1.1.      (SDE: Appropriation Transfer Prohibition)  The amounts appropriated herein for aid to subdivisions, allocations to school districts, or special line items shall not be transferred and must be expended in accordance with the intent of the appropriation.  However, transfers are authorized from allocations to school districts or special line items with projected year-end excess appropriations above requirements, to allocations to school districts or special line items with projected deficits in appropriations.
     1.2.      (SDE: DHEC - Comprehensive Health Assessment)  All school districts shall participate, to the fullest extent possible, in the Medicaid program by seeking appropriate reimbursement for services and administration of health and social services.  Reimbursements to the school districts shall not be used to supplant funds currently being spent on health and social services.
     1.3.      (SDE: EFA Formula/Base Student Cost Inflation Factor)  To the extent possible within available funds, it is the intent of the General Assembly to provide for 100 percent of full implementation of the Education Finance Act to include an inflation factor projected by the Division of Budget and Analyses to match inflation wages of public school employees in the Southeast.  The base student cost for the current fiscal year has been determined to be $2,290 $2,367.  In Fiscal Year 2005-06 2006-07, the total pupil count is projected to be 670,433 677,092.  The average per pupil funding is projected to be $4,296 $4,357 state, $964 $1,086 federal, and $4,566 $5,333 local.  This is an average total funding level of $9,826 $10,776 excluding revenues of local bond issues.
     Any unallocated Education Finance Act funds at the end of the current fiscal year must be allocated to the school districts for school building aid on a nonmatching basis on the same basis that districts receive Education Finance Act allocations and/or for Summer School.
     1.4.      (SDE: EFA - Formula)  The amount appropriated in Part IA, Section 1 for "Education Finance Act" shall be the maximum paid under the provisions of Act 163 of 1977 (the South Carolina Education Finance Act of 1977) to the aggregate of all recipients.  The South Carolina Education Department shall develop formulas to determine the state and required local funding as stipulated in the South Carolina Education Finance Act of 1977.  Such formulas shall require the approval of the State Board of Education and the Budget and Control Board.  After computing the EFA allocations for all districts, the department shall determine whether any districts' minimum required local revenue exceeds the districts' total EFA Foundation Program.  When such instance is found, the department shall adjust the index of taxpaying ability to reflect a local effort equal to the cost of the districts' EFA Foundation Program.  The districts' weighted pupil units are to be included in determination of the funds needed for implementation of the Education Finance Act statewide.
     In the event that the formulas as devised by the Department of Education and approved by the State Board of Education and the Budget and Control Board should provide for distribution to the various school districts totaling more than the amount appropriated for such purposes, subject to the provisions of this proviso, the Department of Education shall reduce each school district entitlement by an equal amount per weighted pupil so as to bring the total disbursements into conformity with the total funds appropriated for this purpose.  If a reduction is required in the state's contribution, the required local funding shall be reduced by the proportionate share of local funds per weighted pupil unit.  The Department of Education shall continually monitor the distribution of funds under the provisions of the Education Finance Act and shall make periodic adjustments to disbursements to insure that the aggregate of such disbursements do not exceed the appropriated funds.
     Notwithstanding any other provision of law, local districts shall not be mandated or required to inflate the base number in their respective salary schedules by any percentage greater than the percentage by which the appropriated base student cost exceeds the appropriated base student cost of the prior fiscal year.
     1.5.      (SDE: Employer Contributions/Allocations)  It is the intent of the General Assembly that the appropriation contained herein for "Public School Employee Benefits" shall not be utilized to provide employer contributions for any portion of a school district employee's salary which is federally funded.
     State funds allocated for school district employer contributions must be allocated by the formula and must be used first by each district to cover the cost of fringe benefits for personnel required by the Defined Program, food service personnel and other personnel required by law.  Once a district has expended all state allocated funds for fringe benefits, the district may utilize food service revenues to fund a proportionate share of fringe benefits costs for food service personnel.
     The Department of Juvenile Justice and the Department of Corrections' school districts must be allocated funds under the fringe benefits program in accordance with criteria established for all school districts.
     1.6.      (SDE: Employer Contributions/Obligations)  In order to finalize each school district's allocations of Employer Contributions funds for retiree insurance from the prior fiscal year, the Department of Education is authorized to adjust a school district's allocation in the current fiscal year accordingly to reflect actual payroll and payments to the Retirement System from the prior fiscal year.  In the event the Department of Education is notified that an educational subdivision has failed to remit proper payments to cover Employee Fringe Benefit obligations, the Department of Education is directed to withhold the educational subdivision's state funds until such obligations are met.
     1.7.      (SDE: Governor's School for Science & Math)  Any unexpended balance on June 30 of the prior fiscal year of funds appropriated to or generated by the Governor's School for Science and Mathematics may be carried forward and expended in the current fiscal year pursuant to the direction of the board of trustees of the school.
     1.8.      (SDE: Educational Responsibility/Foster Care)  Notwithstanding any other provision of law, the responsibility for providing a free and appropriate public education program for all children including disabled students is vested in the public school district wherein a child of lawful school age resides in a foster home, group home, orphanage, or a state operated health care facility including a facility for treatment of mental illness or chemical dependence located within the jurisdiction of the school district.  The districts concerned may agree upon acceptable local cost reimbursement.  If no agreement is reached, districts providing education shall receive from the district where the child last resided before placement in a facility an additional amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act.  If a child from out of state is residing in a facility owned and/or operated by a for profit entity, the district providing educational services shall be reimbursed by the for profit entity the local district's local support per weighted pupil above the statewide average base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act.  This also applies to John de la Howe School who also has the authority to seek reimbursement in any situation that the school district has participation in the placement of the student.  John de la Howe school shall be reimbursed the local district's local support per weighted pupil above the statewide average base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act.  Participation will be evidenced by a written agreement from the IEP team or 504 team, written referral, or the school district initiating the placement process.  School districts providing the education shall notify the nonresident district in writing within 45 calendar days that a student from the nonresident district is receiving education services pursuant to the provisions of the proviso.  The notice shall also contain the student's name, date of birth, and disabling condition if available.  If appropriate financial arrangements cannot be effected between institutions of the state and school districts, institutions receiving educational appropriations shall pay the local base student cost multiplied by the appropriate pupil weighting.  Children residing in institutions of state agencies shall be educated with nondisabled children in the public school districts if appropriate to their educational needs.  Such institutions shall determine, on an individual basis, which children residing in the institution might be eligible to receive appropriate educational services in a public school setting.  Once these children are identified, the institution shall convene an IEP meeting with officials of the public school district in which the institution is located.  If it is determined by the committee that the least restrictive environment in which to implement the child's IEP is a public school setting, then the school district in which the institution is located must provide the educational services.  However, that school district may enter into contractual agreements with any other school district having schools located within a 45 mile radius of the institution.  The cost for educating such children shall be allocated in the following manner:  the school district where the child last resided before being placed in an institution shall pay to the school district providing the educational services an amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act; the school district providing the educational services shall be able to count the child for all funding sources, both state and federal.  The institution and school district, through contractual agreements, will address the special education and related services to be provided to students.  Should the school district wherein the institution is located determine that the child cannot be appropriately served in a public school setting, then the institution may request a due process hearing pursuant to the procedures provided for in the Individuals with Disabilities Education Act.
     The agreed upon acceptable local cost reimbursement or the additional amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting set forth in Section 59-20-40, for instructional services provided to out-of-district students, shall be paid within 60 days of billing, provided the billing district has provided a copy of the invoice to both the Superintendent and the finance office of the district being invoiced.  Should the district not pay within 60 days, the billing district can seek relief from the Department of Education.  The department shall withhold EFA funding equal to the billing from the district refusing to pay and submit the funding (equal to the invoice) to the billing school district.
     The agency placing a child in any situation that requires changing school districts, must work with the schools to assure that all required school records, including confidential records, are transferred from the sending to the receiving school within three working days.  School records to be transferred should include grade transcripts, state birth certificate, certificate of immunization, social security card, attendance records, discipline records, IEP's, psychological reports (or notation in the school records that a psychological report on the child is available at the school district office) and any other records necessary for the appropriate placement of the child in the new school.  School districts must release all records upon presentation of a court order or appropriate permission for confidential release.  If evaluation or placement is pending, the receiving school district is responsible to secure information and to complete the placement.  The receiving school will maintain appropriate confidentiality of all records received on a child.
     1.9.      (SDE: Disabled/Preschool Children)  The state funding for free appropriate public education provided for the three and four-year-old disabled children served under Act 86 of 1993, shall be distributed based on the district's index of taxpaying ability as defined in Section 59-20-20(3).  Five-year-old disabled children shall continue to be funded under the Education Finance Act of 1977.
     1.10.      (SDE: Instruction in Juvenile Detention Centers)  It shall be the responsibility of the school district where a local juvenile detention center is located to provide adequate teaching staff and to ensure compliance with the educational requirements of this State.  Students housed in local detention centers are to be included in the average daily membership count of students for that district and reimbursement by the Department of Education made accordingly.
     1.11.      (SDE: Revenue Authorization)  The State Department of Education is hereby authorized to collect, expend, and carry forward revenues in the following areas to offset the cost of providing such services:  the sale of publications, manuals and forms, the sale of Apple Tags, royalties, contributions, donations, foundation funds, special grants and contracts, brochures, photo copies, listings and labels, Directory of South Carolina Schools, student health record cards, items to be recycled, and high school diplomas and certificates; the collection of out-of-state and in-state investigation fees, registration fees for non-SDE employees, recurring facility inspection fees, teacher certification fees; the handling of audio-visual film; the provision of contract computer services to school districts and other state agencies, joint broadcast service to school districts, and education-related statistics through agreement with the National Center for Education Statistics; the lease or sale of programs of television, audio or microcomputer software; the collection of damage fees for instructional materials and the sale of unusable instructional materials; sale of fuel; use and repair of transportation equipment; fees for Medicaid reimbursable transportation; the receipt of insurance and warranty payments on Department of Education equipment and the sale of used school buses and support equipment.  The Department of Education is authorized to collect revenue for deposit into the State General Fund for testing material purchases and test rescoring fees.
     1.12.      (SDE: School District Bank Accounts)  Notwithstanding any other provisions of law, each school district in this State, upon the approval of the district's governing body, may maintain its own bank account for the purpose of making disbursement of school district funds as necessary to conduct school district business and each county treasurer is hereby authorized to transfer such amount as needed, upon receipt of a written order certified by the district governing body or their designee.  Such order shall contain a statement that such amount is for immediate disbursement for the payment of correct and legal obligation of the school district.
     1.13.      (SDE: School Lunch Program Aid)  The amount appropriated herein for School Lunch Program Aid shall be divided among the District and/or County Boards of Education of the State upon the basis of the number of schools participating in the School Lunch Program in each district during the prior school year.  The travel expenses of the District and/or County School Lunch Supervisor shall be paid from this appropriation at the prevailing rate of mileage allowed by the State.  These funds may be used as an aid in improving the School Lunch Program.  These funds may not be used to supplement the salaries of school lunch supervisors.  In the absence of a County Board of Education in multi-district counties, the funds will be divided among the school districts of the county on the basis of the number of schools participating in the School Lunch Program in each district during the prior school year.
     1.14.      (SDE: Teachers/Temporary Certificates)  Of the funds provided for teacher salaries funds may be used to pay salaries for those teachers holding temporary certificates which shall remain valid for the current school year if the local board of education so requests.  Temporary certificates in core content fields specified in the No Child Left Behind federal legislation are excluded, and certificates in those fields may not be extended as part of this proviso.  The State Department of Education shall submit to the General Assembly by March 1 of the current fiscal year a report showing by district the number of temporary certificates by category; including an enumeration of the certificates carried forward from the previous year.  No temporary certificate shall be continued more than twice.
     1.15.      (SDE: Travel/Outside of Continental U.S.)  School District allocations from General Funds and EIA funds shall not be used for travel outside of the continental United States.  The International Baccalaureate Program shall be exempt from this restriction.
     1.16.      (SDE: Year End Closeout)  The State Department of Education is authorized to expend federal and earmarked funds (not including state or EIA funds) in the current fiscal year for expenditures incurred in the prior year; however, state funds appropriated in Part IA, Section 1 XIII, Aid to School Districts, for the Children's Case Resolution System or private placements for services provided to children with disabilities may be used for those expenditures in prior fiscal years.  The department is also authorized to use appropriated funds to pay for textbooks shipped in the fourth quarter of the prior fiscal year.
     1.17.      (SDE: Transportation Collaboration)  The Department of Education School Bus Maintenance Shops shall be permitted, on a cost reimbursable-plus basis, to deliver transportation maintenance and services to vehicles owned or operated by public agencies in South Carolina.
     School buses operated by school districts, other governmental agencies or head start agencies for the purpose of transporting students for school or school related activities shall not be subject to state motor fuel taxes.  Further, that school districts, other governmental agencies or head start agencies may purchase this fuel, on a cost reimbursable-plus basis, from the Department of Education School Bus Maintenance Shops.
     1.18.      (SDE: Assisting, Developing, and Evaluating Professional Teaching--ADEPT)  Funds appropriated in Part IA, Section 1 XIII.A-Aid to School Districts-Aid to Subdivision-APT/ADEPT, may be used for the implementation of the ADEPT system.  Of the funds appropriated, ten percent is to be used to pay colleges and universities for ADEPT services.  The remaining funds will be distributed to school districts, School for the Deaf and the Blind, John de la Howe School, Governor's School for Arts and Humanities and the Department of Juvenile Justice on a per induction contract teacher basis to offset the costs of implementing the ADEPT program.  Governing boards of public institutions of higher education may provide by policy or regulation for a tuition waiver for the tuition for one three-hour course at that institution for those public school teachers who serve as supervisors for full-time students completing education degree requirements.  Of the funds appropriated in the prior fiscal year, unexpended funds may be carried forward to the current fiscal year and expended for the same purposes.
     1.19.      (SDE: Summer Exit Exam Cost)  Funds appropriated in Part IA, Section 1, III may be used to offset the costs of the summer administration of the Exit Examination.  These funds may be expended to cover the costs related to developing, printing, shipping, scoring, and reporting the results of the assessments.  Local school districts may absorb local costs related to administration.
     1.20.      (SDE: Defined Program Personnel Requirements)  Administrative positions requiring State Board of Education teacher or administrator certification, may only be filled by individuals receiving a W-2 (or other form should the Internal Revenue Service change the individual reporting form to another method) from the hiring school district.  Any public school district or special school that hires a corporation, partnership, or any other entity other than an individual to fill such positions will have its EFA and or EIA allocation reduced by the amount paid to that corporation, partnership, or other entity.  Compliance with this requirement will be made part of the single audit process of local public school districts as monitored by the State Department of Education.  Temporary instructional positions for special education, art, music, critical shortage fields as defined by the State Board of Education, as well as temporary positions for grant writing and testing are excluded from this requirement.
     Of the funds provided for teacher salaries, funds may be used to pay salaries for those retired members of the State Retirement System returning to employment covered by the system as certified teachers employed by a school district or special school to teach in the classroom or serve as a guidance counselor in their area of certification in a critical academic need area or geographic need area as defined by the State Board of Education.  However, a school district or special school may not consider a retired member of the system for employment before May 31.  The certification of these retired teachers may be extended for the current school year if the local board of education so requests.  This certification shall be extended no more than twice.  This provision does not apply to any teacher that has been retired for more than five years.  Special schools include the Governor's School for Science and Math, Governor's School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice and Palmetto Unified School District 1.
     Beginning July 1, 2001, any retired certified school teacher or certified employee may be employed in a school or school district which is in a critical geographic need area or has received a 'below average' or 'unsatisfactory' academic performance rating pursuant to the Education Accountability Act without penalty from the South Carolina Retirement System.  The department must notify the State Retirement System of the exemption from the earnings limitation.
     Retired certified administrators may be hired to fill administrative positions requiring State Board of Education administrator certification in a critical needs school or district on an emergency basis for a period not to exceed twelve months and shall be exempt from earnings limitations from the State Retirement System.  Administrators may not be rehired in the same school for concurrent years or for a period of 24 months at the school from the end of the 12 month period of service.  Furthermore, retired administrators may not be hired to fill a position created by their retirement during the school year.  The Department of Education must review and approve, from the documentation provided by the school district, that no qualified, nonretired certified administrator is available for employment in the position and that the member selected for employment meets the requirements of this section.  The department must notify the State Retirement System of the exemption from the earnings limitation.
     1.21.      (SDE: Mathematics and Science Unit of the Office of Curriculum and Standards)  Of the funds appropriated to the Department of Education, $75,000 must be provided to the Charleston Science and Mathematics Center for curriculum development at the South Carolina Aquarium.
     1.22.      (SDE: School Bus Insurance)  The Department of Education shall maintain comprehensive and collision insurance or self-insure state-owned buses.  In no event shall the department charge local school districts for damages to the buses which are commonly covered by insurance.
     1.23.      (SDE: Teacher Data Collection)  Of the funds appropriated for K-12 Technology, the The Department of Education in conjunction with and the Commission on Higher Education shall design a system to collect share data about the teaching profession in South Carolina.  The establishment of a database that is compatible with the database at the Commission on Higher Education and in the school districts should coincide with the state's implementation of SASI.  The data collection system sharing should ensure (1) a systematic collection of report on teacher supply and demand information and (2) in-field and out-of-the-field data to determine classes being taught by public school teachers out of field of their preparation.  The data collection should include but not be limited to:  classes/subjects taught, number of students taught, percentage of teacher education graduates from South Carolina colleges/universities who go into teaching, percentage of teacher education graduates who teach in public schools in South Carolina, percentage of new teachers who leave the South Carolina teaching profession in the first three years of public school teaching due to unsuccessful evaluations, percentage of new teachers who leave the profession in the first three years of public school teaching in South Carolina who have successful evaluations, turnover rate of teachers and certification areas with highest vacancies.  All database items should be set up so that it can be disaggregated by ethnicity, gender, geographic location, etc.
     1.24.      (SDE: Adult Education/Literacy)  The General Assembly must appropriate for adult education an amount equal to $175 per pupil.  The per pupil amount shall be adjusted annually by the same percentage as the inflation factor used to adjust the base student cost of the Education Finance Act.  The number of pupils shall be determined by counting the number of persons sixteen years or older who attended a minimum of twelve hours in an approved adult education program in the prior fiscal year.  Funds may decrease with a decrease in enrollment; however, overall levels of State funding must meet the federal requirement of State maintenance of effort.
     From the funds appropriated for adult education, $150,000 must be used to provide for pilot projects for rural literacy development.  In addition, each county shall receive $50,000 for use by the school districts for adult literacy for service delivery to adult-nonreaders and those reading at or below the eighth grade level.  The North Family Community School shall receive $2,000 of the funds allocated to Orangeburg County for adult literacy.  The school districts may provide this service or may contract to have this service provided.  In multi-district counties, the districts must agree on the method of service delivery for the entire county and select one district to serve as the fiscal agent.
     1.25.      (SDE: Teacher Technology Proficiency)  To ensure the effective and efficient use of the funding provided by the General Assembly in Part IA, Section 1 XI.A.1 for school technology in the classroom and internet access, the State Department of Education shall approve teacher technology competency standards and local school districts must require teachers to demonstrate proficiency in these standards as part of each teacher's Professional Development plan.  Evidence that districts are meeting the requirement is a prerequisite to expenditure of a district's technology funds.
     1.26.      (SDE: School Building Aid Allocation)  Funds appropriated for School Building Aid shall be transferred to a special trust fund established by the Comptroller General.  Funds appropriated shall be distributed to the school districts of the State for use in accordance with Section 59-21-350 of the Code of Laws of 1976.  Funds shall be allocated to eligible school districts on a per pupil basis.  The allocation must be based on the 135 day count of average daily membership for the second preceding fiscal year.
     1.27.      (SDE: School Building Aid Funds Expenditure)  Funds appropriated in Part IA in this Act or in a previous Appropriation Act for school building aid may be expended by the school district without approval from the State Board of Education.  The Department of Education shall require that school districts include in their annual audit a verification of compliance with all applicable State laws associated with the use of these funds.
     1.28.      (SDE: School Building Aid)  Of the funds appropriated in Part IA for School Building Aid, $500,000 shall be allocated on a K-12 per pupil basis to Multi-District Area Vocational Schools.
     1.29.      (SDE: PSAT/PLAN Reimbursement)  Funds appropriated for assessment shall be used to pay for the administration of the PSAT or PLAN test to tenth grade students to include the testing fee and report fee.  SDE is authorized to carry forward into the current fiscal year, prior year state assessment funds for the purpose of paying for state assessment activities not completed by the end of the fiscal year including the scoring of the spring PACT assessment.
     1.30.      (SDE: Basic Skill Exam)  Any person seeking candidacy in a teacher education program is required to take and pass the Basic Skill Examination pursuant to Sections 59-26-20 and 59-26-40, and.  Any person who fails to achieve a passing score on all sections shall be allowed to retake the test or a portion thereof.  All sections of the Basic Skill Examination must be passed before any person is formally admitted into any teacher preparation program in South Carolina.  However, any person having attained 1100 or better on the SAT or a comparable ACT score shall be exempt from this requirement.
     1.31.      (SDE: School Bus Driver CDL)  From funds provided in Part IA, Section 1 VII.C., local school districts shall request a criminal record history from the South Carolina Law Enforcement Division for past conviction of any crime before the initial employment of a school bus driver or school bus aide.  The Department of Education and the school districts shall be treated as a charitable organization for purposes of the fee charged for the criminal records search.
     1.32.      (SDE: Parent and Guardian Responsibility)  To protect the unwarranted expenditure of funds provided in Part IA, Section 1, VII.C., the parents or guardians of a child being transported on a school bus are responsible for the safety and conduct of the child prior to the arrival of the school bus at the child's designated school bus stop for pick up and transport to school, and after the school bus drops off the child and departs the child's designated school bus stop when transporting the children from school.  The state's responsibility includes the arrival or departure of the school bus, which is defined as the time that the school bus assigned to the school bus stop activates the required pedestrian safety devices, stops and loads or unloads students, and until the school bus deactivates all pedestrian safety devices.
     1.33.      (SDE: SAT Preparation)  From the funds appropriated for SAT Preparation, the State Department of Education shall institute a plan reviewing, on an individual basis, weaknesses of students on actual PSAT administrations, and providing assistance.  To accomplish this, the Department shall use reports that analyze student weaknesses and provide guidance to local schools on the effective use of the reports.
     1.34.      (SDE: School Bus Purchase)  Any procurement of school buses with funds appropriated in this act or any other appropriation bill must meet specifications developed by the School Bus Specification Committee as established by the State Superintendent of Education.  The School Bus Specifications Committee shall allow for input from all school bus chassis and body manufacturers.  However, if it is safe, more economical, and in the public interest, the department may use the school bus specifications of Georgia or North Carolina in the procurement of school buses.
     1.35.      (SDE: Buses, Parts, and/or Fuel)  Funds appropriated for school bus purchases or other operating in program VII.C. and D - Bus Shops may be used to purchase buses, fuel, parts, or other school bus related items.  Any funds appropriated or authorized for the purchase of school buses may not be transferred or used for any other purpose.  Funds appropriated or authorized for school bus fuel in this Act or any appropriation act supplemental thereto in excess of what is necessary to operate the bus fleet must be used for the purchase of school buses.
     1.36.      (SDE: Specialists in Unsatisfactory Schools)  Notwithstanding any other provision of law, the State Department of Education may assign teacher specialists, principal specialists, principal leaders, and curriculum specialists to schools designated as unsatisfactory or below average according to the enrollment of the school and as recommended by the review team.  Teacher specialists may be assigned to kindergarten level, if recommended by the review team.  Furthermore, the average number of teacher specialists assigned to schools may not exceed five.  However, schools may decline to accept the teacher specialists assigned and utilize the funding available for these teacher specialists to negotiate directly with qualified teacher specialists currently within the teacher specialist pool in order to obtain additional teacher specialists.  Schools electing to negotiate directly with the teacher specialist may not use state teacher specialist funds to pay above the salary that these teachers would otherwise qualify for as a teacher specialist.  Teacher specialists may be placed across grade levels and across core subject areas when placement meets program criteria based on external review team recommendations, need, number of teachers receiving support, and certification and experience of the specialist.  A teacher specialist may be assigned to support classroom teachers in the areas of special education and limited English proficiency when warranted by the needs of the student population, recommended by an external review team and approved by the State Board of Education.  Retired educators may be hired as teacher specialists, principal specialists, principal leaders, or curriculum specialists and at the request of the educator and approval of the local district superintendent, shall be placed in the district where employed prior to retirement.  Retired educators hired as teacher specialists, principal specialists, principal leaders or curriculum specialists shall be exempt from the earnings limitations of the State Retirement System.  Teacher specialists are limited to three years of service at one school unless the specialist submits application for an extension and that application is accepted by the State Department of Education and placement is made.  Upon acceptance and placement, the specialist can receive the salary and supplement for two additional years, but is no longer attached to the sending district or guaranteed placement in the sending district following tenure in the program as provided in Section 59-18-1530 (F) of the South Carolina Code of Laws.  Teacher specialist funds may be carried forward from the prior fiscal year into the current fiscal year for the Teacher Specialists On-Site Program.  A principal specialist may be continued for a third year if requested by the local school board, recommended by the external review team, and approved by the State Board of Education.  For the third year, only the principal specialist salary supplement will be paid by the State.
     1.37.      (SDE: Mitford Transportation Costs)  Transportation costs for the transporting of students from the Mitford area of Fairfield County to schools in the Great Falls area of Chester County is not the responsibility of and shall not be borne by the Chester County School District.  These transportation costs shall continue to be the responsibility of the State Department of Education.
     1.38.      (SDE: Refurbishing Science Kits)  Funds appropriated for the purchase of textbooks and other instructional materials may be used for reimbursing school districts to offset the costs of refurbishing science kits on the state-adopted textbook inventory.  The refurbishing cost of kits may not exceed the cost of the state-adopted refurbishing kits plus a reasonable amount for shipping and handling.  Costs for staff development, personnel costs, equipment, or other costs associated with refurbishing kits on state inventory are not allowable costs.
     1.39.      (SDE: Status Offenders/John de la Howe)  The funds appropriated for the Status Offender Program shall be distributed to John de la Howe School to expand residential programs to include court ordered status offenders.  Components of such a program shall include collaboration between the home school district and the residential school and treatment or related services to the families of students in placement.
     1.40.      (SDE: 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.
     1.41.      (SDE: Governor's School Leave Policy)  Notwithstanding any other provision of law, the S.C. Governor's School for the Arts and Humanities and the S.C. Governor's School for Science and Mathematics are authorized to promulgate administrative policy governing annual and sick leave relative to faculty and staff with the approval of their respective board of directors.  This policy shall address their respective school calendars in order to comply with the instructional needs of students attending both special schools.
     1.42.      (SDE: Sale of School District Property)  Notwithstanding Section 59-19-250 of the 1976 Code, during the current fiscal year, school trustees of a school district which do not currently have the authority to do so, may sell or lease school property, real or personal, in their school district whenever they deem it expedient to do so and apply the proceeds of the sale or lease to the school fund of the district.
     1.43.      (SDE: School Facilities Management System)  School Districts may use capital improvement bond funds, lapsed funds or any other unexpended appropriated funds or revenues to access the Department of Education's School Facilities Management System database.
     1.44.      (SDE: GSAH Board of Directors)  Notwithstanding any other provision of law, the S.C. Education Oversight Committee shall appoint a committee member to serve ex officio on the governing Board of Directors of the South Carolina Governor's School for the Arts and Humanities.
     1.45.      (SDE: School Board Meetings)  Of the funds appropriated through the Department of Education for technology related expenses, school districts that have a web site shall place a notice of a regularly scheduled school board meeting twenty-four hours in advance of such meeting.  The notice shall include the date, time, and agenda for the board meeting.  The school district shall place the minutes of the board meeting on their web site within ten days of the next regularly scheduled board meeting.
     1.46.      (SDE: Critical Need Alternative Certification/Displaced Employees)  The Department of Education is directed to give priority in the Critical Needs Certification program Program for Alternative Certification for Educators (PACE) to the recruitment of qualified state employees impacted by reduction in force actions of agencies.  The Student Loan Corporation is directed to give priority in the Career-Changer Loan program to qualified state employees.  The Department of Education shall provide information to the Office of Human Resources and the personnel offices of state agencies instituting a reduction in force to advertise and inform employees of this program and state agencies shall work with the department in this effort.
     1.47.      (SDE: Proviso Allocations)  The State Department of Education may reduce by up to 10%, any allocation in Section 1 specifically designated by proviso.  No allocation for teacher salaries shall be reduced as a result of this proviso.
     1.48.      (SDE: School Districts and Special Schools Flexibility)  All school districts and special schools of this State may transfer up to one hundred percent of funds between programs to any instructional program provided the funds are utilized for direct classroom instruction.
     The South Carolina Department of Education must establish a procedure for the review of all transfers authorized by this provision.  The details of such transfers must be provided to members of the General Assembly upon request.  School districts and special schools may carry forward unexpended funds from the prior fiscal year into the current fiscal year to be used for the same purpose.  All transfers executed pursuant to this provision must be completed by May first of the current fiscal year.  All school districts and special schools of this State may expend funds received from the Children's Education Endowment Fund for school facilities and fixed equipment assistance, for any instructional program.  The Education Oversight Committee shall review the utilization of the flexibility provision to determine how it enhances or detracts from the achievement of the goals of the educational accountability system, including the ways in which school districts and the state organize for maximum benefit to classroom instruction, priorities among existing programs and services, and the impact on short, as well as, long-term objectives.  The State Department of Education shall provide the reports on the transfers to the Education Oversight Committee for the comprehensive review.  This review shall be provided to the members of the General Assembly annually.  Any grant or technical assistance funds allocated directly to an individual school may not be reduced or reallocated within the school district and must be expended by the receiving school only according to the guidelines governing the funds.
     1.49.      (SDE: Medical Examination and Security Reimbursement)  From funds authorized in Part IA, Section 1, VII.C. Other Operating Expenses, the Department of Education may reimburse employees for the cost of a medical examination as required in Part 391, Subpart E of the Federal Motor Carrier Safety Regulations, for employees that are required to operate a state vehicle transporting hazardous materials.  Reimbursement may also be provided to employees that are required to undergo a FBI national security background check because of the required Hazmat endorsement to their CDL.
     1.50.      (SDE: Budget Reduction)  In compensating for any reduction in funding, local districts must give priority to preserving classroom teachers and operations.  Funding reductions should first be applied to administrative and non-classroom expenses before classroom expenses are affected.
     1.51.      (SDE: Governor's School for the Arts and Humanities Carry Forward)  Any unexpended balance on June 30 of the prior fiscal year of funds appropriated to or generated by the South Carolina Governor's School for the Arts and Humanities may be carried forward and expended in the current fiscal year for the purpose of purchasing instructional materials not funded under the State Adopted Textbook Program.
     1.52.      (SDE: Governor's Schools' Fees)  Notwithstanding any other provision of law, the South Carolina Governor's School for the Arts and Humanities and the South Carolina Governor's School for Science and Mathematics are authorized to charge, collect, expend, and carry forward student fees as approved by their respective Board of Directors.  The purpose and amount of any such fees will be to maintain program quality in both academics and residential support.  No student will be denied admittance or participation due to financial inability to pay.  The respective Board of Directors shall promulgate administrative policy governing the collection of all student fees.
     1.53.      (SDE: National Board Certification Incentive)  Public school classroom teachers or classroom teachers who work with classroom teachers who are certified by the State Board of Education and who have been certified by the National Board for Professional Teaching Standards shall be paid a $7,500 salary supplement in the year of achieving certification.  Teachers employed at the special schools shall be eligible for this $7,500 salary supplement.  The special schools include the Governor's School for Science and Math, Governor's School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice and Palmetto Unified School District 1.  The $7,500 salary supplement shall be added to the annual pay of the teacher for the length of the national certificate.  However, the $7,500 supplement shall be adjusted on a pro rata basis for the teacher's FTE and paid to the teacher in accordance with the district's payroll procedure.  The Center of for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) shall develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching Standards for certification may receive a loan equal to the amount of the application fee.  One-half of the loan principal amount and interest shall be forgiven when the required portfolio is submitted to the national board.  Teachers attaining certification within three years of receiving the loan will have the full loan principal amount and interest forgiven.  Teachers who previously submitted a portfolio to the National Board for Professional Teaching Standards for certification under previous appropriation acts, shall receive reimbursement of their certification fee as prescribed under the provisions of the previous appropriation act.  Of the funds appropriated in Part IA, Section 1, XIII.A. for National Board Certification, the State Department of Education shall transfer to the Center of for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) the funds necessary for the administration of the loan program.  In addition, teachers who are certified by the National Board for Professional Teaching Standards shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for national board certification.  National board certified teachers moving to this State who hold a valid standard certificate from their sending state are exempted from initial certification requirements and are eligible for a professional teaching certificate and continuing contract status.  Their recertification cycle will be consistent with national board certification.
     Provided, further, that in calculating the compensation for teacher specialists, the State Department of Education shall include state and local compensation as defined in Section 59-18-1530 to include local supplements except local supplements for National Board certification.  Teacher specialists remain eligible for state supplement for National Board certification.
     1.54.      (SDE: National Board Certification Incentive Surplus)  National Board Certification Incentive appropriation excess of all obligations to include the national board certification incentive salary supplement, related fringe, loan principal amount and interest forgiven, and the administration funds necessary for the Center of for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) and the Department of Education shall be distributed to school districts and allocated based on the Education Finance Act Formula.
     1.55.      (SDE: School District Furlough)   If state funds appropriated for a school district in this State are less than state funds appropriated for that school district in the preceding fiscal year, or if the General Assembly or the Budget and Control Board implements a midyear across-the-board budget reduction, school districts may institute employee furlough programs for district-level and school-level professional staff classified as instructional-related personnel by the State Department of Education.  No instructional personnel nor support staff as classified by the State Department of Education may be furloughed.  Before any of these employees may be furloughed, the chairman of the governing body of the school district must certify that all fund flexibility provided by the General Assembly has been utilized by the district and that the furlough is necessary to avoid a year-end deficit and a reduction in force.  The certification must include a detailed report by the superintendent of the specific action taken by the district to avoid a year-end deficit.  The certification and report must be in writing and delivered to the State Superintendent of Education and a copy must be forwarded to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee.
     The local school district board of trustees may implement a furlough of these instructional-related professional staff personnel once certification to the State Superintendent documents all funding flexibility has been exhausted and continued year-end deficits exist.  Local school boards of trustees shall have the authority to authorize furloughs of these employees in the manner in which it sees fit.  However, they may not be furloughed for a period exceeding ten days.  The local school district board of trustees shall provide for furlough days only on non-instructional days.
     During any furlough, affected employees shall be entitled to participate in the same benefits as otherwise available to them except for receiving their salaries.  As to those benefits that require employer and employee contributions, including, but not limited to, contributions to the South Carolina Retirement System or the optional retirement program, the district will be responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions.  Placement of an employee on furlough under this provision does not constitute a grievance or appeal under any employee grievance procedure.  The district may allocate the employee's reduction in pay over the balance of the fiscal year for payroll purposes regardless of the pay period within which the furlough occurs.
     This proviso shall not abrogate the terms of any contract between any school district and its employees.
     1.56.      (SDE: Base Student Cost Funding)  Notwithstanding any other provision of law, the funding for particular items and areas in the Department of Education's base budget that have been reduced or eliminated and provisos that directed funding for specific items that have been deleted, shall be redirected to the Base Student Cost.
     1.57.      (SDE: National Assessment of Education Progress)  The Department of Education shall administer the National Assessment of Education Progress (NAEP) in lieu of the norm referenced test required by S.C. Code Ann. Section 59-18-340 (Supp. 2002) to obtain an indication of student and school performance relative to national performance levels.  The administration of NAEP is also necessary to meet the requirements of the federal No Child Left Behind Act, 20 U.S.C. Section 6301 et seq. (2002).
     1.58.      (SDE: Unallocated Funds for Teacher Specialists)  The Department of Education shall develop procedures and establish a timeline so schools that receive an unsatisfactory rating or a below average rating on the annual report card are given an option to choose technical assistance offered by the department that includes teacher specialists, principal specialists and other personnel assigned under the tiered system or alternative research-based technical assistance.  Criteria for selecting alternative research-based technical assistance are to be approved by the Education Oversight Committee and the Department of Education.  For the current school year, the department may utilize a supplemental alternative technical assistance program in a state of emergency school district.  The funds appropriated for alternative research-based technical assistance must be allocated to below average and unsatisfactory schools based upon the school's enrollment and school type with no school receiving less than $100,000 or more than $300,000 annually.  Furthermore, it is the intent that the alternative research-based technical assistance will be provided for a minimum of three years in order to implement fully systemic reform and to provide opportunity for building local education capacity.  The Education Oversight Committee, in cooperation with the Department of Education and with the schools and school districts participating in the alternative technical assistance programs, will monitor the effectiveness of the alternative technical assistance program.
     1.59.      (SDE: School Lunch/Attendance Supervisors)  For those counties in which an entity other than the school district administers the school lunch supervisor and/or attendance supervisor programs, the school districts in that county shall transfer to the entity the amount available in the previous fiscal year for administration of the school lunch supervisor and/or attendance supervisor programs.  Each district shall transfer a pro-rata share of the total cost based upon the percentage of state EFA funds distributed to the districts within the county.
     1.60.      (SDE: Replacement Facilities)  The Department of Education is directed to proceed with the development of a joint-use school transportation maintenance and operations facility in Greenville County.  Prior to the availability of this new facility the department shall continue to operate state school bus maintenance services from the existing Greenville School Bus Maintenance Facility located on Halton Road.  All proceeds from the sale of the Halton Road Facility and Property shall become pupil transportation operating revenue of the department.  The cost of the State share of the new joint-use facility, the cost of preparing the old Halton Road Facility and Property for disposal, interim relocation/construction financing, all associated relocation expenses, and all other related costs shall be funded from the proceeds received from the sale of the existing Halton Road Facility and Property.  The State Treasurer shall make available all necessary interim financing to accomplish the proviso directives.
     1.61.      (SDE: SCGSAH Certified Teacher Designation)  Because of the unique nature of the South Carolina Governor's School for the Arts and Humanities, the Charleston School of the Arts, and the Greenville County Fine Arts Center, the schools are authorized to employ at its discretion non-certified classroom teachers teaching in the literary, visual and performing arts subject areas who are otherwise considered to be appropriately qualified in a ratio of up to one hundred percent of the entire teacher staff.
     1.62.      (SDE: Educational Items)  In order that resources more closely follow the student, it is the intent to offer spending flexibility to local school districts as has been provided in the prior fiscal year.
     1.63.      (SDE: No Discrimination Requirement)  State funds must not be appropriated to a school that discriminates against or participates with or is a member of an association with policies that discriminate or afford different treatment of students based on race or national origin.
     1.64.      (SDE: Prohibit Implementation of ECERS Program)  The Department of Education is prohibited from utilizing any appropriated or authorized funds to implement the Early Childhood Environment Rating Scores Program.  This prohibition does not apply to the Office of First Steps.
     In addition, school districts are prohibited from using revenue from any source, including state, federal, and local funds, to implement the Early Childhood Environment Rating Scores Program.
     1.65.      (SDE: School District Study Committee)  From funds appropriated to the Department of Education, the department shall coordinate a committee to study the size of school districts in South Carolina and the number of teacher work days and make recommendations on the school district size which will allow for more direct spending on teacher salary and instructional support.  The committee shall consist of five members as follows:  two members appointed by the Governor, one of whom shall serve as chairman, the President Pro Tempore of the Senate or his designee, the Speaker of the House of Representatives or his designee, and the State Superintendent of Education or her designee.  The committee shall report its recommendations to the General Assembly no later than January 15, 2006.
     1.66.      (SDE: National Board Certification Study)  The Department of Education is directed to utilize appropriated funds to conduct a study of the effectiveness of National Board Certification in improving student outcomes.  The results of this study are to be reported to the General Assembly by January 1, 2006.
     1.67.      (SDE: High School Reading Initiative)  The funds appropriated for the High School Reading Initiative are to be used to expand the South Carolina Reading Initiative to the high school level by providing research based targeted assistance in improving and accelerating the reading ability of high school students reading below grade level.
     1.68.      (SDE: Carry Forward Authority)  Funds appropriated to the Department of Education, excluding any direct aid to school districts, subdivisions, and other entities; or agencies and special items, not expended during the prior fiscal year may be carried forward and expended during the current fiscal year for fuel.
     1.69.      (SDE: EFA Hold Harmless)  In the current fiscal year, the Department of Education is directed to allocate from the funds appropriated for the Education Finance Act adequate funding to all school districts to ensure that no district has a net decrease in state funding from the following appropriation categories and revenue codes:  Education Finance Act (3300), Employer Contributions (3180), Teacher Salary Supplement (3550), Teacher Salary Supplement Fringe (3555).
     1.70.      (SDE: Education and Economic Development Act)  Of the funds appropriated/authorized to the Department of Education, six million dollars must be used to fund the Education and Economic Development Act.
     1.71.      (SDE: Medicaid Related Incidental Fees)  Notwithstanding any other provision of law, to the extent required by any Medicaid "free care" rule, incidental fees charged to students for which third party health care reimbursement is sought can be charged to students receiving free or reduced lunch without any reduction based upon school lunch status.
     1.72.      (SDE: Medicaid Cash Match Accounting)  The department is granted authority to transfer funds between budget lines and object codes to identify, reconcile, reimburse, and remit funds required for Medicaid cash match to the Department of Health and Human Services.
     1.73.      (SDE: Student Report Card-GPA)  For each high school student, school districts shall be required to print the student's individual cumulative grade point average for grades nine through twelve on the student's report card.
     1.74.      (SDE: Governor's School Reporting)  The Governor's School for the Arts and Humanities and the Governor's School for Science and Mathematics are required to submit reports as to how the non-recurring funding appropriated in this act is expended.  The report must be submitted to the Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee by the end of the fiscal year.
     1.75.      (SDE: First Steps Early Childhood)  With funds appropriated to the Department of Education for First Steps to School Readiness, the First Steps to School Readiness Board of Trustees, in consultation with the South Carolina Department of Education, shall establish throughout the state early education/pre kindergarten programs that for children zero to four that incorporate family literacy education and focus on the developmental and learning support children must have in order to be ready for school.  At a minimum, full day kindergarten must be made available to all eligible at-risk four year olds.  If additional funds are available, programs may be provided for at-risk zero to three year olds.  The First Steps to School Readiness Board of Trustees may promulgate regulations to implement this program.  In FY 2006-2007, the First Steps early childhood education/prekindergarten programs will be available only to at-risk zero to four-year old children from the eight trial districts in Abbeville County School District et. al. vs. South Carolina (Allendale, Dillon 2, Florence 4, Hampton 2, Jasper, Lee, Marion 7, and Orangeburg 3).  For the purposes of this provision, at-risk is defined as any child whose family income makes them eligible for the free or reduced price lunch program or Medicaid.  Each early education/pre-kindergarten classroom established under this proviso must have a lead teacher certified in early childhood education, and an assistant teacher with preservice or inservice training in early childhood education.  If a certified teacher is not available, the institution may apply for a waiver from this requirement providing that the teacher has a four year degree in an early childhood related field or at least a two-year degree in early childhood education and is willing to complete a teacher education program within three years.  The curriculum for the early childhood program must be a research based preschool curriculum aligned with school success.  The Department of Education, in collaboration with the Office of First Steps to School Readiness, will establish the criteria for the curriculum and for professional training.  To receive and maintain funding for these programs, the institution must meet the established criteria.  The Office of First Steps to School Readiness, with the assistance of the Department of Education and the Department of Social Services, will provide monitoring and oversight.  Transportation from established pick-up points to a program must be provided for all children whose parents request transportation.  First Steps, in consultation with the Department of Education, the Department of Social Services, and the Education Oversight Committee shall establish a phase-in schedule for statewide implementation of the program.  The Education Oversight Committee shall conduct a comparative evaluation of the early education/prekindergarten programs established pursuant to this proviso.  The Department of Education is required to collect and maintain data on public state funded full day and half day four year old kindergarten programs.  The Office of First Steps to School Readiness is required to collect and maintain data on state funded programs provided through private providers.  The Education Oversight Committee shall use this data and all other collected and maintained data necessary to conduct a research based review of the program's implementation assessment of student success in the early grades.
     1.76.      (SDE: Insufficient Support Removal)  If any school district receives less than two percent of their funding from the State Education Finance Act, that district is exempt from all state laws as well as any rules, and regulations promulgated by the department except for minimum health and safety requirements.  The district is required to ensure minimum teacher qualifications and assessment standards are met to comply with the provisions of No Child Left Behind.

SECTION 1A - H63 - DEPARTMENT OF EDUCATION-EIA

     1A.1.      (SDE-EIA: XI-Prohibition on Appropriation Transfers)  The amounts appropriated herein for aid to subdivisions or allocations to school districts shall not be transferred or reduced and must be expended in accordance with the intent of the appropriation.  However, transfers are authorized from allocations to school districts or special line items with projected year-end excess appropriations above requirements, to allocations to school districts or special line items with projected deficits in appropriations.
     1A.2.      (SDE-EIA: XI.A.1-Advanced Placement)  Of the funds appropriated in Part IA, Section 1 XI.A.1. for Advanced Placement, no more than $500,000 must be made available on a flat rate per class basis to schools offering "singleton" Advanced Placement classes with a student/teacher ratio equal to or less than ten to one.  The State Board of Education shall develop guidelines for the distribution of these "singleton" funds.  The remaining AP funds must be distributed to the school districts of the state based upon the 135 day count of AP students served.  AP funds may be used to defray the testing costs of the International Baccalaureate Program which are incurred by school districts at the same per-test reimbursement rate provided for Advanced Placement examinations.  High schools may receive funding for the allowable costs associated with ninth and tenth grade students taking Advanced Placement courses.  Funds provided for Advanced Placement may be carried forward into the current fiscal year to be expended for the same purpose.
     1A.3.      (SDE-EIA: XI.A-Gifted & Talented)  Notwithstanding the provisions for Section 59-29-170, ten percent (10%) of the total state dollars appropriated annually for gifted and talented programs shall be set aside for serving artistically gifted and talented students in grades 3-12.  The State Department of Education shall allocate to districts a proportionate share of the ten percent (10%) based on the preceding year's total average daily membership in grades 3-12.  School districts shall service students identified as artistically gifted and talented in one or more of the following visual and performing arts areas: dance, drama, music and visual arts areas.  Districts may utilize their proportionate share of the ten percent (10%) for the purpose of contracting with other entities to provide services to students identified as artistically gifted and talented if personnel or facilities are not available in the school district for that service.  Of the remaining ninety percent (90%) of state dollars appropriated for gifted and talented programs, not more than $850,000 $950,000 may be used to provide testing and teacher training.  The remaining funds shall be expended in accordance with Section 59-29-170.  Each district receiving funds for the gifted and talented program shall include an accelerated component as a part of its academically gifted and talented program.  EIA-Gifted and Talented funds may be carried forward and expended for the same purpose in the current fiscal year.
     1A.4.      (SDE-EIA: XI.A.1-Gifted & Talented/Jr. Academy of Science)  Of the funds appropriated in Part IA, Section 1 XI.A.1. Gifted & Talented, $100,000 must be provided to the Junior Academy of Science.  The Department of Education must provide a report on the effectiveness of the academy to the State Board of Education and the Education Oversight Committee by October 1 annually in a format agreed upon by the Education Oversight Committee and the Department of Education.
     1A.5.      (SDE-EIA: XI.A.1 Services for Students with Disabilities)  The money appropriated in Part IA, Section 1 XI.A.1. for Services for Students with Disabilities shall be used only for educational services for trainable mentally disabled pupils and profoundly mentally disabled pupils.
     1A.6.      (SDE-EIA: XI.A.1-Junior Scholars)  The State Board of Education, through the Department of Education, must provide a report on the effectiveness of the Junior Scholars programs as appropriated in Part IA, Section 1 XI.A.1. to the Education Oversight Committee by October 1.  Eligibility for the Junior Scholars program is open to any student who meets the requirements of the program, whether the student attends public school or private school; provided however, any private school student is responsible for paying the cost of the qualifying examination and, at the option of the Department of Education, any other costs associated with the program.
     1A.7.      (SDE-EIA: XI.A.4-Academic Assistance/Carry Forward)  Any unexpended balance from the prior fiscal year in the EIA appropriations in Part IA, Section 1 XI.A.4. for Academic Assistance may be carried forward to the current fiscal year by school districts to be expended to operate programs in accordance with their academic assistance long range plans.
     1A.8.      (SDE-EIA: XI.A.4-Academic Assistance/Curriculum Development)  Funds appropriated in Part IA, Section 1 XI.A.4. for Act 135 of 1993 Other Operating must be used by the Department of Education to provide schools and school districts with technical assistance on curriculum development, including implementing the grade-by-grade academic standards, and instructional improvement in keeping with the intent of Act 135 of 1993 (Sections 59-139-05 and 59-139-10 of the SC Code of Laws) as provided in regulations promulgated by the State Board of Education.  Reports on the use of these funds will be provided to the Senate Education Committee and the House Education and Public Works Committee by September 1, of the current fiscal year, reflecting prior fiscal year expenditures.
     1A.9.      (SDE-EIA: XI.A.4-Academic Assistance/Early Child Development)  A portion of the funds appropriated in Part IA, Section 1 XI.A.4. for Academic Assistance 4-12 may be used to support components for the K-3 academic assistance if such change promotes better coordination of state and federal funds provided for programs for these students.  Districts requesting this waiver from the State Board of Education must demonstrate how the use of these funds is in keeping with their long range plan and how the needs of the students in grades 4-12 will be met.
     1A.10.      (SDE-EIA: XI.A.4-Academic Assistance/Formula Funding & Distribution)  Notwithstanding any other provision of law, the total funding in Part IA, Section 1 XI.A.4. for the 4-12 Academic Assistance component of Act 135 of 1993 shall be based on a derived free and reduced lunch eligibility count for grades 4-12 obtained by applying the state percentage of K-3 students eligible for free and reduced lunch to the 4-12 average daily membership; and funding for individual districts shall be based on two equally weighted factors; the district's derived lunch percentage for grades 4-12 and its four year average for the number of 4-12 students "not meeting" standard on the state's testing programs for the years 1990-1993.
     1A.11.      (SDE-EIA: XI.A-Academic Assistance/Reading Recovery)  Of the EIA funds appropriated herein for the Academic Assistance Act 135, $3,200,000 shall be used for the Reading Recovery programs throughout the State.  Of the funds provided for Reading Recovery, up to $50,000 shall be used for piloting alternative teaching methods for reading.  The State Department of Education shall report to the State Board of Education and the Education Oversight Committee on the allocation and expenditure of these funds by October 1 annually in a format agreed upon by the Education Oversight Committee and the Department of Education.
     1A.12.      (SDE-EIA: XI.A.4-Academic Assistance/Remedial Adult Education)  Of funds appropriated in Part IA, Section 1 XI.A.4. for Academic Assistance an amount not to exceed $1,000,000 must be used for either adult education students failing one or more sections of the HSAP Exit Examination or students preparing for the GED examination at a weight of .114 of the base student cost as defined in the Education Finance Act.
     1A.13.      (SDE-EIA: XI.B - Half Day Program for Four-Year-Olds)  Funds appropriated in Part IA, Section 1 XI.B. for half-day programs for four-year-olds shall be distributed based on the prior year number of students in kindergarten eligible for free and reduce price lunch, however, no district shall receive less than 90 percent of the amount it received in the prior fiscal year.
     1A.14.      (SDE-EIA: XI.A.3. African-American History)  Funds provided for the development of the African-American History curricula may be carried forward into the current fiscal year to be expended for the same purpose.
     1A.15.      (SDE-EIA: XI.C.3-Course Reimbursement/Teachers)  Funds appropriated for EIA-Critical Teacher needs must be used for courses which support instructional techniques and strategies in keeping with the professional development plans.  These funds may be used for courses which support the education of students with disabilities or special needs in the regular classroom.  School districts may require and collect a deposit from teachers enrolling in courses that support the areas identified above.  Upon completion of the course any deposit collected shall be returned to the teacher having made the deposit.
     1A.16.      (SDE-EIA: XI.C.3-Critical Teaching Needs/Roper Mountain)  Of the funds appropriated in Part IA, Section 1 XI.C.3. for Critical Teaching Needs, $250,000 shall be disbursed to the Roper Mountain Science Center for summer workshops for public school science teachers.  Funds disbursed to the Roper Mountain Science Center may be carried forward.
     1A.17.      (SDE-EIA: XI.C.2-Teacher Evaluations, XI.E.3- Implementation/Education Oversight)  The Department of Education shall provide a review of the evaluation results for teachers employed under induction, provisional, annual, second year annual, and continuing contracts to be presented by September 30, annually, to the State Board of Education and the Education Oversight Committee.  The Department of Education is directed to oversee the evaluation of teachers at the School for the Deaf and the Blind, the John de la Howe School and the Department of Juvenile Justice under the ADEPT model.
     1A.18.      (SDE-EIA: XI.C.3.-Teacher Salaries/SE Average)  The projected Southeastern average teacher salary shall be the average of the average teachers salaries of the southeastern states as projected by the Division of Budget and Analyses.  For the current school year the Southeastern average teacher salary is projected to be $42,437 $43,691.  It is the intent of the General Assembly to exceed the Southeastern average teacher salary as projected by $300.  The General Assembly remains desirous of raising the average teacher salary in South Carolina through incremental increases over the next few years so as to make such equivalent to the national average teacher salary.
     Funds appropriated in Part IA, Section 1 XI.C.3. for Teacher Salaries must be used to increase salaries of those teachers eligible pursuant to Section 59-20-50 (b), to include classroom teachers, librarians, guidance counselors, psychologists, social workers, occupational and physical therapists, school nurses, orientation/mobility instructors, and audiologists in the school districts of the state.
     1A.19.      (SDE-EIA: XI.C.3-Teacher Salaries/State Agencies)  Each state agency which does not contain a school district but has instructional personnel shall receive an allocation from the line item "Alloc. EIA - TEACHER/OTHER PAY" in Part IA, Section 1 XI.F.3. for teachers salaries based on the following formula:  Each state agency shall receive such funds as are necessary to adjust the pay of all instructional personnel to the appropriate salary provided by the salary schedules of the school district in which the agency is located.  Instructional personnel may include all positions which would be eligible for EIA supplements in a public school district, and may at the discretion of the state agency, be defined to cover curriculum development specialists, educational testing psychologists, psychological and guidance counselors, and principals.  The twelve-month agricultural teachers located at Clemson University are to be included in this allocation of funds for base salary increases.  The South Carolina Governor's School for the Arts and Humanities and the South Carolina Governor's School for Science and Mathematics are authorized to increase the salaries of instructional personnel by an amount equal to the percentage increase given by the School District in which they are both located.
     The funds appropriated herein in the line item "Alloc. EIA-Teacher/Other Pay" must be distributed to the agencies by the Budget and Control Board.
     1A.20.      (SDE-EIA: XI.A.1-Tech Prep)  Of the funds appropriated in Part IA, Section 1, XI.A.1. for the Tech Prep Program, $75,000 shall be used by the State Department of Education, through the Tech Prep Consortia, to provide for professional development in applied techniques and integration of curriculum, and professional development in career guidance for teachers and guidance counselors and training mentors.  In addition, $500,000 shall be allocated for Career Counseling Specialists in the Tech Prep Consortia.  Each Career Specialist shall (1) be housed within a consortium as determined by the local Tech Prep/School to Work Consortium, (2) provide career development activities throughout all schools within the consortium, (3) be under the program supervision of the Office of Career and Technology Education, State Department of Education, and (4) adhere to an accountability and evaluation plan created by the Office of Career and Technology Education, State Department of Education.  The Office of Career and Technology Education, State Department of Education, shall provide a report, in February of the current fiscal year to the Senate Finance Committee and the House Ways and Means Committee on accomplishments of the Career Counseling Specialists.  Of the funds appropriated in the prior fiscal year, unexpended funds may be carried forward to the current fiscal year and expended for the same purposes.
     1A.21.      (SDE-EIA: XI.E.1-Principal Salary Supplements)  Funds appropriated in Part IA, Section 1 XI.E.1. for salary supplements for principals and accompanying employer contributions must be distributed to school districts based on average daily membership (ADM).  Each school district shall distribute the funds as salary supplements in addition to existing compensation equally among principals and assistant principals employed by the district.
     1A.22.      (SDE-EIA: XI.E.3.-Evaluation/EIA Programs)  Of the funds appropriated in Part IA, Section 1 XI.E.3. for EIA Implementation, Other Operating Expenses, $349,124 may only be used by the State Department of Education to support its contracted program evaluations and the conduct of the State Board of Education's annual assessment of EIA-funded education reforms and the related report, pursuant to Section 59-6-12.  Of the remaining funds appropriated in Part IA, Section 1 XI.E.3. for EIA Implementation, Other Operating Expenses shall be used to support the continuation of program and policy evaluations and studies and to support the state's participation in the Middle Grades Project, at no less than $100,000.  Provided further, for the current fiscal year, $100,000 shall be provided to the South Carolina Educational Policy Center for collaborative projects with the Department of Education and the Education Oversight Committee to provide research based information and consultation services on technical issues related to establishing a more thorough accountability system for public schools, school districts, and the K-12 education system.
     1A.23.      (SDE-EIA: XI.F.3-CHE/Teacher Recruitment)  Of the funds appropriated in Part IA, Section 1 X1.F.3. for the Teacher Recruitment Program, the S.C. Commission on Higher Education shall distribute a total of $5,404,014 to the Center of for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) for a state teacher recruitment program, of which $4,200,000 must be used for the Teaching Fellows Program and of which $166,302 must be used for specific programs to recruit minority teachers, and shall distribute $467,000 to S.C. State University to be used only for the operation of a minority teacher recruitment program and therefore shall not be used for the operation of their established general education programs.  Working with districts with an absolute rating of Unsatisfactory or Below Average, CERRA will provide shared initiatives to recruit and retain teachers to schools in these districts.  CERRA will report annually by October 1 to the Education Oversight Committee and the Department of Education on the success of the recruitment and retention efforts in these schools.  The S.C. Commission on Higher Education shall ensure that all funds are used to promote teacher recruitment on a statewide basis, shall ensure the continued coordination of efforts among the three teacher recruitment projects, shall review the use of funds and shall have prior program and budget approval.  The S.C. State University program, in consultation with the Commission on Higher Education, shall extend beyond the geographic area it currently serves.  Annually, the Commission on Higher Education shall evaluate the effectiveness of each of the teacher recruitment projects and shall report its findings and its program and budget recommendations to the House and Senate Education Committees, the State Board of Education and the Education Oversight Committee by October 1 annually, in a format agreed upon by the Education Oversight Committee and the Department of Education.
     1A.24.      (SDE-EIA: XI.F.3-Disbursements/Other Entities)  Notwithstanding the provisions of Sections 2-7-66 and 11-3-50, S.C. Code of Laws, it is the intent of the General Assembly that funds appropriated in Part IA, Section 1 XI.F.3. Other State Agencies and Entities shall be disbursed on a quarterly basis by the Department of Revenue directly to the state agencies and entities referenced except for the Teacher Loan Program, Centers of Excellence, the Education Oversight Committee and School Technology, which shall receive their full appropriation at the start of the fiscal year from available revenue.  The Comptroller General's Office is authorized to make necessary appropriation reductions in Part IA, Section 1 XI.F.3. to prevent duplicate appropriations.  If the Education Improvement Act appropriations in the agency and entity respective sections of the General Appropriations Act at the start of the fiscal year do not agree with the appropriations in Part IA, Section 1 XI.F.3. Other State Agencies and Entities, the "other funds" appropriations in the respective agency and entity sections of the General Appropriations Act will be adjusted by the Comptroller General's Office to conform to the appropriations in Part IA, Section 1 XI.F.3. Other State Agencies and Entities.
     1A.25.      (SDE-EIA: XI.A.1-Arts in Education)  Funds appropriated in Part IA, Section 1 XI.A.1. Arts Curricula shall be used to support arts education curriculum in the visual and performing arts which incorporates strengths from the Arts in Education pilot sites.  These funds shall be distributed under a competitive grants program; however, up to 33% of the total amount of the grant fund shall be made available as "Aid to Other Agencies" to facilitate the funding of professional development arts institutes that have been approved by the State Department of Education for S.C. arts teachers and appropriate classroom teachers.  Arts Curricular Grants funds may be retained and carried forward into the current fiscal year to be expended in accordance with the proposed award.
     1A.26.      (SDE-EIA: XI.B-Parenting/Family Literacy)  Funds appropriated in Part IA, Section 1 X1.B. for the Parenting/Family Literacy Programs and allocated to the school districts for parenting projects in the prior fiscal year may be retained and expended by the school districts for the same purpose during the current fiscal year.  These funds must be allocated only to school districts that provide comprehensive family literacy programs which address intergenerational cycles of poverty through adult education, early childhood education and parenting programs.  Furthermore, any school district that does not provide the evaluation information necessary to determine effective use as required by Section 59-139-10 (A) (1) and by regulation is not eligible to receive additional funding until the requested data is provided.  The minimum amount allocated to a district shall be $35,000.  Of the funds appropriated in Part IA, Section 1 XI.B. for the Parenting/Family Literacy $125,000 $200,000 must be used for the Accelerated Schools Project at the College of Charleston and $100,000 is to be used for the South Carolina Urban Leagues state-wide parental involvement programs.
     1A.27.      (SDE-EIA: XI.B.-Parenting/Family Literacy/Communities- In-Schools)  Notwithstanding any other provision of law, the State Department of Education shall transfer $200,000 from the funds appropriated in Part IA, Section 1 X1.B. Parenting/Family Literacy to Communities-In-Schools.  These funds are to be utilized to provide technical assistance to local communities in establishing Communities-In-Schools programs statewide.  Communities-In-Schools will provide annual reports to the State Department of Education which will include: budget expenditure data, a listing of the communities served and the services provided.
     1A.28.      (SDE-EIA: XI.C.3-National Board Certification Incentive) Public school classroom teachers or classroom teachers who work with classroom teachers who are certified by the State Board of Education and who have been certified by the National Board for Professional Teaching Standards shall be paid a $7,500 salary supplement in the year of achieving certification.  Teachers employed at the special schools shall be eligible for this $7,500 salary supplement.  The special schools include the Governor's School for Science and Math, Governor's School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice and Palmetto Unified School District 1.  The $7,500 salary supplement shall be added to the annual pay of the teacher for the length of the national certificate.  However, the $7,500 supplement shall be adjusted on a pro rata basis for the teacher's FTE and paid to the teacher in accordance with the district's payroll procedure.  The Center of for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) shall develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching Standards for certification may receive a loan equal to the amount of the application fee.  One-half of the loan principal amount and interest shall be forgiven when the required portfolio is submitted to the national board.  Teachers attaining certification within three years of receiving the loan will have the full loan principal amount and interest forgiven.  Teachers who previously submitted a portfolio to the National Board for Professional Teaching Standards for certification under previous appropriation acts, shall receive reimbursement of their certification fee as prescribed under the provisions of the previous appropriation act.  Of the funds appropriated in Part IA, Section 1, XIII.A. for National Board Certification, the State Department of Education shall transfer to the Center of for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) the funds necessary for the administration of the loan program.  In addition, teachers who are certified by the National Board for Professional Teaching Standards shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for national board certification.  National board certified teachers moving to this State who hold a valid standard certificate from their sending state are exempted from initial certification requirements and are eligible for a professional teaching certificate and continuing contract status.  Their recertification cycle will be consistent with national board certification.
     Provided, further, that in calculating the compensation for teacher specialists, the State Department of Education shall include state and local compensation as defined in Section 59-18-1530 to include local supplements except local supplements for National Board certification.  Teacher specialists remain eligible for state supplement for National Board certification.
     1A.29.      (SDE-EIA: XI.C.4-CSO Mathematics and Science Unit)  The funds appropriated in Part IA, Section 1 XI.C.4. shall be used for Mathematics and Science Centers which support improvements in mathematics and science through resources and professional development in instructional techniques and strategies, use of technology in the classroom, leadership, content in subject areas and assessment.  These efforts will be coordinated with programs such as Tech Prep Consortia using applied learning techniques which will improve classroom instruction in mathematics and science.
     1A.30.      (SDE: XI-Defined Program Personnel Requirements)  Administrative positions requiring State Board of Education teacher or administrator certification, may only be filled by individuals receiving a W-2 (or other form should the Internal Revenue Service change the individual reporting form to another method) from the hiring school district.  Any public school district or special school that hires a corporation, partnership, or any other entity other than an individual to fill such positions will have its EFA and or EIA allocation reduced by the amount paid to that corporation, partnership, or other entity.  Compliance with this requirement will be made part of the single audit process of local public school districts as monitored by the State Department of Education.  Temporary instructional positions for special education, art, music, critical shortage fields as defined by the State Board of Education, as well as temporary positions for grant writing and testing are excluded from this requirement.
     Of the funds provided for teacher salaries, funds may be used to pay salaries for those retired members of the State Retirement System returning to employment covered by the system as certified teachers employed by a school district or special school to teach in the classroom or serve as a guidance counselor in their area of certification in a critical academic need area or geographic need area as defined by the State Board of Education.  However, a school district or special school may not consider a retired member of the system for employment before May 31.  The certification of these retired teachers may be extended for the current school year if the local board of education so requests.  This certification shall be extended no more than twice.  This provision does not apply to any teacher that has been retired for more than five years.  Special schools include the Governor's School for Science and Math, Governor's School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice and Palmetto Unified School District 1.
     Beginning July 1, 2001, any retired certified school teacher or certified employee may be employed in a school or school district which is in a critical geographic need area or has received a "below average" or "unsatisfactory" academic performance rating pursuant to the Education Accountability Act without penalty from the South Carolina Retirement System.  The department must notify the State Retirement System of the exemption from the earnings limitation.
     Retired certified administrators may be hired to fill administrative positions requiring State Board of Education administrator certification in a critical needs school or district on an emergency basis for a period not to exceed twelve months and shall be exempt from earnings limitations from the State Retirement System.  Administrators may not be rehired in the same school for concurrent years or for a period of 24 months at the school from the end of the 12 month period of service.  Furthermore, retired administrators may not be hired to fill a position created by their retirement during the school year.  The Department of Education must review and approve, from the documentation provided by the school district, that no qualified, nonretired certified administrator is available for employment in the position and that the member selected for employment meets the requirements of this section.  The department must notify the State Retirement System of the exemption from the earnings limitation.
     1A.31.      (SDE-EIA: XI.A.1-Autism Parent-School Partnership Program)  From funds appropriated for Services For Students with Disabilities, $250,000 shall be provided to the South Carolina Autism Society for the Parent-School Partnership Program.
     1A.32.      (SDE-EIA: XI.C.4-Professional Development on Standards)  These funds shall be used for professional development for certificated instructional and instructional leadership personnel in grades kindergarten through 12 in the academic areas for which SBE standards documents have been approved to better link instruction and lesson plans to the standards and to any state-adopted readiness assessment tests, develop classroom assessments consistent with the standards and PACT-style testing, and analyze PACT results for needed modifications in instructional strategies.  Funds may also be expended for certificated instructional and instructional leadership personnel in grades six through twelve to achieve competency in teaching reading to students who score below proficient on the reading assessment of PACT.  Provided further, that $250,000 of the funds allocated to professional development must be provided to the Department of Education to implement successfully the South Carolina Readiness Assessment by creating a validation process for teachers to ensure reliable administration of the assessment, providing professional development on effective utilization and establishing the relationship between the readiness measure and third grade standards-based assessments.  Multi-day work sessions shall be provided around the state during the summer and during the fall and winter using staff development days, teacher workdays, two of the remaining professional development days shall be set aside specifically for the preparation and opening of schools.  District instructional leaders, regional service centers, consortia, department personnel, university faculty, contracted providers, and the resources of ETV may be used as appropriate to implement this intensive professional development initiative.  Teachers participating in this professional development shall receive credit toward recertification according to State Board of Education guidelines.  Funds provided for professional development on standards may be carried forward into the current fiscal year to be expended for the same purpose.  No less than twenty-five percent of the funds allocated for professional development should be expended on the teaching of reading which includes teaching reading across content areas in grades three through eight.
     1A.33.      (SDE-EIA: XI.C.3-Teacher Supplies)  From the funds appropriated, all certified public school, certified special school classroom teachers, certified media specialists, and certified guidance counselors who are employed by a school district or a charter school as of November 30 of the current fiscal year, shall receive reimbursement of two hundred fifty dollars each school year to offset expenses incurred by them for teaching supplies and materials.  Funds shall be disbursed by the department to School districts by July 15 based on the last reconciled Professional Certified Staff (PCS) listing from the previous year.  Any deviation in the PCS and actual teacher count will be reconciled by December 31 or as soon as practicable thereafter.  School districts shall disburse these funds in a manner separate and distinct from their payroll check on the first day teachers, by contract, are required to be in attendance at school for the current contract year.  This reimbursement shall not be considered by the state as taxable income.  Special schools include the Governor's School for Science and Math, the Governor's School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice, and Palmetto Unified School District.  Funds distributed to school districts or allocated to schools must not supplant existing supply money paid to teachers from other sources.  If a school district requires receipts for tax purposes the receipts may not be required before December 31.  Districts that do not wish to require receipts may have teachers retain the receipts and certify for the district they have received the $250 for purchase of teaching supplies and/or materials and that they have purchased or will purchase supplies and/or materials during the fiscal year for the amount of  $250.  Districts shall not have an audit exception related to non-retention of receipts in any instances where a similar instrument is utilized.  Any district requiring receipts must notify any teacher from whom receipts have not been submitted between November 25 and December 6 that receipts must be submitted to the district.  Districts may not add any additional requirement not listed herein related to this reimbursement.  The department must withhold local school innovation funds from any district while in non-compliance with this provision.  Any funds not disbursed to teachers may not be retained by the districts and must be returned to the department.
     1A.34.      (SDE-EIA: XI.E.1-Principal Executive/Leadership Institute Carry Forward)  Prior fiscal year funds appropriated in Part IA, Section XI.E.1. for the Principal Executive/Leadership Institute may be carried forward into the current fiscal year and expended for the same purpose.  The Institute and all principal evaluation and induction programs must include training for the key role that principals have in supervising the teaching of reading and instilling the importance of literacy in public schools.
     1A.35.      (SDE-EIA: XI.C.3-Teacher of the Year Awards)  Of the funds provided herein for Teacher of the Year Awards, each district Teacher of the Year shall receive an award of $1,000.  In addition, the State Teacher of the Year shall receive an award of $25,000, and each of the four Honor Roll Teachers of the Year will receive an award of $10,000.  To be eligible, districts must participate in the State Teacher of the Year Program sponsored by the State Department of Education.
     1A.36.      (SDE-EIA: XI-State of Emergency District)  Notwithstanding any other provision of law, funds may be used for retired educators serving as teacher specialists, principal specialists, principal leaders, or curriculum specialists on site in districts in which a state of emergency is declared.  These educators will not be subject to the earnings limitations which restrict the amount of compensation that may be earned from covered employment while drawing benefits under the State Retirement Systems  and they may be hired as a principal specialist in a state of emergency district for up to four years.
     1A.37.      (SDE-EIA: Specialists in Unsatisfactory Schools)  Notwithstanding any other provision of law, the State Department of Education may assign teacher specialists, principal specialists, principal leaders, and curriculum specialists to schools designated as unsatisfactory or below average according to the enrollment of the school and as recommended by the review team.  Teacher specialists may be assigned to kindergarten level, if recommended by the review team.  Furthermore, the average number of teacher specialists assigned to schools may not exceed five.  Teacher specialists may be placed across grade levels and across core subject areas when placement meets program criteria based on external review team recommendations, need, number of teachers receiving support, and certification and experience of the specialist.  A teacher specialist may be assigned to support classroom teachers in the areas of special education and limited English proficiency when warranted by the needs of the student population, recommended by an external review team and approved by the State Board of Education.  Retired educators may be hired as teacher specialists, principal specialists, principal leaders, or curriculum specialists and shall be exempt from the earnings limitations of the State Retirement System.  Teacher specialists are limited to three years of service at one school unless the specialist submits application for an extension and that application is accepted by the State Department of Education and placement is made.  Upon acceptance and placement, the specialist can receive the salary and supplement for two additional years, but is no longer attached to the sending district or guaranteed placement in the sending district following tenure in the program as provided in Section 59-18-1530 (F) of the South Carolina Code of Laws.  Teacher specialist funds may be carried forward from the prior fiscal year into the current fiscal year for the Teacher Specialists On-Site Program.  A principal specialist may be continued for a third year if requested by the local school board, recommended by the external review team, and approved by the State Board of Education.  For the third year, only the principal specialist salary supplement will be paid by the State.
     1A.38.      (SDE-EIA: XI-Accreditation System)  The State Board of Education and Department of Education, in developing the criteria for the new accreditation system mandated by Section 59-18-710, shall consider including as an area the functioning of school improvement councils and other school decision-making groups and their participation in the school planning process in accordance with state requirements.
     1A.39.      (SDE-EIA: XI.A.3-Institute of Reading)  The funds appropriated for the Institute of Reading must be used to implement a comprehensive approach to improving the reading abilities of students in the middle grades and accelerating the learning of middle grade students reading below grade level with strategies based on best practice and providing targeted assistance shown by research to help these students to read at grade level.  Funds may also be used in the same manner for high school grades.
     1A.40.      (SDE-EIA: EOC)  The Education Oversight Committee may collect, retain and expend revenue from conference registration and fees; charges for materials supplied to local school districts or other entities not otherwise mandated to be provided by state law; and from other activities or functions sponsored by the committee including public awareness campaign activities.  Any unexpended revenue from these sources may be carried forward into the current fiscal year and expended for the same purposes.  The Education Oversight Committee is permitted to utilize the funds appropriated to it to fund programs promoting the teaching of economic education in South Carolina.
     1A.41.      (SDE-EIA: Professional Development)  With the funds appropriated for professional development, the Department of Education must disseminate the South Carolina Professional Development Standards, establish a professional development accountability system, and provide training to school leadership on the professional development standards, also training must be provided to educators on assessing student mastery of the content standards.  The State Department of Education shall revise professional development activities and programs, including professional development on the standards, the SC Reading Initiative, and programs for administrators, to include emphasis on strategies and services for students at risk of retention.  The State Department of Education shall provide information on the activities and programs and measures to gauge their effectiveness to the State Board of Education and the Education Oversight Committee by January 1.
     1A.42.      (SDE-EIA: Principal Specialists)  For each principal specialist funded and designated to a school district, the school district may designate an apprentice to work with the specialist.
     1A.43.      (SDE-EIA: Report Card Printing)  The State Department of Education is prohibited from printing the Annual School and District Report Card in any other color other than black and white.  School districts must advertise the results of their schools' report cards in an audited newspaper of general circulation in their geographic area within 45 days.  If the audited newspaper has previously published the entire report card results as a news item, this requirement is waived for the school and district.  Notwithstanding Section 59-18-930, the requirement to mail school and district report cards is suspended and report cards may be sent home with the students.  The parent survey required by Section 59-28-190 may be sent home with the students and the department must use the results of the parent survey to report parent perceptions on the school report cards.
     1A.44.      (SDE-EIA: Technical Assistance)  Notwithstanding any other provision of law, and in order to best meet the needs of low-performing schools, the funding provided in Section 1 XI.A.4 Special Items may be reallocated among the programs specified in this section funds appropriated for homework centers, teacher specialists, principal specialists, retraining grants, technical assistance to below average schools, and principal leaders must be allocated accordingly.  The Department of Education shall establish criteria for reviewing and assisting schools that will be rated unsatisfactory using a tiered system with the lowest-performing schools receiving highest priority.  Not to exceed the statewide total number of specialists stipulated by the Education Accountability Act, the highest priority schools assistance shall include a year-long technical assistance team that may include a lead principal and/or curriculum specialist.  All specialists shall have a demonstrated record of success in their field and shall be entitled to the incentives and benefits of the teacher specialist.  Technical assistance for below average schools shall be provided to the extent possible, in order of need.  The Department of Education shall provide information on the technical assistance strategies and their impact to the State Board of Education, the Education Oversight Committee, the Senate Education Committee, the Senate Finance Committee, the House of Representatives Education and Public Works Committee, and the House of Representatives Ways and Means Committee annually.  Schools receiving an absolute rating of below average must submit to the Department of Education a school renewal plan that includes actions consistent with each of the alternative researched-based technical assistance criteria as approved by the Education Oversight Committee and the Department of Education.  Upon approval of the plans by the Department of Education and the State Board of Education, the school will receive an allocation of not less than $75,000, taking into consideration the enrollment of the schools.  The funds must be expended on strategies and activities as expressly outlined in the school renewal plan which may include, but are not limited to, professional development, the Teacher Advancement Program (TAP), homework centers, diagnostic testing, supplement health and social services, or comprehensive school reform efforts.  The schools will work with the Department of Education to broker the services of technical assistance personnel as needed and as stipulated in the school renewal plan.  Funds not expended in the current fiscal year may be carried forward and expended for the same purpose in the next fiscal year.
     Schools receiving an absolute rating of unsatisfactory will be provided an external review team evaluation.  Based upon the external review team evaluation, the schools must submit to the Department of Education a school renewal plan that includes actions consistent with the alternative research-based technical assistance criteria as approved by the Education Oversight Committee and the Department of Education.  Upon approval of the plan by the Department of Education and the State Board of Education, the schools will receive an allocation of not less than $250,000, taking into consideration the enrollment of the schools and the recommendations of the external review team.  The funds must be expended on strategies and activities as expressly outlined in the school renewal plan which may include, but are not limited to, professional development, the Teacher Advancement Program (TAP), homework centers, diagnostic testing, supplement health and social services, or comprehensive school reform efforts.  The schools will work with the Department of Education to broker the services of technical assistance personnel as needed and as stipulated in the school renewal plan.  Funds not expended in the current fiscal year may be carried forward and expended for the same purpose in the next fiscal year.
     With the funds appropriated to the Department of Education for technical assistance services, the department will assist schools with an absolute rating of unsatisfactory or below average in designing and implementing school renewal plans and in brokering for technical assistance personnel as needed and as stipulated in the school renewal plan.  In addition, the department must monitor the expenditure of funds and the academic achievement in schools receiving these funds and report to the General Assembly and the Education Oversight Committee by January 1 of 2007 and then by January 1 of each fiscal year following as the General Assembly may direct.
     The Department of Education shall pilot a structured academic mentoring program for students scoring below average on PACT in up to thirty schools including ten unsatisfactory schools, ten below average schools and ten average schools.  Data shall be compiled and a report given to the State Board of Education and the Education Oversight Committee by January 12 annually.
     1A.45.      (SDE-EIA: Proviso Allocations)  The State Department of Education may reduce by up to 10%, any allocation in Section 1A specifically designated by proviso in the event an official EIA revenue shortfall is declared by the BEA.  No allocation for teacher salaries shall be reduced as a result of this proviso.
     1A.46.      (SDE-EIA: School Districts and Special Schools Flexibility)  All school districts and special schools of this State may transfer up to one hundred percent of funds between programs to any instructional program provided the funds are utilized for direct classroom instruction.
     The South Carolina Department of Education must establish a procedure for the review of all transfers authorized by this provision.  The details of such transfers must be provided to members of the General Assembly upon request.  School districts and special schools may carry forward unexpended funds from the prior fiscal year into the current fiscal year to be used for the same purpose.  All transfers executed pursuant to this provision must be completed by May first of the current fiscal year.  All school districts and special schools of this State may expend funds received from the Children's Education Endowment Fund for school facilities and fixed equipment assistance, for any instructional program.  The Education Oversight Committee shall review the utilization of the flexibility provision to determine how it enhances or detracts from the achievement of the goals of the educational accountability system, including the ways in which school districts and the state organize for maximum benefit to classroom instruction, priorities among existing programs and services, and the impact on short, as well as, long-term objectives.  The State Department of Education shall provide the reports on the transfers to the Education Oversight Committee for the comprehensive review.  This review shall be provided to the members of the General Assembly annually.  Any grant or technical assistance funds allocated directly to an individual school may not be reduced or reallocated within the school district and must be expended by the receiving school only according to the guidelines governing the funds.
     1A.47.      (SDE-EIA: XI.A.4-Retraining Grants)  Funds appropriated for retraining grants in the prior fiscal year may be retained and expended during the current fiscal year by the schools that were awarded the grants during the prior fiscal year for the same purpose.  Funds appropriated for Retraining Grants may be used for training for superintendents and school board members.  Beginning with the 2004 annual school report card, a school initially designated as unsatisfactory or below average on the current year's report card must receive by January 1, $10,000 from the funds appropriated for Retraining Grants and must expend the funds for planning purposes in accordance with Section 59-18-1560.  The school is then eligible to receive additional retraining grant allocations in the following three school years in accordance with Section 59-18-1560 provided that the school meets the guidelines developed by the Department.  A school designated as unsatisfactory or below average for consecutive years may combine the additional retraining grants allocations and homework center allocations for professional development or for extended school day in accordance with the school's improvement plan.  Furthermore, any school that does not provide the evaluation information necessary to determine effective use as required by Section 59-18-1560 is not eligible to receive additional funding until the requested data is provided as outlined in the program guidelines.
     1A.48.      (SDE-EIA: XI.F.3-School Improvement Council Assistance)  The School Improvement Council Assistance will coordinate with the department to target schools and school districts designated as unsatisfactory.  The department shall coordinate with and monitor the services provided to the schools and districts by the School Improvement Council Assistance.
     1A.49.      (SDE-EIA: Critical Geographic Area)  Notwithstanding the provision of Section 59-26-20 (j) for those students seeking loan cancellation under the Teacher Loan Program after July 1, 2004, "critical geographic area" shall be defined as schools that have an absolute rating of below average or unsatisfactory, schools where the average teacher turnover rate for the past three years is 20 percent or higher, or schools that meet the poverty index criteria at the 70 percent level or higher.  The list shall also include special schools, alternative schools, and correctional centers as identified by the State Board of Education.  After July 1, 2005, students shall have their loan canceled based on those schools or districts designated as a critical geographic area at the time of employment.  The definition of critical geographic area shall not change for those students who are in the process of having a loan canceled, on or before June 30, 2005.  Beginning in Fiscal Year 2005-06 the maximum loan amount will be increased to an amount not to exceed $20,000.  Beginning July 1, 2005, freshmen may continue to apply for the Teacher Loan Program, but only freshmen who have participated in the Teacher Cadet Program are eligible to receive a loan.
     1A.50.      (SDE-EIA: Unallocated Funds for Teacher Specialists)  The Department of Education shall develop procedures and establish a timeline so schools that receive an unsatisfactory rating or a below average rating on the annual report card are given an option to choose technical assistance offered by the department that includes teacher specialists, principal specialists and other personnel assigned under the tiered system or alternative research-based technical assistance.  Criteria for selecting alternative research-based technical assistance are to be approved by the Education Oversight Committee and the Department of Education.  For the current school year, the department may utilize a supplemental alternative technical assistance program in a state of emergency school district.  The funds appropriated for alternative research-based technical assistance must be allocated to below average and unsatisfactory schools based upon the school's enrollment and school type with no school receiving less than $100,000 or more than $300,000 annually.  Furthermore, it is the intent that the alternative research-based technical assistance will be provided for a minimum of three years in order to implement fully systemic reform and to provide opportunity for building local education capacity.  The Education Oversight Committee, in cooperation with the Department of Education and with the schools and school districts participating in the alternative technical assistance programs, will monitor the effectiveness of the alternative technical assistance program.
     1A.51.      (SDE-EIA: Teacher Salary Supplement)  The department is directed to carry forward prior year unobligated teacher salary supplement and related employer contribution funds into the current fiscal year to be used for the same purpose.
     1A.52.      (SDE-EIA: 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 and on the number of students entering ninth grade who score below proficient in reading.  Individual student scores on the 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 PACT shall not be the sole criterion for requiring students to attend summer school.  School districts may consider other factors such as student performance, teacher judgment, and social, emotional, and physical development 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 scores.  The State Department of Education working with the Education Oversight Committee must develop a method to supplement the PACT with diagnostic training and materials aligned to the content standards.  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.  The State Department of Education is directed to utilize PACT-like tests aligned with standards to be administered to students on academic probation required to attend summer school.  The test shall be a determinate in judging whether the student has the skills to succeed at the next grade level.  The State Board of Education shall establish regulations to define the extenuating circumstances including death of an immediate family member or severe long-term student illness, under which the requirements of 59-18-900(D) may be waived.  Furthermore, of the funds appropriated for summer school, up to $250,000 will be allocated to the Education Oversight Committee for an evaluation of the impact of summer school and other remediation programs on student achievement.  The Fiscal Year 2004-05 estimated Education Improvement Act surplus of $25,232,021 shall be used to fund Summer Schools.  Furthermore, the Department of Education, working with and through the SC Afterschool Alliance, will provide $250,000 to produce a model of voluntary quality standards for out-of-school time programs, develop a directory of technical assistance, and identify gaps of service.
     1A.53.      (SDE-EIA: Alternative School Waiver Requirement)  Notwithstanding any other provision of law, alternative schools may receive funding if they meet the standards to qualify for a waiver from the Department of Education established in Section 59-63-1310 for site requirements for the current fiscal year.
     1A.54.      (SDE-EIA: Class Size Reduction-Grade One)  School districts which choose to reduce class size to fifteen-to-one in grades one through three shall be eligible for funding for the reduced pupil-teacher ratios from funds provided by the General Assembly for this purpose.
     1A.55.      (SDE-EIA: National About Face Pilot Program)  Of the funds appropriated to the Department of Education for homework centers, $485,000 shall be used for the National About Face Pilot Program.
     1A.56.      (SDE-EIA: High Schools That Work Programs)  The Department of Education must report annually by December 1st, to the Governor, the Chairman of the Senate Finance Committee, Chairman of the House Ways and Means Committee, the Chairman of the Senate Education Committee, and the Chairman of the House Education and Public Works Committee on the High Schools that Work Programs' progress and effectiveness in providing a better prepared workforce and student success in post-secondary education.
     1A.57.      (SDE-EIA: Unallocated EIA Cash Balance)  The department is directed to utilize the FY 2003-04 unallocated EIA cash balance of $13,683,967 during FY 2005-06 to administer the K-12 technology initiatives and to collaborate with the Budget and Control Board's Office of Information Resources and the Educational Television Commission in the utilization of these funds.
     1A.58.      (SDE-EIA: PSAT/PLAN Reimbursement)  Funds appropriated for assessment shall be used to pay for the administration of the PSAT or PLAN test to tenth grade students to include the testing fee and report fee.  The department is authorized to carry forward into the current fiscal year, prior year state assessment funds for the purpose of paying for state assessment activities not completed by the end of the fiscal year including the scoring of the spring PACT assessment.
     1A.59.      (SDE-EIA: EAA Report Card Criteria)  The Education Oversight Committee may base ratings for school districts and high schools on criteria that include graduation from high school with a state high school diploma and ratings may be based on criteria aligned with workforce needs including, but not limited to, exit examination performance and other criteria identified by technical experts and appropriate groups of educators and workforce advocates.  For other schools without standard-based assessments the ratings may be based upon criteria identified by technical experts and appropriate groups of educators.  All ratings criteria must be approved by the Education Oversight Committee.
     1A.60.      (SDE-EIA: Assessment of Students with Disabilities)  Students who are classified as a student with a disability under IDEA guidelines, who have a current IEP, and who do not meet the criteria for the state's alternate assessment, may be administered a PACT assessment consistent with the student's IEP instructional level in each content area.  After the initial administration of the High School Assessment Program to a student with disabilities, if all of the following conditions are met, the IEP team will determine on an annual basis the student's participation in the HSAP: a) The student failed to pass any part of HSAP during the initial administration, b) the student has not earned any Carnegie units in the core curriculum (English language arts, mathematics, science, and social studies), and c) the student is not enrolled in a course in the core curriculum required for high school graduation.
     1A.61.      (SDE-EIA: Excellence in Middle School Initiative)  Funds appropriated for the Excellence in Middle Schools Initiative shall be used to continue to fund the number of guidance counselors, school safety officers and/or school nurses in middle/junior high schools.  The funding allocation shall be based proportionately on the number of middle/junior high schools in each district.
     1A.62.      (SDE-EIA: After School Program/Homework Centers Allocation)  The Department of Education is authorized to allocate after school program/homework center funds first, by establishing an equitable base amount for unsatisfactory schools; second, by establishing an equitable base amount for below average schools; and third, by allocating any remaining funds based on the ADM of below average schools.  By November 1 of the fiscal year, schools receiving funds for homework centers must report to the Department of Education and to the Education Oversight Committee on changes in the PACT-English Language Arts scores in both reading and writing of students who were participants in the homework centers during the prior school year.
     1A.63.      (SDE-EIA: Early Childhood Review)  From the funds appropriated for EIA Four-Year Old Early Childhood, the Department of Education shall utilize up to $300,000 to institute a plan for reviewing, on a district basis, early childhood assets of schools and districts based on State Early Childhood Environment Rating Scores, 4K entry DIAL 3 scores, and South Carolina Readiness Assessment Reports.  To accomplish this, the department shall use reports that analyze program assets and provide guidance to local schools on the effective use of the reports to enhance quality gaps.  Children will be tracked from early childhood programs to fifth grade and beyond to study the relationships of strong early childhood programs and increased performance on PACT, decreased drop out scores, decreased referral for special education programs, and increased graduation rates.  This review may not be used as a part of the EAA Report Card for school year 05-06 2006-07.
     1A.64.      (SDE-EIA: Credits High School Diploma Distribution)  The funds appropriated for Raise Academic Standards-Credits High School Diploma shall be distributed to the school districts of the state based upon the 135 day count of Average Daily Membership.
     1A.65.      (SDE-EIA: School and District Report Card Dates)  Notwithstanding any other requirement in law, the Department of Education must issue report cards to all schools and districts of the State no later than December first.  The school's report card must be furnished to parents and the public no later than December fifteenth.
     1A.66.      (SDE-EIA: Teacher Recruitment/Retention Task Force)  The Education Oversight Committee shall convene a task force to evaluate current teacher recruitment and retention policies, particularly those that impact on schools that have historically underachieved.  Included in the task force will be representatives from the Department of Education, the Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina), institutions of higher learning, the Student Loan Corporation, the Commission on Higher Education, and classroom teachers from throughout South Carolina.
     1A.67.      (SDE-EIA: Report Card Information)  The percentage each school district expended on classroom instruction as defined by the Department of Education's In$ite classification for "Instruction" must be printed on the Annual School and District Report Card.
     1A.68.      (SDE-EIA: PACE Carry Forward)  The Department of Education is authorized to carry forward $871,000 from EIA funds not expended during the prior fiscal year.  The $871,000 must be used for the purpose of conducting the Program of Alternative Certification for Educators (PACE) in the current fiscal year.
SECTION 1AA - H66 -LOTTERY EXPENDITURE ACCOUNT

