Section 1 - Department of Education (H63)

THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVESSECTION 1 - DEPARTMENT OF EDUCATION (H63)1.1 DELETE (Appropriation Transfer Prohibition) Directs that the funds for school districts and special projects/programs cannot be transferred to other line items. This proviso has been in the Appropriation Act since the late 1970s. WMC: DELETE proviso. Transfers must be approved by the Budget and Control Board so proviso is no longer needed. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT deletion.1.2 DELETE (Attendance/Lunch Supervisors) Specifies the manner in which funds for attendance and lunch supervisors will be distributed. WMC: DELETE proviso. This proviso is no longer needed. The directives in this proviso have been in the Appropriation Act since the late 1970s. After 20 years, the intent of the General Assembly is established and the allocation method is included in the funding manual. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT deletion.1.4 AMEND (EFA Formula/Base Student Cost Inflation Factor) States General Assembly intent to fully implement the Education Finance Act including an inflation factor projected by the Division of Budget and Analyses and to match the inflation wages of public school employees in the southeast; establishes formula funding guidelines: base student cost at $2,073 which includes a 3.04% inflation factor for the current fiscal year; directs that unallocated EFA FY 2000-01 funds must be used first to reimburse school district revenue lost due to certain assessments; and provides that remaining unallocated funds must be designated to districts for school building aid and/or for summer school. REQUEST: AMEND proviso to change the base student cost to from “$2,073” to “$2,133” and the inflation factor from “3.04%” to “2.9%” and to delete the portion that deals with unallocated EFA funds for FY 00-01 to reimburse districts for lost revenue. This will update the proviso for the current fiscal year based on current Budget and Control preliminary information and delete the portion no longer needed due to the cited two years duration. Fiscal Impact: $39,115,756 increase to General Fund. Due to insufficient FY 02-03 projected revenue, SDE requests funding remain at FY 01-02 level. Requested by Department of Education. WMC: AMEND proviso to change the base student cost to from “$2,073” to “$1,953” and the inflation factor from “3.04%” to “0%” and to delete the portion that deals with unallocated EFA funds for FY 00-01 to reimburse districts for lost revenue. Fiscal Impact: No impact to the General Fund. HOU: ADOPT proviso as amended.1.9 AMEND (Educational Responsibility/Foster Care) Sets responsibilities and guidelines for placement of disabled students in foster care, group home, orphanage, or state operated health care facility.PAGE 1 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVESWMC: AMEND proviso to change “handicapping” to “disabling.” To be consistent with terminology used in state and federal regulation. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT proviso as amended.1.12 AMEND (Revenue Authorization) Allows the department to collect and retain fees for certain services. WMC: AMEND proviso to delete last sentence, which requires any Department of Education fees related to licensure services, except for the $49 initial licensure, to be waived. The Department of Education does not have any licensure fees other than the $49 for initial licensure. This restriction is not needed. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT proviso as amended.1.14 DELETE (School Lunch Program Aid) Specifies the use of school lunch program funds. WMC: DELETE proviso. This proviso is no longer needed. It was added in the 1970s. After 20 years, the intent of the General Assembly is established and the allocation method and use of funds is included in the funding manual. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT deletion.1.21 AMEND (Praxis Waiver) For the Critical Need Teacher Certification Program, allows twelve months for individuals with content qualifications and work experience to earn a passing score on the required Praxis II specialty area examinations. Attendance at the preservice seminar is also waived for unavoidable circumstances. Identified teachers with the waiver(s) are entitled to compensation under the district’s teacher salary schedule. WMC: AMEND proviso to change “Critical Need Teacher Certification Program” to “Program from Alternative Certification for Educators (PACE)” and delete the pre-service institute attendance waiver. The Critical Need/PACE Guidelines adopted January 2001 provide for the entry into the seminar without the passing score on the Praxis II. Teachers who have extenuating circumstances are enrolled in the next available seminar without penalty. The amendment also conforms the title of the program to PACE. The support for the teacher will assist in developing the required skills for the teacher to be successful. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT proviso as amended.1.28 AMEND (Adult Education/Literacy) Requires the General Assembly to appropriate an amount equal to $175 per pupil for adult education and to adjust the amount annually by the percentage used to adjust the inflation factor for the base student cost. Requires that $150,000 of adult education funds must be used for rural literacy development pilot projects and that each county receive $50,000 for use by the school districts for adult literacy for service delivery to adult-nonreaders and those reading at or below the 8th grade level.PAGE 2 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVESHOU: AMEND proviso to direct that if there is an approved sole service provider that draws directly from the department for Life-Long-Learning, the Department of Education shall transfer the funds appropriated to the school district to that provider. Sponsor: Rep. Taylor. Fiscal Impact: No impact on the General Fund.1.29 AMEND (Teacher Recertification Technology Proficiency) Requires the department to approve teacher technology competency standards required by local school districts to assure the effective and efficient use of school technology funds. Such approval is a prerequisite for expenditure of district technology funds. WMC: AMEND proviso to clarify that the technology requirement is a local district requirement. The technology requirement is a district requirement linked to the district's technology plan and reported to the Office of Technology. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT proviso as amended.1.33 AMEND (PSAT/PLAN Reimbursement) Allows assessment funds to be used for reimbursement of PSAT and PLAN testing and reporting fees and to authorize these funds to be carried over to pay for scoring of the spring, 2001 PACT assessment. WMC: AMEND proviso to authorize the funds carried forward to be used to pay for state assessment activities including the scoring of the spring 2002 PACT assessment not completed by the end of the fiscal year. Funds are needed to pay for state assessment activities not completed by the end of the fiscal year. Fiscal Impact: No impact to the General Fund. Requested by Department of Education. HOU: ADOPT proviso as amended.1.34 DELETE (Teacher Quality) Specifies how funds for Teacher Quality state grants match are to be used and directs the Department working with the Center for Teacher Recruitment and CHE to develop the proposal. WMC: DELETE proviso. This proviso was requested in 1999 when the State was awarded the grant, but it is no longer needed because the proposal has been developed. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT deletion.1.36 AMEND (School Bus Driver CDL) Requires local school districts to request a criminal record history from SLED before the initial employment of a school bus driver or school bus aide. WMC: AMEND proviso to direct that the Department of Education and school districts be treated as a charitable organization for purposes of criminal records search fees. Reduces SLED’s fee for bus drivers and school bus aides. Fiscal Impact: BEA estimates a $34,000 reduction to the General Fund. Requested by Department of Education. HOU: ADOPT proviso as amended.1.38 AMEND (SAT Preparation) Directs the department to use SAT Preparation funds to review weaknesses of students on actual PSAT administrations and to providePAGE 3 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES assistance. Directs the department to encourage schools to emphasize SAT improvement by awarding the high school which earns the highest average gain in SAT scores a $50,000 bonus and by awarding each of the 10 schools with the next highest gain a $10,000 bonus. WMC: AMEND proviso to delete the bonus for SAT improvement. Due to recent budget cuts all funds are needed for basic programmatic activities. The department will establish guidelines to ensure that schools receiving cash awards have active SAT improvement programs that continue to encourage participation. Fiscal Impact: No impact on the General Fund. Deletion of the proviso will allow the department to retain $150,000 for basic program activities. Requested by the Department of Education. HOU: ADOPT proviso as amended.1.43 DELETE (Special Schools Oversight) Directs special schools and school districts, which receive appropriations to submit their prior year annual accountability report to the State Board of Education and the Education Oversight Committee (EOC) by October 1st of the current year and directs the board and the committee to jointly review each report. WMC: DELETE proviso. The report cards are addressed within the general EOC responsibilities. The accountability report is reviewed by the board for the particular school. Fiscal Impact: None. Requested by Education Oversight Committee. HOU: ADOPT deletion.1.45 AMEND (Specialists in Unsatisfactory Schools Teacher Specialists) Allows more than five teacher specialists to be funded in schools designated as impaired, below average, or unsatisfactory if recommended by the review team. Also allows teacher specialists for kindergarten and exempts retired educators hired as teacher or principal specialists from the earning limitations of the Retirement System. WMC: AMEND proviso to delete the reference to schools designated as impaired, below average, or unsatisfactory; delete language pertaining to combined grade groupings and to funding approval of more than five teacher specialists; allow the department to assign personnel to schools designated as unsatisfactory or below average according to school enrollment. Add principal leaders and curriculum specialists to those jobs which retired educators may be hired to fill. Reflect wording in the Education Accountability Act and fully list the specialist positions used for intervention and technical assistance in these schools. Enable the department to use the knowledge and expertise of retired educators working with the schools designated as unsatisfactory. Fiscal Impact: N/A. Requested by Education Oversight Committee. AMEND FURTHER to allow teacher specialists who have successfully completed 3 years of service to reapply for assignment. Allow unsatisfactory schools to receive a teacher specialist for a 4th year if they had previously received assistance under the Impaired School District Program and if the review team so recommends and the State Board of Education so approves. Allow teachers to reapply as teacher specialists after 3 years of service but without the guarantee of jobs in their previous district. Allow principal specialists to bePAGE 4 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES continued for a 3rd year if the requested by the school board, recommended by the external review team, and approved by the State Board of Education. Directs that for the 3rd year, only the principal specialist’s salary supplement will be paid for by the State. Fiscal Impact: No fiscal impact on the General Fund. HOU: AMEND proviso to direct the Education Oversight Committee and the Department of Education to examine base and supplementary compensation for teacher specialists and those fulfilling similar responsibilities in other states to determine if compensation should be adjusted to encourage teacher specialists to serve rural areas. Direct that recommendations should be provided to the General Assembly by December 31, 2002. Sponsors: Reps. Townsend and Govan. Fiscal Impact: No impact on the General Fund.1.46 AMEND (Retired Educator Specialist State of Emergency District) Allows retired educators to work as teacher or principal specialists in districts in which a state of emergency is declared. These retirees are not subject to the State Retirement System’s earnings limitations for two years. Allows the same administrator to be hired as a principal specialist in a state of emergency district for up to two years. WMC: AMEND proviso by adding “principal leaders or curriculum specialists” to the positions that retired educators may hold in unsatisfactory schools. Delete the two-year limitation on employment in these positions and increase from two to four the number of years that they may be hired as a principal specialist in a state of emergency district. The changes are needed to clarify and fully reflect the positions held by retired educators in intervention and assistance and to allow these highly trained and experienced individuals to be recruited and serve in the school designated as unsatisfactory. Section 59-18-1530 allows teacher specialists to serve for up to three years. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT proviso as amended.1.47 DELETE (Assessment of Students with Disabilities) Directs that students with an IEP but who do not meet the criteria for an alternative PACT assessment may be administered the PACT consistent with the instructional level as directed in the student’s IEP. WMC: DELETE proviso. This proviso is no longer needed since the directive is included in the assessment instructions given to the school districts. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT deletion.1.48 DELETE (Student Loan Program/Teaching Loans) Establishes teacher loan program repayments for loan recipients teaching in newly designated schools. Allows a teacher in alternative certification programs to be eligible for these loans. Establishes the Federal Perkins Loan definitions as the basis for critical geographical areas. Specifies the loan forgiveness rate and allows participants in the critical needs program to obtain funds for the cost of participation in that program.PAGE 5 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVESWMC: DELETE proviso. The directives are no longer necessary as they are in permanent law and in guidelines in the Teacher Loan Program. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT deletion.1.49 AMEND (Excellence in Middle School Initiative) Directs that Excellence in Middle Schools Initiative funds be used to increase the number of guidance counselors, school safety officers, and/or school nurses in middle/junior high schools and that the allocation be proportionately based on the number of middle/junior high schools in each district. WMC: AMEND proviso to change “increase” to “continue to fund.” The Excellence in Middle Schools Initiative proviso was first implemented during the 2000-01 school year. Funding was to be used to increase the number of appropriate personnel named in the proviso. Since funding has not been increased in the years following 00-01, the funding has been used to continue to fund those positions for the appropriate personnel named in the proviso rather than to increase the number of personnel each year. Amending the proviso would clarify the intent of the funding to school districts. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT proviso as amended.1.57 AMEND (EAA Summer School, Grades 3-8) Establishes the method of distribution of funds for summer school. Directs that PACT scores shall not be the sole criterion for probation or retention. Directs the Department of Education to develop or use tests for administration to students on probation who are required to attend summer school and specifies that this test will be a determinant in judging whether the student has the skills to succeed at the next grade level. Direct that a student failing the same PACT subject three times and failing the summer test will be retained. WMC: AMEND proviso to update school year; to delete PACT year references to 2001; to amend the directive regarding the end of summer school test to direct the department to use PACT-like tests aligned with standards; delete the requirement that the test be such that it can be graded by the districts at the end of summer school; delete requirement that a student failing the same PACT subject three times and failing the summer test will be retained; and delete the provision that parents or students may follow the district’s appeal process. Instruction in summer school should focus on a particular student’s academic difficulties and, therefore, instruction needs to be highly individualized. Because the end of summer school test would be a criterion in determining retention, the development and validation of these tests would be as time-consuming and expensive as a second set of PACT. The General Assembly has provided no funding for such a testing system and the Department of Education has no funds or the personnel to carry out the directive. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT proviso as amended.PAGE 6 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES1.59 DELETE (High Schools That Work/Critical Needs) Allocates FY 00-01 Career Changer Loan carryover funds to the High Schools That Work Program and the Critical Needs Program. WMC: DELETE proviso. There are no funds to carry over. The 2001-02 funds for career changers were depleted by the last week of June 2001. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT deletion.1.61 AMEND (Hold Harmless) Suspends Section 59-21-170 pertaining to the hold harmless funds for fringe benefit funding at the level appropriated for FY 1994-95. Added in 01-02. WMC: AMEND proviso to update the fiscal year reference. To keep the fiscal year current. Fiscal Impact: $0 since funds were not appropriated in FY 2001-02. Requested by Department of Education. HOU: ADOPT proviso as amended.1.64 DELETE (School Board Meetings) Directs that school districts with websites must post notices/agendas of school board meetings 24 hours in advance and must also post minutes of the meetings within 10 days of the next regularly scheduled board meeting. WMC: DELETE proviso. This proviso is no longer needed. The intent of the General Assembly has been established. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT deletion.1.65 AMEND (Critical Need Certification/Displaced Employees) Directs the Department to give priority in the Critical Needs Certification program to recruiting qualified State employees impacted by RIF actions of agencies and directs the Student Loan Corporation to give priority in the Career-Changer Loan program to qualified State employees. Directs the Department to work with the Office of Human Resources and the personnel offices of State agencies instituting RIFs to advertise and inform employees of the Critical Need Certification Program. WMC: AMEND proviso to change the requirement that the Department “work with” the Office of Human Resources and instead “provide information to.” While distribution of materials is possible, existing staff is inadequate to support working directly with Office of Human Resources and the personnel offices of State agencies instituting a reduction in force. Materials are readily available on the web site, at school district offices, the South Carolina Center for Teacher Recruitment and at the annual Teaching Expo. State employees who are impacted by a reduction in force are excellent sources of competent, caring teachers. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT proviso as amended.1.66 ADD (Proviso Allocations) WMC: ADD new proviso to allow the Department to reduce any allocation designated by proviso in Section 1 by up to 10%, but prohibitPAGE 7 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES the reduction of teacher salary allocations. Requested by Governor’s Office. HOU: ADOPT new proviso.1.67 ADD (School Districts and Special Schools Flexibility) WMC: ADD new proviso to authorize, for FY 02-03, school districts and special schools to transfer up to 20% of funds between programs to any instructional program with the same funding source; direct the department to establish a procedure for reviewing these transfers and to provide members of the General Assembly details on the transfers if so requested; authorize school districts and special schools to carry forward unexpended funds; require these transfers to be completed by May 1st; and authorize all school districts and special schools to spend Children’s Education Endowment Fund monies received for school facilities and fixed equipment assistance, for any instructional program. Fiscal Impact: No impact on the General Fund. HOU: ADOPT new proviso.1.68 ADD (Prohibit First Steps Advertising) WMC: ADD new proviso to prohibit any source of First Steps for School Readiness funds from being spent on advertising and require that funds allocated for advertising must be spent on reading readiness and preschool programs. Fiscal Impact: No impact on the General Fund. HOU: ADOPT new proviso.1.69 ADD (Alternative School Waiver Requirement) WMC: ADD new proviso to allow alternative schools to receive funding if they meet the standards to qualify for a waiver from the department for site requirements for the current fiscal year. Provides districts more time to meet the site requirement. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT new proviso.1.70 ADD (BCB EFA Transfer) HOU: ADD new proviso to direct the Budget and Control Board to transfer $48,000,000 to the General Fund during FY 02-03 from accounts within Section 63, except for the Retirement Division, and from within Section 63A to provide necessary funding for a portion of the EFA provided to the Department of Education in Section 1. Sponsors: Reps. J. E. Smith and Harrell. Fiscal Impact: No impact on the General Fund. $48 million transfer from the B&C Board to SDE.SECTION 1A - DEPARTMENT OF EDUCATION - EIA (H63)1A.1 AMEND (XI-Local Financial Support) Specifies that appropriated EIA funds do not require a local match and that the inflationary increase required for local financial effort for the current fiscal year is 3.04%. WMC: AMEND proviso to state that the required local financial effort for the current fiscal year is 0%. Updates the information for the current fiscal year. Fiscal Impact: None. HOU: ADOPT proviso as amended.PAGE 8 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES1A.6 DELETE (XI.A.1-Gifted & Talented/Jr. Academy of Science) Directs that $100,000 of Gifted and Talented funds must be provided to the Junior Academy of Science and requires the department to provide a report to the State Board of Education and the EOC on the effectiveness of the academy by October 1st. WMC: DELETE proviso. Budget cuts to the Gifted and Talented program at a time when the number of students are growing means these funds are needed to meet basic programmatic needs. Fiscal Impact: Deletes $100,000 funding for the Jr. Academy of Science and maintains the funds for the Gifted and Talented program. Requested by Department of Education. HOU: ADOPT deletion.1A.7 AMEND (XI.A.1 Services for Students with Disabilities) Directs that funds appropriated for Services for Students with Disabilities shall only be used for educational services for trainable mentally handicapped pupils and profoundly mentally handicapped pupils. HOU: AMEND proviso to change “handicapped” to “disabled.” Sponsor: Rep. Kirsh. Fiscal Impact: No impact on the General Fund. Technical. HOU: ADOPT proviso as amended.1A.9 AMEND (XI.A.4-Academic Assistance/Carry Forward) Provides for Academic Assistance funding to be carried forward. Requires the Department to report to the State Board of Education and to the EOC regarding the monitoring system for Act 135. WMC: AMEND proviso to delete the reporting requirement by the Department. The Office of School Quality requests the report on monitoring/data collection and evaluation be deleted from 1A.9 and be reported to EOC consistent with all the EIA Program Reports the Department submits to the EOC at the same time of year. This part of the proviso is a duplication of effort. Districts still need flexibility to provide continued support of programs. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT proviso as amended.1A.17 AMEND (Critical Teacher Needs Course Reimbursement/Teachers) Directs that EIA-Critical Teacher needs funds must be used for courses to support instructional techniques that meet the requirements and intent of Act 135, the 1993 Early Childhood Development and Academic Assistance Act, the Middle Schools Project, the Preparation for Technologies Program, the grade by grade academic achievement standards or need established by the school and district long range plans. Authorize school districts to collect a deposit from teachers enrolling in critical teaching needs courses but require that deposits be returned to teachers upon course completion. WMC: AMEND proviso to delete references to “Act 135, Middle Schools Project, Preparation for Technologies Program, the grade by grade academic achievement standards or need established in the school and district long range plans” and insert “professional development plans.” Pertaining to deposit requirements, delete reference to “critical teaching needs courses” and replace with “courses that supportPAGE 9 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES the areas identified above.” The funding is appropriated for teachers taking courses that support the identified areas. Reflects support of the development plans developed by the local districts. The clarification of the name of the proviso will help the Department of Education more accurately monitor the goals of the mission of the agency. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT proviso as amended.1A.19 DELETE (XI.A.1-School Technology) Directs that school technology funds are to be distributed to each school district based on a ratio of district free and reduced lunches for grades 1-3 to the state total free and free reduced lunches for grades 1- 3. WMC: DELETE proviso. Since there is no funding in EIA, proviso should be deleted. Fiscal Impact: $0. Requested by Department of Education. HOU: ADOPT deletion.1A.21 AMEND (XI.C.3-Teacher Salaries/SE Average) Projects the Southeastern average teacher salary to be $38,573 for FY 01-02 and states that it is the intent of the legislature to exceed this average by $593. Specifies what positions are to receive Teacher Salary Supplements. REQUEST: AMEND proviso to change “$38,573” to “$39,551.” The projected SE average for FY 02-03 of $39,551 is based on current information. Fiscal Impact: State and local estimated at $13,780,496. Requested by Department of Education. WMC: AMEND proviso to change “$38,573” to “$39,551”; state the intent to exceed the SE average by “$300” rather than “$593”; and further state that the General Assembly remains desirous of raising the average teacher salary in S.C. through incremental increases over the next few years to make the average teacher salary equivalent to the national average teacher salary. Fiscal Impact: $13,347,287 impact on the EIA. HOU: ADOPT proviso as amended.1A.23 AMEND (XI.A.1-Tech Prep) Designates that $75,000 of Tech Prep/School-to- Work funds be used for staff development for school-to-work activities and that $500,000 be used to hire career counseling specialists in each of the 16 Tech Prep consortia. Directs that the department provide a report in February 2001, to the Senate Finance and Ways and Means Committees on career counseling specialists’ accomplishments. Allow these funds to be carried forward for the same purpose. WMC: AMEND proviso to change “2001” to “of the current fiscal year.” To make this an ongoing reporting requirement. Fiscal Impact: None. HOU: ADOPT proviso as amended.1A.24 DELETE (XI.E.1-Principal Salary Supplements) Directs that principals salary supplements and associated employer contribution funds must be distributed to school districts based on ADM and directs school districts to distribute the funds asPAGE 10 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES salary supplements in addition to existing compensation equally among principals and assistant principals. WMC: DELETE proviso. This proviso has been included for a number of years to provide equality of funding and is now a part of the SDE Funding Manual and should be deleted. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT deletion.1A.25 DELETE (XI.A.4–Unsatisfactory Districts and Schools) Specifies that funds for unsatisfactory districts and schools are to provide grants to assist school districts and schools in correcting education deficiencies identified by State Board of Education criteria. Prohibits these funds from being used for school administration purposes. Authorizes prior year funds to be retained and expended by school districts and schools and used for the same purpose during the current fiscal year. The original purpose of this proviso was to provide districts with funds to improve educational deficiencies. WMC: DELETE proviso. Proviso 1A.57 (Technical Assistance) provides for flexibility in Section I XI.A.4 of the General Appropriations Act to support external review teams, homework centers, TOSO/principal specialists, principal leaders, curriculum specialists, and retraining grants. