Bill 4820

BIL: 4820.1B

TXT:

1.1. (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 State Budget and Control Board. In order to facilitate the immediate deposit of collections, refunds of such collections by the 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. Revenues derived from the General Retail Sales Tax, the Soft Drinks Tax, and the State's portion of Revenue derived from the Alcoholic Liquors Tax and Cable Television Fees, must be expended to cover appropriations herein made for the support of the public school system of the State only, and any amount of such appropriations in excess of these revenues shall be paid from other General Fund Revenues. Appropriations in this Act for the support of the public school system shall include the following agencies:

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.

1A.1. (Use of Funds) It is the intent of the General Assembly to appropriate all State funds and to authorize and/or appropriate the use of all Federal and other funds for the operations of State agencies and institutions for the current fiscal year. Transfers of funds may be approved by the Budget and Control Board under its authority or by the agency as set forth herein in Section 129.12. Any agency which requests or transfers personal service funds must indicate on the transfer document whether or not a reduction in force is involved. To the extent practicable, all agencies and institutions having Federal or other funds available for the financing of their operation shall expend such funds in accordance with the intent of this Act. The authorization to spend Federal and other funds shall be decreased to the extent that receipts from these sources do not meet the estimates as reflected in each Section of this Act; and any increase shall be authorized through the review process as set forth in Act 651 of 1978 as amended.

2.1. (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 1994-95, and for other purposes specifically designated.

2A.1. (Fiscal Year Definitions) For purposes of the appropriations made by this Part, "current fiscal year" means the fiscal year beginning July 1, 1994, and ending June 30, 1995, and "prior fiscal year" means the fiscal year beginning July 1, 1993, and ending June 30, 1994.

2A.2. (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.

3.1. (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 on a six months basis or the duration of the legislative session.

3.2. (LEG: House Employee Reimbursement) The Speaker of the House is authorized to reimburse travel and other expenses incurred by employees of the House of Representatives for official business in accord with current rules and regulations.

3.3. (LEG: Approved Accounts Expenditure) The clerks of the two Houses and the Legislative Council are authorized to issue their warrants on Approved Accounts for necessary extra clerical or other services upon approval of the Speaker of the House or Lieutenant Governor, respectively.

3.4. (LEG: Legislative Employee BPI/Merit) Notwithstanding any other provision of law, 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. For purposes of this proviso, "legislative employees" does not include employees of the House of Representatives.

3.5. (LEG: House Employees Salary Adjustments) Necessary temporary or permanent research assistants for the House of Representatives shall be paid from Approved Accounts of the House upon approval of the Speaker with the advice and consent of the Chairman of the standing committees. The Speaker may adjust salary levels of employees of the House, to be paid for from funds carried forward from the Research Assistant Accounts.

3.6. (LEG: Special Services Both - Houses Salary Adjustments) The Lieutenant Governor and the Speaker upon agreement may adjust salary levels of employees of Special Services of Both Houses, to be paid from Approved Accounts of Special Services for Both Houses.

3.7. (LEG: Interim Expenses Allowance) The Chairman of the Standing House and Senate Committees shall each be allowed the sum of four hundred 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.

3.8. (LEG: Subsistence/Travel Regulations) Notwithstanding any other provision of law:

a. Members of the General Assembly shall receive subsistence expense equal to the maximum allowable by regulation of the Internal Revenue Code, for the Columbia area 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. When certified by the Chairman, the members serving on such Committees shall receive a subsistence as provided in item "a." above, 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. When certified by the Chairman, the members appointed to such Committees shall receive a subsistence as provided in item "a." above, 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 as provided in item "a." above, 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.

3.9. (LEG: Expense/Compensation Vouchers) All vouchers for the payment of the expenses and/or compensation of committees of the General Assembly shall be prepared by the Clerks of the two Houses.

3.10. (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.

3.11. (LEG: Supplies Approval) Notwithstanding any other provision of law, 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.

3.12. (LEG: Telephone Service) The Clerks of the Senate and the House, with the approval of the Senate Operations and Management Committee and the Speaker of the House, respectively, shall cause to be installed such telephone service as may be appropriate for use of the membership and presiding officer of each legislative body.

3.13. (LEG: Research Directors Appointment) The Speaker of the House shall appoint the Executive Director of Research. The Speaker, with the advice and consent of the individual committee chairman, shall appoint the Director of Research for each standing committee.

3.14. (LEG: House Pages) One hundred forty-four Pages shall be appointed by the Speaker of the House of Representatives and they shall be available for any necessary service to the House of Representatives.

3.15. (LEG: Sergeant-At-Arms & Director of Security Duties) The duties of the Sergeant-at-Arms and Director of Security of the respective Houses and/or Assistant Sergeant-at-Arms shall be those provided by the Code, the Rules of the respective Houses, those designated by the President Pro Tempore of the Senate or the Speaker of the House, the security of personnel and property of the respective Houses, and in addition the Sergeant-at-Arms and Director of Security of the respective Houses and/or Assistant Sergeant-at-Arms shall meet and escort visitors in and about their respective bodies and shall, during the hours of duty, be dressed in a distinctive manner so as to be easily identified as Sergeant-at-Arms and Director of Security of the respective Houses.

3.16. (LEG: Approved Accounts Annual Audit) The State Auditor shall annually audit the Approved Accounts of the Senate, the House, Special Services for Both Houses, and the Legislative Council and make a report to the two bodies.

3.17. (LEG: Leg. Council Employment/Salary Adjustments) The Legislative Council is authorized to employ additional stenographic or other help between sessions as the Council may deem necessary, at such salary or salaries as the Council may set, to be paid from Approved Accounts. Notwithstanding any limitation or other provision of law to the contrary, the Legislative Council may adjust salaries for Legislative Council personnel. Any adjustments made must be paid from funds appropriated for the Council or from the funds appropriated to the Council under Section 3D for this purpose, or both.

3.18. (LEG: Leg. Information Systems Management) The Legislative Information Systems shall be under the direction and management of a council composed of the President of the Senate, Speaker of the House, Chairman of Senate Finance Committee, Chairman of House Ways and Means Committee, Chairman of the Senate Judiciary Committee and Chairman of the House Judiciary Committee.

3.19. (LEG: Legislative Printing Management) The Office of Legislative Printing and Information Technology Resources shall operate under the supervision and administrative direction of the Clerks of the respective Houses.

3.20. (LEG: State House Renovation) Any improvements and additions to the State House must be recommended or approved by the State House Committee of the General Assembly, and that bidding, executing, and carrying out of contracts shall be in accord with standing regulations and procedures for any other work of the same type applicable to agencies and institutions of State government.

3.21. (LEG: Senate Research Personnel Compensation) Notwithstanding any other provision of law, 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.

3.22. (LEG: Legislative Council Availability) Personnel employed under the provisions of Subsection 3D of this section for Legislative Research shall be available upon request of the Committee Chairman to work with the standing or interim committees of the Senate and the House of Representatives.

3.23. (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.

3.24. (LEG: Jt. Leg. Committee Annual Audit) The State Auditor shall annually audit, as a single entity, the appropriations in Subsection 3J of this section and make a report to the General Assembly of such audit.

3.25. (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.

3.26. (LEG: Committee on Tourism & Trade) From appropriations made herein, the Committee on Tourism and Trade shall assist with the implementation and coordination of the efforts and activities of state agencies in the development of tourist and/or trade markets, upon the request of the agency involved.

3.27. (LEG: Jt. Com. Budgets & Annual Reports) All committees funded in Subsection 3J of this section shall submit their proposed budgets and an annual report outlining the previous year's activities to the Operation and Management Committees of both houses. The Operation & Management Committees shall operate jointly for the purpose of preparation, submission and oversight of the budgets submitted by committees funded in Subsection 3J. The Operation & Management Committees shall determine the format to be used for purposes specified herein. Submission of these budget requests to the Budget and Control Board and the Ways and Means Committee of the House of Representatives during the preparations of the annual state general appropriations bill shall be the responsibility of the Operation & Management Committees and budget requests of the joint legislative committees shall be received only in this manner. The Operation & Management Committees shall determine the format to be used for display of joint committee budgets in the annual appropriations act. The Operation & Management Committees shall maintain detailed budgets for each joint committee, delineating appropriations according to such categories as the Operation & Management Committee shall prescribe. Any request for transfer of funds by any joint committee for whatever purpose shall be filed with the Operation & Management Committees. Upon approval of such request, the Operation & Management Committees shall forward the appropriate documentation to the Budget & Control Board and the Comptroller General.

3.28. (LEG: Legislative Carry Forward) In addition to the funds appropriated in this section, the funds appropriated under Sections 3A, 3B, 3C, 3D, 3E, 3H, 3I, 3J24, and 3J29 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.

3.29. (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.

3.30. (LEG: Special Services Both Houses Nurses) The State shall provide to the nurses under Subsection 3C of this section the same leave time and basic health and accident insurance coverage as is provided other state employees pursuant to law. All of the amount provided in 3C for nurses shall be utilized for the specified purpose.

3.31. (LEG: Dues) The funds provided herein for the Council of State Governments and the National Conference of State Legislatures are appropriated to be paid as dues to the respective organizations and these funds shall not be transferred to any other program.

3.32. (LEG: Copy of Act to Counties) Notwithstanding any other provision of law, the Clerk of the House is required to send only one copy of each Act to the Clerk of the Court of the various counties.

3.33. (LEG: Electrocardiograph Machine Rental) Of the amount appropriated for "Supplies and Equipment" in Subsection 3C of this Section up to $2,000 may be used for the rental of an electrocardiograph machine which would supply immediate readings to be used during the legislative session.

3.34. (LEG: In-District Compensation) All members of the General Assembly shall receive an in district compensation of $300 per month for the months of July, 1994 through December, 1994. All members of the General Assembly shall receive an in district compensation of $1,000 per month effective January 1, 1995.

3.35. (LEG: Additional House Support Personnel) An amount of $150,000 is appropriated for the purpose of providing additional support personnel to assist House members who are not already being furnished with direct legislative assistance in the conduct of their Legislative responsibilities. This amount shall be used for staffing requirements where necessary for part time personnel. The House Operations & Management Committee shall recommend the method of use of these funds upon approval by the Speaker. The additional personnel shall be used only when the House is in regular, extended, or special session. At a member's request, the House Operations and Management Committee shall use any unexpended portion of a member's allotment to purchase equipment for the member's office.

3.36. (LEG: Per Diem) No per diem may be paid to any person from more than one source for any one calendar day.

3.37. (LEG: House Postage) The Speaker of the House is authorized to approve no more than $600 per member per fiscal year for postage.

3.38. (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.

3.39. (LEG: Legislative Council Proofreaders) The Director of the Legislative Council is authorized to have the staff proofreaders work one month before and one month after the session.

3.40. (LEG: Formula Funding Jt. Study Committee) A joint study committee, consisting of three members of the House Ways and Means Committee appointed by the Chairman of the House Ways and Means Committee, one member of the House Education and Public Works Committee appointed by the Chairman of the House Education and Public Works Committee, three members of the Senate Finance Committee appointed by the Chairman of the Senate Finance Committee, one member of the Senate Education Committee appointed by the Chairman of the Senate Education Committee, and three members appointed by the Governor, shall study formula funding in education programs. The Chairman of the Senate Finance Committee shall convene the initial meeting of the study committee. The formulas to be studied include those utilized in Education Finance Act programs, the determination of the Southeastern average teacher pay, and the funding of institutions of postsecondary education. The State Board of Education, the State Board for Technical and Comprehensive Education, the Commission on Higher Education and any institution of postsecondary education or school district must provide the committee such information as the committee requests. The first priority for committee study is the Education Finance Act including, but not limited to, the base student cost, the index of taxpaying ability including specifically the impact of the emergence of totally self-reliant school districts upon the formula and the annual inflation factor. The expenses of the legislative members of the study committee shall be paid from the approved accounts of their respective bodies. The expenses of the gubernatorial appointees shall be absorbed within the Governor's office.

3.41. (LEG: House Staff Reclassification/Compensation) The appropriation for Staff Reclassification Compensation provided for in Section 3B is for use by the Speaker for reclassification and salary adjustment of any employee of the House of Representatives after consultation with the Operations and Management Committee and the chairmen of the other Standing Committees of the House.

3.42. (LEG: House/Senate Staff Outside Employment) Full-time employees of the House of Representatives and the Senate are prohibited from outside employment during normal working hours, except with the permission of an employee's department head, and annual leave must be taken for any approved outside employment.

3.43. (LEG: Executive Joint O&M Committee) There is hereby established an Executive Committee of the Joint Operations and Management Committee consisting of the Chairman of the Senate Operations and Management Committee and the Chairman of the House Operations and Management Committee and two members of each respective Committee appointed by the Chairman thereof.

Any requests to transfer funds within or between the Committees authorized in Section 3J of this section, or to increase the salary of any permanent employee of a Committee as herein above referenced in an amount greater than an amount equal to authorized base pay and merit increments shall be forwarded to the Executive Committee for approval prior to being effectuated. The Executive Committee shall have the authority to restrict the expenditures of any Study Committee whose rate of expenditure indicates that the Committee will exceed the authorized appropriation during the fiscal year.

3.44. (LEG: Guardian Ad Litem Pgm. Technology Equipment) Notwithstanding any other provision of law, or agency regulation, requirement or policy to the contrary, the Guardian Ad Litem Program is authorized to procure necessary technology equipment under the provisions and procedures set forth in Chapter 35 of Title 11 of the 1976 Code as amended.

3.45. (LEG: Dialup Facility) Upon review and approval by the Council as provided in 3.18., Legislative Information Systems is authorized to charge fees for the use of its Dialup Facility and to retain, use and carry forward these funds to be used only for equipment and maintenance for this Facility.

3.46. (LEG: Leg. Council Combined Position) The Director of the Legislative Council, with the approval of the Council, is authorized to combine two or more stenographic, clerical, technical assistant, or administrative assistant positions into one with a job description for the combined position to be approved by the Council, with a compensation level also approved by the Council. The appropriations or any portion thereof for the positions combined into one may be used to fund the combined position.

3.47. (LEG: Selected Agencies Base Budget Study) By August 1, the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee, in consultation with their respective committee members, shall jointly undertake a study and review of the base budgets of selected state agencies with similar functions. The review must include, as a minimum, an analysis to determine whether each agency is 1) complying with its statutory role, 2) providing mandated services efficiently and effectively, 3) administratively organized to attain maximum efficiency, and 4) unnecessarily duplicating services or administration of any agency. The Chairmen must develop a plan for accomplishing this review and shall refer portions of the plan and related analysis to appropriate legislative and executive branch oversight agencies. Such agencies must provide the analysis needed from existing resources and provide a report in the timeframe specified.

All state agencies selected for review must cooperate fully in the conduct of these base budget reviews. Notwithstanding any other provision of law, agencies providing analysis must set their priorities to accomplish the base budget review as set forth herein.

3.48. (LEG: Reorganization Comm. Publications Carry Forward) The State Reorganization Commission shall provide a copy of all publications to each member of the General Assembly, the Governor, and the Lieutenant Governor. The Commission may also provide a copy of publications to state agency directors. The Commission may charge, for additional copies, and other requests for publications, an amount to cover the cost of printing and expenses of postage and shipping of publications. Revenue generated may be retained and expended by the Commission to reimburse it for the printing of its publications and to pay the expenses of postage and shipping. Any remaining balance in the sale of publications account may be carried forward and expended for the same purpose.

3.49. (LEG: Sales Tax on Copies of Legislation) No sales tax is required to be charged or paid on copies of or access to legislation or other informational documents provided to the general public or any other person by a legislative agency when a charge for these copies is made reflecting the agency's cost thereof. Funds received as revenue from the sale of materials or as reimbursements for the cost of providing certain supplies or services or refunds must be remitted to the State Treasurer as collected, but in no event later than twelve (12) working days from the date of the receipt of any such funds.

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3.53. (LEG: House Postage/Telephone Allocation) Any member of the House who has not used all of his annual allocation for postage or all of his annual allocation for telephone expenses may use the remaining funds in one category in the other category during that year.

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3.56. (LEG: Jt. O&M Committee/Jt. Legislative Committees) It shall be the responsibility of the Joint Operations and Management Committee to allocate funds to the Joint Legislative Committees.

*3.57. (LEG: State Agencies Missions and Goals) The missions of each state agency will be submitted to the General Assembly in the Governor's Budget Report for Fiscal Year 1995-96. Notwithstanding Section 1-30-10(H) of the Restructuring Act, the Fiscal Year 1995-96 Appropriations Bill will be the document in which the General Assembly approves the missions of state agencies.

*See note at end of act.

3.58. (LEG: (Legislative Oversight of Medicaid Waiver) There is created the Legislative Medicaid Waiver Task Force consisting of the following voting members: the Governor or his designee, up to three members of the Senate Finance appointed by the Chairman of Senate Finance, up to three members of Ways and Means appointed by the Chairman of Ways and Means and up to three members appointed by the Chairman of the Joint Committee on Health Care Planning and Oversight. This Task Force shall (1) oversee planning and implementation of the medicaid waiver which was applied for on March 3, 1994; and (2) review the budgets of all state agencies which might be affected by the conversion to managed care and the expansion of medicaid coverage to potentially over 200,000 additional South Carolinians. In addition to the Governor and the legislative members, the Chairmen of Senate Finance, Ways and Means and Health Care Planning and Oversight may jointly appoint up to six representatives of public and private interests, one of whom must be a consumer, who are significantly affected by the waiver. Such representatives will serve as non-voting members of the Task Force. The legislative members of the Task Force shall elect one member to serve as chairman and one member to serve as vice chairman. The Task Force shall periodically report to all members of the General Assembly concerning the progress of the waiver. The Speaker of the House, President Pro Tempore of the Senate and Chairman of the Health Care Planning and Oversight Committee shall jointly designate staff from the House and Senate to provide necessary administrative, legal and research services for the Task Force, and to the extent practical, use the personnel of appropriate state agencies and commissions with such administrative and legal resources.

3.59. (LEG: House Personnel BPI/Merit/Bonus Compensation) Notwithstanding any limitation or other provisions of law to the contrary, the Speaker shall authorize and allocate any base pay increase, merit pay or bonus among House staff in the manner that the Speaker determines after consultation with the Operations and Management Committee and the Chairmen of the standing committees of the House.

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3.62. (LEG: General Assembly Exemption) Notwithstanding any other provision of law or regulation, or any limitation or provision contained in this act, each branch of the General Assembly is exempt from any provision which requires the approval of the Budget and Control Board or any other executive branch agency for the expenditure, management or transfer of any authorized appropriations.

3.63. (Performance Audit Planning Committee) There is established effective July 1, 1994, the Performance Audit Planning Committee consisting of twelve members. The President Pro Tempore of the Senate, the Speaker of the House, and the chairmen of the Senate Finance and the House Ways & Means Committees shall each appoint three members. The committee shall elect a chairman and other officers as it considers necessary. Members shall serve for the duration of the existence of the committee and vacancies must be filled in the manner of the original appointment. Members shall receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions, to be paid from approved accounts of both houses. The objective of the committee is to review performance audit efforts by South Carolina and other states in order to determine the scope of a performance audit of South Carolina state government. If the committee determines that a performance audit is needed in order to improve services to the citizens of South Carolina and reduce the cost of services, then a master plan identifying the areas to be audited shall be provided as part of the committee report. The Performance Audit Planning Committee shall focus on any recent work by the Legislative Audit Council, the State Reorganization Commission and legislative committees in order to prevent duplication of previous reviews should a performance audit be initiated in the near future. The Speaker of the House and the President Pro Tempore of the Senate shall jointly designate staff from the House, Senate, Legislative Audit Council and State Reorganization Commission to provide necessary administrative, legal, and research services for the committee, and to the extent practical, use the personnel of the B&C Board and those state agencies and commissions with such administrative and legal resources. The committee shall conclude its work and issue a final report by February 1, 1995.

3.64. (LEG: State House Renovation Schedule) The State House Committee is authorized, beginning in July 1994 to establish schedules for the completion of the State House Renovation project by January 1, 1997. General Services must submit to the State House Committee, schedules that will accomplish these time frames. The General Assembly will relocate to the Carolina Plaza for the 1996 and 1997 sessions. Work should begin at such time so as to ensure the readiness of the Carolina Plaza for the 1996 and 1997 sessions of the General Assembly. Upon the approval of these schedules by that Committee all current tenants of the State House will be relocated to other space within the Capital Complex area. Reassignment of space by the State House Committee must be completed prior to the completion of the State House Renovation project.

4A.1. (JUD: Prohibit County Salary Supplements) County salary supplements of Judicial Department personnel shall be prohibited.

4A.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.

4A.3. (JUD: Commitments to Treatment Facilities) The appropriation for continued implementation of Article 7, Chapter 17, of Title 44 of the 1976 Code, Chapter 24 of Title 44 of the 1976 Code, and Chapter 52 of Title 44 of the 1976 Code, relating to 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.

4A.4. (JUD: Judicial Commitment) Except as otherwise provided in Section 129.1., 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.

4A.5. (JUD: Judicial Expense Allowance) Each Supreme Court Justice, Court of Appeals Judge, Family Court Judge and Circuit Court Judge shall receive two hundred fifty dollars per month as expense allowance.

4A.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.

4A.7. (JUD: Advance Sheet Revenues Deposit) The Judicial Department must deposit in the General Fund of the State during the current fiscal year, all advance sheet revenues, including any carried forward balance from prior years.

4A.8. (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.

4A.9. (JUD: Supreme Court Bar Admissions Carry Forward) Any funds collected or carried forward from Supreme Court Bar Admissions in excess of the amount required to be remitted to the General Fund may be carried forward and expended in the current fiscal year for the benefit of the Bar Admissions unit.

4A.10. (JUD: Travel Reimbursement) State employees of the Judicial Department traveling on official state business must be reimbursed in accordance with Section 129.38(J) of this Act.

6DD.1. (GOV: OEPP - Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, in Subsection 6C of this Section "Implementing Federal Programs", "To Match National Grant Funds", "Match Federal Law Enforcement Programs" and "To Match F.E.M.A. Flood Disaster Funds" may be carried forward to the current fiscal year and used for matching committed and/or unanticipated Grant Funds.

6DD.2. (GOV: OEPP - Mining Council Carry Forward) Any unexpended balance on June 30, of the prior fiscal year of funds, not to exceed $2,000, appropriated under Section 6C I Special Items: Mining Council may be carried forward and expended for this same purpose in the current fiscal year.

6DD.3. (GOV: OEPP - Developmental Disabilities Program) The South Carolina Developmental Disabilities Program of the Office of the Governor, Office of Executive Policy and Programs is authorized to provide aid to sub-grantees for projects and services to benefit persons with developmental disabilities. The intent of this provision is not to duplicate other State Agency programs which are considered the legal and programmatic mandate of existing State agencies, but rather to fill gaps that exist in the state service delivery system related to his target population as identified and addressed in the Developmental Disabilities State Plan.

6DD.4. (GOV: OEPP - Development Disabilities Case Coordination System) $112,559 of the sums appropriated under OEPP, Allocations to Other State Agencies must be for the South Carolina Development Disabilities Case Coordination System.

6DD.5. DELETED

6DD.6. DELETED

6DD.7. (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.

6DD.8. (GOV: 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 reviewed by the Joint Appropriations Review Committee.

6DD.9. (GOV: 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.

6DD.10. (GOV: SLED - Criminal Record Search Fee) The State Law Enforcement Division is hereby authorized to charge, collect and carry forward a fee, not to exceed $25 each, for criminal record searches conducted pursuant to Regulations contained in Chapter 73, Article 3, Subarticle 1 of the Code of State Regulations. Any such fees shall be retained and used for agency operations.

6DD.11. (GOV: SLED - Revenue Carry Forward) Notwithstanding any other provision of law, all revenue generated by SLED from the sale of vehicles, various equipment, gasoline and insurance claims during the prior fiscal year may be retained carried forward and expended for the purpose of purchasing like items.

6DD.12. (GOV: OEPP - Program Budget) The Governor's Office shall submit to the Ways and Means Committee and Senate Finance Committee by January 1 of each year, a Program Budget for Section 6C enumerating the planned use of Federal, State and Other Funds.

6DD.13. (GOV: SLED - Agents Operations Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, in subsection 6B of the Section "Agents Operations" may be carried forward and expended for the same purpose in the current fiscal year.

6DD.14. (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.

6DD.15. (GOV: 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.

6DD.16. (GOV: SLED - Night Telephone Operators Accommodations) The State Law Enforcement Division is hereby authorized to provide accommodations/utility service without any charge to night telephone operators.

6DD.17. (GOV: 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 $400 per agent/criminalist for required clothing used in the line of duty.

6DD.18. (GOV: SLED - Witness Fee) The State Law Enforcement Division is hereby authorized to charge a witness fee of $100.00 per hour up to $400.00 per day for each criminalist 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.

6DD.19. DELETED

6DD.20. (GOV: Governor's Office Budget) All other provisions of law notwithstanding, the Office of Executive Policy and Programs section, 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.

6DD.21. (GOV: SLED - RAID Team) Membership of the Retaliation Against Illegal Drugs (RAID) Team and all expenses thereto shall be comprised only of law enforcement agents of the State Law Enforcement Division.

6DD.22. DELETED

6DD.23. DELETED

6DD.24. (GOV: Victim Advocate Policy Committee) The policy committee appointed pursuant to Section 79.3 of the 1988-89 General Appropriations Act is hereby continued for the purpose of monitoring the implementation of the guidelines developed by it, making such revisions as appear appropriate, assisting and advising the director in development and revision of forms, information and criteria used to evaluate compliance with the guidelines by victim advocate programs in solicitor's offices.

The information gathered from these programs shall be aggregated by the director into the annual report of the agency which is submitted to the Governor, Speaker of the House of Representatives and the President of the Senate.

6DD.25. (GOV: 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 House Ways and Means Committee, and the Chairman of the Senate Finance Committee on October 1, for the preceding fiscal year.

6DD.26. (GOV: Establish Victim/Witness Program) Of the funds appropriated in this section for Victim/Witness Program, $350,000 must be equally divided among the judicial circuits. 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.

6DD.27. (GOV: 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 6DD.25 and 6DD.27.

6DD.28. (GOV: Physical Abuse Examinations) Of the funds appropriated in this section for Victims' Rights, up to $60,000 may be expended for physical abuse examinations.

6DD.29. DELETED

6DD.30. (GOV: SLED-ABC Enforcement-Confiscated Alcoholic Beverage Revenue) The State Law Enforcement Division is directed to maintain adequate records accounting for the receipt of funds from the sale of confiscated alcoholic beverages. Such revenue shall be deposited to the credit of the General Fund of the State after deducting the cost of confiscation and sale.

6DD.31. DELETED

6DD.32. DELETED

6DD.33. (GOV: Veterans' Affairs-Aid to Counties) In the allocation of the appropriation in this section as adjusted for "Aid to Counties--Operation of County Office," each county shall receive an effective annual amount equal to 100% of the amount allocated to it for the prior fiscal year less any adjustments made for budget reductions.

6DD.34. (GOV: Continuum of Care - Carry Forward) The Division of Continuum of Care may carry forward funds appropriated herein to continue services.

6DD.35. (GOV: Division of Women - Donations & Contributions) The Division of Women is authorized to accept donations and contributions to provide services as authorized by state law. Such funds are to 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 donations or contributions, if specified, and if not specified, as may be approved by the Division of Women. State appropriations will not supplement those services funded by donations or contributions.

6DD.36. (GOV: Division of Women - Revenue Carry Forward) The Division of Women may retain funds received from luncheon fees and souvenir sales for general operating expenses. Any unexpended revenue from these sources may be carried forward into the current fiscal year to be expended for the same purposes.

6DD.37. (GOV: Foster Care - Reduction in Funds Separation) In recognition of the fact that the funds appropriated for the Division of Foster Care contain both funds appropriated for use by the Division Review System and "pass through" funds designated for use by the South Carolina Protection and Advocacy for the Handicapped, any reduction in funds appropriated for either shall be calculated based upon the separate funds for the respective entities rather than based upon the combined budget of the two organizations.

6DD.38. (GOV: 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.

6DD.39. (GOV: Foster Care - Medicaid Eligible Children) It is the intent of the General Assembly to ensure that placements of emotionally disturbed medicaid eligible individuals under the age of twenty-one in residential therapeutic treatment are appropriate and that the level of care provided each child is offered in the least restrictive environment appropriate to meet the child's treatment needs. The statutory powers and functions of the Division of Foster Care are expanded to develop, implement, and manage a quality assurance review system under contract with the Department of Health and Human Services. This paragraph supersedes any previous statutory or regulatory mandate.

6DD.40. (GOV: Div. on Aging - State Match Funding Formula) Of the state funds appropriated under "Distribution to Subdivisions", the first allocation by the Division on Aging shall be for the provision of required State matching funds according to the Division's formula for distributing Older Americans Act funds, based on the official United States census data for 1990. The balance of this item, but not to exceed five hundred thousand dollars ($500,000) shall be distributed equally among the ten regional planning districts of the State. In the event State appropriations are reduced, reductions to the ten regional planning districts shall be based on amounts distributed in accordance with the previous requirements.

6DD.41. (GOV: Div. on Aging - State Matching Funds Carry Forward) Any unexpended balance on June 30 of the prior fiscal year, of the required State matching funds allocation, of the amount appropriated in this section under Distribution to Subdivisions, shall be carried forward in the current fiscal year to be used as required state matching funds for Federal funds awarded to subdivisions on or before September 30 of the current fiscal year.

6DD.42. (GOV: Div. on Aging - Recycle Program) The Division on Aging is hereby authorized to collect, expend, and carry forward not more than $1,000 in revenues from the sale of items to be recycled.

6DD.43. (GOV: Div. on Aging - Registration Fees) The Division on Aging is authorized to receive and expend registration fees for educational, training, and certification programs.

6DD.44. DELETED

6DD.45. DELETED

8.1. (SS: Records Fee/Carry Forward Computer & Telephone Equipment) The Secretary of State may establish and collect fees not to exceed the actual cost of searching for or making copies of records. Such records shall be furnished at the lowest possible cost to the person requesting the records. The Agency may retain these funds for the purposes of purchasing and maintaining computer and telephone facsimile equipment. The Agency may charge a reasonable hourly rate for making records available to the public and require a reasonable deposit of such costs prior to searching for or making copies of the records.

8.2. (SS: Retention of Funds) Funds paid to the Secretary of State's Office in settlement of litigation and enforcement actions, and reimbursement of expenses, involving violations of the South Carolina Securities Act may be retained and expended within the Agency's budget to help offset the costs of investigating, prosecution, and the administrative costs associated with these violations, and to fund investor awareness and education programs. Upon JARC approval, funds may also be used for other nonrecurring expenses of the office. Funds not approved by JARC shall be remitted to the General Fund.

8.3. DELETED

9.1. (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.

9.2. (CG: GAAP Implementation & Refinement) It is the intent of the General Assembly to oversee the conversion of the financial statements issued for the State of South Carolina and these financial statements shall be in conformance with Generally Accepted Accounting Principles (GAAP) by the earliest possible date. To this end, the Comptroller General is directed, as the State Accounting Officer, to proceed with the implementation and refinement of the Statewide Accounting and Reporting System (STARS) so as to develop a reporting system that will result in the preparation of the official financial reports for the State of South Carolina by the State Accounting Officer in conformance with Generally Accepted Accounting Principles (GAAP). The Comptroller General, as the State Accounting Officer, is given full power and authority to issue accounting policy directives to State agencies in order to comply with Generally Accepted Accounting Principles. The Comptroller General is also given full authority to conduct surveys, acquire consulting services, and implement new procedures required to fully implement Generally Accepted Accounting Principles under the oversight of the General Assembly.

9.3. (CG: Out-of-State Promotional Activities Expenses) The Comptroller General may approve warrants for the payment of expenses for out-of-state promotional activities only when, in his opinion, such expenses are related to economic development in South Carolina.

9.4. (CG: Payroll Deduction Processing Fee) There shall be a fee for processing payroll deductions, not to exceed 5 cents, for insurance plans, credit unions, deferred compensation plans and professional associations per deduction per pay day. Proceeds shall be remitted to the General Fund of the State. This fee shall not be applied to charitable deductions.

9.5. (CG: Lump Sum Agencies GAAP Implementation) The Comptroller General's Office, in conjunction with lump sum agencies, is hereby directed to implement appropriate accounting procedures to consolidate accounts where necessary for proper accounting and thereby facilitate financial reporting in accordance with Generally Accepted Accounting Principles.

10.1. (TREAS: Nat'l. Forest Fund - Local Gov't. 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.

10.2. (TREAS: STARS Approval) Decisions relating to the Statewide Accounting and Reporting System (STARS) 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.

10.3. (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 Sections 11-9-660 and 11-9-661.

10.4. (TREAS: General Reserve Fund Transfer) The State Treasurer's Office is authorized to transfer $9,930,206 of General Funds to the General Reserve Fund on July 1, 1994 to comply with Article III, Section 36 of the Constitution. This amount of General Funds must be replaced as the first priority of any FY 1993-94 surplus.

11.1. (AG: Collection of Debts, Claims or Obligations) The Attorney General is hereby authorized to contract for the collection of debts, claims or obligations due to the State, or any of its departments or institutions.

11.2. (AG: Hiring of Attorneys) No department or agency of the State Government shall hire any classified or temporary attorney as an employee except upon the written approval of the Attorney General and at a compensation approved by him. All such attorneys shall at all times be under the supervision and control of the Attorney General except as otherwise provided by law unless obtaining prior approval by the Budget and Control Board.

11.3. (AG: Engage Attorney on Fee Basis) No department or agency of the State Government shall engage on a fee basis any attorney at law except upon the written approval of the Attorney General and upon such fee as shall be approved by him. This shall not apply to the employment of attorneys in special cases in inferior courts where the fee to be paid does not exceed two hundred fifty ($250.00) dollars or exceptions approved by the Budget and Control Board.

11.4. (AG: Printing of Opinions & Index) The Attorney General is authorized to print for public sale, copies of his published opinions and index thereto at such charges as are established by the state printer, in accordance with the cost of the documents plus a twenty-five percent surcharge. All proceeds from the sale of copies of opinions or indices shall be remitted to the general funds of the State and a full accounting kept thereof.

11.5. (AG: Asbestos Abatement Litigation) The Attorney General shall report to the Ways and Means and Senate Finance Committees on the status of that office's Asbestos Abatement Litigation.

11.6. (AG: State Grand Jurors Subsistence) Jurors of the state grand jury shall receive daily subsistence expense equal to the maximum allowable by regulation of the Internal Revenue Code for the Columbia area when summoned or serving and be paid the same per diem and mileage as are members of state boards, commissions, and committees.

11.7. (AG: Medicaid Fraud) The Attorney General shall provide the necessary personnel, in conjunction with Health & Human Services Finance Commission, to process and/or refer suspected Medicaid fraud cases to appropriate law enforcement officials for investigation and/or legal action, as deemed necessary.

11.8. DELETED

11.9. DELETED

12.1. (PCC: Solicitor Salary) The amount appropriated in this section for salaries of Solicitors shall be paid to each full-time Solicitor.

12.2. (PCC: Solicitor Expense Allowance) Each solicitor shall receive two hundred fifty dollars ($250.00) per month as expense allowance.

12.3. (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 on a per capita basis and based upon the official census of 1990. Payment shall be made as soon after the beginning of the first and third quarter as practical.

12.4. (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.

14.1. (INDEF: Defense of Indigents Formula) The amount appropriated in this section for "Defense of Indigents" shall be apportioned among counties in accord with Section 17-3-10, 1976 Code, but on a per capita basis and based upon the official United States Census for 1990. The level of contribution of each county as of July 1, 1992, must be maintained. No county shall be permitted to contribute less money than the amount the county contributed as of July 1, 1992. Within the amount of money established for indigent defense services, the State shall set aside $2,750,000 (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. The State also shall set aside $1,000,000 annually to pay fees and expenses of private counsel appointed in non-capital cases pursuant to Section 17-3-50 (Conflict Fund). Of the funds generated from the surcharge imposed pursuant to Section 14-1-213 of the 1976 Code, and 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, 50% must be deposited into the Death Penalty Trial Fund, 15% must be deposited into the Conflict Fund until each of these funds has received the required level of deposit, 15% must be distributed to the county public defender offices apportioned on a per capita basis based upon the official United States Census for 1990, and remaining funds each month must be apportioned among the counties pursuant to Section 17-3-10. When either the Death Penalty Trial Fund or the Conflict Fund has been fully funded, the monthly revenue being set aside for that fund will be directed to the other fund until it is completely funded. Upon complete funding of both the Death Penalty Trial Fund and the Conflict Fund, all revenue collected pursuant to Section 14-1-213 and Sections 14-1-206(C)(4), 14-1-207(C)(6), 14-1-208(C)(6), and 17-3-30(B) must be apportioned among the counties. At the end of each fiscal year, any funds remaining in the Conflict Fund shall be treated as provided in Section 17-3-330(B). At the end of each fiscal year any leftover funds shall carryover to the next fiscal 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 Office of Indigent Defense. If all funds in either the Death Penalty Trial Fund or the Conflict Fund are exhausted before the end of the fiscal year, any outstanding awards of attorney fees or expenses shall be the obligation of the county.

For the current fiscal year, Section 16-3-26 of the 1976 Code of Laws is amended to read:

"Section 16-3-26. (A) Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.

(B) Whenever any person is charged with murder and the death penalty is sought, the court, upon determining that such person is unable financially to retain adequate legal counsel, shall appoint two attorneys to defend such person in the trial of the action. One of the attorneys so appointed shall have at least five years' experience as a licensed attorney and at least three years' experience in the actual trial of felony cases, and only one of the attorneys so appointed shall be the Public Defender or a member of his staff. In all cases where no conflict exists, the public defender or member of his staff shall be appointed if qualified. If a conflict exists, the court shall then turn first to the contract public defender attorneys, if qualified, before turning to the Office of Indigent Defense.

Notwithstanding any other provision of law, the court shall order payment of all fees and costs from funds available to the Office of Indigent Defense for the defense of indigents. Any attorney appointed shall be compensated at a rate not to exceed fifty dollars per hour for time expended out of court and seventy-five dollars per hour for time expended in court. Compensation shall not exceed twenty-five thousand dollars and shall be paid from funds available to the Office of Indigent Defense for the defense of indigents represented by court-appointed, private counsel.

(C) (1) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for the representation of the defendant whether in connection with issues relating to guilt or sentence, the court shall authorize the defendant's attorneys to obtain such services on behalf of the defendant and shall order the payment, from funds available to the Office of Indigent Defense, of fees and expenses not to exceed twenty thousand dollars as the court shall deem appropriate. Payment of such fees and expenses may be ordered in cases where the defendant is an indigent represented by either court-appointed, private counsel or the public defender.