     1AA.1.      (LEA: Audit)  Each state agency receiving lottery funds shall develop and implement procedures to monitor the expenditures of lottery funds in order to ensure that lottery funds are expended in accordance with applicable state laws, rules, and regulations.  The Office of the State Auditor shall ensure that state agencies receiving lottery funds have procedures in place to monitor expenditures of lottery funds and that the monitoring procedures are operating effectively.
     1AA.2.      (LEA: SDE Lottery Carry Forward)  The Department of Education is authorized to carry forward and expend any unexpended balances of lottery funds from the prior fiscal year into the current fiscal year for expenditures incurred in the prior fiscal year or to be expended for the same purpose.
     1AA.3.      (LEA: SDE Transfer Restriction)  Funds appropriated from the Education Lottery Account for K-5, Reading, Mathematics, Science, and Social Studies Programs, grants, or technical assistance funds allocated directly to an individual school may not be transferred and may only be expended for the purposes for which these funds have been appropriated.  However, all school districts may transfer up to one hundred percent of other lottery funds appropriated to school districts between programs to any instructional program provided the funds are utilized for direct classroom instruction.
     1AA.4.      (LEA: Higher Education Excellence Enhancement Program)  Notwithstanding any other provision of law, all funds appropriated for the Higher Education Excellence Enhancement Program shall be allocated equally among the eligible institutions as defined in Section 2-77-15.  The Commission on Higher Education is authorized to retain and carry forward funds not allocated in the prior fiscal year and to allocate those funds in the current fiscal year equally among the eligible institutions as defined in Section 2-77-15.
     1AA.5.      (LEA: Technology Lottery Funds)  For the purposes of the allocation of technology funds from the lottery proceeds, $125,000 shall be transferred from the portion designated for 2-year institutions to the portion designated for 4-year institutions for each University of South Carolina 2-year institution that has moved to a 4-year status since 2000.
     1AA.6.      (LEA: Annual Lottery Funding)  There is appropriated from the Education Lottery Account for the following education purposes and programs and funds for these programs and purposes shall be transferred by the Budget and Control Board as directed below.  These appropriations must be used to supplement and not supplant existing funds for education.
     The Budget and Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the appropriations of the Education Lottery Account as provided in this section.
     All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year including any interest earnings.  These funds shall be used to support the appropriations contained below.
     The Department of Alcohol and Other Drug Abuse Services is directed to remit their unspent Fiscal Year 2004-05 appropriation of one million dollars from the prior fiscal year to the Education Lottery Account.
     For Fiscal Year 2005-06 certified net lottery proceeds and investment earnings and any other proceeds identified by this provision are appropriated as follows:
           (1)      Commission on Higher Education--Tuition Assistance Two-Year Institutions, $43,000,000;
                           (2)      Commission on Higher Education--LIFE Scholarships as provided in Chapter 149 of Title 59, $107,298,090;
                           (3)      Commission on Higher Education--HOPE Scholarships as provided in Section 59-150-370, $6,673,826;
                           (4)      Commission on Higher Education--Palmetto Fellows Scholarships as provided in Section 59-104-20, $14,381,991;
                           (5)      Commission on Higher Education--Need-Based Grants, $11,246,093;
           (6)      Tuitions Grants Commission--Tuition Grants, $4,000,000;
                           (7)      Commission on Higher Education--National Guard Tuition Repayment Program as provided in Section 59-111-75, $1,700,000;
                           (8)      Commission on Higher Education--Endowed Chairs as provided in Chapter 75 of Title 2, $30,000,000;
           (9)      South Carolina State University--$2,500,000;
                           (10)      Technology:  Public 4-Year Universities, 2-Year Institutions, and State Technical Colleges, $3,000,000;
                           (11)      Department of Education--K-5 Reading, Math, Science & Social Studies Program as provided in Section 59-1-525, $46,500,000;
                           (12)      Department of Education--Grades 6-8 Reading, Math, Science & Social Studies Program, $2,000,000; and
                           (13)      Commission on Higher Education--Higher Education Excellence Enhancement Program, $4,700,000.
     Fiscal Year 2005-06 funds appropriated to the Commission on Higher Education for Tuition Assistance must be distributed to the technical colleges and 2-year institutions as provided in Section 59-150-360.
     The Commission on Higher Education is authorized to temporarily transfer funds between appropriated line items in order to ensure the timely receipt of scholarships and tuition assistance.  It is the goal of the General Assembly to fund the Tuition Assistance program at such a level to support at least $840 per student per term for full time students.
     Fiscal Year 2005-06 net lottery proceeds and investment earnings in excess of the certified net lottery proceeds and investment earnings for this period are appropriated and must be used to ensure that all LIFE, Palmetto Fellows, and HOPE scholarships for Fiscal Year 2005-06 are fully funded.
     If the lottery revenue received for Fiscal Year 2005-06 is less than the amounts appropriated, the projects and programs receiving appropriations for any such year shall have their appropriations reduced on a pro rata basis, except that a reduction must not be applied to the funding of LIFE, HOPE, and Palmetto Fellows Scholarships.
     The Commission on Higher Education is authorized to use up to $260,000 of the funds appropriated in this provision for LIFE, HOPE, and Palmetto Fellows scholarships to provide the necessary level of program support for the scholarship award process.
     For Fiscal Year 2005-06, twelve million dollars certified from unclaimed prizes shall be appropriated as follows:
           (1)      Department of Education-- School Buses, $3,000,000; and
           (2)      Technology: A Public 4-Year Universities, 2-Year Institutions, and State Technical Colleges, $9,000,000.
     All additional revenue certified for unclaimed prizes and any revenue in excess of the amount certified by the Board of Economic Advisors for unclaimed prizes shall be distributed to the Department of Education for the purchase and repair of school buses and fuel.
     Notwithstanding the provisions of Section 59-150-355 of the 1976 Code or any other provision of law, the Budget and Control Board may distribute funds from the Education Lottery Account on a monthly basis during the final quarter of the fiscal year.
     1AA.7.      (LEA: FY 06-07 Lottery Funding)  There is appropriated from the Education Lottery Account for the following education purposes and programs and funds for these programs and purposes shall be transferred by the Budget and Control Board as directed below.  These appropriations must be used to supplement and not supplant existing funds for education.
     The Budget and Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the appropriations of the Education Lottery Account as provided in this section.
     All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year including any interest earnings.  These funds shall be used to support the appropriations contained below.
     For Fiscal Year 2006-07 certified net lottery proceeds and investment earnings and any other proceeds identified by this provision are appropriated as follows:
           (1)      Commission on Higher Education--Tuition Assistance Two-Year Institutions, $45,000,000;
                           (2)      Commission on Higher Education--LIFE Scholarships as provided in Chapter 149 of Title 59, $87,911,636;
                           (3)      Commission on Higher Education--HOPE Scholarships as provided in Section 59-150-370, $7,144,909;
                           (4)      Commission on Higher Education--Palmetto Fellows Scholarships as provided in Section 59-104-20, $17,830,758;
                           (5)      Commission on Higher Education--Need-Based Grants, $11,246,093;
           (6)      Tuitions Grants Commission--Tuition Grants, $7,766,604;
                           (7)      Commission on Higher Education--National Guard Tuition Repayment Program as provided in Section 59-111-75, $1,700,000;
                           (8)      Commission on Higher Education--Endowed Chairs as provided in Chapter 75 of Title 2, $30,000,000;
           (9)      South Carolina State University--$2,500,000;
                           (10)      Technology--Public 4-Year Universities, 2-Year Institutions, and State Technical Colleges, $3,600,000;
                           (11)      Department of Education--Teacher Specialists, $11,000,000;
                           (12)      Department of Education--K-5 Reading, Math, Science & Social Studies Program as provided in Section 59-1-525, $46,500,000;
                           (13)      Department of Education--Grades 6-8 Reading, Math, Science & Social Studies Program, $2,000,000; and
                           (14)      Commission on Higher Education--Higher Education Excellence Enhancement Program, $4,700,000.
     Fiscal Year 2006-07 funds appropriated to the Commission on Higher Education for Tuition Assistance must be distributed to the technical colleges and 2-year institutions as provided in Section 59-150-360.
     The Commission on Higher Education is authorized to temporarily transfer funds between appropriated line items in order to ensure the timely receipt of scholarships and tuition assistance.  It is the goal of the General Assembly to fund the Tuition Assistance program at such a level to support at least $996  per student per term for full time students.
     Fiscal Year 2006-07 net lottery proceeds and investment earnings in excess of the certified net lottery proceeds and investment earnings for this period are appropriated and must be used to ensure that all LIFE, Palmetto Fellows, and HOPE scholarships for Fiscal Year 2006-07 are fully funded.
     If the lottery revenue received for Fiscal Year 2006-07 is less than the amounts appropriated, the projects and programs receiving appropriations for any such year shall have their appropriations reduced on a pro rata basis, except that a reduction must not be applied to the funding of LIFE, HOPE, and Palmetto Fellows Scholarships.
     The Commission on Higher Education is authorized to use up to $260,000 of the funds appropriated in this provision for LIFE, HOPE, and Palmetto Fellows scholarships to provide the necessary level of program support for the scholarship award process.
     For Fiscal Year 2006-07, $8,400,000 certified from unclaimed prizes shall be appropriated for Technology:  Public 4-Year Universities, 2-Year Institutions, and State Technical Colleges.
     Of any unclaimed prize funds available in excess of the Board of Economic Advisors estimate, the first one million dollars will be directed to the SC Alliance of Boys and Girls Clubs, Inc.  The next five million dollars will be directed to the State Board for Technical and Comprehensive Education for the Allied Health Initiative.  The next $121,515 will be directed to the Georgetown County First Steps Program.  The next $200,000 shall be directed to the S.C. School for the Deaf and the Blind for technology, equipment, and support for multi-disabled students enrolled in education degree and vocational certificate programs.  The next $250,000 will be directed to the Department of Education for Agriculture in the Classroom.  All additional revenue in excess of the amount certified by the Board of Economic Advisors for unclaimed prizes shall be distributed to the Higher Education Tuition Grants Commission for Tuition Grants.
     Notwithstanding the provisions of Section 59-150-355 of the 1976 Code or any other provision of law, the Budget and Control Board may distribute funds from the Education Lottery Account on a monthly basis during the final quarter of the fiscal year.

SECTION 2 - H71 - WIL LOU GRAY OPPORTUNITY SCHOOL

     2.1.      (WLG: Truants)  The Opportunity School will incorporate into its program services for students, ages 15 and over, who are deemed truant; and will cooperate with the Department of Juvenile Justice, the Family Courts, and School districts to encourage the removal of truant students to the Opportunity School when such students can be served appropriately by the Opportunity School's program.
     2.2.      (WLG: GED Test)  Students attending school at the Wil Lou Gray Opportunity School that are 16 years of age and are unable to remain enrolled due to the necessity of immediate employment or enrollment in post secondary education may be eligible to take the General Education Development (GED) Test.  Prior to taking the GED the student must be pretested using the official General Education Development Practice Test and score a minimum of 220.
     2.3.      (WLG: Deferred Salaries Carry Forward)  Wil Lou Gray is authorized to carry forward into the current fiscal year the amount of the deferred salaries and employer contributions earned in the prior fiscal year for non-twelve month employees.  These deferred funds are not to be included or part of any other authorized carry forward amount.
     2.4.      (WLG: Improved Forestry Practices)  The Trustees of the Wil Lou Gray Opportunity School may carry out improved forestry practices on the timber holdings of the school property and apply the revenues derived from them and any other revenue source on the property for the further improvement and development of the school forest and other school purposes.
     2.5.      (WLG: Educational Program Initiatives)  Wil Lou Gray Opportunity School is authorized to utilize funds received from the Department of Education for vocational equipment on educational program initiatives.

SECTION 3 - H75 - SCHOOL FOR THE DEAF AND THE BLIND

     3.1.      (SDB: Student Activity Fee)  The School for the Deaf and the Blind is authorized to charge to the parents of students at the school a student activity fee, differentiated according to the income of the family.  The required student activity fee shall not exceed $40.00.  Such revenue may be retained and carried forward into the current fiscal year and expended for the purpose of covering expenses for student activities.
     3.2.      (SDB: Weighted Student Cost)  The School for the Deaf and the Blind shall receive through the Education Finance Act the average State share of the required weighted cost for each student enrolled in the School
     3.3.      (SDB: Admissions)  Deaf, blind, multi-disabled and other disabled students identified by the Board of Commissioners as target groups for admission to the South Carolina School for the Deaf and the Blind may be admitted by the School either through direct application by parents or on referral from the local school district.  The Board of Commissioners shall define the appropriate admissions criteria including mental capacity, degree of disability, functioning level, age, and other factors deemed necessary by the board.  All placement hearings for admission to the South Carolina School for the Deaf and the Blind shall be organized by the School.  The South Carolina School for the Deaf and the Blind shall obtain information from the local school district concerning the needs of the student and shall prepare an Individualized Education Plan for each student admitted.  All parents applying for admission of their children must sign a statement certifying that they feel the South Carolina School for the Deaf and the Blind is the most appropriate placement which constitutes the least restrictive environment for the individual student, based upon needs identified in the placement meeting and the Individualized Education Plan.  The decision concerning placement and least restrictive environment shall be reviewed annually at the IEP Conference.
     3.4.      (SDB: Adult Vocational Program Fees)  The School for the Deaf and the Blind is authorized to charge appropriate tuition, room and board, and other fees to students accepted into the Adult Vocational Program.  Such fees will be determined by the School Board of Commissioners, and such revenue shall be retained and carried forward into the current fiscal year and expended by the School for the purpose of covering expenses in the Adult Vocational Program.
     3.5.      (SDB: Mobility Instructor Service Fee)  The School for the Deaf and the Blind is authorized to charge a fee for the services of a mobility instructor to provide service on a contractual basis to various school districts in the state, and such revenue shall be retained and carried forward into the current fiscal year and expended by the School for the purpose of covering expenses in the Blind School.
     3.6.      (SDB: Cafeteria Revenues)  All revenues generated from cafeteria operations may be retained and expended by the institution for the purpose of covering actual expenses in cafeteria operations.
     3.7.      (SDB: School Buses)  The school buses of the South Carolina School for the Deaf and the Blind are authorized to travel at the posted speed limit.
     3.8.      (SDB: USDA Federal Grants)  All revenues generated from U.S.D.A. federal grants may be retained and expended by the SCSDB in accordance with Federal regulations for the purpose of covering actual expenses in the cafeteria/food service operations of the school.
     3.9.      (SDB: By-Products Revenue Carry Forward)  The School for the Deaf and the Blind is authorized to sell goods that are by-products of the school's programs and operations, charge user fees and fees for services to the general public: individuals, organizations, agencies and school districts, and such revenue may be retained and carried forward into the current fiscal year and expended for the purpose of covering expenses of the school's programs and operations.
     3.10.      (SDB: Deferred Salaries Carry Forward)  South Carolina School for the Deaf and the Blind is authorized to carry forward in the current fiscal year the amount of the deferred salaries and employer contributions earned in the prior fiscal year for nontwelve month employees. These deferred funds are not to be included or part of any other authorized carry forward amount.
     3.11.      (SDB: Sale of Property)  After receiving approval from the Budget and Control Board for the sale of property, the school may retain revenues associated with the sale of property titled to or utilized by the school. These funds shall be expended on capital improvements approved by the Joint Bond Review Committee and the Budget and Control Board.
     3.12.      (SDB: USC-Spartanburg Visual Impairment Master of Education Program)  Of the funds appropriated to the South Carolina School for the Deaf and the Blind, $50,000 shall be used to fund the Master of Education Program In Visual Impairment at the University of South Carolina in Spartanburg.

SECTION 4 - L12 - JOHN DE LA HOWE SCHOOL

     4.1.      (JDLHS: Status Offender Carry Forward)   Unexpended status offender funds distributed to John de la Howe School from the Department of Education may be carried forward and used for the same purpose.

SECTION 5A - H03 - COMMISSION ON HIGHER EDUCATION

     5A.1.      (CHE: Contract for Services Program Fees)  The amounts appropriated in this section for "Southern Regional Education Board Contract Programs" and "Southern Regional Education Board Dues" are to be used by the commission to pay to the Southern Regional Education Board the required contract fees for South Carolina students enrolled under the Contract for Services program of the Southern Regional Education Board, in specific degree programs in specified institutions and the Southern Regional Education Board membership dues. The funds appropriated may not be reduced to cover any budget reductions or be transferred for other purposes.
     5A.2.      (CHE: Grants for Programs in Other States)  Of the funds appropriated herein, the Commission on Higher Education shall make available at least $25,000 to make grants to South Carolina residents enrolled in an accredited institution outside the State in a program (a) not offered in South Carolina by an accredited institution, or (b) a program which differs significantly from a program offered in South Carolina as determined by the Commission on Higher Education.  The amount awarded to any such student must be made directly to the institution for the account of the grantee.  Beginning with the Fall 2002 academic year, no awards will be made to students who have not previously received awards.  Those students who have previously received awards may continue to receive awards, as long as they continue to meet eligibility requirements, until they have received the award for the provided maximum eight semesters.
     5A.3.      (CHE: Out-of-State School of the Arts)  The funds appropriated herein for Out-of-State School of the Arts must be expended for an SREB Contract Program, administered by the Commission, which will offset the difference between the out-of-state cost and in-state cost for artistically talented high school students at the North Carolina School of the Arts.
     5A.4.      (CHE: Access & Equity Programs)  Of the funds appropriated herein for Access and Equity Programs, the Commission on Higher Education shall distribute at least $98,313 to South Carolina State University, $24,559 to Denmark Technical College, and $588,741 to the Access and Equity Program.  With the funds appropriated herein the colleges and universities shall supplement their access and equity programs so as to provide, at a minimum, the same level of minority recruitment activities as provided during the prior fiscal year.
     5A.5.      (CHE: Performance Funding Calculations Changes)  The allocations made for the immediate fiscal year following March 1 of any year may not be adjusted by the commission due to any change in performance funding calculations, or methodology.
     5A.6.      (CHE: Allowable Tuition and Fees)  State funds shall not be used to provide undergraduate out-of-state subsidies to students attending state-supported public institutions of higher learning, as defined in Section 59-103-5.
     Four-year state supported institutions of higher learning may raise their in-state undergraduate tuition for FY 2006-07 a maximum of $250 per semester above the increase in the Higher Education Price Index.  The Medical University of South Carolina is excluded due to it being the only free-standing health science center in the state.
     5A.7.      (CHE: African-American Loan Program)  Of the funds appropriated to the Commission on Higher Education for the African-American Loan Program, $149,485 shall be distributed to South Carolina State University and $53,389 shall be distributed to Benedict College, and must be used for a loan program with the major focus of attracting African-American males to the teaching profession.  The Commission of Higher Education shall act as the monitoring and reporting agency for the African-American Loan Program.  Of the funds allocated according to this proviso, no more than 10% shall be used for administrative purposes.
     5A.8.      (CHE: GEAR-UP)  Funds appropriated for GEAR-UP shall be used for state grants programs to reach disadvantaged middle school students to improve their preparation for college.  Eligible South Carolina public schools and public institutions of higher education shall cooperate with the Commission on Higher Education in the provision of services under the Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) grant.
     5A.9.      (CHE: EPSCoR Committee Representation)  With the intent that the four-year teaching institutions receive a portion of EPSCoR funding, the State EPSCoR Committee shall have an executive committee consisting of one representative from each of the research institutions and one representative from the four-year teaching university sector.
     5A.10.      (CHE: SREB Funds Exempt From Budget Cut)  In the calculation of any across the board cut mandated by the Budget and Control Board or General Assembly, the amount which the Commission on Higher Education is appropriated for Southern Regional Education Board Professional Scholarship Programs and Fees, Dues and Assessments shall be excluded from the Commission on Higher Education's base budget.
     5A.11.      (CHE: Furlough)  Notwithstanding Section 8-11-195 of the 1976 Code, or any other provision of law, in a fiscal year in which the general funds appropriated for an institution of higher education are less than the general funds appropriated for that institution in the preceding fiscal year, or whenever the General Assembly or the Budget and Control Board implements a midyear across-the-board budget reduction, agency heads for institutions of higher education and the State Board for Technical and Comprehensive Education through policy and procedure for the Technical College System may institute employee furlough programs of not more than twenty working days in the fiscal year in which the deficit is projected to occur.  The furlough must be inclusive of all employees regardless of source of funds, place of work, or tenure status, and must include employees in classified positions and unclassified positions as well as agency heads.  Scheduling of furlough days, or portions of days, shall be at the discretion of the agency or individual institution.  During this furlough, affected employees shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries.  As to those benefits which require employer and employee contributions, including but not limited to contributions to the South Carolina Retirement System or the optional retirement program, institutions will be responsible for making both employer and employee contributions during the time of the furlough if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions.  Placement of an employee on furlough under this provision does not constitute a grievance or appeal under the State Employee Grievance Act.  In the event an institution's reduction is due solely to the General Assembly transferring or deleting a program, this provision does not apply.  The implementation of a furlough program authorized by this provision shall be on an institution by institution basis.
     5A.12.      (CHE: Unspent Scholarship Grants)  Notwithstanding the provisions of Section 59-143-10, any unspent balance in the Higher Education Scholarship Grants share of the Children's Education Endowment Fund, including interest and low-level radioactive waste tax revenue from previous years' collections, may be made available for Need-based Grants and Palmetto Fellows Scholarships during the current fiscal year.
     5A.13.      (CHE: Mid-Year Reduction Exemption)  Notwithstanding any other provision of law, whenever the General Assembly or the Budget and Control Board implement a mid-year budget reduction, Commission on Higher Education appropriations for the Legislative Incentives for Future Excellence (LIFE) scholarships, the Need-based Grants, and Palmetto Fellows Scholarships are exempt from any mid-year budget reductions.
     5A.14.      (CHE: Performance Improvement Pool Allocation)  Of the funds appropriated to the Commission on Higher Education under Section XI. Special Items: Performance Funding, $1,642,536 will be allocated to the EPSCoR program under the Commission on Higher Education to improve South Carolina's research capabilities, $410,635 will be allocated to South Carolina State University as matching funds for the Transportation Center, and $410,635 will be allocated to support the management education programs of the School of Business at South Carolina State University.
     5A.15.      (CHE: Gifted Student Scholarship Criteria)  For an exceptionally gifted student who is a resident of South Carolina and is accepted into an institution of higher learning without having attended or graduated from high school, the Commission on Higher Education by regulation must define alternative criteria for the student to qualify for a Palmetto Fellows Scholarship.
     5A.16.      (CHE: Troop-to-Teachers)  Members of the Armed Forces either active-duty, retired, or separated who are admitted to and enrolled in the South Carolina Troop-to-Teachers Alternative Route to Certification program are entitled to pay in-state rates at participating state institutions for requisite program work.
     5A.17.      (CHE: Palmetto Fellows Reapplication)  Notwithstanding any other provision of law, any student who met the initial eligibility requirements to receive a Palmetto Fellows Scholarship Award as a senior in High School and has met the continuing eligibility requirements shall receive the award.  Any student that received a Palmetto Fellows Scholarship Award as a senior in High School but declined the award is eligible to reapply for the annual scholarship, providing he meets all of the initial and continuing academic eligibility requirements of the Palmetto Fellows program, if he transfers to a qualifying South Carolina institution of higher learning.  The number of semesters or academic years a student attended an out of state institution are to be deducted from the number of semesters or academic years a student is eligible for the scholarship.  All funding provided for Palmetto Fellows Scholarships regardless of its source or allocation shall be used to implement the provisions of this paragraph.
     5A.18.      (CHE: Research Universities Matching Resources)  Notwithstanding the provisions of Sections 2-75-05(B)(4) and (6) and 2-75-50 of the 1976 Code, to meet the endowed professorships matching requirement of those provisions, a research university may use funds specifically provided for use in the areas of Engineering, Nanotechnology Biomedical Sciences, Energy Sciences, Environmental Sciences, Information and Management Sciences, and for other sciences and research that create well-paying jobs and enhanced economic opportunities for the people of South Carolina and that are approved by the Research Centers of Excellence Review Board that are derived from private or federal government sources, excluding state appropriations to the institution, tuition, or fees.  The only federal dollars that may be used to meet the endowed professorships matching requirement are those federal dollars received after July 1, 2003.
     5A.19.      (CHE: Lottery Technology Funds)  Of the funds appropriated from the Education Lottery for technology, one-half must be used for a University Technology Program and awarded to public four-year universities, excluding the University of South Carolina-Columbia, Clemson University, and the Medical University of South Carolina. Funds must be awarded to these institutions according to the following formula: thirty-five percent of available dollars must be allocated equally among eligible institutions, with the remaining sixty-five percent to be prorated among the eligible institutions based on total FTE enrollment in the immediately previous year.  The remaining one-half of these funds appropriated for technology shall be Technology Program funds to be used for technology upgrades across the public two-year institutions and the technical college system for the support and development of technology.  Notwithstanding any other provision of law, prior approval or involvement of the Commission on Higher Education beyond allocation of funds as described herein is not required.
     5A.20.      (CHE: International Exchange Program Abatement)  State supported colleges and universities which have an established and ongoing relationship in one or more degree programs with an international institution, the terms of which have been formally approved by the institution's Board of Trustees, and the relationship includes regular arrangements for the enrollment of qualified students and/or the exchange of faculty between the institutions, although not necessarily in equal exchange numbers, may charge tuition to such qualified students at the South Carolina resident rate.
     5A.21.      (CHE: SREB Veterinary Students)  Of the funds appropriated to or authorized for the Commission on Higher Education, the commission is directed to fund the Southern Regional Educational Board dues at an appropriate amount to include five additional veterinary medicine students.
     5A.22.      (CHE: EPSCOR Transfer Authority)  At the discretion of the State Manager of the South Carolina EPSCoR Program, the State Manager is authorized to transfer the South Carolina EPSCoR Program from the South Carolina Research Authority to the Commission on Higher Education.  Regardless of whether the State Coordinator chooses for the program to be transferred, no funds appropriated to or authorized for the South Carolina EPSCoR Program may be retained by the South Carolina Research Authority or the Commission on Higher Education without the consent of the South Carolina EPSCoR Program.
     5A.23.      (CHE: Palmetto Fellows Eligibility)  When calculating eligibility for Palmetto Fellows Scholarships, students that rank in the top six percent of the graduating class at the end of their sophomore year, junior year, or at the end of the first semester of their senior year shall be considered for the scholarship.  When calculating eligibility for Palmetto Fellows Scholarships in schools where the top six percent of the graduating class is two students or less, the top two students shall be considered for the scholarship regardless of class rank.  The top six percent of the graduating class must meet all Palmetto Fellows Scholarship eligibility requirements in order to receive a scholarship.
     5A.24.      (CHE: Excellence Enhancement Program Additions)  Notwithstanding any other provision of law, Converse College and Columbia College shall be eligible to receive funds under the Higher Education Excellence Enhancement Program.
     5A.25.      (CHE: LIFE Eligibility)  Students who received the LIFE Scholarship under the revised GPA criteria in effect from March 17, 2004 until January 28, 2005 will continue to be eligible to receive the scholarship either based on the revised GPA or the GPA requirements in effect prior to March 17, 2004, whichever is more advantageous for the student.  Students who would like to have their GPA calculated according to the revised GPA calculations must contact the financial aid office.  The student shall have the responsibility of submitting their transcripts from all eligible SC institutions to determine eligibility for the LIFE scholarship.  Furthermore, following any change in LIFE scholarship GPA requirements, there shall be a delay of one fiscal year in which students are eligible based on either the old criteria or the new criteria, whichever is more advantageous for the student.
     5A.26.      (CHE: Need-Based Grants for Foster Youth)  For the 2006-07 current academic year, youth in the custody of the Department of Social Services and attending a higher education institution in South Carolina are eligible for additional need-based grants funding of up to $2,000 above the $2,500 maximum.  Foster youth must apply for these funds no later than May 1, 2006 of the preceding year.  All other grants, both state and federal, for which these foster youth are eligible must be applied first to the cost of attendance prior to using the additional need-based grant funding.  If the cost of attendance for a foster youth is met with other grants and scholarships, then no additional need-based grant may be used.  The Department of Social Services, in cooperation with the Commission on Higher Education, will track the numbers of recipients of this additional need-based grant to determine its effectiveness in encouraging more foster youth to pursue a secondary education.  No more than $100,000 may be expended from currently appropriated need-based grants funding for this additional assistance.
     5A.27.      (CHE: Eligible Institutions Definition)  For purposes of the SC Higher Education Excellence Enhancement Act, 'eligible institution' means a four-year institution of higher learning:
           (a)      at which sixty-percent or more of the enrolled undergraduate students were low-income and educationally disadvantaged students, for the four consecutive years immediately preceding the then current year;
           (b)      that is defined in part B, Subchapter 111, Chapter 28, Title 20 of the United States Code;
           (c)      that is accredited by the Southern Association of Colleges and Schools;
           (d)      that is organized as a nonprofit corporation or is a public institution; and
           (e)      that has its main campus located in South Carolina.
     5A.28.      (CHE: Palmetto Fellows Alternate Criteria)  In addition to the qualifications established in regulation, a student may, regardless of class rank, qualify for a Palmetto Fellows Scholarship with a minimum score of 1400 on the Scholastic Aptitude Test (SAT) or an equivalent ACT score and a cumulative GPA of 4.0 of the Uniform Grading Scale at the end of the junior or senior year.
     5A.29.      (CHE: Out Of State Eligibility)  For Fiscal Year 2006-2007, students that are South Carolina residents and enrolled in out-of-state high schools shall be eligible to receive the Palmetto Fellows, Life, and Hope scholarships.  Eligibility shall be calculated utilizing criteria for in-state students.
SECTION 5B -H06 - HIGHER EDUCATION TUITION GRANTS COMMISSION

     5B.1.      (HETG: Tuition Grants Mid-Year Reduction Exemption)  Funds provided in Part IA, Section 5B, II. Tuition Grants shall be exempt from any mandated mid-year budget reductions.

SECTION 5D - H12 - CLEMSON UNIVERSITY EDUCATIONAL & GENERAL

     5D.1.      (CU: Travel Advances and Subsistence Expenses)  Clemson University may advance travel and subsistence expense monies to its employees for the financing of ordinary and necessary travel required in the conducting of the business of the institution.  Clemson University may develop and publish rules and regulations pertaining to the advancing of travel expenses.  All advances for travel and subsistence monies shall be repaid within 30 days after the end of the trip.

SECTION 5K - H45 - UNIVERSITY OF SOUTH CAROLINA

     5K.1.      (USC: Palmetto Poison Control Center)  Of the funds appropriated or authorized herein, the University of South Carolina shall expend at least $150,000 on the Palmetto Poison Control Center.
     5K.2.      (USC: Indirect Cost Recovery Waiver for Summer Food Service Program)  The University of South Carolina is granted partial waiver of the remittance of indirect cost recoveries for the Summer Food Service Program supported by the Federal Department of Agriculture through the Department of Social Services.  The waiver may not exceed the amount of direct administrative cost for the program.
     5K.3.      (USC: School Improvement Council)  Of the funds appropriated to the University of South Carolina Columbia Campus, $100,000 shall be used for the School Improvement Council.
     5K.4.      (USC: Beaufort Campus - Penn Center)  The special item funding appropriated to the University of South Carolina - Beaufort for the Penn Center Project shall not be used for any other purposes.
     5K.5.      (USC: Beaufort Campus - Reciprocal Tuition)  The University of South Carolina Beaufort Campus may offer in-state tuition to any student whose legal residence is in the Chatham-Effingham and Bryan County area of the neighboring state of Georgia as long as the Georgia Board of Regents continues its Georgia Tuition Program by which in-state tuition is offered to students residing in the Beaufort/Jasper County area of the State of South Carolina.
     5K.6.      (USC: Spartanburg Campus - Permanent Improvement Project) The project titled "New Library/Technology/Information Center $5,000,000" for the University of South Carolina- Spartanburg and listed in the section authorizing Capital Improvement Bond in subsection (A)(3)(j) of Act 1 of 2001 is amended to read "Health Education Complex/Academic and Student Services $5,000,000."
SECTION 5M - H54 - MEDICAL UNIVERSITY OF SOUTH CAROLINA

     5M.1.      (MUSC: Family Practice Residency System)  Statewide family practice residency system funds appropriated for faculty salaries, teaching services, and consultant fees may only be expended when the above activities are accomplished for educational purposes in the family practice centers.  Authorization is hereby granted to the Medical University of South Carolina to expend such funds in hospital-based clinical settings apart from the consortium hospital, when such settings are determined by the President of the Medical University of South Carolina with approval of the Board of the Medical University to provide appropriate educational experience and opportunities to the family practice residents and these funds shall not be transferred to any other program.
     5M.2.      (MUSC: Palmetto Initiative for Excellence)  Funds appropriated herein to the SC Healthcare Recruitment and Retention Center for the Palmetto Initiative for Excellence shall be used as match funds to promote diversity within the administrative health services workforce in South Carolina.  Funds are to be used to stimulate the development of post-graduate fellowships, undergraduate internships, and mentoring programs.
     5M.3.      (MUSC: Rural Dentist Program)  The Rural Dentist Program, in coordination with the Department of Health and Environmental Control's Public Health Dentistry Program, is established at the Medical University of South Carolina.  The funds appropriated to the Medical University of South Carolina for the Rural Dentist Program shall be administered by the South Carolina Area Health Education Consortium physician recruitment office.  The costs associated with administering this program are to be paid from the funds appropriated to the Rural Dentist Program and shall not exceed 4% of the appropriation.  The Medical University of South Carolina is responsible for the fiscal management of funds to ensure that state policies and guidelines are adhered to.  A board is created to manage and allocate these funds to insure the location of licensed dentists in rural areas of South Carolina and on the faculty of the College of Dental Medicine at MUSC.  The board will be composed of the following:  the Dean, or his designee, of the MUSC College of Dental Medicine; three members from the South Carolina Dental Education Foundation Board who represent rural areas; and the President of the South Carolina Dental Association.  The Director of DHEC's Office of Primary Care; the Director or his designee of the Department of Health and Human Services; and the Executive Director of the South Carolina Dental Association shall serve as ex-officio members without vote.

SECTION 5N - H59 - STATE BOARD FOR TECHNICAL & COMPREHENSIVE EDUCATION

     5N.1.      (TEC: Training of New & Expanding Industry)  Notwithstanding the amounts appropriated in this section for "Special Schools", it is the intent of the General Assembly that the State Board for Technical and Comprehensive Education expend whatever available funds as are necessary to provide direct training for new and expanding business or industry.  In the event expenditures are above the appropriation, the appropriation in this section for "Special Schools" shall be appropriately adjusted, if and only if, revenues exceed projections and the Budget and Control Board approves the adjustment.
     5N.2.      (TEC: Training of New & Expanded Industry Carry Forward)  In addition to the funds appropriated in this section, any of the funds appropriated under this section for the prior fiscal year which are not expended during that fiscal year may be carried forward and expended for direct training of new and expanding industry in the current fiscal year.
     5N.3.      (TEC: Training of New & Expanded Industry - Payments of Prior Year Expenditures)  The State Board for Technical and Comprehensive Education may reimburse business and industry for prior year training costs billed to the agency after fiscal year closing with the concurrence of the Comptroller General.
     5N.4.      (TEC: NC/GA Reciprocal)  The South Carolina Technical Colleges may offer in-state tuition to the bordering North Carolina and Georgia communities when a negotiated reciprocal agreement is in effect with the two-year colleges in these neighboring regions or when students from these out-of-state communities are employed by South Carolina employers who pay South Carolina taxes.

SECTION 6 - H67 - EDUCATIONAL TELEVISION COMMISSION

     6.1.      (ETV: Grants/Contributions Carry Forward)  The Educational Television Commission shall be permitted to carry forward any funds derived from grant awards or designated contributions and any state funds necessary to match such funds, provided that these funds be expended for the programs which they were originally designated.
     6.2.      (ETV: New Facility Equipment Purchases & Renovations)  Notwithstanding any other provisions of law, the commission, with approval by the Budget and Control Board, is allowed to sell or lease its facilities, property, equipment, programs, publications, and other program related materials, and funds received therefrom may be used for equipment purchases and renovations of its facilities upon review by the Joint Bond Review Committee and approval by the Budget and Control Board.
     6.3.      (ETV: Digital Satellite)  The state's digital satellite video transmission system will support public and higher education, enhance the statewide delivery of health care services, improve public service, and assist state agencies with statewide personnel training.  To facilitate the achievement of these objectives, there is created a Video Resources Oversight Council composed of representatives of the South Carolina Educational Television Commission, the State Department of Education, the Commission on Higher Education, the Human Services Coordinating Council, and the Budget and Control Board's Division of Budget and Analyses, Office of Information Technology Policy and Management.

