SECTION 1 - H63-DEPARTMENT OF EDUCATION

     1.1.      (SDE: Appropriation Transfer Prohibition)  The amounts appropriated herein for aid to subdivisions, allocations to school districts, or special line items shall not be transferred and must be expended in accordance with the intent of the appropriation, except that the department may transfer funds that are deducted and retained from a school district’s transportation allocation to reimburse the department for the cost of unauthorized mileage.  This transfer must be agreed upon by both the school district and the department.  Those funds may be transferred into the department’s school bus transportation operating account.
     1.2.      (SDE: DHEC - Comprehensive Health Assessment)  All school districts shall participate, to the fullest extent possible, in the Medicaid program by seeking appropriate reimbursement for services and administration of health and social services.  Reimbursements to the school districts shall not be used to supplant funds currently being spent on health and social services.
     1.3.      (SDE: EFA Formula/Base Student Cost Inflation Factor)  To the extent possible within available funds, it is the intent of the General Assembly to provide for one hundred percent of full implementation of the Education Finance Act to include an inflation factor projected by the Division of Budget and Analyses to match inflation wages of public school employees in the Southeast.  The base student cost for the current fiscal year has been determined to be $2,012 $2,101.  In Fiscal Year 2012-13 2013-14, the total pupil count is projected to be 693,431 698,924.  The average per pupil funding is projected to be $4,981 $5,147 state, $1,278 $1,185 federal, and $5,511 $4,855 local.  This is an average total funding level of $11,770 11,187 excluding revenues of local bond issues.  For Fiscal Year 2012-13 2013-14 the South Carolina Public Charter School District shall receive and distribute state EFA funds to the charter school as determined by one hundred percent of the current year's base student cost, as funded by the General Assembly multiplied by the weighted students pupils enrolled in the charter school, which must be subject to adjustment for student attendance.
     The Budget and Control Board, Office of Research and Statistics Division, must post in a prominent place on their website for each school district projections, including the per pupil state, federal and local revenues, excluding revenues of local bond issues, for the current fiscal year.  Also, as soon as practicable, upon determining the exact numbers regarding pupil count and funding, the Budget and Control Board, Office of Research and Statistics Division, shall also post on their website the 135-day average daily membership for each school district and per pupil state, federal and local revenues, excluding revenues of local bond issues, based on the most recent audited financial statement as reported annually pursuant to Section 59-17-100.  The Department of Education and the Education Oversight Committee shall provide in a prominent place on their internet websites a link to the information posted by the Budget and Control Board, Office of Research and Statistics Division, including the projected numbers and the exact numbers.
     1.4.      (SDE: EFA - Formula)  The amount appropriated in Part IA, Section 1 for "Education Finance Act" shall be the maximum paid under the provisions of Act 163 of 1977 (the South Carolina Education Finance Act of 1977) to the aggregate of all recipients.  The South Carolina Education Department shall develop formulas to determine the state and required local funding as stipulated in the South Carolina Education Finance Act of 1977.  Such formulas shall require the approval of the State Board of Education and the Budget and Control Board.  After computing the EFA allocations for all districts, the department shall determine whether any districts’ minimum required local revenue exceeds the districts’ total EFA Foundation Program.  When such instance is found, the department shall adjust the index of taxpaying ability to reflect a local effort equal to the cost of the districts’ EFA Foundation Program.  The districts’ weighted pupil units are to be included in determination of the funds needed for implementation of the Education Finance Act statewide.
     In the event that the formulas as devised by the Department of Education and approved by the State Board of Education and the Budget and Control Board should provide for distribution to the various school districts totaling more than the amount appropriated for such purposes, subject to the provisions of this proviso, the Department of Education shall reduce each school district entitlement by an equal amount per weighted pupil so as to bring the total disbursements into conformity with the total funds appropriated for this purpose.  If a reduction is required in the state’s contribution, the required local funding shall be reduced by the proportionate share of local funds per weighted pupil unit.  The Department of Education shall continually monitor the distribution of funds under the provisions of the Education Finance Act and shall make periodic adjustments to disbursements to ensure the aggregate of such disbursements do not exceed the appropriated funds.
     Local districts shall not be mandated or required to inflate the base number in their respective salary schedules by any percentage greater than the percentage by which the appropriated base student cost exceeds the appropriated base student cost of the prior fiscal year.
     1.5.      (SDE: Employer Contributions/Allocations)  It is the intent of the General Assembly that the appropriation contained herein for "Public School Employee Benefits" shall not be utilized to provide employer contributions for any portion of a school district employee’s salary that is federally funded.
     State funds allocated for school district employer contributions must be allocated by the formula and must be used first by each district to cover the cost of fringe benefits for personnel required by the Defined Program, food service personnel and other personnel required by law.  Once a district has expended all state allocated funds for fringe benefits, the district may utilize food service revenues to fund a proportionate share of fringe benefits costs for food service personnel.
     The Department of Juvenile Justice and the Department of Corrections’ school districts must be allocated funds under the fringe benefits program in accordance with criteria established for all school districts.
     1.6.      (SDE: Employer Contributions/Obligations)  In order to finalize each school district’s allocations of Employer Contributions funds for retiree insurance from the prior fiscal year, the Department of Education is authorized to adjust a school district’s allocation in the current fiscal year accordingly to reflect actual payroll and payments to the Retirement System from the prior fiscal year.  In the event the Department of Education is notified that an educational subdivision has failed to remit proper payments to cover Employee Fringe Benefit obligations, the Department of Education is directed to withhold the educational subdivision’s state funds until such obligations are met.
     1.7.      (SDE: Governor’s School for Science & Math)  Any unexpended balance on June 30 of the prior fiscal year of funds appropriated to or generated by the Governor’s School for Science and Mathematics may be carried forward and expended in the current fiscal year pursuant to the direction of the board of trustees of the school.
     1.8.      (SDE: Educational Responsibility/Foster Care)  The responsibility for providing a free and appropriate public education program for all children including disabled students is vested in the public school district wherein a child of lawful school age resides in a foster home, group home, orphanage, or a state operated health care facility including a facility for treatment of mental illness or chemical dependence and habilitation centers for persons with intellectual disabilities or persons with related conditions located within the jurisdiction of the school district or alternative residences.  The districts concerned may agree upon acceptable local cost reimbursement.  If no agreement is reached, districts providing education shall receive from the district where the child last resided before placement in a facility an additional amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act.  If a child from out of state is residing in a facility owned and/or operated by a for profit entity, the district providing educational services shall be reimbursed by the for profit entity the local district’s local support per weighted pupil above the statewide average base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act.  This also applies to John de la Howe School who also has the authority to seek reimbursement in any situation that the school district has participation in the placement of the student.  John de la Howe School shall be reimbursed the local district's local support per weighted pupil above the statewide average base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act.  Participation will be evidenced by a written agreement from the IEP team or 504 team, written referral, or the school district initiating the placement process.  School districts providing the education shall notify the nonresident district in writing within forty-five calendar days that a student from the nonresident district is receiving education services pursuant to the provisions of the proviso.  The notice shall also contain the student’s name, date of birth, and disabling condition if available.  If appropriate financial arrangements cannot be effected between institutions of the state, including independent school districts under the authority of the Department of Disabilities and Special Needs, and school districts, institutions receiving educational appropriations shall pay the local base student cost multiplied by the appropriate pupil weighting.  Children residing in institutions of state agencies shall be educated with nondisabled children in the public school districts if appropriate to their educational needs.  Such institutions shall determine, on an individual basis, which children residing in the institution might be eligible to receive appropriate educational services in a public school setting.  Once these children are identified, the institution shall convene an IEP meeting with officials of the public school district in which the institution is located.  If it is determined by the committee that the least restrictive environment in which to implement the child’s IEP is a public school setting, then the school district in which the institution is located must provide the educational services.  However, that school district may enter into contractual agreements with any other school district having schools located within a forty-five mile radius of the institution.  The cost for educating such children shall be allocated in the following manner:  the school district where the child last resided before being placed in an institution shall pay to the school district providing the educational services an amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act; the school district providing the educational services shall be able to count the child for all funding sources, both state and federal.  The institution and school district, through contractual agreements, will address the special education and related services to be provided to students.  Should the school district wherein the institution is located determine that the child cannot be appropriately served in a public school setting, then the institution may request a due process hearing pursuant to the procedures provided for in the Individuals with Disabilities Education Act.
     The agreed upon acceptable local cost reimbursement or the additional amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting set forth in Section 59-20-40, for instructional services provided to out-of-district students, shall be paid within sixty days of billing, provided the billing district has provided a copy of the invoice to both the Superintendent and the finance office of the district being invoiced.  Should the district not pay within sixty days, the billing district can seek relief from the Department of Education.  The department shall withhold EFA funding equal to the billing from the district refusing to pay and submit the funding (equal to the invoice) to the billing school district.
     The agency placing a child in any situation that requires changing school districts, must work with the schools to assure that all required school records, including confidential records, are transferred from the sending to the receiving school within three working days.  School records to be transferred should include grade transcripts, state birth certificate, certificate of immunization, social security card, attendance records, discipline records, IEP’s, psychological reports (or notation in the school records that a psychological report on the child is available at the school district office) and any other records necessary for the appropriate placement of the child in the new school.  School districts must release all records upon presentation of a court order or appropriate permission for confidential release.  If evaluation or placement is pending, the receiving school district is responsible to secure information and to complete the placement.  The receiving school will maintain appropriate confidentiality of all records received on a child.
     1.9.      (SDE: Disabled/Preschool Children)  The state funding for free appropriate public education provided for the three and four-year-old disabled children served under Act 86 of 1993, shall be distributed based on the district’s index of taxpaying ability as defined in Section 59-20-20(3).  Five-year-old disabled children shall continue to be funded under the Education Finance Act of 1977.
     1.10.      (SDE: Instruction in Juvenile Detention Centers)  It shall be the responsibility of the school district where a local juvenile detention center is located to provide adequate teaching staff and to ensure compliance with the educational requirements of this State.  Students housed in local detention centers are to be included in the average daily membership count of students for that district and reimbursement by the Department of Education made accordingly.
     1.11.      (SDE: Revenue Authorization)  The State Department of Education is hereby authorized to collect, expend, and carry forward revenues in the following areas to offset the cost of providing such services:  the sale of publications, manuals and forms, the sale of Apple Tags, royalties, contributions, donations, foundation funds, special grants and contracts, brochures, photo copies, listings and labels, Directory of South Carolina Schools, student health record cards, items to be recycled, and high school diplomas and certificates; the collection of out-of-state and in-state investigation fees, registration fees for non-SDE employees, recurring facility inspection fees, teacher certification fees; the handling of audio-visual film; the provision of contract computer services to school districts and other state agencies, joint broadcast service to school districts, and education-related statistics through agreement with the National Center for Education Statistics; the lease or sale of programs of television, audio or microcomputer software; the lease or sale of virtual courses to other states; the collection of damage fees for instructional materials and the sale of unusable instructional materials; sale of fuel; use and repair of transportation equipment; fees for Medicaid reimbursable transportation; the receipt of insurance and warranty payments on Department of Education equipment and the sale of used school buses and support equipment.  The Department of Education is authorized to collect revenue for deposit into the State General Fund for testing material purchases and test rescoring fees.  The Department of Education is authorized to expend revenue collected for lost and damaged instructional materials and the sale of unusable instructional materials for the purpose of contracting for the purchase and maintenance of a statewide textbook inventory management system, provided that schools’ newly-adopted instructional materials needs are met first.
     1.12.      (SDE: School District Bank Accounts)  Each school district in this State, upon the approval of the district’s governing body, may maintain its own bank account for the purpose of making disbursement of school district funds as necessary to conduct school district business and each county treasurer is hereby authorized to transfer such amount as needed, upon receipt of a written order certified by the district governing body or their designee.  Such order shall contain a statement that such amount is for immediate disbursement for the payment of correct and legal obligation of the school district.
     1.13.      (SDE: School Lunch Program Aid)  The amount appropriated herein for School Lunch Program Aid shall be divided among the District and/or County Boards of Education of the State upon the basis of the number of schools participating in the School Lunch Program in each district during the prior school year.  The travel expenses of the District and/or County School Lunch Supervisor shall be paid from this appropriation at the prevailing rate of mileage allowed by the State.  These funds may be used as an aid in improving the School Lunch Program.  These funds may not be used to supplement the salaries of school lunch supervisors.  In the absence of a County Board of Education in multi-district counties, the funds will be divided among the school districts of the county on the basis of the number of schools participating in the School Lunch Program in each district during the prior school year.
     1.14.      (SDE: Teachers/Temporary Certificates)  Of the funds provided for teacher salaries funds may be used to pay salaries for those teachers holding temporary certificates which shall remain valid for the current school year if the local board of education so requests.  The State Department of Education shall submit to the General Assembly by March first of the current fiscal year a report showing by district the number of temporary certificates by category; including an enumeration of the certificates carried forward from the previous year.  No temporary certificate shall be continued more than twice.
     1.15.      (SDE: Travel/Outside of Continental U.S.)  School District allocations from General Funds, lottery, and EIA funds shall not be used for travel outside of the continental United States.  The International Baccalaureate Program shall be exempt from this restriction.
     1.16.      (SDE: Year End Closeout)  The State Department of Education is authorized to expend federal and earmarked funds (not including state or EIA funds) in the current fiscal year for expenditures incurred in the prior year; however, state funds appropriated in Part IA, Section 1, XIV, Aid to School Districts, for the Children’s Case Resolution System or private placements for services provided to children with disabilities may be used for those expenditures in prior fiscal years.  The department is also authorized to use appropriated funds to pay for textbooks shipped in the fourth quarter of the prior fiscal year.
     1.17.      (SDE: Transportation Collaboration)  The Department of Education School Bus Maintenance Shops shall be permitted, on a cost reimbursable-plus basis, to deliver transportation maintenance and services to vehicles owned or operated by public agencies in South Carolina.
     School buses operated by school districts, other governmental agencies or head start agencies for the purpose of transporting students for school or school related activities shall not be subject to state motor fuel taxes.  Further, that school districts, other governmental agencies or head start agencies may purchase this fuel, on a cost reimbursable-plus basis, from the Department of Education School Bus Maintenance Shops.
     1.18.      (SDE: Defined Program Personnel Requirements)  Administrative positions requiring State Board of Education teacher or administrator certification, may be filled either by an individual receiving a W-2 from the hiring school district, or in the case of a charter school authorized under title 59, Chapter 49, an individual employed by an entity under contract with the school district may fill such a position.  However, if such a position in a charter school is filled by an individual that does not receive a W-2 from the hiring school district, the total compensation for the individual shall not exceed the total compensation of the highest paid individual in a similar position at a school district of the same or lesser size of the charter school in the state of South Carolina.  If such total compensation does exceed that amount, the school’s EFA and/or EIA allocation shall be reduced by the amount which such compensation exceeds that amount specified in the previous sentence.  Compliance with this requirement will be made part of the single audit process of local public school districts as monitored by the State Department of Education.
     1.19.      (SDE: School Bus Insurance)  The Department of Education shall maintain comprehensive and collision insurance or self-insure state-owned buses.  In no event shall the department charge local school districts for damages to the buses which are commonly covered by insurance.
     1.20.      (SDE: Teacher Data Collection)  Of the non-program funds appropriated to the Department of Education, it and the Commission on Higher Education shall share data about the teaching profession in South Carolina.  The data sharing should ensure (1) a systematic report on teacher supply and demand information and (2) data to determine classes being taught by public school teachers out of field of their preparation.  The data collection should include but not be limited to:  classes/subjects taught, number of students taught, percentage of teacher education graduates from South Carolina colleges/universities who go into teaching, percentage of teacher education graduates who teach in public schools in South Carolina, percentage of new teachers who leave the South Carolina teaching profession in the first three years of public school teaching due to unsuccessful evaluations, percentage of new teachers who leave the profession in the first three years of public school teaching in South Carolina who have successful evaluations, turnover rate of teachers and certification areas with highest vacancies.  All database items should be set up so that it can be disaggregated by ethnicity, gender, geographic location, etc.
     1.21.      (SDE: School Building Aid)  Of the funds appropriated in Part IA for School Building Aid, $500,000 shall be allocated on a K-12 per pupil basis to Multi-District Area Vocational Schools.
     1.22.      (SDE:  Assessment)  For the current fiscal year PSAT/PLAN shall be suspended and savings generated from suspension of PSAT/PLAN Reimbursement shall be allocated to the Education Finance Act.  The department is authorized to carry forward into the current fiscal year, prior year state assessment funds for the purpose of paying for state assessment activities not completed by the end of the fiscal year including the scoring of the spring statewide accountability assessment.
     1.23.      (SDE: School Bus Driver CDL)  From funds provided in Part IA, Section 1, X.B., local school districts shall request a criminal record history from the South Carolina Law Enforcement Division for past conviction of any crime before the initial employment of a school bus driver or school bus aide.  The Department of Education and the school districts shall be treated as a charitable organization for purposes of the fee charged for the criminal records search.
     1.24.      (SDE: School Bus Purchase)  Any procurement of school buses with funds appropriated in this act or any other appropriation bill must meet specifications developed by the School Bus Specification Committee as established by the State Superintendent of Education.  The School Bus Specifications Committee shall allow for input from all school bus chassis and body manufacturers.  However, if it is safe, more economical, and in the public interest, the department may use the school bus specifications of Georgia or North Carolina in the procurement of school buses.
     1.25.      (SDE: Buses, Parts, and/or Fuel)  Funds appropriated for other operating in program X.B. - Bus Shops and funds appropriated in X.C. - Buses may be used to purchase buses, fuel, parts, or other school bus related items.  All funds appropriated for bus fuel, parts/supplies, maintenance, and bus purchases may be carried forward from the prior fiscal year and expended in the current fiscal year to support bus transportation services.
     1.26.      (SDE: Mitford Transportation Costs)  Transportation costs for the transporting of students from the Mitford area of Fairfield County to schools in the Great Falls area of Chester County is not the responsibility of and shall not be borne by the Chester County School District.  These transportation costs shall continue to be the responsibility of the State Department of Education.
     1.27.      (SDE: Status Offenders/John de la Howe)  The funds appropriated for the Status Offender Program shall be distributed to John de la Howe School to expand residential programs to include court ordered status offenders.  Components of such a program shall include collaboration between the home school district and the residential school and treatment or related services to the families of students in placement.
     1.28.      (SDE: Governor’s School Leave Policy)  The South Carolina Governor’s School for the Arts and Humanities and the South Carolina Governor’s School for Science and Mathematics are authorized to promulgate administrative policy governing annual and sick leave relative to faculty and staff with the approval of their respective board of directors.  This policy shall address their respective school calendars in order to comply with the instructional needs of students attending both special schools.
     1.29.      (SDE: School Facilities Management System)  School Districts may use capital improvement bond funds, lapsed funds or any other unexpended appropriated funds or revenues to access the Department of Education’s School Facilities Management System database.
     1.30.      (SDE: School Board Meetings)  Of the funds appropriated through the Department of Education for technology related expenses, school districts that have a web site shall place a notice of a regularly scheduled school board meeting twenty-four hours in advance of such meeting.  The notice shall include the date, time, and agenda for the board meeting.  The school district shall place the minutes of the board meeting on their web site within ten days of the next regularly scheduled board meeting.
     1.31.      (SDE: Proviso Allocations)  In the event an official General Fund revenue shortfall is declared by the Board of Economic Advisors, the Department of Education may reduce any allocation in Section 1 specifically designated by proviso in accordance with the lower Board of Economic Advisors revenue estimate as directed by the Office of State Budget, except the additional EFA allocation to the South Carolina Public Charter School District.  The reduction may not be greater than the total percentage of reduction of the Section 1 appropriation.  Should the department hold back funds in excess of the total percentage reduction those funds must be allocated per the proviso.  No allocation for teacher salaries shall be reduced as a result of this proviso.
     1.32.      (SDE: School Districts and Special Schools Flexibility)  All school districts and special schools of this State may transfer and expend funds among appropriated state general fund revenues, Education Improvement Act funds, Education Lottery Act funds, and funds received from the Children's Education Endowment Fund for school facilities and fixed equipment assistance, to ensure the delivery of academic and arts instruction to students.  However, a school district may not transfer funds allocated specifically for state level maintenance of effort requirements under IDEA, funds allocated specifically for state level maintenance of effort requirement for federal program, required for debt service or bonded indebtedness.  All school districts and special schools of this State may suspend professional staffing ratios and expenditure regulations and guidelines at the sub-function and service area level, except for four-year old programs and programs serving students with exceptional needs.
     In order for a school district to take advantage of the flexibility provisions, at least seventy-five percent of the school district's per pupil expenditures must be utilized within the In$ite categories of instruction, instructional support, and non-instruction pupil services.  No portion of the seventy-five percent may be used for business services, debt service, capital outlay, program management, and leadership services, as defined by In$ite.  The school district shall report to the Department of Education the actual percentage of its per pupil expenditures used for classroom instruction, instructional support, and non-instruction pupil services for the current school year ending June 30.  Salaries of on-site principals must be included in the calculation of the district’s per pupil expenditures.
     "In$ite" means the financial analysis model for education programs utilized by the Department of Education.
     School districts are encouraged to reduce expenditures by means, including, but not limited to, limiting the number of low enrollment courses, reducing travel for the staff and the school district's board, reducing and limiting activities requiring dues and memberships, reducing transportation costs for extracurricular and academic competitions, restructuring administrative staffing, and expanding virtual instruction.
     School districts and special schools may carry forward unexpended funds from the prior fiscal year into the current fiscal year.
     Prior to implementing the flexibility authorized herein, school districts must provide to Public Charter Schools the per pupil allocation due to them for each categorical program.
     Quarterly throughout the current fiscal year, the chairman of each school district's board and the superintendent of each school district must certify where non-instructional or non-essential programs have been suspended and the specific flexibility actions taken.  The certification must be in writing, signed by the chairman and the superintendent, delivered electronically to the State Superintendent of Education, and an electronic copy forwarded to the Chairman of the Senate Finance Committee, the Chairman of the Senate Education Committee, the Chairman of the House Ways and Means Committee, and the Chairman of the House Education and Public Works Committee.  Additionally, the certification must be presented publicly at a regularly called school board meeting, and the certification must be conspicuously posted on the internet website maintained by the school district.
     For the current fiscal year, Section 59-21-1030 is suspended.  Formative assessments for grades one, two, and nine, the foreign language program assessment, and the physical education assessment must be suspended.  School districts and the Department of Education are granted permission to purchase the most economical type of bus fuel.
     For the current fiscal year, savings generated from the suspension of the assessments enumerated above must be allocated to school districts based on weighted pupil units.
     School districts must maintain a transaction register that includes a complete record of all funds expended over one hundred dollars, from whatever source, for whatever purpose.  The register must be prominently posted on the district’s internet website and made available for public viewing and downloading.  The register must include for each expenditure:
           (i)                  the transaction amount;
           (ii)            the name of the payee; and
           (iii)            a statement providing a detailed description of the expenditure.
     The register must not include an entry for salary, wages, or other compensation paid to individual employees.  The register must not include any information that can be used to identify an individual employee.  The register must be accompanied by a complete explanation of any codes or acronyms used to identify a payee or an expenditure.  The register must be searchable and updated at least once a month.
     Each school district must also maintain on its internet website a copy of each monthly statement for all of the credit cards maintained by the entity, including credit cards issued to its officers or employees for official use.  The credit card number on each statement must be redacted prior to posting on the internet website.  Each credit card statement must be posted not later than the thirtieth day after the first date that any portion of the balance due as shown on the statement is paid.
     The Comptroller General must establish and maintain a website to contain the information required by this section from a school district that does not maintain its own internet website.  The internet website must be organized so that the public can differentiate between the school districts and search for the information they are seeking.
     School districts that do not maintain an internet website must transmit all information required by this provision to the Comptroller General in a manner and at a time determined by the Comptroller General to be included on the internet website.
           The provisions contained herein do not amend, suspend, supersede, replace, revoke, restrict, or otherwise affect Chapter 4, Title 30, the South Carolina Freedom of Information Act.
     1.33.      (SDE: Medical Examination and Security Reimbursement/Expenditures)  From funds authorized in Part IA, Section 1, X.B. Other Operating Expenses, the Department of Education may directly pay, or reimburse employees, for the cost of a medical examination as required in Part 391, Subpart E of the Federal Motor Carrier Safety Regulations, for employees that are required to operate a state vehicle transporting hazardous materials and that are required to undergo a national security background check because of the required Hazmat endorsement to their CDL.
     1.34.      (SDE: Budget Reduction)  In compensating for any reduction in funding, local districts must give priority to preserving classroom teachers and operations.  Funding reductions should first be applied to administrative and non-classroom expenses before classroom expenses are affected.
     1.35.      (SDE: Governor’s School for the Arts and Humanities Carry Forward)  Any unexpended balance on June 30 of the prior fiscal year of funds appropriated to or generated by the Governor’s School for the Arts and Humanities may be carried forward and expended in the current fiscal year pursuant to the discretion of the Board of Trustees of the School.
     1.36.      (SDE: Governor’s Schools’ Fees)  The South Carolina Governor’s School for the Arts and Humanities and the South Carolina Governor’s School for Science and Mathematics are authorized to charge, collect, expend, and carry forward student fees as approved by their respective Board of Directors.  The purpose and amount of any such fees will be to maintain program quality in both academics and residential support.  No student will be denied admittance or participation due to financial inability to pay.  The respective Board of Directors shall promulgate administrative policy governing the collection of all student fees.  Both schools shall conspicuously publish a fee schedule on their respective websites.
     1.37.      (SDE: School District Furlough)  Should there be a midyear reduction in state funding to the districts, school districts may institute employee furlough programs for district-level and school-level professional staff.  Before any of these employees may be furloughed, the chairman of the governing body of the school district must certify that all fund flexibility provided by the General Assembly has been utilized by the district and that the furlough is necessary to avoid a year-end deficit and a reduction in force.  The certification must include a detailed report by the superintendent of the specific action taken by the district to avoid a year-end deficit.  The certification and report must be in writing and delivered to the State Superintendent of Education and a copy must be forwarded to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee.
     The local school district board of trustees may implement a furlough of personnel once certification to the State Superintendent documents all funding flexibility has been exhausted and continued year-end deficits exist.  Local school boards of trustees shall have the authority to authorize furloughs of these employees in the manner in which it sees fit.  However, instructional personnel may be furloughed for up to five non-instructional days if not prohibited by an applicable employment contract with the district and provided district administrators are furloughed for twice the number of days.  District administrators may only be furloughed on non-instructional days and may not be furloughed for a period exceeding ten days.  District administrators shall be defined by the Department of Education using the Professional Certified Staff (PCS) System.  For individuals not coded in PCS, the determination shall be made based upon whether the individual performs the functions outlined in position codes identified by the department as administration.  Educators who would have received a year’s experience credit had a furlough not been implemented, shall not have their experience credit negatively impacted because of a furlough implementation.
     During any furlough, affected employees shall be entitled to participate in the same benefits as otherwise available to them except for receiving their salaries.  As to those benefits that require employer and employee contributions, including, but not limited to, contributions to the South Carolina Retirement System or the optional retirement program, the district will be responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions.  Placement of an employee on furlough under this provision does not constitute a grievance or appeal under any employee grievance procedure.  The district may allocate the employee’s reduction in pay over the balance of the fiscal year for payroll purposes regardless of the pay period within which the furlough occurs.
     Each local school district must prominently post on the district’s internet website and make available for public viewing and downloading the most recent version of the school district’s policy manual and administrative rule manual.
     This proviso shall not abrogate the terms of any contract between any school district and its employees.
     1.38.      (SDE: School Lunch/Attendance Supervisors)  For those counties in which an entity other than the school district administers the school lunch supervisor and/or attendance supervisor programs, the school districts in that county shall transfer to the entity the amount available in the previous fiscal year for administration of the school lunch supervisor and/or attendance supervisor programs.  Each district shall transfer a pro rata share of the total cost based upon the percentage of state EFA funds distributed to the districts within the county.
     1.39.      (SDE: Replacement Facilities)  The Department of Education is directed to proceed with the development of a joint-use school transportation maintenance and operations facility in Greenville County.  Prior to the availability of this new facility the department shall continue to operate state school bus maintenance services from the existing Greenville School Bus Maintenance Facility located on Halton Road.  All proceeds from the sale of the Halton Road Facility and Property shall become pupil transportation operating revenue of the department.  The cost of the State share of the new joint-use facility, the cost of preparing the old Halton Road Facility and Property for disposal, interim relocation/construction financing, all associated relocation expenses, and all other related costs shall be funded from the proceeds received from the sale of the existing Halton Road Facility and Property.  The State Treasurer shall make available all necessary interim financing to accomplish the proviso directives.
     1.40.      (SDE: SCGSAH Certified Teacher Designation)  Because of the unique nature of the South Carolina Governor’s School for the Arts and Humanities, the Charleston School of the Arts, and the Greenville County Fine Arts Center, the schools are authorized to employ at its discretion non-certified classroom teachers teaching in the literary, visual and performing arts subject areas who are otherwise considered to be appropriately qualified in a ratio of up to one hundred percent of the entire teacher staff.
     1.41.      (SDE: No Discrimination Requirement)  State funds must not be appropriated to a school that discriminates against or participates with or is a member of an association with policies that discriminate or afford different treatment of students based on race or national origin.
     1.42.      (SDE: High School Reading Initiative)  The funds appropriated for the High School Reading Initiative are to be used to expand the South Carolina Reading Initiative to the high school level by providing research based targeted assistance in improving and accelerating the reading ability of ninth and tenth grade students scoring Not Met on the 8th grade PASS reading and research tests or not passing the English 1 end-of-course test as ninth graders.
     1.43.      (SDE: Medicaid Cash Match Accounting)  The department is granted authority to transfer funds between budget lines and object codes to identify, reconcile, reimburse, and remit funds required for Medicaid cash match to the Department of Health and Human Services.
     1.44.      (SDE: Student Report Card-GPA)  For each high school student, school districts shall be required to print the student’s individual cumulative grade point average for grades nine through twelve on the student’s report card.
     1.45.      (SDE: Governor’s School Reporting)  The Governor’s School for the Arts and Humanities and the Governor’s School for Science and Mathematics are required to submit reports as to how the non-recurring funding appropriated in this act is expended.  The report must be submitted to the Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee by the end of the fiscal year.
     1.46.      (SDE: Lost & Damaged Textbook Fees)  Fees for lost and damaged textbooks for the prior school year are due no later than December 1 of the current school year when invoiced by the Department of Education.  The department may withhold textbook funding from schools that have not paid their fees by the payment deadline.
     1.47.      (SDE: Education and Economic Development Act Carry Forward)  Funds provided for the Education and Economic Development Act may be carried forward into the current fiscal year to be expended for the same purposes by the department, school districts, and special schools.
     1.48.      (SDE: Education Finance Act Reserve Fund)  There is created in the State Treasury a fund separate and distinct from the General Fund of the State and all other funds entitled the Education Finance Act Reserve Fund.  All unexpended general funds appropriated to the Department of Education for the Education Finance Act in the current fiscal year shall be transferred to the Education Finance Act Reserve Fund.  In the event that the amount appropriated for the Education Finance Act is insufficient to fully fund the base student cost as established by this act, revenues from the Education Finance Act Reserve Fund may be used to supplement the funds appropriated.  The General Assembly may make direct appropriations to this fund.  All unexpended funds in the Education Finance Act Reserve Fund and any interest accrued by the fund must remain in the fund and may be carried forward into the current fiscal year.
     1.49.      (SDE: Prohibit Advertising on School Buses)  The Department of Education and local school districts are prohibited from selling space for or the placement of advertisements on the outside or inside of state-owned school buses.
     1.50.      (SDE: Charter School Funding Schedule)  Of the funds appropriated, districts with charter schools will receive funds after verification of student attendance on the fifth day of school at the beginning of each school year for those charter schools with approved incremental growth and due to expansion as provided in their charter application for new charter schools opening in the current fiscal year.  The Department of Education will release funds to districts on behalf of their charter schools no later than fifteen days after receipt of verified enrollment.  Districts must provide this funding to eligible charters no later than thirty days after receipt from the Department of Education.  Funding will be adjusted at the forty-five-day school count as is currently the case with the Education Finance Act.
     1.51.      (SDE: Residential Treatment Facilities Student Enrollment and Funding)  Each South Carolina resident of lawful school age residing in licensed residential treatment facilities (RTFs) for children and adolescents as defined under Section 44-7-130 of the 1976 Code, ("students") shall be entitled to receive educational services from the school district in which the RTF is located ("facility school district").  The responsibility for providing appropriate educational programs and services for these students, both with and without disabilities, who are referred or placed by the State is vested in the facility school districts.  If clinically appropriate, the facility school district, the RTF, and the parent or guardian of a student referred or placed in a RTF may consider the appropriateness of providing the student’s education program virtually through enrollment in either the facility district’s virtual program, the South Carolina Virtual School Program provided through the Department of Education, or a virtual charter school authorized by the South Carolina Public Charter School District.  This decision should be made jointly with the best interest of the student and what is clinically indicated being considered.
     A facility school district must provide the necessary educational programs and services directly to the student at the RTF’s facility, provided that the RTF facility provides and maintains comparable adequate space for the educational programs and services consistent with all federal and state least restrictive environment requirements.  Adequate space shall include appropriate electrical support and Internet accessibility.  Unless the parent or legal guardian of the student seeks to continue the student’s enrollment in the resident school district under a medical homebound instruction program and the district approves, if appropriate, then, under these circumstances, the facility school district shall enroll the student and assume full legal and financial responsibility for the educational services including enrolling the student, approving the student's entry into a medical homebound instructional program, if appropriate, and receiving and expending funds, unless the resident school district undertakes to carry out its educational responsibilities for the student directly.        Alternatively, a facility school district may choose to provide the necessary educational programs and services by contracting with the RTF provided that the RTF agrees to provide educational services to the student at the RTF’s facility.  Under these circumstances, the facility school district must enroll the student and pay the RTF for the educational services provided.  If the facility school district determines the educational program being offered by the RTF does not meet the educational standards outlines in the contract, the facility district shall be justified in terminating the contract.
     The facility school districts are entitled to receive the base student cost multiplied by the Education Finance Act pupil weighting for Homebound pupils of 2.10, as set forth in Section 59-20-40 of the 1976 Code and any eligible categorical and federal funds.  These funds may be retained by the facility school districts for the purpose of providing the educational programs and services directly to students referred or placed by the State or the facility school districts may use these funds to reimburse RTF’s for the educational programs and services provided directly by the RTFs.  A facility school district is entitled to reimbursement from a resident school district for the difference between (1) the reasonable costs expended for the educational services provided directly by the facility school district or the amount paid to the RTF and (2) the aggregate amount of federal and state funding received by the facility school district for that student.  However, the reimbursement rate may not exceed $45 per student per day.  Facility school districts providing the educational services shall notify the resident district in writing within forty-five calendar days that a student from the resident district is receiving educational services pursuant to the provisions of the proviso.  Reimbursements shall be paid within sixty days of billing, provided the facility district has provided a copy of the invoice to both the District Superintendent and the finance office of the resident district being invoiced.  Should the facility school district be unable to reach agreement with the resident school district regarding reasonable costs differences, the facility school district shall notify the Department of Education’s Office of General Counsel.  The Department of Education shall facilitate a resolution of the dispute between the facility school district and the resident school district within forty-five days of the notice of dispute.  If the issue of reasonable cost differences should remain unresolved, a facility school district shall have the right to file a complaint in a Circuit Court.  Should a resident school district fail to distribute the entitled funding to the facility school district by the 135 day count, the Department of Education is authorized to withhold the equivalent amount of EFA funds and transfer those funds to the facility school district.
     If a child from out of state is placed in a RTF by an out-of-state school district or agency, the child’s home state remains responsible for the educational services.  The facility school district may choose to provide the educational program to the child and, upon choosing to do so, shall contract with the appropriate entity for payment of educational serviced provided to the child.  Out-of-state students provided educational services by a facility school district shall not be eligible for funding through the Education Finance Act.
     If a child is placed in a RTF by the child’s parent or guardian, the facility school district may choose to provide the educational program to the child, and upon doing so, must negotiate with the resident school district for services through medical homebound procedures.  A facility school district is responsible for compliance with all child find requirements under Section 504 of the Rehabilitation Act of 1973 and IDEA.
     All students enrolled in the facility school districts shall have access to the facility school districts’ general education curriculum, which will be tied to the South Carolina academic standards in the core content areas.  All students with disabilities who are eligible for special education and related services under the Individuals with IDEA, as amended, and the State Board of Education (SBE) regulations, as amended, shall receive special education and related services in the least restrictive environment by appropriately certified personnel.  Students in an RTF will at all times be eligible to receive the educational credits (e.g., Carnegie Units) earned through their educational efforts.
     With respect to students enrolled in the facility school districts, for accountability purposes, the assessment and accountability measures for students residing in RTFs shall be attributed to a specific school only if the child physically attends the school.  The performance of students residing in a RTF who receive their educational program on site at the RTF must be reflected on a separate line on the facility school district’s report card and must not be included in the overall performance ratings of the facility school district.  The Department of Education shall examine the feasibility of issuing report cards for RTFs.  For the current fiscal year, a facility school district shall not have the district’s state accreditation rating negatively impacted by deficiencies related to the delivery of an educational program at a RTF.
     RTFs shall notify the facility school district as soon as practical, and before admission to the RTF if practical, of a student's admission to the RTF.  RTFs, the facility school districts and the Department of Education shall use their best efforts to secure and/or exchange information, including documents and records necessary to provide appropriate educational services and/or related services as necessary to assist the facility school district in determining the resident school district.  The Department of Education, in collaboration with state placing agencies, RTFs, facility school districts, and resident school districts, shall implement a system to follow the release of students from a RTF and re-enrollment in public, private, or special schools to ensure these students, when appropriate, are not recorded as dropouts.
     1.52.      (SDE: Special Schools Flexibility)  For the current fiscal year, the special schools are authorized to transfer funds among funding categories, including capital funds.
     1.53.      (SDE: High School Driver Education)  For the current fiscal year, the requirement for high schools to provide a course in driver education is suspended however, high schools may continue to offer driver education courses if they choose to do so.
     1.54.      (SDE: Carry Forward Authorization)  For the current fiscal year, the Department of Education is authorized to carry forward and expend any General Fund balances for school bus transportation.
     1.55.      (SDE: Administrative Costs Report Posting)  School districts must report the amount of funds spent on administrative costs, as defined by In$ight in the prior fiscal year and post the report on the districts website.  School districts shall provide an electronic copy of this report to the Department of Education in conjunction with the financial audit report required by Section 59-17-100, of the 1976 Code.  If a district fails to meet these requirements they must be notified in writing by the department that the district has 60 days to comply with the reporting requirement.  If the district does not report within 60 days, the department is authorized to reduce the district’s base student cost by one percent until such time as the requirement is met.  Once in compliance, any funds withheld will be returned to the district.
     1.56.      (SDE: Teaching Requirement for Certified School Employees)  From the funds appropriated, all certified public school teachers, certified special school classroom teachers, certified media specialists, certified guidance counselors, certified full-time athletic directors, certified principals, certified assistant principals, and certified school district administrators that are employed by a school district should, if practicable, teach at least two classes per week within the school district they are employed.
     1.57.      (SDE: Governor’s Schools Residency Requirement)  Of the funds appropriated, the Governor’s School for the Arts and the Humanities and the Governor’s School for Science and Mathematics are to ensure that a parent(s) or guardian(s) of a student attending either the Governor’s School for the Arts and the Humanities or the Governor’s School for Science and Mathematics must prove that they are a legal resident of the state of South Carolina at the time of application and must remain so throughout time of attendance.  The Governor’s School for the Arts and the Humanities and Governor’s School for Science and Mathematics may not admit students whose parent(s) or guardian(s) are not legal residents of South Carolina.
     1.58.      (SDE: Holocaust Funds)  Funds appropriated to the Department of Education for the SC Council on Holocaust shall not be used for any other purpose nor transferred to any other program.  In addition, in the event the department is required to implement a budget reduction, SC Council on Holocaust funds may not be reduced.
     1.59.      (SDE: South Carolina Public Charter School District Funding)  The funds appropriated in Part IA, Section XI - South Carolina Public Charter School District must be allocated in the following manner:  Pupils enrolled in virtual charter schools sponsored by the South Carolina Public Charter School District shall receive $1,700 per weighted pupil and pupils enrolled in brick and mortar charter schools sponsored by the South Carolina Public Charter School District shall receive $3,250 per weighted pupil.  Any unexpended funds, not to exceed ten percent of the prior year appropriation, must be carried forward from the prior fiscal year and expended for the same purpose.
     1.60.      (SDE: Governor’s Schools Capacity)  For Fiscal Year 2012-13 2013-14, funds appropriated to the Governor’s School for the Arts and Humanities and the Governor’s School for Science and Mathematics must be used to bring the schools up to full capacity, to the extent possible. Each school must report electronically to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee by December first how the funds have been utilized and how many additional students have been served.
     1.61.      (SDE: Student Health and Fitness)  Funds appropriated for Student Health and Fitness shall be allocated to school districts to increase the number of physical education teachers to the extent possible and to provide licensed nurses for elementary public schools.  Twenty seven percent of the funds shall be allocated to the districts based on average daily membership of grades K-5 from the preceding year for physical education teachers.  The remaining funds will be made available through a grant program for school nurses and shall be distributed to the school districts on a per school basis.  Schools that provide instruction in grades K-5 are eligible to apply for the school nurse grant program.
     1.62.      (SDE: One Year Suspension of Programs)  The following program will be temporarily suspended for Fiscal Year 2012-13 2013-14:  SAT/ACT Improvement.  Funds appropriated to this program must be allocated to districts based on the number of weighted pupil units.
     1.63.      (SDE: EEDA Regional Education Centers)  Funds appropriated from the EEDA for Regional Education Centers must not be less than $108,500.
     1.64.      (SDE: Impute Index Value)  For Fiscal Year 2012-13 2013-14 and for the purposes of calculating the index of taxpaying ability the Department of Revenue shall impute an index value for owner-occupied residential property qualifying for the special four percent assessment ratio by adding the second preceding taxable year total school district reimbursements for Tier 1, 2, and Tier 3(A) and not to include the supplement distribution.  The Department of Revenue shall not include sales ratio data in its calculation of the index of taxpaying ability.  The methodology for the calculations for the remaining classes of property shall remain as required pursuant to the EFA and other applicable provisions of law.
     1.65.      (SDE: EFA State Share)  A school district that does not recognize a State share of the EFA financial requirement shall be supplemented with an amount equal to seventy percent of the school district with the least State financial requirement.
     1.66.      (SDE: Health Education)  Each school district is required to ensure that all comprehensive health education, reproductive health education, and family life education conducted within the district, whether by school district employees or a private entity, must utilize curriculum that complies with the provisions contained in Chapter 32, Title 59.  Any person may complain in a signed, notarized writing to the chairman of the governing board of a school district that matter not in compliance with the requirements of Chapter 32, Title 59 is being taught in the district.  Upon receiving a notarized complaint, the chairman of the governing board must ensure that the complaint is immediately investigated and, if the complaint is determined to be founded, that immediate action is taken to correct the violation.  If corrective action is not taken, then the district must have its base student cost reduced by one percent.
     1.67.      (SDE: Bus Lease/Purchase)  The Department of Education is permitted to purchase or lease school buses in order to continue replacement of the state’s school bus fleet.
     1.68.      (SDE: Next Generation Science Standards)  No funds shall be expended in the current fiscal year by the Department of Education, the Education Oversight Committee, or the State Board of Education to participate in, implement, adopt or promote the Next Generation Science Standards initiative.
     1.69.      (SDE: Felton Lab Allocation)  Of the funds distributed pursuant to the Education Finance Act, the Felton-Laboratory School at South Carolina State University shall receive each year, seventy percent of the funds it would have received for that year under the Education Finance Act and under aid to school districts-fringe benefits, as if it were a special school district.  The calculation of the amount of funds which the Felton-Laboratory School is entitled to receive each year shall be made by the Department of Education.
     1.70.      (SDE: EFA-IDEA Contingency Reserve)  Of the funds appropriated to the department for EFA-IDEA Contingency Reserve, up to $36,202,909 shall be directed to supplement a loss of federal funding from the Individuals with Disabilities Education Act (IDEA) expected on October 1, 2012.  No funds shall be expended until the U.S. Department of Education initiates a reduction in funds, and only in an amount equal to the amount of federal funds withheld.  These funds shall be distributed using the same methodology as federal IDEA funds.  The Department of Education shall notify within one business day the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee any actions taken by the U.S. Department of Education to reduce IDEA funds.  In the event that any amount appropriated for the EFA-IDEA Contingency Reserve is not needed to offset the loss of federal IDEA funds in the current fiscal year, these monies shall be distributed to school districts and special schools based on the EFA formula.  This would result in a maximum base student cost increase of approximately $58 or a total maximum base student cost of $2,070.
     1.71.      (SDE: Lee County Bus Shop)  From the funds appropriated in program XB, Bus Shops, in the current fiscal year, the department must fund the Lee County School District Bus Shop and the Kershaw County School District Bus Shop at the same level as they were funded in the previous fiscal year.
     1.72.      (SDE: School Enrollment Policy)  For Fiscal Year 2012-13 2013-14, any school district with an open enrollment policy for all schools or certain schools which had previously accepted certain students residing outside of the district to an academic magnet school in the district must continue to accept these students and their siblings for enrollment at the academic magnet school under the same terms and conditions these students were previously permitted to attend the school.
     1.73.      (SDE: District Funding Flexibility)  DELETED
     1.74.      (SDE: Alternative Fuel School Bus Pilot)  For the current fiscal year, the State Department of Education or any school district of the state is permitted to enter into an agreement to pilot school buses operated using alternative fuels.
     1.75.      (SDE: Public Charter Pupil Counts)  With funds appropriated to the South Carolina Public Charter School District, the district must require each charter school to submit a student attendance report for the 5th, 45th, 90th and 135th days.  Reporting requirements shall include both Average Daily Membership and Weighted Pupil Unit membership.  The South Carolina Public Charter School District shall then provide the data for each charter school to the Department of Education.  Quarterly, the department will submit the information to the House Ways and Means Committee, the House Education and Public Works Committee, the Senate Finance Committee and the Senate Education Committee.
     The South Carolina Public Charter School District must also require each virtual charter school to collect the following information:  (1) the reason or reasons why each student enrolled in the virtual charter school district from both the parent(s) and the referring school district; and (2) the reason or reasons why a student withdrew from the virtual charter school district.  This data must be provided to the Department of Education quarterly and must include the unique student identifier.  The department, in turn, will provide summary information to the House Ways and Means Committee, the House Education and Public Works Committee, the Senate Finance Committee and the Senate Education Committee on the enrollment and withdrawal information.
     1.76.      (SDE: Transportation Maintenance Facilities)  For the current fiscal year, a school district wishing to include school bus maintenance in a contract with a private vendor may enter into an agreement with the Department of Education whereby the department releases the school district to include school bus maintenance in the private vendor contract.
     1.77.      (SDE: First Steps)  The South Carolina First Steps to School Readiness Board of Trustees shall incorporate findings of the Legislative Audit Council within the scope of the First Steps next external evaluation.  The report shall be submitted to the General Assembly no later than November 15, 2014.
     1.78.      (SDE: Salary Negotiation)  For Fiscal Year 2013-14, school districts uniformly may negotiate salaries below the school district salary schedule for the 2013-14 school year for retired teachers who are not participants in the teacher and employee retention incentive program.
     1.79.      (SDE: School District Activity Bus Advertisements)  School Districts may sell commercial advertising space on the outside or inside of district owned activity buses.  However, as defined and determined by the local school board, a school district may not sell such commercial advertising if the advertisement promotes a political candidate, ideology, or cause, a product that could be harmful to children, or a product that appeals to the prurient interest.  Revenue generated from the sale of commercial advertising space shall be retained by the school district.
     1.80.      (SDE: Early Warning Referral and Monitoring System)  For Fiscal Year 2013-14 the Department of Education, utilizing funds appropriated to or authorized for the department, is directed to issue a request for proposal to provide a pilot early warning, identification, referral and monitoring technology for students showing signs of academic, behavioral or emotional risk.  The department may use up to $360,000 to enter into an agreement for the provision of the pilot.  The pilot may be conducted in up to five school districts (to serve between 40,000 and 60,000 students).  An interim report on the results of the pilot project, including the number of students referred to and accessing academic, mental health and other services shall be submitted to the Chairman of the Senate Finance Committee, the Chairman of the Senate Education Committee, the Chairman of the House Ways and Means Committee, and the Chairman of the House Education and Public Works Committee, by March 1, 2014.
     1.81.      (SDE: School District Property)  The requirements of Section 59-19-250 of the 1976 Code, as amended, which requires the consent of a governing board of a county in order for school trustees to sell or lease school property whenever they deem it expedient to do so are suspended for the current fiscal year.
     1.82.      (SDE: Digital Instructional Materials)  Utilizing the funds appropriated for digital instructional materials, the Department of Education shall determine a per pupil amount using the prior year’s 135 ADM.  These funds shall be made available to all school districts using the following procedure:
     (1)      The Department of Education shall create a digital instructional materials list composed of those items which have been requested by districts and that have received Board approval;
     (2)      Districts may request that the State Board of Education review digital instructional materials for inclusion on the list when the material has been reviewed by the district, received approval by the local board of trustees for use in its district and been found to reflect the substance and level of performance outlined in the state adopted grade specific educational standards, contain current content information, and are cost effective;
     (3)      Within 30 days of receiving the request, the State Board of Education must approve or disapprove the district’s request.  Those materials receiving approval shall be placed on the department’s approved digital instructional materials list.  Once items are placed on the approved list, all districts may choose items from that list; and
     (4)      On a form provided by the department, a district may request an allocation by denoting the number of students, grade level, and subject for which the digital materials will be used.  Districts may only request digital materials in one subject area and may not receive textbooks for the students using digital materials in that subject area.
     District requests must be submitted to the State Board of Education for consideration not later than August 15 of the current fiscal year.  Any funds appropriated for digital instructional materials which have not been encumbered by January 15, shall be distributed to school districts which have not previously received an allocation  These districts shall receive a per pupil allocation which must be used for technology infrastructure needed to prepare the district for using digital instructional materials.  These funds shall not be subject to flexibility.
     1.83.      (SDE: Child Development Education Pilot Program)  There is created the South Carolina Child Development Education Pilot Program (CDEPP).  This program shall be available for the current school year on a voluntary basis and shall focus on the developmental and learning support that children must have in order to be ready for school and must incorporate parenting education.
     (A)      For the current school year, with funds appropriated by the General Assembly, the South Carolina Child Development Education Pilot Program shall first be made available to eligible children from the trial and plaintiff school districts in the Abbeville County School District et. al. vs. South Carolina and then expanded to eligible children residing in school districts with a poverty index of seventy-five percent or greater.
     Unexpended funds from the prior fiscal year for this program shall be carried forward and shall remain in the program.  In rare instances, students with documented kindergarten readiness barriers may be permitted to enroll for a second year, or at age five, at the discretion of the Department of Education for students being served by a public provider or at the discretion of the Office of South Carolina First Steps to School Readiness for students being served by a private provider.
     (B)      Each child residing in the pilot districts, who will have attained the age of four years on or before September first, of the school year, and meets the at-risk criteria is eligible for enrollment in the South Carolina Child Development Education Pilot Program for one year.
     The parent of each eligible child may enroll the child in one of the following programs:
                 (1)      a school-year four-year-old kindergarten program delivered by an approved public provider; or
                 (2)      a school-year four-year-old kindergarten program delivered by an approved private provider.
     The parent enrolling a child must complete and submit an application to the approved provider of choice.  The application must be submitted on forms and must be accompanied by a copy of the child’s birth certificate, immunization documentation, and documentation of the student’s eligibility as evidenced by family income documentation showing an annual family income of one hundred eighty-five percent or less of the federal poverty guidelines as promulgated annually by the U.S. Department of Health and Human Services or a statement of Medicaid eligibility.
     In submitting an application for enrollment, the parent agrees to comply with provider attendance policies during the school year.  The attendance policy must state that the program consists of 6.5 hours of instructional time daily and operates for a period of not less than one hundred eighty days per year.  Pursuant to program guidelines, noncompliance with attendance policies may result in removal from the program.
     No parent is required to pay tuition or fees solely for the purpose of enrolling in or attending the program established under this provision.  Nothing in this provision prohibits charging fees for childcare that may be provided outside the times of the instructional day provided in these programs.
     If by October first of the school year at least seventy-five percent of the total number of eligible CDEPP children in a district or county are projected to be enrolled in CDEPP, Head Start or ABC Child Care Program as determined by the Department of Education and the Office of First Steps, CDEPP providers may then enroll pay-lunch children who score at or below the twenty-fifth national percentile on two of the three DIAL-3 subscales and may receive reimbursement for these children if funds are available.
     (C)      Public school providers choosing to participate in the South Carolina Four-Year-Old Child Development Kindergarten Program must submit an application to the Department of Education.  Private providers choosing to participate in the South Carolina Four-Year-Old Child Development Kindergarten Program must submit an application to the Office of First Steps.  The application must be submitted on the forms prescribed, contain assurances that the provider meets all program criteria set forth in this provision, and will comply with all reporting and assessment requirements.
     Providers shall:
                 (1)      comply with all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services;
                 (2)      comply with all state and local health and safety laws and codes;
                 (3)      comply with all state laws that apply regarding criminal background checks for employees and exclude from employment any individual not permitted by state law to work with children;
                 (4)      be accountable for meeting the education needs of the child and report at least quarterly to the parent/guardian on his progress;
                 (5)      comply with all program, reporting, and assessment criteria required of providers;
                 (6)      maintain individual student records for each child enrolled in the program to include, but not be limited to, assessment data, health data, records of teacher observations, and records of parent or guardian and teacher conferences;
                 (7)      designate whether extended day services will be offered to the parents/guardians of children participating in the program;
                 (8)      be approved, registered, or licensed by the Department of Social Services; and
                 (9)      comply with all state and federal laws and requirements specific to program providers.
     Providers may limit student enrollment based upon space available.  However if enrollment exceeds available space, providers shall enroll children with first priority given to children with the lowest scores on an approved pre-kindergarten readiness assessment.  Private providers shall not be required to expand their programs to accommodate all children desiring enrollment.  However, providers are encouraged to keep a waiting list for students they are unable to serve because of space limitations.
     (D)      The Department of Education and the Office of First Steps to School Readiness shall:
                 (1)            develop the provider application form;
                 (2)            develop the child enrollment application form;
                 (3)            develop a list of approved research-based preschool curricula for use in the program based upon the South Carolina Content Standards, provide training and technical assistance to support its effective use in approved classrooms serving children;
                 (4)            develop a list of approve pre-kindergarten readiness assessments to be used in conjunction with the program, provide assessments and technical assistance to support assessment administration in approved classrooms serving children;
                 (5)            establish criteria for awarding new classroom equipping grants;
                 (6)            establish criteria for the parenting education program providers must offer;
                 (7)            establish a list of early childhood related fields that may be used in meeting the lead teacher qualifications;
                 (8)            develop a list of data collection needs to be used in implementation and evaluation of the program;
                 (9)            identify teacher preparation program options and assist lead teachers in meeting teacher program requirements;
                 (10)      establish criteria for granting student retention waivers; and
                 (11)      establish criteria for granting classroom size requirements waivers.
     (E)      Providers of the South Carolina Child Development Education Pilot Program shall offer a complete educational program in accordance with age-appropriate instructional practice and a research based preschool curriculum aligned with school success.  The program must focus on the developmental and learning support children must have in order to be ready for school.  The provider must also incorporate parenting education that promotes the school readiness of preschool children by strengthening parent involvement in the learning process with an emphasis on interactive literacy.
     Providers shall offer high-quality, center-based programs that must include, but shall not be limited to, the following:
                 (1)      employ a lead teacher with a two-year degree in early childhood education or related field or be granted a waiver of this requirement from the Department of Education or the Office of First Steps to School Readiness;
                 (2)      employ an education assistant with pre-service or in-service training in early childhood education;
                 (3)      maintain classrooms with at least ten four-year-old children, but no more than twenty four-year-old children with an adult to child ratio of 1:10.  With classrooms having a minimum of ten children, the 1:10 ratio must be a lead teacher to child ratio.  Waivers of the minimum class size requirement may be granted by the South Carolina Department of Education for public providers or by the Office of First Steps to School Readiness for private providers on a case-by-case basis;
                 (4)      offer a full day, center-based program with 6.5 hours of instruction daily for one hundred eighty school days;
                 (5)      provide an approved research-based preschool curriculum that focuses on critical child development skills, especially early literacy, numeracy, and social/emotional development;
                 (6)      engage parents’ participation in their child’s educational experience that shall include a minimum of two documented conferences per year; and
                 (7)      adhere to professional development requirements outlined in this article.
     (F)      Every classroom providing services to four-year-old children established pursuant to this provision must have a lead teacher with at least a two-year degree in early childhood education or related field and who is enrolled and is demonstrating progress toward the completion of a teacher education program within four years.  Every classroom must also have at least one education assistant per classroom who shall have the minimum of a high school diploma or the equivalent, and at least two years of experience working with children under five years old.  The teaching assistant shall have completed the Early Childhood Development Credential (ECD) 101 or enroll and complete this course within twelve months of hire.  Providers may request waivers to the ECD 101 requirement for those assistants who have demonstrated sufficient experience in teaching children five years old and younger.  The providers must request this waiver in writing to their designated administrative agency (First Steps or the Department of Education) and provide appropriate documentation as to the qualifications of the teaching assistant.
     (G)      The General Assembly recognizes there is a strong relationship between the skills and preparation of pre-kindergarten instructors and the educational outcomes of students.  To improve these education outcomes, participating providers shall require all personnel providing instruction and classroom support to students participating in the South Carolina Child Development Education Pilot Program to participate annually in a minimum of fifteen hours of professional development to include teaching children from poverty.  Professional development should provide instruction in strategies and techniques to address the age-appropriate progress of pre-kindergarten students in developing emergent literacy skills, including but not limited to, oral communication, knowledge of print and letters, phonemic and phonological awareness, and vocabulary and comprehension development.
     (H)      Both public and private providers shall be eligible for transportation funds for the transportation of children to and from school.  Nothing within this provision prohibits providers from contracting with another entity to provide transportation services provided the entities adhere to the requirements of Section 56-5-195.  Providers shall not be responsible for transporting students attending programs outside the district lines.  Parents choosing program providers located outside of their resident district shall be responsible for transportation.  When transporting four-year-old child development students, providers shall make every effort to transport them with students of similar ages attending the same school.  Of the amount appropriated for the program, not more than $185 per student shall be retained by the Department of Education for the purposes of transporting four-year-old students.  This amount must be increased annually by the same projected rate of inflation as determined by the Division of Research and Statistics of the Budget and Control Board for the Education Finance Act.
     (I)      For all private providers approved to offer services pursuant to this provision, the Office of First Steps to School Readiness shall:
                 (1)      serve as the fiscal agent;
                 (2)      verify student enrollment eligibility;
                 (3)      recruit, review, and approve eligible providers.  In considering approval of providers, consideration must be given to the provider’s availability of permanent space for program service and whether temporary classroom space is necessary to provide services to any children;
                 (4)      coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;
                 (5)      serve as a clearing house for information and best practices related to four-year-old kindergarten programs;
                 (6)      receive, review, and approve new classroom grant applications and make recommendations for approval based on approved criteria;
                 (7)      coordinate activities and promote collaboration with other private and public providers in developing and supporting four-year-old kindergarten programs;
                 (8)      maintain a database of the children enrolled in the program; and
                 (9)      promulgate guidelines as necessary for the implementation of the pilot program.
     (J)      For all public school providers approved to offer services pursuant to this provision, the Department of Education shall:
                 (1)      serve as the fiscal agent;
                 (2)      verify student enrollment eligibility;
                 (3)      recruit, review, and approve eligible providers.  In considering approval of providers, consideration must be given to the provider’s availability of permanent space for program service and whether temporary classroom space is necessary to provide services to any children;
                 (4)      coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;
                 (5)      serve as a clearing house for information and best practices related to four-year-old kindergarten programs;
                 (6)      receive, review, and approve new classroom grant applications and make recommendations for approval based on approved criteria;
                 (7)      coordinate activities and promote collaboration with other private and public providers in developing and supporting four-year-old kindergarten programs;
                 (8)      maintain a database of the children enrolled in the program; and
                 (9)      promulgate guidelines as necessary for the implementation of the pilot program.
     (K)      The General Assembly shall provide funding for the South Carolina Child Development Education Pilot Program.  For the current school year, the funded cost per child shall be $4,218 increased annually by the rate of inflation as determined by the Division of Research and Statistics of the Budget and Control Board for the Education Finance Act.  Eligible students enrolling with private providers during the school year shall be funded on a pro rata basis determined by the length of their enrollment.  Private providers transporting eligible children to and from school shall be eligible for a reimbursement of $550 per eligible child transported.  Providers who are reimbursed are required to retain records as required by their fiscal agent.  Providers enrolling between one and six eligible children shall be eligible to receive up to $1,000 per child in materials and equipment grant funding, with providers enrolling seven or more such children eligible for grants not to exceed $10,000.  Providers receiving equipment grants are expected to participate in the program and provide high-quality, center-based programs as defined herein for a minimum of three years.  Failure to participate for three years will require the provider to return a portion of the equipment allocation at a level determined by the Department of Education and the Office of First Steps to School Readiness.  Funding to providers is contingent upon receipt of data as requested by the Department of Education and the Office of First Steps.
     (L)      Pursuant to this provision, the Department of Social Services shall:
                 (1)      maintain a list of all approved public and private providers; and
                 (2)      provide the Department of Education and the Office of First Steps information necessary to carry out the requirements of this provision.
     (M)      The Office of First Steps to School Readiness shall be responsible for the collection and maintenance of data on the state funded programs provided through private providers.
     (N)      Of the funds appropriated, $300,000 shall be allocated to the Education Oversight Committee to conduct an annual evaluation of the South Carolina Child Development Education Pilot Program and to issue findings in a report to the General Assembly by January 15 of each year.  The evaluation shall include, but is not limited to: (1) student data including the number of at-risk four-year-old kindergarten students served in publically funded programs, by county and by program; (2) program effectiveness including developmentally appropriate assessments of children to measure emerging literacy and numeracy; (3) individual classroom assessments to determine program quality; (4) longitudinal analysis of academic and non-academic measures of success for children who participated in the program; and (5) an evaluation of the professional development, monitoring and assistance offered to public and private providers.
     To aid in this evaluation, the Education Oversight Committee shall determine the data necessary and both public and private providers are required to submit the necessary data as a condition of continued participation in and funding of the program.  This data shall include developmentally appropriate measures of student progress.  Additionally, the Department of Education shall issue a unique student identifier for each child receiving services from a private provider.  The Department of Education shall be responsible for the collection and maintenance of data on the public state funded full day and half-day four-year-old kindergarten programs.  The Office of First Steps to School Readiness shall be responsible for the collection and maintenance of data on the state funded programs provided through private providers.  The Education Oversight Committee shall use this data and all other collected and maintained data necessary to conduct a research based review of the program's implementation and assessment of student success in the early elementary grades.
     1.84.      (SDE: Summer Reading Camps)  For the current fiscal year, funds appropriated for summer reading camps must be allocated as follows:  (1) $300,000 to the Department of Education to provide bus transportation for students attending the camps; and (2) the remainder on a per pupil allocation to each school district based on the number of students who scored Not Met 1 on the third grade reading and research assessment of the prior year’s Palmetto Assessment of State Standards administration.  The reading camps must provide an educational program offered in the summer by each local school district for students who are substantially not demonstrating reading proficiency at the end of third grade.  The camp must be six to eight weeks long for four or five days each week and include at least five and one-half hours of instructional time daily.  The camps must be taught by compensated, licensed teachers who have demonstrated substantial success in helping students comprehend grade-appropriate texts.  Schools and districts should partner with county or school libraries, community organizations, faith-based institutions, pediatric and family practice medical personnel, businesses, and other groups to provide volunteers, mentors, tutors, space, or other support to assist with the provision of the summer reading camps.  In addition, a district may offer summer reading camps for students who are not exhibiting reading proficiency in prekindergarten through grade 2 and may charge fees based on a sliding scale pursuant to Section 59-19-90 of the 1976 Code, as amended.