(2) Provided upon exhaustion of the funds provided through the Office of Indigent Defense, any outstanding awards of attorney fees or expenses shall be the obligation of the county.

(D) Payment in excess of the hourly rates and limit in subsection (B) or (C) is authorized only if the court certifies, in a written order with specific findings of fact, that payment in excess of the rates is necessary to provide compensation adequate to ensure effective assistance of counsel and payment in excess of the limit is appropriate because the services provided were reasonably and necessarily incurred. Upon a finding that timely procurement of such services cannot await prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc.

(E) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs, and other expenditures on behalf of the defendant.

(F) The Supreme Court shall promulgate guidelines on the expertise and qualifications necessary for attorneys to be certified as competent to handle death penalty cases.

(G) The Office of Indigent Defense shall maintain a list of death penalty qualified attorneys who have applied for and received certification by the Supreme Court as provided for herein. In the event the court appointed counsel notifies the chief administrative judge in writing that he or she does not wish to provide representation in a death penalty case the chief administrative judge shall advise the Office of Indigent Defense which shall forward a name or names to the chief administrative judge for consideration. The appointment power is vested in the chief administrative judge. The Office of Indigent Defense shall establish guidelines as are necessary to ensure that attorneys' names are presented to the judges on a fair and equitable basis taking into account geography and previous assignments from the list. Efforts shall be made to present an attorney from the area or region where the action is initiated.

(H) The payment schedule set forth herein, as amended by Act 164 of 1993, shall apply to any case for which trial occurs on or after July 1, 1993."

For the current fiscal year, Section 17-3-30 of the 1976 Code of Laws is amended to read:

"Section 17-3-30. (A) A person to whom counsel has been provided shall execute an affidavit that he is financially unable to employ counsel and that affidavit shall set forth all his assets. 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 to the defender corporation of the county or counties wherein he is being represented or, if a defender corporation does not exist therein, to the judicial department of the State of South Carolina.

(B) A twenty-five dollar application fee for public defender services must be collected from every person who executes an affidavit that he is financially unable to employ counsel. The person may apply to the clerk of court or other appropriate official for a waiver or reduction in the application fee. If the clerk or other appropriate official determines that the person is unable to pay the application fee, the fee may be waived or reduced. The clerk of court or other appropriate official shall collect the application fee imposed by this section and remit the proceeds to the state fund 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 Office of Indigent Defense.

(C) Sufficient funds shall be set aside from allocations provided for the defense of indigents to provide for adequate screening of applications for indigent assistance to ensure the applicant is qualified."

For the current fiscal year, Section 17-3-330 of the Code of Laws of 1976 is amended to read:

"Section 17-3-330. (A) The Office of Indigent Defense shall:

(1) serve as the entity which distributes all funds appropriated by the General Assembly for the defense of indigents, including funds allocated to counties pursuant to formula, funds for the defense of capital cases, funds for attorney fees and expenses in non-capital cases, and other funds appropriated for these purposes;

(2) perform those functions provided under Section 16-3-26(G);

(3) serve as a resource for the compilation of accurate statistical data covering the indigent defense system in this State;

(4) implement other duties the commission may direct; and

(5) report annually to the General Assembly on the indigent defense system.

(B) On or about June 30, 1994 and every year thereafter on that date, if the Office of Indigent Defense determines, after taking into consideration all outstanding obligations against the fund for payment of attorney fees and expenses in non-capital cases, that unexpended funds remain, these funds shall be rolled over into the fund for payment of attorney fees and expenses in capital cases; provided however this shall occur only in the event the funds in the capital fund have been exhausted at that time. This fund shall at no time exceed $2.75 million dollars."

14.2. (INDEF: State Employee Compensation Prohibited) Except as otherwise provided in Section 129.1., 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.

14.3. (INDEF: County Share of Indigent Expenses) It is the intent of the General Assembly that any expense incurred in any county for the defense of indigents in excess of the county's share of funds appropriated in this section for such purpose shall be borne by the county.

15.1. (ADJ: Tuition Assistance Program) Funds received from students who failed to enroll or withdraw from programs under the Tuition Assistance Program may be deposited in the Tuition Assistance Program Appropriation Account and expended for the same purpose as the original appropriation.

15.2. (ADJ: Unit Maintenance Funds) Notwithstanding any other provision of law, the funds appropriated as unit maintenance funds shall be distributed to the various National Guard units at the direction of the Adjutant General.

15.3. (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 telephone expenses, and other collections be retained and expended in its budgeted operations.

15.4. (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.

15.5. (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 headquarter's 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 prerequisites.

15.6. (ADJ: State Guard Uniforms) Any element of the Militia of this State may be uniformed in such surplus uniforms as may be made available to this State, except that the insignia of the United States shall be removed and for it shall be substituted distinctive insignia of the State of South Carolina.

15.7. DELETED

16.1. (ELECT: County Board of Registration Compensation) The amount appropriated in this section for "County Board of Registration members," shall be disbursed annually at the rate of $4,800 to each County Treasurer. These funds shall be disbursed equally to the members of the County Boards of Registration only. Any funds not used for this purpose shall be returned to the State Treasurer. These funds are subject to mandated budget reductions. If any County Board of Registration membership is increased from three to four or four to five members, then the new board member or members may be compensated at the same rate as the then present Board Members. Any increased funding, if any, for each County Board of Registration caused by this requirement shall be funded by funds provided for in this section if available. If no funds are available under this section, then the additional funds may be provided for by the county of that particular County Board of Registration.

16.2. (ELECT: County Election Commissioners Compensation) The amounts appropriated in this section for "County Election Commissioners" shall be disbursed annually to the County Treasurer at the rate of $440 for each member of the County Election Commission, not to exceed $2,200 per County. The County Treasurer shall use these funds only for compensation of Commissioners for state and county general elections. Any funds not used shall be returned to the State Treasurer. Such payments shall not be construed as salary compensation. These funds are subject to mandated budget reductions.

16.3. (ELECT: Elections Managers & Clerks Per Diem) Managers and clerks of state and county elections shall receive a per diem of $25.00; 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 $25.00 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.

16.4. (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 15 days that may be required for hearings held by the members of the Board of State Canvassers.

16.5. (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 State 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 $220,000, shall be used for non-recurring expenses in conjunction with Act 248 of 1991, the Ethics, Government Accountability, and Campaign Reform Act and in conjunction with extraordinary special election and legal costs. Any balance in the Sale of Lists Account on June 30, of the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year.

16.6. (ELECT: Budget Reduction Exemption) Funds appropriated for 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 non-recurring primary and general election expenses shall be excluded from the agency's base budget.

16.7. (ELECT: State Supplement) If a county, by legislation, chooses to combine its Board of Registration and Election Commission into one board, the state supplement outlined in Provisos 16.1 and 16.2 shall provide $960 for each of the first five members and $440 for each additional member. The county shall divide these funds equally among the total number of members appointed to the joint board. These funds are subject to mandated budget reductions.

16.8. (ELECT: Primary 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 30, 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 Election Accounts on June 30, of the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year.

16.9. (ELECT: Automated Voting Systems Carry Forward) Funds provided to the agency as state match for purchasing automated voting systems shall be carried forward to be expended for the same purposes in the current fiscal year.

17.1. (BCB: Carry Forward-Revenue From Goods & Services) Notwithstanding any other provisions of law, that the Divisions of the Budget and Control Board are authorized to provide and receive goods and services to and from all governmental units including other Divisions, state, and local entities, as will in its opinion promote efficient and economical operations, and to charge and to pay such entities for such goods and services, the revenue from which shall be deposited in the State Treasury in a special account and expended only for the costs of providing such goods and services, and such funds may be carried forward and used for the same purposes.

The Budget and Control Board is responsible for the review and evaluation of all revenue funded activities within the Board in order to assure that cost savings and efficiencies are being provided to such entities. The Budget and Control Board is entrusted with administration of all revenue carry forward balances in order to provide for sufficient operating balances necessary for maintaining adequate cashflow in delivery and receipt of these goods and services.

The Budget and Control Board shall report to the General Assembly, by November 1, of the current fiscal year, the amount of revenues by activity carried forward into the current fiscal year and the amount of revenues by activity collected in the prior fiscal year.

17.2. (BCB: Debts/Obligations Owed to St. Private Entities or B&C Bd) It is the intent of the General Assembly that any agency of state government should retire in full, all obligations due to state private entities, or the Budget and Control Board, within 120 days of the debt being due. The Budget and Control Board in cooperation with the Comptroller General is directed to review periodically agency performance in this area. If an agency is regularly late in meeting its obligations, the Budget and Control Board may require periodic reports to track the agency performance. With respect to debts owed to the Budget and Control Board, such as outstanding obligations for rent and upfitting, telecommunications services, data processing, installment purchase program, and printing, on June 30 of any fiscal year, the Budget and Control Board is authorized and directed, after discussion in an open meeting, to transfer any funds remaining in the agency accounts to pay these obligations prior to the closing of the books for that fiscal year and prior to carrying any funds forward to the subsequent fiscal year. The provisions herein above shall not apply to the General Assembly. A report of such transfers will be submitted to the House Ways and Means and the Senate Finance Committees no later than November 1, addressing the prior fiscal year.

17C.1. (BCB/DED: BA - Civil Contingent Fund - Disbursements) Warrant requisitions for the disbursement of funds appropriated in this Section shall be approved by the respective division heads. The Civil Contingent Fund, appropriated in Subsection 17C of this Section shall be expended only upon unanimous approval of the State Budget and Control Board, and upon warrant requisitions signed as directed by the State Budget and Control Board, to meet emergency and contingent expense of the State Government. None of the Civil Contingent Fund shall be used to increase the salary of any State employee.

17C.2. (BCB/DED: BA - Civil Contingent Fund - Catawba Indian Suit) Of the amount appropriated for the Civil Contingent Fund, $125,000 shall be available to the counties and municipalities involved in the Catawba Indian suit for legal fees, conditioned upon a 50% local match.

17C.3. (BCB/DED: BA - Authorization to Charge for DP Services) Financial Data Systems, located within the Budget & Control Board's Division of Executive Director is authorized to charge for data processing services rendered to those agencies or programs which have provisions from non-appropriated sources. Such charges may not exceed the cost of the provision of those services and such funds may be carried forward and used for the same purposes.

17C.4. DELETED

17C.5. (BCB/DED: BA - Total Quality Management) It is the intent of the General Assembly to adequately train the State's work force to enable agencies to achieve their missions as they are required to downsize due to decreasing revenues. The Executive Director of the Budget and Control Board will be responsible for coordinating the quality training effort for state government agency heads, managers, and employees for the purpose of strategic planning, leadership skills, team facilitator, supervision and customer service training. All employees initially undergoing Total Quality Management training will receive a common curriculum, to include the philosophy, teamwork training and problem solving techniques of Total Quality Management. As the training functions progress, organizational plans for using the Total Quality Management process will be drawn up and reviewed with agency heads, with action teams subsequently being formed for improvements. Recognition of all progress made will be consistently given. Funds shall be used to identify state agencies that are in direct contact with the public and provide training that will ensure employees courteously and effectively meet taxpayers' needs. The funds provided for quality training shall not be transferred to any other program or used for any other purpose. Funds allocated for this purpose not expended in the prior fiscal year may be carried forward to be expended in the current fiscal year.

17C.6. (BCB/DED: BA - Brandenburg Coordination Committee) Of the $50,000 appropriated in this section for the Brandenburg Coordination Committee, funds are to be spent in support of cultural, educational, agricultural, scientific, governmental or business exchanges and agreements between South Carolina and the sister state of Brandenburg, Germany and related German interests. The Executive Director of the Budget and Control Board will submit an annual report to the Governor, the Chairmen of the Senate Finance Committee and the House Ways & Means Committee detailing such activities.

17C.7. DELETED

17E.1. DELETED

17E.2. (BCB/DO: OGS - Duplicative Energy Studies) In order to avoid duplicative studies, funds shall not be expended by state agencies for studies investigating alternate energy usage or conservation measures without prior approval being given by the Governor's Division of Energy Resources and the Joint Legislative Committee on Energy.

17E.3. (BCB/DO: OGS - Fair Trade Contracts) Prices offered in connection with contracts for purchases made by the State of South Carolina for any county, municipality, independent college, political subdivision, school district or agency of the State of South Carolina shall not be subject to fair trade contracts.

17E.4. (BCB/DO: OGS - Parking - State Facilities Regulations) Parking facilities owned and/or controlled by agencies of the State Government shall be regulated as follows:

(1) The State Budget and Control Board is directed to establish and collect a schedule of charges for the use of the parking facilities in the Capitol Complex and other individually assigned spaces in state-owned parking lots and facilities administered by the Budget and Control Board. Proceeds of these charges, except where the proceeds are pledged to the retirement of indebtedness or to expenses related to the provision of the facilities, must be deposited in the State General Fund. The schedule of charges shall include charges for a fixed number of parking spaces to both the House of Representatives and the Senate in the McEachern Parking Facility in an area adjacent to each respective body's office building, sufficient to provide spaces for all members of the General Assembly and all permanent employees of the Senate and House of Representatives and Joint Legislative Committees as determined by the respective Operations and Management Committees of the body.

(2) Any agency or institution of the State Government owning or controlling parking facilities, excluding the Education Television Commission and the Department of Agriculture when receiving revenues from parking during university football games, may, at its discretion, subject to approval of the Budget and Control Board, charge such rates as it may deem appropriate for the use of such facilities, and shall, except where such proceeds are pledged to the retirement of bonded indebtedness, deposit the proceeds to the credit of the General Fund of the State.

(3) Any unauthorized motor vehicle parked in a reserved space on state-owned or controlled property may be removed and the cost involved in removing and storing such vehicle shall be at the owner's expense.

17E.5. (BCB/DO: OGS - Permanent Improvements - Building Codes) The expenditure of funds, heretofore or hereafter provided, by any State Agency, except the Department of Transportation for permanent improvements as defined in the State Budget, shall be subject to approval and regulations of the State Budget and Control Board. The Board shall have authority to allot to specific projects from funds made available for such purposes, such amounts as are estimated to cover the respective costs of such projects, to declare the completion of any such projects, and to dispose, according to law, of any unexpended balances of allotments, or appropriations, or funds otherwise provided for such projects, upon the completion thereof. The approval of the Budget and Control Board shall not be required for minor construction projects (including renovations and alterations) where the cost does not exceed an amount determined by the Joint Bond Review Committee and the Budget and Control Board.

In all construction, improvement and renovation of State buildings, shall comply with the applicable standards and specifications set forth in each of the following codes: The Standard Building Code, The Standard Existing Building Code, The Standard Gas Code, The Standard Mechanical Code, The Standard Plumbing Code, and The Standard Fire Prevention Code, all as adopted by the Southern Building Code Congress International, Inc.; and the National Electrical Code NFPA 70, The National Electrical Safety Code - ANSI-C2, The National Fire Protection Association Standard - NFPA 58, all with the code editions, revision years and deletions as specified in the Manual For Planning and Execution of State Permanent Improvements. The State Engineer shall determine the enforcement and interpretation of all the aforementioned codes and referenced standards on State buildings. Any interested local officials shall coordinate their comments related to State buildings through the State Engineer and shall neither delay construction nor delay or deny water, sewer, power other utilities, or firefighting services. Agencies may appeal to the Director of Office of General Services regarding the application of these codes to State buildings.

17E.6. (BCB/DO: OGS - Procurement of Art Objects) Before any governmental body, with the exception of the South Carolina Museum Commission, as defined under the South Carolina Consolidated Procurement Code procures any art objects such as paintings, antiques, sculptures, or similar objects above $500, 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.

17E.7. (BCB/DO: OGS - Property Trade of State Owned for Non-State Owned) As part of the approval process relating to trades of state property for non-state property, the Budget and Control Board is authorized to approve the application of any net proceeds resulting from such a transaction to the improvement of the property held by the Board.

17E.8. (BCB/DO: OGS - Real Property - Sale/Leaseback/ Repurchase Revenue Account) In order to ensure the stability of any sale/leaseback and repurchase option agreement entered into by the State for any piece of real property, the Budget and Control Board is directed to establish a separate and distinct account for the deposit of the net proceeds of the sale or net annual charges derived from any such property. Any funds held in such separate and distinct accounts shall only be used for the purpose of repurchasing the property and/or the establishment of a reserve fund as outlined in the contract documents for the property, until such time as the Agreements on the property are fulfilled. It is the intention of the General Assembly to appropriate sufficient funds on an annual basis to enable the Budget and Control Board to meet the required lease payments and other necessary expenditures associated with any sale/leaseback agreement involving real property.

17E.9. (BCB/DO: OGS - Revenue From Rentals of Mansion Complex Facilities) That revenues generated from the rentals of the facilities of the Mansion Complex may be retained and expended for the budgeted operation of the Complex.

17E.10. (BCB/DO: OGS - Surplus Property - Sale of) Unless otherwise provided for by law, the proceeds from the sale of all surplus property owned by governmental bodies of the State as defined in Section 11-35-310 (18) of the 1976 Code, less costs of disposition incurred by the Division of Operations, shall be deposited in the General Fund of the State with the exception that governmental bodies may be given approval in accordance with Budget and Control Board Regulation 19-445.2150 to retain not more than 50% of such funds for the purchase of like items. The 50% restriction shall not apply to real property, donations, and property purchased with non-state appropriated funds. In any instance where an agency can document that federal funds were used in paying any portion of the original price of surplus property, that federal share of the surplus value must be fully returned to the federal program. If there is no federal requirement governing the use of the process of surplus property, then such surplus proceeds must be treated as if it were wholly purchased with General Funds. Unless prohibited by federal law or regulation, the disposition charge must be applied to the federal share of the proceeds of surplus property.

17E.11. (BCB/DO: OGS - Gifts-in-Kind Related to Architectural/Engineering Services & Construction) Governmental bodies may accept gifts-in-kind of architectural/engineering services and items of construction of a value less than $250,000 with the approval of the staff of the Commission on Higher Education, the Director of the Office of General Services, and designated staff of the Joint Bond Review Committee, provided that no such gifts shall be made or accepted if such gifts are offered with the intent of influencing the judgment of any governmental body. No other approvals or procedural requirements, including the provisions of Section 11-35-10, et. seq., may be imposed on the acceptance of such gifts.

*17E.12. (BCB/DO: OGS - Museum Food Service) Except for $20,475 to be paid by the State Museum from FY 93-94 appropriations, the Division of Operations of the Budget and Control Board will be responsible for the rent associated with 4,832 sq. ft. of space designated by the State Museum for a food service facility. Any funds appropriated after FY 92-93 to the State Museum for the leasing of the 4,832 sq. ft. shall be paid to the Division of Operations to offset the cost of the rent to the Division of Operations. In addition, any revenue from the leasing of the space to a food vendor, up to the balance of the cost to the Division of Operations for the lease, shall be paid to the Division of Operations. Furthermore, for FY 94 only, the Division of Operations is prohibited from leasing this space to any entity other than a food service vendor.

*See note at end of act.

17E.13. (BCB/DO: OGS - 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.

17E.14. (BCB/DO: OGS - Reporting of Procurement Data) Each state agency is required to report to the Division of Operations, no later than August 15 of each year, in a format prescribed by the Division, the total dollar volume of business that was contracted either directly or through sub-contractors with certified small, minority and women-owned businesses during the previous fiscal year. The Division of Operations shall provide a copy of the report to the House Ways & Means Committee and the Senate Finance Committee.

17E.15. (BCB/DO: OGS - Energy Conservation Carry Forward) Notwithstanding any other provision of law, pursuant to Section 48-52-630, an agency's savings realized in the prior fiscal year from implementing an energy conservation measure as compared to a baseline energy use certified as priori by the State Energy Office, may be retained and carried forward into the current fiscal year. Such savings, as certified by the State Energy Office, must first be used for debt retirement of capital expenditures, if any, on the energy conservation measure, after which time savings may be used for agency operational purposes and where practical, reinvested into energy conservation areas. The agency must report all actual savings in the energy portion of its annual report to the State Budget and Control Board.

17E.16. (BCB/DO: OGS - Insure State-Owned Vehicles/Accident Liability Regulation) Agencies shall insure State-owned vehicles through the Budget and Control Board or shall absorb the cost of accident repairs within the agency budget. State employees who, while driving State-owned vehicles on official business, are involved in accidents resulting in damages to such vehicles shall not be held liable to the State for the cost of repairs, except in the following cases: (1) If the operator was convicted of driving under the influence of alcohol or illegal drugs at the time of the accident and the Accident Review Board determines that the operator's impaired condition substantially was the cause of the accident, the operator may be assessed up to the full cost of repairs; and (2) In all other cases, the employee operator may be assessed for an amount not to exceed two hundred dollars for each occurrence if he is found to be at fault in the accident after a review of records conducted by a duly appointed Accident Review Board.

Employees subjected to these assessment may appeal such assessment to the following bodies, in the following order:

(1) Agency Accident Review Board;
(2) Agency Executive Director or governing Board or Commission;
(3) State Motor Vehicle Management Council; and
(4) State Budget and Control Board.

17E.17. (BCB/DO: OGS - Fleet Management Program) It is the intent of the General Assembly that the Division of Operations establish a cost allocation plan to recover the cost of operating the comprehensive statewide Fleet Management Program. The Division shall collect, retain and carry forward funds to ensure continuous administration of the program.

17E.18. (BCB/DO: OGS - Surplus Property Exemption) The Division of Operations and law enforcement agencies may retain the proceeds from the sale of surplus property for fleet replacement less the cost of disposition incurred by the Division of Operations.

17E.19. (BCB/DO: OGS - Personal Assignment of State-Owned Vehicles) Only statewide elected officials and agency heads can be provided a state-owned vehicle based solely on their position. Law enforcement officers, as defined by the Agency Head, may be permanently assigned state-owned vehicles by their respective Agency Head. Agency Heads may assign a state-owned vehicle to an employee when the vehicle carries or is equipped with special equipment needed to perform duties directly related to the employee's job, and the employee is either in an emergency response capacity after normal working hours or for logistical reasons it is determined to be in the agency's interest for the vehicle to remain with the employee. No other employee shall be permanently assigned a state-owned vehicle, unless the assignment is cost advantageous to the state under guidelines developed by the State Fleet Manager. Statewide elected officials, Law Enforcement Officers, and those employees who have been assigned vehicles because they are in an emergency response capacity after normal working hours are exempt from reimbursing the State for commuting miles. Other employees operating a permanently assigned vehicle must reimburse the state for commuting between home and work.

17E.20. (BCB/DO: OIR - Sole Authority of Telephone System/Centralized Purchasing) The Budget and Control Board, is authorized to provide centralized purchasing for all state agencies and institutions except as may be exempt by the Board and is authorized to have sole authority to provide local and long distance communication services to be used by state agencies and institutions unless such responsibilities are delegated by the Budget and Control Board.

17E.21. (BCB/DO: OIS - Insurance Benefits - Plan) The Budget and Control Board, by July 1, of the current fiscal year, shall develop and implement a plan increasing the employer contribution rates of the State Retirement Systems to a level adequate to cover the employer's share for the current fiscal year's cost of providing health and dental insurance to retired state and school district employees. The plan must include a method for the distribution of the funds appropriated in Section 17S designated for retiree insurance and must also include a method for allocating to school districts, excluding EIA funding, sufficient general fund monies to offset the additional cost incurred by these entities in their federal and other fund activities as a result of this employer contribution charge.

It is the intent of the General Assembly that the amounts appropriated in this act shall constitute the State's pro rata contributions to these programs except the state shall pay its pro rata share of Health and Dental insurance premiums for retired State and Public School employees for the current fiscal year.

17E.22. (BCB/DO: OIS - Insurance Contracts with Premiums Exceeding $50,000) The Budget and Control Board shall make quarterly payments on all insurance contracts where the annual premium exceeds $50,000. The Board shall undertake such negotiations as are necessary to implement this requirement. Where fees may be incurred for quarterly rather than annual payments, the Budget and Control Board shall determine whether investment income opportunity is greater or less than proposed fees and shall make the decision which best benefits South Carolina.

17E.23. (BCB/DO: OIS - Long Term Care Ins. Premiums Withholding Method) The Budget and Control Board shall devise a method of withholding Long Term Care insurance premiums offered under Section 1-11-440, S.C. Code of Laws for retirees if sufficient enrollment is obtained to make such deduction feasible.

17E.24. (BCB/DO: OIS - IRF Forestry Commission Loan) The Insurance Reserve Fund is authorized to loan the Forestry Commission the amount needed to satisfy the settlement of the overtime compensation claim currently pending, including the related Employer Contribution costs; provided the agency first dedicates all its available financial resources (at the time of settlement) to payment of the settlement.

The loan repayment schedule is to be negotiated between the Forestry Commission and the State Budget and Control Board, and the interest rate must be the same rate established by the State Treasurer. The funds for repayment are authorized to come from any existing agency resources, and must not require any additional State appropriation.

17E.25. (BCB/DO: OIS - Mammogram Certification) For State Health Plan Year 1994 and after that time, the Budget and Control Board under the State Health Plan may not contract with a hospital, physician's office, clinic, or similar facility for the performance of mammograms unless the hospital's mammogram center, physician's office, clinic, or facility has been certified by the American College of Radiology for the procedures or has applied for certification.

17E.26. DELETED

17E.27. (BCB/DO: OLG - Carry Forward - BCB Grant Program & EPA Grant Match Funds) Funds appropriated under Section 17E, Division of Operations, "Aid to Entities": Budget and Control Board Grant Program Funds and EPA Grant Match Funds which are not expended in the prior fiscal year may be carried forward to be expended in the current fiscal year. Of the Grant Funds appropriated under the Division of Operations, $200,000 may be used for operating cost of the Division. Of the Grant Funds appropriated under the Division of Operations, up to $425,000 may be expended for debt service if funds are not made available for such purpose in this act or any act supplemental thereto.

17E.28. (BCB/DO: OLG - Carry Forward - State Water Pollution Control Revolving Fund) If any funds accumulated by the Budget and Control Board, Division of Operations from loan fees are not expended during the preceding fiscal years, such funds may be carried forward and expended for the costs associated with conducting the State Water Pollution Control Revolving Fund.

17E.29. (BCB/DO: OLG - Grants Expenditure Deadline) The funds received from grants from the Division of Operations after July 1, of the current fiscal year, must be expended for the purpose listed in the grant within six months from the date of approval by the Division of Operations, unless an extension is granted by the Division of Operations, or the funds must be returned to the Division of Operations. Failure to expend or return the grant funds within a six-month period or the expenditure of the funds for the purposes not listed in the grants makes the grantee ineligible to receive funds from the Division of Operations until approved by the Budget and Control Board.

17E.30. (BCB/DO: OLG - Maximizing BCB Grant Program Funds) Of the funds appropriated for the Budget and Control Board Grant Program, six million dollars must not be committed, except for emergency requests, until which time the Division of Operations can maximize state funds by matching available federal water and sewer funds.

17E.31. (BCB/DO: OLG - State Water Pollution Control Revolving Fund) In the event that any state funds remain after fully matching federal grants for the State Water Pollution Control Revolving Fund (SRF) under the Clean Water Act, such funds may be deposited into an account to establish a low interest revolving loan program for water facilities. Any such water loan fund shall be conducted according to policies established by the Budget and Control Board and repayments from any loans shall be deposited into the same account and be available for additional loans. Balances shall be carried forward annually and investment income earned on any balance shall be remitted to the General Fund.

17E.32. (BCB/DO: OLG - Community Development Block Grant) The funds appropriated on special line item "CDBG" are to provide funds for meeting federal matching requirements for administrative costs incurred by the State in administering program income funds received from federally funded economic development grants.

17E.33. DELETED

17E.34. DELETED

17E.35. DELETED

17E.36. DELETED

17G.1. (BCB/DBA: OSB - Revenue Certification Requirement) The following requirement applies to the annual appropriation recommendation of the Governor and to the report of the Conference Committee on the annual appropriation bill. Any provision offered for inclusion in the annual general appropriation bill by amendment or otherwise, by the Governor or which increases or decreases the most recent official projection of general fund revenues of the Board of Economic Advisors may not be included in the bill or recommendation unless the revenue impact is certified by the Board of Economic Advisors. Changes to the official general fund revenue estimate as a result of such provisions may not exceed amounts certified by the Board of Economic Advisors. This requirement is in addition to other provisions of law regarding fiscal impact statements.

17G.2. DELETED

17G.3. DELETED

17G.4. (BCB/DBA: OSB - Agencies Affected by Restructuring) The Budget and Control Board is directed to work with affected State agencies in order to phase-in operations of restructured organizations during Fiscal Year 1994-95. Restructured organizations should be operating entirely under the revised structure not later than June 30, 1995. 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 Fiscal Year 1994-95, 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 30, 1994. 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 June 30, 1995.

17G.5. (BCB/DBA: OHR - Compensation - Classified Employees Pay Schedule) The State Budget and Control Board may develop and implement a revised pay schedule for classified positions. The minimum wage shall be no less than the minimum wage established by the Federal Fair Labor Standards Act and that no classified employee be paid less than the minimum of his pay range in conformity with Section 8-11-910.

*17G.6. (BCB/DBA: OHR - Compensation - Salary Increases 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. However, the budget shall include such additional funds in this act or any act supplemental thereto as may be necessary to fully fund such salary increases with respect to state employees who are paid in whole or in part by federal formula funds from the Smith-Lever Act, Evans-Allen, the Hatch Act, Food and Agriculture Act of 1977, and the McIntyre Stennis Act. Provided however, that education and general employees (excluding federal and auxiliary funded employees) of the colleges, universities and technical colleges will be exempted from this ratio requirement.

*See note at end of act.

17G.7. (BCB/DBA: OHR - Compensation - Agency Head Salary) Notwithstanding any other provision of law in the event of an agency head vacancy, the governing board of the agency or the Governor, must have the prior favorable recommendation of the Agency Head Salary Commission to set, discuss or offer a salary for the agency head at a rate that exceeds the minimum of the range established by the Agency Head Salary Commission. The Budget and Control Board shall have final approval authority for agency head salaries. Boards and Commissions of newly created agencies shall not offer 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 for such purpose should come from resources within the agency. The Agency Head Salary Commission shall recommend to the Budget & Control Board salary increases for agency heads. No agency head 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. Funding shall be provided for an amount equivalent to the pay increase for all classified employees. Any remaining increases recommended by the Agency Head Salary Commission shall be funded from the individual agency budget. All increases shall be effective on or after January 1, of the current fiscal year.

17G.8. (BCB/DBA: OHR - Compensation - Reporting of Supplemental Salaries) 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 employee to the Division of Budget and Analyses of the Budget and Control Board. The report must include the amount, source, and any condition of the supplement. Any change in the amount, source, or condition must be reported to the division by the employee.

17G.9. (BCB/DBA: OHR - Employee Suggestion Awards Program) The Budget and Control Board is hereby authorized to extend its suggestion awards program, which grants cash awards to employees based on the merit of suggestions made, to all agencies and institutions of state government desiring participation.

17G.10. (BCB/DBA: OHR - Furlough) Notwithstanding any other provision of law, during any fiscal year when the Board of Economic Advisors officially estimates and the Budget and Control Board formally certifies that revenues will likely result in a deficit in excess of the combined reserves in the Capital Reserve Fund and the General Fund Reserve, the Budget and Control Board may authorize the furlough of employees of State agencies, institutions, or departments. Provided, a furlough may only be authorized by unanimous consent of the Budget and Control Board. Provided further, furloughs shall be for such period or periods of time as deemed necessary by the Budget and Control Board not to exceed ten days in any fiscal year, nor more than two days in any pay period. No furlough shall be authorized prior to January 15th of the fiscal year in which the deficit is projected to occur. A furlough may only be authorized as a last resort alternative to a reduction in force of state employees.

It is the intent of the General Assembly that if and when the Budget and Control Board authorizes a furlough, such furlough shall be to the extent practical statewide in nature and inclusive of all employees regardless of source of funds, place of work, or tenure. The furlough shall include employees in classified positions and unclassified positions as well as agency heads.

All employees who are placed on furlough shall be on leave without pay status, without any break in service, with full continuation of all insurance benefits, and with continuing accumulation of sick and annual leave benefits.

17G.11. (BCB/DBA: OHR - Grade Reallocations/ Reclassifications) It is the intent of the General Assembly that grade reallocations resulting from a pay study of a job class by the Division of Budget and Analyses shall be implemented only at the beginning of a fiscal year so that the required funding may be so reflected in the budget cycle.

A reclassification of a state employee pursuant to the Uniform Classification and Compensation Plan instituted by the employee's agency or the Division of Budget and Analyses of the State Budget and Control Board may take effect only when an agency head certifies to the Division of Budget and Analyses that personal service funding is available to provide for the annualized cost of the reclassification.

17G.12. (BCB/DBA: OHR-Hay Study Contract) The Budget and Control Board shall contract for a study of agency head compensation during the current year if funds are made available for such purpose in this act or any acts supplemental thereto.

17G.13. (BCB/DBA: OHR - Leadership South Carolina) The amount appropriated for Leadership South Carolina under the Division of Budget and Analyses shall be used first for state employees and when funds are available for local government employees shall not exceed 50% per person for the total cost of participation. These grants shall not restrict employers from providing funds to cover the remaining costs of the program.

17G.14. (BCB/DBA: OHR - S.C. Cooperative Internal Merit System) All funds received by the South Carolina Cooperative Interagency Merit System which exceed the total amount of expenditures for operating expenses within a fiscal year shall be returned to the member agencies on a prorated basis.

17G.15. (BCB/DBA: OHR - Travel - Interviewee Reimbursement) Reimbursement of interviewee travel expenses, whether paid from State-appropriated, federal, or other funds, shall be allowed in accordance with the following provisions:

A. Travel expenses, within the limitations applicable to State employee, may be paid to any individual being considered for employment by any State government agency if the head of the interviewing agency makes a specific, formal determination in each case: 1) that the significance of the position to be filled is such that it warrants incurring such costs; 2) that such costs would not exceed the expense of conducting the interview at the interviewee's home area or elsewhere; and 3) that qualified candidates residing within South Carolina were considered before candidates from other states were sought.

B. In any situation where the position to be filled is that of an agency head, the referenced determination shall be made by the Chairman of the Board or Commission of the interviewing agency.

17G.16. (BCB/DBA: OHR - Vacancy Report/Appropriations for Compensation/Quarterly Allocations) In providing in this Act for compensation of state employees, the General Assembly recognizes that a continuing minimum number of position vacancies among state agencies is inevitable and that the full amount appropriated for employee compensation will not likely be required. In order to provide for efficient administration and use of such appropriations, the Budget and Control Board is authorized to require such periodic reports from agencies as will reflect actual compensation requirements during the course of the year and to allot to agencies on a quarterly basis such amounts of appropriations for compensation as may be necessary to meet actual requirements only.

17G.17. DELETED

17G.18. DELETED

17G.19. (BCB/DBA: OHR - Employment Rights Affected by Restructuring) Provided, that all State employees affected by the restructuring of State agencies shall retain all present employment rights. Employees who are transferred or reassigned as a result of restructuring who had attained permanent status as provided in the State Employee Grievance Procedure Act of 1982, as amended, shall retain such rights. Employees in positions not covered by the State Employee Grievance Procedure Act of 1982, as amended, who would occupy positions subject to the Act after restructuring and who have more than six months service as a State employee shall have grievance rights under the Act.

17G.20. (BCB/DBA: OHR - Agency Head Salaries Affected by Restructuring) The salaries of Agency Directors affected by restructuring will be reviewed by the Division of Budget and Analyses of the Budget and Control Board. The review by the Division of Budget and Analyses will be submitted to the Agency Head Salary Commission and the Budget and Control Board. The Agency Head Salary Commission shall recommend to the Budget and Control Board any salary adjustments deemed appropriate for approval.

17G.21. DELETED

17G.22. (BCB/DBA: OHR - Employee Recognition) State agencies and institutions shall be allowed to spend public funds on employee plaques, certificates and other events, including meals and similar types of recognition to reward innovations or improvements by individual employees or employee teams that enhance the quality of work or productivity or as a part of employee development programs of their agency or institution.

17G.23. DELETED

17G.24. DELETED

17G.25. (BCB/DBA: OHR - Compensation - BPI, Compression & Merit) The amounts appropriated to the Budget & Control Board for Employee Pay Increase must be allocated by the Board to various state agencies to provide pay increases for employees in accordance with the following plan:

A. With respect to classified employees:

1. Effective on the first pay date which occurs on or after July 1 of the current fiscal year, the compensation of all classified employees shall be increased by 2%. This increase shall not increase the minimum of the pay grade.

2. In addition, effective on the first pay date which occurs on or after July 1 of the current fiscal year, an average 1.06% one-time base pay increase for compression relief shall be awarded to all classified employees with permanent status in the following percentage amounts:

(a) Employees with less than one year of service in their current job or grade as of July 1, 1994 will receive a 0.5% increase.

(b) Employees with at least one and less than three years of service in their current job or grade as of July 1, 1994 will receive a 1.0% increase.

(c) Employees with at least three and less than five years of service in their current job or grade as of July 1, 1994 will receive a 1.25% increase.

(d) Employees with five or more years of service in their current job or grade as of July 1, 1994 will receive a 1.5% increase.

(e) Such increases shall be limited to the maximum of an employee's existing salary range.

(f) Employees in trainee or probationary status as of July 1, 1994 will not be eligible for this portion of the pay increase.

(g) Employees must also have received at least a "meets" performance rating on their most recent performance evaluation to be eligible for this portion of the pay increase.

3. The Budget and Control Board shall distribute the funds appropriated for merit increments so as to provide funds for an average 1.3% merit increment increase for classified employees. The effective date of this increase is on the first pay date on or after October 1, of the current fiscal year. The amount of the merit increment for each employee shall be based on the most recent Employee Performance Management System (EPMS) evaluation and shall be determined based on a plan established by the agency director. Employees in trainee or probationary status as of October 1, 1994 will not be eligible for this portion of the pay increase. B. With respect to unclassified employees or unclassified executive compensation system employees not elsewhere covered in this Act, effective on the first pay date which occurs on or after August 16, of the current fiscal year, each agency is authorized to allot the total funds for compensation increases among individual employees without uniformity. The funds provided for compensation increases for any employees subject to the provisions of this paragraph are based on an annual average 4.36% increase. All of the salaries are subject to the provisions of Section 129.29 of Part I of this Act and Office of Human Resources approval must be obtained before any employees subject to the provisions of this paragraph may be granted an annual pay increase in excess of the guidelines established by the Budget & Control Board. Any employee subject to the provisions of this paragraph shall not be eligible for compensation increases provided in paragraphs A and C.