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT deletion.1A.26 AMEND (XI.E.3-Evaulation/EIA Programs) Designates funding for the annual assessment of EIA assessments, the Middle Grades Project, the Kingstree Elementary sixth grade middle grade reading, science and math and career exploration project, and the collaborative research projects of the S.C. Educational Policy Center and SDE. WMC: AMEND proviso to delete the Kingstree Elementary project. The department has no accountability over the project and needs the funds to support statewide programs. Fiscal Impact: Free up $25,000 to use for other EIA Evaluation programs. Requested by Department of Education. HOU: ADOPT proviso as amended.1A.27 AMEND (XI.F.3-CHE/Teacher Recruitment) Provides for the distribution of teacher recruitment funds. WMC: AMEND proviso to change the amount of funds distributed to the S.C. Center for Teacher Recruitment from $3,369,195 to $4,701,751 and increase the amount that must be used for Teaching Fellows Program from $1,813,500 to $3,146,056. Fiscal Impact: Additional EIA funds of $1,332,556. HOU: ADOPT proviso as amended.1A.29 DELETE (XI.F.3.- Student Loan Program/Teaching Loans) Establishes teacher loan program repayments for loan recipients teaching in newly designated schools. Allows a teacher in alternative certification programs to be eligible for these loans. Establishes the Federal Perkins Loan definitions as the basis for critical geographical areas. Specifies the loan forgiveness rate and allows participants inPAGE 11 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES the critical needs program to obtain funds for the cost of participation in that program. WMC: DELETE proviso. The directives are no longer necessary as they are in permanent law and in guidelines in the Teacher Loan Program. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT deletion.1A.30 AMEND (XL-Arts in Education) Directs that Arts Curricula funds be used to support arts education curriculum in visual and performing arts and to distribute these funds under a competitive grants program. WMC: AMEND proviso to authorize arts curricular grants funds to be retained and carried forward. Grants provide arts education funding for schools at up to $10,000 and $20,000 for districts. The ability to carry over these funds will allow schools and districts to use the grant-funded scholarships for teacher professional development institutes in July, instead of only being able to hold those courses during the month of June before the end of the fiscal year. The demand for quality professional development has grown to such an extent that it is almost impossible to meet teacher needs in the month of June. Fiscal Impact: This amendment will not require additional funds, it will only expand the professional development initiative. Requested by Department of Education. HOU: ADOPT proviso as amended.1A.31 DELETE (XI.A.1-Continuous Improvement/Innovation) Permits school districts to retain prior fiscal year Continuous Improvement/Innovation funds and expend these funds for the same purpose in the current fiscal year. WMC: DELETE proviso. The funding for this proviso was discontinued in FY 01-02. There will be no funds from FY 01-02 for expenditure in FY 02-03. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT deletion.1A.34 DELETE (XI-Problem Solving Skills) States that it is not the intent of the General Assembly that the instruction in higher order thinking skills promote New Age religion or any other religion, faith, or belief. WMC: DELETE proviso. Funding for higher order thinking was deleted three to five years ago. The proviso is non-germane. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT deletion.1A.36 AMEND (XI.C.3-National Board Certification Incentive) Provides guidelines for a $7,500 salary supplement to public school classroom teachers or classroom teachers who work classroom teachers who are certified by the State Board of Education and by the National Board for Professional Teaching Standards. HOU: AMEND proviso to direct that in calculating teacher specialists’ compensation, the department shall include state and local compensation as defined in Section 59-18-1530 to include local supplements except local supplements for National Board Certification. Direct that teacher specialists remain eligible forPAGE 12 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVESNational Board Certification state supplement. Sponsors: Reps. Townsend, Allison, and Walker. Fiscal Impact: No impact on the General Fund. 1A.39 DELETE (School Technology Fund Carry Forward) Authorizes K-12 school technology initiative funds to be retained and carried forward. WMC: DELETE proviso. There was no technology allocation made in the EIA budget, thus the proviso should be deleted. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT deletion.1A.41 AMEND (XI.C.4-Professional Development on Standards) Directs EIA funds to be used specifically on professional development for implementation of State Board approved curriculum standards with a focus on improving instruction, lesson plans, and classroom assessments. Directs that multi-day work sessions shall be provided during the summer, fall and winter using staff development days and teacher workdays. HOU: AMEND proviso to direct that two of the remaining professional development days be set aside specifically for the preparation and opening of schools. Sponsor: Rep. Harrell. Fiscal Impact: No impact on the General Fund.1A.42 AMEND (XI-Lapsed Funds and Revenue Shortfall) Directs how lapsed funds, including unexpended appropriated funds or revenue in excess of EIA Fund appropriations, in any prior or current fiscal year, must be used when an official EIA revenue shortfall is declared by the BEA. Directs that if a shortfall is declared, funds in XI.C.3 (EIA-Teacher Quality-Retention & Reward) are exempt from any reduction required to offset the shortfall. WMC: AMEND proviso to also exempt XI.F.3 (EIA-Partnerships-Other Agencies & Entities Allocations-Other Entities). Protects teacher salary supplement and fringe at the Special Schools in the same way that other teacher salaries are protected. All EIA funding is used for teacher salaries. A reduction would force the schools to let teachers go. Fiscal Impact: No impact on the General Fund. HOU: ADOPT proviso as amended.1A.43 AMEND (XI.C.3-Teacher Supplies) Authorizes all certified public school or special school classroom teachers, media specialists and guidance counselors employed by a school district as of August 30 of each school year, to received a reimbursement of $200 to offset the expenses they have incurred for teaching supplies and materials. WMC: AMEND proviso to change the date by which these individuals must be employed by the school district from August 30 to November 30. Direct that funds be disbursed by the department to school districts by July 15 based on the last reconciled Professional Certified Staff (PCS) listing from the previous year and to reconcile any difference between the PCS and actual teacher count by December 31 or as soon as practical. Require school districts to disburse the funds on the first day teachers are required to be in attendance at school. Direct that if the school district requires receipts for tax purposes they can’t be required before December 31; if a district doesn’t require receipts they may have the teachers retain thePAGE 13 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES receipts and certify that they have purchased or will purchase $200 worth of teaching supplies and/or materials. Direct that a district that requires receipts must notify any teacher who has not submitted their receipts between November 25 and December 6 that receipts must be submitted to the district. Require the department to withhold local school innovation funds from any district that is in non- compliance with this provision. Prohibit districts from retaining any funds not disbursed to teachers and require that these funds be returned to the department. Fiscal Impact: None. HOU: ADOPT proviso as amended.1A.44 DELETE (XI.A.4-Math Program) Allows the Department to use up to $50,000 of At-Risk (Impaired) funds for a math program in any impaired school district under review by the Department of Education. WMC: DELETE proviso. Funding for At-Risk (Impaired) was deleted in the 2002 budget. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT deletion.1A.47 AMEND (XI-Retired Educator Specialist State of Emergency District) Allows retired educators to work as teacher or principal specialists in districts in which a state of emergency is declared. These retirees are not subject to the State Retirement System’s earnings limitations for two years. Allows the same administrator to be hired as a principal specialist in a state of emergency district for up to two years. WMC: AMEND proviso by adding “principal leaders or curriculum specialists” to the positions that retired educators may hold in unsatisfactory schools. Delete the two-year limitation on employment in these positions and increase from two to four the number of years that they may be hired as a principal specialist in a state of emergency district. The changes are needed to clarify and fully reflect the positions held by retired educators in intervention and assistance and to allow these highly trained and experienced individuals to be recruited and serve in the school designated as unsatisfactory. Section 59-18-1530 allows teacher specialists to serve for up to three years. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT proviso as amended.1A.48 AMEND (Specialists in Unsatisfactory Schools Teacher Specialists) Allows more than five teacher specialists to be funded in schools designated as impaired, below average, or unsatisfactory if recommended by the review team. Also allows teacher specialists for kindergarten and exempts retired educators hired as teacher or principal specialists from the earning limitations of the Retirement System. WMC: AMEND proviso to delete the reference to schools designated as impaired, below average, or unsatisfactory; delete language pertaining to combined grade groupings and to funding approval of more than five teacher specialists; allow the department to assign personnel to schools designated as unsatisfactory or below average according to school enrollment. Add principal leaders and curriculum specialists to those jobs which retired educators may be hired to fill. ReflectPAGE 14 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES wording in the Education Accountability Act and fully list the specialist positions used for intervention and technical assistance in these schools. Enable the department to use the knowledge and expertise of retired educators working with the schools designated as unsatisfactory. Fiscal Impact: None. Requested by Education Oversight Committee. AMEND FURTHER to allow teacher specialists who have successfully completed 3 years of service to reapply for assignment. Allow unsatisfactory schools to receive a teacher specialist for a 4th year if they had previously received assistance under the Impaired School District Program and if the review team so recommends and the State Board of Education so approves. Allow teachers to reapply as teacher specialists after 3 years of service but without the guarantee of jobs in their previous district. Allow principal specialists to be continued for a 3rd year if the requested by the school board, recommended by the external review team, and approved by the State Board of Education. Directs that for the 3rd year, only the principal specialist’s salary supplement will be paid for by the State. Fiscal Impact: None. Allows for redistribution of existing teacher specialists. HOU: AMEND proviso to direct the Education Oversight Committee and the Department of Education to examine base and supplementary compensation for teacher specialists and those fulfilling similar responsibilities in other states to determine if compensation should be adjusted to encourage teacher specialists to serve rural areas. Direct that recommendations should be provided to the General Assembly by December 31, 2002. Sponsors: Reps. Townsend, Allison, & Walker. Fiscal Impact: No impact on the General Fund.1A.49 DELETE (XI Improvement Plans) Directs the State Board of Education to require school and district long-range improvement plans to include goals, objectives, and evaluation of parent involvement. WMC: DELETE proviso. This directive is contained in Section 59-28-130. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT deletion.1A.51 DELETE (XI-Parent Involvement Evaluations) Directs that the State Superintendent of Education monitor and conduct evaluations of parent involvement programs and practices. Report on programs and evaluation findings are to be provided to the General Assembly, State Board of Education, and Education Oversight Committee. WMC: DELETE proviso. All requirements are contained in Act 402, The Parental Involvement in Their Children’s Education Act (29-65-100). This Act was ratified by the General Assembly on June 22, 2000, and signed by the Governor on September 28, 2000. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT deletion.1A.54 AMEND (Professional Development) Provides for the development and dissemination of the S.C. Professional Development Standards, the establishment of an accountability system and requires training. Directs the department toPAGE 15 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES provide information to the State Board of Education and the Education Oversight Committee by January 1, 2002. HOU: AMEND proviso to delete the reference to “2002.” Sponsor: Rep. Kirsh. Fiscal Impact: No impact on the General Fund.1A.56 AMEND (Report Card Printing) Prohibits the Department of Education from printing the Annual School and District Report Card in a color other than black and white. Requires school districts to advertise the results of their schools’ report cards in an audited newspaper of general circulation in their geographic area. HOU: AMEND proviso to require school districts to advertise the results of their report cards within 45 days, however waives this requirement if the audited newspaper has previously published the entire report card results as a news item. Sponsor: Rep. Kirsh. Fiscal Impact: No impact on the General Fund. Potential savings to the agency.1A.57 AMEND (Technical Assistance) Allows schools to qualify for technical assistance at the beginning of the schools year, rather than waiting for the EAA report card rating in November. Permits the funding for the different types of assistance to be reallocated as needed and provides for assistance to be given on a tiered system with the lowest-performing schools to be given highest priority. Directs the Department to pilot a structured academic mentoring program in up to 30 schools for students who score below average on PACT and to report on the program to the State Board of Education and the Education Oversight Committee by January 12, 2002. WMC: AMEND proviso to delete portion of first sentence pertaining to authorization for schools to qualify for technical assistance. Delete last paragraph pertaining to the pilot program for academic mentoring. First sentence no longer needed now that the EAA report cards and the review cycle are implemented. Last paragraph no longer needed as the mentoring program was piloted. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT proviso as amended.1A.58 ADD (Proviso Allocations) WMC: ADD new proviso to allow the Department to reduce any allocation designated by proviso in Section 1A by up to 10%, but prohibit the reduction of teacher salary allocations. Requested by Governor’s Office. HOU: ADOPT new proviso.1A.59 ADD (School Districts and Special Schools Flexibility) WMC: ADD new proviso to authorize, for FY 02-03, school districts and special schools to transfer up to 20% of funds between programs to any instructional program with the same funding source; direct the department to establish a procedure for reviewing these transfers and to provide members of the General Assembly details on the transfers if so requested; authorize school districts and special schools to carry forward unexpended funds; require these transfers to be completed by May 1st; and authorize all school districts and special schools to spend Children’s EducationPAGE 16 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVESEndowment Fund monies received for school facilities and fixed equipment assistance, for any instructional program. Fiscal Impact: No impact on the General Fund. HOU: ADOPT new proviso.1A.60 AMEND NEW PROVISO (EAA Retraining Grants) WMC: ADD new proviso to authorize schools to retain retraining grant funds awarded during the prior fiscal year and to expend these funds during the current fiscal year for the same purpose. Retention of these funds would allow schools to have funds available for retraining activities at the beginning of the fiscal year. Fiscal Impact: None. Requested by Department of Education. HOU: AMEND new proviso to direct that Retraining Grants funds may be used for superintendents and school board members training. Sponsors: Reps. Townsend and Walker. Fiscal Impact: No impact on the General Fund. Redirects existing resources. Fiscal Impact: No impact on the General Fund, redirects existing resources.1A.61 ADD (School Improvement Council Assistance) WMC: ADD new proviso to direct the School Improvement Council Assistance to coordinate with the department to target schools and school districts designated as unsatisfactory. Require the department to coordinate with and monitor the services the School Improvement Council Assistance provided to schools and districts. Brings SICA in as a component of the support system for the Education Accountability Act in addition to the support of districts in which the Council is already involved. Fiscal Impact: No impact on the General Fund. HOU: ADOPT new proviso.SECTION 1AA - LOTTERY EXPENDITURE ACCOUNT (H66)1AA.1 AMEND NEW PROVISO (Education Lottery Account) WMC: ADD new proviso to establish expenditures for the Education Lottery Account in the amount of $194,200,000. HOU: AMEND new proviso to clarify Research Centers of Excellence Review Board duties and equalize LIFE Scholarships for students attending public and independent institutions. Sponsor: Rep. Harrell. AMEND FURTHER to allow participation in multi-state lottery games. Sponsors: Reps. Scarborough and Scott. AMEND FURTHER to include social studies in the programs to be implemented to enhance student achievement. Sponsors: Reps. Townsend and Walker. AMEND FURTHER to direct that funds appropriated for reading, math, social studies, and science, $500,000 must be used for teacher in-service training and professional development related to Project Read. Sponsors: Reps. Webb and Harrell. AMEND FURTHER to direct that 6 appropriately equipped school buses are to be purchased for the School for the Deaf and the Blind. Sponsor: Rep. Walker. AMEND FURTHER to direct that 2 new nineteen passenger activity buses shall be purchased for John de la Howe. AMEND FURTHER to direct that the $13.7 million to CHE for a College Technology Investment Marching Grant ProgramPAGE 17 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES must be divided equally between the four-year and two-year institutions to which it applies in the aggregate and the state’s technical and comprehensive educational system. Sponsor: Rep. Harrell. AMEND FURTHER to specify how the additional net proceeds realized from the multi-state lottery games will be appropriated. Sponsor: Rep. Koon. AMEND FURTHER to clarify $2 million allocation to Tuition Grants. Sponsor: Rep. Harrell. In summary, the appropriations for the House lottery provision are as follows: Kindergarten – Twelfth Grade: $24 million for the Education Accountability Act (includes funds for homework centers, retraining grants, external review teams, teacher specialists, principal specialists, and Palmetto Gold and Silver Awards), $36.5 million for K-5th grade reading, math, science and social studies programs, $35 million for school buses (includes 2 buses for John de la Howe and 6 buses for the School for the Deaf and Blind). For Higher Education: $45.5 million to expand the LIFE and Palmetto Fellows scholarship programs, $30 million to fund endowed chairs at the state’s research universities, $21.7 million to fund technology for higher education, $2 million for Tuition Grants, $1.5 million for National Guard scholarships. For other education: $18.5 million for ETV digitalization and $1.5 million public library aid.SECTION 3 - SCHOOL FOR THE DEAF AND THE BLIND (H74)3.3 AMEND (Admissions) Establishes guidelines for admission to the School for the Deaf and the Blind. HOU: AMEND proviso to change “multi-handicapped” to “multi-disabled” and “handicapped” to “disabled.” Sponsor: Rep. Kirsh. Fiscal Impact: No impact on the General Fund. Technical. HOU: ADOPT proviso as amended.SECTION 4 - JOHN DE LA HOWE SCHOOL (L12)4.1 AMEND (Status Offender Carry Forward) Authorizes unexpended EIA Status Offender funds to be carried forward and used for the same purpose. WMC: AMEND proviso to delete reference to EIA funds. Funds are now budgeted under General Funds. Fiscal Impact: None. Requested by John de la Howe School. HOU: ADOPT proviso as amended.SECTION 5A - COMMISSION ON HIGHER EDUCATION (H03)5A.1 DELETE (Contract for Services Program Fees) Requires the Commission to pay appropriated funds to the SREB as designated by the line item description. WMC: DELETE proviso. This proviso is not necessary, due to the designation as provided on the budget line item description. Therefore, this directive is redundant. Fiscal Impact: None. Requested by Commission on Higher Education. HOU: ADOPT deletion.PAGE 18 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES5A.2 AMEND (Grants for Programs in Other States) Requires CHE to make at least $25,000 available for grants to South Carolina residents attending out-of-state programs that meet certain requirements. WMC: AMEND proviso to direct that beginning with the Fall 2002 academic year, no awards will be made to students who have not previously received awards, but allow current award recipients to continue to receive awards if they meet eligibility requirements, until they have received the award for the maximum eight semesters. Funding has never been provided for this proviso. CHE has provided these grants from within its operating budget, but can no longer afford to do so. Fiscal Impact: None. Requested by Commission on Higher Education. HOU: ADOPT proviso as amended.5A.4 AMEND (Councils, Committees, Etc., Representation) Specifies that all four-year institutions shall have equal representation on all formal and informal committees of the commission. WMC: AMEND proviso to delete “senior college and university” and replace with “public institution of higher learning, as defined in Section 59-103-5.” Clarify the term senior college and university, which is undefined in S.C. statutues. Fiscal Impact: None. HOU: ADOPT proviso as amended.5A.5 AMEND (Access & Equity Programs) Designates the division of Access & Equity funds among S. C. State, Denmark Technical College and the remainder of the public higher education institutions. WMC: AMEND proviso to increase the amounts distributed: to S.C. State from $105,319 to $203,237; to Denmark Technical College from $26,309 to $50,769; and to the Access and Equity Program from $263,415 to $508,318. To reflect changes due to budget increases and reductions in past years. Fiscal Impact: None. Requested by Commission on Higher Education. HOU: ADOPT proviso as amended.5A.8 DELETE/MOVE (Penn Center) Directs that $200,000 shall be allocated to USC- Beaufort for the Penn Center Project. Prohibits these funds from being used for any other purpose or from being reduced due to budget reductions. WMC: DELETE proviso and MOVE to Section 5K. Deleting and subsequently adopting this proviso in Section 5K will match the $200,000 appropriation to the proviso in the same budget section. Fiscal Impact: None. HOU: ADOPT deletion.5A.10 DELETE (Greenville Higher Education Center Rent) Requires the Commission to pay $337,694 to Greenville Technical College for the Greenville Higher Education Center rent. WMC: DELETE proviso. This proviso is not necessary, due to the designation as provided on the budget line item description. This line and related expendituresPAGE 19 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES represent operating expenditures of the Greenville University Center. Fiscal Impact: None. Requested by Commission on Higher Education. HOU: ADOPT deletion.5A.11 AMEND (Allowable Tuition and Fees) Prohibits the use of state funds to provide undergraduate out-of-state subsidies to students attending state-support colleges and universities. Authorizes higher education institutions to raise tuition for FY 01- 02 a maximum of $125 per semester above the HEPI increase, but if an institution’s tuition and fees are below the state average this restriction does not apply. WMC: AMEND proviso to change “colleges and universities” to “public institutions of higher learning, as defined in Section 59-103-5”; limit the allowed tuition increase to the increase in HEPI; and direct that the state average tuition be calculated separately for research institutions and four-year universities, with MUSC being excluded because it is the only free-standing health science center in the state. Defines institutions and reflects current administrative process as developed by CHE and limits the allowable tuition increase to 4.8%. Fiscal Impact: None. HOU: ADOPT proviso as amended.5A.13 AMEND (American Loan Program) Designates the division of appropriated funds for the African-American Loan Program. WMC: AMEND proviso to change the amount of African-American Loan Program funds distributed to SC State from “$280,000” to “$227,280” and to Benedict College from “$100,000” to $81,172”. Rather than specifying that "$100,000 shall be" distributed to SC State to fund the 1890 Leadership Institute, direct that "Of the funds" distributed to SC State,"$100,000 shall be" for the purpose of funding the 1890 Leadership Institute. The modification of the funding amounts is due to the FY 01-02 mid-year budget reduction of 4%. The existing language provides some confusion when compared to the actual amount of funds provided. The proposed modification clearly describes the intended division and is consistent with the division of the previous years. Fiscal Impact: None. HOU: ADOPT proviso as amended.5A.14 AMEND (Scholarship and Grants Allocation) Designates the division of appropriated funds between the Need-Based Grants Program and the Palmetto Fellows Program. WMC: AMEND proviso to delete authority to reallocate excess funds between the two programs until the two programs are fully implemented in FY 01-02, after which an equal division is to be maintained. The implementation period for these programs has been completed. Therefore, the proviso language should be modified to reflect the current requirements. The proposed modification clearly describes the intended division and is consistent with the division of the previous years. Fiscal Impact: None. Requested by Commission on Higher Education. HOU: ADOPT proviso as amended.PAGE 20 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES5A.15 DELETE (Performance Funding) Requires that funds appropriated for education and general expenditures at public higher education institutions be used to implement the provisions of Act 359 of 1996. WMC: DELETE proviso. This proviso is not necessary, due to the designation as provided on the budget line item description and the otherwise existing requirements of the law. Act 359 of 1996 has been fully implemented by the Commission and the public institutions, therefore, this directive is redundant. Fiscal Impact: None. Requested by Commission on Higher Education. HOU: ADOPT deletion.5A.23 AMEND (Furlough) Permits agency heads of institutions of higher learning to impose mandatory furloughs up to a maximum of 20 working days when the General Assembly or the Budget and Control Board implements a mid-year budget reduction. WMC: AMEND proviso to direct the State Board for Technical and Comprehensive Education to establish policies and procedures for Technical College System participation in the mandatory furlough process. The Tech Board is responsible for human resource management of the Technical College System as a whole. Fiscal Impact: None. Requested by State Board for Technical and Comprehensive Education. HOU: ADOPT proviso as amended.5A.24 DELETE (Flexibility Reduction Exemption) Directs CHE to exempt all LIFE, Palmetto Fellows and Need Based scholarships, Greenville University Center bond appropriations and Southern Regional Education Board scholarships, fees and dues from the spread of the base reduction. WMC: DELETE proviso. This proviso related specifically to a base budget reduction included in the 2001-02 Appropriations Act, and