SECTION 7 - H73 - DEPARTMENT OF VOCATIONAL REHABILITATION

     7.1.      (VR: Production Contracts Revenue)  All revenues derived from production contracts earned by the handicapped trainees of the Evaluation and Training Facilities (Workshops) may be retained by the State Agency of Vocational Rehabilitation and used in the facilities for Client Wages and any other production costs; and further, any excess funds derived from these production contracts may be used for other operating expenses and/or permanent improvements of these facilities.
     7.2.      (VR: Reallotment Funds)  To maximize utilization of federal funding and prevent the loss of such funding to other states in the Basic Service Program, the State Agency of Vocational Rehabilitation be allowed to budget reallotment and other funds received in excess of original projections in following State fiscal years.
     7.3.      (VR: Basic Support Program Reconciliation)  The General Assembly hereby directs the Department of Vocational Rehabilitation to complete a reconciliation of the cost to operate the Basic Support program related to the combination of state and federal funds available following the close of each federal fiscal year.  Such reconciliation shall begin with the federal fiscal year ending September 30, 1989.  Federal funds participation for that period shall be applied at the maximum allowable percentage and the level of those funds on hand which have resulted from the over participation of state funds shall be remitted to the general fund within 120 days following the close of the federal fiscal year.  This reconciliation and subsequent remission to the general fund shall be reviewed by the State Auditor to ensure that appropriate federal/state percentages are applied.  It is the intent of the General Assembly that federal/state percentages budgeted and appropriated shall in no way be construed as authorization for the department to retain the federal funds involved.
     7.4.      (VR: User/Service Fees)  Any revenues generated from user fees or service fees charged to the general public or other parties ineligible for the department's services may be retained to offset costs associated with the related activities so as to not affect the level of service for regular agency clients.
     7.5.      (VR: Meal Ticket Revenue)  All revenues generated from sale of meal tickets may be retained by the agency and expended for supplies to operate the agency's food service programs or cafeteria.
     7.6.      (VR: Basic Services Program - Educational Scholarships)  For those persons with disabilities who are eligible for and are receiving services under an approved plan of the S.C. Vocational Rehabilitation Department (consistent with the 1973 Rehabilitation Act, as amended) tuition costs at state supported institutions (four year, technical, or trade schools) will not increase beyond the 1998 tuition rate, will be provided, or will be waived by the respective institution after the utilization of any other federal or state student aid for which the student is eligible.  Persons eligible for this tuition reduction or sponsorship must meet all academic requirements of the particular institution and be eligible for State need-based scholarships as defined in Title 59, Chapter 142 of the South Carolina Code of Laws.
     7.7.      (VR: Sale of Real Property with Improvements)  Notwithstanding any other provision of law, with approval by the Budget and Control Board, the Department of Vocational Rehabilitation may sell its 0.4067 acres of real property with improvements thereon in Hartsville, S.C., and retain the receipts in permanent improvements accounts for current or future capital projects upon review by the Joint Bond Review Committee and approval by the Budget and Control Board.
     7.8.      (VR: Minimum Standards for State Agency Counselors)  A State Agency of Vocational Rehabilitation counselor must meet the following standards: a Master's degree in Rehabilitation Counseling, or a Master's degree in the field of counseling with a graduate course in Theories and Techniques of Counseling, or a Master's degree in any discipline; in addition to the Master's degree, the individual shall be required to document at least 18 credit hours of coursework at the Master's level or above, within thirty months of date of hire, in the core areas that follow:  One graduate course with a primary focus on the Theories and Techniques of Counseling and three graduate courses, each with a primary focus on one of the following areas:  Occupational Information, Job Development and Placement, Medical Aspects of Disabilities, Foundations of Rehabilitation, Psychological Aspects of Disabilities, and Personal and Vocational Adjustment; and two graduate courses, each with a primary focus on one of the following areas:  Assessment, Research Methodology, Vocational and Career Development, Community Resources, Case Management, and Delivery of Rehabilitation Services, or a current Certified Rehabilitation Counselor (CRC) certification, regardless of degree.
SECTION 8 - J02 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

     8.1.      (DHHS: Recoupment/Restricted Fund)  The Department of Health and Human Services shall recoup all refunds and identified program overpayments and all such overpayments shall be recouped in accordance with established collection policy.  Further, the Department of Health and Human Services is authorized to maintain a restricted fund, on deposit with the State Treasurer, to be used to pay for liabilities and improvements related to enhancing accountability for future audits.  The restricted fund will derive from prior year program refunds.  The restricted fund shall not exceed one percent of the total appropriation authorization for the current year.  Amounts in excess of one percent will be remitted to the general fund.
     8.2.      (DHHS: Long Term Care Facility Reimbursement Rate)  The Department, in calculating a reimbursement rate for long term care facility providers, shall obtain for each contract period an inflation factor, developed by the Budget and Control Board, Division of Budget and Analyses.  Data obtained from Medicaid cost reporting records applicable to long term care providers will be supplied to the Budget and Control Board, Division of Budget and Analyses.  A composite index, developed by the Budget and Control Board, Division of Budget and Analyses will be used to reflect the respective costs of the components of the Medicaid program expenditures in computing the maximum inflation factor to be used in long term care contractual arrangements involving reimbursement of providers.  The Division of Budget and Analyses of the Budget and Control Board shall update the composite index so as to have the index available for each contract renewal.
     The department may apply the inflation factor in calculating the reimbursement rate for the new contract period from zero percent (0%) up to the inflation factor developed by the Division of Budget and Analyses.
     8.3.      (DHHS: Medical Assistance Audit Program Remittance)  The Department of Health and Human Services shall remit to the general fund an amount representing fifty percent (allowable Federal Financial Participation) of the cost of the Medical Assistance Audit Program as established in the State Auditor's Office of the Budget and Control Board Section 63A.  Such amount shall also include appropriated salary adjustments and employer contributions allocable to the Medical Assistance Audit Program.  Such remittance to the general fund shall be made monthly and based on invoices as provided by the State Auditor's Office of the Budget and Control Board.
     8.4.      (DHHS: Third Party Liability Collection)  The Department of Health and Human Services is allowed to fund the net costs of any Third Party Liability and Drug Rebate collection efforts from the monies collected in that effort.
     8.5.      (DHHS: Medicaid State Plan)  Where the Medicaid State Plan is altered to cover services that previously were provided by 100% state funds, the department can bill other agencies for the state share of services provided through Medicaid.  The department will keep a record of all services affected and submit periodic reports to the Senate Finance and House Ways and Means Committees.
     8.6.      (DHHS: Medically Indigent Assistance Fund)  The department is authorized to expend disproportionate share funds to all eligible hospitals with the condition that all audit exceptions through the receipt and expenditures of these funds are the liability of the hospital receiving the funds.
     8.7.      (DHHS: Admin. Days/Swing Beds Reduction Prohibition)  Funds appropriated herein for hospital administrative days and swing beds shall not be reduced in the event the agency cuts programs and the services they provide.
     8.8.      (DHHS: Nursing Home Sanctions)  The Department of Health and Human Services is authorized to establish an interest bearing restricted fund with the State Treasurer, to deposit fines collected as a result of nursing home sanctions.  The department may use these funds consistent with the provision of Section 44-6-470.
     8.9.      (DHHS: Reimbursement Formula Changes)  To the extent the department can increase Medicaid federal matching funds through changes in reimbursement formulas for other state providers, the department, with the permission of the state providers, is authorized to retain these funds in an earmarked account on deposit with the State Treasurer and use these funds to cover unanticipated health and human services expenditures.  The department should not hold any other state provider liable for disallowances resulting from these changes.  Any funds realized as a result of this proviso shall be reported as part of the following year budget process.
     8.10.      (DHHS: Managed Care)  The Insurance Law of South Carolina and the regulations promulgated thereunder shall not apply to partially capitated, primary care providers, insofar as such groups or individuals are defined by and agree to provide health care services under South Carolina's Medicaid Managed Care Program.
     8.11.      (DHHS: Community Residential Care Optional State Supplementation)  The increase to Personal Needs Allowance for residents of community residential care facilities, if the federal government grants a cost of living increase to Social Security and Supplemental Security Income recipients, will be effective in January.  The department will increase the residential care payment by the amount of the cost of living increase minus $2.00 per recipient for an increase in the Personal Needs Allowance.  This increase to the Personal Needs Allowance applies to all OSS recipients regardless of whether they receive Social Security and/or Supplemental Security Income.  The maximum amount of payment a facility can charge will be increased by the same amount as the cost of living increase, less $2.00.  The department is authorized to maximize a portion of the OSS funds to implement the Integrated Personal Care program for eligible residents of community residential care facilities that receive OSS payments.
     8.12.      (DHHS: Medical Home for Clients)  The Department of Health and Human Services (DHHS) shall establish a program to encourage physicians to establish a "medical home" for Medicaid clients.  This program is intended to provide continuity of care for Medicaid clients, increase access to primary care services for Medicaid clients and ensure increased and continued participation in the Medicaid program by physicians who render primary care services.  The DHHS shall have the responsibility to define a "medical home" and have signed agreements with physicians willing to meet the requirements of providing a "medical home."  Physicians signing agreements to become medical homes for Medicaid will receive enhanced reimbursement to be defined by DHHS.  Federally Qualified Health Centers (FQHCs) and Rural Health Centers (Rocs) must meet the requirements set forth for a "medical home" in order to continue to receive cost based reimbursement from DHHS.
     8.13.      (DHHS: Registration Fees)  The department is authorized to receive and expend registration fees for educational, training, and certification programs.
     8.14.      (DHHS: Chiropractic Services)  From the funds appropriated herein, the department is directed to provide coverage for medically necessary chiropractic services for Medicaid eligible recipients.
     8.15.      (DHHS: Generic Drugs)  With respect to prescriptions reimbursed through the South Carolina Medicaid Program, Medicaid recipients for whom the pharmaceuticals are intended are deemed to have consented to substitution of a less costly equivalent generic product which will result in a cost savings to the South Carolina Medicaid program.  Therefore, individual patient consent for substitution as required in S.C. Code of Laws 40-43-86 (H) (6) shall not be required.
     8.16.      (DHHS: Medically Fragile Children's Programs)  Children's Hospitals in South Carolina or their designee are authorized to be the only providers for the State of South Carolina for the Medically Fragile Children's Programs as defined by the Department of Health and Human Services.
     8.17.      (DHHS: Medicaid Eligibility/Promissory Note)  Notwithstanding any other provision of law and except as provided below, any promissory note received by a Medicaid applicant or recipient or the spouse of a Medicaid applicant or recipient, after the enactment of this section, in exchange for assets which if retained by the applicant or recipient or his spouse would cause the applicant or recipient to be ineligible for Medicaid benefits, shall for Medicaid eligibility purposes be deemed to be fully negotiable under the laws of the State of South Carolina unless it contains language plainly stating that it is not transferable under any circumstances.  A promissory note will be considered valid for Medicaid purposes only if it is actuarially sound, requires monthly installments that fully amortize it over the life of the loan, and is free of any conditional or self-canceling clauses.
     8.18.      (DHHS: Fraud and Abuse Collections)  The Department of Health and Human Services may offset the administrative costs associated with controlling fraud and abuse.
     8.19.      (DHHS: Medicaid Growth)  The Department of Health and Human Services shall initiate a study with other state agencies that use Medicaid funds to examine ways to slow down the growth in Medicaid expenditures. A report on this study shall be submitted to the Governor, the Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee annually by the beginning of the Legislative Session.
     8.20.      (DHHS: Hospital Tax - Medicaid Expansion Fund)  Notwithstanding the provisions of Section 12-23-810(C) of the 1976 Code, for the current fiscal year, total annual revenues of the The tax on licensed hospitals imposed pursuant to Article 11, Chapter 23, Title 12 of the 1976 Code, must initially equal forty-nine and one-half two hundred and sixty four million dollars.  The amount of each general hospital's tax shall be derived from Schedule B, Part 1 of each hospital's cost report.  The initial annual tax shall be collected, beginning July 1, 2006, based upon the reconciled account of each general hospital under this Article considering any partial payments or uncollected portion of the previous assessment under this Article for the fiscal year ending June 30, 2006 and upon notification from the Department of Revenue, on behalf of and based upon calculations performed by the Department of Health and Human Services, each general hospital shall remit the balance due based on a payment schedule as determined by the Department of Health and Human Services.  Furthermore, beginning July 1, 2006, on the first day of each quarter, each general hospital shall remit one-fourth of a second and each successive annual tax, as calculated above, based upon operations conducted during the fiscal year ending June 30, 2007 and each successive state fiscal year, to the Department of Revenue.  The tax must be paid for each quarter a hospital is in operation.  If a hospital ceases operations, the taxes not paid as a result of the cessation of operations must be apportioned among other hospitals in operation.  In addition to the purposes specified in Section 44-6-155, monies in the Medicaid Expansion Fund shall be used to provide healthcare coverage to the Medicaid-eligible and uninsured populations in South Carolina.
     8.21.      (DHHS: Provider Reimbursement Rate Report)  The Department of Health and Human, in conjunction with the Office of Research and Statistics of the Budget and Control Board, shall prepare a report that compares the reimbursement rate of Medicaid providers to the reimbursement rate of the Medicare Program and the State Health Plan.  This report shall be completed by January 31, each year, and submitted to the Governor and the Chairmen of the Senate Finance and House Ways and Means Committees.
     8.22.      (DHHS: Medicaid Eligibility Transfer)  Notwithstanding any other provision of law, the South Carolina Department of Health and Human Services (DHHS) is hereby authorized to determine the eligibility of applicants for the South Carolina Medicaid Program.  Personnel of the Department of Social Services (DSS) engaged in this function full-time, and other DSS personnel engaged in this function who are identified by agreement of DSS and DHHS, are transferred to DHHS.  The governing authority of each county shall continue to provide office space and facility service for this function as they do for DSS functions under Section 43-3-65.
     8.23.      (DHHS: Prescription Reimbursement Payment Methodology)  The prescription dispensing fee for the current fiscal year is $4.05 per prescription filled.  Prescription reimbursements must be the lowest of: the federal upper limit of payment or South Carolina maximum allowable cost (MAC) for the drug, if any, less 10% plus the current dispensing fee; the average wholesale price (AWP) less 10%; or the provider's usual and customary charge to the general public for the dispensed product.
     8.24.      (DHHS: Franchise Fees Suspension)  Franchise fees imposed on nursing home beds and enacted by the General Assembly during the 2002 session are suspended July 1, 2002.
     8.25.      (DHHS: Medicaid Monthly Maintenance Needs Allowance)  The Department of Health and Human Services, phased-in ratably over five years, shall conform South Carolina's State Medicaid Monthly Maintenance Needs Allowance to the most current maximum amounts authorized by the Federal Government.  The department may utilize, to the extent necessary, general funds appropriated to the agency in Part IA of this act to implement the provisions of this paragraph.
     8.26.      (DHHS: Medicaid Cost Savings Suggestion Award Program)  The department is authorized to provide cash or honorary awards to employees of Medicaid providers whose suggestion is adopted by the committee administering the Medicaid Cost Savings Suggestion Award Program that will result in savings of state or federal dollars.  Employees of the department are not eligible for cash awards.  The department is authorized to fund this program from revenue from third party liability collections.  The maximum amount of funds that may be used annually for the program is $20,000.
     8.27.      (DHHS: Program Integrity Efforts)  The Department of Health and Human Services is instructed to expand its program integrity efforts by utilizing resources both within and external to the agency including, but not limited to, the ability to contract with other entities for the purpose of maximizing the department's ability to detect and eliminate provider fraud.
     8.28.      (DHHS: Pharmacy and Therapeutics Committee)  There is established within the department the Pharmacy and Therapeutics Committee.  The committee must consist of fifteen members appointed by the director and serving at his pleasure.  The members must include eleven physicians and four pharmacists licensed to practice in South Carolina and actively engaged in providing services to the South Carolina Medicaid population.  The physicians may include, but are not limited to, doctors who have experience in treating diabetes, cancer, HIV/AIDS, mental illness, and hemophilia and who practice in internal medicine, primary care, and pediatrics.  The committee shall adopt by-laws that include, at a minimum, the length of a membership.  A chairman and a vice chairman shall be elected on an annual basis from the committee membership.  Committee members must not be compensated for service on the committee.  However, committee members may be reimbursed for actual and necessary expenses incurred pursuant to discharging committee duties in an amount not to exceed the mileage and subsistence amounts allowed by law for members of boards, commissions, and committees.  The committee must meet at least quarterly and may meet at other times at the discretion of the chairman or the director of the department.  Committee meetings are subject to the provisions of the Freedom of Information Act.  The department shall publish notice of regular business meetings of the committee at least thirty days before the meeting.  However, the director or chairman may call special meetings of the committee and provide such notice as may be practical.  The committee must provide for public comment, including comment on clinical and patient care data from Medicaid providers, representatives of the pharmaceutical industry, and patient advocacy groups.  Proprietary information as defined in the trade secret law shall not be discussed.  Trade secrets as defined in Section 30-4-40(a)(1) and relevant federal law must not be publicly disclosed.  The committee must recommend to the department therapeutic classes of drugs that should be included on a Preferred Drug List.  For those recommended classes, the committee shall recommend the drug or drugs considered preferred within that class based on safety and efficacy.  In determining safety and efficacy, the committee may consider all submitted public comment or clinical information including, but not limited to, scientific evidence, standards of practice, peer-reviewed medical literature, randomized clinical trials, pharmacoeconomic studies, and outcomes research data.  The committee also shall recommend prior authorization criteria for nonpreferred drugs in the recommended therapeutic classes.  Any Preferred Drug List program implemented by the department must include:  (1) procedures to ensure that a request for prior authorization that has no material defect or impropriety can be processed within twenty-four hours of receipt; (2) procedures to allow the prescribing physician to request and receive notice of any delays or negative decision in regard to a prior authorization; (3) procedures to allow the prescribing physician to request and receive a second review of any denial of a prior authorization request; and (4) procedures to allow a pharmacist to dispense an emergency, seventy-two hour supply of a drug requiring prior authorization without such prior authorization if the pharmacist: (a) has made a reasonable attempt to contact the physician and request that the prescribing physician secure prior authorization; and (b) reasonably believes that refusing to dispense a seventy-two-hour would unduly burden the Medicaid recipient and produce an undesirable health consequences.  A grant of prior authorization for a drug is specific to the drug, rather than the actual prescription, and extends to all refills allowed pursuant to the original prescription and to subsequent prescriptions for the same drug at the same dosage provided the time allowed by the prior authorization has not expired.  A Medicaid recipient who has been denied prior authorization for a prescribed drug is entitled to appeal this decision through the department's appeals process.
     8.29.      (DHHS: Medicaid Quarterly Fiscal Impact Statements)  Effective July 1, the director must submit quarterly fiscal impact statements to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee itemizing changes to the Medicaid program for the reporting period.
     8.30.      (DHHS: Prior Authorization Exemptions)  The Department of Health and Human Services must expend funds appropriated for pharmaceutical services without prior authorization on medications prescribed to treat major depression, schizophrenia, or bipolar disorder as defined by the most recent edition of the Diagnostics and Statistical Manual of the American Psychiatric Association or following prescribing practice guidelines established by the American Psychiatric Association, or HIV/acquired immune deficiency syndrome, or oncology related pharmaceuticals.  Operational procedures necessary to insure the appropriate use and prevent the non-FDA approved use of these medications will be allowed.
     8.31.      (DHHS: Post Payment Review)  The department is directed to perform post payment reviews as permitted under Medicaid regulations to ensure compliance with the Hyde Amendment provisions as it relates to the performance of medically necessary services under the Medicaid program.  The results of such reviews shall be available to the General Assembly upon request in a format that meets the requirements of the Health Insurance Accountability and Portability Act (HIPAA) and Medicaid confidentiality regulations.
     8.32.      (DHHS: Prevention Partnership Grants)  The Department of Health and Human Services must implement a Prevention Partnership Grants Program with funds appropriated herein for prevention grants.  Of these funds $1,000,000 shall be allocated to the Department of Health and Environmental Control for HIV Prevention.  Grants must be awarded through a competitive process to government agencies, private foundations and businesses, and/or non-profit organizations that operate preventive health programs with documented outcomes.  In addition, $500,000 of these funds must be directed to federally qualified Community Health Centers for care of uninsured patients.  To prevent duplication, the department must also function as a clearinghouse for all of the state's prevention and healthy lifestyle activities identified in the activity inventories agencies submitted to the State Budget Office.  Information provided to the department for the clearinghouse must include, at a minimum, details on expenditures, administrative costs, recipients, and outcomes.  The department will use this clearinghouse to identify gaps and overlaps in the state's prevention and healthy lifestyle efforts, and then develop and present to the Governor and Chairmen of the Senate Finance, House Ways and Means, Senate Medical Affairs, and House Medical, Military, Public and Municipal Affairs Committees an interagency state prevention and healthy living plan, including guidelines for administration and distribution of prevention partnership grants, annually by September 30th.  All state agencies, whether specifically identified in this section or not, must provide information upon the department's request.
     8.33.      (DHHS: State Pharmacy Assistance Program)  For the current fiscal year, the requirements of  Section 44-130-10, et al. of the 1976 South Carolina Code of Laws, the  South Carolina Seniors' Prescription Drug Program Act, are suspended.  There is created within the department a State Pharmacy Assistance Program.  The purpose of this program is to, beginning January 1, 2006, coordinate with Medicare Part D in providing assistance to low-income, Medicare-eligible South Carolinians with their prescription drugs cost under Medicare Part D.  The department may designate or enter into contracts with other entities including, but not limited to, vendors of Medicare Part D plans, other states, governmental purchasing pools, and nonprofit organizations for administration of any part or the entirety of this program.
     A person eligible to receive benefits in this program must:  be sixty-five years of age or older; enrolled in a Medicare Part D Plan; be a resident of South Carolina; satisfy annual income and resource criteria established by the department; and pay the annual enrollment fee established by the department.
     Program benefits may only be provided on prescription drugs as defined in this provision.  Beginning with the 2006 calendar year, the department must annually establish program benefits provided that, at a minimum, initiate when an enrollee's annual prescription drug expenses have reached the Medicare Part D annual coverage limit, are limited to the amount the enrollee's Medicare Part D Plan would have covered if the annual coverage limit had not been reached, and terminate when the enrollee's annual prescription drug expenses have reached the Medicare Part D annual out-of-pocket threshold.
     "Prescription drugs" means outpatient prescription drugs that: have been approved by the United States Food and Drug Administration; and are included in the enrollee's selected Medicare Part D Plan formulary; and are rebated to the department by the manufacturer at an amount equal to the standard Medicaid rebate amount received by the department for the same drug when reimbursed through the Medicaid program.  Prescription drugs do not include experimental drugs and over-the-counter pharmaceutical products.  "Program" means the State Pharmacy Assistance Program created within the department pursuant to this provision.
     8.34.      (DHHS: Trauma Fund)  From the funds appropriated for this purpose, the department is directed to establish a Trauma Fund.  Sixty percent of the fund shall be used to create a pool to be allocated to trauma hospitals based on reimbursement methodology to be determined by the department.  Forty percent of the fund shall be used to increase reimbursement for trauma specialists' professional services.  The identification of trauma specialists and reimbursement methodology shall be determined by the department.  The department shall apply federal matching funds subject to approval by the Center for Medicare and Medicaid Services.  This proviso takes effect October 1, 2005.
     8.35.      (DHHS: Commission on Healthcare Access Recommendations)  The Department of Health and Human Services is authorized to develop and implement pilot projects based on the recommendations of the South Carolina Commission on Healthcare Access for the purpose of providing health care to individuals identified by the commission who are uninsured and have limited resources.  Any pilot project developed pursuant to this section may not be implemented until it is approved by the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee.
     8.36.      (DHHS: Medical Homes Network)  During the current fiscal year, the department shall implement a Medical Homes Network (MHN), comparable to those already established by the department, in one or more metropolitan areas of the state including Charleston, Columbia, and Greenville and as described in this paragraph.  In this implementation, the department shall contract with a management-services organization (MSO) or administrative-services organization (ASO) that will: (a) assist local physicians in developing a MHN; (b) be dedicated to providing support to the MHN; and (c) support the goals of South Carolina's Medicaid Program.  The MHN(s) must be a primary care case-management program that is "provider friendly" with detailed reporting of activities, effective care management strategies, and strong physician incentives.  The primary care physicians shall lead the clinical programs of the network.  The department shall partner with the MHN(s) with the objectives of improving the quality of health care and reducing costs of the participating members.  The program must be based on a shared savings, with the shared savings administered through the department's contract with the MSO/ASO, and with the entire program being funded from its share of the savings, and the state's share of savings returned to the department.  Savings must be calculated by a "look back" at claims experience.  An independent actuary under contract with the department must be used to make the appropriate case-mix adjustments of the populations being compared.  The savings must be defined by a reduction in the cost of care of enrolled, versus the cost of care of comparable un-enrolled, Medicaid beneficiaries.  The program must use a case-mix adjustment that encourages the MHN(s) to enroll and manage "sick" and "well" beneficiaries.  The selected MSO/ASO, in the opinion of the department, shall have appropriate qualifications.  In selecting the MSO/ASO, the department shall give strong preference to any MSO/ASO that has experience in network development, medical management, including disease management, complex-case management, medical economics, and managed care.
     8.37.      (DHHS: Healthcare Growth Task Force)  A task force shall be established to study the growth of healthcare in the State of South Carolina.  The task force is to examine healthcare trends throughout the state and develop a statewide program to slow the growth of healthcare.  The task force is to make recommendations and present them to the General Assembly by January 28, 2020.
     The task force shall consist of the following members:  an appointee by the Governor; a member of the House of Representatives appointed by the Speaker of the House; a member of the House of Representatives appointed by the Chairman of the House Ways and Means Committee; a member of the Senate appointed by the President Pro Tempore of the Senate; a member of the Senate appointed by the Chairman of the Senate Finance Committee; the Director of the Department of Health and Human Services or his designee; the Director of the Department of Health and Environmental Control or his designee; two Medicaid recipients; a healthcare provider; a representative from a not-for-profit organization (501 C); a representative from the Small Business Chamber; a representative from the SC Chamber of Commerce; a representative from an insurance company; a representative from a pharmaceutical company; two un-insured individuals; two under-insured individuals; and two representatives from community-based organizations.
     The findings of this task force are to be reported quarterly.  The quarterly report shall be submitted to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee.
     The task force shall be established within one month of the effective date of this proviso and shall terminate upon completion of the guidelines.  The Department of Health and Human Services shall provide the necessary administrative and research support for the task force.  Members of the task force shall serve without compensation.
     8.38.      (DHHS: Hemophilia Assistance Program)  Notwithstanding any other provisions of this act, the funds appropriated herein for the hemophilia assistance program ($1,222,013) shall not be transferred to other programs within the department and when instructed by the Budget and Control Board or the General Assembly to reduce funds within the department by a certain percentage, the department may not act unilaterally to reduce the funds for any hemophilia assistance program provided for herein greater than such stipulated percentage.
     Administration of the Hemophilia Assistance Program shall be conducted in accordance with national standards as provided by recommendations of the Medical and Scientific Advisory Council, National Hemophilia Foundation, November 8, 2003.
     8.39.      (DHHS: Budget Realignment)  The Department of Health and Human Services shall be authorized to realign its detailed budget into a revised structure to reflect actual agency operations.
     8.40.      (DHHS: Group Home Contingency Fund)  The department is authorized to implement and manage a contingency fund from unexpended funds appropriated for targeted case management or funds allocated to the department through this proviso for the purpose of funding future potential losses of Federal Financial Participation (FFP) used to reimburse group homes with a capacity of more than 16 beds that have contracted with the department to primarily provide diagnosis, treatment, or care to children under the age of 21 that have a diagnosis of mental disease.
     8.41.      (DHHS: Medicaid Cost and Quality Effectiveness)  The Department of Health and Human Services shall establish a procedure to assess the various forms of managed care (Health Maintenance Organizations and Medical Home Networks, and any other forms authorized by the department) to measure cost effectiveness and quality.  These measures must be conducted by December 15 of each year.  In addition to the cost effectiveness calculations, HMOs and MHNs must conduct annual patient and provider satisfaction surveys equivalent to those sanctioned by nationally recognized managed care accrediting organizations.  Cost effectiveness shall be determined in an actuarially sound manner and data must be aggregated in a manner to be determined by a third party actuary in order to adequately compare cost effectiveness of the different managed care programs.  The program measures must use a case-mix adjustment that encourages the managed care organizations to enroll and manage all beneficiaries.  The results of the cost effectiveness calculations and the patient and provider satisfaction surveys must be made available to the Speaker of the House, Chairman of the Ways and Means Committee, President Pro Tempore of the Senate, and Chairman of the Senate Finance Committee no less than 45 days after the measures have been collected.
     8.42.      (DHHS: Targeted Case Management)  In the event the General Assembly funds in Part IA, Section 8 of the budget, funds for targeted case management, sixteen million, five hundred thousand dollars ($16,500,000) of these funds must be used for the targeted case management needs of the Department of Social Services and be spent in accordance with the language of proviso 8.40 of the Fiscal Year 06-07 appropriations act.
     8.43.      (DHHS: Program for All-Inclusive Care for the Elderly)  By September 1, 2006, the Department of Health and Human Services shall establish a study committee to develop a plan for the expansion of the PACE Program to Orangeburg and Calhoun Counties.

SECTION 9 - J04 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

     9.1.      (DHEC: County Health Departments Funding)  Out of the appropriation provided in this section for "Access to Care", the sum of $25,000 shall be distributed to the county health departments by the commissioner, with the approval of the Board of Department of Health and Environmental Control, for the following purposes:
           1.      To insure the provision of a reasonably adequate public health program in each county.
           2.      To provide funds to combat special health problems that may exist in certain counties.
           3.      To establish and maintain demonstration projects in improved public health methods in one or more counties in the promotion of better public health service throughout the State.
           4.      To encourage and promote local participation in financial support of the county health departments.
           5.      To meet emergency situations which may arise in local areas.
           6.      To fit funds available to amounts budgeted when small differences occur.
     The provisions of this proviso shall not supersede or suspend the provisions of Section 13-7-30 of the 1976 Code.
     9.2.      (DHEC: County Special Projects)  Counties may continue to fund special projects in conjunction with the county health departments.  Salaries for county special project employees, including merit increases and fringe benefits, shall be totally funded by the counties involved.  County special project employees shall not be under the state compensation plan and they shall receive their compensation directly from the counties.
     9.3.      (DHEC: County Health Units)  Federal funds made available to the Department of Health and Environmental Control for the allocation to the counties of the State for operation of county health units be allotted on a basis approved by the Board of the Department of Health and Environmental Control and the amount of state funds appropriated herein for Access to Care, except for salary increases, shall be allocated on a basis such that no county budget shall receive less than the amount received in the prior fiscal year.
     9.4.      (DHEC: Camp Burnt Gin)  Private donations or contributions for capital improvements at Camp Burnt Gin shall be deposited in a restricted account and carried forward until sufficient amounts are available for such improvements.  Any expenditures from the account must first be approved by the Budget and Control Board and the Joint Bond Review Committee.
     9.5.      (DHEC: Children's Rehabilitative Services)  The Children's Rehabilitative Services shall be required to utilize any available financial resources including insurance benefits and/or governmental assistance programs, to which the child may otherwise be entitled in providing and/or arranging for medical care and related services to physically handicapped children eligible for such services, as a prerequisite to the child receiving such services.
     9.6.      (DHEC: Cancer/Hemophilia)  Notwithstanding any other provisions of this act, the funds appropriated herein for prevention, detection and surveillance of cancer as well as providing for cancer treatment services $1,021,119 and the hemophilia assistance program, $1,222,013 shall not be transferred to other programs within the agency and when instructed by the Budget and Control Board or the General Assembly to reduce funds within the department by a certain percentage, the department may not act unilaterally to reduce the funds for any cancer treatment program and hemophilia assistance program provided for herein greater than such stipulated percentage.
     9.7.      (DHEC: Speech & Hearing)  The Department of Health and Environmental Control shall utilize so much of the funds appropriated in this section as may be necessary to continue the Speech and Hearing programs.
     9.8.      (DHEC: Local Health Departments)  Counties of the state will be relieved of contribution requirements for salary, fringe benefits and travel reimbursement to local health departments.  The amount of $5,430,697 is appropriated for county health department salaries, fringe benefits and travel.  These funds and other state funds appropriated for county health units may, based upon need, be utilized in either salary or travel categories.  Each county shall provide all other operating expenses of the local health department in an amount at least equal to that appropriated for operations for each county in Fiscal Year 1981.  In the event any county makes uniform reductions in appropriations to all agencies or departments for maintenance and operations, exclusive of salaries and fringe benefits, a like reduction shall be made in funds appropriated for the operating expenses of the local health department.
     9.9.      (DHEC: Insurance Refunds)  The Department of Health and Environmental Control is authorized to budget and expend monies resulting from insurance refunds for prior year operations for case services in family health.
     9.10.      (DHEC: Emergency Medical Services)  Funds appropriated herein for Emergency Medical Services, shall be allocated for the purpose of improving and upgrading the EMS system throughout the state.  The monies allocated to the Counties are for the purpose of improving or upgrading the local EMS system through the licensed ambulance services, the monies allocated to the EMS Regional Councils are for the administration of training programs and technical assistance to local EMS organizations and county systems.  All additional funds are to be allocated as follows:  to the counties at the ratio of 81% of the additional funds appropriated herein, to the EMS Regions at a ratio of 12% of the additional funds appropriated herein and to the state EMS Office at the ratio of 7% of the additional funds appropriated herein.  The Department of Health and Environmental Control shall develop criteria and guidelines and administer the system to make allocations to each region and county within the state, based on demonstrated need and local match.  Funds appropriated, $2,138,803, to Emergency Medical Services shall not be transferred to other programs within the department's budget.  Unexpended funds appropriated to the program may be carried forward to succeeding fiscal years and expended for administrative and operational support (excluding salaries).  In addition, when instructed by the Budget and Control Board or the General Assembly to reduce funds by a certain percentage, the department may not reduce the funds appropriated for EMS Regional Councils or Aid to Counties greater than such stipulated percentage.
     9.11.      (DHEC: Rape Violence Prevention Contract)  Of the amounts appropriated in Rape Violence Prevention, $586,346 shall be used to support programmatic efforts of the state's rape crisis centers with distribution of these funds based on the Department of Health and Environmental Control Rape Violence Prevention Program service standards and each center's accomplishment of a pre-approved annual action plan.
     9.12.      (DHEC: Sickle Cell Blood Sample Analysis)  $16,000 is appropriated in Independent Living for the Sickle Cell Program for Blood Sample Analysis and shall be used by the department to analyze blood samples submitted by the four existing regional programs - Region I, Barksdale Sickle Cell Anemia Foundation in Spartanburg; Region II, Clark Sickle Cell Anemia Foundation in Columbia; Region III, Committee on Better Racial Assurance Hemoglobinopathy Program in Charleston; and the Orangeburg Area Sickle Cell Anemia Foundation.
     9.13.      (DHEC: Sickle Cell Programs)  $1,425,000 is appropriated for Sickle Cell program services and shall be apportioned as follows:
           (1)      67% is to be divided equitably between the existing Community Based Sickle Cell Programs located in Spartanburg, Columbia, Orangeburg, and Charleston; and
           (2)      33% is for the Community Based Sickle Cell Program at DHEC.
     The funds shall be used for providing prevention programs, educational programs, testing, counseling and newborn screening.  The balance of the total appropriation must be used for Sickle Cell Services operated by the Independent Living program of DHEC.  The funds appropriated to the community based sickle cell centers shall be reduced to reflect any percent reduction assigned to the Department of Health and Environmental Control by the Budget and Control Board; provided, however, that the department may not act unilaterally to reduce the funds for the Sickle Cell program greater than such stipulated percentage.  The department shall not be required to undertake any treatment, medical management or health care follow-up for any person with sickle cell disease identified through any neonatal testing program, beyond the level of services supported by funds now or subsequently appropriated for such services.  No funds appropriated for ongoing or newly established sickle cell services may be diverted to other budget categories within the DHEC budget.
     9.14.      (DHEC: Genetic Services)  The sum of $194,856 appearing under the Independent Living program of this Act shall be appropriated to and administered by the Department of Health and Environmental Control for the purpose of providing appropriate genetic services to medically needy and underserved persons.  Such funds shall be used by the department to administer the program and to contract with appropriate providers of genetic services.  Such services will include genetic screening, laboratory testing, counseling, and other services as may be deemed beneficial by the department, and these funds shall be divided equally among the three Regional Genetic Centers of South Carolina, composed of units from the Medical University of South Carolina, the University of South Carolina School of Medicine, and the Greenwood Genetic Center.
     9.15.      (DHEC: Revenue Carry Forward Authorization)  The Department of Health & Environmental Control is hereby authorized to collect, expend, and carry forward revenues in the following programs: Sale of Goods (confiscated goods, arm patches, etc.), sale of meals at Camp Burnt Gin, sale of publications, brochures, Spoil Easement Areas revenue, performance bond forfeiture revenue for restoring damaged critical areas, beach renourishment appropriations, photo copies and certificate forms, including but not limited to, pet rabies vaccination certificate books, sale of listings and labels, sale of State Code and Supplements, sale of films and slides, sale of maps, sale of items to be recycled, including, but not limited to, used motor oil and batteries, sale and/or licensing of software products developed and owned by the Department, and collection of registration fees for non-DHEC employees.  Any unexpended balance carried forward must be used for the same purpose.
     9.16.      (DHEC: Pharmacist Permits)  The Department of Health and Environmental Control shall be exempted from the requirements of Section 40-43-83 of the 1976 Code of Laws, as amended, as it relates to the requirement that all facilities distributing or dispensing prescription drugs must be permitted by the Board of Pharmacy and the requirement that each pharmacy shall have a pharmacist-in-charge.  Each DHEC Health District shall be required to have a permit to distribute or dispense prescription drugs.  Further, the department shall be exempted from the requirements of Section 40-43-86 of the 1976 Code of Laws, as amended, as it relates to the requirement that a pharmacist may not serve as pharmacist-in-charge unless he is physically present in the pharmacy and the requirement that a pharmacist may not serve as a pharmacist-in- charge for more than one pharmacy at a time, so that one pharmacist-in-charge may be designated by the department for more that one district.
     9.17.      (DHEC: Medicaid Nursing Home Bed Days)  Pursuant to Section 44-7-84(A) of the 1976 Code, the maximum number of Medicaid patient days for which the Department of Health and Environmental Control is authorized to issue Medicaid nursing home permits is 4,452,015.
     9.18.      (DHEC: Health Licensing Fee)  Funds resulting from an increase in the Health Licensing Fee Schedule shall be retained by the department to fund increased responsibilities of the health licensing programs.  Failure to submit a license renewal application or fee to the department by the license expiration date shall result in a late fee of $75 or 25% of the licensing fee amount, whichever is greater, in addition to the licensing fee.  Continual failure to submit completed and accurate renewal applications and/or fees by the time period specified by the department shall result in enforcement actions.  The department may waive any or all of the assessed late fees in extenuating circumstances, as long as it is with public knowledge.
     9.19.      (DHEC: Medical & Dental Loan Program)  Notwithstanding other provisions of law, unobligated funds in the Medical & Dental Loan program may be expended for other health service programs.
     9.20.      (DHEC: Infectious Waste Contingency Fund)  The Department of Health and Environmental Control is authorized to use not more than $75,000 from the Infectious Waste Contingency Fund per year for personnel and operating expenses to implement the Infectious Waste Act.
     9.21.      (DHEC: Nursing Home Medicaid Bed Day Permit)  When transfer of a Medicaid patient from a nursing home is necessary due to violations of state or federal law or Medicaid certification requirements, the Medicaid patient day permit shall be transferred with the patient to the receiving nursing home.  The receiving facility shall apply to permanently retain the Medicaid patient day permit within sixty days of receipt of the patient.
     9.22.      (DHEC: Mineral Sets Revenue)  The department is authorized to charge a reasonable fee for mineral sets.  Funds generated from the sale of mineral sets may be retained by the department in a revolving account with a maximum carry forward of $2,000 and must be expended for mineral set supplies and related mining and reclamation educational products.
     9.23.      (DHEC: Spoil Easement Areas Revenue)  The department is authorized to collect, retain and expend funds received from the sale of and/or third party use of spoil easement areas, for the purpose of meeting the State of South Carolina's responsibility for providing adequate spoil easement areas for the Atlantic Intracoastal Waterway in South Carolina.  Any unexpended balance on June 30, of the prior fiscal year would be carried forward into the next fiscal year and expended for the same purposes.
     9.24.      (DHEC: Performance Bond Forfeiture Revenue Carry Forward)  The department is authorized to retain and expend revenue derived from forfeiture of performance bonds to cover the cost of restoring damaged critical areas.  Any unexpended balance on June 30, of the prior fiscal year would be carried forward into the next fiscal year and expended for the same purposes.
     9.25.      (DHEC: Per Visit Rate)  The SC DHEC is authorized to compensate nonpermanent, part-time employees on a fixed rate per visit basis.  Compensation on a fixed rate per visit may be paid to employees for whom the department receives per visit reimbursement from other sources.  These individuals will provide direct patient care in a home environment.  The per visit rate may vary based on the discipline providing the care and the geographical location of services rendered.  Management may pay exempt or nonexempt employees as defined by the Fair Labor Standards Act only when they are needed to work.  Individuals employed in this category may exceed twelve months, but are not eligible for State benefits except for the option of contributing to the State Retirement System.
     9.26.      (DHEC: Allocation Patient Days)  The department will allocate additional Medicaid patient days authorized above the previous fiscal year's level based on the percentage of the additional requested Medicaid patient days and a percentage of the need indicated by the Community Long Term Care waiting list in priority order: (1) to those nursing homes currently holding a Medicaid nursing home permit; (2) to those nursing homes that are currently licensed, but do not participate in the Medicaid program; (3) to those nursing homes that have been approved under the Certificate of Need program.
     9.27.      (DHEC: Certificate of Public Advantage)  Notwithstanding Regulation 61-31, Health Care Cooperative Agreements and other provisions of law, should the department of Health and Environmental Control issue a Certificate of Public Advantage, the applicant will pay to the department, an annual monitoring fee to cover the actual cost of audits and monitoring.  This fee shall be used by the department in whatever manner solely for the purpose of monitoring Certificates of Public Advantage as set forth in Section 44-7-570(A).
     9.28.      (DHEC: Beach Restoration Projects)  Appropriations for Beach Restoration Projects which are certified by the department as excess to the final State share of project costs shall be allocated by the department to other beach restoration projects on a priority basis in accordance with R.30-20.
     9.29.      (DHEC: Allocation of Indirect Cost and Recoveries)  The department shall continue to deposit in the general fund all indirect cost recoveries derived from state general funds participating in the calculation of the approved indirect cost rate.  Further administration cost funded with other funds used in the indirect cost calculation shall, based on their percentage, be retained by the agency to support the remaining administrative costs of the agency.
     9.30.      (DHEC: MCH-Abstinence Education)  The agency under contract with the State of South Carolina as of December 2000, and funded with federal funds under the provisions of Title V, Section 510, must continue to be under contract at the same funding level, for the same purposes for the current fiscal year until September 30, 2004.  Applicants for Title V, Section 510 funding must have a proven and public history of having effectively implemented a program using a National Abstinence Clearinghouse (NAC) approved curricula for a minimum of one year prior to their application for the abstinence-only federal funds.  NAC is the agency the federal Department of Health and Human Services has chosen to provide a comprehensive, national list of approved abstinence-only education curricula that is consistent with the A through H legislative requirements defined in Title V, Section 510(b)(2).  A five member committee shall oversee the bid process.  The five member committee shall be composed as follows:  the President Pro Tempore of the Senate shall appoint two members of the committee, the Speaker of the House shall appoint two members of the committee and the Governor shall appoint one member of the committee.
     9.31.      (DHEC: Church/Charitable Organization Food Preparation)  The Department of Health and Environmental Control shall not use any funds appropriated or authorized to the department to enforce Regulation 61-25 to the extent that the regulation would prohibit churches and charitable organizations from preparing and serving food to the public on their own premises at not more than one function a month or not more than twelve functions a year.
     9.32.      (DHEC: Permitted Site Fund)  The South Carolina Department of Health and Environmental Control may expend funds as necessary from the permitted site fund established pursuant to Section 44-56-160(B)(1), for legal services related to environmental response, regulatory, and enforcement matters, including administrative proceedings and actions in state and all federal courts.
     9.33.      (DHEC: Health Disparities Study)  The Department of Health and Environmental Control will provide leadership in the implementation of the State Health Improvement Plan with specific goals similar to the national Healthy People 2010 goals and targeting health disparities among our state's minority population.  The Plan will address the areas of diabetes, cardiovascular disease, stroke, cancer, HIV/AIDS, infant mortality and childhood/adult immunizations.  Working with public and private health care institutions, state agencies and providers, DHEC will provide leadership in the coordination of services, elimination of duplication and coordination of federal and state funding.
     9.34.      (DHEC: Use of Radiological Fees)  Notwithstanding Section 13-7-85 of the 1976 Code of Laws, the Department of Health and Environmental Control is authorized to retain all funds generated above monies remitted to the general fund in FY 2000-2001 from fees listed in regulation R61-64 Title B (X-Rays).
     9.35.      (DHEC: Head Lice)  Notwithstanding any other provision of law, the Department of Health and Environmental Control is authorized to expend $200,000 in other fund accounts in order to fund the head lice program statewide.
     9.36.      (DHEC: Shift Increased Funds)  The Director is authorized to shift increased appropriated funds in this Act to offset shortfalls in other critical program areas.
     9.37.      (DHEC: Health Licensing Monetary Penalties)  In the course of regulating health care facilities/services, the Division of Health Licensing (DHL) assesses civil monetary penalties against nonconforming providers.  DHL shall retain up to the first $50,000 of civil monetary penalties collected each fiscal year and these funds shall be utilized solely to carry out and enforce the provisions of regulations applicable to that Division.  These funds shall be separately accounted for in the Department's fiscal records.
     9.38.      (DHEC: Health Facility Monetary Penalties)  In the course of regulating health care facilities/services, the Bureau of Health Facilities and Services Development (BHF) assesses civil monetary penalties against nonconforming providers.  BHF shall retain up to the first $100,000 of civil monetary penalties collected each fiscal year and these funds shall be utilized solely to carry out and enforce the provisions of regulations applicable to that Bureau.  These funds shall be separately accounted for in the Department's fiscal records.
     9.39.      (DHEC: Radiological Health Monetary Penalties)  In the course of regulating health care facilities/services, the Bureau of Radiological Health (BRH) assesses civil monetary penalties against nonconforming providers.  BRH shall retain up to the first $30,000 of civil monetary penalties collected each fiscal year and these funds shall be utilized solely to carry out and enforce the provisions of regulations applicable to that Bureau.  These funds shall be separately accounted for in the Department's fiscal records.
     9.40.      (DHEC: Nonionizing Radiation Inspections)  The department shall have no duty to inspect a source of nonionizing radiation unless it has received credible information indicating a violation of applicable statutes or regulations or the existence of an emergency.
     9.41.      (DHEC: Recreational Waters Fees)  In addition to those fees already authorized, funds resulting from an increase in the Recreational Waters Fee Schedule as stated below shall be retained by the department to fund responsibilities for recreational waters permitting and inspection programs.
           (a)      Construction Permit Application Fees:
                 (i)      Type "A," "B," "C," "D," and, "F" Pools (as defined in 24A S.C. Code Ann. Regulation 61-51) - $400 plus $.50 per square foot of surface area;
                 (ii)      Type "E" Pools (as defined in 24A S.C. Code Ann. Regulation 61-51) - $1,000 per flume (including minimum required design landing area) or water course, to include water slide.  Additional area above minimum required landing area and all other Type "E" pools will be charged according to (i) above;
                 (iii)      The Department may collect an additional $250 from the owner for each repeat final inspection that is required due to incomplete construction or construction that is not in accordance with permitted plans and specifications.
           (b)      Annual Operating Permits:
                 (i)      Type "A," "B," "C," "D," and "F" Pools - $125 for the first pool on a property plus $100 for each additional pool on the same property;
                 (ii)      Type "E" Pools - $125 per flume or water course.
     9.42.      (DHEC: Prohibit Use of Funds)  The Department of Health and Environmental Control must not use any state appropriated funds to terminate a pregnancy or induce a miscarriage by chemical means.
     9.43.      (DHEC: Cervical Cancer Study)  The department is directed to study strategies and new technologies that are effective in preventing and controlling cervical cancer.  Because of the proven cost effectiveness of vaccines this method of prevention should be one of the areas of focus of the study.  In developing the study the DHEC Commissioner shall consult with groups and/or institutions with expertise in the prevention and treatment of cervical cancer.  The groups selected to provide consultation shall be at the discretion of the Commissioner.  The findings of the study shall be provided in a report to the Chairman of the Senate Medical Affairs Committee and the Chairman of the House Medical, Military, Public Affairs Committee no later than October 14, 2005.
     9.44.      (DHEC: Meals in Emergency Operations)  The cost of meals may be provided to state employees who are required to work during actual emergencies and emergency simulation exercises when they are not permitted to leave their stations.
     9.45.      (DHEC: Compensatory Payment)  In the event the President of the United States has declared a state of emergency or the Governor has declared a state of emergency in a county in the State, Fair Labor Standards Act exempt employees of the department may be paid for actual hours worked in lieu of accruing compensatory time, at the discretion of the agency Director, and providing funds are available.
     9.46.      (DHEC: Annual Beach Profile Beach Renourishment and Monitoring)  Funds allocated for beach renourishment shall be spent in accordance with the priorities established by the department.  If state funds are made available from any general revenue, capital, surplus or bond funding appropriated to the department for beach renourishment and maintenance, the department shall be able to expend not more than $100,000 of these funds annually to support annual beach profile monitoring coast wide to enable the department to determine erosion rates and to identify priority areas needing renourishment and maintenance to mitigate erosion and storm damage potential.  Appropriations for beach renourishment projects that are certified by the department as excess to the final State share of project costs and the annual coast wide monitoring costs shall be allocated by the department to other beach renourishment projects on a priority basis in accordance with R.30-18.  Section 48-39-320 of the 1976 Code, as amended, requires that monitoring be conducted to fulfill the purposes of the S.C. Beachfront Management Act.  Federal funds previously utilized for this purpose since the inception of the program are no longer available.
     9.47.      (DHEC: Beach Renourishment)  Funds allocated for beach renourishment shall be spent in accordance with the priorities established by the Office of Coastal Resource Management.
     9.48.      (DHEC: Certificate of Need Process Joint Ad-Hoc Committee)  There is established a Joint Ad-Hoc Committee to examine the certificate of need process in South Carolina.  This committee will be composed of five members of the House of Representatives appointed by the Speaker of the House and five members of the Senate appointed by the President Pro Tempore of the Senate.
     Members of the committee shall receive the mileage, subsistence, and per diem allowed by law.  The findings and recommendations of the committee must be submitted to the General Assembly no later than January 1, 2006.
     9.49.      (DHEC: Competitive Grants)  Of funds appropriated to the department for Competitive Grants, these funds may be released to local subdivisions or nonprofit organizations for health  or environmental purposes only upon the approval of the Grants Committee of the Budget and Control Board.  The agency is prohibited from transferring these funds to other programs.  In addition, the agency may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee.
     9.50.      (DHEC: Incineration of Hazardous Waste)  For the current fiscal year and in addition to the fee imposed pursuant to Section 44-56-170(F)(1) of the 1976 Code, there is imposed a fee of ten dollars a ton on the incineration of hazardous waste in this State, regardless of where the waste was generated.  This additional fee is imposed and must be collected in the same manner that the fee imposed pursuant to Section 44-56-170(F)(1) is imposed and collected except that the revenue of this fee must be credited to the Hazardous Waste Contingency Fund to defray costs of governmental response actions at uncontrolled hazardous waste sites and fund activities authorized pursuant to Section 44-56-165 of the 1976 Code and for the purpose of response actions arising from accidents occurring within the State in the transportation of hazardous materials.
     9.51.      (DHEC: Hazardous Waste Contingency Fund)  Proviso 9.56 of Act 115 of 2005 is hereby declared by the General Assembly to be null and void.  The department is directed to return any funds collected under said proviso and abstain from collecting any further funds under that authorization.  The department is relieved from any future audit exception concerning the collection and expenditure of funds authorized by that proviso.
     Beginning on July 1, 2006, all interest accruing on funds collected and held pursuant to Section 44-56-160(E) must be credited to the Hazardous Waste Contingency Fund and authorized for expenditure by the department to defray costs of governmental response actions at uncontrolled hazardous waste sites and for the purpose of response actions incidental to the transportation of hazardous materials.
     9.52.      (DHEC: Antibiotic Resistance Study Committee)  A committee is established to study the incidence of antibiotic resistance in South Carolina.  The committee is directed to develop a statewide strategy for slowing the increasing rate of antibiotic resistance.  The committee shall consist of the following members:  the director of the Department of Health and Environmental Control or his designee, the director of the Department of Health and Human Services or his designee, the president of the South Carolina Hospital Association or his designee, the president of the South Carolina Alliance of Health Plans or his designee, the president of the South Carolina Medical Association or his designee, and the president of the Pharmaceutical Manufacturers Association or his designee.  Members of the study committee shall serve without compensation.
     The committee shall receive staff support from the Department of Health and Environmental Control, the Department of Health and Human Services, the House of Representatives, and the Senate.  The results of this committee are to be reported to the General Assembly by January 15, 2007.  
     9.53.      (DHEC: Suicide Prevention Plan)  The department shall provide $50,000 to the Mental Health Association in South Carolina to implement the South Carolina Suicide Prevention Plan formulated by the South Carolina Suicide Task Force.
     9.54.      (DHEC: Local Assistance for Protection and Restoration of Coastal Waters and Tidelands)  The department shall develop criteria and guidelines to administer the Competitive Grant Program for Local Assistance for Protection and Restoration of Coastal Waters and Tidelands in accordance with state and federal coastal zone management policies.  Of funds appropriated under this grant program, the department is authorized to release funds to local entities for environmental purposes based on the criteria established by the department.  The department is prohibited from transferring these funds to other programs.
     9.55.      (DHEC: South Carolina State Trauma Care Fund)  Of the funds appropriated to the South Carolina State Trauma Care Fund, $4,000,000 shall be utilized for increasing the reimbursement rates for trauma hospitals, for trauma specialists' professional fee, for increasing the capability of EMS trauma care providers from counties with a high rate of traumatic injury deaths to care for injury patients, and for support of the trauma system, based on a methodology as determined by the department with guidance and input from members of the medical and trauma providers community.  The methodology to be developed will include a breakdown of disbursement of funds by percentage, with a proposed 75% disbursed to hospitals and trauma physician fees, 21% disbursed to EMS providers in counties with high trauma mortality rates, and 4% allocated to the department for administration of the fund and support of the trauma system.

SECTION 10 - J12 - DEPARTMENT OF MENTAL HEALTH

     10.1.      (DMH: Medicare Revenue)  All Federal Funds received by the Department of Mental Health from patients' Medicare benefits shall be considered as patient fees under the provision of Act No. 1276 of the 1970 Acts (provision for the issuance of bonds to be repaid from patient fees) except that the department shall remit to the General Fund of the State $290,963 from such funds to support the appropriation for administrative costs of the collection of Medicare benefits.  The department shall retain and expend up to $3 million of all Medicare revenue earned prior to July 1, of the prior fiscal year, but received in the current fiscal year from cost recovery efforts, all additional prior earnings shall be remitted to the general fund, except that the cost and fees of identifying and collecting such additional Medicare revenue to which the department is entitled may be paid from funds actually collected from such efforts.
     10.2.      (DMH: Paying Patient Account)  Notwithstanding any other provision of law and in addition to other payments provided in Part I of this act, the Department of Mental Health is hereby directed during the current fiscal year to remit to the General Fund of the State the amount of $3,800,000 $3,600,000 to be paid from the surplus funds in the paying patient account which has been previously designated for capital improvements and debt service under the provisions of Act 1276 of 1970.  It is the intent of the General Assembly to assist the department to reduce and eventually eliminate this obligation to the general fund.
     10.3.      (DMH: Patient Fee Account)  Notwithstanding any other provisions of law and in addition to other payments provided in Part I of this Act, the Department of Mental Health is hereby authorized during the current fiscal year, to provide the funds budgeted herein for $6,214,911 for departmental operations, $400,000 for the Continuum of Care, $50,000 for the Alliance for the Mentally Ill, $250,000 for S.C. SHARE Self Help Association Regarding Emotions, $50,000 for Palmetto Pathways, $50,000 for New Day Clubhouse, $15,000 for the Children's Advocacy Center of Spartanburg, and all fees collected at the Campbell Nursing Home and other veterans facilities for day-to-day operations, from the Patient Fee Account which has been previously designated for capital improvements and debt service under provisions of Act 1276 of 1970.  The Department of Mental Health is authorized to fund the cost of Medicare Part B premiums from its Patient Fee Account up to $150,000.  The South Carolina Alliance for the Mentally Ill, the South Carolina Self-Help Association Regarding Emotions, Palmetto Pathways, New Day Clubhouse, and the Children's Advocacy Center of Spartanburg shall provide an itemized budget before the receipt of funds and quarterly financial statements to the Department of Mental Health.  DMH is authorized to use unobligated Patient Paying Fee Account funds for community transition programs.  The funds made available shall be utilized consistently with the Transition Leadership Council's definition of severely mentally ill children and adults.  The department shall report their use of these funds to the Senate Finance Committee and the House Ways and Means Committee.  This amendment is made notwithstanding other obligations currently set forth in this proviso.
     10.4.      (DMH: Institution Generated Funds)  The Department of Mental Health is authorized to retain and expend institution generated funds which are budgeted.
     10.5.      (DMH: Transfer of Patients to DDSN)  DMH is authorized to transfer to the Department of Disabilities & Special Needs, state appropriations to cover the state match related to expenditures initiated as a result of the transfer of appropriate patients from DMH to the Department of Disabilities & Special Needs.  Notwithstanding any other provisions of law and in addition to other payments as authorized in this Act, DMH is also authorized to utilize up to $500,000 from the Patient Fee Account to help defray costs of these transferees.
     10.6.      (DMH: Practice Plan)  Employees of the department affiliated with the University of South Carolina School of Medicine, who hold faculty appointments in the School, may participate in the School's Practice Plan provided that participation not take place during regular working hours.  Funds generated by such participants shall be handled in accordance with University policies governing Practice Plan funds.
     10.7.      (DMH: Sexual Predator Program)  The department shall maintain a budget program to be titled the "Sexual Predator Act."  Funds appropriated and positions authorized for programs related to this act shall be shown as separate line items in this program.  These funds may be used to reimburse the department for expenses associated with the program in the prior fiscal year, but cannot otherwise be transferred to other programs.  A person who is required to register annually as a sex offender, annually must undergo sex offender counseling offered by the Department of Mental Health pursuant to the Sexual Predator Act and be evaluated by the department to ensure that he or she continues to pose no sexual threat to his community.
     If probable cause is found by the multidisciplinary team established in Section 44-48-50 and the Prosecutors Review Committee established in Section 44-48-60 to deem a person a sexually violent predator pursuant to Section 44-48-30, before a hearing is held by a judge of competent jurisdiction, the person must undergo a mental health evaluation conducted by the Department of Mental Health.
     10.8.      (DMH: Huntington's Disease)  Of funds appropriated, the Department of Mental Health shall designate $150,000 for administrative and personnel costs for Huntington's Disease clinical services within the Department of Mental Health.
     10.9.      (DMH: Alzheimer's Funding)  Of the funds appropriated to the Department of Mental Health for Community Mental Health Centers, $405,000 $1,000,000 must be used for contractual services to provide respite care and diagnostic services to those who qualify as determined by the Alzheimer's Disease and Related Disorders Association Upstate South Carolina Chapter and the Palmetto Chapter.  The funds are to be equally divided between the Upstate and Palmetto Chapters of the Association and the department must maximize, to the extent feasible, federal matching dollars.  On or before September 30 of each year, the respective Chapters of the Alzheimer's Disease and Related Disorders Association must submit to the department, Governor, Senate Finance Committee, and House Ways and Means Committee an annual financial statement and outcomes measures attained for the fiscal year just ended.  These funds may not be expended or transferred during the current fiscal year until the required reports have been received by the department, Governor, Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee.
     10.10.      (DMH: Colleton County Nursing Home)  Subject to the review of the Joint Bond Review Committee and the approval of the Budget and Control Board, the Department of Mental Health is authorized to borrow an amount not to exceed $3,000,000 for the purpose of providing matching funds for the construction of the State Veterans Nursing Home in Colleton County.  The authorization is contingent upon the Department's ability to secure a binding commitment for a source of funds for the repayment of the loan.  The State Treasurer is authorized to negotiate the terms and conditions of the loan.
     10.11.      (DMH: Crisis Stabilization)  During the current fiscal year, the Department of Mental Health must expend for crisis stabilization programs not less than $2 million.  Funds expended by the department for the crisis stabilization program must be used to implement and maintain a crisis stabilization program, or to provide access to a crisis stabilization program through the purchase of local psychiatric beds, in each community mental health center catchment area.  As used in this proviso, "crisis stabilization program" means a community-based psychiatric program providing short-term, intensive, mental health treatment in a non-hospital setting for persons who are experiencing a psychiatric crisis and who are either unable to safely function in their daily lives or are a potential threat to themselves or the community, with treatment available twenty-four hours a day, seven days a week.  The department must submit a quarterly report, not later than thirty days after the end of each calendar quarter, to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee, identifying the crisis stabilization program in each community mental health center catchment area, the number of persons served, and the expenditures for the crisis stabilization program for the reporting period.  The quarterly report must also include information on the number of persons and the duration of stay for persons who are held in hospital emergency rooms when the crisis stabilization program is unable to serve the person.
     10.12.      (DMH: Colleton County VA Home)  Any under budget surplus from construction of the VA Home in Colleton County shall first be used to satisfy the Department of Mental Health's loan and any monies due to the federal government.  Any remaining funds shall be refunded to Colleton County in the appropriate proportion reflecting Colleton County's cost share contribution.
     10.13.      (DMH: Campbell Veterans Home)  Of the newly appropriated funds for the Campbell Veterans Home, up to $400,000 must be used for contract operations.
     10.14.      (DMH: Recruitment Study)  The Budget and Control Board's Office of Human Resources is directed to study the problem of recruitment and retention of mental health professionals in rural counties for the Department of Mental Health.  The Office of Human Resources is directed to study ways to increase the ability of the department to recruit and retain mental health professionals in rural counties and report their recommendations to the Governor and the Chairmen of the House Ways & Means and Senate Finance Committees no later than January 1, 2007.

SECTION 11 - J16 - DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS

     11.1.      (DDSN: Work Activity Programs)  All revenues derived from production contracts earned by mentally retarded trainees in Work Activity Programs be retained by the South Carolina Department of Disabilities & Special Needs and carried forward as necessary into the following fiscal year to be used for other operating expenses and/or permanent improvements of these Work Activity Programs.
     11.2.      (DDSN: Sale of Excess Real Property)  The department is authorized to retain revenues associated with the sale of excess real property owned by, under the control of, or assigned to the department and may expend these funds as grants to purchase or build community residences and day program facilities for the individuals DDSN serves.  The department shall follow all the policies and procedures of the Budget and Control Board and the Joint Bond Review Committee.
     11.3.      (DDSN: Prenatal Diagnosis)  Revenues not to exceed $126,000 from client fees, credited to the debt service fund and not required to meet the department's debt service requirement, may be expended only in the current fiscal year to promote expanded prenatal diagnosis of mental retardation and related defects by the Greenwood Genetic Center.
     11.4.      (DDSN: Medicaid Funded Contract Settlements)  The department is authorized to carry forward and retain settlements under Medicaid-funded contracts.
     11.5.      (DDSN: Medicare Reimbursements)  The department may continue to budget Medicare reimbursements to cover operating expenses of the program providing such services.
     11.6.      (DDSN: Departmental Generated Revenue)  The department is authorized to continue to expend departmental generated revenues that are authorized in the budget.
     11.7.      (DDSN: Patient Day Fee)  The department may exclude Medicaid revenues from the Intermediate Care Facilities for the Mentally Retarded's patient day fee from indirect cost recovery payments.
     11.8.      (DDSN: Transfer of Capital/Property)  The department may transfer capital to include property and buildings to local DSN providers with Budget and Control Board approval.
     11.9.      (DDSN: Unlicensed Medication Providers)  The provision of selected prescribed medications may be performed by selected unlicensed persons in community-based programs sponsored, licensed or certified by the South Carolina Department of Disabilities and Special Needs, provided such selected unlicensed persons have documented medication training and skill competency evaluation.  Licensed nurses may train and supervise selected unlicensed persons to provide medications and, after reviewing competency evaluations, may approve selected unlicensed persons for the provision of medications.  The provision of medications by selected unlicensed persons is limited to oral and topical medications and to regularly scheduled insulin and prescribed anaphylactic treatments under established medical protocol and does not include sliding scale insulin or other injectable medications.  The selected unlicensed persons shall be protected against tort liability provided their actions are within the scope of their job duties and the established medical protocol.
     The Department of Disabilities and Special Needs shall establish curriculum and standards for training and oversight.
     This provision shall not apply to a facility licensed as a habilitation center for the mentally retarded or persons with related conditions.
     11.10.      (DDSN: Private Duty Nursing)  Of the funds appropriated to the department, $134,188 shall be used for an hourly rate adjustment for Medicaid approved private duty nursing services provided through the Department of Disabilities and Special Needs, the Department of Health and Human Services, and the Department of Health and Environmental Control.
     11.11.      (DDSN: Autism Early Intervention Advisory Committee)  The Autism Early Intervention Advisory Committee is created within the Department of Disabilities and Special Needs, Autism Division.  The committee must be composed of: the director of the Department of Health and Human Services or his designee; the director of the Department of Disabilities and Special Needs or his designee; the Superintendent of Education or his designee; the chairman of the House Education and Public Works Committee or his designee; the chairman of the House Ways and Means Committee or his designee; the chairman of the Senate Education Committee or his designee; the chairman of the Senate Finance Committee or his designee; four parents of children diagnosed with a pervasive developmental disorder appointed by the Governor, one of which must be from a family with a household income less than two hundred and fifty percent of the amount of the federal poverty level; and an administrator of a school for special needs.  The committee shall oversee and make recommendations to the department on the administration of the Autism Early Intervention Fund and disburse grants for developmental training for children three years of age to six years of age who have been diagnosed with a pervasive developmental disorder.
     The fund must be funded with 7.5 million dollars from the sale of the former mental health facility located on Bull Street in Columbia.
     The Autism Early Intervention Advisory committee shall report to the Department of Health and Human Services, the Department of Disabilities and Special Needs, the General Assembly, and the Governor on the number of children participating in the program, the methodology of the treatment options, and the number of children that were mainstreamed into public or private school as a result of the therapies funded through the committee.  The report must be submitted annually by December thirty-first for the duration of the program.
     As used in this section:  'Developmental training' means special education programs or other developmental training programs available to children diagnosed with a pervasive developmental disorder.  'Pervasive developmental disorder' means a neurological condition, including autism and Asperger's syndrome, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.
     The provisions of this paragraph take effect January 1, 2007.
SECTION 12 - J20 - DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES

     12.1.      (DAODAS: School Intervention Activity)   $959,322 of the amount appropriated as "Total Distribution to Subdivisions" is intended to be used for the children and youth intervention services and none of this sum shall be used by the department for the employment of personnel, except that funds may be used to employ one supervisory coordinator for this program.
     12.2.      (DAODAS: Training & Conference Revenue)  The department may charge fees for training events and conferences.  The revenues from such events shall be retained by the department to increase education and professional development initiatives.
     12.3.      (DAODAS: Gambling Addiction Services)  In that gambling is a serious problem in South Carolina, the department through its local county commissions may provide, from funds appropriated to the department, information, education, and referral services to persons experiencing gambling addictions.

SECTION 13 - L04 - DEPARTMENT OF SOCIAL SERVICES

     13.1.      (DSS: Fee Retention)  The Department of Social Services shall recoup all refunds and identified program overpayments and all such overpayments shall be recouped in accordance with established collection policy.  Funds of $800,000 collected under the Child Support Enforcement Program (Title IV D) which are state funds shall be remitted to the State Treasurer and credited to the General Fund of the State.  All state funds above $800,000 shall be retained by the department to fund Self-Sufficiency and Family Preservation and Support initiatives.
     13.2.      (DSS: Recovered State Funds)  The department shall withhold a portion of the State Funds recovered, under the IV-D Program, for credit to the general fund in order to allow full participation in the federal "set off" program offered through the Internal Revenue Service, the withholding of unemployment insurance benefits through the South Carolina Employment Security Commission and reimbursement for expenditures related to blood testing.  Such funds may not be expended for any other purpose.  The Department of Social Services be allowed to utilize the State share of Federally required application fees, collected from Non-TANF clients, in the administration of the Child Support Enforcement Program.  Such funds may not be expended for any other purpose.  However, this shall not include Child Support Enforcement Program incentives paid to the program from federal funds to encourage and reward cost effective performance. Such incentives are to be reinvested in the program to increase collections of support at the state and county levels in a manner consistent with federal laws and regulations governing such incentive payments.  The department shall not use clerk of court incentive funds to replace agency operating funds.  Such funds shall be remitted to the appropriate state governmental entity to further child support collection efforts.
     13.3.      (DSS: Foster Children Burial)  The expenditure of funds allocated for burials of foster children shall not exceed one thousand five hundred dollars per burial.
     13.4.      (DSS: Assistance Payments Client List)  The names of persons benefiting from assistance payments under the several programs of the Department of Social Services shall be available to other state agencies, if not in conflict with federal regulations.
     13.5.      (DSS: Employee Supplement)  No county shall supplement the salary of any DSS employee.
     13.6.      (DSS: Battered Spouse Funds)  Appropriations included in Subprogram II.K entitled Battered Spouse shall be allocated through contractual agreement to providers of this service.  These appropriations may also be used for public awareness and contracted services for victims of this social problem including the abused and children accompanying the abused.  Such funds may not be expended for any other purpose nor be reduced by any amount greater than that stipulated by the Budget and Control Board or the General Assembly for the agency as a whole.
     13.7.      (DSS: Court Examiner Service Exemption)  In order to prevent the loss of federal funds to the State, employees of the Department of Social Services whose salaries are paid in full or in part from federal funds will be exempt from serving as court examiners.
     13.8.      (DSS: Accounts Receivable Procedures)  The Department of Social Services will establish, and collect accounts receivable in accordance with appropriate and applicable federal regulations.
     13.9.      (DSS: TANF Advance Funds)  The Department of Social Services is authorized to advance sufficient funds during each fiscal year from the Temporary Assistance for Needy Families Assistance Payments general fund appropriations to the Temporary Assistance for Needy Families Assistance Payments federal account only for the purpose of allowing a sufficient cash flow in the federal account.  The advance must be refunded no later than April of the same fiscal year.  Upon the advance of funds as provided herein, the Comptroller General is authorized to process the July voucher for the funding of benefit checks.
     13.10.      (DSS: Fee Schedule)  The Department of Social Services shall be allowed to charge fees and accept donations, grants, and bequests for social services provided under their direct responsibility on the basis of a fee schedule approved by the Budget and Control Board.  The fees collected shall be utilized by the Department of Social Services to further develop and administer these program efforts.  The below fee schedule is established for the current fiscal year.
     Day Care
           Family Child Care Homes (up to six children)      $  15
           Group Child Care Homes (7-12 children)      $  30
           Registered Church Child Care (13+)      $  50
           Licensed Child Care Centers (13-49)      $  50
           Licensed Child Care Centers (50-99)      $  75
           Licensed Child Care Centers (100-199)      $100
           Licensed Child Care Centers (200+)      $125
     Central Registry Checks
           Non-profit Entities      $    8
           Private Adoption Investigations      $  25
           For-profit Agencies      $  25
           State Agencies      $  15
           Schools      $  15
           Day Care      $    8
           Other - Volunteer Organizations      $    8
     Other Children's Services
           Services Related to Adoption of Children
           from Other Countries      $225
           Court-ordered Home Studies in Non-DSS
           Custody Cases      $850
           Licensing Residential
           Group Homes      $250       fee for an initial license,
                 $  75       for renewal
           Licensing Child Caring Institutions      $500       fee for an initial license,
                 $100       for renewal
           Licensing Child Placing Agencies      $500       fee for an initial license,
                 $  60       for renewal,
                 $  15       for each private foster                                                                                                                               home under the
                                                                                                supervision of a child                                                                                                       placing agency.
     13.11.      (DSS: Mentally Disabled Supplement)  From the appropriation made herein for General Assistance, the department may elect to supplement the income of individuals who reside in foster homes or supported independent living arrangements certified by the Department of Mental Health and who qualify as mentally disabled under the definitions of Public Law 92-603, U.S. Code, or who would qualify except for income limitations with the supplement being at the same rate as for other individuals who qualify for General Assistance. The department shall contract with the Department of Mental Health to ensure that the payments of General Assistance to persons who would not otherwise qualify except for this proviso shall be transferred to the department from the appropriations made to the Department of Mental Health.
     13.12.      (DSS: Food Stamp Fraud)  The state portion of funds recouped from the collection of recipient claims in the TANF and Food Stamp programs shall be retained by the department.  A portion of these funds shall be distributed to local county offices for emergency and program operations.
     13.13.      (DSS: TANF - Immunizations Certificates)  The department shall require all TANF applicants and/or recipients to provide proof of age appropriate immunizations for children.  If such immunizations have not been administered, the department shall assist in referring applicants to appropriate county health departments to obtain the immunizations.
     13.14.      (DSS: Fees for Court Witness in Child Welfare Services)  Effective July 1, 1994, any monies appropriated for the payment of court testimony in either abuse and neglect, termination of parental rights, or judicial review cases arising under Section 20-7-480, et. seq. of the SC Code of Laws, 1976, as amended, and adult protective service cases under Section 43-35-10(9), et. seq. of the SC Code of Laws, 1976, as amended, shall only be paid in accordance with DSS policy which shall include limits on awards and procedures for payment, in due consideration of the agency budgetary limitations and specific funds allocated for such purposes.  Provided further that DSS shall pay up to a maximum hourly rate to licensed psychologists, social workers, nurses, ministerial counseling, family and marriage counselors of $60 for counseling and $60 for expert witness fees, to include travel time and DSS shall pay up to a maximum hourly rate to physicians of $125 for expert witness fees, to include travel time.
     13.15.      (DSS: Foster Care Fingerprint Reviews)  Notwithstanding the provisions of Section 20-7-1640, of the SC Code of Laws, 1976, as amended, the department is authorized to pay from funds appropriated in this section the costs of Federal Bureau of Investigation fingerprint reviews for foster care families recruited, selected and licensed by the department.
     13.16.      (DSS: County Directors' Pay)  With respect to the amounts allocated to the Department of Social Services for Employee Pay Increase in this act, the Department of Social Services is authorized to allot funds for pay increases to individual county directors and regional directors in classified positions without uniformity.  Pay increases for DSS county directors and regional directors shall be administered in accordance with the guidelines established by the Budget and Control Board for Executive Compensation System and other nonacademic unclassified employees.  Any employees subject to the provisions of this paragraph shall not be eligible for any other compensation increases provided in this act.
     13.17.      (DSS: Use of Funds Authorization)  Department investigative units shall be authorized to receive and expend funds awarded to these units as a result of a donation, contribution, prize, grant, and/or court order.  These funds shall be retained by the department on behalf of the investigative units and deposited in a separate, special account and shall be carried forward from year to year and withdrawn and expended as needed to fulfill the purposes and conditions of the donation, contribution, prize, grant, and/or court order, if specified, and if not specified, as may be directed by the Director of the Department of Social Services.  These accounts shall not be used to supplant operating funds in the current or future budgets.  The agency shall report to the Senate Finance Committee and Ways and Means Committee by January 30 of the current fiscal year on the amount of funds received and how expended.
     13.18.      (DSS: Prevent Welfare Reform Duplication of Services)  The intent of the General Assembly is that the Department of Social Services not duplicate services available at the Employment Security Commission and other state agencies.  All state agencies are directed to cooperate with DSS as it implements the Family Independence Act of 1995.  Monies appropriated for the purpose of implementing the Family Independence Act of 1995, and used to hire persons or procure services for employment training purposes, shall be reported to the Governor to ensure duplication of services does not occur.
     13.19.      (DSS: C. R. Neal Learning Center)  The department shall reimburse up to $100,000 to the C. R. Neal Learning Center located in Richland County for services provided to DSS clients that are eligible for Temporary Assistance to Needy Families funding.
     13.20.      (DSS: Use of Funds Authorization)  Unless specifically directed by the General Assembly, when DSS is directed to provide funds to a not-for-profit or 501(c)(3) organization, that organization must use the funds to serve persons who are eligible for services in one or more DSS programs.
     13.21.      (DSS: Grant Authority)  The Department of Social Services is authorized to make grants to community-based not-for-profit organizations for local projects that further the objectives of DSS programs.  The department shall develop policies and procedures and may promulgate regulations to assure compliance with state and federal requirements associated with the funds used for the grants and to assure fairness and accountability in the award and administration of these grants.  The department shall require a match from all grant recipients.
     13.22.      (DSS: Adoption Services)  Notwithstanding any other provision of law, the Department of Social Services shall study the feasibility of integrating adoption services into county offices in order to better manage the reduction in appropriations for the current fiscal year and to provide a stronger continuum of child welfare services at the county level.  Should this process prove to be more effective, and then the department shall recommend permanent statutory language.
     13.23.      (DSS: Family Foster Care Payments)  The Department of Social Services shall furnish as Family Foster Care payments for individual foster children under their sponsorship:
           ages            0      -      5            $312      per month
           ages            6      -      12      $339      per month
           ages            13      +            $405      per month
     These specified amounts are for the basic needs of the foster children.  Basic needs within this proviso are identified as food (at home and away), clothing, housing, transportation, education and other costs as defined in the U.S. Department of Agriculture study of "Annual Cost of Raising a Child to Age Eighteen."  Further, each agency shall identify and justify, as another line item, all material and/or services, in excess of those basic needs listed above, which were a direct result of a professional agency evaluation of clientele need.  Legitimate medical care in excess of Medicaid reimbursement or such care not recognized by Medicaid may be considered as special needs if approved by the sponsoring/responsible agency and shall be reimbursed by the sponsoring agency in the same manner of reimbursing other special needs of foster children.
     13.24.      (DSS: Penalty Assessment)  The Department of Social Services may impose monetary penalties against a person, facility, or other entity for violation of statutes or regulations pertaining to programs, other than foster home licensing, that the department regulates.  Penalties collected must be remitted to the State Treasurer for deposit into the State General Fund.  The department shall promulgate regulations for each program in which penalties may be imposed.  The regulations must include guidance on the decision to assess a penalty, the effect of failure to pay a penalty in a timely manner, and a schedule of penalty ranges that takes into account severity and frequency of violations.  These regulations must provide for notice of the penalty and the right to a contested case hearing before a designee of or panel appointed by the director of the department.  Judicial review of the final agency decision concerning a penalty must be in accordance with statutes or regulations that apply to judicial review of final revocation and denial decisions in that particular program.  The department, in accordance with regulations promulgated pursuant to this provision, shall have discretion in determining the appropriateness of assessing a monetary penalty against a person or facility and the amount of the penalty.  The authority to assess monetary penalties shall be in addition to other statutory provisions authorizing the department to seek injunctive relief or to deny, revoke, suspend, or otherwise restrict or limit a license or other types of operating or practice registrations, approvals, or certificates.
     13.25.      (DSS: Children's Home Standard Licenses)  Standard licenses for children's residential group homes, child caring institutions and child placing agencies shall be effective for two years from the date of issuance or renewal unless revoked or otherwise terminated before the expiration date.  Fire inspections required for licensing or renewal of children's residential group homes and child caring institutions must be conduced annually.
     13.26.      (DSS: Child Support Enforcement Automated System Carry Forward)  The department shall be authorized to retain and carry forward any unexpended funds appropriated for the Child Support Enforcement automated system and related penalties.