SECTION 1A - H63-DEPARTMENT OF EDUCATION-EIA

     1A.1.      (SDE-EIA: XII-Prohibition on Appropriation Transfers)  The amounts appropriated herein for aid to subdivisions or allocations to school districts shall not be transferred or reduced and must be expended in accordance with the intent of the appropriation.  However, transfers are authorized from allocations to school districts or special line items with projected year-end excess appropriations above requirements, to allocations to school districts or special line items with projected deficits in appropriations.
     1A.2.      (SDE-EIA: XII.A.1 Services for Students with Disabilities)  The money appropriated in Part IA, Section 1, XII.A.1. for Services for Students with Disabilities shall be used only for educational services for trainable pupils with intellectual disabilities and pupils with profound pupils with moderate to severe intellectual disabilities.
     1A.3.      (SDE-EIA: XII.B - Half Day Program for Four-Year-Olds)  Funds appropriated in Part IA, Section 1, XII.B. for half-day programs for four-year-olds shall be distributed based on the prior year number of students in kindergarten eligible for free and reduce price lunch.
     1A.4.      (SDE-EIA: XII.A.3. African-American History)  Funds provided for the development of the African-American History curricula may be carried forward into the current fiscal year to be expended for the same purpose.
     1A.5.      (SDE-EIA: XII.C.2-Teacher Evaluations, XII.F.2- Implementation/Education Oversight)  The Department of Education is directed to oversee the evaluation of teachers at the School for the Deaf and the Blind, the John de la Howe School and the Department of Juvenile Justice under the ADEPT model.
     1A.6.      (SDE-EIA: XII.F.2-Teacher Salaries/State Agencies)  Each state agency which does not contain a school district but has instructional personnel shall receive an allocation from the line item "Alloc. EIA - Teacher/Other Pay" in Part IA, Section 1, XII.F.2. for teachers salaries based on the following formula:  Each state agency shall receive such funds as are necessary to adjust the pay of all instructional personnel to the appropriate salary provided by the salary schedules of the school district in which the agency is located.  Instructional personnel may include all positions which would be eligible for EIA supplements in a public school district, and may at the discretion of the state agency, be defined to cover curriculum development specialists, educational testing psychologists, psychological and guidance counselors, and principals.  The twelvemonth agricultural teachers located at Clemson University are to be included in this allocation of funds for base salary increases.  The South Carolina Governor’s School for the Arts and Humanities and the South Carolina Governor’s School for Science and Mathematics are authorized to increase the salaries of instructional personnel by an amount equal to the percentage increase given by the School District in which they are both located.
     The funds appropriated herein in the line item "Alloc. EIATeacher/Other Pay" must be distributed to the agencies by the Budget and Control Board.
     1A.7.      (SDE-EIA: XII.A.1-Work-Based Learning)  Of the funds appropriated in Part IA, Section 1, XII.A.1. for the Work-Based Learning Program, $75,000 shall be used by the State Department of Education to provide for regional professional development in contextual methodology techniques and integration of curriculum, and professional development in career guidance for teachers and guidance counselors and training mentors.  Pilot-site delivery of contextual methodology training in mathematics will be supported by technology and hands-on lab activities.  In addition, $500,000 shall be allocated for Regional Career Specialists.  Each Regional Career Specialist shall (1) be housed within the regional centers/WIA geographic areas, (2) provide career development activities throughout all schools within the region, (3) be under the program supervision of the Office of Career and Technology Education, State Department of Education, and (4) adhere to an accountability and evaluation plan created by the Office of Career and Technology Education, State Department of Education.  The Office of Career and Technology Education, State Department of Education, shall provide a report, in February of the current fiscal year to the Senate Finance Committee and the House Ways and Means Committee on accomplishments of the Career Counseling Specialists.  Of the funds appropriated in the prior fiscal year, unexpended funds may be carried forward to the current fiscal year and expended for the same purposes.
     1A.8.      (SDE-EIA: XII.E.2.-Evaluation/EIA Programs)  Of the funds appropriated in Part IA, Section 1, XII.E.2. for EIA Implementation, Other Operating Expenses, fifty percent may only be used by the State Department of Education to support its contracted program evaluations.  Of the remaining funds appropriated in Part IA, Section 1, XII.E.2. for EIA Implementation, Other Operating Expenses shall be used to support the continuation of program and policy evaluations and studies and to support the state’s participation in the Middle Grades Project, at no less than twenty-five percent.  Provided further, for the current fiscal year, twenty-five percent shall be provided to the South Carolina Educational Policy Center for collaborative projects with the Department of Education and the Education Oversight Committee to provide research based information and consultation services on technical issues related to establishing a more thorough accountability system for public schools, school districts, and the K-12 education system.  These entities shall pursue grants and contracts to supplement state appropriations.
     1A.9.      (SDE-EIA: XII.F.2-CHE/Teacher Recruitment)  Of the funds appropriated in Part IA, Section 1, XII.F.2. for the Teacher Recruitment Program, the South Carolina Commission on Higher Education shall distribute a total of ninety-two percent to the Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) for a state teacher recruitment program, of which at least seventy-eight percent must be used for the Teaching Fellows Program specifically to provide scholarships for future teachers, and of which twenty-two percent must be used for other aspects of the state teacher recruitment program, including the Teacher Cadet Program and $166,302 which must be used for specific programs to recruit minority teachers: and shall distribute eight percent to South Carolina State University to be used only for the operation of a minority teacher recruitment program and therefore shall not be used for the operation of their established general education programs.  The current year administrative base reduction may be applied proportionately between CERRA and SC State University while none of the reduction may be applied to Teaching Fellows Scholarships.  Working with districts with an absolute rating of At-Risk or Below Average, CERRA will provide shared initiatives to recruit and retain teachers to schools in these districts.  CERRA will report annually by October first to the Education Oversight Committee and the Department of Education on the success of the recruitment and retention efforts in these schools.  The South Carolina Commission on Higher Education shall ensure that all funds are used to promote teacher recruitment on a statewide basis, shall ensure the continued coordination of efforts among the three teacher recruitment projects, shall review the use of funds and shall have prior program and budget approval.  The South Carolina State University program, in consultation with the Commission on Higher Education, shall extend beyond the geographic area it currently serves.  Annually, the Commission on Higher Education shall evaluate the effectiveness of each of the teacher recruitment projects and shall report its findings and its program and budget recommendations to the House and Senate Education Committees, the State Board of Education and the Education Oversight Committee by October 1 annually, in a format agreed upon by the Education Oversight Committee and the Department of Education.
     With the funds appropriated CERRA shall also establish, appoint, and maintain the South Carolina Teacher Loan Advisory Committee.  The Committee shall be composed of one member representing each of the following:  (1) Commission on Higher Education; (2) State Board of Education; (3) Education Oversight Committee; (4) Center for Educator Recruitment, Retention, and Advancement; (5) South Carolina Student Loan Corporation; (6) South Carolina Association of Student Financial Aid Administrators; (7) a local school district human resources officer; (8) a public higher education institution with an approved teacher education program; and (9) a private higher education institution with an approved teacher education program.  The members of the committee representing the public and private higher education institutions shall rotate among those intuitions and shall serve a two-year term on the committee.  Initial appointments must be made by July 1, 2013, at which time the member representing CERRA shall call the first meeting.  At the initial meeting, a chairperson and vice-chairperson must be elected by a majority vote of the committee.  The committee must be staffed by CERRA, and shall meet at least twice annually.  The committee’s responsibilities are limited to:  (1) establishing goals for the Teacher Loan Program; (2) facilitating communication among the cooperating agencies; (3) advocating for program participants; and (4) recommending policies and procedures necessary to promote and maintain the program.
     1A.10.      (SDE-EIA: XII.F.2-Disbursements/Other Entities)  Notwithstanding the provisions of Sections 2-7-66 and 11-3-50, S.C. Code of Laws, it is the intent of the General Assembly that funds appropriated in Part IA, Section 1, XII.F.2. Other State Agencies and Entities shall be disbursed on a quarterly basis by the Department of Revenue directly to the state agencies and entities referenced except for the Teacher Loan Program, Centers of Excellence, the Education Oversight Committee and School Technology, which shall receive their full appropriation at the start of the fiscal year from available revenue.  The Comptroller General’s Office is authorized to make necessary appropriation reductions in Part IA, Section 1, XII.F.2. to prevent duplicate appropriations.  If the Education Improvement Act appropriations in the agency and entity respective sections of the General Appropriations Act at the start of the fiscal year do not agree with the appropriations in Part IA, Section 1, XII.F.2. Other State Agencies and Entities, the "other funds" appropriations in the respective agency and entity sections of the General Appropriations Act will be adjusted by the Comptroller General’s Office to conform to the appropriations in Part IA, Section 1, XII.F.2. Other State Agencies and Entities.
     1A.11.      (SDE-EIA: XII.A.1-Arts in Education)  Funds appropriated in Part IA, Section 1, XII.A.1. Arts Curricula shall be used to support innovative practices in arts education curriculum, instruction, and assessment in the visual and performing arts including dance, music, theatre, and visual arts which incorporates strengths from the Arts in Education sites.  They shall also be used to support the advancement of the implementation of the visual and performing arts academic standards.  These funds shall be distributed to schools and school districts under a competitive grants program; however, up to thirty-three percent of the total amount of the grant fund shall be made available as "Aid to Other Agencies" to facilitate the funding of professional development arts institutes that have been approved by the State Department of Education for South Carolina arts teachers, appropriate classroom teachers, and administrators.  Arts Curricular Grants funds may be retained and carried forward into the current fiscal year to be expended in accordance with the proposed award.
     1A.12.      (SDE-EIA: XII.C.2-Teacher Supplies)  All certified public school teachers, certified special school classroom teachers, certified media specialists, and certified guidance counselors who are employed by a school district or a charter school as of November thirtieth of the current fiscal year, based on the public decision of the school board may receive reimbursement of up to two hundred seventy-five dollars each school year to offset expenses incurred by them for teaching supplies and materials.  Funds shall be disbursed by the department to School districts by July fifteenth based on the last reconciled Professional Certified Staff (PCS) listing from the previous year.  With remaining funds for this program, any deviation in the PCS and actual teacher count will be reconciled by December thirty-first or as soon as practicable thereafter.  Based on the public decision of the school district these funds shall be disbursed in a manner separate and distinct from their payroll check on the first day teachers, by contract, are required to be in attendance at school for the current contract year.  This reimbursement shall not be considered by the state as taxable income.  Special schools include the Governor’s School for Science and Math, the Governor’s School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice, and Palmetto Unified School District.  Funds distributed to school districts or allocated to schools must not supplant existing supply money paid to teachers from other sources.  If a school district requires receipts for tax purposes the receipts may not be required before December thirty-first.  Districts that do not wish to require receipts may have teachers retain the receipts and certify for the district they have received the allocation for purchase of teaching supplies and/or materials and that they have purchased or will purchase supplies and/or materials during the fiscal year for the amount of the allocation.  Districts shall not have an audit exception related to non-retention of receipts in any instances where a similar instrument is utilized.  Any district requiring receipts must notify any teacher from whom receipts have not been submitted between November twenty-fifth and December sixth that receipts must be submitted to the district.  Districts may not add any additional requirement not listed herein related to this reimbursement.
     1A.13.      (SDE-EIA: XI.C.2-Teacher of the Year Awards)  Of the funds provided herein for Teacher of the Year Awards, each district Teacher of the Year shall receive an award of $1,000.  In addition, the State Teacher of the Year shall receive an award of $25,000, and each of the four Honor Roll Teachers of the Year will receive an award of $10,000.  To be eligible, districts must participate in the State Teacher of the Year Program sponsored by the State Department of Education.  These awards shall not be subject to South Carolina income taxes.
     1A.14.      (SDE-EIA: EOC)  The Education Oversight Committee may collect, retain and expend revenue from conference registration and fees; charges for materials supplied to local school districts or other entities not otherwise mandated to be provided by state law; and from other activities or functions sponsored by the committee including public awareness campaign activities.  Any unexpended revenue from these sources may be carried forward into the current fiscal year and expended for the same purposes.  The Education Oversight Committee is permitted to utilize the funds appropriated to it to fund programs promoting the teaching of economic education in South Carolina.
     1A.15.      (SDE-EIA: Technical Assistance)  In order to best meet the needs of underperforming schools, funds appropriated for technical assistance to schools with an absolute rating of below average or at-risk on the most recent annual school report card must be allocated according to the severity of not meeting report card criteria.
     Schools receiving an absolute rating of below average or at-risk must develop and submit to the Department of Education a school renewal plan outlining goals for improvements.  Of the technical assistance funds allocated to below average or at-risk schools each allocation must address specific strategies designed to increase student achievement and must include measures to evaluate success.  The school renewal plan may include expenditures for recruitment incentives for faculty and staff, performance incentives for faculty and staff, assistance with curriculum and test score analysis, professional development activities based on curriculum and test score analysis that may include daily stipends if delivered on days outside of required contract days.  School expenditures of technical assistance shall be monitored by the Department of Education.
     With the funds appropriated to the Department of Education for technical assistance services, the department will assist schools with an absolute rating of below average or at-risk in designing and implementing technical assistance school renewal plans and in brokering for technical assistance personnel as needed and as stipulated in the plan.  In addition, the department must monitor student academic achievement and the expenditure of technical assistance funds in schools receiving these funds and report their findings to the General Assembly and the Education Oversight Committee by January first of each fiscal year as the General Assembly may direct.  If the Education Oversight Committee or the department requests information from schools or school districts regarding the expenditure of technical assistance funds pursuant to evaluations, the school or school district must provide the evaluation information necessary to determine effective use.  If the school or school district does not provide the evaluation information necessary to determine effective use, the principal of the school or the district superintendent may be subject to receiving a public reprimand by the State Board of Education if it is determined that those individuals are responsible for the failure to provide the required information.
     No more than five percent of the total amount appropriated for technical assistance services to schools with an absolute rating of below average or at-risk may be retained and expended by the department for implementation and delivery of technical assistance services.  Using previous report card data, the department shall identify priority schools.  Up to $6,000,000 of the total funds appropriated for technical assistance shall be used by the department to work with those schools identified as priority schools.  These funds shall not be transferred to any other funding category by the school district without prior approval of the State Superintendent of Education.
     The department will create a system of levels of technical assistance for schools that will receive technical assistance funds.  The levels will be determined by the severity of not meeting report card criteria.  The levels of technical assistance may include a per student allocation, placement of a principal mentor, replacement of the principal, and/or reconstitution of a school.
     Reconstitution means the redesign or reorganization of the school, which includes the declaration that all positions in the school are considered vacant.  Certified staff currently employed in priority schools must undergo a formal evaluation in the spring following the school’s identification as a priority school and must meet determined goals to be rehired and continue their employment at that school.  Student achievement will be considered as a significant factor when determining whether to rehire existing staff.  Educators who were employed at a school that is being reconstituted prior to the effective date of this proviso and to whom the employment and dismissal laws apply will not lose their rights in the reconstitution.  If they are not rehired or are not assigned to another school in the school district they have the opportunity for a hearing.  However, employment and dismissal laws shall not apply to educators who are employed in the district and assigned to the priority schools after the effective date of this proviso, in the event of a reconstitution of the school in which the educator is employed.  Those rights are only suspended in the event of a reconstitution of the entire school staff.  Additionally, the rights and requirements of the employment and dismissal laws do not apply to educators who are currently on an induction or annual contract, that subsequently are offered continuing contract status after the effective date of this proviso, and are employed at a school that is subject to reconstitution under this proviso.
     The reconstitution of a school could take place if the school has been identified as a priority school that has failed to improve satisfactorily.  The decision to reconstitute a school shall be made by the State Superintendent of Education in consultation with the principal and/or principal mentor, the school board of trustees, and the district superintendent.  The decision to reconstitute a school shall be made by April first, at which time notice shall be given to all employees of the school.  The department, in consultation with the principal and district superintendent, shall develop a staffing plan, recruitment and performance bonuses, and a budget for each reconstituted school.
     Upon approval of the school renewal plans by the department and the State Board of Education, a newly identified school or a currently identified school with an absolute rating of below average or at-risk on the report card will receive a base amount and a per pupil allocation based on the previous year’s average daily membership as determined by the annual budget appropriation.  No more than fifteen percent of funds not expended in the prior fiscal year may be carried forward and expended in the current fiscal year for strategies outlined in the school’s renewal plan.  Schools must use technical assistance funds to augment or increase, not to replace or supplant local or state revenues that would have been used if the technical assistance funds had not been available.  Schools must use technical assistance funds only to supplement, and to the extent practical, increase the level of funds available from other revenue sources.
     1A.16.      (SDE-EIA: Proviso Allocations)  In the event an official EIA revenue shortfall is declared by the Board of Economic Advisors, the Department of Education may reduce any allocation in Section 1A specifically designated by proviso in accordance with the lower Board of Economic Advisors revenue estimate as directed by the Office of State Budget.  No allocation for teacher salaries shall be reduced as a result of this proviso.
     1A.17.      (SDE-EIA: School Districts and Special Schools Flexibility)  All school districts and special schools of this State may transfer and expend funds among appropriated state general fund revenues, Education Improvement Act funds, Education Lottery Act funds, and funds received from the Children's Education Endowment Fund for school facilities and fixed equipment assistance, to ensure the delivery of academic and arts instruction to students.  However, a school district may not transfer funds allocated specifically for state level maintenance of effort requirements under IDEA, funds allocated specifically for state level maintenance of effort requirement for federal program, required for debt service or bonded indebtedness.  All school districts and special schools of this State may suspend professional staffing ratios and expenditure regulations and guidelines at the sub-function and service area level, except for four-year old programs and programs serving students with exceptional needs.
     In order for a school district to take advantage of the flexibility provisions, at least seventy-five percent of the school district's per pupil expenditures must be utilized within the In$ite categories of instruction, instructional support, and non-instruction pupil services.  No portion of the seventy-five percent may be used for business services, debt service, capital outlay, program management, and leadership services, as defined by In$ite.  The school district shall report to the Department of Education the actual percentage of its per pupil expenditures used for classroom instruction, instructional support, and non-instruction pupil services for the current school year ending June 30.  Salaries of on-site principals must be included in the calculation of the district’s per pupil expenditures.
     "In$ite" means the financial analysis model for education programs utilized by the Department of Education.
     School districts are encouraged to reduce expenditures by means, including, but not limited to, limiting the number of low enrollment courses, reducing travel for the staff and the school district's board, reducing and limiting activities requiring dues and memberships, reducing transportation costs for extracurricular and academic competitions, restructuring administrative staffing, and expanding virtual instruction.
     School districts and special schools may carry forward unexpended funds from the prior fiscal year into the current fiscal year.
     Prior to implementing the flexibility authorized herein, school districts must provide to Public Charter Schools the per pupil allocation due to them for each categorical program.
     Quarterly throughout the current fiscal year, the chairman of each school district's board and the superintendent of each school district must certify where non-instructional or non-essential programs have been suspended and the specific flexibility actions taken.  The certification must be in writing, signed by the chairman and the superintendent, delivered electronically to the State Superintendent of Education, and an electronic copy forwarded to the Chairman of the Senate Finance Committee, the Chairman of the Senate Education Committee, the Chairman of the House Ways and Means Committee, and the Chairman of the House Education and Public Works Committee.  Additionally, the certification must be presented publicly at a regularly called school board meeting, and the certification must be conspicuously posted on the internet website maintained by the school district.
     For the current fiscal year, Section 59-21-1030 is suspended.  Formative assessments for grades one, two, and nine, the foreign language program assessment, and the physical education assessment must be suspended.  School districts and the Department of Education are granted permission to purchase the most economical type of bus fuel.
     For the current fiscal year, savings generated from the suspension of the assessments enumerated above must be allocated to school districts based on weighted pupil units.
     School districts must maintain a transaction register that includes a complete record of all funds expended over one hundred dollars, from whatever source, for whatever purpose.  The register must be prominently posted on the district’s internet website and made available for public viewing and downloading.  The register must include for each expenditure:
           (i)                  the transaction amount;
           (ii)            the name of the payee; and
           (iii)            a statement providing a detailed description of the expenditure.
     The register must not include an entry for salary, wages, or other compensation paid to individual employees.  The register must not include any information that can be used to identify an individual employee.  The register must be accompanied by a complete explanation of any codes or acronyms used to identify a payee or an expenditure.  The register must be searchable and updated at least once a month.
     Each school district must also maintain on its internet website a copy of each monthly statement for all of the credit cards maintained by the entity, including credit cards issued to its officers or employees for official use.  The credit card number on each statement must be redacted prior to posting on the internet website.  Each credit card statement must be posted not later than the thirtieth day after the first date that any portion of the balance due as shown on the statement is paid.
     The Comptroller General must establish and maintain a website to contain the information required by this section from a school district that does not maintain its own internet website.  The internet website must be organized so that the public can differentiate between the school districts and search for the information they are seeking.
     School districts that do not maintain an internet website must transmit all information required by this provision to the Comptroller General in a manner and at a time determined by the Comptroller General to be included on the internet website.
           The provisions contained herein do not amend, suspend, supersede, replace, revoke, restrict, or otherwise affect Chapter 4, Title 30, the South Carolina Freedom of Information Act.
     1A.18.      (SDE-EIA: Teacher Salary Supplement)  The department is directed to carry forward prior year unobligated teacher salary supplement and related employer contribution funds into the current fiscal year to be used for the same purpose.
     1A.19.      (SDE-EIA: Dropout Prevention and High Schools That Work Programs)  The Department of Education must report annually by December first, to the Governor, the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, the Chairman of the Senate Education Committee, and the Chairman of the House Education and Public Works Committee on the effectiveness of dropout prevention programs funded by the Education and Economic Development Act and on the High Schools that Work Programs’ progress and effectiveness in providing a better prepared workforce and student success in post-secondary education.  The department, school districts, and special schools may carry forward unexpended funds from the prior fiscal year into the current fiscal that were allocated for High Schools That Work.
     1A.20.      (SDE-EIA: Assessment)  The department is authorized to carry forward into the current fiscal year, prior year state assessment funds for the purpose of paying for state assessment activities not completed by the end of the fiscal year including the scoring of the spring statewide accountability assessment.
     1A.21.      (SDE-EIA: Report Card Information)  The percentage each school district expended on classroom instruction as defined by the Department of Education’s In$ite classification for "Instruction" must be printed on the Annual School and District Report Card.
     1A.22.      (SDE-EIA: Core Curriculum Materials)  The funds appropriated in Part IA, Section 1, XII.A.3 for instructional materials for core curriculum shall be expended consistent with the requirements of Section 59-31-600 of the 1976 Code requiring the development of higher order thinking skills and critical thinking which should be integrated throughout the core curriculum instructional materials.  Furthermore, the evaluation criteria used to select instructional materials with funds appropriated in Part IA, Section 1, XII.A.3 shall include a weight of up to ten percent of the overall criteria to the development of higher order thinking skills and critical thinking.
     1A.23.      (SDE-EIA: XII-E.2.- Certified Staff Technology Proficiency)  To ensure the effective and efficient use of the funding provided by the General Assembly in Part IA, Section 1 XII.E.2 for school technology in the classroom and internet access, the State Department of Education shall approve district technology plans that specifically address and incorporate certified staff technology competency standards and local school districts must require certified staff to demonstrate proficiency in these standards as part of each certified staff’s Professional Development plan.  The Department of Education’s professional development tracking, prescriptive and electronic portfolio system for certified staff is the preferred method for demonstrating technology proficiency as this system is aligned to the International Society for Technology in Education (ISTE) teacher standards.  Evidence that districts are meeting the requirement is a prerequisite to expenditure of a district’s technology funds.
     1A.24.      (SDE-EIA: Accountability Program Implementation)  To support implementation of the accountability program, the Education Oversight Committee may carry forward unexpended Education Accountability Act funds authorized specifically for the administration of the Education Oversight Committee.
     1A.25.      (SDE-EIA: 4K Targeting)  EIA funds allocated for the provision of four-year-old kindergarten shall be utilized for the provision of services to age-eligible children qualifying for free or reduced-price lunch or Medicaid.  Children with developmental delays documented through state approved screening assessments or children with medically documented disabilities who do not already qualify for special need services should also be considered for enrollment.  In the event that more students seek to enroll than available space permits, districts shall prioritize students (at the time of acceptance) on the basis of family income expressed as a percentage of the federal poverty guidelines, with the lowest family incomes given the highest enrollment priority.
     1A.26.      (SDE-EIA: Reading)  Of the funds appropriated for reading/literacy, the Department of Education, schools, and districts shall ensure that resources are utilized to improve student achievement in reading/literacy.  To focus on the importance of early reading and writing skills and to ensure that all students acquire reading/literacy skills by the end of grade three, fifty percent of the appropriation shall be directed toward acquisition of reading proficiency to include, but not be limited to, strategies in phonemic awareness, phonics, fluency, vocabulary, and comprehension.  Forty percent of the appropriation shall be directed toward classroom instruction and intervention to focus on struggling readers and writers in grades four through eight.  Ten percent of the appropriation should be directed toward acceleration to provide additional opportunities for deepening and refinement of literacy skills.
     Fifty percent of the funds shall be allocated to school districts based on the number of weighted pupil units in each school district in proportion to the statewide weighted pupil units using the one hundred thirty-five day count of the prior school year.  Fifty percent of the funds shall be allocated to the Department of Education to provide districts with research-based strategies and professional development and to work directly with schools and districts to assist with implementation of research-based strategies. When providing professional development the department and school districts must use the most cost effective method and when able utilize ETV to provide such services throughout the state.  The department shall provide for an evaluation to review first year implementation activities and to establish measurements for monitoring impact on student achievement.
     1A.27.      (SDE-EIA: Artistically and Academically High-Achieving Students)  EIA funds appropriated for high achieving students must be allocated to districts based on three factors:  (1) the number of students served in academic gifted and talented programs based on the prior year’s one hundred thirty-five day count of average daily membership adjusted for the current year’s forty-five day count and the number of students identified as artistically gifted and talented; (2) the number of students taking Advanced Placement or International Baccalaureate (IB) exams in the prior year; and (3) a per pupil allocation for charter schools serving state-identified artistically and academically high-achieving students in core academic classes with an accelerated curriculum that has been verified by the Department of Education to meet the requirements of State Board of Education Regulation 43-220 and if they are serving state-identified artistically and academically high-achieving students in core academic courses which are included on the prior year’s Commission on Higher Education’s list of transferable courses.  The Department of Education shall report to the Senate Education Committee and the House Education and Public Works Committee regarding the allocation and distribution of the funds by June first.  At least eighty-five percent of the funds appropriated for each student classified herein must be spent for instruction and instructional support for students who generated the funds.  Up to $500,000 of the funds may be retained by the Department of Education for teacher endorsement and certification activities.  Twelve Districts shall set-aside twelve percent of the funds shall be set-aside for serving artistically gifted and talented students in grades three through twelve.
     The board of trustees of a school district electing to charge a fee to the parent or legal guardian of a student taking the Advanced Placement or International Baccalaureate exam is required to develop a policy for such a fee which accounts for the student’s ability to pay and at an amount not to exceed the actual test cost.  A test fee may not be charged to students eligible for free lunch and must be pro rata for students eligible for reduced price lunch if the parent or legal guardian requests.
     Endorsement criteria established by the State Board of Education for teachers assigned to teach gifted and talented and advanced placement classes shall be suspended for the current school year.
     1A.28.      (SDE-EIA: Students at Risk of School Failure)  For the current fiscal year, EIA funds appropriated for students at academic risk of school failure, which include funds for Act 135 Academic Assistance, summer school, reduce class size, alternative schools, parent support and family literacy, must be allocated to school districts based two factors: (1) the poverty index of the district as documented on the most recent district report card, which measures student eligibility for the free or reduced price lunch program and Medicaid; and (2) the number of students not in poverty or eligible for Medicaid but who fail to meet state standards on state standards-based assessments in either reading or mathematics. At least eighty-five percent of the funds allocated for students classified as at academic risk must be spent on instruction and instructional support for these students who generated the funds. Instructional support may include family literacy and parenting programs to students at-risk for school failure and their families.  Students at academic risk are defined as students who are at risk of not graduating from high school because they failed either the English language arts or mathematics portion of the High School Assessment Program on first attempt and who score not met on grades three through eight in reading and mathematics state assessments.  Public charter schools, the Palmetto Unified School District, and the Department of Juvenile Justice must also receive a proportionate per pupil allocation based on the number of students at academic risk of school failure served.
     1A.29.      (SDE-EIA: Professional Development)  EIA funds appropriated for professional development must be allocated to districts based on the number of weighted pupil units in each school district in proportion to the statewide weighted pupil units using the one hundred thirty-five day count of the prior school year.  The funds must be expended on professional development for certificated instructional and instructional leadership personnel in grades kindergarten through twelve across all content areas, including teaching in and through the arts.  No more than twenty-five percent of the funds appropriated for professional development may be retained by the Department of Education for the administration and provision of professional development services.  The Department of Education must provide professional development on assessing student mastery of the content standards through classroom, formative and end-of-year assessments.  The Department of Education also must post on the agency’s website the South Carolina Professional Development Standards and provide training through telecommunication methods to school leadership on the professional development standards.
     1A.30.      (SDE-EIA: Assessments-Gifted & Talented, Advanced Placement, & International Baccalaureate Exams)  Of the funds appropriated and/or authorized for assessment, up to $2,455,000 $4,600,000 shall be used for assessments to determine eligibility of students for gifted and talented programs and for the cost of Advanced Placement and International Baccalaureate exams.
     1A.31.      (SDE-EIA: Adult Education)  A minimum of thirty percent of the funds appropriated for adult education must be allocated to school districts to serve adult education students between the ages of seventeen and twenty-one who are enrolled in programs leading to a state high school diploma, state high school equivalency diploma (GED), or career readiness certificate (WorkKeys).  The remaining funds will be allocated to districts based on a formula which includes target populations without a high school credential, program enrollment the previous school year, total hours of attendance the previous school year, and performance factors such as number of high school credentials and career readiness certificates awarded the previous school year.  Overall levels of state funding must meet the federal requirement of state maintenance of effort.  Each school district must collect information from both the student and the school including why the student has enrolled in Adult Education and whether or not the student is pursuing a GED or Diploma.  The school district must then provide a quarterly report to the Department of Education and must include the unique student identifier.  The department, in turn, will provide summary information to the House Ways and Means Committee, the House Education and Public Works Committee, the Senate Finance Committee and the Senate Education Committee on the information.
     1A.32.      (SDE-EIA: Clemson Agriculture Education Teachers)  The funds appropriated in Part IA, Section XII.F.2 for Clemson Agriculture Education Teachers must be transferred to Clemson University PSA to fund summer employment of agriculture teachers and to cover state-mandated salary increases on that portion of the agriculture teachers' salaries attributable to summer employment.
     1A.33.      (SDE-EIA: Incentive for National Board Certification After 6/30/10)  Public school classroom teachers to include teachers employed at the special schools or classroom teachers who work with classroom teachers to include teachers employed at the special schools who are certified by the State Board of Education and who complete the application process on or after July 1, 2010 shall be paid a $5,000 salary supplement in the year of achieving certification.  The special schools include the Governor’s School for Science and Math, Governor’s School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice and Palmetto Unified School District 1.  The $5,000 salary supplement shall be added to the annual pay of the teacher, not to exceed ten years of the national certificate.  However, the $5,000 supplement shall be adjusted on a pro rata basis for the teacher’s FTE and paid to the teacher in accordance with the district’s payroll procedure.  The Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) shall administer whereby teachers who are United States citizens or permanent resident aliens apply to the National Board for Professional Teaching Standards for certification on or after July 1, 2010.  Should the program not be suspended, up to nine hundred applications shall be processed annually.  Of the funds appropriated in Part IA, Section 1, XII.C.2. for National Board Certification, the Department of Education shall transfer to the Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) the funds necessary for the administration of teachers applying to the National Board for Professional Teaching Standards for certification.
     1A.34.      (SDE-EIA: Child Development Education Pilot Program)  There is created the South Carolina Child Development Education Pilot Program (CDEPP).  This program shall be available for the current school year on a voluntary basis and shall focus on the developmental and learning support that children must have in order to be ready for school and must incorporate parenting education.
     (A)      For the current school year, with funds appropriated by the General Assembly, the South Carolina Child Development Education Pilot Program shall first be made available to eligible children from the following eight trial and plaintiff school districts in the Abbeville County School District et. al. vs. South Carolina:  Allendale, Dillon 2, Florence 4, Hampton 2, Jasper, Lee, Marion 7, and Orangeburg 3.  With any remaining funds available, the pilot shall be expanded to the remaining plaintiff school districts in Abbeville County School District et. al. vs. South Carolina and then expanded to eligible children residing in school districts with a poverty index of ninety seventy-five percent or greater.  Priority shall be given to implementing the program first in those of the plaintiff districts which participated in the pilot program during the 2006-2007 school year, then in the plaintiff districts having proportionally the largest population of underserved at-risk four-year-old children.
     Unexpended funds from the prior fiscal year for this program shall be carried forward and shall remain in the program.  In rare instances, students with documented kindergarten readiness barriers may be permitted to enroll for a second year, or at age five, at the discretion of the Department of Education for students being served by a public provider or at the discretion of the Office of South Carolina First Steps to School Readiness for students being served by a private provider.
     (B)      Each child residing in the pilot districts, who will have attained the age of four years on or before September first, of the school year, and meets the at-risk criteria is eligible for enrollment in the South Carolina Child Development Education Pilot Program for one year.
     The parent of each eligible child may enroll the child in one of the following programs:
                 (1)      a school-year four-year-old kindergarten program delivered by an approved public provider; or
                 (2)      a school-year four-year-old kindergarten program delivered by an approved private provider.
     The parent enrolling a child must complete and submit an application to the approved provider of choice.  The application must be submitted on forms and must be accompanied by a copy of the child’s birth certificate, immunization documentation, and documentation of the student’s eligibility as evidenced by family income documentation showing an annual family income of one hundred eighty-five percent or less of the federal poverty guidelines as promulgated annually by the U.S. Department of Health and Human Services or a statement of Medicaid eligibility.
     In submitting an application for enrollment, the parent agrees to comply with provider attendance policies during the school year.  The attendance policy must state that the program consists of 6.5 hours of instructional time daily and operates for a period of not less than one hundred eighty days per year.  Pursuant to program guidelines, noncompliance with attendance policies may result in removal from the program.
     No parent is required to pay tuition or fees solely for the purpose of enrolling in or attending the program established under this provision.  Nothing in this provision prohibits charging fees for childcare that may be provided outside the times of the instructional day provided in these programs.
     If by October first of the school year at least seventy-five percent of the total number of eligible CDEPP children in a district or county are projected to be enrolled in CDEPP, Head Start or ABC Child Care Program as determined by the Department of Education and the Office of First Steps, CDEPP providers may then enroll pay-lunch children who score at or below the twenty-fifth national percentile on two of the three DIAL-3 subscales and may receive reimbursement for these children if funds are available.
     (C)      Public school providers choosing to participate in the South Carolina Four-Year-Old Child Development Kindergarten Program must submit an application to the Department of Education.  Private providers choosing to participate in the South Carolina Four-Year-Old Child Development Kindergarten Program must submit an application to the Office of First Steps.  The application must be submitted on the forms prescribed, contain assurances that the provider meets all program criteria set forth in this provision, and will comply with all reporting and assessment requirements.
     Providers shall:
                 (1)      comply with all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services;
                 (2)      comply with all state and local health and safety laws and codes;
                 (3)      comply with all state laws that apply regarding criminal background checks for employees and exclude from employment any individual not permitted by state law to work with children;
                 (4)      be accountable for meeting the education needs of the child and report at least quarterly to the parent/guardian on his progress;
                 (5)      comply with all program, reporting, and assessment criteria required of providers;
                 (6)      maintain individual student records for each child enrolled in the program to include, but not be limited to, assessment data, health data, records of teacher observations, and records of parent or guardian and teacher conferences;
                 (7)      designate whether extended day services will be offered to the parents/guardians of children participating in the program;
                 (8)      be approved, registered, or licensed by the Department of Social Services; and
                 (9)      comply with all state and federal laws and requirements specific to program providers.
     Providers may limit student enrollment based upon space available.  However if enrollment exceeds available space, providers shall enroll children with first priority given to children with the lowest scores on an approved pre-kindergarten readiness assessment.  Private providers shall not be required to expand their programs to accommodate all children desiring enrollment.  However, providers are encouraged to keep a waiting list for students they are unable to serve because of space limitations.
     (D)      The Department of Education and the Office of First Steps to School Readiness shall:
                 (1)            develop the provider application form;
                 (2)            develop the child enrollment application form;
                 (3)            develop a list of approved research-based preschool curricula for use in the program based upon the South Carolina Content Standards, provide training and technical assistance to support its effective use in approved classrooms serving children;
                 (4)            develop a list of approve pre-kindergarten readiness assessments to be used in conjunction with the program, provide assessments and technical assistance to support assessment administration in approved classrooms serving children;
                 (5)            establish criteria for awarding new classroom equipping grants;
                 (6)            establish criteria for the parenting education program providers must offer;
                 (7)            establish a list of early childhood related fields that may be used in meeting the lead teacher qualifications;
                 (8)            develop a list of data collection needs to be used in implementation and evaluation of the program;
                 (9)            identify teacher preparation program options and assist lead teachers in meeting teacher program requirements;
                 (10)      establish criteria for granting student retention waivers; and
                 (11)      establish criteria for granting classroom size requirements waivers.
     (E)      Providers of the South Carolina Child Development Education Pilot Program shall offer a complete educational program in accordance with age-appropriate instructional practice and a research based preschool curriculum aligned with school success.  The program must focus on the developmental and learning support children must have in order to be ready for school.  The provider must also incorporate parenting education that promotes the school readiness of preschool children by strengthening parent involvement in the learning process with an emphasis on interactive literacy.
     Providers shall offer high-quality, center-based programs that must include, but shall not be limited to, the following:
                 (1)      employ a lead teacher with a two-year degree in early childhood education or related field or be granted a waiver of this requirement from the Department of Education or the Office of First Steps to School Readiness;
                 (2)      employ an education assistant with pre-service or in-service training in early childhood education;
                 (3)      maintain classrooms with at least ten four-year-old children, but no more than twenty four-year-old children with an adult to child ratio of 1:10.  With classrooms having a minimum of ten children, the 1:10 ratio must be a lead teacher to child ratio.  Waivers of the minimum class size requirement may be granted by the South Carolina Department of Education for public providers or by the Office of First Steps to School Readiness for private providers on a case-by-case basis;
                 (4)      offer a full day, center-based program with 6.5 hours of instruction daily for one hundred eighty school days;
                 (5)      provide an approved research-based preschool curriculum that focuses on critical child development skills, especially early literacy, numeracy, and social/emotional development;
                 (6)      engage parents’ participation in their child’s educational experience that shall include a minimum of two documented conferences per year; and
                 (7)      adhere to professional development requirements outlined in this article.
     (F)      Every classroom providing services to four-year-old children established pursuant to this provision must have a lead teacher with at least a two-year degree in early childhood education or related field and who is enrolled and is demonstrating progress toward the completion of a teacher education program within four years.  Every classroom must also have at least one education assistant per classroom who shall have the minimum of a high school diploma or the equivalent, and at least two years of experience working with children under five years old.  The teaching assistant shall have completed the Early Childhood Development Credential (ECD) 101 or enroll and complete this course within twelve months of hire.  Providers may request waivers to the ECD 101 requirement for those assistants who have demonstrated sufficient experience in teaching children five years old and younger.  The providers must request this waiver in writing to their designated administrative agency (First Steps or the Department of Education) and provide appropriate documentation as to the qualifications of the teaching assistant.
     (G)      The General Assembly recognizes there is a strong relationship between the skills and preparation of pre-kindergarten instructors and the educational outcomes of students.  To improve these education outcomes, participating providers shall require all personnel providing instruction and classroom support to students participating in the South Carolina Child Development Education Pilot Program to participate annually in a minimum of fifteen hours of professional development to include teaching children from poverty.  Professional development should provide instruction in strategies and techniques to address the age-appropriate progress of pre-kindergarten students in developing emergent literacy skills, including but not limited to, oral communication, knowledge of print and letters, phonemic and phonological awareness, and vocabulary and comprehension development.
     (H)      Both public and private providers shall be eligible for transportation funds for the transportation of children to and from school.  Nothing within this provision prohibits providers from contracting with another entity to provide transportation services provided the entities adhere to the requirements of Section 56-5-195.  Providers shall not be responsible for transporting students attending programs outside the district lines.  Parents choosing program providers located outside of their resident district shall be responsible for transportation.  When transporting four-year-old child development students, providers shall make every effort to transport them with students of similar ages attending the same school.  Of the amount appropriated for the program, not more than $185 per student shall be retained by the Department of Education for the purposes of transporting four-year-old students.  This amount must be increased annually by the same projected rate of inflation as determined by the Division of Research and Statistics of the Budget and Control Board for the Education Finance Act.
     (I)      For all private providers approved to offer services pursuant to this provision, the Office of First Steps to School Readiness shall:
                 (1)      serve as the fiscal agent;
                 (2)      verify student enrollment eligibility;
                 (3)      recruit, review, and approve eligible providers.  In considering approval of providers, consideration must be given to the provider’s availability of permanent space for program service and whether temporary classroom space is necessary to provide services to any children;
                 (4)      coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;
                 (5)      serve as a clearing house for information and best practices related to four-year-old kindergarten programs;
                 (6)      receive, review, and approve new classroom grant applications and make recommendations for approval based on approved criteria;
                 (7)      coordinate activities and promote collaboration with other private and public providers in developing and supporting four-year-old kindergarten programs;
                 (8)      maintain a database of the children enrolled in the program; and
                 (9)      promulgate guidelines as necessary for the implementation of the pilot program.
     (J)      For all public school providers approved to offer services pursuant to this provision, the Department of Education shall:
                 (1)      serve as the fiscal agent;
                 (2)      verify student enrollment eligibility;
                 (3)      recruit, review, and approve eligible providers.  In considering approval of providers, consideration must be given to the provider’s availability of permanent space for program service and whether temporary classroom space is necessary to provide services to any children;
                 (4)      coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;
                 (5)      serve as a clearing house for information and best practices related to four-year-old kindergarten programs;
                 (6)      receive, review, and approve new classroom grant applications and make recommendations for approval based on approved criteria;
                 (7)      coordinate activities and promote collaboration with other private and public providers in developing and supporting four-year-old kindergarten programs;
                 (8)      maintain a database of the children enrolled in the program; and
                 (9)      promulgate guidelines as necessary for the implementation of the pilot program.
     (K)      The General Assembly shall provide funding for the South Carolina Child Development Education Pilot Program.  For the current school year, the funded cost per child shall be $4,218 increased annually by the rate of inflation as determined by the Division of Research and Statistics of the Budget and Control Board for the Education Finance Act.  Eligible students enrolling with private providers during the school year shall be funded on a pro rata basis determined by the length of their enrollment.  Private providers transporting eligible children to and from school shall be eligible for a reimbursement of $550 per eligible child transported.  Providers who are reimbursed are required to retain records as required by their fiscal agent.  Providers enrolling between one and six eligible children shall be eligible to receive up to $1,000 per child in materials and equipment grant funding, with providers enrolling seven or more such children eligible for grants not to exceed $10,000.  Providers receiving equipment grants are expected to participate in the program and provide high-quality, center-based programs as defined herein for a minimum of three years.  Failure to participate for three years will require the provider to return a portion of the equipment allocation at a level determined by the Department of Education and the Office of First Steps to School Readiness.  Funding to providers is contingent upon receipt of data as requested by the Department of Education and the Office of First Steps.
     (L)      Pursuant to this provision, the Department of Social Services shall:
                 (1)      maintain a list of all approved public and private providers; and
                 (2)      provide the Department of Education and the Office of First Steps information necessary to carry out the requirements of this provision.
     (M)      The Office of First Steps to School Readiness shall be responsible for the collection and maintenance of data on the state funded programs provided through private providers.
     (N)      Of the funds appropriated, $300,000 shall be allocated to the Education Oversight Committee to conduct an annual evaluation of the South Carolina Child Development Education Pilot Program and to issue findings in a report to the General Assembly by January 15 of each year.  The evaluation shall include, but is not limited to: (1) student data including the number of at-risk four-year-old kindergarten students served in publically funded programs, by county and by program; (2) program effectiveness including developmentally appropriate assessments of children to measure emerging literacy and numeracy; (3) individual classroom assessments to determine program quality; (4) longitudinal analysis of academic and non-academic measures of success for children who participated in the program; and (5) an evaluation of the professional development, monitoring and assistance offered to public and private providers.
     To aid in this evaluation, the Education Oversight Committee shall determine the data necessary and both public and private providers are required to submit the necessary data as a condition of continued participation in and funding of the program.  This data shall include developmentally appropriate measures of student progress.  Additionally, the Department of Education shall issue a unique student identifier for each child receiving services from a private provider.  The Department of Education shall be responsible for the collection and maintenance of data on the public state funded full day and half-day four-year-old kindergarten programs.  The Office of First Steps to School Readiness shall be responsible for the collection and maintenance of data on the state funded programs provided through private providers.  The Education Oversight Committee shall use this data and all other collected and maintained data necessary to conduct a research based review of the program's implementation and assessment of student success in the early elementary grades.
     1A.35.      (SDE-EIA: Aid to Districts)  Funds appropriated in Part IA, Section 1, XII.A.1 Aid to Districts shall be dispersed to school districts based on the number of weighted pupil units.
     1A.36.      (SDE-EIA: Carry Forward)  EIA carry forward from the prior fiscal year and Fiscal Year 2012-13 2013-14 and not otherwise appropriated or authorized must be carried forward and expended to provide $200,000 to each school that was designated by the department as a Palmetto Priority School in the prior year but did not receive an allocation of EIA technical assistance funds in the prior fiscal year to improve teacher recruitment and retention, to reduce the district’s dropout rate, to improve student achievement in reading/literacy, or to train teachers in how to teach children of poverty as stipulated in the school’s renewal plan.  If funds are not sufficient to provide $200,000 to each qualifying district school, the $200,000 shall be reduced on a pro-rata basis.  Any balance remaining must be expended for school bus fuel costs, National Board Supplements, and Instructional Materials.  Any unexpended funds must be carried forward and expended for the same purpose.
     1A.37.      (SDE-EIA: Centers of Excellence)        Of the funds appropriated for Centers of Excellence, $350,000 must be allocated to the Francis Marion University Center of Excellence to Prepare Teachers of Children of Poverty to expand statewide training for individuals who teach children of poverty through weekend college, non-traditional or alternative learning opportunities.  The center also is charged with developing a sequence of knowledge and skills and program of study for add-on certification for teachers specializing in teaching children of poverty.
     1A.38.      (SDE-EIA: IDEA Maintenance of Effort)  Prior to the dispersal of funds appropriated in Section XII.A.1 Aid to Districts according to Proviso 1A.35 for Fiscal Year 2012-13 2013-14, the department shall direct up to $30,494,337 of the funds appropriated in Section XII.A.1 Aid To Districts to school districts and special schools for supplemental support of programs and services for students with disabilities, to meet the estimated maintenance of effort for IDEA.  Funds provided for the maintenance of effort for IDEA may not be transferred to any other purpose and therefore are not subject to flexibility.  The department shall distribute these funds using the current fiscal year one hundred thirty-five day Average Daily Membership.  For continued compliance with the federal maintenance of efforts requirements of the IDEA, funding for children with disabilities must, to the extent practicable, be held harmless to budget cuts or reductions to the extent those funds are required to meet federal maintenance of effort requirements under the IDEA.  In the event cuts to funds that are needed to maintain fiscal effort are necessary, when administering such cuts, the department must not reduce funding to support children with disabilities who qualify for services under the IDEA in a manner that is disproportionate to the level of overall reduction to state programs in general.  By December 1, 2012 2013, the department must submit an estimate of the IDEA MOE requirement to the General Assembly and the Governor.  The department is directed to transfer $350,000 to the South Carolina Autism Society for the Autism Parent-School Partnership Program, as long as sufficient funds are available to meet the IDEA maintenance of effort.
     1A.39.      (SDE-EIA: Career Cluster Industry Partnerships)  From the funds appropriated to the Department of Education, $800,000 must be provided as direct grants to the private sector statewide trade association or educational foundation providing nationally certified programs in career and technology education representing the automotive, construction, engineering, healthcare, mechanical contracting/construction, and hospitality tourism career clusters.  Organizations applying for a grant must do so by July first and the Department of Education must award a minimum of one grant of at least $150,000 in at least four of these specified career clusters to be used exclusively for career and technology education.  The recipient industry organization must conduct end-of-course exams graded by a national industry organization and must include in their grant request how the money will be spent to further industry-specific career technology education; a description and history of their program nationally and within South Carolina; estimates of future employment growth in their industry; and the national scope of their program.  By August first of the following year, the organization must submit to the department a report detailing how the grant increased industry/employer awareness; the number of increased schools using the industry-based curriculum and partnered with the industry organization; the increased number of students in the program; and an overview and analysis of the organization's statewide student competition.  The grant must be used for career awareness programs for that industry cluster; statewide student competitions leading to national competitions; teacher development and training; postsecondary scholarships in industry-specific degree programs; student recruitment into that career cluster programs; programs to educate middle and high school Career or Guidance Counselors about the industry; service to disadvantaged youth; and administering business/employer awareness and partnerships which help lead to experience-based, career-oriented experiences including internships, apprenticeships, mentoring, co-op education and service learning.  The Office of Career and Technology Education of the department will develop goals with each career cluster on the number of new schools using the industry-based curriculum and partnered with that career cluster organization.  These funds may not be used to supplant or replace, in whole or in part, other existing resources/assets sourced outside the present grant being used to provide the same services or programs.  Organizations may carry-over grants for up to three years when a large project is identified in the grant application to be used at a future date; otherwise excess funds must be returned to the state.  Organizations awarded must submit quarterly financial reports on the last day of September, December, March, and June that have been audited by a third party accounting firm in addition to the final report due August 1st.
     1A.40.      (SDE-EIA: Partnerships/Other Agencies & Entities)  For the current fiscal year, agencies and other entities receiving funds appropriated in Part IA, Section 1, XII.F.2. will continue to report annually to the Education Oversight Committee (EOC).  Any entity receiving funds that must flow through a state agency will receive those funds through the EOC.  The EOC will make funding recommendations to the Governor and General Assembly as part of the agency’s annual budget request.
     1A.41.      (SDE-EIA: ETV Teacher Training/Support)  Of the funds appropriated in Part IA, Section 1, XII.F.2. South Carolina Educational Television must provide training and technical support on the educational resources available to teachers and school districts.
     1A.42.      (SDE-EIA: Career and Technology Education Consumables)  Funds appropriated for Career and Technology Education may be utilized to purchase textbooks, instructional materials and other consumables used in classroom instruction.
     1A.43.      (SDE-EIA: XI XII.C.2.-Teacher Salaries/SE Average)  The projected Southeastern average teacher salary shall be the average of the average teachers’ salaries of the southeastern states as projected by the Division of Budget and Analyses.  For the current school year the Southeastern average teacher salary is projected to be $49,319 $48,858.  The General Assembly remains desirous of raising the average teacher salary in South Carolina through incremental increases over the next few years so as to make such equivalent to the national average teacher salary.
     For Fiscal Year 2012-13, the Department of Education is directed to increase the 2008-2009 statewide salary schedule by two percent.  The statewide minimum teacher salary schedule used in Fiscal Year 2012-13 will continue to be used in Fiscal Year 2013-14.  A local school district board of trustees must provide all certified teachers paid on the teacher salary schedule a two percent salary increase.  Districts are to provide this increase using the district salary schedule utilized the prior fiscal year as its base.  School districts shall utilize the additional funds made available from the Teacher Salary Support - State Share appropriation to provide the required two percent increase.  Each school district shall receive funds under the Teacher Salary Support - State Share line item in the same manner as Teacher Salaries Supplement funds are distributed.
     Additionally, for the current fiscal year, a local school district board of trustees must increase the salary compensation for all eligible certified teachers employed by the district by no less than one year of experience credit using the district salary schedule utilized the prior fiscal year as the basis for providing the step.  Application of this provision must be applied uniformly for all eligible certified teachers.  If a school district believes it will be unable to provide the required additional step without incurring a deficit, it may apply to the State Board of Education for a waiver from this requirement.  Upon approval of the waiver requirement by the Board, the district shall be exempt from providing this step increase for Fiscal Year 2012-2013.  Certified teachers employed in districts that are granted a waiver shall not have their experience credit negatively impacted as a result of the district being granted a waiver.  A local school district shall continue to pay teachers for changes in their education level.  A school district shall not be granted a waiver from providing a step if the incurred deficit is a result of granting salary increases to employees beyond those paid on the teacher salary schedule.  The State Board of Education shall report to the Chairmen of the Senate Finance Committee and the House Ways and Means Committee by September 1, 2012, regarding those districts which requested a waiver and the subsequent action taken by the Board.
     Funds appropriated in Part IA, Section 1, XI XII.C.2. for Teacher Salaries must be used to increase salaries of those teachers eligible pursuant to Section 59-20-50 (b), to include classroom teachers, librarians, guidance counselors, psychologists, social workers, occupational and physical therapists, school nurses, orientation/mobility instructors, and audiologists in the school districts of the state.
     For purposes of this provision teachers shall be defined by the Department of Education using the Professional Certified Staff (PCS) System.
     1A.44.      (SDE-EIA: PowerSchool Dropout Recovery Data)  With the funds appropriated to the Department of Education for PowerSchool and data collection, the department will begin in the current fiscal year to collect data from schools and school districts on the number of students who had previously dropped out of school and who reenrolled in a public school or adult education to pursue a high school diploma.  The Education Oversight Committee working with the Department of Education will determine how to calculate a dropout recovery rate that will be reflected on the annual school and district report cards.  The Department of Education shall report to the Senate Education Committee and the House Education and Public Works Committee on the implementation of a dropout recovery rate.
     1A.45.      (SDE-EIA: Assisting, Developing and Evaluating Professional Teaching -ADEPT)  With funds appropriated in the current fiscal year, the Department of Education, school districts, the Department of Juvenile Justice and special schools of the state may continue implementation of the ADEPT program.  Governing boards of public institutions of higher education may provide by policy or regulation for a tuition waiver for the tuition for one three-hour course at that institution for those public school teachers who serve as supervisors for full-time students completing education degree requirements.  Unexpended funds appropriated for this purpose may be carried forward from the prior fiscal year into the current fiscal year and expended for the same purposes.
     1A.46. (SDE-EIA: Summer Exit Exam Cost)  Funds appropriated in Part IA, Section 1, XII.A.2 may be used to offset the costs of the summer administration of the Exit Examination.  These funds may be expended to cover the costs related to developing, printing, shipping, scoring, and reporting the results of the assessments.  Local school districts may absorb local costs related to administration.
     1A.47.      (SDE-EIA: Refurbishing Science Kits)  Funds appropriated for the purchase of textbooks and other instructional materials may be used for reimbursing school districts to offset the costs of refurbishing science kits on the state-adopted textbook inventory, purchasing new kits from the central textbook depository, or a combination of refurbishment and purchase.  The refurbishing cost of kits may not exceed the cost of the state-adopted refurbishing kits plus a reasonable amount for shipping and handling.  Costs for staff development, personnel costs, equipment, or other costs associated with refurbishing kits on state inventory are not allowable costs.
     1A.48.      (SDE-EIA: Assessment Preparation)  From the funds appropriated in Part IA for Assessment Preparation, the Department of Education shall institute a plan reviewing the strengths and weaknesses of students on national assessments such as, but not limited to, the SAT, ACT, WorkKeys, GED, Advanced Placement exams, and International Baccalaureate exams.  The department shall use reports that analyze student strengths and weaknesses to provide guidance to local school districts.
     1A.49.      (SDE-EIA: Next Generation Science Standards)  No funds shall be expended in the current fiscal year by the Department of Education, the Education Oversight Committee, or the State Board of Education to participate in, implement, adopt or promote the Next Generation Science Standards initiative.
     1A.50.      (SDE-EIA: XII.C.2-National Board Certification Incentive)  Public school classroom teachers to include teachers employed at the special schools or classroom teachers who work with classroom teachers to include teachers employed at the special schools who are certified by the State Board of Education and who have been certified by the National Board for Professional Teaching Standards or completed the application process prior to July 1, 2010 shall be paid a $7,500 salary supplement beginning July first in the year following the year of achieving certification, beginning with 2009 applicants.  The special schools include the Governor's School for Science and Math, Governor's School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice and Palmetto Unified School District 1.  The $7,500 salary supplement shall be added to the annual pay of the teacher for the length of the national certificate.  However, the $7,500 supplement shall be adjusted on a pro rata basis for the teacher's FTE and paid to the teacher in accordance with the district's payroll procedure.  The Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) shall administer the programs whereby teachers who are United States citizens or permanent resident aliens, and who applied to the National Board for Professional Teaching Standards for certification prior to July 1, 2010, may receive a loan equal to the amount of the application fee.  Teachers who applied to the National Board for Professional Teaching Standards for certification prior to July 1, 2010 shall have one-half of the loan principal amount and interest forgiven when the required portfolio is submitted to the national board.  Teachers who applied to the National Board for Professional Teaching Standards for certification prior to July 1, 2010 who attain certification within three years of receiving the loan will have the full loan principal amount and interest forgiven.  Teachers who previously submitted a portfolio to the National Board for Professional Teaching Standards for certification under previous appropriation acts, shall receive reimbursement of their certification fee as prescribed under the provisions of the previous appropriation act.  Funds collected from educators who are in default of the National Board loan shall be retained and carried forward by the department.  The department may retain up to ten percent of the funds collected to offset the administrative costs of loan collection.  All other funds shall be retained by the department and used for National Board loan purposes.  Of the funds appropriated in Part IA, Section 1, XII.C.2 for National Board Certification, the Department of Education shall transfer to the Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) the funds necessary for the administration of the loan program for teachers who applied to the National Board for Professional Teaching Standards for certification prior to July 1, 2010.  In addition, teachers who have applied prior to July 1, 2010 and are certified by the National Board for Professional Teaching Standards shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for national board certification.  National board certified teachers who have been certified by the National Board for Professional Teaching Standards or completed the application process prior to July 1, 2010 moving to this State who hold a valid standard certificate from their sending state are exempted from initial certification requirements and are eligible for a professional teaching certificate and continuing contract status.  Their recertification cycle will be consistent with national board certification.
     Provided, further, that in calculating the compensation for teacher specialists, the Department of Education shall include state and local compensation as defined in Section 59-18-1530 to include local supplements except local supplements for National Board certification.  Teacher specialists remain eligible for state supplement for National Board certification.
     1A.51.      (SDE-EIA: Flexibility)  Funds received by districts from the School Building Aid Program may be flexed in the current fiscal year.
     1A.52.      (SDE-EIA: XII.F.2. Educational Partnerships) The funds provided to the Center for Educational Partnerships at the College of Education at the University of South Carolina will be used to create a consortium of educational initiatives and services to schools and communities. These initiatives will include, but are not limited to, professional development in writing, geography and other content areas; training; research; advocacy; and practical consultancy.  The Center will establish collaborative educational enterprises with schools, school districts, parents, communities, and businesses while fulfilling the responsibilities of the School Improvement Council Assistance.  The Center will focus on connecting the educational needs and goals of communities to improve efficiency and effectiveness.
     1A.53.      (SDE-EIA: XII.F.2. STEM Centers SC) All EIA-funded entities that provide professional development and science programming to teachers and students should be included in the state’s science, technology, engineering and mathematics education strategic plan.
     1A.54.      (SDE-EIA: Technology Academy Pilot)  For Fiscal Year 2013-14 the Department of Education is directed to enter into an agreement with Microsoft to pilot the Microsoft Technology Academy utilizing available Modernize Vocational Equipment funds.  The department must offer high schools across the state the opportunity to participate in the pilot project.  From the schools that express an interest, the department must select at least eight high schools for the pilot project.  In making its selection, the department must strive to implement the pilot in varying school environments by considering the geographical area and the size of the student population, as determined by the high school’s average daily membership.  The department must report by February 1, 2014 to the House Ways and Means Committee, the House Education and Public Works Committee, the Senate Finance Committee, and the Senate Education Committee on the number of high schools that participated in the pilot and the number of students earning the Microsoft Office Specialists certification.
     1A.55.      (SDE-EIA: EOC Partnerships for Innovation)  Of the funds appropriated or carried forward from the prior fiscal year, the Education Oversight Committee is directed to participate in public-private partnerships to promote innovative ways to transform the assessment of public education in South Carolina that support increased student achievement in reading and college and career readiness.  The Education Oversight Committee may provide financial support to districts and to public-private partnerships for planning and support to implement, sustain and evaluate the innovation and to develop a matrix and measurements of student academic success based on evidence-based models.  These funds may also focus on creating public-private literacy partnerships utilizing a 2:1 matching funds provision when the initiative employs research-based methods, has demonstrated success in increasing reading proficiency of struggling readers, and works directly with high poverty schools and districts.  The committee will work to expand the engagement of stakeholders including state agencies and boards like the Educational Television Commission, businesses, and higher education institutions. The committee shall annually report to the General Assembly on the measurement results.
     1A.56.      (SDE-EIA: XII.F.2 CHE/CERRA)  The Center for Educator Recruitment, Retention and Advancement (CERRA) must complete periodic evaluations of the institutions currently hosting a Teaching Fellows (TF) program and ensure that the TF programs at the current host institutions continue to meet the requirements for a TF program as set forth by the CERRA Board of Directors.  Further, CERRA is directed to develop a plan and a reasonable timeframe for approving additional TF programs at other public, four-year institutions who wish to be considered to host a TF program, provided the proposed programs meet the requirements for a TF program, as set forth by the CERRA Board of Directors.
     1A.57.      (SDE-EIA: XII.A.1 - Aid to Districts Draw Down)  For Fiscal Year 2013-14, in order to draw down funds appropriated in Part IA, Section 1, XII.A.1, Aid to Districts, a school district must work with local law enforcement agencies, and when necessary, state law enforcement agencies in order to ensure that the district has an updated school safety plan in place.  The safety plan must include safety directives in the classroom, a safe student and staff exit strategy and necessary safety staff.  Notice of completion of the updated plan must be submitted to the Department of Education no later than September 1, 2013.  The department must report to the Chairman of the House Ways and Means Committee, the Chairman of the House Education and Public Works Committee, the Chairman of the Senate Finance Committee and the Chairman of the Senate Education Committee by September 30, 2013, on any districts that failed to submit an updated plan.
     1A.58.      (SDE-EIA: XII.F.2-CERRA/Teaching Fellows)  The additional funds provided to CERRA in the current fiscal year must only be used to support the Teaching Fellows and Teacher Cadet programs.
     1A.59.      (SDE-EIA: Academic Enrichment Activities)  For Fiscal Year 2013-14 school districts may use funds appropriated for High Achieving Students for academic enrichment activities.
     1A.60.      (SDE-EIA: South Carolina Success Program)  From the funds in specific appropriations Assessment/Testing, the Department of Education shall issue a request for proposal to provide a statewide South Carolina Success Program, a program to be available to all public school districts and open-enrollment charters in the State of South Carolina.  The department may use up to $3,500,000 of the local assessment funds for this program.  This program shall provide academic support to students and teachers to help ensure on grade level achievement in reading by making available for grades PreK-8 an online-delivered, interactive reading assessment and research-based intervention program for use both at school and at home.  This online program must automatically place students into an individualized on-line curriculum and instruction, provide teachers and administrators with immediate reporting, provide recommendations for interventions and teacher lessons, and provide small group instruction lessons.  The program must provide computer adaptive assessments at least eight times per year, and teachers, principals, and districts must have immediate on-line reporting to identify those students who are not reading on grade-level and those that are at risk of failing the state reading assessment pursuant to Section 59-18-310 of the 1976 Code, as amended.  The program must make available to parents reporting and resources regarding student participation via a home portal.  To ensure effective implementation of the program in conjunction with the beginning of the academic school year, the Department of Education shall issue a request for proposal to carry out the requirements of this provision no later than July 5, 2013.  Implementation of the program must begin no later than August 15, 2013.
     1A.61.      (SDE-EIA: Defined Program Personnel Requirements)  Administrative positions requiring State Board of Education teacher or administrator certification, may be filled either by an individual receiving a W-2 from the hiring school district, or in the case of a charter school authorized under title 59, Chapter 49, an individual employed by an entity under contract with the school district may fill such a position.  However, if such a position in a charter school is filled by an individual that does not receive a W-2 from the hiring school district, the total compensation for the individual shall not exceed the total compensation of the highest paid individual in a similar position at a school district of the same or lesser size of the charter school in the state of South Carolina.  If such total compensation does exceed that amount, the school’s EFA and/or EIA allocation shall be reduced by the amount which such compensation exceeds that amount specified in the previous sentence.  Compliance with this requirement will be made part of the single audit process of local public school districts as monitored by the State Department of Education.

SECTION 3 - H66-LOTTERY EXPENDITURE ACCOUNT

     3.1.      (LEA: Audit)  Each state agency receiving lottery funds shall develop and implement procedures to monitor the expenditures of lottery funds in order to ensure that lottery funds are expended in accordance with applicable state laws, rules, and regulations.  The Office of the State Auditor shall ensure that state agencies receiving lottery funds have procedures in place to monitor expenditures of lottery funds and that the monitoring procedures are operating effectively.
     3.2.      (LEA: Technology Lottery Funds)  For the purposes of the allocation of technology funds from the lottery proceeds, $125,000 shall be transferred from the portion designated for two-year institutions to the portion designated for four-year institutions for each University of South Carolina two-year institution that has moved to a four-year status since 2000.
     3.3.      (LEA: Election Day Sales)  For the current fiscal year, Section 59-150-210(E) is suspended.
     3.4.      (LEA: FY 2012-13 Lottery Funding)  There is appropriated from the Education Lottery Account for the following education purposes and programs and funds for these programs and purposes shall be transferred by the Budget and Control Board as directed below.  These appropriations must be used to supplement and not supplant existing funds for education.
     The Budget and Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the appropriations of the Education Lottery Account as provided in this section.
     All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year including any interest earnings, which shall be used to support the appropriations contained below.
     For Fiscal Year 2012-13 certified net lottery proceeds and investment earnings and any other proceeds identified by this provision are appropriated as follows:
     (1)      Commission on Higher Education and State Board for Technical and Comprehensive
                       Education--Tuition Assistance      $      49,100,000;
     (2)      Commission on Higher Education--LIFE Scholarships as provided in Chapter 149, Title 59      $      107,236,237;
     (3)      Commission on Higher Education--HOPE Scholarships as provided in Section 59-150-370      $      7,779,856;
     (4)      Commission on Higher Education--Palmetto Fellows Scholarships as provided in
                       Section 59-104-20      $      30,777,240;
     (5)      Commission on Higher Education--Need-Based Grants      $      11,631,566;
     (6)      Tuitions Grants Commission--Tuition Grants      $      7,766,604;
     (7)      Commission on Higher Education--National Guard Tuition Repayment Program as
                       provided in Section 59-111-75      $      1,700,000;
     (8)      South Carolina State University      $      2,500,000;
     (9)      Technology--Public Four-Year Universities, Two-Year Institutions, and State Technical Colleges      $      7,301,816;
     (10)      Department of Education--K-5 Reading, Math, Science & Social Studies Program as
                       provided in Section 59-1-525      $      26,291,798;
     (11)      Department of Education--Grades 6-8 Reading, Math, Science & Social Studies Program      $      2,000,000;
     (12)      School for the Deaf and the Blind--Technology Replacement      $      200,000;
     (13)      Commission on Higher Education--Higher Education Excellence Enhancement Program      $      50,000;
     (14)      Commission on Higher Education--Public Four-Year Universities & Two-Year
                       Institutions--Deferred Maintenance      $      13,285,315;      and
     (15)      State Board for Technical and Comprehensive Education--Technical Colleges
                       Deferred Maintenance      $      4,714,685.
     Fiscal Year 2012-13 funds appropriated to the Commission on Higher Education for Tuition Assistance must be distributed to the technical colleges and two-year institutions as provided in Section 59150-360.  Annually the State Board for Technical and Comprehensive Education and the Commission on Higher Education shall develop the Tuition Assistance distribution of funds appropriated.
     Of the funds appropriated to South Carolina State University, $250,000 may be used for the BRIDGE Program.
     The provisions of Section 2-75-30 of the 1976 Code regarding the aggregate amount of funding provided for the Centers of Excellence Matching Endowment are suspended for the current fiscal year.
     The Commission on Higher Education is authorized to temporarily transfer funds between appropriated line items in order to ensure the timely receipt of scholarships and tuition assistance.  It is the goal of the General Assembly to fund the Tuition Assistance program at such a level to support at least $996 per student per term for full time students.
     Fiscal Year 2012-13 net lottery proceeds and investment earnings in excess of the certified net lottery proceeds and investment earnings for this period are appropriated and must be used to ensure that all LIFE, HOPE, and Palmetto Fellows Scholarships for Fiscal Year 2012-13 are fully funded.
     If the lottery revenue received for Fiscal Year 2012-13 is less than the amounts appropriated, the projects and programs receiving appropriations for any such year shall have their appropriations reduced on a pro rata basis, except that a reduction must not be applied to the funding of LIFE, HOPE, and Palmetto Fellows Scholarships.
     The Commission on Higher Education is authorized to use up to $260,000 of the funds appropriated in this provision for LIFE, HOPE, and Palmetto Fellows scholarships to provide the necessary level of program support for the scholarship award process.
     The Higher Education Tuition Grants Commission is authorized to use up to $70,000 of the funds appropriated in this provision for Tuition Grants to provide the necessary level of program support for the grants award process.
     For Fiscal Year 2012-13, of the funds certified from unclaimed prizes, $5,950,000 shall be appropriated to the Department of Education for the purchase of new school buses; $250,000 shall be appropriated to the South Carolina School for the Deaf and blind for the purchase of new school buses; $3,200,000 shall be appropriated to the Department of Education for K-5 Reading, Math, Science & Social Studies Program as provided in Section 59-1-525; $50,000 shall be appropriated to the Department of Alcohol and Other Drug Abuse Services for gambling addiction services; and $2,950,000 shall be appropriated to the Commission on Higher Education for the Higher Education Excellence Enhancement Program.
     Of any unclaimed prize funds available in excess of the Board of Economic Advisors estimate, the first $1,500,000 shall be directed to the Commission on Higher Education for the Partnership Among South Carolina Academic Libraries (PASCAL) Program.  The next $5,470,093 shall be directed for Technology:  Public Four-Year Universities, Two-Year Institutions, and State Technical Colleges.  The next $2,000,000 shall be directed to the State Library for Aid to County Libraries.  The next $1,000,000 shall be directed to the Commission on Higher Education for the Higher Education Excellence Enhancement Program.  The next $4,000,000 shall be directed to the State Board for Technical and Comprehensive Education for the Allied Health Initiative.  The next $1,000,000 shall be directed to the Commission on Higher Education for the Critical Needs Nursing Program.  The next thirty-eight percent, up to $1,914,561, shall be directed to USC - Beaufort for Full Time Equivalent Student Funding.  The next twenty-three percent, up to $1,135,093, shall be directed to USC - Upstate for Full Time Equivalent Student Funding.  The next eighteen percent, up to $886,826, shall be directed to Coastal Carolina for Full Time Equivalent Student Funding.  The next eleven percent, up to $553,567, shall be directed to Lander University for Full Time Equivalent Student Funding.  The next ten percent, up to $509,953, shall be directed to USC - Aiken for Full Time Equivalent Student Funding.  All additional revenue in excess of the amount certified by the Board of Economic Advisors for unclaimed prizes shall be distributed to the Commission on Higher Education for LIFE, HOPE, and Palmetto Fellows Scholarships.
     For Fiscal Year 2012-13, net lottery proceeds and investment earnings realized above the amount certified by the Board of Economic Advisors for Fiscal Year 2011-12 are appropriated as follows on a pro-rata basis:
     (1)      Commission on Higher Education--Institutions of Public Four-Year Universities and
                       Two-Year Institutions of Higher Learning Deferred Maintenance.      $      1,480,000;
     (2)      State Board for Technical and Comprehensive Education--Technical Colleges
                       Deferred Maintenance      $      520,000;
     (3)      Commission on Higher Education--Need-Based Grants      $      4,000,000;
     (4)      Tuitions Grants Commission--Tuition Grants      $      1,500,000;
     (5)      Technology--Public Four-Year Universities, Two-Year Institutions, and State
                       Technical Colleges      $      2,500,000;
     (6)      Department of Education--New School Buses      $      6,267,000;      and
     (7)      State Library--Aid to County Libraries      $      733,000.
     All funds received in this provision by the Commission on Higher Education for deferred maintenance at public four-year universities and two-year institutions of higher learning shall be distributed on a pro rata basis to each state supported university and institution.  The distribution methodology to be used by the commission shall be based on each institution’s proportion of general fund appropriation in Part IA of Act 73 of 2011 as compared to the total general fund appropriation in that Act for all public four-year universities and two-year institutions of higher learning.
     3.5.      (LEA: FY 2013-14 Lottery Funding)  There is appropriated from the Education Lottery Account for the following education purposes and programs and funds for these programs and purposes shall be transferred by the Budget and Control Board as directed below.  These appropriations must be used to supplement and not supplant existing funds for education.
     The Budget and Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the appropriations of the Education Lottery Account as provided in this section.
     All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year including any interest earnings, which shall be used to support the appropriations contained below.
     For Fiscal Year 2013-14 certified net lottery proceeds and investment earnings and any other proceeds identified by this provision are appropriated as follows:
     (1)      Commission on Higher Education and State Board for Technical and Comprehensive
                       Education--Tuition Assistance      $      43,000,000;
     (2)      Commission on Higher Education--LIFE Scholarships as provided in Chapter 149, Title 59      $      107,236,237;
     (3)      Commission on Higher Education--HOPE Scholarships as provided in Section 59-150-370      $      7,779,856;
     (4)      Commission on Higher Education--Palmetto Fellows Scholarships as provided in
                       Section 59-104-20      $      30,777,240;
     (5)      Commission on Higher Education--Need-Based Grants      $      13,131,566;
     (6)      Tuitions Grants Commission--Tuition Grants      $      8,166,604;
     (7)      Commission on Higher Education--National Guard Tuition Repayment Program as
                       provided in Section 59-111-75      $      4,545,000;
     (8)      South Carolina State University      $      2,500,000;
     (9)      Technology--Public Four-Year Universities, Two-Year Institutions, and State Technical Colleges      $      7,301,816;
     (10)      Department of Education--K-5 Reading, Math, Science & Social Studies Program as
                       provided in Section 59-1-525      $      26,291,798;
     (11)      Department of Education--Grades 6-8 Reading, Math, Science & Social Studies Program      $      2,000,000;
     (12)      School for the Deaf and the Blind--Technology      $      200,000;
     (13)      Commission on Higher Education--Higher Education Excellence Enhancement Program      $      50,000;
     (14)      Commission on Higher Education--Public Four-Year Universities, Two-Year Branch
                       Campuses, and State Technical Colleges--Academic Facility Building, Repair and
                             Maintenance, and Training      $      12,259,883;      and
     (15)      Department of Education--Digital Instructional Material      $      3,000,000.
     Fiscal Year 2013-14 funds appropriated to the Commission on Higher Education for Tuition Assistance must be distributed to the technical colleges and two-year institutions as provided in Section 59150-360.  Annually the State Board for Technical and Comprehensive Education and the Commission on Higher Education shall develop the Tuition Assistance distribution of funds appropriated.
     Of the funds appropriated to South Carolina State University, $250,000 may be used for the BRIDGE Program.
     The funds appropriated above in subitem (14) to the Commission on Higher Education for Public Four-Year Universities, Two-Year Branch Campuses, and State Technical Colleges--Academic Facility Building, Repair and Maintenance, and Training shall be distributed as follows:
           (1)      Four-Year University and Two-Year Branch Campus Repair and Maintenance - 1:1 Match      $      1,919,883;
           (2)      Spartanburg Community College - Academic Student Center/Industrial Training      $      840,000;
           (3)      Midlands Technical College - Quick Jobs Program      $      500,000;
           (4)      Central Carolina Technical College - Advanced Manufacturing Technology Training Center      $      1,750,000;
           (5)      Francis Marion University - Health Sciences Building - 2:1 Match      $      3,250,000;
           (6)      Horry-Georgetown Technical College - Culinary Arts Academic Building 1:1 Match      $      2,000,000;      and
           (7)      Tri-County Technical College - Oconee Economic Development and Workforce
                             Center - 1:1 Match      $      2,000,000.
     The provisions of Section 2-75-30 of the 1976 Code regarding the aggregate amount of funding provided for the Centers of Excellence Matching Endowment are suspended for the current fiscal year.
     The Commission on Higher Education is authorized to temporarily transfer funds between appropriated line items in order to ensure the timely receipt of scholarships and tuition assistance.  It is the goal of the General Assembly to fund the Tuition Assistance program at such a level to support at least $996 per student per term for full time students.
     Fiscal Year 2013-14 net lottery proceeds and investment earnings in excess of the certified net lottery proceeds and investment earnings for this period are appropriated and must be used to ensure that all LIFE, HOPE, and Palmetto Fellows Scholarships for Fiscal Year 2013-14 are fully funded.
     If the lottery revenue received for Fiscal Year 2013-14 is less than the amounts appropriated, the projects and programs receiving appropriations for any such year shall have their appropriations reduced on a pro rata basis, except that a reduction must not be applied to the funding of LIFE, HOPE, and Palmetto Fellows Scholarships.
     The Commission on Higher Education is authorized to use up to $260,000 of the funds appropriated in this provision for LIFE, HOPE, and Palmetto Fellows scholarships to provide the necessary level of program support for the scholarship award process.
     The Higher Education Tuition Grants Commission is authorized to use up to $70,000 of the funds appropriated in this provision for Tuition Grants to provide the necessary level of program support for the grants award process.
     For Fiscal Year 2013-14, of the funds certified from unclaimed prizes, $100,000 shall be appropriated to the Department of Education for the purchase of new school buses; $6,100,000 shall be appropriated to the Commission on Higher Education and State Board for Technical and Comprehensive Education for Tuition Assistance Two Year Institutions; $50,000 shall be appropriated to the Department of Alcohol and Other Drug Abuse Services for gambling addiction services; $2,950,000 shall be appropriated to the Commission on Higher Education for the Higher Education Excellence Enhancement Program; and $3,200,000 shall be appropriated to the Department of Education for K-5 Reading, Math, Science & Social Studies Program as provided in Section 59-1-525.
     Of any unclaimed prize funds available in excess of the Board of Economic Advisors estimate, the first $1,500,000 shall be directed to the Commission on Higher Education for the Partnership Among South Carolina Academic Libraries (PASCAL) Program.  The next $5,470,093 shall be directed for Technology:  Public Four-Year Universities, Two-Year Institutions, and State Technical Colleges.  The next $2,000,000 shall be directed to the State Library for Aid to County Libraries.  The next $1,000,000 shall be directed to the Commission on Higher Education for the Higher Education Excellence Enhancement Program.  The next $4,000,000 shall be directed to the State Board for Technical and Comprehensive Education for the Allied Health Initiative.  The next $1,000,000 shall be directed to the Commission on Higher Education for the Critical Needs Nursing Program.  All additional revenue in excess of the amount certified by the Board of Economic Advisors for unclaimed prizes shall be distributed to the Commission on Higher Education for LIFE, HOPE, and Palmetto Fellows Scholarships.
     For Fiscal Year 2013-14, net lottery proceeds and investment earnings realized in the prior fiscal year above the amounts needed to fund the appropriations in this provision are appropriated as follows on a pro-rata basis:
     (1)      Department of Education--New School Buses      $      2,000,000;
     (2)      Department of Education--Textbooks      $      3,000,000;
     (3)      Commission on Higher Education--Public Four-Year Universities, Two-Year Branch
                       Campuses-- Repair and Maintenance 1:1 Match      $      12,075,000;
     (4)      State Board for Technical and Comprehensive Education--Manufacturing Skills Standards
                       Council Initiative      $      1,275,000;
     (5)      Commission on Higher Education--Technology--Public Four-Year Universities,
                       Two-Year Institutions, and State Technical Colleges      $      2,275,000;
     (6)      Department of Alcohol and Other Drug Abuse Services for Gambling Addiction Services      $      100,000;
     (7)      School for the Deaf and the Blind--Technology      $      200,000;
     (8)      University of South Carolina-Aiken--Science Center/Building-Roof and HVAC
                       Repair/Replacement      $      575,000;
     (9)      Commission on Higher Education--Non-Profit Two-Year Institutions, Established 1894,
                       with 60% or More Low-Income Students for Education Excellence Enhancement      $      250,000;      and
     (10)      University of South Carolina--STEM Path to Success Pilot Project      $      250,000.
     Based on the methodology described below, funds allocated in this provision to the Commission on Higher Education for repair and maintenance at public four-year universities and two-year branch campuses may only be distributed to an institution to the extent the funds are matched by the institution for repair and maintenance.  Matching funds exclude supplemental, capital reserve, lottery, or other non-recurring state funds appropriated to an institution either in the current fiscal year or from a prior fiscal year for repair and maintenance or deferred maintenance projects.  Prior to the distribution of these funds, institutions must certify to the commission, in a manner it prescribes, the extent to which they have met this requirement, including the sources of funds utilized to meet this requirement.  The commission shall notify the Joint Bond Review Committee of the certification received pursuant to this provision.  Upon certification, the funds shall be distributed to institutions on a pro rata basis based on the distribution methodology described below provided that the distribution does not exceed an institution’s pro rata share or the amount matched by the institution if less than that share.  The distribution methodology to be used by the commission shall be based on each institution’s proportion of general fund appropriation in Part IA of Act 288 of 2012 as compared to the total general fund appropriation in that Act for all public four-year universities and two-year branch campuses.  Funds not matched and distributed shall be carried forward by the commission and used for LIFE, HOPE, and Palmetto Fellows Scholarships.  Not later than 120 days after the close of the fiscal year, the commission shall report to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee regarding the utilization of this provision specifically, as well as the amount spent in the current fiscal year by each public institution of higher learning, by source of funds, on repair and maintenance projects generally, including restoration and renewal of existing facilities or infrastructure, and the amount of repair and maintenance, including restoration and renewal projects, deferred to a subsequent fiscal year by each institution, if any, and the reasons for the deferral.
     3.6.      (LEA: Scholarship Eligibility Requirement)  DELETED

SECTION 5 - H71-WIL LOU GRAY OPPORTUNITY SCHOOL

     5.1.      (WLG: Truants)  The Opportunity School will incorporate into its program services for students, ages fifteen and over, who are deemed truant; and will cooperate with the Department of Juvenile Justice, the Family Courts, and School districts to encourage the removal of truant students to the Opportunity School when such students can be served appropriately by the Opportunity School’s program.
     5.2.      (WLG: GED Test)  Students attending school at the Wil Lou Gray Opportunity School that are sixteen years of age and are unable to remain enrolled due to the necessity of immediate employment or enrollment in post secondary education may be eligible to take the General Education Development (GED) Test.  Prior to taking the GED the student must be pretested using the official General Education Development Practice Test and score a minimum of 2200.
     5.3.      (WLG: Deferred Salaries Carry Forward)  Wil Lou Gray is authorized to carry forward into the current fiscal year the amount of the deferred salaries and employer contributions earned in the prior fiscal year for non-twelve month employees.  These deferred funds are not to be included or part of any other authorized carry forward amount.
     5.4.      (WLG: Improved Forestry Practices)  The Trustees of the Wil Lou Gray Opportunity School may carry out improved forestry practices on the timber holdings of the school property and apply the revenues derived from them and any other revenue source on the property for the further improvement and development of the school forest and other school purposes.
     5.5.      (WLG: Educational Program Initiatives)  Wil Lou Gray Opportunity School is authorized to utilize funds received from the Department of Education for vocational equipment on educational program initiatives.
     5.6.      (WLG: Lease Revenue)  Wil Lou Gray Opportunity School is authorized to retain revenues derived from the lease of school properties titled to or utilized by the school and may use revenues retained for general school operations, including, but not limited to, maintenance of such properties.  Unexpended funds may be carried forward into the current fiscal year and used for the same purposes.
     5.7.      (WLG: USDA Federal Grants)  All revenues generated from U.S.D.A. federal grants may be retained and expended by the school in accordance with Federal regulations for the purpose of covering actual expenses in the cafeteria/food service operations of the school.
     5.8.      (WLG: By-Products Revenue Carry Forward)  The Wil Lou Gray Opportunity School is authorized to sell goods that are byproducts of the school’s programs and operations, charge user fees and fees for services to the general public, individuals, organizations, agencies and school districts, and such revenue may be retained and carried forward into the current fiscal year and expended for the purpose of covering expenses of the school’s programs and operations.
     5.9.      (WLG: Capacity)  For Fiscal Year 2012-13 2013-14, funds appropriated to Wil Lou Gray Opportunity School must be used to bring the school up to full capacity, to the extent possible, and the school must report electronically to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee by December first, on how the funds have been utilized and how many additional students have been served.