therefore is not necessary for the 2002-03 appropriations consideration. Fiscal Impact: None. Requested by Commission on Higher Education. HOU: ADOPT deletion.5A.25 DELETE (Additional Carry Forward) Authorizes state-supported higher education institutions, including technical colleges, to carry forward without limit, unspent FY 2000-01 general fund appropriations. WMC: DELETE proviso. This proviso was included during the prior year for the first time in response to institutional requests. The circumstances were that institutions had implemented cost savings measures in anticipation of pending budget reductions. It was later learned that as a function of the accounting process utilized by colleges and universities (drawing down appropriations periodically through the year), carry forward funds are actually not an issue for colleges and universities. Therefore, this proviso is not needed. Fiscal Impact: None. Requested by Commission on Higher Education. HOU: ADOPT deletion.PAGE 21 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES5A.26 ADD (Unspent Scholarship Grants) WMC: ADD new proviso to direct that notwithstanding Section 59-143-10 {Children’s Education Endowment,} any unspent balance of the Higher Education Scholarship Grants share of the endowment, including interest and low-level radioactive waste tax revenue from the prior years’ collections, may be made available for Need-based Grants and Palmetto Fellows Scholarships during the current fiscal year. Fiscal Impact: Enactment of the proviso would allow the $3,763,766 in revenue from previous years collections to be allocated for these programs. HOU: ADOPT new proviso.5A.27 ADD (Mid-Year Reduction Exemption) WMC: ADD new proviso to exempt LIFE scholarships, Need-based Grants, and the Palmetto Fellows Scholarships from any mid-year budget reduction implemented by the General Assembly or the Budget and Control Board. Ensures that families and students receiving state scholarship funds will not be adversely affected by a mid-year budget reduction. Fiscal Impact: None. HOU: ADOPT new proviso.5A.28 ADD (Election Day Closings) WMC: ADD new proviso to direct that public institutions of higher learning are not required to close on general election day in November of each even-numbered year. Section 59-1-370 requires higher education institutions to close on general election day in November of even- numbered years, however election day is no longer a state holiday due the recent change to Section 53-5-10. Individual institutions that are polling places would determine whether the institution could accommodate being a polling place while open to students. Fiscal Impact: None. HOU: ADOPT new proviso.5A.29 ADD (Insurance Benefits) WMC: ADD new proviso to provide that any public or independent institution of higher learning that admits student that apply state scholarship funds toward their tuition may provide insurance benefits only to eligible employees, lawful spouse, and dependent children. This proviso treats all institutions of higher learning receiving state funds uniformly in respect to their ability to offer insurance benefits to employees and their lawful spouses and dependents. Fiscal Impact: None. HOU: ADOPT new proviso.5A.30 ADD (Performance Improvement Pool Allocation) WMC: ADD new proviso to direct CHE to use Performance Funding to allocate: $2,000,000 to the EPSCoR program to improve SC’s research capabilities; $500,000 to SC State University to match Transportation Center funds; and $500,000 SC State University to support School of Business management education programs. Fiscal Impact: No impact on the General Fund. HOU: ADOPT new proviso.PAGE 22 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES5A.31 ADD (Gifted Student Scholarship Criteria) HOU: ADD new proviso to require the Commission on Higher Education to define alternative Palmetto Fellows Scholarship qualification criteria for an exceptionally gifted student who is a resident of South Carolina and who is accepted into an institution of higher learning without having attended or graduated from high school. Sponsor: Rep. Perry.SECTION 5B - HIGHER EDUCATION TUITION GRANTS COMMISSION (H06)5B.1 ADD (Tuition Grants) WMC: ADD new proviso to exempt Tuition Grants funds from mid-year reductions. Requested by Governor’s Office. HOU: ADOPT new proviso.SECTION 5J - SOUTH CAROLINA STATE UNIVERSITY (H24)5J.1 AMEND (Study Committee) Creates a study committee to assess the sustainable needs of S.C. State University and requires a report to be provided to the General Assembly by January 2, 2002, after which the committee will be dissolved. WMC: AMEND proviso to change the date by which the report must be submitted from January 2, 2002, to 2003. The committee has not completed work and requests additional time to complete the report. Fiscal Impact: None. HOU: ADOPT proviso as amended.SECTION 5K - UNIVERSITY OF SOUTH CAROLINA (H27)5K.2 DELETE (Confederate Relic Room Rent) Authorizes USC to charge the Confederate Relic Room rent for the use of space occupied as of June 30, 1992, in accordance with B&C Board established procedures. WMC: DELETE proviso. Proviso is no longer necessary. Fiscal Impact: None. Requested by USC. HOU: ADOPT deletion.5K.5 ADD MOVED PROVISO (Beaufort Campus - Penn Center) WMC: ADD moved proviso to prohibit the $200,000 appropriated to USC-Beaufort for the Penn Center Project from being used for any other purpose. Moved from 5A.8. This proviso has been under CHE in past year’s Appropriation Acts. Adding this proviso under Section 5K will match the $200,000 appropriation to the proviso in the same budget section. Fiscal Impact: None. HOU: ADOPT moved proviso.SECTION 5M - MEDICAL UNIVERSITY OF SOUTH CAROLINA (H51)5M.2 DELETE (Diabetes Center of Excellence) Directs that $396,000 of MUSC funds be used for a Diabetes Center of Excellence. WMC: DELETE proviso. This proviso is not necessary, due to the designation as provided on the budget line item description. This line and related expendituresPAGE 23 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES represent operating expenditures by MUSC for the Diabetes Center of Excellence. Fiscal Impact: None. HOU: ADOPT deletion.5M.4 DELETE (Melanoma Awareness) Directs that $20,000 of MUSC funds be used for melanoma awareness public service announcements across the state. WMC: DELETE proviso. Proviso applicable to prior fiscal year only. Fiscal Impact : None. Requested by MUSC. HOU: ADOPT deletion.5M.5 ADD (Alzheimer’s Research) WMC: ADD new proviso to direct MUSC to use $10,000 of their appropriated funds for Alzheimer’s research. To encourage MUSC’s current Alzheimer’s Research and Clinical program. Fiscal Impact: No impact on the General Fund. HOU: ADOPT new proviso.SECTION 5N - ST. BD. FOR TECHNICAL & COMPREHENSIVE EDUCATION (H59)5N.1 DELETE (Real Property Acquisition) Requires approval of the State Board for Technical & Comprehensive Education, the State Budget & Control Board and Joint Bond Review Committee prior to acquisition of property by a local area commission. WMC: DELETE proviso. The approval requirements are addressed by other statutes that were adopted after the proviso was created. Other governing Sections of the SC Code of Laws include 2-47-30(1), 2-47-40, 2-47-50, 11-35-310(27), 59- 53-50(7), 59-53-152, and 59-103-110. Deletion eliminates redundant legislation. Fiscal Impact: None. Requested by State Board for Technical & Comprehensive Education. HOU: ADOPT deletion.5N.6 DELETE (Professionally Licensed Training) Prohibits use of state funds to offer cosmetology training courses in any county where there are two or more public or privately funded schools offering such training. WMC: DELETE proviso. This proviso limits access for South Carolina citizens to low-cost, quality cosmetology training options available through the technical college system. The deletion of the proviso will allow technical colleges to offer cosmetology training. Fiscal Impact: None. Requested by State Board for Technical and Comprehensive Education. HOU: ADOPT deletionSECTION 7 - DEPARTMENT OF VOCATIONAL REHABILITATION (H73)7.1 AMEND (Production Contracts Revenue) Authorizes the department to retain all production contracts revenue earned by the handicapped trainees of the Evaluation and Training Facilities, to use the funds in the facilities for Client Wages and otherPAGE 24 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES production costs, to use any excess funds for operating expenses and/or permanent improvements. HOU: AMEND proviso to require the department to transfer $900,000 to the General Fund during the current fiscal year. Sponsor: Rep. Rice. Fiscal Impact: $900,000 increase to general fund revenue for FY 02-03.7.7 AMEND (Client Services) Directs Voc Rehab and the Commission for the Blind to work together to identify opportunities to better coordinate and refer eligible clients to services available from either agency and to submit a joint progress report to the Chairmen of the Ways and Means and Senate Finance Committees by December 2001. HOU: AMEND proviso to change “2001” to “2002.” Sponsor: Rep. Rice. Fiscal Impact: No impact on the General Fund.7.8 DELETE MOVED PROVISO (Blind-Matching Federal Funds) WMC: ADD moved proviso to direct that for the current fiscal year the funds appropriated for Rehabilitative Services are conditioned on matching federal funds to the maximum amount available under the Federal Vocational Rehabilitation Program. Moved from Commission for the Blind proviso 14.1. Fiscal Impact: None. HOU: DELETE moved proviso. Commission for the Blind was moved back as a separate agency. See proviso 14.1. Sponsors: Reps. Quinn and Rice. Fiscal Impact: No impact on the General Fund.7.9 DELETE MOVED PROVISO (Blind-Braille Production and Telecommunications Revenue) WMC: ADD moved proviso to allow funds derived from Braille production and the provision of services by clients of the Adult Adjustment and Training Center to be retained by the commission and used in the facility for production costs. Moved from Commission for the Blind proviso 14.2. Fiscal Impact: None. HOU: DELETE moved proviso. Commission for the Blind was moved back as a separate agency. See proviso 14.2. Sponsors: Reps. Quinn and Rice. Fiscal Impact: No impact on the General Fund.7.10 DELETE MOVED PROVISO (Blind-Use of Funds) WMC: ADD moved proviso to authorize the commission to use unrestricted funds donated to the agency and any surplus state appropriations to clear old negative grant balances that have been reflected in its accounts prior to 1991. Moved from Commission for the Blind proviso 14.4. Fiscal Impact: None. HOU: DELETE moved proviso. Commission for the Blind was moved back as a separate agency. See proviso 14.4. Sponsors: Reps. Quinn and Rice. Fiscal Impact: No impact on the General Fund.7.11 DELETE MOVED PROVISO (Blind-USC Spartanburg Visual Impairment Master of Education Program) WMC: ADD moved proviso to direct the Commission for the Blind to use $50,000 to fund the Master of Education ProgramPAGE 25 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES in Visual Impairment at USC-Spartanburg. Moved from Commission for the Blind proviso 14.5. Fiscal Impact: None. HOU: DELETE moved proviso. Commission for the Blind was moved back as a separate agency. See proviso 14.5. Sponsors: Reps. Quinn and Rice. Fiscal Impact: No impact on the General Fund.7.12 ADD (Comm. for the Blind Administrative Functions) HOU: ADD new proviso to require that funds be appropriated to the Department of Vocational Rehabilitation for carrying out certain Commission for the Blind administrative functions and require the commission to provide Voc Rehab with the information necessary to carry out the administrative functions. Sponsor: Rep. Rice. Fiscal Impact: By line item changes, Voc. Rehab. receives about 80% of administrative program appropriations from the Blind Commission’s appropriations in this act. Employees associated with the 80% funding will work for Voc. Rehab. and support administrative activities of the Blind Commission.SECTION 8 - DEPARTMENT OF HEALTH AND HUMAN SERVICES (J02)8.12 DELETE (Child Care and Development Block Grant) Directs that appropriated funds be used as matching funds to support the new Child Care and Development Block Grant and to use these funds for welfare reform. WMC: DELETE proviso. Deleting the proviso gives the agency more flexibility in leveraging financial resources for maximum efficiency and impact, consistent with the Governor’s Executive Order 2001-23. The Executive Order designates DHHS as the lead agency to coordinate all child care expenditures and programs to increase the efficiency and impact of these resources. Fiscal Impact: None. Requested by Dept. of Health and Human Services. HOU: ADOPT deletion.8.18 DELETE (Working Disabled) Directs that Medicaid services be provided to working disabled individuals. WMC: DELETE proviso. The action required by the proviso has already been completed, therefore it is no longer necessary. A state plan amendment has been submitted, approved, and the program has been implemented. Fiscal Impact: None. Requested by Dept. of Health and Human Services. HOU: ADOPT deletion.8.20 DELETE (Long Term Care System) Directs the agency to develop a system, which provides a continuum of long term care services for the elderly and their families. WMC: DELETE proviso. The Senior Access program has been developed and the agency is moving forward with statewide implementation. The proviso is no longer necessary. Fiscal Impact: None. Requested by Dept. of Health and Human Services. HOU: ADOPT deletion.PAGE 26 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES8.29 AMEND (Medicaid Growth) Directs the agency to initiate a study with other state agencies to examine ways to slow down growth in the Medicaid program and to submit a report by the beginning of the 2002 Legislative Session. WMC: AMEND proviso to require the study report be submitted by the beginning of the 2003 Legislative Session. Continue the required report for another year. Fiscal Impact: None. HOU: ADOPT proviso as amended.8.31 DELETE (Hospital Payments) Directs the agency to develop in the current fiscal year, a fairer reimbursement to hospitals. WMC: DELETE proviso. A hospital rate increase was implemented in State Fiscal Year 2002. This proviso is no longer necessary because the required action has been taken, effective October 1, 2001. Fiscal Impact: None. Requested by Dept. of Health and Human Services. HOU: ADOPT deletion.8.32 DELETE (Increased Revenues and Cost Recoveries) Directs the department to withhold and retain up to $53,505,063 from positive Medicaid cost settlements due state agencies from previous programmatic activities and to withhold and retain up to $56,494,937 in increased revenue earned by state agencies and school districts through 6/30/02 resulting from rate changes and/or activation of Medicaid payment for new services and/or through increased Medicaid utilization and/or generated through Medicaid pharmacy program limitations. Limits the total amount retained by the department through these mechanisms to $110,000,000. Directs that $1,500,000 of the funds retained be used towards nursing homes cost of living adjustments. Directs state agencies and school districts to aggressively pursue the delivery of Medicaid services and earnings related to Medicaid reimbursement. Directs the department and school districts to aggressively implement an administrative claiming program and transportation services under the Medicaid program. WMC: DELETE proviso. Fiscal Impact: No impact on the General Fund. HOU: ADOPT deletion.8.34 AMEND (Provider Reimbursement Rate Report) Direct the department, in conjunction with the B&C Board Office of Research and Statistics, to prepare a report comparing Medicaid providers reimbursement rate to the Medicare Program reimbursement rate and the State Health Plan and to submit the report to the Governor and the Chairmen of the Senate Finance and Ways and Means Committees by January 31, 2002. HOU: AMEND proviso to change “2002” to “each year.” Sponsor: Rep. Kirsh. Fiscal Impact: No impact on the General Fund.8.35 ADD (Medicaid Eligibility Transfer) WMC: ADD new proviso to authorize the Department of Health and Human Services to determine the eligibility of South Carolina Medicaid Program applicants. Transfer DSS staff that performs this function full-time, as well as DSS staff identified by agreement of DSS and DHHSPAGE 27 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES that performs this function, to the Department of Health and Human Services. Direct the county to continue to provide office space and facility service for this function as they do for DSS functions under Section 43-3-65. Transfers Medicaid eligibility functions and staff from DSS to DHHS. Fiscal Impact: No impact on the General Fund. Requested by Department of Health and Human Services. HOU: ADOPT new proviso.8.36 ADD (Psychological Services for Children) WMC: ADD new proviso to authorize the Department of Health and Human Services to suspend restrictions placed on reimbursements for counseling and mental health programs resulting from the Medicaid Bulletin issued on October 31, 2001 and further clarified on November 30,2001. Fiscal Impact: No impact on the General Fund. Cost to the agency of $726,321 in State matching funds per year. HOU: ADOPT new proviso.8.37 AMEND NEW PROVISO (Medicaid Balanced Budget) WMC: ADD new proviso to direct the department to take certain balance budget initiatives which include: School Districts ($20,000,000) - by requiring the department to withhold and retain up to $20 million in increased revenue earned by school districts in the prior fiscal year and through 6/30/03 resulting from rate changes and/or activation of Medicaid payment for new services; Medicaid Coverage Waiver ($28,000,000) - by requiring the department to submit an application for a Medicaid waiver to increase the agency’s flexibility in administering the Medicaid program and to lower the over all annual cost of the Medicaid program by at least $28 million in state matching funds; Improved Cost Containment by More Stringent Eligibility Enforcement ($20,000,000) - by requiring the department to begin a program to tighten the eligibility process to contain the number of ineligible recipients in the program; Optional Eligibility Thresholds - by requiring the department to first reduce costs to the program in specific areas if additional state funding is needed to maintain the current level of services; and Prescription Plan Options - by allowing the department to reduce the per month prescription limit from 4 to 3 and/or eliminate prescription over-rides to the extent necessary to balance the Medicaid budget during the fiscal year and only up to a maximum of $22 million during the fiscal year. Fiscal Impact: Authorizes and/or requires agency to generate funds and reduce operating costs up to a total of $90 million. HOU: AMEND new proviso to delete directive that the department take certain balance budget initiatives and instead direct the department to take specific initiatives. Delete specific reference to $28,000,000 associated with the Medicaid Coverage Waiver, direct that the waiver is to increase the agency’s “discretion” rather than “flexibility” in administering the Medicaid program and include the use of premiums, deductibles, and co-pays by persons earning more than $30,000. Delete directive that the department must explore giving new coverage groups access only to public health centers as a manner to lower Medicaid program expenses. Delete $20,000,000 Improved Cost Containment by More Stringent Eligibility Enforcement. Direct the department to improve the accuracy and integrity of the eligibility determination program with Eligibility DeterminationPAGE 28 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVESIntegrity Measures. Amend the following eligibility determination measures: add “or legal alien status” to item (3), and exempt the elderly and persons with handicapping conditions from the face to face re-application requirement in item (4). Add the following measures: (5) require the application be signed to attest to the accuracy of the information and provide for consent for eligibility search; (6) termination of enrollees who have provided false information; and (7) an annual report to the General Assembly on the implementation of the eligibility measures. Delete Optional Eligibility Thresholds. Delete Prescription Plan Options, including reduction of prescription from four to three per month and elimination of prescription over-rides. Direct the department to develop, publish and implement a plan to improve the eligibility determination process by October 30,2002 and specify what the plan must address. Fiscal Impact: Authorizes the agency to access school district funds up to $20 million and to generate funds and reduce operating costs up to $48 million.8.38 ADD (Silver Card Plus Program) WMC: ADD new proviso to create the Silver Card Plus program within the department and direct the department to submit a request for a Federal waiver for the program. Direct that the program must provide financial assistance for purchasing prescription drugs for seniors who are ineligible for or do not have insurance for these purchases. Fiscal Impact: $23,200,000 funded from Other funds transferred from the Budget and Control Board which administered the program during FY 01-02 and with the waiver will match $56.8 million in Federal funds. HOU: ADOPT new proviso.8.39 ADD (Prescription Reimbursement Payment Methodology) WMC: ADD new proviso to suspend effective with reimbursements paid for Medicaid prescriptions filled on and after July 1, 2002, the $2.05 reduction in the prescription reimbursement payment methodology provided in Item II of Medicaid Bulletin Pharm 01-06 published by the Department of Health and Human Services on 11/7/01. Fiscal Impact: $4,360,965 in State matching funds per year. HOU: ADOPT new proviso.8.40 AMEND NEW PROVISO (Franchise Fee Suspension) WMC: ADD new proviso to suspend, effective July 1, 2002, franchise fees imposed on nursing home beds and enacted by the General Assembly during the 2002 session, until the Department of Health and Human Services is authorized to exempt non-profit nursing home beds from this fee. Fiscal Impact: The BEA estimates that this would reduce fees collected by the Department of Revenue, remitted to the State Treasurer, and credited to HHS by an estimated $26,100,000 in FY 02-03. HOU: AMEND new proviso to also exempt non-Medicaid nursing home beds from the franchise fee. Sponsor: Rep. Lourie. Fiscal Impact: House version provides a total of $15 million in Tobacco appropriations for Medicaid Nursing Homes to offset the loss of the franchise fee that is repealed in proviso 72.96. In addition, proviso 72.96 provides for reimbursement for non-Medicaid facilities or residents in those facilities that have already paid the franchise fee.PAGE 29 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVESSECTION 9 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (J04)9.26 AMEND (Permit Application) Requires permit application fees collected pursuant to Section 48-39-145 (Application fee for permit to alter critical area; special provision as to construction of marinas and commercial dock facilities) to be retained and used to establish the Coastal Resources Access Fund. Requires that matching grants from the fund be made on a 50/50 basis to local governments in the SC Coastal Zone for projects that enhance the public’s use and enjoyment of coastal resources. WMC: AMEND proviso to allow the funds to be used to offset the administrative costs of the permitting program. Recent budget cuts and increasing costs to administer the program require the agency to use a part of the fees collected to offset program costs. Fiscal Impact: No impact on the General Fund. Requested by DHEC. HOU: ADOPT proviso as amended.9.32 DELETE (Colonial Pipeline Settlement) Provides for mitigation of the Reedy River oil spill and submittal of excess funds to the Mitigation Trust Fund. WMC: DELETE proviso. The project is complete. Fiscal Impact: None. Requested by DHEC. HOU: ADOPT deletion.9.33 DELETE (Nursing Home Compliance Notification) Requires the department, every six months, to notify the nursing homes that are out of compliance with their Medicaid Nursing Home Permit. Directs that this notification does not relieve the nursing home of its compliance responsibility. WMC: DELETE proviso. Information is not received in a manner timely enough for adjustments in utilization to be made. Fiscal Impact: None. Requested by DHEC. HOU: ADOPT deletion.9.35 DELETE (Coastal Management) Authorizes the department to allocate up to $250,000 of carry forward funds to the Office of Ocean and Coastal Resource Management to be used for storm water permitting and regulation. WMC: DELETE proviso. This was intended for one year only. Fiscal Impact: None. Requested by DHEC. HOU: ADOPT deletion.9.37 DELETE (Transfer $4 million to General Fund) Directs the Department, for FY 01-02, to transfer $4 million to the General Fund from the funds authorized under the Environmental Fee Fund, the Waste Tire Fund, and the Petroleum Fund. Restrictions concerning the use of these funds are lifted for the current fiscal year. WMC: DELETE proviso. Intended for one year only. Fiscal Impact: None. Requested by DHEC. HOU: ADOPT deletion.PAGE 30 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES9.41 AMEND (Health Disparities Study) Directs DHEC to prepare a state health improvement plan with specific goals similar to the national Healthy People 2010 goals and which targets health disparities among the State’s minority population. Directs the plan to address specific disease areas and to include recommendations for addressing coordination of services, elimination of duplication and coordination of federal and state funding. Directs the plan to be submitted to the Governor and the Chairmen of the Senate Finance, House Ways and Means, Senate Medical Affairs and House Medical, Military, Public and Municipal Affairs Committees by June 30, 2002. WMC: AMEND proviso to delete the requirement that DHEC prepare a state health improvement plan and instead direct DHEC to provide leadership in implementing the plan. Fiscal Impact: None. Requested by DHEC. HOU: AMEND proviso to state what areas the plan “will” address rather than the areas the plan “should address and to direct that DHEC will “provide leadership in” rather than “ensure” the coordination of services, elimination of duplications and coordination of federal and state funding. Sponsor: Rep. Quinn. Fiscal Impact: No impact on the General Fund.9.42 AMEND (Use of Radiological Fees) Authorizes DHEC to retain up to $310,000 of the funds generated above the funds remitted to the General Fund in FY 00-01 from increases in radiological fees. WMC: AMEND proviso to authorize DHEC to retain all of the funds generated above the funds remitted to the General Fund in FY 00-01 and specify that the funds are from the fees listed in regulation R61-64 Title B (X-Rays). The Atomic Energy and Radiation Control Act (Section 13-7-85) requires fees for the regulation of sources of radiation to be sufficient to cover the operating costs of the program. These fees were established to comply with that statute. Fiscal Impact: No additional impact on any source of funding other than removing the cap should fee collection exceed that level through an increase in the number of registrants. Requested by DHEC. HOU: ADOPT proviso as amended.9.44 AMEND (Catawba River Study) Provides for the department to talk with North Carolina officials about Catawba River issues. Pending study results, prohibits the department from issuing a permit to site a new wastewater treatment plant that will discharge into the Catawba River, until June 30, 2002 or until the final study is published. WMC: AMEND proviso to change “2002” to “2003.” Fiscal Impact: No impact on the General Fund. HOU: ADOPT proviso as amended.9.45 ADD (Administrative Fee - Alter Critical Area Application) WMC: ADD new proviso to direct that the administrative fee authorized by Section 48-39-145 associated with the application for a permit for alteration of a critical area as defined by Section 48-39-10, shall be $250 for non-commercial activities. Authorize the department, after complying with the Administrative Procedures Act,PAGE 31 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES to raise or lower the fee by regulation. Authorize the administrative fee to be waived if the applicant is unable to pay, submits a notarized affidavit to such effect, and the department determines that a hardship exists. Critical areas include coastal waters, tidelands, beaches, and a beach dune system. Fiscal Impact: Increases the administrative fee from $51 to $250. Requested by DHEC. HOU: ADOPT new proviso.9.46 ADD (Use of Funds) WMC: ADD new proviso to authorize the department to transfer up to $4,000,000 of funds from the Hazardous Waste Fund, the Waste Tire Fund and the Petroleum Fund to the agency’s general operating budget during the current fiscal year and state that any restrictions on the specific use of these funds are lifted for the current fiscal year. Fiscal Impact: No impact on the General Fund. Authorize the use of $4,000,000 from specified Funds. HOU: ADOPT new proviso.9.47 ADD (Shift Increased Funds) WMC: ADD new proviso to authorize the Director