SECTION 14 - L24 - COMMISSION FOR THE BLIND

     14.1.      (BLIND: Matching Federal Funds)  For the current fiscal year the amount appropriated in this section under Program II for Rehabilitative Services is conditioned upon matching by federal funds to the maximum amount available under the Federal Vocational Rehabilitation Program.
     14.2.      (BLIND: Braille Production and Telecommunications Revenue)  Revenues derived from the production of Braille and provision of services by clients of the Adult Adjustment and Training Center may be retained by the commission and used in the facility for production costs.
     14.3.      (BLIND: Vending Facilities Program)  For the current fiscal year, the provisions of Chapter 26, Title 43 of the 1976 Code pertaining to rules regulating vending facilities operated by persons who are blind do not apply to the South Carolina State Museum.
     14.4.      (BLIND: Vending Facilities Program Set-Aside)  Licensed blind vendors assigned to vending locations will be assessed set-aside fees to cover the operational costs of the program.  The Commission for the Blind will collect a set-aside fee from licensed blind vendors on the annual net income of facilities based on the following sliding scale exempting the first $30,000 in each calculation:
           $0 to $30,000 annual net income:      no set-aside;
           $30,000.01 to $40,000 annual net income:      10% set-aside;
           $40,000.01 to $50,000 annual net income:      12% set-aside;
           $50,000.01 to $60,000 annual net income:      13% set-aside;
           $60,000.01 to $70,000 annual net income:      14% set-aside;
           $70,000.01 to $80,000 annual net income:      15% set-aside;
           $80,000.01 to $90,000 annual net income:      16% set-aside;
           $90,000.01 to $100,000 annual net income:      17% set-aside;
           $100,000.01 to $200,000 annual net income:      18% set-aside; and
           $200,000.01 and above net annual income:      20% set-aside.
     The set-aside will be collected monthly basing estimated payments on previous years revenue and will be applied to the operational expenses of the program, including equipment repairs and replacement, furnishings and stocking new locations, and repairs and expansions of existing facilities.

SECTION 15 - H79 - DEPARTMENT OF ARCHIVES & HISTORY

     15.1.      (AH: Use of Proceeds)  The proceeds of facilities rentals, gift shop operations, training sessions, sales of publications, reproductions of documents, repair of documents, research fees, handling charges, and the proceeds of sales of National Register of Historic Places certificates and plaques by the Archives Department shall be deposited in a special account in the State Treasury, and may be used by this department to cover the cost of facility operations and maintenance, gift shop inventory, additional training sessions, publication, reproduction expenses, repair expenses, and National Register of Historic Places certificates and plaques, and selected Historic Preservation Grants.
     15.2.      (AH: Nat'l. Historic Preservation Program)  The funds earned from the United States Department of Interior by the South Carolina Department of Archives and History for administering the National Historic Preservation Program in this State, with the exception of the appropriate amount of indirect cost reimbursement to the general fund, must be deposited in a special account in the State Treasury, to be used by this department for a Historic Preservation Grants program that will assist historic properties throughout South Carolina.

SECTION 17 - H87 - STATE LIBRARY

     17.1.      (LIB: Aid to Counties Libraries Allotment)  The amount appropriated in this section for "Aid to County Libraries" shall be allotted to each county on a per capita basis according to the official United States Census for 2000, as aid to the County Library.  No county shall be allocated less than $40,000 $50,000 under this provision.  To receive this aid, local library support shall not be less than the amount actually expended for library operations from local sources in the second preceding year.
     17.2.      (LIB: Information Service Fees)  The State Library may charge a fee for costs associated with information delivery and retain such funds to offset the costs of maintaining, promoting and improving information delivery services.
     17.3.      (LIB: Continuing Education Fees)  The State Library may charge a fee for costs associated with continuing education and retain such funds to offset the costs of providing continuing education opportunities.

SECTION 18 - H91 - ARTS COMMISSION

     18.1.      (ARTS: Professional Artists Contract)  Where practicable, all professional artists employed by the Arts Commission in the fields of music, theater, dance, literature, musical arts, craft, media arts and environmental arts shall be hired on a contractual basis as independent contractors.  Where such a contractual arrangement is not feasible employees in these fields may be unclassified, however, the approval of their salaries shall be in accord with the provisions of Section 8-11-35 of the 1976 Code.
     18.2.      (ARTS: Special Revolving Account)  Any income derived from Arts Commission sponsored arts events or by gift, contributions, or bequest now in possession of the Arts Commission including any federal or other funds balance remaining at the end of the prior fiscal year, shall be retained by the commission and placed in a special revolving account for the commission to use solely for the purpose of supporting the programs provided herein.  Any such funds shall be subject to the review procedures as set forth in Act 651 of 1978.
     18.3.      (ARTS: Partial Indirect Cost Waiver)  The commission is allowed to apply a 15% indirect cost rate for continuing federal grants for which they must compete.  The commission shall apply the full approved negotiated rate to the Basic State Grant and any new grants received by the commission.

SECTION 19 - H95 - STATE MUSEUM

     19.1.      (MUSM: Duplicate Materials)  The commission may give (away) natural history materials in its possession for educational purposes, such materials being less than museum quality or duplicative of materials owned by the Museum Commission.
     19.2.      (MUSM: Removal From Collections)  The commission may remove objects from its museum collections by gift to another public or nonprofit institution, by trade with another public or nonprofit institution, by public sale, by transfer to the commission's education, exhibit, or study collections or to its operating property inventory; or as a last resort, by intentional destruction on the condition that the objects so removed meet with one or more of the following criteria:  (1) they fall outside the scope of the S. C. Museum Commission's collections as defined in the Collection Policy dated January 20, 1993, (2) they are unsuitable for exhibition or research, (3) they are inferior duplicates of other objects in the collection, or (4) they are forgeries or were acquired on the basis of false information; funds from the sale of such objects will be placed in a special revolving account for the commission to use solely for the purpose of purchasing objects for the collections of the State Museum.
     19.3.      (MUSM: Museum Store)  The Museum Commission shall establish and administer a museum store in the State Museum.  This store may produce, acquire, and sell merchandise relating to historical, scientific, and cultural sources.  All profits received from the sale of such merchandise shall be retained by the Museum Commission in a restricted fund to be carried forward into the following fiscal year.  These funds may be used for store operations, publications, acquisitions, educational programs, exhibit production and general operating expenses provided that the expenditures for such expenses are approved by the General Assembly in the annual Appropriation Act.
     19.4.      (MUSM: Traveling Exhibits Fees)  The Museum Commission may rent or sell exhibits and exhibit components and the commission may retain such funds and use them to offset the cost of developing, maintaining, promoting, and improving the changing exhibit program and to support general operations, provided that the expenditures for such expenses are approved by the General Assembly in the annual Appropriation Act.  Any unexpended revenue from these sources may be carried forward into the current fiscal year to be expended for the same purposes.
     19.5.      (MUSM: Retention of Revenue)  The Museum Commission may retain revenue received from admissions, program fees, facility rentals, professional services, donations and other miscellaneous operating income and may expend such revenue for general operating expenses provided that such expenditures are approved by the General Assembly in the annual appropriations act.  Any unexpended revenue from these sources may be carried forward into the current fiscal year to be expended for the same purposes.
     19.6.      (MUSM: Across-the-Board Cut Exemption)  In the calculation of any across-the-board cut mandated by the Budget and Control Board or General Assembly, the amount of the museum's rent which the commission pays to General Services for the retirement of General Revenue Bonds shall be excluded from the museum's base budget.
     19.7.      (MUSM: School Tour Fee Prohibition)  The commission may not charge admission fees to groups of children from South Carolina who have made reservations that are touring the museum as part of a school function.
     19.8.      (MUSM: Dining Area Rent)  Of the space currently vacant in the Columbia Mills Building, space large enough for the museum to have dining space for school-aged children shall be provided to the State Museum at no cost.

SECTION 20 - L32 - HOUSING FINANCE AND DEVELOPMENT AUTHORITY

     20.1.      (HFDA: Federal Rental Assistance Administrative Fee Carry Forward)  All federal rental assistance administrative fees shall be carried forward to the current fiscal year for use by the authority in the administration of the federal programs under contract with the authority.  No state funds are to be used in the administration of these programs.
     20.2.      (HFDA: Program Expenses Carry Forward)  For the prior fiscal year monies withdrawn from the authority's various bond-financed trust indentures and resolutions, which monies are deposited with the State Treasurer to pay program expenses, may be carried forward by the authority into the current fiscal year.
     20.3.      (HFDA: Advisory Committee Mileage Reimbursement)  Members of the nine member South Carolina Housing Trust Fund Advisory Committee are eligible for mileage reimbursement at the rate allowed for state employees as established in proviso 72.26(J) (Travel-Subsistence Expenses & Mileage) in this act.

SECTION 21 - P12 - FORESTRY COMMISSION

     21.1.      (FC: Grant Funds Carry Forward)  The S.C. Forestry Commission is authorized to use unexpended federal grant funds in the current year to pay for expenditures incurred in the prior year.
     21.2.      (FC: Retention of Emergency Expenditure Refunds)  The South Carolina Forestry Commission is authorized to retain all funds received as reimbursement of expenditures from other state or federal agencies when personnel and equipment are mobilized due to an emergency.
     21.3.      (FC: Retain Receipts From Sale Of Land)  The State Forestry Commission is authorized to retain receipts from the sale of tracts of land containing a total of twenty (20) acres or less in Williamsburg County.  Receipts generated by the sale of these tracts shall be utilized for the agency's capital improvement and/or facility maintenance program.  Notwithstanding any provision of law to the contrary, the Commission may sell these tracts in any manner it deems appropriate at or above fair market value as determined by independent appraisal.
     21.4.      (FC: Sand Hills State Forest)  A committee is established to study the feasibility of reopening roads within Sand Hills State Forest for use by the public.  The committee shall be composed of one representative of the South Carolina Forestry Commission, two representatives from local pine straw purchasers appointed by the local delegation, two representatives from local recreational user groups appointed by the local delegation, and two members of the local delegation.  The committee shall make a determination regarding road reopening by October 1, 2005, upon which time the committee shall be dissolved.
     In the event that the committee determines that roads within Sand Hills State Forest should be reopened, the commission shall use funds appropriated in Part IA Section 21 to carry out the recommendations of the committee.
     21.5.      (FC: Commissioned Officers' Physicals)  The South Carolina Forestry Commission is authorized to pay the cost of physical examinations for agency personnel who are required to receive such physical examinations prior to receiving a law enforcement commission.

SECTION 22 - P16 - DEPARTMENT OF AGRICULTURE

     22.1.      (AGRI: Market Bulletin)  The Market Bulletin shall be mailed only to those persons who request it in writing and a record of each request shall be maintained by the department.  Provided further, that notwithstanding any other provision of law, the Department of Agriculture is authorized to charge a yearly subscription rate of $10.00 to each person requesting the bulletin and may charge up to $5.00 per classified advertisement printed in the bulletin.  The funds collected pursuant to this provision shall be retained by the department to defray the costs of publication and related incidental expenses.
     22.2.      (AGRI: Fruit/Vegetable Inspectors Subsistence)  A daily subsistence allowance of up to $30.00 may be allowed for temporarily employed fruits and vegetables inspectors from funds generated by fruits and vegetables inspection fees and budgeted under other funds in Program IV Marketing Services, D. Inspection Services, in lieu of reimbursements for meals and lodging expense.
     22.3.      (AGRI: Commodity Boards Expenditures)  Expenditures made for the various Commodity Boards (as budgeted under other funds in Program IV.B. Marketing Services: Commodity Boards) are exempt from regulations under the Procurement Act of 1981.
     22.4.      (AGRI: Seed Licenses)  Notwithstanding any other provision of law, the department shall charge, for the licenses it issues pursuant to Section 46-21-40, a minimum fee of twenty-five dollars ($25.00), and a maximum fee of one hundred fifty dollars ($150.00).  The department shall institute a graduated fee schedule between these minimum and maximum fees, which schedule shall be based on the per year dollar volume of the gross business receipts of the applicant.  The department shall retain any revenue collected pursuant to this provision above the amount remitted to the general fund or State Treasurer in FY 2000-2001 to defray the costs of printing, mailing and inspections.
     22.5.      (AGRI: Specialty Crop Grant Indirect Cost Waiver)  Notwithstanding any other provision of law, the Department of Agriculture is granted a waiver of the remittance of indirect cost recoveries for the Specialty Crop Grant (H.R. 2213, Section 7) supported by the United States Department of Agriculture through the Commodity Credit Corporation.
     22.6.      (AGRI: Warehouse Receipts Guaranty Fund)  The Department of Agriculture may retain and expend fifty thousand dollars from the Warehouse Receipts Guaranty Fund established by Section 39-22-150 of the 1976 Code as is necessary for the department to administer the funding of the program.
     22.7.      (AGRI: Weights & Measurer Registration)  All servicepersons required to be registered with the Department of Agriculture pursuant to the provisions of Section 39-9-65 of the 1976 Code of Laws shall pay to the department a registration fee of $25.00.  Revenues generated by this provision shall be for use by the Department of Agriculture to offset expenses incurred in administering this registration program.
     22.8.      (AGRI: Private Sector Calibrations)  Notwithstanding any other provision of law, the Department of Agriculture shall charge a fee of $45.00 an hour based on a fee schedule for all calibrations performed for private sector entities by the Metrology Laboratory authorized by Section 39-9-68(3) of the 1976 Code of Laws.  Revenues generated by these fees shall be for use by the Department of Agriculture to offset expenses incurred in operating the Metrology Laboratory.
     22.9.      (AGRI: Sale of Property Revenue)  The department may retain revenues associated with the sale of the property titled to or utilized by the department, except for the State Farmers Market property, and must expend these funds on capital improvements approved by the Joint Bond Review Committee and the Budget and Control Board.  The department must continue to occupy any property until replacement capital improvements are completed.
     22.10.      (AGRI: Grain Dealers Guaranty Fund Loan Interest)  During Fiscal Year 2005-06, the interest rate required to be paid to the Insurance Reserve Fund in connection with its loan to the Grain Dealers Guaranty Fund under Section 46-40-50 shall be the average prime rate of the five largest banks in South Carolina by deposits and not the interest rate specified by Section 34-31-20(A).
     22.11.      (AGRI: Farmers Market Revenue)  The revenues associated with the sale of the State Farmers Market shall be deposited into a separate restricted special account under the authority of the Budget and Control Board.  Interest accrued on this account must remain in this account.  These funds may only be expended for relocating the State Farmers Market after approval by the Joint Bond Review Committee and the State Budget and Control Board.
     22.12.      (AGRI: Export Certification)  The Department of Agriculture is allowed to charge up to $250 for each export certification of agricultural products and to retain revenues to offset expenses incurred in performing certifications.
     22.13.      (AGRI: Grain Handlers Guaranty Fund)  The Department of Agriculture may retain and expend one hundred thousand dollars of the interest from the Grain Handlers Guaranty Fund established by Section 46-41-230 of the 1976 Code as is necessary for the department to administer the funding of the program.
     22.14.      (AGRI: Marketing Services/Metrology Lab)  The department is authorized to expend up to $850,000 of funds in a special account with the State Budget and Control Board derived from the sale of the Columbia State Farmers Market to be used by the department for the construction of a Department of Agriculture Marketing Services building at the relocated Columbia State Farmers Market.  The department may retain up to $875,000 from the sale of the department's Columbia Metrology Lab building and property for the construction of a replacement Columbia Metrology Lab building at the relocated State Farmers Market.

SECTION 23 - P20 - CLEMSON UNIVERSITY - PSA

     23.1.      (CU-PSA: Revenue Credited to General Fund)  All revenues derived from the Regulatory and Public Service Division covered in this section must be remitted to the credit of the general fund.
     23.2.      (CU-PSA: Phytosanitary Certificates)  Revenues collected from the issuance of phytosanitary certificates shall be retained by the Division of Regulatory and Public Service for the purpose of carrying out phytosanitary inspections.
     23.3.      (CU-PSA: Witness Fee)  The Public Service Activities of Clemson University are hereby authorized to charge a witness fee of $100.00 per hour up to $400.00 per day for each employee testifying as an expert witness in civil matters which do not involve the State as a party in interest.  This fee shall be charged in addition to any court prescribed payment due as compensation or reimbursement for judicial appearances and deposited into a designated revenue account.
     23.4.      (CU-PSA: Nursery/Nursery Dealer Registration Fee)  The Division of Regulatory and Public Service Programs is authorized to retain up to $92,000 of revenue collected from the issuance of Nursery/Nursery Dealer Fees for the purpose of carrying out nursery/nursery dealer inspections.  Revenue collected from this fee above $92,000 shall be deposited into the general fund.
     23.5.      (CU-PSA: Fee Increase)  Notwithstanding any other provision of law, beginning FY 2001-2002, the Division of Regulatory and Public Service is authorized to increase the fertilizer, lime, and soil amendments registration fees; pesticide licensing fees; seed certification fees; and fertilizer inspection fees not to exceed twice the amount of the fee schedules set in FY 2000-2001.
     23.6.      (CU-PSA: Spring Dairy Exhibition)  From the funds appropriated in Part IA, Clemson University-PSA is authorized to provide up to $75,000 to fund the Clemson University Spring Dairy Exhibition program.
     23.7.      (CU-PSA: Retention of Fees)  All revenues collected from the regulatory programs of agrichemical, plant industry and crop protection including:  fertilizer, lime, and soil amendments registration fees; pesticide licensing fees; seed certification fees; and fertilizer tax/inspection fees must be retained by Clemson University PSA regulatory programs.
     23.8.      (CU-PSA: Pesticide Registration Surcharge)  (A) In addition to all other fees imposed by law, for Fiscal Year 2005-06, all persons who are required to register annually any pesticide are subject to regulation by Clemson University PSA and shall pay a surcharge of seventy-five dollars for each product registered.  The revenue generated by this surcharge must be retained by the Clemson University PSA Division of Regulatory or Public Service and be used to support general regulatory, enforcement, and education programs.
     (B)      The first $140,000 in revenue from pesticide registration surcharges must be retained by regulatory and public service programs to apply to expenses of centralizing its personnel and relocating its laboratories from the Poole Agricultural Center.  All revenues collected from pesticide registration surcharges and fees in excess of $140,000 and up to $50,000 of revenues and revenue collected from structural pest control businesses for business licensing must be retained by regulatory and public service programs Clemson University PSA Regulatory and Public Service Programs to support general regulatory, enforcement, and education programs and to carry out provisions of the S.C. Pesticide Control Act as amended and pursuant to regulations related to it.
     23.9.      (CU-PSA: Sandhills Revenue)  The funds retained by Clemson University PSA from the sale of the property at the Sandhills Research and Education Center shall be used to construct the new Sandhills facilities and provide endowments as approved by the Clemson Board of Trustees and the Budget and Control Board.  These funds are not to be used to offset base budget reductions in Fiscal Year 2004-2005.

SECTION 24 - P24 - DEPARTMENT OF NATURAL RESOURCES

     24.1.      (DNR: County Funds)  Funds belonging to each of the counties of the State, now on hand or hereafter accruing to the counties, shall be expended on approval of a majority of the respective county delegation, including the resident senator or senators, if any.  An annual accounting for all such funds and expenditures shall be furnished by the department to each member of each county delegation; it being the intent of the General Assembly that the appropriations made in this section are conditioned upon compliance with this requirement.  In addition to the annual accounting required above, the department shall make a proposal for expenditures of such funds in the succeeding fiscal year in each county to the members of the respective county legislative delegation, including the resident senator or senators, if any; and upon approval thereby shall proceed with the use of such funds in compliance with the finalized and approved plan as approved by each legislative delegation.  If no plan is approved, the expenditure of such funds is to be administered as determined by the various legislative delegations.
     24.2.      (DNR: County Game Funds/Equipment Purchase)  Any equipment purchased by the department from county game funds on approval of a majority of a county delegation, including the resident senator or senators, if any, shall remain in that county upon the request of a majority of the respective county delegation, including the resident senator or senators, if any, and if sold by the department, the proceeds of such sale shall be credited to such county game fund.  Expenditures from the County Game Fund and the Water Recreation Resource Fund which have the approval of the county delegation shall be exempt from the provisions of Act 651 of 1978, as amended.
     24.3.      (DNR: Armed Forces Fishing/Hunting License)  Any member of the armed forces of the United States who is a resident of South Carolina stationed outside of the state, shall upon presentation of his official furlough or leave papers, be allowed to fish or hunt without purchasing a fishing or hunting license.
     24.4.      (DNR: Publications Revenue)  For the current fiscal year all revenue generated from the sale of the "South Carolina Wildlife" magazine, its by-products and other publications, shall be retained by the department and used to support the production of same in order for the magazine to be self-sustaining.  In addition, the department is authorized to sell advertising in the magazine and to increase the magazine's subscription rate, if necessary, to be self-sustaining.  No general funds may be used for the operation and support of the "South Carolina Wildlife" magazine.
     24.5.      (DNR: Casual Sales Tax Collection)  The Department of Natural Resources shall continue to collect the casual sales tax as contained in the contractual agreement between the Department of Revenue and the Department of Natural Resources and the State Treasurer is authorized to reimburse the department on a quarterly basis for the actual cost of collecting the casual sales tax and such reimbursement shall be paid from revenues generated by the casual sales tax.
     24.6.      (DNR: Temporary Transfer of Conservation Officers)  Without expending additional personal service funds, conservation officers may be temporarily transferred for a period not to exceed six months, to counties requiring additional law enforcement manpower.  When a conservation officer is transferred under the authority of this provision, any county game funds which are expended for the acquisition of supplies and equipment must be expended from the game fund of the county to which the officer is transferred.
     24.7.      (DNR: Proportionate Funding)  Each of South Carolina's 46 soil and water conservation districts shall receive a proportionate share of funding set aside for Aid to Conservation Districts up to $8,000 $12,000 per district for general assistance to the district's program.  Available funding above $8,000 $12,000 for each district will be apportioned by the Department of Natural Resources based upon local needs and priorities as determined by the board.  No district shall receive any funds under this provision unless the county or counties wherein the district is located shall have appropriated no less than three hundred dollars to the district from county funds for the same purposes.
     24.8.      (DNR: Carry Forward - Contract for Goods & Services)  If any funds accumulated by the Department of Natural Resources Geology Program, under contract for the provision of goods and services not covered by the department's appropriated funds, are not expended during the preceding fiscal years, such funds may be carried forward and expended for the costs associated with the provision of such goods and services.
     24.9.      (DNR: Revenue Carry Forward)  The department may collect, expend, and carry forward revenues derived from the sale of goods and services in order to support aerial photography, map services, climatology data, and geological services.  The department shall annually report to the Senate Finance and Ways and Means Committees the amount of revenue generated from the sale of these goods and services.
     24.10.      (DNR: Clothing Allowance)  The Department of Natural Resources is hereby authorized to provide Natural Resource Enforcement Officers on special assignment with an annual clothing allowance (on a prorata basis) not to exceed $600 per officer for required clothing used in the line of duty.
     24.11.      (DNR: Commissioned Officers' Physicals)  The department is authorized to pay for the cost of physical examinations for department personnel who are required to receive such physical examinations prior to receiving a law enforcement commission.
     24.12.      (DNR: Interest - License Fees)  Interest earned by the State Treasurer on all hunting and fishing license fees collected by the Department of Natural Resources must be credited to and expended by the department for the protection, promotion, propagation, and management of fish and wildlife, and the enforcement of related laws.
     24.13.      (DNR: Conservation Districts)  The department must provide funding from appropriations in Part IA for the "Aid to Conservation Districts" program at the same amount of funding providing in FY 2000-01.
     24.14.      (DNR: Shrimp Baiting Enforcement)  The department shall allocate additional enforcement efforts during the sixty (60) day shrimp baiting period to assist existing law enforcement personnel in monitoring and enforcement of the shrimp baiting laws.  Further, expenditures for other than law enforcement should not exceed thirty percent (30%) of the annual collections from the sale of shrimp baiting permits.
     24.15.      (DNR: Water Recreation Fund and County Game and Fish Fund)  Funds collected during the current fiscal year Fiscal Year 2005-06 by the Department of Natural Resources for the Water Recreation Fund and for that portion of the county game and fish fund derived from licenses and fees must be retained by the department and used for the stated purposes of the respective funds, and may not be used by the department to offset base-budget reductions for the current fiscal year Fiscal Year  2005-06.  In addition to all other uses allowed by statute, the department may use the Water Recreational Resource Funds of a county for the purchase of boats, boat trailers, motors, and boating safety equipment used for law enforcement and rescue, with the recommendation of the county delegation.
     24.16.      (DNR: Savannah River Basin Compact Study)  From funds appropriated in Part IA, Section 24 of this act, the director of the department shall provide for expenses so that the department must enter into discussions with the Director of the Georgia Department of Natural Resources and other appropriate state and federal agencies in South Carolina and Georgia for the purpose of considering the creation of an interstate compact between South Carolina and Georgia concerning the Savannah River basin and developing legislation for that purpose.  The study shall include, but not be limited to, the consideration of current state river basin compact laws, published reports on the Savannah River basin, impacts of removal of water from the basin in both the State of South Carolina and the State of Georgia, as well as water quantity, ecological, economic, agricultural, and recreational uses of the basin.  The study will allow for input from parties interested in the long-term management of the Savannah River basin.
     24.17.      (DNR: Privilege Reinstatement Fee)  After serving a statutory, point system, bench warrant, or court ordered suspension, a person must pay a $100 reinstatement fee to the Department of Natural Resources.  After the mandatory suspension period, and receipt of the reinstatement fee, the department shall reinstate the privilege or license, permit, stamp, tag, or registration.
     24.18.      (DNR: Grass Carp Testing Recoupment Fee)  The Department of Natural Resources shall charge and retain a fee of one dollar per fish for fish five (5) inches or longer and a fee of twenty-five cents ($0.25) for fish less than five (5) inches to recoup the cost of certification testing of Triploid Grass Carp to assure that such fish are sterile before they can be imported into the State.
     24.19.      (DNR: Hunting License Fees)  For the current fiscal year, the fee:
           (1)      for the combination hunting and fishing license issued pursuant to Section 50-9-510(3) of the 1976 Code is increased from twenty to twenty-five dollars;
           (2)      for the nonresident statewide license issued pursuant to Section 50-9-510(6) is increased from one hundred to one hundred twenty-five dollars;
           (3)      for the ten consecutive days regular hunting season license for a nonresident issued pursuant to Section 50-9-510(7) of the 1976 Code is increased from fifty to seventy-five dollars;
           (4)      for the three consecutive days regular hunting season license for a nonresident issued pursuant to Section 50-9-510(8) of the 1976 Code is increased from twenty-five to forty dollars; and
           (5)      for the big game nonresident permit issued pursuant to Section 50-9-510(10) of the 1976 Code, the fee is increased from eighty-nine to one hundred dollars.
     24.20.      (DNR: Intellectual Property)  The Department shall develop a comprehensive written policy providing for the treatment on intellectual property accruing to the Department in the area of shrimp disease and culture.  This policy must address the following issues: definitions, coverage and disclosure requirements, ownership, dispute resolution procedures, obtaining of patents and copyrights, incentives, transfer or sales or research results, promotion and licensing, use of proceeds, and release of ownership rights.  Upon adoption and implementation, the Department, consistent with the policy, may sell or license intellectual property owned by the Department, upon approval of the Budget and Control Board.  The net proceeds or annual net royalties, excluding any expenses including research and development, patent, licensing and litigation from intellectual property owned by the Department shall be apportioned and paid over by the Department according to the following schedule:  Inventor  15%; State General Fund  85%.  Proceeds apportioned and paid over to the Department shall be used by the Department for scientific research and education for the enhancement, management, and protection of natural resources in the State.
     24.21.      (DNR: Sale of Existing Offices)  After receiving approval from the Budget and Control Board for the sale of property, the Department of Natural Resources is authorized to retain all funds from the sale of existing offices for the improvement, consolidation and/or establishment of regional hub offices.

SECTION 25 - P26 - SEA GRANT CONSORTIUM

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

SECTION 26 - P28 - DEPARTMENT OF PARKS, RECREATION AND TOURISM

     26.1.      (PRT: Canadian Day)  The department when expending the $85,000 appropriation herein contained for a Canadian promotion shall designate one day of such promotion as "Canadian Day" and notwithstanding any other provision of law, all Canadians shall be allowed admittance to state parks and use of park camping facilities on Canadian Day free of charge.
     26.2.      (PRT: Tourism and Promotion)  The funds appropriated in Program I.C. for Regional  Promotions, shall be distributed equally to the eleven Regional Tourism groups, except that the Grandstrand Tourism Region's funds shall be divided, with one hundred thousand dollars ($100,000) distributed to the Myrtle Beach Chamber of Commerce and twenty-five thousand dollars ($25,000) distributed to the Georgetown Chamber of Commerce for tourism related activities.  The Myrtle Beach Chamber of Commerce and the Georgetown Chamber of Commerce shall submit a report to the Senate Finance Committee and the House Ways and Means Committee by December 1st each year describing how these funds were expended in the prior fiscal year.
     26.3.      (PRT: PARD Prior Year Expenditures)  The Department of Parks, Recreation and Tourism shall be authorized to expend restricted funds in the current fiscal year, for Parks and Recreation Development Fund (PARD) grant reimbursement payment expenditures incurred in the prior fiscal year.
     26.4.      (PRT: Park Fee Structure)  Notwithstanding Section 51-3-60 of the 1976 Code, in order to maintain the fiscal soundness and continued maintenance and operations of the State Park System, the Department of Parks, Recreation and Tourism is directed to maintain the adjustments in the fee structure implemented in September 2003 as a result of the study directed in the previous year by the General Assembly, however, residents listed in Section 51-3-60 may not be given discounts of less than 35% for the services listed.  Members of the SC National Guard shall be given the same discounts for the State Park System as the residents listed in Section 51-3-60.
     26.5.      (PRT: Litter Control Program Transfer)  The PalmettoPride Litter Control Program is transferred from the Office of Executive Policy and Programs to the Department of Parks, Recreation and Tourism.  Effective July 1, 2004, the Office of Executive Policy and Programs shall transfer all monies associated with the program to the Department of Parks, Recreation and Tourism for the operation of the program.
     26.6.      (PRT: Litter Control)  There is established PalmettoPride, an eleemosynary, nonprofit corporation organized pursuant to Chapter 31 of Title 33 and Section 501(c)(3) of the Internal Revenue Code, which is authorized to coordinate and implement statewide and local programs for litter control.
     PalmettoPride shall be governed by a board of directors composed of nine members to be appointed as follows: three members must be appointed by the Governor; three Senators must be appointed by the President Pro Tempore of the Senate; and three Representatives must be appointed by the Speaker of the House of Representatives.  The members of the board shall elect the chairman of the board to serve a four-year term as a voting board member.  The current board chairman, as established by the Governor's Executive Order No. 99-20 (May 5, 1999) and reconfirmed by the letter from the Governor dated October 23, 2003, shall serve a four-year term as chairman beginning with the effective date of this act.
     The board members shall serve terms of four years.  A vacancy that occurs on the board must be filled by appointment by the Governor, the President Pro Tempore of the Senate, or the Speaker of the House of Representatives, as appropriate, for the remainder of the unexpired term.
     The Chairman of the Board is authorized to make all personnel decisions to include the hiring of any necessary staff for the operation of PalmettoPride, including an Executive Coordinator.  The coordinator shall submit an annual budget for the operation of PalmettoPride to the board of directors.  The board of directors shall approve, disapprove, amend, or modify the budget recommended by the Executive Coordinator.
     PalmettoPride may accept gifts, bequests, and grants from any person or foundation, and may also may receive and expend public funds appropriated to it or authorized by the General Assembly.  Monies authorized and/or appropriated in Section 26, Part IA of this act, designated to the PalmettoPride-Litter Control Program pursuant to Section 14-1-208(10) must not be transferred or used for a purpose other than PalmettoPride-Litter Control.  Unexpended funds must be carried forward and used only for authorized purposes.
     26.7.      (PRT: Competitive Grants)  Of funds appropriated to the department for Competitive Grants, these funds may be released to local subdivisions or nonprofit organizations for travel and tourism industry purposes only upon the approval of the Grants Committee of the Budget and Control Board.  The agency is prohibited from transferring these funds to other programs.  In addition, the agency may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee.
     26.8.      (PRT: State Park Privatization Approval)  Before the department may enter into a final contract to privatize all or a portion of Cheraw State Park or Hickory Knob State Park, approval of the majority of the General Assembly must be obtained, in addition to the approval of the State Budget and Control Board.
     26.9.      (PRT: Charlestown Landing)  Of proceeds received by the department from the sale of any property currently titled to the department, or sale of property which was titled to the department prior to the title being transferred to the Budget and Control Board, $7,000,000 shall be used for Charlestown Landing, the "Birthplace of the State".
     26.10.      (PRT: Lapse Palmetto Bowl Funding)  The Department of Parks, Recreation, and Tourism is directed to lapse the Fiscal Year 2004-05 $380,000 Palmetto Bowl appropriation to the General Fund.
     26.11.      (PRT: Destination Specific Tourism Marketing)  From the funds appropriated in Part IA, Section 26, for the Tourism and Sales Marketing program, the department shall use not less than $2,000,000 for a destination specific tourism marketing grant program.  Each state dollar must be matched with two dollars of private funds.  An organization receiving a state grant must certify that, as of the date of the application:  (i) the private funds are new dollars specifically designated for the purpose of matching state funds; (ii) the private funds have not been previously allocated or designated for tourism-related destination marketing; (iii) the private funds were collected in the present calendar year; and (iv) the organization has on hand not less than $2,000,000 of private funds.  Organizations applying for a grant must include in the grant application, information on how the organization proposes to measure the success of the marketing and public relations program, including the estimated return on investment to the state.  Promotional programs proposed by an applicant must be based on research-based outcomes.  Grants must be made only to organizations that have a proven record of success in creating and sustaining new and repeat visitation to its area and must have sufficient resources to create, plan, implement, and measure the marketing and promotional efforts undertaken as a part of the program.  The department must award a grant only to one qualified destination marketing organization within the geographic region where the organization's private funds are raised.  An organization receiving a grant must use the public and private funds only for the purpose of destination specific marketing and public relations designed to stimulate destination travel by persons outside the state to destinations within the state.  All grants that qualify under the program must be funded if funds are available.  Funding of all qualified grants will be on a first come first served basis with such basis retained throughout the term of this proviso.  Grant recipients shall provide an annual report by November 1, to the Chairmen of the Senate Finance Committee and the House Ways and Means Committee on the expenditure of the grants funds and on the proposed outcome measures.
SECTION 27 - P32 - DEPARTMENT OF COMMERCE

     27.1.      (CMRC: Development - Publications Revenue)  The proceeds from the sale of publications may be retained in the agency's printing, binding, and advertising account to offset increased costs.
     27.2.      (CMRC: Economic Dev. Coordinating Council - SCIP GIS Carry Forward)  From the amount set aside in 12-27-1270, the council is authorized to use up to $60,000 to continue to contract with the Division of State Development for the development of the South Carolina Infrastructure-Economic Development Planning Project (SCIP) utilizing support the Geographic Information Systems, GIS (GIS) program for and actual operating expenses of the council's staff operations in support of business recruitment and retention, as approved by council.  Any balance on June 30 of the prior fiscal year may be carried forward and expended for the same purposes in the current fiscal year.
     27.3.      (CMRC: Savannah Valley - Carry Forward)  The Division of Savannah Valley Development is hereby authorized to carry forward unexpended funds, regardless of their origin, for the authorized purposes of the development as specified in its legislation.
     27.4.      (CMRC: Aeronautics - Reimbursement for Services Carry Forward)  The Division of Aeronautics may retain and expend reimbursements derived from charges to other government agencies for service and supplies for operating purposes and that a reserve not to exceed $300,000 may be carried forward to the current fiscal year for the replacement of time limit aircraft components.
     27.5.      (CMRC: Aeronautics - Office Space Rental)  Revenue received for rental of office space may be retained and expended to cover the cost of building operations.
     27.6.      (CMRC: Aeronautics - Funding Sequence)  All General Aviation Airports will receive funding prior to the four air carrier airports (i.e. Columbia, Charleston, Greenville-Spartanburg, Myrtle Beach Jetport) as these qualify for special funding under the DOT/FAA appropriations based on enplanements in South Carolina.  This policy may be waived to provide matching state funds for critical FAA safety or capacity projects at air carrier airports.
     27.7.      (CMRC: Aeronautics - Hangar/Parking Facilities)  The Division of Aeronautics will provide hangar/parking facilities for government owned and/or operated aircraft on a first come basis.  Funds shall be retained by the division for the purpose of hangar and parking facility maintenance.  The Hangar Fee Schedule shall be determined by the division and shall not exceed local average market rates.
     Personnel from the agencies owning and/or operating aircraft will be responsible for ground movement of their aircraft.
     27.8.      (CMRC: Aeronautics - Airport Development)  Any line item appropriation for airports shall be disbursed for eligible airport development items as approved by the division.
     27.9.      (CMRC: Aeronautics - Clothing Allowance)  The Division of Aeronautics is hereby authorized to provide pilots with an annual clothing allowance (on a pro rata basis) not to exceed $400 per pilot for required clothing used in the performance of their primary duty.
     27.10.      (CMRC: Grant Funds Carry Forward)  Any unexpended balance on June 30, of the prior fiscal year, for Matching National Grant Funds, may be carried forward to the current fiscal year and used for matching committed and/or unanticipated grant funds.
     27.11.      (CMRC: Carry Forward Sale of Aircraft Proceeds)  The Department of Commerce may carry forward proceeds from the sale of aircraft to be used for replacement aircraft and for required Federal Aviation Administration upgrades to existing aircraft.
     27.12.      (CMRC: Aviation Grants)  The funds appropriated for Aviation Grants, in this bill or any bill supplemental thereto, shall be credited to the State Aviation Fund within the Division of Aeronautics of the Department of Commerce for the following purposes:
           (1) to allow the maximization of grant funds available through the Federal Aviation Administration for capital improvement projects; this does not include administration or operational projects; and/or
           (2) for maintenance projects of general aviation airports; and or
           (3) for aviation education related programs including, but not limited to, educating young people about careers in the aviation industry and/or the promotion of aviation in general.
     Sponsors of publicly owned airports for public use are eligible to receive grants pursuant to this provision, but the airport must have a current development plan that meets the planning requirements of the National Plan of Integrated Airports Systems.
     The Secretary of Commerce shall promulgate regulations establishing the grants program that, at a minimum, address: (1) priorities among improvements qualifying for grants; (2) an airport selection process to ensure an equitable distribution of funds among eligible airports; and (3) the criteria for distribution of funds among eligible airports.
     Enabling airport sponsors to meet basic Federal Aviation Administration safety guidelines for obstruction clearance must be a major factor in the priority guidelines established by the Secretary of Commerce pursuant to this provision.  The Secretary also shall have discretion consistent with Section 55-5-170 to establish a program to grant Aviation Fund dollars for these purposes at the ratio of eighty percent from the fund to twenty percent from the local airport sponsor, or any ratio with a smaller relative contribution from the fund.
     A report on the expenditure of these funds shall be submitted to the Senate Finance Committee and the House Ways and Means Committee.
     Notwithstanding any other provision of law, unspent funds from the prior fiscal year may be carried forward to the current fiscal year and spent for like purposes.
     27.13.      (CMRC: Coordinating Council Funds)  Notwithstanding any other provision of law, from the amount set aside pursuant to Section 12-28-2910 of the 1976 Code, the council is authorized to expend funds which were not obligated or committed as of July 1 of the current fiscal year only for the purposes of water/sewer projects, road construction/improvement projects, and for site preparation as necessary for the construction location or expansion of an industry or business facility in South Carolina.  Eligible expenditures include water/sewer projects, road or rail construction/improvement projects, land acquisition, fiber-optic cable, relocation of new employees for technology intensive and research and development facilities as defined in South Carolina Code Section 12-6-3360, and site preparation.  Site preparation is defined as surveying, environmental and geo-technical study and mitigation, clearing, filling, and grading.  The Coordinating Council shall annually prepare a detailed report each year for submission to the General Assembly by March 15 of each year which itemizes the expenditures from the fund for the preceding calendar year.  Such report shall include an identification of the following information:  a) company name or confidential project number; b) location of the project; c) amount of grant award; and d) scope of grant award.
     The General Assembly shall not appropriate funds, and shall not direct the Coordinating Council to extend loans or grants nor shall the Coordinating Council extend any loans or grants from the amount set aside pursuant to Section 12-28-2910 for any purpose other than those listed in this proviso.
     27.14.      (CMRC: Economic Development Coordinating Council - Administrative Expenses)  Notwithstanding any other provision of law, the Council: (1) may retain up to five percent of the revenue received by the State Rural Infrastructure Fund for the purposes of meeting administrative, reporting, establishment of grant guidelines, review of grant applications, and other statutory obligations; and (2) may increase the application fee for qualification for the Enterprise Zone Program from two thousand to four thousand dollars of which $500 will be shared with the Department of Revenue and establish annual renewal fees of $500 for the Enterprise Zone and Retraining Programs to be shared equally with the Department of Revenue for the purposes of meeting administrative, data collection, credit analysis, cost-benefit analysis, reporting, and other statutory obligations.
     27.15.      (CMRC: Export Trade Show Funds)  Funds collected from South Carolina companies for offsetting costs associated with participation in future trade shows may be carried forward from the prior fiscal year to the current fiscal year and used for that purpose.
     27.16.      (CMRC: Special Events Advisory Committee)  The Department of Commerce is required to establish a Special Events Advisory Committee to provide oversight to the department as it relates to the department's Special Events Fund.  The Advisory Committee shall be made up of contributors to the Fund appointed by the Secretary of Commerce and shall consist of no fewer than 8 members, including a chairman.  The Advisory Committee shall establish guidelines for the use of these funds.  The Department of Commerce shall prepare a detailed report and have an independent audit of all expenditures of the fund during the previous calendar year.  None of these funds shall be used for operating expenses.  The report shall be submitted to the Governor, the Speaker of the House, the President of Pro Tempore of the Senate, the Chairman of the House Ways and Means Committee, and Chairman of the Senate Finance Committee.
     27.17.      (CMRC: SC World Trade Center)  Of funds appropriated to the department, $100,000 shall be transferred to the South Carolina World Trade Center.
     27.18.      (CMRC: Development-Rental Revenue)  Revenue received from the sublease on non-state owned office space may be retained and expended to offset the cost of the department's leased office space.
     27.19.      (CMRC: Development-Ad Sales Revenue)  The department may charge a fee for ad sales in department authorized publications and may use these fees to offset the cost of printing and production of the publications.  Any revenue generated above the actual cost shall be remitted to the General Fund.
     27.20.      (CMRC: Foreign Offices)  The Secretary of Commerce shall be authorized to appoint the staff of the department's foreign offices on a contractual basis on such terms as the Secretary deems appropriate, subject to review by the Office of Human Resources of the Budget and Control Board.
     27.21.      (CMRC: Funding For I-73 & I-74)  Of the funds authorized for the Coordinating Council Economic Development, $500,000 shall be made available for the routing, planning and construction of I-73, beginning at the entrance into South Carolina at the South Carolina/North Carolina border on Highway 38, and $500,000 shall be made available for the routing, planning, and construction of I-74.
     27.22.      (CMRC: Reimbursement of Expenditures)  Any reimbursements of expenditures in prior fiscal years related to infrastructure costs for the ICAR project shall be retained by the department for repayment of funds previously used for the ICAR project.
     27.23.      (CMRC: Yearly Financial Audit)  Notwithstanding any other provision of law, the Department of Commerce may have an Agreed Upon Procedures audit in lieu of having audited financial statements.  This audit shall be in coordination with the State Auditor's Office and will be in accordance with generally accepted accounting principles and must comprise all financial records and controls.  This audit must be completed by November 1 following the close of the fiscal year.
     27.24.      (CMRC: Competitive Grants)  Of funds appropriated to the department for Competitive Grants, these funds may be released to local subdivisions or nonprofit organizations for economic development purposes only upon the approval of the Grants Committee of the Budget and Control Board.  The agency is prohibited from transferring these funds to other programs.  In addition, the agency may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee.
     27.25.      (CMRC: Coordinating Council - Rural Infrastructure Funds)  The Department of Commerce Coordinating Council is hereby authorized to carry forward committed and uncommitted funds from the State Rural Infrastructure Fund, for the authorized purposes as specified in its legislation.
     27.26.      (CMRC: Job Development Credits)  Any company that received approval for Job Development Credits in January 2005 shall have the option of using the prior year's county classification for purposes of obtaining the Job Development Credits.
     27.27.      (CMRC: World Trade Center)  Of the funds appropriated to the department for the SC World Trade Park and Education Center, these funds shall not be transferred to any other program within the department for any other purpose.
     27.28.      (CMRC: Motion Picture Rebate)  From the amount set aside pursuant to Section 12-62-60, the South Carolina Film Commission may rebate to a motion picture production company up to thirty percent of the expenditures made by the motion picture production company in the State.  Motion picture production companies that have previously been approved at the lower percentages may reapply for the higher percentages only if the project that was approved is still in production in South Carolina as of the effective date of this proviso.
     27.29.      (CMRC: WIA Prior Year Payments)  The Department of Commerce shall be allowed to pay Workforce Investment Act prior-year obligations with current year funds.
     27.30.      (CMRC: Natural Gas Supply Study)  From the funds appropriated to the Department of Commerce in Section 27, Part IA of this act, the department must provide up to $2,500 to cover the costs for the completion of a natural gas supply study should such a study be authorized by a Joint Resolution of the General Assembly during the 2006 legislative session.
     27.31.      (CMRC: County Industrial Utility Infrastructure Grant Program)  From Coordinating Council for Economic Development funds appropriated to the department for the current fiscal year, $1,500,000 must be set aside in a special account titled "County Industrial Utility Infrastructure Grant Program."  A county is eligible for a grant only if the project is to assist with an existing or planned utility infrastructure project in an industrial park located within five miles of interstates 20, 26, 73, 77, 85, 95, or any of their spurs, and if the county unemployment rate is 10.0% or higher for the most recent month as published by the SC Employment Security Commission.  The department shall develop the process and application forms for the program.  The department shall hold all applications until June 15th of the current fiscal year.  At that time following the receipt of the application from the eligible counties and upon approval by the Coordinating Council for Economic Development, grants shall be awarded pro rata to the eligible counties.

SECTION 29A - P40 - S.C. CONSERVATION BANK

     29A.1.      (CB: Conservation Bank Trust Fund)  All revenues designated for the South Carolina Conservation Bank pursuant to Sections 12-24-95 and 12-24-97 of the 1976 Code must be credited to the South Carolina Conservation Bank Trust Fund.

SECTION 30 - B04 - JUDICIAL DEPARTMENT

     30.1.      (JUD: Prohibit County Salary Supplements)  County salary supplements of Judicial Department personnel shall be prohibited.
     30.2.      (JUD: County Offices For Judges)  Every county shall provide for each circuit and family judge residing therein an office with all utilities including a private telephone, and shall provide the same for Supreme Court Justices and Judges of the Court of Appeals upon their request.
     30.3.      (JUD: Commitments to Treatment Facilities)  The appropriation for continued implementation of Article 7, Chapter 17, of Title 44 of the 1976 Code, Chapter 24 of Title 44 of the 1976 Code, and Chapter 52 of Title 44 of the 1976 Code, relating to commitments, admissions and discharges to mental health facilities, or treatment facility for the purpose of alcohol and drug abuse treatment, shall be expended for the compensation of court appointed private examiners, guardians ad litem, and attorneys for proposed patients, and related costs arising from the filing, service and copying of legal papers and the transcription of hearings or testimony.  Court appointed private examiners, guardians ad litem and attorneys shall be paid at such rates or schedules as are jointly determined to be reasonable by the South Carolina Association of Probate Judges, the State Court Administrator, and the South Carolina Department of Mental Health with the approval of the Attorney General.  The Judicial Department shall notify the Senate Finance Committee and the House Ways & Means Committee of any fee adjustment or change in schedule before implementation.
     30.4.      (JUD: Judicial Commitment)  Except as otherwise provided in Section 72.5, no money appropriated pursuant to Item VI, Judicial Commitment shall be used to compensate any state employees appointed by the court as examiners, guardians ad litem, or attorneys nor shall such funds be used in payment to any state agency for providing such services by their employees.
     30.5.      (JUD: Judicial Expense Allowance)  Each Supreme Court Justice, Court of Appeals Judge, Family Court Judge and Circuit Court Judge and any retired judge who receives payment for performing full-time judicial duties pursuant to Section 9-8-120 of the South Carolina Code of Laws, shall receive five hundred dollars per month as expense allowance.
     30.6.      (JUD: Special Judge Compensation)  In the payment of funds from "Contractual Services," and "Administrative Fund," that no special judge shall be paid for more than a two week term within a fiscal year except that this restriction will not apply in case of an ongoing trial.
     30.7.      (JUD: Advance Sheet Revenues Deposit)  The Judicial Department shall retain any advance sheet revenues collected above the amount remitted to the general fund in FY 01-02 and shall deposit such revenue into a special revenue account and expend these funds for the production and distribution of same.
     30.8.      (JUD: BPI/Merit)  Judicial employees shall receive base and average merit pay in the same percentages as such pay are granted to classified state employees.
     30.9.      (JUD: Supreme Court Bar Admissions)  Any funds collected from the Supreme Court Bar Admissions Office in excess of the amount required to be remitted to the general fund may be deposited into an escrow account with the State Treasurer's Office.  The department is authorized to receive, expend, retain, and carry forward these funds.
     30.10.      (JUD: Travel Reimbursement)  State employees of the Judicial Department traveling on official state business must be reimbursed in accordance with Section 72.26(J) of this Act.
     30.11.      (JUD: Interpreters)  The funds appropriated in this section for "Interpreters" shall be used to offset costs associated with interpreters appointed in judicial proceedings under Sections 17-1-50, 15-27-155, and 15-27-15.  The selection, use, and reimbursement of interpreters shall be determined under such guidelines as may be established by the Chief Justice of the Supreme Court.  Interpretive services for hearing impaired persons shall be obtained through contract with the South Carolina School for the Deaf and the Blind, provided that if the Chief Justice determines, for any reason, that adequate services are not available through the South Carolina School for the Deaf and the Blind, the Judicial Department may secure interpretive services from any qualified vendor.
     30.12.      (JUD: Reimbursement Receipt Deposit)  Amounts received as payment for reproducing, printing, and distributing copies of court rules and other department documents shall be retained for use by the department.
     30.13.      (JUD: Surplus Property Disposal)  Technology equipment that has been declared surplus may be donated directly to counties for use in court-related activities.
     30.14.      (JUD: Judicial Carry Forward)  In addition to the funds appropriated in this section, the funds appropriated for the Judicial Department in the prior fiscal year which are not expended during that fiscal year may be carried forward to be expended in the current fiscal year.
     30.15.      (JUD: Case Management Services)  The Judicial Department shall retain revenue generated by charging a fee for technology support services provided to users of the State case management system.  These funds may be expended and carried forward to offset the costs of supporting and maintaining the case management system.
     30.16.      (JUD: Magistrates' Training)  From the funds appropriated to the Judicial Department, the department shall provide magistrates annual continuing education on domestic violence, which may include, but is not limited to:
           (1)      the nature, extent, and causes of domestic and family violence;
           (2)      issues of domestic and family violence concerning children;
           (3)      prevention of the use of violence by children;
           (4)      sensitivity to gender bias and cultural, racial, and sexual issues;
           (5)      the lethality of domestic and family violence;
           (6)      legal issues relating to domestic violence and child custody;
           (7)      procedures, penalties, programs, and other issues relating to criminal domestic violence, including social and psychological issues relating to such violence, the vulnerability of victims and volatility of perpetrators, and the court's role in ensuring that the parties have appropriate and adequate representation;             (8)      procedures and other matters relating to issuing orders of protection from domestic violence.

SECTION 32 - E20 - ATTORNEY GENERAL'S OFFICE

     32.1.      (AG: Hiring of Attorneys)  No department or agency of the State Government shall hire any classified or temporary attorney as an employee except upon the written approval of the Attorney General and at a compensation approved by him.  All such attorneys shall at all times be under the supervision and control of the Attorney General except as otherwise provided by law unless obtaining prior approval by the Budget and Control Board.
     32.2.      (AG: Engage Attorney on Fee Basis)  No department or agency of the State Government shall engage on a fee basis any attorney at law except upon the written approval of the Attorney General and upon such fee as shall be approved by him.  This shall not apply to the employment of attorneys in special cases in inferior courts where the fee to be paid does not exceed two hundred fifty ($250.00) dollars or exceptions approved by the Budget and Control Board.
     32.3.      (AG: Litigation Expense)  Notwithstanding any other provision of law, the Office of the Attorney General may obtain reimbursement for its costs in representing the State in criminal proceedings and in representing the State and its officers and agencies in civil and administrative proceedings.  These costs may include, but are not limited to, attorney fees or investigative costs or costs of litigation awarded by court order or settlement, travel expenditures, depositions, printing, transcripts, and personnel costs.  Reimbursement of these costs may be obtained by the Office of the Attorney General from the budget of an agency or officer that it is representing or from funds generally appropriated for legal expenses with the approval of the Budget and Control Board.
     32.4.      (AG: Elder and Vulnerable Adults Abuse Reports)  The Long Term Care Ombudsman Program and the Adult Protection Services Program shall forward to the Attorney General's Office reports of abuse, neglect, or exploitation of elders or vulnerable adults as defined pursuant to the Omnibus Adult Protection Act.  The Attorney General and these investigative entities shall enter into memoranda of understanding to determine which reports shall be sent to the Attorney General's Office, the time frame to be met and any other process needed to meet the requirements of this proviso.
     32.5.      (AG: Sexually Violent Predator Act Filing Fees)  The State of South Carolina, or a person or entity acting on behalf of the State of South Carolina, is not required to pay filing fees in proceedings brought under Chapter 48 of Title 44, the Sexually Violent Predator Act.
     32.6.      (AG: Complex Criminal Litigation-Palmetto Exile Prosecutions)  Notwithstanding the maximum amount allowed in the Complex Criminal Litigation Fund pursuant to Sections 14-1-206, 14-1-207, and 14-1-208 of the 1976 Code, for the current fiscal year an additional $77,500 may be retained in the fund and used by the Attorney General for the expenses of prosecutions under the Palmetto Exile Project, and such prosecutions are deemed complex criminal litigation for purposes of determining the uses to which the revenue of the fund may be applied.
     32.7.      (AG: Prior Year Expenditures)  The Office of the Attorney General is authorized to use unexpended federal funds in the current fiscal year to pay for expenditures incurred in the prior fiscal year.
     32.8.      (AG: Other Funds Carry Forward)  Any balance of unexpended funds, not including general fund appropriations, may be carried forward for the operation of the Attorney General's office.
     32.9.      (AG: Reimbursement for Expenditures)  The Office of the Attorney General may retain for general operating purposes, any reimbursement of funds for expenses incurred in a prior fiscal year.
     32.10.      (AG: Donation Carry Forward)  All revenue derived from donations received at the Office of the Attorney General shall be retained, carried forward, and expended according to agreement reached between the donor, or donors, and the Attorney General.
     32.11.      (AG: Insurance Fraud)  The Attorney General's Office will conduct a study of the insurance fraud cases that are pursued using funds provided to the Attorney General's Office in Part 1A, Section 32 of this Act.  The Attorney General is authorized to prosecute insurance fraud cases referred to it by the Department of Insurance, private citizens, insurance companies or any other entity.  The study will be to determine the effect of the success of insurance fraud prosecution in South Carolina and shall at a minimum include:  information and statistics regarding the status of matters reported to the Insurance Fraud Division, if not privileged information by law; the number of allegations or reports received; the number of matters referred to the South Carolina Law Enforcement Division for investigation; the outcome of all investigations and prosecutions, if not privileged by law; the total amount of fines levied by the court and paid to or deposited by the Insurance Fraud Division, and the total amount of restitution ordered to be paid to victims of insurance fraud.  The Attorney General's Office, Insurance Fraud Division shall report its findings to the General Assembly May 30, 2006.

SECTION 33 - E21 - PROSECUTION COORDINATION COMMISSION

     33.1.      (PCC: Solicitor Salary)  The amount appropriated in this section for salaries of solicitors shall be paid to each full-time solicitor.
     33.2.      (PCC: Solicitor Expense Allowance)  Each solicitor shall receive five hundred dollars ($500.00) per month as expense allowance.
     33.3.      (PCC: Judicial Circuits State Support)  The amount appropriated and authorized in this section for Judicial Circuits (16) State Support may, upon approval of the commission, be used to fund necessary administrative and personnel costs of the commission and other expenditures approved by the commission, not to exceed 5% of the appropriation, and the balance thereafter remaining shall be apportioned among the circuits on a per capita basis and based upon the official census of 2000.  Payment shall be made as soon after the beginning of each quarter as practical.
     33.4.      (PCC: Solicitor Carry Forward)  Any unexpended balance on June 30, of the prior fiscal year, may be carried forward into the current fiscal year and expended for the operation of the solicitor's office relating to operational expenses.
     33.5.      (PCC: Solicitor's Office - County Funding Level)  It is the intent of the General Assembly that the amounts appropriated for solicitors' offices shall be in addition to any amounts presently being provided by the county for these services and may not be used to supplant funding already allocated for such services without any additional charges.
     33.6.      (PCC: Worthless Check Unit)  A Circuit Solicitor may establish, under his direction and control and with the agreement of the county governing body, a Worthless Check Unit for the purpose of processing worthless checks and to assist the victims of these cases in the collection of restitution.  The fee schedule shall be fifty dollars for checks up to $500, one hundred dollars for checks $501-$1,000, and one hundred-fifty dollars for checks $1,001 or greater.  An amount equal to the allowable administrative costs contained in Section 34-11-70(c) must be added to the fee.  All fees, other than court costs and an amount equal to the allowable administrative costs contained in Section 34-11-70(c) which must be remitted to the treasurer for deposit in the county general fund, collected by the Worthless Check Unit in accordance with the fee schedule promulgated under this proviso must be deposited into a fund known as the Worthless Check Fund maintained by the county treasurers of the counties comprising the circuit.  All funds collected and deposited in this fund shall be applied first to defray the costs of operation of the Worthless Check Unit with the balance thereof to be used by the Solicitor to pay normal operating expenses of his office.  Withdrawals from this account shall be made only at the request of the Solicitor.  The funds generated pursuant to this proviso must not be used to reduce the amount budgeted by the county to the Solicitor's office.  The Solicitor shall further maintain an account for the purpose of collection and disbursement of restitution of all funds collected for the benefit of the victims of the worthless check.  The Worthless Check Unit shall disburse to the victim all restitution collected in connection with the original complaint filed.  If the victim cannot be located after a reasonable time and upon diligent efforts to locate him, the restitution due the victim must be transferred to the general fund of the county.
     33.7.      (PCC: Drug Court Funding)  (A)  In addition to all other assessments and surcharges required to be imposed by law, during the current fiscal year, a one hundred dollar surcharge is also levied on all fines, forfeitures, escheatments, or other monetary penalties imposed in the general sessions court or in magistrates' or municipal court for misdemeanor or felony drug offenses.  No portion of the surcharge may be waived, reduced, or suspended.  (B)  The revenue collected pursuant to subsection (A) must be retained by the jurisdiction which heard or processed the case and paid to the State Treasurer within thirty days after receipt.  The State Treasurer shall transmit these funds to the Prosecution Coordination Commission which shall then apportion these funds among the sixteen judicial circuits on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States census.  The funds shall be used for drug treatment court programs only.  (C)  It is the intent of the General Assembly that the amounts generated by this paragraph shall be in addition to any amounts presently being provided for drug treatment court programs and may not be used to supplant funding already allocated for these services.  (D)  The State Treasurer may request the State Auditor to examine the financial records of any jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to subsection (B).  The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination.
     33.8.      (PCC: Solicitors Victim/Witness Assistance Programs)  The amount appropriated and authorized in Part IA, Section 33 for Solicitors Victim/Witness Assistance Programs shall be apportioned among the circuits on a per capita basis and based upon the official census of 2000.  Payment shall be made as soon after the beginning of each quarter as practical.
     33.9.      (PCC: Criminal Domestic Violence Prosecution)  The amount appropriated in Part IA, Section 33, for Criminal Domestic Violence Prosecution shall be apportioned equally among the circuits.  The amount appropriated shall be used solely for the purpose of criminal domestic violence prosecution in the magistrate and circuit courts.  Payment shall be made as soon after the beginning of each quarter as practical.  Each Solicitor shall designate at least one individual prosecutor per county for this purpose.  A Solicitor and the Attorney General may partner to accomplish these provisions.  The Prosecution Coordination Commission shall retain information and data on criminal domestic violence prosecutions and shall provide the General Assembly with an annual report no later than 60 days after the conclusion of the fiscal year.  If not privileged information by law, the report shall at a minimum include information and statistics regarding the location, the number and type of criminal domestic violence charges, the number of cases prosecuted, and the disposition of the cases.

