a smaller relative 20contribution from the fund. 21 A report on the expenditure of these funds shall be submitted to the Senate Finance Committee and the House Ways and Means 22Committee. 23 Notwithstanding any other provision of law, unspent funds from the prior fiscal year may be carried forward to the current fiscal 24year and spent for like purposes. 25 27.12. (CMRC: Coordinating Council Funds) Notwithstanding any other provision of law, from the amount set aside pursuant 26to Section 12-28-2910 of the 1976 Code, the council is authorized to expend funds which were not obligated or committed as of 27July 1 of the current fiscal year only as necessary for the location or expansion of an industry or business facility in South Carolina. 28Eligible expenditures include water/sewer projects, road or rail construction/improvement projects, land acquisition, fiber-optic 29cable, relocation of new employees for technology intensive and research and development facilities as defined in South Carolina 30Code Section 12-6-3360, and site preparation. Site preparation is defined as surveying, environmental and geo-technical study and 31mitigation, clearing, filling, and grading. The Coordinating Council shall annually prepare a detailed report each year for 32submission to the General Assembly by March 15 of each year which itemizes the expenditures from the fund for the preceding 33calendar year. Such report shall include an identification of the following information: (a) company name or confidential project 34number; (b) location of the project; (c) amount of grant award; and (d) scope of grant award. 1 PAGE 196 2 1 The General Assembly shall not appropriate funds, and shall not direct the Coordinating Council to extend loans or grants nor 2shall the Coordinating Council extend any loans or grants from the amount set aside pursuant to Section 12-28-2910 for any 3purpose other than those listed in this proviso. 4 27.13. (CMRC: Economic Development Coordinating Council - Administrative Expenses) Notwithstanding any other provision 5of law, the Council: (1) may retain up to five percent of the revenue received by the State Rural Infrastructure Fund for the 6purposes of meeting administrative, reporting, establishment of grant guidelines, review of grant applications, and other statutory 7obligations; and (2) may increase the application fee for qualification for the Enterprise Zone Program from two thousand to four 8thousand dollars of which $500 will be shared with the Department of Revenue and establish annual renewal fees of $500 for the 9Enterprise Zone and Retraining Programs to be shared equally with the Department of Revenue for the purposes of meeting 10administrative, data collection, credit analysis, cost-benefit analysis, reporting, and other statutory obligations. 11 27.14. (CMRC: Export Trade Show Funds) Funds collected from South Carolina companies for offsetting costs associated with 12participation in future trade shows may be carried forward from the prior fiscal year to the current fiscal year and used for that 13purpose. 14 27.15. (CMRC: Special Events Advisory Committee) The Department of Commerce is required to establish a Special Events 15Advisory Committee to provide oversight to the department as it relates to the department’s Special Events Fund. The Advisory 16Committee shall be made up of contributors to the Fund appointed by the Secretary of Commerce and shall consist of no fewer 17than eight members, including a chairman. The Advisory Committee shall establish guidelines for the use of these funds. The 18Department of Commerce shall prepare a detailed report and have an independent audit of all expenditures of the fund during the 19previous calendar year. None of these funds shall be used for operating expenses. The report shall be submitted to the Governor, 20the Speaker of the House, the President of Pro Tempore of the Senate, the Chairman of the House Ways and Means Committee, 21and Chairman of the Senate Finance Committee. 22 27.16. (CMRC: SC World Trade Center) Of funds appropriated to the department, $100,000 shall be transferred to the South 23Carolina World Trade Center. 24 27.17. (CMRC: Development-Rental Revenue) Revenue received from the sublease on non-state owned office space may be 25retained and expended to offset the cost of the department’s leased office space. 26 27.18. (CMRC: Development-Ad Sales Revenue) The department may charge a fee for ad sales in department authorized 27publications and may use these fees to offset the cost of printing and production of the publications. Any revenue generated above 28the actual cost shall be remitted to the General Fund. 29 27.19. (CMRC: Foreign Offices) The Secretary of Commerce shall be authorized to appoint the staff of the department’s 30foreign offices on a contractual basis on such terms as the Secretary deems appropriate, subject to review by the Office of Human 31Resources of the Budget and Control Board. 32 27.20. (CMRC: Funding For I-73 & I-74) Of the funds authorized for the Coordinating Council Economic Development, 33$500,000 shall be made available for the routing, planning and construction of I-73 and $500,000 shall be made available for the 34routing, planning, and construction of I-74. 1 PAGE 197 2 1 27.21. (CMRC: Reimbursement of Expenditures) Any reimbursements of expenditures in prior fiscal years related to 2infrastructure costs for the ICAR project shall be retained by the department for repayment of funds previously used for the ICAR 3project. 4 27.22. (CMRC: Yearly Financial Audit) Notwithstanding any other provision of law, the Department of Commerce may have 5an Agreed Upon Procedures audit in lieu of having audited financial statements. This audit shall be in coordination with the State 6Auditor’s Office and will be in accordance with generally accepted accounting principles and must comprise all financial records 7and controls. This audit must be completed by November 1 following the close of the fiscal year. 8 27.23. (CMRC: Competitive Grants) Of funds appropriated to the department for Competitive Grants, these funds may be 9released to local subdivisions or nonprofit organizations for economic development purposes only upon the approval of the Grants 10Committee of the Budget and Control Board. The agency is prohibited from transferring these funds to other programs. In 11addition, the agency may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee. 12 27.24. (CMRC: Coordinating Council - Rural Infrastructure Funds) The Department of Commerce Coordinating Council is 13hereby authorized to carry forward committed and uncommitted funds from the State Rural Infrastructure Fund, for the authorized 14purposes as specified in its legislation. 15 27.25. (CMRC: Job Development Credits) Any company that received approval for Job Development Credits in January 2005 16shall have the option of using the prior year’s county classification for purposes of obtaining the Job Development Credits. 17 27.26. (CMRC: World Trade Center) Of the funds appropriated to the department for the SC World Trade Park and Education 18Center, these funds shall not be transferred to any other program within the department for any other purpose. 19 27.27. (CMRC: Motion Picture Rebate) From the amount set aside pursuant to Section 12-62-50, the South Carolina Film 20Commission may rebate to a motion picture production company, up to twenty percent of the total aggregate South Carolina 21payroll for persons subject to South Carolina income tax withholdings employed in connection with the production. From the 22amount set aside pursuant to Section 12-62-60, the South Carolina Film Commission may rebate to a motion picture production 23company up to thirty percent of the expenditures made by the motion picture production company in the State. Motion picture 24production companies that have previously been approved at the lower percentages may reapply for the higher percentages only if 25the project that was approved is still in production in South Carolina as of the effective date of this proviso. 26 27.28. (CMRC: WIA Prior Year Payments) The Department of Commerce shall be allowed to pay Workforce Investment Act 27prior-year obligations with current year funds. 28 27.29. (CMRC: Natural Gas Supply Study) From the funds appropriated to the Department of Commerce in Part IA, Section 2927, of this act, the department must provide up to $2,500 to cover the costs for the completion of a natural gas supply study should 30such a study be authorized by a Joint Resolution of the General Assembly during the 2006 legislative session. 31 27.30. (CMRC: County Industrial Utility Infrastructure Grant Program) From Coordinating Council for Economic 32Development funds appropriated to the department for the current fiscal year, $1,500,000 must be set aside in a special account 33titled “County Industrial Utility Infrastructure Grant Program.” A county is eligible for a grant only if the project is to assist with 34an existing or planned utility infrastructure project in an industrial park located within five miles of interstates 20, 26, 73, 77, 85, 3595, or any of their spurs, and if the county unemployment rate is 10.0% or higher for the most recent month as published by the SC 36Employment Security Commission. The department shall develop the process and application forms for the program. The 1 PAGE 198 2 1department shall hold all applications until June 15 of the current fiscal year. At that time following the receipt of the application 2from the eligible counties and upon approval by the Coordinating Council for Economic Development, grants shall be awarded pro 3rata to the eligible counties. 4 27.31. (CMRC: Closing Fund) In order to encourage and facilitate economic development, the $7,000,000 appropriated for the 5Closing Fund for competitive recruitment purposes shall be used as approved by the Coordinating Council for Economic 6Development. Any unexpended balance on June 30, of the prior fiscal year may be carried forward and expended in the current 7fiscal year by the Department of Commerce for the same purposes. 8 27.32. (CMRC: Film Marketing) From the funds authorized to the Department of Commerce in Section 27, Part IA, Program 9II.B. of this act, the department may use the film marketing funds for the following purposes: 1) to allow for assistance with 10recruitment and infrastructure development of the film industry; 2) to develop a film crew base; 3) to develop ally support in the 11film industry; and 4) marketing and special events. 12 27.33. (CMRC: Motion Picture Administration Application Fee) The Coordinating Council for Economic Development may 13charge an application fee for the Motion Picture Incentive programs and may retain and expend these funds for the purposes of 14meeting administrative, data collection, credit analysis, cost-benefit analysis, reporting and auditing, and other statutory 15obligations. A fee schedule must be established and approved by the Coordinating Council for Economic Development. 16 27.34. (CMRC: Community Development Corporation Carry Forward) The Department of Commerce shall be authorized to 17carry forward Community Development Corporation Initiative committed and uncommitted funds from the prior fiscal year and to 18use these funds for the same purpose. 19 27.35. (CMRC: Aeronautics Grant Match Funds) The funds appropriated to the Division of Aeronautics for FAA grant 20matching, may be used to match state and local aviation airports projects whether or not they have received FAA funding. Any 21funds must be approved by the Aeronautics Commission prior to being awarded. 22 27.36. (CMRC: Economic Development Organizations) The Department of Commerce shall utilize $2,700,000 of the 23 $3,000,000 appropriated in this Act for Regional Economic Development Organizations to provide funds to the following six 24economic development organizations: 25 1) Central SC Economic Development Alliance; 26 2) Charleston Regional Development Alliance; 27 3 ) Economic Development Partnership; 28 4 ) North Eastern Strategic Alliance (NESA); 29 5 ) Southern Carolina Alliance; and 30 6 ) Upstate Alliance. 31 The maximum funds dispersed to each organization shall be $450,000 and each dollar of state funds must be matched with one 32 dollar of pri v ate funds. The organization receiving state funds must certify that the private funds are new dollars specifically 33designated for the purpose of matching state funds and have not been previously allocated or designated for economic 34development. 35 The remaining $300,000 shall be provided to Chester County, Lancaster County, Union County, and York County provided they 36meet the requirements established above. 1 PAGE 199 2 1 Upon receipt of the request for the funds and certification of the matching funds, the Department of Commerce shall disperse 2the funds to the requesting organization. 3 Funds recipients shall provide an annual report by November 1, to the Chairmen of the Senate Finance Committee and the 4House Ways and Means Committee and the Secretary of Commerce on the expenditure of the funds and on the outcome measures. 5 6SECTION 29A - P40 - S.C. CONSERVATION BANK 7 8 29A.1. (CB: Conservation Bank Trust Fund) All revenues designated for the South Carolina Conservation Bank pursuant to 9Sections 12-24-95 and 12-24-97 of the 1976 Code must be credited to the South Carolina Conservation Bank Trust Fund. 10SECTION 30 - B04 - JUDICIAL DEPARTMENT 11 12 30.1. (JUD: Prohibit County Salary Supplements) County salary supplements of Judicial Department personnel shall be 13prohibited. 14 30.2. (JUD: County Offices For Judges) Every county shall provide for each circuit and family judge residing therein an office 15with all utilities including a private telephone, and shall provide the same for Supreme Court Justices and Judges of the Court of 16Appeals upon their request. 17 30.3. (JUD: Commitments to Treatment Facilities) The appropriation for continued implementation of Article 7, Chapter 17, of 18Title 44 of the 1976 Code, Chapter 24 of Title 44 of the 1976 Code, and Chapter 52 of Title 44 of the 1976 Code, relating to 19commitments, admissions and discharges to mental health facilities, or treatment facility for the purpose of alcohol and drug abuse 20treatment, shall be expended for the compensation of court appointed private examiners, guardians ad litem, and attorneys for 21proposed patients, and related costs arising from the filing, service and copying of legal papers and the transcription of hearings or 22testimony. Court appointed private examiners, guardians ad litem and attorneys shall be paid at such rates or schedules as are 23jointly determined to be reasonable by the South Carolina Association of Probate Judges, the State Court Administrator, and the 24South Carolina Department of Mental Health with the approval of the Attorney General. The Judicial Department shall notify the 25Senate Finance Committee and the House Ways & Means Committee of any fee adjustment or change in schedule before 26implementation. 27 30.4. (JUD: Judicial Commitment) Except as otherwise provided in Section 72.5, no money appropriated pursuant to Item VI, 28Judicial Commitment shall be used to compensate any state employees appointed by the court as examiners, guardians ad litem, or 29attorneys nor shall such funds be used in payment to any state agency for providing such services by their employees. 30 30.5. (JUD: Judicial Expense Allowance) Each Supreme Court Justice, Court of Appeals Judge, Family Court Judge and 31Circuit Court Judge and any retired judge who receives payment for performing full-time judicial duties pursuant to Section 329-8-120 of the South Carolina Code of Laws, shall receive five hundred dollars per month as expense allowance. 33 30.6. (JUD: Special Judge Compensation) In the payment of funds from “Contractual Services”, and “Administrative Fund”, 34that no special judge shall be paid for more than a two week term within a fiscal year except that this restriction will not apply in 35case of an ongoing trial. 1 PAGE 200 2 1 30.7. (JUD: Advance Sheet Revenues Deposit) The Judicial Department shall retain any advance sheet revenues collected 2above the amount remitted to the general fund in FY 01-02 and shall deposit such revenue into a special revenue account and 3expend these funds for the production and distribution of same. 4 30.8. (JUD: BPI/Merit) Judicial employees shall receive base and average merit pay in the same percentages as such pay are 5granted to classified state employees. 6 30.9. (JUD: Supreme Court Bar Admissions) Any funds collected from the Supreme Court Bar Admissions Office in excess of 7the amount required to be remitted to the general fund may be deposited into an escrow account with the State Treasurer’s Office. 8The department is authorized to receive, expend, retain, and carry forward these funds. 9 30.10. (JUD: Travel Reimbursement) State employees of the Judicial Department traveling on official state business must be 10reimbursed in accordance with Section 72.25(J) of this act. 11 30.11. (JUD: Interpreters) The funds appropriated in this section for “Interpreters” shall be used to offset costs associated with 12interpreters appointed in judicial proceedings under Sections 17-1-50, 15-27-155, and 15-27-15. The selection, use, and 13reimbursement of interpreters shall be determined under such guidelines as may be established by the Chief Justice of the Supreme 14Court. Interpretive services for hearing impaired persons shall be obtained through contract with the South Carolina School for the 15Deaf and the Blind, provided that if the Chief Justice determines, for any reason, that adequate services are not available through 16the South Carolina School for the Deaf and the Blind, the Judicial Department may secure interpretive services from any qualified 17vendor. 18 30.12. (JUD: Reimbursement Receipt Deposit) Amounts received as payment for reproducing, printing, and distributing copies 19of court rules and other department documents shall be retained for use by the department. 20 30.13. (JUD: Surplus Property Disposal) Technology equipment that has been declared surplus may be donated directly to 21counties for use in court-related activities. 22 30.14. (JUD: Judicial Carry Forward) In addition to the funds appropriated in this section, the funds appropriated for the 23Judicial Department in the prior fiscal year which are not expended during that fiscal year may be carried forward to be expended 24in the current fiscal year. 25 30.15. (JUD: Case Management Services) The Judicial Department shall retain revenue generated by charging a fee for 26technology support services provided to users of the State case management system. These funds may be expended and carried 27forward to offset the costs of supporting and maintaining the case management system. 28 30.16. (JUD: Magistrates’ Training) From the funds appropriated to the Judicial Department, the department shall provide 29magistrates annual continuing education on domestic violence, which may include, but is not limited to: 30 (1) the nature, extent, and causes of domestic and family violence; 31 (2) issues of domestic and family violence concerning children; 32 (3) prevention of the use of violence by children; 33 (4) sensitivity to gender bias and cultural, racial, and sexual issues; 34 (5) the lethality of domestic and family violence; 35 (6) legal issues relating to domestic violence and child custody; 1 PAGE 201 2 1 (7) procedures, penalties, programs, and other issues relating to criminal domestic violence, including social and 2psychological issues relating to such violence, the vulnerability of victims and volatility of perpetrators, and the court’s role in 3ensuring that the parties have appropriate and adequate representation; 4 (8) procedures and other matters relating to issuing orders of protection from domestic violence. 5 30.17. (JUD: Fathers and Families Initiative) The $500,000 appropriated to the Judicial Department for the South Carolina 6 Center for Fathers and Families must be used by that organization to provide a program for low - income fathers as an alternative 7to incarceration for nonpayment of child support. The center shall use these funds to administer the program for unemployed or 8 underemployed low - income fathers in eight fatherhood program sites around the state. These sites shall include any of the 9following counties: Horry, Richland, Lexington, Charleston, Georgetown, Lancaster, Marlboro, Florence, Greenville, or 10 Spartanburg. The program shall assist low - income fathers in the current fiscal year with securing livable wage employment 11 within forty - five days of their admission into the program and provide other core fatherhood services, including parenting and job 12retention skills. Fathers who are admitted into the program must be required to consistently make their monthly child support 13payments, pay any monthly arrearage payments which are due, and attend weekly fatherhood meetings. 14 The Center for Fathers and Families shall submit to the Senate Finance Committee and House Ways and Means Committee a 15complete detailed accounting for the expenditures of these funds by April 30, 2008. At a minimum the report shall consist of a line 16item listing of expenditures, personnel, site locations, the number of program participants, and the number who successfully 17complete the program. 18 19SECTION 32 - E20 - ATTORNEY GENERAL’S OFFICE 20 21 32.1. (AG: Hiring of Attorneys) No department or agency of the State Government shall hire any classified or temporary 22attorney as an employee except upon the written approval of the Attorney General and at a compensation approved by him. All 23such attorneys shall at all times be under the supervision and control of the Attorney General except as otherwise provided by law 24unless obtaining prior approval by the Budget and Control Board. 25 32.2. (AG: Engage Attorney on Fee Basis) No department or agency of the State Government shall engage on a fee basis any 26attorney at law except upon the written approval of the Attorney General and upon such fee as shall be approved by him. This 27shall not apply to the employment of attorneys in special cases in inferior courts where the fee to be paid does not exceed two 28hundred fifty ($250.00) dollars or exceptions approved by the Budget and Control Board. 29 32.3. (AG: Litigation Expense) Notwithstanding any other provision of law, the Office of the Attorney General may obtain 30reimbursement for its costs in representing the State in criminal proceedings and in representing the State and its officers and 31agencies in civil and administrative proceedings. These costs may include, but are not limited to, attorney fees or investigative 32costs or costs of litigation awarded by court order or settlement, travel expenditures, depositions, printing, transcripts, and 33personnel costs. Reimbursement of these costs may be obtained by the Office of the Attorney General from the budget of an 34agency or officer that it is representing or from funds generally appropriated for legal expenses with the approval of the Budget and 35Control Board. 1 PAGE 202 2 1 32.4. (AG: Elder and Vulnerable Adults Abuse Reports) The Long Term Care Ombudsman Program and the Adult Protection 2Services Program shall forward to the Attorney General’s Office reports of abuse, neglect, or exploitation of elders or vulnerable 3adults as defined pursuant to the Omnibus Adult Protection Act. The Attorney General and these investigative entities shall enter 4into memoranda of understanding to determine which reports shall be sent to the Attorney General’s Office, the time frame to be 5met and any other process needed to meet the requirements of this proviso. 6 32.5. (AG: Sexually Violent Predator Act Filing Fees) The State of South Carolina, or a person or entity acting on behalf of the 7State of South Carolina, is not required to pay filing fees in proceedings brought under Chapter 48 of Title 44, the Sexually Violent 8Predator Act. 9 32.6. (AG: Complex Criminal Litigation-Palmetto Exile Prosecutions) Notwithstanding the maximum amount allowed in the 10Complex Criminal Litigation Fund pursuant to Sections 14-1-206, 14-1-207, and 14-1-208 of the 1976 Code, for the current fiscal 11year an additional $77,500 may be retained in the fund and used by the Attorney General for the expenses of prosecutions under 12the Palmetto Exile Project, and such prosecutions are deemed complex criminal litigation for purposes of determining the uses to 13which the revenue of the fund may be applied. 14 32.7. (AG: Prior Year Expenditures) The Office of the Attorney General is authorized to use unexpended federal funds in the 15current fiscal year to pay for expenditures incurred in the prior fiscal year. 16 32.8. (AG: Other Funds Carry Forward) Any balance of unexpended funds, not including general fund appropriations, may be 17carried forward for the operation of the Attorney General’s office. 18 32.9. (AG: Reimbursement for Expenditures) The Office of the Attorney General may retain for general operating purposes, 19any reimbursement of funds for expenses incurred in a prior fiscal year. 20 32.10. (AG: Donation Carry Forward) All revenue derived from donations received at the Office of the Attorney General shall 21be retained, carried forward, and expended according to agreement reached between the donor, or donors, and the Attorney 22General. 23 24SECTION 33 - E21 - PROSECUTION COORDINATION COMMISSION 25 26 33.1. (PCC: Solicitor Salary) The amount appropriated in this section for salaries of solicitors shall be paid to each full-time 27solicitor. 28 33.2. (PCC: Solicitor Expense Allowance) Each solicitor shall receive five hundred dollars ($500.00) per month as expense 29allowance. 30 33.3. (PCC: Judicial Circuits State Support) The amount appropriated and authorized in this section for Judicial Circuits (16) 31State Support may, upon approval of the commission, be used to fund necessary administrative and personnel costs of the 32commission and other expenditures approved by the commission, not to exceed 5% of the appropriation, and the balance thereafter 33remaining shall be apportioned among the circuits on a per capita basis and based upon the official census of 2000. Payment shall 34be made as soon after the beginning of each quarter as practical. 35 33.4. (PCC: Solicitor Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, may be carried forward into 36the current fiscal year and expended for the operation of the solicitor’s office relating to operational expenses. 1 PAGE 203 2 1 33.5. (PCC: Solicitor’s Office - County Funding Level) It is the intent of the General Assembly that the amounts appropriated 2for solicitors’ offices shall be in addition to any amounts presently being provided by the county for these services and may not be 3used to supplant funding already allocated for such services without any additional charges. 4 33.6. (PCC: Worthless Check Unit) A Circuit Solicitor may establish, under his direction and control and with the agreement of 5the county governing body, a Worthless Check Unit for the purpose of processing worthless checks and to assist the victims of 6these cases in the collection of restitution. The fee schedule shall be fifty dollars for checks up to $500, one hundred dollars for 7checks $501-$1,000, and one hundred-fifty dollars for checks $1,001 or greater. An amount equal to the allowable administrative 8costs contained in Section 34-11-70(c) must be added to the fee. All fees, other than court costs and an amount equal to the 9allowable administrative costs contained in Section 34-11-70(c) which must be remitted to the treasurer for deposit in the county 10general fund, collected by the Worthless Check Unit in accordance with the fee schedule promulgated under this proviso must be 11deposited into a fund known as the Worthless Check Fund maintained by the county treasurers of the counties comprising the 12circuit. All funds collected and deposited in this fund shall be applied first to defray the costs of operation of the Worthless Check 13Unit with the balance thereof to be used by the Solicitor to pay normal operating expenses of his office. Withdrawals from this 14account shall be made only at the request of the Solicitor. The funds generated pursuant to this proviso must not be used to reduce 15the amount budgeted by the county to the Solicitor’s office. The Solicitor shall further maintain an account for the purpose of 16collection and disbursement of restitution of all funds collected for the benefit of the victims of the worthless check. The 17Worthless Check Unit shall disburse to the victim all restitution collected in connection with the original complaint filed. If the 18victim cannot be located after a reasonable time and upon diligent efforts to locate him, the restitution due the victim must be 19transferred to the general fund of the county. 20 33.7. (PCC: Drug Court Funding) (A) In addition to all other assessments and surcharges required to be imposed by law, 21during the current fiscal year, a one hundred dollar surcharge is also levied on all fines, forfeitures, escheatments, or other 22monetary penalties imposed in the general sessions court or in magistrates’ or municipal court for misdemeanor or felony drug 23offenses. No portion of the surcharge may be waived, reduced, or suspended. (B) The revenue collected pursuant to subsection 24(A) must be retained by the jurisdiction which heard or processed the case and paid to the State Treasurer within thirty days after 25receipt. The State Treasurer shall transmit these funds to the Prosecution Coordination Commission which shall then apportion 26these funds among the sixteen judicial circuits on a per capita basis equal to the population in that circuit compared to the 27population of the State as a whole based on the most recent official United States census. The funds shall be used for drug 28treatment court programs only. (C) It is the intent of the General Assembly that the amounts generated by this paragraph shall be 29in addition to any amounts presently being provided for drug treatment court programs and may not be used to supplant funding 30already allocated for these services. (D) The State Treasurer may request the State Auditor to examine the financial records of any 31jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to subsection 32(B). The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in 33and cooperate fully with the examination. 34 33.8. (PCC: Solicitors Victim/Witness Assistance Programs) The amount appropriated and authorized in Part IA, Section 33 35for Solicitors Victim/Witness Assistance Programs shall be apportioned among the circuits on a per capita basis and based upon 36the official census of 2000. Payment shall be made as soon after the beginning of each quarter as practical. 1 PAGE 204 2 1 33.9. (PCC: Criminal Domestic Violence Prosecution) The amount appropriated in Part IA, Section 33, for Criminal Domestic 2Violence Prosecution shall be apportioned equally among the circuits. The amount appropriated shall be used solely for the 3purpose of criminal domestic violence prosecution in the magistrate and circuit courts. Payment shall be made as soon after the 4beginning of each quarter as practical. Each Solicitor shall designate at least one individual prosecutor per county for this purpose. 5A Solicitor and the Attorney General may partner to accomplish these provisions. The Prosecution Coordination Commission shall 6retain information and data on criminal domestic violence prosecutions and shall provide the General Assembly with an annual 7report no later than sixty days after the conclusion of the fiscal year. If not privileged information by law, the report shall at a 8minimum include information and statistics regarding the location, the number and type of criminal domestic violence charges, the 9number of cases prosecuted, and the disposition of the cases. 10 33.10. (PCC: DUI Prosecution) The amount appropriated in Part IA, Section 33, for Driving Under the Influence Prosecution 11shall be apportioned equally among the circuits. The amount appropriated shall be used solely for the purpose of driving under 12the influence prosecution in the magistrate and circuit courts. Payment shall be made as soon after the beginning of each quarter 13as practical; however, before the second or subsequent quarterly payments may be made, the Solicitor must provide proof that 14additional personnel above the previous level have been hired for the purpose of prosecuting driving under the influence cases in 15magistrate and circuit courts. The Prosecution Coordination Commission shall retain information and data on driving under the 16influence prosecutions and shall provide the General Assembly with an annual report no later than 60 days after the conclusion of 17the fiscal year. The report shall at a minimum include an accounting of the expenditure of the funds as well as information and 18statistics regarding the location, the number and type of driving under the influence charges, the number of cases prosecuted, and 19the disposition of the cases. 20 21SECTION 35 - E23 - COMMISSION ON INDIGENT DEFENSE 22 23 35.1. (INDEF: Defense of Indigents Formula) The amount appropriated in this section Act for “Defense of Indigents” shall be 24apportioned among counties in accord with Section 17-3-70, 1976 Code, but on a per capita basis and based upon the most current 25official decennial census of the United States; provided that no county shall receive funding in an amount less than the amount 26apportioned to it as of July 1, 2005. The level of contribution of each county as of July 1, 2001, must be maintained. No county 27shall be permitted to contribute less money than the amount the county contributed in the prior fiscal year. Within the amount of 28money established for indigent defense services, the State shall set aside $3,000,000 (Death Penalty Trial Fund) annually 29exclusively for use of the defense in capital cases pursuant to Section 16-3-26 of the 1976 Code, and for the expenses of the 30operation of the Commission on Indigent Defense. The State also shall set aside $1,500,000 annually to pay fees and expenses of 31private counsel appointed in non-capital cases pursuant to Section 17-3-50 (Conflict Fund). Of the funds generated from the fees 32imposed under Sections 14-1-206(C)(4), 14-1-207(C)(6) and 14-1-208(C)(6) and the application fee provided in Section 3317-3-30(B), on a monthly basis, 50% must be deposited into the Death Penalty Trial Fund, 15% must be deposited into the Conflict 34Fund until each of these funds has received the required level of deposit, and the remaining funds each month must be apportioned 35among the counties’ public defender offices pursuant to Section 17-3-70. When either the Death Penalty Trial Fund or the Conflict 36Fund has been fully funded, the monthly revenue being set aside for that fund will be directed to the other fund until it is 1 PAGE 205 2 1completely funded. Upon complete funding of both the Death Penalty Trial Fund and the Conflict Fund, all revenue collected 2pursuant to Sections 14-1-206(C)(4), 14-1-207(C)(6), 14-1-208(C)(6), and 17-3-30(B) must be apportioned among the counties’ 3public defender offices pursuant to Section 17-3-70. At the end of each fiscal year, any funds remaining in the Conflict Fund shall 4be treated as provided in Section 17-3-330(B). At the end of each fiscal year any leftover funds shall carryover to the next fiscal 5year. All applications for the payment of fees and expenses in capital cases shall be applied for from the Death Penalty Trial Fund 6which shall be administered by the Commission on Indigent Defense. All applications for the payment of fees and expenses of 7private counsel or expenses of public defenders pursuant to Section 17-3-50 shall be applied for from the Conflict Fund 8administered by the Office of Indigent Defense. 9 35.2. (INDEF: State Employee Compensation Prohibited) Except as otherwise provided in Section 72.5, no money 10appropriated pursuant to Defense of Indigents shall be used to compensate any state employees appointed by the court as 11examiners, guardians ad litem or attorneys nor shall such funds be used in payment to any state agency for providing such services 12by their employees. 13 35.3. (INDEF: Appellate Conflict Fund) The purpose of this fund is to provide money to pay attorneys for representing indigent 14defendants on appellate review when the Office of Appellate Defense is unable to do so. Funds designated for appellate use in 15conflict cases shall be administered by the Office of Indigent Defense. The Office of Appellate Defense must first determine that it 16is unable to provide representation. Fees shall be $40 per hour for out of court work and $60 for in court work, with a maximum of 17$3,500 per case for non-capital appeals. Fees shall be $50 per hour for out of court work and $75 per hour for in court work in 18capital appeals with a maximum of $10,000 per capital appeal. The appropriate appellate court shall review and approve vouchers 19for payment for appellate conflict cases. The Office of Appellate Defense shall continue to provide printing and other support 20functions currently provided from their resources. On June 30 of each year, the Office of Indigent Defense shall review all 21outstanding obligations in this fund. Any unspent and unobligated money shall be used to pay outstanding vouchers in the Death 22Penalty Trial Fund or the Conflict Fund, provided the designated fund has become exhausted during the year. 23 35.4. (INDEF: Post Conviction Relief Payments) Notwithstanding any other provision of law, the court shall order payment of 24all fees and costs in non capital Post Conviction Relief cases from funds appropriated to the Office of Indigent Defense for the 25defense of indigents in non capital Post Conviction Relief cases. Any attorney appointed shall be compensated at a rate not to 26exceed forty dollars per hour for time expended out of court and sixty dollars per hour for time expended in court. In court 27payments shall be made only for the time actually spent before the court. Compensation and costs shall not exceed one thousand 28dollars in any single case and shall be paid from funds appropriated to the Office of Indigent Defense for the defense of indigents 29represented by court-appointed, private counsel, in non capital Post Conviction Relief cases. 30 35.5. (INDEF: Civil Court Appointments) The funds appropriated under “Civil Court Appointments” shall be used for Civil 31Court Appointments including Termination of Parental Rights, Abuse and Neglect, Probate Court Commitments, Sexually Violent 32Predator Act, and Post Conviction Relief (PCR) to reimburse court appointed private attorneys and for other expenditures as 33 specified in t his provision. Civil Court Appointments funds may not be transferred or used for any other purpose. 34 A portion of the funds appropriated under “Civil Court Appointments” shall be used for “Termination of Parental Rights” cases 35and “Abuse and Neglect” cases to reimburse private attorneys who are appointed by the Family Court to represent guardians ad 36litem, children, or parents under the provisions of S.C. Code Sections 20-7-110 et seq., 20-7-1570 et seq., 20-7-1695 (A)(2) et seq., 1 PAGE 206 2 120-7-600 20-7-7205 et seq., and 20-7-8705 (4)(a) et seq.; for “Probate Court Commitment” cases to reimburse private attorneys 2who are appointed by the Probate Court to represent indigent persons; and for “Sexual Violent Predator” cases to reimburse 3 private attorneys who are appointed by the Circuit Court pursuant to Sections 44-48-10, et seq., to represent indigent persons. 4When private counsel is appointed pursuant to these provisions, counsel shall be reimbursed a reasonable fee to be determined on 5the basis of forty fifty dollars per hour. Reimbursement shall not exceed one thousand seven hundred fifty two thousand dollars for 6any case under which such private attorney is appointed. Reimbursement in excess of the hourly rate and limit set forth herein is 7authorized only if the court certifies, in a written order with specific findings of fact, that reimbursement in excess of the rates or 8limit is necessary to provide reimbursement adequate to ensure effective assistance of counsel and reimbursement in excess of the 9limit is appropriate because the services provided were reasonably and necessarily incurred. Upon a finding in ex parte 10proceedings that investigative, expert, or other services are reasonable and necessary for the representation of the defendant, the 11court shall authorize the defendant’s attorney to obtain such services on behalf of the defendant and shall order the payment, from 12funds available to the Office of Indigent Defense, of fees and expenses not to exceed five hundred dollars as the court considers 13appropriate. Payment in excess of the five hundred dollar limit is authorized only if the court certifies, in a written order with 14specific findings of fact, that payment in excess of the limit is appropriate because the services provided were reasonable and 15necessarily incurred to provide adequate defense. Payments shall be made from funds appropriated for this purpose from the 16Commission of Indigent Defense. 17 Indigent defense vouchers authorized in this provision must be reviewed pursuant to procedures established by the Commission 18on Indigent Defense. The commission shall provide a copy of the established procedures to the Senate Finance Committee and the 19House Ways and Means Committee. 20 A portion of the funds appropriated under “Civil Court Appointments” may be used by the Commission on Indigent Defense to 21retain, on an annual contractual basis, the services of attorneys qualified to handle civil court appointments, whose services shall 22be engaged on the basis of bids submitted and approved payment of no more than an hourly rate of fifty dollars per hour, not to 23exceed two thousand dollars per case for the services to be rendered. 24 A portion of the funds appropriated under “Civil Court Appointments” shall be used for “Probate Court Commitment” cases to 25reimburse private attorneys who are appointed by the Probate Court to represent indigent persons. When private counsel is 26appointed pursuant to these provisions, counsel shall be reimbursed a reasonable fee to be determined on the basis of forty dollars 27per hour. 28 A portion of the funds appropriated under “Civil Court Appointments” shall be used for “Sexual Violent Predator” cases to 29reimburse private attorneys who are appointed by the Circuit Court pursuant to Section 44-48-10, et seq, to represent indigent 30persons and for the fees of necessary expert witnesses. When private counsel is appointed pursuant to these provisions, counsel 31shall be reimbursed a reasonable fee to be determined on the basis of forty dollars per hour. Payment shall be made from funds 32appropriated for this purpose from the Commission of Indigent Defense. 33 If on June 30 of each year the Commission on Indigent Defense determines that the funds appropriated for Civil Court 34Appointments have not been exhausted but that other funds administered by the Commission on Indigent Defense are exhausted, 35the commission may transfer available funds to the exhausted fund(s) and pay any outstanding vouchers to the extent possible. 1 PAGE 207 2 1 35.6. (INDEF: Guardian Ad Litem Appointments) The Commission on Indigent Defense working with the Guardian ad Litem’s 2Office of the Division of Children’s Services, may allocate a portion of the funds provided for Civil Court Appointments for 3payments to individual Guardian ad Litem programs is directed to transfer $360,000 from the Civil Appointment Fund to the 4 Governor’s Office of Executive Policy and Programs, Guardian ad Litem Program for payment of attorney appointments in child 5abuse and neglect cases. The Commission on Indigent Defense shall allocate Civil Court Appointment funds for payment to 6attorneys appointed in child abuse and neglect cases where volunteer appointments to the case cannot be made by the South 7Carolina Guardian ad Litem Program. The commission shall take into consideration case loads, populations, needs, etc., of the 8individual offices counties, to determine an amount needed to provide effective representation of the children concerned that 9would not be represented by those appointments funded by the $360,000 redirected to the South Carolina Guardian ad Litem 10Program. In determining if any amount should be allocated, the commission must take into account the total funds appropriated 11and weigh this sum against the other demands and obligations of the Civil Appointments Fund. The Commission on Indigent 12Defense shall report to the Senate Finance Committee and the House Ways and Means Committee any payments to individual 13Guardian ad Litem programs guardians ad litem from funds provided from the Civil Appointment Fund. 14 35.7. (INDEF: County Contributions) For the current fiscal year, in addition to amounts appropriated to the Commission on 15Indigent Defense for Defense of Indigents/Per Capita, no county shall reduce its contribution to the local Defender Corporation 16below the amount provided for such organization in the prior fiscal year. 17 35.8. (INDEF: Carry Forward) To offset budget reductions, the Office of Indigent Defense may carry forward and utilize any 18unencumbered balances available in the Appellate Conflict Fund and the Civil Fund at the end of the prior fiscal year. 19 35.9. (INDEF: Carry Forward of Obligations) Notwithstanding any other provision of law, the Commission on Indigent 20Defense is authorized to carry-forward unpaid obligations incurred and received for payment in one fiscal year and to pay, to the 21extent possible, these obligations from funds appropriated in the next year’s budget. 22 35.10. (INDEF: Application Fee for Appointment of Counsel) For the current fiscal year, the application fee for public defender 23services payable under Section 17-3-30(B) is increased to forty ($40) dollars. 24 35.11. (INDEF: Assessments Increase) The assessment paid pursuant to Section 14-1-206, 14-1-207, or 14-1-208 by a person 25who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in general sessions, magistrate’s, or 26municipal court is increased from one hundred to one hundred seven and one-half percent of the fine imposed. The revenues 27generated by this increase of seven and one-half percent must be deposited in the General Fund of the State. From the total 28revenues generated by Sections 14-1-206, 14-1-207, and 14-1-208, and in addition to other uses prescribed by law, $3,200,000 29shall be allocated to the following agencies for support of the programs specified: $500,000 to the Department of Juvenile Justice 30for the Juvenile Arbitration Program; $450,000 to the Department of Juvenile Justice for the Marine Institutes; $500,000 to the 31Department of Juvenile Justice for regional status offender programs, of which $106,000 must be allocated to the Anderson County 32Upstate Youth Camp; and $1,750,000 to the Office of Indigent Defense for use in offsetting budget cuts. It is the intent of the 33Legislature that the amount of the funds generated from this source and credited to the other State Agencies as provided by Section 3414-1-206, 14-1-207, or 14-1-208 shall not be less than the amounts credited to those agencies in the previous fiscal year. 35 35.12. (INDEF: Defense of Indigents Application Fee) (A) A person to whom counsel has been provided in any court in this 36state shall execute an affidavit that the person is financially unable to employ counsel and that affidavit shall set forth all of the 1 PAGE 208 2 1person’s assets. If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its 2discretion, may order the person to pay these assets or a portion thereof to the Office of Indigent Defense of the State of South 3Carolina. 4 (B) A forty dollar application fee for appointed counsel services must be collected from every person who executes an affidavit 5that they are financially unable to employ counsel. The person may apply to the court, the clerk of court, or other appropriate 6official for a waiver or reduction in the application fee. If it is determined that the person is unable to pay the application fee, the 7fee may be waived or reduced, provided that if the fee is waived or reduced, the clerk or appropriate official shall report the amount 8waived or reduced to the trial judge and the trial judge shall order the remainder of the fee paid during probation if the person is 9granted probation or by a time payment method if probation is not granted or appropriate. The clerk of court or other appropriate 10official shall collect the application fee imposed by this section and remit the proceeds to the Public Defender Application Fund on 11a monthly basis. The monies must be deposited in an interest-bearing account separate from the general fund and used only to 12provide for indigent defense services. The monies shall be administered by the Office of Indigent Defense. The clerk of court or 13other appropriate official shall maintain a record of all persons applying for representation and the disposition of the application 14and shall provide this information to the Office of Indigent Defense on a monthly basis as well as reporting the amount of funds 15collected or waived. 16 (C) In matters in which a juvenile is brought before a court, the parents or legal guardian of such juvenile shall execute the 17above affidavit based upon their financial status and shall be responsible for paying any fee. In juvenile matters, the parents or 18legal guardians of said juvenile, shall be advised in writing of this requirement at the earliest stage of the proceedings against said 19juvenile. 20 (D) Nothing contained above shall restrict or hinder a court from appointing counsel in any emergency proceedings or where 21existing statutes do not provide sufficient time for an individual to complete the application process. 22 (E) The appointment of counsel, as herein before provided, creates a claim against the assets and estate of the person who is 23provided counsel or the parents or legal guardians of a juvenile in an amount equal to the costs of representation as determined by a 24voucher submitted by the appointed counsel and approved by the court, less that amount that the person pays to the appointed 25counsel or defender corporation of the county or counties wherein he is being represented or to the Office of Indigent Defense as 26provided for above. 27 (F) Such claim shall be filed in the office of the clerk of court in the county where the person is assigned counsel, but the filing 28of a claim shall not constitute a lien against real or personal property of the person unless, in the discretion of the court, part or all 29of such claim is reduced to judgment by appropriate order of the court, after serving the person with at least thirty days’ notice that 30judgment will be entered. When a claim is reduced to judgment, it shall have the same effect as judgments, except as modified by 31this chapter. 32 (G) The court may, in its discretion, order any claim or judgment waived, modified or withdrawn. 33 35.13. (INDEF: Public Defender Fee) Every person placed on probation on or after July 1, 2003, who was represented by a 34public defender or appointed counsel, shall be assessed a fee of five hundred dollars. The revenue generated from this fee must be 35collected by the clerk of court and sent on a monthly basis to the Office of Indigent Defense to be divided between the Conflict 36Fund and the Defense of Indigents/Per Capita Fund administered by that office. However, if a defendant fails to pay this fee, this 1 PAGE 209 2 1failure alone is not sufficient basis for incarceration for a probation violation. This assessment shall be collected and paid over 2before any other fees. Provided, however, in those counties which contract with appointed counsel for the defense of indigents 3other than the public defender, one-half of the fee collected may be remitted by the Clerk of Court to the county which contracts 4for payment for these services. 5 35.14. (INDEF: Office of Indigent Defense Study Committee) A study committee to develop a formula for the best 6disbursement of public defender distributions is established to review the current distribution methods and make recommendations 7for future public defender funds. The study committee shall be composed of three members appointed by the Chairman of the 8Commission on Indigent Defense, one of whom must not be the chairman of said commission, and three members from Public 9Defenders Offices in selected counties, also appointed by the Chairman of the Commission on Indigent Defense. Members of the 10study committee shall serve without compensation. Personnel of the Office of Indigent Defense shall serve as staff and advisors to 11the committee. 12 Findings and recommendations shall be reported to the General Assembly by September 1, 2006. When calculating their 13funding method the committee may use any formula they deem best, but at least one formula model must include recommendations 14with violent crime rates and a poverty factor. Upon submission of the report, the committee shall be dissolved. 15 16SECTION 36 - K05 - DEPARTMENT OF PUBLIC SAFETY 17 18 36.1. (DPS: Special Events Traffic Control) The highway patrol must not charge any fee associated with special events for 19maintaining traffic control and ensuring safety on South Carolina public roads and highways unless approved by the General 20Assembly. Nothing shall prohibit the Treasury of the State from accepting voluntary payment of fees from private or public 21entities to defray the actual expenses incurred for services provided by the Department of Public Safety. 22 36.2. (DPS: Miscellaneous Revenue) Notwithstanding any other provisions of law, revenue Revenue received from the sale of 23meals to employees and students attending non-mandated, advanced, or specialized training courses, sale of student locks and 24materials, sale of legal manuals and other publications, postal reimbursement, photo copying, electronic data from traffic 25collisions, sale of miscellaneous refuse and recyclable materials, insurance claim receipts, tuition from non-mandated, advanced, or 26specialized courses, coin operated telephones, revenue from E-911 and Coroner training, revenue from psychological screening, 27private college tuition, and revenue from canteen operations and building management services, revenue from regional and 28national marketing of the “Crime-to-Court” and other Department of Public Safety training series shall be retained by the 29department and expended in budgeted operations for food services, expansion of the department’s distance learning programs, 30professional training, fees and dues, clothing allowance, and other related services or programs as the Director of the Department 31of Public Safety may deem necessary. 32 The Department of Public Safety shall report annually to the General Assembly the amount of miscellaneous revenue retained 33and carried forward. 34 36.3. (DPS: Federal, Other Flow Through Funds) In order to complete projects begun in a prior fiscal year, the Department of 35Public Safety is authorized to expend federal and earmarked funds in the current fiscal year for expenditures incurred in the prior 36fiscal year. 1 PAGE 210 2 1 36.4. (DPS: License Fees) Notwithstanding any provision of Title 56 of the 1976 Code relating to the disposition of revenues, 2all revenues derived under Title 56 credited to the Department of Public Safety must be credited to the General Fund of the State, 3except for those fees collected to recover the costs of the production, purchase, handling and mailing of documents, publications, 4records, and data sets, those fees collected under Sections 56-5-2951 and 56-1-286 for supplying and maintaining video cameras in 5law enforcement vehicles used for traffic enforcement and the issuance of the alcohol restricted license, those fees designated 6under Section 56-1-1320 to be used by the department to hire, train, and equip members of the highway patrol and state transport 7police, and the revenues of fees imposed pursuant to Sections 56-1-170, 56-1-286, 56-1-390, 56-1-740, 56-1-745, 56-1-746, 856-5-750, 56-5-2951, 56-9-430, 56-10-260, and 56-10-270, but only the revenues of that portion of these fees that represents 9increases in the rate of these fees over rates in effect June 30, 2001, to be used by the department to defray the expenses of the 10Department of Motor Vehicles. 11 36.5. (DPS: Motor Carrier Registration Fees) Notwithstanding any other provisions of law, enforcement by the State Transport 12Police Division of the department, of Articles 3 and 5, of Chapter 23 of Title 58 of the 1976 Code, shall be funded from the motor 13carrier registration fees collected by the Department of Motor Vehicles that previously were collected by the Public Service 14Commission and the Department of Public Safety. Additionally, the State Transport Police is authorized to expend the motor 15carrier registration fees to build or renovate weigh stations. All unexpended funds from prior years collected under this proviso 16may be retained and carried forward by the department for the same purposes. 17 36.6. (DPS: Witness Fee) The Department of Public Safety is hereby authorized to charge a witness fee of $130.00 per hour, up 18to $1,000 per day for each trooper trained in Advanced Accident Investigation testifying in civil matters which do not involve the 19State as a party in interest. This fee shall be charged in addition to any court prescribed payment due as compensation or 20reimbursement for judicial appearances and deposited into a designated revenue account. The department is authorized to receive, 21expend, retain, and carry forward these funds. 22 36.7. (DPS: Commissioned Officers’ Physicals) The department is authorized to pay for the cost of physical examinations for 23department personnel who are required to receive such physical examinations prior to or after receiving a law enforcement 24commission. 25 36.8. (DPS: Retention of Emergency Expenditure Refunds) The Department of Public Safety is authorized to collect, expend, 26retain, and carry forward all funds received from other state or federal agencies in the current fiscal year as reimbursement of 27expenditures incurred in the current or prior fiscal year when personnel and equipment are mobilized and expenses incurred due to 28an emergency. 29 36.9. (DPS: Retention of Private Detective Fees) The Department of Public Safety is hereby authorized to receive, expend, 30retain, and carry forward all funds transmitted from SLED related to fees charged and collected by SLED from license and 31registration fees for private detective businesses, private security businesses, including employees of these businesses, and 32companies which provide private security on their own premises. The funds transferred are to be used in the Bureau of Protective 33Services Program to provide security for state agencies and the Capitol Complex. 34 36.10. (DPS: Meals in Emergency Operations) The Department of Public Safety may provide meals to employees of the 35department who are not permitted to leave assigned duty stations and are required to work during deployment, emergency 36simulation exercises and when the Governor declares a state of emergency. 1 PAGE 211 2 1 36.11. (DPS: School Zone Safety Week) From the funds appropriated to the department, the Department of Public Safety is 2directed to designate a week each year in every county as South Carolina School Zone Safety Week. This week must correspond 3with the school start date for that county. The department shall work to organize and engage state law enforcement officials and 4schools in activities that promote safety in school zones during the above named week. The department shall provide suitable 5materials and other aids for use in the observance of the week. In January of each year, the department shall provide a report to the 6Governor, the Speaker of the House, and the President Pro Tempore of the Senate, regarding the school zone safety activities the 7department has helped to organize. 8 36.12. (DPS: Inmate Release) The Department of Public Safety is directed to utilize the funds appropriated to the department to 9positively ascertain the identity of any individuals arrested under Section 20-7-8920 or Section 20-7-8925 of the 1976 Code, before 10that individual is released from custody. 11 36.13. (DPS: Motor Carrier Advisory Committee) From the funds appropriated and/or authorized to the Department of Public 12Safety and the Department of Motor Vehicles, the departments are directed to jointly establish a Motor Carrier Advisory 13Committee to solicit input from the Trucking Industry and other interested parties in developing policies and procedures for the 14regulation of this industry. The members of the advisory committee shall serve without compensation. 15 36.14. (DPS: Law Enforcement Subsistence) The provisions of Section 56-19-420(B)(1) of the 1976 Code are suspended for 16the current fiscal year and instead of the allocation provided pursuant to that subitem, the first one million dollars must be 17deposited into the State General Fund and used to increase the subsistence allowance for law enforcement officers. For the current 18year the subsistence deduction allowed pursuant to Section 12-6-1140(6) of the 1976 Code is increased to eight dollars for each 19regular work day. 20 36.15. (DPS: Sale of Real Property) At such time as any portion of the Laurens Road property in Greenville is declared to be 21surplus by the agency or agencies which occupy said portion, and after receiving approval from the Budget and Control Board for 22the sale of the property, the Department of Public Safety, the Department of Transportation, and the Department of Motor Vehicles 23are authorized to receive, retain, expend, and carry forward funds derived from the sale of the real property in which each agency 24holds an interest or title. No portion of the property may be declared as surplus by one agency if another agency is occupying said 25property. The Department of Public Safety is directed to use these funds to defray the operating expenses of the Highway Patrol 26and the Department of Transportation and the Department of Motor Vehicles are directed to use their portion of these funds for 27department operating expenses. 