to shift increased appropriations to offset shortfalls in other critical program areas. Fiscal Impact: No impact on the General Fund. HOU: ADOPT new proviso.9.48 ADD (Joint Committee on Hazardous and Solid Waste) HOU: ADD new proviso to establish the Joint Committee on Hazardous and Solid Waste composed of 7 members: 3 Senators appointed by the Chairman of the Senate Finance Committee, 3 Representatives appointed by the Chairman of the Ways and Means Committee, and the Commissioner of DHEC or his designee. Require the committee to examine the Waste Tire Program, the Waste Oil Program and the Solid Waste Program and submit a report to the General Assembly and the Governor before the beginning of the 2003 Legislative Session on an evaluation of the effectiveness of and recommended improvements to these hazardous and solid waste programs and their funding. Sponsor: Rep. Rice. Fiscal Impact: No impact on the General Fund. Expenses of study committee are to be paid by the House and Senate. Costs, if any, are estimated to be minimal.9.49 ADD (Medicaid Waiver Start-Up) HOU: ADD new proviso to direct that up to $1.2 million of the $2 million appropriated to the department for Medicaid Waiver Start-up must be used to improve the quality of care and the equity of funding for nursing homes. Sponsors: Reps. Quinn and Rice. Fiscal Impact: Earmarks $1.2 million of the recurring $2 million appropriated in FY 02-03 for Medicaid Waiver Start-up.SECTION 10 - DEPARTMENT OF MENTAL HEALTH (J12)10.3 AMEND (Patient Fee Account) Designates specific items to be funded from the Patient Fee Account. WMC: AMEND proviso to direct that $15,000 is to be provided for the Children’s Advocacy Center of Spartanburg. The Spartanburg Area Mental Health Center isPAGE 32 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES canceling their contract with the Children’s Advocacy Center (CAC), which provides forensic assessments and counseling to child victims of sexual abuse. The CAC was paying Mental Health $15,000 to fund one full-time counselor on-site at the CAC. $15,000 is needed to continue providing these services to children. AMEND FURTHER to require the Continuum of Care, Palmetto Pathways, New Day Clubhouse, the Children’s Advocacy Center of Spartanburg and the Campbell Nursing Home to provide an itemized budget before the receipt of funds and quarterly financial statements to the Department of Mental Health the same as the South Carolina Alliance for the Mentally Ill and the S.C. Self-Help Association Regarding Emotions provides. Fiscal Impact: $15,000 of Other funds from the Patient Fee Account. HOU: ADOPT proviso as amended.10.9 AMEND (Project COPE Models) Require the department to establish two new programs modeled after Project COPE for family assistance, education and additional respite services for Alzheimers clients using $195,000 of the $390,000 increased appropriations provided in FY 2000 for each program. HOU: AMEND proviso to direct that for the current fiscal year the department must provide at least as much funding for Alzheimers programs as was provided in the prior fiscal year. Sponsor: Rep. Quinn. Fiscal Impact: No impact on the General Fund.SECTION 11 - DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS (J16)11.2 AMEND (Sale of Excess Real Property) Allows DDSN to use the proceeds from the sale of real property no longer needed to purchase land and to construct community residences for persons with mental retardation. WMC: AMEND proviso to allow the Department to use these proceeds "as grants" to purchase or build community residences and "day program facilities for the individuals DDSN serves" rather than to "purchase land and construct community residences to serve the mentally retarded." The current proviso language is outdated due to the fact that the department no longer builds the local community- based residences. These residences are now purchased or constructed with grants to the local county boards from DDSN operating funds. DDSN would also like to include day program facilities due to the need for these buildings in the local communities. Due to recent budget reductions, operating funds for this use are limited. Using the funds from the Sale of Excess Real Property will provide a funding source for community development as was the plan with the current proviso; however, the difference is that the buildings can be purchased by the local boards rather than DDSN building them. Fiscal Impact: No impact to the General Fund. DDSN will be able to fund the local community need for these buildings and residences with the language change. Requested by Dept. of Disabilities and Special Needs. HOU: ADOPT proviso as amended.PAGE 33 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES11.10 ADD (Unlicensed Medication Providers) WMC: ADD new proviso to direct that selected unlicensed persons in community-based programs sponsored, licensed or certified by DDSN may provide certain prescribed medications, if the unlicensed persons have documented medication training and skill competency evaluation. Direct that licensed nurses may train, supervise and approve selected unlicensed persons to provide medications. Limit the medications that may be provided, to oral and topical medications and to regularly scheduled insulin and prescribed anaphylactic treatments. Prohibit the provision of sliding scale insulin or other injectable medications. Direct DDSN to establish curriculum and standards for training and oversight. Direct that this provision does not apply to a licensed habilitation center for the mentally retarded or persons with related conditions. Fiscal Impact: None. Requested by DDSN. HOU: ADOPT new proviso.SECTION 13 - DEPARTMENT OF SOCIAL SERVICES (L04)13.20 DELETE (Adolescent Pregnancy Prevention) Directs that $10,500,000 of the FY 97-98 surplus federal TANF program funds be allocated to the County Grants Fund for the Adolescent Pregnancy Prevention Initiatives program and directs that $200,000 must be allocated to the S.C. Campaign to Prevent Teenage Pregnancy to provide technical assistance to counties. WMC: DELETE proviso. The funds have been distributed and the proviso is not longer needed. Fiscal Impact: None. Requested by DSS. HOU: ADOPT deletion.13.25 ADD MOVED PROVISO (Family Foster Care Payments) WMC: ADD moved proviso to direct DSS to furnish Family Foster Care payments for individual foster children under their sponsorship, establishes the payment rate and identifies the basic needs for which these funds are to be used. The proviso was moved from 72.17. Fiscal Impact: None. HOU: ADOPT moved proviso.13.26 AMEND NEW PROVISO (Integrated Children’s Services Program-ICSP) WMC: ADD new proviso to establish an Integrated Children’s Services Program (ICSP) within the Department of Social Services to improve children’s access to appropriate services while providing better statewide oversight and prudent use of resources. Authorize the director to realign appropriations to accomplish the purpose of this program. Direct that the ICSP is comprised of the Continuum of Care, the Case Resolution System, the Managed Treatment Services, the Interagency System for Caring for Emotionally Disturbed Children and other offices as designated by the director. Establish a 5 member Integrated Children’s Services Program Board to facilitate, monitor and evaluate the delivery of services to children by these entities. Fiscal Impact: No impact on the General Fund or other funds. Some cost to DSS however there is possible future savings to the State for child services and a reduction of administrative and case management costs by the consolidation of agencies’ administrative functions and shift to service delivery.PAGE 34 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVESHOU: AMEND new proviso to delete the Case Resolution System from the makeup of the ICSP. Sponsor: Rep. Huggins. AMEND FURTHER to delete all references to CCRS. Increase the makeup of the ICSP Board from 5 members to 16 members. Direct the board to study the current system of care and report their findings to the General Assembly before January 2, 2003. Sponsor: Rep. J. E. Smith. Fiscal Impact: DSS to provide staff support and members shall serve without pay.13.27 ADD MOVED PROVISO (Continuum of Care - Carry Forward) WMC: ADD moved proviso to authorize the Continuum of Care to carry forward funds appropriated to continue services. Proviso 56DD.23 was moved From Governor’s Office. Fiscal Impact: No impact on the General Fund. HOU: ADOPT moved proviso.13.28 ADD (Safe Haven) HOU: ADD new proviso to direct DSS to use $15,000 of the $600,000 allocated to Heritage to help publicize the Safe Haven for Abandoned Baby Law. Direct that a Citizen’s Advisory Committee made up of six members, two each appointed by the Speaker of the House, the President Pro Tem of the Senate and the Governor will be convened by September 1, 2002 to review child abandonment issues. Direct that recommendations are to be made to the General Assembly by January 15, 2003 after which the committee is disbanded. Sponsor: Rep. Harrell. Fiscal Impact: Earmarks $15,000 of the recurring $600,000 appropriated in FY 02-03 for Heritage.SECTION 14 - COMMISSION FOR THE BLIND (L24)14.1 REINSERT (Matching Federal Funds) Directs that for the current fiscal year the funds appropriated for Rehabilitative Services are conditioned on matching federal funds to the maximum amount available under the Federal Vocational Rehabilitation Program. WMC: DELETE proviso & MOVE to the Department of Vocational Rehabilitation, Proviso 7.8. Fiscal Impact: None. HOU: REINSERT deleted proviso. Sponsors: Reps. Quinn and Rice. Fiscal Impact: No impact on the General Fund.14.2 REINSERT/AMEND (Horticulture Braille Production and Tele-communications Revenue) Allows the Commission to retain revenues earned in horticulture, Braille and packaging/assembly of manufacturing goods to pay for program operations and to pay wages to consumers training in the programs. WMC: DELETE proviso & MOVE to the Department of Vocational Rehabilitation, Proviso 7.9. Note: When moved, delete references to horticulture and change “packaging/assembly of manufacturing goods” to “provision of services.” The agency no longer operates a horticulture program, and the revenue is no longer being used to pay wages to trainees. Amendment requested by Commission for the Blind. Fiscal Impact: None.PAGE 35 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVESHOU: REINSERT deleted proviso and AMEND to delete reference to “horticulture products,” change “packaging/assembly of manufacturing goods” to “provision of services,” and delete “client payments and other.” Sponsors: Reps. Quinn and Rice. Fiscal Impact: No impact on the General Fund.14.3 DELETE (Funds for Prevention of Blindness in Older Individuals) Allows the agency to spend $178,363 in funds appropriated for prevention of blindness in older individuals to be used for building maintenance if the Federal grant is received. WMC: DELETE proviso. This was a one-time appropriation and the agency now receives a Federal formula grant for the purposes stated. Fiscal Impact: None Requested by Commission for the Blind. HOU: ADOPT deletion.14.4 REINSERT (Blind-Use of Funds) Authorizes the commission to use unrestricted funds donated to the agency and any surplus state appropriations to clear old negative grant balances that have been reflected in its accounts prior to 1991. WMC: DELETE proviso & MOVE to the Department of Vocational Rehabilitation, Proviso 7.10. Fiscal Impact: None. HOU: REINSERT deleted proviso. Sponsors: Reps. Quinn and Rice. Fiscal Impact: No impact on the General Fund.14.5 REINSERT (Blind-USC Spartanburg Visual Impairment Master of Education Program) Directs the Commission for the Blind to use $50,000 to fund the Master of Education Program in Visual Impairment at USC-Spartanburg. WMC: DELETE proviso & MOVE to the Department of Vocational Rehabilitation, Proviso 7.11. Fiscal Impact: None. HOU: REINSERT deleted proviso. Sponsors: Reps. Quinn and Rice. Fiscal Impact: No impact on the General Fund.14.6 ADD (Client Services) HOU: ADD new proviso to direct the Commission for the Blind and the Department of Vocational Rehabilitation to work together to identify opportunities to better coordinate and refer eligible clients to services available from either agency and to submit a joint progress report to the Chairmen of the Ways and Means and Senate Finance Committees by December 2002. Sponsor: Rep. Rice. Fiscal Impact: No impact on the General Fund.SECTION 17 - SC STATE LIBRARY (H87)17.1 AMEND (Aid to Counties Libraries Allotment) Addresses how state appropriated aid to county libraries is allotted on a per capita basis, using the 1990 Census, with a $40,000 minimum amount to be received by each county. Waives state aid regulations dealing with salary supplements pending revisions of the use of the minimum grant. States that to receive this allotment, counties must maintain local library support not less than the amount actually expended for library operations in the second preceding year.PAGE 36 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVESWMC: AMEND proviso to change “1990” Census reference to “2000” Census and delete reference to waiver of State Aid Regulations dealing with salary supplements. Updates the basis for distribution of State Aid using the U.S. 2000 Census and deletes reference to pending State Aid regulations already approved. Fiscal Impact: None. Requested by SC State Library. HOU: ADOPT proviso as amended.17.4 DELETE (Teacher DISCUS Access) Allows SC public school teachers to access DISCUS databases both at school and at home. WMC: DELETE proviso. The availability for all citizens to access DISCUS databases from home is now possible and procedures are in place to ensure this availability continues. Therefore, with the purpose of this proviso having been accomplished, it is no longer necessary. Fiscal Impact: None. Requested by SC State Library. HOU: ADOPT deletion.SECTION 18 - ARTS COMMISSION (H91)18.3 DELETE (Grant Funds Equitable Disbursement) Directs the commission to make every effort to disburse state and federal grant funds to counties in the most equitable manner possible and when funds are disbursed to give consideration to counties that have demonstrated initiative. WMC: DELETE proviso. Arts Commission is fulfilling proviso mandates. Fiscal Impact: None. Requested by Arts Commission. HOU: ADOPT deletion.SECTION 21 - FORESTRY COMMISSION (P12)21.5 ADD (Retention of Revenue) HOU: ADD new proviso to allow the commission, in FY 02-03, to retain all funds generated from the sale of forest products, land rentals, and other privileges on State Forestry Commission lands, up to the amount of the agency’s General Fund reduction. Sponsors: Reps. Hayes and Littlejohn. Fiscal Impact: No impact on the General Fund.SECTION 22 - DEPARTMENT OF AGRICULTURE (P16)22.1 AMEND (Market Bulletin) Directs the department to only mail the Market Bulletin to people who have provided a written request, to maintain a record of such request, and to biennially purge the subscription list through a printed coupon. Authorizes the department to charge a $10 yearly subscription fee for the bulletin and to charge up to $5 per classified ad printed in the bulletin and to use the funds to defray publication costs and related incidental expenses. WMC: AMEND proviso to delete the requirement that the subscription list be purged biennially. Subscribers are required to annually renew their subscriptions. Fiscal Impact: None. Requested by Department of Agriculture. HOU: ADOPT proviso as amended.PAGE 37 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES22.5 ADD (Farmers Market Relocation) WMC: ADD new proviso to create a Farmers Market Relocation Oversight Committee consisting of ten members to study and make recommendations to the General Assembly on establishing a new Columbia State Farmers Market facility. Provide that committee members are allowed the usual mileage, per diem and subsistence as provided by law for members of state boards, committees and commissions. Require that the report be submitted to the General Assembly before January 1, 2003, at which time the committee is abolished. Direct that the Speaker of the House of Representatives call for the initial meeting. Fiscal Impact: No impact on the General Fund. HOU: ADOPT new proviso.22.6 ADD (Commissioners’ Funding) HOU: ADD new proviso to require the department to continue to fully fund commissioners’ per diem and subsistence if the department receives a General Fund reduction unless an individual commissioner voluntarily waives the payments. Sponsor: Rep. Coates. Fiscal Impact: No impact on the General Fund.22.7 ADD (Specialty Crop Grant Indirect Cost Waiver) HOU: ADD new proviso to grant the Department of Agriculture a waiver from remitting indirect cost recoveries for the Specialty Crop Grant (H.R. 2213, Section 7) supported by the U.S.D.A. through the Commodity Credit Corporation. Sponsor: Rep. Koon. Fiscal Impact: The agency will be allowed to retain $18,800, although since this was not part of the General Fund estimate it has no effect on the General Fund.SECTION 24 - DEPARTMENT OF NATURAL RESOURCES (P24)24.15 ADD (Water Recreation Fund and County Game and Fish Fund) HOU: ADD new proviso to require the Department of Natural Resources to retain funds collected during FY 02-03 for the Water Recreation Fund and for the portion of the county game and fish fund derived from licenses and fees. Direct that these funds must be used for the stated purposes of the funds and may not be used to offset FY 02-03 base-budget reductions. Sponsor: Rep. Knotts. Fiscal Impact: No impact on the General Fund.SECTION 26 - DEPARTMENT OF PARKS, RECREATION AND TOURISM (P28)26.4 DELETE (Scholarship Program) Authorizes PRT to establish a scholarship program to assist students in park-related fields. WMC: DELETE proviso. The proviso is no longer needed. Fiscal Impact: None. Requested by PRT. HOU: ADOPT deletion.26.5 DELETE (Adjustments to State Parks Funding) Directs the department to increase camping and overnight lodging rates 10% in state parks and allows the department to establish a per-person entrance fee of $2 at coastal parks and $1.50 atPAGE 38 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES inland parks not managed to specifically meet local community needs. Directs that children age 15 and under would be admitted free. WMC: DELETE proviso. The increase took place in FY 99-00 and is now permanent; therefore the proviso is no longer needed. Fiscal Impact: None. Requested by PRT. HOU: ADOPT deletion.26.6 AMEND (Tourism and Promotion) Requires the department, from Regional Promotion Contributions funds, to distribute $100,000 to the Myrtle Beach Chamber of Commerce and $25,000 to the Georgetown Chamber of Commerce for tourism related activities. HOU: AMEND proviso to require the Myrtle Beach Chamber of Commerce and the Georgetown Chamber of Commerce to submit a report to the Senate Finance and Ways and Means Committees by December 1st each year describing how the funds were spent in the prior fiscal year. Sponsor: Rep. Kirsh.26.8 ADD (Hunley Lab Security) HOU: ADD new proviso allow the funds appropriated in the FY 01-02 Appropriation Act for the Hunley Lab HVAC to also be spent for lab security. Sponsor: Rep. Limehouse.SECTION 27 - DEPARTMENT OF COMMERCE (P32)27.2 DELETE (Development - Enterprise Development Inc. Contract) Authorizes the Division of State Development to use of to $500,000 to contract with Enterprise Development, Inc. (EDI) to perform certain functions. WMC: DELETE proviso. The proviso is now obsolete. Fiscal Impact: No impact on the General Fund. Requested by Department of Commerce. HOU: ADOPT deletion.27.8 DELETE (Aeronautics - Cost of Utilities) Directs that the Division of Aeronautics shall pay for the cost of utilities only in the buildings it occupies at any airport or facility. WMC: DELETE proviso. This appears to be an old obsolete proviso. Fiscal Impact: None. Requested by Department of Commerce. HOU: ADOPT deletion.27.13 DELETE (Contributions Carry Forward) Authorizes the Department to carry forward unexpended Economic Development Coordinating Council member agencies’ contributions and to use these funds for operating expenses and to offset contributions in the current fiscal year. WMC: DELETE proviso. This proviso is obsolete since there are no funds associated with it. Fiscal Impact: None. Requested by Department of Commerce. HOU: ADOPT deletion.27.16 AMEND (Aviation Grants) Directs that Aviation Grants funds shall be credited to the State Aviation Fund and used for maximizing federal grant funds and for airportPAGE 39 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES improvement projects. Directs that sponsors of publicly owned airports are eligible to receive grants under certain guidelines and directs the Secretary of Commerce to promulgate regulations establishing the grants program. Requires the expenditure of these funds to be reported to the Senate Finance and Ways and Means Committees. WMC: AMEND proviso to authorize these funds to be carried forward and spent for the same purpose. These funds were first appropriated in FY 00-01. Many improvement projects involve long lead times to obtain local government approvals, engineering studies, etc. Fiscal Impact: In FY 00-01 approximately $375,000 in committed funds out of an original $500,000 lapsed. Requested by Department of Commerce. HOU: ADOPT proviso as amended.27.17 AMEND (Coordinating Council Funds) Restricts the use of gas tax funds set aside for the Coordinating Council that are not obligated or committed prior to July 1 of the current fiscal year, to specific types of infrastructure projects. These are water/sewer projects, road construction/improvement projects, and site preparation necessary for the construction or expansion of an industry or business facility. WMC: AMEND proviso to require the Coordinating Council to annually prepare and submit to the General Assembly by March 15 each year, a detailed report itemizing the expenditures from the fund for the preceding calendar year. Require the report to include the company name or confidential project number, the location of the project, the amount of the grant award and the scope of the award. Direct that the General Assembly shall not appropriate funds or direct the Coordinating Council to extend loans or grants nor shall the Coordinating Council extend loans or grants from the gas tax funds set aside pursuant to Section 12-28-2910 for any purpose other than those listed in this proviso. HOU: ADOPT proviso as amended.27.19 DELETE (National Cemetery Loan) Directs the Department to make $500,000 available as an interest free loan to Oconee County to implement the National Cemetery in Oconee County and to require that the loan must be repaid in full when federal funding is received for the cemetery, but not later than June 30, 2002. WMC: DELETE proviso. The loan has been made. Fiscal Impact: No impact on the General Fund. Requested by Department of Commerce. HOU: ADOPT deletion.27.20 ADD (Export Trade Show Funds) WMC: ADD new proviso to authorize funds collected from South Carolina companies for offsetting costs associated with participating in future trade shows to be carried forward and used for the same purpose. International trade shows are usually scheduled 6-8 months in advance. The carry forward will allow the fees to be used in the year in which the show is actually held. Fiscal Impact: None. Requested by Department of Commerce. HOU: ADOPT new proviso.PAGE 40 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES27.21 ADD (Special Events Advisory Committee) WMC: ADD new proviso to require the Department of Commerce to establish a Special Events Advisory Committee to provide oversight relative to the department’s Special Events Fund; direct that the advisory committee is comprised at least 8 members who are contributors to the fund; and require that the advisory committee establish guidelines for use of the fund. Direct the department to prepare a detailed report and have an independent audit of all expenditures of the fund during the previous calendar year. Require that a report be submitted to the Governor, Speaker of the House, President Pro Tempore of the Senate, Chairman of the Ways and Means Committee, and Chairman of the Senate Finance Committee. Fiscal Impact: None. Requested by Department of Commerce. HOU: ADOPT new proviso.27.22 ADD (SC World Trade Center) WMC: ADD new proviso to direct the Commerce Department to transfer $100,000 to the S.C. World Trade Center from the funds appropriated in FY 02-03 for the SEUS International Trade Show which is to be held in September of 2002. Fiscal Impact: No impact on the General Fund. HOU: ADOPT new proviso.SECTION 30 - JUDICIAL DEPARTMENT (B04)30.7 AMEND (Advance Sheet Revenues Deposit) Requires the Judicial Department to deposit all advance sheet revenues, including any carried forward balance from prior fiscal years, into the General Fund during the current fiscal year. REQUEST: AMEND proviso to allow the department to deposit advance sheet revenues into a special account and to spend the funds for the production and distribution of the advance sheets rather than to deposit the funds into the General Fund. Operating funds have been reduced. Retention of these funds would allow the department to offset the cost of producing the sheets. Fiscal Impact: Advance sheet revenues deposited into the General Fund in FY 00-01 were $151,315. Requested by Judicial Department. WMC: AMEND proviso to allow the department to retain advance sheet funds collected above the amount remitted to the General Fund in FY 01-02 and to use these funds for the production and distribution of the advance sheets. Fiscal Impact: No impact on the General Fund. HOU: ADOPT proviso as amended.30.15 ADD (Judicial Carry Forward) WMC: ADD new proviso to authorize the Judicial Department to carry forward unexpended funds from the prior fiscal year into the current fiscal year to be spent for the same purposes. Fiscal Impact: Minimal. The department does not expect to have unexpended funds in the near future, however would like to have the flexibility provided by allowing this type of carry forward. Requested by Judicial Department. HOU: ADOPT new proviso.PAGE 41 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES30.16 ADD (Fee for Motions Made in Court of Common Pleas) HOU: ADD new proviso to direct that for every motion made in the court of common pleas there is a $25 fee assessed, that the fee must accompany each motion filed, and that the clerk of court must collect and remit the fee to the State Treasurer for credit in a separate Judicial Department Support Fund to be used by the Judicial Department as follows: (1) the first $300,000 - to fund the alternative dispute resolution pilot program; (2) the next $59,000 - for retired judges to help with the Judicial Department caseload; (3) any funds remaining after funding item 2 - to restore circuit judges reimbursement travel allowance to adhere to the constitutional rotation requirement; (4) and any funds remaining after funding item 3 - to fund the technology initiatives program. Allow the Court to waive this filing fee upon proper showing of indigency. Sponsors: Reps. Jennings, Lucas and Carnell. Fiscal Impact: Generates approximately $2.5 million in other funds.SECTION 31 - B06 - SENTENCING GUIDELINES COMMISSION31.1 ADD (Carry Forward) WMC: ADD new proviso to authorize the Sentencing Guidelines Commission to carry forward unexpended funds from the prior fiscal year into the current fiscal year and to spend the funds for the administration of the commission. Fiscal Impact: The commission anticipates carrying forward approximately $6,000. Requested by Sentencing Guidelines Commission. HOU: ADOPT new proviso.SECTION 32 - ATTORNEY GENERAL (E20)32.1 DELETE (Collection of Debts, Claims or Obligations) Authorizes the Attorney General to contract for collection of debts, claims or obligations due the State, its departments or institutions. WMC: DELETE proviso. Fiscal Impact: None. HOU: ADOPT deletion.SECTION 33 - E21 - PROSECUTION COORDINATION COMMISSION33.3 AMEND (Judicial Circuits State Support) Allows Judicial Circuits (16) State Support funds to be used for necessary administrative and personnel costs of the commission and other expenditures approved by the commission, not to exceed 5% of the appropriation. Directs that the balance shall be apportioned among the circuits on a per capita basis and based on the official 1990 census and that payment shall be made as soon after the beginning of the 1st and 3rd quarter as practical. WMC: AMEND proviso to change the census reference from 1990 to 2000 and to direct that for FY 02-03 the amount appropriated for Judicial Circuits State Support be apportioned based on the 1990 census. Direct that any amount in excess of the FY 01-02 adjusted appropriation must be only distributed to those circuits that would have received an increased pro rata share in FY 02-03 if the distributionPAGE 42 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES would have been based on the 2000 census. Fiscal Impact: No impact on the General Fund. HOU: ADOPT proviso as amended.33.6 DELETE (Serious Offenses Funding) States the intent of the General Assembly that more than 50% of Judicial Circuits State Support funds that exceeds the amount appropriated in FY 95-96 must be used to expedite