C. With respect to local health care providers, the funds provided for compensation increases shall be based on an annual average 4.36% increase, effective on the first pay period on or after August 16 of the current fiscal year.

17G.26. (BCB/DBA: OHR - Compensation - Increase Eligibility) Statewide elected officials, constitutional officers, temporary positions, whether full or part-time, and agency heads, shall not be eligible for any compensation increases as provided in this Act unless otherwise specified in this Act.

17G.27. (BCB/DBA: ORS - Carry Forward - Contract for Goods & Services) If any funds accumulated by the Budget and Control Board's Division of Budget and Analyses, under contract for the provision of goods and services not covered by the Division'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.

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17G.29. (BCB/DBA: ORS - Computer Infrastructure Study) The Division of Budget and Analyses is authorized to complete Phase II of the Computer Infrastructure Study. The cost of the study will be absorbed by those agencies deriving cost savings from the implementation of original Computer Infrastructure Study conducted by the Coordinating Council for Economic Development. The cost of the study shall not exceed $180,000.

17G.30. (BCB/DBA: ORS - Information Technology - Agency Equipment Inventory) Any state agency, institution or commission that owns, leases, or rents information technology equipment is required to maintain accurate inventory records and submit an annual inventory report in a format to be prescribed by the Budget and Control Board through the information technology planning process of the Division of Budget and Analyses. The annual report is to be submitted to the Information Technology Policy and Management Office of the Division of Budget and Analyses on the second Tuesday of each January. In addition, each agency must be prepared to submit, on thirty (30) days notice, an ad hoc request in the same format as that prescribed for the annual report showing the agency's then current information technology inventory status.

17G.31. (BCB/DBA: ORS - Information Technology - Surplus Equipment Disposal) To insure State information technology, determined by it's owner to be not needed, or to be declared surplus, is offered to those State agencies who have identified such needs through the State Information Technology Planning Process, the State Information Technology Procurement Office will coordinate the sale, trade, or disposal of such through the Division of Budget and Analyses' Information Technology Planning Office.

17G.32. (BCB/DBA: ORS - Information Technology - Review of Requests) To ensure that financing of state information technology procurements is done in accordance with the priorities established by the Budget and Control Board through the information technology planning process of the Division of Budget and Analyses, all financing of information technology by the Division of Operations shall adhere to budget priorities established for that fiscal year. Any information technology request outside the annual prioritization process must be approved by the Office of Information Technology Policy and Management with existing funds certification by the Division of Budget and Analyses. The Office of Information Technology Policy and Management must review any such financing requests with the House Ways and Means and Senate Finance Committee chairmen.

17G.33. (BCB/DBA: ORS - Statement of Charges for Computer Services) Any state agency providing computer or other services to any other agency, agencies, or political subdivisions shall submit in advance to the Budget & Control Board, Office of Information Technology Policy & Management a detailed statement of charges and costs to be associated with the provisions of such services.

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17G.35. (BCB/DBA: BEA - Membership, Compensation, Duties) Notwithstanding the provisions of 11-9-820 of the 1976 Code, the Board of Economic Advisors shall consist of the following members:

(1) one member, appointed by the Governor, who shall serve as chairman and shall receive the sum of $10,000 annually;

(2) one member appointed by the Chairman of the Senate Finance Committee who shall receive the sum of $8,000 annually;

(3) One member appointed by the Chairman of the Ways and Means Committee of the House of Representatives who shall receive the sum of $8,000 annually;

(4) Chairman of the Department of Revenue and Taxation, ex officio with no voting rights.

The appointed members shall serve at the pleasure of their appointors. The Chairman of the Board of Economic Advisors shall report directly to the Budget and Control Board to establish policy governing economic trend analysis. The Board of Economic Advisors shall provide for its staffing and administrative support from funds appropriated by the General Assembly.

The Executive Director of the Budget and Control Board shall assist the Governor, Chairman of the Board of Economic Advisors, Chairman of the Senate Finance Committee, and Chairman of the Ways and Means Committee of the House of Representatives in providing an effective system for compiling and maintaining current and reliable economic data. The Board of Economic Advisors is considered a public body under the provisions of Section 30-4-20(a) of the 1976 Code. The Board of Economic Advisors may establish an advisory board to assist in carrying out its duties and responsibilities. All state agencies, departments, institutions and divisions shall provide such information and data as the board may require.

17G.36. (BCB/DBA: BEA - Mid-Year Budget Reductions & Restricting the Rate of Expenditures) Any appropriations made herein or by special act now or hereafter, are hereby declared to be maximum, conditional and proportionate, the purpose being to authorize expenditures not to exceed the amounts named herein, if necessary, but only in the event the aggregate revenues available during the period for which the appropriations are made are sufficient to pay them in full. The State Budget and Control Board is directed to survey the progress of the collection of revenue and the expenditure of funds by all agencies, departments and institutions. If the Budget and Control Board determines that a year-end aggregate deficit may occur by virtue of a projected shortfall fall in anticipated revenues, it shall utilize such funds as may be available and required to be used to avoid a year end deficit and thereafter take such action as necessary to restrict the rate of expenditure of all agencies consistent with the provisions of this section. No institution, activity, program, item, special appropriation, or allocation for which the General Assembly has provided funding in any part of this Act shall be discontinued, deleted, or deferred by the Budget and Control Board. Any reduction of rate of expenditure by the Board, under authority of this Act, shall be applied as uniformly as may be practicable except that no reduction shall be applied to funds encumbered by a written contract with an agency not connected with the State Government. No such reduction shall be ordered by the State Budget and Control Board while the General Assembly is in session without first reporting such necessity to the General Assembly and the General Assembly has taken no action to prevent the reduction within five statewide session days of formal written notification.

As far as practicable all departments, institutions, and agencies of the State are hereby directed to budget and allocate appropriations as quarterly allocation so as to provide for operation on uniform standards throughout the fiscal year and in order to avoid an operating deficit for the fiscal year. It should be recognized that academic year calendars of state institutions will affect the uniformity of the receipt and distribution of funds during the years. The Comptroller General or the Office of State Budget shall make such reports to the Budget and Control Board as they deem advisable on any agency which is expending authorized appropriations at a rate which predicts or projects a general fund deficit for the agency. The Budget and Control Board is authorized and directed to require any such agency, institutions or department to file a quarterly allocations plan and is further authorized to restrict the rate of expenditures of the agency, institution or department if the Board determines that a deficit may occur. It is the responsibility of any such agency to develop a plan, in consultation with the Budget and Control Board, that eliminates or reduces a deficit. Should the Budget and Control Board make a finding that the cause of and likelihood of a deficit is unavoidable due to factors which are wholly outside of an agency's control, then the Board may determine that the recognition of an agency deficit is appropriate and shall notify the General Assembly of such action or the presiding officer of the House and Senate if the General Assembly is not in session. Upon receipt of such notification from the Budget and Control Board, the General Assembly may authorize supplemental appropriations from any surplus revenues which existed at the close of the previous fiscal year. If the General Assembly fails to take action, then the finding of the Budget and Control Board shall stand, and the actual deficit at close of the fiscal year shall be reduced as necessary from surplus revenues or surplus funds available at the close of the fiscal year in which the deficit occurs and from funds available in the Capital Reserve Fund and General Reserve Fund, as required by the Constitution. If the Budget and Control Board finds that the likelihood and cause of a deficit is the result of agency management, then the bond of State officials responsible for management of the agency involved shall be held liable therefor and the Board shall notify the Agency Head Salary Commission of such finding. In the case of a finding that a projected deficit is the result of the management of the agency, the Budget and Control Board shall take immediate steps to curtail agency expenditures in such a manner so as to bring expenditures in line with authorized appropriations and avoid a year end operating deficit.

17G.37. DELETED

17G.38. DELETED

17G.39. DELETED

17G.40. DELETED

17G.41. DELETED

17G.42. (BCB/DBA: OHR - Compensation - Other Chief Executive Officers Increases) Agency chief executive officers not reviewed by the Agency Head Salary Commission shall receive an annual increase of 4.36% effective on the first pay date which occurs on or after August 16, of the current fiscal year, unless otherwise provided in this Act.

17G.43. (BCB/DBA: OHR - Compensation - Judicial Officers Increases) The Chief Justice and other judicial officers as prescribed by law shall receive an annual increase of 4.36% effective on the first pay date occurring on or after August 16, of the current fiscal year.

17P.1. (BCB/AUD: Access of Records) Notwithstanding any other provision of law, for the purposes of carrying out his duties, the State Auditor and his assistants or designees shall have access to all records and facilities of every state agency during normal operating hours. Furthermore, the State Auditor and his assistants or designees shall have access to all relevant records and facilities of any private organization which is appropriated state monies, relating to the management and expenditures of such funds, during the organization's normal operating hours. In the performance of his official duties, the State Auditor and his assistants or designees are subject to the statutory provisions and penalties regarding the confidentiality of records of the respective agency, or organization, under review. All audit working papers and memoranda of the State Auditor, with the exception of final audit reports, are confidential and not subject to public disclosure.

17P.2. (BCB/AUD: Audit Timeframes) Notwithstanding any other provision of law, the State Auditor may examine less often than annually those agencies, departments, commissions and divisions whose total funding from any source is less than $500,000, provided that every such agency, department, commission or division shall be examined no less often than every third year. The State Auditor shall annually report to the Budget and Control Board a plan to comply with this provision.

17P.3. (BCB/AUD: Contracts for State Audits) In the event qualified personnel cannot be hired during the current fiscal year, any unused personal service funds in Subsection 17P, may be used to contract private firms to perform audits as prescribed by the State Auditor.

17P.4. (BCB/AUD: Fraud Hot Line) The State Auditor is directed to maintain a Fraud Hot Line, and provide statewide toll free telephone service for use by citizens of this State to report incidences of waste, fraud, misuse, and abuse of state funds. The State Auditor is further directed to advertise the Fraud Hot Line in an appropriate manner.

17P.5. (BCB/AUD: Medical Assistance Audit) The Department of Health and Human Services shall remit to the General Fund an amount representing fifty percent (allowable Federal Financial Participation) of the cost of the Medical Assistance Audit as established in the State Auditor's Office of the Budget and Control Board Section 17P such amount to also include appropriated salary adjustments and employer contributions allowable to this program. Such remittance to the General Fund shall be made monthly and based on invoices as provided by the State Auditor's Office of the Budget and Control Board.

17P.6. DELETED

17P.7. DELETED

17P.8. DELETED

17R.1. (BCB/RET: Authorization to Pay For Data Processing Services) The Retirement System is authorized to pay the Budget & Control Board - Division of Executive Director from funds appropriated to contractual services a charge for data processing services. The cost will be determined on an hourly basis and shall not exceed the sum of $600,000.

17R.2. (BCB/RET: Police Retirement System Benefits) No retired person under the Police Insurance and Annuity Fund shall receive less than one hundred dollars monthly.

17R.3. (BCB/RET: Retirement Benefits Limits Increase) Notwithstanding any other provision of law, except as provided below, retirees and beneficiaries under the State Retirement Systems receiving Medicaid (Title XIX) sponsored nursing home care as of June 30, of the prior fiscal year shall receive no increase in retirement benefits during the current fiscal year. However, a retired employee affected by the above prohibition may receive the scheduled increase if he is discharged from the nursing home and does not require admission to a hospital or nursing home within six months. The Department of Health & Human Services, the Department of Social Services, and the State Retirement Systems must share the information needed to implement this proviso.

17R.4. (BCB/RET: Retirement Contributions - Monthly Transfers) Notwithstanding the amounts appropriated in Subsection 17S of this Section as "State Employer Contributions," the State Treasurer and Comptroller General are hereby authorized and directed to transfer from the General Fund of the State to the proper Retirement System Accounts, month by month, during the current fiscal year, such funds as are necessary to comply with the terms of the Retirement Act as amended, with respect to contributions by the State of South Carolina to the Retirement System.

17R.5. (BCB/RET: Temporary Scientific Consultative Employment) Any teacher or employee especially skilled in scientific knowledge and attainment may be temporarily employed by any part of the government or any agency thereof in a consultative capacity on a per diem compensation without such temporary consultative employment in any way affecting, reducing or canceling his retirement benefits but such temporary consultative employment shall not exceed six months in any one year.

17R.6. DELETED

17R.7. (BCB/RET: Carry Forward for Management Study) Unexpended funds from the prior fiscal year in the amount of $100,000 may be carried forward and expended in the current fiscal year for the purpose of conducting a management study of the Division.

17R.8. (BCB/RET: SCRS - Automation Design Phase-In) The South Carolina Retirement System is authorized to spend up to $2,480,760 during the current fiscal year from system assets to implement the first phase of an automation design as recommended in a study by Price Waterhouse.

17R.9. DELETED

17S.1. (BCB/EB: Benefits - Proportionate Payment) It is the intent of the General Assembly that any agency of the State Government whose operations are covered by funds from other than General Fund Appropriations shall pay from such other sources a proportionate share of the employer costs of retirement, social security, workmen's compensation insurance, unemployment compensation insurance, health and other insurance for active and retired employees, and any other employer contribution provided by the State for the agency's employees.

17S.2. (BCB/EB: Unemployment Compensation Account) Unemployment Compensation premiums collected from state agencies will be deposited into a separate account and used to pay Unemployment Compensation benefits to eligible employees of the State. Premiums will be based on experience ratings provided by private consultants and the Budget and Control Board. The Unemployment Compensation Funds' contribution level must be reviewed no less than biennially to ensure that premiums are commensurate with the cost of operating the Unemployment Compensation Fund. All interest earned on this account must be retained by the Unemployment Compensation Fund and used to offset costs.

17S.3. (BCB/EB: Unemployment Compensation Administration) The Budget and Control Board may hire consultants or a management firm to assist in the administration of the unemployment compensation program for state employees and for that purpose may use funds appropriated or otherwise made available for unemployment payments. The Budget and Control Board is authorized to make such transfers as are necessary to accomplish this purpose. The Budget and Control Board shall report annually to the General Assembly in writing the complete name, address and amounts paid to any such consultants or management firm.

17S.4. (BCB/EB: Unemployment Compensation Insurance Claims) Notwithstanding the amounts appropriated in Subsection 17S of this Section as "Unemployment Compensation Insurance" to cover unemployment benefit claims paid to employees of the State Government who are entitled under Federal Law, the State Treasurer and the Comptroller General are hereby authorized and directed to pay from the General Fund of the State to the South Carolina Employment Security Commission such funds as are necessary to cover actual benefit claims paid during the current fiscal year which exceed the amounts paid in for this purpose by the various agencies, departments and institutions subject to unemployment compensation claims. The Employment Security Commission shall certify quarterly to the Budget and Control Board the State's liability for such benefit claims actually paid to claimants who were employees of the State of South Carolina and entitled under Federal law. The amount so certified shall be remitted to the Employment Security Commission.

17S.5. (BCB/EB: Workers' Compensation Insurance Claims) Notwithstanding the amounts appropriated in Subsection 17S of this Section as "Workers' Compensation Insurance" to cover Workers' Compensation benefit claims paid to employees of the State Government who are entitled under State Law, the State Treasurer and the Comptroller General are hereby authorized and directed to pay from the General Fund of the State to the State Accident Fund such funds as are necessary to cover actual benefit claims paid and expenses relating to the operations of the agency during the current fiscal year which exceed the amounts paid in for this purpose by the various agencies, departments, and institutions. The State Accident Fund shall certify quarterly to the Budget and Control Board the State's liability for such benefit claims actually paid to claimants who are employees of the State of South Carolina and entitled under State Law. The amount so certified shall be remitted to the State Accident Fund.

17T.1. (BCB/CRF: Deficit Projected - Use of CRF) If the Board of Economic Advisors revenue forecast to the Budget and Control Board at any time during the current fiscal year projects that revenues for the current fiscal year will be less than appropriated expenditures for this year, the Budget and Control Board in mandating necessary cuts during the current fiscal year to eliminate the projected deficit must first reduce to the extent necessary the appropriation herein contained to the Capital Reserve Fund, prior to mandating any cuts in operating appropriations.

18A.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.

18A.2. (CHE: Desegregation Activities) Higher Education institutions shall continue to support and fund desegregation activities within the allocations made to each agency.

18A.3. (CHE: Grants for Programs in Other States) Of the funds appropriated herein, not more than $25,000 may be used to make grants to South Carolina residents enrolled in an accredited institution outside the State in a program (a) not offered in South Carolina, or (b) a program which differs significantly from a program offered in South Carolina as determined by the Commission on Higher Education. The amount awarded to any such student must be made directly to the institution for the account of the grantee.

18A.4. (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.

18A.5. (CHE: Real Property Disposal) Before any local area higher education commission may dispose of any real property, the approval of the Budget and Control Board must be obtained.

18A.6. (CHE: Councils Committees, Etc., Representation) Each four-year campus of each state-supported senior college and university shall have the same representation on all formal and informal councils, advisory groups, committees, and task forces of the commission, not including the formula advisory committee, as the independent four-year colleges. Representation on the Formula Advisory Committee shall include from the S.C. Legislature the following voting members: two members of the Senate Finance Committee and two members of the House Ways and Means Committee to be appointed by the respective chairman.

18A.7. (CHE: Access & Equity Programs) Of the funds appropriated herein for Desegregation Programs, the Commission on Higher Education shall distribute at least $116,233 to South Carolina State University, $29,036 to Denmark Technical College, and $290,714 to the Access and Equity Program. With the funds appropriated herein for formula funding increases, 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.

18A.8. (CHE: Deadline for Formula Changes) The allocations made for the immediate fiscal year following March 1 of any year must not be adjusted due to any change in the formula and any change in the input data into the formula after March 1 of the year. Any changes in allocation due to formula changes must be held in abeyance until the next year's allocation as required herein. By March 1, the Commission on Higher Education shall submit the final formula and the input data into the formula to the Senate Finance Committee, the House Ways and Means Committee, the Senate Education Committee, and the House Education and Public Works Committee.

18A.9. (CHE: Reciprocal Tuition) The University of South Carolina's Aiken Campus may offer in-state tuition to any student whose legal residence is in the Richmond/Columbia County area of the neighboring state of Georgia as long as the Georgia Board of Regents continues its Georgia Tuition Program by which in-state tuition is offered to students residing in the Aiken/Edgefield County Area of the State of South Carolina.

18A.10. (CHE: Penn Center) Of the funds appropriated to Higher Education formula, $99,000 shall be allocated to the University of South Carolina - Beaufort for the Penn Center Project. The funds allocated shall not be used for any other purposes and shall not be reduced due to budget reductions.

18A.11. (CHE: Midlands Tec Property Acquisition) Before disposal of the property on which the S.C. Fire Academy currently resides, Midlands Technical College must first be given the option of acquiring this property.

18A.12. (CHE: CHE Carry Forward) The Commission on Higher Education may carry forward into the current fiscal year any unexpended general funds from the prior fiscal year to be used only for the Access and Equity Program.

18A.13. (CHE: Southeastern Manufacturing Technology Center) The South Carolina Commission on Higher Education shall review annually the activities of the Southeastern Manufacturing Technology Center and make a budget recommendation to the General Assembly. The funds appropriated to the University of South Carolina - Columbia for the Southeastern Manufacturing Technology Center may not be used for any other purpose.

18A.14. (CHE: Greenville Higher Education Center Rent) Of the funds appropriated to higher education, $337,694 will be allocated to Greenville Technical College to pay the annual rent for the Greenville Higher Education Center.

18A.15. (CHE: Property Disposal) The governing body for each technical college, public college and university shall review the real property titled in the name of its institution to determine if such property is excess to the institution's anticipated needs and is available for disposal. All real properties determined to be excess may be disposed of with the approval of the Budget and Control Board. The proceeds of such sales are to be disposed of as follows: If the property was acquired as a gift, through tuition student fees, county funds, or earned income, the proceeds may be retained by the selling institution for use in accord with established needs. The proceeds acquired from the sale of real property acquired through unique State appropriations, State Capital Improvement Bonds, or formula funds are to revert to the State's General Fund. The responsibility for providing any necessary documentation including but not limited to documenting the fund source, of any real property proposed for sale rests with each respective institution.

18A.16. (CHE: Out-of-State Tuition Subsidy) Any funds appropriated in excess of Fiscal Year 1993-94 total appropriation must be allocated to the institutions for the funding of the formula for in-state students only.

18A.17. (CHE: SREB Funding) Funds appropriated for SREB contracts and dues may not be transferred or reduced.

18A.18. (CHE: Single-Gender Institutions) In considering the comprehensive funding needs of the various institutions of higher learning, the General Assembly has taken cognizance of the decisions of federal courts in various jurisdictions which have held that single-gender institutions of higher learning provide valuable and unique educational opportunities and are constitutionally permissible based on legitimate public policy considerations which justify single-gender education. Studies conducted by several scholars have concluded that for a variety of reasons single-gender institutions have advantages over coeducational institutions in numerous areas, and the data developed suggests that the differences between a single-gender student population and a coeducational one justify a state's offering single-gender education. A state nevertheless must appropriate its available funds so as to provide constitutionally permissible single-gender opportunities in higher education based on public policy considerations governing the expenditure of funds in support of higher education which justify single-gender classifications as being in the best interests of the providing state. The General Assembly, by this proviso, declares and stipulates that the public policy considerations and state interests of South Carolina in establishing, supporting, and providing for single-gender institutions of higher learning are as follows:

A. Policy of Diversity.

South Carolina believes that its institutions of higher learning should be diverse as to size, competitiveness, program emphasis, student population, and location so as to provide students with a variety of academic opportunities and experiences. In compliance with this policy of diversity, South Carolina has established a variety of diverse educational post-secondary institutions ranging from small colleges to large regional universities, from liberal arts programs to specific research-based programs, from two-year institutions to four-year institutions with no graduate programs and to four-year institutions with comprehensive graduate and professional schools. In this contest, a policy of diversity should include places for single-gender institutions within the overall higher education system of this State. The single-gender institutions this State has supported over the years have been as a result of the legitimate state interest and desire for diversity in its educational institutions, and a belief that a diverse state program that includes both single-gender programs and coeducational programs better meets the individual needs of students than does a program or policy that requires all students, without regard to individual needs, to attend coeducational colleges.

B. Policy of Meeting Need and Demand.

A need for single-gender educational programs exists in South Carolina in the opinion of its citizens, and a public demand for them continues. The citizens of South Carolina want these programs and the public interest is well served by them. A tremendous demand exists now and has historically existed for the type of single-gender opportunities the State has offered. It may be true that this demand is somewhat unique to South Carolina and other similar states and does not necessarily exist throughout the country but, nevertheless, where sufficient demand has existed for particular single-gender programs of either gender thereby justifying the expenditure of public funds to support such programs, the State of South Carolina has supported such programs and has a valid state interest in doing so. The current single-gender situations in South Carolina are popular, fully-subscribed, and flourishing and clearly the State has a legitimate public policy interest in offering and providing the types of educational experiences, including single-gender ones, that its taxpayers and citizens desire and support. In addition, where a single-gender institution produces graduates of a particular discipline, training, or expertise, and the record shows that this type of training could not be as successfully developed at a coeducational institution, a legitimate and important state interest is served if the State through its agencies and programs or the nation through its agencies and programs utilizes these graduates for compelling state or national needs.

C. Policy of Autonomy.

In the system of higher education in place in South Carolina, each institution of higher learning is governed by a board of trustees which governs the institution subject to the general law and in conjunction with the Commission on Higher Education. The General Assembly has directed the Commission on Higher Education and the state's institutions of higher learning to seek to create an environment in which each institution can pursue its own mission within the broader statewide framework.

The missions of South Carolina's sixty-two public and independent post-secondary institutions vary widely. Research universities offer degree programs through the doctoral level and professional programs consistent with their respective missions. In addition, their missions emphasize funded research and public service activities that complement academic programs. Within the context of their variety of roles and missions, senior colleges offer a broad range of degree programs including graduate programs at the master's degree level in selected fields as well as public service and research programs. This comprehensive system as a matter of public policy should include an institution's right to choose to offer a single-gender program if sufficient demand for such a program exists and if the program fits within the broad framework of the overall state educational system.

The General Assembly as part of its stated public policy of allowing each institution the autonomy within certain guidelines to develop individualized mission statements and programs has therefore determined that it is consistent with its stated policy of institutional autonomy for an institution to offer a single-gender opportunity accomplished through the enactment of such vehicles as specific admission requirements based on gender or other similar requirements.

D. Policy of Economy of Resources.

The resources of the State of South Carolina available for higher education are becoming more and more scarce, and it is mandatory and a compelling public policy and state interest that the available resources and funding for each institution of higher learning be used in the most efficient and effective manner possible.

Studies have shown that single-gender programs provide a diversity of choice for the individual and varying needs of students in the most efficient, economical, and prudent manner possible and with the maximum utilization of the resources and assets of the State. This is true because single-gender programs avoid the duplication and additional expense that would be incurred if an attempt was made to offer the unique characteristics of a single-gender program at a coeducational institution. A single-gender institution can deliver some specific programs including those with holistic or adversarial characteristics at less cost than can a coeducational institution and the State has a legitimate public policy interest in providing these types of programs at the least possible cost. Also, consistent with its policy of providing single-gender educational opportunities for the reasons enumerated herein, the State of South Carolina has found that the physical plant of a single-gender institution must have certain characteristics different from those of a coeducational institution for the purpose of ensuring privacy, safety, and for other such considerations. To attempt to construct or adapt the physical plant of a single-gender institution for the purpose of making it suitable for coeducation would be prohibitively expensive.

Consequently, given the fiscal situation in South Carolina and given the competing demands on its scarce resources, it is in the best interest of the State and a prudent public policy for single-gender institutions to be part of this state's higher education system so that unique programs may be offered to interested students in the most economical and efficient manner possible without unnecessary duplication and additional expense.

E. Policy of Choice.

Single-gender institutions and their programs provide a freedom of choice to students and their families, and the General Assembly believes as a matter of public policy that this is a freedom for individual choice that does not need to be destroyed. Ample choices and opportunities for college educations in mixed-gender coeducational environments exist in South Carolina and in other states and those individuals desiring a single-gender choice should also have the opportunity to make such a choice. Single-gender institutions are not inherently unconstitutional or unlawful, and the General Assembly believes that as a matter of public policy it has a duty to offer its citizens the widest range of educational opportunities it can offer in the manner allowed by law, including single-gender opportunities, so that interested students are free to choose an institution which, due to its distinctive educational methods, is not diminished or impaired as a result of a coeducational requirement; and

For the reasons and policies above provided, South Carolina has historically supported and continues to support single-gender educational institutions as a matter of public policy based on legitimate state interests where sufficient demand has existed for particular single-gender programs thereby justifying the expenditure of public funds to support such programs.

Presently in South Carolina single-gender educational opportunities exist for men at The Citadel, but do not exist for women in all areas and the members of the General Assembly, by this proviso, express their belief that it is appropriate for this State to begin the process of providing single-gender educational opportunities for women.

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18A.21. (CHE: Out-Of-State Tuition Subsidy Reduction) State-supported colleges and universities, including technical colleges, shall not increase the tuition and fees charged to in-state undergraduate students until the institutions recapture and maintain one hundred percent of the total education and general cost for out-of-state undergraduate students. Beginning July 1, 1994, the Commission on Higher Education shall reduce the subsidy for out-of-state undergraduate students by five percent each year until the state subsidy is at twenty-five percent of the total education and general cost. At the end of these periods, the state subsidy for such undergraduate students shall be twenty-five percent of the total education and general cost. However, for Fiscal Year 1994-95, this reduction does not take effect until recurring and nonrecurring funds in excess of $567,386,486 have been appropriated for the higher education formula.

Should there be any in-state undergraduate tuition increase in violation of this section, the appropriations in this act to that institution shall be reduced by the amount generated by that increase.

18B.1. (HETG: Disbursal of Grant Funds/Interest Earnings) South Carolina Tuition Grants Program funds shall be disbursed to eligible students on a semester-by-semester basis. Interest accrued on the balance of undisbursed tuition grants programs funds on deposit with the State Treasurer's Office from September 15 through December 31 shall be calculated by the State Treasurer's Office and transferred within 30 days to the South Carolina Tuition Grants Program to be awarded as tuition grants to eligible students.

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18K.1. (USC: Palmetto Poison Control Center) Of the funds appropriated or authorized herein, the University of South Carolina shall expend at least $150,000 on the Palmetto Poison Control Center.

18K.2. (USC: Public Service Activities) Of funds appropriated to the University of South Carolina in Section 18KA for public service activities, $25,000 shall be provided for the continuing operation of the Gerontology Project, $90,624 shall be provided for the Law Enforcement Census and Annual Law Enforcement Report which is to be prepared by the Office of Agency Research and Service, College of Criminal Justice, and $20,000 for the Old Fort Congaree Project.

18K.3. (USC: Confederate Relic Room Rent) Rent charged by the University of South Carolina to the Confederate Relic Room, for the use of space occupied as of June 30, 1992, shall not be increased above the 1991-92 level.

18K.4. (USC: Child Development Centers - Indirect Cost Partial Waiver) The University of South Carolina, Columbia, Lancaster, Spartanburg, and Union Campuses shall be allowed to apply a 5% indirect cost rate for their four early childhood education centers supported by the SC Health and Human Services Block Grant for FY 93-94.

18K.5. (USC: Indirect Cost Recovery Waiver for Summer Food Service Program) The University of South Carolina is granted partial waiver of the remittance of indirect cost recoveries for the Summer Food Service Program supported by the Federal Department of Agriculture through the Department of Social Services. The waiver may not exceed the amount of direct administrative cost for the program.

18M.1. (MUSC: Family Practice Residency System) Statewide family practice residency system funds appropriated for faculty salaries, teaching services, and consultant fees may only be expended when the above activities are accomplished for educational purposes in the family practice centers. Authorization is hereby granted to the Medical University of South Carolina to expend such funds in hospital-based clinical settings apart from the consortium hospital, when such settings are determined by the President of the Medical University of South Carolina with approval of the Board of the Medical University to provide appropriate educational experience and opportunities to the family practice residents and these funds shall not be transferred to any other program.

18M.2. (MUSC: Ombudsman Program) From the funds appropriated in this section, the Medical University of South Carolina shall provide the space needed for the Ombudsman Program of the Office of the Governor and shall provide pertinent written statements, documents, exhibits and other items, as well as any other assistance, that is deemed necessary for the performance of the program's mandates.

18M.3. DELETED

18M.4. (MUSC: AHEC Residency Programs Formula Funding) South Carolina Area Health Education Consortium (S.C. AHEC) shall be awarded funding for the Statewide Family Practice Residency System and the Graduate Doctor Education Program based on the appropriate formula, as approved by the S.C. AHEC and the Commission on Higher Education, and the level of funding shall be the same percentage as the other State Institutions of Higher Education.

18M.5. (MUSC: AHEC Residency Programs Funds) Funds allocated for the residency programs (Statewide Family Practice and Graduate Doctor Education) shall be used for those programs only. Funds allocated for the Area Health Education Center program shall be used for that program only.

18M.6. (MUSC: AHEC Rural Physician Recruitment Program) The SC AHEC physician recruitment office shall administer the funds appropriated to The Medical University of South Carolina for the "rural physician recruitment program". The fiscal and management affairs shall be the responsibility of the Medical University of South Carolina. A Board is hereby created to oversee the selection process and allocation of these funds. The Board will be composed of the following: The Executive Director, or his designee, of the SC Primary Care Association; the Dean, or his designee, of the USC School of Medicine; the Executive Director, or his designee, of the SC Medical Association; two representatives from rural health care settings, one to be appointed by the Chairman of the Senate Medical Affairs Committee and one to be appointed by the Chairman of the House Medical, Military, Public and Municipal Affairs Committee; the Commissioner, or his designee, of the Department of Health and Environmental Control; the Executive Director, or his designee, of the South Carolina Hospital Association; and the Commissioner, or his designee, of the Commission on Higher Education.

18M.7. DELETED

18M.8. DELETED

18M.9. (MUSC: AHEC Rural and Managed Care Programs) Of the funds appropriated herein for Family Practice Residency Programs, $200,000 of these funds shall be used to encourage family practitioners to provide services to rural county medicaid clients and to encourage AHEC "managed care centers" in rural areas. Presently funded Physicians shall not be affected by this proviso.

18M.10 (MUSC: Diabetes Center of Excellence) Of the funds appropriated to the Medical University of South Carolina, $159,000 shall be used for a Diabetes Center of Excellence.

18N.1. (TEC: Real Property Acquisition) Before any local technical education area commission may acquire any real property, the approval of the State Board for Technical and Comprehensive Education and the State Budget and Control Board and the Joint Bond Review Committee shall be obtained.

18N.2. (TEC: Training of New & Expanding Industry) Notwithstanding the amounts appropriated in this section for "Special Schools", it is the intent of the General Assembly that the State Board for Technical and Comprehensive Education expend whatever available funds as are necessary to provide direct training for new and expanding business or industry. In the event expenditures are above the appropriation, the appropriation in this section for "Special Schools" shall be appropriately adjusted, if and only if, revenues exceed projections and the Budget and Control Board and the Joint Appropriations Review Committee approve the adjustment.

18N.3. (TEC: Training of New & Expanded 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.

18N.4. (TEC: Training for New and Expanded 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.

19.1. (SDE: Administrative Cost - Revenue) The Department of Education is hereby authorized to collect, expend, and carry forward revenues in the following programs: Sale of publications and brochures, sale of photo copies, sale of listing and labels, sale of State Code and Supplements, sale of Directory of South Carolina Schools, sale of Student Health Record Cards, out-of-state and in-state investigation fees, sale of items to be recycled, collection of registration fees for non-SDE employees, recurring facility inspection fees, and teacher certification fees. The Department of Education is authorized to collect revenue for deposit into the State General Fund for testing material purchases and test rescoring fees.

19.2. (SDE: Agriculture Teachers) The funds appropriated for "Aid to School Districts - 12 Months Agriculture Teachers" in Section XIII, shall be used to cover the additional cost to school districts of placing all vocational agriculture teachers on twelve-month contracts.

19.3. (SDE: Archibald Rutledge Scholarships) $19,147 of the General Funds provided for in VI. Division of Curriculum must be used for Archibald Rutledge Scholarships.

19.4. (SDE: Attendance Supervisors) The amount appropriated in this section for Attendance Supervisors shall be used for the payment of salaries of one supervisor for each county. In the absence of a County Board of Education or with the approval of the County Board of Education in multi-district counties, the salary will be proportionately distributed among the districts of the county on the basis of the 135 average daily membership of the prior year, provided, that such funds must be used for supervision of the Attendance Program.

19.5. (SDE: Attendance/Lunch Supervisors) For the current fiscal year the local supplement to salaries of county School Lunch Supervisors and School Attendance Supervisors shall not be reduced below the supplements paid in the prior fiscal year.

19.6. (SDE: Audio Visual Revenue) Any revenues generated from the handling of audio visual film may be retained and expended by the South Carolina Department of Education for the operation of the Audio-Visual Library program. Any balance on June 30, of the prior fiscal year, will be carried forward and expended for the same purpose during the current fiscal year.

19.7. (SDE: Basic Skill Examination) Not more than $130,000 of the amount provided for implementation of Act 187, Contractual Services in Section 19, Item III. may be expended for a third administration of the basic skills examination required by Act 187 of 1979 for full admittance into an undergraduate teacher education program.

19.8. (SDE: Certified Personnel Rehired) Certified personnel who have taught in a school district for at least one year and who are dismissed for economic reasons have priority for being rehired to fill any vacancy for which they are qualified which occurs within two years from the date of their dismissal. A school district has complied with the requirements of this paragraph by mailing a notice of intent to rehire to the teacher's last known address.

19.9. DELETED

19.10. DELETED

19.11. (SDE: Computer Services - Revenue) The State Department of Education may provide contract computer services to school districts and other state agencies and any revenue generated from these services may be retained and expended by the Department for operation of the Educational Data Center and may be carried forward and expended for the same purpose in the current fiscal year.

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19.13. DELETED

19.14. (SDE: Day Care Centers) The State Department of Education shall promulgate regulations and competitive guidelines to enable any school district in the State to compete for funds to establish day care centers and receive funds from appropriations to day care centers if the district's day care program is approved by the department. The school districts added to the day care center program may initiate their programs beginning with the current school year.

Funding, not to exceed those appropriated as Direct Aid to School Districts for Day Care Centers, shall be distributed to those Day Care Programs that have met the Standards as set by the Department of Education in 1983-84. These funds shall be distributed proportionate to the funds received in the prior fiscal year.

19.15. (SDE: DHEC - Comprehensive Health Assessment Pilot) Of the appropriation for Division of Curriculum, Other Operating Expenses: $94,658 must be transferred to the Department of Health and Environmental Control to continue comprehensive health assessment in school districts with more than fifty percent of the students eligible for free or reduced price lunches. The project shall provide comprehensive health assessments before the children enter the first grade. The Department of Health and Environmental Control shall work in collaboration with the State Department of Education to coordinate this initiative with the provisions of Act 135. Maximum use of these funds for medicaid match shall be used. The Department of Health and Environmental Control shall coordinate with the State Department of Education in submission of a report to the Senate and House Education Committees on the effectiveness of the program in identifying and improving children's health status and the need for follow-up services.

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19.17. (SDE: EFA - Speech Handicapped Pupils) Notwithstanding any other provision of law, during the current fiscal year the eighty-five percent spending requirement included in the Education Finance Act shall not apply to the funds generated by children in the pupil classification "Speech Handicapped Pupils".

19.18. (SDE: EFA - Audits) Notwithstanding Subsection (6) of Section 59-20-60, the Legislative Audit Council will perform audits of the Education Finance Act as directed by the Senate Finance Committee, the House Ways and Means Committee, the Senate Education Committee, or the House Education and Public Works Committee.

19.19. (SDE: EFA - Index of Taxpaying Ability) No additional districts should receive hold harmless funds under Section 59-20-50 (1) due to decreases in student numbers or upward adjustments in the index of taxpaying ability.

19.20. (SDE: EFA - Formula Funding) To the extent possible within available funds, it is the intent of the General Assembly to provide for 100 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 FY 94-95 has been determined to be $1,619, which includes a 2.4% inflation factor.

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 insure that the aggregate of such disbursements do not exceed the appropriated funds.

$9.1 million unallocated Education Finance Act funds at the end of FY 93-94 shall be transferred to the General Fund to be utilized for educational purposes. Any unallocated Education Finance Act funds realized in excess of $9.1 million must be allocated to the school districts for school building aid on a non-matching basis on the same basis that districts receive Education Finance Act allocations.

19.21. (SDE: EFA - ADM Pupil-Teacher Ratio) It is the intent of the General Assembly that the ADM Pupil-Teacher ratio for grades 1 through 3 stipulated in the Education Finance Act of 1977 be implemented to the extent possible on an individual class basis and that the pupil enrollment in these grades should not exceed 28 pupils in each class.