SECTION 6 - H75-SCHOOL FOR THE DEAF AND THE BLIND

     6.1.      (SDB: Student Activity Fee)  The School for the Deaf and the Blind is authorized to charge to the parents of students at the school a student activity fee, differentiated according to the income of the family.  The required student activity fee shall not exceed $40.00.  Such revenue may be retained and carried forward into the current fiscal year and expended for the purpose of covering expenses for student activities.
     6.2.      (SDB: Weighted Student Cost)  The School for the Deaf and the Blind shall receive through the Education Finance Act the average State share of the required weighted cost for each student enrolled in the School.
     6.3.      (SDB: Admissions)  Deaf, blind, multi-disabled and other disabled students identified by the Board of Commissioners as target groups for admission to the South Carolina School for the Deaf and the Blind may be admitted by the School either through direct application by parents or on referral from the local school district.  The Board of Commissioners shall define the appropriate admissions criteria including mental capacity, degree of disability, functioning level, age, and other factors deemed necessary by the board.  All placement hearings for admission to the South Carolina School for the Deaf and the Blind shall be organized by the School.  The South Carolina School for the Deaf and the Blind shall obtain information from the local school district concerning the needs of the student and shall prepare an Individualized Education Plan for each student admitted.  All parents applying for admission of their children must sign a statement certifying that they feel the South Carolina School for the Deaf and the Blind is the most appropriate placement which constitutes the least restrictive environment for the individual student, based upon needs identified in the placement meeting and the Individualized Education Plan.  The decision concerning placement and least restrictive environment shall be reviewed annually at the IEP Conference.
     6.4.      (SDB: Adult Vocational Program Fees)  The School for the Deaf and the Blind is authorized to charge appropriate tuition, room and board, and other fees to students accepted into the Adult Vocational Program.  Such fees will be determined by the School Board of Commissioners, and such revenue shall be retained and carried forward into the current fiscal year and expended by the School for the purpose of covering expenses in the Adult Vocational Program.
     6.5.      (SDB: Mobility Instructor Service Fee)  The School for the Deaf and the Blind is authorized to charge a fee for the services of a mobility instructor to provide service on a contractual basis to various school districts in the state, and such revenue shall be retained and carried forward into the current fiscal year and expended by the School for the purpose of covering expenses in the Blind School.
     6.6.      (SDB: Cafeteria Revenues)  All revenues generated from cafeteria operations may be retained and expended by the institution for the purpose of covering actual expenses in cafeteria operations.
     6.7.      (SDB: School Buses)  The school buses of the South Carolina School for the Deaf and the Blind are authorized to travel at the posted speed limit.
     6.8.      (SDB: USDA Federal Grants)  All revenues generated from USDA federal grants may be retained and expended by the SCSDB in accordance with Federal regulations for the purpose of covering actual expenses in the cafeteria/food service operations of the school.
     6.9.      (SDB: By-Products Revenue Carry Forward)  The School for the Deaf and the Blind is authorized to sell goods that are by-products of the school’s programs and operations, charge user fees and fees for services to the general public: individuals, organizations, agencies and school districts, and such revenue may be retained and carried forward into the current fiscal year and expended for the purpose of covering expenses of the school’s programs and operations.
     6.10.      (SDB: Deferred Salaries Carry Forward)  South Carolina School for the Deaf and the Blind is authorized to carry forward in the current fiscal year the amount of the deferred salaries and employer contributions earned in the prior fiscal year for non-twelve month employees. These deferred funds are not to be included or part of any other authorized carry forward amount.
     6.11.      (SDB: Sale of Property)  After receiving approval from the Budget and Control Board for the sale of property, the school may retain revenues associated with the sale of property titled to or utilized by the school. These funds shall be expended on capital improvements approved by the Joint Bond Review Committee and the Budget and Control Board.  For the current fiscal year, the school is authorized to use the retained revenue from the sale of donated property for educational and other operating purposes.
     6.12.      (SDB: USC-Upstate Visual Impairment Master of Education Program)  Of the funds appropriated to the South Carolina School for the Deaf and the Blind, $50,000 shall be used to fund the Master of Education Program In Visual Impairment at the University of South Carolina - Upstate.
     6.13.      (SDB: Capacity)  For Fiscal Year 2012-13 2013-14, funds appropriated to the School for the Deaf and the Blind must be used to bring the school up to full capacity, to the extent possible, and the school must report electronically to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee by December first, on how the funds have been utilized and how many additional students have been served.
     6.14.      (SDB: Educational Program Initiatives)  The School for the Deaf and Blind is authorized to utilize funds received from the Department of Education for vocational equipment on educational program initiatives.
     6.15.      (SDB: School Leave Policy)  The School for the Deaf and Blind is authorized to promulgate administrative policy governing annual and sick leave relative to faculty and staff with the approval of the School’s board of directors.  This policy shall address the school calendar in order to comply with the instructional needs of students attending the school.
     6.16.      (SDB: Buildings)  For the current fiscal year; the South Carolina School for the Deaf and Blind will be subject to the same requirements as a local education agency for the purposes of building renovation and construction.

SECTION 7 - L12-JOHN DE LA HOWE SCHOOL

     7.1.      (JDLHS: Status Offender Carry Forward)  Unexpended status offender funds distributed to John de la Howe School from the Department of Education may be carried forward and used for the same purpose.
     7.2.      (JDLHS: Campus Private Residence Leases)  John de la Howe School is authorized to lease, to its employees, private residences on the agency’s campus.  Funds generated may be retained and used for general operating purposes including, but not limited to, maintenance of the residences.
     7.3.      (JDLHS: Deferred Salaries Carried Forward)  John de la Howe School is authorized to carry forward into the current fiscal year the amount of deferred salaries and employer contributions earned in the prior fiscal year for non-twelve month employees.  These deferred funds are not to be included or part of any other authorized carry forward amount.
     7.4.      (JDLHS: Capacity)  For Fiscal Year 2012-13 2013-14, funds appropriated to John de la Howe School must be used to complete deferred maintenance on the residential cottages and to bring the school up to full capacity, to the extent possible.  The school must not utilize the funds to hire new employees until the school has completed deferred maintenance on a cottage and requires the new employee due to a projected increase in students.  Any increases in staff must be reported to the Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee thirty days prior to the hire.  Further, the school must report electronically to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee by December first, on how the funds have been utilized and how many additional students have been served.

SECTION 8 - H67-EDUCATIONAL TELEVISION COMMISSION

     8.1.      (ETV: Grants/Contributions Carry Forward)  The Educational Television Commission shall be permitted to carry forward any funds derived from grant awards or designated contributions and any state funds necessary to match such funds, provided that these funds be expended for the programs which they were originally designated.

SECTION 11 - H03-COMMISSION ON HIGHER EDUCATION

     11.1.      (CHE: Contract for Services Program Fees)  The amounts appropriated in this section for "Southern Regional Education Board Contract Programs" and "Southern Regional Education Board Dues" are to be used by the commission to pay to the Southern Regional Education Board the required contract fees for South Carolina students enrolled under the Contract for Services program of the Southern Regional Education Board, in specific degree programs in specified institutions and the Southern Regional Education Board membership dues. The funds appropriated may not be reduced to cover any budget reductions or be transferred for other purposes.
     11.2.      (CHE: Out-of-State School of the Arts)  The funds appropriated herein for Out-of-State School of the Arts must be expended for an SREB Contract Program, administered by the Commission, which will offset the difference between the out-of-state cost and in-state cost for artistically talented high school students at the North Carolina School of the Arts.
     11.3.      (CHE: Access & Equity Programs)  Of the funds appropriated herein for Access and Equity Programs, the Commission on Higher Education shall distribute at least $98,313 to South Carolina State University, $24,559 to Denmark Technical College, and $588,741 to the Access and Equity Program.  With these funds the colleges and universities shall supplement their access and equity programs so as to provide, at a minimum, the same level of minority recruitment activities as provided during the prior fiscal year.  Any additional funds appropriated herein for the Access and Equity Program shall be used for Commission on Higher Education implementation of statewide program priorities.
     11.4.      (CHE: African-American Loan Program)  Of the funds appropriated to the Commission on Higher Education for the African-American Loan Program, $149,485 73.7% shall be distributed to South Carolina State University and $53,389 26.3% shall be distributed to Benedict College, and must be used for a loan program with the major focus of attracting African-American males to the teaching profession.  The Commission of Higher Education shall act as the monitoring and reporting agency for the African-American Loan Program.  Of the funds allocated according to this proviso, no more than ten percent shall be used for administrative purposes.
     11.5.      (CHE: GEAR-UP)  Funds appropriated for GEAR-UP shall be used for state grants programs to reach disadvantaged middle school students to improve their preparation for college.  Eligible South Carolina public schools and public institutions of higher education shall cooperate with the Commission on Higher Education in the provision of services under the Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR-UP) grant.
     11.6.      (CHE: EPSCoR Committee Representation)  With the intent that the four-year teaching institutions receive a portion of EPSCoR funding, the State EPSCoR Committee shall have an executive committee consisting of one representative from each of the research institutions and one representative from the four-year teaching university sector.
     11.7.      (CHE: SREB Funds Exempt From Budget Cut)  In the calculation of any across the board cut mandated by the Budget and Control Board or General Assembly, the amount which the Commission on Higher Education is appropriated for Southern Regional Education Board (SREB) Professional Scholarship Programs and Fees, Dues and Assessments shall be excluded from the Commission on Higher Education’s base budget.  Funds appropriated for SREB programs may be carried forward into the current fiscal year and expended for the same purpose by the Commission on Higher Education.
     11.8.      (CHE: Performance Improvement Pool Allocation)  Of the funds appropriated to the Commission on Higher Education under Section XI. Special Items: Performance Funding, $1,642,536 80% will be allocated to the EPSCoR program under the Commission on Higher Education to improve South Carolina’s research capabilities and $410,635 20% will be allocated to support the management education programs of the School of Business at South Carolina State University.
     11.9.      (CHE: Troop-to-Teachers)  Members of the Armed Forces either active-duty, retired, or separated who are admitted to and enrolled in the South Carolina Troop-to-Teachers Alternative Route to Certification program are entitled to pay in-state rates at participating state institutions for requisite program work.
     11.10.      (CHE: Need-Based Grants for Foster Youth)  For the current academic year, youth in the custody of the Department of Social Services and attending a higher education institution in South Carolina are eligible for additional need-based grants funding of up to $2,000 above the $2,500 maximum.  Foster youth must apply for these funds no later than May first, of the preceding year.  All other grants, both state and federal, for which these foster youth are eligible must be applied first to the cost of attendance prior to using the additional need-based grant funding.  If the cost of attendance for a foster youth is met with other grants and scholarships, then no additional need-based grant may be used.  The Department of Social Services, in cooperation with the Commission on Higher Education, will track the numbers of recipients of this additional need-based grant to determine its effectiveness in encouraging more foster youth to pursue a secondary education.  No more than $100,000 may be expended from currently appropriated need-based grants funding for this additional assistance.
     11.11.      (CHE: Grants and Scholarships)  No state or other appropriated funds authorized in this act or authorized in any state law may be used to provide illegal aliens tuition assistance, scholarships, or any form of reimbursement of student expenses for enrolling in or attending an institution of higher learning in this State.  The Commission on Higher Education, the Higher Education Tuition Grants Commission, the South Carolina Student Loan Corporation, and the individual public institutions of higher learning are responsible for ensuring compliance with this provision.
     11.12.      (CHE: Tuition Age)  For the current fiscal year, the age limitation for those children of certain war veterans who may be admitted to any state-supported college, university, or post high school technical education institution free of tuition is suspended for eligible children that successfully appeal the Division of Veterans Affairs on the grounds of a serious extenuating health condition.
     11.13.      (CHE: LIFE and Palmetto Fellows Enhancement Stipends)  In the current fiscal year before fall awards are made, to continue eligibility for LIFE and Palmetto Fellows Enhancement Stipends, students shall certify and the institutions shall verify that the student is meeting all requirements as stipulated by the policies established by the institution and the academic department to be enrolled as a declared major in an eligible program and is making academic progress toward completion of the student’s declared eligible major.  These determinations are subject to the verification and audit of the Commission on Higher Education.  Institutions shall return funds determined to have been awarded to ineligible students.
     11.14.      (CHE: SmartState)  The Commission on Higher Education is prohibited from expending any source of funds on the marketing of the SmartState Program.
     11.15.      (CHE: Higher Education Excellence Enhancement Program Additions) Converse College and Columbia College shall be eligible to receive funds under the Higher Education Excellence Enhancement Program until June 30, 2014.
     11.16.      (CHE: Parity Funding)  The Commission on Higher Education is directed to study the issue of parity funding for all state institutions of higher learning.  Findings and recommendations shall be submitted to the members of the General Assembly by January 3, 2014.
     11.17.      (CHE: SCNG CAP Carry Forward)  Funds appropriated for the South Carolina National Guard College Assistance Program may be carried forward from the prior fiscal year into the current fiscal year and expended for the same purpose.  If a mid-year budget reduction is imposed by the General Assembly or the State Budget and Control Board, the appropriations for the program are exempt.
     11.18.      (CHE: SmartState Draw Down)  The Commission on Higher Education, upon receipt of the dollar-for-dollar non-state match for a SmartState "South Carolina Center of Economic Excellence" required pursuant to Section 2-75-50 of the 1976 Code, and after State Budget Division approval, shall be authorized to draw down previously appropriated lottery funds that had been held in trust until matching funds were on hand.  The commission shall submit required documentation to the State Budget Division for approval of such draw downs, including proof that the required match is on hand, and the State Budget Division shall notify the Other Funds Oversight Committee of an authorization approved for this purpose.  The requirements of proviso 91.21 contained in this act shall not apply to circumstances described by this proviso.
     11.19.      (CHE: College Transition Connection Need-Based Grants)  Funds appropriated for the College Transition Connection shall be transferred to the Commission on Higher Education Need-Based Grant program.  These funds shall be used to provide need-based grants to South Carolina resident students enrolled at a public institution of higher education in an established college transition program that serves students with intellectual disabilities.  The Commission on Higher Education, in consultation with College Transition Connection, shall develop guidelines for awarding these need-based grants and shall allocate the available funds to eligible institutions on the basis of student need and enrollment in the established college transition programs.  All other grants and gift aid for which these students are eligible must be applied first to the cost of attendance prior to using the need-based grant funding.  If the cost of attendance for an eligible student is met with all other grants and gift aid, the need-based grant shall not be used.  The participating institutions, in cooperation with the Commission on Higher Education and College Transition Connection, shall track the number of grant recipients and other information determined necessary to evaluate the effectiveness of these grants in assisting students with intellectual disabilities in college transition programs.  No more than the amount transferred in Fiscal Year 2013-14 for College Transition Connection may be expended from currently appropriated Commission on Higher Education Need-Based Grant funding for grants for students in college transition programs.
     11.20.      (CHE: Scholarships Awarded During Summer Session Task Force)  The Commission on Higher Education shall convene a special task force comprised of institutional representatives from the various sectors of higher education to explore the merits and feasibility of awarding Palmetto Fellows and LIFE scholarships and other state-supported financial aid during summer sessions for the purpose of increasing student flexibility and to facilitate an expedited time to graduation as compared to the traditional academic calendar.  The task force assembled by the commission shall include campus officials representing financial aid, business affairs, and academic affairs as well as commission staff.  A report of the task force shall be provided to the Chairman of the Senate Finance Committee, the Chairman of the Senate Education Committee, the Chairman of the House Ways and Means Committee, the Chairman of the House Education and Public Works Committee, and the Governor no later than December 1, 2013.  The report submitted shall include as part of any findings and recommendations advanced, an outline of necessary changes, if any, to current statutory provisions governing scholarships and/or state–supported financial aid as well as an analysis of state budget implications, if any, including, as appropriate, an accounting for anticipated state budget costs on a cash flow basis over multiple fiscal years to determine the net cost (or savings as the case may be) to the state for providing awards during the summer terms.

SECTION 14 - H12-CLEMSON UNIVERSITY - EDUCATIONAL & GENERAL

     14.1.      (CU: Travel Advances and Subsistence Expenses)  Clemson University may advance travel and subsistence expense monies to its employees for the financing of ordinary and necessary travel required in the conducting of the business of the institution.  Clemson University may develop and publish rules and regulations pertaining to the advancing of travel expenses.  All advances for travel and subsistence monies shall be repaid within thirty days after the end of the trip.

SECTION 19 - H24-SOUTH CAROLINA STATE UNIVERSITY

     19.1.      (SCSU: BRIDGE Program)  The funds appropriated to South Carolina State University for the BRIDGE Program shall be utilized to recruit minority high school students along the I-95 corridor into the teaching profession by offering them, while still in high school, access to counseling, mentoring, on campus summer enrichment programs, and opportunities for dual enrollment credits at South Carolina State University for the purpose of preparing these students to major in education and to become future teachers along the I-95 corridor.

SECTION 20 - H45-UNIVERSITY OF SOUTH CAROLINA

     20.1.      (USC: Palmetto Poison Center)  Of the funds appropriated or authorized herein, the University of South Carolina shall expend at least $150,000 on the Palmetto Poison Center.
     20.2.      (USC: School Improvement Council)  Of the funds appropriated to the University of South Carolina Columbia Campus, $100,000 shall be used for the School Improvement Council.
     20.3.      (USC: Child Abuse Medical Response Program)  Of the funds appropriated to the University of South Carolina School of Medicine, not less than $576,160 shall be expended for the Child Abuse and Neglect Medical Response Program.  In addition, when instructed by the Budget and Control Board or the General Assembly to reduce funds by a certain percentage, the university may not reduce the funds for the Child Abuse and Neglect Medical Response Program greater than such stipulated percentage.
     20.4.      (USC: Parity Funding)  DELETED

SECTION 23 - H51-MEDICAL UNIVERSITY OF SOUTH CAROLINA

     23.1.      (MUSC: Rural Dentist Program)  The Rural Dentist Program, in coordination with the Department of Health and Environmental Control’s Public Health Dentistry Program, is established at the Medical University of South Carolina.  The funds appropriated to the Medical University of South Carolina for the Rural Dentist Program shall be administered by the South Carolina Area Health Education Consortium physician recruitment office.  The costs associated with administering this program are to be paid from the funds appropriated to the Rural Dentist Program and shall not exceed four percent of the appropriation.  The Medical University of South Carolina is responsible for the fiscal management of funds to ensure that state policies and guidelines are adhered to.  MUSC shall be permitted to carry forward unspent general funds appropriated to the Rural Dentist program provided that these funds be expended for the program for which they were originally designated.  A board is created to manage and allocate these funds to insure the location of licensed dentists in rural areas of South Carolina and on the faculty of the College of Dental Medicine at MUSC.  The board will be composed of the following:  the Dean, or his designee, of the MUSC College of Dental Medicine; three members from the South Carolina Dental Education Foundation Board who represent rural areas; and the President of the South Carolina Dental Association.  The Director of DHEC’s Office of Primary Care; the Director or his designee of the Department of Health and Human Services; and the Executive Director of the South Carolina Dental Association shall serve as ex officio members without vote.  This board shall serve without compensation.
     23.2.      (MUSC: Telemedicine)  From the $8,000,000 appropriated to the Medical University of South Carolina for the MUSC Hospital Authority, the Authority is directed to continue the development of its Telemedicine network.  The MUSC Hospital Authority shall determine which hospitals are best suited for a Telemedicine partnership.
     23.3.      (MUSC: Rural Access Plan)  The MUSC Hospital Authority, in conjunction with the Department of Health and Human Services, shall study how to partner with existing rural hospitals to ensure that these regions maintain access to medical care.  Facilities studied shall not be limited to, but shall at a minimum include those facilities in Hampton, Allendale, Orangeburg and Barnwell counties.

SECTION 25 - H59-STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION

     25.1.      (TEC: Training of New & Expanding Industry)  (A)      Notwithstanding the amounts appropriated in this section for the "Center for Accelerated Technology Training," it is the intent of the General Assembly that the State Board for Technical and Comprehensive Education expend the funds necessary to provide direct training for new and expanding business or industry.
     (B)      In the event projected expenditures are above the appropriation, the appropriation in this section for the "Center for Accelerated Technology Training" may be appropriately adjusted, if and only if, the Budget and Control Board determines that the projected expenditures are directly related to:
                       (1)      an existing technology training program where the demand for the program exceeds the program's capacity and the additional funds are to be utilized to meet the demand; or
                       (2)      a new program is necessary to provide direct training for new or expanding business or industry.
     (C)      The adjustment may occur only upon approval by the Budget and Control Board.  Upon the Budget Control Board’s approval of the adjustment, the Executive Director of the Budget and Control Board must certify, in writing, that the adjustment is directly related to either subsection (B)(1) or (B)(2).  The Executive Director must immediately provide a copy of the written certification, including the amount of the adjustment, to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee.
     (D)      Upon the Executive Director’s written certification approving an adjustment, the State Board for Technical and Comprehensive Education must submit a statement to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee containing a detailed itemization of the manner in which funds initially appropriated for technology training were utilized, the specific purpose for the adjustment, and the ultimate recipient of the adjusted amount.
     (E)      The aggregate amount of all adjustments made pursuant to this section may not exceed ten million dollars.
     (F)      In the event that projected expenditures for the Center for Accelerated Technology Training exceed the amounts appropriated and the amount of any adjustments authorized, the State Board for Technical and Comprehensive Education may request a supplemental appropriation from the General Assembly.
     25.2.      (TEC: Training of New & Expanding Industry Carry Forward)  In addition to the funds appropriated in this section, any of the funds appropriated under this section for the prior fiscal year which are not expended during that fiscal year may be carried forward and expended for direct training of new and expanding industry in the current fiscal year.
     25.3.      (TEC: Training of New & Expanding Industry - Payments of Prior Year Expenditures)  The State Board for Technical and Comprehensive Education may reimburse business and industry for prior year training costs billed to the agency after fiscal year closing with the concurrence of the Comptroller General.
     25.4.      (TEC: Manufacturing Training Facility)  Of the funds appropriated to the State Board for Technical and Comprehensive Education, $3,500,000 must be utilized to complete the up-fit of a manufacturing training facility at Central Carolina Technical College.  The facility shall be used in conjunction with worker training programs offered by the ReadySC program.
     25.5.      (TEC: MSSC)  The funds appropriated to the State Board for Technical and Comprehensive Education for the Manufacturing Skills Standards Council Initiative may not be used for consulting associated with the Initiative.
     25.6.      (TEC: System wide Infrastructure and Workforce Development)  DELETED

SECTION 26 - H79-DEPARTMENT OF ARCHIVES  AND HISTORY

     26.1.      (AH: Use of Proceeds)  The proceeds of facilities rentals, gift shop operations, training sessions, sales of publications, reproductions of documents, repair of documents, research fees, handling charges, and the proceeds of sales of National Register of Historic Places certificates and plaques by the Archives Department shall be deposited in a special account in the State Treasury, and may be used by this department to cover the cost of facility operations and maintenance, gift shop inventory, additional training sessions, publication, reproduction expenses, repair expenses, and National Register of Historic Places certificates and plaques, and selected Historic Preservation Grants.
     26.2.            (AH: Disposal of Materials)  For the current fiscal year, the Department of Archives and History, upon prior approval of the commission, may sell from its collections certain record and non-record materials, which are not eligible for public auction, in a manner most advantageous to the department.

SECTION 27 - H87-STATE LIBRARY

     27.1.      (LIB: Aid to Counties Libraries Allotment)  The amount appropriated in this section for "Aid to County Libraries" shall be allotted to each county on a per capita basis according to the official United States Census For 2010, as aid to the County Library.  No county shall be allocated less than $60,000 $75,000 under this provision.  To receive this aid, local library support shall not be less than the amount actually expended for library operations from local sources in the second preceding year.
     27.2.      (LIB: Information Service Fees)  The State Library may charge a fee for costs associated with information delivery and retain such funds to offset the costs of maintaining, promoting and improving information delivery services.
     27.3.      (LIB: Continuing Education Fees)  The State Library may charge a fee for costs associated with continuing education and retain such funds to offset the costs of providing continuing education opportunities.
     27.4.      (LIB: Books and Materials Disposal)  The State Library may sell or otherwise dispose of books and other library materials that are deemed by the State Library as no longer of value to the State of South Carolina and the State Library’s collection.  Funds received from the sale of books and materials shall be retained and expended to purchase new materials for the collection.  Unexpended funds may be carried forward from the prior fiscal year into the current fiscal year and be used for the same purpose.
     27.5.      (LIB: SCLENDS)  The State Library may accept money for the South Carolina Library Evergreen Network Delivery System (SCLENDs), a consortium providing patrons access to more library materials.  The consortium shall allow South Carolina libraries the ability to share resources and provide a forum for sharing expertise in technical areas such as systems administration and cataloging.  Funds received by the State Library for SCLENDS shall be placed in a special account and shall only be utilized to pay for items related to SCLENDS.  Unexpended funds may be carried forward from the prior fiscal year into the current fiscal year and be used for the same purpose.
     27.6.      (LIB: Donations)  The State Library may accept donation funds to be used for administration, operation, and programs from any donor source.  Unexpended funds shall be carried forward from the prior fiscal year into the current fiscal year.
     27.7.      (LIB: Sale of Promotional Items)  The State Library shall be allowed to sell promotional items with the South Carolina State Library brand and logo for the purpose of generating funds for the State Library.  Unexpended funds shall be carried forward from the prior fiscal year into the current fiscal year.
     27.8.      (LIB: Consortium Purchasing)  The State Library shall be authorized to accept funds to be used for consortium purchasing between libraries (public, academic, special) that serve South Carolina residents.  Funds received by the State Library for consortium purchasing agreements shall be placed in a designated account and shall only be used to pay for items related to specific consortium purchasing agreements.  These funds may be retained, expended, and carried forward from the prior fiscal year into the current fiscal year and used for the same purpose.

SECTION 28 - H91-ARTS COMMISSION

     28.1.      (ARTS: Professional Artists Contract)  Where practicable, all professional artists employed by the Arts Commission in the fields of music, theater, dance, literature, musical arts, craft, media arts and environmental arts shall be hired on a contractual basis as independent contractors.  Where such a contractual arrangement is not feasible employees in these fields may be unclassified, however, the approval of their salaries shall be in accord with the provisions of Section 81135 of the 1976 Code.
     28.2.      (ARTS: Special Revolving Account)  Any income derived from Arts Commission sponsored arts events or by gift, contributions, or bequest now in possession of the Arts Commission including any federal or other funds balance remaining at the end of the prior fiscal year, shall be retained by the commission and placed in a special revolving account for the commission to use solely for the purpose of supporting the programs provided herein.  Any such funds shall be subject to the review procedures as set forth in Act 651 of 1978.
     28.3.      (ARTS: Partial Indirect Cost Waiver)  The commission is allowed to apply a fifteen percent indirect cost rate for continuing federal grants for which they must compete.  The commission shall apply the full approved negotiated rate to the Basic State Grant and any new grants received by the commission.
     28.4.      (ARTS: Grants)  The Arts Commission must expend seventy percent of appropriated state funds on grants to support the statewide improvement of learning and enrichment opportunities for children and communities through educational and cultural programs with proven research based strategies.
     28.5.      (ARTS: Distribution to Subdivisions)  Of the funds appropriated and/or authorized to the Arts Commission for Distribution to Subdivisions, the following amounts shall be distributed in the same manner as the funds were distributed in the prior fiscal year:  $11,420 for Alloc Mun-Restricted; $3,381 for Alloc Cnty-Restricted; $78,376 for Alloc School Dist; $12,336 for Alloc Other State Agencies; $429,845 for Alloc-Private Sector; $29,494 for Alloc - Private Sector; $31,581 for Aid Mun-Restricted; $15,485 for Aid Cnty-Restricted; $358,344 for Aid School Districts; $205,138 for Aid Other State Agencies; $      794,598 for Aid To Private Sector; and $3,168 for Aid To Private Sector-Reportable.

SECTION 29 - H95-STATE MUSEUM COMMISSION

     29.1.      (MUSM: Duplicate Materials)  The commission may give (away), but not sell, natural history materials in its possession for educational purposes, such materials being less than museum quality or duplicative of materials owned by the Museum Commission.
     29.2.      (MUSM: Removal From Collections)  The commission may remove objects from its museum collections by gift to another public or non-profit institution, by trade with another public or non-profit institution, by public sale, by transfer to the commission’s education, exhibit, or study collections or to its operating property inventory; or as a last resort, by intentional destruction on the condition that the objects so removed meet with one or more of the following criteria:  (1) they fall outside the scope of the South Carolina Museum Commission’s collections as defined in the Collection Policy dated January 20, 1993; (2) they are unsuitable for exhibition or research; (3) they are inferior duplicates of other objects in the collection; or (4) they are forgeries or were acquired on the basis of false information; funds from the sale of such objects will be placed in a special revolving account for the commission to use solely for the purpose of purchasing objects for the collections of the State Museum.
     29.3.      (MUSM: Museum Store)  The Museum Commission shall establish and administer a museum store in the State Museum.  This store may produce, acquire, and sell merchandise relating to historical, scientific, and cultural sources.  All profits received from the sale of such merchandise shall be retained by the Museum Commission in a restricted fund to be carried forward into the following fiscal year.  These funds may be used for store operations, publications, acquisitions, educational programs, exhibit production and general operating expenses provided that the expenditures for such expenses are approved by the General Assembly in the annual Appropriation Act.
     29.4.      (MUSM: Traveling Exhibits Fees)  The Museum Commission may rent or sell exhibits and exhibit components and the commission may retain such funds and use them to offset the cost of developing, maintaining, promoting, and improving the changing exhibit program and to support general operations, provided that the expenditures for such expenses are approved by the General Assembly in the annual Appropriation Act.  Any unexpended revenue from these sources may be carried forward into the current fiscal year to be expended for the same purposes.
     29.5.      (MUSM: Retention of Revenue)  The Museum Commission may retain revenue received from admissions, program fees, facility rentals, professional services, donations, food service, exhibits and exhibit components, and other miscellaneous operating income generated by or for the museum and may expend such revenue for general operating expenses provided that such expenditures are approved by the General Assembly in the annual Appropriation Act.  Any unexpended revenue from these sources may be carried forward into the current fiscal year to be expended for the same purposes.
     29.6.      (MUSM: Across-the-Board Cut Exemption)  In the calculation of any across-the-board cut mandated by the Budget and Control Board or General Assembly, the amount of the museum’s rent which the commission pays to General Services shall be excluded from the museum’s base budget.
     29.7.      (MUSM: School Tour Fee Prohibition)  The commission may not charge admission fees to groups of children from South Carolina who have made reservations that are touring the museum as part of a school function.
     29.8.      (MUSM: Dining Area Rent)  Of the space currently vacant in the Columbia Mills Building, space large enough for the museum to have dining space for school-aged children shall be provided to the State Museum at no cost.
     29.9.      (MUSM: Remittance to General Services)  The State Museum is directed to remit not less than $1,800,000 to the Budget and Control Board, Division of General Services as compensation for expenses associated with the premises it leases in the Columbia Mills Building.  In the event the General Assembly or the Budget and Control Board implements a mid-year across-the-board budget reduction, the rent that the State Museum remits to the Budget and Control Board shall be reduced by the same percentage as the assessed budget reduction.
     29.10.      (MUSM: Admissions Tax Exemption)  The State Museum is exempt from remitting Admissions Tax to the Department of Revenue on the admission fees it collects.  An amount equivalent to the tax, five percent of total admissions revenue, shall be earmarked in the museum’s budget for the purpose of supporting general operations.

SECTION 32 - H73-DEPARTMENT OF VOCATIONAL REHABILITATION

     32.1.      (VR: Production Contracts Revenue)  All revenues derived from production contracts earned by people with disabilities receiving job readiness training at the agency’s Work Training Centers may be retained by the State Agency of Vocational Rehabilitation and used in the facilities for Client Wages and any other production costs; and further, any excess funds derived from these production contracts may be used for other operating expenses and/or permanent improvements of these facilities.
     32.2.      (VR: Reallotment Funds)  To maximize utilization of federal funding and prevent the loss of such funding to other states in the Basic Service Program, the State Agency of Vocational Rehabilitation be allowed to budget reallotment and other funds received in excess of original projections in following State fiscal years.
     32.3.      (VR: User/Service Fees)  Any revenues generated from user fees or service fees charged to the general public or other parties ineligible for the department’s services may be retained to offset costs associated with the related activities so as to not affect the level of service for regular agency clients.
     32.4.      (VR: Meal Ticket Revenue)  All revenues generated from sale of meal tickets may be retained by the agency and expended for supplies to operate the agency’s food service programs or cafeteria.
     32.5.      (VR: Basic Services Program - Educational Scholarships)  For those persons with disabilities who are eligible for and are receiving services under an approved plan of the South Carolina Vocational Rehabilitation Department (consistent with the 1973 Rehabilitation Act, as amended) tuition costs at state supported institutions (four year, technical, or trade schools) will not increase beyond the 1998 tuition rate, will be provided, or will be waived by the respective institution after the utilization of any other federal or state student aid for which the student is eligible.  Persons eligible for this tuition reduction or sponsorship must meet all academic requirements of the particular institution and be eligible for State need-based scholarships as defined in Chapter 142, Title 59, Code of Laws of South Carolina, 1976.

SECTION 33 - J02-DEPARTMENT OF HEALTH AND HUMAN SERVICES

     33.1.      (DHHS: Recoupment/Restricted Fund)  The Department of Health and Human Services shall recoup all refunds and identified program overpayments and all such overpayments shall be recouped in accordance with established collection policy.  Further, the Department of Health and Human Services is authorized to maintain a restricted fund, on deposit with the State Treasurer, to be used to pay for liabilities and improvements related to enhancing accountability for future audits.  The restricted fund will derive from prior year program refunds.  The restricted fund shall not exceed one percent of the total appropriation authorization for the current year.  Amounts in excess of one percent will be remitted to the general fund.
     33.2.      (DHHS: Long Term Care Facility Reimbursement Rate)  The Department, in calculating a reimbursement rate for long term care facility providers, shall obtain for each contract period an inflation factor, developed by the Budget and Control Board, Division of Budget and Analyses.  Data obtained from Medicaid cost reporting records applicable to long term care providers will be supplied to the Budget and Control Board, Division of Budget and Analyses.  A composite index, developed by the Budget and Control Board, Division of Budget and Analyses will be used to reflect the respective costs of the components of the Medicaid program expenditures in computing the maximum inflation factor to be used in long term care contractual arrangements involving reimbursement of providers.  The Division of Budget and Analyses of the Budget and Control Board shall update the composite index so as to have the index available for each contract renewal.
     The department may apply the inflation factor in calculating the reimbursement rate for the new contract period from zero percent (0%) up to the inflation factor developed by the Division of Budget and Analyses.
     33.3.      (DHHS: Medical Assistance Audit Program Remittance)  The Department of Health and Human Services shall remit to the State Auditor’s Office an amount representing fifty percent (allowable Federal Financial Participation) of the cost of the Medical Assistance Audit Program as established in the State Auditor’s Office of the Budget and Control Board Section 102.  Such amount shall also include appropriated salary adjustments and employer contributions allocable to the Medical Assistance Audit Program.  Such remittance to the State Auditor’s Office shall be made monthly and based on invoices as provided by the State Auditor’s Office of the Budget and Control Board.
     33.4.      (DHHS: Third Party Liability Collection)  The Department of Health and Human Services is allowed to fund the net costs of any Third Party Liability and Drug Rebate collection efforts from the monies collected in that effort.
     33.5.      (DHHS: Medicaid State Plan)  Where the Medicaid State Plan has been altered to cover services that previously were provided by one hundred percent state funds, or that have been requested to be added by other state agencies, the department can bill other agencies for the state share of services provided through Medicaid.  In order to comply with Federal regulations regarding allowable sources of matching funds, state agencies are authorized to make appropriation transfers to the Department of Health and Human Services to be used as the state share when certified public expenditures are not allowed for those state agency Medicaid services.  The department will keep a record of all services affected and submit periodic reports to the Senate Finance and House Ways and Means Committees.
     33.6.      (DHHS: Medically Indigent Assistance Fund)  The department is authorized to expend disproportionate share funds to all eligible hospitals with the condition that all audit exceptions through the receipt and expenditures of these funds are the liability of the hospital receiving the funds.
     33.7.      (DHHS: Admin. Days/Swing Beds Reduction Prohibition)  Funds appropriated herein for hospital administrative days and swing beds shall not be reduced in the event the agency cuts programs and the services they provide.
     33.8.      (DHHS: Nursing Home Sanctions)  The Department of Health and Human Services is authorized to establish an interest bearing restricted fund with the State Treasurer, to deposit fines collected as a result of nursing home sanctions.  The department may use these funds consistent with the provision of Section 44-6-470.
     33.9.      (DHHS: Registration Fees)  The department is authorized to receive and expend registration fees for educational, training, and certification programs.
     33.10.      (DHHS: Fraud and Abuse Collections)  The Department of Health and Human Services may offset the administrative costs associated with controlling fraud and abuse.
     33.11.      (DHHS: Provider Reimbursement Rate Report)  The Department of Health and Human, in conjunction with the Office of Research and Statistics of the Budget and Control Board, shall prepare a report that compares the reimbursement rate of Medicaid providers to the reimbursement rate of the Medicare Program and the State Health Plan.  This report shall be completed by January thirty-first, each year, and submitted to the Governor and the members of the General Assembly.
     33.12.      (DHHS: Medicaid Eligibility Transfer)  The South Carolina Department of Health and Human Services (DHHS) is hereby authorized to determine the eligibility of applicants for the South Carolina Medicaid Program in accordance with the State Plan Under Title XIX of The Social Security Act Medical Assistance Program.  Personnel of the Department of Social Services (DSS) engaged in this function full-time, and other DSS personnel engaged in this function who are identified by agreement of DSS and DHHS, are transferred to DHHS.  The governing authority of each county shall continue to provide office space and facility service for this function as they do for DSS functions under Section 43-3-65.
     33.13.      (DHHS: Franchise Fees Suspension)  Franchise fees imposed on nursing home beds and enacted by the General Assembly during the 2002 session are suspended .
     33.14.      (DHHS: Program Integrity Efforts)  The Department of Health and Human Services is instructed to expand its program integrity efforts by utilizing resources both within and external to the agency including, but not limited to, the ability to contract with other entities for the purpose of maximizing the department’s ability to detect and eliminate provider fraud.
     33.15.      (DHHS: Post Payment Review)  The department is directed to perform post payment reviews as permitted under Medicaid regulations to ensure compliance with the Hyde Amendment provisions as it relates to the performance of medically necessary services under the Medicaid program.  The results of such reviews shall be available to the General Assembly upon request in a format that meets the requirements of the Health Insurance Accountability and Portability Act (HIPAA) and Medicaid confidentiality regulations.
     33.16.      (DHHS: Long Term Care Facility Reimbursement Rates)  The department shall direct staff to complete and submit its Medicaid State Plan Amendment for long term care facility reimbursement rates to the Federal government prior to Director of the Department of Health and Human Services by August first of each year.  The Director shall review the plan and submit to the Federal Government on or before August fifteenth of each year provided the State Appropriations Act has been enacted prior to by that date.  All additional requests for information from CMS concerning the plan shall be promptly submitted to CMS by the Department of Health and Human Services.  This provision shall apply only in those years when funds are allocated for rate increases.
     33.17.      (DHHS: Upper Payment Limit for Non-state Owned Public Nursing Facilities)  The department shall prepare and submit to the Center for Medicare and Medicaid Services no later than August 12, 2010, a state plan amendment to provide Medicaid supplemental payments to non-state owned public nursing facilities who qualify as Essential Public Safety Net providers.  The department shall provide a report on the plan amendment to the House of Representatives Ways and Means Committee and the Senate Finance Committee by the aforementioned date.
     33.18.      (DHHS: Nursing Services to High Risk/High Tech Children)  The Department of Health and Human Services shall continue a separate classification and compensation plan for Registered Nurses (RN) and Licensed Practical Nurses (LPN) who provide services to Medically Fragile Children, who are Ventilator dependent, Respirator dependent, Intubated, and Parenteral feeding or any combination of the above.  The classification plan shall recognize the skill level that these nurses caring for these Medically Fragile Children must have over and above normal home-care or school-based nurses.
     33.19.      (DHHS: Prior Authorization-Formulary Changes)  The Department of Health and Human Services shall coordinate and approve formulary changes for medications prescribed to treat major depression, schizophrenia, or bipolar disorder as defined by the most recent edition of the Diagnostics and Statistical Manual of the American Psychiatric Association or following prescribing practice guidelines established by the American Psychiatric Association.  The department shall require, in its managed care policy and procedures guide, managed care organizations to utilize a common prior authorization form for drugs used to treat major depression, schizophrenia, or bipolar disorder.  Adverse changes to a plan formulary must be coordinated with the agency.  If a formulary change regarding a medication prescribed to treat one of the conditions listed above will adversely affect the patient’s condition, the grievance process must be exhausted prior to the beneficiary initiating disenrollment from the plan.  At no time will a patient who is actively on medication for treatment of one of the above conditions at the time of enrollment in a managed care plan be denied coverage for such medication until resolution of the grievance process.  If the department determines the grievance process does not provide favorable relief for the beneficiary, the beneficiary shall be allowed to enroll in fee-for-service or another managed care plan providing formulary coverage.
     33.20.      (DHHS: Medicaid Cost and Quality Effectiveness)  The Department of Health and Human Services shall establish a procedure to assess the various forms of managed care (Health Maintenance Organizations and Medical Home Networks, and any other forms authorized by the department) to measure cost effectiveness and quality.  These measures must be compiled on an annual basis.  The Healthcare Effectiveness Data and Information Set (HEDIS) shall be utilized for quality measurement and must be performed by an independent third party according to HEDIS guidelines.  Cost effectiveness shall be determined in an actuarially sound manner and data must be aggregated in a manner to be determined by a third party in order to adequately compare cost effectiveness of the different managed care programs versus Medicaid fee-for-service.  The methodology must use appropriate case-mix and actuarial adjustments that allow cost comparison of managed care organizations, medical home networks, and fee-for-service.  The department shall issue annual healthcare report cards for each participating Medicaid managed care plan and Medical Home Network operating in South Carolina and the Medicaid fee-for-service program.  The report card measures shall be developed by the department and the report card shall be formatted in a clear, concise manner in order to be easily understood by Medicaid beneficiaries.  The results of the cost effectiveness calculations, quality measures and the report cards shall be made public on the department’s website by December 31 for the prior state fiscal year.
     33.21.      (DHHS: SCHIP Enrollment and Recertification)  The Department of Health and Human Services shall enroll and recertify eligible children to the State Children’s Health Insurance Program (SCHIP) and must use available state agency program data housed in the Budget and Control Board’s Office of Research and Statistics, to include the Department of Social Services’ Food Stamp program and the Department of Education’s Free and Reduced Meal eligibility data.  Use of this data and cooperative efforts between state agencies reduces the cost of outreach and maintenance of eligibility for SCHIP.
     33.22.      (DHHS: Carry Forward)  The Department of Health and Human Services is authorized to carry forward cash balances from the prior fiscal year into the current fiscal year for any earmarked or restricted trust and agency, or special revenue account or subfund.  The department shall submit a comprehensive reporting of all cash balances brought forward from the prior fiscal year.  The report shall, at a minimum, for each account or subfund include the following: the statutory authority that allows the funds to be carried forward, the maximum authorized amount that can be carried forward, the general purpose or need for the carry forward, the specific source(s) of funding or revenue that generated the carry forward, and a detailed description of any pending obligations against the carry forward.  The report must be submitted to the President Pro Tempore of the Senate, Chairman of the Senate Finance Committee, Speaker of the House of Representatives, and Chairman of the House Ways and Means Committee, within fifteen days after the Comptroller General closes the fiscal year.
     33.23.      (DHHS: Medicaid Provider Fraud)  The department shall expand and increase its effort to identify, report, and combat Medicaid provider fraud.  The department shall report to the General Assembly before publish on its' agency homepage by April 1, 2013 of the current fiscal year, on the results of these efforts, the funds recuperated or saved recovered, and information pertaining to prosecutions of such actions cases, including pleas agreements entered into.
     33.24.      (DHHS: Community Health Plans)  The Department of Health and Human Services shall oversee all community health plans approved to operate as a pilot program for the purpose of providing health care.  Such oversight shall include the review and approval of the financial and business plan of the community health plan.  Only those plans receiving approval from the department, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee prior to January 1, 2009 shall be authorized to operate as an approved community health plan pursuant to this provision.  The department shall approve participation requirements of community health plans.        An approved community health plan acting in accordance with these provisions shall not be considered as providing insurance or an unauthorized insurer.
     33.25.      (DHHS: Personal Emergency Response System)  The Department of Health and Human Services may consider the use of Personal Emergency Response Systems (PERS) units with additional functionality to include the use of a two button system that is UL or ETL certified.
     33.26.      (DHHS: GAPS)  The requirements of Title 44, Chapter 6610 through Chapter 6-660 shall be suspended for Fiscal Year 2012-13 the current state fiscal year.
     33.27.      (DHHS: Disproportionate Share - DMH)  For the current fiscal year, the department is directed to transfer funds to the Department of Mental Health to make up any shortfall in disproportionate share funding due to rule changes from the Center for Medicare and Medicaid Services from the latest federal fiscal year amount.  The department must also take any necessary action, including the submission of an amendment to the State Medicaid Plan, to minimize the impact of disproportionate share funding redistribution to the Department of Mental Health in future years.
     33.28.      (DHHS: In-Home Health Care Systems for Medicaid Recipients)  The Department of Health and Human Services, during Fiscal Year 2012-13, within the funds appropriated, upon application by the department, may pilot test an in-home health care system.  The pilot test must include a statistically valid sample of Medicaid patients within the counties as determined by the Director of the Department of Health and Human Services.  This program shall provide a state-of-the-art in-home health care system which provides around the clock access to medical assessment care and additionally provides an emergency response function that gives a Medicaid recipient the ability to contact a local emergency response center.
     The purpose of the program is to reduce the amount of emergency room visits in non-emergency cases and to reduce the amount of visits to other medical care facilities in order to save on the cost of providing this care and in order to provide better health care.
     The in-home health care system option must consist of three main components:
           (1)      the medical console and wireless transmitter;
           (2)      the medical triage center; and
           (3)      the emergency response call center.
     The medical console and wireless transmitter must have the following capabilities:
           (1)      the medical console must be capable of communication between two separate call centers, one of which is a monitoring facility to provide certified medical triage care twenty-four hours a day and the other of which is a monitoring facility to provide emergency response services twenty-four hours a day.
           (2)      the wireless transmitter for the medical console must have two buttons, one for transmitting a signal to the console to contact the emergency response monitoring facility, and the second button also must send a wireless signal to the console to trigger contact with the medical triage center.
           (3)      the medical console must be able to send a report/event code to the emergency response call center after a medical triage center call has been placed.
           (4)      an emergency button on the medical console must include Braille for the sight impaired.
     The medical triage center must have or be:
           (1)      open twenty-four hours a day, three hundred sixty-five days a year;
           (2)      a call center must be located in the United States;
           (3)      Utilization Review Accreditation Commission (URAC) accredited;
           (4)      on call availability of a South Carolina licensed physician, twenty-four hours, seven days a week for guidance or review of clinical calls as needed;
           (5)      registered nurses with a minimum of ten years experience available to answer all calls;
           (6)      all calls digitally recorded and archived, and a triage report prepared and sent;
           (7)      daily monitoring of communications with the call center;
           (8)      fully HIPAA compliant;
           (9)      bilingual staff in English and Spanish;
           (10)      a mechanism that ensures that a caller will never receive a busy signal or voice mail when accessing the nurse advice line;
           (11)      clinical staff able to serve pediatric, adolescent, adult, and senior populations, as well as health care expertise in a variety of clinical areas such as emergency room, pediatrics, critical care, oncology, cardiology, pulmonary, geriatrics, obstetrics/gynecology and general medicine; and
           (12)      the infrastructure in place to allow the telephone network to digitally communicate with the medical console for incoming call connection, call disconnect, and client file access.
     The emergency response call center must:
           (1)      be open twenty-four hours a day, three hundred sixty-five days a year;
           (2)      be located in South Carolina;
           (3)      maintain a digital receiver capable of processing two-way voice audio using multiple formats.
     Facilities, emergency response and the medical triage center, shall offer all recipients selected by the department unlimited use of services provided by the emergency monitoring and medical triage facilities at no additional cost burden to the State.
     The pilot-testing program must be conducted for the current fiscal year.  The department in developing and administering this program is authorized to take such actions as may be required, including making requests for Medicaid waivers when necessary.
     The department, in implementing this program on a pilot-testing basis, also is authorized to contract with a third-party provider or vendor to furnish and operate the program or a physician's office that provides a similar patient service.
     33.29.      (DHHS: Medicaid Reporting)  Within ninety days of the end of each quarter in Fiscal Year 2012-13 during the current fiscal year, the department shall report each cost-savings measure implemented.  By county, the department shall report the number of enrolled and active providers by provider type, provider specialty and sub-specialty, the number of recipients, the number of recipients by provider type, the expenditures by provider type and specialty, and service level utilization trends.  The department shall continue to annually report HEDIS measures, noting where measures improve or decline.  Each report shall be submitted to the Chairman of the Senate Finance Committee, the Chairman of the Ways and Means Committee, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives, and be prominently displayed on the department’s website.
     33.30.      (DHHS: Grant Authority)  The Department of Health and Human Services is authorized to make grants to community-based not-for-profit organizations for local projects that further the objectives of department programs.  The department is authorized to issue a total of $20,000,000 in grants, with no individual grant exceeding $500,000.  The department shall develop policies and procedures and may promulgate regulations to assure compliance with state and federal requirements associated with the funds used for the grants and to assure fairness and accountability in the award and administration of these grants.  The department may require a match from grant recipients.  The department shall report to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committees on the grants awarded.
     33.31.      (DHHS: Community Health Center/FQHC)  Entities receiving funding under Section 330 of the Public Health Services Act qualify to receive funds provided in this Act for Community Health Center/FQHC.  This appropriation shall be disbursed as follows:  (1) 30% of the total appropriation will be divided among qualifying entities; and (2) The balance of the appropriation will be distributed with 40% based on uninsured patients served and 30% based on the number of patients seen from counties with a population of less than 125,000.  Any newly established Community Health Center/FQHC shall receive an amount equivalent to the average disbursement made to all Centers/FQHCs.
     33.32.      (DHHS: Recoupment/Sustainability Fund)  DELETED
     33.33.      (DHHS: Non-Disabled, Childless Adults Waiver)  Whenever the United States Secretary for the Department of Health and Human Services notifies State Medicaid Agencies that it will accept applications for waivers for Medicaid eligibility for non-disabled, childless adults whose income is up to 100% of the Federal Poverty Level, the Director of the South Carolina Department of Health and Human Services may submit an application for this waiver which must include strategies for improving health outcomes, purchasing the most healthcare at the least possible cost, and continuing implementation of coordinated care.
     33.34.      (DHHS: Medicaid Accountability and Quality Improvement Initiative)  From the funds appropriated and authorized to the Department of Health and Human Services, the department shall implement the following accountability and quality improvement initiatives:
     (A)      Healthy Outcomes Initiative - Upon approval of the Centers for Medicare and Medicaid Services (CMS), the Department of Health and Human Services shall make available to participating hospitals up to a $35,000,000 aggregate rate incentive effective October 1, 2013.  This incentive shall be directly linked to a hospital's participation in initiatives designed to reduce system cost and increase health outcomes.  To improve community health, the department may explore various health outreach, education and patient wellness and incentive programs.  Working with Kershaw Health and its LiveWell Kershaw program, the department may pilot diabetes, smoking cessation, weight management, and heart disease interventions to identify the potential to offer such interventions as models for other hospitals to pursue.  These initiatives may include, but are not limited to:
                 1.      entering into a Memorandum of Understanding (MOU) with selected primary health care and other providers to co-manage chronically ill uninsured high-utilizers of emergency room services; and
                 2.      participating in price and quality transparency efforts initiated by the department.
     In designing these initiatives the department shall receive public input, and make the final determination of the initiative design.  The department shall, no later than August 1, 2013, publish the manner in which participation in these initiatives will correspond with incentives.  If at the end of the state fiscal year the department determines that this program is not generating cost savings or increasing health outcomes the department may retract this incentive in part or full.
     (B)      Disproportionate Share (DSH) Payment Accountability - Upon approval of CMS, in order to increase accountability for money reimbursed to hospitals under the DSH program and to improve outcomes for the uninsured, hospitals shall:
                 1.      submit claims-level data for all individuals receiving uncompensated care; and
                 2.      obtain a patient attestation to determine whether or not the individual receiving uncompensated care has access to affordable health insurance or does not have other means to pay for services.
     (C)      Rural Hospital DSH Payment - Upon approval of CMS, Medicaid-designated rural hospitals in South Carolina shall receive full coverage of uncompensated care as part of the State’s Medicaid Disproportionate Share (DSH) program.  Funds shall be allocated from the existing DSH program and shall not exceed $20,000,000 total funds.  Rural Hospitals are ineligible for this increased coverage should they not participate in reporting and quality guidelines published by the department and outlined in the Healthy Outcomes Initiative in the Fiscal Year 2013-14 Appropriations Act.  These guidelines shall be published no later than August 1, 2013.
     In addition to the requirements placed upon them by the department, rural hospitals must actively participate with the department and any other stakeholder identified by the department, in efforts to design an alternative health care delivery system in these regions.
     (D)      Primary Care Safety Net - The department shall develop a methodology to reimburse safety net providers to provide primary care, behavioral health services, and pharmacy services for chronically ill individuals that do not have access to affordable insurance.  Qualifying safety net providers are approved, licensed, and duly organized Federally Qualified Health Centers (FQHCs, entities receiving funding under Section 330 of the Public Health Services Act), Rural Health Clinics (RHCs), Free Clinics, other clinics serving the uninsured, and Welvista.
     The department shall allocate at least $5,000,000 for baseline funding to FQHCs as defined in paragraph (D), at least $2,000,000 for documented capital needs for FQHCs as defined in paragraph (D), at least $2,000,000 for baseline funding for Free Clinics, and at least $5,000,000 for innovative care strategies for qualifying safety net providers.
     The department shall consult with the SC Primary Health Care Association to determine the entities with the most critical capital needs. From the aforementioned $14,000,000, Welvista shall receive at least an additional $600,000.
     To be eligible for funds, qualifying providers shall be required to provide the department patient and service data to assist in the overall improvement of the state’s health quality and when appropriate safety net providers must enter into a MOU with hospitals to co-manage chronically ill uninsured high-utilizers of emergency room services.  Participants in this program shall submit evaluations of effectiveness annually to the department.
     (E)      Rural Provider Capacity - The department shall incentivize the development of rural physician coverage and capacity building through the following mechanisms:
                 1.      the department shall leverage the Graduate Medical Education program and develop a methodology to improve accountability and increased outcomes for the State’s GME and Supplemental Teaching Payments investment by January 1, 2014; and
                 2.      the department shall develop a program to leverage the use of teaching hospitals to provide rural physician coverage, expand the use of Telemedicine, and ensure targeted placement and support of OB/GYN services in at least four (4) counties with a demonstrated lack of adequate OB/GYN resources by July 1, 2014.
     (F)      Community Residential Care Optional State Supplement - The department shall establish policies and procedures to include establishing a facility rate per eligible beneficiary at $1,500 per month for recipients and providers who meet the requirements for the enhanced maximum OSS payment; establish eligibility criteria; and establish a methodology for increasing the personal needs allowance.  The department will revise the net income limit to accommodate the change in the maximum OSS facility rate.  A total of at least $10,000,000 shall be made available for this rate increase.  Each recipient shall receive a minimum increase of $100 per month.  All current recipients shall remain eligible for the supplement during the fiscal year.
     In addition, the department will establish Quality of Care Standards and other requirements for facilities licensed as a Community Residential Care Facility and participating in the OSS program and Medicaid Waiver services.
     (G) The department shall publish quarterly reports on the agency's website regarding the department's progress in meeting the goals established by this provision.
     33.35.      (DHHS: Medicaid Healthcare Initiatives Outcomes) Prior to February 15 of the current fiscal year, the Director of the Department of Health and Human Services shall make a presentation to the House Ways and Means Healthcare Budget Subcommittee on the outcomes of Medicaid healthcare initiatives enacted during Fiscal Year 2013-14 to improve the well being of persons enrolled in the Medicaid program and receiving services from Medicaid providers.
     33.36.      (DHHS: Medicaid Non-Emergency Medical Transportation)  The Department of Health and Human Services (department) shall procure transportation services upon the expiration of the current Medicaid non-emergency medical transportation contracts using a service model that maximizes efficiencies and cost effectiveness; improves health care outcomes; and improves member experience regarding quality and satisfaction in the Medicaid transportation program while using qualified transportation providers.
     The department shall develop the policies, procedures and transportation provider performance standards with input from stakeholders.  The department shall provide oversight of the implementation and operation.
     The department shall collect financial and utilization data and any other data necessary to continually monitor and evaluate the cost effectiveness and productivity of the transportation services provided.
     33.37.      (DHHS: Carry Forward Authorization)  For the current fiscal year, the Department of Health and Human Services is authorized to carry forward and expend any General Fund balances for the Medicaid program.  Within 30 days after the close of the fiscal year, the department shall report the balance carried forward to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee.

SECTION 34 - J04-DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

     34.1.      (DHEC: County Health Departments Funding)  Out of the appropriation provided in this section for "Access to Care", the sum of $25,000 shall be distributed to the county health departments by the commissioner, with the approval of the Board of Department of Health and Environmental Control, for the following purposes:
           (1)      To insure the provision of a reasonably adequate public health program in each county.
           (2)      To provide funds to combat special health problems that may exist in certain counties.
           (3)      To establish and maintain demonstration projects in improved public health methods in one or more counties in the promotion of better public health service throughout the State.
           (4)      To encourage and promote local participation in financial support of the county health departments.
           (5)      To meet emergency situations which may arise in local areas.
           (6)      To fit funds available to amounts budgeted when small differences occur.
     The provisions of this proviso shall not supersede or suspend the provisions of Section 13-7-30 of the 1976 Code.
     34.2.      (DHEC: County Health Units)  General funds made available to the Department of Health and Environmental Control for the allocation to the counties of the State for operation of county health units be allotted on a basis approved by the Board of the Department of Health and Environmental Control.  The amount of general funds appropriated herein for Access to Care shall be allocated on a basis such that no county budget shall receive less than the amount received in the prior fiscal year, except when instructed by the Budget and Control Board or the General Assembly to reduce funds within the department by a certain percentage, the department may unilaterally reduce the county health units up to the stipulated percentage.
     34.3.      (DHEC: Camp Burnt Gin)  Private donations or contributions for the operation of Camp Burnt Gin shall be deposited in a restricted account.  These funds may be carried forward and shall be made available as needed to fund the operation of the camp.  Withdrawals from this restricted account must be in accordance with approved procedures.
     34.4.      (DHEC: Children’s Rehabilitative Services)  The Children’s Rehabilitative Services shall be required to utilize any available financial resources including insurance benefits and/or governmental assistance programs, to which the child may otherwise be entitled in providing and/or arranging for medical care and related services to physically handicapped children eligible for such services, as a prerequisite to the child receiving such services.
     34.5.      (DHEC: Cancer/Hemophilia)  Notwithstanding any other provisions of this act, the funds appropriated herein for prevention, detection and surveillance of cancer as well as providing for cancer treatment services, $545,449 and the hemophilia assistance program, $1,186,928 shall not be transferred to other programs within the agency and when instructed by the Budget and Control Board or the General Assembly to reduce funds within the department by a certain percentage, the department may not act unilaterally to reduce the funds for any cancer treatment program and hemophilia assistance program provided for herein greater than such stipulated percentage.
     34.6.      (DHEC: Local Health Departments)  Counties of the state will be relieved of contribution requirements for salary, fringe benefits and travel reimbursement to local health departments.  The amount of $5,430,697 is appropriated for county health department salaries, fringe benefits and travel.  These funds and other state funds appropriated for county health units may, based upon need, be utilized in either salary or travel categories.  Each county shall provide all other operating expenses of the local health department in an amount at least equal to that appropriated for operations for each county in Fiscal Year 1981.  In the event any county makes uniform reductions in appropriations to all agencies or departments for maintenance and operations, exclusive of salaries and fringe benefits, a like reduction shall be made in funds appropriated for the operating expenses of the local health department.
     34.7.      (DHEC: Insurance Refunds)  The Department of Health and Environmental Control is authorized to budget and expend monies resulting from insurance refunds for prior year operations for case services in family health.
     34.8.      (DHEC: Emergency Medical Services)  Funds appropriated herein for Emergency Medical Services, shall be allocated for the purpose of improving and upgrading the EMS system throughout the state.  The monies allocated to the Counties are for the purpose of improving or upgrading the local EMS system through the licensed ambulance services, the monies allocated to the EMS Regional Councils are for the administration of training programs and technical assistance to local EMS organizations and county systems.  All additional funds are to be allocated as follows:  to the counties at the ratio of eighty-one percent of the additional funds appropriated herein, to the EMS Regions at a ratio of twelve percent of the additional funds appropriated herein and to the state EMS Office at the ratio of seven percent of the additional funds appropriated herein.  The Department of Health and Environmental Control shall develop criteria and guidelines and administer the system to make allocations to each region and county within the state, based on demonstrated need and local match.  Funds appropriated to Emergency Medical Services shall not be transferred to other programs within the department’s budget.  Unexpended funds appropriated to the program may be carried forward to succeeding fiscal years and expended for administrative and operational support and for temporary and contract employees to assist with duties related to improving and upgrading the EMS system throughout the state, including training of EMS personnel and administration of grants to local EMS providers.  In addition, when instructed by the Budget and Control Board or the General Assembly to reduce funds by a certain percentage, the department may not reduce the funds appropriated for EMS Regional Councils or Aid to Counties greater than such stipulated percentage.
     34.9.      (DHEC: Rape Violence Prevention Contract)  Of the amounts appropriated in Rape Violence Prevention, $403,956 $1,103,956 shall be used to support programmatic efforts of the state’s rape crisis centers with distribution of these funds based on the Department of Health and Environmental Control Rape Violence Prevention Program service standards Standards and Outcomes for Rape Crisis Centers and each center’s accomplishment of a pre-approved annual action plan.  For Fiscal Year 2012-13 2013-14, the department shall not reduce these contracts below the current funding level.
     34.10.      (DHEC: Sickle Cell Blood Sample Analysis)  $16,000 is appropriated in Independent Living for the Sickle Cell Program for Blood Sample Analysis and shall be used by the department to analyze blood samples submitted by the four existing regional programs - Region I, Barksdale Sickle Cell Anemia Foundation in Spartanburg; Region II, Clark Sickle Cell Anemia Foundation in Columbia; Region III, Committee on Better Racial Assurance Hemoglobinopathy Program in Charleston; and the Orangeburg Area Sickle Cell Anemia Foundation.
     34.11.      (DHEC: Sickle Cell Programs)  $761,233 is appropriated for Sickle Cell program services and shall be apportioned as follows:
           (1)      sixty-seven percent is to be divided equitably between the existing Community Based Sickle Cell Programs located in Spartanburg, Columbia, Orangeburg, and Charleston; and
           (2)      thirty-three percent is for the Community Based Sickle Cell Program at DHEC.
     The funds shall be used for providing prevention programs, educational programs, testing, counseling and newborn screening.  The balance of the total appropriation must be used for Sickle Cell Services operated by the Independent Living program of DHEC.  The funds appropriated to the community based sickle cell centers shall be reduced to reflect any percent reduction assigned to the Department of Health and Environmental Control by the Budget and Control Board; provided, however, that the department may not act unilaterally to reduce the funds for the Sickle Cell program greater than such stipulated percentage.  The department shall not be required to undertake any treatment, medical management or health care follow-up for any person with sickle cell disease identified through any neonatal testing program, beyond the level of services supported by funds now or subsequently appropriated for such services.  No funds appropriated for ongoing or newly established sickle cell services may be diverted to other budget categories within the DHEC budget.  For Fiscal Year 2012-13 2013-14, the department shall not reduce these funds below the current funding level.
     34.12.      (DHEC: Genetic Services)  The sum of $104,086 appearing under the Independent Living program of this act shall be appropriated to and administered by the Department of Health and Environmental Control for the purpose of providing appropriate genetic services to medically needy and underserved persons.  Such funds shall be used by the department to administer the program and to contract with appropriate providers of genetic services.  Such services will include genetic screening, laboratory testing, counseling, and other services as may be deemed beneficial by the department, and these funds shall be divided equally among the three Regional Genetic Centers of South Carolina, composed of units from the Medical University of South Carolina, the University of South Carolina School of Medicine, and the Greenwood Genetic Center.
     34.13.      (DHEC: Revenue Carry Forward Authorization)  The Department of Health and Environmental Control is hereby authorized to collect, expend, and carry forward revenues in the following programs: Sale of Goods (confiscated goods, arm patches, etc.), sale of meals at Camp Burnt Gin, sale of publications, brochures, Spoil Easement Areas revenue, performance bond forfeiture revenue for restoring damaged critical areas, beach renourishment appropriations, photo copies and certificate forms, including but not limited to, pet rabies vaccination certificate books, sale of listings and labels, sale of State Code and Supplements, sale of films and slides, sale of maps, sale of items to be recycled, including, but not limited to, used motor oil and batteries, sale and/or licensing of software products developed and owned by the Department, and collection of registration fees for non-DHEC employees.  Any unexpended balance carried forward must be used for the same purpose.
     34.14.      (DHEC: Medicaid Nursing Home Bed Days)  Pursuant to Section 44-7-84(A) of the 1976 Code, the maximum number of Medicaid patient days for which the Department of Health and Environmental Control is authorized to issue Medicaid nursing home permits is 4,452,015.
     34.15.      (DHEC: Health Licensing Fee)  Funds resulting from an increase in the Health Licensing Fee Schedule shall be retained by the department to fund increased responsibilities of the health licensing programs.  Failure to submit a license renewal application or fee to the department by the license expiration date shall result in a late fee of $75 or twenty-five percent of the licensing fee amount, whichever is greater, in addition to the licensing fee.  Continual failure to submit completed and accurate renewal applications and/or fees by the time period specified by the department shall result in enforcement actions.  The department may waive any or all of the assessed late fees in extenuating circumstances, as long as it is with public knowledge.
     34.16.      (DHEC: Infectious Waste Contingency Fund)  The Department of Health and Environmental Control is authorized to use not more than $75,000 from the Infectious Waste Contingency Fund per year for personnel and operating expenses to implement the Infectious Waste Act.
     34.17.      (DHEC: Nursing Home Medicaid Bed Day Permit)  When transfer of a Medicaid patient from a nursing home is necessary due to violations of state or federal law or Medicaid certification requirements, the Medicaid patient day permit shall be transferred with the patient to the receiving nursing home.  The receiving facility shall apply to permanently retain the Medicaid patient day permit within sixty days of receipt of the patient.
     34.18.      (DHEC: Mineral Sets Revenue)  The department is authorized to charge a reasonable fee for mineral sets.  Funds generated from the sale of mineral sets may be retained by the department in a revolving account with a maximum carry forward of $2,000 and must be expended for mineral set supplies and related mining and reclamation educational products.
     34.19.      (DHEC: Spoil Easement Areas Revenue)  The department is authorized to collect, retain and expend funds received from the sale of and/or third party use of spoil easement areas, for the purpose of meeting the State of South Carolina’s responsibility for providing adequate spoil easement areas for the Atlantic Intracoastal Waterway in South Carolina.
     34.20.      (DHEC: Per Visit Rate)  The SC DHEC is authorized to compensate non-permanent, part-time employees on a fixed rate per visit basis.  Compensation on a fixed rate per visit may be paid to employees for whom the department receives per visit reimbursement from other sources.  These individuals will provide direct patient care in a home environment.  The per visit rate may vary based on the discipline providing the care and the geographical location of services rendered.  Management may pay exempt or non-exempt employees as defined by the Fair Labor Standards Act only when they are needed to work.  Individuals employed in this category may exceed twelve months, but are not eligible for State benefits except for the option of contributing to the State Retirement System.
     34.21.      (DHEC: Allocation of Indirect Cost and Recoveries)  The department shall continue to deposit in the general fund all indirect cost recoveries derived from state general funds participating in the calculation of the approved indirect cost rate.  Further administration cost funded with other funds used in the indirect cost calculation shall may, based on their percentage, be retained by the agency to support the remaining administrative costs of the agency.
     34.22.      (DHEC: Permitted Site Fund)  The South Carolina Department of Health and Environmental Control may expend funds as necessary from the permitted site fund established pursuant to Section 44-56-160(B)(1), for legal services related to environmental response, regulatory, and enforcement matters, including administrative proceedings and actions in state and all federal courts.
     34.23.      (DHEC: Shift Increased Funds)  The Director is authorized to shift increased appropriated funds in this act to offset shortfalls in other critical program areas.
     34.24.      (DHEC: Health Licensing Monetary Penalties)  In the course of regulating health care facilities/services, the Division of Health Licensing (DHL) assesses civil monetary penalties against non-conforming providers.  DHL shall retain up to the first $50,000 of civil monetary penalties collected each fiscal year and these funds shall be utilized solely to carry out and enforce the provisions of regulations applicable to that Division.  These funds shall be separately accounted for in the Department’s fiscal records.
     34.25.      (DHEC: Health Facility Monetary Penalties)  In the course of regulating health care facilities/services, the Bureau of Health Facilities and Services Development (BHF) assesses civil monetary penalties against non-conforming providers.  BHF shall retain up to the first $100,000 of civil monetary penalties collected each fiscal year and these funds shall be utilized solely to carry out and enforce the provisions of regulations applicable to that Bureau.  These funds shall be separately accounted for in the Department’s fiscal records.
     34.26.      (DHEC: Radiological Health Monetary Penalties)  In the course of regulating health care facilities/services, the Bureau of Radiological Health (BRH) assesses civil monetary penalties against non-conforming providers.  BRH shall retain up to the first $30,000 of civil monetary penalties collected each fiscal year and these funds shall be utilized solely to carry out and enforce the provisions of regulations applicable to that Bureau.  These funds shall be separately accounted for in the Department’s fiscal records.
     34.27.      (DHEC: Prohibit Use of Funds)  The Department of Health and Environmental Control must not use any state appropriated funds to terminate a pregnancy or induce a miscarriage by chemical means.
     34.28.      (DHEC: Meals in Emergency Operations)  The cost of meals may be provided to state employees who are required to work during actual emergencies and emergency simulation exercises when they are not permitted to leave their stations.
     34.29.      (DHEC: Compensatory Payment)  In the event the President of the United States has declared a state of emergency or the Governor has declared a state of emergency in a county in the State, Fair Labor Standards Act exempt employees of the department may be paid for actual hours worked in lieu of accruing compensatory time, at the discretion of the agency Director, and providing funds are available.
     34.30.      (DHEC: Beach Renourishment and Monitoring and Coastal Access Improvement)  Beach renourishment activities are suspended for the current fiscal year.  Funds allocated for beach renourishment may be spent for coastal access improvement and shall be spent in accordance with all required state and federal permits and certifications.  If state funds are made available from any general revenue, capital, surplus or bond funding appropriated to the department for beach renourishment and maintenance, the department shall be able to expend not more than $100,000 of these funds annually to support annual beach profile monitoring coast wide to enable the department to determine erosion rates and to identify priority areas needing renourishment and maintenance to mitigate erosion and storm damage potential.  Appropriations for beach renourishment projects that are certified by the department as excess may be spent for coastal access improvement.
     34.31.      (DHEC: South Carolina State Trauma Care Fund)  Of the funds appropriated to the South Carolina State Trauma Care Fund, $2,268,885 shall be utilized for increasing the reimbursement rates for trauma hospitals, for trauma specialists’ professional fee, for increasing the capability of EMS trauma care providers from counties with a high rate of traumatic injury deaths to care for injury patients, and for support of the trauma system, based on a methodology as determined by the department with guidance and input from the Trauma Council as established in Section 44-61-530 of the South Carolina Code of Laws.  The methodology to be developed will include a breakdown of disbursement of funds by percentage, with a proposed seventy-six and one half percent disbursed to hospitals and trauma physician fees, sixteen percent of the twenty-one percent must be disbursed to EMS providers for training EMTs, Advanced EMTs and paramedics by the four regional councils of this state and the remaining five percent must be disbursed to EMS providers in counties with high trauma mortality rates, and two and one half percent allocated to the department for administration of the fund and support of the trauma system.  The Department of Health and Environmental Control shall promulgate regulations as required in Section 44-61-540 of the 1976 Code for the administration and oversight of the Trauma Care Fund.
     34.32.      (DHEC: Pandemic Influenza)  The Department of Health and Environmental Control shall assess South Carolina’s ability to cope with a major influenza outbreak or pandemic influenza and maintain an emergency plan and stockpile of medicines and supplies to improve the state’s readiness condition.  The department shall report on preparedness measures to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor by November first, each year.  The department, in conjunction with the Department of Health and Human Services, is authorized to establish a fund for the purpose of developing an emergency supply, stockpile, and distribution system of appropriate antiviral, antibiotic, and vaccine medicines and medical supplies.  In the event the United States Department of Health and Human Services makes available medicines or vaccines for purchase by states via federal contract or federally-subsidized contract or other mechanism, the department, with Budget and Control Board approval, may access appropriated or earmarked funds as necessary to purchase an emergency supply of these medicines for the State of South Carolina.
     34.33.      (DHEC: Pharmacist Services)  For the current fiscal year, provisions requiring that all department facilities distributing or dispensing prescription drugs be permitted by the Board of Pharmacy and that each pharmacy have a pharmacist-in-charge are suspended.  Each Department of Health and Environmental Control Public Health Region shall be required to have a permit to distribute or dispense prescription drugs.  A department pharmacist may serve as the pharmacist-in-charge without being physically present in the pharmacy.  The department is authorized to designate one pharmacist-in-charge to serve more than one department facility.  Only pharmacists, nurses, or physicians are allowed to dispense and provide prescription drugs/products/vaccines for conditions or diseases that the department treats, monitors, or investigates.  In the event of a public health emergency or upon activation of the strategic national stockpile, other medications may be dispensed as necessary.
     34.34.      (DHEC: Coastal Zone Appellate Panel)  The Coastal Zone Appellate Panel as delineated in Section 48-39-40 of the 1976 Code under the Department of Health and Environmental Control shall be suspended for the current fiscal year.
     34.35.      (DHEC: Rural Hospital Grants)  Rural Hospital Grants funds shall be allocated to public hospitals in very rural or rural areas whose largest town is less than 25,000 and whose licensed bed capacity does not exceed two hundred beds.  Hospitals qualifying for the grants shall utilize such funds for any of the following purposes:  (a) the development of preventive health programs, medical homes, and primary care diversion from emergency departments; (b) expanded health services, including physician recruitment and retention;( c) to improve hospital facilities; (d) activities involving electronic medical records or claims processing systems; (e) to enhance disease prevention activities in diabetes, heart disease, etc; and (f) activities to ensure compliance with State or Federal regulations.
     34.36.      (DHEC: Camp Burnt Gin)  Notwithstanding any other provision of law, the funds appropriated to the department pursuant to Part IA, or funds from any other source, for Camp Burnt Gin must not be reduced in the event the department is required to take a budget reduction.
     34.37.      (DHEC: Metabolic Screening)  The department may suspend any activity related to blood sample storage as outlined in Section 4437-30 (D) and (E) of the 1976 Code, if there are insufficient state funds to support the storage requirements.  In that event, the samples may be destroyed in a scientifically appropriate manner after testing.  The department shall notify providers of the suspension within thirty days of its effective date.
     34.38.      (DHEC: Fetal Pain Awareness)  (A)  The department must utilize at least one hundred dollars to prepare printed materials concerning information that unborn children at twenty weeks gestation and beyond are fully capable of feeling pain and the right of a woman seeking an abortion to ask for and receive anesthesia to alleviate or eliminate pain to the fetus during an abortion procedure.  The materials must be provided to each abortion provider in the State and must be placed in a conspicuous place in each examination room at the doctor’s office.  The materials must contain only the following information:

SECTION 35 - J12-DEPARTMENT OF MENTAL HEALTH

     35.1.      (DMH: Medicare Revenue Patient Fee Account)  All Federal Funds received by the Department of Mental Health from patients’ Medicare benefits shall be considered as patient fees to be used for the repayment of bonds except that the department shall remit to the General Fund of the State $290,963 from such funds to support the appropriation for administrative costs of the collection of Medicare benefits.  The department shall retain and expend up to three million dollars of all Medicare revenue earned prior to July first, of the prior fiscal year, but received in the current fiscal year from cost recovery efforts, all additional prior earnings shall be remitted to the general fund, except that the cost and fees of identifying and collecting such additional Medicare revenue to which the department is entitled may be paid from funds actually collected from such efforts.  The Department of Mental Health is hereby authorized to retain and expend its Patient Fee Account funds.  In addition to funds collected for the maintenance and medical care for patients, Medicare funds collected by the department from patients’ Medicare benefits and funds collected by the department from its veteran facilities shall be considered as patient fees.  The department is authorized to expend these funds for departmental operations, for capital improvements and debt service under the provisions of Act 1276 of 1970, and for the cost of patients’ Medicare Part B premiums.  The department shall remit $290,963 to the General Fund, $400,000 to the Continuum of Care, $50,000 to the Alliance for the Mentally Ill, and $250,000 to S.C. Share Self Help Association Regarding Emotions.
     35.2.      (DMH: Patient Fee Account)   In addition to other payments provided in Part I of this act, the Department of Mental Health is hereby authorized during the current fiscal year, to provide the funds budgeted herein for $6,214,911 for departmental operations, $400,000 for the Continuum of Care, $50,000 for the Alliance for the Mentally Ill, $250,000 for S.C. SHARE Self Help Association Regarding Emotions, and all fees collected at the Campbell Nursing Home and other veterans facilities for day-to-day operations, from the Patient Fee Account which has been previously designated for capital improvements and debt service under provisions of Act 1276 of 1970.  The Department of Mental Health is authorized to fund the cost of Medicare Part B premiums from its Patient Fee Account up to $150,000.  The South Carolina Alliance for the Mentally Ill and the South Carolina Self-Help Association Regarding Emotions shall provide an itemized budget before the receipt of funds and quarterly financial statements to the Department of Mental Health.  DMH is authorized to use unobligated Patient Paying Fee Account funds for community transition programs.  The funds made available shall be utilized consistently with the Transition Leadership Council’s definition of severely mentally ill children and adults.  The department shall report their use of these funds to the Senate Finance Committee and the House Ways and Means Committee.  This amendment is made notwithstanding other obligations currently set forth in this proviso.
     35.3.      (DMH: Institution Generated Funds)  The Department of Mental Health is authorized to retain and expend institution generated funds which are budgeted.
     35.4.      (DMH: Practice Plan)  Employees of the department affiliated with the University of South Carolina School of Medicine, who hold faculty appointments in the School, may participate in the School’s Practice Plan provided that participation not take place during regular working hours.  Funds generated by such participants shall be handled in accordance with University policies governing Practice Plan funds.
     35.5.      (DMH: Huntington’s Disease)  Of funds appropriated, the Department of Mental Health shall designate $150,000 for administrative and personnel costs for Huntington’s Disease clinical services within the Department of Mental Health.
     35.6.      (DMH: Alzheimer’s Funding)  Of the funds appropriated to the Department of Mental Health for Community Mental Health Centers, $778,706 must be used for contractual services to provide respite care and diagnostic services to those who qualify as determined by the Alzheimer’s Disease and Related Disorders Association.  The department must maximize, to the extent feasible, federal matching dollars.  On or before September thirtieth of each year, the Alzheimer’s Disease and Related Disorders Association must submit to the department, Governor, Senate Finance Committee, and House Ways and Means Committee an annual financial statement and outcomes measures attained for the fiscal year just ended.  These funds may not be expended or transferred during the current fiscal year until the required reports have been received by the department, Governor, Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee.  In addition, when instructed by the Budget and Control Board or the General Assembly to reduce funds by a certain percentage, the department may not reduce the funds transferred to the Alzheimer’s Disease and Related Disorders Association greater than such stipulated percentage.
     35.7.      (DMH: Crisis Stabilization)  During the current fiscal year, the Department of Mental Health must expend for crisis stabilization programs not less than $2 million.  Funds expended by the department for the crisis stabilization program must be used to implement and maintain a crisis stabilization program, or to provide access to a crisis stabilization program through the purchase of local psychiatric beds, in each community mental health center catchment area.  As used in this proviso, "crisis stabilization program" means a community-based psychiatric program providing short-term, intensive, mental health treatment in a non-hospital setting for persons who are experiencing a psychiatric crisis and who are either unable to safely function in their daily lives or are a potential threat to themselves or the community, with treatment available twenty-four hours a day, seven days a week.  The department must submit a quarterly report, not later than thirty days after the end of each calendar quarter, to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee, identifying the crisis stabilization program in each community mental health center catchment area, the number of persons served, and the expenditures for the crisis stabilization program for the reporting period.  The quarterly report must also include information on the number of persons and the duration of stay for persons who are held in hospital emergency rooms when the crisis stabilization program is unable to serve the person.
     35.8.      (DMH: McCormick Satellite Clinic)  The $750,000 appropriated by Proviso 73.17 of Act 397 of 2006 for the Williams Building Cooperative Ministries Homeless Shelter Renovation & Operation shall be redirected as follows:  $250,000 shall be used for a satellite community mental health clinic in McCormick County.  Unexpended funds may be carried forward into the current fiscal year to be expended for the same purpose. The City of Columbia must provide documentation annually on expenditures related to the $500,000 transferred to the city by Proviso 10.16 of Act 117 of 2007 to benefit other homeless programs until all funds are expended.
     35.9.      (DMH: Crisis Intervention Training)  Of the funds appropriated to the department, $85,500 $170,500 shall be utilized for the National Alliance on Mental Illness (NAMI) SC for Crisis Intervention Training (CIT).
     35.10.      (DMH: Uncompensated Patient Medical Care)  There is created an Uncompensated Patient Care Fund to be used by the department for medical costs incurred for patients that must be transferred to a private hospital for services.  These funds may be carried forward from the prior fiscal year into the current fiscal year to be used for the same purpose.
     35.11.      (DMH: Meals in Emergency Operations)  The cost of meals may be provided to state employees who are required to work during actual emergencies and emergency simulation exercises when they are not permitted to leave their stations.
     35.12.      (DMH: Medicaid Beneficiary Choice)  For Medicaid covered community based paraprofessional rehabilitative behavioral health services for which the Department of Mental Health provides state identified matching funds, the department must allow a Medicaid beneficiary to receive medically necessary community based paraprofessional rehabilitative behavioral health services from any qualified Medicaid provider enrolled by the Department of Health and Human Services as of July 1, 2011.
     35.13.      (DMH: Sexually Violent Predator Program)  The Department of Mental Health and the Department of Corrections shall prepare a report evaluating the feasibility and desirability of transferring the Sexually Violent Predator Program to the Department of Corrections.  This report must include population and cost projections for the next five years, and must also explore and make recommendations regarding opportunities to further expand the private sector’s role in operating this program.  An update on the status of this report shall be provided to the Chairman of the Senate Finance Committee, the Chairman of the Senate Medical Affairs Committee, the Chairman of the Senate Corrections and Penology Committee, the Chairman of the House Ways and Means Committee, the Chairman of the House Judiciary Committee, and the Chairman of the Medical, Military, Public, and Municipal Affairs Committee by January 8, 2013 and the final report shall be provided by May 1, 2013.
     35.14.      (DMH: Deferred Maintenance, Capital Projects, Ordinary Repair and Maintenance)  The Department of Mental Health is authorized to establish an interest bearing fund with the State Treasurer to deposit funds appropriated for deferred maintenance and other one-time funds from any source.  After receiving any required approvals, the department is authorized to expend these funds for the purpose of deferred maintenance, capital projects, and ordinary repair and maintenance.  These funds may be carried forward from the prior fiscal year into the current fiscal year to be used for the same purpose.
     35.15.      (DMH: Psychiatric Day Program)  Of the funds appropriated to the department, $250,000 shall be utilized for Gateway House for general operating expenses associated with a psychiatric day program for males and females with serious mental illness.