disposition of most serious and serious offenses as defined by Section 17-25-45. WMC: DELETE proviso. HOU: ADOPT deletion.33.7 DELETE NEW PROVISO (Worthless Check Unit) WMC: ADD new proviso to allow a Circuit Solicitor to establish a Worthless Check Unit to process worthless checks and without cost or fees to the victims, to assist victims to collect restitution. Require the Prosecution Coordination Commission to approve a fee schedule recommended by the 16 Circuit Solicitors and to require a Circuit Solicitor to implement the schedule if they establish the unit. Require all fees, other than court costs, collected by the unit to be deposited into a Worthless Check Fund maintained by the county treasurer and direct that these funds shall be used first to defray the costs of operating the unit with the balance to be used by the Solicitor to pay normal operating expenses of his office. Prohibit these funds from being used to reduce the amount budgeted to the Solicitor’s office by the county. Require the Solicitor to maintain records of all funds collected for the benefit of the victim and to disburse collected restitution to the victim. Allow the restitution to be transferred to the general fund of the county if after a reasonable time and upon diligent efforts the victim cannot be located. Require that the Prosecution Coordination Commission provide a report by February 1st to the Senate Finance and Ways and Means Committees listing which Solicitor’s Offices establish a Worthless Check Unit, the amount of funds generated and how the funds were expended in each office. Fiscal Impact: No impact on the General Fund. HOU: DELETE new proviso. Sponsor: Rep. Kirsh. Fiscal Impact: No impact on the General Fund.SECTION 35 - COMMISSION ON INDIGENT DEFENSE (E23)35.1 AMEND (Defense of Indigents Formula) Provides for the distribution of Defense of Indigents funds. WMC: AMEND proviso to direct that the July 1, 2001 level of contribution of each county must be maintained and that no county may contribute less than it contributed as of July 1, 2001; and increase the amount set aside for capital case defenses from $2,750,000 to $3,000,000. The collection and disbursement for capital defense cases has either exceeded or almost exceeded the specified amount. The adjustment should prevent problems that might arise from exceeding the current amount. Fiscal Impact: No impact on the General Fund. Requested by Commission on Indigent Defense. HOU: ADOPT proviso as amended.PAGE 43 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES35.3 AMEND (Appellate Conflict Fund) Provides the mechanism for the operation of the Appellate Conflict Fund. WMC: AMEND proviso to delete language detailing the division and designation of funds. When this Fund was created, its main purpose was to pay attorneys who were appointed to represent clients in capital, PCR appeals where the Office of Appellate Defense had a conflict of interest. There was also a need to pay attorneys for the same sort of representation in non-capital cases for which no money had been appropriated. The commission does not now believe that this complex language is necessary. Fiscal Impact: None. Requested by Commission on Indigent Defense. HOU: ADOPT proviso as amended.35.7 AMEND (County Contributions) Directs that for FY 01-02 no county shall reduce its local Defender Corporation contribution below the amount provided during FY 00-01. WMC: AMEND proviso to direct that for FY 02-03 no county shall reduce its local Defender Corporation contribution below the amount provided during FY 00- 01. To maintain the same level of contributions. Fiscal Impact: None. Requested by Commission on Indigent Defense. HOU: ADOPT proviso as amended.35.9 ADD (Carry Forward of Obligations) WMC: ADD new proviso to authorize the Commission on Indigent Defense to carry forward unpaid obligations incurred and received for payment in one fiscal year and to pay these obligations from funds appropriated in the next year’s budget. Provide a method for paying bills in the next budget cycle if there are insufficient funds available in the current fiscal year. Fiscal Impact: No impact on the General Fund. Funds would be available from within the agency’s next budget cycle. Requested by Commission on Indigent Defense. HOU: ADOPT new proviso.35.10 ADD (Application Fee for Appointment of Counsel) WMC: ADD new proviso to increase the application fee for public defender services payable under Section 17-3-30(B) to $40 for the current fiscal year. The fee has not been increased in 9 years. Fiscal Impact: No impact on the General Fund. The current fee of $25 would be increased to $40 and according to the BEA this $15 increase would generate approximately $120,000 for the Office of Indigent Defense. Requested by Commission on Indigent Defense. HOU: ADOPT new proviso.35.11 ADD (Assessments Increase) WMC: ADD new proviso to increase the fines assessed in general sessions, family, magistrate or municipal courts provided for in Sections 14-1-206, 14-1-207 and 14-1-208 from 100% to 107.5% and direct that the additional 7½% be credited to the Commission on Indigent Defense’s account to be used for defense of indigents. Provide that the amount of these funds credited to other state agencies will not be less than the amount received in the previousPAGE 44 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES year. Direct the commission to apportion the additional 7½% - 33 1/3% to the civil fund and 33 1/3% to be divided among other programs that were reduced, up to the maximum approved in FY 00-01. Allow the commission to transfer from the civil fund disbursement, sufficient funds to operate the program and after this disbursement and the fund limits are reached, direct the commission to disburse the remaining funds to the local defender corporations. Note: The commission requested a 15% increase to generate additional operating funds. Fiscal Impact: Generates $3.2 million other funds. Requested by Commission on Indigent Defense. HOU: ADOPT new proviso.SECTION 36 - DEPARTMENT OF PUBLIC SAFETY (K05)36.2 AMEND (Miscellaneous Revenue) Allows the Department of Public Safety to retain, expend, and carry forward miscellaneous revenue. WMC: AMEND proviso to clarify that insurance claim receipts are included in the revenue that the department is allowed to retain, expend and carry forward. Fiscal Impact: None. Requested by Department of Public Safety. HOU: ADOPT proviso as amended.36.8 AMEND (DPS: Witness Fee) Allows DPS to charge a witness fee of $100 per hour, up to $400 per day for members of the Multi-disciplinary Accident Investigation Team and to deposit the fee into a designated revenue account. WMC: AMEND proviso to change "Multi-disciplinary Accident Investigation Team (MAIT) member" to "trooper trained in Advanced Accident Investigation." Authorize the department to receive, expend, retain, and carry forward these funds. The Highway Patrol has expended resources to train additional troopers in Advanced Accident Investigation who are not technically assigned to MAIT. Including these specially trained troopers within this proviso will allow the Highway Patrol to accomplish its mission as related to providing competent accident investigation and testimony to the public. Fiscal Impact: The BEA estimates approximately $90,000 in Other funds would be generated. Requested by Department of Public Safety. HOU: ADOPT proviso as amended.36.14 AMEND (Retention of Private Detective Fees) Authorizes the department to receive, expend, retain and carry forward all funds transmitted from SLED, which are additional license and registration fees for private detective and private security businesses. The purpose of these funds is to provide additional security in the Capitol Complex area. REQUEST: AMEND proviso to direct that rather than using the funds to provide “additional security in the Capitol Complex area” the funds are to be used for “the law enforcement operations for the Bureau of Protective Services to accomplish its mission.” The current proviso limits the use of these funds to providing security at the Capitol Complex. The Bureau of Protective Services (BPS) can more effectively use these funds for prevention and enforcement. Fiscal Impact: NoPAGE 45 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES impact on the General Fund. The amount of funds affected is approximately $475,000 in earmarked funds. Requested by Department of Public Safety. WMC: AMEND proviso to allow the Bureau of Protective Services to use these funds for other bureau law enforcement operations in an amount not to exceed the amount of funds from other sources used for Capitol Complex Security. Fiscal Impact: No impact on the General Fund. HOU: ADOPT proviso as amended.36.19 DELETE (Law Enforcement Services Study) Directs the department to study the advantages and disadvantages of entering into contracts and/or agreements with private firms or governmental entities to provide law enforcement services on state right-of-way property during times of construction on that property. Directs that a report be submitted to the Chairmen of the Senate Finance and Ways and Means Committees when the study is concluded. WMC: DELETE proviso. The study should be completed by the end of the fiscal year and is not necessary for FY 02-03. Fiscal Impact: None. Requested by Department of Public Safety. HOU: ADOPT deletion.36.20 ADD (Retention of DOT Settlement) WMC: ADD new proviso to authorize the Department of Public Safety to retain and carry forward all funds received from the Department of Transportation’s purchase of the Department of Public Safety’s interest in the 955 Park Street building and to use these funds to purchase cars for the Highway Patrol. Funds will be paid in accordance with the settlement agreement between Department of Public Safety and Department of Transportation. Fiscal Impact: No impact on the General Fund. Will increase DPS earmarked funds by $4.2 million, less expenses deducted by DOT pursuant to the Settlement Agreement. Requested by Department of Public Safety. HOU: ADOPT new proviso.36.21 ADD (Law Enforcement Officer’s Memorial) WMC: ADD new proviso to direct the Department of Public Safety to transfer $500,000 from the DPS Building Fund, subfund 3324 to the Budget and Control Board to construct a S.C. Law Enforcement Officer’s Memorial on the State House grounds to honor S.C. law enforcement officers who have died in the line of duty. Fiscal Impact: No impact on the General Fund. $500,000 of Other funds will be transferred. HOU: ADOPT new proviso.36.22 ADD (Motor Carrier Advisory Committee) HOU: ADD new proviso to direct the department to establish a Motor Carrier Advisory Committee to solicit input from the Trucking Industry and other interested parties in developing policies and procedures for the regulation of the Trucking Industry. Sponsor: Rep. Cobb- Hunter.PAGE 46 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVESSECTION 37 - DEPARTMENT OF CORRECTIONS (N04)37.7 DELETE (Contract Performance Funded Literacy Instruction) Directs that $75,000 of Palmetto Unified School District Contractual Services funds must be used to contract with private sector education providers for performance-funded literacy instruction and that contractors would be paid only for student progress on quantifiable performance measures. WMC: DELETE proviso. The proviso is unnecessary since the department has and continues to contract for educational work. The department needs the flexibility to allocate and spend funds as needed due to the current budget situation. Fiscal Impact: No impact on the General Fund. Requested by Department of Corrections. HOU: ADOPT deletion.37.15 AMEND (Social Security Administration Funding) Directs the Department of Corrections to retain all Social Security Administration funds received under Section 1611 (e)(1)(I) and to credit such funds to the E. H. Cooper Trust Fund for the care and custody of inmates. WMC: AMEND proviso to change "E. H. Cooper Trust Fund" to "a fund entitled ‘Special Social Security’." This change does not modify the purpose or use of these funds. The E.H. Cooper Fund is a fiduciary fund for inmate monies. These funds received from the Social Security Administration do not belong in a fiduciary account. Fiscal Impact: None. Requested by Department of Corrections. HOU: ADOPT proviso as amended.37.19 DELETE (Purchase of Prison Industry Goods) Direct that the sale price of prison industry produced goods to the Department of Corrections is computed based only on the cost of materials and inmate labor. WMC: DELETE proviso. Deletion will reduce administrative workload on prison industries staff. With proviso 37.20, which allows the Director to use Industry funds for operating costs that benefit the general welfare of the inmate population, there is no need to retain Proviso 37.19. Fiscal Impact: None. Industry revenues will be used as required to offset budge reductions. Requested by Department of Corrections. HOU: ADOPT deletion.37.27 ADD (Release of Inmates) WMC: ADD new proviso to require the Department of Corrections to release prisoners who are required to serve six months or more, on the first day of the month in which their sentences end and if the first day of the month falls on a Saturday, Sunday or a legal holiday to release such prisoners on the last weekday prior to the first of the month. Releasing inmates on the first of the month would consolidate some administrative functions and reduce overall inmate count by approximately 450 inmates. Fiscal Impact: Up to $1.5 million associated with the cost of care for 450 inmates would be saved. The annual variable cost (food, medical, clothing, etc) associated with an inmate is $3,500.PAGE 47 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVESThis amount applied to 450 inmates could generate the projected savings. Requested by Department of Corrections. HOU: ADOPT new proviso.37.28 ADD (Major Renovations and Repairs) WMC: ADD new proviso to allow the department to utilize unused bond funds designated for construction of new beds, particularly at MacDougall Correctional Institution and for maximum security beds at Kirkland Correctional Institution, for major renovations and repairs and/or construction of new beds as the budget and inmate population dictate. Operating the department at lower levels of infrastructure maintenance due to budget shortfalls increases the requirements and costs of infrastructure upgrades, renovations and reports to maintain facilities’ operational capacity. Pending legislation could increase the inmate population, which would require additional beds. Having this option would allow the department to meet the most critical needs as the year progresses. Fiscal Impact: Up to $7 million in existing bond funds may be used for renovations and repairs. Requested by Department of Corrections. HOU: ADOPT new proviso.SECTION 38 - DEPT. OF PROBATION, PAROLE AND PARDON SERVICES (N08)38.3 DELETE (Alston Wilkes Society) Authorizes the department to use $150,000 to contract with any willing competitive provider, which may include but is not limited, to the Alston Wilkes Society, to provide temporary housing for offenders under the supervision of the department. WMC: DELETE proviso. This proviso was funded from non-recurring supplemental funds in FY 99-00 but no funds were provided in either FY 00-01 or 01-02. Fiscal Impact: None. Requested by Department of Probation, Parole and Pardon Services. HOU: ADOPT deletion.38.10 ADD (Restitution Center Housing and Food) WMC: ADD new proviso to authorize the department, with Budget and Control Board approval, to set the per day cost for housing and food at restitution centers based on the offender’s ability to pay so long as the per day cost does not exceed the actual cost of providing the services; provide that the fee is in addition to any supervision fees; and direct that the fee must be deposited for credit to the same account as funds collected under Sections 14-1-210 through 14-1-230. Operating costs of restitution centers are partially funded by the participating offenders through a per day fee. The fee has not changed since 1986. The ability to adjust the per day cost for inflation will bring the restitution centers to a more self-sufficient footing, thus reducing the burden on the state. Fiscal Impact: The current fee is $6.50 per day. A $1 increase in the per day fee would generate $39,210 in Other Fund revenue. HOU: ADOPT new proviso.PAGE 48 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVESSECTION 39 - DEPARTMENT OF JUVENILE JUSTICE (N12)39.2 AMEND (Interstate Compact/Juvenile Restitution Programs Revenue) Directs that the revenue returned to the Interstate Compact Program and from the Juvenile Restitution Program be retained and carried forward to operate the respective program areas. WMC: AMEND proviso to delete reference to the Juvenile Restitution Program. DJJ no longer contracts with any private vendors to collect restitution, so there is no revenue returned to the agency. Fiscal Impact: None. Requested by Department of Juvenile Justice. HOU: ADOPT proviso as amended.39.8 DELETE (Arbitration Program) Requires the Department of Juvenile Justice, the Attorney General and the Commission on Prosecution Coordination to collaborate and report to various committees by August 31, 2001, on recommendations combining the Youth Mentor Program and the Arbitration Program to divert nonviolent offenders. WMC: DELETE proviso. The report has been completed and submitted to the appropriate committees. Fiscal Impact: None. Requested by Department of Juvenile Justice. HOU: ADOPT deletion.39.11 DELETE NEW PROVISO (Elimination of Detention Screening Responsibilities) WMC: ADD new proviso to provide that prior to a detention hearing before a Family Court Judge, the law enforcement officer taking a juvenile into custody is responsible for determining whether the juvenile is in need of secure detention. Direct that the officer detaining the juvenile must provide a DJJ representative with his written report and any other relevant documents relating to the juvenile or the offense with which he is charged, by 10 a.m. on the next business day following the juvenile being taken into custody. Section 20-7-7205 currently requires that the initial detention decision be made by the law enforcement officer taking the juvenile into custody, but also requires DJJ to advise law enforcement whether detaining the juvenile is necessary. This proviso will eliminate DJJ’s advisory role in the initial detention decision. Fiscal Impact: None. Requested by Department of Juvenile Justice. HOU: DELETE proviso. Proviso Ruled Out of Order. Fiscal Impact: No impact on the General Fund.39.12 ADD (Juvenile Arbitration/Community Advocacy Program) WMC: ADD new proviso to direct that Juvenile Arbitration Program funds shall be retained and expended to provide juvenile arbitration services through the 16 Judicial Circuit Solicitors’ offices to fund administrative and personnel costs of the programs. Direct DJJ to contract with the Solicitors to administer the program and to disburse up to $45,000 per Judicial Circuit based on services rendered. Direct that the $175,000 for the Community Advocacy Program in the first Judicial Circuit be used for necessary administrative and personnel costs for this status offenderPAGE 49 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES diversion program. Authorize unexpended funds to be retained and carried forward for the same purpose. Fiscal Impact: No impact on the General Fund. $175,000 was transferred on the line from Prosecution Coordination Commission to DJJ. Requested by Department of Juvenile Justice. HOU: ADOPT new proviso.39.13 DELETE NEW PROVISO (Community Evaluations) WMC: ADD new proviso to direct that unless a Family Court Judge, at the time of temporary commitment for evaluation specifically precludes it in writing, DJJ has the authority to place a juvenile temporarily committed to the department after an adjudication for a noncriminal or nonviolent offense into a placement or program other than a secure evaluation center operated by the department during all or any part of the evaluation period and that placements will be based on criteria mutually agreed on between the agency and the Family Court. Fiscal Impact: No impact on the General Fund. HOU: DELETE proviso. Proviso Ruled Out of Order. Fiscal Impact: No impact on the General Fund.SECTION 40 - HUMAN AFFAIRS COMMISSION (L36)40.1 AMEND (Sale of Publication) Allows revenue derived from the sale of "The Blueprint" to be retained and expended to conduct future Human Affairs Forum. WMC: AMEND proviso to direct that the funds "shall" be retained, "carried forward" and expended for "general operations of the commission" rather than for “conducting future Human Affairs Forums.” This change is necessary in order to provide some of the additional funds needed to enable the Commission to continue to provide quality services, including, but not limited to forums, as required by statute. Fiscal impact: No additional state funds required, but would result in a potential increase in revenue to the Commission. In prior years, the amount of funds involved has been approximately $3,000 per year. Requested by Human Affairs Commission. HOU: ADOPT proviso as amended.40.2 AMEND (Human Affairs Forum Carry Forward) Authorizes the agency to retain and carry forward funds derived from donations and Human Affairs Forums registration fees and expend the funds for future Human Affairs Forums. WMC: AMEND proviso to direct that all revenue derived from these sources "shall" be retained, carried forward and expended for "general operations of the commission" rather than for “conducting future Human Affairs Forums.” This change is necessary in order to provide some of the additional funds needed to enable the Commission to continue to provide quality services, including, but not limited to forums, as required by statute. Fiscal impact: No additional state funds required, but would result in a potential increase in revenue to the Commission. In recent years, the amount of funds involved has been approximately $2,200 per year. Requested by Human Affairs Commission. HOU: ADOPT proviso as amended.PAGE 50 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES40.3 AMEND (Training Revenue) Authorizes the commission to recoup and retain expenses incurred while providing training and technical assistance and direct that reimbursement may be used for general operations. Prohibits charges from exceeding the cost of the program. WMC: AMEND proviso to change the authority to “recoup and retain expenses incurred while providing training and technical assistance” to instead direct that “all revenue derived from fees received from training and technical assistance provided to other than state agencies may be retained, carried forward and expended” for general operations. Delete requirement that charges may not exceed the cost of the program. This change is necessary in order to provide some of the additional funds needed to enable the Commission to continue to provide quality services, including, but not limited to forums, as required by statute. Fiscal impact: No additional state funds required, but would result in a potential increase in revenue to the Commission. According to the BEA, this proviso would generate $7,425 in revenue for the agency. Requested by Human Affairs Commission. HOU: ADOPT proviso as amended.SECTION 43 - WORKERS’ COMPENSATION COMMISSION (R08)43.1 AMEND (Physicians & Surgeons Schedule of Fees Medical Services Provider Manual Revenue) Directs that all revenue earned from the sale of the “Schedule of Fees for Physicians and Surgeons” publication shall be retained and used for the printing and distribution of subsequent revisions of the schedule. WMC: AMEND proviso to change the name of the publication from “Schedule of Fees for Physicians and Surgeons” to “Medical Services Provider Manual.” The title of the fee schedule has been changed to be more descriptive and inclusive of all medical provider fees. Fiscal Impact: None. Requested by Workers’ Compensation Commission. HOU: ADOPT proviso as amended.43.3 DELETE NEW PROVISO (Filing Fees Revenue) WMC: ADD new proviso to authorize the Workers’ Compensation Commission to charge a $25 filing fee for each hearing that is requested and to retain and expend these revenues. This would place the commission on the same level as other court systems that require users to help offset costs of the court system. Fiscal Impact: The BEA estimates 16,000 hearing requests and settlements per year @ $25 each would generate $400,000 in other funds revenue. HOU: DELETE new proviso. Sponsor: Rep. Cato.43.4 ADD (In-house Mailbox Rental Fees) WMC: ADD new proviso to authorize the commission to charge a yearly rental fee of $300 for an in-house mailbox and to retain and expend these revenues to offset mailing costs. To offset increasing mailing costs. Fiscal Impact: The BEA estimates that approximately 20 in-house mailboxes @$300 each would generate $6,000 in other funds revenue. Requested by Workers’ Compensation Commission. HOU: ADOPT new proviso.PAGE 51 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVESSECTION 50 - DEPARTMENT OF LABOR, LICENSING AND REGULATION (R36)50.9 ADD (Firefighter Mobilization Project) WMC: ADD new proviso to direct the department to fund the Firefighter Mobilization Project by using $165,000 of the funds which were redirected from the Fire Insurance Premiums Tax to LLR by Act 60 of 2001 for firefighter initiatives. Fiscal Impact: No additional impact. Funds currently authorized for firefighter initiatives will be used. HOU: ADOPT new proviso.50.10 ADD (Disabled Massage Therapist Special License) HOU: ADD new proviso to allow LLR to administer a special exam to issue a provisional license for disabled massage therapists. Sponsor: Rep. Quinn.SECTION 51 - EMPLOYMENT SECURITY COMMISSION (R60)51.6 AMEND NEW PROVISO (Fees for Services) WMC: ADD new proviso to authorize the Employment Security Commission to administer employment skills and aptitude tests and to charge a fee for this service which shall be retained and carried forward to offset the cost of administering the testing program. Allow the commission to accept credit card payments for these services and to withhold the actual cost of processing the credit card payments from deposits of related payments for services and to treat these withholdings as reimbursements of expenditures. Allows the agency to charge fees for services that are above and beyond its core services currently paid for by federal funds. Fiscal Impact: No impact on the General Fund. The BEA estimates that $16,000 would be generated by aptitude tests and $4,000 would be generated by employment profiling in the initial year generating a total of $20,000 in Other funds in FY 02-03. Requested by Employment Security Commission. HOU: AMEND new proviso allow the commission to charge a fee to companies that request the service rather than to everyone. Sponsor: Rep. Kirsh.SECTION 53 - DEPARTMENT OF TRANSPORTATION (U12)53.10 AMEND (Coordinate Transportation Funding and Resources) Direct the Department of Transportation to continue to carry out and enhance public transportation coordination planning and demonstration process and to submit to the General Assembly an interim progress report no later than Jan. 15, 2002 and a follow-up progress report by May 15, 2002. WMC: AMEND proviso to change “2002” to “2003.” Fiscal Impact: None. HOU: ADOPT proviso as amended.53.14 ADD (Oversize and Overweight Permits) WMC: ADD new proviso to authorize the Department of Transportation to charge specified rates for Oversize and Overweight permits and licenses. The existing fee schedule has not been addressed in many years and the fees are not sufficient for funding permit operations. The revised schedule was developed in cooperation with the S.C. Trucking AssociationPAGE 52 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES and other industry representatives and has the general support of the trucking industry. The additional revenue will allow DOT to modernize the permit process. Fiscal Impact: The BEA estimates that the revised rate schedule would generate approximately $2,000,000 in Other funds. Requested by Department of Transportation. HOU: ADOPT new proviso.SECTION 53C - Y14 - STATE PORTS AUTHORITY53C.1 AMEND (Charleston Cooper River Bridge Project) Directs the State Ports Authority during FY 01-02, to pay $5,000,000 to continue the Charleston Cooper River Bridge Project, from other general fund or operating fund surplus and any funds appropriated to the authority in prior fiscal years which is unspent as of 7/1/01. WMC: AMEND proviso to update the fiscal reference from 2001-2002 to 2002-03 and the calendar year reference from 2001 to 2002. Fiscal Impact: No impact to the General Fund. HOU: ADOPT proviso as amended.SECTION 54 - LEGISLATIVE DEPARTMENT (A99)54.1 AMEND (Legislative Employee Designations) Establishes the definition of permanent, temporary, interim, part-time temporary, and permanent part-time legislative employees designated in this section. HOU: AMEND proviso to direct the House of Representatives to maintain an internal record denoting these positions. Sponsor: Rep. Kelley.54.13 AMEND (House Pages) Directs that 144 Pages shall be appointed and available for any necessary service to the House. WMC: AMEND proviso to direct that “up to” 144 Pages “may” be appointed