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Current Status Bill Number:View additional legislative information at the LPITS web site.3649 Ratification Number:453 Act Number:1 of 2001 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990302 Primary Sponsor:Tripp All Sponsors:Tripp Drafted Document Number:l:\council\bills\dka\3180mm99.doc Date Bill Passed both Bodies:20000622 Date of Last Amendment:20000622 Governor's Action:V Items vetoed by Governor Date of Governor's Action:20001121 Action on Governor's Veto:S Subject:Surplus, General Fund Revenue Appropriations for fiscal year July 1, 2000; State Government, General Assembly, Acts History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20010214 Act No. A1 of 2001 House 20010116 Veto 3 sustained House 20010110 Vetoes 1 & 2 sustained, debate adjourned on Veto 3 until Tuesday, 20010116 ------ 20001121 Except for items vetoed and where otherwise stated, this act takes effect July 1, 2000 ------ 20001121 Items vetoed by Governor ------ 20000622 Ratified R453 House 20000622 Ordered enrolled for ratification House 20000622 Free Conference Committee Report 99 HFCC adopted Senate 20000622 Free Conference Committee Report 89 SFCC adopted Senate 20000622 Free Conference Powers granted, 89 SFCC Land appointed Senators to Committee Moore of Free Conference Setzler House 20000622 Free Conference Powers granted, 99 HFCC Harrell appointed Reps. to Committee of Quinn Free Conference Kelley House 20000601 Conference powers granted, 98 HCC Harrell appointed Reps. to Committee of Quinn Conference Kelley Senate 20000601 Conference powers granted, 88 SCC Land appointed Senators to Committee Moore of Conference Setzler Senate 20000601 Insists upon amendment House 20000601 Non-concurrence in Senate amendment Senate 20000601 Amended, read third time, returned to House with amendment Senate 20000525 Debate adjourned Senate 20000525 Amended Senate 20000517 Amended, read second time, notice of general amendments, carrying over all amendments to third reading ------ 20000504 Scrivener's error corrected Senate 20000503 Recalled from Committee, 06 SF placed on the Calendar Senate 19990504 Introduced, read first time, 06 SF referred to Committee House 19990429 Read third time, sent to Senate House 19990428 Amended, read second time House 19990422 Committee report: Favorable with 30 HWM amendment House 19990302 Introduced, read first time, 30 HWM referred to Committee Versions of This Bill Revised on April 22, 1999 - Word format Revised on April 28, 1999 - Word format Revised on May 3, 2000 - Word format Revised on May 4, 2000 - Word format Revised on May 17, 2000 - Word format Revised on May 25, 2000 - Word format Revised on May 31, 2000 - Word format Revised on June 1, 2000 - Word format Revised on June 22, 2000 - Word format
(A1, R453, H3649 of 2000)
AN ACT TO APPROPRIATE SURPLUS AND OTHER GENERAL FUND REVENUES FOR THE OPERATION OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, TO REGULATE THE EXPENDITURE OF THESE FUNDS, TO REDUCE THE SALES AND USE TAX ON FOOD ITEMS WHICH MAY LAWFULLY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO ESTABLISH A PILOT DRUG TREATMENT COURT PROGRAM IN THE THIRD JUDICIAL CIRCUIT AND PROVIDE FOR ITS OPERATION; TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED HEREBY, AND TO PROVIDE THAT THE PROVISIONS OF SECTION 2-7-105 OF THE 1976 CODE DO NOT APPLY TO THE PROVISIONS OF THIS SECTION; TO AMEND CHAPTER 1, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, BY ADDING ARTICLE 17 SO AS TO ENACT THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM AND PROVIDE FOR ITS OPERATION; TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, RELATING TO SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-EIGHT THE YEARS OF CREDITABLE SERVICE REQUIRED TO RETIRE AT ANY AGE WITHOUT PENALTY AND SPECIFY THAT SERVICE RETIREMENT ELIGIBILITY REQUIRES AT LEAST FIVE YEARS OF EARNED SERVICE; TO AMEND SECTIONS 9-1-1515, AS AMENDED, AND 9-1-1770, AS AMENDED, AND 9-1-1850, AS AMENDED, RELATING TO EARLY RETIREMENT OPTIONS, AND AMOUNTS DUE ESTATES OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PLAN, SO AS TO PROVIDE THAT THE ELECTION OF A MEMBER WITH TWENTY-FIVE YEARS CREDITED SERVICE TO BUY SUFFICIENT CREDIT FOR SERVICE RETIREMENT APPLIES ONLY TO A MEMBER WHO TERMINATES BEFORE RETIREMENT AND MAKES BOTH EMPLOYER AND EMPLOYEE CONTRIBUTIONS FOR THE PERIOD REQUIRED FOR SERVICE RETIREMENT, UPDATE THE BENEFIT ELECTION OPTION ON THE IN-SERVICE DEATH OF A MEMBER TO REFLECT OTHER CHANGES SINCE ORIGINAL ENACTMENT AND MAKE TECHNICAL CORRECTIONS, AND TO CONFORM THESE OPTIONS AND BENEFITS TO SERVICE RETIREMENT AFTER TWENTY-EIGHT YEARS CREDITABLE SERVICE AT ANY AGE WITHOUT PENALTY AS PROVIDED IN THIS SECTION AND TO SPECIFY THAT EARLY SERVICE RETIREMENT ELIGIBILITY REQUIRES AT LEAST FIVE YEARS OF EARNED SERVICE; TO AMEND SECTIONS 9-1-1810 AND 9-11-310, RELATING TO THE ANNUAL COST OF LIVING ADJUSTMENT AUTHORIZED FOR RETIREES AND BENEFICIARIES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE METHOD OF CALCULATING THE ADJUSTMENT, SO AS TO ELIMINATE ANY ADJUSTMENT IN EXCESS OF THE RATE OF INFLATION, TO DELETE OBSOLETE PROVISIONS, AND TO CONFORM IN BOTH SECTIONS REFERENCES TO THE CONSUMER PRICE INDEX USED IN CALCULATING THE COST OF LIVING ADJUSTMENT; BY ADDING SECTION 9-1-1615, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM FOR THE MONTH IN WHICH THE RETIREE DIES; TO AMEND SECTION 9-1-1770, AS AMENDED, RELATING TO PRERETIREMENT AND POST-RETIREMENT BENEFITS OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF A DECEASED MEMBER UNDER THE GROUP LIFE INSURANCE PROGRAM; TO AMEND SECTIONS 9-8-80, 9-9-80, AND 9-11-160, RELATING TO THE PAYMENT OF BENEFITS UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER FOR THE MONTH IN WHICH THE RETIREE DIES; TO AMEND SECTION 9-11-120, AS AMENDED, RELATING TO PRERETIREMENT AND POST-RETIREMENT BENEFITS FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PROGRAM, AND TO REQUIRE PUBLIC SCHOOL TEACHERS RETIRING IN THE FIRST HALF OF 2001 TO PROVIDE NOTICE OF THEIR RETIREMENT TO THEIR EMPLOYERS NO LATER THAN SEPTEMBER 1, 2000, AND TO PROVIDE AN EXCEPTION; TO AMEND SECTION 59-149-10, RELATING TO LIFE SCHOLARSHIPS, INCLUDING THE ANNUAL AMOUNTS THEREOF, SO AS TO INCREASE FROM TWO THOUSAND DOLLARS A YEAR TO THREE THOUSAND DOLLARS A YEAR THE MAXIMUM AMOUNT OF SUCH SCHOLARSHIPS FOR ELIGIBLE STUDENTS ATTENDING FOUR-YEAR PUBLIC OR INDEPENDENT INSTITUTIONS, AND TO INCREASE THE AMOUNT OF SUCH SCHOLARSHIPS THAT ELIGIBLE STUDENTS ATTENDING TWO-YEAR PUBLIC OR INDEPENDENT INSTITUTIONS, INCLUDING STATE TECHNICAL COLLEGES MAY RECEIVE FROM A MAXIMUM OF ONE THOUSAND DOLLARS A YEAR TO THE COST OF TUITION FOR THIRTY CREDIT HOURS A YEAR, AND TO PROVIDE THESE INCREASES BEGIN WITH SCHOOL YEAR 2000-2001; BY ADDING SECTION 59-1-470 SO AS TO PROVIDE FOR THE DISTRIBUTION BY THE STATE DEPARTMENT OF EDUCATION TO SCHOOL DISTRICTS OF STATE APPROPRIATED FUNDS FOR EMPLOYER MATCHING CONTRIBUTIONS TO EMPLOYEES PARTICIPATING IN DEFERRED COMPENSATION PLANS, TO PROVIDE A MAXIMUM THREE HUNDRED DOLLAR MATCHING CONTRIBUTION, AND TO PROVIDE THOSE DISTRICT EMPLOYEES ELIGIBLE TO RECEIVE MATCHING CONTRIBUTIONS; TO AMEND CHAPTER 122, TITLE 44, AS AMENDED, RELATING TO THE COUNTY GRANTS FUND FOR ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO FURTHER PROVIDE FOR THE ADMINISTRATION AND DISTRIBUTION OF MONIES APPROPRIATED TO THE GRANTS FUND, TO REQUIRE REGULAR EVALUATIONS OF PROJECTS RECEIVING MONIES FROM THE GRANTS FUND, AND TO PROVIDE FOR TECHNICAL REVISIONS RELATING TO THE COUNTY GRANTS FUND PROGRAM; TO AMEND SECTION 20-7-670, AS AMENDED, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES' AND OTHER AGENCIES' AUTHORITY TO INVESTIGATE ABUSE AND NEGLECT IN RESIDENTIAL INSTITUTIONS AND FOSTER HOMES, SO AS TO DELETE REFERENCES TO REMEDIAL ACTION BY THE STATE LAW ENFORCEMENT DIVISION IN THE INVESTIGATION OF ABUSE AND NEGLECT IN FACILITIES OF THE DEPARTMENT OF JUVENILE JUSTICE, TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES, INSTEAD OF THE OMBUDSMAN OF THE OFFICE OF THE GOVERNOR, SHALL INVESTIGATE AN ALLEGATION OF ABUSE OR NEGLECT OF A CHILD WHERE THE CHILD IS IN THE CUSTODY OF, OR A RESIDENT OF, A RESIDENTIAL TREATMENT FACILITY OR INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH AND PROVIDE FOR THE ENFORCEMENT AUTHORITY OF THE DEPARTMENT OF SOCIAL SERVICES IN THESE MATTERS; AND TO AMEND SECTION 1A OF JOINT RESOLUTION 157 OF 1997, AS AMENDED, RELATING TO A PILOT CHILD PROTECTIVE SERVICES SYSTEM WHICH ALLOWS THE DEPARTMENT OF SOCIAL SERVICES TO DIVERT CHILD ABUSE AND NEGLECT CASES TO AN ASSESSMENT TRACK RATHER THAN FOLLOWING NORMAL PROTOCOL WHEN CERTAIN MORE SERIOUS FORMS OF ALLEGED ABUSE OR NEGLECT ARE NOT PRESENT, SO AS TO INCREASE THE NUMBER OF COUNTIES IN THE PILOT SYSTEM AND TO PROVIDE THAT THE NEWEST COUNTIES ADDED NEED NOT BE INCLUDED IN THE EVALUATION; TO AMEND SECTION 9-9-60, AS AMENDED, RELATING TO RETIREMENT AND RETIREMENT BENEFITS UNDER THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY WHO HAS ATTAINED THE AGE OF SEVENTY AND ONE-HALF YEARS WITH FORTY YEARS' SERVICE TO RECEIVE RETIREMENT BENEFITS WHILE CONTINUING TO SERVE IN THE GENERAL ASSEMBLY WITHOUT COMPENSATION, TO PROVIDE THAT A MEMBER RECEIVING THESE BENEFITS MAKES NO FURTHER CONTRIBUTIONS TO OR ACCRUES SERVICE CREDIT IN THE SYSTEM, AND TO PROVIDE THAT THIS ELECTION TO RECEIVE RETIREMENT BENEFITS IS IRREVOCABLE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The sources of general fund revenues appropriated in this part are as follows:
(1) $100,043,037 in projected general fund fiscal year 1999-2000 surplus revenues.