28 36.16. (DPS: Building Fund Flexibility) For the current fiscal year, all monies collected in the Department of Public Safety 29Building Fund, Subfund 3324, that exceed the annual bond payment and the amount needed for building repair must be utilized by 30the department to support the Highway Patrol. 31 36.17. (DPS: Yearly Financial Audit) Notwithstanding any other provision of law, the Department of Public Safety may have 32an Agreed Upon Procedures audit in lieu of having audited financial statements. This audit shall be in coordination with the State 33Auditor’s Office and will be in accordance with generally accepted accounting principles and must comprise all financial records 34and controls. This audit must be completed by November 1 following the close of the fiscal year. 35 36.18. (DPS: CMV Driver Rest Areas) A joint working group is to be established between the Department of Transportation, 36Department of Public Safety, State Transport Police and the South Carolina Trucking Association to review and evaluate where 1 PAGE 212 2 1critical rest areas may be made available for commercial motor vehicle drivers to park and obtain their federally mandated required 2rest. 3 36.19. (DPS: Hunley Security) From the funds appropriated to the Department of Public Safety, the department is directed to 4assign two law enforcement officers to provide security services for the H.L. Hunley at the Warren Lasch Laboratory in 5Charleston. 6 36.20. (DPS: SC Law Enforcement Officers Hall of Fame) The Department of Public Safety is hereby authorized to retain all 7revenue received in court fines, pursuant to Sections 14-1-206(3), 14-1-207(3), and 14-1-208(3) of the 1976 Code, for the purpose 8of defraying the costs of maintaining and operating the Hall of Fame. The department may retain the surplus for the same purpose 9and is authorized to carry forward and expend such funds. 10 11SECTION 36A - R40 - DEPARTMENT OF MOTOR VEHICLES 12 13 36A.1. (DMV: Miscellaneous Revenue) Notwithstanding any other provisions of law, revenue received from the sale of legal 14manuals and other publications, postal reimbursement, third party commercial driver license testing, photo copying, sale of 15miscellaneous refuse and recyclable materials, insurance claim receipts, and tuition from non-mandated, advanced, or specialized 16courses shall be retained by the department and expended in budgeted operations and other related services or programs as the 17Director of the Department of Motor Vehicles may deem necessary. The Department of Motor Vehicles shall report annually to 18the General Assembly the amount of miscellaneous revenue retained and carried forward. 19 36A.2. (DMV: Federal, Other Flow Through Funds) In order to complete projects begun in a prior fiscal year, the Department 20of Motor Vehicles is authorized to expend federal and earmarked funds in the current fiscal year for expenditures incurred in the 21prior fiscal year. 22 36A.3. (DMV: Publish County DMV Local Telephone Number) From the funds appropriated in Part IA, Section 36A to the 23Department of Motor Vehicles, it is the intent of the General Assembly that the Department of Motor Vehicles in each county 24should have a local telephone number that is published. 25 36A.4. (DMV: Cost Recovery Fee/Sale of Photos or Digitized Images) The Department of Motor Vehicles may collect 26processing fees and fees to recover the costs of the production, purchase, handling and mailing of documents, publications, records 27and data sets. The amount charged by the Department of Motor Vehicles for any fees collected pursuant to this proviso may not 28exceed the rates that the department charged as of February 1, 2001. The Department of Motor Vehicles may not sell, provide or 29otherwise furnish to private parties, copies of photographs, whether digitized or not, taken for the purpose of a driver’s license or 30personal identification card. Photographs and digitized images from a driver’s license or personal identification card are not 31considered public records. Funds derived from these sources shall be retained by the department. 32 36A.5. (DMV: License Fees) Notwithstanding any provision of Title 56 of the 1976 Code relating to the disposition of 33revenues, all revenues derived under Title 56 credited to the Department of Motor Vehicles must be credited to the General Fund 34of the State, except for those Fees collected under Sections 56 - 5 - 2951 and 56 - 1 - 286 for supplying and maintaining video cameras 35in law enforcement vehicles used for traffic enforcement and the issuance of the alcohol restricted license, and those fees 36 designated under Section 56 - 1 - 1320 to be used by the Department of Public Safety to hire, train, and equip members of the 1 PAGE 213 2 1highway patrol and state transport police, shall be transferred to the Department of Public Safety. All fees collected to recover the 2costs of the production, purchase, handling and mailing of documents, publications, records, and data sets, those fees collected 3under Sections 56-5-2951 and 56-1-286 for supplying and maintaining video cameras in law enforcement vehicles used for traffic 4enforcement and the issuance of the alcohol restricted license, those fees designated under Section 56-1-1320 to be used by the 5Department of Public Safety to hire, train, and equip members of the highway patrol and state transport police, and the revenues of 6fees imposed pursuant to Sections 56-1-170, 56-1-286, 56-1-390, 56-1-740, 56-1-745, 56-1-746, 56-5-750, 56-5-2951, 56-9-430, 756-10-260, and 56-10-270, but only the revenues of that portion of these fees that represents increases in the rate of these fees over 8rates in effect June 30, 2001, shall be transferred to the Department of Motor Vehicles to be used by the department to defray the 9expenses of the Department of Motor Vehicles. 10 36A.6. (DMV: Expedited Documents and Records Upon Request) The Department of Motor Vehicles may collect a surcharge, 11not to exceed $20 per document, in addition to normal fees to expedite requests for copies of documents and records at the option 12of the requesting party. Requested documents or records will be available within 72 hours of receipt of the expedited request. 13Normal document and record processing time will be not more than 30 days. Funds derived from these sources shall be retained 14by the department. Nothing in this section may be construed as circumventing the requirements of Section 30-4-30 of the Freedom 15of Information Act for documents requested pursuant to Section 30-4-30. 16 36A.7. (DMV: Vehicle License Tax Year) From funds allocated for other operating expenses in program II. D. Technology and 17Program Development, the department shall allocate sufficient funds to implement necessary accounting and computer operating 18system changes to ensure that after the transfer of a license tag to a vehicle, before any subsequent transfer of a license tag to that 19same vehicle is processed, the department shall require a paid tax receipt, based upon the value of the vehicle to which the license 20tag is being transferred, for the remaining months of the tax year of the license tag being transferred. This requirement shall only 21apply if the owner requesting the transfer has previously transferred a tag to the same vehicle. Should the vehicle from which the 22tag was transferred be re-registered, the registration cycle for that vehicle shall begin in the month that the new tag is issued. This 23provision shall take effect January 1, 2006. 24 36A.8. (DMV: Validation Stickers) Annual license tag validation stickers which are issued for non-permanent tags on certified, 25public law enforcement vehicles shall be issued without charge by the Department of Motor Vehicles. 26 36A.9. (DMV: DPPA Compliance Audit) The Department of Motor Vehicles may charge fees to defray the costs associated 27with auditing and enforcing compliance of all Federal or State statutes and regulations pertaining to personal information for 28customers receiving information disseminated by the department as allowed by law. This provision does not pertain to state 29agencies. The Comptroller General shall place the funds into a special restricted account to be used by the department. 30 36A.10. (DMV: DMV Transaction Fee) The Department of Motor Vehicles is authorized to collect a transaction fee from 31commercial third parties who either transmit or retrieve data from the DMV. The fee cannot exceed five dollars per transaction 32and must be mutually agreed to by all parties. These fees are to be retained by the division and placed in a special restricted 33interest-bearing account to be used by the division to defray the costs associated with the maintenance and operation of the 34division’s information and technology system. 35 36A.11. (DMV: CDL Skills Test Fee) The commercial driver’s license skills test shall be administered to an individual free of 36charge one time, thereafter the Department of Motor Vehicles is authorized to charge a fee of twenty-five dollars for each 1 PAGE 214 2 1commercial driver’s license skills test administered by the department. State agency and school district employees who are 2required to possess a commercial driver’s license in the course of their normal job duties are exempt from this requirement. This 3fee must be deposited into a special earmarked account by the State Treasurer to be used by the Department of Motor Vehicles. 4 36A.12. (DMV: Motor Carrier Registration Fees) Notwithstanding any other provisions of law, administration of Articles 3 and 55, of Chapter 23 of Title 58, shall be funded from the motor carrier registration fees collected by the department that previously 6were collected by the Public Service Commission. All unexpended funds from prior years collected under this proviso may be 7retained and carried forward by the department for the same purposes. 8 36A.13. (DMV: Motor Carrier Advisory Committee) From the funds appropriated and/or authorized to the Department of 9Motor Vehicles, the department is directed to establish a Motor Carrier Advisory Committee to solicit input from the Trucking 10Industry and other interested parties in developing policies and procedures for the regulation of this industry. The members of the 11advisory committee shall serve without compensation. 12 36A.14. (DMV: License Tag Transfer Fee) For the current fiscal year, the Department of Motor Vehicles is authorized to 13charge a fee of ten dollars for the transfer of a license plate from one vehicle to another vehicle owned or leased by the same 14person. Of this fee, three dollars must be credited to the State General Fund. The remainder must be placed into a special 15earmarked account by the State Treasurer to be used by the Department of Motor Vehicles. 16 36A.15. (DMV: Underutilized Offices) The Director of the Department of Motor Vehicles is authorized to develop and 17implement a plan to reduce the hours of operation in underutilized DMV field offices. 18 36A.16. (DMV: Duplicate License Fee) For Fiscal Year 2006-07 the current fiscal year, the Department of Motor Vehicles is 19authorized to increase the Duplicate License Fee from three to ten dollars. This incremental increase of seven dollars must be 20deposited into a special earmarked account by the State Treasurer to be used by the Department of Motor Vehicles. 21 36A.17. (DMV: Personalized License Plates) Notwithstanding the provisions of Section 56-3-2010(B) of the 1976 Code, as 22amended, every personalized license plate issued to members of the General Assembly and members of the licensed state or federal 23commissions and boards expires January thirty-first each year. 24 25SECTION 36B -N20 - LAW ENFORCEMENT TRAINING COUNCIL 26 27 36B.1. (LETC: CJA-Federal, Other Flow Through Funds) In order to complete projects begun in a prior fiscal year, the Law 28Enforcement Training Council, Criminal Justice Academy is authorized to expend federal and earmarked funds in the current 29 fiscal year for expenditures incurred in the prior fiscal year . 30 36B.2. (LETC: CJA-Retention of Emergency Expenditure Refunds) The Law Enforcement Training Council, Criminal Justice 31 Academy is authorized to collect, exp end, retain, and carry forward all funds received from other state or federal agencies in the 32current fiscal year as reimbursement of expenditures incurred in the current or prior fiscal year when personnel and equipment 33are mobilized and expenses incurred due to an emergency. 34 36B.3. (LETC: CJA-Miscellaneous Revenue) Notwithstanding any other provisions of law, revenue received from the sale of 35meals to employees and students attending non-mandated, advanced, or specialized training courses, sale of student locks and 36materials, sale of legal manuals and other publications, postal reimbursement, photo copying, sale of miscellaneous refuse and 1 PAGE 215 2 1recyclable materials, tuition from non-mandated, advanced, or specialized courses, coin operated telephones, revenue from E-911 2and Coroner training, private college tuition, and revenue from canteen operations and building management services, revenue 3from “Crime-to-Court” and other Criminal Justice Academy training series shall be retained by the Academy and expended in 4budgeted operations for food services, expansion of the department’s distance learning programs, professional training, fees and 5dues, clothing allowance and other related services or programs as the Director of the Criminal Justice Academy may deem 6necessary. The Law Enforcement Training Council, Criminal Justice Academy shall report annually to the General Assembly the 7amount of miscellaneous revenue retained and carried forward. 8 9SECTION 37 - N04 - DEPARTMENT OF CORRECTIONS 10 11 37.1. (CORR: Clothes/Transportation Upon Discharge) Whenever an inmate shall be discharged from the Department of 12Corrections, the department shall furnish such inmate with a suit of common clothes, if deemed necessary, and transportation from 13the Department of Corrections to his home, if his home is located within this State. If his home is not located in South Carolina, 14the Department of Corrections has the discretion of providing transportation to the inmate’s home state, or to the county from 15which he was sentenced. 16 37.2. (CORR: Farm Program) Notwithstanding any provision of law to the contrary, the proceeds from the sale of all excess 17agricultural products produced by the Farm Program of the South Carolina Department of Corrections shall be retained by that 18agency to be utilized in the expansion and modernization of the program or at the discretion of the director, for projects or services 19benefiting the general welfare of the inmate population. 20 37.3. (CORR: Sale of Products) In addition to sales currently authorized by statute, all articles or products produced by the 21Department of Corrections may be sold on the open market; those articles or products not provided for by statute, are sold and 22distributed through wholesalers and jobbers within this State. 23 37.4. (CORR: Canteen Operations) Revenue derived wholly from the canteen operations within the Department of Corrections 24on behalf of the inmate population, may be retained and expended by the department for the continuation of the operation of said 25canteens and the welfare of the inmate population. The canteen operation is to be treated as an enterprise fund within the 26Department of Corrections and is not to be subsidized by state appropriated funds. 27 37.5. (CORR: Contract for Services) Upon initiation by the South Carolina Department of Corrections, and upon prior approval 28by the Budget and Control Board, the Department of Corrections may contract for any and all services, but such services must (1) 29demonstrate reasonably comparable, cost-effectiveness to traditional methods of construction, (2) result in long-term operational 30cost-savings, (3) result in the provision of a new facility of sufficient bed, program, and support space more expeditiously than 31traditional methods, and (4) be subject to the year-to-year appropriation process of the General Assembly and state procurement 32procedures. 33 37.6. (CORR: E.H. Cooper Trust Fund) Any unclaimed funds remaining in any inmate account, after appropriate and necessary 34steps are taken to determine and contact a rightful owner of such funds, shall be deposited into the Inmate Welfare Fund. 1 PAGE 216 2 1 37.7. (CORR: Instructional Salaries) The certified instructional personnel of the Department of Corrections shall receive a 2percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the instructional personnel 3throughout the State. 4 37.8. (CORR: Funding Through State Criminal Assistance Program) All funds received by the State from the United States 5Department of Justice, State Criminal Alien Assistance Program, for care and custody of illegal aliens housed in the state 6correctional facilities shall be retained by the South Carolina Department of Corrections to offset incurred expenses. 7 37.9. (CORR: Surplus Farm Produce) The Department of Corrections shall be authorized to sell surplus farm produce, with any 8funds generated to be utilized by the department to offset costs of the farming operation or at the discretion of the director, for 9projects or services benefiting the general welfare of the inmate population. 10 37.10. (CORR: Remedial Education Funding) A criminal offender committed to the custody of the Department of Corrections, 11who has been evaluated to function at less than an eighth grade educational level, or less than the equivalent of an eighth grade 12educational level, may be required by department officials to enroll and actively participate in academic education programs. 13Funds appropriated to the Department of Corrections for educational programs shall be prioritized to assure such remedial services 14are provided. 15 37.11. (CORR: Tire Retreading Program Restriction) The tire retreading program at the Lieber Correctional Institution shall be 16limited to the marketing and sale of retreads to state governmental entities. 17 37.12. (CORR: Social Security Administration Funding) All funds received by the S.C. Department of Corrections from the 18Social Security Administration under Section 1611 (e)(1)(I) of the Social Security Act, which provides payment for information 19regarding incarcerated Social Security Insurance recipients, shall be retained by the S.C. Department of Corrections and credited to 20a fund entitled “Special Social Security” for the care and custody of inmates housed in the state correctional facilities. 21 37.13. (CORR: Reward for Information) Notwithstanding any other provision of law, the Director of the Department of 22Corrections may award up to two thousand dollars ($2,000) for information leading to the capture of each escaped convict. Funds 23to support such awards shall be generated from monies or things of value used as money found in the unlawful possession of a 24prisoner and confiscated as contraband by the Department of Corrections. 25 37.14. (CORR: Sale of Timber) Notwithstanding any other provision of law the Department of Corrections is hereby authorized 26to sell mature trees and other timber suitable for commercial purposes from lands owned by the Department of Corrections. Prior 27to such sales, the director shall consult with the State Forester to determine the economic and environmental feasibility of and 28obtain approval for such sales. Funds derived from timber sales shall be utilized by the Department of Corrections to maintain and 29expand the agricultural program, subject to the approval of the Budget and Control Board or at the discretion of the director, for 30projects or services benefiting the general welfare of the inmate population. 31 37.15. (CORR: Medical Expenses) The Department of Corrections shall be authorized to charge inmates a nominal fee for any 32medical treatment or consultation provided at the request of or initiated by the inmate. A nominal co-pay shall be charged for 33prescribed medications. Inmates shall not be charged for psychological or mental health visits. 34 37.16. (CORR: Prison Industry Funds) The Director of the Department of Corrections, at his discretion, is hereby authorized to 35utilize prison industry funds for projects or services benefiting the general welfare of the inmate population. 1 PAGE 217 2 1 37.17. (CORR: Sale of Horticultural Products) Notwithstanding any other provisions of law, the proceeds from the sale of 2horticultural products by the Department of Corrections shall be retained by the agency to fund services benefiting the general 3welfare of all inmates. 4 37.18. (CORR: Victim Assistance Wage Deductions) Notwithstanding any other provisions of law, of monies generated by 5inmates engaged in work at paid employment in the community, the Director of the Department of Corrections shall deduct the 6following from the gross wages of the prisoner: 7 (a) ten percent must be placed on deposit with the State Treasurer for credit to a special account to support victim assistance 8programs established pursuant to the “Victims of Crime Act of 1984”, Public Law 98-473, Title II, Chapter XIV, Section 1404; 9and 10 (b)ten percent must be retained by the department to support services provided by the department to victims of the 11incarcerated population. At the close of the fiscal year, any excess funds not expended by the department to support victim 12services shall revert to the victim assistance programs account as described in paragraph (a) and as mandated in S.C. Code Section 1324-3-40(A)(2). The department is directed to provide an accounting to the Senate Finance Committee and Ways and Means 14Committee of how the retained funds were expended and the services that were provided by September 1 each year. 15 Such deductions shall apply only if restitution to a particular victim or victims has not been ordered by the court or if 16court-ordered restitution to a particular victim or victims has been satisfied. Otherwise restitution must be satisfied before any 17deductions for victim assistance programs are incurred. 18 37.19. (CORR: Reimbursement for Expenditures) The Department of Corrections may retain for general operating purposes 19any reimbursement of funds for expenses incurred in a prior fiscal year. 20 37.20. (CORR: Sale of Real Property) Funds generated from the sale of real property owned by the Department of Corrections 21shall be retained by the department to offset renovation and maintenance capital expenditures. 22 37.21. (CORR: Prison Industry Service Contracts) The Director of the Department of Corrections may enter into contracts with 23private sector entities that would allow for inmate labor to be provided for prison industry service work and work that involves 24exportation of products. The use of such inmate labor may not result in the displacement of employed workers within the local 25region in which work is being performed. Service work is defined as any work such as repair, replacement of original 26manufactured items, packaging, sorting, recycling, labeling, or similar work that is not original equipment manufacturing. Export 27work is defined as any work that results in a product that is exported for sale outside the United States that is not involved in 28interstate commerce. The department may negotiate the wage to be paid for inmate labor provided under prison industry service 29work contracts, and such wages may be less than the prevailing wage for work of a similar nature in the private sector. Provided, 30however, that the Director of the Department of Corrections shall deduct the following from the gross earnings of the inmates 31engaged in Prison Industry service work. (1) If restitution to a particular victim or victims has been court ordered by the court, 32then twenty percent (20%) must be used to fulfill the restitution obligation. If restitution to a particular victim or victims has not 33been ordered by the court, or if court-ordered restitution to a particular victim or victims has been satisfied, then the ten percent 34(10%) must be applied to the South Carolina Victims’ Compensation Fund. (2) Ten percent (10%) must be retained by the 35Department of Corrections to defray the cost of the inmate’s room and board. 1 PAGE 218 2 1 The Department of Corrections, in conjunction with the Department of Commerce, shall develop and maintain a marketing plan 2to attract private sector businesses for the employment of inmates through the prison industries program. The marketing plan must 3include, but not be limited to, provisions of public advertising to establish a prison based industry and a certification by the 4Department of Commerce that each new contract does not create an unfair competitive wage disadvantage to the local economy. 5The negotiation of new contracts and the renewal of existing contracts with private sector entities must be consummated in 6accordance with procedures established jointly by the Department of Commerce and the Department of Corrections. The 7procedures shall be drafted to ensure fairness and consistency in establishing contracts with private sector entities seeking to 8establish or continue prison based operations whenever the wage to be paid is less than the Federally established minimum wage. 9The marketing plan and the procedures for negotiating new contracts and contract renewals must be submitted to and approved by 10the Budget and Control Board prior to implementation. The Department of Corrections shall annually submit an audit report of the 11program to the Senate Corrections and Penology Committee and the House Medical, Military, Public and Municipal Affairs 12Committee. The provisions of the section shall not be construed to apply to traditional prison industries as authorized in Section 1324-3-320 of the 1976 Code. 14 37.22. (CORR: Correctional Officer Retention Incentives) In order to positively impact the retention of qualified correctional 15officers, and notwithstanding any provision of law to the contrary, the Director of the Department of Corrections is authorized to 16expend nonappropriated funds for the purpose of providing certain services to correctional officers at no cost or at a reduced cost. 17These services may include, but are not limited to, the provision of haircuts, the cleaning of agency uniforms, and other matters 18that relate directly to job requirements for correctional officers. These services may be provided by inmates incarcerated within the 19Department of Corrections. The price for such services, if any, shall be determined by the Director of the Department of 20Corrections. Any funds generated by such activities may be retained by the Department of Corrections and applied to costs 21associated with the operation of correctional officer retention incentives. 22 37.23. (CORR: Major Renovations and Repairs) The Department of Corrections may utilize any existing bond funds approved 23by the 1997 Bond Act for the construction of new beds and particularly those currently designated for construction of beds at 24MacDougall Correctional Institution and maximum security beds at Kirkland Correctional Institution, for major renovations and 25repairs and/or the construction of new beds as the budget and inmate population dictate. 26 37.24. (CORR: Funds From Developmentally Disabled Inmates Services) Monies generated by inmates engaged in the cleaning 27and waxing of private vehicles, or any other adult work activity center, shall be placed in a special account and utilized for services 28for developmentally disabled inmates. 29 37.25. (CORR: Release of Inmates) The Director of the Department of Corrections and other persons having charge of 30prisoners who are required to serve a period of six months or more, shall may release such prisoners on the first day of the month in 31which their sentences expire, and if the first day of the month falls on a Saturday, Sunday, or a legal holiday, such prisoners may be 32released on the last weekday prior to the first of the month which is not a holiday, Saturday or Sunday. 33 37.26. (CORR: Western Union Funding) All funds received by the S.C. Department of Corrections from the Western Union 34Quick Collect Revenue Sharing Program or similar private sector entities, which provides payment for processing electronic 35transfers into the E. H. Cooper Trust Fund, shall be retained by the S.C. Department of Corrections and credited to a fund entitled 36“Inmate Welfare Fund” to be expended for the benefit of the inmate population. 1 PAGE 219 2 1 37.27. (CORR: Monitoring Fees) The Department of Corrections is authorized to charge an inmate who participates in 2community programs a reasonable fee for the cost of supplying electronic and telephonic monitoring. The fees charged may not 3exceed the actual cost of the monitoring. 4 37.28. (CORR: Dairy Processing Operation Expansion) Subject to the review of the Joint Bond Review Committee and 5approval of the Budget and Control Board, the Department of Corrections is authorized to borrow an amount not to exceed 6$6,000,000 for the purpose of constructing and equipping a new Dairy Processing Operation to be located at its Wateree River 7Farm facility. The State Treasurer is authorized to negotiate the terms and conditions of a loan, revenue bond, or other financing 8arrangement, the indebtedness for which must be repaid exclusively from either net revenues derived from operations of the new 9Dairy Processing Operation or other Department of Corrections funds. 10 37.29. (CORR: Inmate Insurance Policies) The Department of Corrections may collect and record private health insurance 11information from incarcerated individuals. The department may file against any private insurance policy covering an inmate to 12recoup any health care expenditures covered by the policy. Health care will be provided in accordance with law and standards 13regardless of whether or not an inmate is covered by insurance. 14 37.30. (CORR: Work Release Transportation Fee) The South Carolina Department of Corrections is authorized to charge a 15$1.00 per-day transportation fee to participants in the work release program only when such transportation is provided by the 16department. Monies collected shall be credited to the South Carolina Department of Corrections, and utilized solely to fund 17transportation of work release participants and vehicle replacement for the work release program. 18 37.31. (CORR: Stevenson Correctional Institution) The Department of Corrections may utilize inmate labor to perform any 19portion of the construction/renovation of a food service facility at the Stevenson Correctional Institution and the relocation of a 96- 20bed housing unit from the former Greenwood work release facility to the Stevenson Correctional Institution. 21 37.32. (CORR: Special Assignment Pay Level 2 & 3 Facilities) Funds appropriated for special assignment pay at the 22Department of Corrections are for the purpose of addressing vacancies and turnover of staff by providing a pay differential for 23certain employees assigned to institutions with a Level II or Level III security designation. The funds are to be used for special 24assignment pay only and may not be transferred to any other program. If the employee leaves one of the qualifying job classes or 25leaves a Level II or Level III institution for a non-Level II or non-Level III facility, they shall no longer be eligible for this special 26assignment pay. Only employees in full-time equivalent positions are eligible for this special assignment pay. 27 The special assignment pay is not a part of the employee’s base salary, but is a percentage thereof, and is to be paid as follows: 28 (A)At Level II institutions: 29 (1) 4% for Correctional Officers including Class Code JD-30 (cadets and Officer I and II positions) and Corporals I and II; 30 (2) 2% for Sergeants and Lieutenants; 31 (3) 1% for Captains and Majors; 32 (4) 2% for Nursing staff; and 33 (5) 2% for Food Service staff. 34 (B) At Level III institutions: 35 (1) 8% for Correctional Officers including Class Code JD-30 (cadets and Officer I and II positions) and Corporals I and II; 36 (2) 3% for Sergeants and Lieutenants; 1 PAGE 220 2 1 (3) 1% for Captains and Majors; 2 (4) 3% for Nursing staff; and 3 (5) 3% for Food Service staff. 4 37.33. (CORR: R&E Units Medical Services) The Department of Corrections is authorized to expend excess funds from the 5Prison Industries Account or the Canteen Account to contract for medical services and/or provide financial incentives to medical 6staff who work within the Reception and Evaluation Units of the department. 7 37.34. (CORR: Death Sentenced Prisoners) Of the funds appropriated for the operation of the Lieber Correctional Institution, 8the department shall dedicate an amount sufficient to assume and maintain physical custody of all prisoners sentenced to death. 9 37.35. (CORR: Inmate Disciplinary Document) DELETED 10 37.36. (CORR: Quota Elimination) Pursuant to Section 24-3-60 of the 1976 Code, upon notification by the county, the 11Department of Corrections shall accept newly sentenced inmates from each local jail and detention center. 12 For sentenced inmates who the county is willing to transport, the department may limit the acceptance at the Kirkland 13Correctional Institution to the hours of 8:00 a.m. to 1:00 p.m., Monday through Friday, excluding holidays, and at the Perry and 14Lieber Correctional Institutions to the hours of 8:00 a.m. to 10:30 a.m., Monday through Friday, excluding holidays. 15 By mutual agreement between the Department of Corrections and a local jail or detention center, the department may establish 16an alternate admissions schedule for receiving inmates at the Reception and Evaluation Center. 17 At the time of transfer of the inmate to the department, the county shall provide the sentencing order, and if available copies of 18medical screening records, booking reports, and other documents to assist the department in its intake processing. Counties that 19have not completed medical screenings at the time of transfer shall not be required to do so. 20 In the event there are inadequate beds within the Reception and Evaluation Center, the Department of Corrections may create a 21“jail” within the Kirkland Correctional Institution using one or more of the available 192-bed housing units to accept newly 22sentenced state inmates who are awaiting R & E processing. The department may operate such “jail,” to the extent feasible, in 23accordance with standards applicable to the local jails. 24 The department shall use the funds appropriated in this Act for “Quota Elimination” to accomplish this initiative and to open a 2596-bed unit at the MacDougall Correctional Institution and the 192-bed housing units at Kirkland Correctional Institution. The 26funds may not be transferred to any other program or used for any other purpose. 27 28SECTION 38 - N08 - DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES 29 30 38.1. (DPPP: Offender-Related Record Information) The department is authorized to collect a fee for providing 31offender-related record information and for providing responses to freedom of information requests. The fee will be based on the 32staff time required to compile the information and the costs of supplies, photocopying and postage. The department must continue 33to remit fee proceeds to the general fund. Fee proceeds in excess of $6,000 may be retained by the department to offset associated 34costs and be carried forward from one fiscal year to another. Further, the department may accept unconditional gifts of money or 35personal property. 1 PAGE 221 2 1 38.2. (DPPP: Sale of Equipment) Notwithstanding any other provision of law, all revenue generated by the Department of 2Probation, Parole and Pardon Services from the sale of various equipment in excess of $575, less the cost of disposition incurred 3by the B&C Board, Division of Operations, may be retained and carried forward into the current fiscal year and expended for the 4purpose of purchasing like items. 5 38.3. (DPPP: Restitution Center Housing and Food) The department may set, with the approval of the Budget and Control 6Board, the per day charge for housing and food based on the offender’s ability to pay so long as the per day charge does not exceed 7the actual costs of those services. This fee is in addition to any supervision fees that may be imposed by the department. The 8revenues generated by this per day charge must be used to offset the cost of operating the restitution centers. 9 38.4. (DPPP: Interstate Compact Application Fee) The department may charge offenders an application fee set by the 10department, not to exceed $100, to offenders applying for transfers out of state under the Interstate Compact Act. The application 11fee shall be retained by the department to offset the cost of the Interstate Compact Act. All unexpended funds at year-end may be 12retained and carried forward by the department to be expended for the same purpose. 13 38.5. (DPPP: Cost of Extradition) The department may charge offenders a fee based on the number of miles and length of time 14required to perform an extradition. The fee is to be used to offset the cost of extradition. All unexpended funds at year-end may be 15retained and carried forward by the department to be expended for the same purpose. 16 38.6. (DPPP: Victim Notification Processing Fee) In addition to any other fee, the department must charge each person 17applying for a pardon a fifty dollar victim notification processing fee. The fee must be retained by the department and applied to 18the department’s pardon process. 19 38.7. (DPPP: GED Learn and Earn Program) From the funds appropriated in Part IA, the department may enter into agreements 20with statewide colleges, technical colleges, and school districts for the purpose of providing GED and GED Prep education to 21offenders. Offenders of the department enrolled in the program must repay the department the cost of the course and materials 22within six months of obtaining their GED. 23 38.8. (DPPP: Offender Polygraph) The department may charge a fee to offenders required to have maintenance polygraphs. 24This fee may not exceed the actual cost of the maintenance polygraph. All unexpended funds at year-end may be retained and 25carried forward by the department to be expended for the same purpose. 26 38.9. (DPPP: Sex Offender Monitoring Carry Forward) The Department of Probation, Parole and Pardon Services is 27authorized to carry forward any unexpended funds in the Sex Offender Monitoring program. These funds must be used for the sex 28 offender monitoring program. For the purpose of calculating the amount of funds which may be carried forward by the 29department, Sex Offender Monitoring program funds carried forward by this provision shall be excluded from the calculation of 30the carry forward authorized by provision elsewhere in this Act. 31 32SECTION 39 - N12 - DEPARTMENT OF JUVENILE JUSTICE 33 34 39.1. (DJJ: Meal Ticket Revenue) The revenue generated from sale of meal tickets by the Department of Juvenile Justice shall 35be retained and carried forward into the current fiscal year by the agency and expended for the operation of the agency’s cafeterias 36and food service programs. 1 PAGE 222 2 1 39.2. (DJJ: Interstate Compact Revenue) The revenue returned to the Interstate Compact Program shall be retained and carried 2forward into the current fiscal year by the agency and expended for the operation of the program. 3 39.3. (DJJ: Educational Funds Audit) Notwithstanding the provisions of the Education Finance Act, the South Carolina 4Department of Juvenile Justice shall have its educational funds audited by the Office of the State Auditor pursuant to a schedule 5established by the State Auditor, and said audit shall be sufficient to satisfy the timetable for audits required in Regulation 43175. 6 39.4. (DJJ: Children’s Projects Revenue) Funds generated from the projects undertaken by children under the supervision of the 7Department of Juvenile Justice may be retained by the department and utilized for the benefit of those children. Such funds may be 8carried forward into the following fiscal year. 9 39.5. (DJJ: Revenues Generated) All revenues generated from USDA federal grants, the Education Finance Act (EFA), the 10Detention Center, and Medicaid federal funding may be retained, carried forward into current fiscal year, and expended by the 11Department of Juvenile Justice, in accordance with applicable regulations, for the costs associated with these programs. 12 39.6. (DJJ: Instructional Salaries) The certified instructional personnel of the Department of Juvenile Justice shall receive a 13percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the instructional personnel 14throughout the State. 15 39.7. (DJJ: Juvenile Justice Parole Board Compensation) The department is authorized to pay the Juvenile Justice Parole Board 16member up to $200 per day for services rendered to the agency in the performance of their official duties. The total amount of 17agency funds which can be utilized in this manner cannot exceed $48,000 per year and is subject to base budget reductions. 18 39.8. (DJJ: Reimbursements for Expenditures) Notwithstanding any other provision of law, the Department of Juvenile Justice 19may retain for general operating purposes any reimbursement of funds for expenses incurred in a prior fiscal year. 20 39.9. (DJJ: Juvenile Arbitration/Community Advocacy Program) The amount appropriated and authorized in this section for 21the Juvenile Arbitration Program shall be retained and expended by the Department of Juvenile Justice for the purpose of providing 22juvenile arbitration services through the sixteen (16) Judicial Circuit Solicitors’ offices in the state and used to fund necessary 23administrative and personnel costs for the programs. 24 The Department of Juvenile Justice shall contract with Solicitors to administer the Juvenile Arbitration Program and disburse up 25to $60,000 per Judicial Circuit based on services rendered. The amount payable to Solicitors may vary based on consistent 26adherence to established statewide program guidelines to assess program performance. 27 The $175,000 $250,000 appropriated for the Community Advocacy Program in the first Judicial Circuit, will be used to fund 28necessary administrative and personnel costs for this status offender diversion program. The Department of Juvenile Justice shall 29monitor and provide support to this program. 30 All unexpended funds may be retained and carried forward from the prior fiscal year to be used for the same purposes. 31 39.10. (DJJ: Sale of Real Property) After receiving approval from the Budget and Control Board for the sale of property, the 32department is authorized to retain revenues associated with the sale of department-owned real property and may expend these 33funds on capital improvements reviewed by the Joint Bond Review Committee and approved by the Budget and Control Board. 34 39.11. (DJJ: Sale of Timber) The Department of Juvenile Justice is hereby authorized to sell mature trees and other timber 35suitable for commercial purposes from lands owned by the department. Prior to such sales, the director shall consult with the State 36Forester to determine economic and environmental feasibility and to obtain approval for such sales. Funds derived from timber 1 PAGE 223 2 1sales shall be retained and utilized for family support services after setting aside a reasonable amount, as determined by the State 2Forester, for reforestation of the lands from which the trees and timber are sold. 3 39.12. (DJJ: Good Behavior Incentive) A child committed to the Department of Juvenile Justice for a determinate period 4pursuant to Section 20-7-7810 may be released by the department prior to the expiration of the determinate period for “good 5behavior” as determined by the department, after having served at least two-thirds of the time ordered by the court. The court, in 6its discretion, may include language in the order indicating that the child is not to be released prior to the expiration of the 7determinate period ordered by the court. 8 39.13. (DJJ: Drug Free Workplace) The critical mission of the Department of Juvenile Justice requires a safe and drug free 9work environment. In order to accomplish this, the department may conduct and pay for the cost of pre-employment drug testing 10and random employee drug testing. The department is authorized to expend funds in order to provide or procure these services. 11 39.14. (DJJ: Definition of Juveniles) The Department of Juvenile Justice is authorized to place juveniles in marine and 12wilderness programs or other community residence programs operated by non-governmental entities. Juveniles receiving services 13in these community residence programs must either be referred to such a program by the Family Court as a condition of probation, 14released to such a program by the Board of Juvenile Parole, or voluntarily agree to be assigned and released to such a program by 15the Department of Juvenile Justice. 16 39.15. (DJJ: Adult Education - GED) Juveniles committed to the Department of Juvenile Justice who have been enrolled in, but 17not yet completed, a GED educational program while at the department, at the discretion of the local school district, upon release 18from the department shall be allowed to enroll in either the juvenile’s local school district’s regular education program, in their 19appropriate grade placement, or allowed to enroll in that district’s or county’s adult education program. If enrolled in an adult 20education program, the juvenile’s eligibility for taking the GED shall be based upon the regulations promulgated by the 21Department of Education for youth who are confined in, or under the custody of, the Department of Juvenile Justice. 22 39.16. (DJJ: Credit for Pre-Dispositional Secure Confinement) Juveniles detained in any temporary holding facility or juvenile 23detention center or who are temporarily committed for evaluation to a Department of Juvenile Justice evaluation center, for the 24offense for which they are subsequently committed by the Family Court to the custody of the Department of Juvenile Justice, shall 25receive credit toward their parole guidelines, if indeterminately sentenced, and credit toward their date of release, if determinately 26sentenced, for each day they are detained in or temporarily committed to any secure pre-dispositional facility, center, or program. 27 39.17. (DJJ: Twelve-Month Funding) Notwithstanding any other provision of law, all funds disbursed to the Department of 28Juvenile Justice school district by the Department of Education shall be calculated using a base of 235 instructional days rather 29than a base of 190 instructional days. This includes, but is not limited to, all funding for teacher salary supplements, for 30instructional purposes or any other funds disbursed to the Department of Juvenile Justice school district’s twelve-month continuous 31progress education program. 32 39.18. (DJJ: Local District Effort) Upon commitment or confinement to a Department of Juvenile Justice facility, the school 33district in which that child resides shall pay an amount equivalent to the statewide average of the local base student cost (30%), 34multiplied by the appropriate pupil weighting set forth in Section 59-20-40, for instructional services provided to out-of-district 35students to the Department of Juvenile Justice for the time period in which the child is committed or confined to a department 36facility. EFA funding for school districts is provided for a 180 day school year. The billing provided by the department shall be 1 PAGE 224 2 1calculated by dividing the local base student cost by 225 days to determine the daily rate. The department shall notify the school 2district in writing within 45 calendar days that a student from the nonresident district is receiving education services pursuant to 3this provision. The notice shall also contain the student's name, date of birth, disabling condition if available, and dates of service. 4 The invoice shall be paid within 60 days of billing, provided the department has provided a copy of the invoice to both the 5superintendent and the finance office of the school district being invoiced. Should the school district fail to pay the invoice within 660 days, the department can seek relief from the Department of Education. The Department of Education shall withhold EFA 7funding equal to the billing from the district refusing to pay and submit the funding (equal to the invoice) to the department. If 8adequate funding is not received, the department shall have the flexibility to use funds from other programmatic areas to maintain 9an appropriate level of service. 10 39.19. (DJJ: Detention Per Diem Costs) Notwithstanding any other provision of law, local governments utilizing the juvenile 11detention services provided by the Department of Juvenile Justice must pay the department a per diem of fifty dollars a day per 12child. The department may apply the remainder of the funds generated by this item, if any, to operational or capital expenses 13associated with juvenile services provided by the department. If adequate funding is not received, the department shall have 14flexibility to use funds from other programmatic areas to maintain an appropriate level of service. 15 39.20. (DJJ: ACES) The Department of Juvenile Justice shall utilize $250,000 to conduct a pilot project utilizing the Attitude, 16Communication, Emotions, Situations (ACES) Program providing services to at-risk juveniles and their families. The department 17shall report to the Senate Finance Committee and the House Ways and Means Committee on the effectiveness of the program 18within 60 days of the end of the fiscal year. 19 20SECTION 40 - L36 - HUMAN AFFAIRS COMMISSION 21 22 40.1. (HAC: Sale of Publication) All revenue derived from the sale of “The Blueprint” shall be retained, carried forward, and 23expended for the purpose of general operations of the Human Affairs Commission. 24 40.2. (HAC: Human Affairs Forum Carry Forward) All revenue derived from donations and registration fees received for 25attendance at Human Affairs Forums shall be retained and carried forward and expended for the purpose of general operations of 26the Human Affairs Commission. 27 40.3. (HAC: Training Revenue) All revenue derived from fees received from training and technical assistance provided by the 28Human Affairs Commission to entities other than state agencies shall be retained, carried forward, and expended for the purpose of 29general operations of the Human Affairs Commission. 30 40.4. (HAC: Revenue from Copying Fees) All revenue derived from providing requested copies of commission files, final 31opinions, orders, and determinations shall be retained, carried forward, and expended for the purpose of general operations of the 32Human Affairs Commission. 33 1 PAGE 225 2 1SECTION 41 - L46 - COMMISSION FOR MINORITY AFFAIRS 2 3 41.1. (CMA: Private Contributions and Sponsorship) Monies derived from private sources for agency research, forums, 4training, and institutes may be retained and expended by the commission for the said purpose. Any remaining balance may be 5carried forward and expended for the same purpose. 6 41.2. (CMA: Carry Forward Registration Fees) Revenue derived from registration fees received from training and institutes 7may be retained and carried forward for the purpose of conducting future training and institutes. 8 41.3. (CMA: Carry Forward Grant Awards) Revenues pooled from public and private sources for the purpose of awarding 9grants to address problems in the minority community may be retained and carried forward by the commission. 10 41.4. (CMA: Carry Forward Bingo Revenues) Bingo revenues received by the commission in the prior fiscal year pursuant to 11Section 12-21-4200(3) of the 1976 Code which are not expended during that fiscal year may be carried forward to be expended in 12the current fiscal year. 13 41.5. (CMA: Student Achievement and Vision Education) The Commission for Minority Affairs is directed to study and 14document the family and community structures that contribute to or by their absence, exacerbate the problem of poor student 15achievement and socioeconomic deprivation. The commission is directed to identify all funding to programs and services that 16support family well-being in South Carolina. To identify and document gaps and duplication of services, the commission is 17directed to develop an assessment tool to survey appropriate agencies regarding services, associated cost, and other relevant 18information. The following state agencies are required to provide information to the Commission for Minority Affairs: Adjutant 19General’s Office (Emergency Management Division), Department of Agriculture, Department of Alcohol and Other Drug Abuse 20Services, Commission for the Blind, Budget and Control Board, Department of Commerce, Department of Consumer Affairs, 21Department of Corrections, School for the Deaf and the Blind, Department of Disabilities and Special Needs, Education Oversight 22Committee, Department of Education, Educational Television Commission, Employment Security Commission, Governor’s Office, 23Department of Health and Environmental Control, Department of Health and Human Services, State Housing, Finance and 24Development Authority, Department of Juvenile Justice, Department of Mental Health, Department of Probation, Parole and 25Pardon Services, Department of Social Services, state colleges and universities, and other agencies as the commission deems 26appropriate. 27 The commission shall compile a report that identifies strengths, weaknesses, and gaps in program support activities that should 28be addressed to increase positive outcomes to help close the achievement gap, provide community supports that strengthen 29families, and address inequities confronting minorities in the State. The report shall make recommendations regarding the 30reallocation of funding, restructuring of agencies and services, and the need for new programs or incentives for public-private 31partnerships. The report shall be issued to the Governor, the President Pro Tempore of the Senate, the Chairman of the Senate 32Finance Committee, the Chairman of the Senate Education Committee, the Speaker of the House of Representatives, the Chairman 33of the House Ways and Means Committee, the Chairman of the House Education and Public Works Committee, the Chairman of 34the Legislative Black Caucus and the State Superintendent of Education on or before the first Tuesday of February 2008 for 35information and further legislative action. 36 1 PAGE 226 2 1SECTION 42 - R04 - PUBLIC SERVICE COMMISSION 2 3 42.1. (PSC: Real-Time Closed Captioning - Major Media Markets) The Public Service Commission is authorized and 4instructed to expend up to $810,000 from the Dual Party Relay Fund in order to continue real-time closed captioning of locally 5produced news services for the four television stations that are currently providing the service. The purpose of the voluntary 6project is to allow for the deaf and hard-of-hearing citizens of our state to have real-time access to news and weather information. 7Only expenditures directly related to real-time closed captioning can be funded from this appropriation. This proviso will remain 8in effect through June 30, 2008, or until such time as a contract for real-time closed captioning may be awarded, whichever comes 9first. 10SECTION 42A - R06 - OFFICE OF REGULATORY STAFF 11 12 42A.1. (ORS: Transportation Fee Refund) The Transportation Department of the Office of Regulatory Staff is hereby 13authorized to make refunds of fees which were erroneously collected. 14 42A.2. (ORS: Assessment Certification) Office of Regulatory Staff shall certify to the Department of Revenue the amounts to 15be assessed to cover appropriations in this section as follows: (1) the amount applicable to the assessment on public utility, 16telephone utility, radio common carrier and electric utility companies as provided for by Section 58-4-60, Code of Laws of 1976, 17(2) the amount to be assessed against gas utility companies as provided for in Section 58-5-940, Code of Laws of 1976, (3) the 18amount to be assessed against electric light and power companies as provided for in Sections 58-4-60 and 58-27-50, Code of Laws 19of 1976, and (4) the amount to be covered by revenue from motor transport fees as provided for by Section 58-23-630, and other 20fees as set forth in Section 58-4-60, Code of Laws of 1976. The amount to be assessed against railroad companies shall consist of 21all expenses related to the operations of the Railway subprogram of the Agency’s Transportation Division, to include the related 22distribution of salary increments and employer contributions not reflected in the related subprogram of this act as set forth in 23Section 58-4-60, Code of Laws of 1976. 24 42A.3. (ORS: Assessment Adjustments) If the Office of Regulatory Staff determines that a person or entity subject to Title 58 25of the 1976 Code has been assessed an amount greater than that authorized by Sections 58-4-60, 58-3-100 and 58-3-540, the Office 26of Regulatory Staff shall, at its discretion: 27 (a) refund the person or entity the amount of over collection using funds from the current fiscal year; 28 (b) refund the person or entity the amount of over collection using any unexpended funds from the prior fiscal year; 29 (c) credit the amount the person or entity will be assessed in the next fiscal year for the amount of over collection; or 30 (d) any combination of these. 31 The Office of Regulatory Staff, when determining the amount to be assessed in the next fiscal year, may take into consideration 32any underpayment or overpayment by a person or entity during a given year. 33 Notwithstanding any other provision of law, any unexpended funds from revenue generated pursuant to this section may be 34retained and carried forward and expended for the same purposes. 35 1 PAGE 227 2 1SECTION 43 - R08 - WORKERS’ COMPENSATION COMMISSION 2 3 43.1. (WCC: Medical Services Provider Manual Revenue) All revenue earned from the sale of the commission’s publication 4Medical Services Provider Manual shall be retained by the agency to be used for the printing and distribution of subsequent revised 5editions of the schedule. 6 43.2. (WCC: Educational Seminar Revenue) All revenue earned from educational seminars shall be retained by the agency to 7be used for the printing of educational materials and other expenses related to conducting the seminar. 8 43.3. (WCC: In-House Mailbox Rental Fees) The Workers’ Compensation Commission is authorized to charge $300 per year 9for the rental of an in-house mailbox and to retain and expend all revenues received from the rental charges to offset mailing costs. 10 43.4. (WCC: Retention of Filing Fees) The Workers’ Compensation Commission is authorized to retain and expend all 11revenues received as a result of a $25.00 filing fee for each requested hearing, settlement, or motion. If it is determined that the 12individual is indigent, this filing fee must be waived. 13 14SECTION 44 - R12 - STATE ACCIDENT FUND 15 16 44.1. (SAF: Educational Seminar Revenue) The State Accident Fund is authorized to set and collect fees for educational 17seminars. All revenue earned from educational seminars shall be retained by the agency and used for supplies, materials, and other 18expenses relating to the seminars. 19 20SECTION 47 - R20 - DEPARTMENT OF INSURANCE 21 22 47.1. (INS: Examiners Travel/Subsistence Reimbursement) Notwithstanding the limitations in this act as to amounts payable or 23reimbursable for lodging, meals, and travel, the Department of Insurance is authorized to reimburse department examiners in 24accordance with guidelines established by the National Association of Insurance Commissioners only when the State is reimbursed 25by an insurance company for the travel and subsistence expenses of Insurance Department examiners pursuant to S. C. Code 26Section 38-13-10, 1976. 27 47.2. (INS: Reimbursement Carry Forward) Reimbursements received for Data Processing Services, Revenue, Miscellaneous 28Revenue and Sale of Listings and Labels shall be retained for use by the department. These funds may be carried forward in the 29current fiscal year. The Department of Insurance is authorized to pay the annual dues, not to exceed $10,000 for the South Carolina 30Senate and the South Carolina House of Representatives for membership in the National Council of Insurance Legislators from 31funds collected under this proviso. 32 47.3. (INS: Agency Head Salary) With respect to agency head and technical college presidents covered by the Agency Head 33Salary Commission, these salaries are in accordance with the provisions of provisos 63.9 and 63.54 of Part IB of this Act with the 34exception of the agency head salary of the Department of Insurance. This salary shall be in accordance with the line item 35specification in Section 47 of Part IA, and shall be effective on the effective date of this Act. 36 1 PAGE 228 2 1SECTION 48 - R23 - BOARD OF FINANCIAL INSTITUTIONS 2 3 48.1. (FI: Supervisory Fees) The Board of Financial Institutions shall fix supervisory fees of banks, savings and loan 4associations and credit unions on a scale which, together with fees collected by the Consumer Finance Division will fully cover the 5total funds expended under this section. 6 7SECTION 49 - R28 - DEPARTMENT OF CONSUMER AFFAIRS 8 9 49.1. (CA: Consumer Protection Code Violations Revenue) Funds, paid to the department in settlement of cases involving 10violations of the South Carolina Consumer Protection Code and other statutes enforced by the department be retained and 11expended within the agency’s budget to help offset the costs of investigating, prosecuting, and the administrative costs associated 12with these violations, may be carried forward and expended for the same purposes in the current fiscal year. 13 49.2. (CA: Student Athlete/Agents Registration) Funds received by the department of Consumer Affairs pursuant to 14registrations under Chapter 102 of Title 59 of the 1976 Code may be retained by the department for its enforcement duties relating 15to athlete agents and student athletes under that chapter. 