SECTION 35 - E23 - COMMISSION ON INDIGENT DEFENSE

     35.1.      (INDEF: Defense of Indigents Formula)  The amount appropriated in this section for "Defense of Indigents" shall be apportioned among counties in accord with Section 17-3-70, 1976 Code, but on a per capita basis and based upon the most current official decennial census of the United States Census for 1990; provided that no county shall receive funding in an amount less than the amount apportioned to it as of July 1, 2005.  The level of contribution of each county as of July 1, 2001, must be maintained.  No county shall be permitted to contribute less money than the amount the county contributed as of July 1, 2001 in the prior fiscal year.  Within the amount of money established for indigent defense services, the State shall set aside $3,000,000 (Death Penalty Trial Fund) annually exclusively for use of the defense in capital cases pursuant to Section 16-3-26 of the 1976 Code, and for the expenses of the operation of the Commission on Indigent Defense.  The State also shall set aside $1,500,000 annually to pay fees and expenses of private counsel appointed in non-capital cases pursuant to Section 17-3-50 (Conflict Fund).  Of the funds generated from the fees imposed under Sections 14-1-206(C)(4), 14-1-207(C)(6) and 14-1-208(C)(6) and the application fee provided in Section 17-3-30(B), on a monthly basis, 50% must be deposited into the Death Penalty Trial Fund, 15% must be deposited into the Conflict Fund until each of these funds has received the required level of deposit, and the remaining funds each month must be apportioned among the counties' public defender offices pursuant to Section 17-3-70.  When either the Death Penalty Trial Fund or the Conflict Fund has been fully funded, the monthly revenue being set aside for that fund will be directed to the other fund until it is completely funded.  Upon complete funding of both the Death Penalty Trial Fund and the Conflict Fund, all revenue collected pursuant to Sections 14-1-206(C)(4), 14-1-207(C)(6), 14-1-208(C)(6), and 17-3-30(B) must be apportioned among the counties' public defender offices pursuant to Section 17-3-70.  At the end of each fiscal year, any funds remaining in the Conflict Fund shall be treated as provided in Section 17-3-330(B).  At the end of each fiscal year any leftover funds shall carryover to the next fiscal year.  All applications for the payment of fees and expenses in capital cases shall be applied for from the Death Penalty Trial Fund which shall be administered by the Commission on Indigent Defense.  All applications for the payment of fees and expenses of private counsel or expenses of public defenders pursuant to Section 17-3-50 shall be applied for from the Conflict Fund administered by the Office of Indigent Defense.
     35.2.      (INDEF: State Employee Compensation Prohibited)  Except as otherwise provided in Section 72.5, no money appropriated pursuant to Defense of Indigents shall be used to compensate any state employees appointed by the court as examiners, guardians ad litem or attorneys nor shall such funds be used in payment to any state agency for providing such services by their employees.
     35.3.      (INDEF: Appellate Conflict Fund)  The purpose of this fund is to provide money to pay attorneys for representing indigent defendants on appellate review when the Office of Appellate Defense is unable to do so.  Funds designated for appellate use in conflict cases shall be administered by the Office of Indigent Defense.  The Office of Appellate Defense must first determine that it is unable to provide representation.  Fees shall be $40 per hour for out of court work and $60 for in court work, with a maximum of $3,500 per case for non-capital appeals.  Fees shall be $50 per hour for out of court work and $75 per hour for in court work in capital appeals with a maximum of $10,000 per capital appeal.  The appropriate appellate court shall review and approve vouchers for payment for appellate conflict cases.  The Office of Appellate Defense shall continue to provide printing and other support functions currently provided from their resources.  On June 30 of each year, the Office of Indigent Defense shall review all outstanding obligations in this fund.  Any unspent and unobligated money shall be used to pay outstanding vouchers in the Death Penalty Trial Fund or the Conflict Fund, provided the designated fund has become exhausted during the year.
     35.4.      (INDEF: Post Conviction Relief Payments)  Notwithstanding any other provision of law, the court shall order payment of all fees and costs in non capital Post Conviction Relief cases from funds appropriated to the Office of Indigent Defense for the defense of indigents in non capital Post Conviction Relief cases.  Any attorney appointed shall be compensated at a rate not to exceed forty dollars per hour for time expended out of court and sixty dollars per hour for time expended in court. In court payments shall be made only for the time actually spent before the court.  Compensation and costs shall not exceed one thousand dollars in any single case and shall be paid from funds appropriated to the Office of Indigent Defense for the defense of indigents represented by court-appointed, private counsel, in non capital Post Conviction Relief cases.
     35.5.      (INDEF: Civil Court Appointments)  The funds appropriated under "Civil Court Appointments" shall be used for Civil Court Appointments including Termination of Parental Rights, Abuse and Neglect, Probate Court Commitments, Sexually Violent Predator Act, and Post Conviction Relief (PCR) to reimburse court appointed private attorneys.
     A portion of the funds appropriated under "Civil Court Appointments" shall be used for "Termination of Parental Rights" cases and "Abuse and Neglect" cases to reimburse private attorneys who are appointed by the Family Court to represent guardians ad litem, children, or parents under the provisions of S.C. Code Sections 20-7-110 et seq., 20-7-1570 et seq., 20-7-1695 (A)(2) et seq., 20-7-600 et seq., and 20-7-8705 (4)(a) et seq.  When private counsel is appointed pursuant to these provisions, counsel shall be reimbursed a reasonable fee to be determined on the basis of forty dollars per hour.  Reimbursement shall not exceed one thousand seven hundred fifty dollars for any case under which such private attorney is appointed.  Reimbursement in excess of the hourly rate and limit set forth herein is authorized only if the court certifies, in a written order with specific findings of fact, that reimbursement in excess of the rates or limit is necessary to provide reimbursement adequate to ensure effective assistance of counsel and reimbursement in excess of the limit is appropriate because the services provided were reasonably and necessarily incurred.  Payments shall be made from funds appropriated for this purpose from the Commission of Indigent Defense.
     A portion of the funds appropriated under "Civil Court Appointments" shall be used for "Probate Court Commitment" cases to reimburse private attorneys who are appointed by the Probate Court to represent indigent persons.  When private counsel is appointed pursuant to these provisions, counsel shall be reimbursed a reasonable fee to be determined on the basis of forty dollars per hour.
     A portion of the funds appropriated under "Civil Court Appointments" shall be used for "Sexual Violent Predator" cases to reimburse private attorneys who are appointed by the Circuit Court pursuant to Sections 44-48-10, et seq, to represent indigent persons and for the fees of necessary expert witnesses.  When private counsel is appointed pursuant to these provisions, counsel shall be reimbursed a reasonable fee to be determined on the basis of forty dollars per hour.  Payment shall be made from funds appropriated for this purpose from the Commission of Indigent Defense.
     If on June 30 of each year the Commission on Indigent Defense determines that the funds appropriated for Civil Court Appointments have not been exhausted but that other funds administered by the Commission on Indigent Defense are exhausted, the commission may transfer available funds to the exhausted fund(s) and pay any outstanding vouchers to the extent possible.
     35.6.      (INDEF: Guardian Ad Litem Appointments)  The Commission on Indigent Defense working with the Guardian ad Litem's Office of the Division of Children's Services, may allocate a portion of the funds provided for Civil Court Appointments for payments to individual Guardian ad Litem programs.  The commission shall take into consideration case loads, populations, needs, etc., of the individual offices, to determine an amount needed to provide effective representation of the children concerned.  In determining if any amount should be allocated, the commission must take into account the total funds appropriated and weigh this sum against the other demands and obligations of the Civil Appointments Fund.  The Commission on Indigent Defense shall report to the Senate Finance Committee and the House Ways and Means Committee any payments to individual Guardian ad Litem programs from funds provided from the Civil Appointment Fund.
     35.7.      (INDEF: County Contributions)  For the current fiscal year, in addition to amounts appropriated to the Commission on Indigent Defense for Defense of Indigents/Per Capita, no county shall reduce its contribution to the local Defender Corporation below the amount provided for such organization in the prior fiscal year.
     35.8.      (INDEF: Carry Forward)  To offset budget reductions, the Office of Indigent Defense may carry forward and utilize any unencumbered balances available in the Appellate Conflict Fund and the Civil Fund at the end of the prior fiscal year.
     35.9.      (INDEF: Carry Forward of Obligations)  Notwithstanding any other provision of law, the Commission on Indigent Defense is authorized to carry-forward unpaid obligations incurred and received for payment in one fiscal year and to pay, to the extent possible, these obligations from funds appropriated in the next year's budget.
     35.10.      (INDEF: Application Fee for Appointment of Counsel)  For the current fiscal year, the application fee for public defender services payable under Section 17-3-30(B) is increased to forty ($40) dollars.
     35.11.      (INDEF: Assessments Increase)  The assessment paid pursuant to Sections 14-1-206, 14-1-207, or 14-1-208 by a person who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in general sessions, magistrate's, or municipal court is increased from one hundred to one hundred seven and one-half percent of the fine imposed.  The revenues generated by this increase of seven and one-half percent must be deposited in the General Fund of the State.  From the total revenues generated by Sections 14-1-206, 14-1-207, and 14-1-208, and in addition to other uses prescribed by law, $3,200,000 shall be allocated to the following agencies for support of the programs specified:  $500,000 to the Department of Juvenile Justice for the Juvenile Arbitration Program; $450,000 to the Department of Juvenile Justice for the Marine Institutes; $500,000 to the Department of Juvenile Justice for regional status offender programs, of which $106,000 must be allocated to the Anderson County Upstate Youth Camp; and $1,750,000 to the Office of Indigent Defense for use in offsetting budget cuts.  It is the intent of the Legislature that the amount of the funds generated from this source and credited to the other State Agencies as provided by Sections 14-1-206, 14-1-207, or 14-1-208 shall not be less than the amounts credited to those agencies in the previous fiscal year.
     35.12.      (INDEF: Defense of Indigents Application Fee)  (A)  A person to whom counsel has been provided in any court in this state shall execute an affidavit that the person is financially unable to employ counsel and that affidavit shall set forth all of the person's assets.  If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets or a portion thereof to the Office of Indigent Defense of the State of South Carolina.
     (B)      A forty dollar application fee for appointed counsel services must be collected from every person who executes an affidavit that they are financially unable to employ counsel.  The person may apply to the court, the clerk of court, or other appropriate official for a waiver or reduction in the application fee.  If it is determined that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee is waived or reduced, the clerk or appropriate official shall report the amount waived or reduced to the trial judge and the trial judge shall order the remainder of the fee paid during probation if the person is granted probation or by a time payment method if probation is not granted or appropriate.  The clerk of court or other appropriate official shall collect the application fee imposed by this section and remit the proceeds to the Public Defender Application Fund on a monthly basis.  The monies must be deposited in an interest-bearing account separate from the general fund and used only to provide for indigent defense services.  The monies shall be administered by the Office of Indigent Defense.  The clerk of court or other appropriate official shall maintain a record of all persons applying for representation and the disposition of the application and shall provide this information to the Office of Indigent Defense on a monthly basis as well as reporting the amount of funds collected or waived.
     (C)      In matters in which a juvenile is brought before a court, the parents or legal guardian of such juvenile shall execute the above affidavit based upon their financial status and shall be responsible for paying any fee.  In juvenile matters, the parents or legal guardians of said juvenile, shall be advised in writing of this requirement at the earliest stage of the proceedings against said juvenile.
     (D)      Nothing contained above shall restrict or hinder a court from appointing counsel in any emergency proceedings or where existing statutes do not provide sufficient time for an individual to complete the application process.
     (E)      The appointment of counsel, as herein before provided, creates a claim against the assets and estate of the person who is provided counsel or the parents or legal guardians of a juvenile in an amount equal to the costs of representation as determined by a voucher submitted by the appointed counsel and approved by the court, less that amount that the person pays to the appointed counsel or defender corporation of the county or counties wherein he is being represented or to the Office of Indigent Defense as provided for above.
     (F)      Such claim shall be filed in the office of the clerk of court in the county where the person is assigned counsel, but the filing of a claim shall not constitute a lien against real or personal property of the person unless, in the discretion of the court, part or all of such claim is reduced to judgment by appropriate order of the court, after serving the person with at least thirty days' notice that judgment will be entered.  When a claim is reduced to judgment, it shall have the same effect as judgments, except as modified by this chapter.
     (G)      The court may, in its discretion, order any claim or judgment waived, modified or withdrawn.
     35.13.      (INDEF: Public Defender Fee)  Every person placed on probation on or after July 1, 2003, who was represented by a public defender or appointed counsel, shall be assessed a fee of five hundred dollars.  The revenue generated from this fee must be collected by the clerk of court and sent on a monthly basis to the Office of Indigent Defense to be divided between the Conflict Fund and the Defense of Indigents/Per Capita Fund administered by that office.  However, if a defendant fails to pay this fee, this failure alone is not sufficient basis for incarceration for a probation violation.  This assessment shall be collected and paid over before any other fees.  Provided, however, in those counties which contract with appointed counsel for the defense of indigents other than the public defender, one-half of the fee collected may be remitted by the Clerk of Court to the county which contracts for payment for these services.
     35.14.      (INDEF: Office of Indigent Defense Study Committee)  A study committee to develop a formula for the best disbursement of public defender distributions is established to review the current distribution methods and make recommendations for future public defender funds.  The study committee shall be composed of three members appointed by the Chairman of the Commission on Indigent Defense, one of whom must not be the chairman of said commission, and three members from Public Defenders Offices in selected counties, also appointed by the Chairman of the Commission on Indigent Defense.  Members of the study committee shall serve without compensation.  Personnel of the Office of Indigent Defense shall serve as staff and advisors to the committee.
     Findings and recommendations shall be reported to the General Assembly by September 1, 2006.  When calculating their funding method the committee may use any formula they deem best, but at least one formula model must include recommendations with violent crime rates and a poverty factor.  Upon submission of the report, the committee shall be dissolved.

SECTION 36 - K05 - DEPARTMENT OF PUBLIC SAFETY

     36.1.      (DPS: Special Events Traffic Control)  The highway patrol must not charge any fee associated with special events for maintaining traffic control and ensuring safety on South Carolina public roads and highways unless approved by the General Assembly.  Nothing shall prohibit the Treasury of the State from accepting voluntary payment of fees from private or public entities to defray the actual expenses incurred for services provided by the Department of Public Safety.
     36.2.      (DPS: Miscellaneous Revenue)  Notwithstanding any other provisions of law, revenue received from the sale of meals to employees and students attending non-mandated, advanced, or specialized training courses, sale of student locks and materials, sale of legal manuals and other publications, postal reimbursement, photo copying, sale of miscellaneous refuse and recyclable materials, insurance claim receipts, tuition from non-mandated, advanced, or specialized courses, coin operated telephones, revenue from E-911 and Coroner training, revenue from psychological screening, private college tuition, and revenue from canteen operations and building management services, revenue from regional and national marketing of the "Crime-to-Court" and other Department of Public Safety training series shall be retained by the department and expended in budgeted operations for food services, expansion of the department's distance learning programs, professional training, fees and dues, clothing allowance, and other related services or programs as the Director of the Department of Public Safety may deem necessary.
     The Department of Public Safety shall report annually to the General Assembly the amount of miscellaneous revenue retained and carried forward.
     36.3.      (DPS: Federal, Other Flow Through Funds)  In order to complete projects begun in a prior fiscal year, the Department of Public Safety is authorized to expend federal and earmarked funds in the current fiscal year for expenditures incurred in the prior fiscal year.
     36.4.      (DPS: License Fees)  Notwithstanding any provision of Title 56 of the 1976 Code relating to the disposition of revenues, all revenues derived under Title 56 credited to the Department of Public Safety must be credited to the General Fund of the State, except for those fees collected to recover the costs of the production, purchase, handling and mailing of documents, publications, records, and data sets, those fees collected under Sections 56-5-2951 and 56-1-286 for supplying and maintaining video cameras in law enforcement vehicles used for traffic enforcement and the issuance of the alcohol restricted license, those fees designated under Section 56-1-1320 to be used by the department to hire, train, and equip members of the highway patrol and state transport police, and the revenues of fees imposed pursuant to Sections 56-1-170, 56-1-286, 56-1-390, 56-1-740, 56-1-745, 56-1-746, 56-5-750, 56-5-2951, 56-9-430, 56-10-260, and 56-10-270, but only the revenues of that portion of these fees that represents increases in the rate of these fees over rates in effect June 30, 2001, to be used by the department to defray the expenses of the Department of Motor Vehicles.
     36.5.      (DPS: Motor Carrier Registration Fees)  Notwithstanding any other provisions of law, enforcement by the State Transport Police Division of the department, of Articles 3 and 5, of Chapter 23 of Title 58, shall be funded from the motor carrier registration fees collected by the Department of Motor Vehicles that previously were collected by the Public Service Commission and the Department of Public Safety.  Additionally, the State Transport Police is authorized to expend the motor carrier registration fees to build or renovate weigh stations.  All unexpended funds from prior years collected under this proviso may be retained and carried forward by the department for the same purposes.
     36.6.      (DPS: Witness Fee)  The Department of Public Safety is hereby authorized to charge a witness fee of $130.00 per hour, up to $1,000 per day for each trooper trained in Advanced Accident Investigation testifying in civil matters which do not involve the State as a party in interest.  This fee shall be charged in addition to any court prescribed payment due as compensation or reimbursement for judicial appearances and deposited into a designated revenue account.  The department is authorized to receive, expend, retain, and carry forward these funds.
     36.7.      (DPS: Commissioned Officers' Physicals)  The department is authorized to pay for the cost of physical examinations for department personnel who are required to receive such physical examinations prior to or after receiving a law enforcement commission.
     36.8.      (DPS: Retention of Emergency Expenditure Refunds)  The Department of Public Safety is authorized to collect, expend, retain, and carry forward all funds received from other state or federal agencies in the current fiscal year as reimbursement of expenditures incurred in the current or prior fiscal year when personnel and equipment are mobilized and expenses incurred due to an emergency.
     36.9.      (DPS: Retention of Private Detective Fees)  The Department of Public Safety is hereby authorized to receive, expend, retain, and carry forward all funds transmitted from SLED related to fees charged and collected by SLED from license and registration fees for private detective businesses, private security businesses, including employees of these businesses, and companies which provide private security on their own premises.  The funds transferred are to be used in the Bureau of Protective Services Program to provide security for state agencies and the Capitol Complex.
     36.10.      (DPS: Meals in Emergency Operations)  The Department of Public Safety may provide meals to employees of the department who are not permitted to leave assigned duty stations and are required to work during deployment, emergency simulation exercises and when the Governor declares a state of emergency.
     36.11.      (DPS: School Zone Safety Week)  From the funds appropriated to the department, the Department of Public Safety is directed to designate a week each year in every county as South Carolina School Zone Safety Week.  This week must correspond with the school start date for that county.  The department shall work to organize and engage state law enforcement officials and schools in activities that promote safety in school zones during the above named week.  The department shall provide suitable materials and other aids for use in the observance of the week.  In January of each year, the department shall provide a report to the Governor, the Speaker of the House, and the President Pro Tempore of the Senate, regarding the school zone safety activities the department has helped to organize.
     36.12.      (DPS: Inmate Release)  The Department of Public Safety is directed to utilize the funds appropriated to the department to positively ascertain the identity of any individuals arrested under Section 20-7-8920 or Section 20-7-8925 of the 1976 Code, before that individual is released from custody.
     36.13.      (DPS: Motor Carrier Advisory Committee)  From the funds appropriated and/or authorized to the Department of Public Safety and the Department of Motor Vehicles, the departments are directed to jointly establish a Motor Carrier Advisory Committee to solicit input from the Trucking Industry and other interested parties in developing policies and procedures for the regulation of this industry.  The members of the advisory committee shall serve without compensation.
     36.14.      (DPS: Law Enforcement Subsistence)  The provisions of Section 56-19-420 (B)(1) of the 1976 code are suspended for the current fiscal year and instead of the allocation provided pursuant to that subitem, the first one million dollars must be deposited into the State General Fund and used to increase the subsistence allowance for law enforcement officers.  For the current year the subsistence deduction allowed pursuant to Section 12-6-1140(6) of the 1976 Code is increased to six dollars and sixty-seven cents eight dollars for each regular work day.
     36.15.      (DPS: Sale of Real Property)  At such time as any portion of the Laurens Road property in Greenville is declared to be surplus by the agency or agencies which occupy said portion, and after receiving approval from the Budget and Control Board for the sale of the property, the Department of Public Safety, the Department of Transportation, and the Department of Motor Vehicles are authorized to receive, retain, expend, and carry forward funds derived from the sale of the real property in which each agency holds an interest or title.  No portion of the property may be declared as surplus by one agency if another agency is occupying said property.  The Department of Public Safety is directed to use these funds to defray the operating expenses of the Highway Patrol and the Department of Transportation and the Department of Motor Vehicles are directed to use their portion of these funds for department operating expenses.
     36.16.      (DPS: Building Fund Flexibility)  For the current fiscal year, all monies collected in the Department of Public Safety Building Fund, Subfund 3324, that exceed the annual bond payment and the amount needed for building repair must be utilized by the department to support the Highway Patrol.
     36.17.      (DPS: Yearly Financial Audit)  Notwithstanding any other provision of law, the Department of Public Safety may have an Agreed Upon Procedures audit in lieu of having audited financial statements.  This audit shall be in coordination with the State Auditor's Office and will be in accordance with generally accepted accounting principles and must comprise all financial records and controls.  This audit must be completed by November 1 following the close of the fiscal year.
     36.18.      (DPS: CMV Driver Rest Areas)  A joint working group is to be established between the Department of Transportation, Department of Public Safety, State Transport Police and the South Carolina Trucking Association to review and evaluate where critical rest areas may be made available for commercial motor vehicle drivers to park and obtain their federally mandated required rest.
     36.19.      (DPS: CMV Fines and Fees)  In the event the General Assembly adopts legislation that increases the current fine and fee structure for commercial motor vehicle size, weight, and safety violations, these increased funds must be utilized by the State Transport Police for weigh station improvements and construction.

SECTION 36A - R40 - DEPARTMENT OF MOTOR VEHICLES

     36A.1.      (DMV: Miscellaneous Revenue)  Notwithstanding any other provisions of law, revenue received from the sale of legal manuals and other publications, postal reimbursement, third party commercial driver license testing, photo copying, sale of miscellaneous refuse and recyclable materials, insurance claim receipts, and tuition from non-mandated, advanced, or specialized courses shall be retained by the department and expended in budgeted operations and other related services or programs as the Director of the Department of Motor Vehicles may deem necessary.  The Department of Motor Vehicles shall report annually to the General Assembly the amount of miscellaneous revenue retained and carried forward.
     36A.2.      (DMV: Federal, Other Flow Through Funds)  In order to complete projects begun in a prior fiscal year, the Department of Motor Vehicles is authorized to expend federal and earmarked funds in the current fiscal year for expenditures incurred in the prior fiscal year.
     36A.3.      (DMV: Publish County DMV Local Telephone Number)  From the funds appropriated in Part IA, Section 36A to the Department of Motor Vehicles, it is the intent of the General Assembly that the Department of Motor Vehicles in each county should have a local telephone number that is published.
     36A.4.      (DMV: Cost Recovery Fee/Sale of Photos or Digitized Images)  The Department of Motor Vehicles may collect processing fees and fees to recover the costs of the production, purchase, handling and mailing of documents, publications, records and data sets.  The amount charged by the Department of Motor Vehicles for any fees collected pursuant to this proviso may not exceed the rates that the department charged as of February 1, 2001.  The Department of Motor Vehicles may not sell, provide or otherwise furnish to private parties, copies of photographs, whether digitized or not, taken for the purpose of a driver's license or personal identification card.  Photographs and digitized images from a driver's license or personal identification card are not considered public records.  Funds derived from these sources shall be retained by the department.
     36A.5.      (DMV: License Fees)  Notwithstanding any provision of Title 56 of the 1976 Code relating to the disposition of revenues, all revenues derived under Title 56 credited to the Department of Motor Vehicles must be credited to the General Fund of the State, except for those fees collected to recover the costs of the production, purchase, handling and mailing of documents, publications, records, and data sets, those fees collected under Sections 56-5-2951 and 56-1-286 for supplying and maintaining video cameras in law enforcement vehicles used for traffic enforcement and the issuance of the alcohol restricted license, those fees designated under Section 56-1-1320 to be used by the Department of Public Safety to hire, train, and equip members of the highway patrol and state transport police, and the revenues of fees imposed pursuant to Sections 56-1-170, 56-1-286, 56-1-390, 56-1-740, 56-1-745, 56-1-746, 56-5-750, 56-5-2951, 56-9-430, 56-10-260, and 56-10-270, but only the revenues of that portion of these fees that represents increases in the rate of these fees over rates in effect June 30, 2001, to be used by the department to defray the expenses of the Department of Motor Vehicles.
     36A.6.      (DMV: Prohibit Sale of Social Security Numbers)  The Department of Motor Vehicles may not sell, provide, or otherwise furnish social security numbers in its records to private parties.
     36A.7.      (DMV: Expedited Documents and Records Upon Request)  The Department of Motor Vehicles may collect a surcharge, not to exceed $20 per document, in addition to normal fees to expedite requests for copies of documents and records at the option of the requesting party.  Requested documents or records will be available within 72 hours of receipt of the expedited request.  Normal document and record processing time will be not more than 30 days.  Funds derived from these sources shall be retained by the department.
     36A.8.      (DMV: Vehicle License Tax Year)  From funds allocated for other operating expenses in program II. D. Technology and Program Development, the department shall allocate sufficient funds to implement necessary accounting and computer operating system changes to ensure that after the transfer of a license tag to a vehicle, before any subsequent transfer of a license tag to that same vehicle is processed, the department shall require a paid tax receipt, based upon the value of the vehicle to which the license tag is being transferred, for the remaining months of the tax year of the license tag being transferred.  This requirement shall only apply if the owner requesting the transfer has previously transferred a tag to the same vehicle.  Should the vehicle from which the tag was transferred be re-registered, the registration cycle for that vehicle shall begin in the month that the new tag is issued.  This provision shall take effect January 1, 2006.
     36A.9.      (DMV: Validation Stickers)  Annual license tag validation stickers which are issued for non-permanent tags on certified, public law enforcement vehicles shall be issued without charge by the Department of Motor Vehicles.
     36A.10.      (DMV: DPPA Compliance Audit)  The Department of Motor Vehicles may charge fees to defray the costs associated with auditing and enforcing compliance of all Federal or State statutes and regulations pertaining to personal information for customers receiving information disseminated by the department as allowed by law.  This provision does not pertain to state agencies.  The Comptroller General shall place the funds into a special restricted account to be used by the department.
     36A.11.      (DMV: DMV Transaction Fee)  The Department of Motor Vehicles is authorized to collect a transaction fee from commercial third parties who either transmit or retrieve data from the DMV.  The fee cannot exceed five dollars per transaction and must be mutually agreed to by all parties. These fees are to be retained by the division and placed in a special restricted interest-bearing account to be used by the division to defray the costs associated with the maintenance and operation of the division's information and technology system.
     36A.12.      (DMV: CDL Skills Test Fee)  The commercial driver's license skills test shall be administered to an individual free of charge one time, thereafter the Department of Motor Vehicles is authorized to charge a fee of twenty-five dollars for each commercial driver's license skills test administered by the department.  State agency and school district employees who are required to possess a commercial driver's license in the course of their normal job duties are exempt from this requirement.  This fee must be deposited into a special earmarked account by the State Treasurer to be used by the Department of Motor Vehicles.
     36A.13.      (DMV: Motor Carrier Registration Fees)  Notwithstanding any other provisions of law, administration of Articles 3 and 5, of Chapter 23 of Title 58, shall be funded from the motor carrier registration fees collected by the department that previously were collected by the Public Service Commission.  All unexpended funds from prior years collected under this proviso may be retained and carried forward by the department for the same purposes.
     36A.14.      (DMV: Motor Carrier Advisory Committee)  From the funds appropriated and/or authorized to the Department of Motor Vehicles, the department is directed to establish a Motor Carrier Advisory Committee to solicit input from the Trucking Industry and other interested parties in developing policies and procedures for the regulation of this industry.  The members of the advisory committee shall serve without compensation.
     36A.15.      (DMV: License Tag Transfer Fee)  For the current fiscal year, the Department of Motor Vehicles is authorized to charge a fee of ten dollars for the transfer of a license plate from one vehicle to another vehicle owned or leased by the same person.  Of this fee, three dollars must be credited to the State General Fund.  The remainder must be placed into a special earmarked account by the State Treasurer to be used by the Department of Motor Vehicles.
     36A.16.      (DMV: Underutilized Offices)  The Director of the Department of Motor Vehicles is authorized to develop and implement a plan to reduce the hours of operation in underutilized DMV field offices.
     36A.17.      (DMV: Duplicate License Fee)  For Fiscal Year 2005-06 2006-07, the Department of Motor Vehicles is authorized to increase the Duplicate License Fee from three to ten dollars.  This incremental increase of seven dollars must be deposited into a special earmarked account by the State Treasurer to be used by the Department of Motor Vehicles.
     36A.18.      (DMV: Personalized License Plates)  Notwithstanding the provisions of Section 56-3-2010(B) of the 1976 Code, as amended, every personalized license plate issued to members of the General Assembly and members of the licensed state or federal commissions and boards expires January thirty-first each year.

SECTION 37 - N04 - DEPARTMENT OF CORRECTIONS

     37.1.      (CORR: Clothes/Transportation Upon Discharge)  Whenever an inmate shall be discharged from the Department of Corrections, the department shall furnish such inmate with a suit of common clothes, if deemed necessary, and transportation from the Department of Corrections to his home, if his home is located within this State.  If his home is not located in South Carolina, the Department of Corrections has the discretion of providing transportation to the inmate's home state, or to the county from which he was sentenced if his home is located outside this State.
     37.2.      (CORR: Farm Program)  Notwithstanding any provision of law to the contrary, the proceeds from the sale of all excess agricultural products produced by the Farm Program of the South Carolina Department of Corrections shall be retained by that agency to be utilized in the expansion and modernization of the program or at the discretion of the director, for projects or services benefiting the general welfare of the inmate population.
     37.3.      (CORR: Sale of Products)  In addition to sales currently authorized by statute, all articles or products produced by the Department of Corrections may be sold on the open market; those articles or products not provided for by statute, are sold and distributed through wholesalers and jobbers within this State.
     37.4.      (CORR: Habilitation Unit for Developmentally Disabled)  Notwithstanding any other provision of law to the contrary, the excess revenue generated by the Adult Work Activity Center be returned to the Department of Corrections to be utilized in the expansion and modernization of the Habilitation Unit for the Developmentally Disabled or at the discretion of the director, for projects or services benefiting the general welfare of the inmate population.
     37.5.      (CORR: Canteen Operations)  Revenue derived wholly from the canteen operations within the Department of Corrections on behalf of the inmate population, may be retained and expended by the department for the continuation of the operation of said canteens and the welfare of the inmate population.  The canteen operation is to be treated as an enterprise fund within the Department of Corrections and is not to be subsidized by state appropriated funds.
     37.6.      (CORR: Contract for Services)  Upon initiation by the South Carolina Department of Corrections, and upon prior approval by the Budget and Control Board, the Department of Corrections may contract for any and all services, but such services must (1) demonstrate reasonably comparable, cost-effectiveness to traditional methods of construction, (2) result in long-term operational cost-savings, (3) result in the provision of a new facility of sufficient bed, program, and support space more expeditiously than traditional methods, and (4) be subject to the year-to-year appropriation process of the General Assembly and state procurement procedures.
     37.7.      (CORR: E.H. Cooper Trust Fund)  Any unclaimed funds remaining in any inmate account, after appropriate and necessary steps are taken to determine and contact a  rightful owner of such funds, shall be deposited into the  Inmate Welfare Fund.
     37.8.      (CORR: Instructional Salaries)  The certified instructional personnel of the Department of Corrections shall receive a percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the instructional personnel throughout the State.
     37.9.      (CORR: Funding Through State Criminal Assistance Program)  All funds received by the State from the United States Department of Justice, State Criminal Alien Assistance Program, for care and custody of illegal aliens housed in the state correctional facilities shall be retained by the South Carolina Department of Corrections to offset incurred expenses.
     37.10.      (CORR: Surplus Farm Produce)  The Department of Corrections shall be authorized to sell surplus farm produce, with any funds generated to be utilized by the department to offset costs of the farming operation or at the discretion of the director, for projects or services benefiting the general welfare of the inmate population.
     37.11.      (CORR: Remedial Education Funding)  A criminal offender committed to the custody of the Department of Corrections, who has been evaluated to function at less than an eighth grade educational level, or less than the equivalent of an eighth grade educational level, may be required by department officials to enroll and actively participate in academic education programs.  Funds appropriated to the Department of Corrections for educational programs shall be prioritized to assure such remedial services are provided.
     37.12.      (CORR: Tire Retreading Program Restriction)  The tire retreading program at the Lieber Correctional Institution shall be limited to the marketing and sale of retreads to state governmental entities.
     37.13.      (CORR: Social Security Administration Funding)  All funds received by the S.C. Department of Corrections from the Social Security Administration under Section 1611 (e)(1)(I) of the Social Security Act, which provides payment for information regarding incarcerated Social Security Insurance recipients, shall be retained by the S.C. Department of Corrections and credited to a fund entitled "Special Social Security" for the care and custody of inmates housed in the state correctional facilities.
     37.14.      (CORR: Reward for Information)  Notwithstanding any other provision of law, the Director of the Department of Corrections may award up to five hundred two thousand dollars ($500 $2,000) for information leading to the capture of each escaped convict.  Funds to support such awards shall be generated from monies or things of value used as money found in the unlawful possession of a prisoner and confiscated as contraband by the Department of Corrections.
     37.15.      (CORR: Sale of Timber)  Notwithstanding any other provision of law the Department of Corrections is hereby authorized to sell mature trees and other timber suitable for commercial purposes from lands owned by the Department of Corrections.  Prior to such sales, the director shall consult with the State Forester to determine the economic and environmental feasibility of and obtain approval for such sales.  Funds derived from timber sales shall be utilized by the Department of Corrections to maintain and expand the agricultural program, subject to the approval of the Budget and Control Board or at the discretion of the director, for projects or services benefiting the general welfare of the inmate population.
     37.16.      (CORR: Medical Expenses)  The Department of Corrections shall be authorized to charge inmates a nominal fee for any medical treatment or consultation provided at the request of or initiated by the inmate.  A nominal co-pay shall be charged for prescribed medications.  Inmates shall not be charged for psychological or mental health visits.
     37.17.      (CORR: Prison Industry Funds)  The Director of the Department of Corrections, at his discretion, is hereby authorized to utilize prison industry funds for projects or services benefiting the general welfare of the inmate population.
     37.18.      (CORR: Sale of Horticultural Products)  Notwithstanding any other provisions of law, the proceeds from the sale of horticultural products by the Department of Corrections shall be retained by the agency to fund services benefiting the general welfare of all inmates.
     37.19.      (CORR: Victim Assistance Wage Deductions)  Notwithstanding any other provisions of law, of monies generated by inmates engaged in work at paid employment in the community, the Director of the Department of Corrections shall deduct the following from the gross wages of the prisoner:
           a)      ten percent must be placed on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the "Victims of Crime Act of 1984," Public Law 98-473, Title II, Chapter XIV, Section 1404; and
           b)      ten percent must be retained by the department to support services provided by the department to victims of the incarcerated population.  Excess funds may be utilized for additional addictions treatment programs.
     Such deductions shall apply only if restitution to a particular victim or victims has not been ordered by the court or if court-ordered restitution to a particular victim or victims has been satisfied.  Otherwise restitution must be satisfied before any deductions for victim assistance programs are incurred.
     37.20.      (CORR: Reimbursement for Expenditures)  The Department of Corrections may retain for general operating purposes any reimbursement of funds for expenses incurred in a prior fiscal year.
     37.21.      (CORR: Sale of Real Property)  Funds generated from the sale of real property owned by the Department of Corrections shall be retained by the department to offset renovation and maintenance capital expenditures.
     37.22.      (CORR: Prison Industry Service Contracts)  The Director of the Department of Corrections may enter into contracts with private sector entities that would allow for inmate labor to be provided for prison industry service work and work that involves exportation of products.  The use of such inmate labor may not result in the displacement of employed workers within the local region in which work is being performed.  Service work is defined as any work such as repair, replacement of original manufactured items, packaging, sorting, recycling, labeling, or similar work that is not original equipment manufacturing.  Export work is defined as any work that results in a product that is exported for sale outside the United States that is not involved in interstate commerce.  The department may negotiate the wage to be paid for inmate labor provided under prison industry service work contracts, and such wages may be less than the prevailing wage for work of a similar nature in the private sector.  Provided, however, that the Director of the Department of Corrections shall deduct the following from the gross earnings of the inmates engaged in Prison Industry service work.  (1)  If restitution to a particular victim or victims has been court ordered by the court, then twenty percent (20%) must be used to fulfill the restitution obligation.  If restitution to a particular victim or victims has not been ordered by the court, or if court-ordered restitution to a particular victim or victims has been satisfied, then the ten percent (10%) must be applied to the South Carolina Victims' Compensation Fund.  (2)  Ten percent (10%) must be retained by the Department of Corrections to defray the cost of the inmate's room and board.
     The Department of Corrections, in conjunction with the Department of Commerce, shall develop and maintain a marketing plan to attract private sector businesses for the employment of inmates through the prison industries program.  The marketing plan must include, but not be limited to, provisions of public advertising to establish a prison based industry and a certification by the Department of Commerce that each new contract does not create an unfair competitive wage disadvantage to the local economy.  The negotiation of new contracts and the renewal of existing contracts with private sector entities must be consummated in accordance with procedures established jointly by the Department of Commerce and the Department of Corrections.  The procedures shall be drafted to ensure fairness and consistency in establishing contracts with private sector entities seeking to establish or continue prison based operations whenever the wage to be paid is less than the Federally established minimum wage.  The marketing plan and the procedures for negotiating new contracts and contract renewals must be submitted to and approved by the Budget and Control Board prior to implementation.  The Department of Corrections shall annually submit an audit report of the program to the Senate Corrections and Penology Committee and the House Medical, Military, Public and Municipal Affairs Committee.  The provisions of the section shall not be construed to apply to traditional prison industries as authorized in Section 24-3-320 of the 1976 Code.
     37.23.      (CORR: Correctional Officer Retention Incentives)  In order to positively impact the retention of qualified correctional officers, and notwithstanding any provision of law to the contrary, the Director of the Department of Corrections is authorized to expend nonappropriated funds for the purpose of providing certain services to correctional officers at no cost or at a reduced cost.  These services may include, but are not limited to, the provision of haircuts, the cleaning of agency uniforms, and other matters that relate directly to job requirements for correctional officers.  These services may be provided by inmates incarcerated within the Department of Corrections.  The price for such services, if any, shall be determined by the Director of the Department of Corrections.  Any funds generated by such activities may be retained by the Department of Corrections and applied to costs associated with the operation of correctional officer retention incentives.
     37.24.      (CORR: Major Renovations and Repairs)  The Department of Corrections may utilize any existing bond funds approved by the 1997 Bond Act for the construction of new beds and particularly those currently designated for construction of beds at MacDougall Correctional Institution and maximum security beds at Kirkland Correctional Institution, for major renovations and repairs and/or the construction of new beds as the budget and inmate population dictate.
     37.25.      (CORR: Funds from Vehicle Cleaning Developmentally Disabled Inmates Services)  Monies generated by inmates engaged in the cleaning and waxing of private vehicles, or any other adult work activity center, shall be placed in a special account and utilized for services for developmentally disabled inmates.
     37.26.      (CORR: Release of Inmates)  The Director of the Department of Corrections and other persons having charge of prisoners who are required to serve a period of six months or more, shall release such prisoners on the first day of the month in which their sentences expire, and if the first day of the month falls on a Saturday, Sunday, or a legal holiday, such prisoners may be released on the last weekday prior to the first of the month which is not a holiday, Saturday or Sunday.
     37.27.      (CORR: Western Union Funding)  All funds received by the S.C. Department of Corrections from the Western Union Quick Collect Revenue Sharing Program or similar private sector entities, which provides payment for processing electronic transfers into the E. H. Cooper Trust Fund, shall be retained by the S.C. Department of Corrections and credited to a fund entitled "Inmate Welfare Fund" to be expended for the benefit of the inmate population.
     37.28.      (CORR: Alternative Punishment)  In an effort to reduce the caseload and expenses related to Al-Shabazz hearings performed by the Administrative Law Judge Division, the Department of Corrections is directed to review its internal policies and implement alternative punishments for violations currently punishable by loss of good time credits.
     37.29.      (CORR: Monitoring Fees)  The Department of Corrections is authorized to charge an inmate who participates in community programs a reasonable fee for the cost of supplying electronic and telephonic monitoring.  The fees charged may not exceed the actual cost of the monitoring.
     37.30.      (CORR: Inmate Education Program)  The Department of Corrections is authorized to establish criteria to qualify inmates for the high school education or equivalency program.  The department may use up to $2,500,000 in appropriated and/or authorized funds for this program.  The department is authorized to make participation mandatory for qualified inmates and may revoke the privileges of those who refuse to participate in the program.
     37.31.      (CORR: Dairy Processing Operation Expansion)  Subject to the review of the Joint Bond Review Committee and approval of the Budget and Control Board, the Department of Corrections is authorized to borrow an amount not to exceed $6,000,000 for the purpose of constructing and equipping a new Dairy Processing Operation to be located at its Wateree River Farm facility.  The State Treasurer is authorized to negotiate the terms and conditions of a loan, revenue bond, or other financing arrangement, the indebtedness for which must be repaid exclusively from either net revenues derived from operations of the new Dairy Processing Operation or other Department of Corrections funds.
     37.32.      (CORR: Inmate Insurance Policies)  The Department of Corrections may collect and record private health insurance information from incarcerated individuals.  The department may file against any private insurance policy covering an inmate to recoup any health care expenditures covered by the policy.  Health care will be provided in accordance with law and standards regardless of whether or not an inmate is covered by insurance.
     37.33.      (CORR: Work Release Transportation Fee)  The South Carolina Department of Corrections is authorized to charge a $1.00 per-day nominal transportation fee to participants in the work release program.  Monies collected shall be credited to the South Carolina Department of Corrections, and utilized to fund transportation of work release participants and vehicle replacement for the work release program.
     37.34.      (CORR: Stevenson Correctional Institution)  The Department of Corrections may utilize inmate labor to perform any portion of the construction/renovation of a food service facility at the Stevenson Correctional Institution and the relocation of a 96-bed housing unit from the former Greenwood work release facility to the Stevenson Correctional Institution.

SECTION 38 - N08 - DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES

     38.1.      (DPPP: Offender-Related Record Information)  The department is authorized to collect a fee for providing offender-related record information and for providing responses to freedom of information requests.  The fee will be based on the staff time required to compile the information and the costs of supplies, photocopying and postage.  The department must continue to remit fee proceeds to the general fund.  Fee proceeds in excess of $6,000 may be retained by the department to offset associated costs and be carried forward from one fiscal year to another.  Further, the department may accept unconditional gifts of money or personal property.
     38.2.      (DPPP: Sale of Equipment)  Notwithstanding any other provision of law, all revenue generated by the Department of Probation, Parole and Pardon Services from the sale of various equipment in excess of $575, less the cost of disposition incurred by the B&C Board, Division of Operations, may be retained and carried forward into the current fiscal year and expended for the purpose of purchasing like items.
     38.3.      (DPPP: Restitution Center Housing and Food)  The department may set, with the approval of the Budget and Control Board, the per day charge for housing and food based on the offender's ability to pay so long as the per day charge does not exceed the actual costs of those services.  This fee is in addition to any supervision fees
that may be imposed by the department.  The revenues generated by this per day charge must be used to offset the cost of operating the restitution centers.
     38.4.      (DPPP: Interstate Compact Application Fee)  The department may charge offenders an application fee set by the department, not to exceed $100, to offenders applying for transfers out of state under the Interstate Compact Act.  The application fee shall be retained by the department to offset the cost of the Interstate Compact Act.  All unexpended funds at year-end may be retained and carried forward by the department to be expended for the same purpose.
     38.5.      (DPPP: Cost of Extradition)  The department may charge offenders a fee based on the number of miles and length of time required to perform an extradition.  The fee is to be used to offset the cost of extradition.  All unexpended funds at year-end may be retained and carried forward by the department to be expended for the same purpose.
     38.6.      (DPPP: Victim Notification Processing Fee)  In addition to any other fee, the department must charge each person applying for a pardon a fifty dollar victim notification processing fee.  The fee must be retained by the department and applied to the department's pardon process.
     38.7.      (DPPP: GED Learn and Earn Program)  From the funds appropriated in Part IA, the department may enter into agreements with statewide colleges, technical colleges, and school districts for the purpose of providing GED and GED Prep education to offenders.  Offenders of the department enrolled in the program must repay the department the cost of the course and materials within six months of obtaining their GED.
     38.8.      (DPPP: Restitution Center Placement Extension)  From the funds appropriated to the department in Part IA, the Director of the Department of Probation, Parole and Pardon Services, or his designee, may extend the placement of an offender in a department administered restitution center for a period not to exceed six months for the purpose of collecting victim restitution.  Only those offenders whose victim restitution balance can reasonably be collected during the extended six month period may be considered for this extension.
     38.9.      (DPPP: Offender Polygraph)  The department may charge a fee to offenders required to have maintenance polygraphs.  This fee may not exceed the actual cost of the maintenance polygraph.  All unexpended funds at year-end may be retained and carried forward by the department to be expended for the same purpose.

SECTION 39 - N12 - DEPARTMENT OF JUVENILE JUSTICE

     39.1.      (DJJ: Meal Ticket Revenue)  The revenue generated from sale of meal tickets by the Department of Juvenile Justice shall be retained and carried forward into the current fiscal year by the agency and expended for the operation of the agency's cafeterias and food service programs.
     39.2.      (DJJ: Interstate Compact Revenue)  The revenue returned to the Interstate Compact Program shall be retained and carried forward into the current fiscal year by the agency and expended for the operation of the program.
     39.3.      (DJJ: Educational Funds Audit)  Notwithstanding the provisions of the Education Finance Act, the South Carolina Department of Juvenile Justice shall have its educational funds audited by the Office of the State Auditor pursuant to a schedule established by the State Auditor, and said audit shall be sufficient to satisfy the timetable for audits required in Regulation 43175.
     39.4.      (DJJ: Children's Projects Revenue)  Funds generated from the projects undertaken by children under the supervision of the Department of Juvenile Justice may be retained by the department and utilized for the benefit of those children.  Such funds may be carried forward into the following fiscal year.
     39.5.      (DJJ: Revenues Generated)  All revenues generated from USDA federal grants, the Education Finance Act (EFA), the Detention Center, and Medicaid federal funding may be retained, carried forward into current fiscal year, and expended by the Department of Juvenile Justice, in accordance with applicable regulations, for the costs associated with these programs.
     39.6.      (DJJ: Instructional Salaries)  The certified instructional personnel of the Department of Juvenile Justice shall receive a percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the instructional personnel throughout the State.
     39.7.      (DJJ: Juvenile Justice Parole Board Compensation)  The department is authorized to pay the Juvenile Justice Parole Board member up to $200 per day for services rendered to the agency in the performance of their official duties.  The total amount of agency funds which can be utilized in this manner cannot exceed $48,000 per year and is subject to base budget reductions.
     39.8.      (DJJ: Reimbursements for Expenditures)  Notwithstanding any other provision of law, the Department of Juvenile Justice may retain for general operating purposes any reimbursement of funds for expenses incurred in a prior fiscal year.
     39.9.      (DJJ: Juvenile Arbitration/Community Advocacy Program)  The amount appropriated and authorized in this section for the Juvenile Arbitration Program shall be retained and expended by the Department of Juvenile Justice for the purpose of providing juvenile arbitration services through the sixteen (16) Judicial Circuit Solicitors' offices in the state and used to fund necessary administrative and personnel costs for the programs.
     The Department of Juvenile Justice shall contract with Solicitors to administer the Juvenile Arbitration Program and disburse up to $45,000 per Judicial Circuit based on services rendered.  The amount payable to Solicitors may vary based on consistent adherence to established statewide program guidelines to assess program performance.
     The $175,000 $225,000 appropriated for the Community Advocacy Program in the first Judicial Circuit, will be used to fund necessary administrative and personnel costs for this status offender diversion program.  The Department of Juvenile Justice shall monitor and provide support to this program.
     All unexpended funds may be retained and carried forward from the prior fiscal year to be used for the same purposes.
     39.10.      (DJJ: Sale of Real Property)  After receiving approval from the Budget and Control Board for the sale of property, the department is authorized to retain revenues associated with the sale of department-owned real property and may expend these funds on capital improvements reviewed by the Joint Bond Review Committee and approved by the Budget and Control Board.
     39.11.      (DJJ: Sale of Timber)  The Department of Juvenile Justice is hereby authorized to sell mature trees and other timber suitable for commercial purposes from lands owned by the department.  Prior to such sales, the director shall consult with the State Forester to determine economic and environmental feasibility and to obtain approval for such sales.  Funds derived from timber sales shall be retained and utilized for family support services after setting aside a reasonable amount, as determined by the State Forester, for reforestation of the lands from which the trees and timber are sold.
     39.12.      (DJJ: Good Behavior Incentive)  A child committed to the Department of Juvenile Justice for a determinate period pursuant to Section 20-7-7810 may be released by the department prior to the expiration of the determinate period for "good behavior" as determined by the department, after having served at least two-thirds of the time ordered by the court.  The court, in its discretion, may include language in the order indicating that the child is not to be released prior to the expiration of the determinate period ordered by the court.
     39.13.      (DJJ: Drug Free Workplace)  The critical mission of the Department of Juvenile Justice requires a safe and drug free work environment.  In order to accomplish this, the department may conduct and pay for the cost of pre-employment drug testing and random employee drug testing.  The department is authorized to expend funds in order to provide or procure these services.
     39.14.      (DJJ: Definition of Juveniles)  The Department of Juvenile Justice is authorized to place juveniles in marine and wilderness programs or other community residence programs operated by non-governmental entities.  Juveniles receiving services in these community residence programs must either be referred to such a program by the Family Court as a condition of probation, released to such a program by the Board of Juvenile Parole, or voluntarily agree to be assigned and released to such a program by the Department of Juvenile Justice.
     39.15.      (DJJ: Adult Education - GED)  Juveniles committed to the Department of Juvenile Justice who have been enrolled in, but not yet completed, a GED educational program while at the department, at the discretion of the local school district, upon release from the department shall be allowed to enroll in either the juvenile's local school district's regular education program, in their appropriate grade placement, or allowed to enroll in that district's or county's adult education program.  If enrolled in an adult education program, the juvenile's eligibility for taking the GED shall be based upon the regulations promulgated by the Department of Education for youth who are confined in, or under the custody of, the Department of Juvenile Justice.
     39.16.      (DJJ: Credit for Pre-Dispositional Secure Confinement)  Juveniles detained in any temporary holding facility or juvenile detention center or who are temporarily committed for evaluation to a Department of Juvenile Justice evaluation center, for the offense for which they are subsequently committed by the Family Court to the custody of the Department of Juvenile Justice, shall receive credit toward their parole guidelines, if indeterminately sentenced, and credit toward their date of release, if determinately sentenced, for each day they are detained in or temporarily committed to any secure pre-dispositional facility, center, or program.
     39.17.      (DJJ: Vending Machines)  All proceeds generated from the operation of vending machines located on Department of Juvenile Justice properties and the sale of items contained therein, to department staff or visitors to the Department of Juvenile Justice, shall be retained by the department to help offset the cost to the department of employee and volunteer recognition awards and programs.
     39.18.      (DJJ: Twelve-Month Funding)  Notwithstanding any other provision of law, all funds disbursed to the Department of Juvenile Justice school district by the Department of Education shall be calculated using a base of 235 instructional days rather than a base of 190 instructional days.  This includes, but is not limited to, all funding for teacher salary supplements, for instructional purposes or any other funds disbursed to the Department of Juvenile Justice school district's twelve-month continuous progress education program.
     39.19.      (DJJ: Local District Effort)  Upon commitment or confinement to a Department of Juvenile Justice facility, the school district in which that child resides shall transfer a pro rata share of the district's local portion pay an amount equivalent to the statewide average of the local base student cost (30%), per school day for that student multiplied by the appropriate pupil weighting set forth in Section 59-20-40, for instructional services provided to out-of-district students to the Department of Juvenile Justice for the time period in which the child is committed or confined to a department facility.  EFA funding for school districts is provided for a 180 day school year.  The billing provided by the department shall be calculated by dividing the local base student cost by 225 days to determine the daily rate.  The department shall notify the school district in writing within 45 calendar days that a student from the nonresident district is receiving education services pursuant to this provision.  The notice shall also contain the student's name, date of birth, disabling condition if available, and dates of service.
     The invoice shall be paid within 60 days of billing, provided the department has provided a copy of the invoice to both the superintendent and the finance office of the school district being invoiced.  Should the school district fail to pay the invoice within 60 days, the department can seek relief from the Department of Education.  The Department of Education shall withhold EFA funding equal to the billing from the district refusing to pay and submit the funding (equal to the invoice) to the department.  If adequate funding is not received, the department shall have the flexibility to use funds from other programmatic areas to maintain an appropriate level of service.
     39.20.      (DJJ: Detention Per Diem Costs)  Notwithstanding any other provision of law, local governments utilizing the juvenile detention services provided by the Department of Juvenile Justice must pay the department a per diem of fifty dollars a day per child.  The department may apply the remainder of the funds generated by this item, if any, to operational or capital expenses associated with juvenile services provided by the department.  If adequate funding is not received, the department shall have flexibility to use funds from other programmatic areas to maintain an appropriate level of service.
SECTION 40 - L36 - HUMAN AFFAIRS COMMISSION

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

SECTION 41 - L46 - COMMISSION ON MINORITY AFFAIRS

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

SECTION 42 - R04 - PUBLIC SERVICE COMMISSION

     42.1.      (PSC: Assessment Certification)  The Public Service Commission shall certify to the Department of Revenue the amounts to be assessed to cover appropriations in this section as follows: (1) the amount applicable to the assessment on public utility, telephone utility, radio common carrier and electric utility companies as provided for by Section 58-3-100, Code of Laws of 1976, (2) the amount to be assessed against gas utility companies as provided for in Section 58-5-940, Code of Laws of 1976, and (3) the amount to be assessed against electric light and power companies as provided for in Sections 58-3-100 and 58-27-50, Code of Laws of 1976.
     42.2.      (PSC: Attorneys Appointment)  The attorneys provided for in this section under Program I "Administration" shall be appointed by the commission with the approval of the Attorney General and be assigned to the commission.
     42.3.      (PSC: Maximum Salary Limit)  The salaries of the chairman and the commissioners as provided in this section shall not be construed as limiting the maximum salary which may be paid to other employees of the Public Service Commission.

SECTION 42A - R06 - OFFICE OF REGULATORY STAFF

     42A.1.      (ORS: Transportation Fee Refund)  The Transportation Department of the Office of Regulatory Staff is hereby authorized to make refunds of fees which were erroneously collected.
     42A.2.      (ORS: Assessment Certification)  Office of Regulatory Staff shall certify to the Department of Revenue the amounts to be assessed to cover appropriations in this section as follows:  (1) the amount applicable to the assessment on public utility, telephone utility, radio common carrier and electric utility companies as provided for by Section 58-3-100 58-4-60, Code of Laws of 1976, (2) the amount to be assessed against gas utility companies as provided for in Section 58-5-940, Code of Laws of 1976, (3) the amount to be assessed against electric light and power companies as provided for in Sections 58-3-100 58-4-60 and 58-27-50, Code of Laws of 1976, and (4) the amount to be covered by revenue from motor transport fees as provided for by Section 58-23-630, and other fees as set forth in Section 58-3-100 58-4-60, Code of Laws of 1976.  The amount to be assessed against railroad companies shall consist of all expenses related to the operations of the Railway subprogram of the Agency's Transportation Division, to include the related distribution of salary increments and employer contributions not reflected in the related subprogram of this act as set forth in Section 58-3-100 58-4-60, Code of Laws of 1976.
     42A.3.      (ORS: Assessment Adjustments)  If the Office of Regulatory Staff determines that a person or entity subject to Title 58 of the 1976 Code has been assessed an amount greater than that authorized by Sections 58-4-60, 58-3-100 and 58-3-540, the Office of Regulatory Staff shall, at its discretion:
           a)      refund the person or entity the amount of over collection using funds from the current fiscal year;
           b)      refund the person or entity the amount of over collection using any unexpended funds from the prior fiscal year;
           c)      credit the amount the person or entity will be assessed in the next fiscal year for the amount of over collection; or
           d)      any combination of these.
     The Office of Regulatory Staff, when determining the amount to be assessed in the next fiscal year, may take into consideration any underpayment or overpayment by a person or entity during a given year.
     Notwithstanding any other provision of law, any unexpended funds from revenue generated pursuant to this section may be retained and carried forward and expended for the same purposes.

SECTION 43 - R08 - WORKERS' COMPENSATION COMMISSION

     43.1.      (WCC: Medical Services Provider Manual Revenue)  All revenue earned from the sale of the commission's publication Medical Services Provider Manual shall be retained by the agency to be used for the printing and distribution of subsequent revised editions of the schedule.
     43.2.      (WCC: Educational Seminar Revenue)  All revenue earned from educational seminars shall be retained by the agency to be used for the printing of educational materials and other expenses related to conducting the seminar.
     43.3.      (WCC: In-House Mailbox Rental Fees)  The Workers' Compensation Commission is authorized to charge $300 per year for the rental of an in-house mailbox and to retain and expend all revenues received from the rental charges to offset mailing costs.
     43.4.      (WCC: Retention of Filing Fees)  The Workers' Compensation Commission is authorized to retain and expend all revenues received as a result of a $25.00 filing fee for each requested hearing, settlement, or motion.  If it is determined that the individual is indigent, this filing fee must be waived.

SECTION 44 - R12 - STATE ACCIDENT FUND

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

SECTION 47 - R20 - DEPARTMENT OF INSURANCE

     47.1.      (INS: Examiners Travel/Subsistence Reimbursement)  Notwithstanding the limitations in this act as to amounts payable or reimbursable for lodging, meals, and travel, the Department of Insurance is authorized to reimburse department examiners in accordance with guidelines established by the National Association of Insurance Commissioners only when the State is reimbursed by an insurance company for the travel and subsistence expenses of Insurance Department examiners pursuant to S. C. Code Section 38-13-10, 1976.
     47.2.      (INS: Reimbursement Carry Forward)  Reimbursements received for Data Processing Services, Revenue, Miscellaneous Revenue and Sale of Listings and Labels shall be retained for use by the department.  These funds may be carried forward in the current fiscal year. The Department of Insurance is authorized to pay the annual dues, not to exceed $10,000 for the South Carolina Senate and the South Carolina House of Representatives for membership in the National Council of Insurance Legislators from funds collected under this proviso.
     47.3.      (INS: SAF Educational Seminar Revenue)  The State Accident Fund is authorized to set and collect fees for educational seminars.  All revenue earned from educational seminars shall be retained by the agency and used for supplies, materials, and other expenses relating to the seminars.
     47.4.      (INS: Workers' Compensation Advisory Board)  The Department of Insurance, from funds appropriated, will create a Workers' Compensation Advisory Board that will provide oversight of the assigned risk plan administrator and the workers' compensation rating organization.  The members of the Advisory Board will include a representative from the Department of Insurance, a representative from the Department of Consumer Affairs, a representative from the Workers' Compensation Commission, three representatives from insurers writing workers' compensation in South Carolina, two producer representatives and three consumer representatives.  Excluding the representatives from the Department of Consumer Affairs and the Workers' Compensation Commission, members shall be chosen by the director or his designee after requesting nominations from the insurance trade organizations and other trade organizations including the Heating and Air Association, the Homebuilders Association and the Mechanical Contractors Association.  The representative of the department shall chair the meetings.  The first meeting of the Advisory Board shall meet within 90 days of being appointed and thereafter shall meet as requested by the Director.
     The board oversight shall consist of hearing appeals, monitoring the integrity of data used in rate making and experience rating, monitoring the ability of the rating organization and the assigned risk plan administrator, monitoring staffing levels of the rating organization and the assigned risk plan administrator and providing recommendations to the department regarding the delivery system for workers' compensation insurance and proposed improvements.
     The board shall review the separate rating organization tasks now performed in South Carolina for workers' compensation.  The tasks to be reviewed include data collection, data accuracy, enforcement of classification plans, rate filings, assigned risk plan management, customer service to the citizens of South Carolina, and customer service to the Department of Insurance.  The Advisory Board must provide a report and its recommendations on how these tasks have been performed and if a new rating organization should be created to perform all or some of the above tasks as well as other tasks that may be appropriate.  The report shall be completed by December 10, 2005, and copies will be provided to the Department of Insurance, the Workers' Compensation Commission, the Speaker of the House of Representatives and the President Pro Tempore of the Senate.
     47.5.      (INS: Flexibility)  In order to provide maximum flexibility, the Department of Insurance is authorized to spend agency earmarked and restricted accounts designated as "special revenue funds" as defined in the Comptroller General's records, to maintain critical programs previously funded with general fund appropriations.  Any increase in spending authorization for this purpose must receive the prior approval of the Office of State Budget and must be reported to the Governor, Senate Finance Committee, and the House Ways and Means Committee.

SECTION 48 - R23 - BOARD OF FINANCIAL INSTITUTIONS

     48.1.      (FI: Supervisory Fees)  The Board of Financial Institutions shall fix supervisory fees of banks, savings and loan associations and credit unions on a scale which, together with fees collected by the Consumer Finance Division will fully cover the total funds expended under this section.

SECTION 49 - R28 - DEPARTMENT OF CONSUMER AFFAIRS

     49.1.      (CA: Consumer Protection Code Violations Revenue)  Funds, paid to the department in settlement of cases involving violations of the South Carolina Consumer Protection Code and other statutes enforced by the department be retained and expended within the agency's budget to help offset the costs of investigating, prosecuting, and the administrative costs associated with these violations, may be carried forward and expended for the same purposes in the current fiscal year.
     49.2.      (CA: Student Athlete/Agents Registration)  Funds received by the department of Consumer Affairs pursuant to registrations under Chapter 102 of Title 59 of the 1976 Code may be retained by the department for its enforcement duties relating to athlete agents and student athletes under that chapter.
     49.3.      (CA: Expert Witness/Assistance Carry Forward)  Unexpended encumbered appropriated funds for the Consumer Advocacy expert witness/assistance program (under Section 37-6-603) may be carried forward into the next fiscal year to meet contractual obligations existing at June 30 and not paid by July 31.
     49.4.      (CA: Prepaid Legal Services Fee)  The Department of Consumer Affairs may collect a fee of forty dollars with each initial or renewal filing for an individual seeking to be appointed as a representative of a prepaid legal services company and may use the proceeds to offset the costs of administering and enforcing Chapter 16 of Title 37 of the S. C. Code of Laws.
     49.5.      (CA: Registered Credit Grantor Notification and Maximum Rate filing fees)  The Department of Consumer Affairs may collect a fee of $120 for persons required to file Consumer Credit Grantor Notification under Section 37-6-203.  The department may retain $30 of the fee to offset the cost of administering and enforcing Chapter 6 of Title 37 of the S.C. Code of Laws.  The department may collect a fee of $40 per location for persons required to file maximum rate schedules under Section 37-2-305 and Section 37-3-305.  The department may retain $30 of the maximum rate schedule filing fee to offset the cost of administering and enforcing chapters 2 and 3 of title 37 of the S.C. code of laws.  The revenue generated and retained for the department may be applied to the cost of operations, and any unexpended balances may be carried forward to the current fiscal year and utilized for the same purposes.

SECTION 50 - R36 - DEPARTMENT OF LABOR, LICENSING AND REGULATIONS

     50.1.      (LLR: Fire Marshal - Authorization to Charge Fees for Training)  The Fire Academy may charge participants a fee to cover the cost of education, training programs, and operations.  The revenue generated may be applied to the cost of operations, and any unexpended balance may be carried forward to the current fiscal year and utilized for the same purposes.
     50.2.      (LLR: Real Estate - Special Account)  Revenue in the Real Estate Appraisal Registry account shall not be subject to fiscal year limitations and shall carry forward each fiscal year for the designated purpose.
     50.3.      (LLR: POLA - 110%, Other Funds)  The Professional and Occupational Offices in Program II.F. Professional and Occupational Licensing must remit annually an amount equal to 10% of the expenditures to the general fund.  The Contractor's Licensing Board must remit all revenues above their expenditures to the general fund.  The revenue remitted by the Contractor's Licensing Board to the general fund includes the 10%.
     50.4.      (LLR: Fire Marshal Fallen Firefighters Memorial)  The Department of Labor, Licensing and Regulations - Division of the State Fire Marshal is authorized to accept gifts or grants of services, properties, or monies from individuals or public and private organizations to honor South Carolina firefighters who have died in the line of duty.  All excess monies collected to erect a memorial are to be placed in a fund for upkeep and maintenance.  Any later contributions are to be used for upkeep and maintenance.
     50.5.      (LLR: Firefighter Mobilization Project)  The Department is directed to utilize $165,000 of the funds derived under Section 2 of Act 1377 of 1968, as amended by Act 60 of 2001 from the tax of thirty-five one-hundredths percent imposed annually on the gross premium receipts less premiums returned on canceled policy contracts and less dividends and returns of unabsorbed premium deposits of all fire insurance companies doing business in the State to fund the Firefighter Mobilization Project.
     50.6.      (LLR: Cosmetologist, Esthetician, Manicurists License)  Notwithstanding the provisions of Section 40-7-280 or any other provision of law, a person licensed as a cosmetologist, esthetician, or manicurist pursuant to Chapter 13 may practice, within the scope of practice authorized by the person's license, in a barbershop registered in accordance with this chapter.
     50.7.      (LLR: Match for Federal Funds)  State appropriations to the Department of Labor, Licensing, and Regulation that are required to provide match for federal grant programs in the prior fiscal year may be carried forward into the current fiscal year and expended for the same purpose as originally appropriated.
     50.8.      (LLR: FLS - Instructor Clothing)  The Department of Labor, Licensing and Regulation is authorized to purchase and issue clothing to the staff of the State Fire Academy.

SECTION 51 - R60 - EMPLOYMENT SECURITY COMMISSION

     51.1.      (ESC: Salary Level)  The salaries of the Chairman, the Commissioners, and the Agency Director of the Employment Security Commission shall be no less than that agreed to by the United States Department of Labor.
     51.2.      (ESC: SCOICC User Fee Carry Forward)  All user fees collected by the S.C. Occupational Information Coordinating Committee through the Employment Security Commission may be retained by the SCOICC to be used for the exclusive purpose of operating the S.C. Occupational Information System.  All user fees not expended in the prior fiscal year may be carried forward for use in the current fiscal year.
     51.3.      (ESC: WIA Prior Year Payments)  The Employment Security Commission shall be allowed to pay Workforce Investment Act prior-year obligations with current year funds.
     51.4.      (ESC: Consortium Contracts: Training-Development Sessions and Media Services)  All earmarked funds collected for the LMI - Training-Development Sessions; the ALMIS LMI Training Institute; Media Services and Program Contracts through the South Carolina Employment Security Commission may be retained by the agency to be used for the exclusive purpose of operating these programs.  All funds not expended in the prior fiscal year may be carried forward for use in the current fiscal year.
     51.5.      (ESC: Spartanburg County Land Acquisition)  The Employment Security Commission is authorized to expend up to $500,000 of funds made available to the State under Section 903 of the United States Social Security Act, as amended.  The funds must be used under the direction of the Employment Security Commission, for the purpose of acquiring land in Spartanburg County on which to erect a building for the use of the Employment Security Commission.  Approval of the site must be obtained from the Spartanburg delegation with a three-fourth vote based on weighted population.  No part of the money herein appropriated may be obligated after a two-year period beginning on July 1, 2005.  The amount obligated pursuant to this proviso shall not at any time exceed the amount by which (a) the aggregate of amounts transferred to the accounts of the State pursuant to Section 903 of the Social Security Act exceeds (b) the aggregate of the amounts obligated for administration and paid out for administration and paid out for benefits and required by law to be charged against the amounts transferred to the account of this State.
     51.6.      (ESC: SCOIS Federal Funds)  Should the commission receive funds from the federal government for the South Carolina Occupational Information System (SCOIS) program, the commission shall return an equivalent amount of general funds, up to $306,833, to the General Fund of the State.  The commission shall notify the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee of such action.
SECTION 53 - U12 - DEPARTMENT OF TRANSPORTATION

     53.1.      (DOT: Expenditure Authority Limitation)  The Department of Transportation is hereby authorized to expend all cash balances brought forward from the previous year and all income including all federal funds, unexpended general funds and proceeds from bond sales accruing to the Department of Transportation, but in no case shall the expenditures of the Department of Transportation exceed the amount of cash balances brought forward from the preceding year plus the amount of all income including federal funds, general funds and proceeds from bond sales.
     53.2.      (DOT: Special Fund Authorization)  The Department of Transportation with the approval of the State Treasurer, is hereby authorized to set up with the State Treasurer such special funds out of the Department of Transportation funds as may be deemed advisable for proper accounting purposes.
     53.3.      (DOT: Secure Bonds & Insurance)  The Department of Transportation is hereby authorized to secure bonds and insurance covering such activities of the department as may be deemed proper and advisable, due consideration being given to the security offered and the service of claims.
     53.4.      (DOT: Statewide Cost Allocation Plan)  The Department of Transportation shall pay into the General Fund of the State the sum of $4,939,965 as its proportionate share of the cost of administration of central service agencies as follows:
     Statewide Cost Allocation Plan:
     Collection of Highway Revenue                                    $3,067,429
     Central Service Agency Recoveries                               1,872,536
           Total Remittance                                                                  $4,939,965.
     53.5.      (DOT: Benefits)  Employees of the Department of Transportation shall receive equal compensation increases, health insurance benefits and employee bonuses provided in this act for employees of the State generally.  The amount will be funded from Department of Transportation funding sources.
     53.6.      (DOT: Document Fees)  The Department of Transportation is hereby authorized to establish an appropriate schedule of fees to be charged for copies of records, lists, bidder's proposals, plans, maps, etc. based upon approximate actual costs and handling costs of producing such copies, lists, bidder's proposals, plans, maps, etc.
     53.7.      (DOT: Commissions Per Diem, Subsistence, Mileage)  Members of the Department of Transportation Commission shall receive such per diem, subsistence and mileage for each official meeting as is provided by law for members of boards, commissions, and committees.
     53.8.      (DOT: Contract Mass Transit System)  Notwithstanding any other provision of law, the Department of Transportation is hereby authorized to directly contract mass transit funds with any private operator of a mass transit system to provide service to the general public; provided, that a plan of service has been established and approved by the local general purpose government which has jurisdiction for the area to be served, and approved by the department, the Transportation Commission and the federal government.
     53.9.      (DOT: Relax Design/Construction Standards Authority)  In recognition of budgetary restraints, the Department of Transportation, its commission, officers and employees, are herewith granted the discretionary authority to relax design and construction standards for the current fiscal year, with respect to highway projects in the secondary state highway system, and the exercise of such discretionary authority to relax design and construction standards shall not give rise to any liability on the part of the department, its commission, officers and employees.
     53.10.      (DOT: Coordinate Transportation Funding and Resources)  The Department of Transportation shall continue to carry out and enhance the coordination planning and demonstration process for public transportation funding and resources established during the prior fiscal year.  A progress report shall be submitted to the General Assembly on or before January 15,  each year.  Notwithstanding any other provision of law, the progress report required by this section may be combined with the Department of Transportation Annual Report required pursuant to Section 57-3-760 and the Mass Transit Division Report required by Section 57-3-40, Code of Laws, 1976, as amended.  The intent of this proviso is to improve access and delivery of transportation services, especially in rural areas.  In planning and developing mechanisms for increasing coordination of funding streams and resources at both the state and local levels, the Department of Transportation shall work with each agency that provides funding for transportation and assure input in the process from major local providers of transportation services to the public, including current providers of coordinated public service.
     Any agency, local government or other entity, including nonprofit organizations, using state funds or state-administered federal funds for the purpose of transporting private citizens on a regular basis, 1) must provide input and information as requested by the Department of Transportation in a timely manner and in a format specified by the Department of Transportation in order to update data on transportation resources for planning purposes and; 2) show evidence of progress toward the development of or participation in a coordination plan.  The Department of Corrections, the Department of Education, school districts and institutions of higher education are exempt from the requirements of this section.  No transportation funds may be provided to any entity not in compliance with the requirements of this section.
     53.11.      (DOT: Payroll Deduction for Uniform Rental)  The Department of Transportation, upon the written request of an employee, shall make deduction from the employee's compensation for payments for work related uniform rental.
     53.12.      (DOT: Financial Status Reports)  The Department of Transportation must provide to each Metropolitan Planning Organization and Regional Council of Government, as appropriate, a quarterly financial status report of approved highway projects to include authorized project financial obligations and to date project expenditures and percent of completion.
     53.13.      (DOT: Meals in Emergency Operations)  The Department of Transportation may provide meals to employees of the department who are not permitted to leave assigned duty stations and are required to work during deployment, emergency simulation exercises, and when the Governor declares a state of emergency.
     53.14.      (DOT: Oversize and Overweight Permits)  Notwithstanding any other provision of law, for the current fiscal year, the Department of Transportation may charge the following rates for Oversize and Overweight permits and licenses:
           Single Trip      $      30.00
           Excessive Width Over 16'      $      35.00
           Excessive Width Over 18'      $      40.00
           Excessive Width Over 20'      $      45.00
           Excessive Width Over 22'      $      50.00
           Multiple Trip (Annual)      $      100.00
           House Moving License (Annual)      $      100.00
           Superload Application (Non-Refundable)      $      100.00
           Superload Engr Analysis Over 130,000 lbs.      $      100.00
           Superload Engr Analysis Over 200,000 lbs.      $      200.00
           Superload Engr Analysis Over 300,000 lbs.      $      350.00
           Superload Impact Fee for Loads Over 130,000 lbs.            $3.00/1,000       lbs.
           Admin. Fee for Prorating Active Annual Permits      $      10.00.
     53.15.      (DOT: Rest Area Water Rates)  For the current fiscal year, rest areas of the Department of Transportation shall be charged in-district water rates by providers of water and sewer services, unless the rate currently charged by the provider is less than in-district rates.
     53.16.      (DOT: Feasibility Study)  The Department of Transportation shall provide the $150,000 necessary to initiate a feasibility study for a State Ports Authority access road and certain interstate construction.

SECTION 53C - Y14 - STATE PORTS AUTHORITY

     53C.1.      (SPA: Charleston Cooper River Bridge Project)  The State Ports Authority shall, from other general fund or operating fund surplus available and any funds appropriated to the authority in prior fiscal years and left unexpended as of July 1, 2005 2006, pay to the State Transportation Infrastructure Bank one million dollars before June 30, 2006 2007, to continue the Charleston Cooper River Bridge Project.