19.22. DELETED

19.23. (SDE: EFA - Palmetto Unified School District/Corrections) The Palmetto Unified School District 1 of the South Carolina Department of Corrections will submit appropriate student membership information to the State Department of Education and sufficient funds will be included in the South Carolina Department of Education's Appropriation Request under the line item "Education Finance Act". The amount to be requested for the Palmetto Unified School District 1 will be sufficient to produce funds equal to the product of the number of students served by the school district weighted according to the criteria established by the South Carolina Department of Education under the provisions of the South Carolina Education Act of 1977 and the state portion of the appropriated value statewide of the base student costs, adjusted for twelve months operation. The Palmetto Unified School District No. 1 shall comply with the following provisions of Act 163 of 1977 (The Education Finance Act): Section 5, paragraph (4); Section 6, paragraphs (1), (2), (3a), (4b, c, d, e and f). The South Carolina Department of Education annually shall determine that these provisions are being met and include its finding in the report mandated in Subsection (5)(e) of Section 6 of Act 163 of 1977. If the accreditation standards as set forth in the Defined Minimum Program for the Palmetto Unified School District No. 1 as approved by the State Board of Education are not met, funds by this proviso will be reduced the following fiscal year according to the provisions set forth in the South Carolina Education Finance Act of 1977.

19.24. (SDE: EFA - DJJ Funding) Funds previously received by the Department of Juvenile Justice from the South Carolina Department of Education for programs now being consolidated under the South Carolina Education Finance Act of 1977 will be disbursed to Department of Juvenile Justice by the Department of Education from the appropriation provided in this section and entitled "Education Finance Act". The amount to be disbursed to Department of Juvenile Justice will be sufficient to produce funds equal to the product of the number of students served by Juvenile Justice weighted according to the criteria established by the South Carolina Department of Education under the provisions of the South Carolina Education Finance Act of 1977 and the state portion of the appropriated value statewide of the base student cost, adjusted for twelve months operation. The Department of Juvenile Justice shall comply with the following provisions of Act 163 of 1977 (The Education Finance Act): Section 5, paragraph (4); Section 6, paragraphs (1), (2), (3a), (4b, c, d, e, and f). The South Carolina Department of Education annually shall determine that these provisions are being met and include its findings in the report mandated in Subsection (5)(e) of Section 6 of Act 163 of 1977. If the accreditation standards as set forth in the Defined Minimum Program for the Department of Juvenile Justice as approved by the State Board of Education are not met, funds by this proviso will be reduced the following fiscal year according to the provisions set forth in the South Carolina Education Finance Act of 1977.

19.25. (SDE: EFA - Formula) The amount appropriated in this Section 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.

19.26. (SDE: Employer Contributions) In determining school district allocations of state funds appropriated for school district employer contributions for the current school year, the Department of Education shall allocate 60% of the available funds based on the EFA formula and 40% of the available funds based on the weighted pupil method. 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 which 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 Minimum 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.

In order to finalize each school district's allocations of these 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.

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.

19.27. DELETED

19.28. DELETED

19.29. (SDE: Employer Contributions - Hold Harmless) The funds allocated under XIII. Employer Contributions NONRECURRING shall be distributed to those districts that receive less funding from the Employer Contributions distribution on the EFA formula as compared to the weighted pupil unit method. From the available funds, districts shall receive their proportionate share based on their reduced amount to the total reduction, provided no district shall receive more than they would under the weighted pupil method.

19.30. DELETED

19.31. DELETED

19.32. (SDE: Employer Contributions - Educational Subdivision) 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.

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19.34. DELETED

19.35. (SDE: Fees Incidental & Matriculation) Notwithstanding any other provision of law, the board of trustees of any school district which does not have the authority by any special act of the General Assembly to charge matriculation and incidental fees is authorized to charge a fee to offset the cost of education materials and supplies with the consent of the majority of the legislative delegation representing the school district. The board of trustees of each school district which charges such fees is directed to develop rules and regulations for such fees which take into account the students' ability to pay and to hold the fee to a minimum reasonable amount. Fees may not be charged to students eligible for free lunch and must be pro rata for students eligible for reduced price lunches, if charged at all.

19.36. (SDE: Felton Lab) Funds in the amount of $204,000 will be disbursed to S. C. State University from the appropriation provided under Program XIII of this section "Direct Aid to School Districts" for the operation of the Felton Lab School.

19.37. (SDE: Governor's School for Science & Math Revenue) 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.

19.38. (SDE: Handicapped Educational Responsibility) Notwithstanding any other provision of law, the responsibility for providing a free and appropriate public education program for all children including handicapped 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 located within the jurisdiction of the school district. 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. School districts providing the education shall notify the non-resident district in writing within 45 calendar days that a student from the non-resident 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 handicapping condition if available. If appropriate financial arrangements cannot be effected between institutions of the state 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 non-disabled 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 45 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.

19.39. (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). The average amount per child served is estimated to be $484. Five-year-old disabled children shall continue to be funded under the Education Finance Act of 1977.

19.40. (SDE: Handicapped - Trainable Mentally) $160,000 of the amount provided for the "Direct Aid to School Districts" in Item XIII plus the amount generated through the weighting factor 2.04, for the trainable mentally handicapped pupil program shall be used only for profoundly mentally handicapped pupils.

19.41. (SDE: Health Education) Of the funds appropriated herein for Comprehensive Health Education, $100,000 must be used to support the operations of a mobile comprehensive health education unit in cooperation with the South Carolina Medical Association.

19.42. (SDE: High School Diplomas - Revenue) Any revenue generated from the sale of high school diplomas and certificates may be retained and expended by the South Carolina Department of Education for the operation of the high school diploma/certificate program. Any balance on June 30, of the prior fiscal year, may be carried forward and expended for the same purpose during the current fiscal year.

19.43. (SDE: Index of Taxpaying Ability) The index of taxpaying ability for the current school year shall not include the assessed value of property in a school district which is classified under Section 12-43-220(a) and Section 12-43-220(e), which is at least fifteen percent of the total assessed value of real property in the school district, which on February first of each year has been in bankruptcy status for a minimum of thirty consecutive months, and on which no local school property taxes have been collected for at least two consecutive fiscal years. It is the responsibility of the county auditor to report such exclusions from the index to the Department of Revenue and Taxation and to immediately notify the Department of Revenue and Taxation of any change in the bankruptcy status of such real property or any collection of school property taxes from such real property.

19.44. (SDE: Lunch Program) The amount appropriated herein for School Lunch Program Aid shall be divided among the County Boards of Education of the State upon the basis of the number of schools participating in the School Lunch Program in each county during the prior school year. The travel expenses of the 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. 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.

19.45. (SDE: Lunch Supervisors) The amount appropriated in this section for County School Lunch Supervisors shall be used for the payment of salaries of one supervisor for each county and no such salary shall be supplemented from funds provided in this section for "School Lunch Program Aid". In the absence of a County Board of Education or with the approval of the County Board of Education in multi-district counties, the salary shall be proportionately distributed among the districts of the county on the basis of the 135 average daily membership of the prior year, provided that such funds must be used for the supervision of the School Food Service Program.

19.46. (SDE: Other Agencies - Teachers) Employees in teaching positions in schools operated by the Department of Juvenile Justice, the S. C. Department of Corrections and the South Carolina School for the Deaf and the Blind shall be exempt from classification by the Division of Budget and Analyses during the current fiscal year. Employees in teaching positions in schools operated by John De La Howe and Wil Lou Gray Opportunity School, at the discretion of the agency, are exempt from classification by the Office of Human Resources.

19.47. (SDE: Video Library Revenue) Any revenue generated from school districts participating in the joint broadcast service offered by the South Carolina Department of Education may be retained by the Department and expended for the operation of the service. Any balance on June 30, of the prior fiscal year, may be carried forward and expended for the same purpose during the current fiscal year.

19.48. DELETED

19.49. (SDE: SC Council on Holocaust) The General Funds provided for in VI. Division of Curriculum must be transferred to the South Carolina Council on the Holocaust for the continued development and distribution of teaching resource materials.

19.50. (SDE: Social Services Block Grants) School districts which operate Social Services Block Grant Child Development Centers shall be exempt from Department of Education rules and regulations concerning Child Development Centers during the current fiscal year.

19.51. (SDE: Statistics - Revenue) Any revenue generated through agreements with the National Center for Education Statistics in the United States Department of Education for providing education-related statistics to the federal government may be retained and expended by the South Carolina Department of Education for the purpose of providing such data. Any balance on June 30, of the prior fiscal year, may be carried forward and expended for the same purpose during the current fiscal year.

19.52. (SDE: Student Performance System) Notwithstanding any other provision of law, the schools participating in the Twelve Schools project, up to 36 sites, during the prior school year will continue to work with the State Department of Education and the South Carolina Curriculum Congress to develop multi-tiered assessments as the basis for a revised student performance system aligned with the curriculum frameworks.

The project schools will continue to be excused from participation in all state mandated testing programs, with the exception of the Exit Examination, for the current school year. Schools participating in the project shall be considered to have met all criteria related to programs provided for under Sections 59-5-65, 59-18-10, 59-18-11, 59-18-15, 59-18-30, and 59-21-800 (campus model). The State Board of Education, in conjunction with the Department and the selected schools, will use alternate criteria for the placement of students in state funded remedial and compensatory education programs and in the gifted and talented program and for the promotion of students to the next higher grade. Deregulated schools participating in this project shall not be removed from deregulated status as a result of nonparticipation in the state testing program.

The Department of Education is authorized to expend not more than $250,000 of the funds appropriated for the Basic Skills Assessment Program for carrying out the purposes of this proviso. Funds may be used to add no more than 24 schools to the project, each of which shall be partnered with one or more of the original 12 schools, allowing the models developed in 12 schools to be shared throughout the state. Funds may be used to provide regional training sessions to provide professional development for schools based on lessons learned from original 12 schools and partner schools.

19.53. (SDE: Teacher of the Year) Any balance on June 30 of the prior fiscal year for the Teacher of the Year Program may be carried forward and expended for the same purpose during the current fiscal year.

19.54. DELETED

19.55. (SDE: Television/Audio - Revenue Carry Forward) Any revenues generated from the leasing or sale of any programs of television, audio, or microcomputer software developed by the Office of Instructional Technology, State Department of Education, for use with students or teachers may be retained and expended for the operation of the Office of Instructional Technology. Any balance on June 30, of the current fiscal year may be carried forward and expended for the same purpose.

19.56. (SDE: Temporary/Emergency Certificates) Of the funds provided for teacher salaries funds may be used to pay salaries for those teachers holding temporary or emergency 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 1, of the current fiscal year, a report showing by district the number of emergency certificates by category; including an enumeration of the certificates carried forward from the previous year. After July 1, 1993, no temporary or emergency certificate shall be continued more than twice.

19.57. DELETED

19.58. (SDE: Instructional Materials - Used) There may be expended from funds appropriated for instructional materials furnished by the State whatever amount is necessary for the repair, testing, redistribution and preservation of used instructional materials. The State Department of Education is authorized to utilize appropriated funds to pay for textbooks shipped in the fourth quarter of the prior fiscal year.

19.59. (SDE: Instructional Materials - Damaged/Sale of Revenue Carry Forward) The State Department of Education is hereby authorized to collect fees for damages to instructional materials and sell instructional materials that may be determined no longer usable either through wear on the instructional materials or expiration of the contract on the instructional materials The proceeds of the revenue generated from the sale of instructional materials or collection for damaged instructional materials shall be retained by the Department of Education to be used in the state free textbook program. Any balance on June 30, of the prior fiscal year, will be carried forward and expended for the same purpose during the current fiscal year.

19.60. (SDE: Transportation - Hazardous) In relation to expenditures for transportation within hazardous areas as authorized by Section 59-67-420 of the 1976 Code, no school district shall suffer liability for designation of such area as within the authority of said section or for failure to designate any area as hazardous. The State Department of Education, in conformance with Section 59-67-420, shall insure the availability of at least $250,000 of the funds appropriated for school bus maintenance and gas for school district hazardous transportation costs.

19.61. (SDE: Transportation - Equipment Revenue) Any revenue generated from the use of transportation equipment may be retained and expended in the transportation program by the State Department of Education for payment of state approved positions, purchase of school buses and maintenance and operations of the school buses. Any balance on June 30, of the prior fiscal year, will be carried forward and expended for the same purpose during the current fiscal year.

19.62. (SDE: Transportation - Used Bus Revenue) The State Department of Education is hereby authorized to sell used school buses and support equipment that may be determined to be no longer safe or economical in servicing school buses or transporting school children, and the proceeds of such sales shall be deposited to the Department of Education School Bus fund. Any balance on June 30, of the prior fiscal year, may be carried forward and expended for the purchase of school buses and support vehicles during the current fiscal year.

19.63. (SDE: Travel - Outside of Continental U.S.) School District allocations from General Funds and EIA funds shall not be used for travel outside of the continental United States.

19.64. (SDE: YMCA - Youth in Government) Of the funds appropriated herein, the Department of Education must transfer $22,714 to the Young Men's Christian Association (YMCA) for the Youth in Government Program.

19.65. DELETED

19.66. DELETED

19.67. DELETED

19.68. DELETED

19.69. (SDE: Inflation of Salary Schedules) Notwithstanding any other provision of law, 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.

19.70. (SDE: Exit Exam Alternatives) Funds appropriated to administer the Basic Skills Assessment Program (BSAP) may be used to provide a late summer administration of the Exit Exam for students who have met graduation requirements except for passing one portion of the exit exam, and who have completed a summer remediation program in that deficiency area which meets State Department of Education criteria.

19.71. (SDE: Coker College) $30,000 of the increased funds provided to the Governor's School for Math and Science must be used to provide for library and facilities improvements at Coker College that will be of benefit both to the College and the School.

19.72. (SDE: Clemson PSA Allocation Agricultural Teacher Education & Other) The Department of Education must transfer $177,000 to Clemson PSA for their Agricultural Teacher Program. Funds received through the Carl Perkins Act and/or funds appropriated to the Department for other operating expenses within the department may be used to make this transfer.

19.73. (SDE: Continuous Assessment) Of the funds appropriated under Section III, Division of Policy, the Department of Education is authorized to use funds currently allocated for testing in grades 1, 2 and 6 to pilot-test and field-test a continuous assessment system for Kindergarten through grade 3 and for piloting new items for the state assessment system. The progress in the piloting and field-testing in selected schools or districts of the continuous assessment system must be reported to the Senate Education and House Education Committees no later than March 1, 1995. Notwithstanding any other provision of law, for the 1994-95 school year the basic skills assessment tests will not be administered in grades 1 and 2; and only the Basic Skills science and writing tests will be administered in grade 6; all other Basic Skills tests will continue to be administered in the established grades.

19.74. (SDE: Medicaid) Each school district shall participate in the Medicaid program to the maximum extent possible. Existing funds currently used to provide health and social services to children that are replaced or freed up by Medicaid funds will remain available to the school district to be used to provide health and social services to the children served by that district. Both the school districts and the Department of Education must devote sufficient administrative support to this effort to ensure that all available Medicaid dollars are earned. School districts are urged to develop and/or use consortiums to perform any or all of the administrative functions required for Medicaid. Federal Medicaid dollars are available as match to pay fifty percent of the costs for Medicaid administration.

19.75. (SDE: Southern Center for International Studies Dues) Of the funds appropriated to the Department of Education, $25,000 may be used as dues for the Southern Center for International Studies.

19.76. (SDE: Educational Entrance Exam) Notwithstanding any other provision of law, any person required to take and pass the Education Entrance Examination, (EEE) pursuant to Section 59-26-20(e)(2) or Section 59-26-40, who fails to achieve a passing score on all sections after the number of attempts currently allowed by statute and regulation shall be allowed to retake that portion of the test failed upon petitioning the State Superintendent of Education and the Chair of the State Board of Education. The applicant must pay a cost, not to exceed $60, for the administering of the exam, if taken pursuant to this proviso.

Prior to any subsequent retesting, the person must submit evidence that he/she has successfully completed a postsecondary remedial or developmental course for the subject area(s) of the EEE failed.

Provided, however, that no person may undertake practice teaching until he/she has achieved a passing score on all portions of the exam.

19.77. (SDE: Alternate Fuels Program) The Department of Education shall have the authority to participate in a Clean Fuels Demonstration project supported by federal, State and private funds. The Department of Education shall be allowed to expend appropriated funds to support a maximum of four (4) Department school vehicles for the specific purposes of this project.

19.78. (SDE: Federal & Earmarked Funds) 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.

19.79. DELETED

19.80. DELETED

19.81. DELETED

19.82. (SDE: Transportation Demonstration Sites) The Department of Education may designate the Charleston, and Beaufort and/or Jasper County School Districts as demonstration sites for privatization of student transportation services and for the coordination of community based public transportation services. Funding for these pilot sites shall not exceed that presently utilized to support school transportation in the site(s). Appropriated funds for school bus maintenance, gas, drivers and fringe benefits are to be used for this project.

19.83. (SDE: Mandatory Minute of Silence) All schools shall provide for a minute of mandatory silence at the beginning of each school day.

*19.84. (SDE: EFA - Other School Personnel Pay Increases) The increase in EFA funds over the prior fiscal year should be used to help fund pay increases for those school personnel who are not receiving EIA salary supplements.

*See note at end of act.

19.85. (SDE: Aid to Subdivision and Alloc. to School Districts) 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.

19.86. (SDE: School Library Resource Materials) Of the funds appropriated for school library resource materials, $1,000 shall be distributed to each school district with remaining funds distributed on a per pupil basis.

19.87. (SDE: Student Bus Driver Waiver) The Governor's Office is requested to examine the proposal to seek a waiver from the federal government allowing students seventeen years old and older who have been licensed drivers for one year to qualify as school bus drivers.

19.88. (SDE: School District Bank Accounts) Notwithstanding any other provisions of law, 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.

19.89. (African-American Loan Program) Of these funds, $130,000 shall be distributed to S.C. State University, $100,000 to Benedict College, and $100,000 to Voorhees College for a loan program with the major focus of attracting African-American males to the teaching profession. The regulations for the loan program, which shall provide loans that can be canceled by teaching a specified time in South Carolina, shall be developed in consultation with the Commission on Higher Education.

19A.1. (SDE-EIA: Local Financial Support) The amounts appropriated under "Education Improvement Program", "Academic Standards Increase", "Basic Skills", "Teaching Profession", "Leadership, Management and Efficiency", "Quality Control and Productivity", and "School Building Aid", or any of them which may be appropriated under this section, shall include any local financial support which otherwise would be required under this State's Education Finance Act.

19A.2. (SDE-EIA: Program Distribution) The money appropriated in Section X, Education Improvement Program, A., Raise Academic Standards Credits HS Dipl, Adv Placement, C., Teaching Profession, Professional Development Training, and F., School Building Aid, shall be distributed to the school districts of the state based upon the 135 day count of Average Daily Membership.

19A.3. (SDE-EIA: Adult Education - Rural Literacy) From the EIA funds provided herein for adult education, $150,000 must be used to provide for ten pilot projects for rural literacy development. In addition, each county shall receive $50,000 for use by the school districts for adult literacy for service delivery to adult-nonreaders and those reading at or below the eighth grade level. The school districts may provide this service or may contract to have this service provided. In multi-district counties, the districts must agree on the method of service delivery for the entire county and select one district to serve as the fiscal agent.

19A.4. (SDE-EIA: Advanced Placement) Of the funds appropriated for Advanced Placement under Section 19, X.A., no more than $500,000 of the funds above the amount needed to inflate the base funds by the EFA inflation factor must be made available on a flat rate per class basis to schools offering "singleton" Advanced Placement classes with a student/teacher ratio equal to or less than ten to one. The State Board of Education shall develop guidelines for the distribution of these funds.

19A.5. (SDE-EIA: Advanced Placement) Funds appropriated under Section 19, X.A. EIA-Advanced Placement may be used to defray the testing costs of the International Baccalaureate Program which are incurred by school districts at the same per-test reimbursement rate provided for Advanced Placement examinations.

19A.6. (SDE-EIA: Remedial Adult Education) Of funds appropriated on Item X, Education Improvement Act, Item B.1 Academic Assistance Act 135 an amount not to exceed $1,000,000 must be used for adult education students scoring below the BSAP standard on any portion of the exit examination at a remedial weight of .114 of the base student cost as defined in the Education Finance Act.

19A.7. (SDE-EIA: Academic Assistance) Any unexpended balance on June 30, of the prior fiscal year, in the EIA appropriations for Academic Assistance may be carried forward to the current fiscal year to be expended for the same purpose in the current fiscal year. Funds carried forward may be used to operate summer school programs provided that the State Board of Education concurs the programs meet the intent of Section 31 in Part II of this act.

19A.8. (SDE-EIA: Basic Skills) Funds appropriated for Basic Skills Monitoring under Section 19, X.B. must be used by the Department of Education to assist schools and school districts with improving the quality of instruction and providing technical assistance on curriculum development and instructional improvement in keeping with the intent of the Early Childhood Development and Academic Assistance Act of 1993 and in implementing the Curriculum Frameworks as provided in regulations promulgated by State Board of Education.

19A.9. (SDE-EIA: Black History) Funds previously provided for the development of the Black History curricula may be carried forward into the current fiscal year to be expended for the same purpose.

19A.10. (SDE-EIA: Building Aid) Of the amount appropriated under Item X.F. Alloc EIA-Construction and Renovation, $15,416,909, after being appropriately adjusted, shall be transferred to a special trust fund established by the Comptroller General. Such funds shall remain available to the school districts of the State until approved for use in accordance with Section 59-21-350 of the Code of Laws of 1976.

19A.11. (SDE-EIA: Building Aid) Notwithstanding any other provisions of law, of the amount appropriated under Section X for School Building Aid, $15,416,909 must be allocated to eligible school districts at $30 per pupil for grades 1 through 12 and $15 per pupil for the state-financed kindergarten program. The allocation must be based on the 135 day count of average daily membership for the second preceding fiscal year.

19A.12. DELETED

19A.13. (SDE-EIA: Cities-In-Schools) Notwithstanding any other provision of law, the State Department of Education shall transfer $200,000 from the funds appropriated under Section 19 Item X.M. Dropout Prevention to Cities-In-Schools. These funds are to be utilized to provide technical assistance to local communities in establishing Cities-In-Schools programs statewide. Cities-In-Schools will provide annual reports to the State Department of Education which will include: budget expenditure data, a listing of the communities served and the services provided.

19A.14. (SDE-EIA: Remedial Writing-Staff Dev. for Teachers) Of funds appropriated for Education Improvement Act Programs, Academic Assistance, $312,000 must be provided to the South Carolina Educational Policy Center at the University of South Carolina to support staff development for teachers of remedial writing. The Policy Center will report to the EIA Select Committee on the activities and effectiveness of the program no later than April 15, of the current fiscal year.

19A.15. (SDE-EIA: DARE) Of the Education Improvement Act funds appropriated herein under Subsection X. K. Other State Agencies and Entities for the Department of Alcohol and Other Drug Abuse Services, $150,000 must be transferred to the State Law Enforcement Division for the operation of Drug Abuse Resistance Education (DARE) program and for the training of DARE officers in the fifth grade classes of public schools in the state, and $25,000 shall be used by the Department of Alcohol and Other Drug Abuse Services to provide matching funds for local governments and school districts for the DARE program. A report on the effectiveness of the DARE program must be provided by the Department of Alcohol and Other Drug Abuse Services to the Select Committee by October 1.

19A.16. (SDE-EIA: Child Abuse Awareness & Dropout Prevention) Of the funds appropriated under Section X.M. for the Dropout Program, $200,000 must be used for the Child Abuse Awareness and Prevention Project at Winthrop University and $125,000 must be used for the Accelerated Schools Project at the College of Charleston.

19A.17. (SDE-EIA: Technical Assistance) Of the funds appropriated for EIA - Professional Development, $100,000 must be used for competitive grants to districts for training and technical assistance in implementing parenting programs as directed in the Early Childhood Development and Academic Assistance Act of 1993 with first priority of funding given to those districts implementing the program as outlined in the Parenting Guidelines.

19A.18. (SDE-EIA: Excess Revenue) Any unexpended funds or operating surplus in the Education Improvement Act Fund shall be allocated to the school building aid program.

19A.19. (SDE-EIA: Excess Revenue HUGO Match) Notwithstanding any other provision of law, surplus revenue from the EIA fund received for the prior fiscal year above the appropriated amount, not to exceed $782,000, must be carried forward and used to match federal funds for school district losses due to hurricane Hugo.

19A.20. (SDE-EIA: Gifted & Talented/Artistically) Notwithstanding the provisions for Section 59-29-170, ten percent (10%) of the total state dollars appropriated annually for gifted and talented programs shall be set aside for serving artistically gifted and talented students in grades 3-12. The State Department of Education shall allocate to districts a proportionate share of the ten percent (10%) based on the preceding year's total average daily membership in grades 3-12. School districts shall service students identified as artistically gifted and talented in one or more of the following visual and performing arts areas: dance, drama, music and visual arts areas. Districts may utilize their proportionate share of the ten percent (10%) for the purpose of contracting with other entities to provide services to students identified as artistically gifted and talented if personnel or facilities are not available in the school district for that service. The remaining ninety percent (90%) of the state dollars appropriated for gifted and talented programs shall be expended in accordance with Section 59-29-170. Each district receiving funds for the gifted and talented program shall include an accelerated component as a part of its academically gifted and talented program by the end of Fiscal Year 1993-94. EIA-Gifted and Talented funds may be carried forward and expended for the same purpose in summer programs.

19A.21. (SDE-EIA: Gifted & Talented - 8th Grade Advisement) Of the funds appropriated under Section 19.X.A. EIA Allocation, Gifted and Talented, $402,250 shall be used by the Commission on Higher Education to be expended on the eighth grade advisement program. The Commission on Higher Education must provide a report on the effectiveness of the advisement program to the Select Committee by October 1.

19A.22. (SDE-EIA: Gifted & Talented - Jr. Academy of Science) $5,000 of the appropriated EIA funds for the Gifted and Talented Program must be provided to the Junior Academy of Science. The Department of Education must provide a report on the effectiveness of the Academy to the Select Committee by October 1.

19A.23. (SDE-EIA: Junior Scholars) Of funds appropriated for Education Improvement Act Gifted and Talented Programs, $250,000 must be used to support and coordinate the Junior Scholars Program as directed by the State Board of Education. The State Board of Education shall report to the Education Improvement Act Select Committee not later than March 15, of the current fiscal year on the activities and effectiveness of the program. The State Board of Education, through the Department of Education, must provide a report on the effectiveness of the program to the Select Committee by October 1.

19A.24. (SDE-EIA: Governor's School Arts - Training) Of the funds appropriated under the Education Improvement Act, Gifted and Talented Program, $135,000 must be provided to the Governor's School for the Arts for training teachers, administrators and supervisory personnel to work effectively in the identification, program development and evaluation of artistically talented students and for the Outreach Program. The Governor's School for the Arts shall report to the Select Committee on the effectiveness of the training and Outreach programs annually by October 1.

19A.25. (SDE-EIA: Handicapped Student Services) The money appropriated in Section X, Education Improvement Program, A., Handicapped Student Services, shall be used only for educational services for trainable mentally handicapped pupils and profoundly mentally handicapped pupils.

19A.26. (SDE-EIA: Hazardous Transportation) The Department of Education is authorized and directed to fund Alloc EIA Hazardous Transportation, Section 19, IX. B. at no less than the level appropriated for that purpose in the prior fiscal year. The Department may transfer other operating funds from any source to support this program.

19A.27. (SDE-EIA: Higher Order Thinking Skills) It is not the intent of the General Assembly that the instruction in higher order thinking skills promote New Age religion or any other religion, faith, or belief.

19A.28. (SDE-EIA: Act 135) Notwithstanding any other provision of law, those projects funded and operating in the prior fiscal year as Parent Education and Dropout Prevention and Retrieval Programs who are serving as technical assistance sites shall be funded at the same level as in Fiscal Year 1993-94 or according to the formula with an additional $10,000 for technical assistance, whichever amount is more, however, no more than $2,500,000 of the Parent Education funds and $3,900,000 of the Dropout Prevention funds may be used to continue technical assistance sites; the remaining funds in these two line items shall be used to initiate parent education/family literacy programs in districts which meet the requirements of the Early Childhood Development and Academic Assistance Act of 1993.

19A.29. (SDE-EIA: Other State Agencies) 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 Education Improvement Act funds appropriated herein under "Subsection X.K. Other State Agencies and Entities" shall be disbursed on a quarterly basis directly to the state agencies and entities referenced in Subsection X.K. by the Department of Revenue and Taxation except for the Teacher Loan Program and Centers of Excellence, the EIA Select Committee and the Joint Business-Education Subcommittee, who 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 Section 19, Subsection X.K. 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 Section 19, Subsection X.K. Other State Agencies and Entities, the appropriations in the respective agency and entity section will be adjusted to conform to the appropriations in Subsection X.K. Other State Agencies and Entities.

19A.30. (SDE-EIA: Paperwork Reduction) The funds appropriated in Section 19, X.C.1., EIA Teaching Profession, Administration, for the Reduction of Paperwork Project, must be expended for orientation, training, support, or other activities or materials which will directly reduce the time classroom teachers are required to devote to paperwork. The reduction of time related to paperwork for classroom teachers should be greater than that for other school personnel.

19A.31. (SDE-EIA: Paperwork Reduction Pathway Coordinators) Of the funds appropriated under X.C., Paperwork Reduction , $1,248,000 shall be allocated to the school districts to provide a minimum of one Pathways Coordinator in each school district. The Pathways Coordinator shall provide direct technical assistance to teachers. In addition, the percentage of the employee's time spent on Pathways efforts must equal or exceed the percentage of the State's share of this person's salary. Of the funds appropriated under X.C. for Other Operating, $750,000, shall be used by the State Department for Pathways training.

19A.32. (SDE-EIA: Paperwork Reduction) The Department is authorized to carry forward and expend up to $60,000 in EIA Implementation, Administration, Contractual Services funds from the prior fiscal year for the evaluation of the Paperwork Reduction Program. The Department of Education must provide a report evaluating the Paperwork Reduction Program to the General Assembly by January 1.

19A.33. (SDE-EIA: Principals - Salary Supplement) Funds appropriated for "salary supplements for principals" and accompanying "employer contributions" appropriated in Item D.1. Subsection X of this Section 19 must be distributed to school districts based on average daily membership (ADM). Each school district shall distribute the funds as salary supplements in addition to existing compensation equally among principals and assistant principals employed by the district.

19A.34. (SDE-EIA: Reading Recovery) Of the EIA funds appropriated herein for the Academic Assistance Act 135, $600,000 shall be used for the Reading Recovery programs throughout the State. Specific funding of these programs will be phased out by Fiscal Year 1995-96. The State Department of Education shall report to the EIA Select Committee on the allocation and expenditure of these funds by October 1.

19A.35. (SDE-EIA: Critical Teaching Needs - Roper Mountain) Of the funds appropriated for EIA - Critical Teaching Needs, $200,000 shall be disbursed to the Roper Mountain Science Center for summer workshops for public school science teachers. Funds disbursed to the Roper Mountain Science Center may be carried forward.

19A.36. (SDE-EIA: School Building Aid) A minimum of one-half of one percent of the total estimated EIA revenue must be appropriated for School Building Aid. In the event that an official revenue shortfall is declared in EIA funds, the appropriation for EIA School Building Aid must first be reduced. In the event that EIA School Building Aid is not sufficient to cover the shortfall, then each remaining EIA program will be reduced on a pro rata basis to the extent that the total program reductions are equal to the total revenue shortfall. Such pro rata reduction shall not apply to the funds appropriated for EIA teacher salaries, related fringe benefits and teacher incentive pay contained in X.C.1 Aid to Subdivisions. The term EIA 'School Building Aid' does not include the EIA appropriation for debt service for the Public School Facility Program. The EIA appropriation for debt service must not be reduced or used for any other purpose except by authorization of the General Assembly.

19A.37. (SDE-EIA: School Incentive Grants) Funds appropriated for School Incentive Grants of the prior Appropriation Act may be expended during the current fiscal year by the school districts that earned School Incentive Awards during the prior fiscal year.

19A.38. DELETED

19A.39. (SDE-EIA: Impaired School Districts) Funds appropriated under X.G., School Intervention, Impaired School Districts, shall be used to provide grants to assist school districts in correcting education deficiencies as identified through the application of criteria adopted by the State Board of Education for evaluating the quality of education in school districts. First priority for this funding shall be an allocation of funds to those school districts whose education deficiencies led to the designation of "In Greatest Need of Technical Assistance". Provided that the needs of such designated school districts have been met, any remaining or unallocated current year funds may be used to assist other school districts whose education deficiencies led to the lesser designation of "In Need of Technical Assistance". In all cases, no portion of the allocated funds may be used by the school district for administration purposes. Funds appropriated for Impaired School Districts/In Need of Technical Assistance and allocated to the school districts in the prior fiscal year may be retained and expended by the school districts for the same purpose during the current year.

19A.40. DELETED

19A.41. (SDE-EIA: Student Loan) Of the EIA funds provided herein for the Student Loan Program, $1,233,750 must be used to implement the Governor's Teaching Scholarship Program. Students receiving these scholarships are eligible for the accelerated payback method provided for in Section 59-26-20(k). Any funds in the Governor's Teaching Scholarship program which are not committed as of July 1 of the current fiscal year may be used to fund student loans provided for in Section 59-26-20(k). From these funds, priority shall be given to fund up to $5,000 for qualified minority students from each school district or $5,000 times the number of districts in each consortium of school districts for districts which participate in a consortium.

19A.42. (SDE-EIA: Student Loan Pgm - Paul Douglas Scholarship) Of the EIA funds appropriated herein for the Student Loan Program, an amount not to exceed $44,000 shall be authorized to pay administrative costs associated with the Paul Douglas Scholarship Program.

19A.43. (SDE-EIA: Teacher Evaluations) The State Department of Education, with the cooperation of the school districts and teacher education institutions, must, subject to the approval of the State Board of Education, revise the system for assisting, developing, and evaluating student provisional, annual and continuing contract teachers. The Department of Education is authorized to expend funds provided in Section X. for the Teacher Evaluation System toward the revision of the evaluation system. The Department of Education shall provide a report on its progress in revising the system, to include recommendations to date and a state and local fiscal impact statement, to the EIA Select Committee by September 30 of the current year.

The Select Committee also may continue to initiate evaluations of programs and policies implemented under the EIA and Target 2000 Acts. To this end, $250,000 appropriated under EIA Implementation, Administration, Other Operating Expenses shall be used to support continuation of program and policy evaluations and studies, to support the state's participation in the Middle Grades Project, and support the policy study of the Apprenticeship/Mentorship Committee.

A study contracted to formulate a plan to accomplish the national goals as applicable to South Carolina, must be completed and submitted to the House Education and Public Works Committee and the Senate Education Committee. This study is to be completed with the input of the Business Education Committee for Excellence in Education, the Business Education Subcommittee and relevant groups in education, health and human services, and from the business community. By September 1, 1994, the Department of Education shall submit for review and approval to the EIA Select Committee and the Business Education Subcommittee the proposed time lines, funding requirements, and the necessary steps to implement the plan for each of the next five years from 1995 to 2000.

19A.44. DELETED

19A.45. (SDE-EIA: Teacher Recruitment) Of the $1,391,076 Education Improvement Act funds appropriated under Section 19, X.K., the S. C. Commission on Higher Education shall distribute $917,736 to the S. C. Center for Teacher Recruitment of which $200,000 must be used for teacher recruitment efforts for specific programs to recruit minority teachers, $206,000 to Benedict College and $236,000 to S. C. 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 S. C. 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. 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 and the Education Improvement Act Select Committee by December 1.

19A.46. (SDE-EIA: Teacher Salaries) Funds appropriated in item C of subsection X, Education Improvement Act, for teachers' salaries must be distributed to those teachers eligible pursuant to subitem 4 of item (b) of subsection (4) of Act 163 of 1977, however, continued employment is allowed for those teachers receiving an overall rating of satisfactory or its equivalent on a school district's official evaluation instrument developed pursuant to Act 187 of 1979. Teachers failing to achieve a satisfactory rating on any of the evaluation criteria included in the instrument required pursuant to Act 187 of 1979 shall complete appropriate staff development experiences prescribed by the district superintendent.

19A.47. (SDE-EIA: Teacher Salaries) The Division of Budget and Analyses projects the Southeastern average teacher salary for the current school year to be $30,457. It is the intent of the General Assembly to fully fund the Southeastern average teacher salary as projected for FY 1994-95. 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.

19A.48. DELETED

19A.49. (SDE-EIA: Teacher Salaries) The funds appropriated herein for "Aid to Subdivisions - Alloc. EIA - Teacher Salaries" must be used to increase the salaries of 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.

19A.50. (SDE-EIA: Teacher Salaries) Each state agency which does not contain a school district but has instructional personnel shall receive an allocation from the line item "Aid to State Agency - TEACHER PAY" for teachers salaries based on the following formula: Each state agency shall receive such funds as are required 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 funds appropriated herein in the line item "State Agency Teacher Pay" must be distributed to the agencies by the Budget and Control Board.

The funds appropriated for the Governor's School for Science and Math are allocated for the teacher pay increase necessary for comparability with the surrounding school districts after the Governor's School for Science and Math teachers have been converted to a ten-month work schedule.

19A.51. (SDE-EIA: Teacher Salary Supplements) The amount appropriated or authorized herein for "Teacher Salary Increase - Distributions to Subdivisions - Aid to School Districts - State Salary Supplement" shall be the total amount provided for these purposes, and shall be the maximum paid to the aggregate of recipients. In the event, the distribution to the various school districts totals more than the amount authorized for such purposes, the Department of Education shall reduce the percentage increase to the EFA minimum salary schedule so as to bring total expenditures and disbursements into conformity with funds authorized for this purpose.

19A.52. (SDE-EIA: USC School Council Assistance) Education Improvement Act Funds appropriated herein for the USC, School Council Assistance Project, operating at the University of South Carolina, shall be utilized by the School Council Assistance Project to conduct activities specified in the Education Improvement Act. The role of the School Council Assistance Project shall be to provide training and services to every school district by the end of the current school year. Such training may be provided on a county-wide basis. The School Council Assistance Project must submit a report of the training to the State Board of Education and the EIA Select Committee annually, by October 1. Notwithstanding any regulation prescribed by the State Board of Education, the role of the State Department of Education shall be to evaluate the training and services provided by the School Council Assistance Project through the Department's established method for annually assessing EIA programs.