16 49.3. (CA: Expert Witness/Assistance Carry Forward) Unexpended encumbered appropriated funds for the Consumer 17Advocacy expert witness/assistance program (under Section 37-6-603) may be carried forward into the next fiscal year to meet 18contractual obligations existing at June 30 and not paid by July 31. 19 49.4. (CA: Prepaid Legal Services Fee) The Department of Consumer Affairs may collect a fee of forty dollars with each initial 20or renewal filing for an individual seeking to be appointed as a representative of a prepaid legal services company and may use the 21proceeds to offset the costs of administering and enforcing Chapter 16 of Title 37 of the S. C. Code of Laws. 22 49.5. (CA: Registered Credit Grantor Notification and Maximum Rate filing fees) The Department of Consumer Affairs may 23collect a fee of $120 for persons required to file Consumer Credit Grantor Notification under Section 37-6-203. The department 24may retain $30 of the fee to offset the cost of administering and enforcing Chapter 6 of Title 37 of the S.C. Code of Laws. The 25department may collect a fee of $40 per location for persons required to file maximum rate schedules under Section 37-2-305 and 26Section 37-3-305. The department may retain $30 of the maximum rate schedule filing fee to offset the cost of administering and 27enforcing chapters 2 and 3 of Title 37 of the S.C. Code of Laws. The revenue generated and retained for the department may be 28applied to the cost of operations, and any unexpended balances may be carried forward to the current fiscal year and utilized for the 29same purposes. 30 31SECTION 50 - R36 - DEPARTMENT OF LABOR, LICENSING AND REGULATION 32 33 50.1. (LLR: Fire Marshal - Authorization to Charge Fees for Training) The Fire Academy may charge participants a fee to 34cover the cost of education, training programs, and operations. The revenue generated may be applied to the cost of operations, 35and any unexpended balance may be carried forward to the current fiscal year and utilized for the same purposes. 1 PAGE 229 2 1 50.2. (LLR: Real Estate - Special Account) Revenue in the Real Estate Appraisal Registry account shall not be subject to fiscal 2year limitations and shall carry forward each fiscal year for the designated purpose. 3 50.3. (LLR: POLA - 110%, Other Funds) The Professional and Occupational Offices in Program II.F. Professional and 4Occupational Licensing must remit annually an amount equal to 10% of the expenditures to the general fund. The Contractor’s 5Licensing Board must remit all revenues above their expenditures to the general fund. The revenue remitted by the Contractor’s 6Licensing Board to the general fund includes the 10%. 7 50.4. (LLR: Fire Marshal Fallen Firefighters Memorial) The Department of Labor, Licensing and Regulations - Division of the 8State Fire Marshal is authorized to accept gifts or grants of services, properties, or monies from individuals or public and private 9organizations to honor South Carolina firefighters who have died in the line of duty. All excess monies collected to erect a 10memorial are to be placed in a fund for upkeep and maintenance. Any later contributions are to be used for upkeep and 11maintenance. 12 50.5. (LLR: Firefighter Mobilization Project) The Department is directed to utilize $165,000 of the funds derived under Section 132 of Act 1377 of 1968, as amended by Act 60 of 2001 from the tax of thirty-five one-hundredths percent imposed annually on the 14gross premium receipts less premiums returned on canceled policy contracts and less dividends and returns of unabsorbed premium 15deposits of all fire insurance companies doing business in the State to fund the Firefighter Mobilization Project. 16 50.6. (LLR: Cosmetologist, Esthetician, Manicurists License) Notwithstanding the provisions of Section 40-7-280 or any other 17provision of law, a person licensed as a cosmetologist, esthetician, or manicurist pursuant to Chapter 13 of Title 40 may practice, within 18the scope of practice authorized by the person’s license, in a barbershop registered in accordance with this chapter. 19 50.7. (LLR: Match for Federal Funds) State appropriations to the Department of Labor, Licensing, and Regulation that are 20required to provide match for federal grant programs in the prior fiscal year may be carried forward into the current fiscal year and 21expended for the same purpose as originally appropriated. 22 50.8. (LLR: FLS - Instructor Clothing) The Department of Labor, Licensing and Regulation is authorized to purchase and issue 23clothing to the staff of the State Fire Academy. 24 50.9. (LLR: Board of Pharmacy-Pharmacy Technician Certification Requirements) Of the funds appropriated to the 25Department of Labor, Licensing and Regulation for Professional &Occupational Licensing, a one-time certification process must 26be implemented for the certification of Pharmacy Technicians who have met the academic and supervised practice requirements as 27of November of 2004, but not all of the required information was submitted in accordance with the Board’s submission 28requirements. These individuals must have met all the requirements of Section 40-43-82 (A) (B) (C). 29 30SECTION 51 - R60 - EMPLOYMENT SECURITY COMMISSION 31 32 51.1. (ESC: Salary Level) The salaries of the Chairman, the Commissioners, and the Agency Director of the Employment 33Security Commission shall be no less than that agreed to by the United States Department of Labor. 34 51.2. (ESC: SCOICC User Fee Carry Forward) All user fees collected by the S.C. Occupational Information Coordinating 35Committee through the Employment Security Commission may be retained by the SCOICC to be used for the exclusive purpose of 1 PAGE 230 2 1operating the S.C. Occupational Information System. All user fees not expended in the prior fiscal year may be carried forward for 2use in the current fiscal year. 3 51.3. (ESC: Consortium Contracts: Training-Development Sessions and Media Services) All earmarked funds collected for the 4LMI - Training-Development Sessions; the ALMIS LMI Training Institute; Media Services and Program Contracts through the 5South Carolina Employment Security Commission may be retained by the agency to be used for the exclusive purpose of operating 6these programs. All funds not expended in the prior fiscal year may be carried forward for use in the current fiscal year. 7 51.4. (ESC: Spartanburg County Land Acquisition) The Employment Security Commission is authorized to expend up to 8$500,000 of funds made available to the State under Section 903 of the United States Social Security Act, as amended. The funds 9must be used under the direction of the Employment Security Commission, for the purpose of acquiring land in Spartanburg 10County on which to erect a building for the use of the Employment Security Commission. Approval of the site must be obtained 11from the Spartanburg delegation with a three-fourth vote based on weighted population. No part of the money herein appropriated 12may be obligated after a two-year period beginning on July 1, 2005 2006. The amount obligated pursuant to this proviso shall not 13at any time exceed the amount by which (a) the aggregate of amounts transferred to the accounts of the State pursuant to Section 14903 of the Social Security Act exceeds (b) the aggregate of the amounts obligated for administration and paid out for 15administration and paid out for benefits and required by law to be charged against the amounts transferred to the account of this 16State. 17 51.5. (ESC: SCOIS Federal Funds) Should the commission receive funds from the federal government for the South Carolina 18Occupational Information System (SCOIS) program, the commission shall return an equivalent amount of general funds, up to 19$306,833, to the General Fund of the State. The commission shall notify the Chairman of the Senate Finance Committee and the 20Chairman of the House Ways and Means Committee of such action. 21 51.6. (ESC: Unemployment Rate) The S.C. Employment Security Commission shall cite the Black Unemployment Rate, 22according to the U.S. Department of Labor, whenever the unemployment rate is reported. 23 24SECTION 53 - U12 - DEPARTMENT OF TRANSPORTATION 25 26 53.1. (DOT: Expenditure Authority Limitation) The Department of Transportation is hereby authorized to expend all cash 27balances brought forward from the previous year and all income including all federal funds, unexpended general funds and 28proceeds from bond sales accruing to the Department of Transportation, but in no case shall the expenditures of the Department of 29Transportation exceed the amount of cash balances brought forward from the preceding year plus the amount of all income 30including federal funds, general funds and proceeds from bond sales. 31 53.2. (DOT: Special Fund Authorization) The Department of Transportation with the approval of the State Treasurer, is hereby 32authorized to set up with the State Treasurer such special funds out of the Department of Transportation funds as may be deemed 33advisable for proper accounting purposes. 34 53.3. (DOT: Secure Bonds & Insurance) The Department of Transportation is hereby authorized to secure bonds and insurance 35covering such activities of the department as may be deemed proper and advisable, due consideration being given to the security 36offered and the service of claims. 1 PAGE 231 2 1 53.4. (DOT: Benefits) Employees of the Department of Transportation shall receive equal compensation increases, health 2insurance benefits and employee bonuses provided in this act for employees of the State generally. The amount will be funded 3from Department of Transportation funding sources. 4 53.5. (DOT: Document Fees) The Department of Transportation is hereby authorized to establish an appropriate schedule of 5fees to be charged for copies of records, lists, bidder’s proposals, plans, maps, etc. based upon approximate actual costs and 6handling costs of producing such copies, lists, bidder’s proposals, plans, maps, etc. 7 53.6. (DOT: Commissions Per Diem, Subsistence, Mileage) Members of the Department of Transportation Commission shall 8receive such per diem, subsistence and mileage for each official meeting as is provided by law for members of boards, 9commissions, and committees. 10 53.7. (DOT: Contract Mass Transit System) Notwithstanding any other provision of law, the Department of Transportation is 11hereby authorized to directly contract mass transit funds with any private operator of a mass transit system to provide service to the 12general public; provided, that a plan of service has been established and approved by the local general purpose government which 13has jurisdiction for the area to be served, and approved by the department, the Transportation Commission and the federal 14government. 15 53.8. (DOT: Relax Design/Construction Standards Authority) In recognition of budgetary restraints, the Department of 16Transportation, its commission, officers and employees, are herewith granted the discretionary authority to relax design and 17construction standards for the current fiscal year, with respect to highway projects in the secondary state highway system, and the 18exercise of such discretionary authority to relax design and construction standards shall not give rise to any liability on the part of 19the department, its commission, officers and employees. 20 53.9. (DOT: Coordinate Transportation Funding and Resources) The Department of Transportation shall continue to carry out 21and enhance the coordination planning and demonstration process for public transportation funding and resources established 22during the prior fiscal year. A progress report shall be submitted to the General Assembly on or before January 15 each year. 23Notwithstanding any other provision of law, the progress report required by this section may be combined with the Department of 24Transportation Annual Report required pursuant to Section 57-3-760 and the Mass Transit Division Report required by Section 57- 253-40, Code of Laws, 1976, as amended. The intent of this proviso is to improve access and delivery of transportation services, 26especially in rural areas. In planning and developing mechanisms for increasing coordination of funding streams and resources at 27both the state and local levels, the Department of Transportation shall work with each agency that provides funding for 28transportation and assure input in the process from major local providers of transportation services to the public, including current 29providers of coordinated public service. 30 Any agency, local government or other entity, including nonprofit organizations, using state funds or state-administered federal 31funds for the purpose of transporting private citizens on a regular basis, (1) must provide input and information as requested by the 32Department of Transportation in a timely manner and in a format specified by the Department of Transportation in order to update 33data on transportation resources for planning purposes and; (2) show evidence of progress toward the development of or 34participation in a coordination plan. The Department of Corrections, the Department of Education, school districts and institutions 35of higher education are exempt from the requirements of this section. No transportation funds may be provided to any entity not in 36compliance with the requirements of this section. 1 PAGE 232 2 1 53.10. (DOT: Payroll Deduction for Uniform Rental) The Department of Transportation, upon the written request of an 2employee, shall make deduction from the employee’s compensation for payments for work related uniform rental. 3 53.11. (DOT: Financial Status Reports) The Department of Transportation must provide to each Metropolitan Planning 4Organization and Regional Council of Government, as appropriate, a quarterly financial status report of approved highway projects 5to include authorized project financial obligations and to date project expenditures and percent of completion. 6 53.12. (DOT: Meals in Emergency Operations) The Department of Transportation may provide meals to employees of the 7department who are not permitted to leave assigned duty stations and are required to work during deployment, emergency 8simulation exercises, and when the Governor declares a state of emergency. 9 53.13. (DOT: Oversize and Overweight Permits) Notwithstanding any other provision of law, for the current fiscal year, the 10Department of Transportation may charge the following rates for Oversize and Overweight permits and licenses: 11 Single Trip $ 30.00 12 Excessive Width Over 16’ $ 35.00 13 Excessive Width Over 18’ $ 40.00 14 Excessive Width Over 20’ $ 45.00 15 Excessive Width Over 22’ $ 50.00 16 Multiple Trip (Annual) $ 100.00 17 House Moving License (Annual) $ 100.00 18 Superload Application (Non-Refundable) $ 100.00 19 Superload Engr Analysis Over 130,000 lbs. $ 100.00 20 Superload Engr Analysis Over 200,000 lbs. $ 200.00 21 Superload Engr Analysis Over 300,000 lbs. $ 350.00 22 Superload Impact Fee for Loads Over 130,000 lbs. $3.00/1,000 lbs. 23 Admin. Fee for Prorating Active Annual Permits $ 10.00 24 Admin. Fee for Road Machinery Permits $ 10.00. 25 53.14. (DOT: Rest Area Water Rates) For the current fiscal year, rest areas of the Department of Transportation shall be 26charged in-district water rates by providers of water and sewer services, unless the rate currently charged by the provider is less 27than in-district rates. 28 53.15. (DOT: Feasibility Study) The Department of Transportation shall conduct a study regarding the widening of the 29Interstate 85 Corridor in Cherokee County. The study shall take into consideration traffic conditions, road conditions, and vehicle 30miles traveled on the Corridor. The department shall submit a report to the Speaker of the House of Representatives and the 31President Pro Tempore of the Senate by June 30, 2007. The report shall include the potential costs and duration of any project 32designed to prepare the Corridor for future transportation needs. 33 53.16. (DOT: Shop Road Farmers Market Bypass Carry Forward) Unexpended funds appropriated for the Shop Road Farmers 34Market Bypass may be carried forward into the current fiscal year and expended for the same purpose. 35 53.17. (DOT: County Transportation Committees) DELETED 1 PAGE 233 2 1 53.18. (DOT: Reopen Rest Areas) The Department of Transportation is directed to utilize the $723,000 appropriated from the 2General Fund designated “Commercial Motor Vehicle Rest Areas” to reopen seven non-facility parking areas for commercial 3vehicles only. These locations will be determined by the Department of Transportation in conjunction with the Department of 4Public Safety. 5 The Department of Transportation shall post signs restricting these parking areas to commercial vehicles and shall post “no 6trespassing” signs to prohibit pedestrian entry into the areas. 7 The Department of Transportation is directed to ascertain whether federal grants are available in order to supplement the 8general funds appropriated for this purpose, and if so to make application for such federal grant. 9 Funds appropriated to reopen rest areas may be carried forward from the prior fiscal year and used for the same purpose in the 10current fiscal year. 11 53.19. (DOT: Traffic Congestion Study) The Department of Transportation shall use an amount not to exceed $75,000 of the 12funds appropriated to the department, to conduct a study of traffic congestion on state maintained roads. The study shall include 13 as a component of its objective, the development of a cost - per - delay - hour standard. The purpose of the new standard shall be a 14tool for measuring and mitigating traffic congestion through effective transportation planning. The department shall submit a 15report to the Governor, the Chairman of Senate Finance Committee and the Chairman of the House Ways & Means Committee by 16June 30, 2008. 17 18SECTION 53C - Y14 - STATE PORTS AUTHORITY 19 20 53C.1. (SPA: Charleston Cooper River Bridge Project) The State Ports Authority shall, from other general fund or operating 21fund surplus available and any funds appropriated to the authority in prior fiscal years and left unexpended as of July 1, 2006 2007, 22pay to the State Transportation Infrastructure Bank one million dollars before June 30, 2007 2008, to continue the Charleston 23Cooper River Bridge Project. 24 25SECTION 54 - A99 - LEGISLATIVE DEPARTMENT 26 27 54.1. (LEG: Legislative Employee Designations) The positions included in this section designated (P) shall denote a permanent 28employee and the salary is an annual rate. The positions designated (T) shall denote a temporary employee and the salary is for a 29period of six months to be paid at that rate only while the General Assembly is in session. The positions designated as (Interim) 30shall denote a temporary employee and the salary is for a period of six months to be paid at that rate while the General Assembly is 31not in session. The positions designated (PTT) shall denote part-time temporary employees on a twelve-months basis. The 32positions designated (PPT) shall denote permanent part-time employees retained for full-time work on a six-months basis or the 33duration of the legislative session. The House of Representatives shall maintain an internal record denoting permanent, temporary, 34interim, part-time temporary, and permanent part-time employees. 35 54.2. (LEG: Legislative Employee BPI/Merit) Notwithstanding any other provision of law, legislative employees designated 36(P) or (PPT) shall receive base pay and average merit pay in the same manner as such pay is granted to classified state employees, 1 PAGE 234 2 1but for purposes of this paragraph, the term “legislative employees” does not include employees of the House of Representatives. 2From the funds appropriated for Employee Pay Increases, the Speaker of the House and the President Pro-Tem of the Senate shall 3determine the amount necessary for compensation of the employees of the House and Senate. 4 54.3. (LEG: Interim Expenses Allowance) The Chairman of the Standing House and Senate Committees shall each be allowed 5the sum of six hundred and fifty dollars for expenses during the interim, between sessions of the General Assembly, to be paid 6from the House or Senate approved accounts, with each body paying the expense allowance of the chairman in its membership. 7The Speaker of the House is authorized to approve not more than six hundred and fifty dollars for expenses during the interim for 8Chairmen of the Standing Committees of the House. 9 54.4. (LEG: Subsistence/Travel Regulations) Notwithstanding any other provision of law: 10 a. Members of the General Assembly shall receive subsistence expense equal to the maximum allowable by regulation of the 11Internal Revenue Code, for the Columbia area for each legislative day that the respective body is in session and in any other 12instance in which a member is allowed subsistence expense. No member of the General Assembly except those present are eligible 13for subsistence on that day. Legislative day is defined as those days commencing on the regular annual convening day of the 14General Assembly and continuing through the day of adjournment sine die, excluding Friday, Saturday, Sunday, and Monday. 15 b. Standing Committees of the Senate and House of Representatives are authorized to continue work during the interim; 16however, House members must receive advanced approval by the Speaker of the House or Standing Committee Chairman and 17Senate members must receive advanced approval by the President Pro Tempore of the Senate or Standing Committee Chairman to 18meet. If such advanced approval is not received, the members of the General Assembly shall not be paid the per diem authorized 19in this provision. When certified by the Speaker of the House, President Pro Tempore of the Senate, or Standing Committee 20Chairman, the members serving on such committees shall receive a subsistence as provided in item “a.” above, mileage at the rate 21provided for by law, and the regular per diem established in this act for members of boards, commissions, and committees while 22attending scheduled meetings. Members may elect to receive actual expenses incurred for lodging and meals in lieu of the 23allowable subsistence expense. The funds for allowances specified in this proviso shall be paid to the members of the Senate or 24House of Representatives from the Approved Accounts of the respective body except as otherwise may be provided. 25 c. Joint Study Committees created pursuant to Acts and Resolutions of the General Assembly are authorized to continue work 26during the interim to secure such information and complete such investigations as may be assigned to the respective committees; 27however, House members must receive advanced approval by the Speaker of the House or Standing Committee Chairman and 28Senate members must receive advanced approval by the President Pro Tempore of the Senate or Standing Committee Chairman to 29meet. If such advanced approval is not received, the House and Senate members of the Joint Study Committee shall not be paid the 30per diem authorized in this provision. When certified by the Speaker of the House, President Pro Tempore of the Senate, or 31Standing Committee Chairman, the members appointed to such committees shall receive a subsistence as provided in item “a.” 32above, mileage at the rate provided for by law, and the regular per diem established in this act for members of boards, 33commissions, and committees while attending scheduled meetings. Members may elect to receive actual expenses incurred for 34lodging and meals in lieu of the allowable subsistence expense. The allowances specified in this proviso shall be paid from funds 35appropriated to the respective committees for such purposes, or from Approved Accounts of the respective body of the General 36Assembly if no funds have been appropriated to such a committee for these purposes. 1 PAGE 235 2 1 d. Members of the Senate and the House of Representatives when traveling on official State business shall be allowed a 2subsistence as provided in item “a.” above, transportation expenses as provided for by law, and the regular per diem established in 3this act for members of boards, commissions, and committees upon approval of the appropriate chairman. When traveling on 4official business of the Senate or the House of Representatives not directly associated with a committee of the General Assembly, 5members shall be paid the same allowance upon approval of the President Pro Tempore of the Senate or the Speaker of the House 6of Representatives. In either instance, the members may elect to receive actual expenses incurred for lodging and meals in lieu of 7the allowable subsistence expense. The funds for the allowances specified in this proviso shall be paid from the Approved 8Accounts of the Senate or the House of Representatives or from the appropriate account of the agency, board, commission, task 9force or committee upon which the member serves. 10 e. Members of the House of Representatives shall not be reimbursed for per diem or travel in connection with any function 11held outside of the regular session of the General Assembly unless prior approval has been received from the Speaker of the House. 12 f. Mileage reimbursement and per diem for members of the General Assembly shall be at the rate provided for by law. 13 54.5. (LEG: Senate Voucher Approval) All payroll vouchers, disbursement vouchers, and interdepartmental transfers of the 14Senate shall only require the approval of the Clerk of the Senate. 15 54.6. (LEG: Supplies Approval) Notwithstanding any other provision of law, all supplies for the Senate shall be purchased only 16upon the authority of the Clerk of the Senate and all supplies for the House of Representatives shall be purchased only upon the 17authority of the Clerk of the House. 18 54.7. (LEG: House Pages) Up to one hundred forty-four Pages may be appointed as provided in the House Rules and they shall 19be available for any necessary service to the House of Representatives. 20 54.8. (LEG: Leg. Council Employment/Salary Adjustments) Notwithstanding any limitation or other provision of law to the 21contrary, the Legislative Council may adjust salaries for Legislative Council personnel. Any adjustments made must be paid from 22funds appropriated for the council or from the funds appropriated to the council under Part IA, Section 54C for this purpose, or 23both. 24 54.9. (LEG: Senate Research Personnel Compensation) Notwithstanding any other provision of law, Senate Research personnel 25other than Directors of Research and the committee research staff shall be paid from funds appropriated for Senate Research at the 26direction of the Clerk of the Senate. 27 54.10. (LEG: Contract for Services) The Standing Committees of the Senate may, upon approval of the President Pro Tempore, 28contract with state agencies and other entities for such projects, programs, and services as may be necessary to the work of the 29respective committees. Any such projects, programs, or services shall be paid from funds appropriated for contractual services. 30 54.11. (LEG: Jt. Leg. Committee Operational Authorization) Only the Joint Legislative Committees for which funding is 31provided herein are authorized to continue operating during the current fiscal year under the same laws, resolutions, rules or 32regulations which provided for their operations during the prior fiscal year. 33 54.12. (LEG: Legislative Carry Forward) In addition to the funds appropriated in this section, the funds appropriated under Part 34IA, Sections 54A, 54B, 54C, 54D, and 54E for the prior fiscal year which are not expended during that fiscal year may be carried 35forward to be expended for the same purposes in the current fiscal year. 1 PAGE 236 2 1 54.13. (LEG: Senate Expenditures/O&M Committee) Notwithstanding any limitation or other provisions of law to the contrary, 2funds expended by the Senate for salary adjustments, professional fees and dues, and necessary expenses, supplies, and equipment 3for Senate employees, must be paid from funds appropriated to the Senate Operations and Management Committee and funds 4available in approved accounts of the Senate, and shall be authorized and allocated in such manner as determined by the Senate 5Operations and Management Committee. From the funds annually allocated to each Senator and Representative for postage and 6telephone, $250 may be used to purchase American and State flags. 7 54.14. (LEG: Dues) The funds provided herein for the Council of State Governments and the National Conference of State 8Legislatures are appropriated to be paid as dues to the respective organizations and these funds shall not be transferred to any other 9program. 10 54.15. (LEG: In-District Compensation) All members of the General Assembly shall receive an in-district compensation of 11$1,000 per month effective January 1, 1995. 12 54.16. (LEG: Additional House Support Personnel) The funds provided for Legislative/Constituent Services are appropriated 13for the purpose of providing additional support personnel to assist House members who are not already being furnished with direct 14legislative assistance in the conduct of their legislative responsibilities. This amount shall be used for staffing requirements where 15necessary for part time personnel. The additional personnel may be used only in compliance with Section 8-13-1346(A) of the 16South Carolina Code of Laws. At a member’s request, the House Operations and Management Committee may use any 17unexpended portion of a member’s allotment to purchase equipment for a member’s office. The amount herein appropriated for 18additional support personnel shall be allocated to eligible members as follows: For fiscal years beginning in even years, an eligible 19member is allowed an allocation of $500 beginning July 1, as approved by the Speaker of the House. An additional $2,000 20allotment, as approved by the Speaker of the House, is allowed when the eligible member’s election to the upcoming General 21Assembly is certified or at the time the member is unopposed for the general election, whichever occurs first. A member elected to 22a full term in the House of Representatives, who did not serve in the General Assembly preceding the election, is allowed an 23allocation of $2,000, as approved by the Speaker of the House, from the time the member’s election is certified until the end of the 24then current fiscal year. For fiscal years beginning in odd years, eligible members are allowed an allocation of $2,500, as approved 25by the Speaker of the House. Whenever a member is elected to fill an unexpired term, the allotment must be prorated on a monthly 26basis. The amounts provided above as allotments for members are provided for an aide’s compensation, exclusive of employer 27contributions. Each member may choose to expend his allocation for an individual legislative aide or may choose to combine his 28allocation with allocations of other House members for a legislative aide to assist each of the members contributing to the expense 29of that aide. 30 54.17. (LEG: House Postage) The Speaker of the House is authorized to approve no more than $600 per member per fiscal year 31for postage. 32 54.18. (LEG: Legislative Dual Employment) Each committee and joint legislative committee provide a list to the members of 33the General Assembly of all employees who hold dual positions of state employment. 34 54.19. (LEG: Leg. Council Combined Position) The Director of the Legislative Council, with the approval of the council, is 35authorized to combine two or more stenographic, clerical, technical assistant, or administrative assistant positions into one with a 1 PAGE 237 2 1job description for the combined position to be approved by the council, with a compensation level also approved by the council. 2The appropriations or any portion thereof for the positions combined into one may be used to fund the combined position. 3 54.20. (LEG: Joint Legislative Committee on Aging Expenses) Members of the Joint Legislative Committee on Aging shall 4receive mileage, per diem, and subsistence as provided by law for members of boards, committees, and commissions. Members of 5the committee who are Senators shall have their expenses paid by the Senate, and members of the House shall have their expenses 6paid by the House of Representatives. Committee members who are appointed by the Governor shall have their expenses paid 7from funds appropriated to the Governor. 8 54.21. (LEG: Teacher Certificate/Recertification Staff Exemption) Legislative employees may have made available to them, 9$100 to pay toward teacher recertification or may request and be granted an exemption from Section 2-1-120 which shall be 10extended to include staff of the General Assembly. 11 54.22. (LEG: Code of Law Reimbursement) The Legislative Council may require reimbursement from public sector recipients 12except for the General Assembly and courts of record in the unified judicial system of its cost of acquiring codes of law, 13supplements, or replacement volumes distributed to them. 14 54.23. (LEG: House Funds) Funds appropriated to the House of Representatives pursuant to Act 66 of 2001 may be retained 15and carried forward into the current fiscal year and expended for the purpose of covering expenses of the House’s programs and 16operations. 17 54.24. (LEG: Uniform Expungement Study) There is created a joint study committee to examine the feasibility of creating a 18uniform expungement law. The committee shall consist of six members, appointed as follows: three members by the Speaker of 19the House of Representatives and three members by the President Pro Tempore of the Senate. The committee must submit its 20report to the Speaker of the House of Representatives and the President Pro Tempore of the Senate by February 1, 2007. All costs 21associated with the committee shall be borne by the appointing body, from funds appropriated in Part 1A, Sections 54A and 54B. 22 54.25. (LEG: Bonded Indebtedness Oversight Study) The Senate Finance Committee shall undertake a study of the state's 23processes for oversight of bonded indebtedness. Funds provided herein for this purpose shall be used to enable the committee to 24obtain assistance and expertise as necessary to fully evaluate the processes. The Chairman of the Senate Finance Committee may 25engage consultants or experts in the field of bond financing or in other fields of expertise as necessary to provide the committee 26with timely and accurate information. 27 54.26. (LEG: JCGAO) There is hereby created the Joint Committee on Government Accountability and Oversight (JCGAO). 28The committee shall be comprised of eight legislative members, which shall be the President Pro Tempore of the Senate or his 29designee, the Speaker of the House of Representatives or his designee, the Chairman of the Senate Finance Committee or his 30designee, the Chairman of the House Ways and Means Committee or his designee, and each of these legislative office holders shall 31appoint one additional legislator. The purpose of the committee shall be to review and assess the merits of the recommendations 32of the report of the Governor's GEAR Committee and provide recommendations to the General Assembly as to any improvement 33deemed appropriate. The committee may further make any recommendation it deems appropriate in improving government 34processes for efficiency and accountability and shall provide its’ report as directed by the President Pro Tempore of the Senate 35and the Speaker of the House of Representatives. 36 1 PAGE 238 2 1SECTION 55 - C05 - ADMINISTRATIVE LAW COURT 2 3 55.1. (ALJ: Copying Costs Revenue Deposit) The Administrative Law Judge Division shall retain and expend, for the same 4purpose for which it is generated, all revenue received during the current fiscal year as payment for printing and distributing copies 5of court rules and other agency documents. 6 55.2. (ALJ: County Office Space for Judges) Every county shall provide for each Administrative Law Judge residing therein, 7upon their request, an office within the existing physical facilities if space is available, to include all utilities and a private 8telephone. The request shall only be made provided that the judge’s residence is not within fifty miles of the official headquarters 9of the agency by which the Administrative Law Judge is employed. 10 55.3. (ALJ: Filing Fees) Each request for a contested case hearing, notice of appeal, or request for injunctive relief before the 11division Administrative Law Court must be accompanied by a filing fee equal to that charged in circuit court for filing a summons 12and complaint, unless another filing fee schedule is established by rules which shall be promulgated by the division Administrative 13Law Court, and shall be subject to review as are rules of procedure promulgated by the Supreme Court under Article V of the 14Constitution. (Article V, Section 4A requires submission to the Judiciary Committee of each House and are effective 90 days from 15submission unless disapproved by the General Assembly.) This fee must be retained by the division Administrative Law Court in 16order to help defray the costs of the proceedings. No filing fee shall be required in administrative appeals by inmates from final 17decisions of the Department of Corrections or the Department of Probation, Pardon and Parole. However, if an inmate files six 18three administrative appeals during a calendar year, then each subsequent filing during that year must be accompanied by a twenty- 19five dollar filing fee. If the presiding administrative law judge determines at the conclusion of the proceeding that the case was 20frivolous or taken solely for the purpose of delay, the judge may impose such sanctions as the circumstances of the case and 21discouragement of like conduct in the future may require. 22 55.4. (ALJ: Code of Laws) The Administrative Law Court is not required to reimburse Legislative Council for the cost of 23acquiring codes of law, supplements, or replacement volumes distributed to them. 24 25SECTION 56DD - D21 - GOVERNOR’S OFFICE 26 27 56DD.1. (GOV: OEPP - Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, in Part IA, 28Section 56C “Implementing Federal Programs” may be carried forward to the current fiscal year and used for matching committed 29and/or unanticipated grant funds. 30 56DD.2. (GOV: OEPP - Developmental Disabilities Program) The South Carolina Developmental Disabilities Program of the 31Office of the Governor, Office of Executive Policy and Programs is authorized to provide aid to sub-grantees for projects and 32services to benefit persons with developmental disabilities. The intent of this provision is not to duplicate other state agency 33programs which are considered the legal and programmatic mandate of existing state agencies, but rather to fill gaps that exist in 34the state service delivery system related to his target population as identified and addressed in the Developmental Disabilities State 35Plan. 1 PAGE 239 2 1 56DD.3. (GOV: OEPP - Development Disabilities Case Coordination System) $112,559, less any pro rata share adjustment of 2any mandated base budget reduction, of the sums appropriated under OEPP, Allocations to Other State Agencies must be for the 3South Carolina Development Disabilities Case Coordination System. 4 56DD.4. (GOV: OEPP - CCRS Evaluations & Placements) The amount appropriated in this section under Special Items 5Children’s Case Resolution System for Private Placement of Handicapped School-Age Children must be used for expenses 6incurred in the evaluation of children referred to the CCRS to facilitate appropriate placement and to pay up to forty percent when 7placement is made in-state and up to thirty percent when placement must be made out-of-state of the excess cost of private 8placement over and above one-per-pupil share of state and local funds generated by the Education Finance Act, and the 9one-per-pupil share of applicable federal funds; provided it has been established that all other possible public placements are 10exhausted or inappropriate. The balance of funding responsibility necessary to provide the child with services must be determined 11by the Children’s Case Resolution System (CCRS) and apportioned among the appropriate public agencies on the basis of the 12reasons for the private placement. When the amount appropriated in this section is exhausted, the funding responsibility must be 13apportioned according to the procedures of the CCRS. 14 56DD.5. (GOV: SLED - Special Account Carry Forward) Funds awarded to the State Law Enforcement Division by either 15court order or from donations or contributions shall be deposited in a special account with the State Treasurer, and shall be carried 16forward from year to year, and withdrawn from the Treasurer as needed to fulfill the purposes and conditions of the said order, 17donations or contributions, if specified, and if not specified, as may be directed by the Chief of the State Law Enforcement 18Division. Funds expended from the special account must be annually reported by October 1 to the Senate Finance Committee and 19the Ways and Means Committee. 20 56DD.6. (GOV: SLED - Computer/Communications Center Carry Forward) Revenue generated from the operation of the 21division’s criminal justice computer/communications center and not expended during the prior fiscal year may be carried forward 22and expended for the same purpose during the current fiscal year. 23 56DD.7. (GOV: SLED - Criminal Record Search Fee) (1) The State Law Enforcement Division shall charge and collect a fee 24of $25 for each criminal record search conducted pursuant to Regulations contained in Chapter 73, Article 3, Subarticle 1 of the 25Code of State Regulations. All revenue generated up to an amount of four million four hundred sixty-one thousand dollars 26collected from the criminal record search fee must be deposited to the General Fund of the State; any revenue generated above this 27amount shall be collected, retained, expended, and carried forward by the State Law Enforcement Division for agency operations. 28The sale or dissemination of the criminal history record database maintained by the State Law Enforcement Division is prohibited. 29The individual sale of individual criminal history records by SLED is not affected. Notwithstanding any other provision of law, 30criminal history record information, including arrest history, may be disseminated in accordance with regulations regardless of 31whether a corresponding judicial finding or disposition is part of the record. 32 (2) The fee allowed under paragraph (1) is fixed at eight dollars if the criminal record search is conducted for a charitable 33organization, a bona fide mentor, or for the use of a charitable organization. 34 The division shall develop forms on which a mentor or charitable organization shall certify that the criminal record search is 35conducted for the use and benefit of the charitable organization or mentor. For purposes of this subparagraph, the phrase 36“charitable organization” means: 1 PAGE 240 2 1 (a) an organization which has been determined to be exempt from taxation under Section 501(c)(3) of the United States 2Internal Revenue Code of 1986, as amended; 3 (b) a bona fide church, including an institution such as a synagogue or mosque; 4 (c) or volunteers of a local recreation commission; or 5 (d) an organization which has filed a statement of registration or exemption under the Solicitation of Charitable Funds Act, 6Chapter 56, Title 33 of the 1976 Code. 7 56DD.8. (GOV: SLED - Revenue Carry Forward) Notwithstanding any other provision of law, all revenue generated by SLED 8from the sale of vehicles, various equipment, gasoline, and insurance claims during the prior fiscal year may be retained carried 9forward and expended for the purpose of purchasing like items. 10 56DD.9. (GOV: SLED - Agents Operations Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, in 11Part IA, subsection 56B of the section “Agents Operations” may be carried forward and expended for the same purpose in the 12current fiscal year. 13 56DD.10. (GOV: OEPP - CCRS Significant Fiscal Impact) In accordance with Section 20-7-5240(e) of the 1976 Code, 14“significant fiscal impact” in the current fiscal year shall be defined for each designated agency as the greater of (1) funds 15appropriated by the General Assembly for the current fiscal year on cases referred to, decided or placed through the Children’s 16Case Resolution System or (2) that agency’s assigned shares in the current fiscal year of five cases decided by the Children’s Case 17Resolution System. 18 56DD.11. (GOV: SLED - Match for Federal Grants Carry Forward) State appropriations to SLED that are required to provide 19match for federal grant programs in the prior fiscal year may be carried forward into the current fiscal year and expended for the 20same purpose as originally appropriated. 21 56DD.12. (GOV: SLED-Night Telephone Operators Accommodations) The State Law Enforcement Division is hereby 22authorized to provide accommodations/utility service without any charge to night telephone operators. 23 56DD.13. (GOV: SLED - Clothing Allowance) The State Law Enforcement Division is hereby authorized to provide agents 24and criminalists with an annual clothing allowance (on a pro rata basis) not to exceed $600 per agent/criminalist for required 25clothing used in the line of duty. 26 56DD.14. (GOV: SLED - Witness Fee) The State Law Enforcement Division is hereby authorized to charge a witness fee of 27$130.00 per hour up to $1,000 per day for each employee testifying in civil matters which do not involve the State as a part in 28interest. This fee shall be charged in addition to any court prescribed payment due as compensation or reimbursement for judicial 29appearances and deposited into a designated revenue account. 30 56DD.15. (GOV: Governor’s Office Budget) All other provisions of law notwithstanding, the Office of Executive Policy and 31Programs section, the Executive Control of State section and Mansion and Grounds section shall be treated as a single budget 32section for the purpose of transfers and budget reconciliation. 33 56DD.16. (GOV: Victim Advocate Policy Committee) The policy committee appointed pursuant to Section 79.3 of the 341988-89 General Appropriations Act is hereby continued for the purpose of monitoring the implementation of the guidelines 35developed by it, making such revisions as appear appropriate, assisting and advising the director in development and revision of 36forms, information and criteria used to evaluate compliance with the guidelines by victim advocate programs in solicitor’s offices. 1 PAGE 241 2 1 The information gathered from these programs shall be aggregated by the director into the annual report of the agency which is 2submitted to the Governor, Speaker of the House of Representatives, and the President of the Senate. 3 56DD.17. (GOV: Victim Assistance Programs) It is the intent of the General Assembly that the amounts appropriated in this 4section for victim assistance programs in solicitors’ offices shall be in addition to any amounts presently being provided by the 5county for these services and may not be used to supplant funding already allocated for such services. Any reduction by any 6county in funding for victim assistance programs in solicitors’ offices shall result in a corresponding decrease of state funds 7provided to the solicitors’ office in that county for victim assistance services. Each solicitor’s office shall submit an annual 8financial and programmatic report which describes the use of these funds. The report shall be submitted to the Governor, the 9Attorney General, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee on 10October 1, for the preceding fiscal year. 11 56DD.18. (GOV: Establish Victim/Witness Program) The funds appropriated in this section for Victim/Witness Program must 12be equally divided among the judicial circuits, less any adjustments made for budget reductions. The funds for each circuit must 13be distributed to the solicitor’s office of that circuit and only used by the solicitor for the purpose of establishing a Victim/Witness 14Program in the circuit which shall provide, but not be limited to, the following services: 15 (1) Make available to victims/witnesses information concerning their cases from filing in general sessions court through 16disposition. 17 (2) Keep the victim/witness informed of his rights and support his right to protection from intimidation. 18 (3) Inform victims/witnesses of and make appropriate referrals to available services such as medical, social, counseling, and 19victims’ compensation services. 20 (4) Assist in the preparation of victims/witnesses for court. 21 (5) Provide assistance and support to the families or survivors of victims where appropriate. 22 (6) Provide any other necessary support services to victims/witnesses such as contact with employers or creditors. 23 (7) Promote public awareness of the program and services available for crime victims. 24 The funds may not be used for other victim-related services until the above functions are provided in an adequate manner. 25 56DD.19. (GOV: Victim/Witness Program Formula Distribution) If funds in the South Carolina Victims’ Compensation Fund 26exceed the amount required to operate the State Office of Victims Assistance and pay claims of crime victims the first $650,000 of 27such excess must be used for Victim/Witness programs by distribution to Judicial Circuits based on a formula and criteria 28developed by the policy committee, and otherwise subject to requirements of Section 56DD.17 and 56DD.19. 29 56DD.20. (GOV: Physical Abuse Examinations) Of the funds appropriated in this section for Victims’ Rights, up to $60,000 30may be expended for physical abuse examinations. 31 56DD.21. (GOV: Foster Care - Reduction in Funds Separation) In recognition of the fact that the funds appropriated for the 32Division of Foster Care contain both funds appropriated for use by the Division Review System and “pass through” funds 33designated for use by the South Carolina Protection and Advocacy for the Handicapped, any reduction in funds appropriated for 34either shall be calculated based upon the separate funds for the respective entities rather than based upon the combined budget of 35the two organizations. 1 PAGE 242 2 1 56DD.22. (GOV: Foster Care - Private Foster Care Reviews) The Division of Foster Care is authorized to restructure its 2programs, including but not limited to, suspending reviews of children privately placed in private foster care and/or changing the 3location of reviews of children in public foster care, to maintain continuous operations within existing resources as dictated by 4recent budget reductions. These decisions must be based upon the availability of existing funds. This provision supersedes any 5previous statutory or regulatory mandate. 6 56DD.23. (GOV: Foster Care - Medicaid Eligible Children) It is the intent of the General Assembly to ensure that placements 7of emotionally disturbed Medicaid eligible individuals under the age of twenty-one in residential therapeutic treatment are 8appropriate and that the level of care provided each child is offered in the least restrictive environment appropriate to meet the 9child’s treatment needs. The statutory powers and functions of the Division of Foster Care are expanded to develop, implement, 10and manage a quality assurance review system under contract with the Department of Health and Human Services. This paragraph 11supersedes any previous statutory or regulatory mandate. 12 56DD.24. (GOV: OEPP - Federal, Other Flow Through Funds) In order to complete projects begun in a prior fiscal year, the 13Governor’s Office is authorized to expend federal and earmarked funds in the current fiscal year for expenses incurred in the prior 14fiscal year. 15 56DD.25. (GOV: SLED - Concealed Weapon Permit) The State Law Enforcement Division shall collect, retain and carry 16forward all fees associated with the Concealed Weapon Permit program. 17 56DD.26. (GOV: SLED - Commissioned Officers’ Physicals) The department is authorized to pay for the cost of physical 18examinations for department personnel who are required to receive such physical examinations prior to receiving a law 19enforcement commission. 20 56DD.27. (GOV: SLED - Detective/Security Fee) The State Law Enforcement Division is hereby authorized to charge and 21collect additional license and registration fees for private detective businesses, private security businesses, including employees of 22these businesses, and companies which provide private security on their own premises. The funds generated will be transmitted to 23the Department of Public Safety and used for the purpose of providing additional security in the Capitol Complex area. 24 56DD.28. (GOV: SLED - Meals in Emergency Operations) The State Law Enforcement Division may provide meals to 25employees of SLED who are not permitted to leave assigned duty stations and are required to work during deployment, emergency 26simulation exercises and when the Governor declares a state of emergency. 27 56DD.29. (GOV: SLED - Hazardous Materials Security Detail) The State Law Enforcement Division (SLED) is authorized to 28be reimbursed for security related law enforcement services provided to entities authorized to transport sensitive materials within 29the borders of South Carolina. SLED shall determine all costs associated with security details and is authorized to coordinate the 30collection, retention, and distribution to any assisting agency. SLED and each assisting agency shall expend any funds associated 31with minimizing risks related to the transportation of these hazardous materials for the implementation of homeland security 32initiatives. 33 56DD.30. (GOV: SLED - Sex Offender Registry Fee) Each Sheriff is authorized to charge and collect an annual amount of one 34hundred fifty dollars from each sex offender required to register by law. If such sex offender has been declared indigent by the 35Clerk of Court Sheriff of the county in which the offender must register and provides proof of the declaration at the time of 36registration, the fee will automatically be waived. If an offender is not declared indigent and fails to pay the fee, he is officially 1 PAGE 243 2 1declared unregistered. This fee shall be equally divided between the Sheriffs and the State Law Enforcement Division with one 2hundred dollars of the fee retained by the Sheriffs and the remaining fifty dollars remitted by the Sheriffs to SLED on a quarterly 3basis. Sheriffs shall remit the appropriate portion of these funds to SLED on a quarterly basis. These funds must be used to 4support the Statewide Sex Offender Registry. 5 56DD.31. (GOV: SLED - Private Detective Fees Criminal History Checks) The State Law Enforcement Division is authorized 6to charge private detective companies, individual private detectives, private security companies, armed security guards, and 7proprietary security companies an additional fee of twenty-five dollars to process state criminal history checks and fifty dollars for 8federal fingerprint based criminal history checks. These funds shall be collected, retained, expended and carried forward by the 9State Law Enforcement Division. 10 56DD.32. (GOV: SLED - Compliance/Underage Alcohol/Tobacco Enforcement) Notwithstanding any other provision of law, 11all initial alcoholic liquor, beer and wine license application fees shall be increased by one hundred dollars, all biennial alcoholic 12liquor, beer and wine beverage fees and licenses shall be increased by two hundred dollars, and all local operation permit fees shall 13be increased by fifty dollars. These additional funds shall be collected by the Department of Revenue and as soon as practicable 14allocated to the State Law Enforcement Division to offset the costs of inspections, investigations, and enforcement. SLED is 15authorized to receive, expend and carry forward these funds. 16 56DD.33. (GOV: SLED - CWP Instructors Certification) The State Law Enforcement Division is authorized to charge one 17hundred dollars for the issuance of a Certified Concealable Weapons Permit Instructor certificate, and one hundred dollars every 18three years for each renewal. These funds shall be collected, retained, expended and carried forward by the State Law Enforcement 19Division. 20 56DD.34. (GOV: SLED - Coin Operated Device Enforcement) The Department of Revenue is authorized to assess an 21additional fee of fifty dollars on each Class Two coin operated machine license authorized in Section 12-21-2720. These funds 22shall be collected by the Department of Revenue and sent to the State Law Enforcement Division to offset the cost of video gaming 23enforcement. The State Law Enforcement Division shall retain, expend, and carry forward these funds. 24 56DD.35. (GOV: M&G - Mansion and Grounds Budget) The Governor’s Office of Mansion and Grounds shall not exceed 2510% of its quarterly allocation of funds so as to provide for agency operations on a uniform basis throughout the fiscal year. 26 56DD.36. (GOV: SLED - Expungement Requests) The State Law Enforcement Division is authorized to collect a twenty-five 27dollar expungement fee for each request to expunge criminal records. These funds shall be used to offset the operational and 28research expenses associated with processing these expungement requests. SLED is authorized to collect, retain, expend, and carry 29forward these funds. Persons found not guilty by a court of competent jurisdiction or where charges have been dismissed or nolle 30prossed shall be excluded from the fee requirement. 31 56DD.37. (GOV: SLED - Retention of Funds Reimbursed by State or Federal Agencies) The State Law Enforcement Division is 32authorized to collect, expend, retain, and carry forward all funds received from other state or federal agencies in the current fiscal year 33as reimbursement of expenditures incurred in the current or prior fiscal year. 34 56DD.38. (GOV: OEPP - Guardian Ad Litem Program) Both the program and the funds appropriated to the Governor’s Office, 35Division of Children’s Services, Guardian ad Litem Program must be administered separately from other programs within the 36Division of Children’s Services and must be expended for the exclusive use of the Guardian ad Litem Program. 1 PAGE 244 2 1 For the current fiscal year, the Department of Revenue is directed to reduce the rate of interest paid on eligible refunds by two 2percentage points. The revenue resulting from this reduction must be used exclusively for operations of the Guardian ad Litem 3program. The Guardian ad Litem program may carry forward the other funds authorized herein for its operations from the prior 4fiscal year into the current fiscal year. 5 56DD.39. (GOV: OEPP - Continuum of Care Carry Forward) The Division of Continuum of Care may carry forward funds 6appropriated herein to continue services. 7 56DD.40. (GOV: SLED - Monies Associated with Illegal Gaming Devices) The State Law Enforcement Division is authorized 8to retain, expend, and carry forward all monies associated with illegal gaming devices seized by the division, once orders of 9destruction and awarding of these monies have been received from a court of competent jurisdiction. 10 56DD.41. (GOV: OEPP - Procuring Services) In order to maximize services for victims of crime, if the fulfilling of 11requirements pursuant to Section 16-3-1410 of the 1976 Code, necessitates hiring any outside entities, the State Office of Victims’ 12Assistance must follow procedures established by the SC Consolidated Procurement Code. Any entity contracting with the agency 13will submit an annual report by August 1 to the Governor's Office and to the Chairmen of the Senate Finance Committee and 14House Ways and Means Committee detailing expenditures from the prior fiscal year in accordance with the State Office of 15Victims’ Assistance. The Governor's Office of Executive Policy and Programs is directed to transfer $122,032 of the funds carried 16forward from the prior fiscal year in the Victims’ Compensation Fund, and up to $41,892 from general funds from Program III.A.1 17to pay for any contracts or services procured. 18 56DD.42. (Gov: OEPP Anderson Veteran’s Cemetery Carry Forward) The Governor’s Office of Executive Policy and 19Programs, Veteran’s Affairs Program may carry forward unexpended funds appropriated and/or authorized for the Anderson 20County Veteran’s Cemetery from the prior fiscal year and shall use such funds for the same purpose. 21 22SECTION 57 - E04 - LIEUTENANT GOVERNOR’S OFFICE 23 24 57.1. (LTG: Personnel Administration Exemption) The staff of the Lieutenant Governor’s Office who report directly to the 25Lieutenant Governor shall be exempt from the provisions of Article 3, Chapter 11, Title 8 of the 1976 Code of Laws, as amended. 26In addition, to the extent provided in proviso 72.61, the staff of the Lieutenant Governor’s Office shall be exempt from the 27provisions of Article 5, Chapter 17, Title 8 of the 1976 Code of Laws, as amended. 28 57.2. (LTG: Division on Aging Transfer) Notwithstanding any other provision of law, the duties, functions and responsibilities 29of the Division on Aging are transferred from the Department of Health and Human Services to the Office of the Lieutenant 30Governor as the Office on Aging. A director must be employed to be the administrator of the office. 31 57.3. (LTG: State Matching Funds Carry Forward) Any unexpended balance on June 30 of the prior fiscal year of the required 32state matching funds appropriated in Part IA, Section 57, Distribution to Subdivisions, shall be carried forward into the current 33fiscal year to be used as required state match for federal funds awarded to subdivisions on or before September 30 of the current 34fiscal year. 35 57.4. (LTG: State Match Funding Formula) Of the state funds appropriated under “Distribution to Subdivisions”, the first 36allocation by the Office on Aging shall be for the provision of required State matching funds according to the Office on Aging 1 PAGE 245 2 1formula for distributing Older Americans Act funds. The balance of this item shall be distributed to the planning and service areas 2of the State. In the event state appropriations are reduced, reductions to the planning and service areas shall be based on amounts 3distributed in accordance with the previous requirements. 4 57.5. (LTG: Registration Fees) The Office on Aging is authorized to receive and expend registration fees for educational, 5training and certification programs. 