(2) $54,514,000 in lapsed general fund appropriations by changing from fiscal year 1999-2000 to fiscal year 2000-2001 the accounting for the July, 2000, distribution pursuant to Chapter 27, Title 6 of the 1976 Code, the State Aid to Subdivisions Act, and by this item, this lapse is deemed to have occurred.
(3) An amount not exceeding $5,872,633 retained by the Department of Revenue pursuant to Section 12-21-2720(F) of the 1976 Code as that provision existed before July 1, 2000, must lapse to the general fund of the State, and by this item, this lapse is deemed to have occurred.
(4)(a) The appropriations in Part IA, Section 1, Subsection XIII of the general appropriations act for fiscal year 2000-2001 for "Aid Schl Dist Educ Fun Act" in the amount of $1,175,917,424 in the total funds and general funds columns is reduced by $11,267,000 in both columns and the appropriations for "Aid Schl District - emplr contri" in the amount of $301,463,570 in the total funds and general funds columns is reduced in both columns by $1,715,319.
(b) Regardless of the actual time of ratification of this act and the general appropriations act for fiscal year 2000-2001, the reductions in the appropriations in Part IA, Section 1, Subsection XIII of the general appropriations act for fiscal year 2000-2001 provided in subitem (a) of this subsection are deemed to have been enacted after the ratification date of the general appropriations act for fiscal year 2000-2001, and this act constitutes the last statement of the General Assembly on the amount of these appropriations.
(5)(a) The appropriation in Part 1A, Section 1, Subsection XIII of Act 100 of 1999, for "Aid Schl Dist Educ Fin Act" in the amount of $1,131,409,216 in the total funds and general funds columns is reduced by $10,033,660 in both columns.
(b) The increased revenue realized by the reductions in the appropriations referenced in subitem (a) above, notwithstanding any other provision of law including a provision in Part IA or IB of a general appropriations bill or act to the contrary to include this act must be retained in the general fund of the State.
(c) The provisions of this subsection, notwithstanding any other provision of law including a provision in Part IA or IB of a general appropriations bill or act to the contrary to include this act, take effect upon approval of this act by the Governor.
SECTION 2. (A) From fiscal year 1999-2000 projected general fund surplus revenues, the following sums are appropriated for the purposes stated:
Clemson University
(1) Call Me MISTER Initiative $ 361,747
University of Charleston
(2) Youth Race Initiative 50,000
Coastal Carolina University
(3) Atlantic Center - Marine Science Program 200,000
(4) Art Department - Specialized Accreditation 75,000
Lander University
(5) Academic Initiative 950,000
South Carolina State University
(6) Transportation Center 500,000
(7) DHEC/DLLR Health & Safety Inspection 905,375
(8) Business School Accreditation 500,000
University of South Carolina - Columbia
(9) Baruch Institute: National Estuarine Research 231,113
(10) Small Business Development Center 191,398
(11) Law Library 55,926
Board for Technical and Comprehensive Education
(12) Special Schools 5,500,000
Department of Archives and History
(13) Microfilming Historical County Records 50,000
(14) Mary McLeod Bethune Homeplace
Replica (Mayesville) 25,000
Arts Commission
(15) Grantmaking 500,000
(16) Partnership/Community Cultural Facilities
Development Grants 200,000
Department of Health and Human Services
(17) Medicaid 17,830,229
(18) Commun-I-Care Pharmaceuticals 500,000
(19) FY 2000-01 Community Long-Term Care
Waiting List - 500 Slots 1,600,000
(20) Restoration of AWP Change from 13% to 10% 2,500,000
(21) Hospital-Based Health Clinics 368,000
(22) Palmetto Senior Care 1,700,000
Department of Health and Environmental Control
(23) Health Department Facility Repairs 500,000
(24) Beach Restoration 1,700,000
(25) Myrtle Beach Study & Engineering Plan
for Water Quality 300,000
(26) Water Quality Testing 200,000
Department of Social Services
(27) Foster Care Payments - Teen Homes 400,000
Department of Parks, Recreation and Tourism
(28) Alternative Funding 4,000,000
(29) PRT Grant Fund 1,653,042
Election Commission
(30) 2000 General Election 2,250,000
Clemson University - Public Service Activities
(31) Fire Ant Research & Education 200,000
(32) Tropical Soda Apple 80,000
(33) Agri-Systems Productivity & Profitability (2x4) 800,000
(34) Youth Development 100,000
South Carolina State University - Public Service Activities
(35) 1890 Leadership Inst/Regulatory & Public Service 500,000
(36) Public Service Activities 480,000
Department of Natural Resources
(37) NPS Cost Share 690,000
(38) Water Monitoring Network 150,000
(39) Aquatic Nuisance Program 400,000
(40) Soil & Water Conservation National Convention 25,000
Department of Commerce
(41) Staff Development 165,000
(42) Advertising 500,000
(43) Economic Development - Coordinating Council 8,000,000
(44) Pleasant Valley Commons 600,000
(45) Phillis Wheatley Association 202,941
Judicial Department
(46) Drug Treatment Court Pilot Program 1,500,000
Department of Corrections
(47) Institutional Maintenance 1,000,000
Department of Probation, Parole and Pardon Services
(48) Information Technology 210,000
(49) Transition Housing/Aftercare 250,000
The Senate
(50) Legal Expenses 100,000
(51) NCSL & Council of State Governments Dues 5,955
(52) Council for Conflict Resolution 350,000
House of Representatives
(53) Legal Expenses 100,000
(54) Operating Expenses 150,000
Department of Juvenile Justice
(55) Decentralized Facilities 3,577,998
(56) Other Operating - Subclass,
Detention Center & Evaluation Center 1,273,321
(57) Additional Female Units at Regional &
Evaluation Centers (VOITIS Match) 678,000
(58) Information Technology 452,163
(59) Juvenile Arbitration Program 500,000
(60) Mentoring Program 100,000
Governor's Office - State Law Enforcement Division
(61) Laboratory 220,000
Department of Public Safety
(62) New Trooper Class 2,700,000
(63) Litter Program 500,000
Workers' Compensation Commission
(64) Self-Insurance Program Audit Function 15,000
Legislative Printing
(65) Software/Technical Support 228,000
Legislative Information Systems
(66) Equipment Repair & Installation 166,500
Governor's Office - Executive Policy and Programs
(67) Veteran's Affairs - World War II Monument,
Washington, DC 200,000
(68) Professional Development 100,000
Adjutant General
(69) Armory Operations/Maintenance 300,000
(70) Tuition Assistance 250,000
Budget and Control Board - Division of Operations
(71) Leadership SC 75,000
Budget and Control Board - Division of Budget and Analyses
(72) Professional Development 50,000
Budget and Control Board - Division of Regional Development
(73) Salkehatchie Leadership Center 125,000
(74) Jackson Mills Sewer Project 400,000
(75) Waccamaw River Flood Plain Study 400,000
Department of Revenue
(76) Electronic Document Processing System 1,000,000
(77) Video Poker License Fee Refunds 9,400,000
Board for Technical and Comprehensive Education
(78) Special Schools 5,000,000
Attorney General
(79) Palmetto Exile Prosecution Unit 77,500
(80) White Collar Crimes Prosecution Unit 6,200
Department of Labor, Licensing and Regulation
(81) Fire Academy 250,000
(82) Elevator & Amusement Ride Regulation 80,000
Department of Revenue
(83) Video Poker License Fee Refunds 9,000,000
State Ethics Commission
(84) Computer System 40,000
Forestry Commission
(85) Forest Resource Inventory 500,000
Total Appropriations $100,020,408
(B) The appropriations in subsection (A) of Section 2 of this part are contingent based on the availability of $100,043,037 in projected unobligated fiscal year 1999-2000 general fund revenues and are therefore listed in priority order beginning with item (1). Each separate item must be fully funded before the next item in order of priority until all items are paid or funds are unavailable from the amount specified, whichever occurs first. Unexpended funds appropriated pursuant to this part may be carried forward to succeeding fiscal years and expended for the same purposes. Appropriations in this part must be posted in fiscal year 2000-2001.
(C) This Section 2 takes effect July 1, 2000, but no appropriation in this section may be paid before the later of September 1, 2000, or the date the Comptroller General closes the state's books on fiscal year 1999-2000.