rather than require that 144 Pages “shall” be appointed. Provide flexibility for the House to only appoint the number of Pages necessary for service. Fiscal Impact: Savings to the House would be generated by not hiring the full number of pages. HOU: ADOPT proviso as amended.54.15 AMEND (Leg. Council Employment/Salary Adjustments) Authorizes the Legislative Council to hire additional help between sessions and allows the council to adjust salaries of personnel. WMC: AMEND proviso to delete the authority to hire additional help between sessions. This duplicates the authority contained in Proviso 54.3. Fiscal Impact: None. Requested by Legislative Council. HOU: ADOPT proviso as amended.54.16 DELETE (Leg. Information Systems Management) Places Legislative Information Systems under the direction and management of a council composed of certain members of the General Assembly.PAGE 53 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVESWMC: DELETE proviso. Technical. LIS and LPITR have been merged into one entity. Fiscal Impact: None. Requested by Legislative Information Services. HOU: ADOPT deletion.54.17 DELETE (Legislative Printing Management) Places the Office of Legislative Printing and Information Technology Resources under the supervision and administrative direction of the Clerks of the Senate and House. WMC: DELETE proviso. Technical. LIS and LPITR have been merged into one entity. Fiscal Impact: None. Recommended by Office of State Budget. HOU: ADOPT deletion.54.20 DELETE (Legislative Council Availability) Requires Legislative Council personnel, when requested by the Committee Chairman, to work with the any standing or interim committee of the Senate or House. WMC: DELETE proviso. This proviso was developed when the General Assembly had a number of study committees that had no staff. These study committees are no longer in existence, but Council provides help to members of the General Assembly when requested. Fiscal Impact: None. Requested by Legislative Council. HOU: ADOPT deletion.54.29 AMEND (Additional House Support Personnel) Provides for the hiring of legislative aides for members of the House. Allows the O&M Committee, at a member’s request, to use any unspent portion of the funds provided for aides to purchase equipment for the member’s office. Specifies the funding allowed in even and odd fiscal years. Directs that for FY 01-02 eligible members be allowed a $2,000 allocation. WMC: AMEND proviso to delete reference to FY 01-02 and direct that for FY 02- 03 the allocation for eligible members shall be $2,000. Fiscal Impact: No impact on the General Fund. HOU: ADOPT proviso as amended.54.33 DELETE (Legislative Council Proofreaders) Authorizes the Legislative Council Director to have staff proofreaders work one month before and after the session. WMC: DELETE proviso. Proviso 54.3 gives the same authority. Fiscal Impact: None. Requested by Legislative Council. HOU: ADOPT deletion.54.34 DELETE (Study Committee - Education) Directs a joint study committee comprised of members of the Senate, House, and Governor’s Office to study formula funding in education programs. WMC: DELETE proviso. This proviso was added in FY 87-88 as proviso 3.45. Fiscal Impact: None. HOU: ADOPT deletion.PAGE 54 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES54.36 DELETE (Guardian Ad Litem Pgm. Technology Equipment) Authorizes the Guardian Ad Litem Program to procure necessary technology equipment. WMC: DELETE proviso. This proviso was added in FY 90-91 and is not necessary. Fiscal Impact: None. HOU: ADOPT deletion.54.45 AMEND (Carry Forward for National Speaker’s Conference House Funds) Authorizes unspent 1998 Southern Legislative Conference funds to be carried forward and used to host the 2001 National Speaker’s Conference in Charleston. WMC: AMEND proviso to delete references to the Conferences and authorize $75,252.38 appropriated to the House pursuant to Act 66 of 2001 to be retained, carried forward and expended to cover the expenses of House programs and operations and direct that for FY 02-03, $50,793 of these funds shall be used for Council of State Government dues. Fiscal Impact: No impact on the General Fund. Uses $75,252.38 of existing funds appropriated to the House. HOU: ADOPT proviso as amended.54.46 AMEND (Merge LIS & LPITR LPITS) Merges the Office of Legislative Information Systems (LIS) and with Legislative Printing and Information Technology Resource(LPITR) into a new entity to be known as Legislative Printing, Information and Technology Systems (LPITS). WMC: AMEND proviso to delete language specifically detailing the merger of LIS and LPITR into the new LPITS entity. Fiscal Impact: None. HOU: ADOPT proviso as amended.54.47 DELETE (House Funds) Authorizes the House to retain and carry forward the $180,000 appropriated in Act 447 of 1998 (CRF) and to use the funds for expenses associated with House programs and operations. WMC: DELETE proviso. These funds have been expended. Fiscal Impact: None. Requested by House of Representatives. HOU: ADOPT deletion.54.48 DELETE (Print Management Study) Directs the House of Representatives Office of Research and Personnel to study the printed material produced by the House and to survey the members to determine their wishes and needs pertaining to printed materials. Directs that a report on the outcome of the study be prepared and presented to the full House in January 2002. WMC: DELETE proviso. Technical. The report is due in January 2002, thus the proviso is not necessary for FY 02-03. Fiscal Impact: None. Requested by House of Representatives. HOU: ADOPT deletion.54.49 ADD (Codes of Law Reimbursement) WMC: ADD new proviso to allow the Legislative Council to require public sector recipients to reimburse the council’s cost of acquiring codes of law, supplements or replacement volumes which are distributed to them. Exempt the General Assembly and courts of record in thePAGE 55 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES unified judicial system from this provision. The council is required by Section 2- 13-240 to distribute code supplements to certain public sector recipients. 1,750 sets are distributed annually. The amount of funds appropriated for code supplements each year is underfunded by approximately $100,000. This proviso will make this activity self-supporting and will help to offset the increasing costs of publication. Fiscal Impact: No impact on the General Fund. Legislative Council estimates that the cost reimbursement will generate approximately $115,000. Requested by Legislative Council. HOU: ADOPT new proviso.SECTION 55 - C05 - ADMINISTRATIVE LAW JUDGE DIVISION55.3 AMEND (Filing Fees) Requires that a filing fee equal to the fee charged in circuit court for filing a summons or complaint must accompany each request for a contested case hearing, notice of appeal, or request for injunctive relief before the division and allows the division to retain the fee to defray the cost of the proceedings. Directs that a filing fee is not required in administrative appeals by inmates from final decisions of the Departments of Corrections, Juvenile Justice or Probation, Parole and Pardon Services or in fundamental rights matters filed by indigent persons. Allows the presiding administrative law judge to impose sanctions if at the end of the proceeding the ALJ determines that the case was frivolous or taken solely for delaying purposes. WMC: AMEND proviso to delete the directive that no filing fee is required in administrative appeals by inmates or in fundamental rights matters filed by indigent persons. Fiscal Impact: No impact on the General Fund. NOTE: Due to a scrivener’s error, a portion of the amendment adopted by the Ways and Means Committee was not included in the printed Ways and Means version of the proviso. The language not included states that the filing fee for administrative appeals by inmates shall be $25 and if an inmate filing an appeal has been declared indigent by a court of competent jurisdiction and provides proof of the declaration at the time of filing, the fee will be waived. (A technical amendment will be drafted to fix this error.) HOU: AMEND proviso to establish a $25 filing fee for administrative appeals by inmates and automatically waive the fee if an inmate filing an appeal has been declared indigent by a court of competent jurisdiction and provides proof of the declaration at the time of filing. Sponsor: Rep. Limehouse. Fiscal Impact: No impact on the General Fund. Up to $50,000 in other funds could be generated for the agency depending on the number of inmates initiating appeals who are declared indigent.55.4 DELETE NEW PROVISO (Inmate Appeals) WMC: ADD new proviso to limit the Administrative Law Judge Division’s appellate jurisdiction in inmate appeals to two types of cases: cases where an inmate contends that prison officials erroneously calculated his sentence, sentence-related credits, or custody status and cases where the department has taken an inmate’s created liberty interest as punishment in a major disciplinary hearing. Direct that the review of finalPAGE 56 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES decisions shall be done in the same manner as circuit court review. Direct that a party aggrieved by a final decision is entitled to judicial review of the decision by the circuit court under the provisions of Section 1-23-380(A). HOU: DELETE new proviso. Proviso Ruled Out of Order. Fiscal Impact: No impact on the General Fund.SECTION 56DD -D21 - GOVERNOR’S OFFICE56DD.2 DELETE (Mining Council Carry Forward) Authorizes up to $2,000 of unexpended Mining Council funds to be carried forward and spent for the same purpose. WMC: DELETE proviso. The authority is no longer needed. Funds are expended each year Fiscal Impact: None. Requested by Governor’s Office. HOU: ADOPT deletion.56DD.23 DELETE/MOVE (Continuum of Care - Carry Forward) Authorizes the Continuum of Care to carry forward funds appropriated to continue services. WMC: DELETE proviso & MOVE to DSS, Proviso 13.27. Fiscal Impact: No impact on the General Fund. HOU: ADOPT deletion.56DD.24 DELETE (Division of Women - Donations & Contributions) Authorizes the Division of Women to accept donations and contributions to provide services and to carry forward these funds. Directs that state funds will not supplement the services funded by donations or contributions. WMC: DELETE proviso. The proviso is not necessary since the division does not accept donations and contributions. Fiscal Impact: None. Requested by Governor’s Office. HOU: ADOPT deletion.56DD.25 DELETE (Division of Women - Revenue Carry Forward) Authorizes the Division of Women to retain funds received from luncheon fees and souvenir sales and to carry forward these funds. WMC: DELETE proviso. The division no longer collects any funds from fees or sales. Fiscal Impact: None. Requested by Governor’s Office. HOU: ADOPT deletion.56DD.31 DELETE (Div. on Veteran’s Affairs - Veteran’s Roster) Directs that Veteran’s Roster funds must be used to prepare, print and publish a complete roster of all South Carolina military personnel who served in the Korean Conflict, the Vietnam Conflict and Operation Desert Storm. WMC: DELETE proviso. Funding of $100,000 provided for this project has been expended, but it should be noted that the Vietnam and Korean War rosters are not complete. Fiscal Impact: None. Requested by Governor’s Office. HOU: ADOPT deletion.PAGE 57 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES56DD.32 DELETE (SLED-Vehicle Theft Unit) Directs how SLED may use Vehicle Theft Unit appropriations. WMC: DELETE proviso. These provisions were codified in FY 99-00 in Section 23-3-175. Fiscal Impact: None. Requested by SLED. HOU: ADOPT deletion.56DD.34 DELETE (Children’s, Families and Health Committee) Directs the Ad Hoc Children’s, Families and Health Committee established by the Governor to study issues relative to preventive oral health care services to South Carolina citizens who do not have regular access to such care and to submit a report to the General Assembly and the Governor by January 15, 2002. WMC: DELETE proviso. The report was to be issued by January 15, 2002. Fiscal Impact: None. Requested by Governor’s Office. HOU: ADOPT deletion.56DD.38 DELETE (Victims’ Assistance Funds Transfer) Directs OEPP to use $525,000 of Victims’ Compensation Funds carried forward from the prior fiscal year, for Victim/Witness Programs as provided in provisos 56DD.18, 56DD.19, and 56DD.20. WMC: DELETE proviso. The proviso was specifically for FY 01-02. Fiscal Impact: None. Requested by Governor’s Office. HOU: ADOPT deletion.56DD.39 DELETE (Transfer to DJJ) Directs OEPP to transfer $3,250,000 from the Victims’ Comp Fund: $1,000,000 to Prosecution Coordination Commission; $750,000 to Judicial Department; and $1,500,000 to DJJ. WMC: DELETE proviso. The proviso was specifically for FY 01-02. Fiscal Impact: None. Requested by Governor’s Office. HOU: ADOPT deletion.56DD.40 ADD (OEPP-Child Treatment Facility Providers) WMC: ADD new proviso to direct the Governor’s Office Division of Children Services to convene and coordinate a group of representatives from various state agencies to review the licensing system for child treatment facility providers. Direct that representatives from DHEC, DSS, the State Fire Marshal and Continuum of Care, along with provider agencies must be included in the group. Recommendations are to be submitted to the Ways and Means and Senate Finance Committees and the Governor’s Office by Jan. 2, 2003. Fiscal Impact: None. Requested by Governor’s Office. HOU: ADOPT new proviso.SECTION 58 - SECRETARY OF STATE’S OFFICE (E08)58.3 DELETE (Charitable Funds Solicitation - Fire Dept/Rescue Squads) Provides that a fire department or rescue squad conducting or intending to conduct a professional solicitation of charitable funds may comply with required registration and feePAGE 58 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES requirements if the local governing body in its area singly registers the multiple departments or squads annually and pays a single registration fee of $50 to the Secretary of State. WMC: DELETE proviso. The proviso has been codified in Section 33-56-45 of the 1976 Code. Fiscal Impact: None. Requested by Secretary of State’s Office. HOU: ADOPT deletion.SECTION 59 - COMPTROLLER GENERAL’S OFFICE (E12)59.2 AMEND (GAAP Implementation & Refinement) Directs the Comptroller General to prepare financial statements in accordance with Generally Accepted Accounting Principles (GAAP). Provides that the Comptroller General, as the State Accounting Officer, has the power and authority to issue accounting policy directives to state agencies. WMC: AMEND proviso to direct the Comptroller General to maintain and issue financial reports in conformance with GAAP procedures rather than to “implement” the GAAP process. Encourage agencies that desire new financial management systems to use the system endorsed and supported by the Comptroller General and to use the Consolidated Data Center’s common equipment and software. If an agency deviates from the statewide system, authorize a one-time charge to be assessed for the B&C Board to develop an interface to the Comptroller General’s systems. Updates implementation language to that of maintenance and provides a mechanism to pay for the cost of interfacing with the CG if an agency chooses to use a different system. Fiscal Impact: No impact on the General Fund. Impact on agencies would be the actual costs involved to interface with the system. Requested by Comptroller General’s Office. HOU: ADOPT proviso as amended.59.4 AMEND (Payroll Deduction Processing Fee) Requires a processing fee, not to exceed 5 cents, for payroll deductions for insurance plans, credit unions, deferred compensation plans and professional associations; directs that the proceeds are to be remitted to the General Fund; and that the fee shall not apply to charitable deductions. WMC: AMEND proviso to delete requirement that the proceeds are to be remitted to the General Fund. Authorize the Comptroller General to charge the South Carolina Lottery Commission a mutually agreed upon fee to process payroll: startup cost not to exceed $35,000 and a processing fee not to exceed $30,000 annually. Allow the revenue generated from these fees and from child support deductions to be used to support the operations of the Comptroller General’s Office. Allow unexpended funds to be carried forward and used for the same purposes. Allows the CG to charge the Lottery Commission for processing their payroll and to keep the funds generated by other payroll deductions for operation of the agency. Fiscal Impact: Loss of approximately $158,000 to the General Fund from child support deductions of $96,000 and other payroll deductions of $62,000. Lottery Commission payroll deductions are not currently remitted to the GeneralPAGE 59 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVESFund, but would generate up to $65,000 the first year and up to $30,000 annually thereafter. Requested by Comptroller General’s Office. HOU: ADOPT proviso as amended.59.7 AMEND (NonProfit Funds Report) Directs the Comptroller General to compile a report, for submission to the Senate Finance Committee and Ways and Means Committee by October 1st, on public or private funds provided through state agencies to non-profit organizations and their grantees and subgrantees, however suspend the compilation and issuance of the report for FY 2001-02. WMC: AMEND proviso to suspend to compilation and issuance of the report for FY 2002-03. Fiscal Impact: No impact on the General Fund. Requested by Comptroller General’s Office. HOU: ADOPT proviso as amended.59.8 AMEND (GASB #34 Implementation) Authorizes the Comptroller General’s Office to transfer appropriations between accounts to assure that the required implementation of GASB Statement #34 is adequately funded. HOU: AMEND proviso to also allow cash to be transferred between accounts for this purpose. Sponsor: Rep. Kelley.SECTION 60 - STATE TREASURER’S OFFICE (E16)60.4 DELETE (General Reserve Fund Transfer) Authorizes the State Treasurer to transfer $2,285,711 of General Funds on July 1, 2001 to fully fund the General Reserve Fund. WMC: DELETE proviso. The proviso is not necessary as this transfer is required in the Appropriation process. Fiscal Impact: None. Requested by State Treasurer’s Office. HOU: ADOPT deletion.60.5 AMEND (Management Fees) Authorizes the State Treasurer to charge a fee for the costs of operating and managing the Local Government Investment Pool, the Deferred Compensation Program, and the Tuition Prepayment Program and to retain and expend these funds to provide these services. Prohibit the fees from exceeding the cost of the services. WMC: AMEND proviso to add the College Investment Program. Pursuant to the enabling legislation program is to operate at no cost to the State. Fiscal Impact: No impact on the General Fund. The fee should generate $100,000 for operation of the College Investment Program. HOU: ADOPT proviso as amended.60.6 ADD (Assessments & Filing Fees) WMC: ADD new proviso to direct the State Treasurer to retain an amount equal to 1% of that portion of Municipal, Magistrate, Family, and General Sessions Courts assessments and courts of records filing fees which must be credited to the General Fund and to use these revenues to train local governments and to defray the administrative expenses of collecting andPAGE 60 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES distributing these revenues. Fiscal Impact: The BEA states there would be no impact on the General Fund. Requested by State Treasurer’s Office. HOU: ADOPT new proviso.60.7 ADD (Health Care Funding) WMC: ADD new proviso to direct the State Treasurer’s Office to transfer the entire balance from the Treasurer’s Office Subfund 4123 to the Healthcare Tobacco Settlement Trust Fund to be used along with interest earnings for funding health related issues. Fiscal Impact: No impact on the General Fund, transfers $6,180,700 of existing Other Funds. HOU: ADOPT new proviso.60.8 ADD (Excess Debt Service Funds) WMC: ADD new proviso to require the State Treasurer’s Office to carry forward $2,581,138 of Excess Debt Service from FY 01-02 and credit those funds to the General Fund in FY 02-03. Fiscal Impact: $2,581,138 non-recurring funds credited to the General Fund. HOU: ADOPT new proviso.SECTION 61 - ADJUTANT GENERAL’S OFFICE (E24)61.1 DELETE (Tuition Assistance Program) Directs that Tuition Assistance Programs funds received from students who failed to enroll or withdraw from the program may be deposited in the Tuition Assistance Program appropriation account and spent for the same purpose as the original appropriation. WMC: DELETE proviso. The Tuition Assistance Program is now the responsibility of the Commission on Higher Education. Fiscal Impact: None. Requested by Adjutant General’s Office. HOU: ADOPT deletion.61.6 DELETE (State Guard Uniforms) Provides that surplus uniforms may be used by any State Militia, but the U.S. insignia must be removed and replaced with the State insignia. WMC: DELETE proviso. These requirements are covered by Section 25-3-10. Fiscal Impact: None. Requested by Adjutant General’s Office. HOU: ADOPT deletion.61.12 ADD (Exempt National Guard Pension Fund) WMC: ADD new proviso to exempt the amount appropriated for the National Guard Pension Fund from the Adjutant General’s base budget in calculating any across-the-board cut mandated by the B&C Board or the General Assembly. Recent budget cuts have affected the pension fund. Fiscal Impact: The annual general fund appropriation was $2,499,065 for several years, but with the latest 4% mid-year cut the appropriation is down to $2,166,201. The impact would be determined by the percentage of reduction not assessed. Requested by Adjutant General’s Office. HOU: ADOPT new proviso.PAGE 61 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVESSECTION 62 - ELECTION COMMISSION (E28)62.2 AMEND (Elections Managers & Clerks Per Diem) Establishes $50 per diem as compensation for state and county elections poll managers and clerks, but limits the number of days managers may be paid for any election to two days and clerks to three days. WMC: AMEND proviso to delete the flat $50 per diem and instead establish a revised payment schedule of: $25 for training; $75 for serving on election day; and $50 for serving as clerk of the managers. Clerks shall be paid an additional $50 for any election. While the amount of total funds is the same, it is felt that reallocating the funds to provide a larger payment for service on Election Day will benefit the recruitment of qualified workers. Fiscal Impact: None. Requested by Election Commission. HOU: ADOPT proviso as amended.62.10 ADD (Penalty for Late Submission of Reimbursable Expenses) WMC: ADD new proviso to allow the Election Commission to deduct a 10% penalty from the amount of reimbursable election expenses, if such expenses are submitted by the county more than 30 days after the election is held. Direct that the county is responsible for payment of that amount. Allow the penalty to be waived if the commission determines there was a good reason for the late submission. Allow the Commission to pay county election expenses incurred in the prior fiscal year out of current year funds. Audit warnings have been issued to the commission for paying election expenses incurred in the prior fiscal year out of current year funds. This happens due to counties submitting their primary election expenses late. Fiscal Impact: No impact on the General Fund. Requested by Election Commission. HOU: ADOPT new proviso.62.11 ADD (General Election Expenses) WMC: ADD new proviso to direct the Election Commission to fund the FY 02-03 General Election by using the funds transferred to the commission in FY 01-02 for the Statewide Voter Registration System and any carried forward funds related to general and primary elections. Fiscal Impact: No impact on the General Fund. HOU: ADOPT new proviso.SECTION 63 - BUDGET & CONTROL BOARD (F03)63.1 AMEND (Civil Contingent Fund - Disbursements) Directs that disbursement of funds shall be approved by the respective division heads; directs that Civil Contingent Fund expenditures to meet emergency and contingent expenses of State Government require unanimous State Budget and Control Board approval; and prohibit the Civil Contingent Fund from being used to increase salaries. WMC: AMEND proviso to delete first sentence pertaining to division heads approval and change “Subsection” reference to “Section. Deletes obsolete language. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT proviso as amended.PAGE 62 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES63.2 AMEND (Total Quality Management Performance Excellence) Directs that the Executive Director of the B&C Board will be responsible for coordinating total quality management training efforts for state government personnel and provides guidelines for such training. Directs that the State Director of Total Quality Management is responsible for developing a quality program based on Malcolm Baldrige criteria. Requires the board to conduct a performance study on the progress of training the State’s work force and report to the General Assembly by January 15, 1999. WMC: AMEND proviso to direct that the B&C Board is responsible for coordinating training of state government agency “leaders”. Delete references to total quality management, to the State Director of Total Quality Management, and to the performance study. Direct the board to provide for a process, which allows agencies to obtain accountability report feedback and improvement suggestions, to consult with the Department of Revenue in the design of the process and improvements that may be recommended and that feedback be based on Baldrige criteria. Direct that agencies should use feedback to develop short and long-term improvement plans. Direct the board to seek key stakeholder support to ensure an adequate number of trained staff is available to perform timely assessments and direct agencies to provide staff volunteers knowledgeable in process improvement to become trained in the assessment process. This proviso needs to be updated to reflect the current management approaches to performance excellence, employing the Malcolm Baldrige principles for agencies to accomplish their missions and satisfy accountability report requirements. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT proviso as amended.63.3 AMEND (Brandenburg Coordination Committee) Directs how $50,000 appropriated for the Brandenburg Coordination Committee shall be expended and requires an annual report to be submitted detailing the activities of the committee. WMC: AMEND proviso to delete specific references to “$50,000” and to the “Executive Director” of the B&C Board and delete requirement that “an annual” report be submitted. With recent budget cuts, the appropriation for the Brandenburg Coordination Committee is no longer $50,000. Therefore, the proviso’s reference to this amount is not accurate. Fiscal Impact: None. The proposed amendment only deletes reference to a specific dollar amount so that whatever is appropriated in Part IA controls. Requested by B&C Board. HOU: ADOPT proviso as amended.63.4 DELETE (Accounting System Analysis-Interagency Study Committee) Directs the Executive Director of the Budget and Control Board to appoint interagency study committees to explore innovative solutions to system wide administrative or managerial problems. Authorizes Accounting System Analysis funds appropriated in the 93-94 Supplement Act to be carried forward and used for the same purpose. WMC: DELETE proviso. The proviso was added in FY 95-96 and the funds have been expended. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT deletion.PAGE 63 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES63.5 AMEND (Computer Services Consolidation) States the intent of the General Assembly to consolidate management of computer support services under the Budget and Control Board. Directs the board to develop a long-term strategic plan to accomplish the consolidation and centralization of all State Data Centers. Directs the board to report on implementation of the plan annually to the Governor and the Chairmen of the Senate Finance and Ways and Means Committees. WMC: AMEND proviso to reflect that consolidation will continue under current configuration and require accountability through the agency’s annual accountability report. Authorize the Board to continue with application consolidation as specified in the Consolidation Plan and to assist the Comptroller General in implementing a statewide financial management system. Encourage agencies desiring new financial management systems to use the system endorsed and supported by the Comptroller General and to use common equipment and software located in the Consolidated Data Center. Allow the board to assess a one-time charge to agencies that deviate from the statewide system in order to interface to the Comptroller General’s systems. Because the data processing requirements of the consolidated agencies have changed so dramatically in the years since the original consolidation study was published, estimates of what a non-consolidated environment might now cost require forecasts that are subjective. In addition, application consolidation will save the state money in implementing new financial management systems. Instead of the variety of systems currently in place, it is the goal of the Comptroller General to migrate the state to a uniform financial management system. Fiscal Impact: The B&C Board will save $8,840 in staff time by eliminating this reporting requirement. Requested by B&C Board. HOU: ADOPT proviso as amended.63.7 DELETE (National Guard Pension Study) Directs the B&C Board to study the National Guard Pension Fund and to submit a report to the Governor and the Chairmen of the Senate Finance and House Ways and Means Committees by January 2, 2002, on the effectiveness of the program and its fiscal status as actuarially determined. WMC: DELETE proviso. The report has been submitted. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT deletion.63.8 AMEND (BCB Realignment) Authorizes the Board to realign its budget structure for FY 01-02 to reflect actual agency operations. WMC: AMEND proviso to change fiscal year reference to FY 02-03 and to direct the Office of State Budget to change provisos references to an office or division of the board to “Budget and Control Board.” Because of the uncertainty of the way the slowdown in general fund revenue will impact the Board in its FY 02-03 budget, it is requested that the realignment proviso be continued for another year to give the agency the ability to further restructure should it be necessary. Office and division references are changed to conform with the budget realignment. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT proviso as amended.PAGE 64 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES63.9 DELETE (Southern Maritime Museum) Directs the board to enter into negotiations for the development of an agreement for the future purchase of portions of the Southern Maritime Collection. Limits funds used for this purpose to $500,000. WMC: DELETE proviso. The proviso has been implemented and is no longer necessary. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT deletion.63.12 AMEND (Fleet Management Program) States the intent of the General Assembly that the Division of Operations establish a cost allocation plan to recover the costs of operating the Fleet Management Program and authorizes the division to collect, retain, and carry forward the funds for operation of the program. WMC: AMEND proviso to delete “It is the intent of the General Assembly” language. Fiscal Impact: None. HOU: ADOPT proviso as amended.63.14 DELETE (Construct Educational Office Building) Requires the Board to work with the Department of Education, the Commission on Higher Education, and the State Board for Technical and Comprehensive Education to construct an office building to house these agencies. WMC: DELETE proviso. The deletion is requested because funds were not available FY 00-01 for construction of new office building; therefore, the proviso is not necessary. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT deletion.63.15 AMEND (Health Plan Reserve) Requires the State Health Plan to only seek a 22 day reserve fund by the end of calendar year 2001. WMC: AMEND proviso to require the plan to seek a “zero” day reserve fund by the end of calendar year 2002. Fiscal Impact: No impact on the General Fund. HOU: ADOPT proviso as amended.63.16 DELETE (State Health Insurance Plan Cost Savings Advisory Study Committee) Directs the Executive Director of the B&C Board to convene a study committee to evaluate State Health Insurance Program cost savings methodologies and to report recommendations to the Budget and Control Board by November 1, 2001. WMC: DELETE proviso. The report has been issued. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT deletion.63.17 AMEND (Wireless Communications Tower) Directs the B&C Board to coordinate tower and antenna operations within state government to maximize the use of wireless communications infrastructure and to support a statewide public safety communication system. WMC: AMEND proviso by eliminating superfluous language. Simplifies the proviso. No substantive change. Fiscal Impact: None. HOU: ADOPT proviso as amended.PAGE 65 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES63.19 DELETE (State Health Plan Date) Directs the B&C Board to approve, by August 15, a plan of benefits, eligibility and employer, employee, retiree and dependent contributions for the State Health Plan for the next calendar year. WMC: DELETE proviso. This provision was codified in H.3683 in FY 00-01. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT deletion.63.20 AMEND (Compensation - Agency Head Salary) Establishes guidelines for agency head salaries. HOU: AMEND proviso to direct that for FY 02-03 no salary increases shall be recommended for agency heads. Sponsor: Rep. Kirsh.63.22 DELETE (Vacancy Report/Appropriations for Compensation/Quarterly Allocations) Authorizes the B&C Board to require periodic reports from agencies reflecting actual compensation requirements during the year and to allot such amounts to agencies on a quarterly basis as necessary to meet actual requirements. WMC: DELETE proviso. Agencies do not receive quarterly allocations. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT deletion.63.23 AMEND (Compensation - Increase Eligibility) Directs that statewide elected officials, constitutional officers, temporary positions, and agency head are not eligible for compensation increases provided in this act unless otherwise specified in this act. WMC: AMEND proviso to change “specified in this act” to “specified in law.” Ensure that as other provisos relating to compensation are codified, the reference in the proviso will be correct. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT proviso as amended.63.27 AMEND (Vacant Positions) Authorizes the B&C Board to delete any permanent position in an agency that remains vacant for more than one year but for FY 01-02 suspends this requirement. WMC: AMEND proviso to change “FY 01-02” to “FY 02-03.” Due to current budget issues, the suspension of the annual deletion of FTEs should continue for FY 2002-03. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT proviso as amended.63.28 DELETE (Employee Pay) Establishes an employee pay plan for FY 01-02. WMC: DELETE proviso. No employee pay plan is recommended for FY 02-03. Fiscal Impact: None. HOU: ADOPT deletion.63.30 DELETE (Confederate Relic Room Location) Requires that the War Memorial Building continue to be used by the Confederate Relic Room and transfers the custody and control of the building to the Budget and Control Board.PAGE 66 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVESWMC: DELETE proviso. The Museum relocated in July 2001 to the Columbia Mills Building. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT deletion.63.33 AMEND (Donations) Authorizes the Confederate Relic Room to receive donations of funds, artifacts and admission fees and to spend these funds for restoration, preservation, acquisition and display of the collection. WMC: AMEND proviso to allow the funds to be used for “support operation” of the collection. Allow the funds to be used for purposes such as the hiring of an intern, which might be needed due to the current budget situation. Fiscal Impact: No additional impact. Requested by B&C Board. HOU: ADOPT proviso as amended.63.34 AMEND (Confederate Museum Relocation) States the intent of the General Assembly that the Confederate Museum relocate to the Columbia Mills Building as soon as space becomes available where it will be retained as a separate facility under the B&C Board. HOU: AMEND proviso to delete the intent language and instead state that the Confederate Museum be retained as a separate entity under the B&C Board. Sponsor: Rep. Kirsh.63.39 DELETE (Salary Study) Requires the Board to contract for a salary study for constitutional officers and members of the General Assembly and to submit a report that includes recommendations to the Senate Finance and Ways and Means Committees by January 15, 2002. WMC: DELETE proviso. The study has been completed. Fiscal Impact: None. Requested by Budget and Control Board. HOU: ADOPT deletion.63.43 DELETE (Carry Forward - BCB Infrastructure Grant Fund) Authorizes unexpended FY 93-94 Supplement Appropriation Infrastructure Grant Revolving Fund monies to be carried forward and used for funding infrastructure projects in economically distressed areas. WMC: DELETE proviso. The funds have been expended. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT deletion.63.50 ADD (Career Growth Opportunity) WMC: ADD new proviso to direct the Budget and Control Board to provide policy recommendations for creating state employee career growth opportunities and succession planning based on skills, education and performance or other significant factors. Require that the recommendations include at a minimum, an analysis of current career growth opportunities, priority needs within and between agencies, current resources used, a determination of additional funding needs and an implementation plan. Direct thatPAGE 67 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES recommendations are to be provided to the Governor’s Office and the Senate Finance and Ways and Means Committees by December 1, 2002. HOU: ADOPT new proviso.63.52 ADD (Mandatory Furlough) WMC: ADD new proviso to authorize agency heads to institute an employee furlough program of not more than ten working days in a fiscal year in which the general funds appropriated for the agency, institution or department are less than the general funds appropriated in the preceding fiscal year or when the General Assembly or B&C Board implements a midyear across-the- board reduction; to require all employees, regardless of the source of funds, to be included in the furlough program, including agency heads; to direct that the agency head has scheduling discretion, however the agency should not close completely; to provide that employees are entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries; to direct that benefits that require employer and employee contributions, including but not limited to contributions to the Retirement System or the optional retirement program, are to be the responsibility of the employer if coverage would otherwise be interrupted and to make the benefits which only require employee contributions the responsibility of the employee; to direct that placement of an employee on furlough is not grievable or appealable under the State Employee Grievance Act; to state that if an agency’s reduction is due solely to the General Assembly transferring or deleting a program this provision does not apply; to direct that implementation of the furlough program is on an agency-by-agency basis; and to authorize agencies to allocate the employee’s reduction in pay over the balance of the fiscal year for payroll purposes. HOU: ADOPT new proviso.63.53 ADD (Residential Group Care Facility Insurance Participation) WMC: ADD new proviso to direct that a residential group care facility which provides on-site teaching for residents is eligible to participate in the State Health and Dental Insurance Plan if the facility’s employees are currently members of the Retirement System or if it provides educational facilities on its grounds, at no cost, to the local school district. Fiscal Impact: No impact on the General Fund. HOU: ADOPT new proviso.63.54 ADD (Local Provider Health Insurance) WMC: ADD new proviso to direct that Department of Disabilities and Special Needs local health care providers shall be allocated funding increases as given to state agencies to cover the employer’s share for the cost of providing health and dental insurance. To ensure that the local health care providers are factored into the insurance funding allocation. Fiscal Impact: $339,243 is the estimated cost for rate increase effective 1/1/03. HOU: ADOPT new proviso.63.55 ADD (Health Plan Participation) WMC: ADD new proviso to allow the South Carolina Primary Health Care Association and federally qualified health centers toPAGE 68 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES participate in the state health and dental insurance plans subject to the terms and conditions of Section 1-11-720. Fiscal Impact: No impact on the General Fund. HOU: ADOPT new proviso.63.56 ADD (Capitol Complex Rent Exemption) WMC: ADD new proviso to exclude the amount appropriated to the B&C Board for Capitol Complex Rent from the Board’s base budget when calculating any across-the-board reduction mandated by the B&C Board or the General Assembly. Fiscal Impact: The amount affected would depend on the percentage of the reduction. Requested by B&C Board. HOU: ADOPT new proviso.63.57 ADD (Technology Initiative) WMC: ADD new proviso to direct the B&C Board to use $500,000 to support partnerships that further initiatives to align higher ed programs with technology-intensive industry needs. Fiscal Impact: No impact on the General Fund. HOU: ADOPT new proviso.63.58 ADD (Geodetic Mapping Program) WMC: ADD new proviso to direct the board to use $354,000 for the Geodetic Mapping Program. Fiscal Impact: No impact on the General Fund. HOU: ADOPT new proviso.63.59 ADD (State Health Insurance Plan Financing Advisory Study Committee) WMC: ADD new proviso to direct the Executive Director of the Budget and Control Board to convene a study committee to evaluate the State Health Insurance Plan’s financial structure and make recommendations on how to financially stabilize the Plan. Require that the committee include experts in evaluating financial management systems. Direct the report be provided to the B&C Board and to the Chairmen of the Senate Finance and House Ways and Means Committees by January 1, 2003. Fiscal Impact: No impact on the General Fund. HOU: ADOPT new proviso.63.60 ADD (Lottery & Infrastructure Bank Health Insurance) WMC: ADD new proviso to allow the SC Lottery Commissioners and the SC Transportation Infrastructure Bank Board members and their eligible dependents to participate in the State Health and Dental Insurance Plan upon paying the full premium costs as determined by the B&C Board. Fiscal Impact: No impact on the General Fund. HOU: ADOPT new proviso.63.61 ADD (Adoption Assistance Program) WMC: ADD new proviso to establish the Employee Adoption Assistance Program to provide grants to eligible employees to assist with the direct costs of adoption. Direct that the program shall be an employee benefit through the Employee Insurance Program; shall be funded from State Health Plan appropriations; and that funding shall not exceed $700,000 annually. Provide guidelines for eligibility and establish that the maximum grant amount is $10,000 for the adoption of a special needs child and $5,000 for otherPAGE 69 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES adoptions. Direct that if the amount needed to fund grants exceeds $700,000, the amount of the grant will be determined by dividing the $700,000 evenly among the number of qualified applicants, with a special needs child qualifying for twice the benefit of a non-special needs child. Fiscal Impact: Cost of $700,000 to the Health Insurance Plan. HOU: ADOPT new proviso.63.62 ADD (Family Sick Leave) HOU: ADD new proviso to allow state employees who earn sick leave, for FY 02-03, to use 10 days rather than 8 days for family sick leave. Sponsor: Rep. J. E. Smith.63.63 ADD (McEachern Parking Facility) HOU: ADD new proviso to direct that the Pendleton Street main entrance of the McEachern Parking Facility be accessible from any direction except from 4:30 to 5:30 pm when traffic is routed out of the facility and that the Assembly Street exits be open from 4:00 to 6:00 pm. Sponsor: Rep. Kelley.63.64 ADD (Agency Head Salaries) HOU: ADD new proviso to prohibit the Agency Head Salary Commission from increasing the salary of an agency head during the current fiscal year unless all state employees receive an across the board salary increase. Sponsors: Reps. Knotts, Bingham, Frye, Huggins, Koon, Riser, & Stuart.63.65 ADD (Privatization Study) HOU: ADD new proviso to direct the B&C Board to study the cost and cost savings associated with privatizing the LLR’s enforcement of the SC Elevator and SC Amusement Rides Safety Codes and report their findings and recommendations to the appropriate General Assembly committees by January 1, 2003. Sponsor: Rep. Fleming.63.66 ADD (Colleton County Veterans Nursing Home) HOU: ADD new proviso to direct the B&C Board to review the project for a 280 bed veteran nursing home facility in Colleton County. State that the General Assembly finds that the home is in the best interests of the State and commits to the project and authorizes the board to notify the U.S. Department of Veteran Affairs of this support. Direct the board to assist in identifying funding to the extent that additional funding is needed to meet expenses before the end of the fiscal year and expresses the intent that this project begin as soon as practicable. Sponsor: Rep. Bowers.SECTION 63A - B&C BOARD, STATE AUDITOR’S OFFICE (F27)63A.5 ADD (Annual Financial Report) WMC: ADD new proviso to direct that each state agency shall pay the State Auditor an equitable portion of the expense of contracting with a nationally recognized CPA firm to conduct a portion of the audit of the State’s Comprehensive Annual Financial Report prepared by the Comptroller General’s Office. Provide that the State Auditor will determine each agency’s share, based on invoices provided by the State Auditor when the annual audit is complete. Direct that the estimated cost per year for the next 5 years shall notPAGE 70 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES exceed $240,000 and that the audit shall be re-bid every 5 years. Fiscal Impact: No impact on the General Fund. HOU: ADOPT new proviso.SECTION 63B - BUDGET AND CONTROL BOARD, EMPLOYEE BENEFITS (F30)63B.7 DELETE (State Employee Adoption Assistance Program) Directs that the State Employee Adoption Assistance Program is continued, moves its administration from DSS to the B&C Board, and establishes grant guidelines. HOU: DELETE proviso. New Proviso 63.61 provides guidelines. Sponsor: Rep. Kirsh. HOU: ADOPT deletion.SECTION 64 - DEPARTMENT OF REVENUE (R44)64.8 DELETE (Credit Card Payment of Delinquent Taxes) Authorizes the Department of Revenue to accept credit card payment for delinquent taxes. WMC: DELETE proviso. This authority is contained in Section 12-5-780 of the 1976 Code. Fiscal Impact: None. Requested by Department of Revenue. HOU: ADOPT deletion.64.10 DELETE (Collection Fees) Authorizes the department to charge and retain a fee for collection efforts made on behalf of a governmental entity and to expend and carry forward these funds. WMC: DELETE proviso. This authority is contained in Section 12-4-580(B) of the 1976 Code. Fiscal Impact: None. Requested by Department of Revenue. HOU: ADOPT deletion.64.12 AMEND (Administrative Fees) Authorizes the department to impose a $35 fee for each certificate of compliance and informal nonbinding letter concerning eligibility for infrastructure credits against the license tax that it issues. Requires the fee to be retained and expended for budgeted operations. WMC: AMEND proviso to increase the charge for each certificate of compliance from $35 to $60. The department has determined that the cost to issue a certificate of compliance is actually $60. The infrastructure letter is not affected. Fiscal Impact: The BEA estimates the increase would generate an additional $75,000 for the department. Requested by Department of Revenue. HOU: ADOPT proviso as amended.64.13 DELETE (Debt Setoff Program) Exempts the IRS from state notice requirements related to debt setoff. WMC: DELETE proviso. This exemption is contained in Section 12-56-120 of the 1976 Code. Fiscal Impact: None. Requested by Department of Revenue. HOU: ADOPT deletion.PAGE 71 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES64.14 ADD (Tax Amnesty) WMC: ADD new proviso to establish a reprieve period to waive penalties and one-half of the interest imposed under Title 12 {Taxation} payable to the Department of Revenue for any taxpayer who pays all taxes, interest and costs owed. Establish that the reprieve period for payment of reprieve tax debt is from October 15 through November 30, 2002 and that the Department of Revenue shall not pursue criminal prosecution during this period and accepts payment of the reprieve tax debt as payment in full. Provide guidelines for the granting of a reprieve. Allow the department reimbursement of costs associated with administering this proviso, not to exceed 20% of the reprieve collections and allow the department to retain and expend these funds for budgeted operations. Provide guidelines for rescinding the reprieve. Authorize a 20% collection assistance fee to be imposed and direct that 10% of the fee must be credited to a special account within the department to be applied to the costs of collecting tax debts, educating taxpayers, reduce enforced collection costs and other administrative costs as approved by the Director. Authorize the department to sue in courts of other states for taxes legally due this State. Direct that penalties assessed under certain sections of the Code are not eligible for abatement under the reprieve. Direct that no refunds can be generated due to the reprieve. Direct that the collection assistance fee is effective for tax debts incurred before 12/1/02 that remain outstanding on 12/1/02, and all tax debts incurred after 12/1/02. Fiscal Impact: The BEA estimates that this would generate approximately $5,000,000 to the General Fund for FY 02-03. HOU: ADOPT new proviso.64.15 ADD (Installment Agreements) WMC: ADD new proviso to authorize the department to charge a $45 fee for entering into installment agreements to pay tax liabilities and to retain and expend the fee for budgeted operations. Allows the department to recover costs associated with systems, additional mailing costs, and personnel associated with installment agreements. Fiscal Impact: The BEA estimates that approximately $250,000 would be generated for the department. based on the 5,556 installment agreements that are processed annually. Requested by Department of Revenue. HOU: ADOPT new proviso.64.16 ADD (Data Warehousing) WMC: ADD new proviso to authorize the department to contract with private industry to establish data mining and data warehousing capabilities within the department to enhance compliance and collections. Provide that arrangements may include payment from the increased revenue generate by such capabilities Enhance compliance and collections to generate more revenue for the state. The CIO has agreed that this proviso is needed. Fiscal Impact: Only a percentage of the increased revenue for the contract period may be affected. Requested by Department of Revenue. HOU: ADOPT new proviso.64.17 ADD (County Allocation Adjustments) WMC: ADD new proviso to allow the department, notwithstanding the limits on adjustments of local option sales taxPAGE 72 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES collections, to make adjustments within the county allocations for FY 01-02 during FY 02-03. Fiscal Impact: No impact on the General Fund. HOU: ADOPT new proviso.64.18 DELETE NEW PROVISO (Religious 501(c)(3)) WMC: ADD new proviso to allow 501(c)(3) corporations that are organized exclusively for religious purposes to apply to the department for a refund of all fees. Direct the department to make the refund to the facility quarterly. HOU: DELETE new proviso. Sponsor: Rep. Rice64.19 ADD (Temporary Permits) HOU: ADD new proviso to direct that if any part of a municipality approves the issuance of 24 hour temporary liquor permits (Section 61-6-2010), the department may issue temporary permits in all parts of that municipality. Sponsors: Reps. Merrill and Kelley.SECTION 65 - STATE ETHICS COMMISSION (R52)65.2 ADD (Enforcement Administrative Charges) WMC: ADD new proviso to authorize the State Ethics Commission to impose an enforcement/administrative fee to individuals violating the Ethics Act in order to reimburse specific costs associated with the investigation of and hearings into the violations. Provide that this fee is in addition to any and all fines otherwise provided by law. Shift the burden of costs to the guilty party rather than to the state. Fiscal Impact: It is anticipated that approximately $3,000 to $4,000 would be generated. Requested by Ethics Commission. HOU: ADOPT new proviso.SECTION 66 - PROCUREMENT REVIEW PANEL (S60)66.1 ADD (Filing Fee) WMC: ADD new proviso to authorize the Procurement Review Panel to charge a $250 filing fee to the party requesting an administrative review under Sections 11-35-4210(6), 11-35-4220(5), 11-35-4230(6) and/or 11-35- 4410(4) of the S.C. Code of Laws. Direct the agency to retain the funds generated by the filing fee and to use such fees for agency operations. Require forfeiture of the filing fee when an appeal is withdrawn. Allow for waiver of the fee in case of hardship. The Procurement Review Panel is entirely supported by State funds and has no revenue generating mechanism. This proviso will allow the panel to offset some of the increasing costs of operations. Fiscal Impact: $250 per hearing. An average of ten hearings per year would generate $2,500 in other funds. Requested by Procurement Review Panel. HOU: ADOPT new proviso.SECTION 69A - X12 - AID TO SUBDIVISIONS, COMPTROLLER GENERAL69A.3 ADD (Property Tax Relief Reimbursement) WMC: ADD new proviso to direct that funding for state reimbursements for the Property Tax Relief Fund shall be thePAGE 73 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES same amount as in the prior fiscal year except for the estimated growth in the seniors’ homestead exemption and manufacturer’s depreciation. Fiscal Impact: $12,585,000 impact on the General Fund. HOU: ADOPT new proviso.SECTION 69B - AID TO SUBDIVISIONS - STATE TREASURER (X22)69B.1 DELETE (State Aid to Subdivisions Distribution) Provides that the 2000 Census Dress Rehearsal results shall not be used to distribute State Aid to Subdivisions funds. WMC: DELETE proviso. The 2000 Census data has been received. Fiscal Impact: None. Requested by State Treasurer’s Office. HOU: ADOPT deletion.69B.2 DELETE (State Aid to Subdivisions Distribution) Requires that Local Government Fund appropriations must be used to make current fiscal year July, October, January and April distribution to counties and municipalities. WMC: DELETE proviso. This was a clarifying proviso. The administrative change has been made permanent. Fiscal Impact: None. Requested by State Treasurer’s Office. HOU: ADOPT deletion.SECTION 72 - GENERAL PROVISIONS (X90)72.3 AMEND (Appropriations From Funds) Directs that funds appropriated from the General Fund, EIA Fund, Highways and Public Transportation Fund and other applicable funds are to meet the ordinary expenses of the State for FY 2001-02. WMC: AMEND proviso to update fiscal year references to 2002-2003. Technical. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT proviso as amended.72.4 AMEND (Fiscal Year Definitions) Defines current and prior fiscal year time frames. WMC: AMEND proviso to update fiscal year references. Technical. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT proviso as amended.72.17 DELETE/MOVE (Family Foster Care Payments) Directs DSS to furnish Family Foster Care payments for individual foster children under their sponsorship, establishes the payment rate and identifies the basic needs for which these funds are to be used. WMC: DELETE proviso and MOVE to DSS, Proviso 13.25. Fiscal Impact: None. HOU: ADOPT deletion.PAGE 74 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES72.20 AMEND (Educational Fee Waivers) Authorizes higher education institutions to provide fee waivers and limits the total amount of these waivers to 2% of the undergraduate student body. WMC: AMEND proviso to change “Senior colleges, universities and technical colleges” to “Public institutions of higher learning, as defined in Section 59-1-3-5.” Clarifies term senior colleges, which is not defined under statutes. Fiscal Impact: None. HOU: ADOPT proviso as amended.72.21 AMEND (Client Masterfile System SC Health & Human Services Data Warehouse) Establishes the Client Masterfile System to coordinate and integrate client information. Requires certain agencies to provide information to the Budget and Control Board for development and use of a uniform client application database for statistical purposes and to improve human services delivery systems. WMC: AMEND proviso to change the “Client Masterfile System” to the “South Carolina Health and Human Services Data Warehouse”; expand the use of data by directing that data across state agencies will be linked to improve client outcome measures; delete specific agencies from the reporting requirement; clarify the language regarding data formats; add specific language as to what at a minimum will be included in the Memorandum of Agreement; and delete requirement for state agencies to seek federal waivers. The Health Insurance Portability and Accountability Act of 1996 requires statutory authority to collect and use data that identifies an individual seeking medical care and prescribes the confidentiality of all patient identifiable data for medical encounters. The proposed changes provide the board with the legal authority to collect and use this data and to enter into Memorandums of Agreement specifying how the data may be disseminate. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT proviso as amended.72.28 AMEND (Personal Service Reconciliation, FTEs) ) Requires the Budget and Control Board to monitor FTEs. WMC: AMEND proviso to delete the intent of the General Assembly language. AMEND FURTHER to continue the suspension of the requirements of subitem 2(c) and subitem 4 pertaining to the deletion of unfunded or significantly underfunded FTEs for FY 2002-03. Due to current budget issues, the suspension of the annual deletion of FTEs should continue for FY 2002-03. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT proviso as amended.72.30 AMEND (MUSC Hospital Services Rates) Authorizes the Board of the Medical University Hospital Authority to provide hospital services to state employees and officials of state government at a rate not to exceed the payment rates to hospitals provided by the employee’s insurance program(s). Excludes private physician fees, psychiatry, and all dental. WMC: AMEND proviso to change “Board of the Medical University of South Carolina” to “Board of the Medical University Hospital Authority” and includePAGE 75 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES psychiatric hospital services to the hospital services provided. To comply with Mental Health parity legislation passed in 2000. Fiscal Impact: None. Requested by Medical Hospital Authority. HOU: ADOPT proviso as amended.72.36 AMEND (Travel - Subsistence Expenses & Mileage) Establishes guidelines for travel, subsistence, and mileage expense reimbursements. WMC: AMEND proviso subsection J. by stating that the standard business mileage rate used in calculating the mileage reimbursement for use of a personal vehicle shall be the lesser of 34.5 cents per mile or the current rate established by the IRS. Caps the reimbursement rate at 34.5 cents and automatically reduces the rate below 34.5 cents if the IRS reduces their standard rate. Fiscal Impact: None unless the IRS rate was lowered from 34.5 cents per mile, then expenditures would be reduced. Requested by Comptroller General’s Office. HOU: ADOPT proviso as amended.72.37 DELETE (State Ports Authority Funds - Rent) Requires that funds resulting from the rental, lease, or sale of any State Port Authority facility shall be spent for the benefit of the port where such facilities are located. WMC: DELETE proviso. This proviso is redundant because the Ports Authority’s enabling legislation addresses the viability and existence of seaports in Georgetown, Port Royal and Charleston. Significant capital investments have been made in all three ports to ensure commercial viability and have not been limited by the individual port’s revenue generation. Fiscal Impact: None. Requested by State Ports Authority. HOU: ADOPT deletion.72.40 AMEND (Information Technology - Report of Requested Increases) Authorizes and directs the B&C Board, through the Division of Budget and Analyses, to compile and evaluate state agency requests for information technology, except for higher education institutions and forward the evaluation to the Governor and the Chairmen of the Senate Finance and Ways and Means Committees. WMC: AMEND proviso to delete reference to the Division of Budget and Analyses. Technical. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT proviso as amended.72.41 AMEND (Printing Costs Disclosure on State Publications) Requires printing costs to be disclosed on the last page of all bound publications. Allows for certain exemptions from the requirement. WMC: AMEND proviso to change the “Legislative Printing and Information Technology Resource” reference to “Legislative Printing, Information and Technology Systems.” Technical. LIS and LIPTR were merged into a new entity. Recommended by Office of State Budget. HOU: ADOPT proviso as amended.PAGE 76 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES72.43 AMEND (Carry Forward) Authorizes agencies to carry forward up to 10% of unspent general fund appropriations from the prior fiscal year and establishes the procedure for calculating the 10%. Authorizes remaining appropriation reduction account balances to be returned to state agencies and carried forward if the total appropriation reduction exceeds the funds needed to avoid a deficit in the prior fiscal year. Suspends the proviso if necessary to avoid a year-end general fund deficit and directs the amount of funds needed to be proportionately reduced from each agency’s carry forward. Authorizes the use of carry forward funds to provide selected employees with a one-time lump sum bonus, not to exceed $1,000. Authorizes the employer, in lieu of paying the bonus to the employee, to make a discretionary nonelective contribution to the employee’s 401(k) account with the Deferred Compensation Commission. Authorizes agencies to carry forward unspent funds set-aside for the Littlefield case and directs that these funds should only be spent to pay former state employees for lost annual leave in excess of 45 working days. WMC: AMEND proviso to delete the authority to make a discretionary nonelective contribution to the employee’s 401(k) account with the Deferred Compensation Commission in lieu of paying the bonus to the employee. HOU: ADOPT proviso as amended.72.44 AMEND (Publication List for General Assembly) Directs that, with specific exceptions, state agencies are not to provide the General Assembly with hard copies of publications, whether or not the publication is required to be furnished to the General Assembly by law, unless a member requests the publication. Such documents may be furnished to LPITR in an electronic format. Authorizes a hard copy to be published if the Speaker of the House and the President Pro Tempore of the Senate so authorize. WMC: AMEND proviso to change the LPITR references to LPITS, Legislative Printing, Information and Technology Systems. Technical. LIS and LIPTR were merged into a new entity. Requested by LPITS. HOU: ADOPT proviso as amended.72.45 AMEND (Regulatory Audit) Directs each agency to conduct a jurisdictional audit to identify laws, regulations and provisos that are not used or no longer need to be regulated and to draft repeals for submission to the General Assembly. WMC: AMEND proviso to direct that the drafts be submitted to the appropriate standing committee by January 31, 2003. Fiscal Impact: None. HOU: ADOPT proviso as amended.72.46 DELETE (Written Notice of Fee Changes) Requires state agencies which have the authority to impose charges, fines, fees, levies or penalties to give written notice prior to collection, if requested by the person affected by or subject to the assessment. Directs that the notice must cite the statutory or regulatory provision authorizing the imposition of the assessment. WMC: DELETE proviso. Fiscal Impact: No impact on the General Fund. HOU: ADOPT deletion.PAGE 77 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES72.47 AMEND (TEFRA-Tax Equity and Fiscal Responsibility Act) States the intent of the General Assembly that the State Medicaid Plan be amended to provide benefits for disabled children as allowed by TEFRA and directs that state agencies, including but not limited to the Office of the Governor-Continuum of Care, DHEC, DMH, DDSN and DHHS are to collectively review and identify existing state appropriations within their budgets that can be used as state match. WMC: AMEND proviso to change the Office of the Governor-Continuum of Care reference to the Department of Social Services-Continuum of Care. Fiscal Impact: No impact on the General Fund. The Continuum of Care has been transferred from the Governor’s Office to DSS in this budget. HOU: AMEND proviso to direct that agencies providing services under this proviso must not spend less in the current fiscal year than they spent the previous fiscal year. Sponsor: Rep. Loftis.72.48 DELETE (Federally Declared Disaster Reimbursement) Authorizes agencies, colleges and universities that received prior disaster reimbursements from federally declared disasters, but which have not received full reimbursement, to seek further reimbursement and to retain these funds for use within the agency’s budget. WMC: DELETE proviso. This proviso was associated with Hurricane Hugo. All reimbursements have been received and the funds have been expended. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT deletion.72.51 AMEND (Out-of-State Travel Report) Requires the Comptroller General to produce an annual report listing detailed information on state employee travel expenses, but suspends the report for Fiscal Year 2001-02. WMC: AMEND proviso to suspend the report for FY 02-03. Due to recent budget reductions, the resources required to perform this report are limited. Fiscal Impact: No impact on the General Fund. Requested by Comptroller General’s Office. HOU: ADOPT proviso as amended.72.52 AMEND (School Technology Initiative) Establishes guidelines for operation and funding of the K-12 Technology Initiative. WMC: AMEND proviso to change the authority for the Budget and Control Board to retain and carry forward these funds to instead direct that K-12 technology initiative funds shall be retained and carried forward. The Department of Education, the Budget and Control Board, the State Library and ETV each need the authority to retain and carry forward the K-12 technology initiative funds which they receive. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT proviso as amended.72.54 AMEND (Base Budget Analysis) Directs that agency accountability reports must be accessible to the Governor, the Senate Finance and Ways and Means Committees, and to the public on or before September 1.PAGE 78 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVESWMC: AMEND proviso to change the timeframe from September 1 to September 15. Agencies need more time to complete the report. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT proviso as amended.72.65 DELETE (Contract Employee Report) Directs state agencies to report to the Budget and Control Board certain information on any contract employee whose contacted compensation exceeds $25,000. WMC: DELETE proviso. Contract employees are not recognized in South Carolina. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT deletion.72.68 AMEND (Downsizing/Realigning Resources Voluntary Separation Incentive Program) Allows state agencies to implement a voluntary separation incentive program for realignment or permanent downsizing and requires state agencies to report the results to the B&C Board by August 15, 2002. WMC: AMEND proviso to delete the mandate that positions, which become vacant due to the separation incentive may not be refilled and must be deleted. Delete reference to the LEORI program. Require state agencies to report the prior year’s results to the B&C Board by August 15 of the current fiscal year. The voluntary separation incentive program would provide maximum flexibility to state agencies by allowing them to decide whether to fill a vacant FTE or fill a vacant FTE at a lower cost rather than being mandated to delete the FTE. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT proviso as amended.72.69 AMEND (Flexibility) Provides agencies with flexibility in managing base reductions during FY 01-02. WMC: AMEND proviso to delete language that pertains to the FY 01-02 base reduction and the authority for agencies to reduce funds specifically directed by proviso. For FY 02-03 authorize agencies to spend agency earmarked and restricted “special revenue funds” to maintain critical program previously funded with general fund appropriations. Delete the requirement that State matching funds under Title V, Section 510 must continue to be under contract at the same funding level for the same purpose for the current fiscal year. Fiscal Impact: No impact on the General Fund. HOU: ADOPT proviso as amended.72.70 DELETE (First Steps Carry Forward Funds) Requires $25,000,000 of First Steps Carry Forward Funds to be carried forward from FY 00-01 and credited to the General Fund in FY 01-02 to be spent on education. WMC: DELETE proviso. Proviso applied to FY 2001-02. Fiscal Impact: None. Requested by Department of Education. HOU: ADOPT deletion.PAGE 79 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES72.74 DELETE (Excess Subfund 3047 Funds) Directs the State Treasurer to transfer $1,121,585.48 of Low Level Nuclear Waste Funds contained in Subfund 3047 to the State Election Commission for the Statewide Voter Registration System. WMC: DELETE proviso. Proviso was for a one-time use of excess funds in FY 01-02. Fiscal Impact: None. Requested by State Treasurer’s Office. HOU: ADOPT deletion.72.77 AMEND (Federal Matching Funds) Directs all state agencies to study what federal matching funds are or may be available to the agency and to report the findings to the General Assembly before October 1, 2001. WMC: AMEND proviso to direct that the reports be submitted to the Senate Finance and Ways and Means Committees by October 1, 2002. Fiscal Impact: None. HOU: ADOPT proviso as amended.72.78 AMEND (State Funded Libraries - Web Filters) Requires any library that receives state funds, except those in higher education, that have computers available for use by the public or students, to equip these computers with web-filtering software or lose 50% of their state funding. Requires that up to 10% and at least one of the library’s computers must be unfiltered. WMC: AMEND proviso to specify that each library’s governing officials shall determine the physical location of any unfiltered computers. Fiscal Impact: None. HOU: ADOPT proviso as amended.72.79 AMEND (Audits of County Records) Directs the council to provide for an independent annual audit of all financial records and transactions of the county and of an agency wholly funded by county funds and allows the council to provide for more frequent audits if necessary. Require that a copy of the audit be submitted to the Comptroller General by January 1st each year and allow the Comptroller General to extend the time for good cause. Require the Comptroller General, if the report and extension is not timely filed, to withhold the distribution of funds to the county in Fiscal Year 2001-02 until a copy of the report is received. WMC: AMEND proviso to change the “fiscal year 2001-02” to “the current fiscal year.” Fiscal Impact: None. HOU: ADOPT proviso as amended.72.84 DELETE (Extended Care Maintenance Fund Transfer) Directs the State Treasurer to transfer $38,500,000 from the Extended Care Maintenance Fund to various agencies. WMC: DELETE proviso. Proviso applied to FY 01-02. Fiscal Impact: None. Requested by Comptroller General’s Office. HOU: ADOPT deletion.72.85 DELETE (Non-Recurring Appropriations) Directs that various state agencies must transfer or lapse, as appropriate, $35,887,401 of FY 2000-01 funds to the General Fund. Direct that the $34,045,385 of the funds identified is appropriatedPAGE 80 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES or transferred for FY 2001-02 to various state agencies for specific purposes. Direct that these appropriations are to be funded on a pro-rata basis if revenue falls below the anticipated amount. Authorize unexpended funds to be carried forward and used for the same purposes. Prohibit any appropriation in this provision from being paid before September 1, 2001 or the date the Comptroller General closes the books on FY 2000-01. WMC: DELETE proviso. Proviso applied to FY 01-02. Fiscal Impact: None. Requested by Comptroller General’s Office. HOU: ADOPT deletion.72.86 DELETE (Other Funds Reduction) Directs agencies to transfer $28,073,097 from earmarked and restricted subfund accounts designated as Special Revenue Funds to the General Fund within the first quarter of FY 01-02. Directs $300,000 to be appropriated or transferred to certain agencies for specified purposes. Note: Portions of this proviso were vetoed by the Governor and removed from the base. WMC: DELETE proviso. Proviso applied to FY 01-02. Fiscal Impact: None. Requested by B&C Board. HOU: ADOPT deletion.72.90 ADD (MIS Cost Savings) WMC: ADD new proviso to require the State’s Chief Information Officer (CIO) to develop and implement an Integrated Health and Human Services Management Information System to improve agencies’ efficiency and effectiveness and to reduce costs. Require the CIO to prepare short and long range plans and require the B&C Board to approve the plans and associated costs before the plans can be implemented. Authorize the CIO to charge agencies to implement the new systems. Direct that when a plan is approved, all information relating to the costs and savings to the state and to agencies shall be forwarded to the Governor’s Office, participating agencies, and to the Chairmen of the Ways and Means and Senate Finance Committees. State that a plan for implementing one system for eligibility determination and coordination is a priority. Direct DHHS, DMH, DDSN, DHEC, DSS, DAODAS, Voc. Rehab, and the Commission for the Blind to cooperate and participate as directed by the CIO and authorize the CIO to require other state agencies to participate. Require the CIO to compile and publish on its website, by Sept. 30, 2002, an itemized listing, by source of fund, of all current information related technology expenditures of the participating agencies. Fiscal Impact: Some costs to the B&C Board in developing the plan. Costs of implementing the system are to be paid for by participating agencies. HOU: ADOPT new proviso.72.91 ADD (Joint Committee on Medicaid) WMC: ADD new proviso to establish a six member Joint Committee on Medicaid to (1) study the State Medicaid Plan, the Federal laws pertaining to the program, and all other laws of the State which affect the Medicaid program; (2) compare this state’s Medicaid program structure with that of other states; (3) recommend changes in the Medicaid program structure; (4) provide for revising state laws and the State Medicaid Plan to develop a more easily understood, financially manageable, and stable system; and (5) recommendPAGE 81 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES amendments to the State Medicaid Plan. Authorize the committee to hold public hearings, receive testimony and call for assistance from any State employee, State agency, or political subdivision. Direct that expenses of the study committee are to be paid from appropriated funds of the House and Senate. Require the Joint Committee to make reports and recommendations to the General Assembly and the Governor by the beginning of the 2003 Legislative Session. Fiscal Impact: $300,000 appropriated for this purpose ($150,000 each to the House and Senate). HOU: ADOPT new proviso.72.92 ADD (Relocation RFP) WMC: ADD new proviso to require all state agencies which consider relocating or expanding to consider all statewide locations by issuing a statewide RFP through county economic development boards and to give special consideration to counties located in the least developed classification as provided by Section 12-6-3360. Direct that economic incentives to relocate or expand must be paid to the agency by the county. Direct that state agencies must select the most favorable location based on the needs of the agency addressed in the RFP. Fiscal Impact: No impact on the General Fund. HOU: ADOPT new proviso.72.93 ADD (Across the Board Reductions) WMC: ADD new proviso to encourage state agencies to reduce general operating expenses before reducing programs, special line items, or local provider services critical to the agency’s mission when spreading any across-the-board cut mandated by the B&C Board or the General Assembly. Fiscal Impact: No impact on the General Fund. HOU: ADOPT new proviso.72.94 ADD (Candidate for Political Office) WMC: ADD new proviso to prohibit state agencies for spending any source of funds for advertising that features or contains the image, voice, name, or likeness of any candidate seeking political office. Fiscal Impact: No impact on the General Fund. HOU: ADOPT new proviso.72.95 ADD (Personal Property Tax Relief Fund) WMC: ADD new proviso to reduce the amount credited to the Personal Property Tax Relief Fund from $20 million to zero. Direct that if a county imposes the Personal Property Tax Exemption Sales Tax and a sales tax rate of 2% of gross proceeds of sale is insufficient to offset the property tax not collected, sufficient amounts must be credited to the Trust Fund for Tax Relief to provide the reimbursement to offset such a shortfall. Fiscal Impact: Savings of $12,379,452 to the General Fund. HOU: ADOPT new proviso.72.96 AMEND NEW PROVISO (Healthcare Tobacco Settlement Trust Fund Transfer) WMC: ADD new proviso for FY 02-03 only, to transfer an amount equal to $28.8 million from the unrestricted taxable proceeds portion of the principal of the Healthcare Tobacco Settlement Trust Fund to the Dept. of Health and Human Services in the following amounts: $23,200,000 for S.C. Seniors’ Prescription DrugPAGE 82 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVESProgram (“SilverCard”) Annualization and Growth; $3,200,0000 for Medicaid Product Growth; and $2,400,000 for Medicaid FY 01-02 Client Growth. Fiscal Impact: No impact on the General Fund. $28.8 million of Other funds. HOU: AMEND new proviso by deleting the previous language and instead: for FY 02-03 only, and contingent on the Tobacco Settlement Revenue Management Authority and parties to the trust agreement approval, to transfer an amount equal to $100 million from the unrestricted taxable proceeds portion of the principal of the Healthcare Tobacco Settlement Trust Fund to specific agencies: Department of Health and Human Services: $23,200,000 for “SilverCard” Annualization and Growth and $1,319,300 for Medicaid Nursing Homes; Department of Mental Health: $4,000,000; and Department of Health and Human Services: $71,480,700 for Medicaid Match and to reimburse nursing home facilities (and residents or responsible parties to the extent that costs were shifted due to the imposition of the franchise fee to the facility) for franchise fees paid in FY 01-02 and up to $7,500,000 to continue the nursing home rate increases made possible by the franchise fee on nursing homes implemented by the joint resolution of 2002, ratification number 176. Repeal the franchise fee imposed by the 2002 joint resolution, ratification number 176. Sponsor: Rep. Harrell. AMEND FURTHER to authorize the State’s CIO, after Budget and Control Board approval, to charge the Departments of Vocational Rehabilitation, Health and Human Services, Health and Environmental Control, Mental Health, Disabilities and Special Needs, and Alcohol & Other Drug Abuse Services and the Commission for the Blind for the implementation of an Integrated Health and Human Services Management Information System Plan. Sponsor: Rep. Quinn.72.97 AMEND NEW PROVISO (Redirect Funds) WMC: ADD new proviso to direct the State Treasurer to transfer to the General Fund $54,639,274 of funds equivalent to the interest accrued or accruing on specific restricted accounts held by state agencies. Fiscal Impact: $54,639,274 non-recurring increase of General Fund revenue. HOU: AMEND new proviso to delete the transfer of $1,219,184 from Subfund 4042 Chem Nclr Trust Principal and $1,296,676 from Subfund 4044 Chem Nclr Trust Income; increase the transfer from Subfund 4693 Atmc Wste Brl Fd-Chem Nuclr from $6,598,772 to $9,114,632; and delete transfer of $4,326,043 from Subfund 4260 Second Injury Fund-Trust. Sponsor: Rep. Harrell. AMEND FURTHER to delete the transfer of $35,226 from Subfund 4159 Grain Dealers Guaranty Fund and increase transfer from Subfund 4308 Whse Receipts Guarantee from $206,273 to $241,499. Sponsor: Rep. Ott. Fiscal Impact: After the amendments the total amount transferred to the General Fund is $50,313,231.72.98 AMEND NEW PROVISO (Statewide Funding) WMC: ADD new proviso to direct that $19.7 million be transferred to the General Fund from specific subfunds within certain agencies and to then appropriate or transfer these funds to other agencies for specific purposes. Provide the Public Service Commission flexibility for FY 02-03 by authorizing the commission to spend $1.4 million from their earmarked or restricted accounts. Direct that these appropriations are contingentPAGE 83 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES and are to be funded on a pro-rata basis is revenue falls below the anticipated amount. Authorize these funds to be carried forward and spent for the same purpose. Prohibit these appropriations from being paid before September 1, 2002 or the date the state’s books close on FY 01-02, whichever is later. Direct the B&C Board to transfer $1.3 million from subfund 3774 Reserve Account to A05 House Revenue Reserve Account. Direct the B&C Board to set the employer contribution rate for all participating employers of the SC Retirement System at 6.7% of earnable compensation. Prohibit the board from retroactively adjusting employer contribution rates. Direct employers during FY 02-03 to remit to the SC Retirement System, 1.7% of the compensation of each employee participating in the State Optional Retirement Program (ORP) instead of the 2.55% set in Section 9-20-50. Direct the B&C Board to set the employer contribution rate of all participating Class Two employers of the SC Police Officers Retirement System at 9.35% of earnable compensation instead of the rate set in Section 9-11-220(1). Direct the B&C Board to develop a methodology to redirect to the health insurance program the $25,540,981 general fund portion of the adjusted retirement employer contribution. Require the B&C Board to suspend the payment of annual renewal premiums for all Insurance Reserve Fund insurance lines that would otherwise be paid by State agencies during FY 02-03 and direct that new or additional coverage is subject to premium collection. Direct state agencies to remit the amount of premium savings to the B&C Board for deposit into an account to the credit of the general fund and authorize agencies to use revenue from any source of funds but federal for this payment. Suspend Section 1-1-1020 (borrow funds from IRF to make installment loans). Direct that these premium fund remittances generate $27,900,000 to the General Fund. Appropriate $27.9 million to specific agencies. HOU: AMEND new proviso to establish a six member Joint Committee on Medicaid to (1) study the State Medicaid Plan, the Federal laws pertaining to the program, and all other laws of the State which affect the Medicaid program; (2) compare this state’s Medicaid program structure with that of other states; (3) recommend changes in the Medicaid program structure; (4) provide for revising state laws and the State Medicaid Plan to develop a more easily understood, financially manageable, and stable system; and (5) recommend amendments to the State Medicaid Plan. Authorize the committee to hold public hearings, receive testimony and call for assistance from any State employee, State agency, or political subdivision. Direct that expenses of the study committee are to be paid from appropriated funds of the House and Senate. Require the Joint Committee to make reports and recommendations to the General Assembly and the Governor by the beginning of the 2003 Legislative Session. Sponsor: Rep. Quinn.72.99 ADD (SC Adoptions Procedures Study Committee) HOU: ADD new proviso to create a 15 member South Carolina Adoptions Procedures Study Committee to review adoption processes and procedures in order to strengthen the integrity of adoptions. Direct that a report containing the committee’s findings and recommendations be submitted to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives before January 1, 2003, after which the committee is abolished. Sponsor: Rep. Leach.PAGE 84 THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.SUMMARY OF PROVISO CHANGES FOR FY 2002-03 AS ADOPTED BY THE HOUSE OF REPRESENTATIVES72.100 ADD (Accommodations Tax) HOU: ADD new proviso to define the word “tourist” as it pertains to accommodations tax purposes for FY 02-03. Sponsor: Rep. Delleney.72.101 ADD (COG Annual Report) HOU: ADD new proviso to require each Council of Government to submit a report to the Senate Finance and Ways and Means Committees by December 1st each year which describes how the funds they received from the State in the prior fiscal year were spent. Sponsor: Rep. Kirsh.72.102 ADD (School Choice Programs) HOU: ADD new proviso to direct the Department of Education to conduct a feasibility study on using funding provided by the U.S. Department of Education’s Magnet Schools Assistance Program to strengthen school choice programs in South Carolina and to submit a report to the General Assembly by December 1, 2002. Sponsor: Rep. Easterday.72.103 ADD (Governor’s Office, Veterans Affairs) HOU: ADD new proviso direct the Division of Veterans Affairs to appoint an additional claims representative, approved by the Governor, who in addition to their normal duties shall also specialize in the specific needs and diseases associated with Vietnam era veterans. Direct that this person must be versed in federal legislation relating to these matters. Direct that at the direction of the director, the claims representative may represent the division on the S.C. Agent Orange Advisory Council and on the Hepatitis C Coalition. Sponsor: Rep. J. E. SmithSECTION 7373.1 AMEND (Year End Expenditures) Directs year-end expenditure deadlines. WMC: AMEND proviso to update fiscal year references. Fiscal Impact: No impact on the General. HOU: ADOPT proviso as amended.06ae762016458f6758dbf81a2aa1b303.doc 4/5/2002 3:41 PMPAGE 85

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