6 57.6. (LTG: Loan Forgiveness Carry Forward) Any unexpended balance on June 30 of the prior fiscal year of funds 7appropriated in Part IA, Section 57, Geriatric Physician Loan Program, shall be carried forward and used for the same purpose as 8originally appropriated. 9 57.7. (LTG: Council Meeting Requirements) The duties and responsibilities, including the statutory requirement to hold 10meetings of the Coordinating Council established pursuant to Section 43-21-120 and of the Long Term Care Council established 11pursuant to Section 43-21-130, both under the Office on Aging in the Office of the Lieutenant Governor, are suspended for Fiscal 12Year 2006-07 2007-08. 13 57.8. (LTG: Home and Community Based Services Carry Forward) Unexpended funds from appropriations to the Lieutenant 14Governor’s Office on Aging for Home and Community Based Services shall be carried forward from the prior fiscal year and used 15for the same purpose. 16 17SECTION 58 - E08 - SECRETARY OF STATE’S OFFICE 18 19 58.1. (SS: Charitable Funds Solicitation - Fire Dept/Rescue Squads) A fire department or rescue squad conducting or intending 20to conduct a professional solicitation of charitable funds may comply with the registration and fee requirements of Chapter 56, 21Title 33 of the 1976 Code if the local governing body having jurisdiction over that department or squad and other departments or 22squads in its area singly registers the multiple departments or squads annually and pays a single annual registration fee to the 23Secretary of State of fifty dollars pursuant to Section 33-56-30. The single annual registration and fee payment of fifty dollars 24effectively registers all fire departments and rescue squads within the jurisdiction of the local governing body. 25 58.2. (SS: UCC Filing Fees) Revenues from the fees raised pursuant to Section 36-9-525(a), not to exceed $120,000, may be 26retained by the Secretary of State for purposes of UCC administration. 27 28SECTION 59 - E12 - COMPTROLLER GENERAL’S OFFICE 29 30 59.1. (CG: Signature Authorization) The Comptroller General is hereby authorized to designate certain employees to sign, in 31his stead, warrants drawn against the State Treasurer and the State Treasurer is hereby authorized to accept such signatures when 32notified by the Comptroller General. This provision shall in no way relieve the Comptroller General of responsibility. 33 59.2. (CG: GAAP Implementation & Refinement) It is the intent of the General Assembly that the State of South Carolina issue 34financial statements in conformance with Generally Accepted Accounting Principles (GAAP). To this end, the Comptroller 35General is directed, as the State Accounting Officer, to maintain a Statewide Accounting and Reporting System that will result in 36proper authorization and control of agency expenditures, including payroll transactions, and in the preparation and issuance of the 1 PAGE 246 2 1official financial reports for the State of South Carolina. Under the oversight of the General Assembly, the Comptroller General is 2given full power and authority to issue accounting policy directives to state agencies in order to comply with GAAP. The 3Comptroller General is also given full authority to conduct surveys, acquire consulting services, and implement new procedures 4required to implement fully changes required by GAAP. 5 59.3. (CG: Payroll Deduction Processing Fee) There shall be a fee for processing payroll deductions, not to exceed 10 cents, for 6insurance plans, credit unions, deferred compensation plans and professional associations per deduction per pay day. This fee shall 7not be applied to charitable deductions. The Comptroller General is authorized to charge a reasonable fee to the South Carolina 8Lottery Commission for the purpose of payroll processing not to exceed $30,000 annually. The revenues generated from these fees 9and those provided for child support deductions in accordance with Section 20-7-1315(F)(3), S. C. Code of Laws, 1976, as 10amended, may be used to support the operations of the Comptroller General’s Office and any unexpended balance may be carried 11forward from the prior fiscal year to the current fiscal year and utilized for the same purposes. 12 59.4. (CG: Payroll System Modifications for State Optional Retirement Program) The Comptroller General is hereby directed 13to contract on mutually agreeable terms with the South Carolina Retirement System to modify the State’s payroll and accounting 14systems to accommodate the requirements of the State Optional Retirement Program. The Comptroller General’s Office is 15authorized to seek cost reimbursement by charging the Retirement System reasonable fees for systems modifications associated 16with this contract, not to exceed $200,000. The cost reimbursement may be used to support the operations of the Comptroller 17General’s Office and any unexpended fund balance may be carried forward if necessary to complete the project. 18 59.5. (CG: Unemployment Compensation Fund Administration) The lesser of two percent or $200,000 of the fund balance of 19the Unemployment Compensation Fund shall be paid out annually to the Comptroller General’s Office to be used by that agency to 20recover the costs of administering the fund. The Unemployment Compensation Fund is provided for in Section 41-31-820, S. C. 21Code of Laws, 1976, as amended. Any unexpended balance may be carried forward from the prior fiscal year to the current fiscal 22year and used for the same purposes. 23 59.6. (CG: Suspension of Withholding) Counties and municipalities receiving revenues from state aid, described in Part IA of 24this act as "aid to subdivisions", shall submit to the State Budget and Control Board, Office of Research and Statistics, Economic 25Research Section, a financial report detailing their sources of revenue, expenditures by category, indebtedness, and other 26information as the Economic Research Section requires. The Economic Research Section shall determine the required content and 27format of the annual financial report. The financial report for the most recently completed fiscal year must be submitted to the 28Economic Research Section by November fifteenth of each year. If an entity fails to file the financial report by November 29fifteenth, then the chief administrative officer of the entity must be notified in writing that the entity has thirty days to comply with 30the requirements of this paragraph. The Director of the Office of Research and Statistics, for good cause, may grant a local entity 31an extension of time to file the annual financial report. Notification by the Director of the Office of Research and Statistics to the 32Comptroller General that an entity has failed to file the annual financial report thirty days after written notification to the chief 33administrative officer of the entity must result in the withholding of ten percent of subsequent payments of state aid to the entity 34until the report is filed. The Economic Research Section is responsible for collecting, maintaining, and compiling the financial 35data provided by the counties and municipalities in the annual financial report required by this paragraph. 1 PAGE 247 2 1 59.7. (CG: Purchasing Card Rebate Program) The Comptroller General’s Office is authorized to retain the first $50,000 of 2rebate associated with the Purchasing Card Program. In addition, the Comptroller General’s Office shall be authorized to retain a 3portion of the increase, if any, in Purchasing Card Program rebates which exceeds the average of the corresponding rebates 4received by the general fund during the last three fiscal years, provided that the general fund and the Comptroller General’s Office 5shall share equally any such increase in rebates. The Comptroller General’s Office total share of such increase shall not exceed 6$150,000. The funds retained shall be used by the Comptroller General’s Office to produce increased statewide use of the 7Purchasing Card Program while developing stronger safeguards against improper use. These funds shall not be used for any 8purpose other than for the Purchasing Card Program. Any However, unexpended retained amounts may shall be carried forward 9into the current fiscal year and must be used for the SCEIS program. 10 11SECTION 60 - E16 - STATE TREASURER’S OFFICE 12 13 60.1. (TREAS: Nat’l. Forest Fund - Local Govt. Compliance) In order to conform to federal requirements local governments 14receiving distributions of National Forest Fund revenues are required to report annually to the State Treasurer indicating 15compliance with authorized purposes. 16 60.2. (TREAS: STARS Approval) Decisions relating to the Statewide Accounting and Reporting System (STARS) which 17involve the State Treasurer’s Banking Operations and other functions of the State Treasurer’s Office shall require the approval of 18the State Treasurer. 19 60.3. (TREAS: Investments) The State Treasurer may pool funds from accounts for investment purposes and may invest all 20monies in the same types of investments as set forth in Section 11-9-660. 21 60.4. (TREAS: Management Fees) The State Treasurer is authorized to charge a fee for the operating and management costs 22associated with the Local Government Investment Pool, the Deferred Compensation Program, the Tuition Prepayment Program, 23and the College Investment Program and is further authorized to retain and expend the fees to provide these services. The fees 24assessed may not exceed the cost of the provision of such services. 25 60.5. (TREAS: Assessments & Filing Fees) The State Treasurer shall retain an amount equal to one percent of that portion of 26assessments in Municipal, Magistrate, Family, and General Sessions Courts and filing fees in courts of record which must be 27credited to the General Fund of the State and require that those retained revenues must be used for training local governments and 28to defray the administrative expenses of the collection and distribution of these revenues. Further, the State Treasurer’s Office 29shall identify any jurisdiction that it believes is not timely transmitting assessments and filing fees required to be paid to the State 30Treasurer and follow-up with the County Treasurer to determine why the appropriate amounts have not been remitted. 31 60.6. (TREAS: Unclaimed Property) Notwithstanding Section 27-18-190(A) the State Treasurer shall only be required to 32publish a notice not later than April thirtieth of the year immediately following the report required by Section 27-18-180 by 33electronic means in this State or at least once in a newspaper of general circulation in the county of this State in which is located 34the last known address of any person named in the notice. 35 60.7. (TREAS: Investment Management Fees) Unless otherwise prohibited by law, the State Treasurer may charge a fee for the 36operating and management costs associated with the investment management of various state funds and programs, and further, may 1 PAGE 248 2 1retain and expend the fees to provide these services. The fees assessed may not exceed the lesser of (a) 0.02 percent of the funds 2managed or (b) the actual cost of the provision of these services. Fees assessed shall not exceed the earnings on these investments. 3 60.8. (TREAS: Electronic Publication of Financial Institutions Cash) Notwithstanding Section 11-5-120, the State Treasurer 4shall publish quarterly, by electronic means and in a manner that allows for public review, a statement showing the amount of 5money on hand and in what financial institution it is deposited and the respective funds to which it belongs. 6 60.9. (TREAS: Debt Management Cost Allocation) Unless otherwise prohibited by law, the State Treasurer may charge actual 7costs associated with the administration and management of the indebtedness of the State, its agencies and institutions, and further, 8may retain and expend any amounts so allocated to provide these services. Costs associated with the original issuance of bonds 9and other indebtedness must be assessed on an hourly basis, must be taken from the costs of issuance of any bond issue or other 10indebtedness, and must not exceed the actual cost of providing these services. Ongoing costs of administration and maintenance 11must be assessed against expenses of debt service, and must not exceed the actual costs of providing these services. 12 60.10. (TREAS: ScienceSouth) The State Treasurer’s Office is directed to transfer $500,000 from Subfund 4019 Governor’s 13Teaching School Loan Program to ScienceSouth for the training of public school teachers in science curriculum standards through 14grade-specific, standards-based instructional activities. Funds transferred to ScienceSouth may be carried forward. 15 60.11. (TREAS: Withheld Accommodations Tax Revenues) Revenues withheld pursuant to Sections 6-4-35(B)(1)(a) and 166-4-35(B)(1)(b) prior to July 1, 2006 must be returned to the entity from which revenues were withheld, in the same amount and 17manner that they were withheld. After July 1, 2006, before noncompliant expenditures and penalties withheld pursuant to Sections 186-4-35(B)(1)(a) and 6-4-35(B)(1)(b) are reallocated, the Tourism Expenditure Review Committee must certify to the State 19Treasurer’s Office that the time period for an appeal of the committee’s action to the Administrative Law Judge Division has 20expired or that the action of the committee has been upheld or overturned by the Administrative Law Judge Division. 21Noncompliant expenditures and penalties withheld must be reallocated annually after August 1. Allocations withheld must be 22reallocated proportionately based on the most recent completed fiscal year’s total statewide collections of the accommodations tax 23revenue according to the State Treasurer’s Office records. Each annual reallocation of withheld funds to non-offending counties 24and municipalities must be calculated separately then combined if necessary. Each reallocation to a county or municipality 25calculated less than a dollar must be transferred to the General Fund of the State. 26 60.12 . (TREAS: Unclaimed Property Compliance Efforts) The disclosures permitted under Section 12-54-240(B) of the 1976 27Code by the Department of Revenue shall include any information to the State Treasurer necessary for the administration and 28enforcement of the Uniform Unclaimed Property Act. 29 60.13. (TREAS: Tuition Prepayment Program) The South Carolina Tuition Prepayment Program shall not accept any new 30enrollment for Fiscal Year 2007-08. Beginning with the current fiscal year, the increase in the average tuition from the 2006-07 31level cannot exceed seven percent on an annual basis. To the extent that actual tuition exceeds the average tuition as calculated in 32this proviso, colleges and universities must grant a waiver of the difference to the designated beneficiary and shall not pass along 33this difference to any student. 34 1 PAGE 249 2 1SECTION 60A - E19 - RETIREMENT SYSTEM INVESTMENT COMMISSION 2 3 60A.1. (RSIC: New Positions) The new full-time equivalent positions authorized in Part IA, Section 60A shall not be 4implemented prior to evaluation by the Retirement System Investment Commission. The commission must review and approve the 5allocation of the positions authorized herein prior to hiring. 6 7SECTION 61 - E24 - ADJUTANT GENERAL’S OFFICE 8 9 61.1. (ADJ: Unit Maintenance Funds) Notwithstanding any other provision of law, the funds appropriated as unit maintenance 10funds shall be distributed to the various National Guard units at the direction of the Adjutant General. 11 61.2. (ADJ: Revenue Collections) All revenues collected by National Guard units from county and city appropriations, vending 12machines, rental of armories, court martial fines, federal reimbursements to armories for utility expenses, and other collections may 13be retained and expended in its budgeted operations. 14 61.3. (ADJ: Rental Fee for Election Purposes) The maximum fee that an armory may charge for the use of its premises for 15election purposes shall be the cost of providing custodial services, utilities and maintenance. 16 61.4. (ADJ: Parking Lot Revenues) Notwithstanding other provisions of this act, as a security measure for the State Military 17Department’s headquarters building and grounds, the Adjutant General may control and contractually lease the headquarters’ 18building parking facilities, during events at the University of South Carolina’s Williams-Brice Stadium, to a state chartered and 19federally recognized 501(c)(4) tax exempt agency employees’ association who may then sub-lease individual parking spaces. Such 20a contract must require the employees association to obtain liability insurance against wrongful death or injury. The contract must 21clearly hold the Adjutant General’s Office, its officers, and the State of South Carolina harmless from any liability resulting from 22the use of the parking lot when rented by the employees association. In addition, the contract must specify that the State of South 23Carolina’s Military Department shall receive no less than thirty-three percent of the gross profits from the sub-leasing of the 24parking spaces. The contract must allow the State to audit the employees association’s funds. Funds at the Adjutant General’s 25Office derived wholly from the rental of Adjutant General’s headquarters’ parking lot may be retained at the Adjutant General’s 26Office, but may not be used for employee perquisites. 27 61.5. (ADJ: Armory Rental Program) The Adjutant General is authorized to develop and implement an armory rental program 28to recoup costs associated with the use of armories by state agencies or other non-Guard organizations. The rental program must 29be uniform in its application to the maximum extent possible. Funds generated by this program may be retained and expended for 30armory maintenance and operations. 31 61.6. (ADJ: Meals in Emergency Operations Centers) The cost of meals, or the advanced purchase of food products to be 32 stored and prepared for meals, may be provided to state employees who are required to work at the State Emergency Operations 33Centers during actual emergencies and emergency simulation exercises when they are not permitted to leave their stations. 34 61.7. (ADJ: Educational Seminar Revenue) All revenue earned from educational seminars shall be retained by the agency to be 35used for the printing of materials and other expenses related to conducting the seminars. The balance of funds shall be reported 36annually to the General Assembly. 1 PAGE 250 2 1 61.8. (ADJ: Retention of Lease Property Revenue) The Adjutant General is authorized to lease the property formerly referred to 2as the Combined Support Maintenance Shop and can retain revenue collected from this lease program. Funds generated by this 3program may be retained and expended for maintenance, renovation and construction of armory properties covered under the 4Federal Installation Stationing Plan (FISP) as authorized by the Adjutant General or Deputy Adjutant General for state operations. 5 61.9. (ADJ: Billeting and Dining Facility Operations) All revenues collected by the Billeting and Dining Facility operations at 6the R. L. McCrady Training Center shall be retained and expended in their budgeted operations or be expended in support of 7Armory maintenance or operations. Expenditures from these funds shall be determined by the Billeting Committee for Billeting 8operations and the Deputy Adjutant General for state operations for the Dining Facility operation. 9 61.10. (ADJ: EMD Compensatory Payment) In the event a State of Emergency is declared by the Governor, exempt employees 10of the Emergency Management Division may be paid for actual hours worked in lieu of accruing compensatory time, at the 11discretion of the Agency Director, and providing funds are available. 12 61.11. (ADJ: Civil Air Patrol) The funds appropriated in this section for the Civil Air Patrol shall be expended by the Civil Air 13Patrol so as to discharge the state's obligations in conjunction with the Civil Air Patrol as outlined in the SARDA Plan, the S. C. 14Operational Radiological Emergency Response Plan, and to assist county and local authorities and other state agencies as permitted 15by the regulations governing the Civil Air Patrol. All expenditures for equipment and services shall be in accordance with state 16fiscal policies. 17 61.12. (ADJ: Citadel-S.C. National Guard Readiness Center) The $2,500,000 appropriated herein to the Adjutant General’s 18Office for the Citadel-South Carolina National Guard Readiness Center shall be used to ensure the construction schedule is 19maintained without interruption due to the federal budget cycle. In the event additional federal funds are received for this project 20which, when combined with the $2,500,000 general fund appropriation would bring the total additional amount to $5,000,000 or 21 more, the Adjutant General’s Office shall return an equivalent amount of general funds, up to $2,500,000, to the General Fund of 22the State. The Adjutant General’s Office shall notify the Chairman of the Senate Finance Committee and the Chairman of the 23House Ways and Means Committee of such action. 24 25SECTION 62 - E28 - ELECTION COMMISSION 26 27 62.1. (ELECT: County Registration Board and County Election Commission Compensation) The amounts appropriated in this 28section for “County Registration Board Members and County Election Commissioners,” shall be disbursed annually to the County 29Treasurer at the rate of $1,500 for each member, not to exceed $12,500 per county. The County Treasurer shall use these funds 30only for the compensation of County Registration Board Members and County Election Commissioners. Any funds not used for 31this purpose shall be returned to the State Treasurer. These funds are exempted from mandated budget reductions. In addition, in 32the calculation of any across the board agency base reductions mandated by the Budget and Control Board or the General 33Assembly, the amount of funds appropriated for compensation of County Registration Board Members and County Election 34Commissioners shall be excluded from the agency’s base budget. 35 62.2. (ELECT: Elections Managers & Clerks Per Diem) Managers and clerks of state and county elections shall receive a per 36diem of $60.00; but managers shall not be paid for more than two days for any election and clerks for not more than three days for 1 PAGE 251 2 1any election. The commission may adjust the per diem of $60.00 for the managers and clerks of the statewide election to a higher 2level only to the extent that the appropriation for the statewide election is sufficient to bear the added cost of increasing the per 3diem and the cost of the statewide election. Up to three additional managers per county may be appointed to assist county 4registration boards with the absentee/fail safe voting process prior to, on election day, and immediately following statewide 5elections. Managers assisting the registration board in the absentee/fail safe process may receive a per diem of $60.00 per day for 6not more than a total of fifteen days regardless of whether one, two, or three additional managers are used. 7 62.3. (ELECT: Board of State Canvassers Compensation) $100.00 additional compensation per day may be paid to each 8member of the Board of State Canvassers up to a total of 15 days that may be required for hearings held by the members of the 9Board of State Canvassers. 10 62.4. (ELECT: Sale of Lists Revenue Carry Forward) Any revenue generated from the sale of election lists may be retained and 11expended by the South Carolina Election Commission to reimburse the State Budget and Control Board, Division of Operations, 12for the printing of such lists and to pay expenses of postage and shipment of these lists to electors who purchase them. After such 13reimbursement has been made an amount, not to exceed $400,000, shall be used for nonrecurring expenses in conjunction with 14extraordinary special election and legal costs and costs for upgrading the Statewide Voter Registration System. Any balance in the 15Sale of Lists Account on June 30, of the prior fiscal year may be carried forward and expended for the same purposes during the 16current fiscal year. 17 62.5. (ELECT: Budget Reduction Exemption) Funds appropriated for nonrecurring general and primary election expenses are 18exempted from mandated across the board reductions. In addition, in the calculation of any across the board agency base 19reductions mandated by the Budget and Control Board or the General Assembly, the amount of funds appropriated for 20nonrecurring primary and general election expenses shall be excluded from the agency’s base budget. 21 62.6. (ELECT: Primary and General Election Carry Forward) Filing fees received from candidates filing to run in statewide or 22special primary elections may be retained and expended by the State Election Commission to pay for the conduct of primary 23elections. Any balance in the filing fee accounts on June 30, of the prior fiscal year may be carried forward and expended for the 24same purposes during the current fiscal year. In addition, any balance in the Primary and General Election Accounts on June 30, of 25the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year. 26 62.7. (ELECT: Training & Certification Program) All members and staff of County Boards of Voter Registration and County 27Election Commissions will receive a common curriculum to include core courses on the duties and responsibilities of county 28registration boards and county election commissions and electives to promote quality service and professional development. The 29State Election Commission shall make these courses available in various locations, including but not be limited to, the upstate, 30coastal, and midlands areas of the state. Up to $35,000 of revenue generated by charging a fee to attend these courses may be 31retained and expended by the South Carolina Election Commission to help cover the cost of providing the training. Any balance in 32the training and certification account on June 30, of the prior fiscal year may be carried forward and expended for the same purpose 33during the current fiscal year. 34 The State Election Commission is required to withhold the stipend of members who do not complete the training and 35certification program as required in Sections 7-5-10, 7-5-35 and 7-13-70 of the 1976 Code. Additionally, funds will also be 36withheld if a board or commission member completes the training and certification program, but fails to complete at least one 1 PAGE 252 2 1training course per year. The board or commission member and members of that county’s legislative delegation will be notified of 2the withholding of the stipend and the requirements needed to bring the member into compliance with the law. Funds will be 3retained by the State Election Commission until the board or commission member has completed the program or completes the 4training course required for continuing education. If a board or commission member cannot complete the program or complete 5the required continuing education due to extenuating circumstances, the board or commission member must submit a written 6request to the county legislative delegation for approval or funds will continue to be withheld as described in this proviso. If a 7board or commission member does not become compliant with the law within eighteen months of initial notification of stipend 8withholding, the county’s legislative delegation must replace that person on the board or commission. 9 62.8. (ELECT: Penalty for Late Submission of Reimbursable Expenses) In the event that a county submits reimbursable 10election expenses to the Commission for payment more than thirty (30) days after the election is held, the Commission may deduct 11a penalty of ten (10) percent of the late-submitted amount. The county is responsible for payment of this amount. If the 12Commission finds good reason for such late submission, the penalty may be waived. The Election Commission shall be authorized 13to expend funds appropriated/ authorized in the current fiscal year to pay election expenses incurred by a county in the prior fiscal 14year. 15 62.9. (ELECT: Election Support Services) The State Election Commission provides election support services to county election 16commissions by providing election databases and ballots. Up to $100,000 of revenue generated by charging a fee for these 17services may be retained and expended by the South Carolina Election Commission to help cover the costs of providing election 18support services. 19 62.10. (ELECT: Help America Vote Act) Of funds appropriated to the commission for primary and general elections, the 20commission shall utilize any excess funds to match the Help America Vote Act program to the greatest extent possible, and also 21ensure compliance with the Uniformed and Overseas Citizens Absentee Voting Act of 1986. 22 62.11. (ELECT: HAVA Carry Forward) The Election Commission shall be authorized to carry forward unexpended Help 23America Vote Act funds into the current fiscal year and to use these funds for the same purpose. 24 62.12. (ELECT: Security Plan) DELETED 25 62.13. (ELECT: Maintenance of Effort) Of funds appropriated to the State Election Commission for the purposes of 26“Maintenance of Effort,” a portion must be used to conduct a timely reconciliation of voter registration files maintained by the 27State Election Commission. 28 62.14. (ELECT: 2008 Presidential Preference Primary) (A) For the 2008 election cycle, if the state committee of a certified 29 political party which received at least five percent of the popular vote in South Carolina for the party ’ s candidate for President of 30 the United States in the last Presidential election determines to hold a state - run presidential preference primary election, the State 31Election Commission shall conduct the presidential preference primary in accordance with the provisions of this paragraph, Title 327 of the 1976 Code, and party rules, mutatis mutandis. A registered elector may cast a ballot in only one presidential preference 33primary. However, notwithstanding any other provision of Title 7 of the 1976 Code, (1) the State Election Commission and the 34 authorities responsible for conducting the elections in each county shall provide for cost - effective measures in conducting the 35presidential preference primaries including, but not limited to, combining polling places, while ensuring that voters have adequate 36notice and access to the polling places; and (2) the state committee of the party shall set the date and the filing requirements, 1 PAGE 253 2 1 including a certification fee. Political parties shall verify the qualifications of candidates before certifying to the State Election 2Commission the names of candidates to be placed on primary ballots. The written certification required by this section must 3contain a statement that each certified candidate meets, or will meet by the time of the general election, or as otherwise required 4by law, the qualifications in the United States Constitution, statutory law, and party rules to participate in the presidential 5preference primary for which the candidate has filed. Political parties shall not certify any candidate who does not or will not by 6the time of the general election meet the qualifications in the United States Constitution, statutory law, and party rules for the 7 presidential preference primary for which the candidate desires to file, and that candidate ’ s name must not be placed on a primary 8ballot. Political parties may charge a certification fee to persons seeking to be candidates in the presidential preference primary 9for the political party. A filing fee not to exceed twenty thousand dollars, as determined by the State Election Commission, for 10each candidate certified by a political party must be transmitted by the respective political party to the State Election Commission 11and must be used for conducting the presidential preference primaries. 12 (B) The political party shall give written notice to the State Election Commission of the date set for the party’s presidential 13preference primary no later than ninety days before the date of the primary. 14 (C) Nothing in this paragraph prevents a political party from conducting a presidential preference primary for the 2008 15 election cycle pursuant to Section 7 - 11 - 25 of the 1976 Code. 16 17SECTION 63 - F03 - BUDGET AND CONTROL BOARD 18 19 63.1. (BCB: Civil Contingent Fund - Disbursements) The Civil Contingent Fund, appropriated in Section 63 of this section 20shall be expended only upon unanimous approval of the State Budget and Control Board, and upon warrant requisitions signed as 21directed by the State Budget and Control Board, to meet emergency and contingent expense of the State Government. None of the 22Civil Contingent Fund shall be used to increase the salary of any state employee. 23 63.2. (BCB: Brandenburg Coordination Committee) The funds appropriated in this section for the Brandenburg Coordination 24Committee are to be spent in support of cultural, educational, agricultural, scientific, governmental or business exchanges and 25agreements between South Carolina and the sister state of Brandenburg, Germany and related German interests. The Budget and 26Control Board Commission on International Cooperation and Agreements will report to the Governor, the Chairmen of the Senate 27Finance Committee, and the House Ways & Means Committee detailing such activities. 28 63.3. (BCB: BCB Realignment) The Budget and Control Board shall be authorized to realign its detailed budget to reflect 29actual agency operations. However, any Any reorganization or restructuring between divisions offices of the board must receive 30prior approval from the General Assembly either by joint resolution or statutory authorization before implementation. Further, any 31reduction in force must receive prior approval from the General Assembly either by joint resolution or statutory authorization 32before implementation. Where a proviso contained in the appropriations bill for the current year references either an Office or 33Division of the Budget and Control Board, the Office of State Budget is directed to change that reference to “Budget and Control 34Board”. 35 63.4. (BCB: Southern Maritime Collection) The Budget and Control Board, on behalf of the Hunley Commission is authorized 36to expend funds appropriated for such purpose to pay the outstanding note entered into to finance the purchase of the Southern 1 PAGE 254 2 1Maritime Collection and the Hunley Commission will assume custody and management of the Collection for the State. The board 2is authorized to use up to $500,000 of the funds transferred for implementation of this proviso. The balance of the funds 3transferred may be used by the board for costs associated with other Museum operations. The General Assembly will provide for 4funds in future fiscal years to cover the costs of the financing of the Southern Maritime Collection. 5 63.5. (BCB: Procurement of Art Objects) Before any governmental body, with the exception of the South Carolina Museum 6Commission, the Budget and Control Board and the South Carolina Hunley Commission as defined under the South Carolina 7Consolidated Procurement Code, procures any art objects such as paintings, antiques, sculptures, or similar objects above $1,000, 8the head of the Purchasing Agency shall prepare a written determination specifying the need for such objects and benefits to the 9State. The South Carolina Arts Commission shall review such determination for approval prior to any acquisition. 10 63.6. (BCB: Real Property - Sale/Leaseback/ Repurchase Revenue Account) In order to ensure the stability of any 11sale/leaseback and repurchase option agreement entered into by the State for any piece of real property, the Budget and Control 12Board is directed to establish a separate and distinct account for the deposit of the net proceeds of the sale or net annual charges 13derived from any such property. Any funds held in such separate and distinct accounts shall only be used for the purpose of 14repurchasing the property and/or the establishment of a reserve fund as outlined in the contract documents for the property, until 15such time as the agreements on the property are fulfilled. It is the intention of the General Assembly to appropriate sufficient funds 16on an annual basis to enable the Budget and Control Board to meet the required lease payments and other necessary expenditures 17associated with any sale/leaseback agreement involving real property. 18 63.7. (BCB: State House Operation & Maintenance Account) Funds appropriated to the Budget and Control Board - for State 19House Maintenance & Operations & Renovations must be set aside in a separate account for the operation and maintenance of the 20State House. The Budget and Control Board shall report annually to the State House Committee on the amount expended from this 21fund. 22 63.8. (BCB: Wireless Communications Tower) The Budget and Control Board is directed to coordinate tower and antenna 23operations within South Carolina state government. The Board shall (1) approve all leases regarding antenna placement on state 24owned towers and buildings, (2) coordinate all new tower construction on state owned property, (3) promote and market excess 25capacity on the State’s wireless communications infrastructure, (4) generate revenue by leasing, licensing, or selling excess 26capacity on the State’s wireless communications infrastructure, and (5) construct new communications assets on appropriate state 27owned property for the purpose of generating revenue pursuant to this proviso. All revenue from tower and antenna leases and 28contracts after July 1, 2001 must be remitted to a separate fund established by the Board to create and support a statewide public 29safety communications system. These funds shall be retained and carried forward and used for the same purpose. Agencies owning 30tower and antenna assets will be allowed to recover expenses associated with implementing this proviso from this fund. The Board 31shall annually report to the Chairmen of the Senate Finance and House Ways and Means Committees by October 1 of each year all 32revenue collected and disbursed. This report shall also include a summary of each agency’s overall revenues, whether retained by 33the agency or remitted to the separate fund. 34 63.9. (BCB: Compensation - Agency Head Salary) Notwithstanding any other provision of law in the event of an agency head 35or technical college president vacancy, the governing board of the agency or the Governor, or the appointing authority if a 36technical college president, must have the prior favorable recommendation of the Agency Head Salary Commission to set, discuss 1 PAGE 255 2 1or offer a salary for the agency head or technical college president at a rate that exceeds the minimum of the range established by 2the Agency Head Salary Commission. The Budget & Control Board shall have final approval authority for agency head and 3technical college president salaries. However, the agency head salary of the Department of Insurance shall be in accordance with 4the line item specification in Section 47 of Part IA, and shall be effective on the effective date of this Act. Boards and commissions 5of newly created agencies shall not offer a salary to a prospective agency head until a salary range has been established and the 6salary approved by the Agency Head Salary Commission. The funding for such purpose should come from resources within the 7agency. The Budget & Control Board shall contract every four years for a study of agency head and technical college president 8compensation during the current year. The cost of the study must be shared by the participating agencies. The Agency Head 9Salary Commission shall recommend to the Budget & Control Board salary increases for agency heads and technical college 10presidents. No agency head or technical college president shall be paid less than the minimum of the salary pay range nor receive 11an increase that would have the effect of raising the salary above the maximum of the pay range. Funding must be provided for an 12amount equivalent to the pay increase for all classified employees. Any remaining increases recommended by the Agency Head 13Salary Commission shall be funded from the individual agency budget. All increases shall be effective on or after January 1, of the 14current fiscal year. 15 63.10. (BCB: Compensation - Reporting of Supplemental Salaries) No supplement shall be paid to an agency’s employee 16unless the agency head or designated official of the employing agency has approved the conditions and amount of salary 17supplement. Any compensation, excluding travel reimbursement, from an affiliated public charity, foundation, clinical faculty 18practice plan, or other public source or any supplement from a private source to the salary appropriated for a state employee and 19fixed by the State must be reported by the employing agency to the Division of Budget and Analyses of the Budget and Control 20Board. The report must include the amount, source, and any condition of the supplement. The employing agency must report this 21information on or before August 31 of each year and must include the total amount and source of the salary supplement received 22by the employee during the preceding fiscal year (July 1 through June 30). The Office of Human Resources of the B&C Board 23shall formulate policies and procedures to ensure compliance with the reporting provisions of this proviso. 24 63.11. (BCB: Mid-Year Budget Reductions & Restricting the Rate of Expenditures) Any appropriations made herein or by 25special act now or hereafter, are hereby declared to be maximum, conditional and proportionate, the purpose being to authorize 26expenditures not to exceed the amounts named herein, if necessary, but only in the event the aggregate revenues available during 27the period for which the appropriations are made are sufficient to pay them in full. The State Budget and Control Board is directed 28to survey the progress of the collection of revenue and the expenditure of funds by all agencies, departments and institutions. If the 29Budget and Control Board determines that a year-end aggregate deficit may occur by virtue of a projected shortfall in anticipated 30revenues, it shall utilize such funds as may be available and required to be used to avoid a year end deficit and thereafter take such 31action as necessary to restrict the rate of expenditure of all agencies consistent with the provisions of this section. No institution, 32activity, program, item, special appropriation, or allocation for which the General Assembly has provided funding in any part of 33this act shall be discontinued, deleted, or deferred by the Budget and Control Board. Any reduction of rate of expenditure by the 34Board, under authority of this act, shall be applied as uniformly as may be practicable except that no reduction shall be applied to 35funds encumbered by a written contract with an agency not connected with the State Government. No such reduction shall be 36ordered by the State Budget and Control Board while the General Assembly is in session without first reporting such necessity to 1 PAGE 256 2 1the General Assembly and the General Assembly has taken no action to prevent the reduction within five statewide session days of 2formal written notification. 3 As far as practicable all departments, institutions, and agencies of the State are hereby directed to budget and allocate 4appropriations as quarterly allocation so as to provide for operation on uniform standards throughout the fiscal year and in order to 5avoid an operating deficit for the fiscal year. It should be recognized that academic year calendars of state institutions will affect 6the uniformity of the receipt and distribution of funds during the years. The Comptroller General or the Office of State Budget 7shall make such reports to the Budget and Control Board as they deem advisable on any agency which is expending authorized 8appropriations at a rate which predicts or projects a general fund deficit for the agency. The Budget and Control Board is 9authorized and directed to require any such agency, institutions or department to file a quarterly allocations plan and is further 10authorized to restrict the rate of expenditures of the agency, institution or department if the board determines that a deficit may 11occur. It is the responsibility of any such agency to develop a plan, in consultation with the Budget and Control Board, that 12eliminates or reduces a deficit. Should the Budget and Control Board make a finding that the cause of and likelihood of a deficit is 13unavoidable due to factors which are wholly outside of an agency’s control, then the board may determine that the recognition of 14an agency deficit is appropriate and shall notify the General Assembly of such action or the presiding officer of the House and 15Senate if the General Assembly is not in session. Upon receipt of such notification from the Budget and Control Board, the 16General Assembly may authorize supplemental appropriations from any surplus revenues which existed at the close of the previous 17fiscal year. If the General Assembly fails to take action, then the finding of the Budget and Control Board shall stand, and the 18actual deficit at close of the fiscal year shall be reduced as necessary from surplus revenues or surplus funds available at the close 19of the fiscal year in which the deficit occurs and from funds available in the Capital Reserve Fund and General Reserve Fund, as 20required by the Constitution. If the Budget and Control Board finds that the likelihood and cause of a deficit is the result of agency 21management, then the bond of state officials responsible for management of the agency involved shall be held liable therefor and 22the board shall notify the Agency Head Salary Commission of such finding. In the case of a finding that a projected deficit is the 23result of the management of the agency, the Budget and Control Board shall take immediate steps to curtail agency expenditures in 24such a manner so as to bring expenditures in line with authorized appropriations and avoid a year end operating deficit. 25 63.12. (BCB: Compensation Increase - Appropriated Funds Ratio) Appropriated funds may be used for compensation increases 26for classified and unclassified employees and agency heads only in the same ratio that the employee’s base salary is paid from 27appropriated sources. 28 63.13. (BCB: Vacant Positions) In the event that any permanent position in an agency remains vacant for more than twelve 29months the position may be deleted by the Budget and Control Board. 30 63.14. (BCB: Higher Education Salary Limit Exemption) Notwithstanding the provisions of Section 8-11-165 of the Code of 31Laws of South Carolina, 1976, as amended, higher education technical colleges, colleges and universities shall be exempt from the 32requirement that the salaries of employees shall not exceed ninety-five percent of the midpoint of the agency head salary range or 33the agency head actual salary, whichever is greater. 34 63.15. (BCB: Carry Forward - Local Government Assistance) The Budget and Control Board may carry forward from prior 35fiscal years to the current fiscal year funds appropriated for the purpose of providing financial assistance and for matching federal 36funds for financial assistance to local governments with water, wastewater, and sewer projects. Of the Grant Funds appropriated 1 PAGE 257 2 1for such purposes, $400,000 may be used for operating costs in order to enhance relevant technical assistance capabilities of the 2board. 3 63.16. (BCB: Carry Forward - State Water Pollution Control Revolving Fund) If any funds accumulated by the Budget and 4Control Board from loan fees are not expended during the preceding fiscal years, such funds may be carried forward and expended 5for the costs associated with conducting the State Revolving Fund programs for wastewater or drinking water. 6 63.17. (BCB: State Water Pollution Control Revolving Fund) In the event that any state funds remain after fully matching 7federal grants for the State Revolving Funds under the Clean Water Act or Safe Drinking Water Act, such funds may be deposited 8into the South Carolina Infrastructure Revolving Loan Fund established pursuant to Section 11-40-50. 9 63.18. (BCB: Carry Forward Calculation) For purposes of calculating the amount of funds which may be carried forward by the 10Budget and Control Board, grant and loan program funds carried forward by the Office of Local Government shall be excluded 11from the calculation of the carry forward authorized by proviso 72.29 provision elsewhere in this Act. 12 63.19. (BCB: Mandatory Furlough) Notwithstanding Section 8-11-195 of the 1976 Code, or any other provision of law, in a 13fiscal year in which the general funds appropriated for a state agency, institution, or department are less than the general funds 14appropriated for that state agency, institution, or department in Fiscal Year 2001-02, or whenever the General Assembly or the 15Budget and Control Board implements an across-the-board budget reduction, agency heads may institute employee furlough 16programs of not more than ten working days in the fiscal year in which the deficit is projected to occur. The furlough must be 17inclusive of all employees in an agency or within a designated department or program regardless of source of funds or place of 18work. The furlough must include all classified and unclassified employees in the designated area. If the furlough includes the 19entire agency, the furlough must include the agency head. Scheduling of furlough days, or portions of days, shall be at the 20discretion of the agency head, but under no circumstances should the agency close completely. During this furlough, affected 21employees shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their 22salaries. As to those benefits that which require employer and employee contributions, including but not limited to contributions to 23the South Carolina Retirement System or the optional retirement program, the state agencies, institutions, and departments will be 24responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those 25benefits which require only employee contributions, the employee remains solely responsible for making those contributions. 26Placement of an employee on furlough under this provision does not constitute a grievance or appeal under the State Employee 27Grievance Procedure Act. In the event the reduction for the state agency, institution, or department is due solely to the General 28Assembly transferring or deleting a program, this provision does not apply. The implementation of a furlough program authorized 29by this provision shall be on an agency-by-agency basis. Agencies may allocate the employee’s reduction in pay over the balance 30of the fiscal year for payroll purposes regardless of the pay period within which the furlough occurs. The Budget and Control 31Board shall promulgate guidelines and policies, as necessary, to implement the provisions of this proviso. State agencies shall 32report information regarding furloughs to the Office of Human Resources of the Budget and Control Board. 33 63.20. (BCB: Residential Group Care Facility Insurance Participation) Notwithstanding Section 1-11-720(A)(11) of the 1976 34Code, a residential group care facility, which provides on-site teaching for residents, is eligible to participate in the State Health 35and Dental Insurance Plan if the facility’s employees are currently members of the South Carolina Retirement System or if it 36provides, at no cost, educational facilities on its grounds to the school district in which it is located. 1 PAGE 258 2 1 63.21. (BCB: Local Provider Health Insurance) The local health care providers of the Department of Disabilities and Special 2Needs shall be awarded funding increases as prescribed for state agencies to cover the employer’s share for the cost of providing 3health and dental insurance to their employees. 4 63.22. (BCB: Health Plan Participation) In addition to those entities allowed to participate in the state health and dental 5insurance plans pursuant to Section 1-11-720(A) of the 1976 Code, federally qualified health centers are allowed to participate in 6the plan subject to the terms and conditions applicable to such participation in Section 1-11-720 of the 1976 Code. Centers that 7elect to join the insurance program must sign an agreement binding them to all terms and conditions of Section 1-11-720(B). 8 63.23. (BCB: Technology and Other Initiatives) The Budget and Control Board shall use $100,000 to support partnerships that 9further initiatives to align higher educational programs with the needs of technology-intensive industries. Additionally, the board 10shall pay the annual dues for NCSL and CSG. 11 63.24. (BCB: Geodetic Mapping Program) Funds appropriated or authorized to the Budget and Control Board as a Special Item 12for Mapping, shall be used for county boundary determination and resolution of the boundary between the states of South Carolina 13and North Carolina. 14 63.25. (BCB: Lottery & Infrastructure Bank Health Insurance) South Carolina Lottery Commissioners and South Carolina 15Transportation Infrastructure Bank Board members and their eligible dependents are eligible to participate in the State Health and 16Dental Insurance Plan, upon paying the full premium costs as determined by the State Budget and Control Board. 17 63.26. (BCB: Adoption Assistance Program) The Employee Adoption Assistance Program is established to provide grants to 18eligible employees to assist them with the direct costs of adoption. The program shall be an employee benefit through the 19Employee Insurance Program(EIP) and shall be funded from the appropriation for the State Health Plan as provided in this act. 20Total funding for the Adoption Program shall not exceed $700,000 annually. Employees are eligible for the Adoption Program if 21they participate in the EIP, have adopted a child during the prior fiscal year, apply for the grant during the annual application 22period, and meet any other Adoption Program criteria. The application period shall be July 1 through September 30 of the current 23fiscal year for an adoption in the prior fiscal year. The maximum grant amounts shall be $10,000 in the case of the adoption of a 24special needs child and $5,000 for all other child adoptions. Should the total amount needed to fund grants at the maximum level 25exceed $700,000, the amount of a grant to an eligible employee shall be determined by dividing the $700,000 evenly among 26qualified program applicants, with the adoption of a special needs child qualifying for two times the benefit of a non-special needs 27child. 28 63.27. (BCB: MoneyPlus) In order to lessen the effect of any potential increase in employee rates for the State Health Plan , the 29Budget and Control Board is directed to: (a) develop an aggressive outreach program for the purpose of enrolling employees in the 30“MoneyPlus” flexible benefits program to assist employees in off-setting medical expenses. The board upon request shall report to 31the Chairmen of the Senate Finance and House Ways and Means Committees the number of new enrollees to the program and the 32estimated savings to employees as a result of this effort; and (b) develop an aggressive outreach program for the purpose of 33educating members of the State Health Plan in programs that compliment the state health programs, and employee and plan costs 34with alternative revenue or funding sources. The board is also authorized to use funds from the State Health Plan to match 35alternative revenue or funding sources. 1 PAGE 259 2 1 63.28. (BCB: Military Service) Notwithstanding the provisions of Section 8-11-610 of the 1976 Code, a permanent full-time 2state employee who serves on active duty as a result “Operation Enduring Freedom” or “Operation Noble Eagle”, or in a unit 3federalized for duty in connection with potential or actual hostilities in Iraq, or any combination of these duties, and performs such 4duty may use up to forty-five days of accumulated annual leave and may use up to ninety days of accumulated sick leave in a 5calendar year as if it were annual leave. 6 63.29. (BCB: Antenna and Tower Placement) Notwithstanding any other provision of law, all leases for antenna and tower 7operations within institutions of higher learning campuses must conform to the present and any future master plans for such 8property, as determined solely by the institution of higher learning. 9 63.30. (BCB: Military Service Leave) Notwithstanding any other provision of law, a state employee in an FTE position who 10serves on active duty in a combat zone and who has exhausted all available leave for military purposes is entitled to receive up to 11thirty additional days of military leave in any one year. Any one year means either a calendar year or, in the case of members 12required to perform active duty for training or other duties within or on a fiscal year basis, the fiscal year of the National Guard or 13reserve component issuing the orders. 14 63.31. (BCB: Employee Compensation) The amounts appropriated to the Budget and Control Board for Employee Pay 15Increases must be allocated by the Board to the various state agencies to provide for employee pay increases in accordance with the 16following plan: 17 1. With respect to classified and non-judge judicial classified employees, effective on the first pay date that occurs on or after 18July 1 of the current fiscal year, the compensation of all classified employees shall be increased by 3%. 19 2. With respect to unclassified and non-judge judicial unclassified employees or unclassified executive compensation system 20employees not elsewhere covered in this act, effective on the first pay date that occurs on or after July 1 of the current fiscal year 21each agency is authorized to allot the total funds for compensation increases among individual employees without uniformity. The 22funds provided for compensation increases for any employees subject to the provisions of this paragraph are based on an average 233% increase. All of the salaries are subject to the provisions of Section 72.18 of Part IB of this act and Office of Human Resources 24approval must be obtained before any employees subject to the provisions of this paragraph may be granted an annual pay increase 25in excess of the guidelines established by the Budget and Control Board. Any employee subject to the provisions of this paragraph 26shall not be eligible for compensation increases provided in paragraphs 1, 3, 4, 5, 6, or 7. 27 3. With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary Commission shall 28recommend to the Budget and Control Board salary increases for agency heads. Agency head increases shall be effective on the 29first pay date that occurs on or after January 1 of the current fiscal year. No agency head shall be paid less than the minimum of 30the pay increase range nor receive a salary increase that would have the effect of raising the salary above the maximum of the pay 31range. 32 4. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, agency heads not covered by the 33Agency Head Salary Commission, shall receive an annualized base pay increase of 3%. 34 5. With respect to local health care providers compensation increases shall be 3% effective on the first pay date that occurs on 35or after July 1 of the current fiscal year. With respect to Area Agencies on Aging funded by the Lieutenant Governor’s Office on 36Aging, compensation shall be increased by 3% effective on the first pay date that occurs on or after July 1 of the current fiscal year. 1 PAGE 260 2 1With respect to local councils on aging or local providers of services funded by the Lieutenant Governor’s Office on Aging 2through Area Agencies on Aging, no pay increases will be allowed. School Bus Driver salary and fringe funding to school districts 3shall be increased by 3%. 4 6. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, the Chief Justice and other judicial 5officers shall receive an annualized base pay increase of 3%. 6 7. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, county auditors and county treasurers 7shall receive an annualized base pay increase of 3%. 8 The Budget and Control Board shall allocate associated compensation increases for retirement employer contributions based on 9the retirement rate of the retirement system in which individual employees participate. 10 The Executive Director of the Budget and Control Board is authorized to use excess appropriations for the current fiscal year, as 11determined by the Director of the Office of State Budget, designated for statewide employer contributions for other statewide 12purposes. At the discretion of the Executive Director of the Budget and Control Board, such action may be considered a permanent 13transfer into the receiving agency’s base budget. 14 Funds appropriated in Part IA, F30, Section 63B, Budget and Control Board, Employee Benefits may be carried forward from 15the prior fiscal year into the current fiscal year. 16 63.32. (BCB: Lawsuit Funding) The Executive Director shall pay from the Insurance Reserve Fund the defense costs of the 17State, which are incurred in the current fiscal year, in the Abbeville school funding litigation and the prisoner mental health care 18litigation. The appropriate official from the House of Representatives and the Senate must certify to the Executive Director on a 19monthly basis the costs incurred in defense of this litigation. Upon receipt of the certification, the Executive Director shall pay the 20provider of these services the amount certified. 