SECTION 3. From all other revenue sources identified in Section 1 of this part other than item (1), there is appropriated or transferred for the fiscal year beginning July 1, 2000, and ending June 30, 2001, from the general fund of the State, the following sums for the purposes stated:
(1) General Reserve Fund Contribution 2,545,350
Employees Benefits
(2) Health Insurance - FY 2000-01 Rate Increase 10,225,000
(3) 401K Program 7,200,000
Department of Education
Teacher Quality & Retention:
(4) Deferred Compensation 10,000,000
(5) Health & Dental Benefits for Part-time Teachers 225,000
(6) Intervention - At-Risk District 1,000,000
(7) EAA Summer School & Comprehensive
Remediation Program 4,000,000
(8) Transportation - Buses, Fuel & Parts 175,000
(9) Character Education 265,000
(10) Institute for Teachers of Government -
Furman University 300,000
(11) K-12 Technology Initiative 16,500,000
(12) Governor's School for Arts 2,034,000
School for the Deaf and the Blind
(13) Facility Maintenance and Accessibility
& Safety Improvements 20,877
Commission on Higher Education
(14) LIFE Scholarships 13,331,958
(15) Access & Equity 500,000
(16) Competitive Research Grants 4,000,000
(17) EPSCOR 2,500,000
(18) GEAR-UP 1,000,000
(19) College & University Technology Initiative 3,978,000
Higher Education Tuition Grants
(20) Tuition Grants 500,000
(21) Student Legislature 15,000
Commission on Higher Education
(22) Academic Endowment Incentive 1,815,000
Clemson University
(23) Municipal Services 1,117,000
(24) Call Me MISTER Initiative 155,427
Total Appropriations $83,402,612
SECTION 1. The following provisions apply in the manner that the provisions in Part IB of the general appropriations act for fiscal year 2000-2001 apply:
(1) (DHHS: Commun-I-Care) Funds appropriated for Commun-I-Care must not be used for personal services.
(2) (DHEC: Permitted Site Fund) Upon approval by the Budget and Control Board, the South Carolina Department of Health and Environmental Control may expend funds as necessary from the permitted site fund established pursuant to Section 44-56-160(B)(1) for legal services related to environmental response, regulatory, and enforcement matters, including administrative proceedings and actions in state and all federal courts.
(3) (BCB/DO: Senior Prescription Drug Program) Funds appropriated for the Senior Prescription Drug Program may be carried forward.
(4) (Buses, Parts, and/or Fuel) Funds appropriated for school bus purchases or other operating in program VII C-Bus Shops may be used to purchase buses, fuel, parts, or other school bus related items.
(5) (Part-time Benefits) Teachers working less than thirty hours a week, but no less than fifteen hours a week, shall qualify for state health and dental insurance. The Budget and Control Board is directed to amend its "Plan of Benefits" regarding fringe benefits to conform to the provisions of this section. Teachers and employers shall each contribute toward the cost of these benefits with the employer paying only that portion of the employer's normal cost which is attributable to the time the teacher is working, and the teacher shall pay all remaining costs. However, the employer's contribution shall be no less than half the normal cost.
(6) (GEAR-UP) Funds appropriated for GEAR-UP shall be used for state grants programs to reach disadvantaged middle school students to improve their preparation for college. Eligible South Carolina public schools and public institutions of higher education shall cooperate with the Commission on Higher Education in the provision of services under the Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR-UP) grant.
"(7) (Alston Wilkes Society) The Department of Probation, Parole and Pardon Services shall contract with the Alston Wilkes Society in the amount of $150,000 to provide temporary housing for offenders serving the conditions of supervision. The department shall provide $100,000 in additional funds to the Alston Wilkes Society for facility maintenance and support.
(8) (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 deeds 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 deeds. The State shall pay $16,649 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. These salaries shall be paid in accordance with the schedule and method of payment established for state employees.
(9) (Professional Development) To ensure that state government employees are properly trained to achieve their mission, and courteously and effectively to serve the taxpayers, the funds appropriated for professional development must be used to provide a professional development training curriculum to achieve performance excellence based on criteria used for the Malcolm Baldrige National Quality Award. The program must have a common curriculum to include the philosophy, teamwork training, and problem-solving techniques that provide the foundation for success in meeting the Malcolm Baldrige criteria.
(10) (Out of Home Placement) The funds appropriated for Foster Care Payments-Teen Homes must be allocated for a rate increase for out of home placement providers.
(11) (Beach Restoration Fund) Of the funds appropriated for beach restoration, $1,700,000 must be used for the Hunting Island State Park beach renourishment/stabilization project.
"(12) (Summerville Armory Infrastructure) Of the funds appropriated for armory maintenance, $150,000 must be used for the Summerville National Guard Armory infrastructure.
(13) (Soil and Water Conservation Society) The Department of Natural Resources shall provide the amount appropriated on a one-time basis to the South Carolina Chapter of the Soil and Water Conservation Society to pay a portion of the cost associated with the society's national convention.
(14) (Pilot Drug Treatment Court Program) Of the funds appropriated for the Drug Court Program, at least $850,000 must be used for drug court grants and $500,000 must be used to establish and operate a pilot drug treatment court program in the Third Judicial Circuit. The Chief Justice has the sole authority to appoint the drug treatment court judges and to prescribe their powers, jurisdiction, and authority, which may include criminal and civil matters. A person appointed to serve as a drug treatment court judge may receive an annual stipend for this service in addition to reimbursement for mileage and other ordinary expenses. The Chief Justice may appoint a "Drug Court Commissioner" who does not have to be an attorney and who shall have the sole responsibility for establishing, operating, and maintaining this pilot project. The compensation for the position of Drug Court Commissioner must be equivalent to the salary of a family court judge. The Drug Court Commissioner shall appoint a local drug treatment court management committee for the Third Circuit. The purpose of this committee is to establish the guidelines and procedures necessary to operate and evaluate the drug treatment court subject to any administrative orders which the Chief Justice may issue regarding the drug treatment court.
The committee shall consist of the following members:
(1) at least two members of the judiciary;
(2) the Third Judicial Circuit solicitor or his designee;
(3) a public defender or contract public defender from the Third Judicial Circuit as designated by the President of the South Carolina Public Defender's Association;
(4) a local law enforcement officer;
(5) a probation officer or community specialist;
(6) a representative of the Department of Alcohol and Other Drug Abuse Services;
(7) a representative of the Department of Social Services;
(8) a representative of the Department of Mental Health;
(9) the Drug Court Commissioner; and
(10) other persons selected by the committee.
Any funds associated with this pilot program which are not expended in this fiscal year may be retained and carried forward to the next fiscal year to be used for the same purposes as described in this item.
(15) (Sustainable Universities Initiative) The funds appropriated for the sustainable universities initiative must be used to provide minigrants for colleges and universities, excluding Clemson University, the University of South Carolina, and the Medical University of South Carolina.
(16) (Waccamaw River Flood Plain Study) The State Budget and Control Board shall use the funds appropriated for the Waccamaw River Flood Plain Study, which may be applied as part of the state match that may be required by the Army Corps of Engineers, to correct any problems regarding the flood plain of the Waccamaw River.
(17) (Performance Excellence Program) In order to ensure the goal of the Governor, that Governor's Office and cabinet department employees are properly trained to achieve their mission, and courteously and effectively to serve the taxpayers, the funds appropriated for professional development are for a performance excellence program. The funds must be used to provide a professional development program to achieve performance excellence based on criteria used for the Malcolm Baldrige National Quality Award. The program shall have a common curriculum to include the philosophy, teamwork training, and problem-solving techniques that provide the foundation for success in meeting the Malcolm Baldrige criteria.
(18) (Video Game License Refund) The Department of Revenue shall pay for the refund of any video game machine license fees from the supplemental appropriations that are provided for that purpose. Unexpended funds revert to the general fund at the end of the fiscal year ending June 30, 2001. This reversion applies to all funds appropriated in this act for this purpose.
(19) (EAA - Intervention - At-Risk Districts) Funds appropriated for Intervention - At-Risk Districts shall be designated for the attendance area which was a school district formerly declared impaired that has been incorporated into a consolidated school district.
(20) (Research Incentive Grant Program) Of the funds appropriated for the Research Incentive Grant Program, ten percent of the total will be designated for use by the comprehensive teaching universities with the remainder designated for use by the research universities. Any unused funds may be distributed between the comprehensive teaching and the research universities as justified.
(21) (Rural Health Clinics) Of the monies appropriated for Provider Based Rural Health Clinics, funds to the extent available, shall be used to reimburse hospitals who owned or operated rural health clinics between August 20, 1993, and December 31, 1997, at one hundred percent of Medicare reasonable costs as required by federal law for the operation of these rural health clinics as defined by the department, and any remaining funds shall be used for cost report adjustment.
(22) (PACE Medicaid Program) From the funds appropriated herein, an amount not to exceed $142,000 per month shall be used to transition Palmetto SeniorCare from federal research and demonstration status to Medicaid State Plan status. The funds are subject to the availability of matching funds from other federally approved resources for the provision of this service. Palmetto SeniorCare shall maintain an average daily census not to exceed 400 clients during the funding period. These funds are for such transition only and shall not be used for other entities wishing to pursue approval as a program for All-Inclusive Care for the Elderly (PACE) Program. The department shall perform a study to determine the types of diagnoses and impairment levels of the clients served by the program and how the program fits in the Medicaid long-term care continuum. The department shall use, in part, the information from this study and shall develop a rate methodology which will result in a more cost effective rate for PACE and which is reflective of the population served. The department shall report to the House Ways and Means Committee, the Senate Finance Committee, and the Governor no later than January 15, 2001. The funds appropriated herein shall be expended on a monthly basis provided Palmetto Health Alliance provides a monthly payment to the department not to exceed $167,000. If Palmetto Health Alliance fails to provide their monthly payment, state funds for Palmetto SeniorCare will be withheld.
(23) (Litter Program) The funds provided for a "Litter Program" in this section shall be expended based upon a plan that is developed in conjunction with the Governor's Task Force on Litter.