SECTION 54 - A99 - LEGISLATIVE DEPARTMENT

     54.1.      (LEG: Legislative Employee Designations)  The positions included in this section designated (P) shall denote a permanent employee and the salary is an annual rate.  The positions designated (T) shall denote a temporary employee and the salary is for a period of six months to be paid at that rate only while the General Assembly is in session.  The positions designated as (Interim) shall denote a temporary employee and the salary is for a period of six months to be paid at that rate while the General Assembly is not in session.  The positions designated (PTT) shall denote part-time temporary employees on a twelve-months basis.  The positions designated (PPT) shall denote permanent part-time employees retained for full-time work on a six-months basis or the duration of the legislative session.  The House of Representatives shall maintain an internal record denoting permanent, temporary, interim, part-time temporary, and permanent part-time employees.
     54.2.      (LEG: Legislative Employee BPI/Merit)  Notwithstanding any other provision of law, legislative employees designated (P) or (PPT) shall receive base pay and average merit pay in the same manner as such pay is granted to classified state employees, but for purposes of this paragraph, the term "legislative employees" does not include employees of the House of Representatives.  From the funds appropriated for Employee Pay Increases, the Speaker of the House and the President Pro-Tem of the Senate shall determine the amount necessary for compensation of the employees of the House and Senate.
     54.3.      (LEG: Interim Expenses Allowance)  The Chairman of the Standing House and Senate Committees shall each be allowed the sum of six hundred and fifty dollars for expenses during the interim, between sessions of the General Assembly, to be paid from the House or Senate approved accounts, with each body paying the expense allowance of the chairman in its membership.  The Speaker of the House is authorized to approve not more than six hundred and fifty dollars for expenses during the interim for Chairmen of the Standing Committees of the House.
     54.4.      (LEG: Subsistence/Travel Regulations)  Notwithstanding any other provision of law:
           a.      Members of the General Assembly shall receive subsistence expense equal to the maximum allowable by regulation of the Internal Revenue Code, for the Columbia area for each legislative day that the respective body is in session and in any other instance in which a member is allowed subsistence expense.  However, the subsistence expense received by the members of the General Assembly is not to exceed the subsistence expense level established by the IRS as of January 1, 2001.  No member of the General Assembly except those present are eligible for subsistence on that day. Legislative day is defined as those days commencing on the regular annual convening day of the General Assembly and continuing through the day of adjournment sine die, excluding Friday, Saturday, Sunday, and Monday.
           b.      Standing Committees of the Senate and House of Representatives are authorized to continue work during the interim; however, House members must receive advanced approval by the Speaker of the House or Standing Committee Chairman and Senate members must receive advanced approval by the President Pro Tempore of the Senate or Standing Committee Chairman to meet.  If such advanced approval is not received, the members of the General Assembly shall not be paid the per diem authorized in this provision.  When certified by the Speaker of the House, President Pro Tempore of the Senate, or Standing Committee Chairman, the members serving on such committees shall receive a subsistence as provided in item "a." above, mileage at the rate provided for by law, and the regular per diem established in this act for members of boards, commissions, and committees while attending scheduled meetings.  Members may elect to receive actual expenses incurred for lodging and meals in lieu of the allowable subsistence expense.  The funds for allowances specified in this proviso shall be paid to the members of the Senate or House of Representatives from the Approved Accounts of the respective body except as otherwise may be provided.
           c.      Joint Study Committees created pursuant to Acts and Resolutions of the General Assembly are authorized to continue work during the interim to secure such information and complete such investigations as may be assigned to the respective committees; however, House members must receive advanced approval by the Speaker of the House or Standing Committee Chairman and Senate members must receive advanced approval by the President Pro Tempore of the Senate or Standing Committee Chairman to meet.  If such advanced approval is not received, the House and Senate members of the Joint Study Committee shall not be paid the per diem authorized in this provision.  When certified by the Speaker of the House, President Pro Tempore of the Senate, or Standing Committee Chairman, the members appointed to such committees shall receive a subsistence as provided in item "a." above, mileage at the rate provided for by law, and the regular per diem established in this act for members of boards, commissions, and committees while attending scheduled meetings.  Members may elect to receive actual expenses incurred for lodging and meals in lieu of the allowable subsistence expense.  The allowances specified in this proviso shall be paid from funds appropriated to the respective committees for such purposes, or from Approved Accounts of the respective body of the General Assembly if no funds have been appropriated to such a committee for these purposes.
           d.      Members of the Senate and the House of Representatives when traveling on official State business shall be allowed a subsistence as provided in item "a." above, transportation expenses as provided for by law, and the regular per diem established in this act for members of boards, commissions, and committees upon approval of the appropriate chairman.  When traveling on official business of the Senate or the House of Representatives not directly associated with a committee of the General Assembly, members shall be paid the same allowance upon approval of the President Pro Tempore of the Senate or the Speaker of the House of Representatives.  In either instance, the members may elect to receive actual expenses incurred for lodging and meals in lieu of the allowable subsistence expense.  The funds for the allowances specified in this proviso shall be paid from the Approved Accounts of the Senate or the House of Representatives or from the appropriate account of the agency, board, commission, task force or committee upon which the member serves.
           e.      Members of the House of Representatives shall not be reimbursed for per diem or travel in connection with any function held outside of the regular session of the General Assembly unless prior approval has been received from the Speaker of the House.
           f.      Notwithstanding the provisions contained herein and in proviso 72.26 (Travel - Subsistence Expenses & Mileage), mileage Mileage reimbursement and per diem for members of the General Assembly shall not exceed the level authorized by the IRS as of January 1, 2001 be at the rate provided for by law.
     54.5.      (LEG: Senate Voucher Approval)  All payroll vouchers, disbursement vouchers, and interdepartmental transfers of the Senate shall only require the approval of the Clerk of the Senate.
     54.6.      (LEG: Supplies Approval)  Notwithstanding any other provision of law, all supplies for the Senate shall be purchased only upon the authority of the Clerk of the Senate and all supplies for the House of Representatives shall be purchased only upon the authority of the Clerk of the House.
     54.7.      (LEG: House Pages)  Up to one hundred forty-four Pages may be appointed as provided in the House Rules and they shall be available for any necessary service to the House of Representatives.
     54.8.      (LEG: Leg. Council Employment/Salary Adjustments)  Notwithstanding any limitation or other provision of law to the contrary, the Legislative Council may adjust salaries for Legislative Council personnel.  Any adjustments made must be paid from funds appropriated for the council or from the funds appropriated to the council under Section 54C for this purpose, or both.
     54.9.      (LEG: Senate Research Personnel Compensation)  Notwithstanding any other provision of law, Senate Research personnel other than Directors of Research and the committee research staff shall be paid from funds appropriated for Senate Research at the direction of the Clerk of the Senate.
     54.10.      (LEG: Contract for Services)  The Standing Committees of the Senate may, upon approval of the President Pro Tempore, contract with state agencies and other entities for such projects, programs, and services as may be necessary to the work of the respective committees. Any such projects, programs, or services shall be paid from funds appropriated for contractual services.
     54.11.      (LEG: Jt. Leg. Committee Operational Authorization)  Only the Joint Legislative Committees for which funding is provided herein are authorized to continue operating during the current fiscal year under the same laws, resolutions, rules or regulations which provided for their operations during the prior fiscal year.
     54.12.      (LEG: Legislative Carry Forward)  In addition to the funds appropriated in this section, the funds appropriated under Sections 54A, 54B, 54C, 54D, and 54E for the prior fiscal year which are not expended during that fiscal year may be carried forward to be expended for the same purposes in the current fiscal year.
     54.13.      (LEG: Senate Expenditures/O&M Committee)  Notwithstanding any limitation or other provisions of law to the contrary, funds expended by the Senate for salary adjustments, professional fees and dues, and necessary expenses, supplies, and equipment for Senate employees, must be paid from funds appropriated to the Senate Operations and Management Committee and funds available in approved accounts of the Senate, and shall be authorized and allocated in such manner as determined by the Senate Operations and Management Committee.  From the funds annually allocated to each Senator and Representative for postage and telephone, $250 may be used to purchase American and State flags.
     54.14.      (LEG: Dues)  The funds provided herein for the Council of State Governments and the National Conference of State Legislatures are appropriated to be paid as dues to the respective organizations and these funds shall not be transferred to any other program.
     54.15.      (LEG: In-District Compensation)  All members of the General Assembly shall receive an in-district compensation of $1,000 per month effective January 1, 1995.
     54.16.      (LEG: Additional House Support Personnel)  The funds provided for Legislative/Constituent Services are appropriated for the purpose of providing additional support personnel to assist House members who are not already being furnished with direct legislative assistance in the conduct of their legislative responsibilities.  This amount shall be used for staffing requirements where necessary for part time personnel.  The additional personnel may be used only in compliance with 8-13-1346(A) of the South Carolina Code of Laws.  At a member's request, the House Operations and Management Committee may use any unexpended portion of a member's allotment to purchase equipment for a member's office.  The amount herein appropriated for additional support personnel shall be allocated to eligible members as follows:  For fiscal years beginning in even years, an eligible member is allowed an allocation of $500 beginning July 1, as approved by the Speaker of the House.  An additional $1,750 $2,000 allotment, as approved by the Speaker of the House, is allowed when the eligible member's election to the upcoming General Assembly is certified or at the time the member is unopposed for the general election, whichever occurs first.  A member elected to a full term in the House of Representatives, who did not serve in the General Assembly preceding the election, is allowed an allocation of $1,750 $2,000, as approved by the Speaker of the House, from the time the member's election is certified until the end of the then current fiscal year.  For fiscal years beginning in odd years, eligible members are allowed an allocation of $2,250 $2,500, as approved by the Speaker of the House.  Whenever a member is elected to fill an unexpired term, the allotment must be prorated on a monthly basis.  The amounts provided above as allotments for members are provided for an aide's compensation, exclusive of employer contributions.  Each member may choose to expend his allocation for an individual legislative aide or may choose to combine his allocation with allocations of other House members for a legislative aide to assist each of the members contributing to the expense of that aide.
     54.17.      (LEG: House Postage)  The Speaker of the House is authorized to approve no more than $600 per member per fiscal year for postage.
     54.18.      (LEG: Legislative Dual Employment)  Each committee and joint legislative committee provide a list to the members of the General Assembly of all employees who hold dual positions of state employment.
     54.19.      (LEG: Leg. Council Combined Position)  The Director of the Legislative Council, with the approval of the council, is authorized to combine two or more stenographic, clerical, technical assistant, or administrative assistant positions into one with a job description for the combined position to be approved by the council, with a compensation level also approved by the council.  The appropriations or any portion thereof for the positions combined into one may be used to fund the combined position.
     54.20.      (LEG: Joint Legislative Committee on Aging Expenses)  Members of the Joint Legislative Committee on Aging shall receive mileage, per diem, and subsistence as provided by law for members of boards, committees, and commissions.  Members of the committee who are Senators shall have their expenses paid by the Senate, and members of the House shall have their expenses paid by the House of Representatives.  Committee members who are appointed by the Governor shall have their expenses paid from funds appropriated to the Governor.
     54.21.      (LEG: Teacher Certificate/Recertification Staff Exemption)  Legislative employees may have made available to them, $100 to pay toward teacher recertification or may request and be granted an exemption from Section 2-1-120 which shall be extended to include staff of the General Assembly.
     54.22.      (LEG: Code of Law Reimbursement)  The Legislative Council may require reimbursement from public sector recipients except for the General Assembly and courts of record in the unified judicial system of its cost of acquiring codes of law, supplements, or replacement volumes distributed to them.
     54.23.      (LEG: House Funds)  Funds appropriated to the House of Representatives pursuant to Act 66 of 2001 may be retained and carried forward into the current fiscal year and expended for the purpose of covering expenses of the House's programs and operations.

SECTION 55 - C05 - ADMINISTRATIVE LAW JUDGE DIVISION

     55.1.      (ALJ: Copying Costs Revenue Deposit)  The Administrative Law Judge Division shall retain and expend, for the same purpose for which it is generated, all revenue received during the current fiscal year as payment for printing and distributing copies of court rules and other agency documents.
     55.2.      (ALJ: County Office Space for Judges)  Every county shall provide for each Administrative Law Judge residing therein, upon their request, an office within the existing physical facilities if space is available, to include all utilities and a private telephone.  The request shall only be made provided that the judge's residence is not within fifty miles of the official headquarters of the agency by which the Administrative Law Judge is employed.
     55.3.      (ALJ: Filing Fees)  Each request for a contested case hearing, notice of appeal, or request for injunctive relief before the division must be accompanied by a filing fee equal to that charged in circuit court for filing a summons and complaint, unless another filing fee schedule is established by rules which shall be promulgated by the division, and shall be subject to review as are rules of procedure promulgated by the Supreme Court under Article V of the Constitution.  (Article V, Section 4A requires submission to the Judiciary Committee of each House and are effective 90 days from submission unless disapproved by the General Assembly.)  This fee must be retained by the division in order to help defray the costs of the proceedings.  No filing fee shall be required in administrative appeals by inmates from final decisions of the Department of Corrections.  However, if an inmate files six administrative appeals during a calendar year, then each subsequent filing during that year must be accompanied by a twenty-five dollar filing fee.  If the presiding administrative law judge determines at the conclusion of the proceeding that the case was frivolous or taken solely for the purpose of delay, the judge may impose such sanctions as the circumstances of the case and discouragement of like conduct in the future may require.
     55.4.      (ALJ: Code of Laws)  The Administrative Law Court is not required to reimburse Legislative Council for the cost of acquiring codes of law, supplements, or replacement volumes distributed to them.
SECTION 56DD - D21 - GOVERNOR'S OFFICE

     56DD.1.      (GOV: OEPP - Grant Funds Carry Forward)  Any unexpended balance on June 30, of the prior fiscal year, in 56C of this section "Implementing Federal Programs" may be carried forward to the current fiscal year and used for matching committed and/or unanticipated grant funds.
     56DD.2.      (GOV: OEPP - Developmental Disabilities Program)  The South Carolina Developmental Disabilities Program of the Office of the Governor, Office of Executive Policy and Programs is authorized to provide aid to sub-grantees for projects and services to benefit persons with developmental disabilities.  The intent of this provision is not to duplicate other state agency programs which are considered the legal and programmatic mandate of existing state agencies, but rather to fill gaps that exist in the state service delivery system related to his target population as identified and addressed in the Developmental Disabilities State Plan.
     56DD.3.      (GOV: OEPP - Development Disabilities Case Coordination System)  $112,559, less any pro rata share adjustment of any mandated base budget reduction, of the sums appropriated under OEPP, Allocations to Other State Agencies must be for the South Carolina Development Disabilities Case Coordination System.
     56DD.4.      (GOV: OEPP - CCRS Evaluations & Placements)  The amount appropriated in this section under Special Items Children's Case Resolution System for Private Placement of Handicapped School-Age Children must be used for expenses incurred in the evaluation of children referred to the CCRS to facilitate appropriate placement and to pay up to forty percent when placement is made in-state and up to thirty percent when placement must be made out-of-state of the excess cost of private placement over and above one-per-pupil share of state and local funds generated by the Education Finance Act, and the one-per-pupil share of applicable federal funds; provided it has been established that all other possible public placements are exhausted or inappropriate.  The balance of funding responsibility necessary to provide the child with services must be determined by the Children's Case Resolution System (CCRS) and apportioned among the appropriate public agencies on the basis of the reasons for the private placement.  When the amount appropriated in this section is exhausted, the funding responsibility must be apportioned according to the procedures of the CCRS.
     56DD.5.      (GOV: SLED - Special Account Carry Forward)  Funds awarded to the State Law Enforcement Division by either court order or from donations or contributions shall be deposited in a special account with the State Treasurer, and shall be carried forward from year to year, and withdrawn from the Treasurer as needed to fulfill the purposes and conditions of the said order, donations or contributions, if specified, and if not specified, as may be directed by the Chief of the State Law Enforcement Division.  Funds expended from the special account must be annually reported by October 1st to the Senate Finance Committee and the Ways and Means Committee.
     56DD.6.      (GOV: SLED - Computer/Communications Center Carry Forward)  Revenue generated from the operation of the division's criminal justice computer/communications center and not expended during the prior fiscal year may be carried forward and expended for the same purpose during the current fiscal year.
     56DD.7.      (GOV: SLED - Criminal Record Search Fee)  (1)  The State Law Enforcement Division shall charge and collect a fee of $25 for each criminal record search conducted pursuant to Regulations contained in Chapter 73, Article 3, Subarticle 1 of the Code of State Regulations.  All revenue generated up to an amount of four million four hundred sixty-one thousand dollars collected from the criminal record search fee must be deposited to the General Fund of the State; any revenue generated above this amount shall be collected, retained, expended, and carried forward by the State Law Enforcement Division for agency operations.  The sale or dissemination of the criminal history record database maintained by the State Law Enforcement Division is prohibited.  The individual sale of individual criminal history records by SLED is not affected.  Notwithstanding any other provision of law, criminal history record information, including arrest history, may be disseminated in accordance with regulations regardless of whether a corresponding judicial finding or disposition is part of the record.
           (2)      The fee allowed under paragraph (1) is fixed at eight dollars if the criminal record search is conducted for a charitable organization, a bona fide mentor, or for the use of a charitable organization.
     The division shall develop forms on which a mentor or charitable organization shall certify that the criminal record search is conducted for the use and benefit of the charitable organization or mentor.  For purposes of this subparagraph, the phrase "charitable organization" means:
                 (a)      an organization which has been determined to be exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended;
                 (b)      a bona fide church, including an institution such as a synagogue or mosque;
                 (c)      or volunteers of a local recreation commission; or
                 (d)      an organization which has filed a statement of registration or exemption under the Solicitation of Charitable Funds Act, Chapter 56, Title 33 of the 1976 Code.
     56DD.8.      (GOV: SLED - Revenue Carry Forward)  Notwithstanding any other provision of law, all revenue generated by SLED from the sale of vehicles, various equipment, gasoline, and insurance claims during the prior fiscal year may be retained carried forward and expended for the purpose of purchasing like items.
     56DD.9.      (GOV: SLED - Agents Operations Carry Forward)  Any unexpended balance on June 30, of the prior fiscal year, in subsection 56B of the Section "Agents Operations" may be carried forward and expended for the same purpose in the current fiscal year.
     56DD.10.      (GOV: OEPP - CCRS Significant Fiscal Impact)  In accordance with Section 20-7-5240 (e) of the 1976 Code, "significant fiscal impact" in the current fiscal year shall be defined for each designated agency as the greater of (1) funds appropriated by the General Assembly for the current fiscal year on cases referred to, decided or placed through the Children's Case Resolution System or (2) that agency's assigned shares in the current fiscal year of five cases decided by the Children's Case Resolution System.
     56DD.11.      (GOV: SLED - Match for Federal Grants Carry Forward)  State appropriations to SLED that are required to provide match for federal grant programs in the prior fiscal year may be carried forward into the current fiscal year and expended for the same purpose as originally appropriated.
     56DD.12.      (GOV: SLED-Night Telephone Operators Accommodations)  The State Law Enforcement Division is hereby authorized to provide accommodations/utility service without any charge to night telephone operators.
     56DD.13.      (GOV: SLED - Clothing Allowance)  The State Law Enforcement Division is hereby authorized to provide agents and criminalists with an annual clothing allowance (on a pro rata basis) not to exceed $600 per agent/criminalist for required clothing used in the line of duty.
     56DD.14.      (GOV: SLED - Witness Fee)  The State Law Enforcement Division is hereby authorized to charge a witness fee of $130.00 per hour up to $1,000 per day for each employee testifying in civil matters which do not involve the State as a part in interest.  This fee shall be charged in addition to any court prescribed payment due as compensation or reimbursement for judicial appearances and deposited into a designated revenue account.
     56DD.15.      (GOV: Governor's Office Budget)  All other provisions of law notwithstanding, the Office of Executive Policy and Programs section, the Executive Control of State section and Mansion and Grounds section shall be treated as a single budget section for the purpose of transfers and budget reconciliation.
     56DD.16.      (GOV: Victim Advocate Policy Committee)  The policy committee appointed pursuant to Section 79.3 of the 1988-89 General Appropriations Act is hereby continued for the purpose of monitoring the implementation of the guidelines developed by it, making such revisions as appear appropriate, assisting and advising the director in development and revision of forms, information and criteria used to evaluate compliance with the guidelines by victim advocate programs in solicitor's offices.
     The information gathered from these programs shall be aggregated by the director into the annual report of the agency which is submitted to the Governor, Speaker of the House of Representatives, and the President of the Senate.
     56DD.17.      (GOV: Victim Assistance Programs)  It is the intent of the General Assembly that the amounts appropriated in this section for victim assistance programs in solicitors' offices shall be in addition to any amounts presently being provided by the county for these services and may not be used to supplant funding already allocated for such services.  Any reduction by any county in funding for victim assistance programs in solicitors' offices shall result in a corresponding decrease of state funds provided to the solicitors' office in that county for victim assistance services.  Each solicitor's office shall submit an annual financial and programmatic report which describes the use of these funds.  The report shall be submitted to the Governor, the Attorney General, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee on October 1, for the preceding fiscal year.
     56DD.18.      (GOV: Establish Victim/Witness Program)  The funds appropriated in this section for Victim/Witness Program must be equally divided among the judicial circuits, less any adjustments made for budget reductions.  The funds for each circuit must be distributed to the solicitor's office of that circuit and only used by the solicitor for the purpose of establishing a Victim/Witness Program in the circuit which shall provide, but not be limited to, the following services:
           (1)      Make available to victims/witnesses information concerning their cases from filing in general sessions court through disposition.
           (2)      Keep the victim/witness informed of his rights and support his right to protection from intimidation.
           (3)      Inform victims/witnesses of and make appropriate referrals to available services such as medical, social, counseling, and victims' compensation services.
           (4)      Assist in the preparation of victims/witnesses for court.
           (5)      Provide assistance and support to the families or survivors of victims where appropriate.
           (6)      Provide any other necessary support services to victims/witnesses such as contact with employers or creditors.
           (7)      Promote public awareness of the program and services available for crime victims.
     The funds may not be used for other victim-related services until the above functions are provided in an adequate manner.
     56DD.19.      (GOV: Victim/Witness Program Formula Distribution)  If funds in the South Carolina Victims' Compensation Fund exceed the amount required to operate the State Office of Victims Assistance and pay claims of crime victims the first $650,000 of such excess must be used for Victim/Witness programs by distribution to Judicial Circuits based on a formula and criteria developed by the policy committee, and otherwise subject to requirements of Section 56DD.17 and 56DD.19.
     56DD.20.      (GOV: Physical Abuse Examinations)  Of the funds appropriated in this section for Victims' Rights, up to $60,000 may be expended for physical abuse examinations.
     56DD.21.      (GOV: Foster Care - Reduction in Funds Separation)  In recognition of the fact that the funds appropriated for the Division of Foster Care contain both funds appropriated for use by the Division Review System and "pass through" funds designated for use by the South Carolina Protection and Advocacy for the Handicapped, any reduction in funds appropriated for either shall be calculated based upon the separate funds for the respective entities rather than based upon the combined budget of the two organizations.
     56DD.22.      (GOV: Foster Care - Private Foster Care Reviews)  The Division of Foster Care is authorized to restructure its programs, including but not limited to, suspending reviews of children privately placed in private foster care and/or changing the location of reviews of children in public foster care, to maintain continuous operations within existing resources as dictated by recent budget reductions.  These decisions must be based upon the availability of existing funds.  This provision supersedes any previous statutory or regulatory mandate.
     56DD.23.      (GOV: Foster Care - Medicaid Eligible Children)  It is the intent of the General Assembly to ensure that placements of emotionally disturbed Medicaid eligible individuals under the age of twenty-one in residential therapeutic treatment are appropriate and that the level of care provided each child is offered in the least restrictive environment appropriate to meet the child's treatment needs.  The statutory powers and functions of the Division of Foster Care are expanded to develop, implement, and manage a quality assurance review system under contract with the Department of Health and Human Services.  This paragraph supersedes any previous statutory or regulatory mandate.
     56DD.24.      (GOV: OEPP - Federal, Other Flow Through Funds)  In order to complete projects begun in a prior fiscal year, the Governor's Office is authorized to expend federal and earmarked funds in the current fiscal year for expenses incurred in the prior fiscal year.
     56DD.25.      (GOV: SLED - Concealed Weapon Permit)  The State Law Enforcement Division shall collect, retain and carry forward all fees associated with the Concealed Weapon Permit program.
     56DD.26.      (GOV: SLED - Commissioned Officers' Physicals)  The department is authorized to pay for the cost of physical examinations for department personnel who are required to receive such physical examinations prior to receiving a law enforcement commission.
     56DD.27.      (GOV: SLED - Detective/Security Fee)  The State Law Enforcement Division is hereby authorized to charge and collect additional license and registration fees for private detective businesses, private security businesses, including employees of these businesses, and companies which provide private security on their own premises.  The funds generated will be transmitted to the Department of Public Safety and used for the purpose of providing additional security in the Capitol Complex area.
     56DD.28.      (GOV: SLED - Meals in Emergency Operations)  The State Law Enforcement Division may provide meals to employees of SLED who are not permitted to leave assigned duty stations and are required to work during deployment, emergency simulation exercises and when the Governor declares a state of emergency.
     56DD.29.      (GOV: OEPP - Victims' Assistance Network)  The Governor's Office of Executive Policy and Programs is directed to transfer $122,032 of the funds carried forward from the prior fiscal year in the Victims' Compensation Fund, to the South Carolina Victim Assistance Network for the purposes as provided in Section 16-3-1410 (F) of the 1976 Code.  SCVAN will submit an annual report to the Governor's Office and to the Chairmen of the Senate Finance Committee and House Ways and Means Committee detailing expenditures of the above funds in accordance with the State Office of Victim's Assistance.
     56DD.30.      (GOV: SLED - Hazardous Materials Security Detail)  The State Law Enforcement Division (SLED) is authorized to be reimbursed for security related law enforcement services provided to entities authorized to transport sensitive materials within the borders of South Carolina.  SLED shall determine all costs associated with security details and is authorized to coordinate the collection, retention, and distribution to any assisting agency.  SLED and each assisting agency shall expend any funds associated with minimizing risks related to the transportation of these hazardous materials for the implementation of homeland security initiatives.
     56DD.31.      (GOV: SLED - Sex Offender Registry Fee)  Each Sheriff is authorized to charge and collect an annual amount of one hundred dollars from each sex offender required to register by law.  If such sex offender has been declared indigent by the Clerk of Court of the county in which the offender must register and provides proof of the declaration at the time of registration, the fee will automatically be waived.  If an offender is not declared indigent and fails to pay the fee, he is officially declared unregistered.  This fee shall be equally divided between the Sheriffs and the State Law Enforcement Division.  Sheriffs shall remit the appropriate portion of these funds to SLED on a quarterly basis.  These funds must be used to support the Statewide Sex Offender Registry.
     56DD.32.      (GOV: SLED - Private Detective Fees Criminal History Checks)  The State Law Enforcement Division is authorized to charge private detective companies, individual private detectives, private security companies, armed security guards, and proprietary security companies an additional fee of twenty-five dollars to process state criminal history checks and fifty dollars for federal fingerprint based criminal history checks.  These funds shall be collected, retained, expended and carried forward by the State Law Enforcement Division.
     56DD.33.      (GOV: SLED - Compliance/Underage Alcohol/Tobacco Enforcement)  Notwithstanding any other provision of law, all initial alcoholic liquor, beer and wine license application fees shall be increased by one hundred dollars, all biennial alcoholic liquor, beer and wine beverage fees and licenses shall be increased by two hundred dollars, and all local operation permit fees shall be increased by fifty dollars.  These additional funds shall be collected by the Department of Revenue and as soon as practicable allocated to the State Law Enforcement Division to offset the costs of inspections, investigations, and enforcement.  SLED is authorized to receive, expend and carry forward these funds
     56DD.34.      (GOV: SLED - CWP Instructors Certification)  The State Law Enforcement Division is authorized to charge one hundred dollars for the issuance of a Certified Concealable Weapons Permit Instructor certificate, and one hundred dollars every three years for each renewal.  These funds shall be collected, retained, expended and carried forward by the State Law Enforcement Division.
     56DD.35.      (GOV: SLED - Coin Operated Device Enforcement)  The Department of Revenue is authorized to assess an additional fee of fifty dollars on each Class Two coin operated machine license authorized in Section 12-21-2720.  These funds shall be collected by the Department of Revenue and sent to the State Law Enforcement Division to offset the cost of video gaming enforcement.  The State Law Enforcement Division shall retain, expend, and carry forward these funds.
     56DD.36.      (GOV: M&G - Mansion and Grounds Budget)  The Governor's Office of Mansion and Grounds shall not exceed 10% of its quarterly allocation of funds so as to provide for agency operations on a uniform basis throughout the fiscal year.
     56DD.37.      (GOV: SLED - Expungement Requests)  The State Law Enforcement Division is authorized to collect a twenty-five dollar expungement fee for each request to expunge criminal records.  These funds shall be used to offset the operational and research expenses associated with processing these expungement requests.  SLED is authorized to collect, retain, expend, and carry forward these funds.  Persons found not guilty by a court of competent jurisdiction or where charges have been dismissed or nolle prossed shall be excluded from the fee requirement.
     56DD.38.      (GOV: SLED - Retention of Funds Reimbursed by State or Federal Agencies)  The State Law Enforcement Division is authorized to collect, expend, retain, and carry forward all funds received from other state or federal agencies in the current fiscal year as reimbursement of expenditures incurred in the current or prior fiscal year.
     56DD.39.      (GOV: OEPP - Guardian Ad Litem Program)  Both the program and the funds appropriated to the Governor's Office, Division of Children's Services, Guardian ad Litem Program must be administered separately from other programs within the Division of Children's Services and must be expended for the exclusive use of the Guardian ad Litem Program.
     For FY 2005-06 2006-07, the Department of Revenue is directed to reduce the rate of interest paid on eligible refunds by two percentage points.  The revenue resulting from this reduction must be used exclusively for operations of the Guardian ad Litem program.  The Guardian ad Litem program may carry forward the other funds authorized herein for its operations from the prior fiscal year into the current fiscal year.
     56DD.40.      (GOV: OEPP - Continuum of Care Carry Forward)  The Division of Continuum of Care may carry forward funds appropriated herein to continue services.
     56DD.41.      (GOV: SLED - Monies Associated with Illegal Gaming Devices)  The State Law Enforcement Division is authorized to retain, expend, and carry forward all monies associated with illegal gaming devices seized by the division, once orders of destruction and awarding of these monies have been received from a court of competent jurisdiction.
     56DD.42.      (GOV: OEPP - Procuring Services)  In order to maximize services for victims of crime, if the fulfilling of requirements pursuant to Section 16-3-1410 of the 1976 Code, necessitates hiring any outside entities, the State Office of Victims' Assistance must follow procedures established by the SC Consolidated Procurement Code.  Any entity contracting with the agency will submit an annual report by August 1 to the Governor's Office and to the Chairmen of the Senate Finance Committee and House Ways and Means Committee detailing expenditures from the prior fiscal year in accordance with the State Office of Victims' Assistance.  The Governor's Office of Executive Policy and Programs is directed to transfer $122,032 of the funds carried forward from the prior fiscal year in the Victims' Compensation Fund, and up to $41,892 from general funds from Program III.A.1 to pay for any contracts or services procured.
SECTION 57 - E04 - LIEUTENANT GOVERNOR'S OFFICE

     57.1.      (LTG: Personnel Administration Exemption)  The staff of the Lieutenant Governor's Office who report directly to the Lieutenant Governor shall be exempt from the provisions of Article 3, Chapter 11, Title 8 of the 1976 Code of Laws, as amended. In addition, to the extent provided in proviso 72.64, the staff of the Lieutenant Governor's Office shall be exempt from the provisions of Article 5, Chapter 17, Title 8 of the 1976 Code of Laws, as amended.
     57.2.      (LTG: Division on Aging Transfer)  Notwithstanding any other provision of law, the duties, functions and responsibilities of the Division on Aging are transferred from the Department of Health and Human Services to the Office of the Lieutenant Governor as the Office on Aging.  A director must be employed to be the administrator of the office.
     57.3.      (LTG: State Matching Funds Carry Forward)  Any unexpended balance on June 30 of the prior fiscal year of the required state matching funds appropriated in Part IA, Section 57, Distribution to Subdivisions, shall be carried forward into the current fiscal year to be used as required state match for federal funds awarded to subdivisions on or before September 30 of the current fiscal year.
     57.4.      (LTG: State Match Funding Formula)  Of the state funds appropriated under "Distribution to Subdivisions", the first allocation by the Office on Aging shall be for the provision of required State matching funds according to the Office on Aging formula for distributing Older Americans Act funds.  The balance of this item shall be distributed to the planning and service areas of the State.  In the event state appropriations are reduced, reductions to the planning and service areas shall be based on amounts distributed in accordance with the previous requirements.
     57.5.      (LTG: Registration Fees)  The Office on Aging is authorized to receive and expend registration fees for educational, training and certification programs.
     57.6.      (LTG: Loan Forgiveness Carry Forward)  Any unexpended balance on June 30 of the prior fiscal year of funds appropriated in Part IA, Section 57, Geriatric Physician Loan Program, shall be carried forward and used for the same purpose as originally appropriated.
     57.7.      (LTG: Council Meeting Requirements)  The duties and responsibilities, including the statutory requirement to hold meetings of the Coordinating Council established pursuant to Section 43-21-120 and of the Long Term Care Council established pursuant to Section 43-21-130, both under the Office on Aging in the Office of the Lieutenant Governor, are suspended for Fiscal Year 2006-07.

SECTION 58 - E08 - SECRETARY OF STATE'S OFFICE

     58.1.      (SS: Charitable Funds Solicitation - Fire Dept/Rescue Squads)  A fire department or rescue squad conducting or intending to conduct a professional solicitation of charitable funds may comply with the registration and fee requirements of Chapter 56, Title 33 of the 1976 Code if the local governing body having jurisdiction over that department or squad and other departments or squads in its area singly registers the multiple departments or squads annually and pays a single annual registration fee to the Secretary of State of fifty dollars pursuant to Section 33-56-30.  The single annual registration and fee payment of fifty dollars effectively registers all fire departments and rescue squads within the jurisdiction of the local governing body.
     58.2.      (SS: UCC Filing Fees)  Revenues from the fees raised pursuant to Section 36-9-525(a), not to exceed $120,000, may be retained by the Secretary of State for purposes of UCC administration.

SECTION 59 - E12 - COMPTROLLER GENERAL'S OFFICE

     59.1.      (CG: Signature Authorization)  The Comptroller General is hereby authorized to designate certain employees to sign, in his stead, warrants drawn against the State Treasurer and the State Treasurer is hereby authorized to accept such signatures when notified by the Comptroller General.  This provision shall in no way relieve the Comptroller General of responsibility.
     59.2.      (CG: GAAP Implementation & Refinement)  It is the intent of the General Assembly that the State of South Carolina issue financial statements in conformance with Generally Accepted Accounting Principles (GAAP).  To this end, the Comptroller General is directed, as the State Accounting Officer, to maintain a Statewide Accounting and Reporting System that will result in proper authorization and control of agency expenditures, including payroll transactions, and in the preparation and issuance of the official financial reports for the State of South Carolina.  Under the oversight of the General Assembly, the Comptroller General is given full power and authority to issue accounting policy directives to state agencies in order to comply with GAAP.  The Comptroller General is also given full authority to conduct surveys, acquire consulting services, and implement new procedures required to implement fully changes required by GAAP.
     59.3.      (CG: Out-of-State Promotional Activities Expenses)  The Comptroller General may approve warrants for the payment of expenses for out-of-state promotional activities only when, in his opinion, such expenses are related to economic development in South Carolina.
     59.4.      (CG: Payroll Deduction Processing Fee)  There shall be a fee for processing payroll deductions, not to exceed 10 cents, for insurance plans, credit unions, deferred compensation plans and professional associations per deduction per pay day.  This fee shall not be applied to charitable deductions.  The Comptroller General is authorized to charge a reasonable fee to the South Carolina Lottery Commission for the purpose of payroll processing not to exceed $30,000 annually.  The revenues generated from these fees and those provided for child support deductions in accordance with Section 20-7-1315(F)(3), S. C. Code of Laws (1976, as amended), may be used to support the operations of the Comptroller General's Office and any unexpended balance may be carried forward from the prior fiscal year to the current fiscal year and utilized for the same purposes.
     59.5.      (CG: GASB #34 Compliance)  Provided that funding Funding for GASB compliance shall be carried forward as necessary to provide South Carolina's State compliance with new authoritative pronouncements issued by the Governmental Accounting Standards Board (GASB) and to assure completion of the state's Comprehensive Annual Financial Report using the new statewide financial management system.  The Comptroller General's Office is authorized to transfer appropriations or cash between accounts as necessary to assure adequate funding for South Carolina's required annual compliance with the Governmental Accounting Standards Board's (GASB) authoritative pronouncements and to maintain critical programs previously funded with general fund appropriations.
     59.6.      (CG: GASB #34 Implementation)  The Comptroller General's Office is authorized to transfer appropriations or cash between accounts as necessary to assure adequate funding for South Carolina's required annual compliance with the Governmental Accounting Standards Board's (GASB) Statement #34.
     59.7.      (CG: Accounting System Account Flexibility)  In addition to the authorization pertaining to agency earmarked and restricted subfund accounts designated as "special revenue funds" in the flexibility proviso in Section 72 as contained herein, the Comptroller General's Office is authorized to expend accounting system account funds in a like manner.
     59.8.      (CG: Payroll System Modifications for State Optional Retirement Program)  The Comptroller General is hereby directed to contract on mutually agreeable terms with the South Carolina Retirement System to modify the State's payroll and accounting systems to accommodate the requirements of the State Optional Retirement Program.  The Comptroller General's Office is authorized to seek cost reimbursement by charging the Retirement System reasonable fees for systems modifications associated with this contract, not to exceed $200,000.  The cost reimbursement may be used to support the operations of the Comptroller General's Office and any unexpended fund balance may be carried forward if necessary to complete the project.
     59.9.      (CG: Unemployment Compensation Fund Administration)  The lesser of two percent or $200,000 of the fund balance of the Unemployment Compensation Fund shall be paid out annually to the Comptroller General's Office to be used by that agency to recover the costs of administering the fund.  The Unemployment Compensation Fund is provided for in Section 41-31-820, S. C. Code of Laws, 1976, as amended.  Any unexpended balance may be carried forward from the prior fiscal year to the current fiscal year and used for the same purposes.
     59.10.      (CG: Suspension of Withholding)  The Comptroller General may suspend the ten percent withholding requirement imposed on funds appropriated to counties and municipalities in Part IA, Section 69A of this act for failure to submit required financial data in the Annual County Financial Report and the Annual Municipal Financial Report.  Counties and municipalities receiving revenues from state aid, described in Part IA of this act as "aid to subdivisions", shall submit to the State Budget and Control Board, Office of Research and Statistics, Economic Research Section, a financial report detailing their sources of revenue, expenditures by category, indebtedness, and other information as the Economic Research Section requires.  The Economic Research Section shall determine the required content and format of the annual financial report.  The financial report for the most recently completed fiscal year must be submitted to the Economic Research Section by November fifteenth of each year.  If an entity fails to file the financial report by November fifteenth, then the chief administrative officer of the entity must be notified in writing that the entity has thirty days to comply with the requirements of this paragraph.  The Director of the Office of Research and Statistics, for good cause, may grant a local entity an extension of time to file the annual financial report.  Notification by the Director of the Office of Research and Statistics to the Comptroller General that an entity has failed to file the annual financial report thirty days after written notification to the chief administrative officer of the entity must result in the withholding of ten percent of subsequent payments of state aid to the entity until the report is filed.  The Economic Research Section is responsible for collecting, maintaining, and compiling the financial data provided by the counties and municipalities in the annual financial report required by this paragraph.
     59.11.      (CG: Purchasing Card Rebate Program)  The Comptroller General's Office is authorized to retain the first $50,000 of rebate associated with the Purchasing Card Program.  The In addition, the Comptroller General's Office shall be authorized to retain only that a portion of the increase, if any, in Purchasing Card Program rebates which exceeds the average of the corresponding rebates received by the general fund during the prior last three fiscal year years, provided that the general fund and the Comptroller General's Office shall share equally any such increase in rebates.  The Comptroller General's Office total share of such increase shall not exceed $200,000 $150,000.  The funds retained shall be used by the Comptroller General's Office to produce increased statewide use of the Purchasing Card Program while developing stronger safeguards against improper use.  Any unexpended retained amounts may be carried forward into the current fiscal year.

SECTION 60 - E16 - STATE TREASURER'S OFFICE

     60.1.      (TREAS: Nat'l. Forest Fund - Local Govt. Compliance)  In order to conform to federal requirements local governments receiving distributions of National Forest Fund revenues are required to report annually to the State Treasurer indicating compliance with authorized purposes.
     60.2.      (TREAS: STARS Approval)  Decisions relating to the Statewide Accounting and Reporting System (STARS) which involve the State Treasurer's Banking Operations and other functions of the State Treasurer's Office shall require the approval of the State Treasurer.
     60.3.      (TREAS: Investments)  The State Treasurer may pool funds from accounts for investment purposes and may invest all monies in the same types of investments as set forth in Sections 11-9-660.
     60.4.      (TREAS: Management Fees)  The State Treasurer is authorized to charge a fee for the operating and management costs associated with the Local Government Investment Pool, the Deferred Compensation Program, the Tuition Prepayment Program, and the College Investment Program and is further authorized to retain and expend the fees to provide these services.  The fees assessed may not exceed the cost of the provision of such services.
     60.5.      (TREAS: Assessments & Filing Fees)  The State Treasurer shall retain an amount equal to one percent of that portion of assessments in Municipal, Magistrate, Family, and General Sessions Courts and filing fees in courts of record which must be credited to the General Fund of the State and require that those retained revenues must be used for training local governments and to defray the administrative expenses of the collection and distribution of these revenues.  Further, the State Treasurer's Office shall identify any jurisdiction that it believes is not timely transmitting assessments and filing fees required to be paid to the State Treasurer and follow-up with the County Treasurer to determine why the appropriate amounts have not been remitted.
     60.6.      (TREAS: Unclaimed Property)  Notwithstanding Section 27-18-190(A) the State Treasurer shall only be required to publish a notice not later than April thirtieth of the year immediately following the report required by Section 27-18-180 by electronic means in this State or at least once in a newspaper of general circulation in the county of this State in which is located the last known address of any person named in the notice.
     60.7.      (TREAS: Investment Management Fees)  Unless otherwise prohibited by law, the State Treasurer may charge a fee for the operating and management costs associated with the investment management of various state funds and programs, and further, may retain and expend the fees to provide these services.  The fees assessed may not exceed the lesser of (a) 0.02 percent of the funds managed or (b) the actual cost of the provision of these services.  Fees assessed shall not exceed the earnings on these investments.
     60.8.      (TREAS: Electronic Publication of Financial Institutions Cash)  Notwithstanding Section 11-5-120, the State Treasurer shall publish quarterly, by electronic means and in a manner that allows for public review, a statement showing the amount of money on hand and in what financial institution it is deposited and the respective funds to which it belongs.
     60.9.      (TREAS: Debt Management Cost Allocation)  Unless otherwise prohibited by law, the State Treasurer may charge actual costs associated with the administration and management of the indebtedness of the State, its agencies and institutions, and further, may retain and expend any amounts so allocated to provide these services.  Costs associated with the original issuance of bonds and other indebtedness must be assessed on an hourly basis, must be taken from the costs of issuance of any bond issue or other indebtedness, and must not exceed the actual cost of providing these services.  Ongoing costs of administration and maintenance must be assessed against expenses of debt service, and must not exceed the actual costs of providing these services.
     60.10.      (TREAS: State Infrastructure Bank)  The State Treasurer is directed to transfer to the Pledged Revenue Fund of the South Carolina Transportation Infrastructure Bank from the special restricted account established by the Comptroller General pursuant to Section 56-3-1230 (A) all of the fees collected pursuant to Sections 56-3-660 and 56-3-670 and deposited to the special restricted account from July 1, 2002 through December 31, 2004 in the approximate amount of $1,561,200, and all such fees collected and deposited in the special restricted account from January 1, 2005 through June 30, 2005.  These amounts are to be provided to the State Treasurer on or before August 15, 2005.  These transfers must be made on or before September 1, 2005.
     60.11.      (TREAS: ScienceSouth)  The State Treasurer's Office is directed to transfer $500,000 from Subfund 4019 Governor's Teaching School Loan Program to ScienceSouth for the training of public school teachers in science curriculum standards through grade-specific, standards-based instructional activities.  Funds transferred to ScienceSouth may be carried forward.
     60.12.      (TREAS: Withheld Accommodations Tax Revenues)  Revenues withheld pursuant to Sections 6-4-35(B)(1)(a) and 6-4-35(B)(1)(b) prior to July 1, 2006 must be returned to the entity from which revenues were withheld, in the same amount and manner that they were withheld.  After July 1, 2006, before noncompliant expenditures and penalties withheld pursuant to Sections 6-4-35(B)(1)(a) and 6-4-35(B)(1)(b) are reallocated, the Tourism Expenditure Review Committee must certify to the State Treasurer's Office that the time period for an appeal of the committee's action to the Administrative Law Judge Division has expired or that the action of the committee has been upheld or overturned by the Administrative Law Judge Division.  Noncompliant expenditures and penalties withheld must be reallocated annually after August 1st.  Allocations withheld must be reallocated proportionately based on the most recent completed fiscal year's total statewide collections of the accommodations tax revenue according to the State Treasurer's Office records.  Each annual reallocation of withheld funds to non-offending counties and municipalities must be calculated separately then combined if necessary.  Each reallocation to a county or municipality calculated less than a dollar must be transferred to the General Fund of the State.

SECTION 61 - E24 - ADJUTANT GENERAL'S OFFICE

     61.1.      (ADJ: Unit Maintenance Funds)  Notwithstanding any other provision of law, the funds appropriated as unit maintenance funds shall be distributed to the various National Guard units at the direction of the Adjutant General.
     61.2.      (ADJ: Revenue Collections)  All revenues collected by National Guard units from county and city appropriations, vending machines, rental of armories, court martial fines, federal reimbursements to armories for utility expenses, and other collections may be retained and expended in its budgeted operations.
     61.3.      (ADJ: Rental Fee for Election Purposes)  The maximum fee that an armory may charge for the use of its premises for election purposes shall be the cost of providing custodial services, utilities and maintenance.
     61.4.      (ADJ: Parking Lot Revenues)  Notwithstanding other provisions of this Act, as a security measure for the State Military Department's headquarters building and grounds, the Adjutant General may control and contractually lease the headquarters' building parking facilities, during events at the University of South Carolina's Williams-Brice Stadium, to a state chartered and federally recognized 501(c)(4) tax exempt agency employees' association who may then sub-lease individual parking spaces.  Such a contract must require the employees association to obtain liability insurance against wrongful death or injury.  The contract must clearly hold the Adjutant General's Office, its officers, and the State of South Carolina harmless from any liability resulting from the use of the parking lot when rented by the employees association.  In addition, the contract must specify that the State of South Carolina's Military Department shall receive no less than thirty-three percent of the gross profits from the sub-leasing of the parking spaces.  The contract must allow the State to audit the employees association's funds.  Funds at the Adjutant General's Office derived wholly from the rental of Adjutant General's headquarters' parking lot may be retained at the Adjutant General's Office, but may not be used for employee perquisites.
     61.5.      (ADJ: Armory Rental Program)  The Adjutant General is authorized to develop and implement an armory rental program to recoup costs associated with the use of armories by state agencies or other non-Guard organizations.  The rental program must be uniform in its application to the maximum extent possible.  Funds generated by this program may be retained and expended for armory maintenance and operations.
     61.6.      (ADJ: Meals in Emergency Operations Centers)  The cost of meals may be provided to state employees who are required to work at the State Emergency Operations Centers during actual emergencies and emergency simulation exercises when they are not permitted to leave their stations.
     61.7.      (ADJ: Educational Seminar Revenue)  All revenue earned from educational seminars shall be retained by the agency to be used for the printing of materials and other expenses related to conducting the seminars.  The balance of funds shall be reported annually to the General Assembly.
     61.8.      (ADJ: Retention of Lease Property Revenue)  The Adjutant General is authorized to lease the property formerly referred to as the Combined Support Maintenance  Shop and can retain revenue collected from this lease program. Funds generated by this program may be retained and expended for maintenance, renovation and construction of armory properties covered under the Federal Installation Stationing Plan (FISP) as authorized by the Adjutant General or Deputy Adjutant General for state operations.
     61.9.      (ADJ: Billeting and Dining Facility Operations)  All revenues collected by the Billeting and Dining Facility operations at the R. L. McCrady Training Center shall be retained and expended in their budgeted operations.  Expenditures from these funds shall be determined by the Billeting Committee for Billeting operations and the Deputy Adjutant General for state operations for the Dining Facility operation.
     61.10.      (ADJ: EMD Compensatory Payment)  In the event a State of Emergency is declared by the Governor, exempt employees of the Emergency Management Division may be paid for actual hours worked in lieu of accruing compensatory time, at the discretion of the Agency Director, and providing funds are available.
     61.11.      (ADJ: Civil Air Patrol)  The funds appropriated in this section for the Civil Air Patrol shall be expended by the Civil Air Patrol so as to discharge the state's obligations in conjunction with the Civil Air Patrol as outlined in the SARDA Plan, the S. C. Operational Radiological Emergency Response Plan, and to assist county and local authorities and other state agencies as permitted by the regulations governing the Civil Air Patrol.  All expenditures for equipment and services shall be in accordance with state fiscal policies.
SECTION 62 - E28 - ELECTION COMMISSION

     62.1.      (ELECT: County Registration Board and County Election Commission Compensation)  The amounts appropriated in this section for "County Registration Board Members and County Election Commissioners," shall be disbursed annually to the County Treasurer at the rate of $1,500 for each member, not to exceed $12,500 per county.  The County Treasurer shall use these funds only for the compensation of County Registration Board Members and County Election Commissioners.  Any funds not used for this purpose shall be returned to the State Treasurer.  These funds are exempted from mandated budget reductions.  In addition, in the calculation of any across the board agency base reductions mandated by the Budget and Control Board or the General Assembly, the amount of funds appropriated for compensation of County Registration Board Members and County Election Commissioners shall be excluded from the agency's base budget.
     62.2.      (ELECT: Elections Managers & Clerks Per Diem)  Managers and clerks of state and county elections shall receive a per diem of $50.00 $60.00; but managers shall not be paid for more than two days for any election and clerks for not more than three days for any election.  The commission may adjust the per diem of $50.00 $60.00 for the managers and clerks of the statewide election to a higher level only to the extent that the appropriation for the statewide election is sufficient to bear the added cost of increasing the per diem and the cost of the statewide election.  Up to three additional managers per county may be appointed to assist county registration boards with the absentee/fail safe voting process prior to, on election day, and immediately following statewide elections.  Managers assisting the registration board in the absentee/fail safe process may receive a per diem of $50.00 $60.00 per day for not more than a total of fifteen days regardless of whether one, two, or three additional managers are used.
     62.3.      (ELECT: Board of State Canvassers Compensation)  $100.00 additional compensation per day may be paid to each member of the Board of State Canvassers up to a total of 15 days that may be required for hearings held by the members of the Board of State Canvassers.
     62.4.      (ELECT: Sale of Lists Revenue Carry Forward)  Any revenue generated from the sale of election lists may be retained and expended by the South Carolina Election Commission to reimburse the State Budget and Control Board, Division of Operations, for the printing of such lists and to pay expenses of postage and shipment of these lists to electors who purchase them.  After such reimbursement has been made an amount, not to exceed $400,000, shall be used for nonrecurring expenses in conjunction with extraordinary special election and legal costs and costs for upgrading the Statewide Voter Registration System.  Any balance in the Sale of Lists Account on June 30, of the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year.
     62.5.      (ELECT: Budget Reduction Exemption)  Funds appropriated for nonrecurring general and primary election expenses are exempted from mandated across the board reductions.  In addition, in the calculation of any across the board agency base reductions mandated by the Budget and Control Board or the General Assembly, the amount of funds appropriated for nonrecurring primary and general election expenses shall be excluded from the agency's base budget.
     62.6.      (ELECT: Primary and General Election Carry Forward)  Filing fees received from candidates filing to run in statewide or special primary elections may be retained and expended by the State Election Commission to pay for the conduct of primary elections.  Any balance in the filing fee accounts on June 30, of the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year.  In addition, any balance in the Primary and General Election Accounts on June 30, of the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year.  Up to $300,000 in primary carry forward funds, if practicable, may be used to aid counties in the purchase of Automated Count Voting Equipment on a 50/50 matching basis with the State paying 50% of the base price of the equipment and the counties paying 50% plus taxes and shipping.
     62.7.      (ELECT: Automated Voting Systems Carry Forward)  Funds provided to the agency as state match for purchasing automated voting systems shall be carried forward to be expended for the same purposes in the current fiscal year.
     62.8.      (ELECT: Training & Certification Program)  All members and staff of County Boards of Voter Registration and County Election Commissions will receive a common curriculum to include core courses on the duties and responsibilities of county registration boards and county election commissions and electives to promote quality service and professional development.  Up to $35,000 of revenue generated by charging a fee to attend these courses may be retained and expended by the South Carolina Election Commission to help cover the cost of providing the training.  Any balance in the training and certification account on June 30, of the prior fiscal year may be carried forward and expended for the same purpose during the current fiscal year.
     62.9.      (ELECT: General Election Carry Forward)  Any remaining funds may be carried forward and used to help defray the costs of conducting subsequent General Elections and to aid counties in the purchase of Automated Count Voting Systems on a 50/50 match basis with the State paying 50% of the base price of the equipment and the counties paying 50% plus taxes and shipping.
     62.10.      (ELECT: Penalty for Late Submission of Reimbursable Expenses)  In the event that a county submits reimbursable election expenses to the Commission for payment more than thirty (30) days after the election is held, the Commission may deduct a penalty of ten (10) percent of the late-submitted amount.  The county is responsible for payment of this amount.  If the Commission finds good reason for such late submission, the penalty may be waived.  The Election Commission shall be authorized to expend funds appropriated/ authorized in the current fiscal year to pay election expenses incurred by a county in the prior fiscal year.
     62.11.      (ELECT: Election Support Services)  The State Election Commission provides election support services to county election commissions by providing election databases and ballots.  Up to $100,000 of revenue generated by charging a fee for these services may be retained and expended by the South Carolina Election Commission to help cover the costs of providing election support services.
     62.12.      (ELECT: Help America Vote Act)  Of funds appropriated to the commission for primary and general elections, the commission shall utilize any excess funds to match the Help America Vote Act program to the greatest extent possible, and also ensure compliance with the Uniformed and Overseas Citizens Absentee Voting Act of 1986.
     62.13.      (ELECT: HAVA)  In no event shall any vendor, or vendor's equipment, which has been the subject of decertification, ethical, or technical violations in any state, county, municipality, or territory of the United States, or the Federal Government in the past three years, be eligible to supply election equipment or services to the State of South Carolina or any county, municipality, or other entity within the State through which an election may be conducted unless the vendor provides evidence to the State Election Commission to the Commission's satisfaction that deficiencies in the equipment have been corrected.  Any equipment manufactured by any vendor as stipulated, or licensed by such vendor to any third party, is also ineligible for use in this State except as provided above.
     62.14.      (ELECT: HAVA Carry Forward)  The Election Commission shall be authorized to carry forward unexpended Help America Vote Act funds into the current fiscal year and to use these funds for the same purpose.