21 63.33. (BCB: Sale of Surplus Real Property) Up to 50% of the proceeds, net of selling expenses, from the sale of surplus real 22properties shall be retained by the Budget and Control Board and used for the deferred maintenance of state-owned buildings. The 23remaining 50% of the net proceeds shall be returned to the agency that the property is owned by, under the control of, or assigned 24to and shall be used by that agency for non-recurring purposes. The Executive Director of the Budget and Control Board may use 25up to $1,200,000 of funds retained by the board pursuant to this provision for technology enhancements. This provision applies to 26all state agencies and departments except: institutions of higher learning; the Public Service Authority; the Ports Authority; the 27MUSC Hospital Authority; the Myrtle Beach Air Force Redevelopment Authority; the Department of Transportation; the 28Columbia State Farmers Market; the Department of Agriculture’s Columbia Metrology Lab building and property; property 29pursuant to Paragraph 26.9 of this act; the Charleston Naval Complex Redevelopment Authority, and the Educational Television 30Commission’s Key Road property. 31 The Educational Television Commission shall be authorized to retain the net proceeds from the sale of its property on Key Road, 32and such proceeds shall only be used for the renovation of the ETV Telecommunications Center. If it is determined that sufficient 33net proceeds are not to be derived from the sale of its property on Key Road to cover the cost of all renovations of the 34Telecommunications Center, the property on Key Road shall not be sold. Any proposed sale hereunder shall, prior to said sale, be 35submitted to the Budget and Control Board for approval as being in compliance with the requirements of this subsection. 1 PAGE 261 2 1 The Forestry Commission shall be authorized to retain the net proceeds from the sale of tracts a tract of land containing a total 2of twenty ten acres or less in Bamberg and Orangeburg Counties Horry County. Receipts generated by the sale of these tracts this 3tract shall be utilized for the agency’s capital improvement and/or facility maintenance program. The commission may sell these 4tracts this tract of land at or above fair market value as determined by independent appraisal. 5 The Department of Agriculture, the Educational Television Commission, and the Forestry Commission shall annually submit a 6report, within sixty days after the close of the fiscal year, to the Senate Finance Committee and the House Ways and Means 7Committee on the status of the sale of the identified property and a detailed accounting on the expenditure of funds resulting from 8such sale. 9 This provision is comprehensive and supersedes any conflicting provisions concerning disposition of state owned real property 10whether in permanent law, temporary law or by provision elsewhere in this act. 11 Any unused portion of these funds may be carried forward into succeeding fiscal years and used for the same purposes. 12 63.34. (BCB: Election File Merge) In order to assist the County Registration and Election Commissions to ensure that 13registered voters are assigned to proper election districts, the Office of Research and Statistics, in conjunction with the SC Election 14Commission, shall merge the voter registration file with the office’s Geocoded Address List and the district boundaries of the 15Congress, SC Senate, SC House of Representatives, county councils, city councils, school districts and commissions of public 16works. The merged systems will allow the Office of Research and Statistics to provide the respective county officials with a list of 17potential voters who are possibly assigned to the wrong election district. 18 63.35. (BCB: Competitive Grants) Of the funds appropriated to the Budget and Control Board, $3,000,000 must be set aside for 19a competitive grants program. These funds may be released to local subdivisions or nonprofit organizations only upon the 20approval of the Grants Committee of the Budget and Control Board. The board is prohibited from transferring these funds to other 21programs. In addition, the board may not withhold these funds for purposes of delaying or deferring approval by the Grants 22Committee. 23 63.36. (BCB: Deductible Waiver Prohibition) In order to prevent non-compliance with federal laws pertaining to health care 24savings accounts, a state sponsored health care entity may not waive the deductible or co-insurance for any employee enrolled in 25the State Health Plan Savings Plan. This provision is comprehensive and supersedes any conflicting provisions whether in 26permanent law, temporary law or by provision elsewhere in this act. 27 63.37. (BCB: Grants Review Committee) On and after January 1, 2006, there is created within the Budget and Control Board 28the Grants Review Committee for the purpose of awarding competitive community grants to counties and municipalities. The 29committee shall consist of five members with one member appointed by each of the following officials: the Governor, the 30President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Chairman of the Finance Committee of the 31Senate, and the Chairman of the Ways and Means Committee of the House of Representatives. The officials may make initial 32appointments to the committee and the committee members may organize prior to January 1, 2006. Members shall serve two-year 33terms coterminous with the appointing official. The committee must adopt rules of procedure and elect a chairman from the 34membership of the committee. 35 The committee must meet at least twice annually to review applications for grants submitted by counties and municipalities. All 36applications must conform to and all grants must be awarded pursuant to criteria established by the committee. Grants must be 1 PAGE 262 2 1awarded in amounts determined by the committee from funds appropriated by the General Assembly. Staff for the committee must 2be provided by the Budget and Control Board. 3 Applications for grants of one hundred thousand dollars or less must be processed administratively by the staff pursuant to 4criteria established by the committee. Applications for grants to exceed one hundred thousand dollars must be reviewed for 5approval by the committee. 6 The committee shall establish guidelines, which shall include but not be limited to: 7 1) Priorities for funding, to include but not be limited to, Department of Health and Environmental Control orders and 8consent decrees, the ability to match grant funds, and a focus on community festivals; 9 2) A signature of sponsorship on each application by a member of the General Assembly who represents the county or 10municipality applying for the grant or the signature of the Governor; 11 3) Applications for consideration must be in the form prescribed herein and adopted by the committee for any award made 12effective July 1, 2007; 13 4) Counties and municipalities must report annually on the expenditure of the funds received until the funds are expended; 14 5) Final financial reports must be received by the committee within ninety days of the completion of the project along with a 15description of the results achieved in the interest of the community; and 16 6) The Budget and Control Board Office of Internal Audit shall have access to all Grants Review Committee records as it 17deems appropriate. 18 The committee should ensure that its process is efficient and minimizes unnecessary or duplicative paperwork. 19 63.38. (BCB: South Carolina 911 Advisory Committee) The CMRS Emergency Telephone Advisory Committee established 20pursuant to Section 23-47-65 of the 1976 Code and which terminated after August 1, 2004, is reestablished for the current fiscal 21year as it was established in Section 23-47-65. The powers of that committee which were devolved on the State Budget and 22Control Board are redevolved in are devolved on the reestablished committee and the committee shall advise the Budget and 23Control Board on 911 matters. However, this reestablished committee is renamed the South Carolina 911 Advisory Committee 24and the ex officio membership of the State Auditor is replaced by a State Budget and Control Board Division Director appointed 25by the Governor, who shall serve ex officio. The Director of the Office of Research and Statistics shall serve in lieu of the 26Director of the State Chief Information Officer Division. Also, the member who is an employee of a telephone service supplier 27must be replaced by an employee of a local exchange access facility service supplier licensed to do business in this State. 28 63.39. (BCB: Retiree Health Funding Study) There shall be established a special committee to study the State's obligation for 29Other Post-Employment Benefits (OPEB). This study shall address current funding and potential pre-funding of retiree health 30insurance, eligibility standards for retiree insurance, funding sources for retiree insurance, reporting requirements for retiree 31insurance funding obligations, and the experience of other jurisdictions in addressing retiree insurance obligations. The Governor, 32State Treasurer, Comptroller General, Senate President Pro Tempore, and Speaker of the House of Representatives, shall each 33appoint one member to the committee and the Chairman of the Senate Finance Committee and Chairman of the House Ways & 34Means Committee shall each appoint two members to the committee. The Budget & Control Board shall provide staff support to 35the committee, including actuarial support. The special committee members shall serve without compensation. The committee 36shall report its findings to the Governor and to the General Assembly by January 15, 2007. 1 PAGE 263 2 1 63.40. (BCB: Anderson County Veteran’s Cemetery) The Budget and Control Board may make funds and positions 2appropriated to it for a veteran’s cemetery available to the appropriate governmental entity for that entity's use for the operation of 3the state veterans' cemetery in Anderson County. Unexpended funds from a prior year’s appropriation for a veteran’s cemetery 4may be carried forward into the current fiscal year and expended for any funding requirement within a Budget and Control Board 5proviso. 6 63.41. (BCB: Transition Assistance) The Budget and Control Board shall provide transition services to constitutional officers 7who are elected during Fiscal Year 2006-07. These transition services may include, but are not limited to, office space, 8communication services, and administrative support until the constitutional officer assumes office. These services shall not be 9available to incumbent constitutional officers re-elected during fiscal year 2006-2007. All support provided shall be at the 10discretion of the Executive Director of the Budget and Control Board. 11 63.42. (BCB: Base Closure Carry Forward) Funds appropriated to the Budget and Control Board for the Base Closure Fund 12shall be carried forward into the current fiscal year and shall be used for the same purpose. 13 63.43. (BCB: SC/NC Boundary Dispute) The Budget and Control Board is directed to submit a report to the Senate Finance 14Committee and the House Ways and Means Committee regarding the progress of the South Carolina and North Carolina Boundary 15Dispute within sixty days of the close of each fiscal year until such dispute is resolved. 16 63.44. (BCB: Board Functions Privatization) The Budget and Control Board shall conduct a study prior to a new privatization 17of any board function to determine that privatization will result in greater cost efficiencies to the board and state agencies. Cost 18saving to the Board’s customers must be demonstrated and prior approval by the General Assembly either by joint resolution or 19statutory authorization is required before any new privatization is implemented. The results of the study shall be presented to the 20Governor, Chairman of the Senate Finance Committee, and Chairman of the House Ways and Means Committee for fiscal review. 21 63.45. (BCB: Board Study Expenses) Any request directing the Budget and Control Board to conduct a study or produce a 22report that requires the expenditure of funds for the engagement of resources outside those available within the board is suspended 23until funding is appropriated for the cost of such resources. 24 63.46. (BCB: Confederate Relic Room) The Budget and Control Board, Office of State Budget is directed to change the 25reference to the SC Confederate Relic Room & Museum, found in Part IA, Section 63, Program IV.E. of this act, to the SC 26Confederate Relic Room & Military Museum in the final printing of this act. The Code Commissioner is directed to change all 27appropriate Code of Law references to the SC Confederate Relic Room & Museum to the SC Confederate Relic Room & Military 28Museum in the next printing of the Code of Laws or of the supplement to the Code. 29 63.47. (BCB: SC Boundary Commission) There is hereby created the South Carolina Boundary Commission to be composed of 30seven members as follows: one member appointed by the President Pro Tempore of the Senate; one member appointed by the 31Speaker of the House of Representatives; one member appointed by the Chairman of the Senate Finance Committee; one member 32appointed by the Chairman of the House Ways and Means Committee; the Director of the Budget and Control Board’s Office of 33Research and Statistics; the Director of the Department of Natural Resources, or his designee; and the technical advisor of the 34Geodetic and Mapping Survey Program appointed by the Director of the Office of Research and Statistics who shall serve as the 35coordinator and chairman of the commission. The purpose of the commission is to work with the North Carolina Boundary 36Commission to resolve undocumented boundaries between South Carolina and North Carolina. 1 PAGE 264 2 1 63.48. (BCB: National Guard Pension Eligibility) From the $3,948,224 funds appropriated in Part IA, Section 63B, for 2“Pensions-Ret National Guard,” a person who becomes a member of the National Guard after June 30, 1993, if otherwise eligible, 3may receive a National Guard pension authorized by Chapter 10 of Title 9. The provisions of this paragraph apply to National 4Guard pension benefits payable on or after January 1, 2007. 5 63.49. (BCB: Forest Firefighters Salary Review) The Budget and Control Board Office of Human Resources is hereby directed 6to conduct a review of wild land firefighter personnel salaries at the South Carolina Forestry Commission as compared to other 7Southeastern states. The agency is directed to cooperate with the Budget and Control Board in completion of this study. This 8study shall include a comparison of salary ranges, average salaries within salary ranges, average salary within each salary range 9in reference to time in each salary range, and required training for each salary range. Results of this review shall be reported to 10the Chairmen of the Senate Finance Committee and the House Ways and Means Committee by December 31, 2007. 11 63.50. (BCB: SCEIS) In addition to the special account each state agency is authorized by Section 11-53-10 of the 1976 Code 12to establish for the purpose of funding the agency’s nonrecurring implementation expenses of the South Carolina Enterprise 13Information System (SCEIS), the Chief Information Officer of the Budget and Control Board shall set aside, in a special account, 14$2,000,000 from its operating reserves to be expended for implementation of the SCEIS project. 15 63.51. (BCB: SEC Legal Expenses) The Executive Director of the Budget & Control Board must reimburse the State Ethics 16 Commission from the Insurance Reserve Fund for expenses incurred in the defense of South Carolinians for Responsible 17Government v. Krawcheck, et al., and South Carolina Citizens for Life v. Krawcheck, et al., both filed in the United States District 18Court of South Carolina, and where the Attorney General has refused to defend the action and the Budget & Control Board has 19refused to use the Civil Contingent Fund, as provided for in Section 8-13-1373, to pay for defense of such action. The appropriate 20official of the State Ethics Commission must certify to the Executive Director on a monthly basis the costs incurred in defense of 21these actions. Upon receipt of the certification the Executive Director shall reimburse the State Ethics Commission the amount 22certified. 23 63.52. (BCB: First Responder Interoperability) The Budget and Control Board, through its division of the State Chief 24 Information Officer, is directed to administer and coordinate First Responder Interoperability o perations for the statewide 25 Palmetto 800 MHz radio system to better coordinate public safety disaster responses and communications. First Responder 26Interoperability administration and coordination shall be funded as provided in this Act. The cost-proportional funds shall be 27utilized for radio user fees of state agencies and public safety first responders (Fire, EMS and Law Enforcement) that participate 28in the statewide Palmetto 800 MHz radio system (Palmetto 800 participants). The division of the State Chief Information Officer, 29in consultation with the State Law Enforcement Division, the Department of Public Safety, and the State Emergency Management 30Division, and a representative of the S. C. Sheriff’s Association, shall set a baseline number of radios used by each Palmetto 800 31participant based on the technical aspects of the Palmetto 800 MHz radio system and the jurisdictional requirements of the 32participant. If a Palmetto 800 participant reduces the baseline number of radios in use, the amount of funds allocated for the 33 participant’s radio user fees shall be reduced in a proportional amount. The funds shall also be utilized to provide private county 34and city 800 MHz radio systems with grant funds to be used for purchases of equipment that support interoperability with the 35statewide Palmetto 800 MHz radio system and its users. Grant funds shall be allocated to private county and city 800 MHz radio 36 systems based on the criteria used for Palmetto 800 Participants and in amounts proportional to the amounts allocated to support 1 PAGE 265 2 1the per-site radio user fees of Palmetto 800 participants. A matching share of 67% is required by a Palmetto 800 participant or by 2a private county or city 800 MHz radio system in order to qualify for receipt of funds pursuant to this proviso. These entities shall 3be required to furnish such documentation as may be required by the Division of the CIO to verify that the matching funds 4requirement is met. Upon funding state agency and public safety first responder user fees and private county and city 800 MHz 5equipment purchases, any remaining funds may be used to enhance and expand the statewide Palmetto 800 MHz radio system. All 6funds shall be held in a separate account established by the Board for the purposes set forth herein. Any unexpended portion of 7these funds may be carried forward and used for the same purpose. In the calculation of any across-the-board budget reduction 8mandated by the Budget and Control Board or General Assembly, the amount appropriated to the Budget and Control Board for 9First Responder Interoperability must be excluded from the Board’s base budget. 10 The Budget and Control Board shall provide a report on the status of the integration of the statewide Palmetto 800 MHz radio 11system which shall include, but not be limited to, a list of entities who are not integrated into the system as of the end of Fiscal 12Year 2007-08 and the reason why they are not integrated. The report shall be submitted by September 1, 2008, to the Chairman of 13the Senate Finance Committee and the Chairman of the House Ways and Means Committee. 14 63.53. (BCB: SCHIDS) There is created within the Budget and Control Board, Office of Research and Statistics, the South 15Carolina Health Integrated Data Services (SCHIDS) subprogram under the “Health and Demographic Statistics” program. The 16purpose of the subprogram is to disseminate data about prevalence, treatment and cost of disease from the South Carolina Health 17and Human Services Data Warehouse and in particular the Medicaid System in order to educate communities statewide about 18improving health and wellness through lifestyle changes. 19 All state agencies and public universities involved in educating South Carolinians through public programs to improve health 20and wellness shall communicate with the Office of Research and Statistics in order to improve collaboration and coordination and 21the possible use of SCHIDS to assist in the evaluation of program outcomes. 22 Medicaid staff shall coordinate with the SCHIDS program staff to target Prevention Partnership Grant awards to those 23communities demonstrating a prevalence of chronic disease and/or lack of access to care. 24 63.54. (BCB: FY 07-08 Employee Compensation) The amounts appropriated to the Budget and Control Board for Employee 25Pay Increases must be allocated by the Board to the various state agencies to provide for employee pay increases in accordance 26with the following plan: 27 1. With respect to classified and non-judge judicial classified employees, effective on the first pay date that occurs on or after 28July 1 of the current fiscal year, the compensation of all classified employees shall be increased by 3%. 29 2. With respect to unclassified and non-judge judicial unclassified employees or unclassified executive compensation system 30employees not elsewhere covered in this act, effective on the first pay date that occurs on or after July 1 of the current fiscal year 31each agency is authorized to allot the total funds for compensation increases among individual employees without uniformity. The 32funds provided for compensation increases for any employees subject to the provisions of this paragraph are based on an average 333% increase. All of the salaries are subject to the provisions of Section 72.18 of Part IB of this act and Office of Human Resources 34approval must be obtained before any employees subject to the provisions of this paragraph may be granted an annual pay 35increase in excess of the guidelines established by the Budget and Control Board. Any employee subject to the provisions of this 36paragraph shall not be eligible for compensation increases provided in paragraphs 1, 3, 4, 5, 6, or 7. 1 PAGE 266 2 1 3. With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary Commission shall 2recommend to the Budget and Control Board salary increases for agency heads. Agency head increases shall be effective on the 3first pay date that occurs on or after January 1 of the current fiscal year. No agency head shall be paid less than the minimum of 4the pay increase range nor receive a salary increase that would have the effect of raising the salary above the maximum of the pay 5range. 6 4. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, agency heads not covered by the 7Agency Head Salary Commission, shall receive an annualized base pay increase of 3%. 8 5. With respect to local health care providers compensation increases shall be 3% effective on the first pay date that occurs 9on or after July 1 of the current fiscal year. With respect to Area Agencies on Aging funded by the Lieutenant Governor’s Office 10on Aging, compensation shall be increased by 3% effective on the first pay date that occurs on or after July 1 of the current fiscal 11year. With respect to local councils on aging or local providers of services funded by the Lieutenant Governor’s Office on Aging 12through Area Agencies on Aging, no pay increases will be allowed. School Bus Driver salary and fringe funding to school 13districts shall be increased by 3%. 14 6. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, the Chief Justice and other judicial 15officers shall receive an annualized base pay increase of 3%. 16 7. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, county auditors and county treasurers 17shall receive an annualized base pay increase of 3%. 18 The Budget and Control Board shall allocate associated compensation increases for retirement employer contributions based 19on the retirement rate of the retirement system in which individual employees participate. 20 Funds appropriated in Part IA, F30, Section 63B, Budget and Control Board, Employee Benefits may be carried forward from 21the prior fiscal year into the current fiscal year. 22 63.55. (BCB: Pacolet Sewer Project) Of the funds appropriated and/or authorized to the Budget and Control Board, the board 23is directed to transfer $100,000 to the Pacolet Sewer Project. 24 63.56. (BCB: Public Procurement Unit) For purposes of participation in the Minnesota Multi State Contracting Alliance for 25Pharmacy (MMCAP), a private, nonprofit corporation that provides only free medical care may be allowed to participate as a 26 local public procurement unit in the MMCAP cooperative purchase. The participation of nonprofit corporations in the program is 27 contingent upon approval of the Minnesota Multi-State Contracting Alliance for Pharmacy. Participating nonprofit corporations 28must comply with all applicable federal laws or regulations for participation in the MMCAP cooperative purchase. The state shall 29not be liable for any action or inaction of such a nonprofit corporation. 30 63.57. (BCB: Agency Rent Adjustments) DELETED 31 63.58. (BCB: Insurance Contracts Bid Process) The Insurance Reserve Fund may utilize a competitive process to obtain 32reinsurance coverage with respect to property insurance written by the Insurance Reserve Fund in the State of South Carolina. 33The competitive process under this proviso shall be governed exclusively by rules established by the Insurance Reserve Fund for 34this procurement and shall not be governed by the Consolidated Procurement Code. The Budget and Control Board can comply 35with the provision by utilizing a competitive process to obtain a broker to provide reinsurance coverage. Bids shall be presented 1 PAGE 267 2 1at a meeting of the State Budget and Control Board for review and the Board shall make their decision on those bids by their next 2board meeting. 3 63.59. (BCB: DOT Procurement Study) Of the funds appropriated to the Budget and Control Board for “Department of 4Transportation Procurement Study,” the Office of the Executive Director shall conduct a study of the purchasing and procurement 5processes utilized by the Department of Transportation and report its findings and recommendations on or before June 30, 2008, 6to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Chairmen of the Senate 7Transportation Committee, Senate Finance Committee, House Ways and Means Committee, and House Education and Public 8Works Committee. The study shall review, but not be limited to, the organizational structure and staffing levels of the 9department’s procurement functions, internal policies and procedures governing procurement, and internal audit programs for 10procurement. The Office of the Executive Director shall make quarterly reports concerning the progress of the study to the 11officers listed herein. Any unexpended funds appropriated for this purpose shall lapse to the General Fund at the close of the 12fiscal year. 13 63.60. (BCB: Emergency Communications Network) Of the funds appropriated to the Budget and Control Board for deferred 14maintenance, $365,000 must be transferred to the Adjutant General’s Office, Emergency Preparedness Division for the 15replacement and operation of the Emergency Communications Network. 16 63.61. (BCB: Classification Exemption) DELETED 17 63.62. (BCB: South Carolina Wireless Technology and Communications Commission) DELETED 18 19SECTION 63B - F30 - BUDGET AND CONTROL BOARD, EMPLOYEE BENEFITS 20 21 63B.1. (BCB/EB: Deferred Compensation) To the extent funds are appropriated, the State shall make contributions to deferred 22compensation plan accounts on behalf of permanent, full-time state employees who were employed and earned less than $20,000 23per year as of July 1, 2000, in an amount and under the terms and conditions prescribed for such contributions by the State Budget 24and Control Board, without such employees making contributions to the deferred compensation plan. 25 63B.2. (BCB/EB: Funding Abortions Prohibited) No funds appropriated for employer contributions to the State Health 26Insurance Plan may be expended to reimburse the expenses of an abortion, except in cases of rape, incest or where the life of the 27mother is in jeopardy, and the State Health Plan may not offer coverage for abortion services. 28 63B.3. (BCB/EB: Exempt National Guard Pension Fund) In the calculation of any across-the-board cut mandated by the Budget 29and Control Board or General Assembly, the amount of the appropriation for the National Guard Pension Fund shall be excluded. 30 63B.4. (BCB/EB: Employee Mileage Reimbursement) The amount appropriated for employee mileage reimbursement must be 31allocated to state agencies by the Budget and Control Board’s Office of State Budget in the same proportion as the agencies’ 32general fund expenditures for mileage reimbursement in the prior fiscal year. 33 1 PAGE 268 2 1SECTION 64 - R44 - DEPARTMENT OF REVENUE 2 3 64.1. (DOR: Subpoenaed Employee Expense Reimbursement) If any employee of the Department of Revenue is subpoenaed to 4testify during litigation not involving the Department of Revenue, the party subpoenaing the employee(s) to testify shall reimburse 5the State for expenses incurred by the employee(s) requested to testify. Expenses shall include but are not limited to the cost of 6materials and the average daily salary of the employee or employees. 7 64.2. (DOR: Court Order Funds Carry Forward) Funds awarded to the Department of Revenue by court order shall be retained 8in a special account and shall be carried forward from year to year, and expended as needed to accomplish the purposes and 9conditions of said order if specified, and if not specified, as may be directed by the Director of the Department of Revenue. 10 64.3. (DOR: Training) The Department of Revenue may charge participants a fee to cover the cost of education and training 11programs. The revenue generated may be applied to the cost of the related operation, and any unexpended balance may be carried 12forward to subsequent fiscal periods and utilized for the same purpose. 13 64.4. (DOR: Tax Education Program) Pursuant to taxpayer educational activities stipulated and authorized by SC Code Section 1412-58-40, the Department of Revenue may charge participants a fee to recover the related direct costs. The revenue generated 15from this may be applied to said cost, and any unexpended balance may be carried forward to subsequent fiscal periods and used 16for the stated purpose. 17 64.5. (DOR: Enforcement-Confiscated Alcoholic Beverage Revenue) The Department of Revenue is directed to maintain 18adequate records accounting for the receipt of funds from the sale of confiscated alcoholic beverages. Such revenue shall be 19deposited to the credit of the General Fund of the State after deducting the cost of confiscation and sale. 20 64.6. (DOR: Federal Refund Offset Program) The department may incur and pay the expense of the fee required at Internal 21Revenue Code 6402(e)(6), as may be required to effectuate the Federal Refund Offset Program, and this fee must be paid upon 22certificate of the department by drawing upon funds from the same tax type set off. 23 64.7. (DOR: Administrative Fees) The Department of Revenue may impose a sixty dollar fee for the issuance of each 24certificate of compliance. A thirty-five dollar fee for each informal nonbinding letter concerning eligibility for infrastructure 25credits against the license tax shall be imposed. These fees must be retained and expended for use in budgeted operations. 26 64.8. (DOR: Installment Agreements) To defray administrative expenses, the department is authorized to impose a forty-five 27dollar fee for entering into installment agreements for the payment of tax liabilities. The fee shall be retained and expended for use 28in budgeted operations. 29 64.9. (DOR: Data Warehousing) The Department of Revenue is authorized to contract with private industry to establish data 30mining and data warehousing capabilities within the department, to enhance compliance and collections. Such arrangements may 31include payment from the increased revenue generated by such capabilities. The department shall be allowed reimbursement of 32costs associated with administration of this proviso from the data warehouse generated collections. This amount may be retained 33and expended for budgeted operations. 34 64.10. (DOR: Temporary Permits) Temporary permits issued by the Department of Revenue pursuant to Section 61-6-2010 35may be issued in all parts of a municipality when any part of the municipality has been approved for the issuance of such permits. 1 PAGE 269 2 1 64.11. (DOR: Bankruptcy) The department may retain and expend in budgeted operations the first $150,000 from its bankruptcy 2operations to defray its administrative costs to include staff. The remaining revenue collected shall be remitted to the general fund. 3 64.12. (DOR: Military Quarterly Filing Relief) No interest, penalties, or other sanctions may be imposed on the active duty 4income of members of the National Guard and Reserves activated as a result of the conflict in Iraq and the war on terrorism with 5regard to payment of state estimated quarterly individual income tax payments of the active duty income if the federal government 6is unable to properly withhold State of South Carolina income taxes due on their active duty pay. 7 64.13. (DOR: Audit) The department shall use available personnel to conduct audits involving all taxes to help promote 8voluntary compliance and to collect dollars for the general fund and designated accounts. 9 64.14. (DOR: Rural Infrastructure Fund Transfer) Notwithstanding Section 12-10-85, the Department of Revenue is authorized 10to deposit revenues from the Rural Infrastructure Fund in excess of $12 million dollars to the Rural Infrastructure Bank Trust Fund 11under the Budget and Control Board, Office of Local Government. Any revenues in excess of $17 million shall be deposited in the 12Rural Infrastructure Fund under the Department of Commerce, Coordinating Council. 13 64.15. (DOR: Nonprofit Organization Excise Tax Exemption) Excise taxes equal to five percent of the gross proceeds of the 14sales of alcoholic liquor by the drink for on-premises consumption in an establishment licensed pursuant to Article 5, Chapter 6, 15Title 61 shall not be imposed on nonprofit organizations that are issued a temporary permit pursuant to Sections 61-6-510 and 61- 166-2000. 17 64.16. (DOR: 2007 Index of Taxpaying Ability) DELETED 18 19SECTION 65 - R52 - STATE ETHICS COMMISSION 20 21 65.1. (SEC: Training Charges) The State Ethics Commission may charge a ten dollar fee to partially offset the cost of providing 22ethics education and training programs, to include costs associated with travel, i.e. mileage, lodging and meals, as well as costs 23associated with handouts and other training materials. 24 65.2. (SEC: Enforcement Administrative Charges) The State Ethics Commission may levy an enforcement/administrative fee to 25all individuals who are found in violation, or who admit to violations, of The Ethics, Government Accountability and Campaign 26Reform Act of 1991 to reimburse the Commission for costs associated with the investigation of and hearings into those violations. 27The costs associated include: the investigator’s time, mileage, meals and lodging; the prosecutor’s time; the hearing panel’s travel, 28per diem, and meals; administrative time; subpoena costs to include witness fees and mileage; and miscellaneous costs such as 29postage and supplies. This fee is in addition to any and all fines as otherwise provided by law. 30 65.3. (SEC: Retention of Revenue From Fees) The Ethics Commission is authorized to retain any funds derived from additional 31assessments associated with late filing fees to offset the costs of administering and enforcing the Ethics, Government 32Accountability, and Campaign Reform Act. The commission shall be authorized to carry forward unexpended funds into the 33current fiscal year for the same purpose. 34 65.4. (SEC: Carry Forward Lobbying Fees) The State Ethics Commission is authorized to carry forward unexpended lobbyists 35and lobbyist’s principal registration fees into the current fiscal year and to use these funds for the same purpose. 36 1 PAGE 270 2 1SECTION 66 - S60 - PROCUREMENT REVIEW PANEL 2 3 66.1. (PRP: Filing Fee) Requests for administrative review before the South Carolina Procurement Review Panel shall be 4accompanied by a filing fee of two hundred and fifty dollars ($250.00), payable to the SC Procurement Review Panel. The panel is 5authorized to charge the party requesting an administrative review under the South Carolina Code Sections 11-35-4210(6), 11-35- 64220(5), 11-35-4230(6) and/or 11-35-4410(4). The funds generated by the filing fee shall be retained by the panel and carried 7forward to be used for the operation of the panel. Withdrawal of an appeal will result in the filing fee being forfeited to the panel. 8If a party desiring to file an appeal is unable to pay the filing fee because of hardship, the party shall submit a notarized affidavit to 9such effect. If after reviewing the affidavit the panel determines that such hardship exists, the filing fee shall be waived. 10 11SECTION 68 - V04 - DEBT SERVICE 12 13 68.1. (DS: Excess Debt Service Funds Carry Forward) The State Treasurer’s Office is directed to carry forward $3,500,000 of 14 Excess Debt Service funds from Fiscal Year 2006-07 to provide for retirement of the entire outstanding amount of Series 1990 15 South Carolina Resources Authority Revenue Bonds; provided, however, that such retirement shall not discharge the local 16obligation or in any way relieve the Town of New Ellenton of its requirement to make court-ordered payments to the South 17 Carolina Resources Authority. Any remaining Excess Debt Service funds from Fiscal Year 2006-07 may be carried forward and 18expended for debt service purposes in Fiscal Year 2007-08. 19 20SECTION 69A - X12 - AID TO SUBDIVISIONS, COMPTROLLER GENERAL 21 22 69A.1. (AS-CG: Salary Supplements) The amounts appropriated in Part IA, Section 69A, for Aid Cnty-Clerks of Court, Aid 23Cnty-Probate Judges, Aid Cnty-Coroners, and Aid Cnty-Sheriffs shall be distributed by the Comptroller General to each county 24treasurer equally, and shall be used as a salary supplement for each clerk of court, probate judge, county coroner, and county 25sheriff. The amounts appropriated in Part IA, Section 69A, for Aid Cnty-Register of Deeds, shall be equally distributed by the 26Comptroller General to the appropriate county treasurer, and shall be used as a salary supplement for registers of deeds. The 27amount appropriated in Part IA, Section 69A, for Aid Cnty-Auditors and Aid Cnty-Treasurers, shall be equally distributed to each 28county auditor and county treasurer as a salary supplement in addition to any amounts presently being provided by the county for 29these positions. It is the intent of the General Assembly that the amount appropriated by the county as salaries for these positions 30shall not be reduced as a result of the appropriation and that such appropriation shall not disqualify each county auditor and each 31county treasurer for salary increases that they might otherwise receive from county funds in the future. The salary supplement for 32each county auditor and county treasurer shall be paid in accordance with the schedule and method of payment established for state 33employees. 34 69A.2. (AS-CG: Property Tax Relief Reimbursement) The amount to be deducted from state individual and corporate income 35tax revenues and credited to the Trust Fund for Tax Relief to fund the reimbursement required by Section 12-37-251, is suspended 36to the extent that the amount to be deducted would exceed the amount deducted in the prior fiscal year. 1 PAGE 271 2 1 69A.3. (AS-CG: Legislative Delegations) In the current fiscal year, a county government must fund its legislative delegation 2budget as approved by the delegation for FY 2003-04, as authorized by law. If a county council does not meet that funding level, 3the amount of the shortfall must be deducted from the responsible county’s Aid to Subdivisions allocation and forwarded to the 4legislation delegation of the county. Additionally, the responsible county’s remaining Aid to Subdivisions allotment must be 5reduced by twenty-five percent of the shortfall amount, which sum must be forwarded to the legislative delegation to be used for its 6administrative costs. 7SECTION 69B - X22 - AID TO SUBDIVISIONS, STATE TREASURER 8 9 69B.1. (AS-TREAS: Veterans’ Affairs-Aid to Counties) In the allocation of the appropriation in Part IA, Section 69B, as 10adjusted for “Aid to County Veteran Offices,” each county shall receive an effective annual amount equal to 100% of the amount 11allocated to it for the prior fiscal year plus an amount equivalent to base pay increases for state employees, less any adjustments 12made for budget reductions. This allocation shall be distributed on a quarterly basis to the County Treasurer who will handle and 13distribute these monies for the sole benefit and use of the County Veterans' Affairs Offices. 14 15SECTION 72 - X90 - GENERAL PROVISIONS 16 17 72.1. (GP: Revenues, Deposits Credited to General Fund) For the current fiscal year, except as hereinafter specifically 18provided, all general state revenues derived from taxation, licenses, fees, or from any other source whatsoever, and all institutional 19and departmental revenues or collections, including income from taxes, licenses, fees, the sale of commodities and services, and 20income derived from any other departmental or institutional source of activity, must be remitted to the State Treasurer at least once 21each week, when practical, and must be credited, unless otherwise directed by law, to the General Fund of the State. Each 22institution, department or agency, in remitting such income to the State Treasurer, shall attach with each such remittance a report or 23statement, showing in detail the sources itemized according to standard budget classification from which such income was derived, 24and shall, at the same time, forward a copy of such report or statement to the Comptroller General and the State Budget and 25Control Board. In order to facilitate the immediate deposit of collections, refunds of such collections by state institutions where 26properly approved by the authorities of same, may be made in accordance with directions from the State Comptroller General and 27State Treasurer. General fund appropriations herein made for the support of the public school system of the State must be greater 28than or equal to the revenues derived from the General Retail Sales Tax, the Soft Drinks Tax, and the state’s portion of the 29Alcoholic Liquors Tax and Cable Television Fees as forecasted in the general fund revenue estimate of the Board of Economic 30Advisors as accounted for in Section 71 of this act. Appropriations in this act for the support of the public school system shall 31include the following: 32 Department of Education; 33 State Board for Technical and Comprehensive Education; 34 Educational Television Commission; 35 Wil Lou Gray Opportunity School; 36 School for the Deaf and the Blind; 1 PAGE 272 2 1 John de la Howe School; 2 Debt Service on Capital Improvement Bonds Applicable to 3 Above Agencies; 4 Debt Service on School Bonds; 5 Other School Purposes. 6 Nothing contained herein shall be construed as diminishing the educational funding requirements of this section. 7 72.2. (GP: Appropriations From Funds) Subject to the terms and conditions of this act, the sums of money set forth in this part, 8if so much is necessary, are appropriated from the General Fund of the State, the Education Improvement Act Fund, the Highways 9and Public Transportation Fund, and other applicable funds, to meet the ordinary expenses of the state government for Fiscal Year 102006-07 2007-08, and for other purposes specifically designated. 11 72.3. (GP: Fiscal Year Definitions) For purposes of the appropriations made by this part, “current fiscal year” means the fiscal 12year beginning July 1, 2006 2007, and ending June 30, 2007 2008, and “prior fiscal year” means the fiscal year beginning July 1, 132005 2006, and ending June 30, 2006 2007. 14 72.4. (GP: Descriptive Proviso Titles) Descriptive proviso titles listed in this act are for purposes of identification only and are 15not to be considered part of the official text. 16 72.5. (GP: Judicial & Involuntary Commitment, Defense of Indigents) It is the responsibility of all agencies, departments and 17institutions of state government, to provide at no cost and as a part of the regular services of the agency, department or institutions 18such services as are necessary to carry out the provisions of Chapter 52 of Title 44 (Involuntary Commitment), Article 7, Chapter 1917 of Title 44 of the 1976 Code (Judicial Commitment), Chapter 3 of Title 17 of the 1976 Code (Defense of Indigents), and Article 201 of Chapter 3 of Title 16 of the 1976 Code (Death Penalty), as amended, upon request of the Judicial Department and/or the 21appropriate court. To this end, state agencies are directed to furnish to the Judicial Department a list of their employees who are 22competent to serve as court examiners. The Judicial Department shall forward a copy of this list to the appropriate courts, and the 23courts shall utilize the services of such state employees whenever feasible. State employees shall receive no additional 24compensation for performing such services. For the purpose of interpreting this section, employees of the Medical University of 25South Carolina and individuals serving an internship or residency as an academic requirement or employees who are not full-time 26state employees and who are not performing duties as state employees are not considered state employees. 27 72.6. (GP: Case Service Billing Payments Prior Year) Notwithstanding any other provision of law, agencies appropriated case 28services funds who routinely receive prior year case service billings after the old fiscal year has been officially closed are 29authorized to pay these case service obligations with current funds. This authorization does not apply to billings on hand that have 30been through a timely agency payment approval process when the old fiscal year closes. 31 72.7. (GP: Federal Program Expenses, Lag Time) After July 1, of the current fiscal year, the Department of Health and 32Environmental Control, Department of Mental Health, Department of Disabilities & Special Needs, Department of Social Services, 33Department of Health and Human Services, Division on Aging, Division of Foster Care, Department of Corrections, and 34Department of Juvenile Justice may expend if necessary, state appropriated funds for the current fiscal year to cover fourth quarter 35federal programs expenses incurred in the prior fiscal year necessitated by the time lag of federal reimbursement. 1 PAGE 273 2 1 72.8. (GP: Fee Increases) (A) No state agency, department, board, committee, commission, or authority, may increase an 2existing fee for performing any duty, responsibility, or function unless the fee for performing the particular duty, responsibility, or 3function is authorized by statutory law and set by regulation except as provided in this paragraph. 4 (B) This paragraph does not apply to: 5 (1) state-supported governmental health care facilities; 6 (2) state-supported schools, colleges, and universities; 7 (3) educational, entertainment, recreational, cultural, and training programs; 8 (4) the State Board of Financial Institutions; 9 (5) sales by state agencies of goods or tangible products produced for or by these agencies; 10 (6) charges by state agencies for room and board provided on state-owned property; 11 (7) application fees for recreational activities sponsored by state agencies and conducted on a draw or lottery basis; 12 (8) court fees or fines levied in a judicial or adjudicatory proceeding; 13 (9) the South Carolina Public Service Authority or the South Carolina Ports Authority. 14 (C) This paragraph does not prohibit a state agency, department, board, committee, or commission from increasing fees for 15services provided to other state agencies, departments, boards, committees, commissions, political subdivisions, or fees for health 16care and laboratory services regardless of whether the fee is set by statute. 17 (D)Statutory law for purposes of this paragraph does not include regulations promulgated pursuant to the State Administrative 18Procedures Act. 19 72.9. (GP: State Institutions - Revenues & Income) The University of South Carolina, Clemson University, the Medical 20University of S. C. (including the Medical University Hospital), The Citadel, Winthrop University, S. C. State University, Francis 21Marion University, University of Charleston, Lander University, Coastal Carolina University, and the Wil Lou Gray Opportunity 22School shall remit all revenues and income, collected at the respective institutions, to the State Treasurer according to the terms of 23Section 72.1 of this act, but all such revenues or income so collected, except fees received as regular term tuition, matriculation, 24and registration, shall be carried in a special continuing account by the State Treasurer, to the credit of the respective institutions, 25and may be requisitioned by said institutions, in the manner prescribed in Section 11-3-185 of the 1976 Code, and expended to 26fulfill the purpose for which such fees or income were levied, but no part of such income shall be used for permanent 27improvements without the express written approval of the State Budget and Control Board and the Joint Legislative Capital Bond 28Review Committee; and it is further required that no such fee or income shall be charged in excess of the amount that is necessary 29to supply the service, or fulfill the purpose for which such fee or income was charged. Notwithstanding other provisions of this 30act, funds at state institutions of higher learning derived wholly from athletic or other student contests, from the activities of 31student organizations, and from the operations of canteens and bookstores, and from approved Private Practice plans at institutions 32and affiliated agencies may be retained at the institution and expended by the respective institutions only in accord with policies 33established by the institution’s Board of Trustees. Such funds shall be audited annually by the State but the provisions of this act 34concerning unclassified personnel compensation, travel, equipment purchases and other purchasing regulations shall not apply to 35the use of these funds. 1 PAGE 274 2 1 72.10. (GP: Transfers of Appropriations) Agencies and institutions shall be authorized to transfer appropriations within 2programs and within the agency with notification to the Division of Budget and Analyses and Comptroller General. No such 3transfer may exceed twenty percent of the program budget. Upon request, details of such transfers may be provided to members of 4the General Assembly on an agency by agency basis. Transfers of appropriations from personal service accounts to other operating 5accounts or from other operating accounts to personal service accounts may be restricted to any established standard level set by 6the Budget and Control Board upon formal approval by a majority of the members of the Budget and Control Board. 7 72.11. (GP: Federal Funds - DHEC, DSS, DHHS - Disallowances) Amounts appropriated to the Department of Health and 8Environmental Control, Department of Social Services and Department of Health and Human Services may be expended to cover 9program operations of prior fiscal years where adjustment of such prior years are necessary under federal regulations or audit 10exceptions. All disallowances or notices of disallowances by any federal agency of any costs claimed by these agencies shall be 11submitted to the State Auditor, the Senate Finance Committee and the House Ways and Means Committee, within five days of 12receipt of such actions. 13 72.12. (GP: Fixed Student Fees) During the current fiscal year, student fees at the state institutions of higher learning shall be 14fixed by the respective Boards of Trustees as follows: 15 (1) Fees applicable to student housing, dining halls, student health service, parking facility, laundries and all other personal 16subsistence expenses shall be sufficient to fully cover the total direct operating and capital expenses of providing such facilities and 17services over their expected useful life except those operating or capital expenses related to the removal of asbestos. 18 (2) Student activity fees may be fixed at such rates as the respective Boards shall deem reasonable and necessary. 19 72.13. (GP: Tech Educ. Colleges Student Activity Fees) Notwithstanding any other provisions of this act, funds at technical 20education colleges derived wholly from the activities of student organizations and from the operations of canteens and bookstores 21may be retained by the college and expended only in accord with policies established by the respective college’s area commission 22and approved by the State Board for Technical and Comprehensive Education. 23 72.14. (GP: SC Health & Human Services Data Warehouse) The General Assembly finds that the operation of health and 24human services may be enhanced by coordination and integration of client information by establishing There is hereby established 25within the Office of Research and Statistics, South Carolina Budget and Control Board, the South Carolina Health and Human 26Services Data Warehouse, formerly the Client Masterfile System. The purpose of the Warehouse is to ensure that the operation of 27health and human services agencies may be enhanced by coordination and integration of client information. To integrate client 28information, data across client data from health and human services state agencies will be linked to improve client outcome 29measures, enabling state agencies to analyze coordination and continuity of care issues. The addition of these data will enhance 30existing agency’s systems by providing client data from other state agency programs to assist in the provision of client services. In 31order to assist in the development and maintenance of this System certain Certain client information shall be delivered to the 32Budget and Control Board, Office of Research and Statistics by the following agencies: Department of Alcohol and Other Drug 33Abuse Services, Commission for the Blind, Division for the Review of Foster Care of Children, Department of Education, 34Department of Health and Environmental Control, Department of Health and Human Services, Department of Juvenile Justice, 35Department of Mental Health, Department of Disabilities and Special Needs, School for the Deaf and the Blind, Department of 36Social Services, Department of Vocational Rehabilitation, Division of Continuum of Care, Department of Corrections, and 1 PAGE 275 2 1Probation, Parole and Pardon Services in order to assist in the development and maintenance of this Warehouse. The following 2agencies shall report client information: 3 • Departments of 4 1. Health and Human Services; 5 2. Health and Environmental Control; 6 3. Mental Health; 7 4. Alcohol and Other Drug Abuse Services; 8 5. Disabilities and Special Needs; 9 6. Social Services; 10 7. Vocational Rehabilitation; 11 8. Education; 12 9. Juvenile Justice; 13 10. Corrections; 14 11. Probation, Parole, and Pardon Services; 15 • Office of the Governor 16 1. Children’s Foster Care Review Board; 17 2. Continuum of Care; 18 • Office of the Lieutenant Governor, Division on Aging; 19 • South Carolina School for the Deaf and the Blind; 20 • Commission for the Blind, and 21 • Other entities as deemed necessary by the Office of Research and Statistics. 22 These agencies and departments shall collect and provide client data in formats and schedules to be specified by the Office of 23Research and Statistics (Office) of the Budget and Control Board. The Budget and Control Board Office shall establish a 24Memorandum of Agreement with each agency, department or division. These Memorandums of Agreement shall specify, but are 25not limited to, the confidentiality of client information, the conditions for the release of data that may identify agencies, 26departments, divisions, programs and services, or clients, any restrictions on the release of data so as to be compliant with state and 27federal statutes and regulations on confidentiality of data, conditions under which the data may be used for research purposes, and 28any security measures to be taken to insure the confidentiality of client information. 29 To ensure accountability and the coordinated, efficient delivery of health and human services, the Office shall implement, in 30 consultation with state health and human services agencies and other entities as deemed necessary by the Office, an Electronic 31Client Management System that includes integrated client data from all participating agencies. 32 In order to provide for inclusion of other entities into the South Carolina Health and Human Services Data Warehouse, the 33Electronic Client Management System and other analytic projects that will assist the state in the efficient and effective provision of 34services, the Office shall have the authority to enter into agreements or transactions with any federal, state or municipal agency or 35other public institution or with any private individual, partnership, firm, corporation, association or other entity to provide 36statistical, research and information dissemination services including, but not limited to, program and outcomes evaluation, 1 PAGE 276 2 1program monitoring/surveillance, projects to determine the feasibility of data collection and/or analyses, information 2dissemination and research. The confidentiality of data collected under these initiatives shall comply with applicable state and 3federal laws governing the privacy of data. 4 The Office shall have the power to promulgate regulations, policies and procedures, in consultation with the participating 5agencies, for the development, protection and operation of the Data Warehouse, the Electronic Client Management System and 6their underlying processes. 7 The Office shall develop internet-accessible secure analytic query tools (such as analytic cubes) using integrated client data 8from the Warehouse. All agencies shall cooperate with the Office in the development of these analytic tools. It is the intent of this 9provision that the analytic tools developed under this provision shall be made available to members of the S.C. General Assembly 10and their research staff members, state agencies, and researchers. To that end, the Office shall, in consultation with the 11participating agencies, promulgate regulations addressing access to and use and release of information generated through use of 12the query tools. 13 All state agencies participating in the Warehouse shall utilize it, including the integrated client management system and the 14analytic query tools, in the day-to-day operation of their programs and for coordination, collaboration, program evaluation and 15outcomes analysis. The Department of Health and Environmental Control shall be exempt from usage of the integrated client 16management system and the analytic query tools in the day-to-day operation of their Client Automated Record and Encounter 17System and their South Carolina Community Assessment Network, but shall provide the Warehouse with client data from the 18system and network. 19 No state agency shall duplicate any of the responsibilities of this provision. 20 For purposes of this subsection, all state laws, regulations, or any rule of any state agency, department, board, or commission 21having the effect or force of law that prohibits or is inconsistent with any provision of this subsection is hereby declared 22inapplicable to this subsection. 23 72.15. (GP: Discrimination Policy) It is the policy of the State of South Carolina to recruit, hire, train, and promote employees 24without discrimination because of race, color, sex, national origin, age, religion or physical disability. This policy is to apply to all 25levels and phases of personnel within state government, including but not limited to recruiting, hiring, compensation, benefits, 26promotions, transfers, layoffs, recalls from layoffs, and educational, social, or recreational programs. It is the policy of the State to 27take affirmative action to remove the disparate effects of past discrimination, if any, because of race, color, sex, national origin, 28age, religion or physical disability. 29 Each state agency shall submit to the State Human Affairs Commission employment and filled vacancy data by race and sex by 30October 31, of each year. 31 In accordance with Section 1-13-110 of the South Carolina Code of Laws of 1976, as amended, the Human Affairs Commission 32shall submit a report on the status of state agencies’ Affirmative Action Plans and Programs to the General Assembly by February 331 each year. This report shall contain the total number of persons employed in each job group, by race and sex, at the end of the 34preceding reporting period, a breakdown by race and sex of those hired or promoted from within the agency during the reporting 35period, and an indication of whether affirmative action goals were achieved. For each job group referenced in the Human Affairs 36report, where the hiring of personnel does not reflect the percentage goals established in the agency’s affirmative action plan for 1 PAGE 277 2 1the year in question, the state agency shall submit a detailed explanation to the Human Affairs Commission by February 15, 2explaining why goals were not achieved. 3 The Human Affairs Commission shall review the explanations and notify the Budget and Control Board of any agency not in 4satisfactory compliance with meeting its stated goals. 5 The Budget and Control Board shall notify any agency not in compliance that their request for additional appropriations for the 6current appropriation cycle, may not be processed until such time as the Budget and Control Board, after consultation with the 7Human Affairs Commission, is satisfied that the agency is making a good faith effort to comply with its affirmative action plan, 8and that the compliance must be accomplished within a reasonable length of time to be determined by the mission and 9circumstances of the agency. This requirement shall not affect additional appropriation requests for public assistance payments or 10aid to entities. This section does not apply to those agencies that have been exempted from the reporting requirements of the 11Human Affairs Commission. 