(24) (Professional Development) To ensure that state government employees are properly trained to achieve their mission, and courteously and effectively to serve the taxpayers, the funds appropriated for professional development must be used to provide a professional development training curriculum to achieve performance excellence based on criteria used for the Malcolm Baldrige National Quality Award. The program must have a common curriculum to include the philosophy, teamwork training, and problem-solving techniques that provide the foundation for success in meeting the Malcolm Baldrige criteria.
(25) Reserved
(26) Reserved
(27) Reserved
(28) Reserved
(29) (SDE: EAA Summer School, Grades 3-8) Funds appropriated for summer school shall be allocated to each local public school district based on the number of academic subject area scores below the basic on the prior year Spring PACT administration for students in grades three through eight. However, for school year 2000-2001, individual student scores on the 2000 PACT shall not be the sole criterion used to determine whether a student on an academic plan the prior year will be placed on probation or retained. Individual student scores on the 2000 PACT shall not be the sole criterion for requiring students to attend summer school. School districts may consider other factors in placing students on academic probation or requiring summer school attendance. Students may not be placed on academic probation or retained based solely on the PACT 2000 test scores. Current year appropriations may be expended for prior year EAA summer school purposes. Local public school districts shall utilize these funds in accordance with the requirements of Section 59-18-500 of the 1976 Code.
(30) (Deferred Compensation) To the extent funds are appropriated, the State shall make contributions to deferred compensation plan accounts on behalf of permanent, full-time state employees who were employed and earned less than $20,000 per year as of July 1, 2000, in an amount and under the terms and conditions prescribed for such contributions by the State Budget and Control Board, without such employees making contributions to the deferred compensation plan.
(31) (BCB/DO: OIR - Wireless Communications Tower) The Budget and Control Board is directed to establish a central clearinghouse to coordinate and manage wireless communications tower and antenna space allocation within South Carolina state-government and to support a statewide public safety communication system. The clearinghouse is authorized to: review and approve all leases and contractual agreements regarding space allocation of state-owned communications towers and of existing communications antenna placed on state-owned buildings; coordinate new communications tower construction or proposed antenna placement on any state-owned property and review and approve all leases and contractual agreements regarding new tower construction or antenna placement; enter into sale or lease agreements for communications assets with a private entity in compliance with the state procurement process; and lease state-owned property for the construction of communications towers. The clearinghouse must give primary consideration to ensuring that state tower and antenna assets are used in a manner consistent with the original agency construction plans for the site. Secondary consideration must be given to using state tower assets to support public safety communication systems. Tertiary consideration must be given to any other public sector use of these assets at the state, local, or federal level. Only after these priorities have been exhausted shall state assets be leased to a private vendor or used for construction of new sites. All proceeds from the lease of state-owned communications towers, antennas, or property must be remitted to a separate fund to be used to create and support a statewide public safety communication system. For purposes of generating these revenues, the Budget and Control Board is authorized to solicit and enter into contracts on behalf of the State with private sector entities to utilize current tower sites and surrounding state-owned property as well as to bind the State in licenses for these purposes at any additional state-owned sites that may be identified in the future.
(32)(a) The General Assembly finds that it is appropriate to provide certain forms and levels of tax reduction when at the same time it has determined that every reasonable effort has been made and accomplished to fund, to the fullest extent possible, adequate and comprehensive programs in education and health care which are fundamental to progress, growth, and economic development. The General Assembly herein provides for a twenty percent reduction in the rate of sales tax imposed on the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, beginning in January 1, 2001. Eighty percent of the revenues from sales taxes raised subsequent to imposition of the special sales tax rates provided by this section must be credited to the general fund of this State and used as sales taxes are used, and the remainder must be credited to the Education Improvement Act Fund. It is the further intent of the General Assembly that, provided the funds are authorized for the fiscal year in which the following schedule is eligible to be implemented, and notwithstanding the rate of tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, is four percent for sales from January 1, 2001, through December 31, 2001; three percent for such sales from January 1, 2002, through December 31, 2002; two percent for such sales from January 1, 2003, through December 31, 2003; one percent for such sales from January 1, 2004, through December 31, 2004; and on and after January 1, 2005, the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons shall be exempt from the tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code.
(b) General fund appropriations for any fiscal year made for the support of the public school system of the State must be greater than or equal to the revenues that would have been derived from the general retail sales tax, if the exemption provided for herein had not been authorized, from the soft drinks tax, the state's portion of the alcoholic liquors tax, and cable television fees as forecasted in the general fund revenue estimate of the Board of Economic Advisors. General fund revenues in an amount equal to the revenue that would have been derived from the sales tax if the exemption provided for herein had not been authorized for food items which may be purchased lawfully with USDA food coupons must be deposited from the state general fund by the Comptroller General to the Educational Improvement Act fund established in Section 59-21-1010 and for appropriations for the support of the public school system which shall include the following: Department of Education; State Board for Technical and Comprehensive Education, Educational Television Commission, Wil Lou Gray Opportunity School, School for the Deaf and the Blind, John de la Howe School, debt service on capital improvement bonds applicable to the above agencies, debt service on school bonds, and other school purposes provided by law. The revenue that would have been derived from the sales tax if the exemption provided for herein had not been authorized for food items which may be purchased lawfully with USDA food coupons shall nevertheless be considered as general retail sales tax revenue for purposes of this section.
TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED HEREBY, AND TO PROVIDE THAT THE PROVISIONS OF SECTION 2-7-105 OF THE 1976 CODE DO NOT APPLY TO THE PROVISIONS OF THIS SECTION.
A. Item (f) of Section 3 of Act 1377 of 1968, as last amended by Act 28 of 1999, is further amended by adding:
(1) Department of Education
(a) Transportation - Buses 8,000,000
(b) Governor's School for Math & Science -
New Building 2,000,000
(2) School for the Deaf & the Blind
Herbert Center Renovation 1,000,000
(3) Higher Education Institutions
(a) Citadel
Replace Padgett-Thomas Barracks 3,000,000
(b) Clemson
Civil Engineering/Textiles Building 6,000,000
Fike Wellness Center 2,000,000
(c) University of Charleston
Science Bldg. Renovation 4,000,000
School of the Arts Addition 3,000,000
(d) Coastal Carolina
Athletic Complex 4,000,000
Atlantic Center - Marine Science Program 200,000
(e) Francis Marion
Schools of Education and Business Bldg 750,000
(f) Lander
HVAC Repair and Upgrades 485,000
Math/Science Building 150,000
Genesis Hall - Renovation 125,000
Student Center Facility 3,000,000
(g) SC State
Lowman Hall Renovation 1,000,000
Deferred Maintenance 2,000,000
(h) USC- Columbia
Gibbes Green - LeConte College Renovation 3,000,000
School of Law - New Building 5,000,000
(i) USC - Aiken
Convocation Center 6,000,000
(j) USC - Spartanburg
New Library/Technology/Information Center 5,000,000
(k) USC - Beaufort
New River Facility 1,500,000
(l) USC - Salkehatchie
Campus Renovation 980,000
(m) USC - Sumter
Alice Drive Baptist Church - Acquisition 1,000,000
(n) Winthrop
Waterproofing/Roof Repair - Rutledge Building 965,000
Window Replacement 1,540,000
Peabody Hall 2,000,000
(o) MUSC
College of Dental Medicine Building 6,300,000
(4) Board for Technical and Comprehensive Education
(a) Equipment and Technology Infrastructure 4,900,000
(b) Aiken Tech - Chilled Water Plant Replacement 500,000
(c) Central Carolina Tech -Repair/Renovation
Existing Facilities 500,000
(d) Chesterfield-Marlboro Tech -
Parking Area Renovation 125,000
(e) Denmark Tech - Renovation to Bldg 400 600,000
(f) Florence/Darlington Tech -
New Applied Manufacturing Center 2,000,000
(g) Greenville Tech - Industrial Complex Renovation 1,500,000
(h) Horry-Georgetown Tech -
Grand Strand Campus Renov 1,000,000
(i) Spartanburg Tech - Student Life Bldg. 3,000,000
(j) TEC of the Lowcountry - Bldg 8
Renovation/Code Compliance 1,191,000
(k) Midlands Tech - NE Classroom/Student
Serv. Bldg. 1,000,000
(l) Orangeburg-Calhoun Tech - Learning
Resource Cntr. Renov 500,000
(m) Piedmont Tech - Building Renovation 1,500,000
(n) Tri County Tech - Anderson, Mill,
and Pickens Halls 2,200,000
(o) Trident Tech - Industrial/Economic
Dev. Renovation 3,500,000
(p) Williamsburg Tech - New Technology Building 1,000,000
(q) York Tech - Classroom Bldg/Chester County 1,000,000
(5) Dept of Archives and History
(a) Old Exchange & Provost Dungeon 925,000
(b) Mary McLeod Bethune Homeplace
Replica (Mayesville) 225,000
(c) Willington Preservation 250,000
(6) State Library
(a) Bamberg County Library 350,000
(b) McCormick County Library 800,000
(7) State Museum
(a) Observatory/Planetarium/Theater 3,000,000
(b) Calhoun County Museum 1,000,000
(8) Department of Health & Human Services
(a) Gaffney Senior Citizens Repairs (NR) 125,000
(b) Darlington Free Medical Clinic Repairs (NR) 50,000
(c) Edgefield County Senior Center 300,000
(d) Piedmont Agency on Aging 100,000
(e) Pee Dee Agency on Aging 1,500,000
(f) Children's Center in Orangeburg 175,000
(g) Bishopville Children's Center 50,000
(9) Department of Health & Environmental Control
Greenwood Community Children's Center 525,000
(10) Department of Mental Health
(a) Columbia Area Mental Health Center
Construction 3,000,000
(b) Greer Mental Health Center 1,250,000
(11) Department of Disabilities & Special Needs
Lee County Disabilities & Special Needs 200,000
(12) Department of Alcohol & Other Drug Abuse Services
Clarendon County Alcohol & Drug Center 200,000
(13) Department of Commerce
(a) Columbia Convention Center 2,500,000
(b) Historical Greenville Foundation 2,000,000
(c) Lake Marion Regional Water Project 1,000,000
(d) Downtown Johnston Development 225,000
(e) Mayesville Downtown Revitalization 100,000
(f) Honea Path Water Tank 200,000
(g) Due West Water Project 500,000
(h) Ware Shoals Old Mill Project 500,000
"(i) Midlands Film Initiative 1,000,000
(j) Johns Island Equestrian Cntr 500,000
(k) Upstate Work Camp 800,000
(14) Department of Public Safety
(a) Computer System 9,300,000
(b) Lower Richland Substation Sheriff's 100,000
(15) Department of Parks, Recreation & Tourism
(a) Palmetto Trails 100,000
(b) Saluda Resource Center 48,000
(c) Newberry Old Fire Center 30,000
(d) Greenwood Conference Center 1,000,000
(e) Fingerville Community Center 100,000
(f) Oconee Tourism Facility 50,000
(g) Sumter County Welcome Center 50,000
(h) Patriot Hall Complex 250,000
(i) Camp Woodie 100,000
(j) Musgrove Mill 125,000
(k) Lake Ashwood Facility 50,000
(l) Cannoneers Program 50,000
(m) Conway Community Development Project 100,000
(n) Hunley Restoration 1,000,000
(o) Heritage Corridor 2,000,000
(p) Old Jail Charleston 250,000
(r) Carver's Bay Resource Center 250,000
(16) Department of Labor, Licensing Regulation
Chester Co Fire Training Center 125,000
TOTAL $138,439,000
B. Section 4 of Act 1377 of 1968, as last amended by Act 28 of 1999, is further amended to read:
"Section 4. The aggregate principal indebtedness on account of bonds issued pursuant to this act may not exceed $2,583,904,475. The limitation imposed by the provisions of this section does not apply to bonds issued on behalf of the Mental Health Commission as provided in Acts 1276 and 1272 of 1970 or to bonds issued on behalf of the Commission on Mental Retardation as provided in Act 1087 of 1970 or to bonds issued on behalf of the South Carolina Fire Academy. The limitation imposed by the provisions of this section is not considered to be an obligation of the contract made between the State and holders of bonds issued pursuant to this act, and the limitation imposed by the provisions of this section may be enlarged by acts amending it or reduced by the application of the Capital Reserve Fund or by amendments of this act. Within these limitations state capital improvement bonds may be issued under the conditions prescribed by this act."