SECTION 63 - F03 - BUDGET AND CONTROL BOARD

     63.1.      (BCB: Civil Contingent Fund - Disbursements)  The Civil Contingent Fund, appropriated in Section 63 of this section shall be expended only upon unanimous approval of the State Budget and Control Board, and upon warrant requisitions signed as directed by the State Budget and Control Board, to meet emergency and contingent expense of the State Government.  None of the Civil Contingent Fund shall be used to increase the salary of any state employee.
     63.2.      (BCB: Brandenburg Coordination Committee)  The funds appropriated in this section for the Brandenburg Coordination Committee are to be spent in support of cultural, educational, agricultural, scientific, governmental or business exchanges and agreements between South Carolina and the sister state of Brandenburg, Germany and related German interests.  The Budget and Control Board will report to the Governor, the Chairmen of the Senate Finance Committee, and the House Ways & Means Committee detailing such activities.
     63.3.      (BCB: BCB Realignment)  The Budget and Control Board shall be authorized to realign its detailed budget and division structures into a revised structure to reflect actual agency operations.  Where a proviso contained in the appropriations bill for the current year references either an Office or Division of the Budget and Control Board, the Office of State Budget is directed to change that reference to "Budget and Control Board."
     63.4.      (BCB: Southern Maritime Collection)  The Budget and Control Board, on behalf of the Hunley Commission is authorized to expend funds appropriated for such purpose to pay the outstanding note entered into to finance the  purchase of the Southern Maritime Collection and the Hunley Commission will assume custody and management of the Collection for the State.  The board is authorized to use up to $500,000 of the funds transferred for implementation of this proviso.  The balance of the funds transferred may be used by the board for costs associated with other Museum operations.  The General Assembly will provide for funds in future fiscal years to cover the costs of the financing of the Southern Maritime Collection.
     63.5.      (BCB: Procurement of Art Objects)  Before any governmental body, with the exception of the South Carolina Museum Commission, the Budget and Control Board and the South Carolina Hunley Commission as defined under the South Carolina Consolidated Procurement Code, procures any art objects such as paintings, antiques, sculptures, or similar objects above $1,000, the head of the Purchasing Agency shall prepare a written determination specifying the need for such objects and benefits to the State.  The South Carolina Arts Commission shall review such determination for approval prior to any acquisition.
     63.6.      (BCB: Real Property - Sale/Leaseback/ Repurchase Revenue Account)  In order to ensure the stability of any sale/leaseback and repurchase option agreement entered into by the State for any piece of real property, the Budget and Control Board is directed to establish a separate and distinct account for the deposit of the net proceeds of the sale or net annual charges derived from any such property.  Any funds held in such separate and distinct accounts shall only be used for the purpose of repurchasing the property and/or the establishment of a reserve fund as outlined in the contract documents for the property, until such time as the agreements on the property are fulfilled.  It is the intention of the General Assembly to appropriate sufficient funds on an annual basis to enable the Budget and Control Board to meet the required lease payments and other necessary expenditures associated with any sale/leaseback agreement involving real property.
     63.7.      (BCB: State House Operation & Maintenance Account)  Funds appropriated to the Budget and Control Board - for State House Maintenance & Operations & Renovations must be set aside in a separate account for the operation and maintenance of the State House.  The Budget and Control Board shall report annually to the State House Committee on the amount expended from this fund.
     63.8.      (BCB: Health Plan Reserve)  Notwithstanding any other provision of law, the State Health Plan is only required to seek a zero day reserve fund by the end of the calendar year.
     63.9.      (BCB: Wireless Communications Tower)  The Budget and Control Board is directed to coordinate tower and antenna operations within South Carolina state government. The Board shall (1) approve all leases regarding antenna placement on state owned towers and buildings, (2) coordinate all new tower construction on state owned property, (3) promote and market excess capacity on the State's wireless communications infrastructure, (4) generate revenue by leasing, licensing, or selling excess capacity on the State's wireless communications infrastructure, and (5) construct new communications assets on appropriate state owned property for the purpose of generating revenue pursuant to this proviso.  All revenue from tower and antenna leases and contracts after July 1, 2001 must be remitted to a separate fund established by the Board to create and support a statewide public safety communications system.  These funds shall be retained and carried forward and used for the same purpose. Agencies owning tower and antenna assets will be allowed to recover expenses associated with implementing this proviso from this fund.  The Board shall annually report to the Chairmen of the Senate Finance and House Ways and Means Committees by October 1 of each year all revenue collected and disbursed.  This report shall also include a summary of each agency's overall revenues, whether retained by the agency or remitted to the separate fund.
     63.10.      (BCB: Compensation - Agency Head Salary)  Notwithstanding any other provision of law in the event of an agency head vacancy, the governing board of the agency or the Governor, must have the prior favorable recommendation of the Agency Head Salary Commission to set, discuss or offer a salary for the agency head at a rate that exceeds the minimum of the range established by the Agency Head Salary Commission.  The Budget & Control Board shall have final approval authority for agency head salaries.  Boards and commissions of newly created agencies shall not offer a salary to a prospective agency head until a salary range has been established and the salary approved by the Agency Head Salary Commission.  The funding for such purpose should come from resources within the agency.  The Budget & Control Board shall contract every four years for a study of agency head compensation during the current year.  The cost of the study must be shared by the participating agencies.  The Agency Head Salary Commission shall recommend to the Budget & Control Board salary increases for agency heads.  No agency head shall be paid less than the minimum of the salary pay range nor receive an increase that would have the effect of raising the salary above the maximum of the pay range.  Funding must be provided for an amount equivalent to the pay increase for all classified employees.  Any remaining increases recommended by the Agency Head Salary Commission shall be funded from the individual agency budget.  All increases shall be effective on or after January 1, of the current fiscal year.
     In the event of a Technical College President vacancy, the appointing authority must have prior favorable recommendation of the Agency Head Salary Commission to set, discuss or offer a salary for Technical College Presidents at a rate that exceeds the midpoint of the salary range.  The Budget & Control Board shall have final approval authority for these salaries.
     63.11.      (BCB: Compensation - Reporting of Supplemental Salaries)  No supplement shall be paid to an agency's employee unless the agency head or designated official of the employing agency has approved the conditions and amount of salary supplement.  Any compensation, excluding travel reimbursement, from an affiliated public charity, foundation, clinical faculty practice plan, or other public source or any supplement from a private source to the salary appropriated for a state employee and fixed by the State must be reported by the employing agency to the Division of Budget and Analyses of the Budget and Control Board.  The report must include the amount, source, and any condition of the supplement.  The employing agency must report this information on or before August 31 of each year and must include the total amount and source of the salary supplement received by the employee during the preceding fiscal year (July 1 through June 30).  The Office of Human Resources of the B&C Board shall formulate policies and procedures to ensure compliance with the reporting provisions of this proviso.
     63.12.      (BCB: Mid-Year Budget Reductions & Restricting the Rate of Expenditures)  Any appropriations made herein or by special act now or hereafter, are hereby declared to be maximum, conditional and proportionate, the purpose being to authorize expenditures not to exceed the amounts named herein, if necessary, but only in the event the aggregate revenues available during the period for which the appropriations are made are sufficient to pay them in full.  The State Budget and Control Board is directed to survey the progress of the collection of revenue and the expenditure of funds by all agencies, departments and institutions.  If the Budget and Control Board determines that a year-end aggregate deficit may occur by virtue of a projected shortfall in anticipated revenues, it shall utilize such funds as may be available and required to be used to avoid a year end deficit and thereafter take such action as necessary to restrict the rate of expenditure of all agencies consistent with the provisions of this section.  No institution, activity, program, item, special appropriation, or allocation for which the General Assembly has provided funding in any part of this act shall be discontinued, deleted, or deferred by the Budget and Control Board.  Any reduction of rate of expenditure by the Board, under authority of this act, shall be applied as uniformly as may be practicable except that no reduction shall be applied to funds encumbered by a written contract with an agency not connected with the State Government.  No such reduction shall be ordered by the State Budget and Control Board while the General Assembly is in session without first reporting such necessity to the General Assembly and the General Assembly has taken no action to prevent the reduction within five statewide session days of formal written notification.
     As far as practicable all departments, institutions, and agencies of the State are hereby directed to budget and allocate appropriations as quarterly allocation so as to provide for operation on uniform standards throughout the fiscal year and in order to avoid an operating deficit for the fiscal year.  It should be recognized that academic year calendars of state institutions will affect the uniformity of the receipt and distribution of funds during the years.  The Comptroller General or the Office of State Budget shall make such reports to the Budget and Control Board as they deem advisable on any agency which is expending authorized appropriations at a rate which predicts or projects a general fund deficit for the agency.  The Budget and Control Board is authorized and directed to require any such agency, institutions or department to file a quarterly allocations plan and is further authorized to restrict the rate of expenditures of the agency, institution or department if the board determines that a deficit may occur.  It is the responsibility of any such agency to develop a plan, in consultation with the Budget and Control Board, that eliminates or reduces a deficit.  Should the Budget and Control Board make a finding that the cause of and likelihood of a deficit is unavoidable due to factors which are wholly outside of an agency's control, then the board may determine that the recognition of an agency deficit is appropriate and shall notify the General Assembly of such action or the presiding officer of the House and Senate if the General Assembly is not in session.  Upon receipt of such notification from the Budget and Control Board, the General Assembly may authorize supplemental appropriations from any surplus revenues which existed at the close of the previous fiscal year.  If the General Assembly fails to take action, then the finding of the Budget and Control Board shall stand, and the actual deficit at close of the fiscal year shall be reduced as necessary from surplus revenues or surplus funds available at the close of the fiscal year in which the deficit occurs and from funds available in the Capital Reserve Fund and General Reserve Fund, as required by the Constitution.  If the Budget and Control Board finds that the likelihood and cause of a deficit is the result of agency management, then the bond of state officials responsible for management of the agency involved shall be held liable therefor and the board shall notify the Agency Head Salary Commission of such finding.  In the case of a finding that a projected deficit is the result of the management of the agency, the Budget and Control Board shall take immediate steps to curtail agency expenditures in such a manner so as to bring expenditures in line with authorized appropriations and avoid a year end operating deficit.
     63.13.      (BCB: Compensation Increase - Appropriated Funds Ratio)  Appropriated funds may be used for compensation increases for classified and unclassified employees and agency heads only in the same ratio that the employee's base salary is paid from appropriated sources.
     63.14.      (BCB: Vacant Positions)  In the event that any permanent position in an agency remains vacant for more than twelve months the position may be deleted by the Budget and Control Board.
     63.15.      (BCB: Higher Education Salary Limit Exemption)  Notwithstanding the provisions of Section 8-11-165 of the Code of Laws of South Carolina, 1976, as amended, higher education technical colleges, colleges and universities shall be exempt from the requirement that the salaries of employees shall not exceed ninety-five percent of the midpoint of the agency head salary range or the agency head actual salary, whichever is greater.
     63.16.      (BCB: Carry Forward - Local Government Assistance)  The Budget and Control Board may carry forward from prior fiscal years to the current fiscal year funds appropriated for the purpose of providing financial assistance and for matching federal funds for financial assistance to local governments with water, wastewater, and sewer projects.  Of the Grant Funds appropriated for such purposes, $400,000 may be used for operating costs in order to enhance relevant technical assistance capabilities of the board.
     63.17.      (BCB: Carry Forward - State Water Pollution Control Revolving Fund)  If any funds accumulated by the Budget and Control Board from loan fees are not expended during the preceding fiscal years, such funds may be carried forward and expended for the costs associated with conducting the State Revolving Fund programs for wastewater or drinking water.
     63.18.      (BCB: State Water Pollution Control Revolving Fund)  In the event that any state funds remain after fully matching federal grants for the State Revolving Funds under the Clean Water Act or Safe Drinking Water Act, such funds may be deposited into the South Carolina Infrastructure Revolving Loan Fund established pursuant to Section 11-40-50.
     63.19.      (BCB: Carry Forward Calculation)  For purposes of calculating the amount of funds which may be carried forward by the Budget and Control Board, grant and loan program funds carried forward by the Office of Local Government shall be excluded from the calculation of the carry forward authorized by proviso 72.30.
     63.20.      (BCB: Mandatory Furlough)  Notwithstanding Section 8-11-195 of the 1976 Code, or any other provision of law, in a fiscal year in which the general funds appropriated for a state agency, institution, or department are less than the general funds appropriated for that state agency, institution, or department in Fiscal Year 2001-02, or whenever the General Assembly or the Budget and Control Board implements an across-the-board budget reduction, agency heads may institute employee furlough programs of not more than ten working days in the fiscal year in which the deficit is projected to occur.  The furlough must be inclusive of all employees in an agency or within a designated department or program regardless of source of funds or place of work.  The furlough must include all classified and unclassified employees in the designated area.  If the furlough includes the entire agency, the furlough must include the agency head.  Scheduling of furlough days, or portions of days, shall be at the discretion of the agency head, but under no circumstances should the agency close completely.  During this furlough, affected employees shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries.  As to those benefits that which require employer and employee contributions, including but not limited to contributions to the South Carolina Retirement System or the optional retirement program, the state agencies, institutions, and departments will be responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions.  Placement of an employee on furlough under this provision does not constitute a grievance or appeal under the State Employee Grievance Procedure Act.  In the event the reduction for the state agency, institution, or department is due solely to the General Assembly transferring or deleting a program, this provision does not apply.  The implementation of a furlough program authorized by this provision shall be on an agency-by-agency basis.  Agencies may allocate the employee's reduction in pay over the balance of the fiscal year for payroll purposes regardless of the pay period within which the furlough occurs.  The Budget and Control Board shall promulgate guidelines and policies, as necessary, to implement the provisions of this proviso.  State agencies shall report information regarding furloughs to the Office of Human Resources of the Budget and Control Board.
     63.21.      (BCB: Residential Group Care Facility Insurance Participation)  Notwithstanding Section 1-11-720(A)(11) of the 1976 Code, a residential group care facility, which provides on-site teaching for residents, is eligible to participate in the State Health and Dental Insurance Plan if the facility's employees are currently members of the South Carolina Retirement System or if it provides, at no cost, educational facilities on its grounds to the school district in which it is located.
     63.22.      (BCB: Local Provider Health Insurance)  The local health care providers of the Department of Disabilities and Special Needs shall be awarded funding increases as prescribed for state agencies to cover the employer's share for the cost of providing health and dental insurance to their employees.
     63.23.      (BCB: Health Plan Participation)  In addition to those entities allowed to participate in the state health and dental insurance plans pursuant to Section 1-11-720 (A) of the 1976 Code, federally qualified health centers are allowed to participate in the plan subject to the terms and conditions applicable to such participation in Section 1-11-720 of the 1976 Code.  Centers that elect to join the insurance program must sign an agreement binding them to all terms and conditions of Section 1-11-720(B).
     63.24.      (BCB: Technology and Other Initiatives)  The Budget and Control Board shall use $100,000 to support partnerships that further initiatives to align higher educational programs with the needs of technology-intensive industries.  Additionally, the board shall pay the annual dues for NCSL and CSG.
     63.25.      (BCB: Geodetic Mapping Program)  Funds appropriated or authorized to the Budget and Control Board as a Special Item for Mapping, shall be used for county boundary determination and resolution of the boundary between the states of South Carolina and North Carolina.
     63.26.      (BCB: Lottery & Infrastructure Bank Health Insurance)  South Carolina Lottery Commissioners and South Carolina Transportation Infrastructure Bank Board members and their eligible dependents are eligible to participate in the State Health and Dental Insurance Plan, upon paying the full premium costs as determined by the State Budget and Control Board.
     63.27.      (BCB: Adoption Assistance Program)  The Employee Adoption Assistance Program is established to provide grants to eligible employees to assist them with the direct costs of adoption.  The program shall be an employee benefit through the Employee Insurance Program(EIP) and shall be funded from the appropriation for the State Health Plan as provided in this Act.  Total funding for the Adoption Program shall not exceed $700,000 annually.  Employees are eligible for the Adoption Program if they participate in the EIP, have adopted a child during the prior fiscal year, apply for the grant during the annual application period, and meet any other Adoption Program criteria.  The application period shall be July 1 through September 30 of the current fiscal year for an adoption in the prior fiscal year.  The maximum grant amounts shall be $10,000 in the case of the adoption of a special needs child and $5,000 for all other child adoptions.  Should the total amount needed to fund grants at the maximum level exceed $700,000, the amount of a grant to an eligible employee shall be determined by dividing the $700,000 evenly among qualified program applicants, with the adoption of a special needs child qualifying for two times the benefit of a non-special needs child.
     63.28.      (BCB: MoneyPlus)  In order to lessen the effect of any potential increase in employee rates for the State Health Plan , the Budget and Control Board is directed to:  (a) develop an aggressive outreach program for the purpose of enrolling employees in the "MoneyPlus" flexible benefits program to assist employees in off-setting medical expenses.  The board upon request shall report to the Chairmen of the Senate Finance and House Ways and Means Committees the number of new enrollees to the program and the estimated savings to employees as a result of this effort ; and (b)  develop an aggressive outreach program for the purpose of educating members of the State Health Plan in programs that compliment the state health programs, and employee and plan costs with alternative revenue or funding sources.  The board is also authorized to use funds from the State Health Plan to match alternative revenue or funding sources.
     63.29.      (BCB: Military Service)  Notwithstanding the provisions of Section 8-11-610 of the 1976 Code, a permanent full-time state employee who serves on active duty as a result "Operation Enduring Freedom" or "Operation Noble Eagle," or in a unit federalized for duty in connection with potential or actual hostilities in Iraq, or any combination of these duties, and performs such duty may use up to forty-five days of accumulated annual leave and may use up to ninety days of accumulated sick leave in a calendar year as if it were annual leave.
     63.30.      (BCB: Antenna and Tower Placement)  Notwithstanding any other provision of law, all leases for antenna and tower operations within institutions of higher learning campuses must conform to the present and any future master plans for such property, as determined solely by the institution of higher learning.
     63.31.      (BCB: Military Service Leave)  Notwithstanding any other provision of law, a state employee in an FTE position who serves on active duty in a combat zone and who has exhausted all available leave for military purposes is entitled to receive up to thirty additional days of military leave in any one year.  Any one year means either a calendar year or, in the case of members required to perform active duty for training or other duties within or on a fiscal year basis, the fiscal year of the National Guard or reserve component issuing the orders.
     63.32.      (BCB: Employee Compensation)  The amounts appropriated to the Budget and Control Board for Employee Pay Increases must be allocated by the Board to the various state agencies to provide for employee pay increases in accordance with the following plan:
           1.      With respect to classified and non-judge judicial classified employees, effective on the first pay date that occurs on or after July 1 of the current fiscal year, the compensation of all classified employees shall be increased by 4% 3%.
           2.      With respect to unclassified and non-judge judicial unclassified employees or unclassified executive compensation system employees not elsewhere covered in this Act, effective on the first pay date that occurs on or after July 1 of the current fiscal year each agency is authorized to allot the total funds for compensation increases among individual employees without uniformity.  The funds provided for compensation increases for any employees subject to the provisions of this paragraph are based on an average 4% 3% increase.  All of the salaries are subject to the provisions of Section 72.19 of Part IB of this Act and Office of Human Resources' approval must be obtained before any employees subject to the provisions of this paragraph may be granted an annual pay increase in excess of the guidelines established by the Budget and Control Board.  Any employee subject to the provisions of this paragraph shall not be eligible for compensation increases provided in paragraphs 1, 3, 4, 5, 6, or 7.
           3.      With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary Commission shall recommend to the Budget and Control Board salary increases for agency heads.  Agency head increases shall be effective on the first pay date that occurs on or after January 1 of the current fiscal year.  No agency head shall be paid less than the minimum of the pay increase range nor receive a salary increase that would have the effect of raising the salary above the maximum of the pay range.
           4.      Effective on the first pay date that occurs on or after July 1 of the current fiscal year, agency heads not covered by the Agency Head Salary Commission, shall receive an annualized base pay increase of 4% 3%.
           5.      With respect to local health care providers and school bus drivers, compensation increases shall be 4% 3% effective on the first pay date that occurs on or after July 1 of the current fiscal year.  With respect to Area Agencies on Aging funded by the Lieutenant Governor's Office on Aging, compensation shall be increased by 4% 3% effective on the first pay date that occurs on or after July 1 of the current fiscal year.  With respect to local councils on aging or local providers of services funded by the Lieutenant Governor's Office on Aging through Area Agencies on Aging, no pay increases will be allowed.  School Bus Driver salary and fringe funding to school districts shall be increased by 3%.
           6.      Effective on the first pay date that occurs on or after July 1 of the current fiscal year, the Chief Justice and other judicial officers shall receive an annualized base pay increase of 4% 3%.
           7.      Effective on the first pay date that occurs on or after July 1 of the current fiscal year, county auditors and county treasurers shall receive an annualized base pay increase of 4% 3%.
     The Budget and Control Board shall allocate associated compensation increases for retirement employer contributions based on the retirement rate of the retirement system in which individual employees participate.
     The Executive Director of the Budget and Control Board is authorized to use excess appropriations for the current fiscal year, as determined by the Director of the Office of State Budget, designated for statewide employer contributions for other statewide purposes.  At the discretion of the Executive Director of the Budget and Control Board, such action may be considered a permanent transfer into the receiving agency's base budget.
     Funds appropriated in F30, Section 63B, Budget and Control Board, Employee Benefits may be carried forward from the prior fiscal year into the current fiscal year.
     63.33.      (BCB: Lawsuit Funding)  The Executive Director shall pay from the Insurance Reserve Fund the defense costs of the State, which are incurred in the current fiscal year, in the Abbeville school funding litigation.  The appropriate official from the House of Representatives and the Senate must certify to the Executive Director on a monthly basis the costs incurred in defense of this litigation.  Upon receipt of the certification, the Executive Director shall pay the provider of these services the amount certified.
     63.34.      (BCB: Sale of Surplus Real Property)  Up to 50% of the proceeds, net of selling expenses, from the sale of surplus real properties shall be retained by the Budget and Control Board and used for the deferred maintenance of state-owned buildings.  The remaining 50% of the net proceeds shall be returned to the agency that the property is owned by, under the control of, or assigned to and shall be used by that agency for non-recurring purposes.  The Executive Director of the Budget and Control Board may use up to $1,200,000 of funds retained by the board pursuant to this provision for technology enhancements.  This provision applies to all state agencies and departments except:  institutions of higher learning; the Public Service Authority; the Ports Authority; the MUSC Hospital Authority; the Myrtle Beach Air Force Redevelopment Authority; the Department of Transportation; the Columbia State Farmers Market; the Department of Agriculture's Columbia Metrology Lab building and property; property pursuant to Paragraph 26.9 of this Act; and the Charleston Naval Complex Redevelopment Authority, and the Educational Television Commission's Key Road property.
     The Educational Television Commission shall be authorized to retain the net proceeds from the sale of its property on Key Road, and such proceeds can only be used for the renovation of the ETV Telecommunications Center.  If it is determined that sufficient funds are not available to complete the renovation of the Telecommunications Center, the property will not be sold.
     The Forestry Commission shall be authorized to retain the net proceeds from the sale of tracts of land containing a total of twenty acres or less in Bamberg and Orangeburg Counties.  Receipts generated by the sale of these tracts shall be utilized for the agency's capital improvement and/or facility maintenance program.  The commission may sell these tracts of land at or above fair market value as determined by independent appraisal.
     All South Carolina State Hospital property under the control of or assigned to the Department of Mental Health by the department that is not in use may be sold or leased in accordance with the provisions of this paragraph.  In selling or leasing this property the department shall comply with those procedures required by law for other state owned real property.
     There is created a restricted account, separate and distinct from the general fund, for the sole purpose of providing funds to the department for the purposes set forth below.  The proceeds received from the department's sale or lease of real property pursuant to the preceding paragraph, less the 7.5 million dollars from this sale or lease credited to the Autism Early Intervention Fund provided in Section 11, Part IB of this act, must be deposited in this account.
     The interest and principal from these proceeds must be used as provided in the general appropriations act for the specific purposes of supporting adult long-term care, acute care, and forensic services but must not be used for daily operations.
     The department must not submit a budget that proposes to use funds derived from the sale or lease of South Carolina State Hospital property under the control of or assigned to the department to supplant its current level of appropriated funding.
     The department shall submit a quarterly report, not later than thirty days after the end of each calendar quarter, to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee, identifying the programs funded, the number of persons served, and the expenditures for the programs.  The quarterly report also must include information on the number of persons and the duration of stays for persons held in hospital emergency rooms and local jails when a program is unable to serve the person.
     This provision is comprehensive and supersedes any conflicting provisions concerning disposition of state owned real property whether in permanent law, temporary law or by provision elsewhere in this Act.
     Any unused portion of these funds may be carried forward into succeeding fiscal years and used for the same purposes.
     63.35.      (BCB: Election File Merge)  In order to assist the County Registration and Election Commissions to ensure that registered voters are assigned to proper election districts, the Office of Research and Statistics, in conjunction with the SC Election Commission, shall merge the voter registration file with the office's Geocoded Address List and the district boundaries of the Congress, SC Senate, SC House of Representatives, county councils, city councils, school districts and commissions of public works.  The merged systems will allow the Office of Research and Statistics to provide the respective county officials with a list of potential voters who are possibly assigned to the wrong election district.
     63.36.      (BCB: Competitive Grants)  Of the funds appropriated to the Budget and Control Board, $3,000,000 must be set aside for a competitive grants program.  These funds may be released to local subdivisions or nonprofit organizations only upon the approval of the Grants Committee of the Budget and Control Board.  The board is prohibited from transferring these funds to other programs.  In addition, the board may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee.
     63.37.      (BCB: Deductible Waiver Prohibition)  In order to prevent non-compliance with federal laws pertaining to health care savings accounts, a state sponsored health care entity may not waive the deductible or co-insurance for any employee enrolled in the State Health Plan Savings Plan.  This provision is comprehensive and supersedes any conflicting provisions whether in permanent law, temporary law or by provision elsewhere in this Act.
     63.38.      (BCB: National Guard Pension Fund)  Notwithstanding the provisions of Section 25-1-3240 or the provisions of Article 23 of Title 25 of the 1976 Code, the National Guard Pension Fund must be administered by the S. C. State Retirement Systems.  All costs associated with the administration of the fund, including necessary staff support, must be paid from appropriations by the General Assembly.  This provision shall take effect on January 1, 2006.  The South Carolina Retirement Systems is authorized to expend funds appropriated in the Fiscal Year 2005-06 Appropriation Act and the Fiscal Year 2004-05 Capital Reserve Fund to fund transition costs to transfer the National Guard Pension Fund to the South Carolina Retirement Systems from the Adjutant General and to pay administrative costs with respect to the National Guard Pension Fund or a successor pension plan during this fiscal year.
     63.39.      (BCB: Grants Review Committee)  On and after January 1, 2006, there is created within the Budget and Control Board the Grants Review Committee for the purpose of awarding grants to counties and municipalities.  The committee shall consist of five members with one member appointed by each of the following officials:  the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Chairman of the Finance Committee of the Senate, and the Chairman of the Ways and Means Committee of the House of Representatives.  The officials may make initial appointments to the committee and the committee members may organize prior to January 1, 2006.  Members shall serve two-year terms coterminous with the appointing official.  The committee must adopt rules of procedure and elect a chairman from the membership of the committee.
     The committee must meet at least twice annually to review applications for grants submitted by counties and municipalities.  All applications must conform to and all grants must be awarded pursuant to criteria established by the committee.  Grants must be awarded in amounts determined by the committee from funds appropriated by the General Assembly.  Staff for the committee must be provided by the Budget and Control Board.
     Applications for grants of one hundred thousand dollars or less must be processed administratively by the staff pursuant to criteria established by the committee.  Applications for grants to exceed one hundred thousand dollars must be reviewed for approval by the committee.
     63.40.      (BCB: South Carolina 911 Advisory Committee)  The CMRS Emergency Telephone Advisory Committee established pursuant to Section 23-47-65 of the 1976 Code and which terminated after August 1, 2004, is reestablished for the current fiscal year as it was established in Section 23-47-65.  The powers of that committee which were devolved on the State Budget and Control Board are redevolved in the reestablished committee.  However, this reestablished committee is renamed the South Carolina 911 Advisory Committee and the ex officio membership of the State Auditor is replaced by a State Budget and Control Board Division Director appointed by the Governor, who shall serve ex officio.  Also, the member who is an employee of a telephone service supplier must be replaced by an employee of a local exchange access facility service supplier licensed to do business in this State.
     63.41.      (BCB: Retiree Health Funding Study)  There shall be established a special committee to study the State's obligation for Other Post-Employment Benefits (OPEB).  This study shall address current funding and potential pre-funding of retiree health insurance, eligibility standards for retiree insurance, funding sources for retiree insurance, reporting requirements for retiree insurance funding obligations, and the experience of other jurisdictions in addressing retiree insurance obligations.  The Governor, State Treasurer, Comptroller General, Senate President Pro Tempore, Speaker of the House of Representatives, Chairman of the Senate Finance Committee, and Chairman of the House Ways & Means Committee shall each appoint one member to the committee.  The Budget & Control Board shall provide staff support to the committee, including actuarial support.  The special committee members shall serve without compensation.  The committee shall report its findings to the Governor and to the General Assembly by January 15, 2007.
     63.42.      (BCB: State Accident Fund Privatization)  The Budget and Control Board is directed to seek competitive proposals for privatization of the State Accident Fund.  A report outlining the private-sector proposals received and their potential for providing enhanced value to the state shall be submitted to the General Assembly and the Governor by February 15, 2007.
     63.43.      (BCB: Anderson County Veteran's Cemetery)  The Budget and Control Board may make funds and positions appropriated to it for a veteran's cemetery available to the appropriate governmental entity for that entity's use for the operation of the state veterans' cemetery in Anderson County.  Unexpended funds from a prior year's appropriation for a veteran's cemetery may be carried forward into the current fiscal year and expended for any funding requirement within a Budget and Control Board proviso.
     63.44.      (BCB: Transition Assistance)  The Budget and Control Board shall provide transition services to constitutional officers who are elected during Fiscal Year 2006-07.  These transition services may include, but are not limited to, office space, communication services, and administrative support until the constitutional officer assumes office.  These services shall not be available to incumbent constitutional officers re-elected during fiscal year 2006-2007.  All support provided shall be at the discretion of the Executive Director of the Budget and Control Board.
     63.45.      (BCB: Newberry Co. Sheriff's Office)  The Budget and Control Board shall transfer $100,000 to the Newberry County Sheriff's Office for public safety enhancements.
     63.46.      (BCB: National Guard Pension Eligibility)  A person who becomes a member of the National Guard after June 30, 1993, if otherwise eligible, may receive a National Guard pension authorized by Chapter 10 of Title 9.  The provisions of this paragraph apply to National Guard pension benefits payable on or after January 1, 2007.

SECTION 63A - F27 - BUDGET AND CONTROL BOARD, STATE AUDITOR'S OFFICE

     63A.1.      (BCB/AUD: Audit Timeframes)  Notwithstanding any other provision of law, the State Auditor may examine less often than annually agencies, departments, commissions and divisions provided that every such agency, department, commission, or division shall be examined no less often than every third year.
     63A.2.      (BCB/AUD: Contracts for State Audits)  In the event qualified personnel cannot be hired during the current fiscal year, any unused personal service funds in Subsection 63A, may be used to contract private firms to perform audits as prescribed by the State Auditor.
     63A.3.      (BCB/AUD: Annual Financial Report)  Each state agency shall remit to the State Auditor an amount representing an equitable portion of the expense of contracting with a nationally recognized CPA firm to conduct a portion of the audit of the State's Comprehensive Annual Financial Report prepared by the Comptroller General's Office.  Each state agency's equitable portion of the expense will be determined by a schedule developed by the State Auditor.  Such remittance will be based upon invoices provided by the State Auditor upon completion of the annual audit.  The audit shall be re-bid no less often than every five years.

SECTION 63B - F30 - BUDGET AND CONTROL BOARD, EMPLOYEE BENEFITS

     63B.1.      (BCB/EB: 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.
     63B.2.      (BCB/EB: Funding Abortions Prohibited)  No funds appropriated for employer contributions to the State Health Insurance Plan may be expended to reimburse the expenses of an abortion, except in cases of rape, incest or where the life of the mother is in jeopardy, and the State Health Plan may not offer coverage for abortion services.
     63B.3.      (BCB/EB: Exempt National Guard Pension Fund)  In the calculation of any across-the-board cut mandated by the Budget and Control Board or General Assembly, the amount of the appropriation for the National Guard Pension Fund shall be excluded.
     63B.4.      (BCB-EB: Employee Mileage Reimbursement)  The amount appropriated for employee mileage reimbursement must be allocated to state agencies by the Budget and Control Board's Office of State Budget in the same proportion as the agencies' general fund expenditures for mileage reimbursement in the prior fiscal year.

SECTION 63C - F31 - BUDGET AND CONTROL BOARD, CAPITAL AND GENERAL RESERVE FUNDS

     63C.1.      (BCB/CRF-GRF: General Reserve Fund Transfer)  The State Treasurer's Office is authorized to transfer $50,000,000 of general funds to the General Reserve Fund on July 1, 2005, to comply with Article III, Section 36 of the S. C. Constitution.  The budgetary treatment of this transfer must be subtracted from total general fund revenues before applying a percentage in calculations of any spending formulas based on a percentage of general fund revenues.

SECTION 64 - R44 - DEPARTMENT OF REVENUE

     64.1.      (DOR: Subpoenaed Employee Expense Reimbursement)  If any employee of the Department of Revenue is subpoenaed to testify during litigation not involving the Department of Revenue, the party subpoenaing the employee(s) to testify shall reimburse the State for expenses incurred by the employee(s) requested to testify.  Expenses shall include but are not limited to the cost of materials and the average daily salary of the employee or employees.
     64.2.      (DOR: Court Order Funds Carry Forward)  Funds awarded to the Department of Revenue by court order shall be retained in a special account and shall be carried forward from year to year, and expended as needed to accomplish the purposes and conditions of said order if specified, and if not specified, as may be directed by the Director of the Department of Revenue.
     64.3.      (DOR: Training)  The Department of Revenue may charge participants a fee to cover the cost of education and training programs.  The revenue generated may be applied to the cost of the related operation, and any unexpended balance may be carried forward to subsequent fiscal periods and utilized for the same purpose.
     64.4.      (DOR: Tax Education Program)  Pursuant to taxpayer educational activities stipulated and authorized by SC Code Section 12-58-40, the Department of Revenue may charge participants a fee to recover the related direct costs.  The revenue generated from this may be applied to said cost, and any unexpended balance may be carried forward to subsequent fiscal periods and used for the stated purpose.
     64.5.      (DOR: Enforcement-Confiscated Alcoholic Beverage Revenue)  The Department of Revenue is directed to maintain adequate records accounting for the receipt of funds from the sale of confiscated alcoholic beverages.  Such revenue shall be deposited to the credit of the General Fund of the State after deducting the cost of confiscation and sale.
     64.6.      (DOR: Federal Refund Offset Program)  The department may incur and pay the expense of the fee required at Internal Revenue Code 6402(e)(6), as may be required to effectuate the Federal Refund Offset Program, and this fee must be paid upon certificate of the department by drawing upon funds from the same tax type set off.
     64.7.      (DOR: Administrative Fees)  The Department of Revenue may impose a sixty dollar fee for the issuance of each certificate of compliance.  A thirty-five dollar fee for each informal nonbinding letter concerning eligibility for infrastructure credits against the license tax shall be imposed.  These fees must be retained and expended for use in budgeted operations.
     64.8.      (DOR: Tax Amnesty)  The General Assembly finds that the State's cost of collecting overdue tax debts exceeds twenty percent (20%) of the debts.  The General Assembly finds that the cost of collecting overdue tax debts is currently borne by taxpayers who pay their taxes on time.  It is the intent of the General Assembly that this cost be borne by the delinquent taxpayers who owe overdue tax debts.
           (A)      (1)      "Overdue tax debt" means any part of a tax debt that remains unpaid 120 days or more after first notice.
                 (2)      "Tax debt" means the total amount of tax, fees, penalties, interest, and costs for which notice has been issued by the department to a taxpayer.
                 (3)      "Notice" means a notice of proposed assessment or notice of assessment issued by the department to the taxpayer.
           (B)      A collection assistance fee may be imposed on an overdue tax debt.  To impose a collection assistance fee on a tax debt, the department must notify the taxpayer that the collection assistance fee may be imposed if the tax debt becomes overdue tax debt.
           (C)      The collection assistance fee is collectible as part of the debt.  The department may waive the fee to the same extent as if it were a penalty.
           (D)      The amount of the collection assistance fee is twenty percent (20%) of the amount of the overdue tax.
           (E)      The proceeds of the collection assistance fee must be credited to a special account within the department, and must be used to fund the South Carolina Business One Stop (SCBOS) program within the department.  Any excess proceeds of the collection assistance fee above the amount required to fund the SCBOS program must be credited to the department to be retained and expended for use in budgeted operations.
           (F)      The department is authorized to bring suits in the courts of other states to collect taxes legally due this State.  The officials of other states are empowered to sue for the collection of taxes in the courts of this State.  Whenever the department considers it expedient to employ local counsel to assist in bringing suit in an out-of-state court, the department may employ such local counsel.
           (G)      Collection agencies with which the department contracts under Sections 12-4-340 and 12-54-227 are also authorized to collect on behalf of the department overdue tax debts and the collection fee imposed by this chapter.
           (H)      Except when the context clearly indicates a different meaning, the definitions in Section 12-60-30 apply to these provisions.
           (I)      The collection assistance fee is effective for all tax debts incurred before December 1, 2002, which remain outstanding on December 1, 2002, and all tax debts incurred after December 1, 2002.
     64.9.      (DOR: Installment Agreements)  To defray administrative expenses, the department is authorized to impose a forty-five dollar fee for entering into installment agreements for the payment of tax liabilities.  The fee shall be retained and expended for use in budgeted operations.
     64.10.      (DOR: Data Warehousing)  The Department of Revenue is authorized to contract with private industry to establish data mining and data warehousing capabilities within the department, to enhance compliance and collections.  Such arrangements may include payment from the increased revenue generated by such capabilities.  The department shall be allowed reimbursement of costs associated with administration of this proviso from the data warehouse generated collections.  This amount may be retained and expended for budgeted operations.
     64.11.      (DOR: Temporary Permits)  Temporary permits issued by the Department of Revenue pursuant to Section 61-6-2010 may be issued in all parts of a municipality when any part of the municipality has been approved for the issuance of such permits.
     64.12.      (DOR: Bankruptcy) The department may retain and expend in budgeted operations the first $150,000 from its bankruptcy operations to defray its administrative costs to include staff.  The remaining revenue collected shall be remitted to the general fund.
     64.13.      (DOR: Free Medical Clinic)  Prescription and over-the-counter medicines and medical supplies, including diabetic supplies, diabetic diagnostic equipment, and diabetic testing equipment sold to a health care clinic that provides medical and dental care without charge to all patients shall be exempt from sales tax.
     64.14.      (DOR: Military Quarterly Filing Relief)  No interest, penalties, or other sanctions may be imposed on the active duty income of members of the National Guard and Reserves activated as a result of the conflict in Iraq and the war on terrorism with regard to payment of state estimated quarterly individual income tax payments of the active duty income if the federal government is unable to properly withhold State of South Carolina income taxes due on their active duty pay.
     64.15.      (DOR: Voluntary Tax Contribution-K-12)  A taxpayer who wishes to make a contribution toward K-12 public education in this State may do so by designating an additional amount to be paid with his income tax return in the manner provided below.  The contribution may be made by reducing the taxpayer's income tax refund or by remitting an additional payment in the amount designated.  All South Carolina individual income tax return forms must contain a designation for the above contributions.  The instructions accompanying the income tax form must contain a description of the purposes for which the funds were established and the use of monies from the income tax contribution.  The Department of Revenue shall transfer the amounts received for this purpose to the Department of Education for use in K-12 public education in the manner the General Assembly shall provide by law.
     The Department of Revenue by regulation shall implement this provision.  For purposes of this provision, the Department of Revenue is not subject to provisions of the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33.
     64.16.      (DOR: Voluntary Tax Contribution For PRT) A taxpayer who wishes to make a contribution toward South Carolina State Parks may do so by designating an additional amount to be paid with his income tax return in the manner provided below.  The contribution may be made by reducing the taxpayer's income tax refund or by remitting an additional payment in the amount designated.  All South Carolina individual income tax return forms must contain a designation for the above contribution.  The instructions accompanying the income tax form must contain a description of the purpose for which the funds were established and the use of monies for the income tax contribution.  The Department of Revenue shall transfer the amount received for this purpose to the South Carolina Department of Parks, Recreation and Tourism for use in the South Carolina State Park Service in the manner the General Assembly shall provide by law.
     The Department of Revenue by regulation shall implement this provision.  For purpose of this provision, the South Carolina Department of Revenue is not subject to provisions of the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33.
     64.17.      (DOR: Audit)  The department shall use available personnel to conduct audits involving all taxes to help promote voluntary compliance and to collect dollars for the general fund and designated accounts.
     64.18.      (DOR: DARE Check-Off)  The Department of Revenue shall amend the state individual income tax return form by removing the designation that signifies a contribution to the Drug Awareness Resistance Education (DARE) Fund.
     64.19.      (DOR: First Steps Check-Off)  The Department of Revenue shall amend the state individual income tax return form by specifying that the designation that signifies a contribution to First Steps shall be used specifically for children's services from ages 0 to 4.
     64.20.      (DOR: Rural Infrastructure Fund Transfer)  Notwithstanding Section 12-10-85, the Department of Revenue is authorized to deposit revenues from the Rural Infrastructure Fund in excess of $12 million dollars to the Rural Infrastructure Bank Trust Fund under the Budget and Control Board, Office of Local Government.  Any revenues in excess of $17 million shall be deposited in the Rural Infrastructure Fund under the Department of Commerce, Coordinating Council.

SECTION 65 - R52 - STATE ETHICS COMMISSION

     65.1.      (SEC: Training Charges)  The State Ethics Commission may charge a ten dollar fee to partially offset the cost of providing ethics education and training programs, to include costs associated with travel, i.e. mileage, lodging and meals, as well as costs associated with handouts and other training materials.
     65.2.      (SEC: Enforcement Administrative Charges)  The State Ethics Commission may levy an enforcement/administrative fee to all individuals who are found in violation, or who admit to violations, of The Ethics, Government Accountability and Campaign Reform Act of 1991 to reimburse the Commission for costs associated with the investigation of and hearings into those violations.  The costs associated include: the investigator's time, mileage, meals and lodging; the prosecutor's time; the hearing panel's travel, per diem, and meals; administrative time; subpoena costs to include witness fees and mileage; and miscellaneous costs such as postage and supplies.  This fee is in addition to any and all fines as otherwise provided by law.
     65.3.      (SEC: Retention of Revenue From Fees)  The Ethics Commission is authorized to retain any funds derived from additional assessments associated with late filing fees to offset the costs of administering and enforcing the Ethics, Government Accountability, and Campaign Reform Act.  The commission shall be authorized to carry forward unexpended funds into the current fiscal year for the same purpose.
     65.4.      (SEC: Carry Forward Lobbying Fees)  The State Ethics Commission is authorized to carry forward unexpended lobbyists and lobbyist's principal registration fees into the current fiscal year and to use these funds for the same purpose.

SECTION 66 - S60 - PROCUREMENT REVIEW PANEL

     66.1.      (PRP: Filing Fee)  Requests for administrative review before the South Carolina Procurement Review Panel shall be accompanied by a filing fee of two hundred and fifty dollars ($250.00), payable to the SC Procurement Review Panel.  The panel is authorized to charge the party requesting an administrative review under the South Carolina Code Sections 11-35-4210(6), 11-35-4220(5), 11-35-4230(6) and/or 11-35-4410(4).  The funds generated by the filing fee shall be retained by the panel and carried forward to be used for the operation of the panel.  Withdrawal of an appeal will result in the filing fee being forfeited to the panel.  If a party desiring to file an appeal is unable to pay the filing fee because of hardship, the party shall submit a notarized affidavit to such effect.  If after reviewing the affidavit the panel determines that such hardship exists, the filing fee shall be waived.
SECTION 69A - X12 - AID TO SUBDIVISIONS, COMPTROLLER GENERAL

     69A.1.      (AS-CG: Salary Supplements)  The amounts appropriated in Part IA, Section 69A, for Aid Cnty-Clerks of Court, Aid Cnty-Probate Judges, Aid Cnty-Coroners, and Aid Cnty-Sheriffs shall be distributed by the Comptroller General to each county treasurer equally, and shall be used as a salary supplement for each clerk of court, probate judge, county coroner, and county sheriff.  The amounts appropriated in Part IA, Section 69A, for Aid Cnty-Register of Deeds, shall be equally distributed by the Comptroller General to the appropriate county treasurer, and shall be used as a salary supplement for registers of deeds.  The amount appropriated in Part IA, Section 69A, for Aid Cnty-Auditors and Aid Cnty-Treasurers, shall be equally distributed to each county auditor and county treasurer as a salary supplement in addition to any amounts presently being provided by the county for these positions.  It is the intent of the General Assembly that the amount appropriated by the county as salaries for these positions shall not be reduced as a result of the appropriation and that such appropriation shall not disqualify each county auditor and each county treasurer for salary increases that they might otherwise receive from county funds in the future.  The salary supplement for each county auditor and county treasurer shall be paid in accordance with the schedule and method of payment established for state employees.
     69A.2.      (AS-CG: Property Tax Relief Reimbursement)  The amount to be deducted from state individual and corporate income tax revenues and credited to the Trust Fund for Tax Relief to fund the reimbursement required by Section 12-37-251, is suspended to the extent that the amount to be deducted would exceed the amount deducted in the prior fiscal year.
     69A.3.      (AS-CG: Legislative Delegations)  In the current fiscal year, a county government must fund its legislative delegation budget as approved by the delegation for FY 2003-04, as authorized by law.  If a county council does not meet that funding level, the amount of the shortfall must be deducted from the responsible county's Aid to Subdivisions allocation and forwarded to the legislation delegation of the county.  Additionally, the responsible county's remaining Aid to Subdivisions allotment must be reduced by twenty-five percent of the shortfall amount, which sum must be forwarded to the legislative delegation to be used for its administrative costs.

SECTION 69B - X22 - AID TO SUBDIVISIONS, STATE TREASURER

     69B.1.      (AS-TREAS: Veterans' Affairs-Aid to Counties) In the allocation of the appropriation in Part IA, Section 69B, as adjusted for "Aid to County Veteran Offices," each county shall receive an effective annual amount equal to 100% of the amount allocated to it for the prior fiscal year plus an amount equivalent to base pay increases for state employees, less any adjustments made for budget reductions.  This allocation shall be distributed on a quarterly basis to the County Treasurer who will handle and distribute these monies for the sole benefit and use of the County Veterans' Affairs Offices.