12 72.16. (GP: Residency Preference) Notwithstanding any other provision of law, when a vacancy occurs in a state agency, other 13than institutions of higher education, or when an agency acts to fill a new position, the agency shall give preference to residents of 14this State, if the two are equally qualified for the vacancy or new position. 15 72.17. (GP: Personal Service Reconciliation, FTEs) In order to provide the necessary control over the number of employees, the 16Budget and Control Board is hereby directed to maintain close supervision over the number of state employees, and to require 17specifically the following: 18 1. That no state agency exceed the total authorized number of full-time equivalent positions and those funded from state 19sources as provided in each section of this act except by majority vote of the Budget and Control Board. 20 2. That the Budget and Control Board shall maintain and make, as necessary, periodic adjustments thereto, an official record 21of the total number of authorized full-time equivalent positions by agency for state and total funding sources. 22 (a) That within thirty (30) days of the passage of the Appropriation Act or by August 1, whichever comes later, each 23agency of the State must have established on the Budget and Control Board records all positions authorized in the Act. After that 24date, the Board shall delete any nonestablished positions immediately from the official record of authorized full -time equivalent 25positions. No positions shall be established by the board in excess of the total number of authorized full -time equivalent positions. 26Each agency may, upon notification to the Budget and Control Board, change the funding source of state FTE positions established 27on the Budget and Control Board records as necessary to expend federal and other sources of personal service funds to conserve or 28stay within the state appropriated personal service funds. No agency shall change funding sources that will cause the agency to 29exceed the authorized number of state or total full-time equivalent positions. Each agency may transfer FTEs between programs as 30needed to accomplish the agency mission. 31 (b) That by September 30, the board shall prepare a personal service analysis, by agency, which shows the number of 32established positions for the fiscal year and the amount of funds required, by source of funds, to support the FTE’s for the fiscal 33year at a funding level of 100%. The board shall then reconcile each agency’s personal service detail with the agency’s personal 34service appropriation as contained in the Act adjusted for any pay increases and any other factors necessary to reflect the agency’s 35personal service funding level. The board shall provide a copy of each agency’s personal service reconciliation to the Senate 36Finance and House Ways and Means Committees. 1 PAGE 278 2 1 (c) That any position which is shown by the reconciliation to be unfunded or significantly underfunded may be deleted at 2the direction of the Budget and Control Board. 3 3. That full-time equivalent (FTE) positions shall be determined under the following guidelines: 4 (a) The annual work hours for each FTE shall be the agency’s full-time standard annual work hours. 5 (b) The state FTE shall be derived by multiplying the state percentage of budgeted funds for each position by the FTE for 6that position. 7 (c) All institutions of higher education shall use a value of 0.75 FTE for each position determined to be full -time faculty 8with a duration of nine (9) months. 9 The FTE method of accounting shall be utilized for all authorized positions. 10 4. That the number of positions authorized in this act shall be reduced in the following circumstances: 11 (a) Upon request by an agency. 12 (b) When anticipated federal funds are not made available. 13 (c) When the Budget and Control Board, through study or analysis, becomes aware of any unjustifiable excess of positions 14in any state agency. 15 5. That the Budget and Control Board shall annually reconcile personal service funds with full-time employee count. 16Unfunded positions will be eliminated no later than January 15 of the current fiscal year unless specifically exempted elsewhere in 17this act or by the State Budget and Control Board. The State Budget and Control Board must report the full -time employee count 18and unfunded position status to the Senate Finance Committee and the Ways and Means Committee by February 1 of the current 19fiscal year. 20 6. That no new permanent positions in state government shall be funded by appropriations in acts supplemental to this act but 21temporary positions may be so funded. 22 7. That the provisions of this section shall not apply to personnel exempt from the State Classification and Compensation Plan 23under item I of Section 8-11-260 of the 1976 Code. 24 The Governor, in making his appropriation recommendations to the Ways and Means Committee, must provide that the level of 25personal service appropriation recommended for each agency is at least 97% of the funds required to meet 100% of the funds 26needed for the full-time equivalents positions recommended by the Governor (exclusive of new positions). 27 72.18. (GP: Allowance for Residences & Compensation Restrictions) That salaries paid to officers and employees of the State, 28including its several boards, commissions, and institutions shall be in full for all services rendered, and no perquisites of office or 29of employment shall be allowed in addition thereto, but such perquisites, commodities, services or other benefits shall be charged 30for at the prevailing local value and without the purpose or effect of increasing the compensation of said officer or employee. The 31charge for these items may be payroll deducted at the discretion of the Comptroller General or the chief financial officer at each 32agency maintaining its own payroll system. This shall not apply to the Governor’s Mansion, nor for department-owned housing 33used for recruitment and training of Mental Health Professionals, nor to guards at any of the state’s penal institutions and nurses 34and attendants at the Department of Mental Health, and the Department of Disabilities & Special Needs, and registered nurses 35providing clinical care at the MUSC Medical Center, nor to the Superintendent and staff of John de la Howe School, nor to the 36cottage parents and staff of Wil Lou Gray Opportunity School, nor to full-time or part-time staff who work after regular working 1 PAGE 279 2 1hours in the SLED Communications Center or Maintenance Area, nor to adult staff at the Governor’s School for Science and 2Mathematics who are required to stay on campus by the institution because of job requirements or program participation. The 3presidents of those state institutions of higher learning authorized to provide on-campus residential facilities for students may be 4permitted to occupy residences on the grounds of such institutions without charge. 5 Any state institution of higher learning may provide a housing allowance to the president in lieu of a residential facility, the 6amount to be approved by the Budget and Control Board. 7 That the following may be permitted to occupy residences owned by the respective departments without charge: the 8Commissioner of the Department of Corrections, the Director of the Department of Mental Health, the Farm Director, Farm 9Managers, and Specialists employed at the Wateree River Correctional Institution, Walden Correctional Institution, MacDougall 10Youth Correctional Center, and Givens Youth Correctional Center; the S. C. State Commission of Forestry fire tower operators, 11forestry aides, and caretaker at central headquarters; the Department of Natural Resources’ Game Management Personnel, Fish 12Hatchery Superintendents, Lake Superintendent, and Fort Johnson Superintendent; the Department of Parks, Recreation and 13Tourism field personnel in the State Parks Division; Director of Wil Lou Gray Opportunity School; President of the School for the 14Deaf and the Blind; houseparents for the Commission for the Blind; S.C. Department of Health and Environmental Control 15personnel at the State Park Health Facility and Camp Burnt Gin; Residence Life Coordinators at Lander University; Residence Life 16Directors, temporary and transition employees, student interns, and emergency personnel at Winthrop University; Farm 17Superintendent at Winthrop University; Residence Hall Directors at the College of Charleston; Clemson University’s Head 18Football Coach; the Department of Disabilities & Special Needs’ physicians and other professionals at Whitten Center, Clemson 19University Off-Campus Agricultural Staff and Housing Area Coordinators; and University of South Carolina’s Manager of Bell 20Camp Facility, Housing Maintenance Night Supervisors, Residence Life Directors, temporary and transition employees, and 21emergency medical personnel. Except in the case of elected officials, the fair market rental value of any residence furnished to a 22state employee shall be reported by the state agency furnishing the residence to the Agency Head Salary Commission, and the 23Division of Budget and Analyses by October 1, of each fiscal year. 24 All salaries paid by departments and institutions shall be in accord with a uniform classification and compensation plan, 25approved by the Budget and Control Board, applicable to all personnel of the State Government whose compensation is not 26specifically fixed in this act. Such plan shall include all employees regardless of the source of funds from which payment for 27personal service is drawn. The Division of Budget and Analyses of the Budget and Control Board is authorized to approve 28temporary salary adjustments for classified and unclassified employees who perform temporary duties which are limited by time 29and/or funds. When approved, a temporary salary adjustment shall not be added to an employee’s base salary and shall end when 30the duties are completed and/or the funds expire. Academic personnel of the institutions of higher learning and other individual or 31group of positions that cannot practically be covered by the plan may be excluded therefrom but their compensations as approved 32by the Division of Budget and Analyses shall, nevertheless, be subject to review by the Budget and Control Board. Salary 33appropriations for employees fixed in this act shall be in full for all services rendered, and no supplements from other sources shall 34be permitted or approved by the State Budget and Control Board. With the exception of travel and subsistence, legislative study 35committees shall not compensate any person who is otherwise employed as a full-time state employee. Salaries of the heads of all 36agencies of the State Government shall be specifically fixed in this act and no salary shall be paid any agency head whose salary is 1 PAGE 280 2 1not so fixed. Commuter mileage on non-exempt state vehicles shall be considered as income and reported by the Comptroller 2General in accordance with IRS regulations. As long as there is no impact on appropriated funds, state agencies and institutions 3shall be allowed to spend public funds and/or other funds for designated employee award programs which shall have written 4criteria approved by the agency governing board or commission. For purposes of this section, monetary awards, if any, shall not 5be considered a part of an employee’s base salary, a salary supplement, or a perquisite of employment. The names of all 6employees receiving monetary awards and the amounts received shall be reported annually to the South Carolina Division of 7Budget and Analyses. 8 In the case of lodging furnished by certain higher education institutions to employees, the prevailing local rate does not apply if 9the institution meets the exceptions for inadequate rent described in the current Internal Revenue Code Section 119(d)(2). To meet 10the exception, rental rates must equal the lesser of five percent of the appraised value of the qualified campus lodging, or the 11average of the rentals paid by individuals (other than employees or students of the educational institution) during the calendar year 12for lodging provided by the educational institution which is comparable to the qualified campus lodging provided to the employee, 13over the rent paid by the employee for the qualified campus lodging during the calendar year. The appraised value shall be 14determined as of the close of the calendar year in which the taxable year begins, or, in the case of a rental period not greater than 15one year, at any time during the calendar year in which the period begins. 16 72.19. (GP: MUSC Hospital Services Rates) The Board of the Medical University Hospital Authority shall provide hospital 17services, including psychiatric hospital services, to state employees and officials of state government at a rate not to exceed the 18payment rates to hospitals provided by the employee’s insurance program(s). Physician fees, psychiatric professional provider 19fees, and all dental are not included. 20 72.20. (GP: Universities & Colleges - Allowance for Presidents) Presidents of the University of South Carolina, Clemson 21University, the Medical University of South Carolina, The Citadel, Winthrop University, South Carolina State University, Francis 22Marion University, University of Charleston, Coastal Carolina University and Lander University must not be paid a fixed 23allowance for personal expenses incurred in connection with the performance of their official duties. Reimbursements may be 24made to the presidents from funds available to their respective institutions for any personal expenses incurred provided that all 25requests for reimbursement are supported by properly documented vouchers processed through the normal accounting procedures 26of the institutions. 27 72.21. (GP: Replacement of Personal Property) The Department of Juvenile Justice, Department of Corrections, Probation, 28Parole and Pardon Services, Department of Mental Health, Department of Disabilities & Special Needs, Continuum of Care, 29Department of Social Services and School for the Deaf and the Blind may replace the personal property of an employee which has 30been damaged or destroyed by a client while in custody of the agency. The replacement of personal property may be made only if 31the loss has resulted from actions by the employee deemed to be appropriate and in the line of duty by the agency head and if the 32damaged or destroyed item is found by the agency head to be reasonable in value, and necessary for the employee to carry out the 33functions and duties of his employment. Replacement of damaged or destroyed items shall not exceed $250 per item, per incident. 34Each agency must have guidelines to insure the reasonableness of the replacement payments. 35 72.22. (GP: Business Expense Reimbursement) Agency heads and deputy commissioners or deputy directors designated by 36agency heads may receive reimbursements for business expenses incurred while performing their official duties, provided that 1 PAGE 281 2 1receipts are presented when seeking reimbursement and justification is submitted to document the time, place, and purpose of the 2expense as well as the names of the individuals involved. The Budget and Control Board shall promulgate regulations governing 3these expenses. 4 72.23. (GP: Per Diem) The per diem allowance of all boards, commissions and committees shall be at the rate of thirty -five 5($35) dollars per day. No full-time officer or employee of the State shall draw any per diem allowance for service on such boards, 6commissions or committees. 7 72.24. (GP: Travel Spouse of Governor & Lt. Governor) Notwithstanding any other provision of law, the spouses of the 8Governor and the Lieutenant Governor of the State are authorized to receive reimbursement of actual expenses when 9accompanying the Governor or the Lieutenant Governor on official state business. 10 72.25. (GP: Travel - Subsistence Expenses & Mileage) Travel and subsistence expenses, whether paid from state appropriated, 11federal, local or other funds, shall be allowed in accordance with the following provisions: 12 A.Unless otherwise provided in paragraphs B through H of this section, all employees of the State of South Carolina or any 13agency thereof including employees and members of the governing bodies of each technical college while traveling on the business 14of the State shall, upon presentation of a paid receipt, be allowed reimbursement for actual expenses incurred for lodging, not to 15exceed the current maximum lodging rates, excluding taxes, established by the U.S. General Services Administration. The lodging 16reimbursement for employees of a school district must also conform to these rates when that employee's travel reimbursement is 17paid by state funds that are transferred to the school district. Agencies may contract with lodging facilities to pay on behalf of an 18employee. Failure to maintain proper control of direct payments for lodging may result in the revocation of the agency’s authority 19by the Comptroller General or the State Auditor. The employee shall also be reimbursed for the actual expenses incurred in the 20obtaining of meals except that such costs shall not exceed $25 per day within the State of South Carolina. For travel outside of 21South Carolina the maximum daily reimbursement for meals shall not exceed $32. Agencies may contract with food or dining 22facilities to pay for meals on behalf of employees in accordance with rules and regulations established by the Budget and Control 23Board. It shall be the responsibility of the agency head to monitor the charges for lodging which might be claimed by his 24employees in order to determine that such charges are following maximum lodging rates as established by the U.S. General 25Services Administration. Any exceptions must have the written approval of the agency head, taking into consideration location, 26purpose of travel or other extenuating circumstances. The provisions of this item shall not apply to Section 42-3-40 of the 1976 27Code, and when pertaining to institutions of higher learning, for travel paid with funds other than General Funds. 28 B. That employees of the State, when traveling outside the United States, Canada, and Puerto Rico upon promotional business 29for the State of South Carolina shall be entitled to actual expenses for both food and lodging. 30 C. The Governor, Lieutenant Governor, Secretary of State, Comptroller General, Attorney General, State Treasurer, Adjutant 31General, Superintendent of Education and the Commissioner of Agriculture shall be reimbursed actual expenses for subsistence. 32 D. Nonlegislative members of committees appointed pursuant to Acts and Resolutions of the General Assembly whose 33membership consists solely of members of the General Assembly or members of the General Assembly and other personnel who 34are not employees of the State of South Carolina shall be allowed subsistence expenses of $35 per day while traveling on official 35business, unless otherwise designated by law. Members of such committees may opt to receive actual expenses incurred for 36lodging and actual expenses incurred in the obtaining of meals in lieu of the allowable subsistence expense. 1 PAGE 282 2 1 E. Members of the state boards, commissions, or committees whose duties are not full-time and who are paid on a per diem 2basis, shall be allowed reimbursement for actual expenses incurred at the rates provided in paragraph A and I of this section while 3away from their places of residence on official business of the State. One person accompanying a handicapped member of a state 4board, commission, or committee on official business of the State shall be allowed the same reimbursement for actual expenses 5incurred at the rates provided in paragraph A through I of this section. 6 F. No subsistence reimbursement shall be allowed to a Justice of the Supreme Court or Judge of the Court of Appeals while 7traveling in the county of his official residence. When traveling on official business of said court within 50 miles outside the 8county of his official residence, a Supreme Court Justice and a Judge of the Court of Appeals shall be allowed subsistence 9expenses in the amount of $35 per day plus such mileage allowance for travel as is provided for other employees of the State. 10When traveling on official business of said court 50 or more miles outside the county of his official residence, each Justice and 11Judge of the Court of Appeals shall be allowed subsistence expenses in the amount as provided in this act for members of the 12General Assembly plus such mileage allowance for travel as is provided for other employees of the State. The Chief Justice, or 13such other person as the Chief Justice designates, while attending the Conference of Chief Justices and one member of the Supreme 14Court while attending the National Convention of Appellate Court Judges, and three Circuit Judges while attending the National 15Convention of State Trial Judges shall be allowed actual subsistence and travel expenses. 16 Upon approval of the Chief Justice, Supreme Court Justices, Judges of the Court of Appeals, Circuit Judges, and Family Court 17Judges shall be reimbursed for actual expenses incurred for all other official business requiring out-of-state expenses at the rate 18provided in paragraph A of this section. 19 G. No subsistence reimbursements are allowed to a Circuit Judge, a Family Court Judge, or an Administrative Law Judge while 20holding court within the county in which he resides. While holding court or on other official business outside the county, within 21fifty miles of his residence, a Circuit Court Judge, Family Court Judge, or an Administrative Law Judge is entitled to a subsistence 22allowance in the amount of $35 per day plus such mileage allowance for travel as is provided for other employees of the State. 23While holding court or on other official business at a location fifty miles or more from his residence, a Circuit Court, Family Court 24or Administrative Law Judge is entitled to a subsistence allowance in the amount as provided in this act for members of the 25General Assembly plus such mileage allowance for travel as is provided for other employees of the State. 26 H. Any retired Justice, Circuit Court Judge or Family Court Judge or Master-in-Equity appointed by the Supreme Court to serve 27as a Special Circuit Judge, Family Court Judge, Appeals Court Judge, or Acting Associate Justice shall serve without pay but shall 28receive the same allowance for subsistence, expenses, and mileage as provided in Part I for Circuit Court Judges. 29 I. No expense shall be allowed an employee either at his place of residence or at the official headquarters of the agency by 30which he is employed except as provided in paragraph E, of this section. When an employee is assigned to work a particular 31territory or district, and such territory or district and his official headquarters are in different localities or sections of the State, 32expenses may be allowed for the necessary travel to his official headquarters. The members of the Workers’ Compensation 33Commission and the Employment Security Commission may be reimbursed at the regular mileage rate of one round trip each week 34from their respective homes to Columbia. No subsistence reimbursement shall be allowed to a member of the Workers’ 35Compensation Commission or the Employment Security Commission while traveling in the county of his official residence. When 36traveling on official business of the commission outside the county of his official residence, a member of the Workers’ 1 PAGE 283 2 1Compensation Commission or the Employment Security Commission shall be allowed subsistence expenses in the amount of $35 2per day. When traveling on official business of the commission 50 or more miles outside the county of his official residence, each 3member shall be allowed a subsistence allowance in the amount as provided in this act for members of the General Assembly. 4When out-of-state, members of the Workers’ Compensation Commission and the Employment Security Commission may claim 5the established amount of per diem, as stated in the General Appropriation Act, or actual expenses as deemed reasonable by the 6Comptroller General. 7 J. When an employee of the State shall use his or her personal automobile in traveling on necessary official business, a charge to 8equal the standard business mileage rate as established by the Internal Revenue Service will be allowed for the use of such 9automobile and the employee shall bear the expense of supplies and upkeep thereof. However, the standard business mileage rate 10used in this calculation shall be the lesser of 44.5 cents per mile or the current rate established by the Internal Revenue Service. 11Whenever state provided motor pool vehicles are reasonably available and their use is practical and an employee of the State shall 12request for his own benefit to use his or her personal vehicle in traveling on necessary official business, a charge of 4 cents per 13mile less than the standard business mileage rate as established by the Internal Revenue Service will be allocated for the use of 14such vehicle and the employee shall bear the expense of supplies and upkeep thereof. However, the standard business mileage rate 15used in this calculation shall be the lesser of 44.5 cents per mile or the current rate established by the Internal Revenue Service. 16When such travel is by a state-owned automobile, the State shall bear the expense of supplies and upkeep thereof but no mileage 17will be allowed. Agencies and employees are directed to use state fueling facilities to the maximum extent possible, when such use 18is cost beneficial to the State. When using commercial fueling facilities, operators of State-owned vehicles are directed to use 19self-service pumps. In traveling on the business of the State, employees are required to use the most economical mode of 20transportation, due consideration being given to urgency, schedules and like factors. 21 Mileage between an employee’s home and his/her place of employment is not subject to reimbursement. However, when an 22employee leaves on a business trip directly from his/her home, and does not go by the employee’s headquarters, the employee shall 23be eligible for reimbursement for actual mileage beginning at his/her residence. 24 K. That a state agency may advance travel and subsistence expense monies to employees of that agency for the financing of 25ordinary and necessary travel required in the conducting of the business of the agency. The Budget and Control Board is directed 26to develop and publish rules and regulations pertaining to the advancing of travel expenses and no state agency shall make such 27advances except under the rules and regulations as published. All advances for travel and subsistence monies shall be repaid to the 28agency within thirty (30) days after the end of the trip or by July 15, whichever comes first. 29 L. That the state institutions of higher learning are authorized to reimburse reasonable relocation expenses for new employees 30when such reimbursements are considered by the agency head to be essential to successful recruitment of professionally competent 31staff members. 32 M. The State Budget and Control Board is authorized to promulgate and publish rules and regulations governing travel and 33subsistence payments. 34 N. No state funds may be used to purchase first class airline tickets. 35 72.26. (GP: Organizations Receiving State Appropriations Report) Each organization receiving a contribution in this act shall 36render to the state agency making the contribution by November 1 of the fiscal year in which funds are received, an accounting of 1 PAGE 284 2 1how the state funds will be spent, a copy of the adopted budget for the current year, and also a copy of the organization’s most 2recent operating financial statement. The funds appropriated in this act for contributions shall not be expended until the required 3financial statements are filed with the appropriate state agency. No funds in this act shall be disbursed to organizations or purposes 4which practice discrimination against persons by virtue of race, creed, color or national origin. The State Auditor shall review and 5audit, if necessary, the financial structure and activities of each organization receiving contributions in this act and make a report to 6the General Assembly of such review and/or audit, when requested to do so by the Budget and Control Board. 7 72.27. (GP: Information Technology - Report of Requested Increases) The Budget and Control Board is authorized and directed 8to identify all requested increases for information technology for agencies, Institutions or departments, with the exception of 9colleges, universities and technical institutions, compile the requests into one report, evaluate the requests and forward the 10evaluation to the Governor, the Chairman of Senate Finance Committee, and the Chairman of the House Ways & Means 11Committee. 12 72.28. (GP: State Owned Aircraft - Maintenance Logs) Each agency having in its custody one or more aircraft shall maintain a 13continuing log on all flights, which shall be open for public inspection. Any and all aircraft owned or operated by agencies of the 14State Government shall be used only for official business. The Division of Aeronautics and other agencies owning and operating 15aircraft may furnish transportation to the Governor, Constitutional Officers, members of the General Assembly, members of state 16boards, commissions, and agencies and their invitees for official business only; no member of the General Assembly, no member 17of a state board, commission, or committee, and no state official shall use any aircraft of the Division of Aeronautics unless the 18member or official files within forty-eight hours after the time of departure of the flight with the Division of Aeronautics a sworn 19statement certifying and describing the official nature of his trip; and no member of the General Assembly, no member of a state 20board, commission or committee, and no state official shall be furnished air transportation by a state agency other than the Division 21of Aeronautics unless such agency prepares and maintains in its files a sworn statement from the highest ranking official of the 22agency certifying that the member’s or state official’s trip was in conjunction with the official business of the agency. Official 23business shall not include routine transportation to and from meetings of the General Assembly or committee meetings for which 24mileage is authorized. 25 All logs shall be signed by the parties using the flight and the signatures shall be maintained as part of the permanent record of 26any agency. All passengers shall be listed on the flight log by their legal name; passengers flying with an appropriate official of 27SLED or the Division of State Development whose confidentiality must, in the opinion of SLED or the division, be protected shall 28be listed in writing on the flight log as “Confidential Passenger SLED or the Division of State Development (strike one)” and the 29appropriate official of SLED or the division shall certify to the agency operating the aircraft the necessity for such confidentiality. 30 Violation of the above provisions of this section is prima facie evidence of a violation of Section 8-13-410(1) of the 1976 Code 31and shall subject a violating member of the General Assembly to the ethics procedure of his appropriate house and shall subject a 32violating member of a state board, commission or committee, or a state official to the applicable ethics procedure relating to them 33as provided by law. The above provisions do not apply to aircraft of the Division of Aeronautics when used by the Medical 34University of South Carolina, nor to aircraft of the athletic department or the educational foundations of any state -supported 35institution of higher education. 36 Aircraft owned by agencies of state government shall not be leased to individuals for their personal use. 1 PAGE 285 2 1 72.29. (GP: Carry Forward) Each agency is authorized to carry forward unspent general fund appropriations from the prior 2fiscal year into the current fiscal year, up to a maximum of ten percent of its original general fund appropriations less any 3appropriation reductions for the current fiscal year. Agencies shall not withhold services in order to carry forward general funds. 4 This provision shall be suspended if necessary to avoid a fiscal year-end general fund deficit. For purposes of this proviso, the 5amount of the general fund surplus/deficit must be considered after all appropriations from the Capital Reserve Fund have been 6allowed and before any transfers from the General Reserve. The amount of general funds needed to avoid a year -end deficit shall 7be reduced proportionately from each agency’s carry forward amount. 8 Agencies which have separate general fund carry forward authority must exclude the amount carried forward by such separate 9authority from their base for purposes of calculating the ten percent carry forward authorized herein. Any funds that are carried 10forward as a result of this provision are not considered part of the base of appropriations for any succeeding years. 11 72.30. (GP: Regulatory Audit) Each agency shall conduct a jurisdictional audit for the purpose of identifying laws, regulations 12and provisos which are not being used or no longer need to be regulated. After identifying these laws, repeals are to be drafted for 13submission to the appropriate standing committee of the General Assembly by January 31. 14 72.31. (GP: TEFRA-Tax Equity and Fiscal Responsibility Act) It is the intent of the General Assembly that the State Medicaid 15Plan be amended to provide benefits for disabled children as allowed by the Tax Equity and Fiscal Responsibility Act (TEFRA) 16option. State agencies, including but not limited to, the Department of Social Services - the Continuum of Care, the Department of 17Health and Environmental Control, the Department of Mental Health, the Department of Disabilities and Special Needs, and the 18Department of Health and Human Services shall collectively review and identify existing state appropriations within their 19respective budgets that can be used as state match to serve these children. Such funds shall be used effective January 1, 1995 to 20implement TEFRA option benefits. Agencies providing services under the provisions of this paragraph must not spend less in the 21current fiscal year than expended in the previous fiscal year. 22 72.32. (GP: Frequent Flyer Premiums) State agencies and employees shall select air carriers based on cost and time criteria, not 23on whether frequent flyer premiums are given. State agencies should ensure that employees earning frequent flyer premiums while 24traveling on state business use them to reduce the cost of subsequent business travel whenever possible. 25 72.33. (GP: Prison Industries) All agencies funded in this act, when procuring goods and services, shall first consider 26contracting for services or purchasing goods and services through the Department of Corrections’ Prison Industries Program. The 27Department of Corrections shall furnish, upon request, to all agencies a catalogue of goods and services provided by Prison 28Industries. The department is hereby directed to develop and market a catalogue of Prison Industries products for nationwide 29circulation. 30 72.34. (GP: Travel Report) Annually on November 1, the Comptroller General shall issue a report on travel expenditures for the 31prior fiscal year which shall be distributed to the Senate Finance Committee, the House Ways and Means Committee, and the 32Statehouse Press Room. The Comptroller General may use up to $500 of general fund appropriations for the purpose of providing 33copies to the media or the public upon request. The report must contain a listing for every agency receiving an appropriation in the 34annual General Appropriations Act. The listing must show at a minimum the top ten percent of employees for whom travel 35expenses and registration fees were paid within each agency, not to exceed twenty-five employees per agency. Agencies should 36include position titles for each of the top twenty-five travelers for each agency. Expenditures must include state, federal and other 1 PAGE 286 2 1sources of funds. The list for each agency must be in rank order with the largest expenditure first and the name of the employee 2must be shown with each amount. Agencies should include a brief summary of the type of travel the agency incurs. The 3Comptroller General may provide additional information as deemed appropriate. The Comptroller General shall provide no 4exceptions to this report in that the information contained is not considered confidential or restricted for economic development 5purposes. However, further disclosure of detailed information shall be restricted as provided for by law. 6 72.35. (GP: School Technology Initiative) From the funds appropriated/authorized for the K-12 technology initiative, the 7Department of Education, in consultation with the Budget and Control Board’s Office of Information Resources Chief Information 8Office, the State Library and Educational Television Commission shall administer the K-12 technology initiative funds. These 9funds are intended to provide technology, encourage effective use of technology in K-12 public schools throughout the state, 10conduct cost/benefit analyses of the various technologies and should, to the maximum extent possible, involve public-private sector 11collaborative efforts. Funds may also be used to establish pilot projects for new technologies with selected school districts as part 12of the evaluation process. K-12 technology initiative funds shall be retained and carried forward to be used for the same purpose. 13 72.36. (GP: State Operated Day Care Facilities Fees) Any state agency receiving funding in this act and any higher education 14institution, including 4 year institutions, 2 year institutions, and technical colleges, that operates an early childhood development 15center or day care facility shall charge, at a minimum, fees that are comparable to those charged by private day care facilities in the 16local community. The institution or agency shall not restrict enrollment in the center solely to the children of faculty, staff, and 17students of the institution; nor shall fees be set at a lower level for faculty, staff, or students of the institution or agency. 18 72.37. (GP: Base Budget Analysis) Agencies’ annual accountability reports for the prior fiscal year, as required in Section 191-1-810, must be accessible to the Governor, Senate Finance Committee, House Ways & Means Committee, and to the public on 20or before September 15, for the purpose of a zero-base budget analysis and in order to ensure that the Agency Head Salary 21Commission has the accountability reports for use in a timely manner. Accountability Report guidelines shall require agencies to 22identify key program area descriptions and expenditures and link these to key financial and performance results measures. The 23Budget & Control Board is directed to develop a process for training agency leaders on the annual agency accountability report and 24its use in financial, organizational, and accountability improvement. Until performance-based funding is fully implemented and 25reported annually, the state supported colleges, universities and technical schools shall report in accordance with Section 2659-101-350. 27 72.38. (GP: Collection on Dishonored Payments) In lieu of any other provision of law, any state agency may collect a service 28charge as provided in Section 34-11-70 to cover the costs associated with the processing and collection of dishonored instruments 29or electronic payments where any amount is not paid by the drawee due to insufficient funds on deposit with the bank or the person 30upon which it was drawn when presented, or the instrument has an incorrect or insufficient signature on it. Such funds shall be 31retained and expended by the agency in accordance with this purpose and any unused amount shall carry forward to the following 32fiscal year. 33 72.39. (GP: State DNA Database) Funds collected by the S.C. Department of Corrections, the Department of Probation, Parole 34and Pardon, and Department of Juvenile Justice to process DNA samples must be remitted to the State Law Enforcement Division 35to offset the expenses incurred to operate the State DNA Database program. SLED may retain, expend, and carry forward these 1 PAGE 287 2 1funds. Any carry forward funds resulting from the DNA Database program must be used solely to operate the DNA Database 2program. 3 72.40. (GP: Innovative Transportation) The Transportation Infrastructure Bank or the Railroad Commission may make grants 4for developing innovative transportation technology, such as light rail, mono-rail, or mono-beam. 5 72.41. (GP: Pay Telephone Revenue) Notwithstanding any other provision of law, all state agencies, institutions, colleges and 6universities must remit to the general fund all revenues received and all monies retained above the cost of allowing the placement 7or location of pay telephones on public property. Each state agency, institution, college and university must annually report to the 8Office of State Budget the revenue received for allowing the placement or location of pay telephones on public property. This 9proviso includes any commission(s), state agencies, institutions, colleges and universities receive for allowing the placement or 10location of pay telephones on public property. Public property means any and all property occupied or under the control of a state 11agency, institution, college or university. Beginning April 1, 2008, and ending on the last day of Fiscal Year 2008, the State shall 12forego any commissions or revenues for the provision of pay telephones in institutions of the Department of Corrections and the 13Department of Juvenile Justice for use by inmates. The State Budget and Control Board shall ensure that the telephone rates 14charged by vendors for the use of those telephones must be reduced to reflect this foregone state revenue. 15 72.42. (GP: PSA Agriculture Teachers Summer Employment) In addition to funds previously established for Clemson 16University PSA to fund summer employment of agriculture teachers, the Department of Education shall transfer funds appropriated 17in Part IA, Section XI.F3 of this document, Other State Agencies and Entities, Teacher Pay - Other Agencies to Clemson 18University PSA to cover state-mandated salary increases on that portion of the agriculture teachers’ salaries attributable to summer 19employment. 20 72.43. (GP: Menu Option Telephone Answering Devices) From the funds appropriated to state agencies, state agencies and 21their departments shall not expend funds for any type of menu option telephone answering device, unless the menu option system 22provides the caller with access to a nonelectronic attendant or automatically transfers the caller to a nonelectronic attendant. This 23requirement applies during the hours of 8:30 AM until 5:00 PM, Monday through Friday, excluding holidays. This requirement 24does not apply to integrated voice response systems that are specifically designed to exclude human interaction. No additional 25personnel may be hired to implement the requirements of this provision. 26 72.44. (GP: Voluntary Separation Incentive Program) State agencies may implement, in consultation with the Office of Human 27Resources of the Budget and Control Board, a program to realign resources to include provisions for a separation incentive 28payment for employees which may include the employer portion of health and dental benefits not to exceed one year. Employees 29participating in such program shall not be eligible to participate in the Teacher and Employee Retention Incentive (TERI) program. 30Employees participating in such program shall be considered to have voluntarily quit their employment without good cause and be 31subject to the provisions of Section 41-35-120(1) of the S.C. Employment Security Law. Any program developed under this 32provision will involve voluntary participation from employees and will be funded within existing appropriations. The program 33must be approved by the agency head and the Director of the Division of Budget and Analyses based on ability to demonstrate 34recurring cost savings for realignment and/or permanent downsizing. State agencies shall report the prior year’s results to the 35Budget and Control Board by August 15, of the current fiscal year. The Budget and Control Board shall report to the Senate 36Finance Committee and the House Ways and Means Committee on these results. 1 PAGE 288 2 1 72.45. (GP: Alternative Commitment to Truancy) As part of its plan for an alternative school, a school district receiving funds 2from the Department of Education for an alternative school shall identify available alternatives to commitment for children whose 3truancy is approaching the level of being referred to family court. When proceeding under S.C. Code Section 59-65-50 to bring an 4individual case before the family court, the school district must present this plan as well as the district’s efforts with respect to the 5individual child to the court. Each school district’s plan under this proviso shall include possible assignment to alternative school 6for a nonattending child before petitioning the court. 7 72.46. (GP: Voluntary Furlough) Notwithstanding Section 8-11-195 of the 1976 Code, or any other provision of law, in a fiscal 8year in which the general funds appropriated for a state agency are less than the general funds appropriated for that agency in 9Fiscal Year 2001-02, or whenever the General Assembly or the Budget and Control Board implements a midyear across-the-board 10budget reduction, agency heads may institute a voluntary employee furlough program of not more than ninety days per fiscal year. 11During this voluntary furlough, the state employees shall be entitled to participate in the same state benefits as otherwise available 12to them except for receiving their salaries. As to those benefits which require employer and employee contributions, the state 13agencies, institutions and departments will be responsible for making both employer and employee contributions if coverage would 14otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely 15responsible for making those contributions. In the event an agency’s reduction is due solely to the General Assembly transferring 16or deleting a program, this provision does not apply. 17 72.47. (GP: Debt Collection Reports) Each state agency shall provide to the Chairmen of the Senate Finance and House of 18Representatives Ways and Means Committees a report detailing the amount of its outstanding debt and all methods it has used to 19collect that debt. This report is due by the last day of February for the previous calendar year. 20 72.48. (GP: State Funded Libraries - Web Filters) (A) A library receiving state funds, directly, indirectly, by grant, or 21otherwise, other than a library at an institution of higher learning, that has computers available for use by the public or students, or 22both, must equip these computers with software incorporating web-filtering technology designed to eliminate or reduce the ability 23of the computer to access sites displaying pornographic pictures or text. However, up to ten percent, and at least one, of the 24library’s computers must be unfiltered. Each library’s governing officials shall determine the physical location of any unfiltered 25computer(s). The library also must have a written policy providing sanctions against a person who instructs or demonstrates to 26another person how to bypass this web-filtering technology. 27 (B) State funds intended for a library not in compliance with subsection (A) must be reduced by fifty percent. Funds resulting 28from this reduction must be distributed among other libraries that are in compliance with subsection (A). 29 72.49. (GP: Forego Salary Increase) Employees, staff and/or faculty of Higher Education Institutions, including Public Service 30Activities agencies, may request to voluntarily forego the Fiscal Year 2005-06 general or merit salary increase and have the funds 31appropriated for that increase remain in the base budget of the institution or agency; however, no employee, staff or faculty may 32voluntarily forego this increase if the employee, faculty or staff would then earn below the minimum of his pay band. 33 72.50. (GP: Tobacco Settlement Funds Carry Forward) State agencies are hereby authorized to retain and carry forward any 34unexpended Tobacco Settlement Agreement funds from the prior fiscal year into the current fiscal year and to expend such funds 35for the same purpose. 1 PAGE 289 2 1 72.51. (GP: Use Tax Exemption) For the current fiscal year there is exempt from the use tax imposed pursuant to Chapter 36 of 2Title 12 of the 1976 Code the sales price of tangible personal property purchased for use in private primary and secondary schools, 3including kindergartens and early childhood education programs, which are exempt from income taxes pursuant to Section 501(c) 4(3) of the Internal Revenue Code. For the purposes of this item, the Internal Revenue Code means Internal Revenue Code as 5described in Section 12-6-40 of the 1976 Code. This exemption applies for sales occurring after 1995. No refund is due any 6taxpayer of use tax paid on sales exempted by this paragraph. 7 72.52. (GP: Across-the-Board Reductions) When spreading any across-the-board cut mandated by the Budget and Control 8Board or the General Assembly, state agencies are encouraged to reduce general operating expenses, which shall include but is not 9limited to, travel, training, procurement, and the hiring of temporary and contractual employees before reductions are made to 10programs, special line items, or local provider services critical to the agency’s mission. 11 72.53. (GP: Personal Property Tax Relief Fund) For the current fiscal year, Section 12-37-2735 of the 1976 Code is suspended. 12If the Personal Property Tax Exemption Sales Tax is imposed in a county and a sales tax rate of two percent of gross proceeds of 13sales is insufficient to offset the property tax not collected, sufficient amounts must be credited to the Trust Fund for Tax Relief 14established pursuant to Section 11-11-150 of the 1976 Code to provide the reimbursement to offset such a shortfall in the manner 15provided in Section 4-10-540(A) of the 1976 Code. 16 72.54. (GP: Accommodations Tax) For the current fiscal year the word ‘tourist’, as used in Section 6-4-10, does not apply to 17museums or to festivals, arts and cultural events, or the sponsoring organization of these events. 18 72.55. (GP: COG Annual Report) Each Council of Government shall submit a report to the Senate Finance Committee and the 19House Ways and Means Committee by December 1 each year describing how the funds which they received from the State in the 20prior fiscal year were expended. 21 72.56. (GP: Governor’s Office, Veterans Affairs) Of the funds appropriated for the Division of Veterans Affairs, the Director 22of the Division shall appoint an additional claims representative within the Division of Veterans Affairs, who, in addition to being 23charged with the duty of assisting all ex-servicemen, regardless of the wars in which their service may have been rendered, in 24filing, presenting, and prosecuting to final determination all claims which they have for money compensation, hospitalization, 25training, and insurance benefits under the terms of federal legislation, shall also specialize in the specific needs and diseases 26associated with veterans of the Vietnam era. The person appointed as a claims representative under this section must be versed in 27federal legislation relating to these matters and the rules, regulations, and practice of the Veterans Administration as created by 28Congress and his appointment must be approved by the Governor. 29 Subject to the direction of the director, and in addition to other duties prescribed in this section, the claims representative 30appointed pursuant to this section may represent the Division of Veterans Affairs on the South Carolina Agent Orange Advisory 31Council and on the Hepatitis C Coalition established by the South Carolina Department of Health and Environmental Control, 32assist the Division of Veterans Affairs in carrying out its duties in connection with the Agent Orange Information and Assistance 33program, represent the director in connection with functions relating to Vietnam veterans, and perform other duties as may be 34assigned by the director. 35 72.57. (GP: South Carolina Recycling Initiative) To protect the public health and safety, protect and preserve the environment 36of this State, and to recover resources which have the potential for usefulness in the most environmentally safe, economically 1 PAGE 290 2 1feasible and cost effective manner, state agencies shall purchase recycled steel unless the item cannot be acquired competitively at 2a reasonable price. 3 72.58. (GP: Restore Barnwell Funding) It is the intent of the General Assembly, that beginning in Fiscal Year 2004-05 the 4General Assembly shall begin to restore funding to the Extended Care Maintenance Fund as defined in Section 13-7-10 by 5appropriating $5,000,000 each year until such time as the amount in the Fund is restored to the Fiscal Year 2000-01 level, plus 6interest. If at any time the Extended Care Maintenance Fund is insufficient due to a reduction in funding in the Fiscal Year 2001- 72002 and/or 2002-2003 appropriations bill to cover the costs of the uses of the fund, the State shall be solely and exclusively 8responsible for repaying an amount to restore funding to the Extended Care Maintenance Fund. 9 72.59. (GP: Best Management Practices) Using a format similar to the Department of Transportation’s best management 10practices report, by September 1 of each year, agencies appropriated funds in this act must report on their website a self assessment 11of the agency’s use of the following best practices during the prior fiscal year. Agencies are encouraged to partner with other 12agencies for a peer review process. For each of the best practices, the agency must publicly rate itself as in compliance, in 13progress, or in non-compliance. State institutions of higher education are exempt from this requirement. 14 (1) Integration of Planning and Budgeting: The agency employs a multi-year strategic planning process that links the 15planning process with the annual budget review. 16 (2) Internal Audit: The agency utilizes an active internal audit process that includes: (a) programmatic reviews along with 17fiscal reviews; (b) consistent follow-up on audit findings; and (c) reporting of the internal audit function to the institutional head 18and/or to the governing board, if applicable. Agencies that cannot afford a separate internal audit staff should use internal reviews 19that serve the same function as an internal auditor. 20 (3) Collaboration and Partnerships: The agency demonstrates financially beneficial collaborative efforts with other public 21entities in performance of business functions including, as applicable, but not limited to, financial management, energy 22management, printing and publications, mail service, procurement, warehousing, public safety, security, space utilization, and 23parking. 24 (4) Outsourcing and Privatization: The agency examines opportunities for contracting out various business functions, has 25performed cost analyses, and has implemented, where economically feasible, cost saving contracts. 26 (5) Process Analysis: The agency makes a critical examination of its business processes in an effort to increase 27productivity, reduce waste and duplication, and improve the quality of services provided to its internal customers. 28 (6) Use of Automation and Technology: The agency uses a long range plan for improved use of technology to enhance 29business processes and takes deliberate efforts to implement this technology within budget constraints. 30 (7) Energy and Other Resource Conservation and Management: The agency uses a plan to conserve energy and other 31resources and has demonstrated positive results from the plan. 32 (8) Preventive and Deferred Maintenance: The agency uses a regular program of preventive maintenance to preserve its 33physical assets and has developed a plan to address overdue maintenance needs for its facilities. 34 (9) Alternate Revenue Sources: The agency makes substantial efforts to identify and secure alternate revenue sources 35(excluding categorical grants for specific functions) to supplement funds available from state appropriations. 1 PAGE 291 2 1 (10) External Annual Financial Audit Findings: The agency minimizes or avoids all management letter and single audit 2findings in the annual audit performed or supervised by the State Auditor, especially violations of state law, material weaknesses, 3and single audit “findings” and “questioned costs.” 4 (11) External Review Findings: The agency minimizes or avoids all non-compliance findings related to its business practices 5in external reviews and audits. 6 (12) Long Range Capital Plan: The institution uses a long range (minimum three to five years) capital improvement plan for 7major capital requirements for its buildings and has, subject to fund availability, begun implementation of the plan. 8 (13) Risk Management: The agency has an active risk management program in place to minimize its losses. 9 72.60. (GP: Life and Palmetto Fellows Scholarships Waiver Exemption) Any provision in permanent law or in Part IB, 10Section 72 of this act, except that which is specified for LIFE and Palmetto Fellows Scholarships, that would require general fund 11appropriations other than what is specified in Part IA of this act is waived for the current fiscal year. 12 72.61. (GP: Personnel Administration Exemption) Employees of the Offices of the Lieutenant Governor, Secretary of State, 13State Treasurer, Attorney General, Comptroller General, Superintendent of Education, Adjutant General, and the Commissioner of 14Agriculture shall be exempt from the provisions of Article 5, Chapter 17, Title 8 of the 1976 Code of Laws, as amended, if those 15employees report directly to a constitutional officer or report directly to a person who reports directly to a constitutional officer. 16Additionally, management employees of the Department of Alcohol and Other Drug Abuse Services, the Department of 17Commerce, the Department of Corrections, the Department of Health and Human Services, the Department of Insurance, the 18Department of Juvenile Justice, the Department of Labor, Licensing and Regulation, the Department of Parks, Recreation and 19Tourism, the Department of Probation, Parole, and Pardon Services, the Department of Revenue, the Department of Social 20Services, the State Law Enforcement Division, the Department of Motor Vehicles, and the Department of Public Safety shall be 21exempt from the provisions of Article 5, Chapter 17, Title 8 of the 1976 Code of Laws, as amended, if those employees report 22directly to the agency head or report directly to a person who reports directly to the agency head. 23 72.62. (GP: Sole Source Procurements) The Budget and Control Board shall evaluate and determine that the written 24determinations, explanations, and basis for sole source procurements, pursuant to S.C. Code Section 11-35-1560, and emergency 25procurements, pursuant to S.C. Code Section 11-35-1570, are legitimate and valid reasons for awarding non-competitive contracts. 26 72.63. (GP: DMV Data) The Department of Motor Vehicles shall provide access, in compliance with all state and federal 27privacy protection statues, to the following data and reports without charge to the South Carolina Department of Transportation: 28 (1) all collision data and collision reports; 29 (2) registration information used for toll enforcement; and 30 (3) driver records of employees or prospective employees. 31 72.64. (GP: Administrative Hearings) Any administrative state agency performing administrative hearings within the State of 32South Carolina may make use of existing video conferencing capabilities. There must be evidence that a cost savings will be 33recognized by using video conferencing, as opposed to holding an administrative hearing where all parties must be in attendance at 34one particular location. A report of video conferencing activities and any related cost savings must be submitted annually, before 35January 15, to the House Ways and Means Committee and the Senate Finance Committee. 1 PAGE 292 2 1 72.65. (GP: Fee for Motions Disbursement) For the current fiscal year, the revenue collected pursuant to Section 8-21-320 of 2the 1976 Code shall be distributed by the State Treasurer in the following manner: (1) The first $450,000 of these funds must be 3transferred to the Prosecution Coordination Commission. The funds shall be distributed equally to the third, fourth, and eleventh 4judicial circuits to fund drug courts. (2) Any remaining funds must be transferred to the Judicial Department for operating 5purposes. 6 72.66. (GP: Parking Fees) State agencies shall not impose additional parking fees or increases in current fees for state 7employees during the current fiscal year. This provision does not apply to any college or university. 8 72.67. (GP: Constitutional Officer Furlough) All constitutional officers may take up to thirty-six days furlough in the current 9fiscal year. The officials will retain all responsibilities and authority during the furlough. All monies saved from this furlough 10may be retained by that agency and expended at the discretion of the constitutional officer. During this furlough, the constitutional 11officer shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries. 12As to those benefits which require employer and employee contributions, the state agency will be responsible for making both 13employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only 14employee contributions, the constitutional officer remains solely responsible for making those contributions. 