C. Notwithstanding any other provision of law, the provisions of Section 2-7-105 of the 1976 Code do not apply to the provisions of this section.
D. No funds for the projects authorized in subsection (A) shall be released until January 1, 2001.
TO AMEND CHAPTER 1, TITLE 9, OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, BY ADDING ARTICLE 17 SO AS TO ENACT THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM AND PROVIDE FOR ITS OPERATION; TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, RELATING TO SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-EIGHT THE YEARS OF CREDITABLE SERVICE REQUIRED TO RETIRE AT ANY AGE WITHOUT PENALTY AND SPECIFY THAT SERVICE RETIREMENT ELIGIBILITY REQUIRES AT LEAST FIVE YEARS OF EARNED SERVICE; TO AMEND SECTIONS 9-1-1515, AS AMENDED, AND 9-1-1770, AS AMENDED, AND 9-1-1850, AS AMENDED, RELATING TO EARLY RETIREMENT OPTIONS, AND AMOUNTS DUE ESTATES OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PLAN, SO AS TO PROVIDE THAT THE ELECTION OF A MEMBER WITH TWENTY-FIVE YEARS CREDITED SERVICE TO BUY SUFFICIENT CREDIT FOR SERVICE RETIREMENT APPLIES ONLY TO A MEMBER WHO TERMINATES BEFORE RETIREMENT AND MAKES BOTH EMPLOYER AND EMPLOYEE CONTRIBUTIONS FOR THE PERIOD REQUIRED FOR SERVICE RETIREMENT, UPDATE THE BENEFIT ELECTION OPTION ON THE IN-SERVICE DEATH OF A MEMBER TO REFLECT OTHER CHANGES SINCE ORIGINAL ENACTMENT AND MAKE TECHNICAL CORRECTIONS, AND TO CONFORM THESE OPTIONS AND BENEFITS TO SERVICE RETIREMENT AFTER TWENTY-EIGHT YEARS CREDITABLE SERVICE AT ANY AGE WITHOUT PENALTY AS PROVIDED IN THIS SECTION AND TO SPECIFY THAT EARLY SERVICE RETIREMENT ELIGIBILITY REQUIRES AT LEAST FIVE YEARS OF EARNED SERVICE; TO AMEND SECTIONS 9-1-1810 AND 9-11-310, RELATING TO THE ANNUAL COST OF LIVING ADJUSTMENT AUTHORIZED FOR RETIREES AND BENEFICIARIES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE METHOD OF CALCULATING THE ADJUSTMENT, SO AS TO ELIMINATE ANY ADJUSTMENT IN EXCESS OF THE RATE OF INFLATION, TO DELETE OBSOLETE PROVISIONS, AND TO CONFORM IN BOTH SECTIONS REFERENCES TO THE CONSUMER PRICE INDEX USED IN CALCULATING THE COST OF LIVING ADJUSTMENT; BY ADDING SECTION 9-1-1615 SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM FOR THE MONTH IN WHICH THE RETIREE DIES; TO AMEND SECTION 9-1-1770, AS AMENDED, RELATING TO PRERETIREMENT AND POST-RETIREMENT BENEFITS OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF A DECEASED MEMBER UNDER THE GROUP LIFE INSURANCE PROGRAM; TO AMEND SECTIONS 9-8-80, 9-9-80, AND 9-11-160, RELATING TO THE PAYMENT OF BENEFITS UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER FOR THE MONTH IN WHICH THE RETIREE DIES; TO AMEND SECTION 9-11-120, AS AMENDED, RELATING TO PRERETIREMENT AND POST-RETIREMENT BENEFITS FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PROGRAM, AND TO REQUIRE PUBLIC SCHOOL TEACHERS RETIRING IN THE FIRST HALF OF 2001 TO PROVIDE NOTICE OF THEIR RETIREMENT TO THEIR EMPLOYERS NO LATER THAN SEPTEMBER 1, 2000, AND TO PROVIDE AN EXCEPTION.
A. 1. Chapter 1, Title 9 of the 1976 Code is amended by adding:
Section 9-1-2210. (A) An active contributing member who is eligible for service retirement under this chapter and complies with the requirements of this article may elect to participate in the Teacher and Employee Retention Incentive Program (program). A member electing to participate in the program retires for purposes of the system, and the member's normal retirement benefit is calculated on the basis of the member's average final compensation and service credit at the time the program period begins. The program participant shall agree to continue employment with an employer participating in the system for a program period, not to exceed five years. The member shall notify the system before the beginning of the program period. Participation in the program does not guarantee employment for the specified program period.
(B) During the specified program period, receipt of the member's normal retirement benefit is deferred. The member's deferred monthly benefit must be placed in the system's trust fund on behalf of the member. No interest is paid on the member's deferred monthly benefit placed in the system's trust fund during the specified program period.
(C) During the specified program period, the employer shall pay to the system the employer contribution for active members prescribed by law with respect to any program participant it employs, regardless of whether the program participant is a full-time or part-time employee, or a temporary or permanent employee. If an employer who is obligated to the system pursuant to this subsection fails to pay the amount due, as determined by the system, the amount must be deducted from any funds payable to the employer by the State.
(D) A program participant is retired from the retirement system as of the beginning of the program period. A program participant makes no further employee contributions to the system, accrues no service credit during the program period, and is not eligible to receive group life insurance benefits or disability retirement benefits. Accrued annual leave and sick leave used in any manner in the calculation of the program participant's retirement benefit is deducted from the amount of such leave accrued by the participant.
(E) A program participant is retired for retirement benefit purposes only. For employment purposes, a program participant is considered to be an active employee, retaining all other rights and benefits of an active employee and is not subject to the earnings limitation of Section 9-1-1790 during the program period.
(F) Upon termination of employment either during or at the end of the program period, the member must receive the balance in the member's program account by electing one of the following distribution alternatives:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
The member also must receive the previously determined normal retirement benefits based upon the member's average final compensation and service credit at the time the program period began, plus any applicable cost of living increases declared during the program period. The program participant is thereafter subject to the earnings limitation of Section 9-1-1790.
(G) If a program participant dies during the specified program period, the member's designated beneficiary must receive the balance in the member's program account by electing one of the following distribution alternatives:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
In accordance with the form of system benefit selected by the member at the time the program commenced, the member's designated beneficiary must receive either a survivor benefit or a refund of contributions from the member's system account.
(H) If a program participant fails to terminate employment with an employer participating in the retirement system within one month after the end of the specified program period, the member must receive the previously determined normal retirement benefits based upon the member's average final compensation and service credit at the time the program began, plus any applicable cost of living increases declared during the program period. The program participant is thereafter subject to the earnings limitation of Section 9-1-1790. The program participant also must receive the balance in the member's program account by selecting one of the following alternatives:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
(I) A member is not eligible to participate in the program if the member has participated previously in and received a benefit under this program or any other state retirement system."
2. The first paragraph of Section 9-1-1510 of the 1976 Code is amended to read:
"A member may retire upon written application to the system setting forth at what time, no more than ninety days before nor more than six months after the execution and filing of the application, the member desires to be retired, if the member at the time specified for the member's service retirement has:
(1) five or more years of earned service;
(2) attained the age of sixty years or has twenty-eight or more years of creditable service; and
(3) separated from service."
3. Section 9-1-1515 of the 1976 Code, as amended by Act 100 of 1999, is further amended to read:
"Section 9-1-1515. (A) In addition to other types of retirement provided by this chapter, a member may elect early retirement if the member:
(1) has five or more years of earned service;
(2) has attained the age of fifty-five years;
(3) has at least twenty-five years of creditable service; and
(4) has separated from service.
A member electing early retirement shall apply in the manner provided in Section 9-1-1510.
(B) The benefits for a member electing early retirement under this section must be calculated in the manner provided in Section 9-1-1550, except that in lieu of any other reduction factor, the member's early retirement allowance is reduced by four percent a year, prorated for periods less than one year, for each year of creditable service less than twenty-eight.
(C) A member who elects early retirement under this section is ineligible to receive any cost-of-living increase provided by law to retirees until the second July first after the date the member attains age sixty; or the second July first after the date the member would have twenty-eight years' creditable service had he not retired, whichever is earlier.