19A.53. (SDE-EIA: Vocational Equipment) Of the funds appropriated under X. Education Improvement Act, A. Raise Academic Standards, Alloc-EIA Modernize Vocational Equipment, $60,000 shall be transferred to the Wil Lou Gray Opportunity School to support its vocational education component.

19A.54. (SDE-EIA: Arts in Education) Funds appropriated under item L of Section X, EIA New Initiatives, Arts Curricula, shall be used to assist districts that have not received funding for arts education during the four year pilot program; to sustain arts education initiatives that began during the final year of the pilot program; and to support arts education curriculum in the visual and performing arts which incorporates strengths from the Arts in Education pilot sites.

19A.55. (SDE-EIA: Partnership) The Business-Education Partnership shall only use the funds appropriated under the EIA for contracting for staff support and other expenses directly related to its operation set forth by the Statute.

19A.56. (SDE-EIA: Critical Teacher Needs) Funds appropriated for EIA-Critical Teacher needs must be used for courses which support instructional techniques and strategies in keeping with the intent of Section 31 of this act, the Middle Schools Project, the Preparation for Technologies Program, Curriculum Frameworks, or need established in the school improvement plan. These funds may be used for courses which support the education of students with disabilities or special needs in the regular classroom. School districts may require and collect a deposit from teachers enrolling in critical teaching needs courses. Upon completion of the course any deposit collected shall be returned to the teacher having made the deposit.

19A.57. DELETED

19A.58. (SDE-EIA: Parenting Program) Funds appropriated for the Parenting/Family Literacy Programs and allocated to the school districts for parenting projects in the prior fiscal year may be retained and expended by the school districts for the same purpose during the current fiscal year.

19A.59. DELETED

19A.60. (SDE-EIA: Contracted Program Evaluations and Annual Assessment) Of the EIA funds appropriated herein under X.H. EIA Implementation, Other Operating Expenses, $349,124 may only be used to support the conduct of independent contracted program evaluations and the conduct of the State Board of Education's annual assessment of EIA-funded education reforms and the related report, pursuant to Section 59-6-12. In keeping with the original legislative intent of informing the General Assembly and the public on the progress and condition of education through the annual assessment, the State Department of Education and the State Board of Education, in consultation with the EIA Select Committee and the Business-Education Subcommittee, shall develop by July 1 of the current fiscal year a 3-Year assessment plan. The 3-Year assessment plan shall outline the programs and initiative to be evaluated through independent contract to support the annual EIA assessment and include the methodologies for assessing the impact of education reforms to be reported in the annual assessment report. The plan must also include the design for evaluating Act 135 of 1993. The plan may also include an evaluation of current education reforms in relation to the national education goals.

19A.61. DELETED

19A.62. (SDE-EIA: Tech Prep) Of the funds appropriated for the Tech Prep Program, $75,000 shall be used by the State Department of Education, through the Tech Prep Consortia, to provide for professional development in applied techniques and integration of curriculum, and professional development in career guidance for teachers and guidance counselors and training mentors. In addition, $500,000 shall be allocated for Career Counseling Specialists in the Tech Prep Consortia.

19A.63. (SDE-EIA: Status Offenders) The funds appropriated for the Status Offender Program shall be equally distributed to John De La Howe School to expand residential programs to include programs for 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.

19A.64. (SDE-EIA: Schoolhouse Safety Training) Of the funds appropriated for Schoolhouse Safety, $250,000 must be distributed to the districts for developing a long-range plan for prevention of violence within the schools. Each district must receive $1,000 as a base with the remaining funds to be distributed on a per pupil basis and $100,000 must be used by the Department to provide technical assistance and training, to include information on violence, conflict resolution training, and mediation training.

19A.65. DELETED

19A.66. (SDE-EIA: School Innovation Grants) Funds appropriated for the School Innovation Grants and allocated to the school districts for innovative initiatives in the prior fiscal year may be retained and expended by the school districts for the same purpose during the current fiscal year.

19A.67. (SDE-EIA: Early Child Development and Academic Assistance) A portion of the funds appropriated for Academic Assistance 4-12 may be used to support components for the K-3 academic assistance if such change promotes better coordination of state and federal funds provided for programs for these students. Districts requesting this waiver from the State Board of Education must demonstrate how the use of these funds is in keeping with their long range plan and how the needs of the students in grades 4-12 will be met.

19A.68. (SDE-EIA: Aid to Subdivisions and Alloc. to School Districts) 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.

19A.69. (SDE-EIA: Academic Assistance) Notwithstanding any other provision of law, the total funding for the 4-12 Academic Assistance component of Act 135 of 1993 shall be based on a derived free and reduced lunch eligibility count for grades 4-12 obtained by applying the state percentage of K-3 students eligible for free and reduced lunch to the 4-12 average daily membership; and funding for individual districts shall be based on two equally weighted factors; the district's derived lunch percentage for grades 4-12 and its four year average for the number of 4-12 students "not meeting" standard on the state's testing programs for the years 1990-1993.

19A.70. DELETED

19A.71. (SDE-EIA: Act 135) Of the funds appropriated for Professional Development, $500,000 shall be distributed to the districts for the planning and training related to implementation of Act 135. Criteria for the use of these funds will be developed by the State Board of Education, through the Department of Education in consultation with the Select Committee.

19A.72. (SDE/EIA: School Technology) Funds appropriated for school technology shall be distributed to each school district based on a ratio of district free and reduced lunches for first through third grades to the state total free and reduced lunches for first through third grades.

20.1. (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.

20.2. (ETV: Production Services Summary) The Educational Television Commission shall annually report the cost of providing production services to governmental agencies by including a summary of these projects in the Commission's annual report to the Legislature. The information reported in this summary shall include an itemization by agency and program of the direct and indirect costs including in kind costs incurred by the Commission by category of the production services provided to governmental agencies.

20.3. (ETV: School Reception Equipment Purchase) Of the funds appropriated to ETV for transmission and reception equipment, $182,933 must be used exclusively to purchase school reception equipment.

20.4. (ETV: New Facility Equipment Purchases & Renovations) Notwithstanding any other provisions of law, the Commission, with approval by the Budget and Control Board, is allowed to sell or lease its facilities, equipment, programs, publications, and other program related materials, and funds received therefrom may be used for equipment purchases and renovations of the new facility.

20.5. (ETV: Adjacent Property Construction/Renovation) The funds authorized for the Educational Television Commission in sub-subitem (b) of subitem (15), Section 1, of Act 638 of 1988, may also be used for the construction and renovation of properties adjacent to the state owned State-Record property. These funds must not be spent on facilities located on the adjacent properties until they are owned by the Education Television Endowment of South Carolina and until the State has an option to acquire these properties from the Endowment for $1.00.

20.6. (ETV: Tower Equipment) South Carolina ETV is hereby authorized to finance or refinance the purchase of additional equipment related to the relocation of the 'tower' and expanded delivery including digital satellite services in an amount not to exceed $8,900,000 at a rate and repayment schedule to be determined by the State Treasurer and to be paid from annual appropriations made available to ETV by the General Assembly.

20.7. (ETV: Digital Satellite) The state's digital satellite video transmission system will support public and higher education, enhance the statewide delivery of health care services, improve public service, and assist state agencies with statewide personnel training. To facilitate the achievement of these objectives, there is created a Video Resources Oversight Council composed of representatives of the South Carolina Educational Television Commission, the State Department of Education, the Commission on Higher Education, the Human Services Coordinating Council, and the Budget and Control Board's Division of Budget and Analyses, Office of Information Technology Policy and Management.

20.8. (ETV: Long Distance Learning) The funds appropriated for Long Distance Learning shall be allocated to ETV to develop this program in public schools. For FY 1994-95, however, ETV may temporarily use these funds to assist in its transition to a new facility, provided the funds are replaced and used for Long Distance Learning.

21.1. (WLG: Truants) The Opportunity School will incorporate into its program services for students, ages 15 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.

21.2. (WLG: Counselor Upgrades) The Wil Lou Gray Opportunity School may upgrade counselor positions to an unclassified scale in order to recruit and retain counselors certified by the State Department of Education.

21.3. (WLG: Opportunity School Holiday) The Opportunity School may reschedule holidays observed by other State employees during the academic year and require its employees to take the holiday periods designated in the school calendar. All days taken during these holiday periods not covered by a legal holiday must be charged to leave with or without pay. The use of leave during such holiday periods will not be included in calculation of daily rate compensation.

21.4. (WLG: Status Offenders Plan) By January 1, 1995, Wil Lou Gray Opportunity School shall develop a plan to provide for a residential program for court ordered juvenile status offenders and status offenders found in contempt of court.

22.1. (VR: Production Contracts Revenue) All revenues derived from production contracts earned by the handicapped trainees of the Evaluation and Training Facilities (Workshops) 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 be used for other operating expenses and/or permanent improvements of these facilities.

22.2. (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.

22.3. (VR: Basic Support Program Reconciliation) The General Assembly hereby directs the Department of Vocational Rehabilitation to complete a reconciliation of the cost to operate the Basic Support program related to the combination of State and Federal funds available following the close of each Federal fiscal year. Such reconciliation shall begin with the Federal fiscal year ending September 30, 1989. Federal funds participation for that period shall be applied at the maximum allowable percentage and the level of those funds on hand which have resulted from the overparticipation of State funds shall be remitted to the General Fund within 120 days following the close of the Federal fiscal year. This reconciliation and subsequent remission to the General Fund shall be reviewed by the State Auditor to ensure that appropriate Federal/State percentages are applied. It is the intent of the General Assembly that Federal/State percentages budgeted and appropriated shall in no way be construed as authorization for the Department to retain the Federal funds involved.

22.4. (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.

22.5. (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.

23.1. (SDB: Blind Placement Bureau) The amount appropriated in this Section for "Blind Placement Bureau" is conditional upon the receipt of federal matching funds in the amount of $15,000.

23.2. (SDB: Physician Services) The School for the Deaf and the Blind is authorized to contract for the services of a physician and to provide office space for the physician to be used to treat both students of the school and private patients; the School shall charge the physician a fair market rental value for the office space.

23.3. (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.

23.4. DELETED

23.5. (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 student cost for each student newly admitted into the multi-handicapped school with the recommendation of the local school district. The estimated State share shall come directly from the State Board of Education at the beginning of the fiscal year to be adjusted at the end of the fiscal year. This shall include any students admitted into the Reeducation program for emotionally handicapped students.

23.6. (SDB: Admissions) Deaf, blind, multi-handicapped and other handicapped 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.

23.7. (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 after July 1, 1986. 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.

23.8. (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.

23.9. (SDB: Hearing Impaired Adults Housing Fee) The School for the Deaf and the Blind is authorized to charge appropriate fees for housing of hearing impaired adults who receive vocational education services by the Vocational Rehabilitation Facility located on the SCSDB campus. Fees will be determined by the SCSDB Board of Commissioners, and such revenue shall be retained and carried forward into the current fiscal year and expended by the School to offset the additional operating costs of housing, meals and supervision.

23.10. (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.

23.11. (SDB: School Buses) The school buses of the South Carolina School for the Deaf and the Blind are authorized to travel at speeds up to 55 miles per hour, not to exceed posted limit. No funds appropriated herein for equipment shall be used for the purchase of governors for school buses of the South Carolina School for the Deaf and the Blind.

23.12. (SDB: USDA Federal Grants) All revenues generated from U.S.D.A. 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.

23.13. (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.

23.14. (SDB: Pee Dee Resource Center for the Deaf and the Blind) From the funds provided herein, the School for the Deaf and the Blind shall provide $100,000 for the establishment of a Pee Dee Resource Center for the Deaf and the Blind in Conway, S.C.

23.15. DELETED

24.1. (AH: Publication Distribution) The Commission is authorized to supply one free copy of each new publication to the libraries of all institutions of higher learning in the State, and to each member of the Commission and its Directors; to the State Library; to each Public Library which is approved for a cash allotment by the South Carolina State Library.

24.2. (AH: Use of Proceeds) The proceeds of 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 additional training sessions, publication, reproduction expenses, repair expenses, and National Register of Historic Places certificates and plaques.

24.3. (AH: Nat'l. Historic Preservation Program) The funds earned from the United States Department of Interior by the South Carolina Department of Archives and History for administering the National Historic Preservation Program in this State, with the exception of the appropriate amount of indirect cost reimbursement to the General Fund, must be deposited in a special account in the State Treasury, to be used by this department for a Historic Preservation Grants program that will assist historic properties throughout South Carolina. From this fund, the Department may contribute a sum, not to exceed $175,000 annually, to the South Carolina Archives and History Foundation to assist in activities designed to support and enhance capital fund raising efforts. The Foundation will provide accounting for these funds at the end of each fiscal year. Any funds donated to the Department by the Foundation will be deposited in the Historic Preservation Grants Program account for use in funding other state historic preservation projects.

24.4. (AH: Disposal of Materials) Upon prior approval of the Commission, the agency may remove certain record and non-record materials from its collections by gift to another public or nonprofit institution or by sale at public auction. This is a supplemental form of disposition beyond that recognized in the Public Records Act for the retention, copying, and destruction of public records; and it pertains only to those accessioned Archives materials having a market value and which duplicate existing archival material, fall outside the scope of the Archives collection policy, or have no further possible research value. All funds realized through sale by public auction shall be placed in a special account to be used for improved access to and preservation of the state archives collections. The Commission shall report annually to the Budget and Control Board regarding such dispositions.

24.5. (AH: Technical Assistance and Review Fees) The Department of Archives and History is authorized to charge a fee of $35 for providing technical assistance in repairing and rehabilitating historically significant properties. The agency may also charge fees based on the following fee schedule for investment tax credit reviews for historically significant properties under the Federal Investment Tax Credit Program or other programs requiring review of compliance with federal guidelines.

A fee of $250 is authorized for review of proposed or ongoing rehabilitation work for all projects. Fees for review of completed rehabilitation work is based on the dollar amount spent on the rehabilitation as follows:

      FEE            SIZE OF REHABILITATION

     $  500          $    5,000 to $ 99,999
     $  800          $  100,000 to $499,999
     $1,500          $  500,000 to $999,999
     $2,500          $1,000,000 or more

If a review of proposed or on-going rehabilitation work has been made prior to submission of the Request for Certification of Completed Work, the Department will deduct the $250 from the total owed for review of completed rehabilitation work. In general, each rehabilitation of a certified historic structure will be considered a separate project when computing the amount of the fee.

Revenues from these fees will be retained, carried forward and used by this department for Historic Preservation programs assisting historic properties throughout South Carolina.

Revenues received from application fees for reviewing and certifying the rehabilitation work on historic properties under the review compliance program will be retained by the agency.

25.1. (CRR: Artifacts Disposition) No artifacts in the collection and exhibits of the Confederate Relic Room shall be permanently removed or disposed of except by a Concurrent Resolution of the General Assembly.

25.2. (CRR: Confederate Relic Room Location) Notwithstanding Act 313 of 1919 and Section 59-117-60, Code of Laws of 1976, the War Memorial Building erected at the corner of Sumter and Pendleton Streets in the City of Columbia shall continue to be used by the Confederate Relic Room and further utilization of the building shall be arranged between the University of South Carolina and the Director of the Confederate Relic Room.

26.1. (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 1990, as aid to the County Library. No county shall be allocated less than $15,000 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.

26.2. (LIB: On-Line Reference Service Fees) The State Library shall charge fees for actual costs of "on-line reference services" and retain the fees to offset the costs of the services. These fees may be waived for county libraries.

26.3. (LIB: Exempt Across-the-Board Reduction) In the calculation of any across-the-board cut mandated by the Budget and Control Board or General Assembly, the amount which the State Library pays to South Carolina Heritage Associates for rent in the Mt. Vernon Mill shall be excluded from the State Library's base budget.

27.1. (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 129.23 of this Act.

27.2. (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.

27.3. (ARTS: Indirect Cost) The Commission is allowed to apply a 15% 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.

27.4. (ARTS: Grant Funds Equitable Disbursement) The Commission shall make every effort to disburse state and federal grant funds to counties in the most equitable manner possible. Counties that have demonstrated initiative in seeking support and developing arts programs are to be given consideration when funds are disbursed.

28.1. (MUSM: Duplicate Materials) The Commission may give (away) 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.

28.2. (MUSM: Removal From Collections) The Commission may remove objects from its museum collections by gift to another public or nonprofit institution, by trade with another public or nonprofit 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 S. C. 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. All organizations which belong to the South Carolina Federation of Museums must be notified and provided a list of the objects requested for removal.

28.3. (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.

28.4. (MUSM: Traveling Exhibits Fees) The Museum Commission may charge a fee for Traveling Exhibits and seminars and that the Commission may retain such funds and use them to offset the cost of maintaining, promoting, and improving the Statewide Services Program, 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.

28.5. (MUSM: Retention of Revenue) The Museum Commission may retain revenue received from admissions, program fees, facility rentals, and other miscellaneous operating income and may expend such revenue for general operating expenses provided that such expenditures are approved by the General Assembly in the annual appropriations act. Any unexpended revenue from these sources may be carried forward into the current fiscal year to be expended for the same purposes.

28.6. (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 which the Commission pays to the South Carolina Heritage Associates for rent of the Museum's rent shall be excluded from the Museum's base budget.

29.1. (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 Medicaid and Social Services Block Grant Federal liabilities. The restricted fund will derive from prior year program refunds. The restricted fund shall not exceed one-half of one percent of the Medicaid and Social Services Block Grant total appropriation authorization for the current year. Amounts in excess of one-half of one percent will be remitted to the General Fund.

29.2. (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.

29.3. (DHHS: Medical Assistance Audit Program Remittance) The Department of Health and Human Services shall remit to the General Fund 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 17P. Such amount shall also include appropriated salary adjustments and employer contributions allocable to the Medical Assistance Audit Program. Such remittance to the General Fund shall be made monthly and based on invoices as provided by the State Auditor's Office of the Budget and Control Board.

29.4. (DHHS: Medicaid Income Limitation) The income limitation for the Medicaid Program shall continue to be three hundred percent of the SSI single payment maximum.

29.5. (DHHS: Third Party Liability Collection) The Department of Health and Human Services is allowed to fund the net costs of contracting for any Special Third Party Liability collection efforts from the monies collected in that effort.

29.6. (DHHS: Services Integration Efforts) The funds appropriated in II D shall be utilized for services integration efforts.

29.7. (DHHS: Medicaid State Plan) Where the Medicaid State Plan is altered to cover services that previously were provided by 100% state funds, the Department can bill other agencies for the state share of services provided through Medicaid. The Department will keep a record of all services affected and submit periodic reports to the House Ways and Means and Senate Finance Committees.

29.8. (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. To the extent that any disproportionate share funds authorized under this section exceed a specific hospital's cost, such funds must be spent on health care services by a governmental entity. These funds must be used to reimburse the hospital for expenses in providing uncompensated indigent care.

29.9. DELETED

29.10. (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.

29.11. (DHHS: Medicaid Disallowances) The Department is authorized to receive and retain, in an earmarked account, on deposit with the State Treasurer, funds that derive from prior year refunds or cost settlements pertaining to Departments of Mental Health and Disabilities & Special Needs. These funds will be used to pay for Medicaid disallowances for these agencies.

29.12. (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 to protect the life, health, and property of patients in nursing homes, including payment for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of deficiencies or closure.

29.13. (DHHS: Reimbursement Formula Changes) To the extent the Department can increase Medicaid federal matching funds through changes in reimbursement formulas for other state providers, the Department, with the permission of the state providers, is authorized to retain these funds in an earmarked account on deposit with the State Treasurer and use these funds to cover unanticipated increases in Medicaid expenditures. The Department should not hold any other state provider liable for disallowances resulting from these changes. Any funds realized as a result of this proviso shall be reported as part of the following year budget process.

29.14. (DHHS: Primary Prevention Strategy) Funds appropriated in the prior year's Appropriation Act for the Statewide Primary Prevention Strategy may be carried forward and spent in the current fiscal year.

29.15. DELETED

29.16. DELETED

29.17. (DHHS: Substitute Home Program) It is the intent of the General Assembly that $250,000 appropriated herein be used as match to implement a waiver proposal for the development of substitute home programs in South Carolina. Services will be restricted to 300 persons who will be eligible for enhanced residential care facility, assisted living and adult foster care services. Individuals served must meet the nursing home level of care criteria.

29.18. (DHHS: Managed Care Waiver) The Insurance Law of South Carolina and the regulations promulgated thereunder shall not apply to partially capitated, primary care providers, insofar as such groups or individuals are defined by and agree to provide health care services under South Carolina's Managed Care Medicaid Waiver.

29.19. (DHHS: Health Benefit Plan Demonstration Project) The Health Benefit Plan Demonstration Project is exempt from the provisions of Title 38 of the 1976 Code and regulations promulgated by the Chief Insurance Commissioner.

30.1. (DHEC: County Health Departments Funding) Out of the appropriation provided in this section for "Public Health Districts", 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.

30.2. (DHEC: County Special Projects) Counties may continue to fund special projects in conjunction with the County Health Departments. Salaries for county special project employees, including merit increases and fringe benefits, shall be totally funded by the county(s) involved. County special project employees shall not be under the state merit system or state compensation plan and they shall receive their compensation directly from the county(s).

30.3. (DHEC: County Health Units) Federal 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 and the amount of State funds appropriated herein for "Public Health Districts", except for salary increases, shall be allocated on a basis such that no county budget shall receive less than the amount received in the prior fiscal year.

30.4. (DHEC: Camp Burnt Gin) Private donations or contributions for capital improvements at Camp Burnt Gin shall be deposited in a restricted account and carried forward until sufficient amounts are available for such improvements. Any expenditures from the account must first be approved by the Budget and Control Board and the Joint Bond Review Committee.

30.5. (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.

30.6. (DHEC: Cancer/Hemophilia) Notwithstanding any other provisions of this act, the funds appropriated herein for cancer treatment services ($1,227,522) and the hemophilia assistance program, ($67,148) 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.

30.7. (DHEC: Speech & Hearing) The Department of Health and Environmental Control shall utilize so much of the funds appropriated in this section as may be necessary to continue the Speech and Hearing programs.

30.8. (DHEC: Local Health Departments) As of July 1, 1981, the 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. Any year-end lapsed monies which result from this provision shall be returned to the appropriate county at the end of FY 91.

30.9. (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 the following programs: Health Promotion, Preventive Health Services, and Maternal and Child Care.

30.10. (DHEC: Salary Supplements) No county shall supplement the salary of any DHEC employee during the current fiscal year except for those DHEC employees which received a salary supplement during the prior fiscal year.

30.11. (DHEC: Emergency Medical Services) Funds appropriated herein for Emergency Medical Services, shall be allocated to the Counties for the purpose of improving or upgrading the system, and shall be allocated to the EMS-Regional Councils for administration of training programs and technical assistance to the local EMS units and the funds shall be allocated by a ratio of 45 percent to the counties and 55 percent to the EMS Regional Councils. The Department of Health and Environmental Control shall develop guidelines and administer the system to make allocations within each region based on demonstrated need and local match. The $1 million increase provided herein shall not require local match and local match shall not be a factor in determining the allocation. The $1 million increase shall be allocated by a ratio of 81 percent to counties, 12 percent to EMS Regional Councils and 7 percent to the state EMS office. Funds appropriated ($2,016,553) to Emergency Medical Services shall not be transferred to other programs within the Department's budget. 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.

30.12. (DHEC: Rape Crisis Centers) Of the amounts appropriated in Primary Care-Case Services, $545,430 shall be used for rape crisis centers around the state. Distribution of funds shall be based on DHEC Rape Crisis services standards and expenditures monitored by DHEC.

30.13. (DHEC: Sickle Cell Blood Sample Analysis) $16,000 is appropriated in Maternal and Child Care 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.

30.14. (DHEC: Sickle Cell Programs) $469,711 is appropriated for Sickle Cell program services, 47% is to be designated for the Community Based and Newborn Screening Programs (Sickle Cell) and shall be apportioned as follows:

(1) 48% is to be divided equally between the existing Community Based Sickle Cell Programs located in Spartanburg and Columbia; and

(2) 52% is for the Community Based Sickle Cell Program in Charleston.

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 Children's Rehabilitative Services 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. 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.

30.15. DELETED

30.16. (DHEC: Genetic Services) The sum of $235,218 appearing under the Maternal and Child Care Section 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.

30.17. (DHEC: Hazardous Waste Health Inspectors) The Department of Health and Environmental Control shall assign a full-time health inspector to serve at commercial hazardous waste treatment, storage, and disposal facilities located in South Carolina for the purpose of assuring the protection of the health and safety of the public by monitoring the receipt and handling of hazardous waste at these sites. The Department shall implement a fee schedule to cover the costs of implementing this inspection program to be collected from such inspected facilities.

30.18. (DHEC: Revenue Carry Forward Authorization) The Department of Health & 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, 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 used motor oil and batteries, etc., and collection of registration fees for non-DHEC employees.

30.19. (DHEC: Pharmacist Permits) The Department of Health and Environmental Control shall be exempted from the requirements of Section 40-43-370 of the 1976 Code of Laws, as amended, as it relates to the requirement that a pharmacist employed by the Department may supervise no more than two adjacent districts. The Department of Health and Environmental Control shall not be exempt from any other provisions of Section 40-43-370.

30.20. (DHEC: Sell Surplus Real Property) That the Department is hereby authorized to sell surplus real property in Florence County and use the proceeds of such sale, less the expenses required for the sale, to provide necessary physical plant and facilities for the county and district Health Department as well as other health services agencies located in Florence County.

30.21. (DHEC: Public Swimming Pool Inspection Fee) The Department shall implement an annual fee schedule for the inspection of public swimming pools not to exceed the cost of operating the Recreational Water Program in the prior fiscal year. All revenue collected in this program shall be deposited to the General Fund.

Type of Facility               Fee Type                          Fee ($)

Wading, kiddie,                Construction Permit               $200 plus
spraying, swimming,                                              $0.20 per
diving, treatment,                                               sq. ft.
therapeutic, spa,                                                of surface
hot tub pools                                                    area

Sliding, floating,             Construction Permit               $500 per
rafting pools                                                    flume

Wading, kiddie,                Operating Permit                  $90 first
spraying, swimming,                                              pool plus
diving, treatment,                                               $50 each
therapeutic, spa,                                                add'l pool*
hot tub pools

Sliding, floating              Operating Permit                  $50 per
rafting pools                                                    flume

* The $100 base fee for first pool must be applied to each property unless such property is contiguous or separated only by a street, alleyway, walk-way, highway or other public right of way.

30.22. (DHEC: Environmental Fees) The Department of Health and Environmental Control is hereby granted authority to charge annually for environmental permits, licenses, or certificates required by the Department under the Pollution Control Act, the Safe Drinking Water Act, the Hazardous Waste Management Act, the Oil and Gas Act, the Atomic Energy and Radiation Control Act, or Department regulations.

Schedule of Fees

(1) Water Pollution Control

(a) Annual fees for NPDES and State Construction Permits for Land Application Systems

Type of Facility                                     Permit Fee ($)

 WASTEWATER TREATMENT
 --Major Facility                                    $1,200
 (Flow greater than 2,000,000 gal/day)
 --Major Facility                                    $  900
 (Flow 1,000,000 - 1,999,999 gal/day)
 --Minor Facility                                    $  750
 (Flow 500,000 - 999,999 gal/day)
 --Minor Facility                                    $  600
 (Flow 100,000 - 499,999 gal/day)
 --Minor Facility                                    $  450
 (Flow 50,000 - 99,999 gal/day)
 --Minor Facility                                    $  300
 (Flow 0 - 49,999 gal/day)
 --Multiple Discharge Permits                        $  900 PLUS
                                                     $  450/Discharge
 (Greater than 5 Discharge Points)                   Over 5

(b)  Water Quality Certification
      Application Fees
     (i)   Federal and Coastal Zone
           Certification                              $  500
     (ii)  State, Non-Coastal Zone
           Certification                              $   75
(c)  Construction Permit Fees
     (i)   Pretreatment Systems                       $  600
     (ii)  Collection Systems
           (a)  Nondelegated Program                  $  250
           (b)  Delegated Program                     $   75

 WATER SUPPLY OPERATING PERMIT
 --Major Facility                                     $  800
 (Serving more than 10,000 people)
 --Major Facility                                     $  600
 (Serving 5,000 - 10,000 people) 
 --Minor Facility                                     $  150
 (Serving 1,000 - 4,999 people)  
 --Minor Facility                                     $   50
 (Serving less than 1,000 people)

Hazardous Waste Units                                 $  600

Fees and Expenses collected by this process shall be deposited in the General Fund.

(2) Air Pollution Control - Pursuant to the 1990 amendments of the Federal Clean Air Act the source owner or operator must pay an annual permit fee of $25 plus Consumer Price Index per ton of regulated pollutant based on actual emissions during calendar year 1992. Funds generated from these fees shall be retained by the agency to be used to implement the Air Quality program and provisions of the Federal Clean Air Act. No fee will be assessed for emissions in excess of 4,000 tons per year per pollutant.

(3)  Laboratory Services
     (a)   Application Fee - $100.00
     (b)   Minimum Annual Fee (per laboratory) - $100.00
     (c)   Clean Water Act (CA) Inorganics - $20.00 per parameter
     (d)   Safe Drinking Water Act (SDWA) Inorganics - $20.00 per parameter
     (e)   SDWA "Secondary" Inorganics - $20.00 per parameter
     (f)   CWA Organics
           (i)   PCBs and Pesticides - $250.00 per sub-group 
           (ii)  Herbicides - $250.00 per sub-group
           (iii) Volatiles - $250.00 per sub-group
           (iv)  Semi-Volatiles - $250.00 per sub-group
           (v)   Dioxins and Furans - $250.00 per sub-group
     (g)   SDWA Organics
           (i)   Trihalomethanes - $250.00
           (ii)  Synthetic Organic Compounds - $500.00
           (iii) Volatiles - $500.00
     (h)   Microbiology
           (i)   Total Coliform - $50.00
           (ii)  Fecal Coliform - $50.00
           (iii) Fecal Steptococci - $50.00
     (i)   Biology
           (i)   Toxicity Testing - $500.00/Species
           (ii)  Taxonomy - $250.00
     (j)   Solid and Hazardous Wastes (SW-846 Methods) Should a laboratory
           wish to be certified to perform analyses using SW-846 Methodology and
           that laboratory has paid fees to the Program to perform analogous
           analyses under the CWA and/or SDWA, the laboratory will only be
           assessed an annual fee of $500.00.  However, should a laboratory wish
           to perform analyses using SW-846 Methodology only, that laboratory
           will be assessed an annual fee according to the formats listed for the
           CWA and the SDWA parameters, as applicable.

(4)  Radioactive Material Licenses - Annual Fees
     (a)   Low-Level Radioactive Waste Disposal                  $275,000
     (b)   Radioactive Material Manufacturing/Processing         $ 27,000
     (c)   Decontamination Facilities                            $  3,000
     (d)   Industrial Radiography under Reciprocity              $    500
     (e)   Low-Level Waste Consolidation                         $ 25,000
     (f)   Low-Level Waste Processing                            $ 50,000

All other radioactive material fees shall remain as listed in Regulations 61-63 and 61-68.

30.23. (DHEC: Safe Drinking Water Act) In order to comply with the provisions of the federal Safe Drinking Water Act, the Department is authorized to collect a fee from each public water system. The fee must be based upon the number of taps through which the system provides water to its customers. The fees collected must be returned to the department for the purposes of implementing the Safe Drinking Water Act Regulatory Program including engineering plan review, compliance inspections, and enforcement; and for providing technical assistance and monitoring and laboratory analytical services for the public water systems of the State. The fee shall be as follows:

COMMUNITY AND NON-TRANSIENT NON-COMMUNITY WATER SYSTEMS

  Fee =    Program Administration Component + Distribution Monitoring
           Component + Source Monitoring Component

  Fee =    $12.00 x (# Taps Up To 10) + $8.00 x (# Taps From 11 To 25) +
           $6.40 x (# Taps From 26 To 50) + $4.80 x (# Taps From 51 To 100)
           + $3.20 x (# Taps From 101 To 500) + $2.40 x (# Taps From 501 To
           1,000) + $1.60 x (# Taps From 1,001 To 5,000) + $1.20 x (# Taps
           From 5,001 To 10,000) + $0.75 x (# Taps From 10,001 To 15,000) +
           $0.40 x (# Taps From 15,001 To 25,000) + $0.25 x (# Taps From
           25,001 To 50,000) + $0.15 x (# Taps From 50,001 To 100,000) +
           $0.10 x (# Taps Greater Than 100,000) 

           + $175 (Systems Serving Up To 100 Taps); Or, $500 (Systems Serving
           101 To 1,000 Taps); Or, $2,500 (Systems Serving 1,001 To 15,000
           Taps); Or, $5,000 (Systems Serving Greater Than 15,000 Taps)

           + [($250 x (# GW Sources)) + ($500 x (# SW Sources))] [Up To 25
           Taps]; Or, [($400 x (# GW Sources)) + ($800 x (# SW Sources))]
           [From 26 To 100 Taps]; Or, [($1,000 x (# GW Sources)) + ($2,000 x
           (# SW Sources))] [Greater Than 100 Taps]; Or, [Maximum $5,000]

SYSTEM SIZE                   PROGRAM ADMINISTRATION   
(NUMBER OF TAPS)            (BASE AMOUNT + RATE PER TAP)
                            BASE        RATE PER TAP  

1        To   10            $0          $12.00   First 10 Taps
11       To   25            $120        $8.00    Taps 11 To 25
26       To   50            $240        $6.40    Taps 26 To 50
51       To   100           $400        $4.80    Taps 51 To 100
101      To   500           $640        $3.20    Taps 101 To 500
501      To   1,000         $1,920      $2.40    Taps 501 To 1,000
1,001    To   5,000         $3,120      $1.60    Taps 1,001 To 5,000
5,001    To   10,000        $9,520      $1.20    Taps 5,001 To 10,000
10,001   To   15,000        $15,520     $0.75    Taps 10,001 To 15,000
15,001   To   25,000        $19,270     $0.40    Taps 15,001 To 25,000
25,001   To   50,000        $23,270     $0.25    Taps 25,001 To 50,000
50,001   To   100,000       $29,520     $0.15    Taps 50,001 To 100,000
100,001  And Above          $37,020     $0.10    Over 100,000

    SYSTEM SIZE         DISTRIBUTION             SOURCE MONITORING
    (NO.OF TAPS)         MONITORING              (RATE PER SOURCE)
                        (FIXED RATE)             GROUNDWATER    SURFACE WATER

     1   To   10            $175                 $250           $500
    11   To   25            $175                 $250           $500
    26   To   50            $175                 $400           $800
    51   To   100           $175                 $400           $800
   101   To   500           $500                 $1,000         $2,000
   501   To   1,000         $500                 $1,000         $2,000
 1,001   To   5,000         $2,500               $1,000         $2,000
 5,001   To   10,000        $2,500               $1,000         $2,000
10,001   To   15,000        $2,500               $1,000         $2,000
15,001   To   25,000        $5,000               $1,000         $2,000
25,001   To   50,000        $5,000               $1,000         $2,000
50,001   To   100,000       $5,000               $1,000         $2,000
100,001 And Above           $5,000               $1,000         $2,000

                         OTHER PUBLIC WATER SYSTEMS

Transient Non-Community Systems:                                   Fee = $250
Systems Serving More Than 1 Tap But Less Than 15 Taps 
    and Serving Less Than 25 People:                               Fee = $150
Systems Serving 1 Tap and Serving Less Than 25 People:             Fee = $100
Vending Machines:                                                  Fee = $ 50

For the purposes of this fee schedule, tap is defined as a service connection, the point at which water is delivered to the consumer (building, dwelling, commercial establishment, camping space, industry, etc.) from a distribution system, whether metered or not and regardless of whether there is a user charge for consumption of the water.

The Department shall submit an annual report to the Senate Finance Committee, House Ways & Means Committee, South Carolina Section American Water Works Association and the Municipal Association detailing activities funded from safe drinking water fees. The report shall include the amount of fees collected from each waterwork and the listing of expenditures from those fees. The expenditures shall be accompanied by a list of benefits the waterworks receive from the State as a result of the fees. In providing monitoring and laboratory analytical services, DHEC will consider least cost alternatives including contracting with private laboratories when appropriate. DHEC shall include all applicable direct and indirect costs in developing cost comparisons with private laboratories. In providing monitoring and laboratory analytical services, DHEC will consider least cost alternatives including contracting with private laboratories when appropriate. DHEC shall include all applicable direct and indirect costs in developing cost comparisons with private laboratories.

30.24. (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 3,900,000.

30.25. (DHEC: Infectious Waste Health Inspectors) The Department of Health and Environmental Control shall assign full-time health inspectors to serve at commercial incinerators which dispose of infectious waste for the purpose of assuring the protection of the health and safety of the public by monitoring the receipt, handling and disposal of infectious waste at these sites. The Department shall implement a fee of up to $5.00 per ton of infectious waste to cover the costs of implementing this inspection program, not to exceed $150,000, to be collected quarterly from such inspected facilities to be deposited in the General Fund.

30.26. (DHEC: Septic Tank & Food Service Permits) The Department shall charge a septic tank permit fee of $60.00. This fee shall be paid prior to the issuance of any septic tank permit. The Department shall charge annual permit fees for food service establishments, retail food stores and convenience stores. Retail food stores or food service establishments obtaining a permit for the first time shall be charged a permit fee of $60.00; convenience stores obtaining a permit for the first time shall be charged a fee of $20.00. These fees must be paid prior to the issuance of a permit. After the first year, renewal permit fees shall be based on gross sales of food and food products for the facility's previous business year as follows:

           Gross Sales                             Annual Fee

          $1 to 299,999                            $60.00
          $300,000 to 2,999,999                    $70.00
          $3,000,000 or more                       $80.00

Annual fees for convenience stores shall be $20.00 regardless of sales. The Department shall revise the annual permit fee schedule for food service establishments and retail food stores to provide for additional breakdowns.

Annual renewal fees shall be due thirty (30) days from the billing date. A penalty charge of $10.00 for convenience stores and $30.00 for all other facilities shall be assessed for permit fees that are past due. A second penalty shall be assessed for permit fees sixty (60) days past due.

Owners of food service establishments and retail food stores shall furnish previous business year sales information on request of the Department.

The following food service establishments and retail food stores shall be exempt from fee charges:

Food service establishments that are operated by a public or private school (kindergarten through grade 12); or are operated by a child care facility.

Food service establishments at health care facilities that are regulated by the Department's Deputy Commissioner for Health Regulation.

Food service establishments that are operated by other state agencies or local governments that provide food for patients, clients or inmates.