15 72.68. (GP: Endangered Species License Plates) The Department of Motor Vehicles shall issue a series of special 16commemorative motor vehicle license plates for use by the owner on his private passenger motor vehicle for the purposes of the 17“Non-game Wildlife and Natural Areas Fund” provided in Section 50-1-280. The special fee for the commemorative license plate 18is thirty dollars and this amount must be placed in the fund. This fee is in addition to the regular motor vehicle registration fee set 19forth in Article 5, Chapter 3 of Title 56. The commemorative plate must be of the same size and general design of regular motor 20vehicle license plates and must be imprinted with the words “South Carolina Protects Endangered Species.” The plates must be 21issued or revalidated for a biennial period, which expires twenty-four months from the month they are issued. 22 72.69. (GP: Tobacco Funds) The Tobacco Settlement Revenue Management Authority may determine by resolution that some 23or all of the amounts on deposit in the Healthcare Tobacco Settlement Trust Fund established pursuant to Section 11-11-170, 24whether in the form of principal or interest, may be used to refund bonds issued pursuant to Chapter 49 of Title 11, to purchase 25such bonds, directly or indirectly, and/or to secure bonds issued to refund such bonds. Any amounts received by the Authority 26pursuant to the preceding clause in excess of the amount required to refund or purchase such bonds and all tobacco settlement 27receipts received by the State pursuant to Section 11-49-130 must be deposited directly with the Department of Health and Human 28Services for health care expenditures to achieve the maximum Medicaid match. 29 72.70. (GP: Facility Rental Fee) The Governor’s School for the Arts and Humanities, Governor’s School for Science and 30Mathematics, Wil Lou Gray Opportunity School, and John de la Howe School are authorized to charge, collect, expend and carry 31forward fees charged for facility and equipment rental and registration. 32 72.71. (GP: Insurance Claims) Any insurance reimbursement to an agency may be used to offset expenses related to the claim. 33These funds may be retained, expended, and carried forward. 34 72.72. (GP: Organizational Charts) All agencies, departments and institutions of state government shall furnish to the Office of 35Human Resources (1) a current personnel organizational chart annually no later than September 1 of the current fiscal year, or upon 36the request of the Office and (2) notification of any change to the agency’s organizational structure which impacts an employee’s 1 PAGE 293 2 1grievance rights within 30 days of such change. The organizational chart shall be in a form prescribed by the Office of Human 2Resources showing all authorized positions, class title, class code, class slot and indications as to whether such positions are filled 3or vacant. In addition, the organizational chart shall clearly identify those employees who are exempt from the State Employee 4Grievance Procedure Act. 5 72.73. (GP: Agencies Affected by Restructuring) Upon restructuring of state agencies by the General Assembly in separate 6legislation, the Budget and Control Board is directed to work with affected State agencies in order to phase-in operations of 7restructured organizations during the current fiscal year. Restructured organizations should be operating entirely under the revised 8structure no later than June 30, of the current fiscal year. The Board is further directed to work with the affected agencies in order 9to identify and facilitate the transfer of any portion of their operations, including transfer of funds during the current fiscal year, 10which is affected by the restructured organization adopted by the General Assembly, but which has not already been accomplished 11herein. Until sufficient changes can be made to the State’s accounting system and the appointment of appropriate agency heads, 12the Comptroller General and the State Treasurer shall allow those agencies affected by restructuring to continue processing 13documents within the account structure existing on June 30, of the prior fiscal year. Restructured agencies shall make all the 14necessary accounting adjustments to complete the transition to the new account structure as soon as possible, but no later than June 1530, of the current fiscal year. The Budget and Control Board Office of State Budget is directed to prepare the subsequent detail 16budget to conform Part IA and corresponding provisos in this act to any restructuring changes that are ratified in separate 17legislation. 18 72.74. (GP: Agency Administrative Support Collaboration) It is the intent of the General Assembly that state agencies continue 19to actively pursue cost savings measures through collaborative efforts and where feasible may combine administrative support 20functions with other agencies in order to maximize efficiency and effectiveness. 21 72.75. (GP: Assessment Audit) (1) Based upon a random selection process, the State Auditor shall periodically examine the 22books, accounts, receipts, disbursements, vouchers, and any records deemed necessary of the county treasurers, municipal 23treasurers, county clerks of court, magistrates, and municipal courts to report whether the assessments, surcharges, fees, fines, 24forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court, circuit court, 25magistrates court, and municipal court are properly collected and remitted to the State. In addition, the purpose of these audits is to 26determine if the proper amount of funds have been reported, retained, and allocated for victim services in accordance with state 27law. These audits must be performed in accordance with standard auditing practices to include the right to respond to findings 28before the publishing of the audit report. The State Auditor is directed to submit a copy of the completed audit report to the 29Chairmen of the House Ways & Means Committee, Senate Finance Committee, House Judiciary Committee, Senate Judiciary 30Committee, and the Governor. If the State Auditor finds that any authority has over remitted the state’s portion of the funds 31collected by the authority or over reported or over retained crime victim funds, the State Auditor shall notify the State Treasurer to 32make the appropriate adjustment to the authority. If the State Auditor finds that any authority has under remitted, incorrectly 33reported, incorrectly retained, or incorrectly allocated the state or victim services portion of the funds collected by the authority, the 34State Auditor shall determine where the error was made. If the error is determined to have been made by the county or municipal 35treasurer’s office, the State Auditor shall notify the State Office of Victim Assistance for the crime victim portion and the chief 36administrator of the county or municipality of the findings and, if full payment has not been made by the county or municipality 1 PAGE 294 2 1within ninety days of the audit notification, the State Treasurer is directed to adjust the authority’s aid to subdivisions funding in an 2amount equal to the amount determined by the State Auditor to be the state’s portion; or equal to the amount incorrectly reported, 3retained, or allocated pursuant to Sections 14-1-206(B)(D), 14-1-207(B)(D), 14-1-208(B)(D), and 14-1-211(B) of the 1976 Code. 4 If an error is determined to have been made at the magistrate, municipal, family, or circuit courts, the State Auditor shall notify 5the responsible office, their supervising authority, and the chief justice of the State. If full payment has not been made by the court 6within ninety days of the audit notification, the chief magistrate or municipal court or clerk of court shall remit an amount equal to 7the amount determined by the State Auditor to be the state’s portion or the crime victim fund portion within ninety days of the 8audit notification. 9 (2) The State Auditor is further authorized to conduct these examinations and the local authority is required to participate in 10and cooperate fully with the examination. The State Auditor is authorized to subcontract with independent auditors on audits 11required in subsection (1). The State Auditor is encouraged to create an audit team to perform these audits. The State Treasurer is 12authorized to transfer the first $10,900 received from the General Sessions Court pursuant to Section 14-1-206, the first $136,600 13received from the Magistrates Court pursuant to Section 14-1-207, and the first $102,500 received from the Municipal Court 14pursuant to Section 14-1-208 for a total of $250,000 dollars to the State Auditor’s Office to fund these audits as required in 15subsection (1). Notwithstanding another provision of law, a state agency or local governmental entity receiving assessments, 16surcharges, fees, fines, forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court, 17circuit court, magistrates court and municipal court is authorized to use any of their funds to assist the State Auditor’s Office in 18funding these audits. 19 (3) Each municipality shall submit a copy of its annual audit report as provided in Section 5-7-240 of the 1976 Code without 20charge to both the State Treasurer’s Office and the State Auditor’s Office within thirty days of such report being made public. If a 21municipality fails to provide the copy of the annual audit within the above prescribed time period the State Treasurer’s Office is 22authorized to withhold the municipality’s aid to subdivision until the annual audit report is properly filed. 23 (4) The State Treasurer’s Office and South Carolina Court Administration shall make available annually training on the 24collection and distribution of assessments, surcharges, fees, fines, forfeitures, escheatments, or other monetary penalties imposed 25or mandated, or both, by law in family court, circuit court, magistrates court and municipal court for the counties, municipalities, 26and court employees. 27 (5) The State Treasurer is authorized to transfer $2,000 received from the General Sessions Court pursuant to Section 14-1- 28206, $5,000 received from Magistrates Court pursuant to Section 14-1-207, and $3,000 received from Municipal Court pursuant to 29Section 14-1-208 for a total of $10,000 to fund annual training on the collection and distribution of assessments, surcharges, fees, 30fines, forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court, circuit court, 31magistrates court, and municipal court for the counties, municipalities, and court employees. The State Treasurer’s Office and 32South Carolina Court Administration shall be responsible for the annual training prescribed by this section. 33 72.76. (GP: Correctional Officer Retention) For the current fiscal year, the provisions of Section 23-6-405, which pertain to 34reimbursement for mandatory training of a government employee subsequently hired by another governmental entity, also apply to 35Correctional Officers and Juvenile Correctional Officers. 1 PAGE 295 2 1 72.77. (GP: Magistrate Civil & Complaint Filing Fees) For the current fiscal year, a twenty-five dollar assessment shall be 2imposed on all summons and complaint filings in magistrate court and a ten dollar assessment shall be imposed on all other civil 3filings in magistrate court except on restraining orders. The fees shall be collected by the magistrate court and forwarded to the 4county treasurer monthly to be remitted to the State Treasurer for allocation to the Judicial Department. 5 72.78. (GP: Morris Island Lighthouse Transfer) Responsibility for the Morris Island Lighthouse is transferred from the 6Department of Natural Resources to the Budget and Control Board. The board is authorized and directed on behalf of the State of 7South Carolina to execute all necessary agreements concerning Section 103 funds available from the federal government. The 8State will be responsible for all financial commitments arising from the Section 103 agreements. 9 72.79. (GP: H.L. Hunley Museum Location) The General Assembly approves the City of North Charleston as the permanent 10site of the H.L. Hunley Museum. This approval is contingent upon the negotiation and execution of necessary contracts between 11the State of South Carolina and the City of North Charleston. The Hunley Commission is directed to expend funds from its 12account to negotiate and execute contracts on behalf of the State of South Carolina. 13 72.80. (GP: Secure Juvenile Confinement) The Attorney General shall review the interpretation of the current policies of the 14Department of Public Safety and the Department of Corrections regarding secure juvenile confinement that the departments 15indicate may jeopardize federal grant funds. The departments may not implement any changes to the current policies regarding 16secure juvenile confinement until the Attorney General considers the departments’ interpretation of the federal Juvenile Justice and 17Delinquency Prevention Act in regard to the secure holding of juveniles for more than six hours in adult detention facilities that 18also serve as 48-hour juvenile holdover facilities. The Attorney General will determine if the departments’ interpretation is fair 19and equitable and how the local governments and the Department of Juvenile Justice would be impacted, to include any financial 20considerations. 21 72.81. (GP: State Health Plan - Experience Rating for Local Disabilities and Special Needs Boards) With respect to the Budget 22and Control Board’s experience rating of all optional groups participating in the State employee health insurance program under 23the authority of Section 1-11-720, all local Disabilities and Special Needs providers are authorized under Subsection (A)(3) will be 24rated as a single group. 25 72.82. (GP: Reassessment Implementation) Notwithstanding the provisions of Section 12-43-217 of the 1976 Code, the 26governing body of a county that pursuant to the provisions of Section 3.SS.1, Act 69 of 2003, postponed implementation of the 27values determined in a countywide assessment and equalization program until 2004, by ordinance may postpone the 28implementation for one additional property tax year. 29 72.83. (GP: ISCEDC Funding Transfer) The departments of Mental Health, Disabilities and Special Needs, and Juvenile 30Justice are directed to transfer a total of $1,199,456 in funds to the Department of Social Services for the support of the Interagency 31System for Caring for Emotionally Disturbed Children. Funding transfers shall be in the following amounts: Department of 32Mental Health - $595,000, Department of Disabilities and Special Needs - $379,456, and Department of Juvenile Justice - 33$225,000. The transfer of funds shall be accomplished by September 30 of the current fiscal year. 34 72.84. (GP: Employee Bonuses) State agencies and institutions are allowed to spend state, federal, and other sources of revenue 35to provide selected employees lump sum bonuses, not to exceed two thousand dollars per year, based on objective guidelines 1 PAGE 296 2 1established by the Budget and Control Board. Payment of these bonuses is not a part of the employee’s base salary and is not 2earnable compensation for purposes of employee and employer contributions to respective retirement systems. 3 72.85. (GP: FEMA Flexibility) Any appropriation designated as the state share for a federally declared disaster may be carried 4forward and used for the same purpose by the Emergency Management Division of the Adjutant General’s Office in the event of 5additional federally declared disasters. Unallocated funds from established state accounts may be used as the state share in any 6federally declared disaster. Such funds may not be expended for any purpose other than for the state share for a federally declared 7disaster. 8 In the event there is a federally declared disaster and state match funds are unavailable, the State Budget and Control Board may 9borrow from any internal account or accounts necessary to maximize federal matching funds through the Emergency Management 10Division. Any such borrowing must be reported to the General Assembly within 5 days. Funds borrowed from accounts shall be 11replenished by the General Assembly as soon as practicable. 12 72.86. (GP: Respiratory Syncytial Virus Prescription Sales and Use Tax Exemption) The effective date of the exemption from 13sales and use tax of prescription medicines used to prevent respiratory syncytial virus shall be January 1, 1999. No refund of sales 14and use taxes may be claimed as a result of this provision. 15 72.87. (GP: Photo Identification Card) The Department of Corrections and the Department of Probation, Parole and Pardon 16Services are directed to work with the Department of Motor Vehicles to develop and implement a plan for providing inmates who 17are being released from a correctional facility with a valid photo identification card. To the extent that funds are available from an 18individual inmate’s account, the Department of Corrections or the Department of Probation, Parole and Pardon Services shall 19transfer five dollars to the Department of Motor Vehicles to cover the cost of issuing the photo identification card. The 20Department of Motor Vehicles shall use existing resources and technology to produce the photo identification card. 21 72.88. (GP: Year-End Financial Statements - Penalties) Agencies and other reporting entities required to submit annual audited 22financial statements for inclusion in the State’s Comprehensive Annual Financial Report must comply with the submission dates 23stipulated in the State Auditor’s Office audit contract. If the audit was not contracted by the State Auditor’s Office, the final 24audited financial statements are due not later than October 15 for the prior fiscal year. Each agency that does not comply with the 25provisions of this proviso shall appear before the Comptroller General, providing an explanation for the delay. 26 72.89. (GP: Workers’ Compensation for Voluntary Constables) For Fiscal Year 2006-07 the current fiscal year, a voluntary 27constable appointed pursuant to Section 23-1-60, of the 1976 Code, as amended, must be included under the provisions of the 28workers’ compensation laws only while performing duties in connection with his appointment and as authorized by the State Law 29Enforcement Division. The workers’ compensation premiums for these constables must be paid from the funds appropriated for 30this purpose upon warrant of the Chief of the State Law Enforcement Division. 31 72.90. (GP: Purchase Card Incentive Rebates) In addition to the Purchase Card Rebate deposited in the general fund, any 32incentive rebate premium received by an agency from the Purchase Card Program may be retained and used by the agency to 33support its operations. 34 72.91. (GP: Earmarked and Restricted Accounts Study Committee) A Joint Study Committee on Earmarked and Restricted 35Accounts is established to review all agency earmarked and restricted accounts as defined by the Comptroller General's records. 36The joint study committee shall be composed of three members appointed by the Speaker of the House of Representatives, three 1 PAGE 297 2 1members appointed by the President Pro Tempore of the Senate, three members appointed by the Chairman of the House Ways and 2Means Committee and three members appointed by the Chairman of the Senate Finance Committee. Members may appoint their 3designee from either the public or private sector of the state. Personnel of the Senate and the House of Representatives must staff 4the committee with assistance from any state agency or division as needed. Findings and recommendations shall be reported to the 5General Assembly by January 9, 2007 January 8, 2008. Upon submission of the findings, the committee shall be dissolved. 6Committee members shall serve without compensation. 7 72.92. (GP: Competitive Grants Funds Carry Forward) Unexpended funds appropriated/ authorized to the Department of 8Health and Environmental Control, the Department of Parks, Recreation, and Tourism, the Department of Commerce, and the 9Budget and Control Board for a competitive grants program shall be carried forward into the current fiscal year and shall be used 10for the same purpose. 11 72.93. (GP: Law School Educational Fee Waiver) For Fiscal Year 2006-2007 the current fiscal year, a public institution of 12higher learning with a law school may offer fee waivers to no more than four percent of the law school student body. This waiver 13shall not impact the capacity of the fee waivers for four percent of the undergraduate student body. This waiver can not be applied 14to fees for out-of-state students. 15 72.94. (GP: High Mileage Patrol Car Replacement) Any funds received by the Department of Motor Vehicles as a result of 16the provisions of Section 7, Act 156 of 2005 or Proviso 73.9 of this act are to be transferred to the Department of Public Safety for 17use in replacing high-mileage patrol cars. The Department of Public Safety may retain and carry-forward any unexpended funds 18received through Proviso 72.105 of Act 397 of 2006 to be used for the same purpose replacement of high mileage patrol cars. 19 72.95. (GP: Sex Offender Monitoring and Supervision) The funds appropriated to the Department of Probation, Parole and 20Pardon Services in Part IA, Section 38, Program II.A.2. for the Sex Offender Monitoring Program and to the Department of 21Juvenile Justice in Part IA, Section 39, Program III.A., Special Item: Sex Offender Monitoring are to be used and expended only 22for the implementation of S.1138 of 2006 GPS monitoring programs of the departments. In cases of limited funds, monitoring of 23“Jessie’s Law” offenders shall take precedence over all other GPS programs of the departments. Funds appropriated for this 24program may not be used for any other purpose or transferred to any other program. Unexpended funds appropriated for Sex 25Offender Monitoring may be carried forward and used for the same purpose. If S.1138 of 2006 is not signed into law, the 26departments must lapse all funds for the Sex Offender Monitoring Program to the General Fund of the State at the end of the fiscal 27year and the new FTE's associated with the program must be deleted. 28 The departments are directed to submit a report to the General Assembly by January 15 each year accounting for the expenditure 29of the funds including any carry-forward funding; the total costs and per-day costs for equipment, supervision, and monitoring; the 30total number of staff assigned to the activity and the average agent case loads; the amount of funds collected from sex offenders for 31both intensive supervision and electronic monitoring; and the anticipated fiscal needs for the upcoming fiscal year. The report 32shall also include, but not be limited to, data regarding the number of offenders sentenced to electronic monitoring, including the 33number sentenced for life; the number of alert notifications received, investigated, and prosecuted; and the number of offenders 34returned to prison as a result of electronic monitoring violations. 1 PAGE 298 2 1 72.96. (GP: Victims Assistance Study) The Legislative Audit Council shall research all victims assistance programs in the 2state and determine the best method for delivery of services and allocation of resources for these programs. A report must be 3submitted to the General Assembly by January 8, 2007. 4 72.97. (GP: Viscosupplementation Therapies Sales and Use Tax Exemption) For the current fiscal year only, sales and use 5taxes on viscosupplementation therapies shall be suspended. No refund or forgiveness of tax may be claimed as a result of this 6provision. 7 72.98. (GP: Legislative and Judicial Salary Study Committee) There is hereby established a committee to review the salaries 8and make recommendations for the appropriate salary levels of South Carolina’s constitutional officers, judges, and legislators. 9The review shall include, but not be limited to, a comparison of similar positions in other states, including comparable job duties, 10jurisdictions, workloads/caseloads, etc. 11 The committee shall be composed of nine members appointed as follows: 12 (a) four members appointed by the Governor; 13 (b) one member appointed by the State Treasurer; 14 (c) two members appointed by the Chief Justice of the Supreme Court; 15 (d) one member appointed by the President Pro Tempore of the Senate; and 16 (e) one member appointed by the Speaker of the House of Representatives. 17 The committee shall submit a report to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, 18the Chief Justice of the Supreme Court, and the Governor by December 31, 2006. 19 The members of the committee may receive the per diem, mileage, and subsistence as allowed by law for members of state 20boards, committees, and commissions when engaged in the exercise of their duties as members of the committee. The per diem, 21mileage, and subsistence shall be paid from the accounts of the appointing authority. Staff support shall be provided by the 22appointing authority or the Budget and Control Board as necessary. 23 72.99. (GP: Alternative Fuels and Fuel Efficiency Incentives) (A) Sales tax rebates shall be applied to vehicle purchases as 24follows: 25 (1) There shall be a $300 sales tax rebate for in-state purchases of all Flex-Fuel Vehicles (FFV), capable of operating on E85 26motor fuel. The rebate shall be in the form of a payment sent to the buyer upon completion of a form created by the Department of 27Revenue and made available to the public, dealers, and the Department of Motor Vehicles. Eligible vehicles for each model year 28are those models identified by the manufacturer as being flexible-fuel vehicles capable of operating on E85 motor fuel. E85 motor 29fuel is a fuel comprised of eighty-five percent ethanol fuel and fifteen percent gasoline fuel. 30 (2) There shall be a $300 sales tax rebate for in-state purchases of all hydrogen fuel cell vehicles. The rebate shall be in the 31form of a payment sent to the buyer upon completion of a form created by the Department of Revenue and made available to the 32public, dealers, and the Department of Motor Vehicles. A hydrogen fuel cell vehicle is any vehicle classified by the United States 33Department of Energy as a hydrogen fuel cell vehicle. 34 (3) There shall be a $300 sales tax rebate for in-state purchases of plug-in hybrid gasoline-electric vehicles. The rebate shall 35be in the form of a payment sent to the buyer upon completion of a form created by the Department of Revenue and made available 36to the public, dealers, and the Department of Motor Vehicles. A plug-in hybrid gasoline-electric vehicle is a vehicle classified by 1 PAGE 299 2 1the United States Department of Energy as a hybrid gasoline-electric vehicle capable of being propelled by both a gasoline-fueled 2internal combustion engine and an electric motor powered by a battery that can be recharged by being plugged into an external 3source of electricity. 4 (4) There shall be a sales tax rebate of up to $500 for purchase of equipment that results in the conversion of a conventional 5hybrid gasoline-electric vehicle to a plug-in hybrid gasoline-electric vehicle. The rebate shall be in the form of a payment sent to 6the buyer upon completion of a form created by the Department of Revenue and made available to the public and dealers. 7 (B) Incentive payments for alternative fuel purchases shall be provided as follows. 8 (1) There shall be a five cents incentive payment to the retailer for each gallon of E85 fuel sold, provided that the E85 fuel is 9subject to the South Carolina motor fuel tax and the price of the E85 fuel is at least five cents lower than the price of the lowest 10selling non-E85 gasoline fuel being sold at the same retail facility. The payment shall be made to the retailer upon compliance 11with verification procedures set forth by the Department of Agriculture. 12 (2) There shall be a five cents incentive payment to the retailer for each gallon of B20 fuel sold, provided that the B20 fuel is 13subject to the South Carolina motor fuel tax and the price of the B20 fuel is at least five cents lower than the price of the lowest 14selling non-B20 diesel fuel being sold at the same retail facility. B20 fuel is a fuel that is twenty percent biodiesel fuel and eighty 15percent petroleum-based diesel fuel. Biodiesel fuel is a fuel for motor vehicle diesel engines comprised of vegetable oils or animal 16fats and meeting the specifications of ASTM (American Society of Testing and Materials) D 5761. The payment shall be made to 17the retailer upon compliance with verification procedures set forth by the Department of Agriculture. 18 (3) There shall be a five cents incentive payment to the retailer or wholesaler for each gallon of B20 fuel sold as dyed diesel 19fuel for “off road” uses, provided the price of the B20 dyed fuel is at least five cents lower than the price the lowest selling 20non-B20 dyed diesel fuel. The payment shall be made to the retailer upon compliance with verification procedures set forth by the 21Department of Agriculture. 22 (C) The following income tax credits shall apply to taxes imposed by Sections 12-6-510 and 12-6-530 of the 1976 Code for tax 23years beginning after December 31, 2005. 24 (1) There shall be a business or personal income tax credit of twenty cents for each gallon of biodiesel motor fuel produced 25mostly from soybean oil and sold, up to a maximum of three million gallons per year from each facility, for a maximum of five 26years for each facility. Credits are available for not more than one facility in each county in any calendar year, with priority given 27to the first facility in a county that produces biodiesel motor fuel using soybean oil as the feedstock. Credits are available to 28individuals or businesses producing motor fuel mostly from soybean oil for internal use without regard to the per county limitation. 29This credit may be carried forward for up to three years. The payment shall be made upon compliance with verification procedures 30set forth by the Department of Agriculture. 31 (2) There shall be a business or personal income tax credit of thirty cents for each gallon of biodiesel motor fuel a majority of 32which is produced from feedstock other than soybean oil and sold, up to a maximum of three million gallons per year, for a 33maximum of five years. Credits are available for not more than one facility in each county in any calendar year, with priority given 34to the first facility in a county that produces biodiesel motor fuel using a feedstock other than soybean oil. Credits are available to 35individuals or businesses producing biodiesel motor fuel for internal use, a majority of which is derived from feedstock other than 1 PAGE 300 2 1soybean oil, without regard to the per county limitation. This credit may be carried forward for up to three years. The payment 2shall be made upon compliance with verification procedures set forth by the Department of Agriculture. 3 (D) The Department of Revenue may prescribe forms, procedures, issue policy documents and distribute funds as necessary to 4ensure the orderly and timely implementation of the provisions herein. The Department of Revenue shall coordinate with the 5Department of Agriculture as necessary. 6 (E) There is hereby established the Strategic and Tactical Research on Energy Independence Commission (STREIC) for the 7purposes of evaluating the effectiveness of this proviso, and considering other proposals to enhance the economy of the State and 8to reduce the adverse consequences of South Carolina’s overdependence on petroleum products as fuel for motor vehicles. The 9commission will receive information from a broad spectrum of interested, affected, and knowledgeable parties, and will submit 10recommendations to the General Assembly, the Governor and the Budget and Control Board no later than January 15, 2007. The 11commission shall consist of seven members. One member shall be appointed by the Speaker of the House of Representatives, one 12member shall be appointed by the President Pro Tempore of the Senate, one member shall be appointed by the Chairman of the 13House Ways and Means Committee, one member shall be appointed by the Chairman of the Senate Finance Committee, and one 14member shall be appointed by the Governor. There shall be two ex officio members: the Commissioner of Agriculture or his 15designee, and the Director of the South Carolina Institute for Energy Studies, who shall serve as Chairman. When on business of 16the council, members shall be entitled to receive such compensation as provided by law for members of boards and commissions. 17Staff support for the commission shall be provided by the State Energy Office of the Budget and Control Board. 18 (A) Alternative fuel purchases incentive payments shall be provided as follows: 19 (1) There shall be a five cents incentive payment to the retailer for each gallon of E70 fuel or greater sold, provided that the 20E70 fuel is subject to the South Carolina motor fuel tax. The payment shall be made to the retailer upon compliance with 21verification procedures set forth by the Department of Agriculture. 22 (2) There shall be a twenty-five cents incentive payment to the retailer for each gallon of pure biodiesel fuel sold, so that the 23biodiesel in the blend is at least two percent B2 or greater, provided that the qualified biodiesel content fuel is subject to the South 24Carolina motor fuel tax. Biodiesel fuel is a fuel for motor vehicle diesel engines comprised of vegetable oils or animal fats and 25meeting the specifications of ASTM (American Society of Testing and Materials) D 6751. The payment shall be made to the 26retailer upon compliance with verification procedures set forth by the Department of Agriculture. 27 (3) There shall be a twenty-five cents incentive payment to the retailer or wholesaler for each gallon of pure biodiesel fuel 28sold as dyed diesel fuel for “off road” uses, so that the biodiesel in the blend is at least two percent B2 or greater. The payment 29shall be made to the retailer upon compliance with verification procedures set forth by the Department of Agriculture. 30 (B) An incentive payment for production of electricity or methane gas fuel shall be provided as follows: 31 (1) 1.0 cent per kilowatt-hour (kwh) for electricity produced from biomass resources in a facility not using biomass 32resources prior to June 30, 2007, or facilities which produce at least 25 percent more electricity from biomass resources than 33greatest three year average prior to June 30, 2007, up to a maximum of $100,000. The rebate is applicable to energy from a 34qualifying facility placed in service and first producing energy on or after July 1, 2007. 35 (2) 9.0 cents per therm for methane gas fuel produced from biomass resources in a facility not using biomass resources 36prior to June 30, 2007, or facilities which produce at least 25 percent more methane gas from biomass resources than greatest 1 PAGE 301 2 1three year average prior to June 30, 2007, up to a maximum of $100,000. The rebate is applicable to energy from a qualifying 2facility placed in service and first producing energy on or after July 1, 2007. 3 (3) For purposes of this subsection, a biomass resource means wood, wood waste, agricultural waste, animal waste, sewage, 4landfill gas, and other organic materials. 5 (C) There is established in the State Treasury a separate and distinct fund known as the ‘South Carolina Renewable Energy 6Infrastructure Development Fund’. The revenues of the fund must be distributed by the South Carolina Renewable Energy 7Revolving Loan Program and the South Carolina Renewable Energy Grant Program. Disbursement of these funds by the loan and 8grant programs must be approved by the South Carolina Renewable Energy Oversight Committee. The committee shall consist of 9seven members, one appointed by each of the following persons: the Governor, the Commissioner of Agriculture, the Secretary of 10Commerce, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Chairman of the Senate 11Finance Committee, and the Chairman of the House Ways and Means Committee. 12 (1) The South Carolina Renewable Energy Revolving Loan Program shall provide low interest loans, with a rate not to 13exceed the Wall Street Journal prime interest rate, to an individual or organization that plans to build a qualified renewable 14energy production facility. A renewable energy production facility is a facility that produces energy or transportation fuels from 15biomass, solar, or wind resources. A loan from the program may provide up to fifty percent of the total cost of a project, but must 16not exceed two hundred fifty thousand dollars for each project. The State Energy Office shall administer the South Carolina 17Renewable Energy Revolving Loan Program, in cooperation with the Department of Agriculture and the South Carolina Institute 18of Energy Studies. 19 (2) The South Carolina Renewable Energy Grant Program shall provide grants to a private and public entity located in 20South Carolina for the purpose of assisting the entity to be more competitive in obtaining federal and other available grants that 21may generate renewable energy-related research and projects to directly benefit the State. The State Energy Office shall 22administer the South Carolina Renewable Energy Grant Program, in cooperation with the Department of Agriculture, the South 23Carolina Institute of Energy Studies, and the South Carolina Research Authority. Grants are available in the following three 24categories: 25 (a) planning grants up to ten thousand dollars are available to a research institution or private organization to develop 26proposals to obtain federal grants and other funding sources for biomass, solar, and wind energy projects in South Carolina; 27 (b) matching grants up to two hundred thousand dollars are available for research and development projects that relate 28to development of South Carolina biomass, solar, and wind energy resources, provided that the grant does not exceed fifty percent 29of the total cost of the project; and 30 (c) matching grants up to two hundred thousand dollars are available for demonstration projects that validate the 31effectiveness of new and future biomass technologies and products, provided that the grant does not exceed fifty percent of the 32total cost of the demonstration project. 33 (D) The Department of Revenue may prescribe forms, procedures, issue policy documents and distribute funds as necessary to 34ensure the orderly and timely implementation of the provisions herein. The Department of Revenue shall coordinate with the 35Department of Agriculture and the State Energy Office as necessary. 1 PAGE 302 2 1 (E) Unexpended funds received by the Department of Revenue from proviso 73.17 of the Fiscal Year 2006-07 Appropriation 2Act shall be dispersed in the following manner to meet the requirements of this provision: $1,930,000 shall be retained by the 3Department of Revenue for the purpose of alternative fuel purchases incentive payments; and $2,300,000 shall be transferred to 4the South Carolina Renewable Energy Infrastructure Development Fund. Should the projected carry forward funds be less than 5 $4,230,000, funding for the South Carolina Renewable Energy Infrastructure Development Fund shall be reduced. 6 72.100. (GP: Constitutional Officers’ Vehicles Log) Constitutional officers using state owned vehicles shall provide a monthly 7log of use to the public. The log shall be reported to the Budget and Control Board monthly, and shall be posted and updated on 8the state website. Log information shall include at a minimum; date of use, license plate number (except in the case of a non-state 9 government tag), purpose of use, persons riding in the vehicle, person driving the vehicle , departure, arrival, and return 10destinations, and mileage for each use. This provision applies to the use of any state owned vehicle whether personally assigned 11to the constitutional officer or to a vehicle not specifically assigned to a constitutional officer in which he is riding. 12 72.101. (GP: LightRail) Pursuant to this provision the three research universities: Clemson University, the Medical University 13 of South Carolina, and the University of South Carolina-Columbia, are authorized and directed to plan, procure, administer, 14oversee, and manage all functions associated with the South Carolina LightRail and are thereby exempt from the oversight and 15 project management regulations of the State Chief Information Officer. South Carolina LightRail is an academic network for the 16use of the state’s three research universities for the exchange of information directly related to their mission and must not carry 17commercial or K-12 traffic originated in South Carolina. For Fiscal Year 2007-08, public or private organizations and entities 18 may be provided access only through formal documented partnerships with one or more of the three research universities. On 19February 1, 2008, the entity managing the network must submit to the Chairman of the House Ways and Means Committee and the 20Chairman of the Senate Finance Committee a report specifically identifying each entity with access to the network and any 21payment, including without limitation in-kind payment, that each such organization and entity is making for access to the network. 22 72.102. (GP: Homeland Security Projects) Any Homeland Security project funded by the Unobligated Fiscal Year 2005-06 23General Fund Revenue appropriated to the Budget and Control Board pursuant to Item (90), Proviso 73.14 of the Fiscal Year 242006-07 General Appropriations Act is exempt from the requirements of the South Carolina Consolidated Procurement Code. The 25President Pro Tempore of the Senate and the Speaker of the House of Representatives must authorize any expenditure of these 26funds. 27 72.103. (GP: Exemption From Sunday Sales Regulation) For the current fiscal year, the provisions of Chapter 1 of Title 53 do 28not apply to any county area, as defined in Section 6-4-5(1), which collects more than nine hundred dollars in one fiscal year in 29revenues from the accommodations tax provided for in Section 12-36-2630(3) and imposed in Section 12-36-920(A). 30 72.104. (GP: Court Appointment Deferral Fund) For the current fiscal year, there is established the Court Appointment 31Deferral Fund to be maintained by the Supreme Court, in its discretion, for the sole purpose of allowing an attorney licensed to 32 practice law in this State, who is not otherwise exempt from appointment pursuant to Rule 608(d), a one - year optional exemption 33from appointment to represent an indigent person in accordance with the requirements of Rule 608 upon the payment of a set fee 34established by the Supreme Court. 35 The Supreme Court shall promulgate rules in accordance with the provisions of Section 14 - 3 - 950 including, but not limited to, 36the establishment of: 1 PAGE 303 2 1 (1) an appropriate fee or fee schedule for a one - year exemption from appointment which may be not less than one thousand 2dollars and may be adjusted on a yearly basis for inflation or as the Supreme Court deems necessary on an ongoing basis; 3 (2) a one - year time frame for which all exemptions would be subject; and 4 (3) guidelines for the use of the fees collected for the defense of indigent persons. 5 72.105. (GP: Employee Actions) Notwithstanding any other provision of law, for Fiscal Year 2007 - 2008, employees of an 6Executive Department of this State, except for the Department of Transportation, enumerated in Section 1-30-10(A) of the 1976 7Code with a governing board who are unclassified, whose employment or compensation are decided by the governing board 8subject to specified approvals provided by law, and whose appointment or employment is subject to Senate confirmation may not 9be reassigned, terminated, or have their compensation reduced, except by majority vote of the governing board and approval by 10the Senate upon advice and consent prior to the action being taken or an interim appointment being made. 11 72.106. (GP: Academic Center) Of the funds appropriated to the University of South Carolina Upstate for other operating 12expenses, $100,000 shall be transferred to Spartanburg Community College to support the Academic Center. 13 72.107. (GP: Clerks of Court) DELETED 14 72.108. (GP: Insurance Program Incentives) The Employee Insurance Program of the Budget and Control Board is directed to 15review the health plans offered by the Employee Insurance Program in order to identify possible incentives to be offered to plan 16participants to encourage participation in programs, offered by the Employee Insurance Program, that promote health and 17 prevention of disease . The Employee Insurance Program is further directed to develop a proposal based on the review which shall 18include, but not be limited to, possible premium reductions or other financial incentives for those plan participants who participate 19in these programs. The proposal shall be submitted to the Senate Finance Committee and the House Ways and Means Committee 20by January 15, 2008. 21 72.109. (GP: I-95 Corridor Study) South Carolina State University and Francis Marion University may expend the funds 22appropriated for the I-95 Corridor Study for the purpose of a study assessing human development needs in the I-95 corridor. The 23 study, to be conducted jointly with South Carolina State University and Francis Marion University serving as lead institutions, 24shall recommend solutions to the needs identified. The methodology of the study must be jointly agreed upon by the presidents of 25the two institutions. The funds appropriated for the study shall be divided equally between South Carolina State University and 26Francis Marion University. 27 72.110. (GP: Lt. Governor Security Detail) The State Law Enforcement Division (SLED) shall provide a security detail to the 28Lieutenant Governor in a manner agreed to by SLED and the Lieutenant Governor’s Office. Reimbursement to SLED to offset the 29cost of the security detail for the Lieutenant Governor’s Office shall be made in an amount agreed to by SLED and the Lieutenant 30Governor’s Office from funds appropriated to the Lieutenant Governor’s Office for this purpose. 31 72.111. (GP: CID & PCC Agency Head Salaries) Notwithstanding any other provision of law, all hiring salaries and salary 32increases for the agency heads of the Commission on Indigent Defense and the Prosecution Coordination Commission shall be 33based on prior favorable recommendation of the Agency Head Salary Commission and final approval by the Budget and Control 34Board. These agency heads shall be subject to all provisions related to agency heads covered by the Agency Head Salary 35Commission. 1 PAGE 304 2 1 72.112. (GP: Prosecutors and Defenders Public Service Incentive Program) The Attorney General’s Office, the Prosecution 2Coordination Commission, and the Commission on Indigent Defense, in consultation with the South Carolina Student Loan 3Corporation and the Commission on Higher Education, shall develop and implement a Prosecutors and Defenders Public Service 4Incentive Program for attorneys employed by the Attorney General’s Office, the Prosecution Coordination Commission, the 5Commission on Indigent Defense, a Circuit Solicitor’s Office or a county Public Defender’s Office. 6 After more than three years of continuous service as a full-time attorney with any of these entities, qualifying attorneys may be 7reimbursed up to $1,000 for payments made in the prior calendar year on outstanding law school loans. Reimbursements for law 8school loan payments may be increased by up to $1,000 for each additional year of continuous service; however, such 9reimbursements shall not exceed $5,000 in any year. The amount of law school loan payment reimbursement in any calendar year 10shall not exceed the amount of principal and interest paid on the loan in the prior calendar year. Reimbursements under the 11program may continue until all outstanding law school loans are satisfied; however, such reimbursements shall not exceed 12$40,000 per qualifying attorney. Reimbursements shall be adjusted if necessary so as not to exceed appropriations for the 13program. 14 The Prosecutors and Defenders Public Service Incentive Program must be administered by the South Carolina Student Loan 15Corporation, which shall pay for the cost of administration within the funds appropriated. 16 The Attorney General’s Office, the Prosecution Coordination Commission, and the Commission on Indigent Defense shall each 17compile a report that includes, but is not limited to, the number of applicants and the impact of the program on attracting and 18retaining attorneys. The Student Loan Corporation shall compile a report that includes, but is not limited to, the cost of 19administering the program as well as the amount of reimbursements per agency or entity. Such reports shall be submitted to the 20 Senate Finance Committee and the House Ways and Means Committee by September 1 st each fiscal year. 21 Unexpended program funds from the prior fiscal year may be carried forward into the current fiscal year to be used for the 22same purpose. 23 72.113. (GP: Attorney Dues) Agencies and offices of the State of South Carolina that employ attorneys are authorized, if they 24so decide, to use other appropriated funds to pay the costs of mandatory dues owed to the South Carolina Bar Association. 25 72.114. (GP: New Worker’s Compensation Commissioners) In the event the legislation is enacted that directs the creation of 26one or more new Commissioners for the Workers’ Compensation Commission, the Office of State Budget is directed to 27permanently transfer any excess funds from F30-Budget and Control Board, Employee Benefits, not to exceed $314,043 recurring 28and $30,000 non-recurring per Commissioner, for the implementation of the legislation. 29 30SECTION 73 - X91 - STATEWIDE REVENUE 31 32 73.1. (SR: Year End Expenditures) Unless specifically authorized herein, the appropriations provided in Part IA of this act as 33ordinary expenses of the State Government shall lapse on July 31, 2007 2008. State agencies are required to submit all current 34fiscal year input documents to the Comptroller General’s Office by July 17, 2007 July 16, 2008. Appropriations for Permanent 35Improvements, now outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which such appropriations 36were provided, unless definite commitments shall have been made, with the approval of the State Budget and Control Board and 1 PAGE 305 2 1Joint Bond Review Committee, toward the accomplishment of the purposes for which the appropriations were provided. 2Appropriations for other specific purposes aside from ordinary operating expenses, now outstanding or hereafter provided, shall 3lapse at the end of the second fiscal year in which such appropriations were provided, unless definite commitments shall have been 4made, with the approval of the State Budget and Control Board, toward the accomplishment of the purposes for which the 5appropriations were provided. 6 73.2. (SR: Law Enforcement Funding) (A) In addition to all other assessments and surcharges, during the current fiscal year, a 7twenty-five dollar surcharge is also levied on all fines, forfeitures, escheatments, or other monetary penalties imposed in the 8general sessions court or in magistrates’ or municipal court for misdemeanor traffic offenses or for nontraffic violations. No 9portion of the surcharge may be waived, reduced, or suspended. (B)(1) The revenue collected pursuant to subsection (A) must be 10retained by the jurisdiction, which heard or processed the case and paid to the State Treasurer within thirty days after receipt. The 11State Treasurer may retain the actual cost associated with the collection of this surcharge not to exceed $40,000. The State 12Treasurer shall allocate and transfer quarterly the remaining revenue as follows: 37.75% of these funds quarterly to the circuit 13solicitors in the manner hereinafter provided, 22.10% to the Department of Juvenile Justice for the Coastal Evaluation Center, for 14Assault Prevention, and other federal lawsuit related expenses, 15% to the State Law Enforcement Division for its general 15purposes, 15% to the Department of Corrections for its general purposes, 3.75% to the Attorney General’s Office for its general 16purposes, 3.75% to the Judicial Department for its general purposes, 1.55% to the Department of Natural Resources for statewide 17police responsibilities, 1% to the Office of Indigent Defense, Division of Appellate Defense for its general purposes, and 0.10% to 18the Forestry Commission for statewide police responsibilities. The State Treasurer shall transmit the portion of these funds 19earmarked for the solicitors’ offices to the Prosecution Coordination Commission which shall then apportion these funds among 20the circuit solicitors of this State on a per capita basis equal to the population in that circuit compared to the population of the State 21as a whole based on the most recent official United States census. The funds shall be used for the operation of the solicitors’ 22offices, and the solicitor may use a portion of those funds to provide for drug courts in their judicial circuits. (2) The funds 23received by solicitors’ offices pursuant to this paragraph in part are to replace the funds received by solicitors in the same year 24from judicial circuits state support pursuant to Paragraph 33.3 Judicial Circuits State Support. As a result and notwithstanding the 25provisions of item (1) above, the State Treasurer shall withhold funds received under this paragraph for the benefit of the solicitors 26and transmit seventy-five percent of the aforementioned funds to the Highway Patrol Division (DPS) to be used for equipment, 27vehicle purchases, and associated vehicle expenditures, to include maintenance and gasoline, for the Highway Patrol and 28twenty-five percent of the aforementioned funds to the Judicial Department until such time as these deposits equal the amounts 29disbursed or to be disbursed to the solicitors under Paragraph 33.3 Judicial Circuits State Support. Thereafter, any such funds 30received for the benefit of the solicitors shall be disbursed to them in the manner required in item (1) above. (C) It is the intent of 31the General Assembly that the amounts generated by this paragraph for use by the solicitors’ offices shall be in addition to any 32amounts presently being provided by the county for these services and may not be used to supplant funding already allocated for 33these services by the county. (D) The State Treasurer may request the State Auditor to examine the financial records of any 34jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to subsection 35(B). The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in 36and cooperate fully with the examination. 1 PAGE 306 2 1 73.3. (SR: Excess Debt Service Funds Carry Forward) The State Treasurer’s Office is directed to carry forward $3,507,254 of 2Excess Debt Service funds from Fiscal Year 2005-06 and credit such amount to the General Fund in Fiscal Year 2006-07 to be 3used as a source to support appropriations. Any remaining Excess Debt Service funds from Fiscal Year 2005-06 may be carried 4forward and expended for debt service purposes in Fiscal Year 2006-07. 5 73.4. (SR: Court Fee) The Family and Circuit Court filing fee shall be increased by $50. This new revenue shall be allocated as 6follows: 7 Judicial Department- $3,500,000; 8 Commission on Indigent Defense, Defense of Indigents per Capita- $750,000; 9 Department of Probation, Parole & Pardon Services- $582,000; 10 Prosecution Coordination Commission- $225,000; and 11 Commission on Indigent Defense, Division of Appellate Defense- $93,000. 12 One hundred percent of the $50 increase must go to the above mentioned agencies to retain, expend and carry forward. 13 73.5. (SR: Titling of Real Property) It is the intent of the General Assembly to establish a comprehensive central property and 14office facility management process to plan for the needs of state government agencies and to achieve maximum efficiency and 15economy in the use of state owned or state leased real properties. The Budget and Control Board is directed to identify all state 16owned properties whether titled in the name of the state or an agency or department, and all agencies and departments of state 17government are upon request to provide the Board all documents related to the title and acquisition of the real properties that are 18occupied or used by the agency or titled in the name of the agency. Except for any properties where the Board determines title 19should not be in the name of the State because the properties are subject to reverter clauses or other restraints on the property, or 20where the Board determines the state would be best served by not receiving title, and with the exception of properties, highways 21and roadways owned by the Department of Transportation, title of any property held by or acquired by a state agency or 22department shall be titled in the name of the state under the control of the Budget and Control Board. Titling in the name of the 23state shall not affect the operation or use of real property by an agency. 24 This provision applies to all state agencies and departments except: institutions of higher learning; the Public Service Authority; 25the Ports Authority; the South Carolina Division of Public Railways; the MUSC Hospital Authority; the Myrtle Beach Air Force 26Redevelopment Authority; the Department of Transportation; and the Charleston Naval Complex Redevelopment Authority. 27 This provision is comprehensive and supersedes any conflicting provisions concerning title and acquisition and disposition of 28state owned real property whether in permanent law, temporary law or by provision elsewhere in this act. 29 The Budget and Control Board is directed to provide to the Department of Education, funds equal to the amount realized from 30the sale of the Greenville Halton Road Bus Shop property for school bus maintenance shop relocations, construction, and shop 31equipment. 32 73.6. (SR: Marriage Penalty Relief) Except as otherwise provided, where reference is made to Section 12-6-40(A) of the 1976 33Code for purposes of Title 12 of the 1976 Code, any tax year that ends in 2004 or 2005 or for estate tax purposes any decedent 34dying in 2004 or 2005, ‘Internal Revenue Code’ means the Internal Revenue Code of 1986, as amended through December 31, 352003, and includes the effective date provisions contained in it. 1 PAGE 307 2 1 For purposes of Sections 63 and 179 of the Internal Revenue Code, the amendments made by Sections 103 and 202 of the Jobs 2and Growth Tax Relief Reconciliation Act of 2003, P.L. 108-27 (May 28, 2003) are only effective for taxable years beginning in 32004 and 2005. 4 73.7. (SR: DMV Cash Surplus) The Department of Motor Vehicles shall transfer $4,000,000 to the State General Fund from 5DMV Operating Subfund 3264. 6 In order to provide maximum flexibility to maintain critical programs, the department may, in lieu of the specific account 7identified above, opt to transfer an equal amount of funds from any agency earmarked or restricted account designated as “special 8revenue funds” as defined by the Comptroller General’s records for this purpose. 9 The above listed amount is transferred to the general fund of the state, and by this provision, this transfer is deemed to have 10occurred and, notwithstanding any other provision of law, these general fund revenues are available for appropriation as provided 11in this act. Any restrictions concerning specific utilization of these funds are lifted for the specified fiscal year. 12 73.8. (SR: Tobacco Settlement) Notwithstanding any other provision of law, and contingent upon the approval of the Tobacco 13Settlement Revenue Management Authority and parties to the trust agreement, the State Treasurer shall transfer an amount equal to 14$8,000,000 $10,500,000 from the unrestricted taxable proceeds portion of the principal of the Healthcare Tobacco Settlement Trust 15Fund established pursuant to Section 11-11-170(B)(1) of the 1976 Code to the Department of Health and Human Services to be 16expended as follows: $10,000,000 for Medicaid and $500,000 shall be transferred to the Department of Health and 17Environmental Control for the Diabetes Management Project. The funds designated for this purpose shall be utilized to enhance 18the capability of office-based medical practices to treat patients suffering from Type II Diabetes in the Lowcountry and Pee Dee 19areas of the state. The State Treasurer is authorized and directed to transfer $425,000 to the Office of the Attorney General from 20the Operating Contingency Account of the Tobacco Settlement Management Authority for the further enforcement of Chapter 47 21of Title 11, The Tobacco Escrow Fund Act, which will protect the payments to the State under the Master Settlement Agreement. 22 73.9. (SR: Unobligated FY 05-06 General Fund Revenue) (A) The source of general fund revenue appropriated in this 23provision is $449,544,844 of Fiscal Year 2005-06 unobligated general fund revenue as certified by the Board of Economic 24Advisors. This revenue is deemed to have occurred and is available for use in Fiscal Year 2006-07 after September 1, 2006, 25following the Comptroller General’s close of the state’s books on Fiscal Year 2005-06. 26 (B) From such Fiscal Year 2005-06 unobligated general fund revenues the appropriations in this provision are listed in priority 27order beginning with item (1) and each separate appropriation item or subitem must be fully funded before the next item or subitem 28in order is paid. Provided, however, that any individual item may be partially funded in the order in which it appears to the extent 29that revenues are available. 