(D)(1) Except as provided in item (2) of this subsection, a member who elects early retirement under this section is not covered by the State Insurance Benefits Plan until the earlier of:
(a) the date the member attains age sixty, or
(b) the date the member would have twenty-eight years' creditable service had he not retired.
(2) A member taking early retirement may maintain coverage under the State Insurance Benefits Plan until the date his coverage is reinstated pursuant to item (1) of this subsection by paying the total premium cost, including the employer's contribution, in the manner provided by the Division of Insurance Services of the State Budget and Control Board."
4. Section 9-1-1550 of the 1976 Code, as last amended by Act 189 of 1989, is further amended to read:
"Section 9-1-1550. (A) Upon retirement from service on or after July 1, 1964, a Class One member shall receive a service retirement allowance which shall consist of:
(1) an employee annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and
(2) an employer annuity equal to the employee annuity allowable at the age of sixty-five years or at age of retirement, whichever is less, computed on the basis of contributions made prior to the age of sixty-five years; and
(3) if he has a prior service certificate in full force and effect, an additional employer annuity which must be equal to the employee annuity which would have been provided at age sixty-five or at age of retirement, whichever is less, by twice the contributions which he would have made during his entire period of prior service had the system been in operation and had he contributed thereunder during such entire period.
Upon retirement from service after December 31, 2000, a Class One member shall receive a service retirement allowance computed as follows: If the member's service retirement date occurs on or after his sixty-fifth birthday, or after he has completed twenty-eight or more years of creditable service, the allowance must be equal to one and forty-five hundredths percent of his average final compensation multiplied by the number of years of his creditable service.
If the member's service retirement date occurs before his sixty-fifth birthday and before he completes twenty-eight years of creditable service, his service retirement allowance is computed as above, but is reduced by five-twelfths of one percent thereof for each month by which his retirement date precedes the first day of the month, prorated for periods less than a month, coincident with or next following his sixty-fifth birthday.
Notwithstanding the foregoing provisions, any Class One member who retires on or after July 1, 1976, shall receive not less than the benefit provided under the formula in effect before July 1, 1976.
(B) Upon retirement from service after December 31, 2000, a Class Two member shall receive a service retirement allowance computed as follows:
(1) If the member's service retirement date occurs on or after his sixty-fifth birthday or after he has completed twenty-eight or more years of creditable service, the allowance must be equal to one and eighty-two hundredths percent of his average final compensation, multiplied by the number of years of his creditable service.
(2) If the member's service retirement date occurs before his sixty-fifth birthday and before he completes the twenty-eight years of creditable service, his service retirement allowance is computed as in item (1) above but is reduced by five-twelfths of one percent thereof for each month, prorated for periods less than a month, by which his retirement date precedes the first day of the month coincident with or next following his sixty-fifth birthday.
(3) Notwithstanding the foregoing provisions, a Class Two member whose creditable service began before July 1, 1964, shall receive not less than the benefit provided by subsection (A) of this section."
5. The last paragraph of Section 9-1-1770 of the 1976 Code, as last amended by Act 412 of 1990, is further amended to read:
"Upon the death of a retired member after December 31, 2000, there must be paid to the designated beneficiary or beneficiaries, if living at the time of the retired member's death, otherwise to the retired member's estate, a life insurance benefit of one thousand dollars if the retired member had ten years of creditable service but less than twenty years, two thousand dollars if the retired member had twenty years of creditable service but less than twenty-eight, and three thousand dollars if the retired member had at least twenty-eight years of creditable service at the time of retirement, provided the retired member's most recent employer prior to retirement is covered by the Group Life Insurance Program."
6. Section 9-1-1810 of the 1976 Code is amended to read:
"Section 9-1-1810. As of the end of each calendar year, the increase in the ratio of the Consumer Price Index to the index as of the prior December thirty-first must be determined, and if the increase equals or exceeds four percent, the retirement allowance, inclusive of the supplemental allowances payable under the provisions of Sections 9-1-1910, 9-1-1920, and 9-1-1930, of each beneficiary in receipt of an allowance must be increased by four percent. If the increase in the index is less than four percent, the retirement allowance, inclusive of supplemental allowances, all as determined above, must be increased by a percentage equal to the increase in the index. The increase in retirement allowances commences the July first immediately following the December thirty-first that the increase in ratio was determined, and all increases in retirement allowances must be granted to these beneficiaries in receipt of a retirement allowance on July first immediately preceding the effective date of the increase. Any increase in allowances is effective only if the additional liabilities because of the increase in allowances do not require an increase in the total employer rate of contribution. Any increase in allowance granted pursuant to this section must be included in the determination of any subsequent increases, irrespective of any subsequent decrease in the Consumer Price Index.
The allowance of a surviving annuitant of a beneficiary whose allowance is increased under this section must, when and if payable, be increased by the same percent.
For purposes of this section, 'Consumer Price Index' means the Consumer Price Index for Wage Earners and Clerical Workers, as published by the United States Department of Labor, Bureau of Labor Statistics."
7. Section 9-1-1850 of the 1976 Code, as last amended by Act 420 of 1994, is further amended to read:
"Section 9-1-1850. A member who has at least twenty-five years of creditable service may elect to receive up to three years of additional service credit as though the additional service credit were rendered by the member as an employee or member upon paying into the member's retirement system, during the ensuing number of years the member wishes to purchase in the manner the Comptroller General shall direct, the employer and employee contributions that would be due for the position that the member presently holds at the salary level in effect during those years. If the position is consolidated or eliminated after the member's retirement, the member shall pay the employer and employee contributions during the remaining required years at a level equal to what these contributions were for the position before its consolidation or elimination. The member also shall pay the employer and employee cost for health and dental insurance in effect during the ensuing years the member wishes to purchase. The additional service credit qualifies the member for retirement and the member must terminate employment within ninety days after electing the option provided by this section. The salary level of the position the member presently holds, during the ensuing years the member pays the employer and employee contributions, is attributable to the member for purposes of determining the member's average final compensation.
The retirement benefits of the member shall not commence until the time benefits would have been paid when the member had completed twenty-eight years of service.
The option allowed by this section cannot be exercised if the member has purchased nonqualified service pursuant to Section 9-1-1140(E)."
8. Section 9-11-310 of the 1976 Code is amended to read:
"Section 9-11-310. As of the end of each calendar year, the increase in the ratio of the Consumer Price Index to the index as of the prior December thirty-first must be determined, and if the increase equals or exceeds four percent, the retirement allowance must be increased by four percent. If the increase in the index is less than four percent, the retirement allowances, as determined above, must be increased by a percentage equal to the increase in the index. The increase in retirement allowances commences the July first immediately following the December thirty-first that the increase in ratio was determined.
All increases in retirement allowances must be granted to those beneficiaries in receipt of a retirement allowance on July first immediately preceding the effective date of the increase. The increase in allowances is effective only if the additional liabilities on account of the increase in allowances do not require an increase in the employer rate of contribution. Any increase in allowance granted pursuant to this section is permanent, irrespective of any subsequent decrease in the Consumer Price Index, and must be included in determining any subsequent increase.
The allowance of a surviving annuitant of a beneficiary whose allowance is increased under this section, when and if payable, must be increased by the same percent.
For purposes of this section, 'Consumer Price Index' means the Consumer Price Index for Wage Earners and Clerical Workers as published by the United States Department of Labor, Bureau of Labor Statistics."
9. Notwithstanding the general effective date of this act, this subsection takes effect January 1, 2001.
B. 1. Article 13, Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-1615. All retirement allowances are payable in monthly installments. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the member's estate. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-1-1620, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
2. Section 9-1-1770 of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding a new undesignated paragraph at the end to read:
"Upon the death of a retired member after June 30, 2000, the life insurance benefit otherwise due the member's beneficiary, beneficiaries, or estate under the above paragraph is increased as follows: one thousand dollars is increased to two thousand dollars; two thousand dollars is increased to four thousand dollars; and three thousand dollars is increased to six thousand dollars."
3. Section 9-8-80 of the 1976 Code is amended to read:
"Section 9-8-80. All retirement allowances are payable in monthly installments. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's spouse, or if the member designated a nonspouse beneficiary or beneficiaries, then to the nonspouse beneficiary or beneficiaries living at the time of the member's death, otherwise to the estate of the member. A spouse's entitlement to a benefit pursuant to Section 9-8-110 commences in the month after the retired member's death. If the retired member elected a survivor option pursuant to the optional retirement allowances in Section 9-8-70, any allowance payable to a survivor beneficiary or beneficiaries commences in the month after the death of the retired member."
4. Section 9-9-80 of the 1976 Code is amended to read:
"Section 9-9-80. All retirement allowances are payable in monthly installments. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the estate of the member. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-9-70, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
5. The last paragraph of Section 9-11-120 of the 1976 Code, as amended by Act 170 of 1991, is further amended to read:
"Upon the death of a retired member on or after July 1, 2000, there must be paid to the designated beneficiary or beneficiaries, if living at the time of the retired member's death, otherwise to the retired member's estate, a life insurance benefit of two thousand dollars if the retired member had ten years of creditable service but less than twenty years, four thousand dollars if the retired member had twenty years of creditable service but less than twenty-five, and six thousand dollars if the retired member had at least twenty-five years of creditable service at the time of retirement, if the retired member's most recent employer prior to retirement is covered by the Group Life Insurance Program."
6. Section 9-11-160 of the 1976 Code is amended to read:
"Section 9-11-160. All retirement allowances are payable in monthly installments. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the member's estate. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-11-150, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
7. Notwithstanding the general effective date of this act, this subsection takes effect July 1, 2000.
C. All local school district classroom teachers must provide to their employer notice of their intent to retire after December 31, 2000, and before the end of the 2000-2001 school year. This notification must be submitted in writing no later than September 1, 2000. Employees electing to retire from the retirement system but choosing to stay employed under the Teacher and Employee Retention Incentive Program are exempt from this requirement.