Food service establishments or retail food stores that are operated by non-profit organizations for the purpose of providing meals or food to needy persons at little or no cost; or for the purpose of raising money for a charitable purpose.

An entity claiming an exemption from fee charges may be required to submit annually to the Department written evidence that it meets one or more of the above criteria.

30.27. (DHEC: Vital Records Fees) The Department of Health and Environmental Control shall revise fees for Vital Records. The following fee schedule shall be implemented effective July 1, 1991 and the revenue generated shall be retained and expended by the agency to offset the cost of operations of the Vital Records System.

Records Search (includes one certification, if located) . . . . . . . .$ 8.00
Additional similar certifications of the same record ordered at the
     same time. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3.00
Expedited service (additional to other required fees) . . . . . . . . .$ 5.00
Index Verification for Government Agencies. . . . . . . . . . . . . . .$ 2.00

Special Filing Fees (additional to research fee)
(1)  Correction of certificate by affidavit . . . . . . . . . . . . . .$10.00
(2)  Amended certificate (adoption, legitimation, court order,
     paternity acknowledgement) . . . . . . . . . . . . . . . . . . . .$10.00
(3)  Delayed Registration of Birth. . . . . . . . . . . . . . . . . . .$10.00

Fees collected at the county health departments for records searches, amendments of records, delayed birth registration and additional copies of the same record requested at the same time shall be distributed as follows: 50% to the county health department and 50% to Vital Records Central Office.

30.28. (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.

30.29. (DHEC: Controlled Substances Registration Fees) Provided, that the fees assessed for registration under Title 44, Chapter 53, Article 3 of the amended Code (the Controlled Substances Act) and set forth under Paragraph 103 of R61-4 of the amended Code shall be increased as follows:

(1) The fees set in R61-4, Paragraph 103(a), (c), (d), (e), and (h) at $75.00 per annum are increased to $100.00 per annum.

(2) The fees set in R61-4, Paragraph 103(b) at $75.00 per annum are increased to $275.00 per annum.

(3) The fees set in R61-4, Paragraph 103(f) at $360.00 per annum are increased to $600.00 per annum.

(4) The fees set in R61-4, Paragraph 103(g) at $240.00 per annum are increased to $500.00 per annum.

(5) The Department of Health and Environmental Control shall modify R61-4, Paragraph 103 to conform to the fees set forth in this proviso.

(6) This proviso shall become effective for the 1992-1993 registration period and shall continue in force until modified by revision of R61-4, Paragraph 103.

30.30. (DHEC: Medical & Dental Loan Program) Notwithstanding other provisions of law, unobligated funds in the Medical & Dental Loan program may be expended for other health service programs.

30.31. (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.

30.32. DELETED

30.33. DELETED

30.34. (DHEC: Nursing Home Medicaid Bed Day Permit) Beginning July 1, 1993, 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.

30.35. DELETED

30.36. DELETED

30.37. (DHEC: Excess Infectious Waste Contingency Fund) For Fiscal Year 1993-94, if the balance in the Infectious Waste Contingency Fund created pursuant to Section 44-93-170 exceeds $325,000, the excess must be credited to the respective county accounts in amounts proportionate to each county's share of fees deposited in the fund. The excess funds credited to the counties must be used for funding local health care and public service projects.

30.38. (DHEC: SC Mining Council) The amount appropriated in this section for "Mining and Reclamation", "Per Diem" and "Travel" may be used for reimbursement of expenses and per diem for the South Carolina Mining Council.

30.39. (DHEC: Mining Fees) The Department shall be authorized to assess and collect application fees and other fees associated with the implementation of the S.C. Mining Act. Authorized fee categories and amounts are as follows:

   A.   Mining Permit Application Fee............    $500.00
   B.   Mining Permit Renewal Fee................    $250.00
   C.   Substantial Permit Modification Fee......    $250.00
   D.   Mining Permit Transfer Fee...............    $ 50.00

All authorized fees must be received with the appropriate application by the Unit and shall be non-refundable to the applicant.

As part of the Annual Reclamation Report required pursuant to Section 48-20-120 of the S.C. Mining Act, the Department shall be authorized to assess and collect an annual operating fee of one hundred twenty-five dollars ($125) for each mine with an operating permit. The Department may assess a late fee of fifty dollars ($50) per month for each month the annual reclamation report and/or annual operating fees are delinquent. All fees generated pursuant to this proviso shall be remitted to the general fund.

30.40. (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.

30.41. (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. Any unexpended balance on June 30, of the prior fiscal year would be carried forward into the next fiscal year and expended for the same purposes.

30.42. (DHEC: Performance Bond Forfeiture Revenue Carry Forward) The Department is authorized to retain and expend revenue derived from forfeiture of performance bonds to cover the cost of restoring damaged critical areas. Any unexpended balance on June 30, of the prior fiscal year would be carried forward into the next fiscal year and expended for the same purposes.

30.43. (DHEC: Special Permits) Notwithstanding any other provisions of law or Rule and Regulation where the State of South Carolina is exposed to compensation requirements of the Constitutions, the Department is hereby authorized to issue special permits pursuant to Section 48-39-290(D) for habitable structures not to be larger than 5,000 square feet of heated space.

30.44. (DHEC: Family Planning) A minimum of $1,075,000 shall be used to provide outreach and services to prevent teenage pregnancy, and to provide long acting or permanent forms of contraception such as implants, injections or sterilization. Every effort should be made to maximize the Medicaid family planning match rate (90% Federal/10% state) to implement these services/activities. Additional funding may be derived from savings in the maternity program.

30.45. DELETED

30.46. (DHEC: Permit Application) Permit Application fees collected pursuant to Section 48-39-145 of the 1976 Code must be retained by the department and used to establish the Coastal Resources Access Fund to be administered by the Office of Ocean and Coastal Resource Management. The office shall make matching grants from the fund on a 50/50 basis to local governments in the South Carolina Coastal Zone for projects which enhance the public's use and enjoyment of coastal resources.

30.47. (DHEC: Construction, Demolition, and Land-Clearing Debris Landfills) The department may not expend funds from any source to implement or enforce or implement and enforce any of the provisions of R.61-107.11, entitled Solid Waste Management: Construction, Demolition, and Land-Clearing Debris Landfills, or any provisions of Part III of the proposed amendments to this regulation approved in draft form by the Board of Health and Environmental Control on April 14, 1994, as these provisions apply to landfills managing construction, demolition, and land-clearing debris generated in the course of normal operations on property under the same ownership or control as the landfill, until separate regulatory requirements are promulgated and in effect for these landfills.

30.48. (DHEC: Superb Fund Transfer) Notwithstanding any other provision of law, DHEC is authorized to make interfund transfers from July 1, 1994, through May 1, 1995, sufficient for the department to make orderly payment of obligations of the Superb Fund as provided in Chapter 2, Title 44 of the 1976 Code. With respect to payments made from these transfers and notwithstanding any other provisions of law, DHEC may negotiate the payment terms and conditions in the best interests of the State.

31.1. (DMH: Medicare Revenue) All Federal Funds received by the Department of Mental Health from patients' Medicare benefits shall be considered as patient fees under the provision of Act No. 1276 of the 1970 Acts (provision for the issuance of bonds to be repaid from patient fees) 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 $3 million of all Medicare Revenue earned prior to July 1, 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.

31.2. (DMH: Paying Patient Account) Notwithstanding any other provision of law and in addition to other payments provided in Part I of this Act, the Department of Mental Health is hereby directed during the current fiscal year to remit to the General Fund of the State the amount of $3,800,000 to be paid from the surplus funds in the paying patient account which has been previously designated for capital improvements and debt service under the provisions of Act 1276 of 1970.

31.3. (DMH: Patient Fee Account) Notwithstanding any other provisions of law and 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, $10,000 for the Alliance for the Mentally Ill, $250,000 for S.C. SHARE Self Help Association Regarding Emotions, $50,000 for Palmetto Pathways, $50,000 for New Day Clubhouse and up to $685,000 for day-to-day operations at the Campbell Nursing Home , 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 shall provide an itemized budget before the receipt of funds and quarterly financial statements to the Legislative Governor's Committee on Mental Health and Mental Retardation. The South Carolina Self-Help Association Regarding Emotions shall provide an itemized budget before the receipt of funds and quarterly financial statements to the Legislative Governor's Committee on Mental Health and Mental Retardation. 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 Legislative-Governor's Committee on Mental Health and Mental Retardation, the House Ways and Means Committee, and the Senate Finance Committee. This amendment is made not withstanding other obligations currently set forth in this proviso.

31.4. (DMH: Paying Patient Fee Hall Institute) Notwithstanding any other provisions of law and in addition to other payments provided in this section, the Department of Mental Health is authorized to utilize up to $1,530,520 of the funds collected from paying patients hospitalized in the acute care units of the William S. Hall Psychiatric Institute to defray the cost of training mental health personnel and psychiatric research at that facility pursuant to Section 44-11-10(2), Code of Laws of South Carolina, 1976; these being a part of the funds previously designated for capital improvements and debt service under the provisions of Act 1276 of 1970.

31.5. (DMH: Institution Generated Funds) The Department of Mental Health is authorized to retain and expend institution generated funds which are budgeted.

31.6. (DMH: Harris Psychiatric Hospital Carry Forward) The Budget and Control Board shall authorize the Department of Mental Health to carry forward any remaining funds allocated for Harris Psychiatric Hospital in the prior fiscal year to assure full-funding of Harris Psychiatric Hospital in the current fiscal year. The Department is authorized to utilize these funds to provide for community screening and service for potential admission to Harris Psychiatric Hospital.

31.7. (DMH: VA Nursing Home Carry Forward) The Department is authorized to carry forward into the current year, funds allocated in the prior fiscal year for the operation of the Campbell Nursing Home. Funds carried forward shall be expended for the same purpose during the current fiscal year.

31.8. (DMH: Transfer of Patients to DDSN) DMH is authorized to transfer to the Department of Disabilities & Special Needs, state appropriations to cover the state match related to expenditures initiated as a result of the transfer of appropriate patients from DMH to the Department of Disabilities & Special Needs. Notwithstanding any other provisions of law and in addition to other payments as authorized in this Act, DMH is also authorized to utilize up to $500,000 from the Patient Fee Account to help defray costs of these transferees.

31.9. (DMH: Harris Hospital Funds Transfer Notification) Prior to any transfer of funds from the current budget for Harris Hospital, the Department shall notify the Chairmen of the Joint Appropriations Review Committee, the House Ways and Means Committee and the Senate Finance Committee.

31.10. (DMH: Sale of Property Revenue) The Department may retain revenues associated with the sale of property and may expend these funds on capital improvements approved by the Joint Bond Review Committee and the Budget and Control Board.

31.11. (DMH: Department Owned Housing Rental) The Department of Mental Health may charge other than fair market value for rental of department-owned housing when such rentals assist in the recruitment and training of mental health professionals.

31.12. (DMH: Transfer Hospital Earned Revenue) The Department shall remit $8,883,932 of earmarked funds to the General Fund for the current fiscal year.

31.13. DELETED

31.14. DELETED

*31.15. (DMH: School-Based Counseling Services Pilot Project) Of the funds provided herein, the Department shall jointly establish with the Department of Education a School-Based Counseling Services Pilot Project for three years, serving at least fourteen middle schools. The involved Departments shall provide an annual financial and activities statement to the Legislative Governor's Committee on Mental Health and Mental Retardation.

*See note at end of act.

32.1. (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 & 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.

32.2. (DDSN: Sale of Excess Real Property) The Department is authorized to retain revenues associated with the sale of excess Department-owned real property and may expend these funds to purchase land and construct community residences to serve the mentally retarded. In the construction of new facilities, the Department shall follow all the policies and procedures of the Budget and Control Board and the Joint Bond Review Committee.

32.3. (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.

32.4. (DDSN: Medicaid Funded Contract Settlements) The Department is authorized to carry forward and retain settlements under Medicaid-funded contracts.

32.5. (DDSN: Medicare Reimbursements) The Department may continue to budget Medicare reimbursements to cover operating expenses of the program providing such services.

32.6. (DDSN: Departmental Generated Revenue) The Department is authorized to continue to expend Departmental generated revenues that are authorized in the budget.

32.7. (DDSN: Transfer Hospital Earned Revenue)

32.8. (DDSN: Patient Day Fee) The Department may exclude Medicaid revenues from the Intermediate Care Facilities for the Mentally Retarded's patient day fee from indirect cost recovery payments.

32.9. (DDSN: Autistic Services)

33.1. (DAODAS: School Intervention Activity) $1,149,204 of the amount appropriated as "Total Distribution to Subdivisions" in Program III, Division of Programs and Services is intended to be used for the School Intervention activity and none of this sum shall be used by the Department for the employment of personnel.

33.2. (DAODAS: Training & Conference Revenue) The Department may charge fees for training events and conferences. The revenues from such events shall be deposited in the General Fund.

33.3. (DAODAS: Other Funded New Positions) The Department of Alcohol & Other Drug Abuse Services may fill the other funded personnel authorized in this section only if such funds are available at the time the new positions are to be filled.

34.1. (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.

34.2. DELETED

34.3. (DPS: Miscellaneous Revenue) Notwithstanding any other provisions of law, revenue received from the sale of meals to employees, sale of student locks and materials, sale of legal manuals and other publications, sale of miscellaneous refuse and recyclable materials, tuition from military breathalyzer courses, coin operated telephones, and revenue from canteen operations and building management services, revenue from regional and national marketing of the "Crime-to-Court" and other Department of Public Safety and E.T.V. series shall be retained by the Department and expended in budgeted operations for food services, expansion and improvement of the Department's E.T.V. program, professional training, fees and dues, and other related services or programs as the Director of the Department of Public Safety may deem necessary.

The Department of Public Safety shall report annually to the General Assembly the amount of miscellaneous revenue retained and carried forward.

34.4. DELETED

34.5. DELETED

34.6. DELETED

34.7. DELETED

34.8. (DPS: Detective/Security Fee) The Department of Public Safety is hereby authorized to charge and collect additional 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 generated will be retained by the Department and used for the purpose of providing additional security in the Capitol Complex area.

34.9. (DPS: Realign Appropriations) In consultation with the House Ways and Means Committee and the Senate Finance Committee, the Department of Public Safety is authorized to realign its Fiscal Year 1994-95 appropriations into a revised structure to reflect actual program operations.

34.10. (DPS: Revenue Generated Carry Forward) Notwithstanding any other provision of law, all revenue generated by the Department of Public Safety from the sale of vehicles, various equipment, less the cost of disposition incurred by the B & C Board Division of Operations, gasoline and insurance claims during the prior fiscal year may be retained and carried forward into the current fiscal year and expended for the purpose of purchasing like items.

34.11. (DPS: Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, authorized to be expended or used for any federal grant program may be retained and carried forward to the current fiscal year and used for matching committed and/or unanticipated grant funds.

34.12. DELETED

35.1. (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 enhance Child Support operations.

35.2. (DSS: Recovered State Funds) The Department shall withhold a portion of the State Funds recovered, under the 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 South Carolina Employment Security Commission and reimbursement for expenditures related to blood testing. Such funds may not be expended for any other purpose. The Department of Social Services be allowed to utilize the State share of Federally required application fees, collected from Non-AFDC 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.

35.3. DELETED

35.4. (DSS: Foster Children Burial) The expenditure of funds allocated for burials of foster children shall not exceed one thousand five hundred dollars per burial.

35.5. (DSS: Assistance Payments Client List) The names of persons benefiting from assistance payments under the several programs of the Department of Social Services shall be available to other state agencies, if not in conflict with federal regulations.

35.6. (DSS: Residential Care Optional Supplement) From the appropriation made herein for General Assistance, the Department will supplement the income of individuals who reside in those licensed residential care facilities that have an approved Optional Supplement Request with the Department. Individuals who reside in those residential care facilities with approved Optional Supplement Requests must also qualify as aged, blind or disabled under the definitions of Public Law 92-603, U.S. Code, or who would qualify except for income limitations or residence in a residential care facility reclassified as a public institution by the Social Security Administration. For the period of the current fiscal year, the Department will, based on availability of funds, supplement the income of the above defined group up to a maximum of $732.00 per/month and the residential care facilities are authorized to charge a fee of $699.00 per/month for the defined group. The Department will allow each individual in the defined group a $33.00 per/month personal needs allowance. If the federal government grants a cost of living increase to Social Security and Supplemental Security Income recipients, the Department will reduce the Optional Supplement by the amount of the cost of living income. The Department shall establish the maximum number of Optional Supplement Requests that can be funded from the funds appropriated herein and the payments shall be made to those individuals who reside in residential care facilities with assigned slots. If a resident should decide to leave a residential care facility prior to the end of a month in which payment is made, there will be no refund except in a case of a medical emergency. The Department of Health and Environmental Control, in conjunction with the Residential Care Committee as established under Section 44-7-370 of the 1976 Code, as amended, and in consultation with the House Ways and Means Committee and the Senate Finance Committee shall conduct a study of the feasibility of establishing a certificate of need program for residential care facilities. A report must be issued no later than January 10, 1995.

35.7. (DSS: Child Day Care Facilities) Notwithstanding the provisions of Act 184 of 1977 as amended relating to child day care facilities, the Department is granted the authority to grant provisional licenses, provisional approvals and provisional registrations to new facilities covered under Articles II, III, and V of Act 184 of 1977 as amended for a period no longer than a year and to grant or extend provisional licenses, provisional approvals and provisional registrations to existing facilities covered under Articles II, III, and V of Act 184 of 1977 as amended but in no case beyond July 1, of the next fiscal year.

35.8. (DSS: Employee Supplement) No county shall supplement the salary of any DSS employee.

35.9. (DSS: Battered Spouse Funds) Appropriations included in Subprogram II E 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.

35.10. (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.

35.11. (DSS: Accounts Receivable Procedures) The Department of Social Services will establish, and collect accounts receivable in accordance with appropriate and applicable Federal regulations.

35.12. (DSS: Attorney or Guardian Ad Litem Fees) Effective July 1, of the current fiscal year, any monies appropriated for the payment of attorneys' fees or Guardian ad Litem fees in either abuse and neglect, termination of parental rights, or judicial review cases arising under Section 20-7-480, et. seq. of the SC Code of Laws, (1976, as amended), and adult protective services cases under Section 43-29-10, et. seq. of the SC 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's budgetary limitations and specific funds allocated for such purposes. No other fees or costs associated with the above referenced cases shall be paid unless expressly authorized by statute, court rules or DSS policy and provided that sufficient funds have been allocated for such purposes.

35.13. (DSS: AFDC Advance Funds) The Department of Social Services is authorized to advance sufficient funds during each fiscal year from the Aid to Families with Dependent Children Assistance Payments general fund appropriations to the Aid to Families with Dependent Children 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.

35.14. (DSS: Fee Schedule) The Department of Social Services 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 approved by the Budget and Control Board. The fees collected shall be utilized by the Department of Social Services to further develop and administer these program efforts.

35.15. (DSS: Mentally Disabled Supplement) From the appropriation made herein for General Assistance, the Department may elect to supplement the income of individuals who reside in foster homes or supported independent living arrangements certified by the Department of Mental Health and who qualify as mentally disabled under the definitions of Public Law 92-603, U. S. Code, or who would qualify except for income limitations with the supplement being at the same rate as for other individuals who qualify for General Assistance. The Department shall contract with the Department of Mental Health to ensure that the payments of General Assistance to persons who would not otherwise qualify except for this proviso shall be transferred to the Department from the appropriations made to the Department of Mental Health.

35.16. (DSS: Work Support/Teen Companion Programs) The Department of Social Services shall be allowed to transfer into the Administrative area of the Work Support/Teen Companion Programs, documented savings generated from reduced AFDC Assistance Payments Caseloads as a result of these programs.

35.17. (DSS: Electronic Benefits Transfer System) The funds appropriated herein for the Electronic Benefits Transfer System Pilot Project (EBT) shall be used for the development, start-up, and evaluation of the pilot. The Department of Social Services is directed to develop a request for proposals to pilot an Electronic Benefits Transfer System and implement the pilot project. The agency shall submit a status report on the implementation of the system to the members of the Alternate Electronic Funds Transfer System committee by July 1, 1994.

35.18. (DSS: Medicaid Application) It is the intent of the General Assembly to encourage persons to apply for Medicaid coverage, for the application process to be as simple as possible, and for workers to assist applicants as much as possible in completing the application process. The Department of Health and Human Services shall work with the Department of Social Services to develop a training package for Medicaid workers for use in the county offices. Training would include substantive information on the Medicaid eligibility determination process as well as training in relating to clients and applicants. Training and Medicaid management reports should be developed for county directors to enable them to manage their Medicaid staff.

35.19. (DSS: Medicaid Program Employees) The Department of Health and Human Services shall work with the Department of Social Services and contractually establish by slot number, location, and specific cost center those positions who are dedicated to work in the Medicaid program.

35.20. (DSS: Food Stamp Fraud) The state portion of funds recouped from the collection of recipient claims in the AFDC 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. The remaining funds will be used by the Department to fund our Food Stamp Reinvestment Plan and other program operations.

35.21. (DSS: Day Care Centers) The Department shall continue the direct operation of day care centers in Colleton and Charleston counties as long as the centers operate solely on revenues generated from fees or vouchers and without a subsidy from state funds appropriated to the Department.

35.22. (DSS: AFDC - Immunizations Certificates) The Department shall require all AFDC 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.

35.23. (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 SC Code of Laws, 1976, as amended, and adult protective service cases under Section 43-35-10(9), et. seq. of the SC Code of Laws, 1976, as amended, shall only be paid in accordance with DSS policy which shall 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.

35.24. DELETED

35.25. (DSS: Foster Care Fingerprint Reviews) Notwithstanding the provisions of Section 20-7-1640, of the SC Code of Laws, 1976, as amended, the Department is authorized to pay from funds appropriated in this section the costs of Federal Bureau of Investigation fingerprint reviews for foster care families recruited, selected and licensed by the Department.

37.1. (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.

37.2. (BLIND: Horticulture Revenue) Revenues derived from the production of horticulture products by clients of the Adult Adjustment and Training Center may be retained by the Commission and used in the facility for client payments and other production costs.

38.1. DELETED

38.2. (HFDA: Federal Rental Assistance Administrative Fee Carry Forward) All federal rental assistance administrative fees shall be carried forward to the succeeding fiscal year for use by the Authority in the administration of the federal programs under contract with the Authority. No State funds are to be used in the administration of these programs.

38.3. (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. By October 1, of the current fiscal year, a report shall be submitted to the Senate Finance Committee and the House Ways and Means Committee, detailing the amount carried forward and a detailed budget for its expenditure.

39.1. (HAC: Sale of Publication) Up to $4,000 in revenue derived from the sale of 'The Blueprint' may be retained and expended for the purpose of conducting future Human Affairs Forums. Any remaining balance may be expended for the same purpose.

39.2. (HAC: Human Affairs Forum Carry Forward) Revenue derived from registration fees received for attendance at the Human Affairs Forum may be retained and carried forward into the current fiscal year and expended for the purpose of conducting future Human Affairs Forums.

39.3. DELETED

39.4. (HAC: Training Revenue) Revenue derived from fees charged by the Commission for consultative services, such as training, community relations and technical services, shall be deposited in the General Fund.

41.1. (CORR: Clothes/Transportation Upon Discharge) Whenever an inmate shall be discharged from the Department of Corrections the State Board of Corrections thereof shall furnish such inmate with a suit of common clothes, if deemed necessary, and transportation from the Department of Corrections to his home, if his home be within this State, or to the County from which he was sentenced if his home be without this State.

41.2. (CORR: Extended Work Release Program Carry Forward) Revenue derived wholly from supervisory charges paid by inmates participating in the Extended Work Release Program be retained by the Department of Corrections to continue the program. Revenue collected and retained by the Department of Corrections in prior years from the Extended Work Release Program be retained and carried forward to continue the Extended Work Release Program.

41.3. (CORR: Farm Program) Notwithstanding any provision of law to the contrary, the proceeds from the sale of all excess agricultural products produced by the Farm Program of the South Carolina Department of Corrections shall be retained by that agency to be utilized in the expansion and modernization of the program.

41.4. (CORR: Sale of Products) In addition to sales currently authorized by statute, all articles or products produced by the Department of Corrections may be sold on the open market; those articles or products not provided for by statute, are sold and distributed through wholesalers and jobbers within this State.

41.5. (CORR: Habilitation Unit for Developmentally Disabled) Notwithstanding any other provision of law to the contrary, the excess revenue generated by the Adult Work Activity Center be returned to the Department of Corrections to be utilized in the expansion and modernization of the Habilitation Unit for the Developmentally Disabled.

41.6. (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. 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.

41.7. (CORR: Contract for Services) Upon initiation by the South Carolina Department of Corrections, and upon prior approval by the Budget and Control Board, the Department of Corrections may contract for any and all services, but such services must (1) demonstrate reasonably comparable, cost-effectiveness to traditional methods of construction, (2) result in long-term operational cost-savings, (3) result in the provision of a new facility of sufficient bed, program, and support space more expeditiously than traditional methods, and (4) be subject to the year-to-year appropriation process of the General Assembly and state procurement procedures.

41.8. (CORR: Contract Performance Funded Literacy Instruction) Of funds appropriated for the Palmetto Unified School District Contractual Services, $75,000 must be used for contracting with private sector education providers for performance-funded literacy instruction. Contractors would be paid only for student progress on quantifiable performance measurements.

41.9. (CORR: E.H. Cooper Trust Fund) Notwithstanding any provision of law to the contrary, the Commissioner of the Department of Corrections, at his discretion, may utilize interest generated from the fund created by interest which accrued to the E.H. Cooper Trust Fund and was retained by the Department of Corrections in prior years. The Commissioner may use these funds for special projects benefiting the general welfare of all inmates in the custody of the Board of Corrections.

41.10. (CORR: Work Release Program Transportation Fee) The Department is authorized to charge a one dollar ($1.00) per day transportation fee to participants in the work release program.

41.11. (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.

41.12. DELETED

41.13. (CORR: Turbeville Correctional Institution) Funds appropriated herein shall be used for the opening and operating of the Turbeville Correctional Institution during the current fiscal year.

41.14. (CORR: Ridgeland Correctional Institution) Of funds appropriated for the Housing, Care, Security and Supervision Other Operating Expenses, $141,758 must be used to provide funding for water and sewer availability for the prison located in Ridgeland, in accordance with contractual commitments.

41.15. DELETED

41.16. (CORR: Ridgeland 24-Hour Security) Of funds authorized in this section for Housing, Care and Security, $200,000 and 8 FTEs shall be used to provide 24-hour security at the Ridgeland Correctional Institution.

42.1. (DPPP: Hearing Fee) The Department of Probation, Parole and Pardon Services shall receive a hearing fee under a plan approved by the Budget and Control Board.

42.2. DELETED

43.1. (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.

43.2. (DJJ: Interstate Compact/Juvenile Restitution Programs Revenue) The revenue returned to the Interstate Compact Program and the revenue returned from the Juvenile Restitution Program shall be retained and carried forward into the current fiscal year by the Agency and expended for the Operation of the respective program areas.

43.3. (DJJ: Educational Funds Audit) Notwithstanding the provisions of the Education Finance Act, the South Carolina Department of Juvenile Justice shall have its educational funds audited by the Office of the State Auditor pursuant to a schedule established by the State Auditor, and said audit shall be sufficient to satisfy the timetable for audits required in Regulation 43175.

43.4. (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.

43.5. (DJJ: Report on Children Detained Before Adjudication) The South Carolina Department of Juvenile Justice shall compile data for one year following the effective date of an Act of 1990 passed pursuant to Senate Bill 1485, and that data must reflect the total number of children detained before adjudication, the reasons for those detentions, the average length of those detentions, the percentage of children needing treatment services, and the types of treatment services needed including, but not limited to, the number of children needing mental health services and the number of children needing alcohol and drug abuse treatment. This data must be reported on a quarterly basis to the Joint Legislative Committee on Children.

43.6. (DJJ: Revenues Generated) All revenues generated from USDA federal grants, the Education Finance Act (EFA), the Detention Center, and Medicaid federal funding may be retained, carried forward into current fiscal year, and expended by the Department of Juvenile Justice, in accordance with applicable regulations, for the costs associated with these programs.

43.7. (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.

43.8. DELETED

43.9. (DJJ: Transfer Authority) Notwithstanding any other provisions or limitations in this Act, the Department of Juvenile Justice may transfer appropriations authorized within and between programs as may be necessary for the efficient and proper operations of the Department subject to the approval of the Budget and Control Board.

*44.1. (FC: Compensation Supplements) Compensation supplements paid personnel of the Forestry Commission by counties and/or other political subdivisions shall not be extended in the current fiscal year to additional employees, nor shall such existing supplements be increased in the current fiscal year.

*See note at end of act.

*44.2. (FC: Revenue Retained & Carried Forward) Revenue received from hunting privileges, rentals, fuelwood sales, the marketing of pine straw, merchantable timber, forest tree seed and miscellaneous products on Forestry Commission lands, excluding Sand Hills State Forest, shall be retained by the Commission to be used for reforestation of the Manchester State Forest, the development and operation of state forests and forest tree seed orchards, the maintenance of wildlife habitat and the administration and operation of various programs on Forestry Commission holdings. The Commission may carry forward any unexpended funds under this provision to be used for those purposes.

*See note at end of act.

44.3. (FC: Williamsburg County Property Sale) The State Forestry Commission is authorized to trade or sell real property of approximately one acre with improvements in Williamsburg County which it owns to expand the Commission's Capital Improvement Program. If the Commission sells this tract of real property, it may use the proceeds from this sale to fund the Commission's Capital Improvement Program.

44.4. DELETED

44.5. (FC: Surplus Property Exemption) The South Carolina Forestry Commission may retain and apply all receipts, less the cost of disposition incurred by the Division of Operations - Office of General Services, from the sale of surplus forest firefighting equipment toward the purchase of forest firefighting equipment.

45.1. (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. The Department shall biennially purge the subscription list through use of a coupon printed in the Bulletin.

45.2. (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, E. Inspection Services, in lieu of reimbursements for meals and lodging expense.

45.3. (AGRI: Commodity Boards Expenditures) Expenditures made for the various Commodity Boards (as budgeted under Other funds in Program IV.C. Marketing Services: Commodity Boards) are exempt from regulations under the Procurement Act of 1981.

45.4. (AGRI: Mobile Lab Fee) The Commissioner of Agriculture may set a nominal fee, not to exceed ten dollars, per analysis performed by the Department's mobile laboratory. These fees may be retained and expended by the Department of Agriculture to offset other operating expenses incurred by the mobile laboratory.

46.1. (CU-PSA: Revenue Credited to General Fund) All revenues derived from the Regulatory and Public Service Division covered in this section must be remitted to the credit of the General Fund.

46.2. (CU-PSA: Employer Contributions Carry Forward) That amount accrued and expended for employer contributions associated with accrued salaries and wages but not remitted by June 30, of the prior fiscal year, may be carried forward to the current fiscal year.

46.3. (CU-PSA: Pesticide Revenue) All revenues collected from pesticide registration fees in excess of $140,000 and up to $50,000 of revenues collected from Structural Pest Control Businesses for Business licensing must be retained by Regulatory and Public Service Programs to carry out provisions of the S.C. Pesticide Control Act as amended and pursuant to regulations related to this Act.

46.4. (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.

47.1. (DNR: County Funds) Funds belonging to each of the counties of the State, now on hand or hereafter accruing to the counties, shall be expended on approval of a majority of the respective county delegation, including the resident senator or senators, if any. An annual accounting for all such funds and expenditures shall be furnished by the Department to each member of each county delegation; it being the intent of the General Assembly that the appropriations made in this section are conditioned upon compliance with this requirement. In addition to the annual accounting required above, the Department shall make a proposal for expenditures of such funds in the succeeding fiscal year in each county to the members of the respective county legislative delegation, including the resident senator or senators, if any; and upon approval thereby shall proceed with the use of such funds in compliance with the finalized and approved plan as approved by each legislative delegation. If no plan is approved, the expenditure of such funds is to be administered as determined by the various legislative delegations.

47.2. (DNR: County Game Funds Equipment Purchase) Any equipment purchased by the Department from county game funds on approval of a majority of a county delegation, including the resident senator or senators, if any, shall remain in that county upon the request of a majority of the respective county delegation, including the resident senator or senators, if any, and if sold by the Department, the proceeds of such sale shall be credited to such county game fund. Expenditures from the County Game Fund and the Water Recreation Resource Fund which have the approval of the county delegation shall be exempt from the provisions of Act 651 of 1978, as amended.

47.3. (DNR: Armed Forces Fishing/Hunting License) Any member of the armed forces of the United States who is a resident of South Carolina stationed outside of the state, shall upon presentation of his official furlough or leave papers, be allowed to fish or hunt without purchasing a fishing or hunting license.

47.4. (DNR: Fisheries) Notwithstanding the provisions of Section 50-9-460, one-half of all proceeds from the sales under 50-9-460 shall be allocated to the Department for the propagation and conservation of fisheries resources.

47.5. (DNR: Atlantic States Marine Fisheries Commission) Warrants for the disbursement of the appropriation to the Atlantic States Marine Fisheries Commission shall be approved by the Executive Committeeman from South Carolina.

47.6. (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 to allow the magazine to become self-sustaining.

47.7. DELETED

47.8. (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 Taxation 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.

47.9. (DNR: Temporary Transfer of Conservation Officers) Without expending additional personal service funds, conservation officers may be temporarily transferred for a period not to exceed six months, to counties requiring additional law enforcement manpower. When a conservation officer is transferred under the authority of this provision, any county game funds which are expended for the acquisition of supplies and equipment must be expended from the game fund of the county to which the officer is transferred.

47.10. (DNR: Revenue Carry Forward) The Board may collect, expend, and carry forward funds derived from the sale of publications, postal reimbursement and photo copying.

47.11. (DNR: State Climatology Office Revenue) The South Carolina State Climatology Office of the Department of Natural Resources may retain fees for specialized services rendered. These funds must be used to defray the cost of these services.

47.12. (DNR: General Assistance County Appropriation) The appropriations in this section for "Aid To Conservation Districts" shall be used by the Soil and Water Conservation Districts for general assistance to the district's program. 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.

47.13. (DNR: Proportionate Funding) Each of South Carolina's 46 Soil and Water Conservation Districts shall receive a proportionate share of funding set aside for Aid to Conservation Districts up to $8,000 per district. Available funding above $8,000 for each district will be apportioned by the Department of Natural Resources based upon local needs and priorities as determined by the Board.

47.14. (DNR: Map Revenue Carry Forward) The Board may retain and carry forward funds derived from the sale of maps in an amount not to exceed $2,000.

47.15. (DNR: Aerial Photography Revenue) The Board is authorized to charge a reasonable fee for aerial photography products sold through the Cartographic Information Center (CIC) and to accept contributions. Funds generated from aerial photography sales and other sources may be retained by the Board in a revolving account with a maximum carry forward of $250,000 and must be expended for the aerial photography program.

47.16. (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.

48.1. (SGC: Publications Revenue) Funds generated by the sale of pamphlets, books, and other printed materials, the production of which has been supported 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 printed materials for distribution to the public.

49.1. (PRT: Canadian Day) The Department when expending the $85,000 appropriation herein contained for a Canadian Promotion shall designate one day of such promotion as "Canadian Day" and notwithstanding any other provision of law, all Canadians shall be allowed admittance to state parks and use of park camping facilities on Canadian Day free of charge.

49.2. (PRT: Boyleston House Gift/Souvenir Shop Revenue) Any monies derived from the Gift/Souvenir Shop at the Boyleston House must be used for the continuing operation of same.

49.3. (PRT: Publications Revenue) The Department is authorized to charge a fee for the cost of vacation guides, research reports, educational conferences, technical planning assistance, technical drawings, and mailing lists. The fee shall offset the actual cost of producing or providing such items and revenue in an amount necessary to offset actual cost shall be retained in a restricted account. Any revenue generated above the actual cost shall be remitted to the General Fund of the State.

49.4. (PRT: Tourism Funds Sharing Grants) Notwithstanding any other provision of law or appropriation herein contained, the Horry-Georgetown Tourism Commission is not eligible to receive any tourism funds-sharing grants.

49.5. DELETED

49.6. DELETED

49.7. (PRT: Scholarship Program) The Department of Parks, Recreation and Tourism is hereby authorized to establish a scholarship program with Clemson University, South Carolina State University, Sumter Technical College, Trident Technical College, Horry-Georgetown Technical College, Technical College of the Low Country, and other South Carolina institutions of higher education for the purpose of assisting students majoring in park-related fields such as park management, interpretation or conservation relative to potential future employment with the State Parks Division.

49.8. (PRT: Regional Tourism Commissions) The Department shall allocate $75,000 to each of the eleven Regional Tourism Commissions. The amount needed to increase each commission's allocation over their previous allocation shall be funded from the Admission Tax.

49.9. (PRT: Admissions Tax/Old Exchange Building Repair) The Department of Parks, Recreation and Tourism shall provide $112,944 for the repair of the Old Exchange Building from admission tax revenues.

49.10. (PRT: US Youth Games) Of the funds authorized in this section $50,000 shall be used for the US Youth Games.

49.11. (PRT: Transfer to General Fund) Of the other funds carried forward into FY 94-95, $2,000,000 must be transferred to the state general fund. This transfer is a one-time transfer and does not recur in succeeding years.

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: Development - Enterprise Development Inc. Contract) The Division of State Development may contract with Enterprise Development, Inc. of South Carolina to provide and perform the following functions:

1. State Enterprise Development Strategy to include:

a) Technical/management assistance to emerging businesses;

b) Risk capital development for emerging businesses;

c) Incubator system (emphasis on university-linked incubators) to nurture high growth business ventures;

d) Strategic marketing to emerging businesses;

e) Regional enterprise development coordination.

2. Comprehensive approach to technology transfer.

3. Educational environment for entrepreneurial development.

4. Statewide business information center.

These contractual services may be funded through the transfer of up to $550,000 of budgetary monies from the Division of State Development. The corporation, as a condition of receiving the contract, must provide in its charter that the Chairmen of the House Ways and Means Committee and the Senate Finance Committee, or their designees, are ex-officio members of the corporate board.

50.3. (CMRC: Economic Dev. Coordinating Council - SCIP Carry Forward) From the amount set aside in 12-27-1270, the Council is authorized to use up to $60,000 to continue to contract with the Division of State Development for the development of the South Carolina Infrastructure-Economic Development Planning Project (SCIP) utilizing Geographic Information Systems, GIS. Any balance on June 30 of the prior fiscal year may be carried forward and expended for the same purposes in the current fiscal year.

50.4. (CMRC: Savannah Valley - Carry Forward) The Division of Savannah Valley Development is hereby authorized to carry forward unexpended funds, regardless of their origin, for the authorized purposes of the Development as specified in its legislation.