SECTION 36 - J16-DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS

     36.1.      (DDSN: Work Activity Programs)  All revenues derived from production contracts earned by mentally retarded trainees in Work Activity Programs be retained by the South Carolina Department of Disabilities and Special Needs and carried forward as necessary into the following fiscal year to be used for other operating expenses and/or permanent improvements of these Work Activity Programs.
     36.2.      (DDSN: Sale of Excess Real Property)  The department is authorized to retain revenues associated with the sale of excess real property owned by, under the control of, or assigned to the department and may expend these funds as grants to purchase or build community residences and day program facilities for the individuals DDSN serves.  The department shall follow all the policies and procedures of the Budget and Control Board and the Joint Bond Review Committee.
     36.3.      (DDSN: Prenatal Diagnosis)  Revenues not to exceed $126,000 from client fees, credited to the debt service fund and not required to meet the department’s debt service requirement, may be expended only in the current fiscal year to promote expanded prenatal diagnosis of mental retardation and related defects by the Greenwood Genetic Center.
     36.4.      (DDSN: Medicaid Funded Contract Settlements)  The department is authorized to carry forward and retain settlements under Medicaid-funded contracts.
     36.5.      (DDSN: Departmental Generated Revenue)  The department is authorized to continue to expend departmental generated revenues that are authorized in the budget.
     36.6.      (DDSN: Transfer of Capital/Property)  The department may transfer capital to include property and buildings to local DSN providers with Budget and Control Board approval.
     36.7.      (DDSN: Unlicensed Medication Providers)  The provision of selected prescribed medications may be performed by selected unlicensed persons in community-based programs sponsored, licensed or certified by the South Carolina Department of Disabilities and Special Needs, provided such selected unlicensed persons have documented medication training and skill competency evaluation.  Licensed nurses may train and supervise selected unlicensed persons to provide medications and, after reviewing competency evaluations, may approve selected unlicensed persons for the provision of medications.  The provision of medications by selected unlicensed persons is limited to oral and topical medications and to regularly scheduled insulin and prescribed anaphylactic treatments under established medical protocol and does not include sliding scale insulin or other injectable medications.  The selected unlicensed persons shall be protected against tort liability provided their actions are within the scope of their job duties and the established medical protocol.
     The Department of Disabilities and Special Needs shall establish curriculum and standards for training and oversight.
     This provision shall not apply to a facility licensed as a habilitation center for the mentally retarded or persons with related conditions.
     36.8.      (DDSN: Pervasive Developmental Disorder)  The Department of Disabilities and Special Needs, as the agency authorized to treat autistic disorder, is designated for a Medicaid project to treat children who have been diagnosed by eight years of age with a pervasive developmental disorder.  The project must target the youngest ages feasible for treatment effectiveness, treatment for each individual child shall not exceed three years without a special exception as defined in the waiver, and reimbursement for each individual participant may not exceed $50,000 per year.  The Department of Disabilities and Special Needs and the Department of Health and Human Services will determine the areas of the State with the greatest need and availability of providers.  Children participating in the project will be selected based upon an application system developed in compliance with the Medicaid waiver.  Treatment will be provided as authorized and prescribed by the department according to the degree of the developmental disability.  In authorizing and prescribing treatment the department may award grants or negotiate and contract with public or private entities to implement intervention programs, which must comply with Medicaid reimbursement methodologies, for children who have been diagnosed with a pervasive developmental disorder.  "Pervasive developmental disorder" means a neurological condition, including autistic disorder and Asperger’s syndrome, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.  The department shall report semi-annually to the General Assembly and the Governor on the developmental progress of the children participating in the project and the fiscal status of the project, to include expenditure data and appropriation balances.  This provision does not establish or authorize creation of an entitlement program or benefit.
     36.9.      (DDSN: Modular Ramps)  The Department of Disabilities and Special Needs is authorized to lease modular ramps in the event the department can foresee demonstrated cost-savings to the department.
     36.10.      (DDSN: Child Daycare Centers)  Of the funds appropriated to the department, the department shall provide reimbursement for services provided to department eligible children at daycare centers previously under contract prior to December 31, 2008.  The reimbursement shall not be less than eighty percent of the amount reimbursed in the previous fiscal year.  By September 15, the department must transfer $100,000 to the Anderson County Disabilities Board for the provision of these services.
     36.11.      (DDSN: Debt Service Account)  The department shall utilize the uncommitted dollars in their debt service account, account E164660, for operations and services that are not funded in the appropriations bill.
     36.12.      (DDSN: Traumatic Brain Injury)  Funds appropriated by to the agency for Traumatic Brain Injury/Spinal Cord Injury Post-Acute Rehabilitation shall be used for that purpose only.  In the event the department receives a general fund reduction in the current fiscal year, any funding reductions to the post-acute rehabilitation funding must be in equal proportion to and shall not exceed reductions in proportion to other the agency services as a whole.
     36.13.      (DDSN: Greenwood Genetic Center Autism Research)  The department is authorized to transfer up to $500,000 of unencumbered funds from the PDD autism waiver to the Greenwood Genetic Center for autism research.

SECTION 37 - J20-DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES

     37.1.      (DAODAS: Training & Conference Revenue)  The department may charge fees for training events and conferences.  The revenues from such events shall be retained by the department to increase education and professional development initiatives.
     37.2.      (DAODAS: Gambling Addiction Services)  In that gambling is a serious problem in South Carolina, the department through its local county commissions may provide, from funds appropriated to the
department, information, education, and referral services to persons experiencing gambling addictions.
     37.3.      (DAODAS: Eligibility for Treatment Services)  Upon the payment of all applicable fees, any resident of South Carolina is eligible to take part in the treatment programs offered by the Department of Alcohol and Other Drug Abuse Services during the current fiscal year.
     37.4.      (DAODAS: Medicaid Match Transfer)  At the beginning of the fiscal year, the Department of Alcohol and Other Drug Abuse Services will transfer $1,915,902 to the Department of Health and Human Services to meet federal Medicaid Match participation requirements for the delivery of alcohol and other drug abuse services to the Medicaid beneficiary population.
     37.5.      (DAODAS: Health Information Technology)  The Department of Alcohol and Other Drug Abuse Services shall work with Department of Health and Human Services and each county's designated alcohol and drug abuse authorities to pursue funding to aid in purchasing the appropriate Certification Commission for Health Information Technology (CCHIT) behavioral health Electronic Health Records (EHR) system for the authorities.  The new system shall streamline the 301 system and shall contain CCHIT certified programming that will have the capability of interoperability with other state agencies such as the Department of Health and Human Services and Federally Qualified Health Centers.  The Department of Alcohol and Other Drug Abuse Services and the Department of Health and Human Services shall work together to determine if additional funding may be available to assist in offsetting the costs associated with the new system implementation through the Medicare and Medicaid EHR Incentive Program or any other grant programs.
     37.6.      (DAODAS: Fire Safety and Suppression Equipment)  DELETED

SECTION 38 - L04-DEPARTMENT OF SOCIAL SERVICES

     38.1.      (DSS: Fee Retention)  The Department of Social Services shall recoup all refunds and identified program overpayments and all such overpayments shall be recouped in accordance with established collection policy.  Funds of $800,000 collected under the Child Support Enforcement Program (Title IV-D) which are state funds shall be remitted to the State Treasurer and credited to the General Fund of the State.  All state funds above $800,000 shall be retained by the department to fund Self-Sufficiency and Family Preservation and Support initiatives.
     38.2.      (DSS: Recovered State Funds)  The department shall withhold a portion of the State Funds recovered, under the Title IV-D Program, for credit to the general fund in order to allow full participation in the federal "set off" program offered through the Internal Revenue Service, the withholding of unemployment insurance benefits through the Department of Employment and Workforce and reimbursement for expenditures related to blood testing.  Such funds may not be expended for any other purpose.  The Department of Social Services shall be allowed to utilize the State share of Federally required fees, collected from non-TANF clients, in the administration of the Child Support Enforcement Program.  Such funds may not be expended for any other purpose.  However, this shall not include Child Support Enforcement Program incentives paid to the program from federal funds to encourage and reward cost effective performance.  Such incentives are to be reinvested in the program to increase collections of support at the state and county levels in a manner consistent with federal laws and regulations governing such incentive payments.  The department shall not use clerk of court incentive funds to replace agency operating funds.  Such funds shall be remitted to the appropriate state governmental entity to further child support collection efforts.
     38.3.      (DSS: Foster Children Burial)  The expenditure of funds allocated for burials of foster children shall not exceed one thousand five hundred dollars per burial.
     38.4.      (DSS: Battered Spouse Funds)  Appropriations included in Subprogram II.K entitled Battered Spouse shall be allocated through contractual agreement to providers of this service.  These appropriations may also be used for public awareness and contracted services for victims of this social problem including the abused and children accompanying the abused.  Such funds may not be expended for any other purpose nor be reduced by any amount greater than that stipulated by the Budget and Control Board or the General Assembly for the agency as a whole.
     38.5.      (DSS: Court Examiner Service Exemption)  In order to prevent the loss of federal funds to the State, employees of the Department of Social Services whose salaries are paid in full or in part from federal funds will be exempt from serving as court examiners.
     38.6.      (DSS: TANF Advance Funds)  The Department of Social Services is authorized to advance sufficient funds during each fiscal year from the Temporary Assistance for Needy Families Assistance Payments general fund appropriations to the Temporary Assistance for Needy Families Assistance Payments federal account only for the purpose of allowing a sufficient cash flow in the federal account.  The advance must be refunded no later than April of the same fiscal year.  Upon the advance of funds as provided herein, the Comptroller General is authorized to process the July voucher for the funding of benefit checks.
     38.7.      (DSS: Fee Schedule)  The Department of Social Services shall be allowed to charge fees and accept donations, grants, and bequests for social services provided under their direct responsibility on the basis of a fee schedule.  The fees collected shall be utilized by the Department of Social Services to further develop and administer these program efforts.  The below fee schedule is established for the current fiscal year.
     Day Care
           Family Child Care Homes (up to six children)      $        15
           Group Child Care Homes (7-12 children)      $        30
           Registered Church Child Care (13+)      $        50
           Licensed Child Care Centers (13-49)      $        50
           Licensed Child Care Centers (50-99)      $        75
           Licensed Child Care Centers (100-199)      $      100
           Licensed Child Care Centers (200+)      $      125
     Central Registry Checks
           Non-profit Entities      $          8
           For-profit Agencies      $        25
           State Agencies      $          8
           Schools      $          8
           Day Care      $          8
           Other – Volunteer Organizations      $          8
     Other Children’s Services
           Services Related to Adoption of Children from
           Other Countries      $      225
           Court-ordered Home Studies in non-DSS Custody Cases      $      850
           Licensing Residential Group Homes Fee for an
           Initial License      $      250
             For Renewal      $        75
           Licensing Child Caring Institutions Fee for an
           Initial License      $      500
             For Renewal      $      100
           Licensing Child Placing Agencies Fee for an
           Initial License      $      500
             For Renewal      $        60
               For Each Private Foster Home Under the
               Supervision of a Child Placing Agency      $        15
     Responsible Father Registry
           Registry Search            $  50
     38.8.      (DSS: Food Stamp Fraud)  The state portion of funds recouped from the collection of recipient claims in the TANF and Food Stamp programs shall be retained by the department.  A portion of these funds shall be distributed to local county offices for emergency and program operations.
     38.9.      (DSS: TANF - Immunizations Certificates)  The department shall require all TANF applicants and/or recipients to provide proof of age appropriate immunizations for children.  If such immunizations have not been administered, the department shall assist in referring applicants to appropriate county health departments to obtain the immunizations.
     38.10.      (DSS: Fees for Court Witness in Child Welfare Services)  Effective July 1, 1994, any monies appropriated for the payment of court testimony in either abuse and neglect, termination of parental rights, or judicial review cases arising under Section 20-7-480, et. seq. of the South Carolina Code of Laws, 1976, as amended, and adult protective service cases under Section 43-35-10(9), et. seq. of the South Carolina Code of Laws, 1976, as amended, shall only be paid in accordance with DSS policy which shall include limits on awards and procedures for payment, in due consideration of the agency budgetary limitations and specific funds allocated for such purposes.  Provided further that DSS shall pay up to a maximum hourly rate to licensed psychologists, social workers, nurses, ministerial counseling, family and marriage counselors of $60 for counseling and $60 for expert witness fees, to include travel time and DSS shall pay up to a maximum hourly rate to physicians of $125 for expert witness fees, to include travel time.
     38.11.      (DSS: County Directors’ Pay)  With respect to the amounts allocated to the Department of Social Services for Employee Pay Increase in this act, the Department of Social Services is authorized to allot funds for pay increases to individual county directors and regional directors in classified positions without uniformity.  Pay increases for DSS county directors and regional directors shall be administered in accordance with the guidelines established by the Budget and Control Board for Executive Compensation System and other non-academic unclassified employees.  Any employees subject to the provisions of this paragraph shall not be eligible for any other compensation increases provided in this act.
     38.12.      (DSS: Use of Funds Authorization)  Department investigative units shall be authorized to receive and expend funds awarded to these units as a result of a donation, contribution, prize, grant, and/or court order.  These funds shall be retained by the department on behalf of the investigative units and deposited in a separate, special account and shall be carried forward from year to year and withdrawn and expended as needed to fulfill the purposes and conditions of the donation, contribution, prize, grant, and/or court order, if specified, and if not specified, as may be directed by the Director of the Department of Social Services.  These accounts shall not be used to supplant operating funds in the current or future budgets.  The agency shall report to the Senate Finance Committee and Ways and Means Committee by January 30 of the current fiscal year on the amount of funds received and how expended.
     38.13.      (DSS: Use of Funds Authorization)  Unless specifically directed by the General Assembly, when DSS is directed to provide funds to a not-for-profit or 501(c)(3) organization, that organization must use the funds to serve persons who are eligible for services in one or more DSS programs.
     38.14.      (DSS: Grant Authority)  The Department of Social Services is authorized to make grants to community-based not-for-profit organizations for local projects that further the objectives of DSS programs.  The department shall develop policies and procedures and may promulgate regulations to assure compliance with state and federal requirements associated with the funds used for the grants and to assure fairness and accountability in the award and administration of these grants.  The department shall require a match from all grant recipients.
     38.15.      (DSS: Family Foster Care Payments)  The Department of Social Services shall furnish as Family Foster Care payments for individual foster children under their sponsorship:
           ages            0      -      5            $332      per month
           ages            6      -      12      $359      per month
           ages            13      +            $425      per month
     These specified amounts are for the basic needs of the foster children.  Basic needs within this proviso are identified as food (at home and away), clothing, housing, transportation, education and other costs as defined in the U.S. Department of Agriculture study of "Annual Cost of Raising a Child to Age Eighteen".  Further, each agency shall identify and justify, as another line item, all material and/or services, in excess of those basic needs listed above, which were a direct result of a professional agency evaluation of clientele need.  Legitimate medical care in excess of Medicaid reimbursement or such care not recognized by Medicaid may be considered as special needs if approved by the sponsoring/responsible agency and shall be reimbursed by the sponsoring agency in the same manner of reimbursing other special needs of foster children.
     38.16.      (DSS: Penalty Assessment)  The Department of Social Services may impose monetary penalties against a person, facility, or other entity for violation of statutes or regulations pertaining to programs, other than foster home licensing, that the department regulates.  Penalties collected must be remitted to the State Treasurer for deposit into the State General Fund.  The department shall promulgate regulations for each program in which penalties may be imposed.  The regulations must include guidance on the decision to assess a penalty, the effect of failure to pay a penalty in a timely manner, and a schedule of penalty ranges that takes into account severity and frequency of violations.  These regulations must provide for notice of the penalty and the right to a contested case hearing before a designee of or panel appointed by the director of the department.  Judicial review of the final agency decision concerning a penalty must be in accordance with statutes or regulations that apply to judicial review of final revocation and denial decisions in that particular program.  The department, in accordance with regulations promulgated pursuant to this provision, shall have discretion in determining the appropriateness of assessing a monetary penalty against a person or facility and the amount of the penalty.  The authority to assess monetary penalties shall be in addition to other statutory provisions authorizing the department to seek injunctive relief or to deny, revoke, suspend, or otherwise restrict or limit a license or other types of operating or practice registrations, approvals, or certificates.
     38.17.      (DSS: Child Support Enforcement Automated System Carry Forward)  The department shall be authorized to retain and carry forward any unexpended funds appropriated for the Child Support Enforcement automated system and related penalties.
     38.18.      (DSS: Child Support Enforcement System)  From the funds appropriated in Part IA, Section 38(F), the Department of Social Services shall prepare a detailed report on the status of the Child Support Enforcement System.  The report shall include, but not be limited to, actions currently being undertaken to become compliant with federal government requirements; the cost required to meet minimum federal guidelines; total funds spent so far on the system; the amount of fines assessed by the federal government associated with non-compliance; how much has been spent to satisfy actions taken by the state judicial system; and how much has been spent related to actions taken by any other entity which may have altered the amount required for meeting minimum federal guidelines.  The report shall be submitted to the General Assembly by August thirty-first of the current fiscal year.
     38.19.      (DSS: Child Care Voucher)  State funds allocated to the Department of Social Services and used for child care vouchers must be used to enroll eligible recipients within provider settings exceeding the state’s minimum child care licensing standards.  The department may waive this requirement on a case by case basis.
     38.20.      (DSS: Abstinence Until Marriage Teen Pregnancy Prevention Funding)  (A) From the monies appropriated for the Continuation of Teen Pregnancy Prevention, the department must award two contracts must be awarded to separate private, non-profit 501(c)(3) entities to provide Abstinence Until Marriage teen pregnancy prevention programs and services within the State.
     (B)      Contracts must be awarded utilizing a competitive approach in accordance with the South Carolina Procurement Code.
     (C)      The monies appropriated must be divided equally between the contracts and will be half the amount allocated for the Continuation of Teen Pregnancy Prevention with the other half appropriated under proviso 38.25 (Comprehensive Teen Pregnancy Prevention Funding).  Monies will be paid over a twelve month basis for services rendered.  Unexpended funds shall be carried forward for the purpose of fulfilling the department’s contractual agreement.
     (D)      Entities that have a proven and public history of having effectively implemented abstinence programs in this State may be given a preference during the contract evaluation and awarding process.  For the purposes of this proviso, a program is "effectively implemented" if the program has published positive behavioral outcomes by an independent and nationally recognized private or government agency demonstrating that a year after the program, program participants initiated sex at a rate of at least thirty percent lower than comparable non-program students.
     (E)(1)      One contract must be awarded to an entity that utilizes an abstinence first, age appropriate comprehensive approach to health and sexuality education with a goal of preventing adolescent pregnancy throughout South Carolina.
           (2)(a)      One contract must be awarded to an entity that uses a National Abstinence Clearinghouse (NAC) approved curricula for a minimum of one year prior to their application.  NAC is the agency the federal Department of Health and Human Services has chosen to provide a comprehensive, national list of approved abstinence-only education curricula that is Abstinence until marriage contracts must be awarded to programs that are consistent with the A through H legislative requirements defined in Title V, Section 510(b)(2) and are evidence-based and medically accurate.  Any entity that is awarded one of the above contracts must agree to provide data to verify the program effectiveness.  A five-member committee shall oversee the contract award process.  The committee's first meeting shall be on or before August 1, 2013.  The committee shall be composed as follows:  the President Pro Tempore of the Senate shall appoint two members, the Speaker of the House of Representatives shall appoint two members, and the Governor shall appoint one member.
                 (b)      The contract awarded pursuant to this item must be awarded to entities that utilize a program or evaluation process approved by, and under the supervision of, a federally approved Institutional Review Board (IRB) and have been evaluated and approved for medical accuracy by the United States Health and Human Services’ Office of Adolescent Health or the Office of Adolescent Pregnancy Prevention.  Contracts may also be awarded to entities that do not meet these requirements on the date of the award but the entity must meet the requirements by the end of the fiscal year or the entity must forfeit the final quarterly payment.
                 (c)      Prior to receiving funding the entities awarded the contracts pursuant to this item must verify that the program they implement meets the Cooperative Agreement with the Centers for Disease Control Division of Adolescent School Health (CDC DASH) approved SMARTool (Systematic Method for Assessing Risk-avoidance Tool) minimum standard for abstinence curriculum evaluation or the Cooperate Agreement with the Centers for Disease Control Division of Reproductive Health Tool to Assess the Characteristics of Effective Sex and STD/HIV Education Programs.
     (F)      The programs Programs implemented by the entities awarded contracts pursuant to this proviso may not violate any portion of must be compliant with the South Carolina Comprehensive Health Education Act when implemented in a school setting.  An entity that violates any portion of the South Carolina Comprehensive Health Education Act must reimburse the State for all funds disbursed.
     38.21.      (DSS: Meals in Emergency Operations)  The cost of meals may be provided to state employees who are not permitted to leave their stations and are required to work during actual emergencies, emergency situation exercises, and when the Governor declares a state of emergency.
     38.22.      (DSS: Day Care Facilities Supervision Ratios)  For Fiscal Year 2012-13 the current fiscal year, staff-child ratios contained in Regulations 114-504(B), 114-504(C), 114-524(B), and 114-524(C) shall remain at the June 24, 2008 levels.
     38.23.      (DSS: Analysis of Referrals)  The Director of the department, in collaboration with the Superintendent of the John de la Howe School, shall conduct an analysis of the process for referrals to the School in order to maximize the potential for the provision of services by the School.  The department shall prepare a report on the referral process and the report shall also include a three year history of all referrals/placements made by the department by facility type and level of care.  The report shall be submitted to the Governor, Chairman of the Senate Finance Committee and the Chairman of the House Ways & Means Committee no later than December 1, 2012.
     38.24.      (DSS: Foster Care Goals)  To comply with the requirements of 42 U.S.C. Section 671(a)(14) and 45 C.F.R. Section 1356.21(n), it shall be the goal of the state that the maximum number of Title IV-E funded children who will remain in foster care for more than twenty-four months will not exceed a total of 2,617 during the fiscal year.  The Department of Social Services shall develop appropriate plans for timely permanency and use appropriate data benchmarks and targets that will achieve this goal.
     38.25.      (DSS: Comprehensive Teen Pregnancy Prevention Funding)  (A)  From the monies appropriated for the Continuation of Teen Pregnancy Prevention, the department must award half of the dollars allocated to a non-profit 501(c)(3) entity to provide abstinence first, age appropriate comprehensive approach to health and sexuality education with a goal of preventing adolescent pregnancy throughout South Carolina.
     (B)      Contracts must be awarded utilizing a competitive approach in accordance with the South Carolina Procurement Code.
     (C)      The monies appropriated must be paid over a twelve month basis for services rendered.  Unexpended funds shall be carried forward for the purpose of fulfilling the department’s contractual agreement.
     (D)      The programs implemented by the entity awarded a contract pursuant to this proviso may not violate any portion of the South Carolina Comprehensive Health Education Act when implemented in a school setting.  An entity that violates any portion of the South Carolina Comprehensive Health Education Act must reimburse the State for all funds disbursed.
     38.26.      (DSS: SNAP Coupons)  The Department of Social Services shall establish a program to provide coupons that will allow Supplemental Nutrition Assistance Program (SNAP) recipients to obtain additional fresh fruits and vegetables when purchasing fresh produce at grocery stores or farmers markets with SNAP benefits through their EBT cards.   Each coupon shall allow the beneficiary to double the amount of produce purchased, up to five dollars.  The agency shall utilize all funds received in the prior and current fiscal years from the U.S. Department of Agriculture as a bonus for reducing the error rate in processing SNAP applications to fund the program.

SECTION 39 - L24-COMMISSION FOR THE BLIND

     39.1.      (BLIND: Matching Federal Funds)  For the current fiscal year the amount appropriated in this section under Program II for Rehabilitative Services is conditioned upon matching by federal funds to the maximum amount available under the Federal Vocational Rehabilitation Program.

SECTION 42 - L32-HOUSING FINANCE AND DEVELOPMENT AUTHORITY

     42.1.      (HFDA: Federal Rental Assistance Administrative Fee Carry Forward)  All federal rental assistance administrative fees shall be carried forward to the current fiscal year for use by the authority in the administration of the federal programs under contract with the authority.
     42.2.      (HFDA: Program Expenses Carry Forward)  For the prior fiscal year monies withdrawn from the authority’s various bond-financed trust indentures and resolutions, which monies are deposited with the State Treasurer to pay program expenses, may be carried forward by the authority into the current fiscal year.
     42.3.      (HFDA: Advisory Committee Mileage Reimbursement)  Members of the nine member South Carolina Housing Trust Fund Advisory Committee are eligible for mileage reimbursement at the rate allowed for state employees as established in Proviso 117.21(J) (Travel-Subsistence Expenses & Mileage) in this act.
     42.4.      (HFDA: Allocation of Indirect Cost Recoveries)  The authority shall deposit in the state general fund indirect cost recoveries for the authority’s portion of the Statewide Central Services Cost Allocation Plan (SWCAP).  The authority shall retain recoveries in excess of the SWCAP amount to be deposited in the state general fund.

SECTION 43 - P12-FORESTRY COMMISSION

     43.1.      (FC: Grant Funds Carry Forward)  The Forestry Commission is authorized to use unexpended federal grant funds in the current year to pay for expenditures incurred in the prior year.
     43.2.      (FC: Retention of Emergency Expenditure Refunds)  The Forestry Commission is authorized to retain all funds received as reimbursement of expenditures from other state or federal agencies when personnel and equipment are mobilized due to an emergency.
     43.3.      (FC: Commissioned Officers’ Physicals)  The Forestry Commission is authorized to pay the cost of physical examinations for agency personnel who are required to receive such physical examinations prior to receiving a law enforcement commission.
     43.4.      (FC: Compensatory Payment)  In the event a State of Emergency is declared by the Governor, exempt employees of the Forestry Commission may be paid for actual hours worked in lieu of accruing compensatory time, at the discretion of the agency director, and providing funds are available.

SECTION 44 - P16-DEPARTMENT OF AGRICULTURE

     44.1.      (AGRI: Market Bulletin)  The Market Bulletin shall be mailed only to those persons who request it in writing and a record of each request shall be maintained by the department.  Provided further, that the Department of Agriculture is authorized to charge a yearly subscription rate of $10.00 fee to each person requesting the bulletin and may charge up to $5.00 per for classified advertisement advertisements printed in the bulletin.  The funds collected pursuant to this provision shall be retained by the department to defray the costs of publication and related incidental expenses.
     44.2.      (AGRI: Fruit/Vegetable Inspectors Subsistence)  A daily subsistence allowance of up to $30.00 may be allowed for temporarily employed fruits and vegetables inspectors from funds generated by fruits and vegetables inspection fees and budgeted under other funds in Program IV Marketing Services, D. Inspection Services, in lieu of reimbursements for meals and lodging expense.
     44.3.      (AGRI: Warehouse Receipts Guaranty Fund)  The Department of Agriculture may retain and expend fifty thousand dollars from the Warehouse Receipts Guaranty Fund established by Section 39-22-150 of the 1976 Code as is necessary for the department to administer the funding of the program.
     44.4.      (AGRI: Weights & Measures Registration)  All servicepersons required to be registered with the Department of Agriculture pursuant to the provisions of Section 39-9-65 of the 1976 Code shall pay to the department a registration fee of $25.00.  Revenues generated by this provision shall be for use by the Department of Agriculture to offset expenses incurred in administering this registration program.
     44.5.      (AGRI: Sale of Property Revenue)  The department may retain revenues associated with the sale of the property titled to or utilized by the department, except for the State Farmers Market property, and must expend these funds on capital improvements approved by the Joint Bond Review Committee and the Budget and Control Board.  The department must continue to occupy any property until replacement capital improvements are completed.
     44.6.      (AGRI: Farmers Market Revenue)  The revenues associated with the sale of the State Farmers Market shall be deposited into a separate restricted special account under the authority of the Budget and Control Board.  These funds and accrued interest may only be expended for relocating and reestablishing the State Farmers Market after approval by the Joint Bond Review Committee and the Budget and Control Board.
     44.7.      (AGRI: Export Certification)  The Department of Agriculture is allowed to charge up to $250 for each export certification of agricultural products and to retain revenues to offset expenses incurred in performing certifications.
     44.8.      (AGRI: Feed Label Registration)  The Department of Agriculture is authorized to require the annual registration of feed labels by manufacturers and to charge a fee of $15.00 for such registrations.  Revenues generated by these fees shall be retained and used by the department to offset expenses incurred in operating the Feed Inspection Program.
     44.9.      (AGRI: Pesticide Disposal)  Of the funds appropriated to or authorized for the Department, up to $100,000 shall be used to continue the pesticide disposal program.
     44.10.      (AGRI: Farmers Market Purchase)  DELETED
     44.11.      (AGRI: Farmers Market Appraisal)  The department shall use any remaining funds from the appropriation received by Act 290 of 2012 for the Farmers Market Phase II Property Acquisition and Expansion and used for the state farmers market appraisal for costs related to the acquisition of additional properties by the State at the State Farmers Market.

SECTION 45 - P20-CLEMSON UNIVERSITY - PSA

     45.1.      (CU-PSA: Phytosanitary Certificates)  Revenues collected from the issuance of phytosanitary certificates shall be retained by the Division of Regulatory and Public Service for the purpose of carrying out phytosanitary inspections.
     45.2.      (CU-PSA: Witness Fee)  The Public Service Activities of Clemson University are hereby authorized to charge a witness fee of $100.00 per hour up to $400.00 per day for each employee testifying as an expert witness in civil matters which do not involve the State as a party in interest.  This fee shall be charged in addition to any court prescribed payment due as compensation or reimbursement for judicial appearances and deposited into a designated revenue account.
     45.3.      (CU-PSA: Nursery/Nursery Dealer Registration Fee)  The Division of Regulatory and Public Service Programs is authorized to retain up to $92,000 of revenue collected from the issuance of Nursery/Nursery Dealer Fees for the purpose of carrying out nursery/nursery dealer inspections.  Revenue collected from this fee above $92,000 shall be deposited into the general fund.
     45.4.      (CU-PSA: Retention of Fees)  All revenues collected from the regulatory programs of agrichemical, plant industry and crop protection including:  fertilizer, lime, and soil amendments registration fees; pesticide licensing fees; seed certification fees; and fertilizer tax/inspection fees must be retained by Clemson University PSA regulatory programs.
     45.5.      (CU-PSA: Pesticide Registration)  All revenues collected from pesticide registration fees and revenue collected from structural pest control businesses for business licensing must be retained by Clemson University PSA Regulatory and Public Service Programs to support general regulatory, enforcement, and education programs and to carry out provisions of the South Carolina Pesticide Control Act and regulations related to it.
     45.6.      (CU-PSA: Fertilizer Inspection Fee)  For the current fiscal year Clemson Public Service Activities is authorized to charge an inspection fee of $1.50 per ton of commercial fertilizer sold or distributed in this state.  Clemson University-PSA may retain, expend, and carry forward these funds to maintain its programs.
     45.7.      (CU-PSA: Lime Inspection Fee)  The Public Service Activities of Clemson University are hereby authorized to charge an inspection fee of $0.50 per ton on Agricultural Liming Materials sold or distributed in this state.  Clemson University-PSA may retain, expend, and carry forward these funds to maintain its programs.
     45.8.      (CU-PSA: Meat Inspection Program Livestock-Poultry Health Programs)  For the current fiscal year Clemson University Public Service Activities shall maintain operation of the state Meat Inspection Program.  All revenues and recoveries from USDA Food Safety Inspection Services and from USDA Animal and Plant Health Inspection Services for Clemson University PSA’s Meat and Poultry Inspection Department Livestock-Poultry Health Programs and its departments shall be retained by Clemson University-PSA’s Livestock-Poultry Health Program for purposes of carrying out the operation of that program its programs.
     45.9.      (CU-PSA: Boll Weevil Eradication)  For the current fiscal year Clemson University Public Services Activities shall maintain operation of the Boll Weevil Eradication Program.  In the calculation of any across-the-board budget reduction mandated by the Budget and Control Board or the General Assembly, the amount appropriated for the Boll Weevil Eradication Program shall be excluded from Clemson PSA’s base budget.  In the event of such a reduction Clemson PSA may reduce the amount of funds appropriated for this program by an amount not to exceed the percentage associated with the mandated reduction.
     45.10.      (CU-PSA: Landplaster Inspection Fee)  For the purpose of regulating its use as applied to land for crop production, landplaster (gypsum), shall be defined as a product consisting chiefly of calcium sulfate with two combined water (CaSO4 2H2O) and is incapable of neutralizing soil acidity.  It shall contain not less than seventy percent (70%) CaSO4 2H2O.  All registrants of landplaster who sell or distribute in this state that previously were required to pay an inspection fee of $1.50 per ton shall now pay to Clemson University Regulatory Services an inspection fee of fifty cents for each ton sold.  Clemson University-PSA may retain, expend, and carry forward these funds from the prior fiscal year into the current fiscal year to maintain its programs.
     45.11.      (CU-PSA: Broadcasting Wheat)  DELETED

SECTION 47 - P24-DEPARTMENT OF NATURAL RESOURCES

     47.1.      (DNR: Publications Revenue)  For the current fiscal year all revenue generated from the sale of the "South Carolina Wildlife" magazine, its by-products and other publications, shall be retained by the department and used to support the production of same in order for the magazine to be self-sustaining.  In addition, the department is authorized to sell advertising in the magazine and to increase the magazine’s subscription rate, if necessary, to be self-sustaining.  No general funds may be used for the operation and support of the "South Carolina Wildlife" magazine.
     47.2.      (DNR: Casual Sales Tax Collection)  The Department of Natural Resources shall continue to collect the casual sales tax as contained in the contractual agreement between the Department of Revenue and the Department of Natural Resources and the State Treasurer is authorized to reimburse the department on a quarterly basis for the actual cost of collecting the casual sales tax and such reimbursement shall be paid from revenues generated by the casual sales tax.
     47.3.      (DNR: Proportionate Funding)  Each of South Carolina’s forty-six soil and water conservation districts shall receive a proportionate share of funding set aside for Aid to Conservation Districts at $13,674 per district for general assistance to the district’s program.  Available funding above $13,674 for each district will be apportioned by the Department of Natural Resources based upon local needs and priorities as determined by the board.  During the fiscal year, the districts’ funding may only be reduced in an amount not to exceed the percentage of each agency budget reduction.  No district shall receive any funds under this provision unless the county or counties wherein the district is located shall have appropriated no less than three hundred dollars to the district from county funds for the same purposes.
     47.4.      (DNR: Carry Forward - Contract for Goods & Services)  If any funds accumulated by the Department of Natural Resources Geology Program, under contract for the provision of goods and services not covered by the department’s appropriated funds, are not expended during the preceding fiscal years, such funds may be carried forward and expended for the costs associated with the provision of such goods and services.
     47.5.      (DNR: Revenue Carry Forward)  The department may collect, expend, and carry forward revenues derived from the sale of goods and services in order to support aerial photography, map services, climatology data, and geological services.  The department shall annually report to the Senate Finance and Ways and Means Committees the amount of revenue generated from the sale of these goods and services.
     47.6.      (DNR: Clothing Allowance)  The Department of Natural Resources is hereby authorized to provide Natural Resource Enforcement Officers on special assignment with an annual clothing allowance (on a prorata basis) not to exceed $600 per officer for required clothing used in the line of duty.
     47.7.      (DNR: Commissioned Officers’ Physicals)  The department is authorized to pay for the cost of physical examinations for department personnel who are required to receive such physical examinations prior to receiving a law enforcement commission.
     47.8.      (DNR: Cormorant Control)  The Department of Natural Resources is directed, through the use of existing funds, to develop regulations in conjunction with the US Fish and Wildlife Service to allow public participation in Cormorant control activities on Lake Marion and Lake Moultrie providing that impacts are positive to the fisheries and vegetation.

SECTION 48 - P26-SEA GRANT CONSORTIUM

     48.1.      (SGC: Publications Revenue)  Funds generated by the sale of pamphlets, books, and other promotional materials, the production of which has been paid for by non-state funding, may be deposited in a special account by the consortium and utilized as other funds for the purchase of additional pamphlets, books, and other promotional materials for distribution to the public.

SECTION 49 - P28-DEPARTMENT OF PARKS, RECREATION AND TOURISM

     49.1.      (PRT: Tourism and Promotion)  The funds appropriated in this Act for Regional Promotions shall be distributed equally to the eleven Regional Tourism groups, except that the Grandstrand Tourism Region’s funds shall be divided, with $50,000 distributed to the Myrtle Beach Chamber of Commerce, $105,000 $115,000 distributed to the Georgetown Chamber of Commerce, $20,000 distributed to the City of Georgetown, and $20,000 distributed to the Williamsburg Chamber of Commerce for tourism related activities.  The Myrtle Beach Chamber of Commerce and the Georgetown Chamber of Commerce shall submit a report to the Senate Finance Committee and the House Ways and Means Committee by December first each year describing how these funds were expended in the prior fiscal year.
     49.2.      (PRT: Destination Specific Tourism Marketing)  The minimum grant awarded by the Destination Specific Tourism Program shall be $250,000.  Each state dollar must be matched with two dollars of private funds.  An organization receiving a state grant must certify that, as of the date of the application:  (i) the private funds are new dollars specifically designated for the purpose of matching state funds; (ii) the private funds have not been previously allocated or designated for tourism-related destination marketing; (iii) the organization has on hand or has an approved line of credit of not less than the amount of private funds needed to provide the required match.  Organizations applying for a grant must include in the grant application, information on how the organization proposes to measure the success of the marketing and public relations program, including the estimated return on investment to the state.  Promotional programs proposed by an applicant must be based on research-based outcomes.  Grants must be made only to organizations that have a proven record of success in creating and sustaining new and repeat visitation to its area and must have sufficient resources to create, plan, implement, and measure the marketing and promotional efforts undertaken as a part of the program.  The department must award a grant only to one qualified destination marketing organization within their tourism region where the organization’s private funds are raised.  An organization receiving a grant must use the public and private funds only for the purpose of destination specific marketing and public relations designed to target international and/or domestic travelers outside the state to destinations within the state.  All grants that qualify under the program must be funded if funds are available.  Funding of all qualified grants will be on a first come first served basis with such basis retained throughout the term of this proviso.  No organization shall receive in the first quarter more than fifty percent of the state dollars allocated to the program.  If by the end of the third quarter matching funds are still available with no other organizations meeting the criteria for funding, the funds will be distributed to the organization or organizations that have and can meet all of the requirements of this proviso.  Grant recipients shall provide an annual report by November first, to the Chairmen of the Senate Finance Committee and the House Ways and Means Committee and the director of the Department of Parks, Recreation and Tourism on the expenditure of the grants funds and on the proposed outcome measures.
     49.3.      (PRT: Advertising Funds Carry Forward)  The Department of Parks, Recreation and Tourism may carry forward any unexpended funds appropriated on the Advertising line within Program II. A. Tourism Sales and Marketing from the prior fiscal year into the current fiscal year to be used for the same purposes which include the Tourism Partnership Fund, Destination Specific Marketing Grants and the agency advertising fund.
     49.4.      (PRT: Regional Tourism)  In the event the department receives a general fund reduction in the current fiscal year, the department is prohibited from reducing the amount funded to the eleven Regional Tourism groups.
     49.5.      (PRT: Film Marketing)  From the funds authorized to the Department of Parks, Recreation and Tourism in Section 49, Part IA of this act for the South Carolina Film Commission, the department may use the film marketing funds for the following purposes:  (1) to allow for assistance with recruitment and infrastructure development of the film industry; (2) to develop a film crew base; (3) to develop ally support in the film industry; (4) marketing and special events; and (5) to allow for assistance with the auditing and legal service expenses associated with the Motion Picture Incentive Act.
     49.6.      (PRT: Motion Picture Administration Application Fee)  The Department of Parks, Recreation and Tourism may charge an application fee for the Motion Picture Incentive programs and may retain and expend these funds for the purposes of meeting administrative, data collection, credit analysis, cost-benefit analysis, reporting and auditing, and other statutory obligations.  A fee schedule must be established and approved by the Director of the Department of Parks, Recreation and Tourism.
     49.7.      (PRT: Gift Shops)  At the discretion of the Department of Parks, Recreation and Tourism, the State House Gift Shop may close on weekends.
     49.8.      (PRT: PARD Interest)  The department is hereby prohibited from utilizing the interest generated in the PARD program for anything other than the uses authorized by the law creating PARD.  Should the PARD account not reach the required amount of $920,000 to activate the minimum $20,000 per county distribution, the department shall carry forward the funding until such time as the funds are sufficient to distribute as originally intended.
     49.9.      (PRT: Destination Specific, Tourism and Marketing Transfer)  From the funds set aside pursuant to the Motion Picture Incentive Wage Rebate, for Fiscal Year 2012-13 2013-14 unexpended funds carried forward from the prior fiscal year shall be transferred from the Department of Revenue to the Department of Parks, Recreation and Tourism and may be utilized for the Destination Specific Tourism Program.  The Destination Specific program shall not exceed twelve million dollars when combining all source of funds.  Any unexpended wage rebate carry forward funds not used for the Destination Specific program can be used by the department for capital improvements to the state's Welcome Centers, for deferred maintenance and capital projects at state parks, and for Marketing/Advertising.  From the funds set aside pursuant to the Motion Picture Incentive Supplier Rebate, for Fiscal Year 2012-13 2013-14 unexpended funds carried forward from the prior fiscal year shall be transferred from the Department of Revenue to the Department of Parks, Recreation and Tourism and may be utilized for Marketing/Advertising, for capital improvements to the state's Welcome Centers, and for deferred maintenance and capital projects at state parks.  These funds shall be carried forward from the prior fiscal year into the current fiscal year and be expended for the same purpose.
     49.10.      (PRT: Funds Exempt from Budget Cut)  In the calculation of any across the board cut mandated by the Budget and Control Board or the General Assembly, any amounts appropriated for pass through, special items, or other items specified in any general proviso, which are exempt from reduction, shall be excluded from the Department of Parks, Recreation and Tourism’s base budget.
     49.11.      (PRT: PARD)  The Department of Parks, Recreation, and Tourism shall be authorized to expend restricted funds for the Parks and Recreation Development Fund (PARD) in accordance with the Section 51-23-20 of the 1976 Code, Regulations, and generally accepted accounting standards.  The department is allowed to reimburse PARD grantees from current year funds for prior year expenditures for a period of three years as allowed in Section 51-23-30 of the 1976 Code.
     49.12.      (PRT: Admission Fees and Charges)  The department may impose reasonable fees and charges for admission to and/or use of park and recreational facilities and the revenues from such fees and charges must be used for park and recreational uses.
     49.13.      (PRT: Additional Motion Picture Bonus-Rebate)  DELETED

SECTION 50 - P32-DEPARTMENT OF COMMERCE

     50.1.      (CMRC: Development - Publications Revenue)  The proceeds from the sale of publications may be retained in the agency’s printing, binding, and advertising account to offset increased costs.
     50.2.      (CMRC: Economic Dev. Coordinating Council - Set Aside Fund)  From the amount set aside in Section 12-28-2910, the council is authorized to use up to ten percent of such amount for actual operating expenses in support of administrative program costs and business recruitment and retention and up to $60,000 to support the Geographic Information Systems (GIS) program , as approved by council. Any balance on June thirtieth of the prior fiscal year may be carried forward and expended for the same purposes in the current fiscal year.
     50.3.      (CMRC: Coordinating Council Funds)        In order to provide maximum flexibility to encourage the creation of new jobs and capital investment, the Coordinating Council for Economic Development has the authority to transfer economic development funds at its disposal to the Closing Fund, provided the transfer is approved by a majority vote of the Coordinating Council members in a public meeting.  Any unexpended balance on June thirtieth, of the prior fiscal year may be carried forward and expended in the current fiscal year by the Department of Commerce for the same purpose.
     50.4.      (CMRC: Export Trade Show Funds)  Funds collected from South Carolina companies for offsetting costs associated with participation in future trade shows may be carried forward from the prior fiscal year to the current fiscal year and used for that purpose.
     50.5.      (CMRC: Special Events Advisory Committee)  The Department of Commerce is required to establish a Special Events Advisory Committee to provide oversight to the department as it relates to the department’s Special Events Fund.  The Advisory Committee shall be made up of contributors to the Fund appointed by the Secretary of Commerce and shall consist of no fewer than eight members, including a chairman.  The Advisory Committee shall establish guidelines for the use of these funds.  The Department of Commerce shall prepare a detailed report and have an independent audit of all expenditures of the fund during the previous calendar year.  None of these funds shall be used for operating expenses.  The report shall be submitted to the Governor, the Speaker of the House, the President of Pro Tempore of the Senate, the Chairman of the House Ways and Means Committee, and Chairman of the Senate Finance Committee.
     50.6.      (CMRC: Development-Rental Revenue)  Revenue received from the sublease on non-state owned office space may be retained and expended to offset the cost of the department’s leased office space.
     50.7.      (CMRC: Development-Ad Sales Revenue)  The department may charge a fee for ad sales in department authorized publications and may use these fees to offset the cost of printing and production of the publications.  Any revenue generated above the actual cost shall be remitted to the General Fund.
     50.8.      (CMRC: Foreign Offices)  The Secretary of Commerce shall be authorized to appoint the staff of the department’s foreign offices on a contractual basis on such terms as the Secretary deems appropriate, subject to review by the Office of Human Resources of the Budget and Control Board.
     50.9.      (CMRC: Funding For I-73 & I-74)  Of the funds authorized for the Coordinating Council Economic Development, $500,000 shall be made available for the routing, planning and construction of I-73 and $500,000 shall be made available for the routing, planning, and construction of I-74 and the Georgetown Evacuation Route.
     50.10.      (CMRC: Closing Fund)  In order to encourage and facilitate economic development, funds appropriated for the Closing Fund for competitive recruitment purposes shall be used as approved by the Coordinating Council for Economic Development.  Any unexpended at the end of the prior fiscal year may be carried forward and expended in the current fiscal year by the Department of Commerce for the same purposes.
     50.11.      (CMRC: Community Development Corporation Carry Forward)  The Department of Commerce shall be authorized to carry forward Community Development Corporation Initiative committed and uncommitted funds from the prior fiscal year and to use these funds for the same purpose.
     50.12.      (CMRC: Coordinating Council - Application Fee Deposits)  Application fees received by the department must be deposited within five business days from the Coordinating Council application approval date.
     50.13.      (CMRC: Recycling Advisory Council Reporting)  The Recycling Market Development Advisory Council must submit an annual report outlining recycling activities to the Governor and members of the General Assembly by March fifteenth each year.
     50.14.      (CMRC: Civil Air Patrol Transfer)  Of the funds appropriated to or authorized for the Department of Commerce, the department shall transfer $50,000 to the Adjutant's General Office for the Civil Air Patrol.
     50.15.      (CMRC: Regional Economic Development Organizations Carry Forward)  Any unexpended funds transferred to the Department of Commerce for Regional Economic Development Organizations by Part III of Act 23 of 2009 shall be carried forward from the prior fiscal year into the current fiscal year and used for the same purposes as originally intended.
     50.16.      (CMRC: Savannah Valley Development Division)  The Department of Commerce is authorized to transfer any and all assets and obligations of its Savannah Valley Development Division, including, but not limited to, accounts, notes payable, contracts, licenses, leases, real property, rights of way, and easements, to appropriate state and local authorities upon the approval of the State Budget and Control Board.
     50.17.      (CMRC: Regional Economic Development Organizations)  The Department of Commerce shall utilize the $5,000,000 appropriated in Fiscal Year 2012-13 2013-14 for Regional Economic Development Organizations to provide funds to the following six economic development organizations:
           (1)      Central SC Economic Development Alliance;
           (2)      Charleston Regional Development Alliance;
           (3)      Economic Development Partnership;
           (4)      North Eastern Strategic Alliance (NESA);
           (5)      Southern Carolina Alliance; and
           (6)      Upstate Alliance.
           (1)      Upstate Alliance, $730,000;
           (2)      Central SC Economic Development Alliance, $730,000;
           (3)      North Eastern Strategic Alliance (NESA), $730,000;
           (4)      Charleston Regional Development Alliance, $730,000;
           (5)      Southern Carolina Alliance, $730,000;
           (6)      I-77 Alliance, $500,000; and
           (7)      Economic Development Partnership, $475,000.
     Of the $5,000,000 appropriated for this purpose, $4,475,000 must be disbursed equally to each organization.  Each dollar of state funds must be matched with one dollar of private funds.  The organization receiving state funds must certify that the private funds are new dollars specifically designated for the purpose of matching state funds and have not been previously allocated or designated for economic development.
     The remaining $525,000 $375,000 shall be provided as follows:  to Chester County, Lancaster County, Saluda County, Lee County, Sumter County, Beaufort County, and York County Beaufort County, $150,000; Sumter County, $150,000; and Saluda County, $75,000; provided they meet the requirements established above.
     Upon receipt of the request for the funds and certification of the matching funds, the Department of Commerce shall disburse the funds to the requesting organization.
     Funds recipients shall provide an annual report by November first, to the Chairmen of the Senate Finance Committee and the House Ways and Means Committee and the Secretary of Commerce on the expenditure of the funds and on the outcome measures.
     Any unexpended or undistributed funds appropriated in prior fiscal years for Regional Economic Development Organizations shall be transferred to the Rural Infrastructure Fund at the Department of Commerce.
     50.18.      (CMRC: Research Funds)  Funds appropriated to the Department of Commerce as a special item or nonrecurring appropriation for Research shall be used to fund, upon approval of the Secretary of Commerce and the Coordinating Council for Economic Development, partnerships between the Department of Commerce, higher education institutions, either collectively or individually, and South Carolina-based industry with significant investment in the state.  These partnerships shall be in Distribution and Logistics Sciences, or any other science, technology, research, development, or industry that creates well-paying jobs and enhanced economic opportunities for the State as determined by the Secretary of Commerce.  Unexpended funds shall be carried forward from the prior fiscal year into the current fiscal year and may be used for the same purpose or to fund economic development projects.
     50.19.      (CMRC: SC Mfg Extension Partnership)  No funds appropriated to the department that are designated for the SC Manufacturing Extension Partnership may be utilized to compensate employees or individuals who engage in lobbying services on behalf of the department or the partnership.  In addition, the department shall prepare an annual report on the SC Manufacturing Extension Partnership’s expenditures for the prior fiscal year and shall submit the report to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee by November first.
     50.20.      (CMRC: Military Base Task Force)  DELETED
     50.21.      (CMRC: Business Incubation)  DELETED
     50.22.      (CMRC: Council on Competitiveness)  The Department of Commerce shall utilize $650,000 appropriated in Fiscal Year 2013-14 for the South Carolina Council on Competitiveness to provide funds for existing business economic development activities.  Each dollar of state funds disbursed must be matched equally with private funds and prior to the disbursement of funds, the Council on Competitiveness must certify that the private funds are new dollars specifically designated for the purpose of matching state funds and have not been previously allocated or designated for economic development.  The Council on Competitiveness shall provide a report on the expenditure of the funds and on the outcome measures by January 1, 2014, to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee and the Secretary of Commerce.

SECTION 53 - P40-S.C. CONSERVATION BANK

     53.1.      (CB: Conservation Bank Trust Fund)  All revenues designated for the South Carolina Conservation Bank pursuant to Sections 122495 and 12-24-97 of the 1976 Code must be credited to the South Carolina Conservation Bank Trust Fund.

SECTION 54 - P45 - RURAL INFRASTRUCTURE AUTHORITY

     54.1.      (RIA: Rural Infrastructure Fund Carry Forward)  The Rural Infrastructure Authority may carry forward from the prior fiscal year into the current fiscal year, funds appropriated to the Rural Infrastructure Fund.  The authority shall retain any unexpended funds at the close of the fiscal year and these funds shall be carried forward from the prior fiscal year into the current fiscal year.

SECTION 57 - B04-JUDICIAL DEPARTMENT

     57.1.      (JUD: Prohibit County Salary Supplements)  County salary supplements of Judicial Department personnel shall be prohibited.
     57.2.      (JUD: County Offices For Judges)  Every county shall provide for each circuit and family judge residing therein an office with all utilities including a private telephone, and shall provide the same for Supreme Court Justices and Judges of the Court of Appeals upon their request.
     57.3.      (JUD: Commitments to Treatment Facilities)  The appropriation for continued implementation of Article 7, Chapter 17, Title 44 of the 1976 Code, Chapter 24, Title 44 of the 1976 Code, and Chapter 52, Title 44 of the 1976 Code, relating to commitments, admissions and discharges to mental health facilities, or treatment facility for the purpose of alcohol and drug abuse treatment, shall be expended for the compensation of court appointed private examiners, guardians ad litem, and attorneys for proposed patients, and related costs arising from the filing, service and copying of legal papers and the transcription of hearings or testimony.  Court appointed private examiners, guardians ad litem and attorneys shall be paid at such rates or schedules as are jointly determined to be reasonable by the South Carolina Association of Probate Judges, the State Court Administrator, and the South Carolina Department of Mental Health with the approval of the Attorney General.  The Judicial Department shall notify the Senate Finance Committee and the House Ways and Means Committee of any fee adjustment or change in schedule before implementation.
     57.4.      (JUD: Judicial Commitment)  Except as otherwise provided in Section 117.5, no money appropriated pursuant to Item VI, Judicial Commitment shall be used to compensate any state employees appointed by the court as examiners, guardians ad litem, or attorneys nor shall such funds be used in payment to any state agency for providing such services by their employees.
     57.5.      (JUD: Judicial Expense Allowance)  Each Supreme Court Justice, Court of Appeals Judge, Family Court Judge and Circuit Court Judge and any retired judge who receives payment for performing fulltime judicial duties pursuant to Section 9-8-120 of the South Carolina Code of Laws, shall receive five hundred dollars per month as expense allowance.
     57.6.      (JUD: Special Judge Compensation)  In the payment of funds from "Contractual Services", and "Administrative Fund", that no special judge shall be paid for more than a two week term within a fiscal year except that this restriction will not apply in case of an ongoing trial.
     57.7.      (JUD: BPI/Merit)  Judicial employees shall receive base and average merit pay in the same percentages as such pay are granted to classified state employees.
     57.8.      (JUD: Supreme Court Bar Admissions)  Any funds collected from the Supreme Court Bar Admissions Office in excess of the amount required to be remitted to the general fund may be deposited into an escrow account with the State Treasurer’s Office.  The department is authorized to receive, expend, retain, and carry forward these funds.
     57.9.      (JUD: Travel Reimbursement)  State employees of the Judicial Department traveling on official state business must be reimbursed in accordance with Section 117.21(J) of this act.
     57.10.      (JUD: Interpreters)  The funds appropriated in this section for "Interpreters" shall be used to offset costs associated with interpreters appointed in judicial proceedings under Sections 17-1-50, 15-27-155, and 15-27-15.  The selection, use, and reimbursement of interpreters shall be determined under such guidelines as may be established by the Chief Justice of the Supreme Court.  Interpretive services for hearing impaired persons shall be obtained through contract with the South Carolina School for the Deaf and the Blind, provided that if the Chief Justice determines, for any reason, that adequate services are not available through the South Carolina School for the Deaf and the Blind, the Judicial Department may secure interpretive services from any qualified vendor.
     57.11.      (JUD: Reimbursement Receipt Deposit)  Amounts received as payment for reproducing, printing, and distributing copies of court rules and other department documents shall be retained for use by the department.
     57.12.      (JUD: Surplus Property Disposal)  Technology equipment that has been declared surplus may be donated directly to counties for use in court-related activities.
     57.13.      (JUD: Judicial Carry Forward)  In addition to the funds appropriated in this section, the funds appropriated for the Judicial Department in the prior fiscal year which are not expended during that fiscal year may be carried forward to be expended in the current fiscal year.
     57.14.      (JUD: Case Management Services)  The Judicial Department shall retain revenue generated by charging a fee for technology support services provided to users of the State case management system.  These funds may be expended and carried forward to offset the costs of supporting and maintaining the case management system.
     57.15.      (JUD: Magistrates’ Training)  From the funds appropriated to the Judicial Department, the department shall provide magistrates annual continuing education on domestic violence, which may include, but is not limited to:
           (1)      the nature, extent, and causes of domestic and family violence;
           (2)      issues of domestic and family violence concerning children;
           (3)      prevention of the use of violence by children;
           (4)      sensitivity to gender bias and cultural, racial, and sexual issues;
           (5)      the lethality of domestic and family violence;
           (6)      legal issues relating to domestic violence and child custody;
           (7)      procedures, penalties, programs, and other issues relating to criminal domestic violence, including social and psychological issues relating to such violence, the vulnerability of victims and volatility of perpetrators, and the court’s role in ensuring that the parties have appropriate and adequate representation;
           (8)      procedures and other matters relating to issuing orders of protection from domestic violence.
     57.16.      (JUD: Judges Salary Exemption)  For the current fiscal year, judges’ salaries and related employer contributions in Part IA, Section 57, are exempt from mid-year across-the-board reductions.
     57.17.      (JUD: Cell Phone Use in Court)  DELETED

SECTION 58 - C05-ADMINISTRATIVE LAW COURT

     58.1.      (ALC: Copying Costs Revenue Deposit)  The Administrative Law Court shall retain and expend, for the same purpose for which it is generated, all revenue received during the current fiscal year as payment for printing and distributing copies of court rules and other agency documents.
     58.2.      (ALC: County Office Space for Judges)  Every county shall provide for each Administrative Law Judge residing therein, upon their request, an office within the existing physical facilities if space is available, to include all utilities and a private telephone.  The request shall only be made provided that the judge’s residence is not within fifty miles of the official headquarters of the agency by which the Administrative Law Judge is employed.
     58.3.      (ALC: ALJ Travel)  While holding court or on other official business outside the county in which he resides, within fifty miles of his residence, an Administrative Law Judge is entitled to a subsistence allowance in the amount of $35 per day plus such mileage allowance for travel as is provided for other employees of the State.  While holding court or on other official business at a location fifty miles or more from his residence, an Administrative Law Judge is entitled to a subsistence allowance in the amount as provided in this act for members of the General Assembly plus such mileage allowance for travel as is provided for other employees of the State.  However, notwithstanding any other provision of law, the allowance as provided shall not exceed $8,000 per judge in a fiscal year.

SECTION 59 - E20-OFFICE OF THE ATTORNEY GENERAL

     59.1.      (AG: Prior Year Expenditures)  The Office of the Attorney General is authorized to use unexpended federal funds in the current fiscal year to pay for expenditures incurred in the prior fiscal year.
     59.2.      (AG: Other Funds Carry Forward)  Any balance of unexpended funds, not including general fund appropriations, may be carried forward for the operation of the Office of Attorney General.
     59.3.      (AG: Reimbursement for Expenditures)  The Office of the Attorney General may retain for general operating purposes, any reimbursement of funds for expenses incurred in a prior fiscal year.
     59.4.      (AG: Donation Carry Forward)  All revenue derived from donations received at the Office of the Attorney General shall be retained, carried forward, and expended according to agreement reached between the donor, or donors, and the Attorney General.
     59.5.      (AG: Water Litigation)  Unexpended Water Litigation funds must be transferred to the Tax Relief Reserve Fund.
     59.6.      (AG: Securities Fee Revenue)  After the provisions of Section 35-1-702(b) of the 1976 Code have been satisfied, and upon notification to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee that such provisions have been satisfied, the next $20,500,000 of Securities Fee revenues collected during the current fiscal year by the Office of the Attorney General shall be remitted to the General Fund of the State.  The Office of the Attorney General may retain the next $300,000 collected and may utilize these funds for operations to include expert witness expenses, investigative costs, trial preparation, and other related expenses associated with the increase in licensed securities agents.  These funds may be carried forward from the prior fiscal year into the current fiscal year and utilized for the same purpose.
Remaining Securities Fee revenues collected during the current fiscal year shall be remitted to the General Fund of the State.
     59.7.      (AG: Savannah River Maritime Commission Funds)  The Office of the Attorney General is authorized to use funds appropriated in Fiscal Year 2012-13 for litigation expenses related to the Savannah River Maritime Commission to reimburse litigation expenditures incurred by the Office of the Attorney General on behalf of the Savannah River Maritime Commission during Fiscal Year 2011-12 the current fiscal year.  Following the conclusion of these litigation matters any remaining funds shall be deposited in the General Fund.
     59.8.      (AG: Gang Violence Prevention/Youth Mentor)  The Office of the Attorney General may expend other funds to implement and maintain gang prevention and youth mentoring programs in conjunction with Section 63-19-1430 of the 1976 Code, the Youth Mentor Act.

SECTION 60 - E21-PROSECUTION COORDINATION COMMISSION

     60.1.      (PCC: Solicitor Salary)  The amount appropriated in this section for salaries of solicitors shall be paid to each full-time solicitor.  Each full-time circuit solicitor shall earn a salary not less than each full-time circuit court judge.
     60.2.      (PCC: Solicitor Expense Allowance)  Each solicitor shall receive five hundred dollars ($500.00) per month as expense allowance.
     60.3.      (PCC: Judicial Circuits State Support)  The amount appropriated and authorized in this section for Judicial Circuits (16) State Support shall be apportioned among the circuits.  The first $4,692,961 shall be distributed on a per capita basis based upon the current official census.  The next $1,179,041 shall be distributed on a pro-rata basis.  Payment shall be made as soon after the beginning of each quarter as practical.
     60.4.      (PCC: Solicitor Carry Forward)  Any unexpended balance on June 30, of the prior fiscal year, may be carried forward into the current fiscal year and expended for the operation of the solicitor’s office relating to operational expenses.
     60.5.      (PCC: Solicitor’s Office - County Funding Level)  It is the intent of the General Assembly that the amounts appropriated for solicitors’ offices shall be in addition to any amounts presently being provided by the county for these services and may not be used to supplant funding already allocated for such services without any additional charges.  If the county reduces the amount of support provided to solicitors’ offices below the level provided in the prior fiscal year, the Solicitor shall notify the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee of the amount of such reduced support.
     60.6.      (PCC: Solicitors Victim/Witness Assistance Programs)  When funds are available, the amount appropriated and authorized in Part IA, Section 60 for Solicitors Victim/Witness Assistance Programs shall be apportioned among the circuits on a per capita basis and based upon the current official census .  Payment shall be made as soon after the beginning of each quarter as practical.
     60.7.      (PCC: CDV Prosecution)  The amount appropriated and authorized in this section for Criminal Domestic Violence Prosecution shall be apportioned among the circuits on a pro-rata basis.  If not privileged information, the Prosecution Coordination Commission shall collect and retain information and data regarding Criminal Domestic Violence Prosecution and shall include: the number of dispositions, types of dispositions and county in which the disposition took place and shall provide the General Assembly with an annual report no later than sixty days after the conclusion of the fiscal year.
     60.8.      (PCC: Victim Assistance Programs)  It is the intent of the General Assembly that the amounts appropriated in this section for victim assistance programs in solicitors’ offices shall be in addition to any amounts presently being provided by the county for these services and may not be used to supplant funding already allocated for such services.  Any reduction by any county in funding for victim assistance programs in solicitors’ offices shall result in a corresponding decrease of state funds provided to the solicitors’ office in that county for victim assistance services.  Each solicitor’s office shall submit an annual financial and programmatic report which describes the use of these funds.  The report shall be submitted to the Governor, the Attorney General, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee on October 1, for the preceding fiscal year.
     60.9.      (PCC: Establish Victim/Witness Program)  The funds appropriated in this section for Victim/Witness Program must be equally divided among the judicial circuits, less any adjustments made for budget reductions.  The funds for each circuit must be distributed to the solicitor’s office of that circuit and only used by the solicitor for the purpose of establishing a Victim/Witness Program in the circuit which shall provide, but not be limited to, the following services:
           (1)      Make available to victims/witnesses information concerning their cases from filing in general sessions court through disposition.
           (2)      Keep the victim/witness informed of his rights and support his right to protection from intimidation.
           (3)      Inform victims/witnesses of and make appropriate referrals to available services such as medical, social, counseling, and victims’ compensation services.
           (4)      Assist in the preparation of victims/witnesses for court.
           (5)      Provide assistance and support to the families or survivors of victims where appropriate.
           (6)      Provide any other necessary support services to victims/witnesses such as contact with employers or creditors.
           (7)      Promote public awareness of the program and services available for crime victims.
     The funds may not be used for other victim-related services until the above functions are provided in an adequate manner.
     60.10.      (PCC: DUI Prosecution)  The amount appropriated and authorized in this section for Driving Under the Influence Prosecution shall be apportioned among the circuits on a pro-rata basis.  If not privileged information, the Prosecution Coordination Commission shall collect and retain information and data regarding Driving Under the Influence Prosecution and shall include:  the number of dispositions, types of dispositions and county in which the disposition took place and shall provide the General Assembly with an annual report no later than sixty days after the conclusion of the fiscal year.