TO AMEND SECTION 59-149-10 OF THE 1976 CODE, RELATING TO LIFE SCHOLARSHIPS, INCLUDING THE ANNUAL AMOUNTS THEREOF, SO AS TO INCREASE FROM TWO THOUSAND DOLLARS A YEAR TO THREE THOUSAND DOLLARS A YEAR THE MAXIMUM AMOUNT OF SUCH SCHOLARSHIPS FOR ELIGIBLE STUDENTS ATTENDING FOUR-YEAR PUBLIC OR INDEPENDENT INSTITUTIONS, AND TO INCREASE THE AMOUNT OF SUCH SCHOLARSHIPS THAT ELIGIBLE STUDENTS ATTENDING TWO-YEAR PUBLIC OR INDEPENDENT INSTITUTIONS, INCLUDING STATE TECHNICAL COLLEGES MAY RECEIVE FROM A MAXIMUM OF ONE THOUSAND DOLLARS A YEAR TO THE COST OF TUITION FOR THIRTY CREDIT HOURS A YEAR, AND TO PROVIDE THESE INCREASES BEGIN WITH SCHOOL YEAR 2000-2001.
Section 59-149-10 of the 1976 Code, as added by Act 418 of 1998, is amended by adding a new subsection (D) to read:
"(D) Beginning with school year 2000-2001, the annual amount of a LIFE Scholarship for eligible resident students attending a four-year public or independent institution as defined herein is increased from the cost of attendance up to a maximum of two thousand dollars a year to the cost of attendance up to a maximum of three thousand dollars a year, and the annual amount of a LIFE Scholarship for eligible resident students attending a two-year public or independent institution as defined herein which includes state technical colleges is increased from the cost of attendance up to a maximum of one thousand dollars a year to the cost of tuition for thirty credit hours a year or its equivalent. Tuition for this purpose means the amount charged for registering for credit hours of instruction and shall not include other fees, charges, or costs of textbooks."
TO AMEND THE 1976 CODE BY ADDING SECTION 59-1-470 SO AS TO PROVIDE FOR THE DISTRIBUTION BY THE STATE DEPARTMENT OF EDUCATION TO SCHOOL DISTRICTS OF STATE-APPROPRIATED FUNDS FOR EMPLOYER MATCHING CONTRIBUTIONS TO EMPLOYEES PARTICIPATING IN DEFERRED COMPENSATION PLANS, TO PROVIDE A MAXIMUM THREE HUNDRED DOLLAR MATCHING CONTRIBUTION, AND TO PROVIDE THOSE DISTRICT EMPLOYEES ELIGIBLE TO RECEIVE MATCHING CONTRIBUTIONS.
Article 5, Chapter 1, Title 59 of the 1976 Code is amended by adding:
"Section 59-1-470. Funds appropriated by the General Assembly for a deferred compensation employer matching contribution must be distributed by the State Department of Education to school districts for the purpose of providing an employer matching contribution for eligible school district employees making contributions to deferred compensation plans offered by the South Carolina Deferred Compensation Commission or other approved and qualified plans of other providers. These funds must be distributed in a manner consistent with the provisions of Section 8-23-110. The employer matching contribution by the school district may not exceed three hundred dollars for each eligible employee a year. Individuals eligible for the matching contribution must be classified as required in Section 9-20-20, the Optional Retirement Program for Teachers and School Administrators."
TO AMEND CHAPTER 122, TITLE 44 OF THE 1976 CODE, RELATING TO THE COUNTY GRANTS FUND FOR ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO FURTHER PROVIDE FOR THE ADMINISTRATION AND DISTRIBUTION OF MONIES APPROPRIATED TO THE GRANTS FUND, TO REQUIRE REGULAR EVALUATIONS OF PROJECTS RECEIVING MONIES FROM THE GRANTS FUND, AND TO PROVIDE FOR TECHNICAL REVISIONS RELATING TO THE COUNTY GRANTS FUND PROGRAM.
A. Chapter 122, Title 44 of the 1976 Code, as added by Act 419 of 1998, is further amended to read:
"Section 44-122-10. As used in this chapter:
(1) 'Adolescent' means an individual nineteen years of age and under.
(2) 'Contractor' means a public or private agency or organization receiving money from the fund.
(3) 'County government' means the governing body of a county or the organization or agency in a county that has been designated pursuant to Section 44-122-30(C) to assume the duties and responsibilities assigned to county governments.
(4) 'Department' means the South Carolina Department of Social Services. In reference to a specific decision to be made or report to be submitted, 'department' means the State Director of the South Carolina Department of Social Services (DSS).
(5) 'Initiative' means a local program or project funded by a county or consortium of counties pursuant to this chapter. If a consortium is formed, a lead county must be designated to serve as fiscal agent to DSS.
(6) 'Short term outcomes' means the intermediate results that a particular adolescent pregnancy prevention intervention is likely to produce including, but not limited to, increased knowledge, behavior change, or delays or reductions in sexual activity.
(7) 'Long term outcome' means the measurable reduction in the rate of adolescent pregnancy for a specific target population or defined geographic area.
(8) 'Primary pregnancy prevention' means prevention of first pregnancy.
(9) 'Fund' means the County Grants Fund for Adolescent Pregnancy Prevention Initiatives created by this chapter.
(10) 'Local interagency council' means an organized group of representatives of public and private agencies in the county with functions related to youth development.
Section 44-122-20. (A) There is established the County Grants Fund for Adolescent Pregnancy Prevention Initiatives. The fund must be administered by the department and county governments as provided in this chapter. The purpose of the fund is to support local efforts to prevent early sexual activity and to measurably reduce the rate of adolescent pregnancy in each county and in the State and to ensure that these efforts reflect local community values.
(B) Any program components funded by federal Temporary Assistance for Needy Families (TANF) dollars are subject to TANF reporting requirements and federal fiscal accountability requirements. The department shall amend the South Carolina Temporary Assistance for Needy Families (TANF) Block Grant State Plan as required by federal law to govern expenditures of federal TANF dollars.
Section 44-122-30. (A) Ten percent of the money appropriated annually to the fund by the General Assembly is to be used by the department to evaluate the effectiveness of each initiative and the fund as specified in Section 44-122-60. The remaining money must be distributed by the department to each county government in the following manner:
(1) fifteen percent of the money appropriated must be allocated evenly among all counties;
(2) fifteen percent of the money appropriated must be allocated to counties based on the size of their adolescent population;
(3) twenty percent of the money appropriated must be allocated to counties based on their rate of adolescent pregnancy;
(4) forty percent of the funds appropriated must be allocated to counties based on their number of adolescent pregnancies.
A county government may retain up to five percent of the money it receives to cover the actual costs of administering the fund. All other funds must be allocated for initiatives mainly focused on primary pregnancy prevention.
(B) Money appropriated to the fund must not be used for:
(1) purchase of inpatient care;
(2) purchase or improvement of land;
(3) purchase, construction, or permanent improvement of any building or other facility;
(4) purchase of any item of major equipment costing over two thousand dollars;
(5) transportation to or from abortion services;
(6) abortions; or
(7) provision of goods or services to a participant in a local project or initiative that exceeds fifty dollars per participant per year; counseling and guidance as well as any service of nonmonetary value are exempt from the fifty dollar limit.
(C) If the governing body of a county chooses not to assume the responsibilities and duties assigned to county governments by this chapter:
(1) the governing body may designate an agency or organization to assume those responsibilities and duties; or
(2) in the absence of designation by the governing body, the department may designate another agency or organization within the county to assume those responsibilities and duties.
(D) If a county government uses money it receives pursuant to subsection (A) in a manner not expressly authorized by this chapter, the department may designate another agency or organization within the county to assume those responsibilities and duties, or reallocate that county's funds among compliant counties in accordance with the formula prescribed in subsection (A).
(E) If a county fails to fund an initiative during any fiscal year, the funds allocated to that county shall be reallocated in the following year, in accordance with the formula prescribed in subsection (A).
(F) Funds allocated subsequent to the 1998 appropriation will be subject to the following conditions: New initiatives and initiatives receiving continuation of funds beyond the third year must incorporate either a nationally recognized best practices model for teen pregnancy prevention, or a model that has demonstrated a record of local success in reducing adolescent pregnancy or the risk factors that contribute to adolescent pregnancy in South Carolina during the previous funding period as reflected in the evaluation or the summary progress reports.
(G) The department, on recommendation of the evaluator, will determine if the conditions described above are met before the department disseminates new funds or continuation of funds beyond the third year, in accordance with Section 44-122-30(A).
(H) Funding for an initiative shall be terminated if the evaluator notifies the department and the county government that an initiative substantially deviates from the approved project design, including timelines.
Section 44-122-40. (A) A local public or private agency or organization or combination of these agencies and organizations may apply to the county government for an allocation of funds to operate an adolescent pregnancy prevention initiative. All initiatives funded by the county government pursuant to this chapter shall emphasize premarital sexual abstinence and male responsibility. All applications must meet the following minimum standards for consideration:
(1) Each initiative must have a plan of action for prevention of adolescent pregnancy that extends for at least five years. The proposal must include convincing evidence of a direct link between project activities and the reduction of adolescent pregnancy in the target population.
(2) Each initiative must have realistic, specific, and measurable goals, objectives, timelines, and budget for the prevention of adolescent pregnancy.
(3) The proposal must include a description of the method for collecting and reporting the data required by the department to evaluate the effectiveness of the initiative as specified in Section 44-122-60. Each initiative, before submitting its proposal, must send a representative to the evaluation standards workshop sponsored by the department.
(B) Continuation of funding for a local teen pregnancy prevention initiative is contingent upon:
(1) successful evaluation of the effectiveness of the contractor's performance in achieving its short term outcomes within the first two years of receiving money and in achieving the fund's long term outcome by the end of the third year of receiving money; and
(2) the contractor updating information concerning the nature of the problem in its target population, available resources, and potential barriers to success, with appropriate changes in the initiative's goals, objectives, timeliness, and budget.
Section 44-122-50. (A) The Department of Social Services shall:
(1) disburse the funds pursuant to Section 44-122-60, upon receiving notification from the county government that a contractor has been selected and determining that the contract and the process by which it was awarded are in compliance with federal requirements;
(2) evaluate the success of the initiatives funded under this chapter, as required by Section 44-122-60;
(3) analyze all available information and report to the Governor and the General Assembly on the effectiveness of the fund in measurably reducing the rate of adolescent pregnancy in the State. These reports must be made annually, with the first report due three years after the first distribution of funds pursuant to Section 44-122-30(A); and
(4) provide to each county government specific criteria required by this chapter.