50.5. (CMRC: Aeronautics - Civil Air Patrol) The funds appropriated in this section under program V "Civil Air Patrol" shall be expended by the Director so as to discharge the State's obligations in conjunction with the Civil Air Patrol as outlined in the SARDA Plan, the S. C. Operational Radiological Emergency Response Plan, and assist County and local authorities and other State agencies insofar as permitted by the regulations governing the Civil Air Patrol. The Director shall further expend funds for the maintenance and acquisition of equipment which, in his opinion, shall increase the Civil Air Patrol's ability to perform its mission, and may expend not more than twenty-five per cent of the Patrol funds in the "CAP AEROSPACE EDUCATION" and "CADET" programs. The Director may expend funds to hire such administrative personnel as may be necessary to administer the above outlined programs. All expenditures for equipment and services shall be in accordance with State fiscal policies.

50.6. (CMRC: Aeronautics - 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.

50.7. (CMRC: Aeronautics - Air Force Office Space Rental) Revenue received for rental of office space to the U. S. Air Force may be retained and expended to cover the cost of building operations.

50.8. (CMRC: Aeronautics - Cost of Utilities) The Division of Aeronautics shall not pay for all or any portion of the cost of utilities at any airport or facility except for buildings occupied by the Division of Aeronautics.

50.9. (CMRC: Aeronautics - 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.

50.10. (CMRC: Aeronautics - Hangar/Parking Facilities) The Division of Aeronautics will provide hangar/parking facilities for government owned and/or operated aircraft on a first come basis. The funds collected are to be deposited to the General Fund. The Hangar Fee Schedule shall be as follows:

Single Engine - $50.00 per month

Twin Engine - $75.00 per month

Jet/Turboprop - $100.00 per month

Helicopter - $75.00 per month Permanent parking/tie down space will be provided at the rate of $20.00 per month for single engine aircraft, or $30.00 per month for twin engine aircraft. Personnel from the agencies owning and/or operating aircraft will be responsible for ground movement of their aircraft.

50.11. (CMRC: Aeronautics - Utilize DOT Services) The Division is authorized on a reimbursement basis, to utilize services of the Department of Transportation to assist in providing coordinated and continuing legal and other services in transportation and related matters.

50.12. (CMRC: Aeronautics - Airport Planning/Development Studies Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, of appropriations to the Division for airport planning and development studies may be carried forward into the current fiscal year, and expended for the same purposes.

50.13. (CMRC: Aeronautics - Airport Development) Any line item appropriation for airports shall be disbursed for eligible airport development items as approved by the Division.

50.14. (CMRC: Aeronautics - Clothing Allowance) The Division of Aeronautics is hereby authorized to provide pilots with an annual clothing allowance (on a pro rata basis) not to exceed $400 per pilot for required clothing used in the performance of their primary duty.

50.15. (CMRC: Contributions Carry Forward) The Department of Commerce is authorized to carry forward unexpended contributions received from member agencies of the Economic Development Coordinating Council to be used for operating expenses and to offset contributions in the current fiscal year.

50.16. (CMRC: Aircraft Maintenance Carry Forward) The Department of Commerce is authorized to carry forward up to $35,000 for aircraft maintenance from FY 1994 to FY 1995.

54.1. DELETED

54.2. DELETED

55.1. (PSC: Assessment Certification) The Public Service Commission shall certify to the Department of Revenue and Taxation 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 58-3-100, 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 58-3-100 and 58-27-50, Code of Laws of 1976, and (4) the amount to be covered by revenue from motor transport fees as provided for by Section 58-23-630, and other fees as set forth in Section 58-3-100, 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 58-3-100, Code of Laws of 1976.

55.2. (PSC: Indirect Cost) The assessment certification prepared for the Department of Revenue and Taxation shall include an allocation of indirect cost as approved by the Budget and Control Board representing the Public Service Commission's proportionate share of the cost of central State government.

55.3. (PSC: Motor Transport Fee Refund) The Motor Transport Division of the Public Service Commission is hereby authorized to make refunds of fees which were erroneously collected.

55.4. (PSC: Certification Assessment for Commission Expenses) The Public Service Commission shall make such certification as required under Section 58-3-100, Code of Laws of 1976.

55.5. (PSC: Attorneys Appointment) The three attorneys provided for in this section under Program I "Administration" shall be appointed by the Commission with the approval of the Attorney General and be assigned to the Commission.

55.6. (PSC: Maximum Salary Limit) The salaries of the chairman and the commissioners as provided in this section shall not be construed as limiting the maximum salary which may be paid to other employees of the Public Service Commission.

55.7. (PSC: Commissioners Out-of-State Allowance) When out-of-state, Public Service Commissioners are allowed $50.00 per diem or actual expenses as deemed reasonable by the Comptroller General.

55.8. (PSC: Temporary Cash Loan) The Budget and Control Board's Office of State Budget may transfer a temporary cash loan up to $500,000 to the Public Service Commission for startup purposes as an Other Funded agency for Fiscal Year 1994-95 from funds which the Office of State Budget manages in Section 17. These funds must be repaid by the Public Service Commission as soon as practical but not later than December 31, 1994.

56.1. (WCC: Physicians & Surgeons Schedule of Fees Revenue) All revenue earned from the sale of the Commission's publication Schedule of Fees for Physicians and Surgeons shall be retained by the agency to be used for the printing and distribution of subsequent revised editions of the schedule.

56.2. (WCC: Educational Seminar Revenue) Beginning in FY 94-95, 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.

56.3. (WCC: Commissioners Out-of-State Allowance) When out-of-state, Workers' Compensation Commission commissioners are allowed $50.00 per diem or actual expenses as deemed reasonable by the Comptroller General.

57.1. (SAF: Medical Claims Penalty Clause) Medical claims against the State Accident Fund shall not be subject to the 30 day penalty clause as set forth in Section 17 of Act 148 of 1981 as amended by Part II, Section 9, of Act 466 of 1982, until such claims are approved by the Workers' Compensation Commission and received by the Fund.

57.2. (SAF: Volunteer Fire/Rescue Squads Coverage) Notwithstanding any other provision of law, voluntary firemen of organized volunteer fire units and members of organized volunteer rescue squads are covered under workers' compensation by the county governing body unless the governing body of the county opts out of the coverage.

60.1. (INS: Rate Division Auto Insurers Assessment) The costs of operating the Rate Division shall be borne by insurers of automobile insurance. Not later than sixty days after the effective date of this Act, the Chief Insurance Commissioner shall assess each automobile insurer for its just proportion of the amount appropriated by the General Assembly herein for the operation of the Rate Division, such amount to also include appropriated salary adjustments and employer contributions allocable to the Rate Division. Such assessments shall be in the proportion that each insurer's preceding calendar year direct written premium for automobile insurance in this State bears to the total direct written premium for all insurers of automobile insurance in this State during such preceding calendar year. For purposes of this section, direct written premium shall be as reflected in the latest annual statements of automobile insurers in this State filed with the Commissioner. Funds appropriated by the General Assembly for the operation of the Rate Division shall be advanced by the State until the assessments levied herein are collected and deposited in the General Fund of the State.

60.2. (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 S. C. Code Section 38-13-10, 1976.

60.3. (INS: Travel Reimbursement Carry Forward) All reimbursements received by the Department for travel expenses shall be remitted to the General Fund of the State, however, those 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 to be expended for the same purposes.

60.4. (INS: Special Financial Investigations) Notwithstanding the limitations in this Act as to reimbursements received by the Department for examiners' travel expenses found in Section 60.3., those travel expenses incurred by the Department's examiners in connection with special, targeted and limited scope examinations of insurers called by the Commissioner for the protection of policyholders in this State, may be reimbursed by the insurance company and deposited by the Department in a special Comptroller General's account for crediting travel reimbursements. Funds credited to this account may not be used by the Department for ordinary operating purposes, but may only be used to reimburse examiners' travel expenses for special, targeted and limited scope examinations. Any account balance at the close of the fiscal year must be remitted to the General Fund of the State.

61.1. (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.

62.1. (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.

62.2. (CA: Student Athlete/Agents Registration) Funds received by the Department of Consumer Affairs pursuant to registrations under Chapter 102 of 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.

62.3. (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 30, and not paid by July 31.

63.1. (LLR: Fire Marshal - Authorization to Charge Fees for Training) The Fire Academy of the State Fire Marshal Division may charge participants a fee to cover the cost of education and training programs. 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.

63.2. (LLR: Accountancy Board - Contract Investigators) The Accountancy Board is authorized to employ, on a contractual case by case basis, investigators required to carry out the Board's responsibilities.

63.3. (LLR: Real Estate Research & Education Program Funds) Any funds on deposit with the State Treasurer for research and education programs of the Real Estate Commission shall be remitted to the General Fund of the State.

63.4. (LLR: Real Estate - Research & Education Projects) All funds appropriated, in this section, for Research and Education projects shall be funded wholly, out of the Real Estate Commission authorized allocation of five dollars from each annual renewal fee. All funds appropriated in this section, for Research and Educational projects shall be expended for the purpose designated.

63.5. (LLR: Real Estate News Publication) The South Carolina Real Estate News, published at least quarterly by the Real Estate Commission, shall be exempt from Section 11-25-690, SC Code of Laws, (1976, as amended).

63.6. (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.

63.7. (LLR: S.C. Building Code Council) All funds received by the Building Codes & Regulatory Services for the S.C. Building Code Council which exceed the total amount of expenditures for operating expenses of the Council shall be deposited in the General Fund of the State.

63.8. DELETED

64.1. (DOR: Alcoholic Liquor Revenues) Appropriations in this Act to cover the cost of the administration and enforcement of alcoholic liquor laws by the Department of Revenue and Taxation and appropriations in this Act for expenses of the State Law Enforcement Division - ABC Enforcement shall be deducted from the total revenues from alcoholic liquors before distributions of such revenues to the counties and municipalities of the State and such amounts withheld shall be remitted to the General Fund of the State.

64.2. (DOR: Tax Auditor Probationary Period) Notwithstanding any other provision of law and upon approval of the Budget and Control Board, an employee, appointed to fill an original full-time position as a Tax Auditor with the Department of Revenue and Taxation, shall serve a probationary period of not more than twelve (12) months.

64.3. (DOR: Cost Recovery Fee) The Department of Revenue and Taxation may impose a fee to recover the cost of postage and handling for distributing tax forms to tax practitioners, to recover the cost of printing rules and regulations and other Department of Revenue and Taxation publications, and to recover the cost of photocopying tax returns, and that such funds shall be retained in the Agency's Program I.A. 'Administrative and Program Administration'.

64.4. (DOR: Subpoenaed Employee Expense Reimbursement) If any employee of the Department of Revenue and Taxation is subpoenaed to testify during litigation not involving the Department of Revenue and Taxation, 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.

64.5. (DOR: Bingo Revenue) As to revenue derived from the provisions of Chapter 21, Title 12, which is collected from bingo, the Department of Revenue and Taxation may withhold from the General Fund portion of this revenue the actual costs, not to exceed $50,000 per fiscal year, of bingo tickets purchased and used by agents of the Department of Revenue and Taxation and of criminal record checks pursuant to the evaluation of applications for bingo licenses.

64.6. (DOR: Court Order Funds Carry Forward) Funds awarded to the Department of Revenue and Taxation 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 Tax Commissioners.

64.7. (DOR: Road Tax Indicia) As to revenue collected from the Road Tax on Motor Carriers, the Department of Revenue and Taxation may withhold from the State highway fund portion of this revenue the actual cost, not to exceed $75,000 per fiscal year, of the registration cards and identification markers issued under the provisions of Section 12-31-250.

64.8. (DOR: Sale of Abandoned Property) In accordance with Section 27-18-240, C.L.S.C., as to the proceeds from the sale of abandoned property under Section 27-18-230, the Department of Revenue and Taxation may deduct from any deposit to the credit of the General Fund costs in general support of the location, identification and sale of abandoned property, subject to the following limitations: (a) the total deduction may not exceed 5% of the amount credited to the General Fund for this revenue source in the same fiscal year, and (b) the total deduction may not exceed actual costs for the same fiscal year.

64.9. (DOR: Assessor Training) Pursuant to the enforcement of Section 12-37-110, C.L.S.C., the Property Division of the Department of Revenue and Taxation may charge participants a fee to cover the cost of pertinent education and training programs. The revenue generated may be applied to the cost of the related operation, and any unexpended balance may be carried forward to subsequent fiscal periods and utilized for the same purpose.

64.10. (DOR: Professional Designation or License Cost) Whenever a professional designation or license is a legislatively mandated requirement for employment by the Department of Revenue and Taxation, the Department shall be responsible for the annual cost to maintain that required designation or license and provide for examination cost associated with such designation or license if not outside his/her normal duties.

64.11. (DOR: Temporary Driver's License) The Motor Vehicles Division is authorized to issue a temporary driver's license or identification card without a laminated colored photograph of the licensee, for a period not to exceed twelve months. The applicant and licensee must comply with provisions of law as set forth in Chapter 1 of Title 56 of the South Carolina Code of Laws, as amended, and such license shall expire no later than the last day of the month one year from the date of issuance or such time as indicated by the Division. The fee for such temporary license or identification card shall be one dollar.

64.12. (DOR: License Fees) Notwithstanding any provision of Title 56 of the 1976 Code relating to the disposition of revenues, all revenues derived under Chapter 56 credited to the Department of Revenue and Taxation must be credited to the General Fund of the state .

65.1. (ETHC: Lobbyist Fees) Of the fees authorized in Sections 2-17-20 and 2-17-25, Chapter 17, "The Ethics, Government Accountability, and Campaign Reform Act of 1991", the Ethics Commission may retain and expend up to $40 of fees collected from each registered Lobbyist and Lobbyist's Principal to offset associated costs in Chapter 17.

65.2. DELETED

66.1. (ESC: Salary Level) The salaries of the Chairman, the Commissioners, and the Agency Director of the Employment Security Commission shall be no less than that agreed to by the United States Department of Labor.

66.2. (ESC: Dept. of Revenue & Taxation Access to Report) The Employment Security Commission shall allow the Department of Revenue and Taxation access to the Employer's Quarterly Report and any by-product of such report.

66.3. (ESC: SCOICC User Fee Carry Forward) All user fees collected by the S.C. Occupational Information Coordinating Committee through the Employment Security Commission may be retained by the SCOICC to be used for the exclusive purpose of operating the S.C. Occupational Information System. All user fees not expended in the prior fiscal year may be carried forward for use in subsequent years.

66.4. (ESC: JTPA Prior Year Payments) The Employment Security Commission shall be allowed to pay Job Training Partnership Act prior year obligations with current year funds.

66.5. (ESC: Out-of-State Travel) When out-of-state, Employment Security Commissioners are allowed $50.00 per diem or actual expenses as deemed reasonable by the Comptroller General.

*67.1. (PRP: Panel Membership) Notwithstanding the provisions of Section 11-35-4410(2) of the 1976 Code, the membership of the Procurement Review Panel shall be composed of:

(a) The chairman, or his designee, of the Procurement Policy Committee;

(b) Five members appointed by the Governor from the State at large who are representative of the professions governed by this title including, but not limited to:

(i) Goods and Services.

(ii) Information technology procurements.

(iii) Construction.

(iv) Architects and engineers.

(v) Construction management.

(vi) Land surveying services.

*See note at end of act.

68.1. (DEBT: Appropriation Disbursal) The above appropriations shall be disbursed under the direction of the State Treasurer.

68.2. (DEBT: General Obligation Bonds P & I) Any agency of the State government responsible by law for the collection of revenues or funds from any source to be annually applied to payments of interest and principal on general obligation bonds of the state shall remit such collections to the State Treasurer for credit to the State's General Fund and which shall constitute a reimbursement of appropriations made in this section.

68.3. (DEBT: Issuance of Bonds) The General Assembly takes note of the fact that the foregoing figures reflect the estimated Debt Service Requirements of Bonds of the State for the current fiscal year. It is not intended that their inclusion in this Act shall prevent the issuance of additional bonds pursuant to authorizations now or hereafter enacted.

68.4. (DEBT: Bonded Debt Prior to 12/1/77) With the exception of the Agricultural College Stock and Clemson Perpetual Stock, bonded debt of the State issued prior to December 1, 1977, is supported by a pledge of a special fund (derived from taxes and other sources) and in each instance the monies derived from such taxes and other sources must be first applied to the payment of principal and interest on the bonds prior to the use for other purposes and that under the Statutes which authorized such bonds, it is the ministerial duty of the appropriate State officers and agencies to utilize the pledged revenues for the payment of the principal and interest of such bonds. Under the decisions of the Supreme Court of South Carolina, continuing appropriations have been made which cannot be diverted until all of the principal and interest on the bonds have been paid.

68.5. (DEBT: Debt Incurred Prior to 12/1/77) In the instance of debt incurred subsequent to December 1, 1977, the General Assembly, in obedience to Paragraph 4 of Section 13 of Article X, has allocated on an annual basis sufficient tax revenues to provide for the punctual payment of the principal of and interest on such general obligation debt.

68.6. (DEBT: Regulate Bond Project Starting Date) The Budget and Control Board, after review of the Joint Bond Review Committee, is hereby authorized and directed to regulate the starting date of the various projects approved for funding through the issuance of Capital Improvement Bonds so as to insure that the appropriations for debt service on such bonds, as provided in this Section, shall be sufficient during the current fiscal year.

68.7. DELETED

68.8. (DEBT: State House Renovations Project) A. The General Assembly has determined that the State House is in urgent need of repair and renovation and hereby authorizes the S C State Budget and Control Board to issue not more than thirty two million dollars ($32,000,000) of general obligation debt of the State, in the form of a promissory note, if so much is needed. The proceeds of the promissory note issued by the Board must be applied to the S. C. State House Renovations project, to include all relative project expenses and the cost of issuing the note. Such general obligation debt shall be issued under such terms and conditions as the State Budget and Control Board shall prescribe; provided, however, that such general obligation debt shall mature not later than one year from the date of the issue; and, provided further, that there is hereby allocated sufficient tax revenues to provide for the punctual payment of the principal of and interest on such general obligation debt. In accordance with the provisions of Article X, Section 13 of the State Constitution, the full faith, credit and taxing power of the State shall be pledged to the payment of the principal of and interest on such general obligation debt.

B. In addition to fulfilling the requirements of Article X, Section 13 of the State Constitution by allocating sufficient tax revenues to provide for the punctual payment of the principal of and interest on the general obligation debt and pledging the full faith, credit and taxing power of the State on the general obligation debt authorized in subsection (A) above, the General Assembly hereby expresses its intent to repay the general obligation debt by an appropriation from the Capital Reserve Fund. It is further the express intent that such appropriation from the Capital Reserve Fund for the retirement of this promissory note be made as the first priority appropriation from the Capital Reserve Fund for Fiscal Year 1994-95.

69A.1. (AS-CG: Allocation Formula Annexed County) Where a portion of one county is annexed to another county, the total amount allocated to the two counties shall not exceed the total which would be allocated to the two counties separately. However, the population of the annexed areas shall be taken into consideration in determining the proportionate share of the total allocation due to each county.

69A.2. (AS-CG: Exemption Reimbursement) Notwithstanding the amount appropriated in this section for "Homestead Exemption Reimbursement" there is hereby appropriated whatever amount is necessary to reimburse the counties and municipalities of the State for exemptions allowed in accord with the provisions of law.

69A.3. (AS-CG: Tax Forms & Supplies Expenses) Of the amount appropriated under "Aid to Counties, Tax Forms and Supplies Expense," 4 per capita, based on the official United States Census for 1990, shall be remitted by the Comptroller General to the several counties of the state and shall be applied by the counties only on expense of printing tax forms and supplies for county auditors, treasurers and tax collectors. Payment shall be made to each county treasurer in one annual payment which shall be made as soon after the beginning of the fiscal year as practical.

69A.4. (AS-CG: Inventory Tax Phase-Out Reimbursement) (A) Notwithstanding any funds appropriated in this Act for inventory tax phase-out, there is hereby appropriated whatever amount is necessary to fully reimburse all counties and municipalities in regard to the phase-out of the inventory tax for tax year 1987. The Comptroller General shall make remittances to counties and municipalities in four equal payments.

(B) Where a portion of a special purpose district is annexed to a municipality, and its service functions in the annexed area are assumed by the municipality, the total amount remitted to the county and municipality shall not exceed the total amount which would be remitted to the two entities separately. However, the assessed valuation and special purpose district tax levy for inventory tax purposes for tax year 1987 with respect to the annexed portion of the special purpose district shall be taken into consideration in determining the proportionate share of the total allocation due to the county and the municipality.

69A.5. (AS-CG: Salary Supplements) Of the amount appropriated in this section for Clerks of Court, Probate Judges, and County Sheriffs, $4,725 shall be distributed by the Comptroller General to each County Treasurer, which shall be used as a $1,575 salary supplement for each Clerk of Court, Probate Judge and County Sheriff. The amounts appropriated in this section for Registers of Mesne Conveyances shall be distributed by the Comptroller General to the appropriate County Treasurer, which shall be used as a $1,575 salary supplement for Registers of Mesne Conveyances. It is the intent of the General Assembly that the amount appropriated for such salary supplements shall include both salary and related employer contributions and such amounts shall be in addition to any amounts presently being provided by the county for these positions. Any reduction by any county in the salary of the Clerks of Court, the Probate Judges, Registers of Mesne Conveyances and County Sheriffs or any other reduction of expenditures in the office of the Clerks of Court, Probate Judges, Registers of Mesne Conveyances and County Sheriffs shall result in a corresponding decrease of funds provided to that county by the State. Payment shall be made to each County Treasurer in a single lump sum at the beginning of the fiscal year and payment shall be made to the Clerks of Court, Probate Judges and County Sheriffs by the County Treasurer over a twelve month period in the same manner as county salaries are paid. The State shall pay $14,864 on the salary of each County Auditor and County Treasurer 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 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. Any reduction by any county in the salary of the County Auditor and County Treasurer shall result in a corresponding decrease of funds provided to that county by the State. These salaries shall be administered by the Comptroller General's Office and paid in accordance with the schedule and method of payment established for state employees.

69A.6. DELETED

69B.1. (AS-ST: Aid to Planning Districts Formula) Fifty (50%) percent of the amount appropriated in this section for "Aid to Planning Districts" shall be divided equally among the ten districts, the remaining fifty (50%) percent to be allocated in proportion to the population of each district according to the official United States Census for 1990.

69B.2. (AS-ST: Planning District Expenditure Plan) Each planning district shall, prior to receipt of funds, submit a plan for the expenditure of funds appropriated in this section to the Budget and Control Board. Within ninety (90) days following the end of the fiscal year, each district shall submit to the Budget and Control Board a copy of an audit of funds appropriated in this section, to be performed by an independent Certified Public Accountant.

69B.3. (AS-ST: Planning District Allocation) The State Treasurer shall remit to each planning district its share upon approval by the Division of Budget and Analyses.

69B.4. (AS-ST: Allocation Formula - Annexed County) Where a portion of one county is annexed to another county, the total amount allocated to the two counties shall not exceed the total which would be allocated to the two counties separately. However, the population of the annexed areas shall be taken into consideration in determining the proportionate share of the total allocation due to each county.

69B.5. DELETED

70.1. (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 Fund Contractual Services 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.

70.2. (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.

70.3. (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.

70.4. (DOT: Statewide Cost Allocation Plan) The Department of Transportation shall pay into the General Fund of the State the sum of $4,879,223 as its proportionate share of the cost of Administration of central service agencies as follows:

   Statewide Cost Allocation Plan:

   Collection of Highway Revenue                     $ 3,069,811
   Central Service Agency Recoveries                   1,103,894
   Other Indirect Cost Recoveries                        705,518

   Subtotal                                          $ 4,879,223

The sum of $8,835,066 is also transferred for the support of the Highway Patrol and Motor Vehicle Licensing Division which was transferred during restructuring. If fees generated by Title 56 for motor vehicle licenses exceed the BEA Fiscal Year 1994-95 forecast, the amount transferred may be reduced proportionately.

   Highway Fund Transfer                               $ 8,835,066
   Total Remittance                                    $13,714,289

70.5. (DOT: Benefits) Employees of the Department of Transportation shall receive equal compensation increases and health insurance benefits provided in this Act for employees of the State generally.

70.6. (DOT: Employer Contributions) The Department of Transportation shall pay from Highway and Public Transportation Fund revenues, that portion of the State's contribution to the costs of retirement, social security, workers' compensation insurance, unemployment compensation insurance, health and other insurance, and other employer contributions provided by the State for the Agency's employees whose salaries are funded by the Highway and Public Transportation Fund.

70.7. (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.

70.8. (DOT: Commissions Per Diem, Subsistence, Mileage) Members of the Department of Transportation Commission shall receive such per diem, subsistence and mileage for each official meeting as is provided by law for members of boards, commissions and committees.

70.9. (DOT: "C" Funds Primary/Secondary Road) Notwithstanding the provisions of Section 12-27-400 of the 1976 Code, "C" funds may be expended for primary or secondary roads.

70.10. (DOT: Employ Legal/Support Staff) The Department of Transportation shall have the authority with the approval of the Attorney General to employ, within existing authorized positions, necessary legal and support staff to represent the Department in legal matters, including condemnation proceedings and other litigation; such representation shall be under the jurisdiction and control of the Attorney General.

70.11. (DOT: Contract Public Transportation System) Notwithstanding any other provision of law, the Department of Transportation is hereby authorized to directly contract public transportation funds with any private operator of a public transportation system to provide service to the general public; provided, that a plan of service has been established and approved by the local general purpose government which has jurisdiction for the area to be served, and approved by the Department, the Transportation Commission and the federal government.

70.12. (DOT: Transfer Authority) The Department may transfer funds appropriated to this Section from one line item to another as the needs demand with permission from the Budget and Control Board.

70.13. (DOT: Relax Design/Construction Standards Authority) In recognition of budgetary restraints, the Department of Transportation, its Commission, officers and employees, are herewith granted the discretionary authority to relax design and construction standards for the current fiscal year, with respect to highway projects in the secondary State highway system, and the exercise of such discretionary authority to relax design and construction standards shall not give rise to any liability on the part of the Department, its Commission, officers and employees.

70.14. (DOT: Accounting Functions Transferred to Comptroller General and State Treasurer) The Department of Transportation shall transfer $471,500 to the General Fund for the purpose of servicing the accounting and payroll functions of the Comptroller General's Office. The Department of Transportation shall transfer $123,546 to the General Fund for servicing the functions of the State Treasurer's Office.

70.15. (DOT: Boat Landing and Fishing Pier) Of funds appropriated for the Breech Inlet bridge, $100,000 shall be transferred to the Department of Natural Resources to construct a boat landing and fishing pier on the Cooper River at the Virginia Avenue Park.

70.16. (DOT: Croson Decision Disparity Study)

70.17. (DOT: State Transportation Coordination Plan) The Department of Transportation shall convene all state agencies charged with transporting individuals in state-owned and operated motor vehicles for the purpose of developing recommendations for maximizing utilization of state run transportation services. The Department shall submit recommendations to the House Ways and Means and Senate Finance Committees on or before January 1, 1995. The Department may use $300,000 in State General Funds for this purpose.

70.18. (DOT: Dealer Plates for Driver Education) The Department is authorized to expend funds which have been appropriated for its use to fabricate and sell a dealer license plate for use on a motor vehicle which the dealer loans to a public or private school for use in a driver education program. A dealer may obtain a plate to be used for this purpose by paying a fee of $20.00 and such plates are in addition to dealer plates authorized to be issued under the provision of 56-3-2320. When a motor vehicle bearing a plate authorized under the provision is no longer used for driver education, the dealer shall surrender the plate to the department.

                            SECTION 127 - RECAPITULATION

                                               TOTAL FUNDS     GENERAL FUNDS
                                               -----------     -------------

  LEGISLATIVE DEPARTMENT
 3A.  LEG. DEPT-THE SENATE                       8,384,826         8,179,826
 3B.  LEG. DEPT-HOUSE OF REPRESENT              10,066,606        10,066,606
 3D.  LEG. DEPT-CODIFICATION OF LA               1,992,692         1,947,692
 3E.  LEG. DEPT-LEG PRINTING & INF               2,437,351         2,437,351
 3F.  LEG. DEPT-LEG AUDIT COUNCIL                1,016,348         1,016,348
 3G.  LEG. DEPT-LEG INFORMATION SY                 855,911           830,911
 3H.  REORGANIZATION COMMISSION                    972,097           972,097
 3I.  ADV. COMM. ON INTERGOVERNMEN                 235,694           235,694
  TOTAL LEGISLATIVE DEPARTMENT                  25,961,525        25,686,525

  JUDICIAL DEPARTMENT
 4A.  JUDICIAL DEPARTMENT                       28,765,469        28,493,476
 4B.  SENTENCING GUIDELINES COMMIS                  83,837            83,837
  TOTAL JUDICIAL DEPARTMENT                     28,849,306        28,577,313

  ADMINISTRATIVE LAW JUDGES
 5.  ADMINISTRATIVE LAW JUDGES                   1,107,822         1,107,822
  TOTAL ADMINISTRATIVE LAW JUDGES                1,107,822         1,107,822

  EXECUTIVE AND ADMINISTRATIVE DIVISION
 6A.  GOVERNOR'S OFF-EXECUTIVE CONV              1,438,775         1,438,775
 6B.  GOVERNOR'S OFF-STATE LAW ENF              29,622,166        24,768,987
 6C.  GOVERNOR'S OFF-EXECUTIVE POL             152,849,318        14,017,810
 6D.  GOVERNOR'S OFF-MANSION AND G                 255,816           255,816

 7.  LIEUTENANT GOVERNOR'S OFFICE                  256,503           256,503
 8.  SECRETARY OF STATE                          1,574,515         1,284,515
 9.  COMPTROLLER GENERAL'S OFFICE                4,654,868         4,654,868
10.  STATE TREASURER'S OFFICE                    8,785,151         3,624,095
11.  ATTORNEY GENERAL'S OFFICE                   7,048,289         6,056,977
12.  PROSECUTION COORDINATION COM                7,217,538         6,717,538
13.  OFFICE OF APPELLATE DEFENSE                   751,065           751,065
14.  COMMISSION ON INDIGENT DEFEN               10,678,829         2,556,157
15.  ADJUTANT GENERAL'S OFFICE                  18,160,476         6,474,526
16.  ELECTION COMMISSION                         2,659,409         1,625,105

17C.  B & C-DIVISION OF EXECUTIVE               11,442,203         8,187,427
17E.  B & C-DIVISION OF OPERATIONS             157,455,719        17,092,369
17G.  B & C-DIVISION OF BUDGET AND               9,925,665         7,613,216
17P.  B & C-AUDITOR'S OFFICE                     3,846,398         3,846,398
17R.  B & C-RETIREMENT DIVISION                 10,452,853
17S.  B & C-EMPLOYEE BENEFITS                   63,639,820        63,099,649
17T.  B & C-CAPITAL RESERVE FUND                73,451,871        73,451,871
  TOTAL EXECUTIVE AND ADMINISTRATI             576,167,247       247,773,667

                                               TOTAL FUNDS     GENERAL FUNDS
                                               -----------     -------------

  EDUCATIONAL DIVISION
18A.  COMMISSION ON HIGHER EDUCATI              40,251,397         3,877,358
18B.  HIGHER EDUCATION TUITION GRA              16,407,973        15,620,315
18C.  THE CITADEL                               46,330,486        11,738,320
18D.  CLEMSON UNIVERSITY (EDUCATIO             281,925,783        75,828,541
18E.  UNIVERSITY OF CHARLESTON                  63,627,595        20,210,951
18F.  COASTAL CAROLINA UNIVERSITY               30,877,603         9,430,259
18G.  FRANCIS MARION UNIVERSITY                 29,659,478        11,049,074
18H.  LANDER UNIVERSITY                         19,043,260         7,281,831
18J.  SOUTH CAROLINA STATE UNIVERS              49,105,186        18,318,469
18KA.  UNIV OF SOUTH CAROLINA                  362,223,547       132,028,947
18KC.  U S C - AIKEN CAMPUS                     21,585,999         7,178,780
18KD.  U S C - SPARTANBURG CAMPUS               22,734,507         8,895,041
18KE.  U S C - BEAUFORT CAMPUS                   3,945,647         1,700,234
18KF.  U S C - LANCASTER CAMPUS                  4,837,183         2,241,257
18KG.  U S C - SALKEHATCHIE CAMPUS               3,764,089         1,725,523
18KH.  U S C - SUMTER CAMPUS                     7,809,808         3,161,467
18KJ.  U S C - UNION CAMPUS                      1,869,224           846,801
18L.  WINTHROP UNIVERSITY                       50,126,387        16,710,864
18MA.  MEDICAL UNIVERSITY OF SOUTH             282,070,809        72,070,809
18MB.  MEDICAL UNIVERSITY OF S C HO            459,714,670        49,214,670
18MC.  CONSORTIUM OF COMM. TEACHING             14,693,180         5,960,404
18N.  TECHNICAL & COMPREHENSIVE ED             249,032,594       120,075,970
19.  DEPARTMENT OF EDUCATION                 1,942,564,879     1,254,296,483
20.  EDUCATIONAL TELEVISION COMMI               29,367,632        20,737,637
21.  WIL LOU GRAY OPPORTUNITY SCH                3,644,290         2,643,984
22.  VOCATIONAL REHABILITATION                  73,989,862        14,348,406
23.  SCHOOL FOR THE DEAF AND THE                15,484,945        10,109,798
24.  DEPARTMENT OF ARCHIVES AND H                5,395,018         4,022,066
25.  CONFEDERATE RELIC ROOM AND M                  195,957           195,957
26.  STATE LIBRARY                               8,795,702         6,431,268
27.  ARTS COMMISSION                             5,146,083         3,428,903
28.  MUSEUM COMMISSION                           6,191,404         5,180,287
  TOTAL EDUCATIONAL DIVISION                 4,152,412,177     1,916,560,674

  HEALTH DIVISION
29.  HEALTH AND HUMAN SERVICES FI            2,126,947,759       272,861,712
30.  DEPARTMENT OF HEALTH & ENVIR              398,184,332        99,136,641
31.  DEPARTMENT OF MENTAL HEALTH               291,830,420       165,544,686
32.  DEPT OF DISABILITIES AND SPE              270,796,472       103,740,940
33.  DEPT OF ALCOHOL & OTHER DRUG               29,495,802         9,658,157
  TOTAL HEALTH DIVISION                      3,117,254,785       650,942,136

  PUBLIC SAFETY
34.  DEPARTMENT OF PUBLIC SAFETY               109,653,147        77,256,907
  TOTAL PUBLIC SAFETY  109,653,147              77,256,907

                                               TOTAL FUNDS     GENERAL FUNDS
                                               -----------     -------------

  SOCIAL REHABILITATION SERVICES DIVISION
35.  DEPARTMENT OF SOCIAL SERVICED             788,617,062       127,205,601
36.  JOHN DE LA HOWE SCHOOL                      4,551,837         3,331,401
37.  COMMISSION FOR THE BLIND                    8,275,690         3,121,826
38.  HOUSING, FINANCE AND DEVELOP               21,196,584
39.  HUMAN AFFAIRS COMMISSION                    2,441,372         1,929,533
40.  COMMISSION ON MINORITY AFFAI                  233,711           233,711
  TOTAL SOCIAL REHABILITATION SERV             825,316,256       135,822,072

  CORRECTIONAL DIVISION
41.  DEPARTMENT OF CORRECTIONS                 270,864,927       219,524,407
42.  DEPT OF PROBATION, PAROLE AN               36,278,408        19,486,882
43.  DEPARTMENT OF JUVENILE JUSTI               44,594,006        37,262,893
  TOTAL CORRECTIONAL DIVISION                  351,737,341       276,274,182

  CONSERVATION, NATURAL RESOURCES & DEVELOP DIV
44.  FORESTRY COMMISSION                        26,581,596        15,432,438
45.  DEPARTMENT OF AGRICULTURE                  10,521,339         6,116,498
46.  CLEMSON UNIV (PUBLIC SERVICE               60,500,417        44,157,571
47.  DEPARTMENT OF NATURAL RESOUR               57,231,986        24,810,928
48.  SEA GRANT CONSORTIUM                        3,919,306           486,156
49.  DEPT OF PARKS, RECREATION &                47,551,744         4,834,886
50.  DEPARTMENT OF COMMERCE                     12,463,915        10,006,392
51.  JOBS-ECONOMIC DEVELOPMENT AU                7,219,252
52.  PATRIOT'S POINT DEVELOPMENT                 3,845,544
54.  OLD EXCHANGE BUILDING                         112,944
  TOTAL CONSERVATION, NATURAL RESO             229,948,043       105,844,869

  REGULATORY DIVISION
55.  PUBLIC SERVICE COMMISSION                   7,726,806
56.  WORKERS' COMPENSATION COMMIS                4,333,385         3,542,385
57.  STATE ACCIDENT FUND                         9,618,652
58.  PATIENTS' COMPENSATION FUND                   257,689
59.  SECOND INJURY FUND                          1,270,967
60.  DEPARTMENT OF INSURANCE                     5,347,693         4,882,693
61.  BOARD OF FINANCIAL INSTITUTI                1,771,557
62.  DEPARTMENT OF CONSUMER AFFAI                2,139,959         2,089,259
63.  DEPT OF LABOR, LICENSING AND               22,577,973         8,514,726
64.  DEPARTMENT OF REVENUE AND TA               65,906,283        62,977,283
65.  STATE ETHICS COMMISSION                       465,377           425,377
66.  EMPLOYMENT SECURITY COMMISSI              108,884,825           180,554
67.  PROCUREMENT REVIEW PANEL                      112,777           112,777
  TOTAL REGULATORY DIVISION                    230,413,943        82,725,054

  DEBT SERVICE
68.  DEBT SERVICE                              144,661,522       144,661,522
  TOTAL DEBT SERVICE                           144,661,522       144,661,522

                                               TOTAL FUNDS     GENERAL FUNDS
                                               -----------     -------------

  MISCELLANEOUS DIVISION
69A.  AID TO SUBDIVISIONS - COMPTR              83,898,553        83,898,553
69B.  AID TO SUBDIVISIONS - STATE              155,233,999       155,233,999
  TOTAL MISCELLANEOUS DIVISION                 239,132,552       239,132,552

  TRANSPORTATION DIVISION
70.  DEPARTMENT OF TRANSPORTATION              619,039,549           585,976
  TOTAL TRANSPORTATION DIVISION                619,039,549           585,976

 GRAND TOTAL                                10,651,655,215     3,932,951,271

   SOURCE OF FUNDS
   ---------------
      GENERAL FUNDS                          3,932,951,271
      FEDERAL FUNDS                          3,411,689,770
      EARMARKED FUNDS                        2,755,207,157
      RESTRICTED FUNDS                         551,807,017
      TOTAL FUNDS                           10,651,655,215

                             SECTION 128

                 ESTIMATE OF GENERAL, SCHOOL, HIGHWAY,
                AND EDUCATION IMPROVEMENT ACT REVENUES
                          FISCAL YEAR 1994-95

REGULAR SOURCES:
 Retail Sales Tax                                       1,385,244,886
 Income Tax (Total)                                     1,796,637,369

Individual                                              1,620,179,796

Corporation                                               176,457,573
                                                        -------------
Total Income and Sales Tax                              3,181,882,255
                                                        -------------

All Other Revenue
 Admissions Tax                                             3,600,000
 Aircraft Tax                                               2,811,834
 Alcoholic Liquor Tax                                      48,500,000
 Bank Tax                                                  10,000,000
 Beer and Wine Tax                                         75,352,500
 Business License Tax                                      29,238,184
 Coin-Operated Device Tax                                  27,000,000
 Commercial Nuclear Waste Tax                                 600,000
 Corporation License Tax                                   44,653,141
 Department of Agriculture                                  6,986,292
 Departmental Revenue                                      46,683,137
 Documentary Tax                                           14,854,657
 Earned on Investments                                     35,100,000
 Electric Power Tax                                        18,358,576
 Estate Tax                                                16,000,000
 Fertilizer Inspection Tax                                    210,000
 Gasoline Tax-Counties                                     19,566,471
 Insurance Tax                                             74,272,000
 Limited Medicaid Earned Funds                            112,482,776
 Motor Transport Fees                                       5,802,960
 Motor Vehicle Licenses                                    96,010,100
 Private Car Lines Tax                                      1,200,000
 Public Service Assessment                                    513,130
 Public Service Authority                                   6,532,000
 Radioactive Waste Surcharge                                3,060,000
 Retailers' License Tax                                       663,950
 Savings & Loan Association Tax                             4,000,000
 Soft Drinks Tax                                           25,900,502
 Workers' Compensation Insurance Tax                        7,600,000
                                                        -------------
 Total All Other Revenue                                  737,552,210
                                                        -------------
Total Regular Sources                                   3,919,434,465
                                                        -------------

MISCELLANEOUS SOURCES:

 Circuit & Family Court Fines                               7,360,000
 Debt Service Reimbursement                                 8,525,876
 Indirect Cost Recoveries                                  21,884,500
 Mental Health Fees                                         3,800,000
 Parole & Probation Supervision Fees                        3,400,000
 Unclaimed Property Fund Transfer                           5,220,531
 Waste Treatment Loan Repayment                               360,000
 Non-recurring Revenue                                     17,560,000
                                                        -------------
Total Miscellaneous Sources                                68,110,907
                                                        -------------
Total Regular and Misc. Revenue                         3,987,545,372
Less: Act 162 of 1993-
 Spending Limitation                                     (54,591,247)

 Total General Fund Revenue                             3,932,954,125
                                                        -------------
 Department of Transportation Revenue                     296,055,162

  Education Improvement Act                               346,960,000
                                                        -------------
 Total All Sources of Revenues                          4,575,969,287
                                                        =============

129.1. (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 of Title 44 (Involuntary Commitment), Article 7, Chapter 17 of Title 44 of the 1976 Code (Judicial Commitment), Chapter 3 of Title 17 of the 1976 Code (Defense of Indigents), and Article 1 of Chapter 3 of 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.