SECTION 61 - E23-COMMISSION ON INDIGENT DEFENSE

     61.1.      (INDEF: Defense of Indigents Formula)  The amount appropriated in this Act for "Defense of Indigents" shall be apportioned among counties in accord with Section 17-3-330, 1976 Code, but on a per capita basis and based upon the most current official decennial census of the United States; provided that no county shall receive funding in an amount less than the amount apportioned to it as of July 1, 2005.  The level of contribution of each county as of July 1, 2001, must be maintained.  No county shall be permitted to contribute less money than the amount the county contributed in the prior fiscal year.  Within the amount of money established for indigent defense services, the State shall set aside $3,000,000 (Death Penalty Trial Fund) annually exclusively for use of the defense in capital cases pursuant to Section 16-3-26 of the 1976 Code, and for the expenses of the operation of the Commission on Indigent Defense to include salaries and operations expenses of the Death Penalty Trial Division.  The State also shall set aside $2,500,000 annually to pay fees and expenses of private counsel appointed in non-capital cases pursuant to Section 173-50 (Conflict Fund).  Of the funds generated from the fees imposed under Sections 14-1-206(C)(4), 14-1-207(C)(6) and 14-1-208(C)(6) and the application fee provided in Section 17-3-30(B), on a monthly basis, fifty percent must be deposited into the Death Penalty Trial Fund, fifteen percent must be deposited into the Conflict Fund , and the
remaining funds each month must be apportioned among the counties’ public defender offices pursuant to Section 17-3-330.  At the end of each fiscal year any leftover funds shall carryover to the next fiscal year.  All applications for the payment of fees and expenses in capital cases shall be applied for from the Death Penalty Trial Fund which shall be administered by the Commission on Indigent Defense.  All applications for the payment of fees and expenses of private counsel or expenses of public defenders pursuant to Section 17-3-50 shall be applied for from the Conflict Fund administered by the Commission on Indigent Defense.  Reimbursement in excess of the hourly rate and limit set forth in Section 17-3-50 is authorized only if the court certifies, in a written order with specific findings of fact, prior to the fees being incurred, that reimbursement in excess of the rates or limit is necessary to provide reimbursement adequate to ensure effective assistance of counsel and reimbursement in excess of the limit is appropriate because the services to be provided are reasonable and necessary.  If prior approval by written order of the court is not obtained, no additional fees shall be paid under any circumstances.
     Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonable and necessary for the representation of the defendant, the court shall authorize the defendant’s attorney to obtain such services on behalf of the defendant and shall authorize the payment, from funds available to the Commission on Indigent Defense, of fees and expenses not to exceed five hundred dollars as the court considers appropriate.  Payment in excess of the five hundred dollar limit is authorized only if the court certifies, in a written order with specific findings of fact, prior to the expense being incurred, that payment in excess of the limit is appropriate because the services to be provided are reasonable and necessary to provide adequate defense.  Payments shall be made from funds appropriated for this purpose from the Commission of Indigent Defense.  If prior approval by written order of the court is not obtained, no additional expenses shall be paid under any circumstances.
     Indigent defense vouchers authorized in this provision must be reviewed and paid pursuant to procedures and policies established by the Commission on Indigent Defense.  The commission shall provide a copy of the established procedures and policies to the Senate Finance Committee and the House Ways and Means Committee.
     61.2.      (INDEF: State Employee Compensation Prohibited)  Except as otherwise provided in Section 117.5, no money appropriated pursuant to Defense of Indigents shall be used to compensate any state employees appointed by the court as examiners, guardians ad litem or attorneys nor shall such funds be used in payment to any state agency for providing such services by their employees.
     61.3.      (INDEF: Appellate Conflict Fund)  The purpose of the Appellate Conflict Fund is to provide money to pay attorneys for representing indigent defendants on appellate review when the Office of Appellate Defense is unable to do so.  Funds designated for appellate use in conflict cases shall be administered by the Commission on Indigent Defense.  The Office of Appellate Defense must first determine that it is unable to provide representation.  Fees shall be $40 per hour for out of court work and $60 for in court work, with a maximum of $3,500 per case for non-capital appeals.  Fees shall be $50 per hour for out of court work and $75 per hour for in court work in capital appeals with a maximum of $10,000 per capital appeal.  The appropriate appellate court shall review and approve vouchers for payment for appellate conflict cases.  The Office of Appellate Defense shall continue to provide printing and other support functions currently provided from their resources.  On June thirtieth of each year, the Commission on Indigent Defense shall review all outstanding obligations in this fund.  Any unspent and unobligated money shall be used to pay outstanding vouchers in the Death Penalty Trial Fund or the Conflict Fund, provided the designated fund has become exhausted during the year.
     61.4.      (INDEF: SC Appellate Court Rule 608 Appointments)  The funds appropriated under "SC Appellate Court Rule 608 Appointments" shall be used for Civil Court Appointments including Termination of Parental Rights, Abuse and Neglect, Probate Court Commitments, Sexually Violent Predator Act, and Post Conviction Relief (PCR) and Criminal Conflict appointments to reimburse court appointed private attorneys and for other expenditures as specified in this provision.  SC Appellate Court Rule 608 Appointments funds may not be transferred or used for any other purpose.
     A portion of the funds appropriated under "SC Appellate Court Rule 608 Appointments" shall be used for "Termination of Parental Rights" cases and "Abuse and Neglect" cases to reimburse private attorneys who are appointed by the Family Court to represent guardians ad litem, children, or parents under the provisions of S.C. Code Sections 20-7-110 et seq., 20-7-1570 et seq., 20-7-1695 (A)(2) et seq., 20-7-7205 et seq., and 20-7-8705 (4)(a) et seq.; for "Probate Court Commitment" cases to reimburse private attorneys who are appointed by the Probate Court to represent indigent persons; and for " Sexually Violent Predator" cases to reimburse private attorneys who are appointed by the Circuit Court pursuant to Sections 44-48-10, et seq., to represent indigent persons.  When private counsel is appointed pursuant to these provisions, counsel shall be reimbursed a reasonable fee to be determined on the basis of fifty dollars per hour or reimbursement may also be made on the basis of a set (flat) fee.  The method of payment and the amount of the set fee will be determined by the Commission on Indigent Defense.  Attorney fees shall not exceed two thousand dollars for any case under which such private attorney is appointed.
     A portion of the funds appropriated under "SC Appellate Court Rule 608 Appointments" shall be used for non-capital Post Conviction Relief Cases.  Any attorney appointed shall be compensated at a rate not to exceed forty dollars per hour for time expended out of court and sixty dollars per hour for time expended in court, or on the basis of a set (flat) fee.  The method of payment and amount of set (flat) fee will be determined by the Commission on Indigent Defense.  Attorney fees shall not exceed one thousand dollars in any single case.
     A portion of the funds appropriated under "SC Appellate Court Rule 608 Appointments" shall be used for non capital criminal cases pursuant to Section 17-3-50 (Conflict Fund).  Any attorney appointed shall be compensated at a rate not to exceed forty dollars per hour for time expended out of court and sixty dollars per hour for time expended in court, or on the basis of a set (flat) fee.  The method of payment and amount of set (flat) fee will be determined by the Commission on Indigent Defense.  Attorney fees shall not exceed three thousand five hundred dollars in any single felony case or one thousand dollars in any single misdemeanor case.
     Reimbursement in excess of the hourly rate and limit set forth herein is authorized only if the court certifies, in a written order with specific findings of fact, prior to the fees being incurred, that reimbursement in excess of the rates or limit is necessary to provide reimbursement adequate to ensure effective assistance of counsel and reimbursement in excess of the limit is appropriate because the services to be provided are reasonable and necessary.  If prior approval by written order of the court is not obtained, no additional fees shall be paid under any circumstances.
     Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonable and necessary for the representation of the defendant, the court shall authorize the defendant’s attorney to obtain such services on behalf of the defendant and shall authorize the payment, from funds available to the Commission on Indigent Defense, of fees and expenses not to exceed five hundred dollars as the court considers appropriate.  Payment in excess of the five hundred dollar limit is authorized only if the court certifies, in a written order with specific findings of fact, prior to the expense being incurred, that payment in excess of the limit is appropriate because the services to be provided are reasonable and necessary to provide adequate defense.  Payments shall be made from funds appropriated for this purpose from the Commission of Indigent Defense.  If prior approval by written order of the court is not obtained, no additional expenses shall be paid under any circumstances.
     Indigent defense vouchers authorized in this provision must be reviewed and paid pursuant to procedures and policies established by the Commission on Indigent Defense.  The commission shall provide a copy of the established procedures and policies to the Senate Finance Committee and the House Ways and Means Committee.
     A portion of the funds appropriated under " SC Appellate Court rule 608 Appointments" may be used by the Commission on Indigent Defense to retain, on a contractual basis, the services of attorneys qualified to handle civil and criminal court appointments, to be reimbursed in accordance with applicable provisos and statutes.
     61.5.      (INDEF: Volunteer Guardian Ad Litem Appointments and Attorney Representation)  The Commission on Indigent Defense working with the Guardian ad Litem’s Office of the Division of Children’s Services, shall allocate a portion of the funds provided for SC Appellate Court Rule 608 Appointments for payments of contracts with attorneys who agree to represent volunteer Guardians ad Litem in child abuse and neglect and termination of parental rights actions in Family Court, based on the rate of $100 per completed hearing.  In determining the amount to be allocated, the commission must take into account the total funds appropriated and weigh this sum against the other demands and obligations of the SC Appellate Court Rule 608 Appointment Fund.  The Commission on Indigent Defense shall report to the Senate Finance Committee and the House Ways and Means Committee any payments to individual guardians ad litem from funds provided from the SC Appellate Court Rule 608 Appointment Fund.
     61.6.      (INDEF: Carry Forward)  To offset budget reductions, the Commission on Indigent Defense may carry forward and utilize any unencumbered balances available in the Appellate Conflict Fund and the SC Appellate Court Rule 608 Appointment Fund at the end of the prior fiscal year.
     61.7.      (INDEF: Public Defender Fee)  Every person placed on probation on or after July 1, 2003, who was represented by a public defender or appointed counsel, shall be assessed a fee of five hundred dollars.  The revenue generated from this fee must be collected by the clerk of court and sent on a monthly basis to the Commission on Indigent Defense.  However, if a defendant fails to pay this fee, this failure alone is not sufficient basis for incarceration for a probation violation.  This assessment shall be collected and paid over before any other fees.
     61.8.      (INDEF: Defense of Indigents Civil Action Application Fee)        (A)  A person requesting appointment of counsel in any termination of parental rights (TPR), abuse and neglect, or any other civil court action in this state shall execute an affidavit that the person is financially unable to employ counsel and that affidavit shall set forth all of the person’s assets.  This affidavit must be completed before counsel may be appointed.  If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets or a portion thereof to the Commission on Indigent Defense.
     (B)      A forty dollar application fee for appointed counsel services must be collected from every person who executes an affidavit that they are financially unable to employ counsel.  The person may apply to the court, the clerk of court, or other appropriate official for a waiver or reduction in the application fee.  If it is determined that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee is waived or reduced, the clerk or appropriate official shall report the amount waived or reduced to the trial judge and the trial judge shall order the remainder of the fee paid by a time payment method or such method as the trial judge deems appropriate.  The clerk of court or other appropriate official shall collect the application fee imposed by this section and remit the proceeds to the Commission on Indigent Defense on a monthly basis.  The monies must be deposited in an interest-bearing account separate from the general fund and used only to provide for indigent defense services.  The monies shall be administered by the Commission on Indigent Defense.  The clerk of court or other appropriate official shall maintain a record of all persons applying for representation and the disposition of the application and shall provide this information to the Commission on Indigent Defense on a monthly basis as well as reporting the amount of funds collected or waived.
     (C)      In matters in which a juvenile is brought before a court, the parents or legal guardian of such juvenile shall execute the above affidavit based upon their financial status and shall be responsible for paying any fee.  In matters concerning juveniles, the parents or legal guardians of said juvenile, shall be advised in writing of this requirement at the earliest stage of the proceedings against said juvenile.
     (D)      Nothing contained above shall restrict or hinder a court from appointing counsel in any emergency proceedings or where existing statutes do not provide sufficient time for an individual to complete the application process.
     (E)      The appointment of counsel, as herein before provided, creates a claim against the assets and estate of the person who is provided counsel or the parents or legal guardians of a juvenile in an amount equal to the costs of representation as determined by a voucher submitted by the appointed counsel and approved by the court, less that amount that the person pays to the appointed counsel.
     (F)      Such claim shall be filed in the office of the clerk of court in the county where the person is assigned counsel, but the filing of a claim shall not constitute a lien against real or personal property of the person unless, in the discretion of the court, part or all of such claim is reduced to judgment by appropriate order of the court, after serving the person with at least thirty days’ notice that judgment will be entered.  When a claim is reduced to judgment, it shall have the same effect as judgments, except as modified by this provision.
     61.9.      (INDEF: Exemption for Pass Through Funding)  The funds distributed by the Commission on Indigent Defense to the Legal Services Corporation in accordance with Section 14-1-204 of the 1976 Code shall not be considered part of the commission’s budget for purposes of calculating budget reductions.
     61.10.      (INDEF: Reporting Requirement)  Circuit Public Defenders shall provide, in a manner and form as the agency head requires, information and data concerning caseloads, dispositions, and other information as required by the agency head or General Assembly.  The agency shall withhold payments and transfers to Circuit Public Defenders who are not in compliance with the agency reporting requirements.
     61.11.      (INDEF: Donation Carry Forward)  The Commission on Indigent Defense may accept donations for the publication of "The South Carolina Juvenile Collateral Consequences Checklist."  All revenue derived from donations received at the Commission on Indigent Defense shall be retained, carried forward and expended according to agreement reached between the donor, or donors, and the Commission on Indigent Defense.

SECTION 62 - D10-STATE LAW ENFORCEMENT DIVISION

     62.1.      (SLED: Special Account Carry Forward)  Funds awarded to the State Law Enforcement Division by either court order or from donations or contributions shall be deposited in a special account with the State Treasurer, and shall be carried forward from year to year, and withdrawn from the Treasurer as needed to fulfill the purposes and conditions of the said order, donations or contributions, if specified, and if not specified, as may be directed by the Chief of the State Law Enforcement Division.  Funds expended from the special account must be annually reported by October first to the Senate Finance Committee and the Ways and Means Committee.
     62.2.      (SLED: Computer/Communications Center Carry Forward)  Revenue generated from the operation of the division’s criminal justice computer/communications center and not expended during the prior fiscal year may be carried forward and expended for the same purpose during the current fiscal year.
     62.3.      (SLED: Agents Operations Carry Forward)  Any unexpended balance on June thirtieth, of the prior fiscal year, in Part IA, subsection 62 of the section "Agents Operations" may be carried forward and expended for the same purpose in the current fiscal year.
     62.4.      (SLED: Match for Federal Grants Carry Forward)  State appropriations to SLED that are required to provide match for federal grant programs in the prior fiscal year may be carried forward into the current fiscal year and expended for the same purpose as originally appropriated.
     62.5.      (SLED: Clothing Allowance)  The State Law Enforcement Division is hereby authorized to provide agents and criminalists with an annual clothing allowance (on a pro rata basis) not to exceed $600 per agent/criminalist for required clothing used in the line of duty.
     62.6.      (SLED: Witness Fee)  The State Law Enforcement Division is hereby authorized to charge a witness fee of $130.00 per hour up to $1,000 per day for each employee testifying in civil matters which do not involve the State as a part in interest.  This fee shall be charged in addition to any court prescribed payment due as compensation or reimbursement for judicial appearances and deposited into a designated revenue account.
     62.7.      (SLED: Commissioned Officers’ Physicals)  The department is authorized to pay for the cost of physical examinations for department personnel who are required to receive such physical examinations prior to receiving a law enforcement commission.
     62.8.      (SLED: Meals in Emergency Operations)  The State Law Enforcement Division may provide meals to employees of SLED who are not permitted to leave assigned duty stations and are required to work during deployment, emergency simulation exercises and when the Governor declares a state of emergency.
     62.9.      (SLED: Hazardous Materials Security Detail)  The State Law Enforcement Division (SLED) is authorized to be reimbursed for security related law enforcement services provided to entities authorized to transport sensitive materials within the borders of South Carolina.  SLED shall determine all costs associated with security details and is authorized to coordinate the collection, retention, and distribution to any assisting agency.  SLED and each assisting agency shall expend any funds associated with minimizing risks related to the transportation of these hazardous materials for the implementation of homeland security initiatives.
     62.10.      (SLED: Sex Offender Registry Fee)  Each Sheriff is authorized to charge and collect an annual amount of one hundred fifty dollars from each sex offender required to register by law.  If such sex offender has been declared indigent by the Sheriff of the county in which the offender must register and provides proof of the declaration at the time of registration, the fee will automatically be waived.  If an offender is not declared indigent and fails to pay the fee, he is officially declared unregistered.  This fee shall be divided between the Sheriffs and the State Law Enforcement Division with one hundred dollars of the fee retained by the Sheriffs and the remaining fifty dollars remitted by the Sheriffs to SLED on a quarterly basis.  These funds must be used to support the Statewide Sex Offender Registry.
     62.11.      (SLED: Private Detective Fees Criminal History Checks)  The State Law Enforcement Division is authorized to charge private detective companies, individual private detectives, private security companies, armed security guards, and proprietary security companies  a fee of twenty-five dollars to process state criminal history checks and fifty dollars for federal fingerprint based criminal history checks.  These funds shall be collected, retained, expended and carried forward by the State Law Enforcement Division.
     62.12.      (SLED: CWP Instructors Certification)  The State Law Enforcement Division is authorized to charge one hundred dollars for the issuance of a Certified Concealable Weapons Permit Instructor certificate, and one hundred dollars every three years for each renewal.  These funds shall be collected, retained, expended and carried forward by the State Law Enforcement Division.
     62.13.      (SLED: Expungement Requests)  The State Law Enforcement Division is authorized to collect a twenty-five dollar expungement fee for each request to expunge criminal records.  These funds shall be used to offset the operational and research expenses associated with processing these expungement requests.  SLED is authorized to collect, retain, expend, and carry forward these funds.  Persons found not guilty by a court of competent jurisdiction or where charges have been dismissed or nolle prossed shall be excluded from the fee requirement.
     62.14.      (SLED: Retention of Funds Reimbursed by State or Federal Agencies)  The State Law Enforcement Division is authorized to collect, expend, retain, and carry forward all funds received from other state or federal agencies in the current fiscal year as reimbursement of expenditures incurred in the current or prior fiscal year.
     62.15.      (SLED: Monies Associated with Illegal Gaming Devices)  The State Law Enforcement Division is authorized to retain, expend, and carry forward all monies associated with illegal gaming devices seized by the division, once orders of destruction and awarding of these monies have been received from a court of competent jurisdiction.
     62.16.      (SLED: Use of PIP Funds)  The agency is authorized to use approved permanent improvement funds for projects 9807 and 9845 toward construction of a storage and logistics facility.
     62.17.      (SLED: Private Detective/Security Fee)  The license and registration fees set by the State Law Enforcement Division for private detective businesses, private security businesses, including employees of these businesses, and companies which provide private security on their own premises must not exceed those fees set by regulation as of January 1, 2011, unless otherwise approved by the General Assembly.  From the funds collected from these fees, the State Law Enforcement Division must transfer $480,000 to the Department of Public Safety which shall be used for the purpose of providing security in the Capitol Complex area.
     62.18.      (SLED: Criminal Record Search Fees)  The State Law Enforcement Division is authorized to charge and collect a fee of eight dollars for a criminal record search for local park and recreation volunteers through a commission, municipality, or county.  Any organization that is authorized to receive the reduced fee must not charge the volunteer, mentor, member, or employee more than the eight dollars or any additional fee that is not required by the State Law Enforcement Division.  All criminal record searches conducted under this provision must be for a volunteer, mentor, member or employee performing in an official capacity of the organization and must not be resold.
     62.19.      (SLED: Compensatory Payment)  In the event a State of Emergency is declared by the Governor, exempt employees of the State Law Enforcement Division may be paid for actual hours worked in lieu of accruing compensatory time, at the discretion of the Chief, and providing funds are available.
     62.20.      (SLED: Meth Lab Clean Up Carry Forward)  Any unexpended balance on June thirtieth of the prior fiscal year, in the special line "Meth Lab Clean Up" may be carried forward and expended for the same purpose in the current fiscal year.
     62.21.      (SLED: $25 Criminal Record Search Fee)  DELETED

SECTION 63 - K05-DEPARTMENT OF PUBLIC SAFETY

     63.1.      (DPS: Special Events Traffic Control)  The highway patrol must not charge any fee associated with special events for maintaining traffic control and ensuring safety on South Carolina public roads and highways unless approved by the General Assembly.  Nothing shall prohibit the Treasury of the State from accepting voluntary payment of fees from private or public entities to defray the actual expenses incurred for services provided by the Department of Public Safety.
     63.2.      (DPS: Retention of Private Detective Fees)  The Department of Public Safety is hereby authorized to receive, expend, retain, and carry forward all funds transmitted from SLED related to fees charged and collected by SLED from license and registration fees for private detective businesses, private security businesses, including employees of these businesses, and companies which provide private security on their own premises.  The funds transferred are to be used in the Bureau of Protective Services Program to provide security for state agencies and the Capitol Complex.
     63.3.      (DPS: Motor Carrier Advisory Committee)  From the funds appropriated and/or authorized to the Department of Public Safety and the Department of Motor Vehicles, the departments are directed to jointly 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 this industry.  The members of the advisory committee shall serve without compensation.
     63.4.      (DPS: Sale of Real Property)  At such time as any portion of the Laurens Road property in Greenville is declared to be surplus by the agency or agencies which occupy said portion, and after receiving approval from the Budget and Control Board for the sale of the property, the Department of Public Safety, the Department of Transportation, and the Department of Motor Vehicles are authorized to receive, retain, expend, and carry forward funds derived from the sale of the real property in which each agency holds an interest or title.  No portion of the property may be declared as surplus by one agency if another agency is occupying said property.  The Department of Public Safety is directed to use these funds to defray the operating expenses of the Highway Patrol and the Department of Transportation and the Department of Motor Vehicles are directed to use their portion of these funds for department operating expenses.
     63.5.      (DPS: CMV Driver Rest Areas)  A joint working group is to be established between the Department of Transportation, Department of Public Safety, State Transport Police and the South Carolina Trucking Association to review and evaluate where critical rest areas may be made available for commercial motor vehicle drivers to park and obtain their federally mandated required rest.
     63.6.      (DPS: SC Law Enforcement Officers Hall of Fame Scholarships)  The Department of Public Safety is hereby authorized to accept donations from the public in order to provide scholarships to the children of law enforcement officers killed in the line of duty.  The South Carolina Law Enforcement Officers Hall of Fame Advisory Committee is authorized to set the criteria for awarding such scholarships.  All revenue received for this purpose shall be used to provide scholarships and shall be retained, carried forward, and expended for the same purpose.
     63.7.      (DPS: Retention of DMV Cash Transfer)  The Department of Public Safety is hereby authorized to retain, expend, and carry forward funds transmitted by the Department of Motor Vehicles without any specific restrictions for the utilization of these funds pursuant to Proviso 90.20 (SR: DMV Cash Transfer) of Act 23 of 2009.

SECTION 64 - N20-LAW ENFORCEMENT TRAINING COUNCIL

     64.1.      (LETC: CJA-Federal, Other Flow Through Funds)  In order to complete projects begun in a prior fiscal year, the Law Enforcement Training Council, Criminal Justice Academy is authorized to expend federal and earmarked funds in the current fiscal year for expenditures incurred in the prior fiscal year.
     64.2.      (LETC: CJA-Retention of Emergency Expenditure Refunds)  The Law Enforcement Training Council, Criminal Justice Academy is authorized to collect, expend, retain, and carry forward all funds received from other state or federal agencies in the current fiscal year as reimbursement of expenditures incurred in the current or prior fiscal year when personnel and equipment are mobilized and expenses incurred due to an emergency.

SECTION 65 - N04-DEPARTMENT OF CORRECTIONS

     65.1.      (CORR: Canteen Operations)  Revenue derived wholly from the canteen operations within the Department of Corrections on behalf of the inmate population, may be retained and expended by the department for the continuation of the operation of said canteens and the welfare of the inmate population or, at the discretion of the Director, used to supplement costs of operations.  The canteen operation is to be treated as an enterprise fund within the Department of Corrections and is not to be subsidized by state appropriated funds.
     65.2.      (CORR: E.H. Cooper Trust Fund)  Any unclaimed funds remaining in any inmate account, after appropriate and necessary steps are taken to determine and contact a rightful owner of such funds, shall be deposited into the Inmate Welfare Fund.
     65.3.      (CORR: Instructional Salaries)  The certified instructional personnel of the Department of Corrections shall receive a percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the instructional personnel throughout the State.
     65.4.      (CORR: Funding Through State Criminal Assistance Program)  All funds received by the State from the United States Department of Justice, State Criminal Alien Assistance Program, for care and custody of illegal aliens housed in the state correctional facilities shall be retained by the South Carolina Department of Corrections to offset incurred expenses.
     65.5.      (CORR: Remedial Education Funding)  A criminal offender committed to the custody of the Department of Corrections, who has been evaluated to function at less than an eighth grade educational level, or less than the equivalent of an eighth grade educational level, may be required by department officials to enroll and actively participate in academic education programs.  Funds appropriated to the Department of Corrections for educational programs shall be prioritized to assure such remedial services are provided.
     65.6.      (CORR: Tire Retreading Program Restriction)  The tire retreading program at the Lieber Correctional Institution shall be limited to the marketing and sale of retreads to state governmental entities.
     65.7.      (CORR: Social Security Administration Funding)  All funds received by the South Carolina Department of Corrections from the Social Security Administration under Section 1611 (e)(1)(I) of the Social Security Act, which provides payment for information regarding incarcerated Social Security Insurance recipients, shall be retained by the South Carolina Department of Corrections and credited to a fund entitled "Special Social Security" for the care and custody of inmates housed in the state correctional facilities.
     65.8.      (CORR: Medical Expenses)  The Department of Corrections shall be authorized to charge inmates a nominal fee for any medical treatment or consultation provided at the request of or initiated by the inmate.  A nominal co-pay shall be charged for prescribed medications.  Inmates shall not be charged for psychological or mental health visits.
     65.9.      (CORR: Prison Industry Funds)  The Director of the Department of Corrections, at his discretion, is hereby authorized to utilize prison industry funds for projects or services benefiting the general welfare of the inmate population or to supplement costs of operations.
     65.10.      (CORR: Reimbursement for Expenditures)  The Department of Corrections may retain for general operating purposes any reimbursement of funds for expenses incurred in a prior fiscal year.
     65.11.      (CORR: Sale of Real Property)  Funds generated from the sale of real property owned by the Department of Corrections shall be retained by the department to offset renovation and maintenance capital expenditures.
     65.12.      (CORR: Major Renovations and Repairs)  The Department of Corrections may utilize any existing bond funds approved by the 1997 Bond Act for major renovations and repairs and/or the construction of new beds as the budget and inmate population dictate.
     65.13.      (CORR: Funds From Vehicle Cleaning)  Monies generated by inmates engaged in the cleaning and waxing of private vehicles, or any other adult work activity center, shall be placed in a special account and utilized for the welfare of the inmate population.
     65.14.      (CORR: Release of Inmates)  The Director of the Department of Corrections and other persons having charge of prisoners who are required to serve a period of six months or more, may release all such prisoners, including prisoners to whom Section 24-13-150, subsection (A) of the 1976 Code applies, on the first day of the month in which their sentences expire, and if the first day of the month falls on a Saturday, Sunday, or a legal holiday, such prisoners may be released on the last weekday prior to the first of the month which is not a holiday.
     65.15.      (CORR: Western Union Funding)  All funds received by the South Carolina Department of Corrections from the Western Union Quick Collect Revenue Sharing Program or similar private sector entities, which provides payment for processing electronic transfers into the E. H. Cooper Trust Fund, shall be retained by the South Carolina Department of Corrections and credited to a fund entitled "Inmate Welfare Fund" to be expended for the benefit of the inmate population.
     65.16.      (CORR: Monitoring Fees)  The Department of Corrections is authorized to charge an inmate who participates in community programs a reasonable fee for the cost of supplying electronic and telephonic monitoring.  The fees charged may not exceed the actual cost of the monitoring.
     65.17.      (CORR: Inmate Insurance Policies)  The Department of Corrections may collect and record private health insurance information from incarcerated individuals.  The department may file against any private insurance policy covering an inmate to recoup any health care expenditures covered by the policy.  Health care will be provided in accordance with law and standards regardless of whether or not an inmate is covered by insurance.
     65.18.      (CORR: Work Release Transportation Fee)  The South Carolina Department of Corrections is authorized to charge a $4.00 per-day transportation fee to participants in the work release program only when such transportation is provided by the department.  Monies collected shall be credited to the South Carolina Department of Corrections, and utilized solely to fund transportation of work release participants and vehicle replacement for the work release program.
     65.19.      (CORR: Special Assignment Pay Level 2 & 3 Facilities)  Funds appropriated for special assignment pay at the Department of Corrections are for the purpose of addressing vacancies and turnover of staff by providing a pay differential for certain employees assigned to institutions with a Level II or Level III security designation.  The funds are to be used for special assignment pay only and may not be transferred to any other program.  If the employee leaves one of the qualifying job classes or leaves a Level II or Level III institution for a non-Level II or non-Level III facility, they shall no longer be eligible for this special assignment pay.  Only employees in full-time equivalent positions are eligible for this special assignment pay.
     The special assignment pay is not a part of the employee’s base salary, but is a percentage thereof, and is to be paid as follows:
           (A)      At Level II institutions:
                           (1)      4% for Correctional Officers including Class Code JD-30 (cadets and Officer I and II positions) and Corporals I and II;
                           (2)      2% for Sergeants and Lieutenants;
                           (3)      1% for Captains and Majors;
                           (4)      2% for Nursing staff; and
                           (5)      2% for Food Service staff.
           (B)      At Level III institutions:
                           (1)      8% for Correctional Officers including Class Code JD-30 (cadets and Officer I and II positions) and Corporals I and II;
                           (2)      3% for Sergeants and Lieutenants;
                           (3)      1% for Captains and Majors;
                           (4)      3% for Nursing staff; and
                           (5)      3% for Food Service staff.
     65.20.      (CORR: Quota Elimination)  Pursuant to Section 24-3-60 of the 1976 Code, upon notification by the county, the Department of Corrections shall accept newly sentenced inmates from each local jail and detention center.
     For sentenced inmates who the county is willing to transport, the department may limit the acceptance at the Kirkland Correctional Institution to the hours of 8:00 a.m. to 1:00 p.m., Monday through Friday, excluding holidays, and at the Perry and Lieber Correctional Institutions to the hours of 8:00 a.m. to 10:30 a.m., Monday through Friday, excluding holidays.
     By mutual agreement between the Department of Corrections and a local jail or detention center, the department may establish an alternate admissions schedule for receiving inmates at the Reception and Evaluation Center.
     At the time of transfer of the inmate to the department, the county shall provide the sentencing order, and if available copies of medical screening records, booking reports, and other documents to assist the department in its intake processing.  Counties that have not completed medical screenings at the time of transfer shall not be required to do so.
     In the event there are inadequate beds within the Reception and Evaluation Center, the Department of Corrections may create a "jail" within the Kirkland Correctional Institution using one or more of the available 192-bed housing units to accept newly sentenced state inmates who are awaiting R & E processing.  The department may operate such "jail," to the extent feasible, in accordance with standards applicable to the local jails.
     The department shall use the funds appropriated in this Act for "Quota Elimination" to accomplish this initiative and to open a 96-bed unit at the MacDougall Correctional Institution and the 192-bed housing units at Kirkland Correctional Institution.  The funds may not be transferred to any other program or used for any other purpose.
     65.21.      (CORR: Public/Private Partnerships for Construction)  Funds appropriated in Act 407 of 2006, Item 23, shall be used to construct as many multi-purpose buildings at Department of Corrections institutions as possible.  For such facilities at Lieber, McCormick, Leath, or Allendale Correctional Institution, at least $150,000 in matching funds and/or construction materials or services must be donated before construction of the facility may begin.  At other Department of Corrections locations, the Director may require that donated funds and/or materials or services equal one-half of the cost of construction, including design and engineering costs.
     65.22.      (CORR: Inmate Barbering Program)  Inmate barbers in the Inmate Barbering Program at the Department of Corrections, shall not be subject to the licensing requirement of Section 40-7-30 of the 1976 Code.
     65.23.      (CORR: Executed Inmate Autopsy)  For the current fiscal year, the autopsy requirements of Section 17-7-10 of the 1976 Code are suspended when an inmate is executed by the Department of Corrections pursuant to a valid order of the Supreme Court of South Carolina.
     65.24.      (CORR: Recoupment of Expenses Associated with Inmate Cremation)  If the Department of Corrections incurs expenses for cremating and disposing of an unclaimed deceased inmate, the department may recoup all associated costs of cremation, including transportation, through the deceased inmate’s E.H. Cooper account, providing funds are available.
     65.25.      (CORR: Credited Jail Time; DNA Sample Collection)  Inmates committed to the Department of Corrections for sentences greater than 90 days, but who have credit for jail time in excess of their sentence to incarceration are not required to be transported to the Reception and Evaluation Center of the Department of Corrections.  Cities and counties housing inmates who have credit for jail time in excess of their sentence may, through written agreement with the Department of Corrections, transfer required commitment records to the department electronically or by other means.  The Department of Corrections must establish reasonable documentation requirements to facilitate the implementation of this cost savings measure.  Employees of the Department of Probation, Parole, and Pardon Services assigned to the court or employees of the Department of Corrections, as applicable, shall obtain DNA samples from the offenders who are required to submit DNA samples.  This provision does not exempt the above referenced inmates from the $250 DNA fee as required by Section 23-3-670 of the 1976 Code.  The $250 fee shall be collected in the same manner as other fines and fees and submitted to the State Treasurer for remittance to SLED.
     65.26.      (CORR: Cell Phone Interdiction)  The Director of the Department of Corrections is granted the right to add a surcharge to all inmate pay phone calls to offset the cost of equipment and operations of cell phone interdiction measures.  The surcharge will be added to the cost per call, collected by chosen telephone vendor and paid to the department on a monthly basis.  The department is authorized to retain the funds to pay, either directly or through the State lease program, for equipment required to enact cell phone interdiction.  When the equipment has been paid in full, the surcharge amount will be reviewed and adjusted to cover the cost of ongoing operational expenses of the interdiction equipment.  Any unexpended balance may be carried forward from the prior fiscal year into the current fiscal year and be used for the same purpose.
     65.27.      (CORR: Wateree River Correctional Institution)  The Department of Corrections may utilize inmate labor to perform any portion of the work which will be installed on the Wateree River Correctional Institution property for the Wateree River Correctional Institution Radium - Drinking Water Compliance Project.
     65.28.      (CORR: Meals in Emergency Operations)  The Department of Corrections may provide meals to public employees who are not permitted to leave their stations and are required to work during actual emergencies, emergency simulation exercises, or when the Governor declares a state of emergency.

SECTION 66 - N08-DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES

     66.1.      (DPPP: Sale of Equipment)  All revenue generated by the Department of Probation, Parole and Pardon Services from the sale of various equipment in excess of $575, less the cost of disposition incurred by the Budget and Control Board, Division of Operations, may be retained and carried forward into the current fiscal year and expended for the purpose of purchasing like items.
     66.2.      (DPPP: Interstate Compact Application Fee)  The department may charge offenders an application fee set by the department, not to exceed $100, to offenders applying for transfers out of or into the state under the Interstate Compact Act.  The application fee shall be retained by the department to offset the cost of the Interstate Compact Act.  All unexpended funds at year-end may be retained and carried forward by the department to be expended for the same purpose.
     66.3.      (DPPP: GED Learn and Earn Program)  From the funds appropriated in Part IA, the department may enter into agreements with statewide colleges, technical colleges, and school districts for the purpose of providing GED and GED Prep education to offenders.  Offenders of the department enrolled in the program must repay the department the cost of the course and materials within six months of obtaining their GED.
     66.4.      (DPPP: Sex Offender Monitoring Carry Forward)  The Department of Probation, Parole and Pardon Services is authorized to carry forward any unexpended funds in the Sex Offender Monitoring program.  These funds must be used for the sex offender monitoring program.  For the purpose of calculating the amount of funds which may be carried forward by the department, Sex Offender Monitoring program funds carried forward by this provision shall be excluded from the calculation of the carry forward authorized by provision elsewhere in this Act.
     66.5.      (DPPP: Offender Drug Testing Fee)  The department may charge offenders a fee set by the department, not to exceed $50, for the purpose of drug testing.  If it is determined that the offender is indigent, this fee must be waived.  The fee shall be retained by the department to offset the cost of drug testing.  All unexpended funds at year-end may be retained and carried forward by the department to be expended for the same purpose.
     66.6.      (DPPP: Public Service Employment Set-Up Fee)  In addition to any other fee, the department may charge an adult offender placed under the jurisdiction of the department, who is ordered to public service employment by the court, a twenty-five dollar Public Service Employment set-up fee.  The fee must be retained by the department and applied to the department's supervision process.  The department shall submit a report to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee on the number of offenders who were assessed the set-up fee and the amount of funds collected.

SECTION 67 - N12-DEPARTMENT OF JUVENILE JUSTICE

     67.1.      (DJJ: Meal Ticket Revenue)  The revenue generated from sale of meal tickets by the Department of Juvenile Justice shall be retained and carried forward into the current fiscal year by the agency and expended for the operation of the agency’s cafeterias and food service programs.
     67.2.      (DJJ: Interstate Compact Revenue)  The revenue returned to the Interstate Compact Program shall be retained and carried forward into the current fiscal year by the agency and expended for the operation of the program.
     67.3.      (DJJ: Children’s Projects Revenue)  Funds generated from the projects undertaken by children under the supervision of the Department of Juvenile Justice may be retained by the department and utilized for the benefit of those children.  Such funds may be carried forward into the following fiscal year.
     67.4.      (DJJ: Instructional Salaries)  The certified instructional personnel of the Department of Juvenile Justice shall receive a percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the instructional personnel throughout the State.
     67.5.      (DJJ: Reimbursements for Expenditures)  The Department of Juvenile Justice may retain for general operating purposes any reimbursement of funds for expenses incurred in a prior fiscal year.
     67.6.      (DJJ: Juvenile Arbitration/Community Advocacy Program)  The amount appropriated and authorized in this section for the Juvenile Arbitration Program shall be retained and expended by the Department of Juvenile Justice for the purpose of providing juvenile arbitration services through the sixteen (16) Judicial Circuit Solicitors’ offices in the state and used to fund necessary administrative and personnel costs for the programs.
     The Department of Juvenile Justice shall contract with Solicitors to administer the Juvenile Arbitration Program and disburse up to $60,000 per Judicial Circuit based on services rendered.  The amount payable to Solicitors may vary based on consistent adherence to established statewide program guidelines to assess program performance.
     The $250,000 appropriated for the Community Advocacy Program in the first Judicial Circuit, will be used to fund necessary administrative and personnel costs for this status offender diversion program.  The Department of Juvenile Justice shall monitor and provide support to this program.
     All unexpended funds may be retained and carried forward from the prior fiscal year to be used for the same purposes.
     67.7.      (DJJ: Sale of Real Property)  After receiving approval from the Budget and Control Board for the sale of property, the department is authorized to retain revenues associated with the sale of department-owned real property and may expend these funds on capital improvements reviewed by the Joint Bond Review Committee and approved by the Budget and Control Board.
     67.8.      (DJJ: Sale of Timber)  The Department of Juvenile Justice is hereby authorized to sell mature trees and other timber suitable for commercial purposes from lands owned by the department.  Prior to such sales, the director shall consult with the State Forester to determine economic and environmental feasibility and to obtain approval for such sales.  Funds derived from timber sales shall be retained and utilized for family support services after setting aside a reasonable amount, as determined by the State Forester, for reforestation of the lands from which the trees and timber are sold.
     67.9.      (DJJ: Drug Free Workplace)  The critical mission of the Department of Juvenile Justice requires a safe and drug free work environment.  In order to accomplish this, the department may conduct and pay for the cost of pre-employment drug testing and random employee drug testing.  The department is authorized to expend funds in order to provide or procure these services.
     67.10.      (DJJ: Definition of Juveniles)  The Department of Juvenile Justice is authorized to place juveniles in marine and wilderness programs or other community residence programs operated by non-governmental entities.  Juveniles receiving services in these community residence programs must either be referred to such a program by the Family Court as a condition of probation, released to such a program by the Board of Juvenile Parole, or voluntarily agree to be assigned and released to such a program by the Department of Juvenile Justice.
     67.11.      (DJJ: Adult Education - GED)  Juveniles committed to the Department of Juvenile Justice who have been enrolled in, but not yet completed, a GED educational program while at the department, at the discretion of the local school district, upon release from the department shall be allowed to enroll in either the juvenile’s local school district’s regular education program, in their appropriate grade placement, or allowed to enroll in that district’s or county’s adult education program.  If enrolled in an adult education program, the juvenile’s eligibility for taking the GED shall be based upon the regulations promulgated by the Department of Education for youth who are confined in, or under the custody of, the Department of Juvenile Justice.
     67.12.      (DJJ: Local District Effort)  Upon commitment or confinement to a Department of Juvenile Justice facility, the school district in which that child resides shall pay an amount equivalent to the statewide average of the local base student cost (30%), multiplied by the appropriate pupil weighting set forth in Section 59-20-40, for instructional services provided to out-of-district students to the Department of Juvenile Justice for the time period in which the child is committed or confined to a department facility.  EFA funding for school districts is provided for a one hundred eighty day school year.  The billing provided by the department shall be calculated by dividing the local base student cost by two hundred twenty-five days to determine the daily rate.  The department shall notify the school district in writing within forty-five calendar days that a student from the non-resident district is receiving education services pursuant to this provision.  The notice shall also contain the student's name, date of birth, disabling condition if available, and dates of service.
     The invoice shall be paid within sixty days of billing, provided the department has provided a copy of the invoice to both the superintendent and the finance office of the school district being invoiced.  Should the school district fail to pay the invoice within sixty days, the department can seek relief from the Department of Education.  The Department of Education shall withhold EFA funding equal to the billing from the district refusing to pay and submit the funding (equal to the invoice) to the department.  If adequate funding is not received, the department shall have the flexibility to use funds from other programmatic areas to maintain an appropriate level of service.
     67.13.      (DJJ: Emergency Authority to Transfer PIP Funds)  The Department of Juvenile Justice is authorized to transfer to its operational and/or personnel accounts up to $1,500,000 of Permanent Improvement Project (PIP) funds, excluding Capital Improvement Bond funds, that have been previously allocated to the department by the General Assembly/Joint Bond Review Committee and approved by the Budget and Control Board, if those funds are unobligated or not otherwise committed by the department for active permanent improvement projects.  The department may utilize these funds in Fiscal Year 2012-13 as necessary in order to maintain constitutional conditions in its institutional facilities and residential programs.
     67.14.      (DJJ: Emergency Release for Community Evaluation)  The Department of Juvenile Justice is authorized to allow any child adjudicated delinquent for a status offense, for a misdemeanor offense other than Assault and Battery of a High and Aggravated Nature or Assault with Intent to Kill, or for violation of probation/contempt for any offense who is temporarily committed to its custody for a residential evaluation, to reside in that child’s home or in his home community while undergoing a community evaluation, unless the committing judge finds and concludes in the order for evaluation, that a community evaluation of the child shall not be conducted because the child presents an unreasonable flight or public safety risk to his home community.
     67.15.      (DJJ: Earned Compliance Credit)  In order to avoid unconstitutional levels of overcrowding and other unconstitutional conditions from occurring in residential programs operated for the Department of Juvenile Justice, and in order to reduce caseloads of the Department’s probation and parole officers so that these officers can better focus their attention and limited resources on those offenders who pose a greater threat to public safety, the Department is authorized to grant up to a ten day reduction of their probationary or parole term to probationers and parolees who are under its supervision for each month they are compliant with the terms and conditions of their probation or parole order.
     67.16.      (DJJ: Early Release Authorization)  In order to avoid unconstitutional levels of overcrowding and other unconstitutional conditions from occurring in facilities operated by the department and in residential programs operated for the department, the number of children housed in residential placements (either committed to the custody of the Department of Juvenile Justice or who are under the department’s supervision) shall not exceed the number of beds available to the department to house them.  Should appropriation reductions necessitate that the department close any additional facility, program, or housing unit it operates, or to be unable to fund any additional residential program operated for its benefit, the department is authorized and empowered to release from its residential placements sufficient numbers of children committed to its custody or supervision for a status offense, a misdemeanor offense, other than Assault and Battery of a High and Aggravated Nature and Assault with Intent to Kill, or for violation of probation/contempt of a status offense or a misdemeanor offense, other than Assault and Battery of a High and Aggravated Nature and Assault with Intent to Kill, so that the number of children in its custody or under its supervision and placed in these residential placements does not exceed the number of housing units/beds available to properly house those children.  No child adjudicated delinquent for a violent crime as defined in Section 16160 of the 1976 Code, a felony offense as defined in Section 16190 of the 1976 Code, or a sexual offense shall be released pursuant to this proviso.

SECTION 70 - L36-HUMAN AFFAIRS COMMISSION

     70.1.      (HAC: Human Affairs Forum Carry Forward)  All revenue derived from donations and registration fees received for attendance at Human Affairs Forums shall be retained and carried forward and expended for the purpose of general operations of the Human Affairs Commission.
     70.2.      (HAC: Training Revenue)  All revenue derived from fees received from training and technical assistance provided by the Human Affairs Commission to entities other than state agencies shall be retained, carried forward, and expended for the purpose of general operations of the Human Affairs Commission.
     70.3.      (HAC: Revenue from Copying Fees)  All revenue derived from providing requested copies of commission files, final opinions, orders, and determinations shall be retained, carried forward, and expended for the purpose of general operations of the Human Affairs Commission.

SECTION 71 - L46-COMMISSION FOR MINORITY AFFAIRS

     71.1.      (CMA: Private Contributions and Sponsorship)  Monies derived from private sources for agency research, forums, training, and institutes may be retained and expended by the commission for the said purpose.  Any remaining balance may be carried forward and expended for the same purpose.
     71.2.      (CMA: Carry Forward Registration Fees)  Revenue derived from registration fees received from training and institutes may be retained and carried forward for the purpose of conducting future training and institutes.
     71.3.      (CMA: Carry Forward Grant Awards)  Revenues pooled from public and private sources for the purpose of awarding grants to address problems in the minority community may be retained and carried forward by the commission.
     71.4.      (CMA: Carry Forward Bingo Revenues)  Bingo revenues received by the commission in the prior fiscal year pursuant to Section 12-21-4200(3) of the 1976 Code which are not expended during that fiscal year may be carried forward to be expended in the current fiscal year.
     71.5.      (CMA: Retention of Photocopy Fees)  Revenue derived from photocopy fees and other fees related to Freedom of Information Act requests from the general public may be retained and carried forward by the Commission.

SECTION 73 - R06-OFFICE OF REGULATORY STAFF

     73.1.      (ORS: Transportation Fee Refund)  The Transportation Department of the Office of Regulatory Staff is hereby authorized to make refunds of fees which were erroneously collected.
     73.2.      (ORS: Assessment Certification)  Office of Regulatory Staff shall certify to the Department of Revenue the amounts to be assessed to cover appropriations in this section as follows:  (1) the amount applicable to the assessment on public utility, telephone utility, radio common carrier and electric utility companies as provided for by Section 58-4-60, Code of Laws of 1976, (2) the amount to be assessed against gas utility companies as provided for in Section 58-5-940, Code of Laws of 1976, (3) the amount to be assessed against electric light and power companies as provided for in Sections 58-4-60 and 582750, Code of Laws of 1976, and (4) the amount to be covered by revenue from motor transport fees as provided for by Section 5823630, and other fees as set forth in Section 58-4-60, Code of Laws of 1976.  The amount to be assessed against railroad companies shall consist of all expenses related to the operations of the Railway subprogram of the Agency’s Transportation Division, to include the related distribution of salary increments and employer contributions not reflected in the related subprogram of this act as set forth in Section 584-60, Code of Laws of 1976.
     73.3.      (ORS: Assessment Adjustments)  If the Office of Regulatory Staff determines that a person or entity subject to Title 58 of the 1976 Code has been assessed an amount greater than that authorized by Sections 58-4-60, 58-3-100 and 58-3-540, the Office of Regulatory Staff shall, at its discretion:
           (a)      refund the person or entity the amount of over collection using funds from the current fiscal year;
           (b)      refund the person or entity the amount of over collection using any unexpended funds from the prior fiscal year;
           (c)      credit the amount the person or entity will be assessed in the next fiscal year for the amount of over collection; or
           (d)      any combination of these.
     The Office of Regulatory Staff, when determining the amount to be assessed in the next fiscal year, may take into consideration any underpayment or overpayment by a person or entity during a given year.  Any unexpended funds from revenue generated pursuant to this section may be retained and carried forward and expended for the same purposes.

SECTION 74 - R08-WORKERS’ COMPENSATION COMMISSION

     74.1.      (WCC: Medical Services Provider Manual Revenue)  All revenue earned from the sale of the commission’s publication Medical Services Provider Manual shall be retained by the agency to be used for the printing and distribution of subsequent revised editions of the schedule.
     74.2.      (WCC: Educational Seminar Revenue)  All revenue earned from educational seminars shall be retained by the agency to be used for the printing of educational materials and other expenses related to conducting the seminar.
     74.3.      (WCC: Retention of Filing Fees)  The Workers’ Compensation Commission is authorized to retain and expend all revenues received as a result of a $25.00 filing fee for each requested hearing, settlement, or motion.  If it is determined that the individual is indigent, this filing fee must be waived.

SECTION 75 - R12-STATE ACCIDENT FUND

     75.1.      (SAF: Educational Seminar Revenue)  The State Accident Fund is authorized to set and collect fees for educational seminars.  All revenue earned from educational seminars shall be retained by the agency and used for supplies, materials, and other expenses relating to the seminars.

SECTION 78 - R20-DEPARTMENT OF INSURANCE

     78.1.      (INS: Examiners Travel/Subsistence Reimbursement)  Notwithstanding the limitations in this act as to amounts payable or reimbursable for lodging, meals, and travel, the Department of Insurance is authorized to reimburse department examiners in accordance with guidelines established by the National Association of Insurance Commissioners only when the State is reimbursed by an insurance company for the travel and subsistence expenses of Insurance Department examiners pursuant to Section 38-13-10 of the 1976 Code.
     78.2.      (INS: Reimbursement Carry Forward)  Reimbursements received for Data Processing Services, Revenue, Miscellaneous Revenue and Sale of Listings and Labels shall be retained for use by the department.  These funds may be carried forward in the current fiscal year. The Department of Insurance is authorized to pay the annual dues, not to exceed $10,000 for the South Carolina Senate and the South Carolina House of Representatives for membership in the National Council of Insurance Legislators from funds collected under this proviso.
     78.3.      (INS: Fees for Licenses)  The Department of Insurance shall be authorized to charge a twenty-five dollar initial producer license fee; a twenty-five dollar biennial producer license renewal fee; and a two hundred-fifty dollar penalty fee for late appointment renewals.  The director shall specify the time and manner of payment of these fees.  These fees shall be retained by the department for the administration of Title 38.
     78.4.      (INS: High-Cost Medications Cost Sharing Support)  The Department of Insurance shall create a new program within the South Carolina Health Insurance Pool to provide cost-sharing support for individuals requiring assistance to afford high-cost medications.  The program shall be intended to lessen the burden of high cost-sharing medications.  In order to become eligible for the program, an individual must:
     (1)      Be a person who is a resident of this State for 30 days, and his or her newborn child;
     (2)      Be enrolled in a commercial healthcare plan, including a qualified health plan through the exchange, or Medicare; and
     (3)      Have evidence of either a pre-existing condition reliant on a specialty medication or have a past or expected medication prescription for which cost sharing would exceed $100.
     The program shall provide cost sharing support at the point of sale for a prescription drug, according to an enrollee's income.  Such amounts shall limit the patient liability for a prescription to (a) $50 for individuals with incomes less than or equal to 400 percent of the federal poverty level, or (b) $100 for individuals with incomes greater than 400 percent of the federal poverty level.
     Costs incurred by the program shall count towards the annual out-of-pocket threshold required by Sections 1201 and 1302 of the Federal Affordable Care Act, to the extent permitted by federal law.

SECTION 79 - R23-BOARD OF FINANCIAL INSTITUTIONS

     79.1.      (FI: Supervisory Fees)  The Board of Financial Institutions shall fix supervisory fees of banks, savings and loan associations and credit unions on a scale which, together with fees collected by the Consumer Finance Division will fully cover the total funds expended under this section.
     79.2.      (FI: National Mortgage Settlement Carry Forward)  Funds received by the Consumer Finance Division pursuant to the State-Federal National Mortgage Settlement for enforcement and regulation may be retained, expended, and carried forward from the prior fiscal year into the current fiscal year and used for the same purposes.

SECTION 80 - R28-DEPARTMENT OF CONSUMER AFFAIRS

     80.1.      (CA: Consumer Protection Code Violations Revenue)  Funds, paid to the department in settlement of cases involving violations of the South Carolina Consumer Protection Code and other statutes enforced by the department be retained and expended within the agency’s budget to help offset the costs of investigating, prosecuting, and the administrative costs associated with these violations, may be carried forward and expended for the same purposes in the current fiscal year.
     80.2.      (CA: Student Athlete/Agents Registration)  Funds received by the department of Consumer Affairs pursuant to registrations under Chapter 102, Title 59 of the 1976 Code may be retained by the department for its enforcement duties relating to athlete agents and student athletes under that chapter.
     80.3.      (CA: Expert Witness/Assistance Carry Forward)  Unexpended encumbered appropriated funds for the Consumer Advocacy expert witness/assistance program (under Section 37-6-603) may be carried forward into the next fiscal year to meet contractual obligations existing at June thirtieth and not paid by July thirty-first.
     80.4.      (CA: Registered Credit Grantor Notification and Maximum Rate Filing Fees Retention)  The Department of Consumer Affairs may retain all Consumer Credit Grantor Notification filing fees collected under Section 37-6-203 and all Maximum Rate Schedules filing fees collected under Section 37-2-305 and Section 37-3-305.  These fees shall be used to offset the cost of administering and enforcing Chapters 2 and 3, Title 37 of the 1976 Code and may be applied to the cost of operations.  Unexpended balances may be carried forward for the prior fiscal year into the current fiscal year and be utilized for the same purposes.
     80.5.      (CA: Retention of Fees)  For Fiscal Year 2012-13 2013-14, the department may retain all fees collected pursuant to Sections 39-61-80, 39-61-120, 40-39-120, and 44-79-80 of the 1976 Code.  The funds retained shall be utilized to implement the requirements of the programs mandated by those sections of the code.

SECTION 81 - R36-DEPARTMENT OF LABOR, LICENSING AND REGULATION

     81.1.      (LLR: Fire Marshal - Authorization to Charge Fees for Training)  The Fire Academy may charge participants a fee to cover the cost of education, training programs, and operations.  The revenue generated may be applied to the cost of operations, and any unexpended balance may be carried forward to the current fiscal year and utilized for the same purposes.
     81.2.      (LLR: Real Estate - Special Account)  Revenue in the Real Estate Appraisal Registry account shall not be subject to fiscal year limitations and shall carry forward each fiscal year for the designated purpose.
     81.3.      (LLR: POLA - 10%, Other Funds)  The Professional and Occupational Offices in Program II.F. Professional and Occupational Licensing must remit annually an amount equal to 10% of the expenditures to the general fund.  The Contractor’s Licensing Board must remit all revenues above their expenditures to the general fund.  The revenue remitted by the Contractor’s Licensing Board to the general fund includes the 10%.
     81.4.      (LLR: Fire Marshal Fallen Firefighters Memorial)  The Department of Labor, Licensing and Regulation - Division of the State Fire Marshal is authorized to accept gifts or grants of services, properties, or monies from individuals or public and private organizations to honor South Carolina firefighters who have died in the line of duty.  All excess monies collected to erect a memorial are to be placed in a fund for upkeep and maintenance.  Any later contributions are to be used for upkeep and maintenance.
     81.5.      (LLR: Firefighter Mobilization Project)  The Department is directed to utilize $165,000 of the funds derived under Section 2 of Act 1377 of 1968, as amended by Act 60 of 2001 from the tax of thirty-five one-hundredths percent imposed annually on the gross premium receipts less premiums returned on canceled policy contracts and less dividends and returns of unabsorbed premium deposits of all fire insurance companies doing business in the State to fund the Firefighter Mobilization Project.
     81.6.      (LLR: Match for Federal Funds)  State appropriations to the Department of Labor, Licensing, and Regulation that are required to provide match for federal grant programs in the prior fiscal year may be carried forward into the current fiscal year and expended for the same purpose as originally appropriated.
     81.7.      (LLR: Flexibility)  In order to provide maximum flexibility in absorbing the general fund reductions to the OSHA and OSHA Voluntary Programs, the Department of Labor, Licensing, and Regulation shall be authorized to spend agency earmarked and restricted accounts to maintain these critical programs previously funded with general fund appropriations.  Any increase in spending authorization for these purposes must receive the prior approval of the Office of State Budget.
     81.8.      (LLR: Immigration Bill Funding Report)  Prior to any funds carried forward from the prior fiscal year in Subfund 3135 being transferred to fund any other purpose, $250,000 must be retained by the Department of Labor, Licensing, and Regulation to fund the department's responsibilities under the South Carolina Illegal Immigration Reform Act.  The department shall compile an accountability report outlining expenditures of the Immigration Bill funding to be issued to the President Pro Tempore of the Senate, the Chairman of the Senate Finance Committee, the Chairman of the Senate Finance Natural Resources and Economic Development Subcommittee, the Speaker of the House of Representatives, the Chairman of the House Ways and Means Committee, and the Chairman of the House Ways and Means Transportation and Regulatory Subcommittee.  Said report must be issued on the first Tuesday of February 2012 2014.
     81.9.      (LLR: Authorized Reimbursement)  The Director of the Department of Labor, Licensing, and Regulation cannot authorize reimbursement under Section 40-1-50(A) of the 1976 Code to members of any board listed in Section 40-1-40(B) for meetings held at any location other than the offices of the department unless there has been a determination that the department is unable to provide space for the meeting in a state owned or leased facility in Richland or Lexington County.
     81.10.      (LLR: Illegal Immigration Hotline Assistance)  Upon the request of the Commission on Minority Affairs, the Department of Labor, Licensing, and Regulation shall provide assistance to establish and maintain a twenty-four hour toll free telephone number and electronic website to receive, record, collect, and report allegations of violations of federal immigration laws or related provisions of South Carolina law by any non-United States citizen or immigrant, and allegations of violations of any federal immigration laws or related provisions in South Carolina law against any non-United States citizen or immigrant.
     Such violations shall include, but are not limited to, E-Verify or other federal work authorization program violations, violations of Chapter 83, Title 40 of the 1976 Code relating to immigration assistance services, or any regulations enacted governing the operation of immigration assistance services, false or fraudulent statements made or documents filed in relation to an immigration matter, as defined by Section 40-83-20, violation of human trafficking laws, as defined in Section 16-3-930, landlord tenant law violations, or violations of any law pertaining to the provision or receipt of public assistance benefits or public services.
     81.11.      (LLR: Board of Pharmacy)  The Board of Pharmacy must accept affidavits of practical experience from interns whose practical experience internships occurred in this State.  The affidavit must provide that the supervising pharmacist and the site of experience is licensed and in good standing with the board and that the internship falls within the criteria for internships set by the board.  The affidavit must be accompanied by a ten dollar fee to cover administrative costs associated with compliance with this proviso.
     81.12.      (LLR: Office of State Fire Marshal - Clothing)  The Department of Labor, Licensing, and Regulation is authorized to purchase and issue clothing to the non-administrative staff of the Office of the State Fire Marshal that are field personnel working in a regulatory aspect and/or certified to be a resident state fire marshal.

SECTION 82 - R40-DEPARTMENT OF MOTOR VEHICLES

     82.1.      (DMV: Miscellaneous Revenue)  Revenue received from the sale of legal manuals and other publications, postal reimbursement, third party commercial driver license testing, photo copying, sale of miscellaneous refuse and recyclable materials, insurance claim receipts, and tuition from non-mandated, advanced, or specialized courses shall be retained by the department and expended in budgeted operations and other related services or programs as the Director of the Department of Motor Vehicles may deem necessary.  The Department of Motor Vehicles shall report annually to the General Assembly the amount of miscellaneous revenue retained and carried forward.
     82.2.      (DMV: Federal, Other Flow Through Funds)  In order to complete projects begun in a prior fiscal year, the Department of Motor Vehicles is authorized to expend federal and earmarked funds in the current fiscal year for expenditures incurred in the prior fiscal year.
     82.3.      (DMV: Publish County DMV Local Telephone Number)  From the funds appropriated in Part IA, Section 82 to the Department of Motor Vehicles, it is the intent of the General Assembly that the Department of Motor Vehicles in each county should have a local telephone number that is published.
     82.4.      (DMV: Cost Recovery Fee/Sale of Photos or Digitized Images)  The Department of Motor Vehicles may collect processing fees and fees to recover the costs of the production, purchase, handling and mailing of documents, publications, records and data sets.  The amount charged by the Department of Motor Vehicles for any fees collected pursuant to this proviso may not exceed the rates that the department charged as of February 1, 2001.  The Department of Motor Vehicles may not sell, provide or otherwise furnish to private parties, copies of photographs, whether digitized or not, taken for the purpose of a driver’s license or personal identification card.  Photographs and digitized images from a driver’s license or personal identification card are not considered public records.  Funds derived from these sources shall be retained by the department.
     82.5.      (DMV: DPPA Compliance Audit)  The Department of Motor Vehicles may charge fees to defray the costs associated with auditing and enforcing compliance of all Federal or State statutes and regulations pertaining to personal information for customers receiving information disseminated by the department as allowed by law.  This provision does not pertain to state agencies.  The Comptroller General shall place the funds into a special restricted account to be used by the department.
     82.6.      (DMV: Motor Carrier Advisory Committee)  From the funds appropriated and/or authorized to the Department of Motor Vehicles, the department is directed 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 this industry.  The members of the advisory committee shall serve without compensation.
     82.7.      (DMV: Underutilized Offices)  The Director of the Department of Motor Vehicles is authorized to develop and implement a plan to reduce the hours of operation in underutilized DMV field offices; however the legislative delegation of the county in which the affected field office is located must be notified prior to implementation of the plan.  In addition, the director shall review field offices which have a high volume of traffic to determine whether it would be beneficial to expand the hours of operation.
     82.8.      (DMV: Facial Recognition Program)  The Department of Motor Vehicles is directed to utilize the funds authorized for the agency to continue the Facial Recognition Program.

SECTION 83 - R60-DEPARTMENT OF EMPLOYMENT AND WORKFORCE

     83.1.      (DEW: SCOICC User Fee Carry Forward)  All user fees collected by the South Carolina Occupational Information Coordinating Committee through the Department of Employment and Workforce may be retained by the SCOICC to be used for the exclusive purpose of operating the South Carolina Occupational Information System.  All user fees not expended in the prior fiscal year may be carried forward for use in the current fiscal year.
     83.2.      (DEW: Consortium Contracts: Training-Development Sessions and Media Services)  All earmarked funds collected for the LMI - Training-Development Sessions; Media Services and Program Contracts through the Department of Employment and Workforce may be retained by the agency to be used for the exclusive purpose of operating these programs.  All funds not expended in the prior fiscal year may be carried forward for use in the current fiscal year.
     83.3.      (DEW: Federal and Earmarked Prior Year Payments)  The Department of Employment and Workforce shall be allowed to pay federal and earmarked prior year obligations with current year funds.
     83.4.      (DEW: WIA Prior Year Payments)  The Department of Employment and Workforce shall be allowed to pay Workforce Investment Act prior-year obligations with current year funds.
     83.5.      (DEW: Transparency of Funding Appropriation)  In order to promote accountability and transparency, the Department of Employment and Workforce must provide and release to the public via the agency's website, a report of all aggregate amounts of taxes, fees and payments that were charged, collected and paid by that state agency in the prior fiscal year.  For the purpose of efficiency and conservation of resources, this report shall be incorporated into the Trust Fund Report due by October 1st as required by Section 41-33-45 of the 1976 Code.  In addition to the requirements of Section 41-33-45, the Trust Fund Report The report shall include, but not be limited to:  (1) SUTA taxes collected per Tier; (2) unemployment benefit claims paid; (3) how many unemployment claims were made in error; (4) loan repayments made to the federal government; and (5) the amount of funds left in the agency’s account at the end of the fiscal year.  The report must be posted online by September October first of the current fiscal year.  Additionally, the report must be delivered to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee by September October first.  Funds appropriated to and/or authorized for use by the department shall be used to accomplish this directive.
     83.6.      (DEW: SUTA Contingency Assessment Funds)  Thirty percent of the funds appropriated through the contingency assessment funds collected on taxable wages paid by employers shall be spent on enforcement of Section 41-35-110(3) and Section 41-35-120(5) of the 1976 Code, via Eligibility Reviews, Random Verification of Job Contacts and Wage Cross Matches during those weeks covered by the South Carolina State Unemployment Tax Authority (SUTA), and to ensure seated meetings with Unemployment Insurance claimants and requiring that one of the four job search contacts required per week be conducted through SC Works Online System (SCWOS), so that it can be electronically verified.  The agency must also inform claimants in advance that Eligibility Reviews and Random Verification of Job Contacts will be used by the Department to verify compliance with laws administered by the agency.
     83.7.      (DEW: Negotiation of Interest)  By October 1, 2012 2013, the Department of Employment and Workforce must develop and implement a plan to seek a waiver of interest on the state’s FUA loan debt in order to mitigate the impact of the interest payments on South Carolina employers.
     83.8.      (DEW: Local Offices)  Of the funds appropriated to or authorized for the Department of Employment and Workforce within the Unemployment Insurance division, the department is given flexibility to use funds from available areas to maintain funding for the administrative and operating costs of Unemployment Insurance centers in each county.  The department shall use up to $1,500,000 to provide all counties affected by the February 2013 regionalization of unemployment services with a functioning Unemployment Insurance center for claimants in every county to assist with both unemployment insurance claims and reemployment training.  These centers may share office space with other state or local government agencies.  The department shall make known to the public the location and regular operating hours of the centers for each county.

SECTION 84 - U12-DEPARTMENT OF TRANSPORTATION

     84.1.      (DOT: Expenditure Authority Limitation)  The Department of Transportation is hereby authorized to expend all cash balances brought forward from the previous year and all income including all federal funds, unexpended general funds and proceeds from bond sales accruing to the Department of Transportation, but in no case shall the expenditures of the Department of Transportation exceed the amount of cash balances brought forward from the preceding year plus the amount of all income including federal funds, general funds and proceeds from bond sales.
     84.2.      (DOT: Special Fund Authorization)  The Department of Transportation with the approval of the State Treasurer, is hereby authorized to set up with the State Treasurer such special funds out of the Department of Transportation funds as may be deemed advisable for proper accounting purposes.
     84.3.      (DOT: Secure Bonds & Insurance)  The Department of Transportation is hereby authorized to secure bonds and insurance covering such activities of the department as may be deemed proper and advisable, due consideration being given to the security offered and the service of claims.
     84.4.      (DOT: Benefits)  Employees of the Department of Transportation shall receive equal compensation increases, health insurance benefits and employee bonuses provided in this act for employees of the State generally.  The amount will be funded from Department of Transportation funding sources.
     84.5.      (DOT: Document Fees)  The Department of Transportation is hereby authorized to establish an appropriate schedule of fees to be charged for copies of records, lists, bidder’s proposals, plans, maps, etc. based upon approximate actual costs and handling costs of producing such copies, lists, bidder’s proposals, plans, maps, etc.
     84.6.      (DOT: Meals in Emergency Operations)  The Department of Transportation may provide meals to employees of the department who are not permitted to leave assigned duty stations and are required to work during deployment, emergency simulation exercises, and when the Governor declares a state of emergency.
     84.7.      (DOT: Rest Area Water Rates)  For the current fiscal year, rest areas of the Department of Transportation shall be charged in-district water rates by providers of water and sewer services, unless the rate currently charged by the provider is less than in-district rates.
     84.8.      (DOT: Shop Road Farmers Market Bypass Carry Forward)  Unexpended funds appropriated for the Shop Road Farmers Market Bypass may be carried forward into the current fiscal year and expended for the matching requirement for the widening and expansion of Leesburg Road from Fairmont to Wildcat Road (Lower Richland roads-Phase I).
     84.9.      (DOT: Utilities Relocation)  (A) From the funds appropriated to the Department of Transportation, there is established the Utilities Relocation Study Committee to review, study, and make recommendations concerning the need for improved coordination and funding of the relocation of water and sewer facilities, and the facilities of public utilities as defined in Title 58 of the 1976 Code, located within the public rights-of-way when such relocation is required due to the construction or improvement of roads and bridges in the state.
     (B)      The Utilities Relocation Study Committee is to:
                 (1)      identify and categorize a statewide estimate of the historical, current and anticipated costs associated with the relocation of water and sewer and public utilities inside and outside the rights-of-way owned by state agencies, counties, municipalities, or local water or sewer districts resulting from highway projects;
                 (2)      determine as accurately as possible the percentage of the statewide cost estimate attributable to South Carolina Department of Transportation projects, State Transportation Infrastructure Bank projects, local-option sales tax projects involving state roads, local road projects, and County Transportation Committee projects;
                 (3)      identify potential sources of sustainable funds that may be used by state agencies, counties, municipalities, local water or sewer districts, or public utilities for utility relocation costs including, but not limited to, existing state and federal loan and grant programs, appropriations from the state general fund, contributions from public utilities, and other sustainable sources;
                 (4)      identify any legal obstacles that impact the ability of state agencies, counties, municipalities, or local water or sewer districts to fund the relocation of utilities;
                 (5)      investigate the creation of a utilities relocation trust fund to assist in relocation costs either through loans, grants, matching funds, or other means, and recommend the appropriate entity to house and administer the trust fund, the terms and conditions under which funding might be provided, and the general criteria used for evaluating funding applications;
                 (6)      identify ways to improve coordination and reduce impacts through the use of communication, technology and improved management techniques; and
                 (7)      recommend changes to public policy, regulations, or statutes that would improve funding or reduce costs associated with utility relocations resulting from road and bridge projects.
     (C)      The Utilities Relocation Study Committee must be composed of fifteen members.  Notwithstanding the provisions of Section 8-13-770, the committee is composed of:
                 (1)      one member appointed by the President Pro Tempore of the Senate;
                 (2)      one member appointed by the Speaker of the House of Representatives;
                 (3)      one member appointed by the Majority Leader of the Senate;
                 (4)      one member appointed by the Majority Leader of the House of Representatives;
                 (5)      one member appointed by the Minority Leader of the Senate;
                 (6)      one member appointed by the Minority Leader of the House of Representatives;
                 (7)      one member appointed by the Governor;
                 (8)      the Secretary of Transportation, or his designee;
                 (9)      the Chairman of the South Carolina Department of Transportation Commission, or his designee;
                 (10)      one member representing the South Carolina Rural Water Association;
                 (11)      one member representing the Water Utility Council of South Carolina;
                 (12)      one member representing the South Carolina Water Quality Association;
                 (13)      one member representing the Municipal Association of South Carolina;
                 (14)      one member representing the South Carolina Association of Counties; and
                 (15)      one member representing the South Carolina Association of Special Purpose Districts.
     (D)      The members of the study committee shall serve without compensation and may not receive mileage or per diem.
     (E)      The Utilities Relocation Study Committee shall make a report of its findings and recommendations to the General Assembly no later than June 30, 2013, at which time the study committee terminates.
     84.10.      (DOT: Non-Federal Aid Highway Fund)  DELETED
     84.11.      (DOT: Evaluation of Outsourcing)  DELETED
     84.12.      (DOT: FEIS Funding)  DELETED
     84.13.      (DOT: Hanahan Permit Negotiation)  DELETED

SECTION 87 - U30 - DIVISION OF AERONAUTICS

     87.1.      (AERO: Reimbursement for Services Carry Forward)  The Division of Aeronautics may retain and expend reimbursements derived from charges to other government agencies for service and supplies for operating purposes and that a reserve not to exceed $300,000 may be carried forward to the current fiscal year for the replacement of time limit aircraft components.
     87.2.      (AERO: Office Space Rental)  Revenue received from rental of Division of Aeronautics office space may be retained and expended to cover the cost of building operations.
     87.3.      (AERO: Funding Sequence)  All General Aviation Airports will receive funding prior to the four air carrier airports (i.e. Columbia, Charleston, Greenville-Spartanburg, Myrtle Beach Jetport) as these qualify for special funding under the DOT/FAA appropriations based on enplanements in South Carolina.  This policy may be waived to provide matching state funds for critical FAA safety or capacity projects at air carrier airports.
     87.4.      (AERO: Hangar/Parking Facilities)  The Division of Aeronautics will provide hangar/parking facilities for government owned and/or operated aircraft on a first come basis.  Funds shall be retained by the division for the purpose of hangar and parking facility maintenance.  The Hangar Fee Schedule shall be determined by the division and shall not exceed local average market rates.
     Personnel from the agencies owning and/or operating aircraft will be responsible for ground movement of their aircraft.
     87.5.      (AERO: Airport Development)  Any line item appropriation for airports shall be disbursed for eligible airport development items as approved by the Aeronautics Commission.
     87.6.      (AERO: Grant Funds Carry Forward)  Any unexpended balance on June thirtieth, of the prior fiscal year, for Matching National Grant Funds, may be carried forward to the current fiscal year and used for matching committed and/or unanticipated grant funds.
     87.7.      (AERO: Aviation Grants)  The funds appropriated for Aviation Grants, in this bill or any bill supplemental thereto, shall be credited to the State Aviation Fund within the Division of Aeronautics for the following purposes:
           (1)      to allow the maximization of grant funds available through the Federal Aviation Administration for capital improvement projects;
           (2)      for maintenance projects of general aviation airports; and or
           (3)      for aviation education related programs including, but not limited to, educating young people about careers in the aviation industry and/or the promotion of aviation in general.
     Sponsors of publicly owned airports for public use are eligible to receive grants pursuant to this provision, but the airport must have a current development plan that meets the planning requirements of the National Plan of Integrated Airports Systems.
     The Aeronautics Commission shall promulgate regulations establishing the grants program that, at a minimum, address: (1) priorities among improvements qualifying for grants; (2) an airport selection process to ensure an equitable distribution of funds among eligible airports; and (3) the criteria for distribution of funds among eligible airports.
     Enabling airport sponsors to meet basic Federal Aviation Administration safety guidelines for obstruction clearance must be a major factor in the priority guidelines established by the Aeronautics Commission pursuant to this provision.  The Commission also shall have discretion consistent with Section 55-5-170 of the 1976 Code to establish a program to grant Aviation Fund dollars for these purposes at the ratio of eighty percent from the fund to twenty percent from the local airport sponsor, or any ratio with a smaller relative contribution from the fund.
     A report on the expenditure of these funds shall be submitted to the Senate Finance Committee and the House Ways and Means Committee.
     Unspent funds from the prior fiscal year may be carried forward to the current fiscal year and spent for like purposes.
     87.8.      (AERO: Grant Match Funds)  The funds appropriated to the Division of Aeronautics for FAA grant matching, may be used to match state and local aviation airports projects whether or not they have received FAA funding.  Any funds must be approved by the Aeronautics Commission prior to being awarded.
     87.9.      (AERO: Capital Improvement Projects)  DELETED

SECTION 88 - Y14-STATE PORTS AUTHORITY

     88.1.      (SPA: Charleston Cooper River Bridge Project)  The State Ports Authority shall, from other general fund or operating fund surplus available and any funds appropriated to the authority in prior fiscal years and left unexpended as of July 1, 2012 2013, pay to the State Transportation Infrastructure Bank one million dollars before June 30, 2013 2014, to continue the Charleston Cooper River Bridge Project.
     88.2.      (SPA: Georgetown Port Marketing)  The State Ports Authority will continue its cargo diversification strategy which enhances the marketing of all terminal capabilities in Charleston and Georgetown highlighting cruise, breakbulk, bulk, and roll on/roll-off.
     88.3.      (SPA: Harbor Deepening Reserve Fund)  There is created within the The State Ports Authority shall maintain the Harbor Deepening Reserve Fund.  This fund shall be separate and distinct from the General Fund and interest accrued by the fund must remain in the fund.  This fund must be used exclusively by the South Carolina Ports Authority for the activities associated with deepening the state's harbors.  Prior to expending any amount from the fund, the State Ports Authority must present a comprehensive plan for the use of the fund for harbor deepening to the Joint Bond Review Committee for review and comment.  These funds shall be carried forward from the prior fiscal year into the current fiscal year and must be used for the same purpose.