30 The following sums are appropriated for the purposes stated: 31 (1) Trust Fund Repayment: 32 (a) D17-Governor's Office OEPP 33 Subfund 4892 Legacy Trust Fund ...... $1,801; 34 (b) E12-Comptroller General’s Office 35 Subfund 4007 Unemployment Compensation ...... $2,400,000; 36 (c) E16-State Treasurer's Office 1 PAGE 308 2 1 (i) Subfund 4070 SC Housing Trust Fund ...... $6,475,569; 2 (ii) Subfund 4693 Atmc Wste Brl Fd-Chm Nclr (Barnwell) ...... $64,634,813; 3 (iii) ...... Subfund 43A8 Barnwell Economic Development Fund 4 $596,616; 5 (iv)Subfund 4843 Local Option Sales Tax ...... $163,568; 6 (v) Subfund 4955 911 Phone Surcharge ...... $9,408,399; 7 (d) F03-Budget and Control Board 8 (i) Subfund 3774 Reserve Accounts ...... $2,600,000; 9 (ii)Subfund 4161 Insurance Reserve Fund ...... $22,937,800; 10 (iii) ...... Subfund 4161 Insurance Reserve Fund 11 $27,900,000; 12 (iv)Subfund 4202 State Life and LTD ...... $4,099,594; 13 (e) J04-Department of Health and Environmental Control 14 (i) Subfund 3157 Environmental Protection Fnd, Subfund 4545 Waste Tire 15 Grant Trust Fund, Subfund 4546 Petroleum Fnd ...... $4,000,000; 16 (ii) Subfund 3678 County Hazardous Waste Contingency Fund ...... $1,000,000; 17 (iii) ...... Subfund 4984 SUPERB Account 18 $941,340; 19 (f) L32-Housing Finance and Development Authority 20 Subfund 4797 SHA Program Fund ...... $1,617,784; 21 (g) R40-Department of Motor Vehicles 22 Subfund 3264 Operating Revenue ...... $4,000,000; 23 (h) P28-Department of Parks, Recreation, and Tourism 24 Subfund 4126 PRT Development Fund ...... $276,379; 25 (i) R12-State Accident Fund 26 (i) Subfund 4033 Workers’ Compensation Fund ...... $13,354,722; 27 (ii) Subfund 4168 Escrow Funds ...... $22,257; 28 (j) R04-Public Service Commission 29 Subfund 3035 ...... $1,900,000; 30 (k) R36-Department of Labor, Licensing, & Regulation: 31 (i) Subfund 3035 Operating Revenue ...... $500,000; 32 (ii) Subfund 3135 POLA Revenue ...... $1,997,509; 33 (iii) ...... Subfund 3173 Education & Research Fund 34 $124,561; 35 (iv)Subfund 3730 Vacation Time Sharing Recognition ...... $252,980; 36 (v) Subfund 4592 Auctioneer Recovery Fund ...... $136,899; 1 PAGE 309 2 1 (l) P32-Department of Commerce-Public Railways Commission: 2 (i) Subfund 4813 E Cooper & Berkeley RR ...... $2,193,850; 3 (ii) Subfund 4814 Operating & Maintenance ...... $745,277; 4 (2) Unobligated Surplus in Part 1A ...... $29,868,957; 5 (3) E24-Adjutant General’s Office 6 (a) Disaster Warehouse Supplies/Resources ...... $2,030,000; 7 (b) Satellite Phones ...... $70,000; 8 (4) H63-Department of Education 9 (a) Early Childhood - 4 Year Pre-Kindergarten Program ...... $15,717,104; 10 (b) First Steps Early Childhood - 4 Year Pre-Kindergarten Program ...... $1,858,576; 11 (c) First Steps Early Childhood Initiative - Pilot Program - Materials, Grants, and Incentives ...... $4,000,000; 12 (d) School Transportation - Fuel ...... $9,784,856; 13 (e) Instructional Materials ...... $3,144,273; 14 (f) Governor’s School for Science and Mathematics ...... $500,000; 15 (g) Governor’s School for the Arts and the Humanities ...... $500,000; 16 (5) J12-Department of Mental Health 17 Veterans Nursing Homes - Colleton County ...... $2,400,000; 18 (6) F03-Budget and Control Board 19 (a) Veterans’ Cemetery ...... $266,027; 20 (b) Mfg Alliance “Made in South Carolina” ...... $500,000; 21 (c) EEDA Marketing & Communications ...... $1,000,000; 22 (6.1) The Budget and Control Board shall utilize the $1,000,000 appropriated for EEDA Marketing & Communications to 23support marketing and media communication initiatives that promote statewide community and parental involvement of the 24Education and Economic Development Act. These funds shall not be transferred nor used for any other purpose. 25 (7) J02-Department of Health & Human Services 26 Latch Key Incorporated ...... $9,000; 27 (8) J04-Department of Health and Environmental Control 28 BabyNet ...... $32,500; 29 (9) J16-Department of Disabilities and Special Needs 30 (a) Residential Waiting List ...... $2,400,000; 31 (b) Crisis Prevention ...... $6,000,000; 32 (c) Pervasive Developmental Disorder Pilot Project ...... $3,000,000; 33 (d) Transit Support ...... $168,000; 34 (9.1) The three million dollars appropriated to the Department of Disabilities and Special Needs, as the agency authorized to 35treat autistic disorder, shall be designated for a Medicaid pilot project to treat children who have been diagnosed by eight years of 36age with a pervasive developmental disorder. The pilot project must target the youngest ages feasible for treatment effectiveness, 1 PAGE 310 2 1treatment for each individual child shall not exceed three years without a special exception as defined in the waiver, and 2reimbursement for each individual participant may not exceed $50,000 per year. The Department of Disabilities and Special Needs 3and the Department of Health and Human Services will determine the areas of the State with the greatest need and availability of 4providers. Children participating in the pilot project will be selected based upon an application system developed in compliance 5with the Medicaid waiver. Treatment will be provided as authorized and prescribed by the department according to the degree of 6the developmental disability. In authorizing and prescribing treatment the department may award grants or negotiate and contract 7with public or private entities to implement intervention programs for children who have been diagnosed with a pervasive 8developmental disorder. “Pervasive developmental disorder” means a neurological condition, including autistic disorder and 9Asperger’s syndrome, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the 10American Psychiatric Association. By June 30, 2007, the department shall report to the General Assembly and the Governor on 11the developmental progress of the children participating in the pilot project. This provision does not establish or authorize creation 12of an entitlement program or benefit. 13 (10) H87-State Library 14 DISCUS Content Enhancement ...... $250,000; 15 (11) H91-Arts Commission 16 Grants - Education, Arts & Cultural Tourism ...... $585,000; 17 (12) H95-State Museum Commission 18 Acquisitions/Collections ...... $200,000; 19 (13) H15-University of Charleston 20 Center for Partnerships to Improve Education ...... $400,000; 21 (14) H59-State Board for Technical and Comprehensive Education 22 (a) Center for Accelerated Technology Training ...... $1,200,000; 23 (b) Allied Health Initiative ...... $3,706,698; 24 (15) K05-Department of Public Safety 25 Hunley Security ...... $23,292; 26 (16) N04-Department of Corrections 27 Second Chance Barn ...... $50,000; 28 (17) B04-Judicial Department 29 Family & Circuit Court Travel ...... $1,000,000; 30 (18) U12-Department of Transportation 31 Road and Infrastructure Improvements-Greenville ICAR ...... $1,500,000; 32 (18.1) The Department of Transportation is directed to transfer $1,500,000 to the City of Greenville for roadway infrastructure 33and related improvements between Laurens Road to Woodruff Road to facilitate ease of access from ICAR, Millennium Park, and 34other economic development projects located along this new business corridor and in the surrounding vicinity. 35 (19) P16-Department of Agriculture 36 Marketing & Promotions - SC Quality Program ...... $600,000; 1 PAGE 311 2 1 (20) P28-Department of Parks, Recreation, and Tourism 2 African-American Civil War Reconstruction Society ...... $20,000; 3 (21) P32-Department of Commerce 4 Competitiveness Council ...... $400,000; 5 (22) P28-Department of Parks, Recreation, and Tourism 6 (a) Charlestown Landing ...... $7,000,000; 7 (b) International Advertising ...... $500,000; 8 (c) Palmetto Trails ...... $100,000; 9 (23) H18-Francis Marion University 10 Center for the Performing Arts ...... $7,000,000; 11 (24) H12-Clemson University 12 International Center for Auto Research ...... $1,500,000; 13 (25) H27-University of South Carolina 14 (a) Congaree Initiative ...... $1,500,000; 15 (b) Palmetto Poison Control Center - Equipment ...... $200,000; 16 (c) City of Columbia - Incubator Project ...... $200,000; 17 (d) Small Business Development Centers ...... $250,000; 18 (26) H12-Clemson University 19 Call Me Mister ...... $1,300,000; 20 (27) H15-University of Charleston 21 (a) Real Estate Program ...... $612,764; 22 (b) School of Business: Office of Tourism Analysis ...... $150,000; 23 (28) H24-South Carolina State University 24 (a) Transportation Center ...... $748,365; 25 (b) Obesity Program ...... $300,000; 26 (29) H15-University of Charleston 27 MRR Parity ...... $524,238; 28 (30) H09-The Citadel 29 MRR Parity ...... $141,326; 30 (31) H17-Coastal Carolina University 31 MRR Parity ...... $2,358,122; 32 (32) H18-Francis Marion University 33 MRR Parity ...... $172,989; 34 (33) H21-Lander University 35 MRR Parity ...... $174,252; 1 PAGE 312 2 1 (34) H24-South Carolina State University 2 MRR Parity ...... $263,347; 3 (35) H29-University of South Carolina-Aiken 4 MRR Parity ...... $599,237; 5 (36) H34-University of South Carolina-Upstate 6 MRR Parity ...... $1,877,675; 7 (37) H36-University of South Carolina-Beaufort 8 MRR Parity ...... $502,175; 9 (38) H37-University of South Carolina-Lancaster 10 (a) MRR Parity ...... $650,000; 11 (b) Repair/Renovation ...... $200,000; 12 (39) H38-University of South Carolina-Salkehatchie 13 MRR Parity ...... $100,000; 14 (40) H39-University of South Carolina-Sumter 15 MRR Parity ...... $51,269; 16 (41) H40-University of South Carolina-Union 17 MRR Parity ...... $16,206; 18 (42) H47-Winthrop University 19 MRR Parity ...... $1,172,423; 20 (43) H51-Medical University of South Carolina 21 MRR Parity ...... $2,545,904; 22 (44) H53-Consortium Teaching Hospitals 23 MRR Parity ...... $511,979; 24 (45) H03-Commission on Higher Education 25 (a) GEAR-UP ...... $600,000; 26 (b) Statewide Electronic Library ...... $2,000,000; 27 (46) E21-Prosecution Coordination Commission 28 Victims and Witness Assistance Programs ...... $1,800,000; 29 (46.1) The $1,800,000 appropriated for Solicitors Victim/Witness Assistance Programs must be apportioned among the circuits 30on a per capita basis and based upon the official census of 2000. Payment must be made as soon after the beginning of each 31quarter as practical. 32 (47) J04-Department of Health and Environmental Control 33 (a) SC Birth Defects Program ...... $244,250; 34 (b) Vaccine Purchases for the Underinsured ...... $2,357,390; 35 (c) Beach Renourishment ...... $5,000,000; 36 (d) Lakelands Rural Health Network - Electronic Records ...... $98,000; 1 PAGE 313 2 1 (48) L04-Department of Social Services 2 Boys & Girls Clubs ...... $1,000,000; 3 (49) H71-Wil Lou Gray Opportunity School 4 (a) Software Update ...... $68,000; 5 (b) Operating Expenses ...... $275,000; 6 (50) H79-Department of Archives and History 7 Civil War Sesquicentennial Commission ...... $65,000; 8 (51) H95-State Museum Commission 9 Observatory, Planetarium, Theater (OPT ) ...... $5,000,000; 10 (52) P20-Clemson University-PSA 11 Edisto Research and Education Center ...... $1,000,000; 12 (53) P24-Department of Natural Resources 13 Vehicles for New Law Enforcement Officers ...... $505,000; 14 (54) P32-Department of Commerce 15 (a) Closing Fund Competitive Recruitment ...... $7,000,000; 16 (b) Capital Access Program ...... $3,000,000; 17 (55) J12-Department of Mental Health 18 (a) Patient Care Buildings Safety Renovations ...... $4,400,000; 19 (b) Crafts Farrow Renovation for Forensic Capacity ...... $2,560,000; 20 (c) Bryan Renovation for Crisis Capacity ...... $1,250,000; 21 (56) B04-Judicial Department 22 Center for Fathers & Families Initiative ...... $500,000; 23 (56.1) The $500,000 appropriated to the Judicial Department for the South Carolina Center for Fathers and Families must be 24used by that organization to provide a pilot program for low-income fathers as an alternative to incarceration for nonpayment of 25child support. The center shall use these funds to administer the program for unemployed or underemployed low-income fathers in 26six fatherhood program sites around the state. These sites shall include any of the following: Conway, Richland County, 27Lexington County, North Charleston, Georgetown, Lancaster, Great Falls, Bennettsville, Florence, Greenville, Spartanburg, and 28Winnsboro. The pilot program shall assist low-income fathers in the current fiscal year with securing livable wage employment 29within forty-five days of their admission into the program and provide other core fatherhood services, including parenting and job 30retention skills. Fathers who are admitted into the program must be required to consistently make their monthly child support 31payments, pay any monthly arrearage payments which are due, and attend weekly fatherhood meetings. 32 The Center for Fathers and Families shall submit to the Senate Finance Committee and House Ways and Means Committee a 33complete detailed accounting for the expenditures of these funds by April 30, 2007. At a minimum the report shall consist of a line 34item listing of expenditures, personnel, site locations, the number program participants, and the number who successfully complete 35the program. 36 (57) E21-Prosecution Coordination Commission 1 PAGE 314 2 1 Drug Court - 12th Circuit ...... $150,000; 2 (58) E23-Commission on Indigent Defense 3 Operations & Maintenance ...... $200,000; 4 (59) J04-Department of Health and Environmental Control 5 Smoking Prevention and Cessation ...... $2,000,000; 6 (59.1) The Department of Health and Environmental Control shall utilize the funds appropriated for Smoking Prevention and 7Cessation to implement such a program based upon the Center for Disease Control and Prevention’s best practices. These funds 8shall not be transferred to other programs within the agency and when instructed by the Budget and Control Board or the General 9Assembly to reduce funds within the department by a certain percentage, the department may not act unilaterally to reduce the 10funds for the Smoking Prevention and Cessation Program provided for herein greater than such stipulated percentage. 11 (60) L36-Human Affairs Commission 12 Legal - Other Operating ...... $9,591; 13 (61) H91-Arts Commission 14 Arts Facility Project ...... $378,636; 15 (62) H03-Commission on Higher Education 16 (a) Manufacturing Extension Partnership ...... $1,200,000; 17 (b) SREB ...... $269,000; 18 (63) H59-State Board for Technical and Comprehensive Education 19 (a) Technical College of the Lowcountry Nursing Program ...... $250,000; 20 (b) Williamsburg - Repair/Renovation ...... $300,000; 21 (64) D10-Governor's Office-State Law Enforcement Division 22 (a) Vehicles & Equipment for 10 new VICE Agents ...... $399,000; 23 (b) Vehicles & Equipment for 14 new Agents to Investigate ...... Criminal Abuse 24 at Residential Care Facilities ...... $558,600; 25 (65) K05-Department of Public Safety 26 Replacement of High Mileage Highway Patrol Vehicles ...... $4,149,243; 27 (66) U12-Department of Transportation 28 Mass Transit ...... $1,300,000; 29 (67) P12-Forestry Commission 30 Mission Critical Functions ...... $1,000,000; 31 (68) U12-Department of Transportation 32 Port Access Road ...... $5,000,000; 33 (69) P28-Department of Parks, Recreation, and Tourism 34 (a) Advertising ...... $5,500,000; 35 (b) Regional Tourism Districts ...... $550,000; 36 (70) R28-Department of Consumer Affairs 1 PAGE 315 2 1 Computer Services ...... $200,000; 2 (71) E24-Adjutant General’s Office 3 State Regional District Operations Program ...... $203,088; 4 (72) P32-Department of Commerce 5 Hydrogen/Fuel Cell Coalition and Equipment ...... $81,230; 6 (73) F03-Budget and Control Board 7 RFP & Study of Statewide Assessments ...... $1,000,000; 8 (73.1) The Budget and Control Board shall issue a request for proposal for the purpose of conducting a study on the feasibility 9and cost of converting the state assessment program to a computer-based or computer-adaptive format. Funds appropriated herein 10for the Statewide Assessment System shall be used to cover the cost of conducting the study. 11 (74) J04-Department of Health and Environmental Control 12 Trauma Center Fund ...... $2,000,000; 13 (74.1) Of the funds appropriated to the Department of Health and Environmental Control for the South Carolina State Trauma 14Care Fund, $2,000,000 shall be utilized for increasing the reimbursement rates for trauma hospitals, for trauma specialists’ 15professional fee, for increasing the capability of EMS trauma care providers from counties with a high rate of traumatic injury 16deaths to care for injury patients, and for support of the trauma system, based on a methodology as determined by the department 17with guidance and input from the Trauma Council as established in Section 44-61-530 of the South Carolina Code of Laws. The 18methodology to be developed will include a breakdown of disbursement of funds by percentage, with a proposed 77% disbursed to 19hospitals and trauma physician fees, 11% of the 21% must be disbursed to EMS providers for training EMTs, Advanced EMTs and 20paramedics by the four regional councils of this state and the remaining 10% must be disbursed to EMS providers in counties with 21high trauma mortality rates, and 2% allocated to the department for administration of the fund and support of the trauma system. 22The Department of Health and Environmental Control shall promulgate regulations as required in Section 44-61-540 of the 1976 23Code for the administration and oversight of the Trauma Care Fund. 24 (75) H63-Department of Education 25 Interpreter Recruitment and Training Program ...... $50,000; 26 (76) H15-University of Charleston 27 Marine Genomics ...... $603,000; 28 (77) F03-Budget and Control Board 29 (a) Confederate Relic Room ...... $410,435; 30 (b) Operating Expenses ...... $1,298,973; 31 (78) E04-Lieutenant Governor’s Office 32 Community Based Support Services - Office on Aging ...... $2,900,000; 33 (79) J02-Department of Health and Human Services 34 (a) Physician Reimbursements ...... $3,000,000; 35 (b) Rural Hospital Grants ...... $6,500,000; 36 (c) Health Care Information Referral Network ...... $336,000; 1 PAGE 316 2 1 (80) J12-Department of Mental Health 2 Charleston Center Administration Addition ...... $1,500,000; 3 (81) N04-Department of Corrections 4 Medical Department Technology Upgrades ...... $489,850; 5 (82) E23-Commission on Indigent Defense 6 (a) Conflict Fund ...... $500,000; 7 (b) Criminal Domestic Violence Defense ...... $460,000; 8 (83) F03-Budget and Control Board 9 (a) SC National Heritage Corridor ...... $250,000; 10 (b) Geodetic Mapping ...... $250,000; 11 (c) Demolition of Park Buildings ...... $470,750; 12 (d) Facilities Management - Other Operating ...... $35,000; 13 (e) SE Regional Settlement ...... $395,000; 14 (83.1) The Budget and Control Board shall utilize the $470,750 appropriated for “Demolition of Park Buildings” to contract for 15the demolition of dilapidated buildings at the State Park area which have been determined to be unsafe. Any funds remaining after 16the project has been completed shall be transferred to the General Fund. 17 (83.2) The Budget and Control Board shall transfer $35,000 to the Newberry County Sheriff’s Office for public safety 18enhancements. 19 (84) F27-Budget and Control Board, State Auditor’s Office 20 (a) Other Operating ...... $681,654; 21 (b) Contractual Services ...... $39,550; 22 (85) X22-Aid to Subdivisions - State Treasurer 23 Aid Planning Districts ...... $110,000; 24 (86) H95-State Museum Commission 25 (a) Cherokee County Museum ...... $450,000; 26 (b) York County Museum ...... $450,000; 27 (c) Chapman Cultural Center ...... $500,000; 28 (d) Spartanburg Memorial Auditorium ...... $500,000; 29 (e) Coastal Discovery Museum ...... $400,000; 30 (f) Mauldin Cultural Center ...... $100,000; 31 (g) African-American Museum in Charleston ...... $500,000; 32 (h) Myrtle Beach Children's Museum ...... $750,000; 33 (i) Imagine Nation: Children's Museum of the Upstate ...... $700,000; 34 (j) Greer Museum ...... $100,000; 35 (k) Cayce Museum ...... $50,000; 36 (87) J02-Department of Health and Human Services 1 PAGE 317 2 1 (a) Hemingway Health Complex ...... $465,000; 2 (b) Foothills Information Network ...... $500,000; 3 (c) Federally Qualified Community Health Centers ...... $1,000,000; 4 (d) Midlands Community Health Center ...... $675,000; 5 (88) J12-Department of Mental Health 6 (a) Nurturing Center ...... $90,000; 7 (b) Crisis Center of Marion, Florence, Darlington ...... $500,000; 8 (89) H87-State Library 9 (a) Barnwell County Library ...... $250,000; 10 (b) Boiling Springs Library Expansion ...... $200,000; 11 (c) Society Hill Library ...... $250,000; 12 (d) Public Library Construction Grants ...... $100,000; 13 (90) F03-Budget and Control Board 14 Statehouse Grounds and Complex Upgrades and Improvements ...... $6,000,000; 15 (91) N12-Department of Juvenile Justice 16 Coalition to Prevent Juvenile Crime-After School & Summer Programs ...... $500,000; 17 (91.1) The Department of Juvenile Justice is directed to transfer $500,000 to the Coalition to Prevent Juvenile Crime for use in 18expanding after-school programs and establishing summer programs to combat gang activities, improve drop out statistics, and 19prevent juvenile crime. 20 (92) U12-Department of Transportation 21 (a) Expansion Work on Hard Scrabble Road ...... $200,000; 22 (b) Greenville County Street Drainage Improvements ...... $300,000; 23 (93) P24-Department of Natural Resources 24 (a) Savannah River Basin Compact ...... $250,000; 25 (b) Infrastructure Repairs ...... $600,000; 26 (94) P28-Department of Parks, Recreation, and Tourism 27 (a) H. Cooper Black Field Trial & Recreation Area ...... $531,300; 28 (b) Dorchester County Youth and Senior Renovation Project ...... $180,000; 29 (c) National Historic Register Site - Randolph Cemetery ...... $175,000; 30 (d) Marion County Tourism Resource and Education Center ...... $250,000; 31 (95) F03-Budget and Control Board 32 (a) Weldon Auditorium ...... $500,000; 33 (b) Success Center Building ...... $100,000; 34 (c) City of Georgetown - Business Revitalization & Promotion ...... $23,460; 35 (d) Georgetown Marina ...... $1,000,000; 36 (e) City of Columbia - Streetscape ...... $1,000,000; 1 PAGE 318 2 1 (f) Columbia Black Expo ...... $200,000; 2 (g) Camden First Community Development Program ...... $150,000; 3 (h) Lexington County Water and Sewer ...... $250,000; 4 (i) East Camden Sewer System ...... $250,000; 5 (j) Police Substation Screaming Eagle Road ...... $100,000; 6 (k) Drummond Center Erskine College Program Support ...... $700,000; 7 (96) H47-Winthrop University 8 Tillman Hall Repair ...... $6,700,000; 9 (97) H51-Medical University of South Carolina 10 (a) Hollings Cancer Center ...... $500,000; 11 (b) College of Dental Medicine ...... $7,000,000; 12 (98) J20-Department of Alcohol and Other Drug Abuse Services 13 The Phoenix Center ...... $6,200,000; 14 (99) F03-Budget and Control Board 15 Tobacco Arbitration Settlement ...... $1,200,000; 16 (100) E23-Commission on Indigent Defense 17 Civil Appointments Fund ...... $1,500,000; 18 (101) H15-University of Charleston 19 Grice Marine Biology Laboratory ...... $4,000,000; 20 (102) P32-Department of Commerce 21 Competitive Grants ...... $500,000; 22 (103) F03-Budget and Control Board 23 Competitive Grants ...... $3,000,000; 24 (104) J04-Department of Health and Environmental Control 25 Competitive Grants ...... $2,800,000; 26 (105) P28-Department of Parks, Recreation, and Tourism 27 Competitive Grants ...... $3,000,000; 28 (106) E28-Election Commission 29 HAVA Training for Voters ...... $500,000; 30 (107) F03-Budget and Control Board 31 (a) Marion County Senior Center ...... $250,000; 32 (b) Old Springfield High School Renovations ...... $75,000; 33 (108) U12-Department of Transportation 34 Smart Ride Program - Newberry and Camden ...... $380,000; 35 (109) P28-Department of Parks, Recreation, and Tourism 36 Brookgreen Gardens Maintenance and Transportation ...... $108,000; 1 PAGE 319 2 1 (110) F03-Budget and Control Board 2 Lake City Senior Center ...... $200,000; 3 (111) H37-University of South Carolina-Lancaster 4 Repaving ...... $100,000; 5 (112) P21-South Carolina State University-PSA 6 (a) Lower Orangeburg/Upper Dorchester Community Development Corporation ...... $150,000; 7 (b) Historical Analysis Study - African American Community Wealth Creation ...... $150,000; 8 (113) P28-Department of Parks, Recreation, and Tourism 9 Marion County Recreation Facility ...... $100,000; 10 (114) H87-State Library 11 Olanta Library ...... $250,000; 12 (115) K05-Department of Public Safety 13 Sumter County Justice Assistance Grant ...... $52,572; 14 (116) H63-Department of Education 15 First Steps Centers of Excellence ...... $2,000,000; 16 (116.1) Expand First Steps Centers Of Excellence child development centers through a two year pilot program serving at-risk 17children ages zero to four beginning in the trial districts and expanding to the plaintiff districts. 18 (117) P32-Department of Commerce 19 Hartsville Railroad Project ...... $250,000; 20 (118) F03-Budget and Control Board 21 Hartsville Drainage Project ...... $200,000; 22 and 23 (119) P16-Department of Agriculture 24 Jasper County Farmers Market ...... $200,000. 25 Entities that receive funding through item (95) subitems (a) through (k) listed under the Budget and Control Board are required 26to submit a report to the Budget and Control Board, the Chairman of the Senate Finance Committee, and the Chairman of the 27House Ways and Means Committee which contains a complete accounting for the expenditure of the funds received. Reports shall 28be transmitted no later than 90 days after the close of the fiscal year in which funds were distributed. 29 Unexpended funds appropriated pursuant to this provision may be carried forward to succeeding fiscal years and expended for 30the same purposes. 31 73.10. (SR: Contingency Reserve Fund) (A) There is created in the State Treasury a fund separate and distinct from the general 32fund of the State, the Capital Reserve Fund, and all other funds entitled the Contingency Reserve Fund. All general fund revenues 33accumulated in a fiscal year in excess of general appropriations and supplemental appropriations must be credited to this fund. 34Revenues credited to this fund in a fiscal year may be appropriated by the General Assembly in its regular session in the year 35following the close of the applicable fiscal year. Upon determination by the Comptroller General as to the amount to be deposited 36in the Contingency Reserve Fund, the Comptroller General shall notify the Board of Economic Advisors and the board shall 1 PAGE 320 2 1recognize that amount as surplus funds. Revenues in this fund may be appropriated only for the purposes provided in subsection 2(B). 3 (B)(1) If the balance in the general reserve fund established pursuant to Article III, Section 36 of the Constitution of this State 4and Section 11-11-310 of the 1976 Code is less than the required balance, there must be appropriated to it all amounts in the 5Contingency Reserve Fund up to the total necessary to replenish the general reserve fund. This amount does not replace or 6supplant the minimum replenishment amount otherwise required to be made to the general reserve fund. 7 (2) After the appropriation of any amounts required pursuant to item (1) of this subsection and upon the close of the books 8for Fiscal Year 2006-07, the first $50,000,000 shall be deposited into an account and utilized to address other post employment 9benefits. 10 (3) The next $50,000,000 shall be transferred to the Department of Commerce and shall be utilized to establish an 11Infrastructure Fund for Capital Improvements to provide financial assistance to counties, municipalities, and special purpose and 12public service districts with a population of less than 100,000. The assistance shall include, but not be limited to, water, 13wastewater, and transportation infrastructure needs. Of these funds the first $25,000,000 shall be dedicated to the I-95 corridor 14and the next $25,000,000 shall be utilized in other rural counties, excluding I-95, for infrastructure projects. Counties, 15municipalities, and special purpose and public service districts shall be required to provide a dollar for dollar match in order to 16obtain the funds. 17 The Department of Commerce shall develop an application process and shall administer the fund. 18 (3) (4) After the appropriation of amounts required pursuant to item items (1), (2) and (3) of this subsection, any remaining 19balance may be appropriated for or used to offset revenue reductions for: 20 (a) infrastructure improvements; and for purposes of this item, infrastructure includes, but is not limited to, fixed 21transportation facilities, to include highway, rail, water, and air, and the basic facilities, services, and installations needed for the 22functioning of government, to include water, sewer, and public sector communications; 23 (b) school buildings; 24 (c) school buses; and 25 (d) expenses incurred by this State as a result of natural or other disasters declared by the President of the United States. 26Should the General Assembly not be in session during a declared disaster, the Budget and Control Board may, by unanimous 27approval of its members, utilize the Contingency Reserve Fund to underwrite state government costs directly associated with the 28disaster. Eligible costs include those costs associated with public safety personnel and equipment as well as funding match 29requirements with the Federal Emergency Management Agency. 30 (3) Appropriations from the Fund must be made by means of a joint resolution. 31 73.11. (SR: Redirect FY 05-06 Increased Enforcement Collections) (A) Any excess revenue collected pursuant to Proviso 3273.17 of the Fiscal Year 2005-06 General Appropriation Act after the listed items are fully funded shall be deposited in a fund 33separate and distinct from the General Fund as established within the Office of the State Treasurer. This revenue is deemed to have 34occurred and is available for use in Fiscal Year 2006-07. 35 (B) From such excess increased enforcement collections, the State Treasurer shall disburse the following funds: 36 F03-Budget and Control Board 1 PAGE 321 2 1 (a) Central Carolina Allied Health Service Center ...... $2,000,000; 2 (b) Conway Maintenance Shop Renovations ...... $1,000,000; 3 (c) Anderson County Health Department Roof Replacement and 4 Magistrate’s Court Building ...... $3,500,000; 5 (d) Edgefield Building Renovations ...... $300,000; 6 (e) Dorchester Interfaith Outreach Ministry Homeless Center and Soup Kitchen ...... $250,000; 7 H59-State Board for Technical and Comprehensive Education 8 Horry-Georgetown Technical College ...... $1,000,000; 9 H12-Clemson University 10 Infrastructure Repairs ...... $900,000; 11 H87-State Library 12 Calhoun County Library ...... $1,000,000; 13 E24-Adjutant General’s Office 14 (a) Hurricane Shelter Generator Connections ...... $3,200,000; 15 (b) Statewide Emergency Communication System ...... $500,000; 16 (c) EMD-Hurricane Emergency Preparation, Planning and Response ...... $250,000; 17 (d) EMD-Dedicated Plans and Response ...... $250,000; 18 J12-Department of Mental Health 19 Williams Building Cooperative Ministries Homeless Shelter Renovation & Operation ...... $750,000; 20 and 21 R44-Department of Revenue 22 Alternative Fuel and Fuel Efficiency Incentives ...... $7,050,000. 23 Any excess revenue collected after the above items are fully funded shall be credited to the South Carolina Budget and Control 24Board Grants Program. No funds may be obligated from the South Carolina Budget and Control Board Grants Program after 25September 30, 2006. Unexpended unobligated revenue in the grants program shall lapse to the General Fund and shall be available 26for use in Fiscal Year 2006-07 as the General Assembly deems appropriate. 27 73.12. (SR: Unobligated FY 2006-07 General Fund Revenue) (A) The source of general fund revenue appropriated in this 28provision is $551,929,588 of Fiscal Year 2006-07 unobligated general fund revenue as certified by the Board of Economic 29Advisors and $34,355,384 of unobligated revenue lapsed to the General Fund in Fiscal Year 2006-07 from the South Carolina 30Budget and Control Board Grants Program. This revenue is deemed to have occurred and is available for use in Fiscal Year 31 2007 - 08 after September 1, 2007, following the Comptroller General’s close of the state’s books on Fiscal Year 2006 - 07. 32 (B) From such Fiscal Year 2006-07 unobligated general fund revenues the appropriations in this provision are listed in 33 priority order beginning with item (1) and each separate appropriation item or subitem must be fully funded before the next item 34 or subitem in order is paid . Provided, however, that any individual item may be partially funded in the order in which it appears 35to the extent that revenues are available. 36 The following sums are appropriated for the purposes stated: 1 PAGE 322 2 1 (1) Unobligated Surplus in Part 1A ...... $113,736,515 ; 2 (2) H63 - Department of Education 3 (A) 4 Year Pre-Kindergarten Child Development Education Pilot Program ...... 9,294,497; 4 (B) First Steps- 4 Year Pre-Kindergarten Child Development Education Pilot Program ...... 7,858,576; 5 (C) School Transportation ...... 29,553,931; 6 (D) School Buses ...... 30,546,069; 7 (E) Governor's School for the Arts - Classroom Equipment ...... 75,000 8 (F) Governor's School for Science & Math - Technology Replacement ...... 64,042 9 (G) Instructional Materials ...... 284,341 10 (H) Technology Initiative ...... 2,000,000 11 (I) School Libraries ...... 1,000,000 12 (J) Boys & Girls Clubs ...... 1,300,000 13 (K) EFA Reserve Fund ...... 18,000,000 14 (L) Save the Children Rural Literacy Project ...... 500,000 15 (M) Science South ...... 750,000 16 (3) H71 - Wil Lou Gray Opportunity School 17 (A) Computer Replacement ...... 62,500; 18 (B) Asbestos Flooring - Containment/Removal ...... 250,000; 19 (C) Recreational & Perimeter Lighting ...... 50,000; 20 (D) Support Services - Shower Rooms ...... 100,000; 21 (E) Student Transportation - 3 Mini Buses ...... 125,000; 22 (4) H75 - School for the Deaf & Blind 23 (A) Health Center ...... 100,000; 24 (B) Infrastructure Replacement & Renovations ...... 1,000,000; 25 (C) SC Association of the Deaf - Interpreter Recruitment & Training Project ...... 50,000; 26 27 (5) L12 - John de la Howe School 28 Deferred Maintenance & Wilderness Camp ...... 292,000; 29 (6) H03 - Commission on Higher Education 30 (A) GEAR-UP ...... 75,000; 31 (B) Electronic Library ...... 2,000,000; 32 (C) Greenville Technical College ...... 1,123,000; 33 (D) University Center of Greenville ...... 1,550,000; 34 (E) Enhance Agency Technology ...... 130,000; 35 (F) SC Manufacturing Extension Partnership ...... 1,200,000; 36 (G) National Guard Scholarship Program ...... 1,300,000; 1 PAGE 323 2 1 (H) SC Community Enterprise Center ...... 200,000; 2 (7) H12 - Clemson University 3 (A) LightRail ...... 1,500,000; 4 (B) Deferred Maintenance ...... 105,000; 5 (8) H18 - Francis Marion University 6 (A) Center for the Performing Arts ...... 4,000,000; 7 (B) I-95 Corridor Study ...... 250,000; 8 (9) H21 - Lander University 9 Greenwood-Lander Performing Arts Outreach Program ...... 20,000; 10 (10) H24 - South Carolina State University 11 (A) Transportation Center ...... 410,635; 12 (B) Deferred Maintenance ...... 1,500,000; 13 (C) SC Alliance for Minority Participation ...... 200,000; 14 (D) I-95 Corridor Study ...... 250,000; 15 (E) Bridge Program ...... 250,000; 16 (11) H27 - University of South Carolina - Columbia 17 (A) One Carolina ...... 1,500,000; 18 (B) LightRail ...... 1,500,000; 19 (C) SC Institute of Archaeology and Anthropology - Equipment ...... 54,375; 20 (D) SC Institute of Archaeology and Anthropology - Building Renovation ...... 300,000; 21 (E) Gibbs Green Renovation ...... 105,000; 22 (12) H37 - University of South Carolina - Lancaster 23 Repairs and Renovation ...... 800,000; 24 (13) H47 - Winthrop University 25 (A) Lake Wylie Small Business Development Center ...... 115,000; 26 (B) Deferred Maintenance/Property Acquisition ...... 1,200,000; 27 (14) H51 - Medical University of South Carolina 28 (A) Hollings Cancer Center ...... 500,000; 29 (B) LightRail ...... 1,500,000; 30 (C) Reid House - Health Education & Disease Prevention Initiative ...... 250,000; 31 (D) Charleston Breast Center - Equipment ...... 450,000; 32 (15) H59 - Board for Technical and Comprehensive Education 33 (A) Allied Health Initiative ...... 10,000,000; 34 (B) Center for Accelerated Technology ...... 1,200,000; 35 (C) Central Carolina Technical College - Nursing Program ...... 2,000,000; 36 (D) Greenville Technical College - Northwest Campus Heritage Hall ...... 400,000; 1 PAGE 324 2 1 (E) Midlands Technical College - Center of Excellence for Technology ...... 1,000,000; 2 (F) Williamsburg Technical College - Trades Program ...... 300,000; 3 (G) York Technical College - Chester Technology ...... 500,000; 4 (H) Piedmont Pottery Program ...... 150,000; 5 (I) Technical College of the Lowcountry - Nursing Program ...... 250,000; 6 (J) Orangeburg Technical College - Trucking Program ...... 200,000; 7 (16) H67 - Educational Television Commission 8 (A) Education Satellite Services ...... 1,400,000; 9 (B) Radio & Television Transmission ...... 485,000; 10 (17) J02 - Department of Health & Human Services 11 (A) Rural Hospital Grants ...... 2,500,000; 12 (B) Prevention Partnership Grants ...... 2,000,000; 13 (C) Outpatient Hospital Rates ...... 5,000,000; 14 (D) Federally Qualified Community Health Centers ...... 1,100,000; 15 (E) Physician Reimbursements ...... 3,000,000; 16 (F) In-Home Nursing Rate Increase ...... 200,000; 17 (G) Emergency Medical Transportation Services Rate Increase ...... 250,000; 18 (H) Chronic Kidney Disease Initiative ...... 200,000; 19 (17.1) (Federally Qualified Community Health Centers) The funds appropriated to the Department of Health and Human 20Services for Federally Qualified Community Health Centers shall be distributed to Centers that had an increase in the number of 21uninsured individuals served during the prior reporting period. 22 (17.2) (In-Home Nursing Rate Increase) The $200,000 appropriated to the Department of Health and Human Services for In- 23Home Nursing Rate Increase shall be used for the In-Home Nursing Program in order to raise nurse wages. 24 (17.3) (Emergency Medical Transportation Services Rate Increase) The $250,000 appropriated to the Department of Health 25and Human Services for Emergency Medical Transportation Services Rate Increase shall be used to provide a rate increase for 26emergency ground ambulance services provided to Medicaid recipients. 27 (17.4) (Chronic Kidney Disease Initiative) The $200,000 appropriated to the Department of Health and Human Services for 28 Chronic Kidney Disease Initiative shall be transferred to the National Kidney Foundation of South Carolina. The purpose of the 29Initiative shall be to provide public education and professional training throughout South Carolina to address the escalating 30number of persons with chronic kidney disease and those at risk for chronic kidney disease. The Chronic Kidney Disease Initiative 31shall include: (a) a free health screening program for those at risk for kidney disease, with the purpose of detecting and treating 32kidney disease at its earliest stages; (b) a public awareness campaign to educate South Carolinians about their risk for kidney 33disease and measures to prevent or treat the disease; and (c) training and education provided to medical professionals to 34recognize and properly treat those at risk in the early stages of kidney disease. The Foundation shall report to the department on 35the expenditure of these funds until the funds are expended. 36 (18) J04 - Department of Health & Environmental Control 1 PAGE 325 2 1 (A) Improve Water Quality ...... 500,000; 2 (B) Food Service Inspections & Dairy Product Testing ...... 115,500; 3 (C) Infectious Disease Prevention - Tuberculosis & Sexually Transmitted Diseases ...... 30,000; 4 (D) AIDS Drug Assistance Program ...... 1,000,000; 5 (E) Infant Mortality Reduction ...... 40,000; 6 (F) Vaccine Purchases for Under-Insured Children & Adolescents ...... 2,397,192; 7 (G) Prevention of Diabetes and Other Chronic Disease Disparities ...... 120,000; 8 (H) Pandemic Influenza - Federal Purchasing Program TamiFlu ...... 1,705,636; 9 (I) Hemophilia Patient Services - Premium Assistance Program ...... 100,000; 10 (J) Interstate Cooperation Monitoring Program ...... 578,000; 11 (K) Comprehensive Youth Tobacco Program & Cessation ...... 2,000,000; 12 (L) Onsite Water Systems ...... 46,750; 13 (M) Beach Renourishment ...... 5,000,000; 14 (N) Air Quality Improvement ...... 150,000; 15 (O) Oconee Hospital/EMS Center ...... 500,000; 16 (P) SUPERB Fund ...... 5,000,000; 17 (Q) Organ Donor Registry ...... 573,800; 18 (R) Reedy River Restoration Project ...... 500,000; 19 (S) Beach Outfall Pipe Removal ...... 4,000,000; 20 (T) Cherry Grove Inlet Dredging ...... 1,000,000; 21 (U) Camp Cherokee - Sewer Line ...... 200,000; 22 (V) Competitive Grants ...... 2,800,000; 23 (W) Hemingway Health Complex ...... 250,000; 24 (X) Heritage Community Services ...... 800,000; 25 (Y) Lakelands Rural Health Network - Electronic Records ...... 98,000; 26 (Z) Midlands Community Health Center ...... 200,000; 27 (AA) SC Biotechnology Incubation Program - Expansion ...... 200,000; 28 (BB) OCRM Waterway Hazard Removal ...... 200,000; 29 (CC) I-85 Water and Sewer Infrastructure ...... 950,000; 30 (DD) Town of South Congaree - Water and Sewer ...... 450,000; 31 (EE) Batesburg-Leesville Water & Sewer ...... 500,000; 32 (FF) Darlington Waste Water Plant ...... 75,000; 33 (GG) Greenwood Sewer Extension Line ...... 990,000; 34 (HH) Town of Great Falls - Sewer Extension to Montrose Development ...... 500,000; 35 (II) Horry County Health Department ...... 200,000; 1 PAGE 326 2 1 (18.1) (Hemophilia Patient Services - Premium Assistance Program) The $100,000 appropriated to the Department of Health 2and Environmental Control for Hemophilia Patient Services - Premium Assistance Program shall be utilized for Patient Services 3Incorporated to implement the South Carolina Hemophilia Premium Assistance Program. Such efforts will maintain and enhance 4the current program as administered by the department and will determine whether the premium assistance program is cost- 5effective. The pilot program will begin no later than December 1, 2007. This program shall include persons with hemophilia, 6notwithstanding the provisions of Section 38-74-30(E)(3) of the 1976 Code. A report on the progress of the pilot will be made to 7the General Assembly and the Governor regarding savings resulting from the assistance program no later than April 30, 2008. 8 (18.2) (Interstate Cooperation Monitoring Program) Up to $30,000 of the funds appropriated for the Interstate Cooperation 9Monitoring Program shall be used by the Department of Health and Environmental Control to cover expenses incurred in the 10regular meetings of the Catawba/Wateree and Yadkin/Pee Dee Advisory Commissions. Commission members shall be authorized 11to receive per diem and mileage reimbursement as is provided by law for members of boards, commissions, and committees. 12 (18.3) (Beach Outfall Pipe Removal) The funds allocated for Beach Outfall Pipe Removal shall be spent in accordance with 13the priorities list established by the Department of Health and Environmental Control. Each entity asking to receive funds is 14allowed a maximum of $2,000,000 and must provide a dollar for dollar match to obtain funds. 15 (19) J12 - Department of Mental Health 16 (A) Columbia Area Mental Health Center Construction ...... 4,430,000; 17 (B) Mental Health Association Suicide Prevention Plan Proviso ...... 50,000; 18 (C) Charleston/Dorchester Community Mental Health Center ...... 400,000; 19 (19.1) (Mental Health Association Suicide Prevention Plan) The $50,000 appropriated to the Department of Mental Health for 20Mental Health Association Suicide Prevention Plan shall be provided to the Mental Health Association in South Carolina to 21implement the South Carolina Suicide Prevention Plan formulated by the South Carolina Suicide Task Force. 22 (19.2) (Charleston/Dorchester Community Mental Health Center) The $400,000 appropriated to the Department of Mental 23Health for the Charleston/Dorchester Community Mental Health Center shall be utilized for reimbursement of inpatient acute 24crisis care for the indigent provided through contract with the Charleston/Dorchester Community Mental Health Center. Any 25funds not obligated for these services must be used for the same purpose in succeeding fiscal years. 26 (20) J16 - Department of Disabilities & Special Needs 27 (A) Pervasive Development Disorder Waiver ...... 4,500,000; 28 (B) SC Center for the Treatment of Genetic Diseases ...... 3,500,000; 29 (C) Camp Spearhead ...... 500,000; 30 (21) J20 - Department of Alcohol & Other Drug Abuse Services 31 (A) Aid to Entities - Alcohol Enforcement Teams ...... 1,600,000; 32 (B) Wisdom in Living Life Ministry ...... 150,000; 33 (22) L04 - Department of Social Services 34 (A) Direct Services Staffing Initiative - Child Support ...... 3,000,000; 35 (B) Adoption Subsidy ...... 2,000,000; 36 (C) Child Care Vouchers ...... 5,609,474; 1 PAGE 327 2 1 (D) Child Support Enforcement ...... 5,290,526; 2 (E) Child Support Enforcement System - Penalties ...... 10,000,000; 3 (F) Callen Lacy Center ...... 200,000; 4 (G) Children in Crisis ...... 100,000; 5 (H) Nurturing Center ...... 100,000; 6 (I) Sea Haven ...... 100,000; 7 (J) Children's Advocacy Center ...... 700,000; 8 (K) Family Service Center - Adoption Services ...... 100,000; 9 (L) Women in Unity Children's Learning Center ...... 50,000; 10 (M) Edgefield County Children Helping Others ...... 100,000; 11 (N) Phyllis Wheatley Community Center - Roof Repair and Mold Eradication ...... 200,000; 12 (O) Spartanburg Children's Shelter ...... 300,000; 13 (P) Allendale DSS Building ...... 500,000; 14 (Q) Weed & Seed Safe Haven ...... 200,000; 15 (R) Dillon Criterion Center ...... 50,000; 16 (22.1) (Children’s Advocacy Center) The $700,000 appropriated to the Department of Social Services for Children’s 17Advocacy Centers must be distributed as follows: $300,000 to the Children’s Advocacy Center of Spartanburg for rehabilitation 18and renovation of properties to provide additional therapy space for physically and sexually abused children, $200,000 to the 19Edisto Children’s Center to fund the acquisition of a new building in order to help physically and sexually abused children, and 20$200,000 to the Lowcountry Children’s Center in Charleston for psychiatric care for physically abused children. The Children’s 21Advocacy Center of Spartanburg, the Edisto Children’s Center, and the Lowcountry Children’s Center in Charleston shall submit 22to the Senate Finance Committee and the House Ways and Means Committee a detailed accounting for the expenditure of these 23funds by June 30, 2008. 24 (23) L24 - Commission for the Blind 25 Rehabilitation - Vocational Rehabilitation Services ...... 125,000; 26 (24) H79 - Department of Archives & History 27 (A) Electronic Archives Development ...... 218,000 ; 28 (B) Public Access Upgrades ...... 40,000 ; 29 (C) National Historic Register Site - Randolph Cemetery ...... 200,000; 30 (D) Quaker Cemetery ...... 70,000; 31 (E) Morris Island Lighthouse ...... 500,000 ; 32 (25) H87 - State Library 33 (A) Darlington Old Carnegie Library ...... 125,000; 34 (B) Johnsonville Library ...... 550,000; 35 (26) H91 - Arts Commission 36 (A) Grants - Education, Arts & Cultural Tourism ...... 585,000; 1 PAGE 328 2 1 (B) Newberry County Opera House ...... 50,000; 2 (C) Weldon Auditorium ...... 500,000; 3 (D) Town of Chesterfield/Old Courthouse Arts Renovation Center ...... 125,000; 4 (E) Gaffney Arts & Cultural Center ...... 400,000; 5 (26.1) (Grants - Education, Arts and Cultural Tourism) For the current fiscal year, the Arts Commission is prohibited from 6utilizing funds appropriated for Education, Arts, and Cultural Tourism grants for personal services. 7 (27) H95 - State Museum 8 (A) Marketing ...... 25,000; 9 (B) Acquisitions ...... 25,000; 10 (C) Aiken Cultural Learning Center ...... 250,000; 11 (D) Colleton Cultural Center ...... 285,000; 12 (E) Edelman Cultural Center ...... 100,000; 13 (F) SC Hall of Fame ...... 25,000; 14 (G) OPT - Observatory, Planetarium, Theater ...... 2,000,000; 15 (H) Dr. Benjamin E. Mays Historic Site & Museum ...... 200,000; 16 (I) York County Museum ...... 500,000; 17 (J) Florence Museum ...... 3,900,000; 18 (K) Fountain Inn Museum ...... 100,000; 19 (L) Fountain Inn Civic Center Auditorium ...... 100,000; 20 (27.1) (Florence Museum) Of the funds appropriated to the State Museum for the Florence Museum the locality shall match 21every state dollar with two local dollars. 22 (28) P12 - Forestry Commission 23 Oconee County Fire Fighting Equipment ...... 150,000; 24 (29) P16 - Department of Agriculture 25 (A) Marketing ...... 1,000,000; 26 (B) Bio Diesel & Ethanol Testing ...... 250,000; 27 (C) Colleton Farmers Market Revitalization Project ...... 150,000; 28 (30) P20 - Clemson University-PSA 29 (A) Agribusiness, Biotech, Genetics ...... 3,600,000; 30 (B) Spartanburg Humane Society ...... 100,000; 31 (31) P21 - South Carolina State University-PSA 32 Lower Orangeburg/Upper Dorchester Community Development Corporation ...... 200,000; 33 (32) P24 - Department of Natural Resources 34 (A) Law Enforcement ...... 730,400; 35 (B) Marine Infrastructure ...... 5,000,000; 36 (C) Law Enforcement Equipment ...... 500,000; 1 PAGE 329 2 1 (D) Freshwater Fish Hatchery Maintenance ...... 2,165,000; 2 (E) Upgrade VHF Radio System ...... 5,000,000; 3 (F) Information Technology ...... 2,500,000; 4 (G) Historic Houses & Structures ...... 2,200,000; 5 (H) Recruitment and Retention of Staff ...... 500,000; 6 (I) Removal of Abandoned River Shacks ...... 100,000; 7 (J) Lynches River Environmental Discovery Center ...... 120,129; 8 (K) Erosion and Sediment Control at Congaree Pointe ...... 475,000; 9 (L) Keeper of the Wild ...... 75,000; 10 (M) Lake Wylie Visitor Center ...... 235,000; 11 (33) P28 - Department of Parks, Recreation & Tourism 12 (A) Advertising - Statewide ...... 10,000,000; 13 (B) Advertising - Destination Specific ...... 10,000,000; 14 (C) Product Development ...... 10,000,000; 15 (D) State Parks Asbestos Abatement ...... 1,000,000; 16 (E) Parks and Recreation Development Fund (PARD) ...... 6,000,000; 17 (F) Mfg Alliance "Made in South Carolina" ...... 750,000; 18 (G) Competitive Grants ...... 3,000,000; 19 (H) Regional Tourism Districts ...... 550,000; 20 (I) Anderson County Parks & Recreation ...... 800,000; 21 (J) Camp Croft State Park - Bridge ...... 250,000; 22 (K) Mount Pleasant Waterfront Park ...... 500,000; 23 (L) Dorchester County Youth, Senior and Tourism ...... 160,000; 24 (M) Historic Mineral Springs Park ...... 165,000; 25 (N) Promotion for Recreation Facilities in Charleston County ...... 125,000; 26 (O) Historic Duncan Park ...... 60,000; 27 (P) Aiken County Brownfield Project - Clearwater Village ...... 165,000; 28 (Q) Oakley Park ...... 150,000; 29 (R) Atlantic Beach Marketing, Tourism, and Planning ...... 225,000; 30 (S) Murrell's Inlet Project ...... 235,000; 31 (T) Marion County Tourism & Education Resource Center ...... 165,000; 32 (U) Lee County Park ...... 150,000; 33 (V) Darlington Byerly Park ...... 150,000; 34 (W) Fingerville Community Park - Spartanburg ...... 80,000; 35 (X) Little League Sports Complex on Bryant Road ...... 70,000; 36 (Y) Lake Ashwood Project ...... 65,000; 1 PAGE 330 2 1 (Z) Richland County Recreation Commission - Friarsgate Park ...... 25,000; 2 (AA) Horry County Community Parks, Recreation, and Tourism ...... 300,000; 3 (33.1) (Advertising - Statewide) From the funds appropriated for Advertising - Statewide, the department shall use not less 4than $10,000,000 for a general tourism marketing program. Of these funds, $500,000 shall be provided for international 5marketing. The department shall measure the success of the marketing and public relations program, including the estimated 6 return on investment to the state. Promotional programs must be based on research - based outcomes. The department must use 7the funds only for the purpose of general marketing and public relations designed to stimulate travel to the state. The department 8shall provide an annual report by November 1 to the Chairmen of the Senate Finance Committee and the House Ways and Means 9Committee on the expenditure of the funds and on the outcome measures. 10 (33.2) (Product Development) The funds appropriated to the Department of Parks, Recreation, and Tourism in this provision 11for Product Development shall be used for a tourism product development program. The department shall develop tourist- 12 attracting clusters of activity statewide. The department shall measure the success of the tourism product development program, 13 including the estimated return on investment to the state. The department must use the funds only for the purpose of developing 14tourist attractions within the state. The department shall provide an annual report by November 1 to the Chairmen of the Senate 15Finance Committee and the House Ways and Means Committee on the expenditure of the funds. In addition, $4,000,000 of the 16funds appropriated for Product Development shall be transferred to the Department of Agriculture, which shall be utilized for 17Agri-Tourism and Economic Development. 18 (33.3) (Tourism Partnership Fund) Of the $10,000,000 appropriated to the Department of Parks, Recreation, and Tourism for 19Advertising-Statewide, $2,500,000 of these funds must be distributed towards the Tourism Partnership Fund Program within 30 20days upon receipt of the appropriation pursuant to this provision. 21 (34) P32 - Department of Commerce 22 (A) Closing Fund ...... 7,000,000; 23 (B) Myrtle Beach Fixed Base Operator ...... 2,000,000; 24 (C) Competitive Grants ...... 500,000; 25 (D) Community Development Corporations ...... 400,000; 26 (E) Minority Business Centers ...... 100,000; 27 (F) Regional Economic Development Organizations ...... 3,000,000; 28 (G) Competitiveness Council ...... 400,000; 29 (H) City of Sumter - Downtown Redevelopment for Economic Development & Recreation ...... 360,000; 30 (I) Columbia Black Expo ...... 250,000; 31 (J) Woodruff Municipal Complex Engineering, Architectural & Environmental Studies ...... 50,000; 32 (K) St. Stephen's Revitalization ...... 100,000; 33 (L) Donaldson Development Commission ...... 3,000,000; 34 (35) P36 - Patriots Point Authority 35 Yorktown Fire Protection Program ...... 500,000; 36 (36) P40 - Conservation Bank 1 PAGE 331 2 1 Conservation Land Bank ...... 5,000,000; 2 (37) B04 - Judicial Department 3 (A) Court Technology ...... 1,550,000; 4 (B) Travel ...... 1,000,000; 5 (C) Abbeville County Courthouse Renovation & Operational Costs ...... 225,000; 6 (38) E20 - Attorney General 7 (A) Internet Sexual Predator Prosecutors & Support Staff - Startup Equipment ...... 255,000 ; 8 (B) Technology Enhancement Initiative - Computer Equipment ...... 468,038 ; 9 (39) E23 - Commission on Indigent Defense 10 (A) Civil Appointment Fund ...... 2,500,000; 11 (B) Defense of Indigents Per Capita ...... 2,000,000; 12 (C) Death Penalty Trial Unit ...... 500,000; 13 (40) K05 - Department of Public Safety 14 (A) Highway Traffic Enforcement - New Highway Patrol Officers Equipment ...... 3,907,324; 15 (B) Bureau of Protective Services Officers Equipment ...... 51,520; 16 (C) Fleet Rotation for Highway Patrol Officers ...... 6,482,961; 17 (D) Fleet Rotation for State Transport Police Officers ...... 788,481; 18 (E) Operations & Upgrades to Reopen I-95 Weigh Station ...... 6,710,096; 19 (41) N20 - Law Enforcement Training Council 20 (A) Firearms/Driving Instructor - Startup Equipment ...... 6,000; 21 (B) Defensive Tactics Instructor - Startup Equipment ...... 6,500; 22 (C) Criminal Domestic Violence Training Unit - Instructors Startup Equipment ...... 6,000; 23 (D) Master Instructor Program - Startup Equipment ...... 6,600; 24 (E) Leadership Training Program - Startup Equipment ...... 77,800; 25 (F) Gang Training Instructors - Startup Equipment ...... 42,000; 26 (G) Dormitory Renovation ...... 2,210,000; 27 (H) Academy HVAC ...... 1,000,000; 28 (I) Weapons Range 1 & 2 and Shotgun Range Renovation ...... 1,000,000; 29 (J) Renovation of CJA Wrap-Around ...... 1,000,000; 30 (K) Renovation of Dining Room Facilities ...... 233,000; 31 (42) N04 - Department of Corrections 32 (A) Facility Maintenance ...... 2,000,000; 33 (B) Broad River 256 Bed Housing Unit - Startup Equipment ...... 150,000; 34 (C) Lock-Up Unit at MacDougall Institution - Startup Equipment ...... 20,000; 35 (D) Vehicle/Communication Equipment Purchases/Replacements ...... 500,000; 36 (E) Second Chance Barn ...... 50,000; 1 PAGE 332 2 1 (F) Greer Police & Courts Complex ...... 450,000; 2 (43) N12 - Department of Juvenile Justice 3 (A) Intensive Probation & Parole Supervision ...... 42,671; 4 (B) Critical Transportation Needs ...... 123,142; 5 (C) 800 MHz Digital Radio System ...... 440,000; 6 (D) Live-Scan Finger Print System ...... 120,000; 7 (E) Gang Reporting & Programming - Startup Equipment ...... 6,000; 8 (F) ACES - Attitude, Communication, Emotions, Situations ...... 250,000; 9 (G) Replacement of Obsolete Dormitories ...... 7,660,374; 10 (44) L36 - Human Affairs Commission 11 Mediation ...... 13,075; 12 (45) L46 - Commission On Minority Affairs 13 (A) Administration ...... 10,000; 14 (B) Technology/Software Maintenance ...... 14,200; 15 (46) R20 - Department of Insurance 16 Uninterruptible Power Source (UPS) & Generator ...... 20,000; 17 (47) R36 - Department of Labor, Licensing, & Regulation 18 (A) VSAFE Fire Fighter Grants ...... 3,000,000; 19 (B) Urban Search & Rescue ...... 983,850; 20 (48) U12 - Department of Transportation 21 (A) Smart Ride Annualization ...... 380,000; 22 (B) Commercial Motor Vehicle Rest Areas ...... 637,400; 23 (C) Mass Transit ...... 1,300,000; 24 (D) Aiken County Economic Development ...... 1,760,000; 25 (E) Salter's Road Expansion Project ...... 2,000,000; 26 (F) Traffic Safety Hazard Mitigation - St. Paul Church Road ...... 150,000; 27 (G) Hardscrabble Road Intersection Improvements ...... 200,000; 28 (H) North Springs, Harrington, and South Springs Intersection Improvements ...... 100,000; 29 (I) City of Easley - Town Center Infrastructure Improvements ...... 950,000; 30 (J) I-95 Corridor and Global Logistic Triangle ...... 700,000; 31 (K) Bull Durham Project - Town of Estill ...... 150,000; 32 (L) Overlay Redevelopment District ...... 300,000; 33 (49) Y14 - State Ports Authority 34 Harbor Dredging ...... 2,400,000; 35 (50) A05 - House of Representatives 36 Technology Assessment ...... 60,000; 1 PAGE 333 2 1 (51) C05 - Administrative Law Court 2 (A) Staff Attorneys - Startup Equipment ...... 33,851; 3 (B) Business Associate - Startup Equipment ...... 3,413; 4 (52) D10 - Governor's Office-State Law Enforcement Division 5 (A) Investigative Services ...... 432,500; 6 (B) Forensic Services ...... 963,100; 7 (C) Gang Reporting Database ...... 3,400; 8 (D) Vehicle Replacement ...... 870,000; 9 (E) Pee Dee Ballistic Shoothouse ...... 400,000; 10 (F) Town of Lexington - Middle Schools - Security Camera System ...... 20,000; 11 (53) D17 - Governor's Office-OEPP 12 (A) State Veterans' Cemetery ...... 15,000; 13 (B) Children's Trust Fund ...... 100,000; 14 (C) Victims Assistance - Ombudsman ...... 48,000; 15 (54) E04 - Lieutenant Governor 16 (A) Home & Community Based Services ...... 1,400,000; 17 (B) Burgess Center ...... 185,000; 18 (C) Brookland Community Development Corporation-Respite for Seniors ...... 275,000; 19 (D) Chesnee Senior Center ...... 250,000; 20 (55) E16 - State Treasurer 21 Tuition Prepayment Program - Elimination of Unfunded Liability ...... 20,000,000; 22 (56) E24 - Adjutant General 23 (A) Alternative Power Source for Shelters ...... 2,920,000; 24 (B) SC Joint Communications Center of Excellence ...... 1,000,000; 25 (C) The Citadel-South Carolina National Guard Readiness Center ...... 2,500,000; 26 (D) Federal Match 2005 Ice Storm ...... 3,679,096; 27 (57) E28 - Election Commission 28 (A) 2008 Statewide Primary/Runoff Elections ...... 3,473,000; 29 (B) Operations ...... 250,000; 30 (C) Voter Education ...... 250,000; 31 (D) Ballot Security ...... 400,000; 32 (58) F03 - Budget & Control Board 33 (A) SCEIS ...... 3,200,000; 34 (B) Westminster Town Hall Renovations ...... 500,000; 35 (C) Third Army Water Line ...... 500,000; 36 (D) City of Conway Stormwater Filtration ...... 230,000; 1 PAGE 334 2 1 (E) Census Promotion & Participation ...... 1,000,000; 2 (F) Deferred Maintenance ...... 7,500,000; 3 (G) SC Health Information Data Systems ...... 10,000; 4 (H) Liberty Industrial Development ...... 200,000; 5 (I) Competitive Grants ...... 3,000,000; 6 (J) Department of Transportation Procurement Study ...... 250,000; 7 (58.1)(Deferred Maintenance) From the funds appropriated to the Budget and Control Board for deferred maintenance, 8$365,000 must be transferred to the Adjutant General’s Office, Emergency Preparedness Division, for the replacement and 9operation of the Emergency Communications Network. 10 (59) F30 - Employee Benefits 11 Other Post Employment Benefits (OPEB) Trust Fund ...... 16,079,104; 12 (60) X22 - Aid to Subdivisions - State Treasurer 13 Aid to Planning Districts ...... 110,000; 14 (61) SC Rural Infrastructure Authority 15 Grants & Loan Program ...... 10,000; 16 Unexpended funds appropriated pursuant to this provision may be carried forward to succeeding fiscal years and expended for 17the same purposes. 18 73.13. (SR: Excess Debt Service Funds Carry Forward) Of the Fiscal Year 2006-07 Excess Debt Service funds carried forward 19 by provision in Section 68, Debt Service, t he State Treasurer’s Office is directed to credit $5,895,419 to the General Fund in 20Fiscal Year 2007-08 to be used as a source to support appropriations. 21 73.14. (SR: Corrective Transfer to General Fund) The State Treasurer is directed to make the following corrective transfers to 22the general fund for the trust fund repayments made pursuant to proviso 73.14 of the FY 2006-07 Appropriation Act: D17- 23Governor’s Office-OEPP Subfund 4892 Legacy Trust Fund, $1,801; E16-State Treasurer’s Office Subfund 4843 Local Option 24Sales Tax, $163,568; and made pursuant to proviso 73.17 of the FY 2005-06 Appropriation Act, D17-Governor’s Office-OEPP 25Subfund 4649 USDA-TLP, $79,485. 26 73.15. (SR: Subfund 43A8 Transfer) The State Treasurer shall redirect the $596,616 transferred to Subfund 43A8 - Barnwell 27Economic Development Fund pursuant to proviso 73.14 of the FY 2006-07 Appropriation Act to the following entities: $200,000 28to the Edisto Research and Education Center and $396,616 to the Denmark Branch Library. 29 30 END OF PART IB 31 32 All acts or parts of acts inconsistent with any of the provisions of Parts IA or IB of this act are suspended for Fiscal Year 2007- 332008. 34 Except as otherwise specifically provided, this act takes effect immediately upon its approval by the Governor.

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