(B) County governments shall:
(1) oversee and administer funds distributed to the county pursuant to Section 44-122-30(A). To access funds, the county government shall submit to the department the identity of the contractor, the amount of the contract, and a copy of the proposal;
(2) choose from among the applicants recommended by the interagency council for the county or select an appropriate applicant if no interagency council exists. Nothing in this act requires the establishment of an interagency council;
(3) develop criteria in addition to those stated herein or established by the department, as necessary, to meet specific local needs; and
(4) monitor contractors' progress in meeting stated goals, objectives, and timeliness.
(C) Local interagency councils shall review applications for an allocation of funds and recommend to the county government those applications that meet the standards and criteria as stated herein or established by the department or the county government. If no local interagency council exists in a county, the county government shall determine whether applications meet the standards and criteria.
(D) Contractors shall:
(1) comply with reporting, contracting, and evaluation requirements of the county government and the department;
(2) define and maintain cooperative ties with other community institutions;
(3) coordinate and collaborate with other community entities, including county Teen Companion Programs, that have an interest in positive youth development and adolescent risk behavior reduction;
(4) obtain approval from the county government and the department insofar as compliance with federal regulations is concerned before making changes in program goals, objectives, and target populations; and
(5) before the beginning of each fiscal year, submit to the county government for approval a budget of planned expenditures, and at the end of each fiscal year, render an accounting of expenditures to the county government;
(6) submit bi-annual summary program progress reports to the county government and the local interagency council, with copies to the department and the evaluator, beginning January 1, 2001, describing the status of the project and developments during the preceding six months.
(E) The Department of Health and Environmental Control shall:
(1) provide technical assistance and training to county governments and contractors, as needed, related to adolescent pregnancy prevention issues; and
(2) if a community health assessment has been conducted in a county, share information with county governments, contractors, and program applicants about the nature of the problem, available resources, and potential barriers to the development of teen pregnancy prevention projects and activities.
Section 44-122-60. An evaluation must be conducted by a firm or individual external to the department, on a schedule to be determined by the department, and must assess the effectiveness of each initiative in meeting its short and long term outcomes. The evaluator will also assess adherence to national best practice models as well as fidelity to program design and delivery of services, and other indicia of success in reducing adolescent pregnancy and the risk factors that contribute to adolescent pregnancy. Evaluation standards must be consistent across all initiatives. The evaluation also must assess the effectiveness of each county government's efforts in measurably reducing the rate of adolescent pregnancy for the county. These efforts include administration of the fund and selection and oversight of contractors."
TO AMEND SECTION 20-7-670, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES' AUTHORITY TO INVESTIGATE ABUSE AND NEGLECT IN RESIDENTIAL INSTITUTIONS AND FOSTER HOMES, SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES, INSTEAD OF THE OMBUDSMAN OF THE OFFICE OF THE GOVERNOR, SHALL INVESTIGATE AN ALLEGATION OF ABUSE OR NEGLECT OF A CHILD WHERE THE CHILD IS IN THE CUSTODY OF, OR A RESIDENT OF, A PUBLIC OR PRIVATE HEALTH FACILITY, INSTITUTION, OR AGENCY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH; AND TO AMEND SECTION 1A OF JOINT RESOLUTION 157 OF 1997, AS AMENDED, RELATING TO A PILOT CHILD PROTECTIVE SERVICES SYSTEM WHICH ALLOWS THE DEPARTMENT OF SOCIAL SERVICES TO DIVERT CHILD ABUSE AND NEGLECT CASES TO AN ASSESSMENT TRACK RATHER THAN FOLLOWING NORMAL PROTOCOL WHEN CERTAIN MORE SERIOUS FORMS OF ALLEGED ABUSE OR NEGLECT ARE NOT PRESENT, SO AS TO INCREASE THE NUMBER OF COUNTIES IN THE PILOT SYSTEM AND TO PROVIDE THAT THE NEWEST COUNTIES ADDED NEED NOT BE INCLUDED IN THE EVALUATION.
A. Section 20-7-670 of the 1976 Code, as last amended by Act 132 of 1997, is further amended to read:
"Section 20-7-670. (A) The Department of Social Services is authorized to receive and investigate reports of abuse and neglect in residential institutions and foster homes. In no case does the Department of Social Services have responsibility for investigating allegations of abuse and neglect in institutions operated by the Department of Social Services.
(B) The Department of Social Services is authorized to receive and investigate reports of abuse and neglect occurring in foster homes supervised by or recommended for licensing by the department or by child placing agencies to determine whether the report is indicated or unfounded. Indicated reports must be based upon a finding that abuse or neglect is supported by a preponderance of the evidence available to the department. The determination that a report is indicated may be appealed, as provided in Section 20-7-655. Responsibility for investigating the department's foster homes must be assigned to a unit or units not responsible for selecting or licensing its foster homes.
(C) The department shall promulgate regulations consistent with this authority. The regulations shall cover at a minimum investigation of reports, notice to the institutions and sponsoring agencies, and remedial action.
(D) The State Law Enforcement Division is authorized to receive and investigate reports of institutional abuse and neglect alleged to have occurred in any institution or foster home operated by the Department of Juvenile Justice and any institution or daycare facility operated by the Department of Social Services. The State Law Enforcement Division may promulgate regulations consistent with this authority to receive and investigate these reports.
(E) The Department of Social Services may initiate proceedings in the circuit court to enjoin the operations of a foster home, an institution, or a child placing agency or to require other corrective action if necessary for the safety of the children. The department shall take whatever steps it considers necessary to inform potential reporters of abuse and neglect of its responsibilities under this section.
(F) The Department of Social Services must investigate an allegation of abuse or neglect of a child where the child is in the custody of or a resident of a residential treatment facility or intermediate care facility for the mentally retarded licensed by the Department of Health and Environmental Control or operated by the Department of Mental Health.
(G) The Department of Social Services has access to facilities for the purpose of conducting investigations and has authority to request and receive written statements, documents, exhibits, and other information pertinent to an investigation including, but not limited to, hospital records. The appropriate officials, agencies, departments, and political subdivisions of the State must assist and cooperate with the court and the Department of Social Services in furtherance of the purposes of this section.
(H) The Department of Social Services may file with the family court an affidavit and a petition to support issuance of a warrant at any time during an investigation. The family court must issue the warrant if the affidavit and petition establish probable cause to believe the child is an abused or neglected child and that the investigation cannot be completed without issuance of the warrant. The warrant may authorize the department to interview the child, to inspect the premises of the child, to inspect the premises where the child may be located or may reside, and to obtain copies of medical, school, or other records necessary for investigation of the allegations of abuse or neglect.
(I) When the investigation performed pursuant to this section results in a determination that an individual has harmed a child or threatened a child with harm, as defined in Section 20-7-490, the name of that individual must be entered immediately in the Central Registry of Child Abuse and Neglect. The department must notify the individual in writing by certified mail that his name has been entered in the registry, of his right to request an appeal of the decision to enter his name in the registry, and of the possible ramifications regarding future employment and licensing if he allows his name to remain in the registry. The procedures set forth in Section 20-7-655 apply when an individual challenges the entry of his name in the registry and challenges of the entry in the registry pursuant to this subsection must be given expedited review in the appellate process."
B. Section 1A of Joint Resolution 157 of 1997, as amended by Act 104 of 1999, is further amended to read:
"(A) The Department of Social Services is authorized to establish in up to twelve counties of the State a pilot child protective services system as set forth in this joint resolution. The pilot shall commence no sooner than January 1, 1998, and no later than January 1, 1999. It shall continue for three years after it is commenced and until the conclusion of the next legislative session thereafter. Counties which are added to the pilot project more than one year after the commencement of the pilot project need not be included in the evaluation of the project. The pilot will test a child protection system that acknowledges the different intervention needs of families by providing for a family assessment track instead of normal protocol in certain cases. For purposes of this pilot, the definitions of child abuse and neglect and related terms as contained in Section 20-7-490 of the 1976 Code apply and nothing in this joint resolution may be construed to expand the jurisdiction of the department. It is the intent of the General Assembly that an alternative manner of intervention be developed that diminishes the need for family court involvement but does not increase the number of families receiving child protective service interventions. Provisions of Chapter 7, Title 20 of the 1976 Code that do not conflict with the provisions of this joint resolution apply to the pilot."
TO AMEND SECTION 9-9-60, AS AMENDED, OF THE 1976 CODE, RELATING TO RETIREMENT AND RETIREMENT BENEFITS UNDER THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY WHO HAS ATTAINED THE AGE OF SEVENTY AND ONE-HALF YEARS WITH FORTY YEARS SERVICE TO RECEIVE RETIREMENT BENEFITS WHILE CONTINUING TO SERVE IN THE GENERAL ASSEMBLY WITHOUT COMPENSATION, TO PROVIDE THAT A MEMBER RECEIVING THESE BENEFITS MAKES NO FURTHER CONTRIBUTIONS TO OR ACCRUES SERVICE CREDIT IN THE SYSTEM, AND TO PROVIDE THAT THIS ELECTION TO RECEIVE RETIREMENT BENEFITS IS IRREVOCABLE.
A. Section 9-9-60 of the 1976 Code, as last amended by Act 497 of 1994, is further amended by adding at the end:
"(3) A member who has attained the age of seventy and one-half years and has forty years of service may retire and draw a retirement benefit while continuing to serve in the General Assembly upon written application to the board setting forth at what time, not more than ninety days before nor more than six months subsequent to the execution and filing of the application, the member desires to be retired. A member who has retired under this provision shall make no further contributions to the system, shall earn no further service credit, and may not reenter membership in the system.
The member must retire at the beginning of an annual session of the General Assembly and his election to receive his retirement allowance under this system is in lieu of receiving his constitutionally mandated per diem salary, currently established at ten thousand four hundred dollars for a regular session. This election if made is irrevocable and applies for as long as that person serves thereafter in the General Assembly including service in both regular and extra sessions."
B. This section takes effect January 1, 2001.
Except where otherwise stated, this act takes effect July 1, 2000.
Ratified the 22nd day of June, 2000.
*Text printed in italic, boldface mark sections vetoed by the Governor November 21, 2000.
Unless otherwise stated, provisions not vetoed by the Governor took effect July 1, 2000.
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