SECTION 91 - A99-LEGISLATIVE DEPARTMENT

     91.1.      (LEG: Legislative Employee Designations)  The positions included in this section designated (P) shall denote a permanent employee and the salary is an annual rate.  The positions designated (T) shall denote a temporary employee and the salary is for a period of six months to be paid at that rate only while the General Assembly is in session.  The positions designated as (Interim) shall denote a temporary employee and the salary is for a period of six months to be paid at that rate while the General Assembly is not in session.  The positions designated (PTT) shall denote part-time temporary employees on a twelve-months basis.  The positions designated (PPT) shall denote permanent part-time employees retained for full-time work for a period of months or the duration of the legislative session.  The House of Representatives shall maintain an internal record denoting permanent, temporary, interim, part-time temporary, and permanent part-time employees.
     91.2.      (LEG: Legislative Employee BPI/Merit)  Legislative employees designated (P) or (PPT) shall receive base pay and average merit pay in the same manner as such pay is granted to classified state employees, but for purposes of this paragraph, the term "legislative employees" does not include employees of the House of Representatives.  From the funds appropriated for Employee Pay Increases, the Speaker of the House and the President Pro-Tem of the Senate shall determine the amount necessary for compensation of the employees of the House and Senate.
     91.3.      (LEG: Interim Expenses Allowance)  The Chairman of the Standing House and Senate Committees shall each be allowed the sum of six hundred and fifty dollars for expenses during the interim, between sessions of the General Assembly, to be paid from the House or Senate approved accounts, with each body paying the expense allowance of the chairman in its membership.  The Speaker of the House is authorized to approve not more than six hundred and fifty dollars for expenses during the interim for Chairmen of the Standing Committees of the House.
     91.4.      (LEG: Subsistence/Travel Regulations)  (A)  Members of the General Assembly shall receive subsistence for each legislative day that the respective body is in session and in any other instance in which a member is allowed subsistence expense.  No member of the General Assembly except those present are eligible for subsistence on that day.  Legislative day is defined as those days commencing on the regular annual convening day of the General Assembly and continuing through the day of adjournment sine die, excluding Friday, Saturday, Sunday, and Monday.
     (B)       Standing Committees of the Senate and House of Representatives are authorized to continue work during the interim; however, House members must receive advanced approval by the Speaker of the House and Senate members must receive advanced approval by the President Pro Tempore of the Senate or Standing Committee Chairman to meet.  If such advanced approval is not received, the members of the General Assembly shall not be paid the per diem authorized in this provision.  When certified by the Speaker of the House, President Pro Tempore of the Senate, or Standing Committee Chairman, the members serving on such committees shall receive a subsistence and mileage at the rate provided for by law, and the regular per diem established in this act for members of boards, commissions, and committees while attending scheduled meetings.  Members may elect to receive actual expenses incurred for lodging and meals in lieu of the allowable subsistence expense.  The funds for allowances specified in this proviso shall be paid to the members of the Senate or House of Representatives from the Approved Accounts of the respective body except as otherwise may be provided.
     (C)       Joint Study Committees created pursuant to Acts and Resolutions of the General Assembly are authorized to continue work during the interim to secure such information and complete such investigations as may be assigned to the respective committees; however, House members must receive advanced approval by the Speaker of the House and Senate members must receive advanced approval by the President Pro Tempore of the Senate or Standing Committee Chairman to meet.  If such advanced approval is not received, the House and Senate members of the Joint Study Committee shall not be paid the per diem authorized in this provision.  When certified by the appropriate authority, the members appointed to such committees shall receive a subsistence and mileage at the rate provided for by law, and the regular per diem established in this act for members of boards, commissions, and committees while attending scheduled meetings.  Members may elect to receive actual expenses incurred for lodging and meals in lieu of the allowable subsistence expense.  The allowances specified in this proviso shall be paid from funds appropriated to the respective committees for such purposes, or from Approved Accounts of the respective body of the General Assembly if no funds have been appropriated to such a committee for these purposes.
     (D)       Members of the Senate and the House of Representatives when traveling on official State business shall be allowed a subsistence and transportation expenses as provided for by law, and the regular per diem established in this act for members of boards, commissions, and committees upon approval of the appropriate chairman.  When traveling on official business of the Senate or the House of Representatives not directly associated with a committee of the General Assembly, members shall be paid the same allowance upon approval of the President Pro Tempore of the Senate or the Speaker of the House of Representatives.  In either instance, the members may elect to receive actual expenses incurred for lodging and meals in lieu of the allowable subsistence expense.  The funds for the allowances specified in this proviso shall be paid from the Approved Accounts of the Senate or the House of Representatives or from the appropriate account of the agency, board, commission, task force or committee upon which the member serves.
     (E)       Members of the House of Representatives shall not be reimbursed for per diem, subsistence, or travel in connection with any function held outside of the regular session of the General Assembly unless prior approval has been received from the Speaker of the House.
     (F)       Notwithstanding any other provision of law, subsistence and mileage reimbursement for members of the General Assembly shall not exceed the level authorized by the Internal Revenue Service as of June 30, 2008 for the Columbia area.
     91.5.      (LEG: Senate Voucher Approval)  All payroll vouchers, disbursement vouchers, and interdepartmental transfers of the Senate shall only require the approval of the Clerk of the Senate.
     91.6.      (LEG: Supplies Approval)  All supplies for the Senate shall be purchased only upon the authority of the Clerk of the Senate and all supplies for the House of Representatives shall be purchased only upon the authority of the Clerk of the House.
     91.7.      (LEG: House Pages)  Up to one hundred forty-four Pages may be appointed pursuant to House policies and procedures and they shall be available for any necessary service to the House of Representatives.
     91.8.      (LEG: Senate Research Personnel Compensation)  Senate Research personnel other than Directors of Research and the committee research staff shall be paid from funds appropriated for Senate Research at the direction of the Clerk of the Senate.
     91.9.      (LEG: Contract for Services)  The Standing Committees of the Senate may, upon approval of the President Pro Tempore, contract with state agencies and other entities for such projects, programs, and services as may be necessary to the work of the respective committees. Any such projects, programs, or services shall be paid from funds appropriated for contractual services.
     91.10.      (LEG: Jt. Leg. Committee Operational Authorization)  Only the Joint Legislative Committees for which funding is provided herein are authorized to continue operating during the current fiscal year under the same laws, resolutions, rules or regulations which provided for their operations during the prior fiscal year.
     91.11.      (LEG: Legislative Carry Forward)  In addition to the funds appropriated in this section, the funds appropriated under Part IA, Sections 91A, 91B, 91C, 91D, and 91E for the prior fiscal year which are not expended during that fiscal year may be carried forward to be expended for the same purposes in the current fiscal year.
     91.12.      (LEG: Senate Expenditures/O&M Committee)  Notwithstanding any limitation or other provisions of law to the contrary, funds expended by the Senate for salary adjustments, professional fees and dues, and necessary expenses, supplies, and equipment for Senate employees, must be paid from funds appropriated to the Senate Operations and Management Committee and funds available in approved accounts of the Senate, and shall be authorized and allocated in such manner as determined by the Senate Operations and Management Committee.  From the funds annually allocated to each Senator and Representative for postage and telephone, $250 may be used to purchase American and State flags.
     91.13.      (LEG: In-District Compensation)  All members of the General Assembly shall receive an in-district compensation of $1,000 per month effective January 1, 1995.
     91.14.      (LEG: Additional House Support Personnel)  From the funds appropriated to the House of Representatives in Part IA, $287,500 shall be dedicated for the administration and operation of the Legislative Aide program pursuant to the policies and procedures as determined by the House Operations and Management Committee.
     91.15.      (LEG: House Postage)  The Speaker of the House is authorized to approve no more than $600 per member per fiscal year for postage.
     91.16.      (LEG: Legislative Dual Employment)  Each committee and joint legislative committee provide a list to the members of the General Assembly of all employees who hold dual positions of state employment.
     91.17.      (LEG: Code of Law Reimbursement)  The Legislative Council may require reimbursement from public sector recipients except for the General Assembly of its cost of acquiring codes of law, supplements, or replacement volumes distributed to them.
     91.18.      (LEG: Bonded Indebtedness Oversight Study)  The Senate Finance Committee shall undertake a study of the state's processes for oversight of bonded indebtedness.  Funds provided herein for this purpose shall be used to enable the committee to obtain assistance and expertise as necessary to fully evaluate the processes.  The Chairman of the Senate Finance Committee may engage consultants or experts in the field of bond financing or in other fields of expertise as necessary to provide the committee with timely and accurate information.
     91.19.      (LEG: Statewide Acts Availability)  From the funds appropriated in Part IA, Section 91D of this Act, for the current fiscal year the clerks of the House of Representatives and the Senate are to make all statewide Acts available to the public electronically.  The provisions of this section are in lieu of the House and Senate Clerks’ duties related to the printing and mailing of acts as set forth in Sections 2-7-80, 2-13-190, 2-13-210, and 11-25-640 through 11-25-680 of the 1976 Code.
     91.20.      (LEG: LAC Matching Federal Funds)  The Legislative Audit Council is authorized to use funds appropriated in this act as state matching funds for federal funds available for audits and reviews.  The council is also authorized to charge state agencies for federal funds, if available, for the costs associated with audits and reviews.  Agencies shall remit the federal funds to the Legislative Audit Council as reimbursement for the costs of audits and reviews.
     91.21.      (LEG: Other Funds Oversight Committee)  There is created a joint committee of the Senate and of the House of Representatives entitled the Other Funds Oversight Committee.  The committee shall consist of eight members as follows:  the Chairman of the Senate Finance Committee, or his designee; one member of the Senate Finance Committee appointed by the Chairman of the Senate Finance Committee; the Chairman of the House of Representatives Ways and Means Committee, or his designee; one member of the House Ways and Means Committee appointed by the Chairman of the House Ways and Means Committee; the Senate Majority Leader, or his designee; the Senate Minority Leader, or his designee; the House Majority Leader, or his designee; and the House Minority Leader, or his designee.
     The committee shall review and examine the source of other funds in this State and recommend to the General Assembly the appropriate policy for the receipt, appropriation, expenditure, and reporting of other funds.  In making its determination, the committee shall solicit and receive testimony from state agencies, departments, boards or commissions regarding the status of the receipt of other funds, the conditions of receipt, the expenditure of other funds, and any relevant statistic or measurement.  The committee shall make recommendations to the General Assembly regarding any necessary action.
     Each state agency, department, board, or commission shall cooperate with the committee and provide any information the committee determines is necessary.
     The Office of State Budget must notify the committee of any request for an increase in interim budget authorization resulting from other funds collections that is made by any state agency, department, board, or commission.  The committee shall review each request and recommend appropriate action.
     Members of the committee shall serve without compensation, but are allowed the usual per diem and mileage as provided by law for members of boards, commissions, and committees while on official business.
     For purposes of the proviso, ‘other funds’ means any revenues received by an agency which are not federal funds and are not general funds appropriated by the General Assembly in the appropriations act.
     91.22.      (LEG: Suspend LAC Evaluation)  For Fiscal Year 2012-13 2013-14, the provisions of Section 43-5-1285 of the 1976 Code are suspended.  Any savings generated by the suspension of the evaluation of the South Carolina Family Independence Act of 1995 shall be used to conduct audits required by Section 2-15-60 of the 1976 Code.
     91.23.      (LEG: DMV Audit Review)  For Fiscal Year 2012-13 2013-14, the provisions of Section 56-1-5(F) are suspended.  Any savings generated by not conducting the review shall be used to conduct audits required by Section 2-15-60 of the 1976 Code.
     91.24.      (LEG: Electronic Correspondence)  For Fiscal Year 2012-13 2013-14, the House of Representatives may not expend any funds for the printing or mailing of bills, summaries, committee agendas, etc. to committee members.  The House of Representatives shall send all relevant information concerning committee meetings to committee members via electronic means.
     91.25.      (LEG: Teacher Salary Study Committee)  There is created the Joint Teacher Salary Study Committee.  The committee shall examine the current teacher salary schedule; its relationship to the Education Finance Act, the Education Improvement Act and its relationship to a district's ability to hire and retain quality teachers.  The committee will examine potential changes to the salary schedule that may include a pay for performance model, step increases, frozen salary schedules, National Board Certification Incentive, or anything else related to teacher salaries.
     The committee shall be composed of eight members, which shall be appointed as follows:
           The committee shall consist of eight members as follows:  one member of the Senate appointed by the Chairman of the Senate Finance Committee; one member of the Senate appointed by the Chairman of the Senate Education Committee; one member of the House of Representatives appointed by the Chairman of the House Ways and Means Committee; one member of the House of Representatives appointed by the Chairman of the House Education and Public Works Committee; two members of the Senate to be appointed by the President Pro Tempore of the Senate and two members of the House of Representatives to be appointed by the Speaker of the House.  The members shall elect a chairman at the first meeting of the committee.
     No later than December 1, 2012, the committee shall prepare and deliver a report and recommendation to the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, the Chairman of the Senate Education Committee, and the Chairman of House Education and Public Works Committee.
     Staff will be provided by the House Ways and Means Committee and Senate Finance Committee. Members of the study committee shall serve without compensation for per diem, mileage, and subsistence.
     91.26.      (LEG: EOC Efficiency Review)  Funds appropriated to the Education Oversight Committee for the School District Efficiency Review Pilot Program shall be used to review certain school districts’ central operations with a focus on non-instructional expenditures so as to identify opportunities to improve operational efficiencies and reduce costs for the district.  The Education Oversight Committee shall make the school districts aware of the pilot program, and accept applications to participate in the program.  In the current fiscal year, the Education Oversight Committee shall select at least three applicant school districts to participate.  The Education Oversight Committee may contract with an independent entity to perform the review.  The review shall include, but not be limited to, examinations of (i) overhead, (ii) human resources, (iii) procurement, (iv) facilities use and management, (v) financial management, (vi) transportation, (vii) technology planning, and (viii) energy management.  The review shall not address the effectiveness of the educational services being delivered by the district.  The review shall be completed no later than June 30, 2013.  Upon completion, the Education Oversight Committee shall submit a report to the Chairman of the Senate Finance Committee, Chairman of the Senate Education Committee, Chairman of the House Ways and Means Committee, Chairman of the House Education and Public Works Committee, and the Governor detailing the findings of the review including the estimated savings that could be achieved, the manner in which the savings could be achieved, and the districts’ plan for implementation of the recommendations.  Unexpended funds appropriated for this purpose may be carried forward from the prior fiscal year into the current fiscal year and expended for the same purpose.
     91.27.      (LEG: Committee Member Purchases)  House of Representatives Ways and Means Committee members shall be permitted to purchase new chairs for the committee room from their personal accounts.
     91.28.      (LEG: Technology Panel)  Of the funds appropriated in XII.E.2. for Technology the K-12 Technology Initiative partnership shall provide a report to the House Education and Public Works Committee, the House Ways and Means Committee, the Senate Education Committee and the Senate Finance Committee, describing the state’s efforts to facilitate the cost effective provision of connectivity and internet bandwidth to schools and libraries on a statewide basis, regardless of location, activities to assist schools and libraries in minimizing and detecting internet security threats, the development and utilization of technological and online resources to support student development and achievement, the development and utilization of curriculum and professional training to support the use of instructional technology in schools and libraries, and other educational technology related activities engaged in by the partnership.  The report shall be submitted no later than February 1, 2014.

SECTION 92 - D21-OFFICE OF THE GOVERNOR

     92.1.      (GOV: OEPP - Grant Funds Carry Forward)  Any unexpended balance on June thirtieth, of the prior fiscal year, in Part IA, Section 92B "Implementing Federal Programs" may be carried forward to the current fiscal year and used for matching committed and/or unanticipated grant funds.
     92.2.      (GOV: OEPP - Development Disabilities Case Coordination System)  Of the funds appropriated to the Governor’s Office of Executive Policy and Programs, $50,000 must be used as state match for the Developmental Disabilities Council federal grant.  These funds shall be excluded from the Governor’s Office of Executive Policy and Programs’ base budget calculation of any across-the-board agency base reductions mandated by the Budget and Control Board or General Assembly.
     92.3.      (GOV: OEPP - CCRS Evaluations & Placements)  The amount appropriated in this section under Special Items Children’s Case Resolution System for Private Placement of Handicapped School-Age Children must be used for expenses incurred in the evaluation of children referred to the CCRS to facilitate appropriate placement and to
pay up to forty percent when placement is made in-state and up to thirty percent when placement must be made out-of-state of the excess cost of private placement over and above one-per-pupil share of state and local funds generated by the Education Finance Act, and the one-per-pupil share of applicable federal funds; provided it has been established that all other possible public placements are exhausted or inappropriate.  The balance of funding responsibility necessary to provide the child with services must be determined by the Children’s Case Resolution System (CCRS) and apportioned among the appropriate public agencies on the basis of the reasons for the private placement.  When the amount appropriated in this section is exhausted, the funding responsibility must be apportioned according to the procedures of the CCRS.
     92.4.      (GOV: OEPP - CCRS Significant Fiscal Impact)  In accordance with Section 20-7-5240(e) of the 1976 Code, "significant fiscal impact" in the current fiscal year shall be defined for each designated agency as the greater of (1) funds appropriated by the General Assembly for the current fiscal year on cases referred to, decided or placed through the Children’s Case Resolution System or (2) that agency’s assigned shares in the current fiscal year of five cases decided by the Children’s Case Resolution System.
     92.5.      (GOV: Governor’s Office Budget)  All other provisions of law notwithstanding, the Executive Control of State section and Mansion and Grounds section shall be treated as a single budget section for the purpose of transfers and budget reconciliation.
     92.6.      (GOV: OEPP - Victim/Witness Program Formula Distribution)  If funds in the South Carolina Victims’ Compensation Fund exceed the amount required to operate the State Office of Victims Assistance and pay claims of crime victims the first $650,000 of such excess must be used for Victim/Witness programs by distribution to Judicial Circuits based on a formula and criteria developed by the policy committee, and otherwise subject to requirements of Section 60.8 and 92.6 60.9.
     92.7.      (GOV: OEPP - Physical Abuse Examinations)  Of the funds appropriated in this section for Victims’ Rights, up to $120,000 may be expended for physical abuse examinations.
     92.8.      (GOV: OEPP - Foster Care-Private Foster Care Reviews)  The Division of Foster Care is authorized to restructure its programs, including but not limited to, suspending reviews of children privately placed in private foster care and/or changing the location of reviews of children in public foster care, to maintain continuous operations within existing resources as dictated by recent budget reductions.  These decisions must be based upon the availability of existing funds.  This provision supersedes any previous statutory or regulatory mandate.
     92.9.      (GOV: M&G - Mansion and Grounds Budget)  The Governor’s Office of Mansion and Grounds shall not exceed ten percent of its quarterly allocation of funds so as to provide for agency operations on a uniform basis throughout the fiscal year.
     92.10.      (GOV: OEPP - Guardian Ad Litem Program)  Both the program and the funds appropriated to the Governor’s Office, Division of Children’s Services, Guardian ad Litem Program must be administered separately from other programs within the Division of Children’s Services and must be expended for the exclusive use of the Guardian ad Litem Program.
     For the current fiscal year, the Department of Revenue is directed to reduce the rate of interest paid on eligible refunds by two percentage points.  The revenue resulting from this reduction must be used exclusively for operations of the Guardian ad Litem program and be deposited in the State Treasury in a separate and distinct fund know as the "South Carolina Guardian ad Litem Trust Fund.  Unexpended revenues in this fund carry forward to succeeding fiscal years, and earnings in this fund must be credited to it.  The Guardian ad Litem program may carry forward the other funds authorized herein for its operations from the prior fiscal year into the current fiscal year.
     92.11.      (GOV: OEPP - Continuum of Care Carry Forward)  The Division of Continuum of Care may carry forward funds appropriated herein to continue services.
     92.12.      (GOV: OEPP - Procuring Services)  In order to maximize services for victims of crime, if the fulfilling of requirements pursuant to Section 16-3-1410 of the 1976 Code, necessitates hiring any outside entities, the State Office of Victims’ Assistance must follow procedures established by the SC Consolidated Procurement Code.  Any entity contracting with the agency will submit an annual report by August 1 to the Governor's Office and to the Chairmen of the Senate Finance Committee and House Ways and Means Committee detailing expenditures from the prior fiscal year in accordance with the State Office of Victims’ Assistance.  The Governor's Office of Executive Policy and Programs is directed to transfer $122,032 of the funds carried forward from the prior fiscal year in the Victims’ Compensation Fund, and up to $41,892 from general funds from Program III.A.1 to pay for any contracts or services procured.
     92.13.      (GOV: OEPP - M.J. "Dolly" Cooper Veterans Cemetery Carry Forward)  The Governor’s Office of Executive Policy and Programs, Veterans’ Affairs Program may carry forward unexpended funds appropriated and/or authorized for the M.J. "Dolly" Cooper Veterans Cemetery from the prior fiscal year and shall use such funds for the same purpose.  In addition, any unexpended funds in the Veterans’ Affairs Program, including Special Line Items, shall be carried forward from the prior fiscal year into the current fiscal year and used for operation of the M.J. "Dolly" Cooper Veterans Cemetery.  Funds carried forward in excess of the amount needed for the operation of the Cemetery may be used for other expenses of the Veterans’ Affairs Program.  Funds carried forward may not be transferred to any other Governor’s Office programs.
     92.14.      (GOV: M&G - Mansion and Grounds Maintenance and Complex Facilities)  Revenue collected from rental of Mansion Complex facilities and grounds must be retained and expended by the Governor’s Office, Mansion and Grounds to support its operations.  Unexpended funds shall be carried forward from the prior fiscal year into the current fiscal year and be utilized for the same purposes.
     92.15.      (GOV: OEPP - Crime Victims Ombudsman)  For the current fiscal year, the State Office of Victims Assistance shall transfer $71,000 to the Crime Victims Ombudsman’s Office to be used for administrative and operational support.
     92.16.      (GOV: OEPP - Veterans’ Affairs Budget Reduction Exemption)  Funds appropriated for the Veterans’ Affairs Program shall be excluded from the Governor’s Office of Executive Policy and Programs base budget in the calculation of any across-the-board agency base reductions mandated by the Budget and Control Board or General Assembly.
     92.17.      (GOV: Use of Funds Report)  In order to ensure transparency and accountability, the Governor’s Office of Executive Control of State shall report quarterly to the Senate Finance Committee and House Ways and Means Committee on financial transactions that have taken place between Executive Control of State, Office of Executive Policy and Programs, and Mansion and Grounds.  These transactions shall include, but are not limited to, any transfer of funds or payments or reimbursements for services rendered.  For each transfer, payment, or reimbursement the report must specify the amount, the reason for, or circumstance that necessitated the transaction, and the source of funds used.  In the event federal or other funds were utilized, the source from which the revenue was generated must also be included.  The report must be submitted as soon after the end of each quarter as practicable.

SECTION 93 - D25-OFFICE OF INSPECTOR GENERAL

     93.1.      (SIG: Coordination with State Auditor)  The State Inspector General will prepare an annual report to the Chairmen of the House Ways and Means Committee and the Senate Finance Committee and the Governor detailing all written referrals of fraud, waste, and abuse from the State Auditor and all corresponding actions taken by the State Inspector General.

SECTION 94 - E04-OFFICE OF THE LIEUTENANT GOVERNOR

     94.1.      (LTG: State Matching Funds Carry Forward)  Any unexpended balance on June thirtieth of the prior fiscal year of the required state matching funds appropriated in Part IA, Section 94, Distribution to Subdivisions, shall be carried forward into the current fiscal year to be used as required state match for federal funds awarded to subdivisions on or before September thirtieth of the current fiscal year.
     94.2.      (LTG: State Match Funding Formula)  Of the state funds appropriated under "Distribution to Subdivisions", the first allocation by the Office on Aging shall be for the provision of required State matching funds according to the Office on Aging formula for distributing Older Americans Act funds.  The balance of this item shall be distributed to the planning and service areas of the State.  In the event state appropriations are reduced, reductions to the planning and service areas shall be based on amounts distributed in accordance with the previous requirements.
     94.3.      (LTG: Registration Fees)  The Office on Aging is authorized to receive and expend registration fees for educational, training and certification programs.
     94.4.      (LTG: Loan Forgiveness Carry Forward)  Any unexpended balance on June thirtieth of the prior fiscal year of funds appropriated in Part IA, Section 94, Geriatric Physician Loan Program, shall be carried forward and used for the same purpose as originally appropriated.
     94.5.      (LTG: Council Meeting Requirements)  The duties and responsibilities, including the statutory requirement to hold meetings of the Coordinating Council established pursuant to Section 43-21-120 and of the Long Term Care Council established pursuant to Section 4321-130, both under the Office on Aging in the Office of the Lieutenant Governor, are suspended for the current fiscal year.
     94.6.      (LTG: Home and Community Based Services Carry Forward)  Unexpended funds from appropriations to the Lieutenant Governor’s Office on Aging for Home and Community Based Services shall be carried forward from the prior fiscal year and used for the same purpose.
     94.7.      (LTG: Geriatric Loan Forgiveness Program Payment)  In lieu of quarterly payments to a recipient of the Geriatric Loan Forgiveness Program, the Lieutenant Governor’s Office on Aging is authorized to make a single lump sum payment to the lending institution of up to $35,000 or the loan balance, whichever is less.

SECTION 95 - E08-OFFICE OF SECRETARY OF STATE

     95.1.      (SS: UCC Filing Fees)  Revenues from the fees raised pursuant to Section 36-9-525(a), not to exceed $180,000, may be retained by the Secretary of State for purposes of UCC administration.

SECTION 96 - E12-OFFICE OF COMPTROLLER GENERAL

     96.1.      (CG: Signature Authorization)  The Comptroller General is hereby authorized to designate certain employees to sign, in his stead, warrants drawn against the State Treasurer and the State Treasurer is hereby authorized to accept such signatures when notified by the Comptroller General.  This provision shall in no way relieve the Comptroller General of responsibility.
     96.2.      (CG: GAAP Implementation & Refinement)  It is the intent of the General Assembly that the State of South Carolina issue financial statements in conformance with Generally Accepted Accounting Principles (GAAP).  To this end, the Comptroller General is directed, as the State Accounting Officer, to maintain a Statewide Accounting and Reporting System that will result in proper authorization and control of agency expenditures, including payroll transactions, and in the preparation and issuance of the official financial reports for the State of South Carolina.  Under the oversight of the General Assembly, the Comptroller General is given full power and authority to issue accounting policy directives to state agencies in order to comply with GAAP.  The Comptroller General is also given full authority to conduct surveys, acquire consulting services, and implement new procedures required to implement fully changes required by GAAP.
     96.3.      (CG: Payroll Deduction Processing Fee)  There shall be a fee for processing payroll deductions, not to exceed twenty cents, for insurance plans, credit unions, deferred compensation plans, benefit providers, and professional associations per deduction per pay day.  This fee shall not be applied to charitable deductions.  The revenues generated from these fees and those provided for child support deductions in accordance with Section 20-7-1315(F)(3), South Carolina Code of Laws, 1976, as amended, may be used to support the operations of the Office of Comptroller General and any unexpended balance may be carried forward from the prior fiscal year to the current fiscal year and utilized for the same purposes.
     96.4.      (CG: Unemployment Compensation Fund Administration)  The lesser of two percent or $200,000 of the fund balance of the Unemployment Compensation Fund shall be paid out annually to the Office of Comptroller General to be used by that agency to recover the costs of administering the fund.  The Unemployment Compensation Fund is provided for in Section 41-31-820, S. C. Code of Laws, 1976, as amended.  Any unexpended balance may be carried forward from the prior fiscal year to the current fiscal year and used for the same purposes.
     96.5.      (CG: Purchasing Card Rebate Program)  The Office of Comptroller General is authorized to retain the first $100,000 of rebate associated with the Purchasing Card Program and $200,000 of agency incentive rebates.
     The funds retained may be used to support the operations of the Office of Comptroller General and any unexpended balance may be carried forward from the prior fiscal year into the current fiscal year and be utilized for the same purposes.
     96.6.      (CG: Payroll System Maintenance for State Optional Retirement Program)  The Comptroller General is hereby authorized to contract on mutually agreeable terms with the Public Employee Benefit Authority (PEBA) to maintain the State's payroll and accounting systems to accommodate the requirements of the State Optional Retirement Program (ORP).  The Office of the Comptroller General is authorized to seek cost recovery not to exceed $100,000 from PEBA for those services.  The cost recovery may be used to support the operations of the Office of the Comptroller General and any unexpended balance may be carried forward from the prior fiscal year into the current fiscal year and be used for the same purposes.

SECTION 97 - E16-OFFICE OF STATE TREASURER

     97.1.      (TREAS: Nat’l. Forest Fund - Local Govt. Compliance)  In order to conform to federal requirements local governments receiving distributions of National Forest Fund revenues are required to report annually to the State Treasurer indicating compliance with authorized purposes.
     97.2.      (TREAS: STARS Approval)  Decisions relating to the Statewide Accounting and Reporting System (STARS) and the South Carolina Enterprise Information System (SCEIS) which involve the State Treasurer’s Banking Operations and other functions of the State Treasurer’s Office shall require the approval of the State Treasurer.
     97.3.      (TREAS: Investments)  The State Treasurer may pool funds from accounts for investment purposes and may invest all monies in the same types of investments as set forth in Section 11-9-660.
     97.4.      (TREAS: Management Fees)  The State Treasurer is authorized to charge a fee for the operating and management costs associated with the Local Government Investment Pool, the Deferred Compensation Program, the Tuition Prepayment Program, and the College Investment Program and is further authorized to retain and expend the fees to provide these services.  The fees assessed may not exceed the cost of the provision of such services.
     97.5.      (TREAS: Investment Management Fees)  Unless otherwise prohibited by law, the State Treasurer may charge a fee for the operating and management costs associated with the investment management and support operations of various state funds and programs, and further, may retain and expend the fees to provide these services.  The fees assessed may not exceed the actual cost of the provision of these services or the earnings on these investments.
     97.6.      (TREAS: Debt Management Cost Allocation)  Unless otherwise prohibited by law, the State Treasurer may charge actual costs associated with the administration and management of the indebtedness of the State, its agencies and institutions, and further, may retain and expend any amounts so allocated to provide these services.  Costs associated with the original issuance of bonds and other indebtedness must be assessed on an hourly basis, must be taken from the costs of issuance of any bond issue or other indebtedness, and must not exceed the actual cost of providing these services.  Ongoing costs of administration and maintenance must be assessed against expenses of debt service, and must not exceed the actual costs of providing these services.
     97.7.      (TREAS: Withheld Accommodations Tax Revenues)  Revenues withheld pursuant to Sections 6-4-35(B)(1)(a) and 6-4-35(B)(1)(b) prior to July 1, 2006 must be returned to the entity from which revenues were withheld, in the same amount and manner that they were withheld.  After July 1, 2006, before non-compliant expenditures and penalties withheld pursuant to Sections 6-4-35(B)(1)(a) and 6-4-35(B)(1)(b) are reallocated, the Tourism Expenditure Review Committee must certify to the Office of State Treasurer that the time period for an appeal of the committee’s action to the Administrative Law Court has expired or that the action of the committee has been upheld or overturned by the Administrative Law Court.  Non-compliant expenditures and penalties withheld must be reallocated annually after August first.  Allocations withheld must be reallocated proportionately based on the most recent completed fiscal year’s total statewide collections of the accommodations tax revenue according to the Office of State Treasurer records.  Each annual reallocation of withheld funds to non-offending counties and municipalities must be calculated separately then combined if necessary.  Each reallocation to a county or municipality calculated less than a dollar must be transferred to the General Fund of the State.
     97.8.      (TREAS: Tuition Prepayment Program)  The South Carolina Tuition Prepayment Program shall not accept any new enrollment in the current fiscal year.  The annual increase in tuition for the purposes of the Tuition Prepayment Program, for an institution cannot exceed seven percent per year from the 2006-07 level.  To the extent that actual tuition for an institution exceeds an annual growth of seven percent per year since Fiscal Year 2006-07, colleges and universities must grant a waiver of the difference to the designated beneficiary and shall not pass along this difference to any student.
     97.9.      (TREAS: Penalties for Non-reporting)  If a municipality fails to submit the audited financial statements required under Section 141208 of the 1976 Code to the State Treasurer within thirteen months of the end of their fiscal year, the State Treasurer must withhold all state payments to that municipality until the required audited financial statement is received.
     If the State Treasurer receives an audit report from either a county or municipality that contains a significant finding related to court fine reports or remittances to the Office of State Treasurer, the requirements of Proviso 117.57 shall be followed if an amount due is specified, otherwise the State Treasurer shall withhold twenty-five percent of all state payments to the county or municipality until the estimated deficiency has been satisfied.
     If a county or municipality is more than ninety days delinquent in remitting a monthly court fines report, the State Treasurer shall withhold twenty-five percent of state funding for that county or municipality until all monthly reports are current.
     After ninety days, any funds held by the Office of State Treasurer will be made available to the State Auditor to conduct an audit of the entity for the purpose of determining an amount due to the Office of State Treasurer, if any.
     97.10.      (TREAS: Signature Authorization)  The State Treasurer is hereby authorized to designate certain employees to sign payments for the current fiscal year in accordance with Section 11-5-140 of the 1976 Code to meet the ordinary expenses of the State.  This provision shall in no way relieve the State Treasurer of responsibility.
     97.11.      (TREAS: Unclaimed Property)  The State Treasurer may not expend funds to retain a third party, private sector auditor, or auditing firms to fulfill his duties pursuant to the South Carolina Uniform Unclaimed Property Act on a contingency basis or any basis other than an hourly basis, with the exception that the State Treasurer may join other state(s) in multi-state contingent fee auditors’ examinations, not to include companies whose parent company is headquartered or incorporated in South Carolina, when there is a reason to believe that those companies being audited are holding funds belonging to South Carolina citizens.  The Office of State Treasurer shall retain $200,000 from the Unclaimed Property Program for the sole purpose of employing internal compliance auditors to enforce the Unclaimed Property Act.

SECTION 99 - E24-OFFICE OF ADJUTANT GENERAL

     99.1.      (ADJ: Unit Maintenance Funds)  The funds appropriated as unit maintenance funds shall be distributed to the various National Guard units at the direction of the Adjutant General.
     99.2.      (ADJ: Revenue Collections)  All revenues collected by National Guard units from county and city appropriations, vending machines, rental of armories, court martial fines, federal reimbursements to armories for utility expenses, and other collections may be retained and expended in its budgeted operations.
     99.3.      (ADJ: Rental Fee for Election Purposes)  The maximum fee that an armory may charge for the use of its premises for election purposes shall be the cost of providing custodial services, utilities and maintenance.
     99.4.      (ADJ: Parking Lot Revenues)  Notwithstanding other provisions of this act, as a security measure for the State Military Department’s headquarters building and grounds, the Adjutant General may control and contractually lease the headquarters’ building parking facilities, during events at the University of South Carolina’s Williams-Brice Stadium, to a state chartered and federally recognized 501(c)(4) tax exempt agency employees’ association who may then sub-lease individual parking spaces.  Such a contract must require the employees association to obtain liability insurance against wrongful death or injury.  The contract must clearly hold the Adjutant General’s Office, its officers, and the State of South Carolina harmless from any liability resulting from the use of the parking lot when rented by the employees association.  In addition, the contract must specify that the State of South Carolina’s Military Department shall receive no less than thirty-three percent of the gross profits from the sub-leasing of the parking spaces.  The contract must allow the State to audit the employees association’s funds.  Funds at the Adjutant General’s Office derived wholly from the rental of Adjutant General’s headquarters’ parking lot may be retained at the Adjutant General’s Office, but may not be used for employee perquisites.
     99.5.      (ADJ: Armory Rental Program)  The Adjutant General is authorized to develop and implement an armory rental program to recoup costs associated with the use of armories by state agencies or other non-Guard organizations.  The rental program must be uniform in its application to the maximum extent possible.  Funds generated by this program may be retained and expended for armory maintenance and operations.
     99.6.      (ADJ: Meals in Emergency Operations Centers)  The cost of meals, or the advanced purchase of food products to be stored and prepared for meals, may be provided to state employees who are required to work at the State Emergency Operations Centers during actual emergencies and emergency simulation exercises when they are not permitted to leave their stations.
     99.7.      (ADJ: Educational Seminar Revenue)  All revenue earned from educational seminars shall be retained by the agency to be used for the printing of materials and other expenses related to conducting the seminars.  The balance of funds shall be reported annually to the General Assembly.
     99.8.      (ADJ: Retention of Lease Property Revenue)  The Adjutant General is authorized to lease all real property under the control of SCMD.  All revenue generated by the lease program may be retained for SCMD armory operations and maintenance as authorized by the Adjutant General or Deputy Adjutant General .
     99.9.      (ADJ: Billeting and Dining Facility Operations)  All revenues collected by the Billeting and Dining Facility operations at the R. L. McCrady Training Center shall be retained and expended in their budgeted operations or be expended in support of SCMD operations, including use for matching federal funds, and armory maintenance and operations.  Expenditures from these funds shall be determined by the Billeting Committee for Billeting operations and the Deputy Adjutant General for state operations for the Dining Facility operation.
     99.10.      (ADJ: EMD Compensatory Payment)  In the event a State of Emergency is declared by the Governor, exempt employees of the Emergency Management Division may be paid for actual hours worked in lieu of accruing compensatory time, at the discretion of the Agency Director, and providing funds are available.
     99.11.      (ADJ: Civil Air Patrol)  The funds appropriated in this section for the Civil Air Patrol shall be expended by the Civil Air Patrol so as to discharge the state's obligations in conjunction with the Civil Air Patrol as outlined in the SARDA Plan, the South Carolina Operational Radiological Emergency Response Plan, and to assist county and local authorities and other state agencies as permitted by the regulations governing the Civil Air Patrol.  All expenditures for equipment and services shall be in accordance with state fiscal policies.
     99.12.      (ADJ: Citadel-S.C. National Guard Readiness Center)  The Adjutant General’s Office, during Fiscal Year 2012-13 2013-14, shall repay to the General Fund of the State $300,000, plus interest, of the $2,500,000 appropriated by Proviso 73.12 of the Fiscal Year 2007-08 Appropriation Act to the Adjutant General’s Office for the Citadel-South Carolina National Guard Readiness Center.  It is the intent of the General Assembly that $300,000, plus interest, shall be repaid annually until the $1,250,000 balance has been repaid to the General Fund.
     99.13.      (ADJ: Parking Lot Revenues-Columbia Armory, Buildings and Grounds)  The Adjutant General may control and contractually lease the Columbia Armory, and its buildings and grounds parking facilities during events at the University of South Carolina's Williams-Brice Stadium.  Funds derived wholly from the rental of the Columbia Armory, and its buildings and grounds parking facilities may be retained by the Adjutant General's Office and used for the Funeral Caisson and for SCMD operations, including matching federal funds and armory maintenance and operations.  These funds may not be used for any other purpose.
     99.14.      (ADJ: Emergency Commodities)  The Emergency Management Division shall be allowed to rotate and replace water and Meals Ready to Eat (MREs) emergency commodities housed in the state’s Logistic Center through the provision of said commodities to neighboring states, counties, municipalities and other state agencies, and shall be allowed to accept compensation for said commodities not to exceed replacement costs.  Revenues from this exchange shall be utilized solely for the replacement of state emergency commodities.
     99.15.      (ADJ: Funeral Caisson)  In the event of a mandated general fund budget reduction, the Adjutant General’s Office is prohibited from reducing the funds appropriated for the Funeral Caisson.  In addition, these funds shall not be transferred to any other program or be used for any other purpose by the Office of Adjutant General.
     99.16.      (ADJ: Physical Assets Responsibility)  DELETED
     99.17.      (ADJ: Mental Health Care Facilitator/Coordinator)  The funds appropriated and or authorized to the Office of the Adjutant General may be utilized to hire a Mental Health Care Facilitator/Coordinator who shall act as a liaison to provide mental health care coordination for mental health services to all members of the South Carolina National Guard.  The responsibilities of the position shall include, but are not limited to, focusing on individuals without health insurance or without adequate health insurance; facilitating Memorandum of Understanding with mental health facilities across the state to provide assistance to National Guard Service Members; assisting in coordinating Yellow Ribbon and Beyond and other post deployment and mental health events; coordinating treatment for Service Members for conditions that may or may not result in their being medically non deployable; and participating in staff meetings to discuss care of Service Members.  The individual hired must be knowledgeable of state and federal privacy laws, including the HIPAA privacy regulations.  In addition, it is preferred that the individual have a previous background in Social Work.  A national security background check must be performed on the individual prior to a job offer being tendered.

SECTION 100 - E28-ELECTION COMMISSION

     100.1.      (ELECT: County Registration Board and County Election Commission Compensation)  The amounts appropriated in this section for "County Registration Board Members and County Election Commissioners," shall be disbursed annually to the County Treasurer at the rate of $1,500 for each member, not to exceed $12,500 per county.  The County Treasurer shall use these funds only for the compensation of County Registration Board Members and County Election Commissioners.  Any funds not used for this purpose shall be returned to the State Treasurer.  These funds are exempted from mandated budget reductions.  In addition, in the calculation of any across the board agency base reductions mandated by the Budget and Control Board or the General Assembly, the amount of funds appropriated for compensation of County Registration Board Members and County Election Commissioners shall be excluded from the agency’s base budget.
     100.2.      (ELECT: Elections Managers & Clerks Per Diem)  Managers and clerks of state and county elections shall receive a per diem of $60.00; but managers shall not be paid for more than two days for any election and clerks for not more than three days for any election.  The commission may adjust the per diem of $60.00 for the managers and clerks of the statewide election to a higher level only to the extent that the appropriation for the statewide election is sufficient to bear the added cost of increasing the per diem and the cost of the statewide election.  Up to three additional managers per county may be appointed to assist county registration boards with the absentee/fail safe voting process prior to, on election day, and immediately following statewide elections.  Managers assisting the registration board in the absentee/fail safe process may receive a per diem of $60.00 per day for not more than a total of fifteen days regardless of whether one, two, or three additional managers are used.
     100.3.      (ELECT: Board of State Canvassers Compensation)  $100.00 additional compensation per day may be paid to each member of the Board of State Canvassers up to a total of fifteen days that may be required for hearings held by the members of the Board of State Canvassers.
     100.4.      (ELECT: Sale of Lists Revenue Carry Forward)  Any revenue generated from the sale of election lists may be retained and expended by the South Carolina Election Commission to reimburse the Budget and Control Board, Division of Operations, for the printing of such lists and to pay expenses of postage and shipment of these lists to electors who purchase them.  After such reimbursement has been made an amount, not to exceed $400,000, shall be used for non-recurring expenses in conjunction with extraordinary special election and legal costs and costs for upgrading the Statewide Voter Registration System.  Any balance in the Sale of Lists Account on June thirtieth, of the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year.
     100.5.      (ELECT: Budget Reduction Exemption)  Funds appropriated for recurring and non-recurring general and primary election expenses are exempted from mandated across the board reductions.  In addition, in the calculation of any across the board agency base reductions mandated by the Budget and Control Board or the General Assembly, the amount of funds appropriated for recurring and non-recurring primary and general election expenses shall be excluded from the agency’s base budget.
     100.6.      (ELECT: Primary and General Election Carry Forward)  Filing fees received from candidates filing to run in statewide or special primary elections may be retained and expended by the State Election Commission to pay for the conduct of primary elections.  Any balance in the filing fee accounts on June thirtieth, of the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year.  In addition, any balance in the Primary and General Election Accounts on June thirtieth, of the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year.  In addition, the aforementioned funds may also be utilized to conduct the Presidential Preference Primary elections.
     100.7.      (ELECT: Training & Certification Program)  All members and staff of County Boards of Voter Registration and County Election Commissions will receive a common curriculum to include core courses on the duties and responsibilities of county registration boards and county election commissions and electives to promote quality service and professional development.  The State Election Commission shall make these courses available in various locations, including but not be limited to, the upstate, coastal, and midlands areas of the state.  Up to $35,000 of revenue generated by charging a fee to attend these courses may be retained and expended by the South Carolina Election Commission to help cover the cost of providing the training.  Any balance in the training and certification account on June 30, of the prior fiscal year may be carried forward and expended for the same purpose during the current fiscal year.
     The State Election Commission is required to withhold the stipend of members who do not complete the training and certification program as required in Sections 7-5-10, 7-5-35 and 7-13-70 of the 1976 Code.  Additionally, funds will also be withheld if a board or commission member completes the training and certification program, but fails to complete at least one training course per year.  The board or commission member and members of that county’s legislative delegation will be notified of the withholding of the stipend and the requirements needed to bring the member into compliance with the law.  Funds will be retained by the State Election Commission until the board or commission member has completed the program or completes the training course required for continuing education.  If a board or commission member cannot complete the program or complete the required continuing education due to extenuating circumstances, the board or commission member must submit a written request to the county legislative delegation for approval or funds will continue to be withheld as described in this proviso.  If a board or commission member does not become compliant with the law within eighteen months of initial notification of stipend withholding, the county’s legislative delegation must replace that person on the board or commission.
     100.8.      (ELECT: Penalty for Late Submission of Reimbursable Expenses)  In the event that a county submits reimbursable election expenses to the Commission for payment more than thirty (30) days after the election is held, the Commission may deduct a penalty of ten (10) percent of the late-submitted amount.  The county is responsible for payment of this amount.  If the Commission finds good reason for such late submission, the penalty may be waived.  The Election Commission shall be authorized to expend funds appropriated/ authorized in the current fiscal year to pay election expenses incurred by a county in the prior fiscal year. If a county submits a request for reimbursement of election expenses through any means other than the Voter Registration and Election Management System (VREMS), the Commission may deduct a penalty of ten (10) percent of the amount submitted.
     100.9.      (ELECT: Help America Vote Act)  Of funds appropriated to the commission for primary and general elections, the commission shall utilize any excess funds to match the Help America Vote Act program to the greatest extent possible, and also ensure compliance with the Uniformed and Overseas Citizens Absentee Voting Act of 1986.
     100.10.      (ELECT: HAVA Carry Forward)  The Election Commission shall be authorized to carry forward unexpended Help America Vote Act funds into the current fiscal year and to use these funds for the same purpose.
     100.11.      (ELECT: HAVA Match Funds)  Funds appropriated through the General Fund for the purpose of providing a match for federal funds received through the Help America Vote Act (HAVA) shall be moved to a restricted account in order that the funds may accrue interest as per Section 254 (b) (1) of the Help America Vote Act.
     100.12.      (ELECT: Use of Election Funds)  Notwithstanding any other flexibility authorized in this act, funds Funds appropriated to the Election Commission for the purpose of conducting elections shall not be used for any other purpose unless specifically authorized in this act.  However, up to $200,000 may be transferred to other operating accounts from General Election accounts upon approval from the State Budget Division, which shall then notify the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, and the Governor of such transfer of funds.
     100.13.      (ELECT: Polling Precincts)  DELETED
     100.14.      (ELECT: New Statewide Voting System)  DELETED

SECTION 101 - F03-BUDGET AND CONTROL BOARD

     101.1.      (BCB: Southern Maritime Collection)  The Budget and Control Board, on behalf of the Hunley Commission is authorized to expend funds appropriated for such purpose to pay the outstanding note
entered into to finance the purchase of the Southern Maritime Collection and the Hunley Commission will assume custody and management of the Collection for the State.  The board is authorized to use up to $500,000 of the funds transferred for implementation of this proviso.  The balance of the funds transferred may be used by the board for costs associated with other Museum operations.  The General Assembly will provide for funds in future fiscal years to cover the costs of the financing of the Southern Maritime Collection.
     101.2.      (BCB: Procurement of Art Objects)  Before any governmental body, with the exception of the South Carolina Museum Commission, the Budget and Control Board and the South Carolina Hunley Commission as defined under the South Carolina Consolidated Procurement Code, procures any art objects such as paintings, antiques, sculptures, or similar objects above $1,000, the head of the Purchasing Agency shall prepare a written determination specifying the need for such objects and benefits to the State.  The South Carolina Arts Commission shall review such determination for approval prior to any acquisition.
     101.3.      (BCB: State House Operation & Maintenance Account)  Funds appropriated to the Budget and Control Board - for State House Maintenance & Operations & Renovations must be set aside in a separate account for the operation and maintenance of the State House.  The Budget and Control Board shall report annually to the State House Committee on the amount expended from this fund.
     101.4.      (BCB: Wireless Communications Tower)  The Budget and Control Board is directed to coordinate tower and antenna operations within South Carolina state government. The Board shall (1) approve all leases regarding antenna placement on state owned towers and buildings, (2) coordinate all new tower construction on state owned property, (3) promote and market excess capacity on the State’s wireless communications infrastructure, (4) generate revenue by leasing, licensing, or selling excess capacity on the State’s wireless communications infrastructure, and (5) construct new communications assets on appropriate state owned property for the purpose of generating revenue pursuant to this proviso.  All revenue from tower and antenna leases and contracts after July 1, 2001 must be remitted to a separate fund established by the Board and shall be transferred to the Educational Television Commission which shall retain and expend such funds for agency operations.  The commission shall be authorized to carry forward unexpended funds from the prior fiscal year into the current fiscal year.  Agencies owning tower and antenna assets will be allowed to recover expenses associated with implementing this proviso from this fund.  The Board shall annually report to the Chairmen of the Senate Finance and House Ways and Means Committees by October first of each year all revenue collected and disbursed.  This report shall also include a summary of each agency’s overall revenues, whether retained by the agency or remitted to the separate fund.
     101.5.      (BCB: Compensation - Reporting of Supplemental Salaries)  No supplement shall be paid to an agency’s employee unless the agency head or designated official of the employing agency has approved the conditions and amount of salary supplement.  Any compensation, excluding travel reimbursement, from an affiliated public charity, foundation, clinical faculty practice plan, or other public source or any supplement from a private source to the salary appropriated for a state employee and fixed by the State must be reported by the employing agency to the Human Resources Division of Budget and Analyses of the Budget and Control Board.  The report must include the amount, source, and any condition of the supplement.  The employing agency must report this information on or before August thirty-first of each year and must include the total amount and source of the salary supplement received by the employee during the preceding fiscal year (July first through June thirtieth).  The Office of Human Resources Division of the Budget and Control Board shall formulate policies and procedures to ensure compliance with the reporting provisions of this proviso.
     101.6.      (BCB: Compensation Increase - Appropriated Funds Ratio)  Appropriated funds may be used for compensation increases for classified and unclassified employees and agency heads only in the same ratio that the employee’s base salary is paid from appropriated sources.
     101.7.      (BCB: Vacant Positions)  In the event that any permanent position in an agency remains vacant for more than twelve months the position may be deleted by the Budget and Control Board.
     101.8.      (BCB: Carry Forward - Local Government Assistance)  The Budget and Control Board may carry forward from prior fiscal years to the current fiscal year funds appropriated for the purpose of providing financial assistance and for matching federal funds for financial assistance to local governments with water, wastewater, and sewer projects.
     101.9.      (BCB: State Water Pollution Control Revolving Fund)  In the event that any state funds remain after fully matching federal grants for the State Revolving Funds under the Clean Water Act or Safe Drinking Water Act, such funds may be deposited into the South Carolina Infrastructure Revolving Loan Fund established pursuant to Section 11-40-50.
     101.10.      (BCB: Carry Forward Calculation)  For purposes of calculating the amount of funds which may be carried forward by the Budget and Control Board, grant and loan program funds carried forward by the Office of Local Government shall be excluded from the calculation of the carry forward authorized by provision elsewhere in this Act.
     101.11.      (BCB: Local Provider Health Insurance)  The local health care providers of the Department of Disabilities and Special Needs shall be awarded funding increases as prescribed for state agencies to cover the employer’s share for the cost of providing health and dental insurance to their employees.
     101.12.      (BCB: Geodetic Mapping Program)  Funds appropriated or authorized to the Budget and Control Board as a Special Item for Mapping, shall be used for county boundary determination and resolution of the boundary between the states of South Carolina and North Carolina.
     101.13.      (BCB: Military Service)  Notwithstanding the provisions of Section 8-11-610 of the 1976 Code, a permanent full-time state employee who serves on active duty as a result of an emergency or conflict declared by the President of the United States, and performs such duty, may use up to forty-five days of accumulated annual leave and may use up to ninety days of accumulated sick leave in a calendar year as if it were annual leave.
     101.14.      (BCB: Antenna and Tower Placement)  All leases for antenna and tower operations within institutions of higher learning campuses must conform to master plans for such property, as determined solely by the institution of higher learning.
     101.15.      (BCB: Lawsuit Funding)  The Executive Director shall pay from the Insurance Reserve Fund the defense costs of the State, which are incurred in the current fiscal year, in the Abbeville school funding litigation and the prisoner mental health care litigation.  The appropriate official from the House of Representatives and the Senate must certify to the Executive Director on a monthly basis the costs incurred in defense of this litigation.  Upon receipt of the certification, the Executive Director shall pay the provider of these services the amount certified.
     101.16.      (BCB: Election File Merge)  In order to assist the County Registration and Election Commissions to ensure that registered voters are assigned to proper election districts, the Office of Research and Statistics Division, in conjunction with the South Carolina Election Commission, shall merge the voter registration file with the office’s division’s Geocoded Address List and the district boundaries of the Congress, South Carolina Senate, South Carolina House of Representatives, county councils, and such other districts as the office possesses official district boundary records in electronic format.  The merged systems will allow the Office of Research and Statistics Division to provide the respective county officials with a list of potential voters who are possibly assigned to the wrong election district.  File merger is required only for those districts in which elections are scheduled.  Counties and municipalities shall release GIS to the Office of Research and Statistics Division upon the Office’s division’s written request.  Written request must be sent to the chief administrative officer of the county or municipality and advise the county or municipality that failure to comply within thirty days of request may result in the withholding of ten percent of the county’s or municipality’s state aid.  The Director of the Office of Research and Statistics Division may grant additional time for good cause and must waive release if the county or municipality does not possess GIS data.  For counties and municipalities that possess GIS data but do not release it, the Director of the Office of Research and Statistics Division shall notify the State Treasurer of the failure to comply with this provision after the required notice.  Notification shall result in the withholding of ten percent of subsequent payments of state aid to the entity until the GIS data is provided.  Municipal and county data acquired by the Office of Research and Statistics Division in the course of performing its responsibilities under this provision may be used for other functions of the office as well as shared with other state agencies.  For this provision GIS data includes, but is not limited to, road centerlines; orthophotography; parcel boundaries; address points; political boundaries; and administrative boundaries.
     101.17.      (BCB: Base Closure Fund Carry Forward Transfer)  Of the The balance of the funds previously appropriated to the Budget and Control Board for the Base Closure Fund, up to a maximum of $300,000 shall be carried forward into the current fiscal year and transferred to the Department of Commerce, and shall be used for the South Carolina Military Base Task Force.  The Task Force shall coordinate efforts among the public and the private sectors to maintain a significant United States Department of Defense presence in South Carolina.
     101.18.      (BCB: SC/NC Boundary Dispute)  The Budget and Control Board is directed to submit a report to the Senate Finance Committee and the House Ways and Means Committee regarding the progress of the South Carolina and North Carolina Boundary Dispute within sixty days of the close of each fiscal year until such dispute is resolved.
     101.19.      (BCB: SC Boundary Commission)  There is hereby created the South Carolina Boundary Commission to be composed of seven members as follows:  one member appointed by the President Pro Tempore of the Senate; one member appointed by the Speaker of the House of Representatives; one member appointed by the Chairman of the Senate Finance Committee; one member appointed by the Chairman of the House Ways and Means Committee; the Director of the Budget and Control Board’s Office of Research and Statistics; the Director of the Department of Natural Resources, or his designee; and the technical advisor of the Geodetic and Mapping Survey Program appointed by the Director of the Office of Research and Statistics who shall serve as the coordinator and chairman of the commission.  The purpose of the commission is to work with the North Carolina Boundary Commission to resolve undocumented boundaries between South Carolina and North Carolina.
     101.20.      (BCB: SEC Legal Expenses)  The Executive Director of the Budget and Control Board must reimburse the State Ethics Commission from the Insurance Reserve Fund for expenses incurred in the defense of South Carolinians for Responsible Government v. Krawcheck, et al., and South Carolina Citizens for Life v. Krawcheck, et al., both filed in the United States District Court of South Carolina, and where the Attorney General has refused to defend the action and the Budget and Control Board has refused to use the Civil Contingent Fund, as provided for in Section 8-13-1373, to pay for defense of such action.  The appropriate official of the State Ethics Commission must certify to the Executive Director on a monthly basis the costs incurred in defense of these actions.  Upon receipt of the certification the Executive Director shall reimburse the State Ethics Commission the amount certified.
     101.21.      (BCB: First Responder Interoperability)  The Budget and Control Board, through its Division of State Information Technology, is directed to administer and coordinate First Responder Interoperability operations for the statewide Palmetto 800 MHz radio system to better coordinate public safety disaster responses and communications.  First Responder Interoperability administration and coordination shall be funded as provided in this Act.  The cost-proportional funds shall be utilized for radio user fees of state agencies and public safety first responders (Fire, EMS and Law Enforcement) that participate in the statewide Palmetto 800 MHz radio system (Palmetto 800 participants).  The Division of State Information Technology, in consultation with the State Law Enforcement Division, the Department of Public Safety, and the State Emergency Management Division, and a representative of the South Carolina Sheriff’s Association, shall set a baseline number of radios used by each Palmetto 800 participant based on the technical aspects of the Palmetto 800 MHz radio system and the jurisdictional requirements of the participant.  If a Palmetto 800 participant reduces the baseline number of radios in use, the amount of funds allocated for the participant’s radio user fees shall be reduced in a proportional amount.  The funds shall also be utilized to provide private county and city 800 MHz radio systems with grant funds to be used for purchases of equipment that support interoperability with the statewide Palmetto 800 MHz radio system and its users.  Grant funds shall be allocated to private county and city 800 MHz radio systems based on the criteria used for Palmetto 800 Participants and in amounts proportional to the amounts allocated to support the per-site radio user fees of Palmetto 800 participants.  A matching share is required by a Palmetto 800 participant or by a private county or city 800 MHz radio system in order to qualify for receipt of funds pursuant to this proviso.  Each fiscal year the Budget and Control Board, through the Division of State Information Technology, shall establish the level of match required based upon funding provided by this Act.  These entities shall be required to furnish such documentation as may be required by the Division of State Information Technology to verify that the matching funds requirement is met.  Upon funding state agency and public safety first responder user fees and private county and city 800 MHz equipment purchases, any remaining funds may be used to enhance and expand the statewide Palmetto 800 MHz radio system.  All funds shall be held in a separate account established by the Board for the purposes set forth herein.  Any unexpended portion of these funds may be carried forward and used for the same purpose.  In the calculation of any across-the-board budget reduction mandated by the Budget and Control Board or General Assembly, the amount appropriated to the Budget and Control Board for First Responder Interoperability must be excluded from the Board’s base budget.
     The Budget and Control Board shall provide a report on the status of the integration of the statewide Palmetto 800 MHz radio system which shall include, but not be limited to, a list of entities who are not integrated into the system as of the end of the immediately preceding fiscal year and the reason why they are not integrated.  The report shall be submitted by October 1, of the current fiscal year to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee.
     101.22.      (BCB: Employee Compensation)  The amounts appropriated to the Budget and Control Board for Employee Pay Increases must be allocated by the Board to the various state agencies to provide for employee pay increases in accordance with the following plan:
           1.      With respect to classified and non-judge judicial classified employees, effective on the first pay date that occurs on or after July first of the current fiscal year, the compensation of all classified employees shall be increased by three one percent.
           2.      With respect to unclassified and non-judge judicial unclassified employees or unclassified executive compensation system employees not elsewhere covered in this act, effective on the first pay date that occurs on or after July first of the current fiscal year the compensation of all unclassified employees shall be increased by three one percent.  Any employee subject to the provisions of this paragraph shall not be eligible for compensation increases provided in paragraphs 1, 3, 4, 5, or 6.
           3.      Effective on the first pay date that occurs on or after July first of the current fiscal year, agency heads not covered by the Agency Head Salary Commission, shall receive an annualized base pay increase of three one percent.
           4.      With respect to local health care providers compensation increases shall be three one percent effective on the first pay date that occurs on or after July first of the current fiscal year.  With respect to Area Agencies on Aging funded by the Lieutenant Governor’s Office on Aging, compensation shall be increased by three one percent effective on the first pay date that occurs on or after July first of the current fiscal year.  With respect to local councils on aging or local providers of services funded by the Lieutenant Governor’s Office on Aging through Area Agencies on Aging, no pay increases will be allowed.  School Bus Driver salary and fringe funding to school districts shall be increased by three one percent.
           5.      Effective on the first pay date that occurs on or after July first of the current fiscal year, the Chief Justice and other judicial officers shall receive an annualized base pay increase of three one percent.
           6.      Effective on the first pay date that occurs on or after July first of the current fiscal year, county auditors and county treasurers shall receive an annualized base pay increase of three one percent.
           7.      The Budget and Control, the Office of Comptroller General, and state agencies whose payroll is not processed by the Office of Comptroller General are authorized to implement employee pay increases described in this provision retroactively to the first pay date that occurs on or after July first of the current fiscal year, if the Appropriations Act is ratified by the General Assembly after June 7, 2012 6, 2013.
     The Budget and Control Board shall allocate associated compensation increases for retirement employer contributions based on the retirement rate of the retirement system in which individual employees participate.
     The Executive Director of the Budget and Control Board is authorized to use excess appropriations for the current fiscal year, as determined by the Director of the Office of State Budget, designated for statewide employer contributions for other statewide purposes.  At the discretion of the Executive Director of the Budget and Control Board, such action may be considered a permanent transfer into the receiving agency’s base budget.
     Funds appropriated in Part IA, F30, Section 103, Budget and Control Board, Employee Benefits may be carried forward from the prior fiscal year into the current fiscal year.
     101.23.      (BCB: Public Procurement Unit)  For purposes of participation in the Minnesota Multi State Contracting Alliance for Pharmacy (MMCAP), a private, non-profit corporation that provides only free medical care may be allowed to participate as a local public procurement unit in the MMCAP cooperative purchase.  The participation of non-profit corporations in the program is contingent upon approval of the Minnesota Multi-State Contracting Alliance for Pharmacy.  Participating non-profit corporations must comply with all applicable federal laws or regulations for participation in the MMCAP cooperative purchase.  The state shall not be liable for any action or inaction of such a non-profit corporation.
     101.24.      (BCB: Sale of Surplus Real Property)  Up to fifty percent of the proceeds, net of selling expenses, from the sale of surplus real properties shall be retained by the Budget and Control Board and used for the deferred maintenance of state-owned buildings.  The remaining fifty percent of the net proceeds shall be returned to the agency that the property is owned by, under the control of, or assigned to and shall be used by that agency for non-recurring purposes.  This provision applies to all state agencies and departments except:  institutions of higher learning; the Public Service Authority; the Ports Authority; the MUSC Hospital Authority; the Myrtle Beach Air Force Redevelopment Authority; the Department of Transportation; the Columbia State Farmers Market; the Department of Agriculture’s Columbia Metrology Lab building and property; the Charleston Naval Complex Redevelopment Authority; the Department of Commerce’s Division of Public Railways; the Midlands Technical College Enterprise Campus Authority; the Trident Technical College Enterprise Campus Authority; the Commissioners residence at the Department of Corrections and the Educational Television Commission’s Key Road property.
     The Educational Television Commission shall be authorized to retain the net proceeds from the sale of its property on Key Road, and such proceeds shall only may be used for the renovation of the ETV Telecommunications Center and other maintenance and operating expenses.  If it is determined that sufficient net proceeds are not to be derived from the sale of its property on Key Road to cover the cost of all renovations of the Telecommunications Center, the property on Key Road shall not be sold.  Any proposed sale hereunder shall, prior to said sale, be submitted to the Budget and Control Board for approval as being in compliance with the requirements of this subsection.
     The Department of Corrections shall be authorized to retain the net proceeds from the sale of the residence provided for the Commissioner of the Department of Corrections and use such proceeds for deferred maintenance needs at the Department of Corrections.
     The Forestry Commission shall be authorized to retain the net proceeds from the sale of surplus land for use in firefighting operations and replacement of firefighting equipment.
     The Department of Mental Health shall be authorized to retain the net proceeds it receives for sale of the property sold in accordance with, and identified in Exhibit A of the Sale and Purchase Agreement dated December 16, 2010 between the Department of Mental Health and Hughes Development Corporation for the sale of 165.79± acres on the Bull Street Campus, as approved by the Budget and Control Board on June 14, 2011.
     The Department of Natural Resources shall be authorized to retain the net proceeds from the sale of existing offices originally purchased with a federal grant or with restricted revenue from hunting and fishing license sales for the improvement, consolidation, and/or establishment of regional offices and related facilities.
     The Department of Vocational Rehabilitation shall be authorized to retain the net proceeds from the sale of 3.205 acres located at 22861 Highway 76 East in Clinton, South Carolina to be used for capital projects and deferred maintenance.
     The Department of Agriculture, the Educational Television Commission, the Department of Corrections, the Department of Natural Resources, the Department of Mental Health, and the Forestry Commission, and the Department of Vocational Rehabilitation shall annually submit a report, within sixty days after the close of the fiscal year, to the Senate Finance Committee and the House Ways and Means Committee on the status of the sale of the identified property and a detailed accounting on the expenditure of funds resulting from such sale.
     This provision is comprehensive and supersedes any conflicting provisions concerning disposition of state owned real property whether in permanent law, temporary law or by provision elsewhere in this act.
     Any unused portion of these funds may be carried forward into succeeding fiscal years and used for the same purposes.
     101.25.      (BCB: Compensation - Agency Head Salary)  In the event of an agency head or technical college president vacancy, the governing board of the agency or the Governor, or the appointing authority of a technical college president, must have the prior favorable recommendation of the Agency Head Salary Commission to set, discuss, offer, or pay a salary for the agency head or technical college president at a rate that exceeds the minimum of the range established by the Agency Head Salary Commission.  No agency head or technical college president shall be paid a salary higher than that recommended by the commission.  Boards and commissions, or the Governor if he is the appointing authority, of newly created agencies or technical colleges shall not offer or pay a salary to a prospective agency head until a salary range has been established and the salary approved by the Agency Head Salary Commission.  The funding of the salaries of any agency head or technical college president should come from resources within the agency.  The Budget and Control Board shall contract every four years for a study of agency head and technical college president compensation.  The cost of the study must be shared by the participating agencies.  The staff of the Budget and Control Board shall serve as the support staff to the Agency Head Salary Commission.  Limited only by the maximum of the respective salary range, the General Assembly authorizes the respective appointing authority for an agency head or technical college president to provide salary increases for an agency head or technical college president not to exceed that recommended by the Agency Head Salary Commission.  No agency head or technical college president shall be paid less than the minimum of the pay range nor receive an increase that would have the effect of raising the salary above the maximum of the pay range.
     101.26.      (BCB: Rural Infrastructure)  The Budget and Control Board, Office of Local Government, or its successor, shall transfer all monies under its control to the South Carolina Rural Infrastructure Fund, authorized by Act 171 of 2010.  For purposes of this paragraph, the Budget and Control Board, Office of Local Government, or its successor, shall transfer all monies and balances from any appropriation, carry forward funds, earmarked and restricted accounts, or any other account under its control, except for the State Infrastructure Revolving Loan Fund and any federal monies and federal matching monies.  Any unexpended and undisbursed portion of these funds may be carried forward and used by the Rural Infrastructure Authority for its purposes.  The Rural Infrastructure Authority, created pursuant to Act 171 of 2010, by a majority vote of the board may hire a director for the authority, so long as one of the gubernatorial appointees and three of the legislative appointees votes in favor of the hiring.
     101.27.      (BCB: Additional Tort Liability Insurance Coverage for Aging Entity Authorized)  The State Budget and Control Board, through the Insurance Reserve Fund, for Fiscal Year 2012-13 2013-14, is also authorized to offer insurance coverage to an aging entity that receives funding through the Lieutenant Governor’s Office on Aging and its employees serving clients countywide which previously obtained its tort liability insurance coverage through the board.  The Insurance Reserve Fund and the State of South Carolina shall not be liable to any person or entity, including an insured, for any insufficiencies of coverage provided hereunder.
     101.28.      (BCB: Statewide Appropriations Budget Module)  Funds provided for the Statewide Appropriations Budget Module known as PBF (the Public Budgeting Formulation Module) shall be used for the design and implementation of the statewide budgeting system to produce the state’s annual operating budget through the passage of the Annual Appropriation Act.  Project oversight and direction shall be the responsibility of the State Budget Division.  Unexpended funds shall be carried forward from the prior fiscal year and expended for continued implementation of the budget module.
     101.29.      (BCB: Consumer Protection and Cyber Security Improvements)  DELETED
     101.30.      (BCB: IRF Prohibition)  DELETED
     101.31.      (BCB: Activation of State House Garage Security System)  The Budget and Control Board, Division of General Services is directed to take the steps necessary to activate the State House Garage Security System, effective July 1, 2013, which is to be operated by the Bureau of Protective Services.
     101.32.      (BCB: Security Training Conference Funds)  In the event the funds appropriated for the Annual Security Training Conference are below that which is required for the current fiscal year, the board may utilize any remaining funds for expenses associated with statewide cyber security.
     101.31.      (BCB: Consolidation of Administrative Functions)  From the funds appropriated to the Budget and Control Board, the board shall study the feasibility, including a cost benefit analysis, of assuming certain functions of state agencies that receive less than five million dollars in total funds appropriations in the current fiscal year.  The functions to be considered shall include, but are not limited to, personnel administration, human resources, accounting, information technology, maintenance, and other functions that are administrative in nature and not agency specific.  Upon completion of the study, the board shall submit a report detailing its findings to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee.  The report must be submitted no later than January 3, 2014.
     101.32.      (BCB: Second Injury Fund Closure Plan)  The Budget and Control Board is authorized and empowered to take all necessary actions to implement and administer the closure plan for the Second Injury Fund, as adopted pursuant to Section 42-7-320(A) of the 1976 Code, as amended, and use appropriate accounts for administrative costs associated with this responsibility.  In order for the board to administer the plan and pay the remaining liabilities of the Second Injury Fund, applicable subfunds shall be transferred from the former Second Injury Fund to the Budget and Control Board.  The funds shall be transferred and general ledger accounts established under the Board as soon as practicable after Fiscal Year 2012-13 closing transactions are processed.  Because the Second Injury Fund terminates July 1, 2013, the board is authorized to act on behalf of the former Second Injury Fund to process its closing transactions and appropriately record the transactions.  The State Budget Division is directed to provide the Second Injury Fund and the Budget and Control Board, as appropriate, other fund spending authority equal to the amount of any remaining administrative expenditures associated with closing the Second Injury Fund, if needed and adequately documented.  The transferred funds shall continue to be held as separate and distinct trust accounts by the State Treasurer.

SECTION 102 - F27-BUDGET AND CONTROL BOARD, STATE AUDITOR’S OFFICE

     102.1.      (BCB/AUD: Annual Audit of Federal Programs)  Each state agency receiving federal funds subject to the audit requirements of the Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States, Local Governments and Nonprofit Organizations shall remit to the State Auditor an amount representing 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 federal financial assistance.
Each state agency’s equitable portion of the expense will be determined by a schedule developed by the State Auditor.  Such remittance will be based upon invoices provided by the State Auditor.  The audit shall be re-bid every five years.  The State Auditor shall retain and expend the funds received and shall carry forward any unexpended funds from the prior fiscal year into the current fiscal year for the same purpose.
     102.2.      (BCB/AUD: Medical Assistance Audit Carry Forward)  The State Auditor’s Office shall retain and expend the funds received from the Department of Health and Human Services for the Medical Assistance Audit Program pursuant to proviso 33.3 of this act and shall carry forward any unexpended funds from the prior fiscal year into the current fiscal year for the same purpose.
     102.3.      (BCB/AUD: Coordination with Inspector General)  In the event the State Auditor's Office identifies instances of fraud, waste, and abuse during any state agency audit, the State Auditor shall refer such instances to the State Inspector General for examination.  The State Auditor shall prepare and submit an annual report to the Chairmen of the House Ways and Means Committee and the Senate Finance Committee and the Governor detailing all written referrals of fraud, waste, and abuse submitted to the State Inspector General.

SECTION 103 - F30-BUDGET AND CONTROL BOARD, EMPLOYEE BENEFITS

     103.1.      (BCB/EB: Exempt National Guard Pension Fund)  In the calculation of any across-the-board cut mandated by the Budget and Control Board or General Assembly, the amount of the appropriation for the National Guard Pension Fund shall be excluded.

SECTION 105 - F50-PUBLIC EMPLOYEE BENEFIT AUTHORITY

     105.1.      (PEBA: Lottery & Infrastructure Bank Health Insurance)  South Carolina Lottery Commissioners and South Carolina Transportation Infrastructure Bank Board members and their eligible dependents are eligible to participate in the State Health and Dental Insurance Plan, upon paying the full premium costs as determined by the Public Employee Benefit Authority.
     105.2.      (PEBA: Adoption Assistance Program)  The Employee Adoption Assistance Program is established to provide grants to eligible employees to assist them with the direct costs of adoption.  The program shall be an employee benefit through the Public Employee Benefit Authority (PEBA) and shall be funded from the appropriation for the State Health Plan as provided in this act.  Total funding for the Adoption Program shall not exceed the amount authorized by the General Assembly in the annual appropriations act.  Employees are eligible for the Adoption Program if they participate in PEBA insurance benefits, have adopted a child during the prior fiscal year, apply for the grant during the annual application period, and meet any other Adoption Program criteria.  The application period shall be July first through September thirtieth of the current fiscal year for an adoption in the prior fiscal year.  The maximum grant amounts shall be $10,000 in the case of the adoption of a special needs child and $5,000 for all other child adoptions.  Should the total amount needed to fund grants at the maximum level exceed the amount authorized, the amount of a grant to an eligible employee shall be determined by dividing the authorized amount evenly among qualified program applicants, with the adoption of a special needs child qualifying for two times the benefit of a non-special needs child.
     105.3.      (PEBA: Health Plan Tobacco User Differential)  For health plans adopted under the authority of Section 1-11-710 of the 1976 Code by the Public Employee Benefit Authority during the current fiscal year, the board is authorized to differentiate between tobacco users and non-users regarding rates charged to enrollees in its health plans by imposing a surcharge on enrollee rates based upon tobacco use.  The surcharge for tobacco use may not exceed $40 per month per subscriber or $60 per month per subscriber and dependant(s).
     105.4.      (PEBA: Funding Abortions Prohibited)  No funds appropriated for employer contributions to the State Health Insurance Plan may be expended to reimburse the expenses of an abortion, except in cases of rape, incest or where the mother’s medical condition is one which, on the basis of the physician’s good faith judgment, so complicates the pregnancy as to necessitate an immediate abortion to avert the risk of her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function, and the State Health Plan may not offer coverage for abortion services, including ancillary services provided contemporaneously with abortion services.  The Public Employee Benefit Authority must determine the amount of the total premium paid for health coverage necessary to cover the risks associated with reimbursing participants in the plan for obtaining an abortion in the circumstances covered by this provision.  The determination must be based on actuarial data and empirical study in the same manner and by the same method that other risks are adjusted for in similar circumstances.  The plan must report this determination annually to the respective Chairmen of the Senate Finance Committee and the House Ways and Means Committee by November 15, 2012.
     105.5.      (PEBA: TRICARE Supplement Policy)  The Public Employee Benefit Authority (PEBA) shall offer in Plan Year 2013 a group TRICARE Supplement policy or policies to its TRICARE-eligible subscribers through its flexible benefits program to provide that subscribers may pay premiums for such policies on a pre-tax basis, in accordance with federal law and regulations.  PEBA may charge TRICARE Supplement subscribers an amount not to exceed $2 per subscriber per month for any associated administrative costs.
     105.6.      (PEBA: Tobacco User Differential Study)  The Public Employee Benefit Authority shall conduct a study to determine if it is in the best interest of the state and the State Health Plan to differentiate between tobacco users by category of product used and non-users regarding rates charged to enrollees in its health plans by imposing a surcharge on enrollee rates based upon the category of tobacco product used.  In conducting the study, the authority shall offer a period for public comment.  Recommendations shall include, but not be limited to an appropriate surcharge to be assessed and shall be submitted to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee by December 31, 2013.
     105.7.      (PEBA: FY 2014 State Health Plan)  Of the funds authorized for the State Health Plan in Plan Year 2014 pursuant to Section 1-11-710(A)(2) of the 1976 Code, an employer premium increase of 6.8% and a subscriber premium increase of 0% for each tier (subscriber, subscriber/spouse, subscriber/children, full family) will result for the standard State Health Plan in Plan Year 2014.  Co-payment increases for participants of the State Health Plan in Plan Year 2014 shall not exceed 20%.  Notwithstanding the foregoing, pursuant to Section 1-11-710(A)(3), the Public Employee Benefit Authority may adjust the plan, benefits, or contributions of the State Health Plan during Plan Year 2014 to ensure the fiscal stability of the Plan.
     105.8.      (PEBA: Exempt National Guard Pension Fund)  In the calculation of any across-the-board cut mandated by the Budget and Control Board or General Assembly, the amount of the appropriation for the National Guard Pension Fund shall be excluded.