129.2. (GP: Capital Improvement Bond Balance Transfer) After review by the Joint Bond Review Committee, the State Budget and Control Board may transfer to the Bond Contingency Revolving Fund any capital improvement bond project balances determined not to be usable or needed. Capital improvement bonds issued on behalf of the Mental Health Commission as provided in Act 151 of 1983 and Act 1272 and 1276 of 1970, as amended, or to bonds issued on behalf of the Department of Disabilities & Special Needs as provided in 44-21-1010 et seq. are exempt. Before accomplishing a transfer of this type, the required determination must be made by the agency for which the funds were authorized or by the Board if the agency no longer exists and the Board must find that the purpose for which the funds were authorized has been achieved.

129.3. (GP: Case Service Billing Payments Prior Year) Notwithstanding any other provision of law, 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.

129.4. (GP: Credit Cards for Goods & Services) Notwithstanding any other provision of law, the State Treasurer may enter into contracts whereby the agency or institution may accept credit cards as payment for goods or services provided.

129.5. (GP: Warrant Requisitions, Deposits) The expenditure of money appropriated in this Act shall be by warrant requisitions directed to the Comptroller General. Upon receipt of the requisition, accompanied by invoices or other satisfactory evidence of the propriety of the payment, and itemized according to standard budget classifications, the Comptroller General shall issue his warrant on the State Treasurer to the payee designated in the requisition. No requisitions for warrants shall be processed for any amounts less than one dollar. Upon approval and designation by the State Budget and Control Board, state institutions may requisition funds in favor of their own treasurer, itemized only to the extent of the purpose of the appropriation as expressed in this Act, and may deposit such funds in the name of the institution, in such bank or banking institutions as shall be designated by the State Treasurer, and disburse same by check to meet the purposes of the appropriation, but strict account shall be kept of all such expenditures according to standard budget classifications. All money shall be drawn only when actually owing and due. The Comptroller General shall establish rules and regulations for the uniform reimbursement, remittance and transfers of funds to the General Fund of the State required by law.

129.6. (GP: Federal Program Expenses, Lag Time) After July 1, of the current fiscal year, the Department of Health and Environmental Control, Department of Mental Health, Department of Disabilities & Special Needs, Department of Social Services, Department of Health and Human Services, Division on Aging, Division of Foster Care, Department of Corrections, and Department of Juvenile Justice may expend if necessary, state appropriated funds for the current fiscal year to cover fourth quarter Federal Programs expenses incurred in the prior fiscal year necessitated by the time lag of federal reimbursement.

129.7. (GP: Federal Funds, Donations, Deposited in State Treasury) All Federal Funds received shall be deposited in the State Treasury, if not in conflict with Federal regulations, and withdrawn therefrom as needed, in the same manner as that provided for the disbursement of state funds. If it shall be determined that federal funds are not available for, or cannot be appropriately used in connection with, all or any part of any activity or program for which state funds are specifically appropriated in this Act to match Federal funds, the appropriated funds may not be expended and shall be returned to the General Fund, except upon specific written approval of the Budget and Control Board after review by the Joint Appropriations Review Committee. Donations or contributions from sources other than the Federal Government, for use by any state agency, shall be deposited in the State Treasury, but in special accounts, and shall be withdrawn from the treasury as needed to fulfill the purposes and conditions of the said donations, or contributions, if specified, and, if not specified, as may be directed by the proper authorities of the department. The expenditure of funds by agencies of the State Government from sources other than General Fund appropriations shall be subject to the same limitations and provisions of law applicable to the expenditure of appropriated funds with respect to salaries, wages or other compensation, travel expense, and other allowance or benefits for employees.

129.8. (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.

129.9. (GP: POLA - 110%, Other Funds) The Professional and Occupational Licensing Agencies in Program "VI. A. Professional and Occupational Licensing Offices", within the Department of Labor, Licensing, and Regulation, must generate revenue at least equal to 110% of their expenditures with 10% deposited to the General Fund. The Contractor's Licensing Board must remit all revenues above their expenditures to the General Fund, which includes the 10%.

129.10. (GP: State Institutions - Revenues & Income) The University of South Carolina, Clemson University, the Medical University of S. C. (including the Medical University Hospital), The Citadel, Winthrop University, S. C. State University, Francis Marion University, University of Charleston, Lander 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 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 129.5 of this Act, 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 State 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 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.

129.11. (GP: BCB Authority Agency Surveys, Facilities Studies & Bonds) In addition to the powers and duties devolved upon the Budget and Control Board by the 1976 Code of Laws of this State, the said Board is hereby given full power and authority to make surveys, studies, and examinations of departments, institutions, and agencies of this State, as well as its programs, so as to determine whether a proper system of accounting is maintained in such departments, institutions, commissions, and agencies, and to require and enforce the adoption of such policies as are deemed necessary to accomplish these purposes; and to survey, appraise, examine and inspect, and determine the true conditions of all property of the State, and what may be necessary to protect it against fire hazard or deterioration, and to conserve its use for State purposes, and to make and issue and to enforce all necessary, needful, and convenient rules and regulations for the enforcement of this provision and to approve the destruction or disposal of records of no value to the State. The State Budget and Control Board may require that all plans and specifications for permanent improvements of any nature by any State department or institution shall be submitted to the said Board for approval prior to the awarding of any contract therefor, or prior to construction by any other means. The State Budget and Control Board shall have the authority to approve blanket bonds for each of the several departments, agencies and institutions of the state government, which bonds shall include coverage requirements by law for particular officials and employees and any others who, in the opinion of the Board, should be bonded. Such blanket bonds shall be subject to approval as to form and execution by the Attorney General.

The Division of Operations may contract to develop an energy utilization management system for state facilities under its control and to assist other agencies and departments in establishing similar programs following all applicable laws and regulations, but no capital expenditures are authorized hereby.

129.11. (GP: BCB Authority Agency Surveys, Facilities Studies & Bonds) In addition to the powers and duties devolved upon the Budget and Control Board by the 1976 Code of Laws of this State, the said Board is hereby given full power and authority to make surveys, studies, and examinations of departments, institutions, and agencies of this State, as well as its programs, so as to determine whether a proper system of accounting is maintained in such departments, institutions, commissions, and agencies, and to require and enforce the adoption of such policies as are deemed necessary to accomplish these purposes; and to survey, appraise, examine and inspect, and determine the true conditions of all property of the State, and what may be necessary to protect it against fire hazard or deterioration, and to conserve its use for State purposes, and to make and issue and to enforce all necessary, needful, and convenient rules and regulations for the enforcement of this provision and to approve the destruction or disposal of records of no value to the State. The State Budget and Control Board may require that all plans and specifications for permanent improvements of any nature by any State department or institution shall be submitted to the said Board for approval prior to the awarding of any contract therefor, or prior to construction by any other means. The State Budget and Control Board shall have the authority to approve blanket bonds for each of the several departments, agencies and institutions of the state government, which bonds shall include coverage requirements by law for particular officials and employees and any others who, in the opinion of the Board, should be bonded. Such blanket bonds shall be subject to approval as to form and execution by the Attorney General.

The Division of Operations may contract to develop an energy utilization management system for state facilities under its control and to assist other agencies and departments in establishing similar programs following all applicable laws and regulations, but no capital expenditures are authorized hereby.

129.12. (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.

129.13. (GP: Bank Procedures - State Treasury A Bank) In any instances where Federal laws or regulations, relating to funds allotted to State Government agencies, include requirements relating to banking procedures, the State Treasury shall be deemed to meet the definition of a bank.

129.14. (GP: Federal Funds - DHEC, DSS, DHHS, Aging - Disallowances) Amounts appropriated to the Department of Health and Environmental Control, Department of Social Services, Department of Health and Human Services, and Division on Aging 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 House Ways and Means Committee and the Senate Finance Committee, within five days of receipt of such actions.

129.15. (GP: Family Foster Care Payments) The Department of Disabilities & Special Needs, Department of Social Services, and Department of Juvenile Justice shall furnish as Family Foster Care payments for individual foster children under their sponsorship:

            ages 0 -  5          $212 per month
            ages 6 - 12          $239 per month
            ages 13 +            $305 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.

129.16. (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.

129.17. (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.

129.18. (GP: Educational Fee Waivers) The institutions of higher education may offer educational fee waivers to no more than two percent of the undergraduate student body.

129.19. (GP: Human Services Coordinating Council Creation) The General Assembly finds that the operation of health and human services may be enhanced by closer working relationships among agencies at the state and local level. The General Assembly finds that coordination at both levels provides opportunities to serve the citizens of South Carolina better through (1) continued expansion of services integration and (2) stronger communication among agencies delivering services.

In order to assist in, recommend, develop policy for, and supervise the expenditure of funds for the continuation of service integration in South Carolina, there is created a Human Services Coordinating Council, hereinafter, entitled the Council. The Council shall consist of:

(1) The chairperson of the boards of the following agencies: Division on Aging, Department of Alcohol and Other Drug Abuse Services, Commission for the Blind, Division of Foster Care, Department of Education, Department of Health and Environmental Control, Department of Health and Human Services, Department of Juvenile Justice, Division of Veterans' Affairs, John De La Howe School, Department of Mental Health, Department of Disabilities & Special Needs, School for the Deaf and the Blind, Department of Social Services, Department of Vocational Rehabilitation, Guardian ad Litem Program, Division of Continuum of Care, Educational Television, Wil Lou Gray Opportunity School, Department of Corrections, Probation, Parole and Pardon Services and the State Housing Finance and Development Authority.

These chairpersons shall receive the usual mileage, subsistence, and per diem provided by law for members of committees, boards, and commissions. Mileage, subsistence, and per diem must be paid from the approved accounts of their respective boards or commissions.

(2) The Director or Chief Executive Officer of each of the following: Division on Aging, Department of Alcohol and Other Drug Abuse Services, Commission for the Blind, Division of Foster Care Department of Education, Department of Health and Environmental Control, Department of Health and Human Services, Department of Juvenile Justice, Division of Veterans' Affairs, John De La Howe School, Department of Mental Health, Department of Disabilities and Special Needs, School for the Deaf and the Blind, Department of Social Services, Department of Vocational Rehabilitation, Guardian ad Litem Program, Division of Continuum of Care, Educational Television, Wil Lou Gray Opportunity School, Department of Corrections, Probation, Parole and Pardon Services and the State Housing Finance and Development Authority.

(3) The Governor or his designee.

(4) Other such members as the Council shall deem appropriate.

The Council shall:

(1) Select a Board Chairperson, Director or Chief Executive Officer on an annual basis to serve as the Council Chairperson.

(2) Meet regularly to provide an opportunity for collaboration and cooperation among member agencies.

The Council shall have as its goals:

(1) Identify and address priority health and human needs and promote the availability of responsive resources.

(2) Promote cost-effective, efficient approaches for the delivery of health and human services which include prevention, education, reduction of dependency, promotion of self-sufficiency and delivery of services in the least restrictive, most appropriate community-based and institutional settings.

(3) Provide coordination between the council members and the Department of Health and Human Services in the development of the comprehensive State Health and Human Services Plan.

(4) In cooperation with the Department of Health and Human Services, coordinate and oversee efforts to integrate services information among state agencies and between state and local agencies.

(5) Review and monitor service integration efforts begun by the Human Services Integration Projects, and including:

(a) Developing standards for case management activities and coordinating with local entities on service integration efforts, and

(b) Receiving requests for funding of projects designed to further integration of services, including review and approval of such projects.

Member agencies and departments of the Council shall collect and provide client information, including Social Security Number, for the Client Masterfile System, and for development and use of a uniform client application database for statistical purposes and for improving human services delivery systems for South Carolinians. For purposes of this sub-section, the State, rather than an individual agency, will be the owner of the data. All individual client information submitted by participating agencies or departments will be regarded as confidential; the information collected may not be released, under any circumstances, to entities or individuals outside the Client Masterfile System, State Data Oversight Council, or client application database unless release is made of aggregate statistical information so that no individual client may be identified. No data submitted may be released by the Client Masterfile System except in a format approved by the Council. For the purposes of this sub-section only, 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 sub-section is hereby declared inapplicable to this sub-section. Each member agency or department of the Council shall be required to take all steps reasonably necessary to effectuate the waiver of federal rules, regulations, or statutes or the elimination of other factors that interfere with collection or use of data by the Client Masterfile System or client application database. Those steps shall include but not be limited to, the seeking of federal legislation, the negotiation of agreements between the Council or State and any federal agency or board, the application for the waiver of any federal rule, regulation or statute, and the seeking of client's permission to share data. The Human Services Coordinating Council shall assume the duties and responsibilities of the Aging Coordinating Council and the Long Term Care Council as specified in Sections 43-21-120 through 43-21-140. The council shall establish a long term care standing committee and include on the committee a representative of the long term care industry, a representative of the insurance industry, and a representative of the general public.

129.20. (GP: Alternate Electronic Funds Transfer System) There is established a committee to study an alternate electronic funds transfer system to deliver benefits to qualified recipients. The committee shall consist of one representative from each of the following agencies: the South Carolina Department of Social Services, Department of Health and Human Services, the State Reorganization Commission, and the State Treasurer. One member each shall be appointed by the President of the Senate, the Speaker of the House of Representatives, and the Governor. The Committee shall provide oversight and monitoring of the implementation of the alternate electronic benefit transfer pilot project.

129.21. (GP: Employer Contributions Cost of Agencies) It is the intent of the General Assembly that the amount so provided to each agency or institution for employee benefits shall be sufficient to pay the employer contribution costs of that agency. The Budget and Control Board is directed to devise a plan for the expenditure of the funds appropriated for employer contributions and may require transfers of funds within an agency or institution if it becomes evident that the employer contribution costs will exceed the funds available for that purpose.

129.22. (GP: Dual Employment) Any employee who is approved for dual employment must be paid in a timely manner. The secondary agency is required to make payment of funds approved for and earned under dual employment within fortyfive days of the beginning of the employment.

129.23. (GP: Payroll Schedule & Compensation Restrictions) Except as otherwise provided in this Act, all appropriations for compensation of State Employees shall be paid in twice-monthly installments to the person holding such position. In order to provide a regular and permanent schedule for payment of employees, it is hereby established that the payroll period shall begin on June 2, of the prior fiscal year with the first pay period ending on June 16, of the prior fiscal year. The payroll period shall continue thereafter on a twice-monthly schedule as established by the Budget and Control Board. It is the intent of the General Assembly that this schedule, thus established, will continue from one fiscal year to another without interruption, on a twice monthly basis. The Budget and Control Board is authorized to approve any changes to this schedule where circumstances are deemed justifiable.

The appropriated salaries for specified positions shall mean the maximum compensation for such position, except as specifically provided in other provisions of this act, and in any case where the head of any department can secure the services for a particular position or work at a lower rate than the salary specified in this Act, authority for so doing is hereby given.

No employee of any state department or institution shall be paid any compensation from any other department of the state government except those approved under the provisions of Regulation 19-702.09 of the 1976 Code, as amended, and no employee of any department or institution shall be paid travel expenses by any other department or institution without approval of the agency by which he is regularly employed. The Comptroller General shall report, after June thirtieth of each year, to the House Ways and Means Committee and the Senate Finance Committee the names of all employees receiving dual compensation and the amounts received.

The provisions of Regulation 19-707.02 and Section 8-5-10 of the 1976 Code, as amended, shall not apply to employees hired for 120 days or less.

129.24. (GP: Contracts - Private Individuals) Agencies of the state may contract with private individuals for personnel services for periods not to exceed twelve months and for amounts of less than $60,000, notwithstanding any other provision of law.

129.25. (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 31, 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 15, 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.

129.26. (GP: RIF, Recall Procedures, Residency Preference) Notwithstanding any other provision of law, when a vacancy occurs in a state agency, other than institutions of higher education, or when an agency acts to fill a new position, the agency shall give preference to residents of this State, if the two are equally qualified for the vacancy or new position.

129.27. (GP: Temporary Grant Funded Positions) Notwithstanding any other provision of law or this Act, state agencies and institutions may, at their discretion, hire employees to fill temporary grant positions specified in federal grants, public charity grants, private foundation grants, and research grants approved or authorized by the appropriate state authority in accordance with the following provisions:

A. Only those funds authorized within the approved federal grant, public charity grant, private foundation grant, or research grant can be used to pay the salaries and/or benefits of temporary grant employees hired under this provision.

B. Temporary grant positions, employees, and the conditions of their employment shall be reported in accordance with provisions developed by the Division of Budget and Analyses of the Budget and Control Board.

C. Positions established under this provision must be limited to and must not exist beyond the duration of the grant or any subsequent renewal of it. When the grant or any subsequent renewal ends, temporary grant employees must be terminated and their positions will cease to exist. Temporary grant employees will be exempt from the provisions of Sections 8-17-310 through 8-17-380 of the 1976 Code, as amended. State agencies and institutions must terminate all temporary grant positions at any time funding upon which the grant is based is terminated or is insufficient to continue payments under the conditions of the grant.

D. Temporary grant employees may be eligible for the same benefits, excluding permanent or probationary employment status, available to permanent state employees provided that such funds are available within the grant.

E. Temporary grant employees shall be deemed to be employed at will. The temporary grant employee shall not be entitled to any compensation beyond the date of termination, other than for such part of the grant that has been performed.

F. Discretionary determinations by a state agency or institution as to whether to hire an employee pursuant to this proviso are final and not subject to administrative or judicial appeal.

129.28. (GP: Personal Service Reconciliation, FTEs) The General Assembly expresses its continuing concern over the control of the number of personnel employed by the State of South Carolina. This concern is evidenced in the 1980 Public Employment Report of the United States Bureau of Census. It is further declared to be the intent of the General Assembly to continue to take positive steps to reduce the number of personnel employed in the future, without unduly hampering the legitimate functions of state government.

In order to obtain 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 after review and comment by the Joint Legislative Committee on Personal Service Financing and Budgeting. Specific written confirmation of such majority approval shall be forwarded to the Joint Appropriations Review Committee in the event that any agency is allowed to exceed the number of positions authorized in this Act.

2. That the Division of Budget and Analyses 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 and shall provide a certified duplicate of such record to the Joint Legislative Committee on Personal Service Financing and Budgeting and to the Joint Appropriations Review Committee. The Division of Budget and Analyses shall submit monthly reports to the Joint Legislative Committee on Personal Service Financing and Budgeting and the Joint Appropriations Review Committee and such reports shall include any changes in the authorized number of full-time equivalent positions, the number of filled and vacant positions and any other data requested by the committees.

(a) That within thirty (30) days of the passage of the Appropriation Act or by August 1, 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 authorized in the Board record 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 in an effort to conserve or stay within the state appropriated personal service funds. Each agency may, upon notification to the Budget and Control Board, transfer FTEs between programs as needed to accomplish the agency mission. No agency shall change funding sources that will cause the agency to exceed the authorized number of state or total full-time equivalent positions.

(b) By September 30, the Board shall prepare a personal service detail, by agency, which shows each position established for the fiscal year and the amount of funds required, by source of funds, to support the position for the fiscal year at a funding level of 100% and 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 Joint Legislative Committee on Personal Service Financing and Budgeting.

(c) 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 and the Joint Legislative Committee on Personal Service Financing and Budgeting.

(d) Full-time equivalent (FTE) positions shall be determined under the following guidelines:

1.The annual work hours for each FTE shall be the agency's full-time standard annual work hours.

2. The State FTE shall be derived by multiplying the state percentage of budgeted funds for each position by the FTE for that position.

3. 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.

3. 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.

4. The Budget and Control Board shall annually reconcile personal service funds with full-time employee count to determine unfunded positions which should be eliminated. The Budget and Control Board must report their findings to the Senate Finance Committee and the Ways and Means Committee by February 1 of the current fiscal year.

5. 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.

6. 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 Budget and Control Board, in making their appropriation recommendations to the Ways and Means Committee, must provide that the level of personal service appropriation recommended for each agency is at least 97% of the funds required to meet 100% of the funds needed for the full-time equivalents positions recommended by the Board (exclusive of new positions).

129.29. (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 prerequisites of office or of employment shall be allowed in addition thereto, but such prerequisites, 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 for department-owned housing used for recruitment and training of Mental Health Professionals, nor to guards at any of the State's penal institutions and nurses and attendants at the Department of Mental Health, and the Department of Disabilities & 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 the Directors of John G. Richards Campus, Willow Lane Campus, and the Reception and Evaluation Center at the Department of Juvenile Justice nor to the Residence Dormitory Director and the Assistant Residence Director at the Governor's School for Science and Mathematics. 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 Commissioner of the Department of Corrections, the Director of the Department of Mental Health, the Farm Director, Farm Managers, and Specialists employed at the Wateree River Correctional Institution, Walden Correctional Institution, MacDougall Youth Correctional Center, and Givens Youth Correctional Center; the S. C. 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, Lake Superintendent, and Fort Johnson Superintendent; the Department of Parks, Recreation and Tourism field personnel in the State Parks Division; the Agricultural Aide at the Department of Juvenile Justice Farm; Director of Wil Lou Gray Opportunity School; President of the School for the Deaf and the Blind; houseparents for the Commission for the Blind; S.C. Department of Health and Environmental Control personnel at the State Park Health Facility and Camp Burnt Gin; Assistant Director of Residence Life and a student counselor at Lander University; Clemson University's Head Football Coach; the Department of Disabilities & Special Needs' physicians and other professionals at Whitten Center, Clemson University Off-Campus Agricultural Staff and Housing Area Coordinators; and University of South Carolina's Manager of Bell Camp Facility, Housing Maintenance Night Supervisors, Residence Life Directors, temporary and transition employees, and emergency medical personnel. 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 Joint Legislative Committee on Personal Service Financing and Budgeting by October 1, 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 State 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. Commuter mileage on non-exempt state vehicles shall be considered as income and reported by the Comptroller General in accordance with IRS regulations. 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 prerequisite 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.

129.30. (GP: MUSC Hospital Services Rates) The Board of the Medical University of South Carolina shall provide hospital services to state employees and officials of state government at a rate not to exceed the payment rates to hospitals provided by the employee's insurance program(s). Private physician fees, psychiatry, and all dental are not included.

129.31. (GP: Health Programs for Agency Heads MUSC, USC) The Medical University of South Carolina and the School of Medicine of the University of South Carolina shall develop health programs for agency heads. The programs shall be submitted to the Budget and Control Board for approval, after which the Board may authorize the agency or institution to pay, on behalf of the agency head, one-half of the cost, provided that the amount to be paid by the agency shall not exceed $250. Where the agency or institution is located in an area other than Columbia or Charleston, the Budget and Control Board may approve an alternate health plan for the agency head and may authorize payment by the agency which is consistent with payments to the Medical University or the University of South Carolina.

129.32. (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, 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.

129.33. (GP: Replacement of Personal Property) The Department of Juvenile Justice, Department of Corrections, Probation, Parole and Pardon Services, Department of Mental Health, Department of Disabilities & Special Needs 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.

129.34. (GP: Law Enforcement Officer Retiree Weapon Purchase) All state employees, who are commissioned law enforcement officers upon retirement, if vested, may purchase their assigned weapon at a reasonable fee.

129.35. (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.

129.36. (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.

129.37. (GP: Travel Spouse of Governor & Lt. Governor) Notwithstanding any other provision of law, the spouses of the Governor and the Lieutenant Governor of the State are authorized to receive reimbursement of actual expenses when accompanying the Governor or the Lieutenant Governor on official state business.

129.38. (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 education center while traveling on the business of the State shall, upon presentation of a paid receipt, be allowed reimbursement for actual expenses incurred for lodging. 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 ($20) 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 reasonable, 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.

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. 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 50 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 50 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 he 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 or a Family Court 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 or Family Court Judge is entitled to a subsistence allowance in the amount of $35 per day. While holding court or on other official business at a location fifty miles or more from his residence , a Circuit Court or Family Court Judge is entitled to a subsistence allowance in the amount as provided in this Act for members of the General Assembly.

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, Public Service Commission and the Employment Security 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, Public Service Commission or the Employment Security Commission while traveling in the county of his official residence. When traveling on official business of the Commission within 50 miles outside the county of his official residence, a member of the Workers' Compensation Commission, Public Service Commission or the Employment Security Commission shall be allowed subsistence expenses in the amount of $35 per day. When traveling on official business of the Commission 50 or more miles outside the county of his official residence, each member shall be allowed a subsistence expense in the amount of $50 per day.

J. When an employee of the State shall use his or her personal automobile in traveling on necessary official business, a charge of 25.5 cents per mile will be allowed for the use of such automobile and the employee shall bear the expense of supplies and upkeep thereof. 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 21.5 cents per mile will be allocated for the use of such vehicle and the employee shall bear the expense of supplies and upkeep thereof. 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 (30) days after the end of the trip or by the end of the fiscal year, 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 State 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.

129.39. (GP: Asbestos Litigation Funds) All funds involved in the settlement of asbestos litigation cases, with the exception of those funds involving the University of South Carolina system and Clemson University, must be deposited into an interest bearing account in the State Treasurer's Office entitled "Asbestos Expense Trust Account". The University of South Carolina system and Clemson University must deposit all funds involved in the settlement of asbestos litigation into separate institutional interest bearing accounts entitled "Asbestos Expense Trust Account", with each institution's name appropriately captioned in their respective accounts, to be maintained in the State Treasurer's Office. These accounts shall only be used for expenses relating to asbestos litigation, asbestos abatement, or other asbestos related expenses or projects. Such projects must be approved by the Budget and Control Board after review by the Joint Bond Review Committee.

129.40. (GP: State Port Authority Funds - Rent) Any funds derived by the State Port Authority from the rental, lease or sale of any of its facilities shall be expended for the benefit of the particular Port where such facilities are located.

129.41. (GP: Rental Charges, Collections State Offices) Subsection (a). The Budget and Control Board is hereby directed to assess and collect a rental charge from all departments and agencies of the State Government occupying space in State-controlled office buildings. The amount charged each department or agency shall be calculated on a square foot, or other equitable basis of measurement, and at such rates as will yield sufficient total annual revenue to cover, unless the Budget and Control Board determines otherwise, in priority order, both (1) the annual principal and interest due on the Capital Improvement Obligations authorized by Act No. 829 of the 1964 Acts, Act No. 1273 of the 1970 Acts and Act No. 508 of the 1971 Acts and Act No. 1377 of the 1968 Acts as amended for projects administered by the Division of General Services and (2) maintenance and operation costs of State-controlled office buildings in the City of Columbia. The amount so collected which is applicable to the payment of principal and interest due on obligations authorized by Act 1377 of the 1968 Acts as amended shall be paid into the State's General Fund to apply on debt service appropriations under the Section 119 of this Act.

Subsection (b). All departments and agencies against which rental charges are assessed and whose operations are financed in whole or in part by Federal and/or other non-appropriated funds are directed to apportion the payment of such charges equitably among all such funds, so that each shall bear its proportionate share. All appropriations in this Act applicable to the rental of space in State-controlled buildings (exclusive of the Department of Transportation), shall be available only for payment of that portion of rental charges applicable to State-appropriated operations.

Subsection (c). Rental collections shall be deposited by the Budget and Control Board in the State Treasury in a special account and shall be expended only for (1) payment of principal and interest due on the obligations referred to in Subsection (a) above and (2) maintenance and operations costs of the buildings referred to in Subsection (a) above.

129.42. (GP: Annual Accountability Report) Each agency of state government shall prepare an Annual Accountability Report in lieu of an Annual Report to be submitted to the General Assembly. The report shall contain the agency mission, objectives to accomplish the mission, and performance measures that show the degree to which objectives are being met.

129.43. (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 1 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.

129.44. (GP: Information Technology - Report of Requested Increases) The Budget and Control Board, through the Information Technology Planning Process of the Division of Budget and Analyses, is authorized and directed to identify all expenditures and requested increases for information technology for Agencies, Institutions or Departments, with the exception of colleges and universities, compile the request into one report, evaluate and place priorities on each request, and recommend funding levels. No agency shall commit to expend more funds for information technology than allocated to the agency for the purpose without first receiving an approved transfer of such funds from other budget items.

129.45. (GP: Lump-Sum Agencies Expenditure Report) Beginning with Fiscal Year 1993-94, all lump-sum agencies shall prepare, annually, a year-end expenditure report that reflects total expenditures by source of funds, program, sub-program, personnel by minor object code, and all other expenditures by major object codes as defined by the Comptroller General's Office. This report shall be submitted to the Division of Budget and Analyses of the Budget and Control Board no later than 75 days following the close of each fiscal year.

129.46. (GP: Printing Costs Disclosure on State Publications) All agencies using appropriated funds shall print on the last page of all bound publications the following information:

(1) Total Printing Cost

(2) Total Number of Documents Printed

(3) Cost Per Unit

The President Pro Tempore of the Senate, the Speaker of the House, Legislative Printing and Information Technology Resource, the Presidents of each institution of higher education, and the State Board for Technical and Comprehensive Education may exempt from this requirement, documents published by their respective agencies. Agency publications which are produced for resale are also exempt from this requirement.

Publications of public relations nature, produced by Parks, Recreation and Tourism, and the Division of State Development are exempt from this requirement.

129.47. (GP: PORS Retirees Salary Limit) Notwithstanding the provisions of subsections (1) and (2) of Section 9-11-90, a retired member of the System may return to employment covered by the System and earn up to twelve thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the System. If the retired member continues in service after having earned twelve thousand dollars in a fiscal year, his retirement allowance must be discontinued during the period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to an employee or member of the System who has retired mandatorily because of age pursuant to Section 9-1-1530.

129.48. (GP: SCRS Retirees Salary Limit) Notwithstanding any other provision of law, a retired member of the System may return to employment covered by the System and earn up to twelve thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the System. If the retired member continues in service after having earned twelve thousand dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to an employee or member of the System who has retired mandatorily because of age pursuant to Section 9-1-1530.

129.49. (GP: State Owned Aircraft - Maintenance Logs) Each agency having in its custody one or more aircraft shall maintain a continuing log on all flights, which shall be open for public inspection. 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 aircraft of the Division of Aeronautics unless the member or official files within forty-eight hours after the time of departure of the flight with the Division of Aeronautics 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 an appropriate official of the agency 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.

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 Division of State Development whose confidentiality must, in the opinion of SLED or the Division, be protected shall be listed in writing on the flight log as "Confidential Passenger SLED or the Division of State Development (strike one)" and the appropriate official of SLED or the Division shall certify to the agency operating the aircraft the necessity for such confidentiality.

Violation of the above provisions of this section is prima facie evidence of a violation of Section 8-13-410(1) of the 1976 Code 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 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.

Aircraft owned by agencies of state government shall not be leased to individuals for their personal use.

129.50. (GP: Aircraft - Purchased, Leased, Leased-Purchased) No aircraft will be purchased or leased or leased-purchased for more than a 30 day period for any state agency without the authorization of the State Budget and Control Board and the Joint Bond Review Committee.

129.51. (GP: Confiscated Air or Water Craft) Notwithstanding any other provision of law, any aircraft and watercraft confiscated or seized under the provisions of Act 185 of 1979 may be used by a governmental agency, at the discretion and approval of the Budget and Control Board.

129.52. (GP: State Primary Prevention Strategy) The Human Services Coordinating Council is designated as the entity responsible for developing and coordinating the implementation of a plan for a State Primary Prevention Strategy. Primary prevention is defined as programs which seek to prevent the onset of disease, disability or high risk behaviors through the enhancement of individual and community protective factors and the reduction of risk factors. The plan must be submitted to the Governor, Chairman of Ways and Means and Chairman of Senate Finance for approval. Upon their approval, participating agencies are authorized to utilize those funds identified as the State Primary Prevention Strategy in Section 30. The project plan must provide: 1) A primary prevention mission statement; 2) Project objectives; 3) Current and proposed service efforts and accomplishment indicators (input, output, outcomes and efficiency); 4) A description of the anticipated benefits and costs; and 5) An independent evaluator component.

129.53. DELETED

129.54. DELETED

129.55. (GP: Carry Forward) Each agency shall be authorized to carry forward unspent general fund appropriations from the prior fiscal year into the current fiscal year, up to a maximum of 5% 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 is suspended if necessary to avoid a fiscal year-end general fund deficit. For purposes of this proviso, the amount of the general fund surplus/deficit shall be considered after all appropriations from the Capital Reserve Fund have been allowed 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 5% 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.

129.56. DELETED

129.57. (GP: Publication List for General Assembly) With the exception of telephone directories, training manuals, code manuals or other such reference materials, and notwithstanding any other requirement, mandate, or provision of this act to the contrary, no agency, department, or entity of state government shall provide the General Assembly with a hard copy of any publications whether or not such publications, reports or other documents are required to be furnished to the General Assembly by law. Any such transmission shall be made by electronic medium in such format and form and in accordance with such technical standards as may be established by the Office of Legislative Printing and Information Technology Resources (LPITR). LPITR shall make any such information transmitted available through its network except for those documents or portions of documents it deems necessary or more efficient for an agency to produce in hard copy form. Any report governed by the requirements of this proviso may be published in hard copy form if authorized by the Speaker of the House and the President Pro Tempore of the Senate.

129.58. DELETED

129.59. DELETED

129.60. (GP: Regulatory Audit) Each agency shall conduct a jurisdictional audit for the purpose of identifying laws, regulations and provisos which are not being used or no longer need to be regulated. After identifying these laws, repeals are to be drafted for submission to the General Assembly.

129.61. (GP: Transfer of Earned Revenue) The Medical University of S.C. and the Department of Mental Health must remit a total of $112,482,776 of earned revenue to the General Fund for the current fiscal year. Each agency's share of the remittance will be established by the Department of Health & Human Services.

129.62. (GP: Federal Retiree Settlement) In addition to the amounts appropriated for the settlement of the Bass and Perri lawsuits from the FY 1993-94 Capital Reserve Fund, it is the intent of the General Assembly to provide the remaining amount necessary to fund the remaining requirements of the settlement agreement, not to exceed $7,000,000, as the second priority of the Capital Reserve Fund for FY 1994-95.

129.63. DELETED

129.64. (GP: Veterans' Nursing Homes) The Long Term Care Council in conjunction with the Governor's Office, Division of Veterans Affairs, is directed to study and review the nature, extent and scope of nursing home services provided in veterans' nursing homes in this State for the purpose of ascertaining which state agency is most appropriate to assume the administration and oversight of these nursing homes. The Council and Division shall submit a report of their findings and recommendations to the House Ways and Means Committee and the Senate Finance Committee before January 14, 1995.

129.65. (GP: Written Notice of Fee Changes) All state administrative or executive agencies which have the authority to impose charges, fines, fees, levies, or penalties, of any nature, pursuant to statutory or regulatory authorization, shall give written notice if requested to any person affected by or subject to the assessment prior to collection. The notice required pursuant to this section shall include an appropriate citation to the relevant statutory or regulatory provision which authorizes the imposition of the assessment. No assessment made by a state administrative or executive agency against an affected person shall be valid, absent express statutory or regulatory authorization.

129.66. (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 Office of the Governor - 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.

130.1. (Year End Expenditures) Unless specifically authorized herein, the appropriations provided in Part I of this Act as ordinary expenses of the State Government shall lapse on July 31, 1995. State agencies are required to submit all current fiscal year input documents to the Comptroller General's Office by July 20, 1995. 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 State 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 State Budget and Control Board, toward the accomplishment of the purposes for which the appropriations were provided.