SECTION 106 - R44-DEPARTMENT OF REVENUE

     106.1.      (DOR: Subpoenaed Employee Expense Reimbursement)  If any employee of the Department of Revenue is subpoenaed to testify during litigation not involving the Department of Revenue, the party subpoenaing the employee(s) to testify shall reimburse the State for expenses incurred by the employee(s) requested to testify.  Expenses shall include but are not limited to the cost of materials and the average daily salary of the employee or employees.
     106.2.      (DOR: Court Order Funds Carry Forward)  Funds awarded to the Department of Revenue by court order shall be retained in a special account and shall be carried forward from year to year, and expended as needed to accomplish the purposes and conditions of said order if specified, and if not specified, as may be directed by the Director of the Department of Revenue.
     106.3.      (DOR: Rural Infrastructure Fund Transfer)  Notwithstanding Section 12-10-85, the Department of Revenue is authorized to deposit revenues from the Rural Infrastructure Fund in excess of $12 million dollars to the Rural Infrastructure Bank Trust Fund under the Budget and Control Board, Office of Local Government Rural Infrastructure Authority.  Any revenues in excess of $17 million shall be deposited in the Rural Infrastructure Fund under the Department of Commerce, Coordinating Council.  All monies in the Rural Infrastructure Bank Trust Fund under the Budget and Control Board, Office of Local Government, including those deposited in the fund pursuant to the provisions of this paragraph, must be transferred during Fiscal Year 2011-12 to the Rural Infrastructure Fund of the South Carolina Rural Infrastructure Authority established pursuant to Chapter 50 of Title 11 to be used for the purposes of the Rural Infrastructure Authority, which involve providing financial assistance for qualified rural infrastructure projects to include facilities and appurtenances to meet public health and environmental standards, to develop trade, commerce, and industry, to provide for potable water and wastewater services, and to provide for emergency preparedness infrastructure.
     106.4.      (DOR: SCBOS Funds)  The Department of Revenue shall share equally the collection assistance fees imposed on overdue tax debt with the South Carolina Business One Stop program.  The funds received by the department from this fee shall be used for continued administration of the revenue laws in a fair and impartial manner.  Any unexpended funds generated by the fee shall be carried forward from the prior fiscal year into the current fiscal year and shall also be shared equally between the Department of Revenue and the South Carolina Business One Stop program.
     106.5.      (DOR: Across the Board Cut Exemption)  Whenever the Budget and Control Board or General Assembly implements an across the board budget reduction, the funds appropriated to the Department of Revenue shall be exempt from any such mandated budget reduction.
     106.6.      (DOR: Candidate Tax Return Programs)  (A)  From the funds appropriated in this act, the department must develop a program to process inquiries from a candidate for an office of this State or its political subdivisions or any gubernatorial appointee concerning whether that candidate or appointee has filed annual state income tax returns that he was required to file during the past ten years, regardless of the source of income, has paid all income taxes due during that time period, and has satisfied all judgments, liens, or other penalties for failure to pay income taxes when due.  The department may only respond to an inquiry if the inquiry is made by a candidate or appointee concerning that candidate's or appointee's own income tax returns.
     (B)      Unless a candidate or appointee requests otherwise, the department must post the results of all inquiries from candidates or appointees in a prominent place on its internet website.  The information must be organized in the following manner:  (1) the candidates name as it will appear on the ballot or the appointee's name as it appears on his income tax returns; (2) identify the years that the candidate or appointee was required to file income tax returns and identify the years, if any, that the candidate or appointee was not required to file income tax returns; (3) state whether the candidate or appointee filed income tax returns in each year that the candidate or appointee was required to file income tax returns; (4) state whether the candidate or appointee paid income taxes due each year that the candidate or appointee was required to file income tax returns; and (5) state whether the candidate or appointee had a judgment, lien, or other penalty levied against him for failure to pay income taxes when due, the year of the levy, and whether that judgment, lien, or other penalty has been satisfied.  The department may not post a candidate's complete income tax return when fulfilling its obligations under this proviso.
     (C)      (1)      Participation in this program by a candidate or appointee is voluntary.
                 (2)      A candidate's or appointee's inquiry constitutes a waiver of confidentiality with the department concerning the information posted.
     106.7.      (DOR: Admissions Tax Exemption)  Any amount that an accredited college or university requires a season ticket holder to pay to a nonprofit athletic booster organization that is exempt from federal income taxation in order to receive the right to purchase athletic event tickets is exempt from admissions tax.
     106.8.      (DOR: Fraudulent Tax Return Program)  The Department of Revenue may establish a Fraudulent Tax Return Detection Program to prevent payment of fraudulent tax refunds.  To implement the program the department may contract with information and technology entities to provide the necessary detection capabilities.  The department shall pay for the program from the savings realized by implementation.
     106.9.      (DOR: Treasury Offset Program)  The Department of Revenue is authorized to retain up to $140,000 of mailing and associated administrative costs incurred as a result of the State's participation in and the notice requirements of the Federal Treasury Offset Program.  Retained expenses shall be from tax offset revenue received from the federal government.  Remaining revenue shall be deposited in the General Fund.

SECTION 107 - R52 - STATE ETHICS COMMISSION

     107.1.      (ETHICS: Lobbying Fee Increase)  DELETED
     107.2.      (ETHICS: Ethics Commission Fees)  DELETED

SECTION 108 - S60-PROCUREMENT REVIEW PANEL

     108.1.      (PRP: Filing Fee)  Requests for administrative review before the South Carolina Procurement Review Panel shall be accompanied by a filing fee of two hundred and fifty dollars ($250.00), payable to the SC Procurement Review Panel.  The panel is authorized to charge the party requesting an administrative review under the S.C. Code Sections 11-35-4210(6), 11-35-4220(5), 11-35-4230(6), 11-35-4330, and/or 11-35-4410.  The funds generated by the filing fee shall be retained by the panel and carried forward to be used for the operation of the panel.  Withdrawal of an appeal will result in the filing fee being forfeited to the panel.  If a party desiring to file an appeal is unable to pay the filing fee because of financial hardship, the party shall submit a completed Request for Filing Fee Waiver form at the same time the request for review is filed.  The panel shall make the Request for Filing Fee Waiver forms available to the Chief Procurement Officers to provide to parties along with notice of right to appeal to the panel.  If the filing fee is not waived, the party must pay the filing fee within fifteen days of the date of receipt of the order denying waiver of the filing fee.  Requests for administrative review will not be accepted unless accompanied by the filing fee or a completed Request for Filing Fee Waiver form at the time of filing.

SECTION 109 - V04-DEBT SERVICE

     109.1.      (DS: Excess Debt Service Funds Carry Forward)  Excess Debt Service funds from Fiscal Year 2011-12 2012-13 may be carried forward and expended for debt service purposes in Fiscal Year 2012-13 2013-14.

SECTION 110 - X22-AID TO SUBDIVISIONS, STATE TREASURER

     110.1.      (AS-TREAS: Veterans’ Affairs-Aid to Counties) In the allocation of the appropriation in Part IA, Section 110, as adjusted for "Aid to County Veteran Offices," each county shall receive an effective annual amount equal to one hundred percent of the amount allocated to it for the prior fiscal year plus an amount equivalent to base pay increases for state employees, less any adjustments made for budget reductions.  This allocation shall be distributed on a quarterly basis to the County Treasurer who will handle and distribute these monies for the sole benefit and use of the County Veterans’ Affairs Offices.
     110.2.      (AS-TREAS: Quarterly Distributions)  For Fiscal Year 2012-13 2013-14, one quarter of the amount appropriated in Part IA for Aid to Subdivisions-Local Government Fund shall be distributed as soon after the beginning of each quarter as practical with the four distributions together totaling the 2012-13 2013-14 Part IA appropriation for the Local Government Fund.
     110.3.      (AS-TREAS: Salary Supplements)  The amounts appropriated in Part IA, Section 110, for Aid Cnty-Clerks of Court, Aid Cnty-Probate Judges, Aid Cnty-Coroners, and Aid Cnty-Sheriffs shall be distributed by the State Treasurer to each county treasurer equally on a quarterly basis, and shall be used as a salary supplement for each clerk of court, probate judge, county coroner, and county sheriff.  The amounts appropriated in Part IA, Section 110 for Aid Cnty-Register of Deeds, shall be equally distributed by the State Treasurer to the appropriate county treasurer on a quarterly basis, and shall be used as a salary supplement for registers of deeds.
     The amount appropriated in Part IA, Section 110, for Aid Cnty-Auditors and Aid Cnty-Treasurers, shall be equally distributed to each county auditor and county treasurer as a salary supplement in addition to any amounts presently being provided by the county for these positions.  It is the intent of the General Assembly that the amount appropriated by the county as salaries for these positions shall not be reduced as a result of the appropriation and that such appropriation shall not disqualify each county auditor and each county treasurer for salary increases that they might otherwise receive from county funds in the future.  The salary supplement for each county auditor and county treasurer shall be paid in accordance with the schedule and method of payment established for state employees.
     The amounts appropriated in Part IA, Section 110 for Clerks of Court, Probate Judges, Sheriffs, Register of Deeds, Coroners, Auditors, and Treasurers shall be exempt from any across the board cut mandated by the Budget and Control Board or General Assembly.  However, the governing body of a county may reduce the expenditures in the operation of the offices of these officials without any required corresponding reduction in the county’s state aid to subdivisions distribution.  However, any reduction in these officials’ budgets must be made in consultation with the affected official.
     110.4.      (AS-TREAS: Legislative Delegations)  In the current fiscal year, a county government must fund its legislative delegation budget pursuant to Section 3, Act No. 283 of 1975.  If a county council does not meet that funding level, the amount of the shortfall must be deducted from the responsible county’s Aid to Subdivisions allocation and forwarded to the legislation delegation of the county.  Additionally, the responsible county’s remaining Aid to Subdivisions allotment must be reduced by twenty-five percent of the shortfall amount, which sum must be forwarded to the legislative delegation to be used for its administrative costs.
     110.5.      (AS-TREAS: LGF)  For Fiscal Year 2012-13 2013-14, the provisions of Section 6-27-30 and Section 6-27-50 of the 1976 Code are suspended.
     110.6.      (AS-TREAS: Transparency-Political Subdivision Appropriation of Funds)  (A)  A political subdivision receiving aid from the Local Government Fund may not:
           (1)      appropriate money to any entity unless that appropriation appears as a separate and distinct line item in the political subdivision's budget or in an amendment to the political subdivision's budget; or
           (2)      except in cases of emergency or unforeseen circumstances, donate funds to a non-profit organization unless the amounts donated are appropriated on a separate and distinct line item in the political subdivision's budget or an amendment to the political subdivision's budget that includes the names of the entities to which the donations are being made.  In the case of an emergency or unforeseen circumstances, a political subdivision may donate funds to a non-profit organization if the amount and purpose of the proposed donation and the nature of the emergency or unforeseen circumstances necessitating the donation are announced in open session at a public meeting held by the governing body of the political subdivision and the funds are not delivered to the organization for five days following the announced intent to make the donation.
     (B)      A political subdivision receiving aid from the Local Government Fund may not appropriate money to any entity without the requirement that the entity provides at the end of the fiscal year a detailed description of the purposes for which the money was used.
     110.7.      (AS-TREAS: Political Subdivision Flexibility)  For Fiscal Year 2012-13 2013-14, a political subdivision receiving aid from the Local Government Fund may reduce its support to any state mandated program or requirement, by up to a percentage equal to the percentage reduction in the actual amount appropriated to the Local Government Fund as compared to the amount required to be appropriated pursuant to Section 6-27-30.  Excluded from said reductions are Administrative Law Judges and their offices, Court of Appeals and their offices, Circuit and Family Courts and their offices, Magistrates and their offices, Masters-in-Equity and their offices, Probate Courts and their offices, Public Defenders and their offices, Solicitors and their offices, and the Supreme Court and their offices.
     110.8.      (AS-TREAS: ADA Compliant Voting Machines)  DELETED

SECTION 117 - X90-GENERAL PROVISIONS

     117.1.      (GP: Revenues, Deposits Credited to General Fund)  For the current fiscal year, except as hereinafter specifically provided, all general state revenues derived from taxation, licenses, fees, or from any other source whatsoever, and all institutional and departmental revenues or collections, including income from taxes, licenses, fees, the sale of commodities and services, and income derived from any other departmental or institutional source of activity, must be remitted to the State Treasurer at least once each week, when practical, and must be credited, unless otherwise directed by law, to the General Fund of the State.  Each institution, department or agency, in remitting such income to the State Treasurer, shall attach with each such remittance a report or statement, showing in detail the sources itemized according to standard budget classification from which such income was derived, and shall, at the same time, forward a copy of such report or statement to the Comptroller General and the Budget and Control Board.  In order to facilitate the immediate deposit of collections, refunds of such collections by state institutions where properly approved by the authorities of same, may be made in accordance with directions from the State Comptroller General and State Treasurer.  General fund appropriations herein made for the support of the public school system of the State must be greater than or equal to the revenues derived from the General Retail Sales Tax, the Soft Drinks Tax, and the state’s portion of the Alcoholic Liquors Tax and Cable Television Fees as forecasted in the general fund revenue estimate of the Board of Economic Advisors as accounted for in Section 116 of this act.  Appropriations in this act for the support of the public school system shall include the following:
           Department of Education;
           State Board for Technical and Comprehensive Education;
           Educational Television Commission;
           Wil Lou Gray Opportunity School;
           School for the Deaf and the Blind;
           John de la Howe School;
           Debt Service on Capital Improvement Bonds Applicable to
           Above Agencies;
           Debt Service on School Bonds;
           Other School Purposes.
     Nothing contained herein shall be construed as diminishing the educational funding requirements of this section.
     117.2.      (GP: Appropriations From Funds)  Subject to the terms and conditions of this act, the sums of money set forth in this part, if so much is necessary, are appropriated from the General Fund of the State, the Education Improvement Act Fund, the Highways and Public Transportation Fund, and other applicable funds, to meet the ordinary expenses of the state government for Fiscal Year 2012-13 2013-14, and for other purposes specifically designated.
     117.3.      (GP: Fiscal Year Definitions)  For purposes of the appropriations made by this part, "current fiscal year" means the fiscal year beginning July 1, 2012 2013, and ending June 30, 2013 2014, and "prior fiscal year" means the fiscal year beginning July 1, 2011 2012, and ending June 30, 2012 2013.
     117.4.      (GP: Descriptive Proviso Titles)  Descriptive proviso titles listed in this act are for purposes of identification only and are not to be considered part of the official text.
     117.5.      (GP: Judicial & Involuntary Commitment, Defense of Indigents)  It is the responsibility of all agencies, departments and institutions of state government, to provide at no cost and as a part of the regular services of the agency, department or institutions such services as are necessary to carry out the provisions of Chapter 52, Title 44 (Involuntary Commitment), Article 7, Chapter 17, Title 44 of the 1976 Code (Judicial Commitment), Chapter 3, Title 17 of the 1976 Code (Defense of Indigents), and Article 1, Chapter 3, Title 16 of the 1976 Code (Death Penalty), as amended, upon request of the Judicial Department and/or the appropriate court.  To this end, state agencies are directed to furnish to the Judicial Department a list of their employees who are competent to serve as court examiners. The Judicial Department shall forward a copy of this list to the appropriate courts, and the courts shall utilize the services of such state employees whenever feasible.  State employees shall receive no additional compensation for performing such services.  For the purpose of interpreting this section, employees of the Medical University of South Carolina and individuals serving an internship or residency as an academic requirement or employees who are not full-time state employees and who are not performing duties as state employees are not considered state employees.
     117.6.      (GP: Case Service Billing Payments Prior Year)  Agencies appropriated case services funds who routinely receive prior year case service billings after the old fiscal year has been officially closed are authorized to pay these case service obligations with current funds.  This authorization does not apply to billings on hand that have been through a timely agency payment approval process when the old fiscal year closes.
     117.7.      (GP: Fee Increases)  (A)  No state agency, department, board, committee, commission, or authority, may increase an existing fee for performing any duty, responsibility, or function unless the fee for performing the particular duty, responsibility, or function is authorized by statutory law and set by regulation except as provided in this paragraph.
           (B)      This paragraph does not apply to:
                 (1)      state-supported governmental health care facilities;
                 (2)      state-supported schools, colleges, and universities;
                 (3)      educational, entertainment, recreational, cultural, and training programs;
                 (4)      the State Board of Financial Institutions;
                 (5)      sales by state agencies of goods or tangible products produced for or by these agencies;
                 (6)      charges by state agencies for room and board provided on state-owned property;
                 (7)      application fees for recreational activities sponsored by state agencies and conducted on a draw or lottery basis;
                 (8)      court fees or fines levied in a judicial or adjudicatory proceeding;
                 (9)      the South Carolina Public Service Authority or the South Carolina Ports Authority.
           (C)      This paragraph does not prohibit a state agency, department, board, committee, or commission from increasing fees for services provided to other state agencies, departments, boards, committees, commissions, political subdivisions, or fees for health care and laboratory services regardless of whether the fee is set by statute.
           (D)      Statutory law for purposes of this paragraph does not include regulations promulgated pursuant to the State Administrative Procedures Act.
     117.8.      (GP: State Institutions - Revenues & Income)  The University of South Carolina, Clemson University, the Medical University of South Carolina (including the Medical University Hospital), The Citadel, Winthrop University, South Carolina State University, Francis Marion University, University of Charleston, Lander University, Coastal Carolina University, and the Wil Lou Gray Opportunity School shall remit all revenues and income, collected at the respective institutions, to the State Treasurer according to the terms of Section 117.1 of this act, but all such revenues or income so collected, except fees received as regular term tuition, matriculation, and registration, shall be carried in a special continuing account by the State Treasurer, to the credit of the respective institutions, and may be requisitioned by said institutions, in the manner prescribed in Section 11-3-185 of the 1976 Code, and expended to fulfill the purpose for which such fees or income were levied, but no part of such income shall be used for permanent improvements without the express written approval of the Budget and Control Board and the Joint Legislative Capital Bond Review Committee; and it is further required that no such fee or income shall be charged in excess of the amount that is necessary to supply the service, or fulfill the purpose for which such fee or income was charged.  Notwithstanding other provisions of this act, funds at state institutions of higher learning derived wholly from athletic or other student contests, from the activities of student organizations, and from the operations of canteens and bookstores, and from approved Private Practice plans at institutions and affiliated agencies may be retained at the institution and expended by the respective institutions only in accord with policies established by the institution’s Board of Trustees. Such funds shall be audited annually by the State but the provisions of this act concerning unclassified personnel compensation, travel, equipment purchases and other purchasing regulations shall not apply to the use of these funds.
     117.9.      (GP: Transfers of Appropriations)  Agencies and institutions shall be authorized to transfer appropriations within programs and within the agency with notification to the Division of Budget and Analyses and Comptroller General.  No such transfer may exceed twenty percent of the program budget.  Upon request, details of such transfers may be provided to members of the General Assembly on an agency by agency basis.  Transfers of appropriations from personal service accounts to other operating accounts or from other operating accounts to personal service accounts may be restricted to any established standard level set by the Budget and Control Board upon formal approval by a majority of the members of the Budget and Control Board.
     117.10.      (GP: Federal Funds - DHEC, DSS, DHHS - Disallowances)  Amounts appropriated to the Department of Health and Environmental Control, Department of Social Services and Department of Health and Human Services may be expended to cover program operations of prior fiscal years where adjustment of such prior years are necessary under federal regulations or audit exceptions.  All disallowances or notices of disallowances by any federal agency of any costs claimed by these agencies shall be submitted to the State Auditor, the Senate Finance Committee and the House Ways and Means Committee, within five days of receipt of such actions.
     117.11.      (GP: Fixed Student Fees)  During the current fiscal year, student fees at the state institutions of higher learning shall be fixed by the respective Boards of Trustees as follows:
           (1)      Fees applicable to student housing, dining halls, student health service, parking facility, laundries and all other personal subsistence expenses shall be sufficient to fully cover the total direct operating and capital expenses of providing such facilities and services over their expected useful life except those operating or capital expenses related to the removal of asbestos.
           (2)      Student activity fees may be fixed at such rates as the respective Boards shall deem reasonable and necessary.
     117.12.      (GP: Tech Educ. Colleges Student Activity Fees)  Notwithstanding any other provisions of this act, funds at technical education colleges derived wholly from the activities of student organizations and from the operations of canteens and bookstores may be retained by the college and expended only in accord with policies established by the respective college’s area commission and approved by the State Board for Technical and Comprehensive Education.
     117.13.      (GP: SC Health & Human Services Data Warehouse)  There is hereby established within the Office of Research and Statistics Division, South Carolina Budget and Control Board, the South Carolina Health and Human Services Data Warehouse.  The purpose of the Warehouse is to ensure that the operation of health and human services agencies may be enhanced by coordination and integration of client information.  Client data is defined as person-level data that is created, received, and/or maintained by state agencies and other entities required to report client information to the Office of Research and Statistics Division under this provision.  To integrate client information, client data from health and human services state agencies will be linked to improve client outcome measures, enabling state agencies to analyze coordination and continuity of care issues.  The addition of these data will enhance existing agency systems by providing client data from other state agency programs to assist in the provision of client services.  Certain client information shall be delivered to the Office of Research and Statistics Division in order to assist in the development and maintenance of this Warehouse.  The following agencies shall report client information:
     •      Departments of
                 1.      Health and Human Services;
                 2.      Health and Environmental Control;
                 3.      Mental Health;
                 4.      Alcohol and Other Drug Abuse Services;
                 5.      Disabilities and Special Needs;
                 6.      Social Services;
                 7.      Vocational Rehabilitation;
                 8.      Education;
                 9.      Juvenile Justice;
                 10.      Corrections;
                 11.      Probation, Parole and Pardon Services;
     •      Office of the Governor
                 1.      Children’s Foster Care Review Board;
                 2.      Continuum of Care;
     •      Office of the Lieutenant Governor, Division on Aging;
     •      South Carolina School for the Deaf and the Blind;
     •      Commission for the Blind, and
     •      Other entities as deemed necessary by the Office of Research and Statistics Division.
     These agencies and departments shall collect and provide client data in formats and schedules to be specified by the Office of Research and Statistics Division (Office Division).  The Office Division shall establish a Memorandum of Agreement with each agency, department or division.  These Memorandums of Agreement shall specify, but are not limited to, the confidentiality of client information, the conditions for the release of data that may identify agencies, departments, divisions, programs and services, or clients, any restrictions on the release of data so as to be compliant with state and federal statutes and regulations on confidentiality of data, conditions under which the data may be used for research purposes, and any security measures to be taken to insure the confidentiality of client information.
     To ensure accountability and the coordinated, efficient delivery of health and human services, the Office Division shall implement, in consultation with state health and human services agencies and other entities as deemed necessary by the Office Division, an integrated data system that includes client data from all participating agencies.
     In order to provide for inclusion of other entities into the South Carolina Health and Human Services Data Warehouse and other research and analytic-oriented applications that will assist the state in the efficient and effective provision of services, the Office Division shall have the authority to enter into agreements or transactions with any federal, state or municipal agency or other public institution or with any private individual, partnership, firm, corporation, association or other entity to provide statistical, research and information dissemination services including, but not limited to, program and outcomes evaluation, program monitoring/surveillance, projects to determine the feasibility of data collection and/or analyses, information dissemination and research.  The confidentiality of data collected under these initiatives shall comply with applicable state and federal laws governing the privacy of data.      The Office shall have the power to promulgate regulations, policies and procedures, in consultation with the participating agencies, for the development, protection and operation of the Data Warehouse, other research and analytic-oriented applications, and their underlying processes.
     The Office Division shall develop internet-accessible secure analytic query tools (such as analytic cubes) using integrated client data from the Warehouse.  All agencies shall cooperate with the Office Division in the development of these analytic tools. It is the intent of this provision that the analytic tools developed under this provision shall be made available to members of the South Carolina General Assembly and their research staff members, state agencies, and researchers. To that end, the Office Division shall, in consultation with the participating agencies, promulgate regulations addressing access to and use and release of information generated through use of the query tools.
     All state agencies participating in the Warehouse shall utilize it and its associated software applications in the day-to-day operation of their programs and for coordination, collaboration, program evaluation and outcomes analysis.  The Department of Health and Environmental Control shall be exempt from usage of the integrated client management system and the analytic query tools in the day-to-day operation of their Client Automated Record and Encounter System and their South Carolina Community Assessment Network, but shall provide the Warehouse with client data from the system and network.
     No state agency shall duplicate any of the responsibilities of this provision.
     For purposes of this subsection, all state laws, regulations, or any rule of any state agency, department, board, or commission having the effect or force of law that prohibits or is inconsistent with any provision of this subsection is hereby declared inapplicable to this subsection.
     117.14.      (GP: Discrimination Policy)  It is the policy of the State of South Carolina to recruit, hire, train, and promote employees without discrimination because of race, color, sex, national origin, age, religion or physical disability.  This policy is to apply to all levels and phases of personnel within state government, including but not limited to recruiting, hiring, compensation, benefits, promotions, transfers, layoffs, recalls from layoffs, and educational, social, or recreational programs.  It is the policy of the State to take affirmative action to remove the disparate effects of past discrimination, if any, because of race, color, sex, national origin, age, religion or physical disability.
     Each state agency shall submit to the State Human Affairs Commission employment and filled vacancy data by race and sex by October thirty-first, of each year.
     In accordance with Section 1-13-110 of the South Carolina Code of Laws of 1976, as amended, the Human Affairs Commission shall submit a report on the status of state agencies’ Affirmative Action Plans and Programs to the General Assembly by February 1 each year. This report shall contain the total number of persons employed in each job group, by race and sex, at the end of the preceding reporting period, a breakdown by race and sex of those hired or promoted from within the agency during the reporting period, and an indication of whether affirmative action goals were achieved.  For each job group referenced in the Human Affairs report, where the hiring of personnel does not reflect the percentage goals established in the agency’s affirmative action plan for the year in question, the state agency shall submit a detailed explanation to the Human Affairs Commission by February fifteenth, explaining why goals were not achieved.
     The Human Affairs Commission shall review the explanations and notify the Budget and Control Board of any agency not in satisfactory compliance with meeting its stated goals.
     The Budget and Control Board shall notify any agency not in compliance that their request for additional appropriations for the current appropriation cycle, may not be processed until such time as the Budget and Control Board, after consultation with the Human Affairs Commission, is satisfied that the agency is making a good faith effort to comply with its affirmative action plan, and that the compliance must be accomplished within a reasonable length of time to be determined by the mission and circumstances of the agency.  This requirement shall not affect additional appropriation requests for public assistance payments or aid to entities.  This section does not apply to those agencies that have been exempted from the reporting requirements of the Human Affairs Commission.
     117.15.      (GP: Personal Service Reconciliation, FTEs)  In order to provide the necessary control over the number of employees, the Budget and Control Board is hereby directed to maintain close supervision over the number of state employees, and to require specifically the following:
           1.      That no state agency exceed the total authorized number of full-time equivalent positions and those funded from state sources as provided in each section of this act except by majority vote of the Budget and Control Board.
           2.      That the Budget and Control Board shall maintain and make, as necessary, periodic adjustments thereto, an official record of the total number of authorized full-time equivalent positions by agency for state and total funding sources.
                 (a)      That within thirty (30) days of the passage of the Appropriation Act or by August first, whichever comes later, each agency of the State must have established on the Budget and Control Board records all positions authorized in the Act.  After that date, the Board shall delete any non-established positions immediately from the official record of authorized full-time equivalent positions.  No positions shall be established by the board in excess of the total number of authorized full-time equivalent positions.  Each agency may, upon notification to the Budget and Control Board, change the funding source of state FTE positions established on the Budget and Control Board records as necessary to expend federal and other sources of personal service funds to conserve or stay within the state appropriated personal service funds.  No agency shall change funding sources that will cause the agency to exceed the authorized number of state or total full-time equivalent positions.  Each agency may transfer FTEs between programs as needed to accomplish the agency mission.
                 (b)      That by September thirtieth, the board shall prepare a personal service analysis, by agency, which shows the number of established positions for the fiscal year and the amount of funds required, by source of funds, to support the FTE’s for the fiscal year at a funding level of one hundred percent.  The board shall then reconcile each agency’s personal service detail with the agency’s personal service appropriation as contained in the Act adjusted for any pay increases and any other factors necessary to reflect the agency’s personal service funding level.  The board shall provide a copy of each agency’s personal service reconciliation to the Senate Finance and House Ways and Means Committees.
                 (c)      That any position which is shown by the reconciliation to be unfunded or significantly underfunded may be deleted at the direction of the Budget and Control Board.
           3.      That full-time equivalent (FTE) positions shall be determined under the following guidelines:
                 (a)      The annual work hours for each FTE shall be the agency’s full-time standard annual work hours.
                 (b)      The state FTE shall be derived by multiplying the state percentage of budgeted funds for each position by the FTE for that position.
                 (c)      All institutions of higher education shall use a value of 0.75 FTE for each position determined to be full-time faculty with a duration of nine (9) months.
     The FTE method of accounting shall be utilized for all authorized positions.
           4.      That the number of positions authorized in this act shall be reduced in the following circumstances:
                 (a)      Upon request by an agency.
                 (b)      When anticipated federal funds are not made available.
                 (c)      When the Budget and Control Board, through study or analysis, becomes aware of any unjustifiable excess of positions in any state agency.
           5.      That the Budget and Control Board shall annually reconcile personal service funds with full-time employee count.  Unfunded positions will be eliminated no later than January fifteenth of the current fiscal year unless specifically exempted elsewhere in this act or by the Budget and Control Board.  The Budget and Control Board must report the full-time employee count and unfunded position status to the Senate Finance Committee and the Ways and Means Committee by February first of the current fiscal year.
           6.      That no new permanent positions in state government shall be funded by appropriations in acts supplemental to this act but temporary positions may be so funded.
           7.      That the provisions of this section shall not apply to personnel exempt from the State Classification and Compensation Plan under item I of Section 8-11-260 of the 1976 Code.
     The Governor, in making his appropriation recommendations to the Ways and Means Committee, must provide that the level of personal service appropriation recommended for each agency is at least ninety-seven percent of the funds required to meet one hundred percent of the funds needed for the full-time equivalents positions recommended by the Governor (exclusive of new positions).
     117.16.      (GP: Allowance for Residences & Compensation Restrictions)  That salaries paid to officers and employees of the State, including its several boards, commissions, and institutions shall be in full for all services rendered, and no perquisites of office or of employment shall be allowed in addition thereto, but such perquisites, commodities, services or other benefits shall be charged for at the prevailing local value and without the purpose or effect of increasing the compensation of said officer or employee.  The charge for these items may be payroll deducted at the discretion of the Comptroller General or the chief financial officer at each agency maintaining its own payroll system.  This shall not apply to the Governor’s Mansion, nor to guards at any of the state’s penal institutions and nurses and attendants at the Department of Disabilities and Special Needs, and registered nurses providing clinical care at the MUSC Medical Center, nor to the Superintendent and staff of John de la Howe School, nor to the cottage parents and staff of Wil Lou Gray Opportunity School, nor to full-time or part-time staff who work after regular working hours in the SLED Communications Center or Maintenance Area, nor to adult staff at the Governor’s School for Science and Mathematics and the Governor’s School for Arts and Humanities who are required to stay on campus by the institution because of job requirements or program participation.  Any state institution of higher learning may provide complimentary membership privileges to employees who work at their wellness centers.  The presidents of those state institutions of higher learning authorized to provide on-campus residential facilities for students may be permitted to occupy residences on the grounds of such institutions without charge.
     Any state institution of higher learning may provide a housing allowance to the president in lieu of a residential facility, the amount to be approved by the Budget and Control Board.
     That the following may be permitted to occupy residences owned by the respective departments without charge:  the Farm Director, Farm Managers, and Specialists employed at the Wateree River Correctional Institution; the South Carolina State Commission of Forestry fire tower operators, forestry aides, and caretaker at central headquarters; the Department of Natural Resources’ Game Management Personnel, Fish Hatchery Superintendents Personnel, Lake Superintendent, and Fort Johnson Superintendent; the Department of Parks, Recreation and Tourism field personnel in the State Parks Division; Director of Wil Lou Gray Opportunity School; President of the School for the Deaf and the Blind; houseparents for the Commission for the Blind; South Carolina Department of Health and Environmental Control personnel at the State Park Health Facility and Camp Burnt Gin; Residence Life Coordinators at Lander University; Residence Life Directors, temporary and transition employees, student interns, and emergency personnel at Winthrop University; Farm Superintendent at Winthrop University; Residence Hall Directors at the College of Charleston; the Department of Disabilities and Special Needs’ physicians and other professionals at Whitten Center, Clemson University Off-Campus Agricultural Staff and Housing Area Coordinators; and TriCounty Technical College’s Bridge to Clemson Resident and Area Directors.  Except in the case of elected officials, the fair market rental value of any residence furnished to a state employee shall be reported by the state agency furnishing the residence to the Agency Head Salary Commission, and the Division of Budget and Analyses by October first, of each fiscal year.
     All salaries paid by departments and institutions shall be in accord with a uniform classification and compensation plan, approved by the Budget and Control Board, applicable to all personnel of the State Government whose compensation is not specifically fixed in this act. Such plan shall include all employees regardless of the source of funds from which payment for personal service is drawn.  The Division of Budget and Analyses of the Budget and Control Board is authorized to approve temporary salary adjustments for classified and unclassified employees who perform temporary duties which are limited by time and/or funds.  When approved, a temporary salary adjustment shall not be added to an employee’s base salary and shall end when the duties are completed and/or the funds expire.  Academic personnel of the institutions of higher learning and other individual or group of positions that cannot practically be covered by the plan may be excluded therefrom but their compensations as approved by the Division of Budget and Analyses shall, nevertheless, be subject to review by the Budget and Control Board.  Salary appropriations for employees fixed in this act shall be in full for all services rendered, and no supplements from other sources shall be permitted or approved by the Budget and Control Board.  With the exception of travel and subsistence, legislative study committees shall not compensate any person who is otherwise employed as a full-time state employee.  Salaries of the heads of all agencies of the State Government shall be specifically fixed in this act and no salary shall be paid any agency head whose salary is not so fixed.  As long as there is no impact on appropriated funds, state agencies and institutions shall be allowed to spend public funds and/or other funds for designated employee award programs which shall have written criteria approved by the agency governing board or commission.  For purposes of this section, monetary awards, if any, shall not be considered a part of an employee’s base salary, a salary supplement, or a perquisite of employment.  The names of all employees receiving monetary awards and the amounts received shall be reported annually to the South Carolina Division of Budget and Analyses.
     In the case of lodging furnished by certain higher education institutions to employees, the prevailing local rate does not apply if the institution meets the exceptions for inadequate rent described in the current Internal Revenue Code Section 119(d)(2).  To meet the exception, rental rates must equal the lesser of five percent of the appraised value of the qualified campus lodging, or the average of the rentals paid by individuals (other than employees or students of the educational institution) during the calendar year for lodging provided by the educational institution which is comparable to the qualified campus lodging provided to the employee, over the rent paid by the employee for the qualified campus lodging during the calendar year.  The appraised value shall be determined as of the close of the calendar year in which the taxable year begins, or, in the case of a rental period not greater than one year, at any time during the calendar year in which the period begins.
     117.17.      (GP: Universities & Colleges - Allowance for Presidents)  Presidents of the University of South Carolina, Clemson University, the Medical University of South Carolina, The Citadel, Winthrop University, South Carolina State University, Francis Marion University, University of Charleston, Coastal Carolina University and Lander University must not be paid a fixed allowance for personal expenses incurred in connection with the performance of their official duties.  Reimbursements may be made to the presidents from funds available to their respective institutions for any personal expenses incurred provided that all requests for reimbursement are supported by properly documented vouchers processed through the normal accounting procedures of the institutions.
     117.18.      (GP: Replacement of Personal Property)  The Department of Juvenile Justice, Department of Corrections, Department of Probation, Parole and Pardon Services, Department of Mental Health, Department of Disabilities and Special Needs, Continuum of Care, Department of Social Services and School for the Deaf and the Blind may replace the personal property of an employee which has been damaged or destroyed by a client while in custody of the agency.  The replacement of personal property may be made only if the loss has resulted from actions by the employee deemed to be appropriate and in the line of duty by the agency head and if the damaged or destroyed item is found by the agency head to be reasonable in value, and necessary for the employee to carry out the functions and duties of his employment.  Replacement of damaged or destroyed items shall not exceed $250 per item, per incident.  Each agency must have guidelines to insure the reasonableness of the replacement payments.
     117.19.      (GP: Business Expense Reimbursement)  Agency heads and deputy commissioners or deputy directors designated by agency heads may receive reimbursements for business expenses incurred while performing their official duties, provided that receipts are presented when seeking reimbursement and justification is submitted to document the time, place, and purpose of the expense as well as the names of the individuals involved.  The Budget and Control Board shall promulgate regulations governing these expenses.
     117.20.      (GP: Per Diem)  The per diem allowance of all boards, commissions and committees shall be at the rate of thirty-five ($35) dollars per day.  No full-time officer or employee of the State shall draw any per diem allowance for service on such boards, commissions or committees.
     117.21.      (GP: Travel - Subsistence Expenses & Mileage)  Travel and subsistence expenses, whether paid from state appropriated, federal, local or other funds, shall be allowed in accordance with the following provisions:
           (A)      Unless otherwise provided in paragraphs B through H of this section, all employees of the State of South Carolina or any agency thereof including employees and members of the governing bodies of each technical college while traveling on the business of the State shall, upon presentation of a paid receipt, be allowed reimbursement for actual expenses incurred for lodging, not to exceed the current maximum lodging rates, excluding taxes, established by the U.S. General Services Administration.  The lodging reimbursement for employees of a school district must also conform to these rates when that employee's travel reimbursement is paid by state funds that are transferred to the school district.  Agencies may contract with lodging facilities to pay on behalf of an employee.  Failure to maintain proper control of direct payments for lodging may result in the revocation of the agency’s authority by the Comptroller General or the State Auditor.  The employee shall also be reimbursed for the actual expenses incurred in the obtaining of meals except that such costs shall not exceed $25 per day within the State of South Carolina.  For travel outside of South Carolina the maximum daily reimbursement for meals shall not exceed $32.  Agencies may contract with food or dining facilities to pay for meals on behalf of employees in accordance with rules and regulations established by the Budget and Control Board.  It shall be the responsibility of the agency head to monitor the charges for lodging which might be claimed by his employees in order to determine that such charges are following maximum lodging rates as established by the U.S. General Services Administration.  Any exceptions must have the written approval of the agency head, taking into consideration location, purpose of travel or other extenuating circumstances.  The provisions of this item shall not apply to Section 42-3-40 of the 1976 Code, and when pertaining to institutions of higher learning, for travel paid with funds other than General Funds.
           (B)      That employees of the State, when traveling outside the United States, Canada, and Puerto Rico upon promotional business for the State of South Carolina shall be entitled to actual expenses for both food and lodging.
           (C)      The Governor, Lieutenant Governor, Secretary of State, Comptroller General, Attorney General, State Treasurer, Adjutant General, Superintendent of Education and the Commissioner of Agriculture shall be reimbursed actual expenses for subsistence.
           (D)      Non-legislative members of committees appointed pursuant to Acts and Resolutions of the General Assembly whose membership consists solely of members of the General Assembly or members of the General Assembly and other personnel who are not employees of the State of South Carolina shall be allowed subsistence expenses of $35 per day while traveling on official business, unless otherwise designated by law.  Members of such committees may opt to receive actual expenses incurred for lodging and actual expenses incurred in the obtaining of meals in lieu of the allowable subsistence expense.
           (E)      Members of the state boards, commissions, or committees whose duties are not full-time and who are paid on a per diem basis, shall be allowed reimbursement for actual expenses incurred at the rates provided in paragraph A and I of this section while away from their places of residence on official business of the State.  One person accompanying a handicapped member of a state board, commission, or committee on official business of the State shall be allowed the same reimbursement for actual expenses incurred at the rates provided in paragraph A through I of this section.
           (F)            No subsistence reimbursement shall be allowed to a Justice of the Supreme Court or Judge of the Court of Appeals while traveling in the county of his official residence.  When traveling on official business of said court within fifty miles outside the county of his official residence, a Supreme Court Justice and a Judge of the Court of Appeals shall be allowed subsistence expenses in the amount of $35 per day plus such mileage allowance for travel as is provided for other employees of the State.  When traveling on official business of said court fifty or more miles outside the county of his official residence, each Justice and Judge of the Court of Appeals shall be allowed subsistence expenses in the amount as provided in this act for members of the General Assembly plus such mileage allowance for travel as is provided for other employees of the State.  The Chief Justice, or such other person as the Chief Justice designates, while attending the Conference of Chief Justices and one member of the Supreme Court while attending the National Convention of Appellate Court Judges, and three Circuit Judges while attending the National Convention of State Trial Judges shall be allowed actual subsistence and travel expenses.
     Upon approval of the Chief Justice, Supreme Court Justices, Judges of the Court of Appeals, Circuit Judges, and Family Court Judges shall be reimbursed for actual expenses incurred for all other official business requiring out-of-state expenses at the rate provided in paragraph A of this section.
           (G)      No subsistence reimbursements are allowed to a Circuit Judge, a Family Court Judge, or an Administrative Law Judge while holding court within the county in which he resides.  While holding court or on other official business outside the county, within fifty miles of his residence, a Circuit Court Judge, Family Court Judge, or an Administrative Law Judge is entitled to a subsistence allowance in the amount of $35 per day plus such mileage allowance for travel as is provided for other employees of the State.  While holding court or on other official business at a location fifty miles or more from his residence, a Circuit Court, Family Court or Administrative Law Judge is entitled to a subsistence allowance in the amount as provided in this act for members of the General Assembly plus such mileage allowance for travel as is provided for other employees of the State.
           (H)      Any retired Justice, Circuit Court Judge or Family Court Judge or Master-in-Equity appointed by the Supreme Court to serve as a Special Circuit Judge, Family Court Judge, Appeals Court Judge, or Acting Associate Justice shall serve without pay but shall receive the same allowance for subsistence, expenses, and mileage as provided in Part I for Circuit Court Judges.
           (I)      No expense shall be allowed an employee either at his place of residence or at the official headquarters of the agency by which he is employed except as provided in paragraph E, of this section.  When an employee is assigned to work a particular territory or district, and such territory or district and his official headquarters are in different localities or sections of the State, expenses may be allowed for the necessary travel to his official headquarters.  The members of the Workers’ Compensation Commission may be reimbursed at the regular mileage rate of one round trip each week from their respective homes to Columbia.  No subsistence reimbursement shall be allowed to a member of the Workers’ Compensation Commission while traveling in the county of his official residence.  When traveling on official business of the commission outside the county of his official residence, a member of the Workers’ Compensation Commission shall be allowed subsistence expenses in the amount of $35 per day.  When traveling on official business of the commission fifty or more miles outside the county of his official residence, each member shall be allowed a subsistence allowance in the amount as provided in this act for members of the General Assembly.  When out-of-state, members of the Workers’ Compensation Commission and the members of the Appellate Panel of the Department of Employment and Workforce may claim the established amount of per diem, as stated in the General Appropriation Act, or actual expenses as deemed reasonable by the Comptroller General.  The members of the Appellate Panel of the Department of Employment and Workforce may be reimbursed at the regular mileage rate when the member is on official business fifty miles or more outside of Columbia.  The members of the Appellate Panel of the Department of Employment and Workforce shall be allowed subsistence allowance in the amount as provided in this act for members of the General Assembly when the member is on official business fifty miles or more outside of Columbia.
           (J)      When an employee of the State shall use his or her personal automobile in traveling on necessary official business, a charge to equal the standard business mileage rate as established by the Internal Revenue Service will be allowed for the use of such automobile and the employee shall bear the expense of supplies and upkeep thereof.  The standard business mileage rate used in this calculation shall be the current rate established by the Internal Revenue Service.  Whenever state provided motor pool vehicles are reasonably available and their use is practical and an employee of the State shall request for his own benefit to use his or her personal vehicle in traveling on necessary official business, a charge of four cents per mile less than the standard business mileage rate as established by the Internal Revenue Service will be allocated for the use of such vehicle and the employee shall bear the expense of supplies and upkeep thereof.  The standard business mileage rate used in this calculation shall be the current rate established by the Internal Revenue Service.  When such travel is by a state-owned automobile, the State shall bear the expense of supplies and upkeep thereof but no mileage will be allowed.  Agencies and employees are directed to use state fueling facilities to the maximum extent possible, when such use is cost beneficial to the State.  When using commercial fueling facilities, operators of State-owned vehicles are directed to use self-service pumps.  In traveling on the business of the State, employees are required to use the most economical mode of transportation, due consideration being given to urgency, schedules and like factors.
           Mileage between an employee’s home and his/her place of employment is not subject to reimbursement.  However, when an employee leaves on a business trip directly from his/her home, and does not go by the employee’s headquarters, the employee shall be eligible for reimbursement for actual mileage beginning at his/her residence.
           (K)      That a state agency may advance travel and subsistence expense monies to employees of that agency for the financing of ordinary and necessary travel required in the conducting of the business of the agency.  The Budget and Control Board is directed to develop and publish rules and regulations pertaining to the advancing of travel expenses and no state agency shall make such advances except under the rules and regulations as published.  All advances for travel and subsistence monies shall be repaid to the agency within thirty days after the end of the trip or by July fifteenth, whichever comes first.
           (L)      That the state institutions of higher learning are authorized to reimburse reasonable relocation expenses for new employees when such reimbursements are considered by the agency head to be essential to successful recruitment of professionally competent staff members.
           (M)       The Budget and Control Board is authorized to promulgate and publish rules and regulations governing travel and subsistence payments.
           (N)       No state funds may be used to purchase first class airline tickets.
     117.22.      (GP: Organizations Receiving State Appropriations Report)  Each organization receiving a contribution in this act shall render to the state agency making the contribution by November first of the fiscal year in which funds are received, an accounting of how the state funds will be spent, a copy of the adopted budget for the current year, and also a copy of the organization’s most recent operating financial statement.  The funds appropriated in this act for contributions shall not be expended until the required financial statements are filed with the appropriate state agency.  No funds in this act shall be disbursed to organizations or purposes which practice discrimination against persons by virtue of race, creed, color or national origin.  The State Auditor shall review and audit, if necessary, the financial structure and activities of each organization receiving contributions in this act and make a report to the General Assembly of such review and/or audit, when requested to do so by the Budget and Control Board.
     117.23.      (GP: State Owned Aircraft - Maintenance Flight Logs)  Each agency having in its custody one or more aircraft shall maintain a continuing log on all flights, which in order to promote accountability and transparency shall be open for public inspection and shall also be posted online.  Any and all aircraft owned or operated by agencies of the State Government shall be used only for official business.  The Division of Aeronautics and other agencies owning and operating aircraft may furnish transportation to the Governor, Constitutional Officers, members of the General Assembly, members of state boards, commissions, and agencies and their invitees for official business only; no member of the General Assembly, no member of a state board, commission, or committee, and no state official shall use any state owned or operated aircraft of the Division of Aeronautics unless the member or official files within forty-eight twenty-four hours after the time of departure completion of the flight with the Division of Aeronautics agency that provided the flight a sworn statement certifying and describing the official nature of his trip; and no member of the General Assembly, no member of a state board, commission or committee, and no state official shall be furnished air transportation by a state agency other than the Division of Aeronautics unless such agency prepares and maintains in its files a sworn statement from the highest ranking official of the agency or its designee certifying that the member’s or state official’s trip was in conjunction with the official business of the agency.  Official business shall not include routine transportation to and from meetings of the General Assembly or committee meetings for which mileage is authorized.  Official business also does not include attending a press conference, bill signing, or political function.
     All logs shall be signed by the parties using the flight and the signatures shall be maintained as part of the permanent record of any agency.  All passengers shall be listed on the flight log by their legal name; passengers flying with an appropriate official of SLED or the  Department of Commerce whose confidentiality must, in the opinion of SLED or the department, be protected shall be listed in writing on the flight log as "Confidential Passenger SLED or the Department of Commerce (strike one)" and the appropriate official of SLED or the department shall certify to the agency operating the aircraft the necessity for such confidentiality.  The Division of Aeronautics shall post its flight logs on its website within one working day of completion of trips.
     Violation of the above provisions of this section is prima facie evidence of a violation of Section 8-13-700(A) of the 1976 Code and shall subject a violating member of the General Assembly to the ethics procedure of his appropriate house and shall subject a violating member of a state board, commission or committee, or a state official to the applicable ethics procedure relating to them as provided by law.  The above provisions do not apply to state owned or operated aircraft of the Division of Aeronautics when used by the Medical University of South Carolina, nor to aircraft of the athletic department or the educational foundations of any state-supported institution of higher education, nor to law enforcement officers when flying on state owned aircraft in pursuit of fugitives, missing persons, or felons or for investigation of gang, drug, or other violent crimes.
     Aircraft owned by agencies of state government shall not be leased to individuals for their personal use.
     117.24.      (GP: Carry Forward)  Each agency is authorized to carry forward unspent general fund appropriations from the prior fiscal year into the current fiscal year, up to a maximum of ten percent of its original general fund appropriations less any appropriation reductions for the current fiscal year.  Agencies shall not withhold services in order to carry forward general funds.
     This provision shall be suspended if necessary to avoid a fiscal yearend general fund deficit.  For purposes of this proviso, the amount of the general fund deficit shall be determined after first applying the Capital Reserve Fund provisions in Section 11-11-320(D) of the 1976 Code, and before any transfers from the General Reserve.  The amount of general funds needed to avoid a year-end deficit shall be reduced proportionately from each agency’s carry forward amount.
     Agencies which have separate general fund carry forward authority must exclude the amount carried forward by such separate authority from their base for purposes of calculating the ten percent carry forward authorized herein.  Any funds that are carried forward as a result of this provision are not considered part of the base of appropriations for any succeeding years.
     117.25.      (GP: TEFRA-Tax Equity and Fiscal Responsibility Act)  It is the intent of the General Assembly that the State Medicaid Plan be amended to provide benefits for disabled children as allowed by the Tax Equity and Fiscal Responsibility Act (TEFRA) option.  State agencies, including but not limited to, the Department of Social Services - the Continuum of Care, the Department of Health and Environmental Control, the Department of Mental Health, the Department of Disabilities and Special Needs, and the Department of Health and Human Services shall collectively review and identify existing state appropriations within their respective budgets that can be used as state match to serve these children.  Such funds shall be used effective January 1, 1995 to implement TEFRA option benefits.  Agencies providing services under the provisions of this paragraph must not spend less in the current fiscal year than expended in the previous fiscal year.
     117.26.      (GP: Frequent Flyer Premiums)  State agencies and employees shall select air carriers based on cost and time criteria, not on whether frequent flyer premiums are given.  State agencies should ensure that employees earning frequent flyer premiums while traveling on state business use them to reduce the cost of subsequent business travel whenever possible.
     117.27.      (GP: Prison Industries)  All agencies funded in this act, when procuring goods and services, shall first consider contracting for services or purchasing goods and services through the Department of Corrections’ Prison Industries Program.  The Department of Corrections shall furnish, upon request, to all agencies a catalogue of goods and services provided by Prison Industries.  The department is hereby directed to develop and market a catalogue of Prison Industries products for nationwide circulation.
     117.28.      (GP: Travel Report)  Annually on November first, the Comptroller General shall issue a report on travel expenditures for the prior fiscal year which shall be distributed to the Senate Finance Committee, the House Ways and Means Committee, and the Statehouse Press Room.  The Comptroller General may use up to $500 of general fund appropriations for the purpose of providing copies to the media or the public upon request.  The report must contain a listing for every agency receiving an appropriation in the annual General Appropriations Act.  The listing must show at a minimum the top ten percent of employees for whom travel expenses and registration fees were paid within each agency, not to exceed twenty-five employees per agency.  Agencies should include position titles for each of the top twenty-five travelers for each agency.  Expenditures must include state, federal and other sources of funds.  Expenditures for in-state and out-of-state registration fees (fees to attend conferences, teleconferences, workshops, or seminars for training on a per person basis) must be shown as a separate subtotal within the grand total for the individual employees and the agency as a whole.  The list for each agency must be in rank order with the largest expenditure first and the name of the employee must be shown with each amount.  Agencies should include a brief summary of the type of travel the agency incurs.  The Comptroller General may provide additional information as deemed appropriate.  The Comptroller General shall provide no exceptions to this report in that the information contained is not considered confidential or restricted for economic development purposes.  However, further disclosure of detailed information shall be restricted as provided for by law.
     117.29.      (GP: School Technology Initiative)  From the funds appropriated/authorized for the K-12 technology initiative, the Department of Education, in consultation with the Budget and Control Board’s Division of State Information Technology, the State Library, and the Educational Television Commission, and a representative from the Education Oversight Committee, shall administer the K-12 technology initiative funds.  These funds are intended to provide technology, encourage effective use of technology in K-12 public schools throughout the state, conduct cost/benefit analyses of the various technologies, and should, to the maximum extent possible, involve public-private sector collaborative efforts.  Funds may also be used to establish pilot projects for new technologies with selected school districts as part of the evaluation process.  K-12 technology initiative funds shall be retained and carried forward to be used for the same purpose.
     117.30.      (GP: State Operated Day Care Facilities Fees)  Any state agency receiving funding in this act and any higher education institution, including four-year institutions, two-year institutions, and technical colleges, that operates an early childhood development center or day care facility shall charge, at a minimum, fees that are comparable to those charged by private day care facilities in the local community. The institution or agency shall not restrict enrollment in the center solely to the children of faculty, staff, and students of the institution; nor shall fees be set at a lower level for faculty, staff, or students of the institution or agency.
     117.31.      (GP: Base Budget Analysis)  Agencies’ annual accountability reports for the prior fiscal year, as required in Section 11-810, must be accessible to the Governor, Senate Finance Committee, House Ways and Means Committee, and to the public on or before September fifteenth, for the purpose of a zero-base budget analysis and in order to ensure that the Agency Head Salary Commission has the accountability reports for use in a timely manner.  Accountability Report guidelines shall require agencies to identify key program area descriptions and expenditures and link these to key financial and performance results measures.  The Budget and Control Board is directed to develop a process for training agency leaders on the annual agency accountability report and its use in financial, organizational, and accountability improvement.  Until performance-based funding is fully implemented and reported annually, the state supported colleges, universities and technical schools shall report in accordance with Section 59-101-350.
     117.32.      (GP: Collection on Dishonored Payments)  In lieu of any other provision of law, any state agency may collect a service charge as provided in Section 34-11-70 to cover the costs associated with the processing and collection of dishonored instruments or electronic payments where any amount is not paid by the drawee due to insufficient funds on deposit with the bank or the person upon which it was drawn when presented, or the instrument has an incorrect or insufficient signature on it.  Such funds shall be retained and expended by the agency in accordance with this purpose and any unused amount shall carry forward to the following fiscal year.
     117.33.      (GP: State DNA Database)  Funds collected by the South Carolina Department of Corrections, the Department of Probation, Parole and Pardon, and Department of Juvenile Justice to process DNA samples must be remitted to the State Law Enforcement Division to offset the expenses incurred to operate the State DNA Database program.  SLED may retain, expend, and carry forward these funds.  Any carry forward funds resulting from the DNA Database program must be used solely to operate the DNA Database program.
     117.34.      (GP: Innovative Transportation)  The Transportation Infrastructure Bank or the Railroad Commission may make grants for developing innovative transportation technology, such as light rail, mono-rail, or mono-beam.
     117.35.      (GP: Menu Option Telephone Answering Devices)  From the funds appropriated to state agencies, state agencies and their departments shall not expend funds for any type of menu option telephone answering device, unless the menu option system provides the caller with access to a non-electronic attendant or automatically transfers the caller to a non-electronic attendant.  This requirement applies during the hours of 8:30 a.m. until 5:00 p.m., Monday through Friday, excluding holidays.  This requirement does not apply to integrated voice response systems that are specifically designed to exclude human interaction.  No additional personnel may be hired to implement the requirements of this provision.
     117.36.      (GP: Voluntary Separation Incentive Program)  State agencies may implement, in consultation with the Human Resources Division of the Budget and Control Board, a program to realign resources to include provisions for a separation incentive payment for employees which may include the employer portion of health and dental benefits not to exceed one year.  Employees participating in such program shall not be eligible to participate in the Teacher and Employee Retention Incentive (TERI) program.  Employees participating in such program shall be considered to have voluntarily quit their employment without good cause and be subject to the provisions of Section 41-35-120(1) of the South Carolina Employment Security Law.  Any program developed under this provision will involve voluntary participation from employees and will be funded within existing appropriations.  The program must be approved by the agency head and the Director of the Human Resources Division based on ability to demonstrate recurring cost savings for realignment and/or permanent downsizing.  State agencies shall report the prior year’s results to the Budget and Control Board by August fifteenth, of the current fiscal year.  The Budget and Control Board, upon request, shall report to the Senate Finance Committee and the House Ways and Means Committee on these results.
     117.37.      (GP: Alternative Commitment to Truancy)  As part of its plan for an alternative school, a school district receiving funds from the Department of Education for an alternative school shall identify available alternatives to commitment for children whose truancy is approaching the level of being referred to family court.  When proceeding under S.C. Code Section 59-65-50 to bring an individual case before the family court, the school district must present this plan as well as the district’s efforts with respect to the individual child to the court.  Each school district’s plan under this proviso shall include possible assignment to alternative school for a non-attending child before petitioning the court.
     117.38.      (GP: Debt Collection Reports)  Each state agency shall provide to the Chairmen of the Senate Finance and House of Representatives Ways and Means Committees and the Inspector General a report detailing the amount of its outstanding debt and all methods it has used to collect that debt.  This report is due by the last day of February for the previous calendar year.  For purposes of this provision, outstanding debt means a sum remaining due and owed to a state agency by a non-governmental entity for more than sixty (60) calendar days.
     117.39.      (GP: State Funded Libraries - Web Filters)  (A)  A library receiving state funds, directly, indirectly, by grant, or otherwise, other than a library at an institution of higher learning, that has computers available for use by the public or students, or both, must equip these computers with software incorporating web-filtering technology designed to eliminate or reduce the ability of the computer to access sites displaying pornographic pictures or text.  However, up to ten percent, and at least one, of the library’s computers must be unfiltered.  Each library’s governing officials shall determine the physical location of any unfiltered computer(s).  The library also must have a written policy providing sanctions against a person who instructs or demonstrates to another person how to bypass this web-filtering technology.
     (B)      State funds intended for a library not in compliance with subsection (A) must be reduced by fifty percent.  Funds resulting from this reduction must be distributed among other libraries that are in compliance with subsection (A).
     117.40.      (GP: Tobacco Settlement Funds Carry Forward)  State agencies are hereby authorized to retain and carry forward any unexpended Tobacco Settlement Agreement funds from the prior fiscal year into the current fiscal year and to expend such funds for the same purpose.
     117.41.      (GP: Use Tax Exemption)  For the current fiscal year there is exempt from the use tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code the sales price of tangible personal property purchased for use in private primary and secondary schools, including kindergartens and early childhood education programs, which are exempt from income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code.  For the purposes of this item, the Internal Revenue Code means Internal Revenue Code as described in Section 12-6-40 of the 1976 Code.  This exemption applies for sales occurring after 1995.  No refund is due any taxpayer of use tax paid on sales exempted by this paragraph.
     117.42.      (GP: Personal Property Tax Relief Fund)  For the current fiscal year, Section 12-37-2735 of the 1976 Code is suspended.  If the Personal Property Tax Exemption Sales Tax is imposed in a county and a sales tax rate of two percent of gross proceeds of sales is insufficient to offset the property tax not collected, sufficient amounts must be credited to the Trust Fund for Tax Relief established pursuant to Section 11-11-150 of the 1976 Code to provide the reimbursement to offset such a shortfall in the manner provided in Section 4-10-540(A) of the 1976 Code.
     117.43.      (GP: COG Annual Report)  Each Council of Government shall submit a report to the Senate Finance Committee and the House Ways and Means Committee by December first each year describing how the funds which they received from the State in the prior fiscal year were expended.
     117.44.      (GP: Governor’s Office, Veterans Affairs)  Of the funds appropriated for the Division of Veterans Affairs, the Director of the Division shall appoint an additional claims representative within the Division of Veterans Affairs, who, in addition to being charged with the duty of assisting all ex-servicemen, regardless of the wars in which their service may have been rendered, in filing, presenting, and prosecuting to final determination all claims which they have for money compensation, hospitalization, training, and insurance benefits under the terms of federal legislation, shall also specialize in the specific needs and diseases associated with veterans of the Vietnam era.  The person appointed as a claims representative under this section must be versed in federal legislation relating to these matters and the rules, regulations, and practice of the Veterans Administration as created by Congress and his appointment must be approved by the Governor.
     Subject to the direction of the director, and in addition to other duties prescribed in this section, the claims representative appointed pursuant to this section may represent the Division of Veterans Affairs on the South Carolina Agent Orange Advisory Council and on the Hepatitis C Coalition established by the South Carolina Department of Health and Environmental Control, assist the Division of Veterans Affairs in carrying out its duties in connection with the Agent Orange Information and Assistance program, represent the director in connection with functions relating to Vietnam veterans, and perform other duties as may be assigned by the director.
     117.45.      (GP: South Carolina Recycling Initiative)  To protect the public health and safety, protect and preserve the environment of this State, and to recover resources which have the potential for usefulness in the most environmentally safe, economically feasible and cost effective manner, state agencies shall purchase recycled steel unless the item cannot be acquired competitively at a reasonable price.
     117.46.      (GP: Life and Palmetto Fellows Scholarships Waiver Exemption)        Any provision in permanent law or in Part IB, Section 117 of this act, except that which is specified for LIFE and Palmetto Fellows Scholarships, that would require general fund appropriations other than what is specified in Part IA of this act is waived for the current fiscal year.
     117.47.      (GP: Sole Source Procurements)  The Budget and Control Board shall evaluate and determine whether the written determinations, explanations, and basis for sole source procurements, pursuant to S.C. Code Section 11-35-1560, and emergency procurements, pursuant to S.C. Code Section 11-35-1570, are legitimate and valid reasons for awarding non-competitive contracts.
     117.48.      (GP: DMV Data)  The Department of Motor Vehicles shall provide access, in compliance with all state and federal privacy protection statues, to the following data and reports without charge to the South Carolina Department of Transportation:
           (1)      all collision data and collision reports;
           (2)      registration information used for toll enforcement; and
           (3)      driver records of employees or prospective employees.
     117.49.      (GP: Parking Fees)  State agencies shall not impose additional parking fees or increases in current fees for state employees during the current fiscal year.  This provision does not apply to any college or university.
     117.50.      (GP: Constitutional Officer & Agency Head Voluntary Furlough)  All constitutional officers and agency heads may take up to thirty-six days furlough in the current fiscal year.  The officials will retain all responsibilities and authority during the furlough.  All monies saved from this furlough may be retained by that agency and expended at the discretion of the constitutional officer or agency head.  During this furlough, the constitutional officer or agency head shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries.  As to those benefits which require employer and employee contributions, the state agency will be responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the constitutional officer or agency head remains solely responsible for making those contributions.
     117.51.      (GP: Tobacco Funds)  The Tobacco Settlement Revenue Management Authority may determine by resolution that some or all of the amounts on deposit in the Healthcare Tobacco Settlement Trust Fund established pursuant to Section 11-11-170, whether in the form of principal or interest, may be used to refund bonds issued pursuant to Chapter 49, Title 11, to purchase such bonds, directly or indirectly, and/or to secure bonds issued to refund such bonds.  Any amounts received by the Authority pursuant to the preceding clause in excess of the amount required to refund or purchase such bonds and all tobacco settlement receipts received by the State pursuant to Section 11-49-130 must be deposited directly with the Department of Health and Human Services for health care expenditures to achieve the maximum Medicaid match.
     117.52.      (GP: Facility Rental Fee)  The Governor’s School for the Arts and Humanities, Governor’s School for Science and Mathematics, Wil Lou Gray Opportunity School, and John de la Howe School are authorized to charge, collect, expend and carry forward fees charged for facility and equipment rental and registration.
     117.53.      (GP: Insurance Claims)  Any insurance reimbursement to an agency may be used to offset expenses related to the claim.  These funds may be retained, expended, and carried forward.
     117.54.      (GP: Organizational Charts)  All agencies, departments and institutions of state government shall furnish to the Office of Human Resources Division (1) a current personnel organizational chart annually no later than September 1 of the current fiscal year, or upon the request of the Office Division and (2) notification of any change to the agency’s organizational structure which impacts an employee’s grievance rights within 30 days of such change.  The organizational chart shall be in a form prescribed by the Office of Human Resources Division showing all authorized positions, class title, class code, class slot position number and indications as to whether such positions are filled or vacant.  In addition, the organizational chart shall clearly identify those employees who are exempt from the State Employee Grievance Procedure Act.
     117.55.      (GP: Agencies Affected by Restructuring)  Upon restructuring of state agencies by the General Assembly  the Budget and Control Board is directed to work with affected State agencies in order to phase-in operations of restructured organizations during the current fiscal year.  Restructured organizations should be operating entirely under the revised structure no later than December thirty-first, of the current fiscal year, unless otherwise directed by law.  The Board is further directed to work with the affected agencies in order to identify and facilitate the transfer of any portion of their operations, including transfer of funds during the current fiscal year, which is affected by the restructured organization adopted by the General Assembly, but which has not already been accomplished herein.  Until sufficient changes can be made to the State’s accounting system and the appointment of appropriate agency heads, the Comptroller General and the State Treasurer shall allow those agencies affected by restructuring to continue processing documents within the account structure existing on June thirtieth, of the prior fiscal year.  Restructured agencies shall make all the necessary accounting adjustments to complete the transition to the new account structure as soon as possible, but no later than December thirty-first, of the current fiscal year, unless otherwise directed by law.  The Budget and Control Board Office of State Budget Division is directed to prepare the subsequent detail budget to conform Part IA and corresponding provisos in this act to any restructuring changes that are ratified.
     117.56.      (GP: Agency Administrative Support Collaboration)  It is the intent of the General Assembly that state agencies continue to actively pursue cost savings measures through collaborative efforts and where feasible may combine administrative support functions with other agencies in order to maximize efficiency and effectiveness.
     117.57.      (GP: Assessment Audit / Crime Victim Funds)  If the State Auditor finds that any county treasurer, municipal treasurer, county clerk of court, magistrate, or municipal court has not properly allocated revenue generated from court fines, fines, and assessments to the crime victim funds or has not properly expended crime victim funds, pursuant to Sections 14-1-206(B)(D), 14-1-207(B)(D), 14-1-208(B)(D), and 141-211(B) of the 1976 Code, the State Auditor shall notify the State Office of Victim Assistance.  The State Office of Victim Assistance is authorized to conduct an audit which shall include both a programmatic review and financial audit of any entity or non-profit organization receiving victim assistance funding based on the referrals from the State Auditor or complaints of a specific nature received by the State Office of Victim Assistance to ensure that crime victim funds are expended in accordance with the law.  Guidelines for the expenditure of these funds shall be developed by the Victim Services Coordinating Council.  The Victim Services Coordinating Council shall develop these guidelines to ensure any expenditure which meets the parameters of Title 16, Chapter 3, Article 15 is an allowable expenditure.  Any local entity or non-profit organization that receives funding from revenue generated from crime victim funds is required to submit their budget for the expenditure of these funds to the State Office of Victim Assistance within thirty days of the budget’s approval by the governing body of the entity or non-profit organization.  Failure to comply with this provision shall cause the State Office of Victim Assistance to initiate a programmatic review and a financial audit of the entity’s or non-profit organization’s expenditures of victim assistance funds.  Additionally, the State Office of Victim Assistance will place the name of the non-compliant entity or non-profit organization on their website where it shall remain until such time as they are in compliance with the terms of this proviso.  Any entity or non-profit organization receiving victim assistance funding must cooperate and provide expenditure/program data requested by the State Office of Victim Assistance.  If the State Office of Victim Assistance finds an error, the entity or non-profit organization has ninety days to rectify the error.  An error constitutes an entity or non-profit organization spending victim assistance funding on unauthorized items as determined by the State Office of Victims Assistance.  If the entity or non-profit organization fails to cooperate with the programmatic review and financial audit or to rectify the error within ninety days, the State Office of Victim Assistance shall assess and collect a penalty in the amount of the unauthorized expenditure plus $1,500 against the entity or non-profit organization for improper expenditures.  This penalty plus $1,500 must be paid within thirty days of the notification by the State Office of Victim Assistance to the entity or non-profit organization that they are in non-compliance with the provisions of this proviso.  All penalties received by the State Office of Victim Assistance shall be credited to the General Fund of the State.  If the penalty is not received by the State Office of Victim Assistance within thirty days of the notification, the political subdivision will deduct the amount of the penalty from the entity or non-profit organization’s subsequent fiscal year appropriation.
     117.58.      (GP: H.L. Hunley Museum Location)  The General Assembly approves the City of North Charleston as the permanent site of the H.L. Hunley Museum.  This approval is contingent upon the negotiation and execution of necessary contracts between the State of South Carolina and the City of North Charleston.  The Hunley Commission is directed to expend funds from its account to negotiate and execute contracts on behalf of the State of South Carolina.
     117.59.      (GP: Secure Juvenile Confinement)  The Attorney General shall review the interpretation of the current policies of the Department of Public Safety and the Department of Corrections regarding secure juvenile confinement that the departments indicate may jeopardize federal grant funds.  The departments may not implement any changes to the current policies regarding secure juvenile confinement until the Attorney General considers the departments’ interpretation of the federal Juvenile Justice and Delinquency Prevention Act in regard to the secure holding of juveniles for more than six hours in adult detention facilities that also serve as forty-eight-hour juvenile holdover facilities.  The Attorney General will determine if the departments’ interpretation is fair and equitable and how the local governments and the Department of Juvenile Justice would be impacted, to include any financial considerations.
     117.60.      (GP: ISCEDC Funding Transfer)  The departments of Mental Health, Disabilities and Special Needs, and Juvenile Justice are directed to transfer a total of $1,199,456 in funds to the Department of Social Services for the support of the Interagency System for Caring for Emotionally Disturbed Children.  Funding transfers shall be in the following amounts:  Department of Mental Health - $595,000, Department of Disabilities and Special Needs - $379,456, and Department of Juvenile Justice - $225,000.  The transfer of funds shall be accomplished by September thirtieth of the current fiscal year.
     117.61.      (GP: Employee Bonuses)  State agencies and institutions are allowed to spend state, federal, and other sources of revenue to provide selected employees lump sum bonuses, not to exceed three thousand dollars per year, based on objective guidelines established by the Budget and Control Board.  Payment of these bonuses is not a part of the employee’s base salary and is not earnable compensation for purposes of employee and employer contributions to respective retirement systems.  Employees earning $100,000 or more shall not be eligible to receive bonuses under this provision.
     117.62.      (GP: FEMA Flexibility)  Any appropriation designated as the state share for a federally declared disaster may be carried forward and used for the same purpose by the Emergency Management Division of the Adjutant General’s Office in the event of additional federally declared disasters.  Unallocated funds from established state accounts may be used as the state share in any federally declared disaster.  Such funds may not be expended for any purpose other than for the state share for a federally declared disaster.
     In the event there is a federally declared disaster and state match funds are unavailable, the Budget and Control Board may borrow from any internal account or accounts necessary to maximize federal matching funds through the Emergency Management Division.  Any such borrowing must be reported to the General Assembly within five days.  Funds borrowed from accounts shall be replenished by the General Assembly as soon as practicable.
     117.63.      (GP: Respiratory Syncytial Virus Prescription Sales and Use Tax Exemption)  The effective date of the exemption from sales and use tax of prescription medicines used to prevent respiratory syncytial virus shall be January 1, 1999.  No refund of sales and use taxes may be claimed as a result of this provision.
     117.64.      (GP: Year-End Financial Statements - Penalties)  Agencies and other reporting entities required to submit annual audited financial statements for inclusion in the State’s Comprehensive Annual Financial Report must comply with the submission dates stipulated in the State Auditor’s Office audit contract.  If the audit was not contracted by the State Auditor’s Office, the final audited financial statements are due not later than October tenth for the prior fiscal year.  Each agency that does not comply with the provisions of this proviso shall appear before the Comptroller General, providing an explanation for the delay.
     117.65.      (GP: Purchase Card Incentive Rebates)  In addition to the Purchase Card Rebate deposited in the general fund, any incentive rebate premium received by an agency from the Purchase Card Program may be retained and used by the agency to support its operations.
     117.66.      (GP: Sex Offender Monitoring and Supervision)  The funds appropriated to the Department of Probation, Parole and Pardon Services in Part IA, Section 66, Program II.A.2. for the Sex Offender Monitoring Program and to the Department of Juvenile Justice in Part IA, Section 67, Program III.A., Special Item: Sex Offender Monitoring are to be used and expended only for GPS monitoring programs of the departments.  In cases of limited funds, monitoring of "Jessie’s Law" offenders shall take precedence over all other GPS programs of the departments.  Funds appropriated for this program may not be used for any other purpose or transferred to any other program.  Unexpended funds appropriated for Sex Offender Monitoring may be carried forward and used for the same purpose.        The departments are directed to submit a report to the General Assembly by January fifteenth each year accounting for the expenditure of the funds including any carry-forward funding; the total costs and per-day costs for equipment, supervision, and monitoring; the total number of staff assigned to the activity and the average agent case loads; the amount of funds collected from sex offenders for both intensive supervision and electronic monitoring; and the anticipated fiscal needs for the upcoming fiscal year.  The report shall also include, but not be limited to, data regarding the number of offenders sentenced to electronic monitoring, including the number sentenced for life; the number of alert notifications received, investigated, and prosecuted; and the number of offenders returned to prison as a result of electronic monitoring violations.
     117.67.      (GP: Viscosupplementation Therapies Sales and Use Tax Exemption)  For the current fiscal year only, sales and use taxes on viscosupplementation therapies shall be suspended.  No refund or forgiveness of tax may be claimed as a result of this provision.
     117.68.      (GP: LightRail)  Pursuant to this provision the three research universities:  Clemson University, the Medical University of South Carolina, and the University of South Carolina-Columbia, are authorized and directed to plan, procure, administer, oversee, and manage all functions associated with the South Carolina LightRail and are thereby exempt from the oversight and project management regulations of the Budget and Control Board, Division of State Information Technology.  South Carolina LightRail is an academic network for the use of the state’s three research universities for the exchange of information directly related to their mission and must not carry commercial or K-12 traffic originated in South Carolina.  For the current fiscal year, public or private organizations and entities may be provided access only through formal documented partnerships with one or more of the three research universities.  On February first of the current fiscal year, the entity managing the network must submit to the Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee a report specifically identifying each entity with access to the network and any payment, including without limitation in-kind payment, that each such organization and entity is making for access to the network.
     117.69.      (GP: CID & PCC Agency Head Salaries)  All hiring salaries and salary increases for the agency heads of the Commission on Indigent Defense and the Prosecution Coordination Commission shall be subject to all provisions related to agency heads covered by the Agency Head Salary Commission.
     117.70.      (GP: Prosecutors and Defenders Public Service Incentive Program)  The Office of Attorney General, the Prosecution Coordination Commission, and the Commission on Indigent Defense, in consultation with the South Carolina Student Loan Corporation and the Commission on Higher Education, shall develop and implement a Prosecutors and Defenders Public Service Incentive Program for attorneys employed by the Office of Attorney General, the Prosecution Coordination Commission, the Commission on Indigent Defense, a Circuit Solicitor’s Office or a county Public Defender’s Office.
     After more than three years of continuous service as a full-time attorney with any of these entities, qualifying attorneys may be reimbursed up to $1,000 for payments made in the prior calendar year on outstanding law school loans.  Reimbursements for law school loan payments may be increased by up to $1,000 for each additional year of continuous service; however, such reimbursements shall not exceed $5,000 in any year.  The amount of law school loan payment reimbursement in any calendar year shall not exceed the amount of principal and interest paid on the loan in the prior calendar year.  Reimbursements under the program may continue until all outstanding law school loans are satisfied; however, such reimbursements shall not exceed $40,000 per qualifying attorney.  Reimbursements shall be adjusted if necessary so as not to exceed appropriations for the program.
     The Prosecutors and Defenders Public Service Incentive Program must be administered by the South Carolina Student Loan Corporation, which shall pay for the cost of administration within the funds appropriated.
     The Office of Attorney General, the Prosecution Coordination Commission, and the Commission on Indigent Defense shall each compile a report that includes, but is not limited to, the number of applicants and the impact of the program on attracting and retaining attorneys.  The Student Loan Corporation shall compile a report that includes, but is not limited to, the cost of administering the program as well as the amount of reimbursements per agency or entity.  Such reports shall be submitted to the Senate Finance Committee and the House Ways and Means Committee by September first each fiscal year.
     Unexpended program funds from the prior fiscal year may be carried forward into the current fiscal year to be used for the same purpose.
     117.71.      (GP: Attorney Dues)  Agencies and offices of the State of South Carolina that employ attorneys are authorized, if they so decide, to use other appropriated funds, including General Fund carry forward funds, to pay the costs of mandatory dues owed to the South Carolina Bar Association.
     117.72.      (GP: Healthcare Employee Recruitment and Retention)  The Department of Corrections, Department of Disabilities and Special Needs, Department of Health and Environmental Control, Department of Health and Human Services, Department of Juvenile Justice, Department of Mental Health, and Department of Vocational Rehabilitation are allowed to spend state, federal, and other sources of revenue to provide lump sum bonuses to aid in recruiting and retaining healthcare workers in critical needs healthcare jobs based on objective guidelines established by the Budget and Control Board.  The employee bonus amount shall be approved by the State Human Resources Director and shall not exceed $10,000 per year.  Payment of these bonuses is not a part of the employee’s base salary and is not earnable compensation for purposes of employee and employer contributions to respective retirement systems.
     These agencies may also provide paid educational leave for any employees in an FTE position to attend class while enrolled in healthcare degree programs that are related to the agency’s mission.  All such leave is at the agency head’s discretion.
     These agencies may enter into an agreement with Psychiatrists and Nurses newly employed in those positions to repay them for their outstanding student loans associated with completion of a healthcare degree.  The employee must be employed in a critical needs area, which would be identified at the agency head’s discretion.  Critical needs areas could include rural areas, areas with high turnover, or where the agency has experienced recruiting difficulties.  Agencies may pay these employees up to twenty percent or $7,500, whichever is less, of their outstanding student loan each year over a five-year period.  Payments will be made directly to the employee at the end of each year of employment.  The agency will be responsible for verifying the principle balance of the employee’s student loan prior to issuing payments.
     Employees of these agencies working on a practicum or required clinical experience towards completion of a healthcare degree may be allowed to complete these requirements at their state agency or another state agency at the discretion of the agency head.  This field placement at another state agency may be considered work time for participating employees.
     These agencies are also authorized to allow tuition reimbursement from a maximum of ten credit hours per semester; allow probationary employees to participate in tuition programs; and provide tuition prepayment instead of tuition reimbursement for employees willing to pursue a degree in a healthcare program.  An agency may pay up to fifty percent of an employee’s tuition through tuition pre-payment.  The remaining tuition could be reimbursed to the employee after successful completion of the class.
     117.73.      (GP: Governor’s Budget Certification)  The annual Executive Budget proposed by the Governor must be certified by the Director of the State Budget Division of the Budget and Control Board or his designee in the same manner as the House Ways and Means and Senate Finance Committee versions of the budget bill are certified.
     117.74.      (GP: Sexually Violent Predator Program)  After the Department of Mental Health obtains all necessary project approvals, the Department of Corrections may utilize inmate labor to perform any portion of the construction of an addition to the Edisto Unit at the Broad River Correctional Institution, which houses the Department of Mental Health’s Sexually Violent Predator Treatment Program, such addition to be used for additional treatment space and staff offices. For purposes of this project, the Department of Corrections may exceed the $350,000 limit on projects for which it may use inmate labor.
     117.75.      (GP: Voluntary Furlough)  In a fiscal year in which the general funds appropriated for a state agency are less than the general funds appropriated for that agency in the prior fiscal year, or whenever the General Assembly or the Budget and Control Board implements a midyear across-the-board budget reduction, agency Agency heads may institute a voluntary employee furlough program of not more than ninety days per fiscal year.  During this voluntary furlough, the state employees shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries.  As to those benefits which require employer and employee contributions, the state agencies, institutions and departments will be responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions.  In the event an agency’s reduction is due solely to the General Assembly transferring or deleting a program, this provision does not apply.
     117.76.      (GP: Governor’s Security Detail)  The State Law Enforcement Division, the Department of Public Safety, and the Department of Natural Resources shall provide a security detail to the Governor in a manner agreed to by the State Law Enforcement Division, the Department of Public Safety, the Department of Natural Resources, and the Office of Governor.  Reimbursement to the State Law Enforcement Division, the Department of Public Safety, and the Department of Natural Resources to offset the cost of the security detail for the Governor shall be made in an amount agreed to by the State Law Enforcement Division, the Department of Public Safety, the Department of Natural Resources, and the Office of Governor from funds appropriated to the Office of Governor for this purpose.  Law enforcement officers assigned to security detail for the Governor shall only perform services related to security and shall not provide any unrelated service during the assignment.
     117.77.      (GP: Reduction in Force Antidiscrimination)  In the event of a reduction in force implemented by a state agency or institution, the state agency or institution must comply with Title VII of the Civil Rights Act of 1964 or any other applicable federal or state antidiscrimination laws.
     117.78.      (GP: Reduction in Force/Agency Head Furlough)  In the event a reduction in force is implemented by a state agency or institution of higher learning, the agency head shall be required to take five days furlough in the current fiscal year.  If more than one reduction in force plan is implemented in a fiscal year, the mandatory agency head furlough is only required for the initial plan.  The agency head will retain all responsibilities and authority during the furlough.  All monies saved from this furlough may be retained by that agency and expended at the discretion of the agency head.  During this furlough, the agency head shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries.  As to those benefits which require employer and employee contributions, the state agency will be responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the agency head remains solely responsible for making those contributions.
     Placement of an agency head on furlough under this provision does not constitute a grievance or appeal under the State Employee Grievance Procedure Act.  In the event the reduction for the state agency or institution of higher learning is due solely to the General Assembly transferring or deleting a program, this provision does not apply.  Agencies may allocate the agency head’s reduction in pay over the balance of the fiscal year for payroll purposes regardless of the pay period within which the furlough occurs.  The Budget and Control Board, Human Resources Division shall promulgate guidelines and policies, as necessary, to implement the provisions of this proviso.  State agencies shall report information regarding furloughs to the Human Resources Division of the Budget and Control Board.
     For purposes of this provision, agency head includes the president of a technical college as defined by Section 59-103-5 of the 1976 Code.
     The agency head of the State Board for Technical and Comprehensive Education shall not be required to take this mandatory furlough based solely on the implementation of a reduction in force plan by a technical college.
     An agency head shall not be required to take this mandatory furlough based solely on reductions in force implemented as a result of federal budget cuts or reorganization to accomplish organizational efficiencies.
     117.79.      (GP: Printed Report Requirements)  (A)  For Fiscal Year 2012-13 2013-14, state supported institutions of higher learning shall not be required to submit printed reports mandated by Sections 2-47-40, 24750, and 59-103-110 of the 1976 Code, and shall instead only submit the documents electronically.
     Submission of the plans or reports required by Sections 2-47-55, 59101-350, 59-103-30, 59-103-45(4), and 59-103-160(D) shall be waived for the current fiscal year, except institutions of higher learning must continue to report under 2-47-55 year one of the Comprehensive Permanent Improvement Plan, student pass rates on professional examinations, and data elements otherwise required for the Commission on Higher Education Management Information System.  The commission, in consultation with institutions, shall take further action to reduce data reporting burdens as possible.
     (B)      For Fiscal Year 2012-13 2013-14, the Department of Agriculture shall not be required to submit printed reports mandated by Section 46-49-10 of the 1976 Code.  The department shall provide these reports electronically and shall use any monetary savings for K5-12 agricultural education programs.
     (C)      For Fiscal Year 2012-13 2013-14, the Department of Health and Human Services shall not be required to provide printed copies of the Medicaid Annual Report required pursuant to Section 44-6-80 of the 1976 Code and the Provider Reimbursement Rate Report required pursuant to Proviso 33.11, and shall instead only submit the documents electronically.
     (D)      For Fiscal Year 2012-13 2013-14, the Department of Transportation shall not be required to submit printed reports or publications mandated by Sections 1-11-58, 2-47-55, and 58-17-1450 of the 1976 Code.
     The Department of Transportation may combine their Annual Report and Mass Transit Report into their Annual Accountability Report.
     117.80.      (GP: IMD Operations)  All funds received by the Department of Education, the Department of Juvenile Justice, the Department of Disabilities and Special Needs, the Department of Mental Health, the Department of Social Services, and the Governor’s Office of Executive Policy and Programs-Continuum of Care as State child placing agencies for the Institution for Mental Diseases Transition Plan (IMD) of the discontinued behavioral health services in group homes and child caring institutions, as described in the Children’s Behavioral Health Services Manual Section 2, dated 7/01/06, shall be applied only for out of home placement in providers which operate Department of Social Services or Department of Health and Environmental Control licensed institutional, residential, or treatment programs.  An annual report by each state child placing agency shall be made on the expenditures of all IMD transition funds and shall be provided to the Chairman of the Senate Finance Committee, Chairman of the House Ways and Means Committee, and the Governor no later than November 1st each year.  Funds must be allocated based on the The Department of Health and Human Services allocation methodology developed for the distribution of these funds shall review the numbers of out of home placements by type and by agency each year and make recommendations to the General Assembly.
     117.81.      (GP: Fines and Fees Report)  In order to promote accountability and transparency, each state agency must provide and release to the public via the agency’s website, a report of all aggregate amounts of fines and fees that were charged and collected by that state agency in the prior fiscal year.  The report shall include, but not be limited to:  (1) the code section, regulation, or proviso that authorized the fines and fees to be charged, collected, or received; (2) the amount received by source; (3) the purpose for which the funds were expended by the agency; (4) the amount of funds transferred to the general fund, if applicable, and the authority by which the transfer took place; and (5) the amount of funds transferred to another entity, if applicable, and the authority by which the transfer took place, as well as the name of the entity to which the funds were transferred.  The report must be posted online by September first.  Additionally, the report must be delivered to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee by September first.  Funds appropriated to and/or authorized for use by each state agency shall be used to accomplish this directive.
     117.82.      (GP: Mandatory Furlough)  In a fiscal year in which the general funds appropriated for a state agency are less than the general funds appropriated for that agency in the prior fiscal year, or whenever the General Assembly or the Budget and Control Board implements a midyear across-the-board budget reduction, and agency heads institute a mandatory employee furlough program, in determining which employees must participate in the program, agency heads should give consideration to furloughs for contract employees, post-TERI employees, and TERI employees before other employees.  During this mandatory furlough, the state employees shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries.  As to those benefits which require employer and employee contributions, the state agencies, institutions, and departments will be responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions.  In the event an agency's reduction is due solely to the General Assembly transferring or deleting a program, this provision does not apply.
     117.83.      (GP: Reduction In Force)  In a fiscal year in which the general funds appropriated for a state agency are less than the general funds appropriated for that agency in the prior fiscal year, or whenever the General Assembly or the Budget and Control Board implements a midyear across-the-board budget reduction, and agency heads must make reductions in force, agency heads should give consideration to reductions of contract employees, post-TERI employees, and TERI employees before other employees.  In the event an agency’s reduction is due solely to the General Assembly transferring or deleting a program, this provision does not apply.
     117.84.      (GP: Cost Savings When Filling Vacancies Created by Retirements)  During the current fiscal year, whenever classified FTEs become vacant because of employee retirements, it is the intent of the General Assembly that state agencies should realize personnel costs savings of at least twenty-five percent in the aggregate when managing these vacant positions.  Prior to filling a classified FTE which has become vacant because of a retirement, an agency must review and determine the appropriate salary for the position as well as determine whether the agency can manage without filling the position or by delay in filling the position.  Prior to filling the vacant FTE, agencies must follow all laws and regulations concerning posting and competitive solicitation and consideration of applicants.  No agency shall enter into any agreement with any employee that violates the terms of this proviso.
     117.85.      (GP: Travel Reduction Assessment)  Agencies are encouraged, when assessing travel reductions, to ensure that front line employees who provide direct services to clients are minimally impacted by the reduction.
     117.86.      (GP: Information Technology for Health Care)  From the funds appropriated and awarded to the South Carolina Department of Health and Human Services for the Health Information Technology for Economic and Clinical Health Act of 2009, the department shall advance the use of health information technology and health information exchange to improve quality and efficiency of health care and to decrease the costs of health care.  In order to facilitate the qualification of Medicare and/or Medicaid eligible providers and hospitals for incentive payments for meaningful health information technology (HIT) use, a health care organization participating in the South Carolina Health Information Exchange (SCHIEx) or a Regional Health Information Organization (RHIO) or a hospital system health information exchange (HIE) that participates in SCHIEx may release patient records and medical information, including the results of any laboratory or other tests ordered or requested by an authorized health care provider within the scope of his or her license or practice act, to another health information organization that requests the information via a HIE for treatment purposes with or without express written consent or authorization from the patient.  A health information organization that receives or views this information from a patient’s electronic health record or incorporates this information into the health information organization’s electronic medical record for the patient in providing treatment is considered an authorized person for purposes of 42 C.F.R. 493.2 and the Clinical Laboratory Improvement Amendments.
     117.87.      (GP: Broadband Spectrum Lease)  The General Assembly must approve any exercise of the Middle Band Segment Channel recapture provisions contained in the Educational Broadband Service Spectrum Lease Agreements if the exercise of the recapture provisions would result in a decrease in payments received by the State.  For Fiscal Year 2012-13, revenue received from the broadband spectrum lease shall be transferred from the Budget and Control Board to the Educational Television Commission on a monthly schedule, according to the current broadband lease agreement.  Upon agreement of the lessee, the The Educational Television Commission shall assume assumes management and administration of the lease and receive receives lease payments directly.  The Educational Television Commission shall retain and expend funds received pursuant to the lease for agency operations.  The commission shall be authorized to carry forward unexpended funds from the prior fiscal year into the current fiscal year.  In the event of a default by the current lease holder, the Educational Television Commission is authorized to use contingent funds up until such time as a new lease can be negotiated by the State and the Educational Television Commission.
     117.88.      (GP: Reduction in Compensation) For the current fiscal year, no state agency or political subdivision of this state may decrease the compensation of an employee, including dismissal, suspension, or demotion, solely because the employee gave sworn testimony regarding alleged wrongdoing to a standing committee, subcommittee of a standing committee, or study committee of the Senate or the House of Representatives.  This proviso shall apply regardless of when the alleged wrongdoing occurred.
     117.89.      (GP: Deficit Monitoring)  If at the end of each quarterly deficit monitoring review by the Office of State Budget Division, it is determined by either the Office of State Budget Division or an agency that the likelihood of a deficit for the current fiscal year exists, the agency shall submit to the Office of State Budget Division within fourteen days, a plan to minimize or eliminate the projected deficit.  After submission of the plan, if it is determined that the deficit cannot be eliminated by the agency on its own, the agency is required to officially notify the Budget and Control Board within thirty days of such determination that the agency is requesting that a deficit be recognized.  Once a deficit has been recognized by the Budget and Control Board, the agency shall limit travel and conference attendance to the minimum required to perform the core mission of the agency.  In addition, the board when recognizing a deficit may direct that any pay increases and purchases of equipment and vehicles shall be approved by the Office of State Budget Division.
     117.90.      (GP: Commuting Costs)  State government employees who use a permanently assigned agency or state owned vehicle to commute from their permanently assigned work location to and from the employee’s home must  reimburse the agency in which they are employed for commuting use in accordance with IRS regulations based on guidance from the Office of Comptroller General which must use the Cents per mile Rule, unless they are exempted from such reimbursement by applicable IRS regulations.  These permanently assigned vehicles must be clearly marked as a state or agency vehicle through the use of permanent state-government license plates and either state or agency seal decals unless the vehicle is used primarily in undercover operations.  This requirement does not apply to a vehicle used by an employee for the purpose of a special travel assignment, for active certified law enforcement officers authorized to carry firearms, execute warrants, and make arrests, for Constitutional Officers, or for Department of Transportation employees on call for emergency maintenance.
     117.91.      (GP: Bank Account Transparency and Accountability)  Each state agency, except state institutions of higher learning, which has composite reservoir bank accounts or any other accounts containing public funds which are not included in the Comptroller General’s Statewide Accounting and Reporting System or the South Carolina Enterprise Information System shall prepare a report for each account disclosing every transaction of the account in the prior fiscal year.  The report shall be submitted to the Budget and Control Board, through the Division of State Budget by October first of each fiscal year.  The report shall include the name(s) and title(s) of each person authorized to sign checks or make withdrawals from each account, the name and title of each person responsible for reconciling each account, the beginning and year-end balance of funds in each account, and data related to both deposits and expenditures of each account.  The report shall include, but not be limited to, the date, amount, and source of each deposit transaction and the date, name of the payee, the transaction amount, and a description of the goods or services purchased for each expenditure transaction.  To facilitate review, the Budget and Control Board shall prescribe a common format for the report which agencies must use.  In order to promote accountability and transparency, a link to the report shall be posted on the Comptroller General’s website as well as the agency’s homepage.
     When the State Auditor conducts or contracts for an audit of a state agency, accounts of the agency subject to this proviso must be included as part of the review.
     If an agency determines that the release of the information required in this provision would be detrimental to the state or the agency, the agency may petition the Budget and Control Board to grant the agency an exemption from the reporting requirements for the detrimental portion.  The meeting to determine whether an exemption should be granted shall be closed.  However, the exemption may only be granted upon a majority vote of the Budget and Control Board in a public meeting.
     117.92.      (GP: Websites)  All agencies, departments, and institutions of state government shall be responsible for providing on its Internet website a link to the Internet website of any agency, other than the individual agency, department, or institution, that posts on its Internet website that agency, department, or institution’s monthly state procurement card statements or monthly reports containing all or substantially all the same information contained in the monthly state procurement card statements.  The link must be to the specific webpage or section on the website of the agency where the state procurement card information for the state agency, department, or institution can be found.  The information posted may not contain the state procurement card number.  Any information that is expressly prohibited from public disclosure by federal or state law or regulation must be redacted from any posting required by this section.
     117.93.      (GP: Regulations)  For the current fiscal year, if a state agency proposes a regulation that levies or increases a fee, fine, or that otherwise generates revenues, the title to the Joint Resolution which proposes the regulation must indicate that a fee, fine, or revenue source is being proposed.
     117.94.      (GP: Joint Children’s Committee)  For the current fiscal year, the Department of Revenue is directed to reduce the rate of interest paid on eligible refunds by one percentage point.  Of the revenue resulting from this reduction, $250,000 $300,000 shall be transferred to the Senate for the Joint Citizens and Legislative Committee on Children to provide the report, research, and other operating expenses as directed in Section 63-1-50 of the 1976 Code.  The remaining revenue resulting from this reduction shall be transferred to the Department of Juvenile Justice to be used for mentoring or alternatives to incarceration programs.  Unexpended funds authorized by this provision may be retained and carried forward by the Senate or the Department of Juvenile Justice, respectively, and used for the same purposes.  The rate of reduction authorized in this provision shall be in addition to the reduction authorized in Proviso 92.10.
     117.95.      (GP: Civil Conspiracy Defense Costs)  For the current fiscal year, for any claim that has not reached a judgment, if a state or local government employee or former state or local government employee ("government employee") is personally sued for civil conspiracy based in part upon a personnel or employment action or decision regarding an employee, the court must, prior to trial, make a final determination whether the action or decision giving rise to the suit was made by the government employee within the scope of their official duty.  If the court finds that the government employee was acting outside the scope of the employee’s official duties, the government shall not thereafter expend any funds to pay or defend the claim.  If the court finds the government employee was acting within the scope of their official duties, the employee is immune from suit, liability, and damages with respect to the civil conspiracy claim.  The government may only expend funds to defend the claim if the determination is that the employee was acting within the scope of their official duties.  Nothing in this proviso prevents an insurance provider from defending and paying, respectively, any claims that the provider has contractually agreed to defend and pay.
     117.96.      (GP: Recovery Audits)  The Budget and Control Board shall contract with one or more consultants to conduct recovery audits of payments made by state agencies to vendors. The audits must be designed to detect and recover overpayments and erroneous payments to the vendors and to recommend improved financial and operational practices and procedures.  A state agency shall pay, from recovered monies received, the recovery audit consultant responsible for obtaining for the agency a reimbursement from a vendor a negotiated fee not to exceed twenty percent of the funds recovered by that vendor.
     Funds recovered, less the cost of recovery, shall be remitted to a special fund subject to appropriation by the General Assembly.  Agencies may recover costs that are documented to be directly related to implementation of this provision.
     Recovery audits apply only to payments made more than one hundred eighty days prior to the date the audit is initiated.
     All information provided under a contract must be treated as confidential by the vendor.  A violation of this provision shall result in the forfeiture by the vendor of all compensation under the contract and to the same sanctions and penalties that would apply to that disclosure.
     Each executive agency shall provide the recovery audit consultant with all information necessary for the audit.
     A state agency shall expend or return to the federal government any federal money that is recovered through a recovery audit conducted under this chapter.  Payments to the recovery audit consultant from the federal share of recovered funds shall be solely from the federal portion as allowed by the federal agency.
     The Budget and Control Board shall provide copies, including electronic form copies, of final reports received from a consultant under contract to:  the Governor; the Chairman of the Senate Finance Committee; the Chairman of the House Ways and Means Committee; and the state auditor’s office.  Not later than January first of each year, the board shall issue a report to the General Assembly summarizing the contents of all reports received under this provision during the prior fiscal year.
     117.97.      (GP: Funds Transfer to ETV)  In the current fiscal year funds appropriated in Part IA to the Budget and Control Board in Section 101 for Legislative & Public Affairs Coverage and Emergency Communications Backbone and to the Law Enforcement Training Council in Section 64 for State & Local Training of Law Enforcement, City and County municipal training services and Emergency Communications and Backbone for the State and other related emergency systems must be transferred to the Educational Television Commission (ETV) during July, 2012 2013 for the continuation of services as provided in the prior fiscal year.
     117.98.      (GP: Opt Out of Federal Patient Protection and Affordable Care Act)  If federal law permits, the State of South Carolina opts out of the following provisions in the federal Patient Protection and Affordable Care Act (Public Law 111-148):
           (1)      Subtitles A through C of Title I (and the amendments made by such subtitles), except for Sections 1253 and 1254;
           (2)      Parts I, II, III, and V of subtitle D of Title I (and the amendments made by such parts);
           (3)      Part I of subtitle E of Title I (and the amendments made by such part);
           (4)      Subtitle F of Title I (and the amendments made by such subtitle);
           (5)      Sections 2001 through 2006 (and the amendments made by such sections); and
           (6)      Sections 10101 through 10107 (and the amendments made by such sections).
     117.99.      (GP: Means Test)  All agencies providing Healthcare Services are directed to identify standards and criteria for means testing on all programs provided, where allowed by Federal guidelines.  Once a consistent criteria has been established within an agency, they shall implement their respective plans.  Each agency shall report all criteria and fiscal data to the Chairman of the Senate Finance Committee and to the Chairman of the House Ways and Means Committee no later than January 1, 2012 2014.
     117.100.      (GP: Agency Reduction Management)  The General Assembly encourages state agencies, in the event agencies are assessed a base reduction, to endeavor to realize savings through:  (1) payroll management, including, but not limited to, furloughs, reductions in employee compensation, and instituting a hiring freeze; (2) eliminate administrative overhead cost that does not directly impact the agency’s mission; and as a final option (3) reductions to programmatic funding.
     117.101.      (GP: WIA Meeting Requirements)  For Fiscal Year 2012-13, a Workforce Investment Board meeting must be subject to all notice requirements of the Freedom of Information Act and may not take place unless a quorum of the board membership is present.  Any decision made in violation of these requirements is void.
     117.102.      (GP: WIA Service Advertising)  For Fiscal Year 2012-13 2013-14, the Workforce Investment Act Boards may advertise its promote outreach for their services via billboard, bus placard, newspapers, or radio in all workforce investment areas.  This advertising outreach may not be limited to e-mail, online, or other internet-based advertising outreach, publicity, or other promotions.  Workforce investment boards must adhere to all state procurement policies and procedures when advertising utilizing outreach for the services provided by the Workforce Investment Act.
     117.103.      (GP: WIA Training Marketability Evaluation)  For Fiscal Year 2012-13 2013-14, local workforce investment boards the Department of Employment and Workforce shall prepare an submit any and all annual report reports required by the United States Department of Labor in reference to the Workforce Investment Act and the Workforce Investment Boards that demonstrates how funds were expended in the prior fiscal year to provide marketable work skills training.  The report shall include, but not be limited to the total number of local training recipients, a description of the training area in which each recipient participated, and the number and percentage of participants in each training area that, upon completion of training, have become employed in the field in which they were trained.  The report shall be annually submitted to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee on or before November 16th when submitted to the United States Department of Labor.
     117.104.      (GP: Victims Assistance Transfer)  The Department of Corrections shall transfer $20,500 each month to the Department of Public Safety for distribution through the State Victims Assistance Program.
     117.105.      (GP: DOC & PPP Potential Consolidation Plan)  From the funds appropriated to the Department of Corrections and the Department of Probation, Parole and Pardon Services, the directors of the departments may collaborate and develop a plan to consolidate the functions of the departments.
     117.106.      (GP: USC Greenville Medical School)  It is the intent of the General Assembly that during Fiscal Year 2012-13 2013-14, no general funds shall be appropriated for the new medical school at the University of South Carolina in Greenville.  In addition, no state funds may be transferred from state earmarked or restricted funds held by the University of South Carolina to the medical school except for grants, contributions, contractual payments, and tuition and required fees for students attending the new medical school at the University of South Carolina in Greenville that are specifically designated for the medical school at the University of South Carolina in Greenville.
     117.107.      (GP: Retirement Investment Commission)  Of the funds appropriated and or authorized, the Retirement Investment Commission shall submit a report to the Senate Finance Retirement Subcommittee and the Ways and Means Retirement Legislative, Executive, and Local Government Subcommittee by January 15, 2013 2014 that sets forth a plan regarding salary bonuses for calendar year 2014 2015.  The plan must be approved by both subcommittees before implementation.
     117.108.      (GP: First Steps - BabyNet)  In addition to the statutory duties assigned to South Carolina First Steps to School Readiness Board of Trustees; the board shall ensure the state’s compliance with the Individuals with Disabilities Act, Part C and the First Steps’ full implementation of recommendations 2 through 23 as contained in the 2011 audit report of the LAC regarding the BabyNet Program.  First Steps shall develop a schedule for each of the recommendations by September 15, 2012 for the implementation of recommendations.  First Steps shall be responsible for the implementation of the recommendations.  First Steps shall submit any necessary statutory changes to the Chairman of the House Education and Public Works Committee and the Chairman of the Senate Education Committee and any budget recommendations in the agency's budget request as submitted to the Governor.  Quarterly Until completion, First Steps shall post on its’ website a quarterly report on the timelines of its progress in implementing the recommendations of the LAC.  The Board of Trustees will be kept informed monthly of all activities related to this requirement and those progress reports must be recorded in the minutes for each meeting of the Board of Trustees.  When First Steps has implemented all of the recommendations enumerated above, a final report shall be submitted to the Board of Trustees for its’ adoption.  Upon approval by the Board of Trustees, the final report shall be published on First Steps’ homepage.  First Steps to School Readiness, the School for the Deaf and Blind, the Department of Disabilities and Special Needs, the Department of Health and Human Services, the Department of Mental Health and the Department of Social Services shall each provide on a common template developed by the agencies, a quarterly report to the Chairman of the House Ways and Means Committee and the Chairman of Senate Finance outlining all programs provided by them for BabyNet; all federal funds received and expended on BabyNet and all state funds expended on BabyNet.  Each entity and agency shall report on its share of the state’s ongoing maintenance of effort as defined by the US Department of Education under IDEA Part C.  First Steps to School Readiness shall develop, in collaboration with the Department of Disabilities and Special Needs, the Department of Health and Human Services, the Department of Mental Health, and the Department of Social Services, a common reporting format to be used no later than September 1, 2012.  Both the report submitted by First Steps and the reports submitted by the state agency partners may be used by the General Assembly in its’ consideration of the LAC recommendation that "The General Assembly should appropriate all BabyNet funding directly to First Steps to increase accountability for the lead agency with regard to partner agencies and providers."
     117.109.      (GP: Law Enforcement Special Salary Increase)  All funds appropriated to the State Law Enforcement Division, the Department of Public Safety, the Department of Natural Resources, the Department of Probation, Parole, and Pardon Services, and the Forestry Commission for law enforcement salary increases above the amount appropriated for base pay increases for state employees must be distributed on or after July 1, 2012.  The specified funds are to be used to increase by two percent, the compensation of Class 1 Law Enforcement Officers whose annual salary was $50,000 or less prior to the base pay increase authorized in proviso 101.22 of this act.
     117.110.      (GP: Single Audit Schedule of Federal Expenditures)  To ensure timely completion of the of the Statewide Single Audit, state agencies which do not receive a separate audit of federal expenditures, must submit to the Office of the State Auditor a schedule of federal program expenditures in a format prescribed by the Office of the State Auditor, no later than August 15 of each year.
     117.111.      (GP: Prohibits Local Government Fund Public Funded Lobbyists)  All local governmental entities including, but not limited to, counties, municipalities, and associations are prohibited from using taxpayer funds received from the Local Government Fund to compensate employees for lobbying activities engaged in on behalf of such governmental entity.
     117.112.      (GP: School Transportation Decentralization Study Committee)  There is hereby created a committee to study the decentralization of the provision of school transportation services in this State either by the public sector, private sector, or combination of both.  The study shall include, but is not limited to, the most cost-effective, efficient, and safe way to provide school transportation services to students in grades K-12 utilizing to the best extent possible, available state and local resources and funding.  The committee shall consist of eleven members as follows:  four members appointed by the President Pro Tempore of the Senate, one of whom must be a school finance officer and one of whom must be a minority-party member of the Senate, four members appointed by the Speaker of the House of Representatives, one of whom must be a school finance officer and one of whom must be a minority-party member of the House, and three members appointed by the Governor.  Vacancies on the committee shall be filled in the manner of original appointment.  The members, at their first meeting, shall elect a chairman, vice-chairman, and such other officers as they deem necessary.  The committee shall meet upon the call of the chairman or a majority of its members.
     Members of the committee shall receive such mileage, subsistence, and per diem in the performance of their duties as is provided by law to members of state boards, commissions, and committees to be paid from the approved accounts of the member’s appointing authority.  The staff of the Senate, the House of Representatives, and the Governor’s Office shall supply such assistance as may be needed by the committee in the performance of its duties.  The committee shall submit its report to each house of the General Assembly and to the Governor no later than January 1, 2013, at which time the committee shall be abolished.
     117.113.      (GP: School Construction Development Impact Fee Assessment Prohibition)  Governmental entities are prohibited from assessing South Carolina Development Impact Fees on the construction of new elementary, middle, or secondary schools.  If a governmental entity violates this prohibition it shall have its Aid to Subdivisions Allocation reduced by the amount of the impact fee.
     117.114.      (GP: First Steps Reauthorization)  Act 99 of 1999, the South Carolina First Steps to School Readiness Act, is reauthorized for the duration of Fiscal Year 2013-14.
     117.115.      (GP: Sexually Violent Predator Treatment RFP)  The Director of the Department of Mental Health and the Director of the Department of Corrections shall cooperate with the Budget and Control Board, Division of Procurement Services which shall develop and cause to be issued a Request for Proposals (RFP) seeking long-term solutions for securely housing and treating the growing population of individuals adjudicated as Sexually Violent Predators and civilly committed to the Department of Mental Health pursuant to the Sexually Violent Predators Act.
     The purpose of the RFP shall be to seek proposals from qualified private providers to provide secure housing and treatment services to all individuals civilly committed pursuant to the Sexually Violent Predators Act.
     As part of the process, the Department of Mental Health, the Department of Corrections, and the Budget and Control Board shall provide up-to-date information concerning the current operation of the program and shall provide information about suitable state owned real property.  The RFP shall be issued on or before October 31, 2013.
     The RFP shall be worded broadly to allow respondents to propose creative and cost-effective long-term solutions for the operation of this program in order to address the issues raised in Proviso 23.15 of the 2012-13 State Appropriations Act and the resulting January 3, 2013, Report on the SVP Program issued by the Department of Mental Health and the Department of Corrections.
     In addition to treatment services, respondents shall be allowed, but not required, to propose a single source solution with responsibility for all aspects of the program including but not limited to housing, security, food, clothing, health care, transport, and treatment services.  The RFP shall allow for, but not require, respondents to include in their responses the use of other private or public partners (subcontractors) and/or the lease or use or purchase of state owned real property.
     The selected contractor may be authorized to sponsor the issuance of tax exempt certificates of participation or other finance solutions to fund the project and the state is authorized to enter into a lease/purchase agreement for the necessary replacement facilities.
     117.116.      (GP: Transfer Procurement Review Panel to ALC)  DELETED
     117.117.      (GP: SC Military Museum)  DELETED
     117.118.      (GP: Electronic Transmission of Agency Reports to General Assembly)  DELETED
     117.119.      (GP: Magistrate Courts Jury Areas)  DELETED
     117.120.      (GP: Prohibit Use of State Aircraft for Athletic Recruitment)  DELETED
     117.121.      (GP: Prohibit Sales Tax on Additional Guest Charges)  DELETED
     117.122.      (GP: Recreational Activities)  DELETED
     117.123.      (GP: Annual Audit of Court Fees and Fines Reports)  The State Auditor is required to perform a minimum of fifteen (15) audits annually of county treasurers, municipal treasurers, county clerks of court, magistrates and/or municipal courts as required by Section 14-1-210 of the 1976 Code and allowed by proviso 118.5 of this act; however, the State Auditor shall not be required to spend more than the annual amount of $250,000, received from the State Treasurer to conduct the said audits pursuant to Section 14-1-210 of the 1976 Code.  The State Auditor shall consult with the State Treasurer to determine the jurisdictions to be audited in the current fiscal year.  Jurisdictions may be selected randomly or based on an instance in the current or previous fiscal year of failing to report, incorrectly reporting or under remitting amounts owed.  The funds transferred to the State Auditor by the State Treasurer shall not be used for any purpose other than to conduct the described audits and report whether or not the assessments, surcharges, fees, fines, forfeitures, escheatments, or other monetary penalties imposed and/or mandated are properly collected and remitted to the State.  Any unexpended balance on June 30 of the prior fiscal year shall be carried forward and must be expended for the same purpose during the current fiscal year.  The State Auditor shall annually report by October 1 its findings of the jurisdictions audited to the Senate Finance Committee and the House Ways and Means Committee.
     117.124.      (GP: IT Certifications)  Information Technology procurement certifications for all state agencies, departments, boards and commissions, except for the Legislative and Judicial Departments, and institutions of higher learning including technical colleges, shall be suspended for the current fiscal year.  All information security and information technology purchases must be approved by the Budget and Control Board, Division of State Information Technology in a manner prescribed by the Division.
     117.125.      (GP: Technology and Remediation)  The funds appropriated to the Budget and Control Board for the Division of Information Security shall be used to develop and implement  a statewide information security program.  A portion of the non-recurring funds may be used for enterprise technology and remediation, and distributed to state agencies to address the State’s most serious information security vulnerabilities as determined by the Division of Information Security and the Division of State Information Technology.
     117.126.      (GP: Fiduciary Audit)  Of the funds authorized for the Retirement System Investment Commission, the commission shall transfer $700,000 to the Office of Inspector General.  The funds transferred shall be utilized by the Inspector General to employ a private audit firm to perform the fiduciary audit on the Retirement System Investment Commission as required by Section 9-16-380 of the 1976 Code, as amended.
     117.127.      (GP: Eligible Food Purchases)  For the current fiscal year, funds expended by the Governor’s Office-Executive Control of State, the Governor’s Office-Mansion and Grounds, the Department of Social Services, and the Department of Health and Environmental Control for food services, catering, and providing meals shall be subject to the same limitations sought by the state in any waivers to the U.S. Department of Agriculture on eligible food purchases under the Supplemental Nutrition Assistance Program (SNAP).
     117.128.      (State Aircraft Utilization)  Any use of aircraft owned or leased by this State, or any state agency, entity, or institution, including institutions of higher learning, by a member of the General Assembly must be first approved by the Speaker of the House of Representatives in regard to members of the House or by the President Pro Tempore of the Senate in regard to members of the Senate.
     Any use of aircraft owned or leased by this State, or any state agency, entity, or institution, including institutions of higher learning, by a member of a state board, commission, or committee in the executive branch who is permitted to request use of state aircraft must be first approved by the chairman of that board, commission, or committee.
     Violations of this provision are considered violations of the rules of conduct under state ethics laws and are punishable in the manner provided by Chapter 13 of Title 8 of the 1976 Code and by law, except that in addition to all other penalties or remedies authorized by law, the violating member or other person authorizing the flight shall reimburse the state general fund within thirty days of the unauthorized flight for the full cost thereof.

SECTION 118 - X91-STATEWIDE REVENUE

     118.1.      (SR: Year End Expenditures)  Unless specifically authorized herein, the appropriations provided in Part IA of this act as ordinary expenses of the State Government shall lapse on July 31, 2013 2014.  State agencies are required to submit all current fiscal year input documents and all electronic workflow for accounts payable transactions to the Office of Comptroller General by July 12, 2013 14, 2014.  Appropriations for Permanent Improvements, now outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which such appropriations were provided, unless definite commitments shall have been made, with the approval of the Budget and Control Board and Joint Bond Review Committee, toward the accomplishment of the purposes for which the appropriations were provided.  Appropriations for other specific purposes aside from ordinary operating expenses, now outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which such appropriations were provided, unless definite commitments shall have been made, with the approval of the Budget and Control Board, toward the accomplishment of the purposes for which the appropriations were provided.
     118.2.      (SR: Titling of Real Property)  It is the intent of the General Assembly to establish a comprehensive central property and office facility management process to plan for the needs of state government agencies and to achieve maximum efficiency and economy in the use of state owned or state leased real properties.  The Budget and Control Board is directed to identify all state owned properties whether titled in the name of the state or an agency or department, and all agencies and departments of state government are upon request to provide the Board all documents related to the title and acquisition of the real properties that are occupied or used by the agency or titled in the name of the agency.  Except for any properties where the Board determines title should not be in the name of the State because the properties are subject to reverter clauses or other restraints on the property, or where the Board determines the state would be best served by not receiving title, and with the exception of properties, highways and roadways owned by the Department of Transportation, title of any property held by or acquired by a state agency or department shall be titled in the name of the state under the control of the Budget and Control Board.  Titling in the name of the state shall not affect the operation or use of real property by an agency.
     This provision applies to all state agencies and departments except: institutions of higher learning; the Public Service Authority; the Ports Authority; the South Carolina Division of Public Railways; the MUSC Hospital Authority; the Myrtle Beach Air Force Redevelopment Authority; the Department of Transportation; the Midlands Technical College Enterprise Campus Authority, the Trident Technical College Enterprise Campus Authority; the Area Commission of Tri-County Technical College; and the Charleston Naval Complex Redevelopment Authority.
     This provision is comprehensive and supersedes any conflicting provisions concerning title and acquisition and disposition of state owned real property whether in permanent law, temporary law or by provision elsewhere in this act.
     The Budget and Control Board is directed to provide to the Department of Education, funds equal to the amount realized from the sale of the Greenville Halton Road Bus Shop property for school bus maintenance shop relocations, construction, and shop equipment.
     118.3.      (SR: Tobacco Settlement)  Contingent upon the approval of the Tobacco Settlement Revenue Management Authority and parties to the trust agreement, the State Treasurer shall transfer an amount equal to $8,481,912 from the unrestricted taxable proceeds portion of the principal of the Healthcare Tobacco Settlement Trust Fund established pursuant to Section 11-11-170(B)(1) of the 1976 Code to the Department of Health and Human Services to be expended for Medicaid.  The State Treasurer is authorized and directed to transfer to the Office of the Attorney General from funds available to the Tobacco Settlement Management Authority such amounts as shall be necessary for the enforcement of Chapter 47 of Title 11, The Tobacco Escrow Fund Act, which will protect the payments to the State under the Master Settlement Agreement.
     118.4.      (SR: Contingency Reserve Fund)  (A)  There is created in the State Treasury a fund separate and distinct from the general fund of the State, the Capital Reserve Fund, and all other funds entitled the Contingency Reserve Fund.  All general fund revenues accumulated in a fiscal year in excess of general appropriations and supplemental appropriations must be credited to this fund.  Revenues credited to this fund in a fiscal year may be appropriated by the General Assembly.  Upon determination by the Comptroller General as to the amount to be deposited in the Contingency Reserve Fund, the Comptroller General shall notify the Board of Economic Advisors and the board shall recognize that amount as surplus funds.  Revenues in this fund may be appropriated only for the purposes provided in subsection (B).
     (B)      (1)      If the balance in the general reserve fund established pursuant to Article III, Section 36 of the Constitution of this State and Section 11-11-310 of the 1976 Code is less than the required balance, there must be appropriated to it all amounts in the Contingency Reserve Fund up to the total necessary to replenish the general reserve fund.  This amount does not replace or supplant the minimum replenishment amount otherwise required to be made to the general reserve fund.
                 (2)      After the appropriation of amounts required pursuant to item (1) of this subsection, any remaining balance may be appropriated by the General Assembly as it deems appropriate.
     118.5.      (SR: Criminal Justice Academy Funding)  (A) In addition to all other assessments and surcharges, during the current fiscal year, a five dollar surcharge to fund training at the South Carolina Criminal Justice Academy is also levied on all fines, forfeitures, escheatments, or other monetary penalties imposed in the general sessions court or in magistrates’ or municipal court for misdemeanor traffic offenses or for non-traffic violations.  No portion of the surcharge may be waived, reduced, or suspended.  The additional surcharge imposed by this section does not apply to parking citations.
     (B) The revenue collected pursuant to subsection (A) must be retained by the jurisdiction, which heard or processed the case and paid to the State Treasurer within thirty days after receipt.  The State Treasurer shall transfer the revenue quarterly to the South Carolina Criminal Justice Academy.
     (C) The State Treasurer may request the State Auditor to examine the financial records of any jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to subsection (B).  The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination.
     118.6.      (SR: LGF)  For the current fiscal year, Section 6-27-30 of the 1976 Code is suspended.
     118.7.      (SR: Increased Enforced Collections Carry Forward)  Unexpended funds appropriated pursuant to Proviso 90.16 in Part IB of Act 291 of 2010 may be carried forward from the prior fiscal year into the current fiscal year and shall be expended for the same purposes.
     118.8.      (SR: Health Care Maintenance of Effort Funding)  The source of funds appropriated in this provision is $157,299,845 $158,000,000 from the revenue collected during Fiscal Year 2011-12 and Fiscal Year 2012-13 from the 50 cent cigarette surcharge and deposited into the South Carolina Medicaid Reserve Fund and shall be utilized by the Department of Health and Human Services for the Medicaid Program’s maintenance of effort.  By this provision these funds are deemed to have been received and are available for appropriation.
     The residual funds from the cigarette surcharge shall remain in the South Carolina Medicaid Reserve Fund and may be used by the director of the Department of Health and Human Services to ensure access to care in rural and underserved areas of the state.  Within ninety days of the start of the fiscal year, the department shall develop methods and criteria for determining how access issues will be identified, assessed and addressed.  Any use of these funds shall require thirty days prior notice to the Chairmen of the Senate Finance and House Ways and Means Committees.  The department shall provide an assessment of access to care as part of the reporting requirements stipulated in Proviso 33.29, (DHHS: Medicaid Reporting).  The director is not authorized to access any of the residual funds prior to January 31, 2013.  The director must submit a proposal for any use of the funds to the General Assembly by January 1, 2013.  If no action is taken on the proposal by the General Assembly by January 31, 2013, the director may access the residual funds as presented in the proposal.
     Unexpended funds appropriated pursuant to this provision may be carried forward to succeeding fiscal years and expended for the same purposes.
     118.9.      (SR: Prohibits Public Funded Lobbyists)  In order to eliminate taxpayer funded lobbying, the following state agencies and institutions, for Fiscal Year 2012-13, shall transfer the amounts indicated to the General Fund:
           Administrative Law Court      $  22,000
           The Citadel      $  16,881
           Clemson University      $  45,546
           Coastal Carolina University      $  20,230
           College of Charleston      $  34,000
           Department of Health & Environmental Control      $  26,553
           State Board for Technical & Comprehensive Education      $  22,431
           Florence-Darlington Technical College      $  10,001
           Greenville Technical College      $  31,783
           Horry-Georgetown Technical College      $    1,183
           Tri-County Technical College      $  55,545
           Francis Marion University      $  23,500
           Judicial Department      $  59,164
           Medical University of South Carolina      $  80,380
           Department of Natural Resources      $  17,157
           South Carolina State University      $  20,000
           University Of South Carolina      $  53,368
           University of South Carolina-Upstate      $  11,000
           Winthrop University      $    9,300
           Lander University      $  25,000
           Total            $585,022      .
     All state agencies and institutions are prohibited from using general fund appropriations to compensate employees who engage in lobbying on behalf of the state agency or institution.  The State Ethics Commission shall require state agencies and institutions that report lobbying activities to the commission to certify that the lobbying activities were not funded by general fund appropriations.
     All state agencies and institutions are prohibited from entering into contracts using general fund appropriations to provide lobbying services to the agency or institution.
     118.10.      (SR: Admissions Tax)  For Fiscal Year 2012-13 the current fiscal year, up to one hundred fourteen thousand dollars in admissions tax revenue collected annually from all events held at a motorsports entertainment complex facility with at least sixty thousand permanent seats NASCAR sanctioned motor speedway or racetrack that hosts at least one race each year featuring the preeminent NASCAR cup series must be rebated to the motorsports entertainment complex facility in the current fiscal year to keep a NASCAR race at the motorsports entertainment complex facility.
     118.11.      (SR: Contingency Reserve Fund Transfers)  Any excess Fiscal Year 2011-12 general fund revenue above the amounts appropriated in Proviso 118.14 shall be transferred to the Contingency Reserve Fund.
     118.12.      (SR: Agency Deficit Notice)  The Comptroller General or the Office of State Budget shall (1) provide written notice to each member of the General Assembly when it makes a report to the Budget and Control Board concerning an agency, department, or institution that is expending authorized appropriations at a rate which predicts or projects a general fund deficit for the agency, department, or institution, and (2) make monthly progress reports concerning an agency’s, department’s, or institution’s plan to reduce or eliminate the deficit.
     118.13.      (SR: National Mortgage Settlement)  Of the funds derived from the National Mortgage Settlement and credited to the Litigation Recovery Account during the prior fiscal year, the first $4,636,000 must be transferred to the General Fund for credit in Fiscal Year 2011-12, the next ten million dollars in that account in the current fiscal year must be transferred to the Department of Commerce’s Deal Closing Fund, and any remaining amount in the Litigation Recovery Account on July 1, 2012, must be transferred to the General Fund for credit in Fiscal Year 2012-13.
     118.14.      (SR: Non-recurring Revenue)  (A)  The source of revenue appropriated in this provision is $555,153,157 of non-recurring revenue generated from the following sources and transferred to the State Treasurer.  This revenue is deemed to have occurred and is available for use in Fiscal Year 2012-13 after September 1, 2012, following the Comptroller General’s close of the state’s books on Fiscal Year 2011-12.
     (1)      $122,333,689 from Fiscal Year 2010-11 Contingency Reserve Fund;
     (2)      $397,086,761 from Fiscal Year 2011-12 unobligated general fund revenue as certified by the Board of Economic Advisors;
     (3)      $30,722,343 from Fiscal Year 2012-13 general fund revenue; and
     (4)      $5,010,364 from Fiscal Year 2011-12 Capital Reserve Fund lapse.
     Any restrictions concerning specific utilization of these funds are lifted for the specified fiscal year.  The above agency transfers shall occur no later than thirty days after the close of the books on Fiscal Year 2011-12 and shall be available for use in Fiscal year 2012-13.
     (B)      The appropriations in this provision are listed in priority order.  Item (1) must be funded first and each remaining item must be fully funded before any funds are allocated to the next item.  Provided, however, that any individual item may be partially funded in the order in which it appears to the extent that revenues are available.
     The State Treasurer shall disburse the following appropriations by September 30, 2012, for the purposes stated:
           (1)      General Reserve Fund
                             Full 5% Funding      $      98,175,036;
           (2)      Y14-State Ports Authority
                             Harbor Deepening Reserve Fund      $      300,000,000;
           (3)      P32-Department of Commerce
                             Research Funds      $      3,542,592;
           (4)      R60-Department of Employment and Workforce
                             SUTA Tax Relief      $      3,009,350;
           (5)      H63-Department of Education
                             EFA-IDEA Contingency Reserve      $      36,202,909;
           (6)      L04-Department of Social Services
                             Child Support Enforcement System      $      2,500,000;
           (7)      H59-State Board for Technical and Comprehensive
                             Education Spartanburg Community College Cherokee Campus
                                   Capital Improvements      $      3,500,000;
           (8)      A20-Legislative Audit Council
                             (a)      Information Technology Upgrade (Servers, Computers, Software)      $      45,000;
                             (b)      Peer Review Audit - Government Auditing Standards      $      15,000;
           (9)      C05-Administrative Law Court
                             Staff Attorney/Hearing Officer/Business Associate Equipment      $      6,900;
           (10)      P32-Department of Commerce
                             Deal Closing Fund      $      7,000,000;
           (11)      F03-Budget and Control Board
                             South Carolina Enterprise Information System-Statewide Program
                                   SCEIS Program Sustainment      $      2,458,843;
           (12)      D10-State Law Enforcement Division
                             (a)      Personal Service and Operating      $      1,701,000;
                             (b)      Forensic Equipment      $      1,134,994;
                             (c)      Law Enforcement Operating      $      150,000;
                             (d)      CJIS/IT Equipment      $      4,777,000;
                             (e)      Vehicles      $      840,000;
                             (f)      Computer Equipment      $      138,500;
           (13)      K05-Department of Public Safety
                             (a)      Emergency Communications Equipment      $      3,250,000;
                             (b)      Bureau of Protective Services Officers Equipment      $      44,700;
                             (c)      Vehicles      $      1,000,000;
           (14)      H63-Department of Education
                             Governor’s School for the Arts and Humanities
                                   Administration Building Construction      $      1,250,000;
           (15)      L12-John de la Howe School
                             (a)      Deferred Maintenance on Seven Cottages      $      400,000;
                             (b)      Information Technology Upgrade      $      200,014;
           (16)      H71-Wil Lou Gray Opportunity School
                             Window Replacement      $      750,000;
           (17)      H75-School for the Deaf and Blind
                             Robertson Hall Construction      $      1,477,550;
           (18)      J02-Department of Health and Human Services
                             Medicaid Management Information System      $      3,918,676;
           (19)      N04-Department of Corrections
                             (a)      Wateree Radium Drinking Water Compliance      $      6,000,000;
                             (b)      Statewide Roof Replacement      $      2,500,000;
                             (c)      Statewide Major Maintenance Projects      $      2,500,000;
                             (d)      Victim Services Web Based Case Management System       $      500,000;
                             (e)      SC SAVIN Court Notification System      $      500,000;
                             (f)      Allendale CI Pre-Treatment Wastewater Plant Closing      $      350,000;
                             (g)      Statewide Infirmary Consolidation      $      300,000;
                             (h)      Farm Irrigation - Wateree      $      100,000;
                             (i)            Training Academy - Weapons Replacement      $      40,000;
           (20)      P24-Department of Natural Resources
                             (a)      Replacement of IT Equipment and Maintenance      $      1,260,505;
                             (b)      Water Resources Other Operating      $      1,000,000;
           (21)      E20-Attorney General
                             (a)      Information Technology Upgrade      $      500,000;
                             (b)      Operating Expenses      $      500,000;
           (22)      E23-Commission on Indigent Defense
                             Information Technology Upgrade      $      101,000;
           (23)      P12-Forestry Commission
                             Firefighting Equipment      $      3,500,000;
           (24)      H73-Vocational Rehabilitation
                             Restoration of Vocational Rehabilitation Program - State Matching Funds      $      1,000,000;
           (25)      J04-Department of Health and Environmental Control
                             (a)      ADAP Prevention      $      200,000;
                             (b)      SC Coalition Against Domestic Violence and Sexual Assault      $      453,680;
                             (c)      Kidney Disease Early Evaluation and Risk Assessment Education      $      100,000;
                             (d)      Hemophilia - SC Bleeding Disorders Premium Assistance Program      $      100,000;
                             (e)      James R. Clark Memorial Sickle Cell Foundation      $      100,000;
           (26)       E21-Prosecution Coordination Commission
                             Center for Fathers and Families      $      200,000;
           (27.1)      (Andrews Public Safety Building Match)  Each state dollar of the above appropriation for the Andrews Public Safety Building must be matched with one dollar of non-state funds.
           (28)      R52-State Ethics Commission
                             Information Technology Upgrade      $      25,000;
           (29)      X22-Local Government Fund-State Treasurer
                             Local Government Fund       $      30,000,000;
           (30)      P20-Clemson University-PSA
                             (a)      Advanced Plant Technology Lab      $      4,000,000;
                             (b)      Operating      $      100,000;
           (31)      H27-University of South Carolina-Columbia Campus
                             (a)      Palmetto Poison Center      $      71,862;
                             (b)      Child Abuse Medical Response Program      $      250,000;
           (32)      H59-State Board for Technical and Comprehensive Education
                             (a)      Central Carolina Technical College - Training Facility Purchase and Upfit      $      1,250,000;
                             (b)      Central Carolina Technical College - Building Renovation      $      400,000;
                             (c)      Technical College of the Low Country - Veterans Recruitment
                                               and Training Program      $      200,000;
                             (d)      Tri-County Technical College - Pedestrian Safety Improvements      $      500,000;
                             (e)      SC Skills USA      $      200,000;
           (33)      E24-Adjutant General’s Office
                             (a)      State Guard      $      59,000;
                             (b)      Armory Maintenance      $      500,000;
           (34)      J16-Department of Disabilities and Special Needs
                             Charles Lea Center - 1 to 1 Match      $      250,000;
           (34.1)      (Charles Lea Center Match)  Each state dollar of the above appropriation for the Charles Lea Center must be matched with one dollar of private funds.
           (35)      J02-Department of Health and Human Services
                             (a)      SC Healthcare Information and Referral Network      $      50,000;
                             (b)      In-Home Health Care Systems      $      500,000;
           (36)      J20-Department of Alcohol and Other Drug Abuse Services
                             McCord Center Safety Improvement Project      $      250,000;
           (37.1)      (Marion County Habitat for Humanity Pilot Project Match)  Each state dollar of the above appropriation for the Marion County Habitat for Humanity Pilot Project must be matched with one dollar of private funds.
           (38)      P16-Department of Agriculture
                             (a)      Marketing and Branding      $      500,000;
                             (b)      State Farmer’s Market Infrastructure      $      400,000;
                             (c)      Market Operations      $      600,000;
           (39)      P24-Department of Natural Resources
                             (a)      Drill Rig for Geological Survey and Strengthened Services      $      200,000;
                             (b)      Savannah River Basin Study Phase II      $      100,000;
                             (c)      Catawba/Wateree River Basin Supply Study      $      250,000;
                             (d)      Darlington County Watershed Project      $      600,000;
                             (e)      Lake Wallace Special Purpose District      $      150,000;
           (40)      P28-Department of Parks, Recreation, and Tourism
                             (a)      Kings Mountain Bridge Replacement      $      250,000;
                             (b)  Southeastern Wildlife Exposition Regional Marketing and Advertising      $      200,000;
           (41)      H15-University of Charleston
                             Interactive Digital Technology Pilot Project - 1 to 1 Match      $      2,000,000;
           (41.1)      (Interactive Digital Technology Pilot Project Match)  Each state dollar of the above appropriation for the Interactive Digital Technology Pilot Project must be matched with one dollar of private funds.
           (42)      R44-Department of Revenue
                             Implementation of SCITS      $      4,374,496;
           (43)      H38-USC-Salkehatchie Campus
                             Deferred Maintenance      $      200,000;
           (44)      H91-Arts Commission
                             Grants      $      500,000;
           (45)      P36-Patriots Point Development Authority
                             National Flight Academy      $      393,000;
           (46)      H59-State Board for Technical and Comprehensive Education
                             Horry-Georgetown Tech Speir Allied Health      $      200,000;
           (47)      H17-Coastal Carolina University
                             Scientific Equipment for Research Vessel      $      198,000;
           (48)      A85-Education Oversight Committee
                             School District Efficiency Review Pilot Program      $      300,000;      and
           (48.1)      (School District Efficiency Review Pilot Program)  The funds appropriated above for the  School District Efficiency Review Pilot Program shall be utilized to implement the requirements of proviso 90.26 contained in this act.
           (49)      F03-Budget and Control Board
                             Rural Infrastructure Fund      $      3,000,000.
     Unexpended funds appropriated pursuant to this provision may be carried forward to succeeding fiscal years and expended for the same purposes.
     (C)      From the escrow account established pursuant to Proviso 90.13 of Act 310 of 2008, the remaining funds shall be used to offset any operating shortfalls resulting from the Barnwell Low Level Waste Facility operations in order to preserve the economic viability of the facility.  The amount distributed to offset any operating shortfalls shall be determined by calculating the difference between the allowable operating costs plus adjustments as approved by the Public Service Commission, and the access fees paid by the Atlantic Compact generators.  Funds remaining in the account to offset operating shortfalls shall also be used to maintain access fees to the facility for Fiscal Year 2012-13 at the Fiscal Year 2009-10 level.  There shall also be paid from the escrow account the annual dues of the Southern States Energy Board.
     (D)      Of any excess funds collected above the amount identified in subsection (A)(2), there is appropriated $2,000,000 to the Department of Natural Resources for the State River Basin Study Project-Water Resource Planning.  The funds must be used for water data collection to provide scientific information on water resources in the state's eight major river basins.
     118.15.      (SR: Tax Relief Reserve Fund) There is created the Tax Relief Reserve Fund, which shall be separate and distinct from the General Fund. Interest accrued by the fund must remain in the fund. Notwithstanding any other provision of law, on December 31, 2012 2013, the State Treasurer shall transfer funds identified in this act from the General Fund to the Tax Relief Reserve Fund. These funds may only be used to provide tax relief to businesses and individuals as provided by law. Funds within the Tax Relief Reserve Fund shall be retained and carried forward to be used for the same purpose.
     118.16.      (SR: Tobacco Settlement)  (A)      To the extent funds are available from payments received on behalf of the State by the Tobacco Settlement Revenue Management Authority from the Tobacco Master Settlement Agreement ("MSA") during calendar year 2014, the State Treasurer is authorized and directed to transfer $1,253,000 to the Attorney General’s Office for Diligent Enforcement and Arbitration Litigation; $450,000 to the State Law Enforcement Division for Diligent Enforcement; $325,000 to the Department of Revenue for Diligent Enforcement, all to enforce Chapter 47 of Title 11, the Tobacco Escrow Fund Act.  The remaining balance shall be transferred to the Department of Health and Human Services for Medicaid.
     (B)      To the extent funds are available from payments received on behalf of the State by the Tobacco Settlement Revenue Management Authority from the Tobacco Master Settlement Agreement ("MSA") during calendar year 2013, the State Treasurer is authorized and directed to transfer funds sufficient to cover the operating expenses of the Authority and to transfer $37,372,707 to the General Fund of the State, with the remaining balance transferred to the Department of Health of Human Services for Medicaid.
     (C)      To the extent funds are available to the Tobacco Settlement Revenue Management Authority following the discharge of the Series 2008 Tobacco Bonds and all remaining uncommitted Tobacco funds held by the State Treasurer prior to calendar year 2013, the State Treasurer is authorized and directed to transfer $4,287,779 to the Department of Social Services to complete development of the Child Support Enforcement System; $4,000,000 to the Medical University of South Carolina Hospital Authority for the Telemedicine program; and $2,000,000 to the Department of Agriculture pursuant to Section 11-49-55 of the 1976 Code.  The remaining balance shall be transferred to the Department of Health and Human Services for Medicaid.
     (D)      The requirements of Section 11-11-170 of the 1976 Code shall be suspended for Fiscal Year 2013-14.
     118.17.      (SR: Non-recurring Revenue)  (A)  The source of revenue appropriated in this provision is $159,845,460 of non-recurring revenue generated from Fiscal Year 2012-13 unobligated general fund revenue as certified by the Board of Economic Advisors and transferred to the State Treasurer.  This revenue is deemed to have occurred and is available for use in Fiscal Year 2013-14 after September 1, 2013, following the Comptroller General’s close of the state’s books on Fiscal Year 2012-13.
     Any restrictions concerning specific utilization of these funds are lifted for the specified fiscal year.  The above agency transfers shall occur no later than thirty days after the close of the books on Fiscal Year 2012-13 and shall be available for use in Fiscal year 2013-14.
     (B)      The appropriations in this provision are listed in priority order.  Item (1) must be funded first and each remaining item must be fully funded before any funds are allocated to the next item.  Provided, however, that any individual item may be partially funded in the order in which it appears to the extent that revenues are available.
     The State Treasurer shall disburse the following appropriations by September 30, 2013, for the purposes stated:
           (1)      Part IA - General Fund      $      34,625,547;
           (2)      X22 - Local Government Fund-State Treasurer
                             Local  Government Fund      $      10,000,000;
           (3)      H63 - Department of Education
                             (a)      Governor's School for the Arts and Humanities
                                               Data Network Wiring      $      187,000;
                             (b)      Transportation - Fuel and Bus Parts      $      6,426,188;
                             (c)      Instructional Materials      $      24,167,978;
                             (d)      4K Statewide at Risk Phase In - Districts with 75% + Poverty      $      4,120,000;
           (3.1)      Of the funds appropriated above to the Department of Education for 4K Statewide at Risk Phase In - Districts with 75% + Poverty, 15% shall be distributed to First Steps to School Readiness for the Child Development Education Pilot Program (CDEPP) and 85% shall be retained by the Department of Education for the Child Development Education Pilot Program (CDEPP).
           (4)      H75 - School for the Deaf and the Blind
                             (a)      Educational Technology      $      575,000;
                             (b)      Distance Learning      $      185,000;
                             (c)      Audio Description Devices      $      65,000;
                             (d)      Student Response Services      $      40,000;
                             (e)      Auditory Enhancement      $      65,000;
                             (f)            Records Management      $      175,000;
           (5)      J02 - Department of Health and Human Services
                             (a)      Nursing Homes - Rate Increase      $      5,000,000;
                             (b)      SC Health Information Network (Palmetto Project)      $      100,000;
           (6)      H03 - Commission on Higher Education
                             University Center of Greenville Infrastructure Development      $      200,000;
           (7)      H12 - Clemson University
                             Student Career Opportunity Program      $      1,000,000;
           (8)      H27 - University of South Carolina
                             (a)      On Your Time      $      2,500,000;
                             (b)      SC Child Abuse Medical Response Program      $      225,000;
           (9)      H51 - Medical University of South Carolina
                             (a)      MUSC Hospital Authority-Rural Hospital Transformation      $      400,000;
                             (b) Institute of Medicine      $      400,000;
                             (c)      Mobile Cancer Screening and Early Detection      $      600,000;
           (10)      H59 - State Board for Technical and Comprehensive Education
                             Midlands Technical - Quickjobs Program - Equipment      $      500,000;
           (11)      H15 - University of Charleston
                             Avery Center      $      350,000;
           (12)      H37 - University of South Carolina - Lancaster
                             (a)      Deferred Maintenance      $      400,000;
                             (b)      Parity Funding      $      111,000;
           (13)      H38 - University of South Carolina - Salkehatchie
                             Parity Funding      $      94,000;
           (14)      H39 - University of South Carolina - Sumter
                             Parity Funding      $      176,000;
           (15)      H40 - University of South Carolina - Union
                             Parity Funding      $      43,000;
           (16)      H53 - Area Health Education Consortium
                             Office of Healthcare Workforce Analysis and Planning      $      200,000;
           (17)      H79 - Department of Archives and History
                            (a)      Archival Technology      $      56,957;
                             (b)      GLEAMNS - Benjamin Mays Historical Preservation Site - Capital Equipment      $      200,000;
           (18)      H95 - State Museum Commission
                             SC Railroad Museum      $      200,000;
           (19)      P36 - Patriots Point Development Authority
                             National Flight Academy      $      400,000;
           (20)      J04 - Department of Health and Environmental Control
                             (a)      SC Bleeding Disorders - Premium Assistance Program      $      100,000;
                             (b)      Ocean Water Quality Outfall Initiative      $      750,000;
                             (c)      Women in Unity      $      1,000;
                             (d)      HIV Prevention - Project Faith      $      350,000;
                             (e)      Nurse Family Partnership      $      100,000;
                             (f)            Best Chance Network and Colon Cancer Prevention Network - Proviso 34.44      $      2,000,000;
                             (g)      Stroke System of Care Act of 2011      $      50,000;
                             (h)      Donate Life SC - Organ Donor Registry      $      100,000;
                             (i)            James R. Clark Sickle Cell Foundation      $      100,000;
           (21)      J12 - Department of Mental Health
                             Seahaven      $      1;
           (22)      H73 - Vocational Rehabilitation
                             Basic Services - Case Services      $      500,000;
           (23)      P32 - Department of Commerce
                             (a)      Deal Closing Fund      $      13,677,766;
                             (b)      Base Closure Fund      $      500,000;
                             (c)      Business Incubator Program      $      4,175,000;
                             (d)      SC Council on Competiveness      $      650,000;
                            (e)      Community Development Corporation Initiative      $      400,000;
                             (f)            Base Closure Fund - Beaufort      $      100,000;
                             (g)      Base Closure Fund - Sumter      $      100,000;
           23.1.      Of the funds appropriated above to the Department of Commerce for the Business Incubator Program, $1,000,000 shall be used to invest in technology-based economic development projects.  The department shall develop guidelines to administer the program and any investment made by the department shall be accompanied by a dollar-for-dollar match from non-state appropriated funds.  Eligible projects shall foster economic development through university collaboration, local government participation, public-private partnership participation, all of which is aimed at "digital interactive and immersive media" projects throughout the state.  $400,000 shall be designated for the digital design initiative.  Up to $300,000 of these specific funds may be used by the department for administrative costs associated with this program.
           (24)      D10 - State Law Enforcement Division
                             (a)      Computer Equipment For Newly Funded FTEs      $      63,000;
                             (b)      Maintenance Fees      $      30,000;
                             (c)      Law Enforcement Equipment      $      739,980;
                             (d)      Vehicle Replacement      $      840,000;
           (25)      K05 - Department of Public Safety
                             Vehicle Replacement      $      1,000,000;
           (26)      N04 - Department of Corrections
                             (a)      Statewide Paving      $      1,000,000;
                             (b)      Deferred Maintenance      $      3,635,000;
                             (c)      Security/Detention Systems and Equipment      $      2,542,000;
                             (d)      Inmate Security and Support Vehicles      $      1,000,000;
                             (e)      Broad River Sewer System Upgrade      $      700,000;
                             (f)            Food Service Institutional Equipment      $      489,357;
                             (g)      Observation Towers - Lee Correctional Institution`      $      236,900;
                             (h)      Center Pivot Irrigation System      $      100,000;
                             (i)            Weapons Replacement      $      40,000;
           (27)      N12 - Department of Juvenile Justice
                             Deferred Maintenance      $      800,000;
           (28)      P24 - Department of Natural Resources
                             (a)      Outreach Programs      $      10,000;
                             (b)      State River Basin Study      $      2,000,000;
                             (c)      Information Technology - Phase II Upgrade Software and Equipment Replacement      $      1,725,000;
                             (d)      Groundwater Monitoring Clusters      $      250,000;
                             (e)      Enforcement Division Vehicles      $      785,050;
                             (f)      Invasive Species Control Program      $      50,000;
                             (g)      Catawba/Wateree River Basin Study      $      250,000;
                             (h)      Southeastern Wildlife Expo      $      200,000;
           (28.1)      The funds appropriated above to the Department of Natural Resources for the State River Basin Study Project must be used for water data collection to provide scientific information on water resources in the state’s eight major river basins.  The department shall, on a quarterly basis beginning October 1, 2013, submit to the Senate Finance Committee, the House Ways and Means Committee, the Senate Agriculture and Natural Resources Committee, and the House Agriculture, Natural Resources and Environmental Affairs Committee, a report on the project’s timeline, findings, and expenditure of funds.  Additionally, this information shall be posted electronically on the Department of Natural Resources and the Department of Health and Environmental Control websites.
           (29)      L36 - Human Affairs Commission
                             Computerized Affirmative Action Management System (CAAMS)      $      100,000;
           (30)      L46 - Commission on Minority Affairs
                             PC Replacement      $      23,286;
           (31)      R28 - Department of Consumer Affairs
                             (a)      Licensing Database Reconfiguration/Upgrade      $      100,000;
                             (b)      Identify Theft Unit - S.334      $      537,690;
           (32)      R40 - Department of Motor Vehicles
                             ADA Compliance      $      925,000;
           (33)      D25 - Office of Inspector General
                             Office Infrastructure      $      52,565;
           (34)      E04 - Office of Lieutenant Governor
                             Caregivers      $      1,500,000;
           (35)      E08 - Secretary of State
                             (a)      Board and Commissions Database Project      $      250,000;
                             (b)      Disaster Recovery/Image Digitization      $      97,800;
           (36)      E24 - Office of Adjutant General
                             (a)      Armory Maintenance and Repair Projects      $      2,500,000;
                             (b)      Emergency Management Program Improvements      $      495,000;
           (37)      H87 - State Library
                             Aid to Counties      $      1,341,395;
           (38)      H91 - Arts Commission
                             Cultural Districts Designation Program      $      25,000;
           (39)      E21 - Prosecution Coordination Commission
                             Centers for Fathers and Families      $      500,000;
           (40)      N20 - Law Enforcement Training Council
                             Purchase Netbooks to Replace Paper Testing      $      49,000;
           (41)      J20 - Department of Alcohol and Other Drug Abuse Services
                             Keystone Alcohol and Drug Abuse Capital Improvement      $      750,000;
           (42)      L04 - Department of Social Services
                             (a)      Phyllis Wheatley - Donaldson Center Revitalization      $      150,000;
                             (b)      Fatherhood and Families Engagement      $      25,000;
           (43)      P16 - Department of Agriculture
                             (a)      Marketing - Promotion of 3 Regional Farmers Markets      $      1,000,000;
                             (b)      Certified South Carolina Grown Program      $      500,000;
                             (c)      Greenville State Farmers Market - Feasibility Study      $      250,000;
                             (d)      Marion County Vocational Agribusiness      $      300,000;
           (44)      P28 - Department of Parks, Recreation, and Tourism
                             Reedy Square - Tourism and Economic Development Center      $      100,000;
           (45)      P45 - Rural Infrastructure Authority
                             Camden Water Loop Construction Project      $      200,000;
           (46)      R36 - Department of Labor, Licensing, and Regulation
                             Urban Search and Rescue (USAR)      $      1,500,000;
           (47)      U30 - Division of Aeronautics
                             Ramp Repair and Improvements      $      425,000;
           (48)      U12 - Department of Transportation
                             (a)      Traffic Management/Richland Electrical Building Construction      $      75,000;
                             (b)      Lexington County Maintenance Complex Land Acquisition      $      40,000;
                             (c)      Lexington County Maintenance Complex Construction      $      20,000;
                             (d)      Upstate Salt Storage Facility Construction      $      60,000;
                             (e)      Cherokee Salt Shed Construction      $      26,000;      and
                             (f)            Bridge Replacement and Rehabilitation      $      10,000,000;
           (48.1)      The funds appropriated above to the Department of Transportation for Bridge Replacement and Rehabilitation shall serve as the match requirement for active federal aid eligible bridge replacement projects currently programmed in the Statewide Transportation Improvement Program (STIP) and Act 114 prioritized rehabilitation projects approved by the commission for future inclusion in the STIP as of February 21,2013.
     Unexpended funds appropriated pursuant to this provision may be carried forward to succeeding fiscal years and expended for the same purposes.
     (C)      From the escrow account established pursuant to Proviso 90.13 of Act 310 of 2008, the remaining funds shall be used to offset any operating shortfalls resulting from the Barnwell Low Level Waste Facility operations in order to preserve the economic viability of the facility.  The amount distributed to offset any operating shortfalls shall be determined by calculating the difference between the allowable operating costs plus adjustments as approved by the Public Service Commission, and the access fees paid by the Atlantic Compact generators.  Funds remaining in the account to offset operating shortfalls shall also be used to maintain access fees to the facility for Fiscal Year 2013-14 at the Fiscal Year 2009-10 level.  There shall also be paid from the escrow account the annual dues of the Southern States Energy Board.

     All acts or parts of acts inconsistent with any of the provisions of Parts IA or IB of this act are suspended for Fiscal Year 2013-2014.
     If any part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other parts, sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
     Except as otherwise specifically provided, this act takes effect July 1, 2013.

Wednesday, May 8, 2013 at 9:45 A.M.