SECTION 72 - X90 - GENERAL PROVISIONS

     72.1.      (GP: Revenues, Deposits Credited to General Fund)  For the current fiscal year, except as hereinafter specifically provided, all general state revenues derived from taxation, licenses, fees, or from any other source whatsoever, and all institutional and departmental revenues or collections, including income from taxes, licenses, fees, the sale of commodities and services, and income derived from any other departmental or institutional source of activity, must be remitted to the State Treasurer at least once each week, when practical, and must be credited, unless otherwise directed by law, to the General Fund of the State.  Each institution, department or agency, in remitting such income to the State Treasurer, shall attach with each such remittance a report or statement, showing in detail the sources itemized according to standard budget classification from which such income was derived, and shall, at the same time, forward a copy of such report or statement to the Comptroller General and the State Budget and Control Board.  In order to facilitate the immediate deposit of collections, refunds of such collections by state institutions where properly approved by the authorities of same, may be made in accordance with directions from the State Comptroller General and State Treasurer.  General fund appropriations herein made for the support of the public school system of the State must be greater than or equal to the revenues derived from the General Retail Sales Tax, the Soft Drinks Tax, and the state's portion of the Alcoholic Liquors Tax and Cable Television Fees as forecasted in the general fund revenue estimate of the Board of Economic Advisors as accounted for in Section 71 of this act.  Appropriations in this act for the support of the public school system shall include the following:
           Department of Education;
           State Board for Technical and Comprehensive Education;
           Educational Television Commission;
           Wil Lou Gray Opportunity School;
           School for the Deaf and the Blind;
           John de la Howe School;
           Debt Service on Capital Improvement Bonds Applicable to
           Above Agencies;
           Debt Service on School Bonds;
           Other School Purposes.
     Nothing contained herein shall be construed as diminishing the educational funding requirements of this section.
     72.2.      (GP: Appropriations From Funds)  Subject to the terms and conditions of this act, the sums of money set forth in this part, if so much is necessary, are appropriated from the General Fund of the State, the Education Improvement Act Fund, the Highways and Public Transportation Fund, and other applicable funds, to meet the ordinary expenses of the state government for Fiscal Year 2005-06 2006-07, and for other purposes specifically designated.
     72.3.      (GP: Fiscal Year Definitions)  For purposes of the appropriations made by this part, "current fiscal year" means the fiscal year beginning July 1, 2005 2006, and ending June 30, 2006 2007, and "prior fiscal year" means the fiscal year beginning July 1, 2004 2005, and ending June 30, 2005 2006.
     72.4.      (GP: Descriptive Proviso Titles)  Descriptive proviso titles listed in this act are for purposes of identification only and are not to be considered part of the official text.
     72.5.      (GP: Judicial & Involuntary Commitment, Defense of Indigents)  It is the responsibility of all agencies, departments and institutions of state government, to provide at no cost and as a part of the regular services of the agency, department or institutions such services as are necessary to carry out the provisions of Chapter 52 of Title 44 (Involuntary Commitment), Article 7, Chapter 17 of Title 44 of the 1976 Code (Judicial Commitment), Chapter 3 of Title 17 of the 1976 Code (Defense of Indigents), and Article 1 of Chapter 3 of Title 16 of the 1976 Code (Death Penalty), as amended, upon request of the Judicial Department and/or the appropriate court.  To this end, state agencies are directed to furnish to the Judicial Department a list of their employees who are competent to serve as court examiners. The Judicial Department shall forward a copy of this list to the appropriate courts, and the courts shall utilize the services of such state employees whenever feasible.  State employees shall receive no additional compensation for performing such services.  For the purpose of interpreting this section, employees of the Medical University of South Carolina and individuals serving an internship or residency as an academic requirement or employees who are not full-time state employees and who are not performing duties as state employees are not considered state employees.
     72.6.      (GP: Case Service Billing Payments Prior Year)  Notwithstanding any other provision of law, agencies appropriated case services funds who routinely receive prior year case service billings after the old fiscal year has been officially closed are authorized to pay these case service obligations with current funds.  This authorization does not apply to billings on hand that have been through a timely agency payment approval process when the old fiscal year closes.
     72.7.      (GP: Federal Program Expenses, Lag Time)  After July 1, of the current fiscal year, the Department of Health and Environmental Control, Department of Mental Health, Department of Disabilities & Special Needs, Department of Social Services, Department of Health and Human Services, Division on Aging, Division of Foster Care, Department of Corrections, and Department of Juvenile Justice may expend if necessary, state appropriated funds for the current fiscal year to cover fourth quarter federal programs expenses incurred in the prior fiscal year necessitated by the time lag of federal reimbursement.
     72.8.      (GP: Fee Increases)  (A)  No state agency, department, board, committee, commission, or authority, may increase an existing fee for performing any duty, responsibility, or function unless the fee for performing the particular duty, responsibility, or function is authorized by statutory law and set by regulation except as provided in this paragraph.
           (B)      This paragraph does not apply to:
                 (1)      state-supported governmental health care facilities;
                 (2)      state-supported schools, colleges, and universities;
                 (3)      educational, entertainment, recreational, cultural, and training programs;
                 (4)      the State Board of Financial Institutions;
                 (5)      sales by state agencies of goods or tangible products produced for or by these agencies;
                 (6)      charges by state agencies for room and board provided on state-owned property;
                 (7)      application fees for recreational activities sponsored by state agencies and conducted on a draw or lottery basis;
                 (8)      court fees or fines levied in a judicial or adjudicatory proceeding;
                 (9)      the South Carolina Public Service Authority or the South Carolina Ports Authority.
           (C)      This paragraph does not prohibit a state agency, department, board, committee, or commission from increasing fees for services provided to other state agencies, departments, boards, committees, commissions, political subdivisions, or fees for health care and laboratory services regardless of whether the fee is set by statute.
           (D)      Statutory law for purposes of this paragraph does not include regulations promulgated pursuant to the State Administrative Procedures Act.
     72.9.      (GP: State Institutions - Revenues & Income)  The University of South Carolina, Clemson University, the Medical University of S. C. (including the Medical University Hospital), The Citadel, Winthrop University, S. C. State University, Francis Marion University, University of Charleston, Lander University, Coastal Carolina University, and the Wil Lou Gray Opportunity School shall remit all revenues and income, collected at the respective institutions, to the State Treasurer according to the terms of Section 72.1 of this act, but all such revenues or income so collected, except fees received as regular term tuition, matriculation, and registration, shall be carried in a special continuing account by the State Treasurer, to the credit of the respective institutions, and may be requisitioned by said institutions, in the manner prescribed in Section 11-3-185 of the 1976 Code, and expended to fulfill the purpose for which such fees or income were levied, but no part of such income shall be used for permanent improvements without the express written approval of the State Budget and Control Board and the Joint Legislative Capital Bond Review Committee; and it is further required that no such fee or income shall be charged in excess of the amount that is necessary to supply the service, or fulfill the purpose for which such fee or income was charged.  Notwithstanding other provisions of this act, funds at state institutions of higher learning derived wholly from athletic or other student contests, from the activities of student organizations, and from the operations of canteens and bookstores, and from approved Private Practice plans at institutions and affiliated agencies may be retained at the institution and expended by the respective institutions only in accord with policies established by the institution's Board of Trustees. Such funds shall be audited annually by the State but the provisions of this act concerning unclassified personnel compensation, travel, equipment purchases and other purchasing regulations shall not apply to the use of these funds.
     72.10.      (GP: Transfers of Appropriations)  Agencies and institutions shall be authorized to transfer appropriations within programs and within the agency with notification to the Division of Budget and Analyses and Comptroller General.  No such transfer may exceed twenty percent of the program budget.  Upon request, details of such transfers may be provided to members of the General Assembly on an agency by agency basis.  Transfers of appropriations from personal service accounts to other operating accounts or from other operating accounts to personal service accounts may be restricted to any established standard level set by the Budget and Control Board upon formal approval by a majority of the members of the Budget and Control Board.
     72.11.      (GP: Federal Funds - DHEC, DSS, DHHS - Disallowances)  Amounts appropriated to the Department of Health and Environmental Control, Department of Social Services and Department of Health and Human Services may be expended to cover program operations of prior fiscal years where adjustment of such prior years are necessary under federal regulations or audit exceptions.  All disallowances or notices of disallowances by any federal agency of any costs claimed by these agencies shall be submitted to the State Auditor, the Senate Finance Committee and the House Ways and Means Committee, within five days of receipt of such actions.
     72.12.      (GP: Fixed Student Fees)  During the current fiscal year, student fees at the state institutions of higher learning shall be fixed by the respective Boards of Trustees as follows:
           (1)      Fees applicable to student housing, dining halls, student health service, parking facility, laundries and all other personal subsistence expenses shall be sufficient to fully cover the total direct operating and capital expenses of providing such facilities and services over their expected useful life except those operating or capital expenses related to the removal of asbestos.
           (2)      Student activity fees may be fixed at such rates as the respective Boards shall deem reasonable and necessary.
     72.13.      (GP: Tech Educ. Colleges Student Activity Fees)  Notwithstanding any other provisions of this act, funds at technical education colleges derived wholly from the activities of student organizations and from the operations of canteens and bookstores may be retained by the college and expended only in accord with policies established by the respective college's area commission and approved by the State Board for Technical and Comprehensive Education.
     72.14.      (GP: Educational Fee Waivers)  Public institutions of higher learning, as defined in Section 59-103-5, may offer educational fee waivers to no more than four percent of the  undergraduate student body.
     72.15.      (GP: SC Health & Human Services Data Warehouse)  The General Assembly finds that the operation of health and human services may be enhanced by coordination and integration of client information by establishing the South Carolina Health and Human Services Data Warehouse, formerly the Client Masterfile System.  To integrate client information, data across state agencies will be linked to improve client outcome measures enabling state agencies to analyze coordination and continuity of care issues.  The addition of these data will enhance existing agency's systems by providing client data from other state agency programs to assist in the provision of client services.  In order to assist in the development and maintenance of this System certain client information shall be delivered to the Budget and Control Board, Office of Research and Statistics by the following agencies: Department of Alcohol and Other Drug Abuse Services, Commission for the Blind, Division for the Review of Foster Care of Children, Department of Education, Department of Health and Environmental Control, Department of Health and Human Services, Department of Juvenile Justice, Department of Mental Health, Department of Disabilities and Special Needs, School for the Deaf and the Blind, Department of Social Services, Department of Vocational Rehabilitation, Division of Continuum of Care, Department of Corrections, and Probation, Parole and Pardon Services.
     These agencies and departments shall collect and provide client data in formats and schedules to be specified by the Office of Research and Statistics of the Budget and Control Board.  The Budget and Control Board shall establish a memorandum of Agreement with each agency, department or division.  These Memorandums of Agreement shall specify, but are not limited to, the confidentiality of client information, the conditions for the release of data that may identify agencies, departments, divisions, programs and services, any restrictions on the release of data so as to be compliant with state and federal statutes and regulations on confidentiality of data, conditions under which the data maybe used for research purposes, and any security measures to be taken to insure the confidentiality of client information.
     For purposes of this subsection , all state laws, regulations, or any rule of any state agency, department, board, or commission having the effect or force of law that prohibits or is inconsistent with any provision of this subsection is hereby declared inapplicable to this subsection.
     72.16.      (GP: Discrimination Policy)  It is the policy of the State of South Carolina to recruit, hire, train, and promote employees without discrimination because of race, color, sex, national origin, age, religion or physical disability.  This policy is to apply to all levels and phases of personnel within state government, including but not limited to recruiting, hiring, compensation, benefits, promotions, transfers, layoffs, recalls from layoffs, and educational, social, or recreational programs.  It is the policy of the State to take affirmative action to remove the disparate effects of past discrimination, if any, because of race, color, sex, national origin, age, religion or physical disability.
     Each state agency shall submit to the State Human Affairs Commission employment and filled vacancy data by race and sex by October 31, of each year.
     In accordance with Section 1-13-110 of the South Carolina Code of Laws of 1976, as amended, the Human Affairs Commission shall submit a report on the status of state agencies' Affirmative Action Plans and Programs to the General Assembly by February 1 each year. This report shall contain the total number of persons employed in each job group, by race and sex, at the end of the preceding reporting period, a breakdown by race and sex of those hired or promoted from within the agency during the reporting period, and an indication of whether affirmative action goals were achieved.  For each job group referenced in the Human Affairs report, where the hiring of personnel does not reflect the percentage goals established in the agency's affirmative action plan for the year in question, the state agency shall submit a detailed explanation to the Human Affairs Commission by February 15, explaining why goals were not achieved.
     The Human Affairs Commission shall review the explanations and notify the Budget and Control Board of any agency not in satisfactory compliance with meeting its stated goals.
     The Budget and Control Board shall notify any agency not in compliance that their request for additional appropriations for the current appropriation cycle, may not be processed until such time as the Budget and Control Board, after consultation with the Human Affairs Commission, is satisfied that the agency is making a good faith effort to comply with its affirmative action plan, and that the compliance must be accomplished within a reasonable length of time to be determined by the mission and circumstances of the agency.  This requirement shall not affect additional appropriation requests for public assistance payments or aid to entities.  This section does not apply to those agencies that have been exempted from the reporting requirements of the Human Affairs Commission.
     72.17.      (GP: Residency Preference)  Notwithstanding any other provision of law, when a vacancy occurs in a state agency, other than institutions of higher education, or when an agency acts to fill a new position, the agency shall give preference to residents of this State, if the two are equally qualified for the vacancy or new position.
     72.18.      (GP: Personal Service Reconciliation, FTEs)  In order to provide the necessary control over the number of employees, the Budget and Control Board is hereby directed to maintain close supervision over the number of state employees, and to require specifically the following:
           1.      That no state agency exceed the total authorized number of full-time equivalent positions and those funded from state sources as provided in each section of this act except by majority vote of the Budget and Control Board.
           2.      That the Budget and Control Board shall maintain and make, as necessary, periodic adjustments thereto, an official record of the total number of authorized full-time equivalent positions by agency for state and total funding sources.
                 (a)      That within thirty (30) days of the passage of the Appropriation Act or by August 1, whichever comes later, each agency of the State must have established on the Budget and Control Board records all positions authorized in the Act.  After that date, the Board shall delete any nonestablished positions immediately from the official record of authorized full-time equivalent positions.  No positions shall be established by the board in excess of the total number of authorized full-time equivalent positions.  Each agency may, upon notification to the Budget and Control Board, change the funding source of state FTE positions established on the Budget and Control Board records as necessary to expend federal and other sources of personal service funds to conserve or stay within the state appropriated personal service funds.  No agency shall change funding sources that will cause the agency to exceed the authorized number of state or total full-time equivalent positions.  Each agency may transfer FTEs between programs as needed to accomplish the agency mission.
                 (b)      That by September 30, the board shall prepare a personal service analysis, by agency, which shows the number of established positions for the fiscal year and the amount of funds required, by source of funds, to support the FTE's for the fiscal year at a funding level of 100%.  The board shall then reconcile each agency's personal service detail with the agency's personal service appropriation as contained in the Act adjusted for any pay increases and any other factors necessary to reflect the agency's personal service funding level.  The board shall provide a copy of each agency's personal service reconciliation to the Senate Finance and House Ways and Means Committees.
                 (c)      That any position which is shown by the reconciliation to be unfunded or significantly underfunded may be deleted at the direction of the Budget and Control Board.
           3.      That full-time equivalent (FTE) positions shall be determined under the following guidelines:
                 (a)      The annual work hours for each FTE shall be the agency's full-time standard annual work hours.
                 (b)      The state FTE shall be derived by multiplying the state percentage of budgeted funds for each position by the FTE for that position.
                 (c)      All institutions of higher education shall use a value of 0.75 FTE for each position determined to be full-time faculty with a duration of nine (9) months.
     The FTE method of accounting shall be utilized for all authorized positions.
           4.      That the number of positions authorized in this act shall be reduced in the following circumstances:
                 (a)      Upon request by an agency.
                 (b)      When anticipated federal funds are not made available.
                 (c)      When the Budget and Control Board, through study or analysis, becomes aware of any unjustifiable excess of positions in any state agency.
           5.      That the Budget and Control Board shall annually reconcile personal service funds with full-time employee count.  Unfunded positions will be eliminated no later than January 15 of the current fiscal year unless specifically exempted elsewhere in this act or by the State Budget and Control Board.  The State Budget and Control Board must report the full-time employee count and unfunded position status to the Senate Finance Committee and the Ways and Means Committee by February 1 of the current fiscal year.
           6.      That no new permanent positions in state government shall be funded by appropriations in acts supplemental to this act but temporary positions may be so funded.
           7.      That the provisions of this section shall not apply to personnel exempt from the State Classification and Compensation Plan under item I of Section 8-11-260 of the 1976 Code.
     The Governor, in making his appropriation recommendations to the Ways and Means Committee, must provide that the level of personal service appropriation recommended for each agency is at least 97% of the funds required to meet 100% of the funds needed for the full-time equivalents positions recommended by the Governor (exclusive of new positions).
          72.19.      (GP: Allowance for Residences & Compensation Restrictions)  That salaries paid to officers and employees of the State, including its several boards, commissions, and institutions shall be in full for all services rendered, and no perquisites of office or of employment shall be allowed in addition thereto, but such perquisites, commodities, services or other benefits shall be charged for at the prevailing local value and without the purpose or effect of increasing the compensation of said officer or employee.  The charge for these items may be payroll deducted at the discretion of the Comptroller General or the chief financial officer at each agency maintaining its own payroll system.  This shall not apply to the Governor's Mansion, nor for department-owned housing used for recruitment and training of Mental Health Professionals, nor to guards at any of the state's penal institutions and nurses and attendants at the Department of Mental Health, and the Department of Disabilities & Special Needs, and registered nurses providing clinical care at the MUSC Medical Center, nor to the Superintendent and staff of John de la Howe School, nor to the cottage parents and staff of Wil Lou Gray Opportunity School, nor to full-time or part-time staff who work after regular working hours in the SLED Communications Center or Maintenance Area, nor to adult staff at the Governor's School for Science and Mathematics who are required to stay on campus by the institution because of job requirements or program participation.  The presidents of those state institutions of higher learning authorized to provide on-campus residential facilities for students may be permitted to occupy residences on the grounds of such institutions without charge.
     Any state institution of higher learning may provide a housing allowance to the president in lieu of a residential facility, the amount to be approved by the Budget and Control Board.
     That the following may be permitted to occupy residences owned by the respective departments without charge:  the Commissioner of the Department of Corrections, the Director of the Department of Mental Health, the Farm Director, Farm Managers, and Specialists employed at the Wateree River Correctional Institution, Walden Correctional Institution, MacDougall Youth Correctional Center, and Givens Youth Correctional Center; the S. C. State Commission of Forestry fire tower operators, forestry aides, and caretaker at central headquarters; the Department of Natural Resources' Game Management Personnel, Fish Hatchery Superintendents, Lake Superintendent, and Fort Johnson Superintendent; the Department of Parks, Recreation and Tourism field personnel in the State Parks Division; Director of Wil Lou Gray Opportunity School; President of the School for the Deaf and the Blind; houseparents for the Commission for the Blind; S.C. Department of Health and Environmental Control personnel at the State Park Health Facility and Camp Burnt Gin; Residence Life Coordinators at Lander University; Residence Life Directors at Winthrop University; Farm Superintendent at Winthrop University; Clemson University's Head Football Coach; the Department of Disabilities & Special Needs' physicians and other professionals at Whitten Center, Clemson University Off-Campus Agricultural Staff and Housing Area Coordinators; and University of South Carolina's Manager of Bell Camp Facility, Housing Maintenance Night Supervisors, Residence Life Directors, temporary and transition employees, and emergency medical personnel.  Except in the case of elected officials, the fair market rental value of any residence furnished to a state employee shall be reported by the state agency furnishing the residence to the Agency Head Salary Commission, and the Division of Budget and Analyses by October 1, of each fiscal year.
     All salaries paid by departments and institutions shall be in accord with a uniform classification and compensation plan, approved by the Budget and Control Board, applicable to all personnel of the State Government whose compensation is not specifically fixed in this act. Such plan shall include all employees regardless of the source of funds from which payment for personal service is drawn.  The Division of Budget and Analyses of the Budget and Control Board is authorized to approve temporary salary adjustments for classified and unclassified employees who perform temporary duties which are limited by time and/or funds.  When approved, a temporary salary adjustment shall not be added to an employee's base salary and shall end when the duties are completed and/or the funds expire.  Academic personnel of the institutions of higher learning and other individual or group of positions that cannot practically be covered by the plan may be excluded therefrom but their compensations as approved by the Division of Budget and Analyses shall, nevertheless, be subject to review by the Budget and Control Board.  Salary appropriations for employees fixed in this act shall be in full for all services rendered, and no supplements from other sources shall be permitted or approved by the State Budget and Control Board.  With the exception of travel and subsistence, legislative study committees shall not compensate any person who is otherwise employed as a full-time state employee.  Salaries of the heads of all agencies of the State Government shall be specifically fixed in this act and no salary shall be paid any agency head whose salary is not so fixed.  Commuter mileage on non-exempt state vehicles shall be considered as income and reported by the Comptroller General in accordance with IRS regulations.  As long as there is no impact on appropriated funds, state agencies and institutions shall be allowed to spend public funds and/or other funds for designated employee award programs which shall have written criteria approved by the agency governing board or commission.  For purposes of this section, monetary awards, if any, shall not be considered a part of an employee's base salary, a salary supplement, or a perquisite of employment.  The names of all employees receiving monetary awards and the amounts received shall be reported annually to the South Carolina Division of Budget and Analyses.
     In the case of lodging furnished by certain higher education institutions to employees, the prevailing local rate does not apply if the institution meets the exceptions for inadequate rent described in the current Internal Revenue Code Section 119(d)(2).  To meet the exception, rental rates must equal the lesser of five percent of the appraised value of the qualified campus lodging, or the average of the rentals paid by individuals (other than employees or students of the educational institution) during the calendar year for lodging provided by the educational institution which is comparable to the qualified campus lodging provided to the employee, over the rent paid by the employee for the qualified campus lodging during the calendar year.  The appraised value shall be determined as of the close of the calendar year in which the taxable year begins, or, in the case of a rental period not greater than one year, at any time during the calendar year in which the period begins.
     72.20.      (GP: MUSC Hospital Services Rates)  The Board of the Medical University Hospital Authority shall provide hospital services, including psychiatric hospital services, to state employees and officials of state government at a rate not to exceed the payment rates to hospitals provided by the employee's insurance program(s).  Physician fees, psychiatric professional provider fees, and all dental are not included.
     72.21.      (GP: Universities & Colleges - Allowance for Presidents)  Presidents of the University of South Carolina, Clemson University, the Medical University of South Carolina, The Citadel, Winthrop University, South Carolina State University, Francis Marion University, University of Charleston, Coastal Carolina University and Lander University must not be paid a fixed allowance for personal expenses incurred in connection with the performance of their official duties.  Reimbursements may be made to the presidents from funds available to their respective institutions for any personal expenses incurred provided that all requests for reimbursement are supported by properly documented vouchers processed through the normal accounting procedures of the institutions.
     72.22.      (GP: Replacement of Personal Property)  The Department of Juvenile Justice, Department of Corrections, Probation, Parole and Pardon Services, Department of Mental Health, Department of Disabilities & Special Needs, Continuum of Care, Department of Social Services and School for the Deaf and the Blind may replace the personal property of an employee which has been damaged or destroyed by a client while in custody of the agency.  The replacement of personal property may be made only if the loss has resulted from actions by the employee deemed to be appropriate and in the line of duty by the agency head and if the damaged or destroyed item is found by the agency head to be reasonable in value, and necessary for the employee to carry out the functions and duties of his employment.  Replacement of damaged or destroyed items shall not exceed $250 per item, per incident.  Each agency must have guidelines to insure the reasonableness of the replacement payments.
     72.23.      (GP: Business Expense Reimbursement)  Agency heads and deputy commissioners or deputy directors designated by agency heads may receive reimbursements for business expenses incurred while performing their official duties, provided that receipts are presented when seeking reimbursement and justification is submitted to document the time, place, and purpose of the expense as well as the names of the individuals involved.  The Budget and Control Board shall promulgate regulations governing these expenses.
     72.24.      (GP: Per Diem)  The per diem allowance of all boards, commissions and committees shall be at the rate of thirty-five ($35) dollars per day.  No full-time officer or employee of the State shall draw any per diem allowance for service on such boards, commissions or committees.
     72.25.      (GP: Travel Spouse of Governor & Lt. Governor)  Notwithstanding any other provision of law, the spouses of the Governor and the Lieutenant Governor of the State are authorized to receive reimbursement of actual expenses when accompanying the Governor or the Lieutenant Governor on official state business.
     72.26.      (GP: Travel - Subsistence Expenses & Mileage)  Travel and subsistence expenses, whether paid from state appropriated, federal, local or other funds, shall be allowed in accordance with the following provisions:
     A.      Unless otherwise provided in paragraphs B through H of this section, all employees of the State of South Carolina or any agency thereof including employees and members of the governing bodies of each technical college while traveling on the business of the State shall, upon presentation of a paid receipt, be allowed reimbursement for actual expenses incurred for lodging, not to exceed the current maximum lodging rates, excluding taxes, established by  the U.S. General Services Administration.  The lodging reimbursement for employees of a school district must also conform to these rates when that employee's travel reimbursement is paid by state funds that are transferred to the school district.  Agencies may contract with lodging facilities to pay on behalf of an employee.  Failure to maintain proper control of direct payments for lodging may result in the revocation of the agency's authority by the Comptroller General or the State Auditor.  The employee shall also be reimbursed for the actual expenses incurred in the obtaining of meals except that such costs shall not exceed ($25) per day within the State of South Carolina.  For travel outside of South Carolina the maximum daily reimbursement for meals shall not exceed ($32).  Agencies may contract with food or dining facilities to pay for meals on behalf of employees in accordance with rules and regulations established by the Budget and Control Board.  It shall be the responsibility of the agency head to monitor the charges for lodging which might be claimed by his employees in order to determine that such charges are reasonable, following maximum lodging rates as established by the U.S. General Services Administration.  Any exceptions must have the written approval of the agency head, taking into consideration location, purpose of travel or other extenuating circumstances.  The provisions of this item shall not apply to Section 42-3-40 of the 1976 Code, and when pertaining to institutions of higher learning, for travel paid with funds other than General Funds.
     B.      That employees of the State, when traveling outside the United States, Canada, and Puerto Rico upon promotional business for the State of South Carolina shall be entitled to actual expenses for both food and lodging.
     C.      The Governor, Lieutenant Governor, Secretary of State, Comptroller General, Attorney General, State Treasurer, Adjutant General, Superintendent of Education and the Commissioner of Agriculture shall be reimbursed actual expenses for subsistence.
     D.      Nonlegislative members of committees appointed pursuant to Acts and Resolutions of the General Assembly whose membership consists solely of members of the General Assembly or members of the General Assembly and other personnel who are not employees of the State of South Carolina shall be allowed subsistence expenses of $35 per day while traveling on official business, unless otherwise designated by law.  Members of such committees may opt to receive actual expenses incurred for lodging and actual expenses incurred in the obtaining of meals in lieu of the allowable subsistence expense.
     E.      Members of the state boards, commissions, or committees whose duties are not full-time and who are paid on a per diem basis, shall be allowed reimbursement for actual expenses incurred at the rates provided in paragraph A and I of this section while away from their places of residence on official business of the State.  One person accompanying a handicapped member of a state board, commission, or committee on official business of the State shall be allowed the same reimbursement for actual expenses incurred at the rates provided in paragraph A through I of this section.
     F.      No subsistence reimbursement shall be allowed to a Justice of the Supreme Court or Judge of the Court of Appeals while traveling in the county of his official residence.  When traveling on official business of said court within 50 miles outside the county of his official residence, a Supreme Court Justice and a Judge of the Court of Appeals shall be allowed subsistence expenses in the amount of $35 per day plus such mileage allowance for travel as is provided for other employees of the State.  When traveling on official business of said court 50 or more miles outside the county of his official residence, each Justice and Judge of the Court of Appeals shall be allowed subsistence expenses in the amount as provided in this act for members of the General Assembly plus such mileage allowance for travel as is provided for other employees of the State.  The Chief Justice, or such other person as the Chief Justice designates, while attending the Conference of Chief Justices and one member of the Supreme Court while attending the National Convention of Appellate Court Judges, and three Circuit Judges while attending the National Convention of State Trial Judges shall be allowed actual subsistence and travel expenses.
     Upon approval of the Chief Justice, Supreme Court Justices, Judges of the Court of Appeals, Circuit Judges, and Family Court Judges shall be reimbursed for actual expenses incurred for all other official business requiring out-of-state expenses at the rate provided in paragraph A of this section.
     G.            No subsistence reimbursements are allowed to a Circuit Judge, a Family Court Judge, or an Administrative Law Judge while holding court within the county in which he resides.  While holding court or on other official business outside the county, within fifty miles of his residence, a Circuit Court Judge, Family Court Judge, or an Administrative Law Judge is entitled to a subsistence allowance in the amount of $35 per day plus such mileage allowance for travel as is provided for other employees of the State.  While holding court or on other official business at a location fifty miles or more from his residence, a Circuit Court, Family Court or Administrative Law Judge is entitled to a subsistence allowance in the amount as provided in this act for members of the General Assembly plus such mileage allowance for travel as is provided for other employees of the State.
     H.            Any retired Justice, Circuit Court Judge or Family Court Judge or Master-in-Equity appointed by the Supreme Court to serve as a Special Circuit Judge, Family Court Judge, Appeals Court Judge, or Acting Associate Justice shall serve without pay but shall receive the same allowance for subsistence, expenses, and mileage as provided in Part I for Circuit Court Judges.
     I.      No expense shall be allowed an employee either at his place of residence or at the official headquarters of the agency by which he is employed except as provided in paragraph E, of this section.  When an employee is assigned to work a particular territory or district, and such territory or district and his official headquarters are in different localities or sections of the State, expenses may be allowed for the necessary travel to his official headquarters.  The members of the Workers' Compensation Commission, Public Service Commission and the Employment Security Commission may be reimbursed at the regular mileage rate of one round trip each week from their respective homes to Columbia.  No subsistence reimbursement shall be allowed to a member of the Workers' Compensation Commission, Public Service Commission or the Employment Security Commission while traveling in the county of his official residence.  When traveling on official business of the commission within 50 miles outside the county of his official residence, a member of the Workers' Compensation Commission, Public Service Commission or the Employment Security Commission shall be allowed subsistence expenses in the amount of $35 per day.  When traveling on official business of the commission 50 or more miles outside the county of his official residence, each member shall be allowed a subsistence allowance in the amount as provided in this act for members of the General Assembly.  When out-of-state, members of the Workers' Compensation Commission, Public Service Commission and the Employment Security Commission may claim the established amount of per diem, as stated in the General Appropriation Act, or actual expenses as deemed reasonable by the Comptroller General.
     J.      When an employee of the State shall use his or her personal automobile in traveling on necessary official business, a charge to equal the standard business mileage rate as established by the Internal Revenue Service will be allowed for the use of such automobile and the employee shall bear the expense of supplies and upkeep thereof.  However, the standard business mileage rate used in this calculation shall be the lesser of 34.5 44.5 cents per mile or the current rate established by the Internal Revenue Service.  Whenever state provided motor pool vehicles are reasonably available and their use is practical and an employee of the State shall request for his own benefit to use his or her personal vehicle in traveling on necessary official business, a charge of 4 cents per mile less than the standard business mileage rate as established by the Internal Revenue Service will be allocated for the use of such vehicle and the employee shall bear the expense of supplies and upkeep thereof.  However, the standard business mileage rate used in this calculation shall be the lesser of 34.5 44.5 cents per mile or the current rate established by the Internal Revenue Service.  When such travel is by a state-owned automobile, the State shall bear the expense of supplies and upkeep thereof but no mileage will be allowed.  Agencies and employees are directed to use state fueling facilities to the maximum extent possible, when such use is cost beneficial to the State.  When using commercial fueling facilities, operators of State-owned vehicles are directed to use self-service pumps.  In traveling on the business of the State, employees are required to use the most economical mode of transportation, due consideration being given to urgency, schedules and like factors.
     Mileage between an employee's home and his/her place of employment is not subject to reimbursement.  However, when an employee leaves on a business trip directly from his/her home, and does not go by the employee's headquarters, the employee shall be eligible for reimbursement for actual mileage beginning at his/her residence.
     K.      That a state agency may advance travel and subsistence expense monies to employees of that agency for the financing of ordinary and necessary travel required in the conducting of the business of the agency.  The Budget and Control Board is directed to develop and publish rules and regulations pertaining to the advancing of travel expenses and no state agency shall make such advances except under the rules and regulations as published.  All advances for travel and subsistence monies shall be repaid to the agency within thirty (30) days after the end of the trip or by July 15, whichever comes first.
     L.      That the state institutions of higher learning are authorized to reimburse reasonable relocation expenses for new employees when such reimbursements are considered by the agency head to be essential to successful recruitment of professionally competent staff members.
     M.      The State Budget and Control Board is authorized to promulgate and publish rules and regulations governing travel and subsistence payments.
     N.            No state funds may be used to purchase first class airline tickets.
     72.27.      (GP: Organizations Receiving State Appropriations Report)  Each organization receiving a contribution in this act shall render to the state agency making the contribution by November 1 of the fiscal year in which funds are received, an accounting of how the state funds will be spent, a copy of the adopted budget for the current year, and also a copy of the organization's most recent operating financial statement.  The funds appropriated in this act for contributions shall not be expended until the required financial statements are filed with the appropriate state agency.  No funds in this act shall be disbursed to organizations or purposes which practice discrimination against persons by virtue of race, creed, color or national origin.  The State Auditor shall review and audit, if necessary, the financial structure and activities of each organization receiving contributions in this act and make a report to the General Assembly of such review and/or audit, when requested to do so by the Budget and Control Board.
     72.28.      (GP: Information Technology - Report of Requested Increases)  The Budget and Control Board is authorized and directed to identify all requested increases for information technology for agencies, Institutions or departments, with the exception of colleges, universities and technical institutions, compile the requests into one report, evaluate the requests and forward the evaluation to the Governor, the Chairman of Senate Finance Committee, and the Chairman of the House Ways & Means Committee.
     72.29.      (GP: State Owned Aircraft - Maintenance Logs)  Each agency having in its custody one or more aircraft shall maintain a continuing log on all flights, which shall be open for public inspection.  Any and all aircraft owned or operated by agencies of the State Government shall be used only for official business.  The Division of Aeronautics and other agencies owning and operating aircraft may furnish transportation to the Governor, Constitutional Officers, members of the General Assembly, members of state boards, commissions, and agencies and their invitees for official business only; no member of the General Assembly, no member of a state board, commission, or committee, and no state official shall use any aircraft of the Division of Aeronautics unless the member or official files within forty-eight hours after the time of departure of the flight with the Division of Aeronautics a sworn statement certifying and describing the official nature of his trip; and no member of the General Assembly, no member of a state board, commission or committee, and no state official shall be furnished air transportation by a state agency other than the Division of Aeronautics unless such agency prepares and maintains in its files a sworn statement from the highest ranking official of the agency certifying that the member's or state official's trip was in conjunction with the official business of the agency.  Official business shall not include routine transportation to and from meetings of the General Assembly or committee meetings for which mileage is authorized.
     All logs shall be signed by the parties using the flight and the signatures shall be maintained as part of the permanent record of any agency.  All passengers shall be listed on the flight log by their legal name; passengers flying with an appropriate official of SLED or the Division of State Development whose confidentiality must, in the opinion of SLED or the division, be protected shall be listed in writing on the flight log as "Confidential Passenger SLED or the Division of State Development (strike one)" and the appropriate official of SLED or the division shall certify to the agency operating the aircraft the necessity for such confidentiality.
     Violation of the above provisions of this section is prima facie evidence of a violation of Section 8-13-410(1) of the 1976 Code and shall subject a violating member of the General Assembly to the ethics procedure of his appropriate house and shall subject a violating member of a state board, commission or committee, or a state official to the applicable ethics procedure relating to them as provided by law.  The above provisions do not apply to aircraft of the Division of Aeronautics when used by the Medical University of South Carolina, nor to aircraft of the athletic department or the educational foundations of any state-supported institution of higher education.
     Aircraft owned by agencies of state government shall not be leased to individuals for their personal use.
     72.30.      (GP: Carry Forward)  Each agency is authorized to carry forward unspent general fund appropriations from the prior fiscal year into the current fiscal year, up to a maximum of ten percent of its original general fund appropriations less any appropriation reductions for the current fiscal year.  Agencies shall not withhold services in order to carry forward general funds.
     This provision shall be suspended if necessary to avoid a fiscal year-end general fund deficit.  For purposes of this proviso, the amount of the general fund surplus/deficit must be considered after all appropriations from the Capital Reserve Fund have been allowed and before any transfers from the General Reserve.  The amount of general funds needed to avoid a year-end deficit shall be reduced proportionately from each agency's carry forward amount.
     Agencies which have separate general fund carry forward authority must exclude the amount carried forward by such separate authority from their base for purposes of calculating the ten percent carry forward authorized herein.  Any funds that are carried forward as a result of this provision are not considered part of the base of appropriations for any succeeding years.
     72.31.      (GP: Publication List for General Assembly)  With the exception of the Governor's Executive Budget and related documents and telephone directories, and notwithstanding any other requirement, mandate, or provision of this act to the contrary, no agency, department, or entity of state government shall provide the General Assembly with hard copies of a publication whether or not the publication, report, or other document is required to be furnished to the General Assembly by law, and a publication only may be provided to a member of the General Assembly if the member requests the publication.  Nothing herein prevents the agency or department from transmitting such publications to the Office of Legislative Printing, Information and Technology Systems (LPITS) by electronic medium in such format and form and in accordance with such technical standards as may be established by LPITS.  LPITS may make any such information transmitted available through its network.  Any report governed by the requirements of this proviso may be published in hard copy form if authorized by the Speaker of the House and the President Pro Tempore of the Senate.
     72.32.      (GP: Regulatory Audit)  Each agency shall conduct a jurisdictional audit for the purpose of identifying laws, regulations and provisos which are not being used or no longer need to be regulated.  After identifying these laws, repeals are to be drafted for submission to the appropriate standing committee of the General Assembly by January 31.
     72.33.      (GP: TEFRA-Tax Equity and Fiscal Responsibility Act)  It is the intent of the General Assembly that the State Medicaid Plan be amended to provide benefits for disabled children as allowed by the Tax Equity and Fiscal Responsibility Act (TEFRA) option.  State agencies, including but not limited to, the Department of Social Services - the Continuum of Care, the Department of Health and Environmental Control, the Department of Mental Health, the Department of Disabilities and Special Needs, and the Department of Health and Human Services shall collectively review and identify existing state appropriations within their respective budgets that can be used as state match to serve these children.  Such funds shall be used effective January 1, 1995 to implement TEFRA option benefits.  Agencies providing services under the provisions of this paragraph must not spend less in the current fiscal year than expended in the previous fiscal year.
     72.34.      (GP: Frequent Flyer Premiums)  State agencies and employees shall select air carriers based on cost and time criteria, not on whether frequent flyer premiums are given.  State agencies should ensure that employees earning frequent flyer premiums while traveling on state business use them to reduce the cost of subsequent business travel whenever possible.
     72.35.      (GP: Prison Industries)  All agencies funded in this act, when procuring goods and services, shall first consider contracting for services or purchasing goods and services through the Department of Corrections' Prison Industries Program.  The Department of Corrections shall furnish, upon request, to all agencies a catalogue of goods and services provided by Prison Industries.  The department is hereby directed to develop and market a catalogue of Prison Industries products for nationwide circulation.
     72.36.      (GP: Out-of-State Travel Report)  Annually on October 1 November 1, the Comptroller General shall issue a report on out-of-state travel expenditures for the prior fiscal year which shall be distributed to the Senate Finance Committee, the House Ways and Means Committee, and the Statehouse Press Room.  The Comptroller General may use up to $500 of general fund appropriations for the purpose of providing copies to the media or the public upon request.  The report must contain a listing for every agency receiving an appropriation in the annual General Appropriations Act.  The listing must show at a minimum the top ten percent of employees for whom out-of-state travel expenses and registration fees were paid within each agency, not to exceed twenty-five employees per agency.  Agencies should include position titles for each of the top twenty-five travelers for each agency.  Expenditures must include state, federal and other sources of funds.  The list for each agency must be in rank order with the largest expenditure first and the name of the employee must be shown with each amount.  Agencies should include a brief summary of the type of out-of-state travel the agency incurs.  The Comptroller General may provide additional information as deemed appropriate.  The Comptroller General shall provide no exceptions to this report in that the information contained is not considered confidential or restricted for economic development purposes.  However, further disclosure of detailed information shall be restricted as provided for by law.
     72.37.      (GP: School Technology Initiative)  From the funds appropriated/authorized for the K-12 technology initiative, the Department of Education, in consultation with the Budget and Control Board's Office of Information Resources, the State Library and Educational Television Commission shall administer the K-12 technology initiative funds.  These funds are intended to provide technology, encourage effective use of technology in K-12 public schools throughout the state, conduct cost/benefit analyses of the various technologies and should, to the maximum extent possible, involve public-private sector collaborative efforts.  Funds may also be used to establish pilot projects for new technologies with selected school districts as part of the evaluation process.  K-12 technology initiative funds shall be retained and carried forward to be used for the same purpose.
     72.38.      (GP: State Operated Day Care Facilities Fees)  Any state agency receiving funding in this act and any higher education institution, including 4 year institutions, 2 year institutions, and technical colleges, that operates an early childhood development center or day care facility shall charge, at a minimum, fees that are comparable to those charged by private day care facilities in the local community. The institution or agency shall not restrict enrollment in the center solely to the children of faculty, staff, and students of the institution; nor shall fees be set at a lower level for faculty, staff, or students of the institution or agency.
     72.39.      (GP: Base Budget Analysis)  Agencies' annual accountability reports for the prior fiscal year, as required in Section 1-1-810, must be accessible to the Governor, Senate Finance Committee, House Ways & Means Committee, and to the public on or before September 15, for the purpose of a zero-base budget analysis and in order to ensure that the Agency Head Salary Commission has the accountability reports for use in a timely manner.  Accountability Report guidelines shall require agencies to identify key program area descriptions and expenditures and link these to key financial and performance results measures.  The Budget & Control Board is directed to develop a process for training agency leaders on the annual agency accountability report and its use in financial, organizational, and accountability improvement.  Until performance-based funding is fully implemented and reported annually, the state supported colleges, universities and technical schools shall report in accordance with Section 59-101-350.
     72.40.      (GP: Collection on Dishonored Payments)  In lieu of any other provision of law, any state agency may collect a service charge as provided in Section 34-11-70 to cover the costs associated with the processing and collection of dishonored instruments or electronic payments where any amount is not paid by the drawee due to insufficient funds on deposit with the bank or the person upon which it was drawn when presented, or the instrument has an incorrect or insufficient signature on it.  Such funds shall be retained and expended by the agency in accordance with this purpose and any unused amount shall carry forward to the following fiscal year.
     72.41.      (GP: State DNA Database)  Funds collected by the S.C. Department of Corrections, the Department of Probation, Parole and Pardon, and Department of Juvenile Justice to process DNA samples must be remitted to the State Law Enforcement Division to offset the expenses incurred to operate the State DNA Database program.  SLED may retain, expend, and carry forward these funds.  Any carry forward funds resulting from the DNA Database program must be used solely to operate the DNA Database program.
     72.42.      (GP: Innovative Transportation)  The Transportation Infrastructure Bank or the Railroad Commission may make grants for developing innovative transportation technology, such as light rail, mono-rail, or mono-beam.
     72.43.      (GP: Pay Telephone Revenue)  Notwithstanding any other provision of law, all state agencies, institutions, colleges and universities must remit to the general fund all revenues received and all monies retained above the cost of allowing the placement or location of pay telephones on public property.  Each state agency, institution, college and university must annually report to the Office of State Budget the revenue received for allowing the placement or location of pay telephones on public property.  This proviso includes any commission(s), state agencies, institutions, colleges and universities receive for allowing the placement or location of pay telephones on public property.  Public property means any and all property occupied or under the control of a state agency, institution, college or university.
     72.44.      (GP: PSA Agriculture Teachers Summer Employment)  In addition to funds previously established for Clemson University PSA to fund summer employment of agriculture teachers, the Department of Education shall transfer funds appropriated in Part I, Section X.I.F.3, Other State Agencies and Entities, Teacher Pay - Other Agencies to Clemson University PSA to cover state-mandated salary increases on that portion of the agriculture teachers' salaries attributable to summer employment.
     72.45.      (GP: Menu Option Telephone Answering Devices)  From the funds appropriated to state agencies, state agencies and their departments shall not expend funds for any type of menu option telephone answering device, unless the menu option system provides the caller with access to a nonelectronic attendant or automatically transfers the caller to a nonelectronic attendant.  This requirement applies during the hours of 8:30 AM until 5:00 PM, Monday through Friday, excluding holidays.  This requirement does not apply to integrated voice response systems that are specifically designed to exclude human interaction.  No additional personnel may be hired to implement the requirements of this provision.
     72.46.      (GP: Voluntary Separation Incentive Program)  State agencies may implement, in consultation with the Office of Human Resources of the Budget and Control Board, a program to realign resources to include provisions for a separation incentive payment for employees which may include the employer portion of health and dental benefits not to exceed one year.  Employees participating in such program shall not be eligible to participate in the Teacher and Employee Retention Incentive (TERI) program.  Employees participating in such program shall be considered to have voluntarily quit their employment without good cause and be subject to the provisions of Section 41-35-120(1) of the S.C. Employment Security Law.  Any program developed under this provision will involve voluntary participation from employees and will be funded within existing appropriations.  The program must be approved by the agency head and the Director of the Division of Budget and Analyses based on ability to demonstrate recurring cost savings for realignment and/or permanent downsizing.  State agencies shall report the prior year's results to the Budget and Control Board by August 15, of the current fiscal year.  The Budget and Control Board shall report to the Senate Finance Committee and the House Ways and Means Committee on these results.
     72.47.      (GP: Flexibility)  In order to provide maximum flexibility in absorbing the general fund reductions mandated in this act as compared to FY 2001-02 general fund appropriations and to allow for the orderly transition of the downsizing of state government, agencies are authorized for FY 2005-06 to spend agency earmarked and restricted accounts designated as "special revenue funds" as defined in the Comptroller General's records, to maintain critical programs previously funded with general fund appropriations.  Any increase in spending authorization for these purposes must receive the prior approval of the Office of State Budget and must be reported to the Governor, Senate Finance Committee, and the House Ways and Means Committee.  The Comptroller General is authorized to implement the procedures necessary to comply with this directive.  This provision is provided notwithstanding any other provision of law restricting the use of earned revenue.  Notwithstanding proviso 72.10 (Transfers of Appropriations), appropriation transfers may exceed twenty percent of the program budget upon approval of the Budget and Control Board.
     72.48.      (GP: Alternative Commitment to Truancy)  As part of its plan for an alternative school, a school district receiving funds from the Department of Education for an alternative school shall identify available alternatives to commitment for children whose truancy is approaching the level of being referred to family court.  When proceeding under S.C. Code Section 59-65-50 to bring an individual case before the family court, the school district must present this plan as well as the district's efforts with respect to the individual child to the court.  Each school district's plan under this proviso shall include possible assignment to alternative school for a nonattending child before petitioning the court.
     72.49.      (GP: Voluntary Furlough)  Notwithstanding Section 8-11-195 of the 1976 Code, or any other provision of law, in a fiscal year in which the general funds appropriated for a state agency are less than the general funds appropriated for that agency in Fiscal Year 2001-02, or whenever the General Assembly or the Budget and Control Board implements a midyear across-the-board budget reduction, agency heads may institute a voluntary employee furlough program of not more than ninety days per fiscal year.  During this voluntary furlough, the state employees shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries.  As to those benefits which require employer and employee contributions, the state agencies, institutions and departments will be responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions.  In the event an agency's reduction is due solely to the General Assembly transferring or deleting a program, this provision does not apply.
     72.50.      (GP: Debt Collection Reports)  Each state agency shall provide to the Chairmen of the Senate Finance and House of Representatives Ways and Means Committees a report detailing the amount of its outstanding debt and all methods it has used to collect that debt.  This report is due by the last day of February for the previous calendar year.
     72.51.      (GP: State Funded Libraries - Web Filters)  (A)  A library receiving state funds, directly, indirectly, by grant, or otherwise, other than a library at an institution of higher learning, that has computers available for use by the public or students, or both, must equip these computers with software incorporating web-filtering technology designed to eliminate or reduce the ability of the computer to access sites displaying pornographic pictures or text.  However, up to ten percent, and at least one, of the library's computers must be unfiltered.  Each library's governing officials shall determine the physical location of any unfiltered computer(s).  The library also must have a written policy providing sanctions against a person who instructs or demonstrates to another person how to bypass this web-filtering technology.
     (B)  State funds intended for a library not in compliance with subsection (A) must be reduced by fifty percent.  Funds resulting from this reduction must be distributed among other libraries that are in compliance with subsection (A).
     72.52.      (GP: Forego Salary Increase)  Employees, staff and/or faculty of Higher Education Institutions, including Public Service Activities agencies, may request to voluntarily forego the Fiscal Year 2005-06 general or merit salary increase and have the funds appropriated for that increase remain in the base budget of the institution or agency; however, no employee, staff or faculty may voluntarily forego this increase if the employee, faculty or staff would then earn below the minimum of his pay band.
     72.53.      (GP: Tobacco Settlement Funds Carry Forward)  State agencies are hereby authorized to retain and carry forward any unexpended Tobacco Settlement Agreement funds from the prior fiscal year into the current fiscal year and to expend such funds for the same purpose.
     72.54.      (GP: Use Tax Exemption)  For the current fiscal year there is exempt from the use tax imposed pursuant to Chapter 36 of Title 12 of the 1976 Code the sales price of tangible personal property purchased for use in private primary and secondary schools, including kindergartens and early childhood education programs, which are exempt from income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code.  For the purposes of this item, the Internal Revenue Code means Internal Revenue Code as described in Section 12-6-40 of the 1976 Code.  This exemption applies for sales occurring after 1995.  No refund is due any taxpayer of use tax paid on sales exempted by this paragraph.
     72.55.      (GP: Across-the-Board Reductions)  When spreading any across-the-board cut mandated by the Budget and Control Board or the General Assembly, state agencies are encouraged to reduce general operating expenses, which shall include but is not limited to, travel, training, procurement, and the hiring of temporary and contractual employees before reductions are made to programs, special line items, or local provider services critical to the agency's mission.
     72.56.      (GP: Personal Property Tax Relief Fund)  For the current fiscal year, Section 12-37-2735 of the 1976 Code is suspended.  If the Personal Property Tax Exemption Sales Tax is imposed in a county and a sales tax rate of two percent of gross proceeds of sales is insufficient to offset the property tax not collected, sufficient amounts must be credited to the Trust Fund for Tax Relief established pursuant to Section 11-11-150 of the 1976 Code to provide the reimbursement to offset such a shortfall in the manner provided in Section 4-10-540(A) of the 1976 Code.
     72.57.      (GP: Accommodations Tax)  For the current fiscal year the word 'tourist', as used in Section 6-4-10, does not apply to museums or to festivals, arts and cultural events, or the sponsoring organization of these events.
     72.58.      (GP: COG Annual Report)  Each Council of Government shall submit a report to the Senate Finance Committee and the House Ways and Means Committee by December 1st each year describing how the funds which they received from the State in the prior fiscal year were expended.
     72.59.      (GP: Governor's Office, Veterans Affairs)  Of the funds appropriated for the Division of Veterans Affairs, the Director of the Division shall appoint an additional claims representative within the Division of Veterans Affairs, who, in addition to being charged with the duty of assisting all ex-servicemen, regardless of the wars in which their service may have been rendered, in filing, presenting, and prosecuting to final determination all claims which they have for money compensation, hospitalization, training, and insurance benefits under the terms of federal legislation, shall also specialize in the specific needs and diseases associated with veterans of the Vietnam era.  The person appointed as a claims representative under this section must be versed in federal legislation relating to these matters and the rules, regulations, and practice of the Veterans Administration as created by Congress and his appointment must be approved by the Governor.
     Subject to the direction of the director, and in addition to other duties prescribed in this section, the claims representative appointed pursuant to this section may represent the Division of Veterans Affairs on the South Carolina Agent Orange Advisory Council and on the Hepatitis C Coalition established by the South Carolina Department of Health and Environmental Control, assist the Division of Veterans Affairs in carrying out its duties in connection with the Agent Orange Information and Assistance program, represent the director in connection with functions relating to Vietnam veterans, and perform other duties as may be assigned by the director.
     72.60.      (GP: South Carolina Recycling Initiative)  To protect the public health and safety, protect and preserve the environment of this State, and to recover resources which have the potential for usefulness in the most environmentally safe, economically feasible and cost effective manner, state agencies shall purchase recycled steel unless the item cannot be acquired competitively at a reasonable price.
     72.61.      (GP: Restore Barnwell Funding)  It is the intent of the General Assembly, that beginning in Fiscal Year 2004-05 the General Assembly shall begin to restore funding to the Extended Care Maintenance Fund as defined in Section 13-7-10 by appropriating $5,000,000 each year until such time as the amount in the Fund is restored to the FY 2000-01 level, plus interest.  If at any time the Extended Care Maintenance Fund is insufficient due to a reduction in funding in the Fiscal Year 2001-2002 and/or 2002-2003 appropriations bill to cover the costs of the uses of the fund, the State shall be solely and exclusively responsible for repaying an amount to restore funding to the Extended Care Maintenance Fund.
     72.62.      (GP: Best Management Practices)  Using a format similar to the Department of Transportation's best management practices report, by September 1 of each year, agencies appropriated funds in this act must report on their website a self assessment of the agency's use of the following best practices during the prior fiscal year.  Agencies are encouraged to partner with other agencies for a peer review process.  For each of the best practices, the agency must publicly rate itself as in compliance, in progress, or in non-compliance.  State institutions of higher education are exempt from this requirement.
           (1)      Integration of Planning and Budgeting:  The agency employs a multi-year strategic planning process that links the planning process with the annual budget review.
           (2)      Internal Audit:  The agency utilizes an active internal audit process that includes:  (a) programmatic reviews along with fiscal reviews;  (b) consistent follow-up on audit findings; and (c) reporting of the internal audit function to the institutional head and/or to the governing board, if applicable.  Agencies that cannot afford a separate internal audit staff should use internal reviews that serve the same function as an internal auditor.
           (3)      Collaboration and Partnerships:  The agency demonstrates financially beneficial collaborative efforts with other public entities in performance of business functions including, as applicable, but not limited to, financial management, energy management, printing and publications, mail service, procurement, warehousing, public safety, security, space utilization, and parking.
           (4)      Outsourcing and Privatization:  The agency examines opportunities for contracting out various business functions, has performed cost analyses, and has implemented, where economically feasible, cost saving contracts.
           (5)      Process Analysis:  The agency makes a critical examination of its business processes in an effort to increase productivity, reduce waste and duplication, and improve the quality of services provided to its internal customers.
           (6)      Use of Automation and Technology:  The agency uses a long range plan for improved use of technology to enhance business processes and takes deliberate efforts to implement this technology within budget constraints.
           (7)      Energy and Other Resource Conservation and Management:  The agency uses a plan to conserve energy and other resources and has demonstrated positive results from the plan.
           (8)      Preventive and Deferred Maintenance:  The agency uses a regular program of preventive maintenance to preserve its physical assets and has developed a plan to address overdue maintenance needs for its facilities.
           (9)      Alternate Revenue Sources:  The agency makes substantial efforts to identify and secure alternate revenue sources (excluding categorical grants for specific functions) to supplement funds available from state appropriations.
           (10)      External Annual Financial Audit Findings:  The agency minimizes or avoids all management letter and single audit findings in the annual audit performed or supervised by the State Auditor, especially violations of state law, material weaknesses, and single audit "findings" and "questioned costs."
           (11)      External Review Findings:  The agency minimizes or avoids all non-compliance findings related to its business practices in external reviews and audits.
           (12)      Long Range Capital Plan:  The institution uses a long range (minimum three to five years) capital improvement plan for major capital requirements for its buildings and has, subject to fund availability, begun implementation of the plan.
           (13)      Risk Management:  The agency has an active risk management program in place to minimize its losses.
     72.63.      (GP: Life and Palmetto Fellows Scholarships Waiver Exemption)        Any provision in permanent law or in Part IB, Section 72 of this Act, except that which is specified for LIFE and Palmetto Fellows Scholarships, that would require general fund appropriations other than what is specified in Part IA of this Act is waived for the current fiscal year.
     72.64.      (GP: Personnel Administration Exemption)  Employees of the Offices of the Lieutenant Governor, Secretary of State, State Treasurer, Attorney General, Comptroller General, Superintendent of Education, Adjutant General, and the Commissioner of Agriculture shall be exempt from the provisions of Article 5, Chapter 17, Title 8 of the 1976 Code of Laws, as amended, if those employees report directly to a constitutional officer or report directly to a person who reports directly to a constitutional officer.  Additionally, management employees of the Department of Alcohol and Other Drug Abuse Services, the Department of Commerce, the Department of Corrections, the Department of Health and Human Services, the Department of Insurance, the Department of Juvenile Justice, the Department of Labor, Licensing and Regulation, the Department of Parks, Recreation and Tourism, the Department of Probation, Parole, and Pardon Services, the Department of Revenue, the Department of Social Services, the State Law Enforcement Division, the Department of Motor Vehicles, and the Department of Public Safety shall be exempt from the provisions of Article 5, Chapter 17, Title 8 of the 1976 Code of Laws, as amended, if those employees report directly to the agency head or report directly to a person who reports directly to the agency head.
     72.65.      (GP: Sole Source Procurements)  The Budget and Control Board shall evaluate and determine that the written determinations, explanations, and basis for sole source procurements, pursuant to S.C. Code Section 11-35-1560, and emergency procurements, pursuant to S.C. Code Section 11-35-1570, are legitimate and valid reasons for awarding non-competitive contracts.
     72.66.      (GP: DMV Data) The Department of Motor Vehicles shall provide access, in compliance with all state and federal privacy protection statues, to the following data and reports without charge to the South Carolina Department of Transportation:
           (1)      all collision data and collision reports;
           (2)      registration information used for toll enforcement; and
           (3)      driver records of employees or prospective employees.
     72.67.      (GP: Administrative Hearings)  Any administrative state agency performing administrative hearings within the State of South Carolina may make use of existing video conferencing capabilities.  There must be evidence that a cost savings will be recognized by using video conferencing, as opposed to holding an administrative hearing where all parties must be in attendance at one particular location.  A report of video conferencing activities and any related cost savings must be submitted annually, before January 15, to the House Ways and Means Committee and the Senate Finance Committee.
     72.68.      (GP: Fee for Motions Disbursement)  For the current fiscal year, the revenue collected pursuant to Section 8-21-320 of the 1976 Code shall be distributed by the State Treasurer in the following manner:  (1)  The first $450,000 of these funds must be transferred to the Prosecution Coordination Commission.  The funds shall be distributed equally to the third, fourth, and eleventh judicial circuits to fund drug courts.  (2)  Any remaining funds must be transferred to the Judicial Department for operating purposes.
     72.69.      (GP: Parking Fees)  State agencies shall not impose additional parking fees or increases in current fees for state employees during  the current fiscal year.  This provision does not apply to any college or university.
     72.70.      (GP: Constitutional Officer Furlough)  All constitutional officers may take up to thirty-six days furlough in the current fiscal year.  The officials will retain all responsibilities and authority during the furlough.  All monies saved from this furlough may be retained by that agency and expended at the discretion of the constitutional officer.  During this furlough, the constitutional officer shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries.  As to those benefits which require employer and employee contributions, the state agency will be responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the constitutional officer remains solely responsible for making those contributions.
     72.71.      (GP: Endangered Species License Plates)  The Department of Motor Vehicles shall issue a series of special commemorative motor vehicle license plates for use by the owner on his private passenger motor vehicle for the purposes of the "Non-game Wildlife and Natural Areas Fund" provided in Section 50-1-280.  The special fee for the commemorative license plate is thirty dollars and this amount must be placed in the fund.  This fee is in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 7 of this title.  The commemorative plate must be of the same size and general design of regular motor vehicle license plates and must be imprinted with the words "South Carolina Protects Endangered Species."  The plates must be issued or revalidated for a biennial period, which expires twenty-four months from the month they are issued.
     72.72.      (GP: Repayment of Loans)  Pursuant to the loan agreement dated March 1, 2002, between the State Budget and Control Board and the Department of Commerce, the Department of Commerce shall  make annual payments of $750,000 plus accrued interest to repay the $3,500,000 loan from the Insurance Reserve Fund until such time as the loan and interest pursuant to the loan agreement  are paid in full.
     72.73.      (GP: Tobacco Funds)  The Tobacco Settlement Revenue Management Authority may determine by resolution that some or all of the amounts on deposit in the Healthcare Tobacco Settlement Trust Fund established pursuant to Section 11-11-170, whether in the form of principal or interest, may be used to refund bonds issued pursuant to Chapter 49 of Title 11, to purchase such bonds, directly or indirectly, and/or to secure bonds issued to refund such bonds.  Any amounts received by the Authority pursuant to the preceding clause in excess of the amount required to refund or purchase such bonds and all tobacco settlement receipts received by the State pursuant to Section 11-49-130 must be deposited directly with the Department of Health and Human Services for health care expenditures to achieve the maximum Medicaid match.
     72.74.      (GP: Facility Rental Fee)  The Governor's School for the Arts and Humanities, Governor's School for Science and Mathematics, Wil Lou Gray Opportunity School, and John de la Howe School are authorized to charge, collect, expend and carry forward fees charged for facility and equipment rental and registration.
     72.75.      (GP: Local Domestic Violence Review Teams)  A task force is established to better understand and address the causes of fatalities related to domestic violence by developing a strategic plan for the implementation of local domestic violence fatality review teams.  The purposes of the local fatality review teams are to examine the events leading up to a death, identify any gaps in service delivery, and make recommendations to improve preventive interventions.  Membership of the task force should include:
           The Attorney General or designee;
           The Director or designee of the S C Coalition Against Domestic Violence and Sexual Assault;
           The Chairman or designee of the SC Sheriff's Association;
           The Director or designee of the SC Hospital Association;
           The Director or designee of the South Carolina Victim's Assistance Network;
           The Director or designee of the SC Department of Social Services;
           The Chief Justice or designee;
           The Chairman or designee of the Commission on Prosecution Coordination;
           The Chairman or designee of the Palmetto Association of Family Violence Intervention Program;
           The Chairman or designee of the SC Coroners Association;
           A member appointed by the Speaker of the House;
           A member appointed by the President Pro Tempore of the Senate; and
           A survivor and resident of South Carolina appointed by the Governor.
     Issues to be considered by the task force include, but are not limited to the following:  which homicides will be identified for review, when does the team conduct the review, where will the teams be located, and who should be on the review teams.  This task force shall convene no later than September 2004.  A report with recommendations shall be published not later than one year from the first meeting of the task force.  These recommendations shall be submitted to both the Governor and the Chairmen of the House and Senate Judiciary Committees.  Members of this committee shall serve without compensation.  After submission of the report, the task force is dissolved.
     72.76.      (GP: Insurance Claims)  Any insurance reimbursement to an agency may be used to offset expenses related to the claim.  These funds may be retained, expended, and carried forward.
     72.77.      (GP: Organizational Charts)  All agencies, departments and institutions of state government shall furnish to the Office of Human Resources (1) a current personnel organizational chart annually no later than September 1 of the current fiscal year, or upon the request of the Office and (2) notification of any change to the agency's organizational structure which impacts an employee's grievance rights within 30 days of such change.  The organizational chart shall be in a form prescribed by the Office of Human Resources showing all authorized positions, class title, class code, class slot and indications as to whether such positions are filled or vacant.  In addition, the organizational chart shall clearly identify those employees who are exempt from the State Employee Grievance Procedure Act.
     72.78.      (GP: Agencies Affected by Restructuring)  Upon restructuring of state agencies by the General Assembly in separate legislation, the Budget and Control Board is directed to work with affected State agencies in order to phase-in operations of restructured organizations during Fiscal Year 2005-06 the current fiscal year.  Restructured organizations should be operating entirely under the revised structure no later than June 30, 2006 of the current fiscal year.  The Board is further directed to work with the affected agencies in order to identify and facilitate the transfer of any portion of their operations, including transfer of funds during Fiscal Year 2005-06 the current fiscal year, which is affected by the restructured organization adopted by the General Assembly, but which has not already been accomplished herein.  Until sufficient changes can be made to the State's accounting system and the appointment of appropriate agency heads, the Comptroller General and the State Treasurer shall allow those agencies affected by restructuring to continue processing documents within the account structure existing on June 30, 2005 of the prior fiscal year.  Restructured agencies shall make all the necessary accounting adjustments to complete the transition to the new account structure as soon as possible, but no later than June 30, 2006 of the current fiscal year.  The Budget and Control Board Office of State Budget is directed to prepare the subsequent detail budget to conform Part IA and corresponding provisos in this Act to any restructuring changes that are ratified in separate legislation.
     72.79.      (GP: Agency Administrative Support Collaboration)  It is the intent of the General Assembly that state agencies continue to actively pursue cost savings measures through collaborative efforts and where feasible may combine administrative support functions with other agencies in order to maximize efficiency and effectiveness.
     72.80.      (GP: Assessment Audit)  (1)  The State Auditor shall periodically examine the books, accounts, receipts, disbursements, vouchers, and any records deemed necessary of the county treasurers, municipal treasurers, county clerks of court, magistrates, and municipal courts to report whether the assessments, surcharges, fees, fines, forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court, circuit court, magistrates court, and municipal court are properly collected and remitted to the State.  In addition, the purpose of these audits is to determine if the proper amount of funds have been reported, retained, and allocated for victim services in accordance with state law.  These audits must be performed in accordance with standard auditing practices to include the right to respond to findings before the publishing of the audit report.  The State Auditor is directed to submit a copy of the completed audit report to the Chairmen of the House Ways & Means Committee, Senate Finance Committee, House Judiciary Committee, Senate Judiciary Committee, and the Governor.  If the State Auditor finds that any authority has over remitted the state's portion of the funds collected by the authority or over reported or over retained crime victim funds, the State Auditor shall notify the State Treasurer to make the appropriate adjustment to the authority.  If the State Auditor finds that any authority has under remitted, incorrectly reported, incorrectly retained, or incorrectly allocated the state or victim services portion of the funds collected by the authority, the State Auditor shall determine where the error was made.  If the error is determined to have been made by the county or municipal treasurer's office, the State Auditor shall notify the State Office of Victim Assistance for the crime victim portion and the chief administrator of the county or municipality of the findings and, if full payment has not been made by the county or municipality within ninety days of the audit notification, the State Treasurer is directed to adjust the authority's aid to subdivisions funding in an amount equal to the amount determined by the State Auditor to be the state's portion; or equal to the amount incorrectly reported, retained, or allocated pursuant to Sections 14-1-206(B)(D), 14-1-207(B)(D), 14-1-208(B)(D), and 14-1-211(B) of the 1976 Code.
     If an error is determined to have been made at the magistrate, municipal, family, or circuit courts, the State Auditor shall notify the responsible office, their supervising authority, and the chief justice of the State.  If full payment has not been made by the court within ninety days of the audit notification, the chief magistrate or municipal court or clerk of court shall remit an amount equal to the amount determined by the State Auditor to be the state's portion or the crime victim fund portion within ninety days of the audit notification.
           (2)      The State Auditor is further authorized to conduct these examinations and the local authority is required to participate in and cooperate fully with the examination.  The State Auditor is authorized to subcontract with independent auditors on audits required in subsection (1).  The State Auditor is encouraged to create an audit team to perform these audits.  The State Treasurer is authorized to transfer the first $10,900 received from the General Sessions Court pursuant to Section 14-1-206, the first $136,600 received from the Magistrates Court pursuant to Section 14-1-207, and the first $102,500 received from the Municipal Court pursuant to Section 14-1-208 for a total of $250,000 dollars to the State Auditor's Office to fund these audits as required in subsection (1).  Notwithstanding another provision of law, a state agency or local governmental entity receiving assessments, surcharges, fees, fines, forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court, circuit court, magistrates court and municipal court is authorized to use any of their funds to assist the State Auditor's Office in funding these audits.
           (3)      Each municipality shall submit a copy of its annual audit report as provided in Section 5-7-240 of the 1976 Code without charge to both the State Treasurer's Office and the State Auditor's Office within thirty days of such report being made public.  If a municipality fails to provide the copy of the annual audit within the above prescribed time period the State Treasurer's Office is authorized to withhold the municipality's aid to subdivision until the annual audit report is properly filed.
           (4)      The State Treasurer's Office and South Carolina Court Administration shall make available annually training on the collection and distribution of assessments, surcharges, fees, fines, forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court, circuit court, magistrates court and municipal court for the counties, municipalities, and court employees.
           (5)      The State Treasurer is authorized to transfer $2,000 received from the General Sessions Court pursuant to Section 14-1-206, $5,000 received from Magistrates Court pursuant to Section 14-1-207, and $3,000 received from Municipal Court pursuant to Section 14-1-208 for a total of $10,000 to fund annual training on the collection and distribution of assessments, surcharges, fees, fines, forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court, circuit court, magistrates court, and municipal court for the counties, municipalities, and court employees.  The State Treasurer's Office and South Carolina Court Administration shall be responsible for the annual training prescribed by this section.
     72.81.      (GP: Correctional Officer Retention)  For the current fiscal year, the provisions of Section 26-3-405 23-6-405, which pertain to reimbursement for mandatory training of a government employee subsequently hired by another governmental entity, also apply to Correctional Officers and Juvenile Correctional Officers.
     72.82.      (GP: Magistrate Civil & Complaint Filing Fees)  For the current fiscal year, a twenty-five dollar assessment shall be imposed on all summons and complaint filings in magistrate court and a ten dollar assessment shall be imposed on all other civil filings in magistrate court except on restraining orders.  The fees shall be collected by the magistrate court and forwarded to the county treasurer monthly to be remitted to the State Treasurer for allocation to the Judicial Department.
     72.83.      (GP: Morris Island Lighthouse Transfer)  Responsibility for the Morris Island Lighthouse is transferred from the Department of Natural Resources to the Budget and Control Board.  The board is authorized and directed on behalf of the State of South Carolina to execute all necessary agreements concerning Section 103 funds available from the federal government.  The State will be responsible for all financial commitments arising from the Section 103 agreements.
     72.84.      (GP: H.L. Hunley Museum Location)  The General Assembly approves the City of North Charleston as the permanent site of the H.L. Hunley Museum.  This approval is contingent upon the negotiation and execution of necessary contracts between the State of South Carolina and the City of North Charleston.  The Hunley Commission is directed to expend funds from its account to negotiate and execute contracts on behalf of the State of South Carolina.
     72.85.      (GP: Secure Juvenile Confinement)  The Attorney General shall review the interpretation of the current policies of the Department of Public Safety and the Department of Corrections regarding secure juvenile confinement that the departments indicate may jeopardize federal grant funds.  The departments may not implement any changes to the current policies regarding secure juvenile confinement until the Attorney General considers the departments' interpretation of the federal Juvenile Justice and Delinquency Prevention Act in regard to the secure holding of juveniles for more than six hours in adult detention facilities that also serve as 48-hour juvenile holdover facilities.  The Attorney General will determine if the departments' interpretation is fair and equitable and how the local governments and the Department of Juvenile Justice would be impacted, to include any financial considerations.
     72.86.      (GP: State Health Plan - Experience Rating for Local Disabilities and Special Needs Boards)  With respect to the Budget and Control Board's experience rating of all optional groups participating in the State employee health insurance program under the authority of Section 1-11-720, all local Disabilities and Special Needs providers are authorized under Subsection (A)(3) will be rated as a single group.
     72.87.      (GP: Commission on Healthcare Access)  There is hereby created the South Carolina Commission on Healthcare Access to be composed of seven members as follows: (1) two members to be appointed by the Chairman of the Senate Finance Committee; (2) two members to be appointed by the Chairman of the House Ways and Means Committee; (3) the Director of the Department of Insurance and the Director of the Department of Health and Human Services shall serve as ex officio members of the commission; (4) a seventh member to be appointed by the Governor who shall serve as chairman.  A vacancy on the commission must be filled in the manner of original appointment.  A quorum for transacting business at all meetings of the commission shall consist of a majority of the membership of the commission.  The commission shall meet as often and at any location in the State as the commission considers necessary or expedient for the duration of the commission's existence as provided by this joint resolution.
     The commission's objectives include: (1) providing the direction and leadership for implementing a plan for a Medicaid Expansion Program for working adults of small business.  The commission shall consider a program that will provide a statewide employer coverage option that would cover all of the employees in a group plan, and that would subsidize the premium for individuals/families whose income falls at or below one hundred fifty percent of the federal poverty level; (2) developing appropriate legislation that will allow existing and new nonprofit community-based health care programs to raise funds through prepayment fees.  These fees are to be used to expand programs, increase participant size, or increase provider reimbursement.  The plan design, fees, and networks must be based on the community needs; (3) seeking funding to develop educational programs to prepare South Carolinians to be more informed health care consumers and the beneficiaries of this should include children, adults, employers, and providers.
     To accomplish the objectives of subsection (B), the commission, in its discretion, may: (1) receive testimony of employees of the State or other witnesses who may assist the commission in its duties; (2) call for assistance in the performance of its duties from employees or agencies of the State or of its political subdivisions; and (3) adopt by majority vote rules not inconsistent with this resolution it considers proper with respect to matters relating to the discharge of its duties pursuant to this resolution.
     The members of the commission shall serve without compensation and may not receive the per diem, mileage, and subsistence as allowed by law for members of state boards, committees, and commissions when engaged in the exercise of their duties as members of the commission.  The commission shall receive staff support from the Governor's Office, the Department of Insurance, the Department of Health and Human Services, the Senate, and the House of Representatives.  The commission is empowered to receive and disburse state and federal grants for furtherance of the commission's objectives.  All executive departments and agencies of the state government shall cooperate with the commission in the performance of its duties.  The commission shall publish on the Department of Insurance's web-site agendas, minutes, and related commission information.
     72.88.      (GP: Reassessment Implementation)  Notwithstanding the provisions of Section 12-43-217 of the 1976 Code, the governing body of a county that pursuant to the provisions of Section 3.SS.1, Act 69 of 2003, postponed implementation of the values determined in a countywide assessment and equalization program until 2004, by ordinance may postpone the implementation for one additional property tax year.
     72.89.      (GP: ISCEDC Funding Transfer)  The departments of Mental Health, Disabilities and Special Needs, and Juvenile Justice are directed to transfer a total of $1,199,456 in funds to the Department of Social Services for the support of the Interagency System for Caring for Emotionally Disturbed Children.  Funding transfers shall be in the following amounts:  Department of Mental Health - $595,000, Department of Disabilities and Special Needs - $379,456, and Department of Juvenile Justice - $225,000.  The transfer of funds shall be accomplished by September 30 of the current fiscal year.
     72.90.      (GP: Employee Bonuses)  State agencies and institutions are allowed to spend state, federal, and other sources of revenue to provide selected employees lump sum bonuses, not to exceed two thousand dollars per year, based on objective guidelines established by the Budget and Control Board.  Payment of these bonuses is not a part of the employee's base salary and is not earnable compensation for purposes of employee and employer contributions to respective retirement systems.
     72.91.      (GP: FEMA Flexibility)  Any appropriation designated as the state share for a federally declared disaster may be carried forward and used for the same purpose by the Emergency Management Division of the Adjutant General's Office in the event of additional federally declared disasters.  Unallocated funds from established state accounts may be used as the state share in any federally declared disaster.  Such funds may not be expended for any purpose other than for the state share for a federally declared disaster.
     In the event there is a federally declared disaster and state match funds are unavailable, the State Budget and Control Board may borrow from any internal account or accounts necessary to maximize federal matching funds through the Emergency Management Division.  Any such borrowing must be reported to the General Assembly within 5 days.  Funds borrowed from accounts shall be replenished by the General Assembly as soon as practicable.
     72.92.      (GP: Respiratory Syncytial Virus Prescription Sales and Use Tax Exemption)  The effective date of the exemption from sales and use tax of prescription medicines used to prevent respiratory syncytial virus shall be January 1, 1999.  No refund of sales and use taxes may be claimed as a result of this provision.
     72.93.      (GP: Law Enforcement Officers Pay Increase)  All funds appropriated for law enforcement salary increases above the amount appropriated for base pay increases for state employees pursuant to proviso 63.32 must be distributed on or after July 1, 2005, to those law enforcement officers in the following agencies based upon the Law Enforcement Salary Review by the State Budget and Control Board:  Department of Public Safety, State Law Enforcement Division, Department of Natural Resources, Department of Juvenile Justice, Department of Corrections, and Department of Probation, Parole and Pardon Services.  Twenty-five Department of Juvenile Justice officers that were not included in the study shall receive this additional salary increase.
     72.94.      (GP: Criminal Justice Academy)  To the extent that funds are available from the Sinking Fund, the Budget and Control Board shall transfer up to $2,000,000 to the Department of Public Safety Criminal Justice Academy for Academy Training Courses Refurbishment.
     72.95.      (GP: Photo Identification Card)  The Department of Corrections and the Department of Probation, Parole and Pardon Services are directed to work with the Department of Motor Vehicles to develop and implement a plan for providing inmates who are being released from a correctional facility with a valid photo identification card.  To the extent that funds are available from an individual inmate's account, the Department of Corrections or the Department of Probation, Parole and Pardon Services shall transfer five dollars to the Department of Motor Vehicles to cover the cost of issuing the photo identification card.  The Department of Motor Vehicles shall use existing resources and technology to produce the photo identification card.
     72.96.      (GP: Year-End Financial Statements - Penalties)  Agencies and other reporting entities required to submit annual audited financial statements for inclusion in the State's Comprehensive Annual Financial Report must comply with the submission dates stipulated in the State Auditor's Office audit contract.  If the audit was not contracted by the State Auditor's Office, the final audited financial statements are due not later than October 15 for the prior fiscal year.  Each agency that does not comply with the provisions of this proviso shall appear before the Budget and Control Board, providing an explanation for the delay.
     72.97.      (GP: Workers' Compensation for Voluntary Constables)  For Fiscal Year 2005-06 2006-07, a voluntary constable appointed pursuant to Section 23-1-60, of the 1976 Code, as amended, must be included under the provisions of the workers' compensation laws only while performing duties in connection with his appointment and as authorized by the State Law Enforcement Division.  The workers' compensation premiums for these constables must be paid from the funds appropriated for this purpose upon warrant of the Chief of the State Law Enforcement Division.
     72.98.      (GP: Purchase Card Incentive Rebates)  In addition to the Purchase Card Rebate deposited in the general fund, any incentive rebate premium received by an agency from the Purchase Card Program may be retained and used by the agency to support its operations.
     72.99.      (GP: Earmarked and Restricted Accounts Study Committee)  A Joint Study Committee on Earmarked and Restricted Accounts is established to review all agency earmarked and restricted accounts as defined by the Comptroller General's records.  The joint study committee shall be composed of three members appointed by the Speaker of the House of Representatives, three members appointed by the President Pro Tempore of the Senate, three members appointed by the Chairman of the House Ways and Means Committee and three members appointed by the Chairman of the Senate Finance Committee.  Members may appoint their designee from either the public or private sector of the state.  Personnel of the Senate and the House of Representatives must staff the committee with assistance from any state agency or division as needed.  Findings and recommendations shall be reported to the General Assembly by January 9, 2007.  Upon submission of the findings, the committee shall be dissolved.
     72.100.      (GP: Exempt Subfunds)  The following Statewide Accounting and Reporting System (STARS) subfunds are exempt from the provisions of Section 7, Act 156 of 2005:
           (1)      Department of Motor Vehicles                  Subfund 3264 - Operating Revenue;
           (2)      Comptroller General's Office                  Subfund 4007 - Unemployment Compensation;
           (3)      State Accident Fund                                          Subfund 4033 - Workers' Compensation Fund;
           (4)      Budget and Control Board                        Subfund 4161 - Insurance Reserve Fund; and
           (5)      Budget and Control Board                        Subfund 4202 - State Life and LTD.
     The General Assembly has determined that the above referenced funds do not constitute trust funds.  Therefore, these funds shall be included in the study of earmarked and restricted accounts required by proviso 72.99.
     72.101.      (GP: Competitive Grants Funds Carry Forward)  Unexpended funds appropriated/authorized to the Department of Health and Environmental Control, the Department of Parks, Recreation, and Tourism, the Department of Commerce, and the Budget and Control Board for a competitive grants program shall be carried forward into the current fiscal year and shall be used for the same purpose.
     72.102.      (GP: Law School Educational Fee Waiver) For Fiscal Year 2006-2007, a public institution of higher learning with a law school may offer fee waivers to no more than four percent of the law school student body.  This waiver shall not impact the capacity of the fee waivers for four percent of the undergraduate student body.
     72.103.      (GP: Mass Transit Study)  There is created a joint study committee staffed by the State Budget and Control Board to examine mass transit programs throughout the state and report on the status of the programs, their current levels of funding, and the potential availability of additional funds and expansion of mass transit systems throughout the state and the creation of a transit authority for better coordination of the programs, excluding the state public school bus system.  The committee shall issue the report to the General Assembly by March 15, 2007 at which time the committee shall dissolve.  The study committee may retain consultant services for development of a Request for a Proposal from individuals or organizations that can assist with coordinating transit services.
     The committee shall be composed of the following members:
           (1)      two members appointed by the Governor, one of which must represent the transportation community;
           (2)      two members appointed by the President Pro Tempore of the Senate, one of which must represent the transportation community;
           (3)      two members appointed by the Speaker of the House of Representatives, one of which must represent the transportation community;
           (4)      the Chairman of the Senate Finance Committee, or his designee;
           (5)      the Chairman of the Senate Transportation Committee, or his designee;
           (6)      the Chairman of the House Ways and Means Committee, or his designee;
           (7)      the Chairman of the House Education and Public Works Committee, or his designee;
           (8)      two members appointed by the Executive Director of the South Carolina Budget and Control Board;
           (9)      the Executive Director of the Department of Transportation, or his designee;
           (10)      the Executive Director of the South Carolina Transportation Association, or his designee; and
           (11)      two members representing the Council of Governments.
     All appointments shall be made by July 30, 2006.  The study committee members shall serve without compensation.  No two appointees may represent the same state agency or private association.  Those individuals making appointments shall notify the Executive Director of the South Carolina Budget and Control Board of their appointments and the Executive Director of the South Carolina Budget and Control Board shall call the initial meeting.  The Executive Director of the South Carolina Budget and Control Board or his designee shall preside as chairman.
     72.104.      (GP: Medicaid Behavioral Needs Study)  The Department of Health & Human Services is authorized to develop a comprehensive, coordinated system of care to address the behavioral health needs of the State's Medicaid recipients in cooperation with the Department of Mental Health, the Department of Disabilities and Special Needs and the Department of Alcohol and Other Drug Abuse Services.
SECTION 73 - X91 - STATEWIDE REVENUE

     73.1.      (SR: Year End Expenditures)  Unless specifically authorized herein, the appropriations provided in Part I of this Act as ordinary expenses of the State Government shall lapse on  July 31, 2006 2007.  State agencies are required to submit all current fiscal year input documents to the Comptroller General's Office by July 18, 2006 July 17, 2007.  Appropriations for Permanent Improvements, now outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which such appropriations were provided, unless definite commitments shall have been made, with the approval of the State Budget and Control Board and Joint Bond Review Committee, toward the accomplishment of the purposes for which the appropriations were provided.  Appropriations for other specific purposes aside from ordinary operating expenses, now outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which such appropriations were provided, unless definite commitments shall have been made, with the approval of the State Budget and Control Board, toward the accomplishment of the purposes for which the appropriations were provided.
     73.2.      (SR: Law Enforcement Funding)  (A) In addition to all other assessments and surcharges, during the current fiscal year, a twenty-five dollar surcharge is also levied on all fines, forfeitures, escheatments, or other monetary penalties imposed in the general sessions court or in magistrates' or municipal court for misdemeanor traffic offenses or for nontraffic violations.  No portion of the surcharge may be waived, reduced, or suspended.  (B)(1)  The revenue collected pursuant to subsection (A) must be retained by the jurisdiction, which heard or processed the case and paid to the State Treasurer within thirty days after receipt.  The State Treasurer may retain the actual cost associated with the collection of this surcharge not to exceed $40,000.  The State Treasurer shall allocate and transfer quarterly the remaining revenue as follows:  37.75% of these funds quarterly to the circuit solicitors in the manner hereinafter provided, 22.10% to the Department of Juvenile Justice for the Coastal Evaluation Center, for Assault Prevention, and other federal lawsuit related expenses, 15% to the State Law Enforcement Division for its general purposes, 15% to the Department of Corrections for its general purposes, 3.75% to the Attorney General's Office for its general purposes, 3.75% to the Judicial Department for its general purposes, 1.55% to the Department of Natural Resources for statewide police responsibilities, 1% to the Office Appellate of Indigent Defense, Division of Appellate Defense for its general purposes, and 0.10% to the Forestry Commission for statewide police responsibilities.  The State Treasurer shall transmit the portion of these funds earmarked for the solicitors' offices to the Prosecution Coordination Commission which shall then apportion these funds among the circuit solicitors of this State on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States census.  The funds shall be used for the operation of the solicitors' offices, and the solicitor may use a portion of those funds to provide for drug courts in their judicial circuits.  (2)  The funds received by solicitors' offices pursuant to this paragraph in part are to replace the funds received by solicitors in the same year from judicial circuits state support pursuant to Paragraph 33.3 Judicial Circuits State Support.  As a result and notwithstanding the provisions of item (1) above, the State Treasurer shall withhold funds received under this paragraph for the benefit of the solicitors and transmit seventy-five percent of the aforementioned funds to the Highway Patrol Division (DPS) to be used for a new trooper class equipment, vehicle purchases, and associated vehicle expenditures, to include maintenance and gasoline, for the Highway Patrol and twenty-five percent of the aforementioned funds to the Judicial Department until such time as these deposits equal the amounts disbursed or to be disbursed to the solicitors under Paragraph 33.3 Judicial Circuits State Support.  Thereafter, any such funds received for the benefit of the solicitors shall be disbursed to them in the manner required in item (1) above.  (C)  It is the intent of the General Assembly that the amounts generated by this paragraph for use by the solicitors' offices shall be in addition to any amounts presently being provided by the county for these services and may not be used to supplant funding already allocated for these services by the county.  (D)  The State Treasurer may request the State Auditor to examine the financial records of any jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to subsection (B).  The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination.
     73.3.      (SR: Excess Debt Service Funds Carry Forward)  Excess debt service funds from the prior fiscal year may be carried forward and expended for debt service purposes in the current fiscal year.  The State Treasurer's Office is directed to carry forward $3,507,254 of Excess Debt Service funds from FY 2005-06 and credit such amount to the General Fund in FY 2006-07 to be used as a source to support appropriations.  Any remaining Excess Debt Service funds from FY 2005-06 may be carried forward and expended for debt service purposes in FY 2006-07.
     73.4.      (SR: Court Fee) The Family and Circuit Court filing fee shall be increased by $50.  This new revenue shall be allocated as follows:
           Judicial Department- $3,500,000;
           Indigent Defense- $750,000;
           Probation, Parole & Pardon- $582,000;
           Prosecution Coordination- $225,000; and
           Appellate Defense- $93,000.
     One hundred percent of the $50 increase must go to the above mentioned agencies to retain, expend and carry forward.
     73.5.      (SR:  Titling of Real Property)  It is the intent of the General Assembly to establish a comprehensive central property and office facility management process to plan for the needs of state government agencies and to achieve maximum efficiency and economy in the use of state owned or state leased real properties.  The Budget and Control Board is directed to identify all state owned properties whether titled in the name of the state or an agency or department, and all agencies and departments of state government are upon request to provide the Board all documents related to the title and acquisition of the real properties that are occupied or used by the agency or titled in the name of the agency.  Except for any properties where the Board determines title should not be in the name of the State because the properties are subject to reverter clauses or other restraints on the property, or where the Board determines the state would be best served by not receiving title, and with the exception of properties, highways and roadways owned by the Department of Transportation, title of any property held by or acquired by a state agency or department shall be titled in the name of the state under the control of the Budget and Control Board.  Titling in the name of the state shall not affect the operation or use of real property by an agency.
     This provision applies to all state agencies and departments except:  institutions of higher learning; the Public Service Authority; the Ports Authority; the South Carolina Division of Public Railways; the MUSC Hospital Authority; the Myrtle Beach Air Force Redevelopment Authority; the Department of Transportation; and the Charleston Naval Complex Redevelopment Authority.
     This provision is comprehensive and supersedes any conflicting provisions concerning title and acquisition and disposition of state owned real property whether in permanent law, temporary law or by provision elsewhere in this Act.
     The Budget and Control Board is directed to provide to the Department of Education, funds equal to the amount realized from the sale of the Greenville Halton Road Bus Shop property for school bus maintenance shop relocations, construction, and shop equipment.
     73.6.      (SR: Marriage Penalty Relief)  Except as otherwise provided, where reference is made to Section 12-6-40(A) of the 1976 Code for purposes of Title 12 of the 1976 Code, any tax year that ends in 2004 or 2005 or for estate tax purposes any decedent dying in 2004 or 2005, 'Internal Revenue Code' means the Internal Revenue Code of 1986, as amended through December 31, 2003, and includes the effective date provisions contained in it.
     For purposes of Sections 63 and 179 of the Internal Revenue Code, the amendments made by Sections 103 and 202 of the Jobs and Growth Tax Relief Reconciliation Act of 2003, P.L. 108-27 (May 28, 2003) are only effective for taxable years beginning in 2004 and 2005.
     73.7.      (SR: DMV Cash Surplus)  The Department of Motor Vehicles shall transfer $6,000,000 $4,000,000 to the State General Fund from DMV Operating Subfund 3264.
     In order to provide maximum flexibility to maintain critical programs, the department may, in lieu of the specific account identified above, opt to transfer an equal amount of funds from any agency earmarked or restricted account designated as "special revenue funds" as defined by the Comptroller General's records for this purpose.
     The above listed amount is transferred to the general fund of the state, and by this provision, this transfer is deemed to have occurred and, notwithstanding any other provision of law, these general fund revenues are available for appropriation as provided in this act.  Any restrictions concerning specific utilization of these funds are lifted for the specified fiscal year.
     73.8.      (SR: Tobacco Settlement)  Notwithstanding any other provision of law, and contingent upon the approval of the Tobacco Settlement Revenue Management Authority and parties to the trust agreement, the State Treasurer shall transfer an amount equal to $9,382,628 $8,000,000 from the unrestricted taxable proceeds portion of the principal of the Healthcare Tobacco Settlement Trust Fund established pursuant to Section 11-11-170(B)(1) of the 1976 Code to the Department of Health and Human Services to be expended as follows:  $6,382,628 for Medicaid; $2,000,000 for Prevention Partnership Grants; and $1,000,000 for Breast Cancer Screening and Treatment.  The State Treasurer is authorized and directed to transfer $160,000 to the Office of the Attorney General from the Operating Contingency Account of the Tobacco Settlement Management Authority for the further enforcement of Chapter 47 of Title 11, The Tobacco Escrow Fund Act, which will protect the payments to the State under the Master Settlement Agreement.
     73.9.      (SR: Excess School Bonds)  Notwithstanding any other provision of law, the State Treasurer shall transfer to the general fund all investment earnings held in Subfunds 4867 "State School Facilities Bonds Proceeds 2001A" and 47B8 "State School Facilities Bonds Proceeds 2002B", which investment earnings exceed the amount designated for allocation by the Department of Education under Section 59-146-50 of the 1976 Code.  By this provision this transfer is deemed to have occurred and notwithstanding any other provision of law, these general fund revenues are available for appropriation.
     73.10.      (SR: Increased Enforcement Collections)  For Fiscal Year 2005-06, the Department of Revenue shall continue its efforts pertaining to increased enforced collections as established in Fiscal Year 2004-05.
     The department may collect revenues from any source within its jurisdiction, which may include but is not limited to corporate, individual or sales tax collections but especially shall focus on enforced collections and outstanding liabilities.
     These funds shall be subsequently deposited in a fund separate and distinct from the general fund as established within the Office of the State Treasurer, except that any motor fuel funds collected as a result of the enforced collection efforts shall be distributed in the same manner as other motor fuel tax revenues are currently distributed.  For the fiscal year beginning July 1, 2005 and ending June 30, 2006, the State Treasurer shall disburse the following funds on a quarterly basis:
     E16      State Treasurer's Office
                 Barnwell Subfund 4693 Atmc Wste Brl Fd-Chm Nclr      $      20,472,134;
     J04      Department of Health & Environmental Control
                 Pinewood Trust Fund Subfund 4641 Haz Waste-Permitted Site Fd      $      942,290;
     R14      Patients' Compensation Fund
                 Subfund 4484 Patients Compensation Fund      $      1,499,559;
     D17      Governor's Office of Executive Policy and Programs
                 Subfund 4649 USDA-TLAP      $      79,485;
     E16      State Treasurer's Office
                 Governor's Teaching School Loan Program Subfund 4019      $      2,000,000;
                 Subfund 4066 Disaster Trust Fund      $      1,250;
                 Subfund 4455 SVA Cumulative Snkg Fd 88      $      164,114;
                 Subfund 4557 SVA Special Tax Fund 1988      $      66,074;
                 Subfund 4612 Asbestos Expense Trust      $      24,157;
                 Subfund 4694 Loan Fund-St. Ed Ast Auth      $      1,278,710;
                 Subfund 4731 General Ser Ds-Gen Fund      $      15,065;
                 Subfund 4732 General Ser Ds-Ins Res Fund      $      3,188;
                 Subfund 4895 Confiscated Cash      $      4,761;
     E23      Commission on Indigent Defense
                 Subfund 4313 Indigent Def Services Fund      $      78,553;
     F03      Budget and Control Board
                 Subfund 4153 Funded Debt-Sinking Fund      $      1,737;
                 Subfund 4154 Ordinary Sinking Fund      $      54,717;
                 Subfund 4190 Fed Surplus Property Fd      $      10,257;
                 Subfund 4343 SC Infrastructure Loan Fund      $      824,318;
                 Subfund 4821 PVE-First Stage Restitution      $      15,026;
     J02      Department of Health & Human Services
                 Subfund 4176 Nursing Home Sanctions      $      96,900;
     J04      Department of Health & Environmental Control
                 Subfund 4545 Waste Tire Grant Trust Fund      $      541,329;
                 Subfund 4546 Petroleum Fund      $      280,891;
                 Subfund 4865 Solid Waste Mgmt Trust Fund      $      103,919;
                 Subfund 4906 Superb Fin Responsibility      $      230,474;
                 Subfund 4971 Infectious Waste Contingency Fd      $      21,414;
                 Subfund 4977 Infectious Waste Cnty Entitle Fd      $      4,773;
     J20      Department of Alcohol & Other Drug Abuse Services
                 Subfund 4784 Revolving Loan Fund      $      14,882;
     K05      Department of Public Safety
                 Subfund 4547 Uninsured Enforcement Fund      $      70,904;
     P16      Department of Agriculture
                 Subfund 4308 Whse Receipts Guarantee      $      241,499;
                 Subfund 4358 Grain Producers Guaranty Fund      $      269,410;
     P24      Department of Natural Resources
                 Subfund 4189 SC Aquatic Plant Man Tr Fd      $      16,913;
                 Subfund 4373 Nongame Wildlife & Natural Areas      $      9,794;
                 Subfund 4395 Mitigation Trust Fund      $      439,291;
                 Subfund 4520 Heritage Land Trust Fund      $      212,643;
                 Subfund 4795 Jocassee Gorges Trust Fund      $      17,002;
     P28      Department of Parks, Recreation, and Tourism
                 Subfund 4278 Recreation Land Trust      $      159,337;
                 Subfund 4279 Gifts & Endowments Trust      $      41,334;
     P36      Patriots Point Development Authority
                 Subfund 4049 Donations-Restricted      $      14,225;
                 Subfund 4133 Admissions Revenue      $      59,842;
     P32      Department of Commerce-Public Railways Commission
                 Subfund 4816 Capital Improvement      $      26,591;
     E04      Lieutenant Governor's Office
                 Subfund 4508 Sr Cit Ctrs Perm Imp Fund      $      332,516;
     H63      Department of Education
                 EFA Hold Harmless      $      14,225,833;
     R52      State Ethics Commission
                 Electronic Filing System       $      318,000;
     A20      Legislative Audit Council
                 Operating expenses      $      70,000;
     J02      Department of Health and Human Services
                 Health Care Information & Referral Network      $      104,142;
     H03      Commission on Higher Education
                 African American Loan Program      $      100,000;
     P21      South Carolina State-PSA
                 Maintain Federal Match      $      452,000;
     H15      University of Charleston
                 School of Business: Office of Tourism Analysis      $      129,000;
                 Lowcountry Graduate Center      $      100,000;
                 Avery Research Center      $      100,000;
     H18      Francis Marion University
                 Omega Project      $      18,853;
                 Francis Marion Trail      $      110,000;
     H27      University of South Carolina - Columbia
                 Poison Control Center      $      200,000;
                 Augusta Baker Chair for Childhood Literacy      $      1,500,000;
     H12      Clemson University
                 Call Me Mister      $      1,300,000;
     H51      Medical University of South Carolina
                 Hollings Cancer Center      $      500,000;
     H59      State Board for Technical and Comprehensive Education
                 Piedmont Technical College - Nursing Program      $      250,000;
                 Horry-Georgetown Technical College - Nursing Program      $      235,000;
     H47      Winthrop University
                 Thurmond College of Business Administration      $      1,000,000;
     K05      Department of Public Safety
                 High Mileage Vehicle Replacement      $      1,500,000;
     U12      Department of Transportation
                 State Ports Authority Access Road Study      $      100,000;
     E24      Adjutant General's Office
                 Air Guard      $      100,000;
                 Emergency Preparedness Federal Match      $      1,000,000;
     U12      Department of Transportation
                 Mass Transit      $      1,300,000;
     F03      Budget and Control Board
                 Geodetic Mapping      $      250,000;
                 Reimbursement for Graniteville Disaster Relief      $      340,000;
                 Office of Research & Statistics:  Election File Merging      $      65,000;
                 Maritime Collection Maintenance & Security      $      100,000;
                 Veterans Cemetery      $      250,000;
     P28      Department of Parks, Recreation & Tourism
                 Competitive Grants Program      $      56,727;
                 European Advertising       $      1,000,000;
     P16      Department of Agriculture
                 Waste Pesticide Federal Match      $      75,000;
     E28      Election Commission
                 Statewide Primaries and Run-offs      $      3,335,000.
     The funds in this account shall be appropriated for the purposes herein and disbursed quarterly on a pro rata basis as revenue is received subject to the minimum quarterly enforced collections restrictions below; however, no agency shall expend funds appropriated in this provision until they are received by that agency.  Unexpended funds appropriated pursuant to this proviso may be carried forward to succeeding fiscal years and expended for the same purpose.
     Any excess revenue collected after the above items are fully funded shall be credited to the South Carolina Budget and Control Board Grants Program.
     To insure that customary and usual enforced collections are unaffected by this paragraph, the Office of the State Treasurer may not disburse funds from the new account until the following schedule of enforced collections are collected by the Department of Revenue by the end of each quarter in the fiscal year.  If quarterly enforced collections do not reach the required levels, distributions from the new account are suspended for that quarter.  However, the suspended distribution from the new account shall be made up in subsequent quarters.  The required enforced collections by the end of each quarter (excluding amounts in the new account created by the department) are:
           July to September 2005            $  60,000,000;
           October to December 2005            $120,000,000;
           January to March 2006            $210,000,000;
           April to June 2006            $300,000,000.
     The Department of Revenue shall report on a quarterly basis to the finance committees of the General Assembly and to the Board of Economic Advisors on the collections received in this fund.
     If revenues collected and deposited into the new account are less than the amounts appropriated, agencies receiving appropriations shall have their appropriations reduced on a pro rata basis.
     The Executive Director of the Budget and Control Board is authorized to use excess appropriations for the current fiscal year, as determined by the Director of the Office of State Budget, designated for statewide employer contributions for other statewide purposes.  At the discretion of the Executive Director of the Budget and Control Board, such action may be considered a permanent transfer into the receiving agency's base budget.  Funds appropriated in F30, Section 63B, Budget and Control Board, Employee Benefits may be carried forward from the prior fiscal year into the current fiscal year.
     73.11.      (SR: Unobligated General Fund Revenue)  (A)  The source of general fund revenue appropriated in this provision is $286,877,347 of Fiscal Year 2004-05 unobligated general fund revenue as certified by the Board of Economic Advisors.  This revenue is deemed to have occurred and is available for use in Fiscal Year 2005-06 after September 1, 2005, following the Comptroller General's close of the state's books on Fiscal Year 2004-05.
     (B)      From such Fiscal Year 2004-05 unobligated general fund revenues the appropriations in this provision are listed in priority order.  Items (1), (2), and (3) must be funded first and each remaining item must be fully funded before any funds are allocated to the next item.  Provided, however, that any individual item may be partially funded in the order in which it appears to the extent that revenues are available.
     The following sums are appropriated for the purposes stated:
     (1)      F31      General Reserve Fund
                 a)      General Reserve Fund Full Restoration      $      28,333,866;
                 b)      General Reserve Fund Full Restoration      $      50,000,000;
     (2)      Unobligated Surplus in Part 1A      $      144,295,290;
     (3)      F03      Budget & Control Board
                 a)      National Guard Pension Fund  (F30)      $      972,902;
                 b)      National Guard Pension Fund - Administration      $      200,000;
     (4)      H63      Department of Education
                 School Buses      $      5,000,000;
     (5)      H63      Department of Education
                 School Bus Fuel      $      4,000,000;
     (6)      H03      Commission on Higher Education
                 Greenville University Center      $      800,000
     (7)      H24      SC State University
                 a)      Transportation Center - Federal Match      $      748,365;
                 b)      Business School Accreditation Support      $      89,365;
     (8)      J04      Department of Health and Environmental Control
                 Beach Renourishment Trust Fund      $      5,000,000;
     (9)      H51      Medical University of South Carolina
                 Nursing Clinical Teaching Lab      $      1,500,000;
     (10)      E21      Prosecution Coordination Commission
                 Solicitors Victim/Witness Assistance Programs      $      440,000;
     (11)      H63      Department of Education
                 SC Alliance of Boys & Girls Clubs, Inc.      $      1,000,000;
     (12)      J04      Department of Health and Environmental Control
                 Competitive Grants      $      2,800,000;
     (13)      P28      Department of Parks, Recreation & Tourism
                 Competitive Grants       $      3,000,000;
     (14)      P32      Department of Commerce
                 a)      Competitive Grants       $      500,000;
                 b)      Airport Match      $      5,000,000;
     (15)      N04      Department of Corrections
                 Substance Abuse Programs      $      1,802,000;
     (16)      F03      Budget & Control Board
                 a)      Competitive Grants      $      3,000,000;
                 b)      Morris Island Lighthouse      $      500,000;
                 c)      Accountability Strategy for SC Prevention Programs Study      $      70,000;
                 d)      Expansion of Heritage Corridor       $      500,000;
     (17)      H03      Commission on Higher Education
                 SC Manufacturing Extension Partnership      $      1,200,000;
     (18)      L04      Department of Social Services
                 a)      Children in Crisis      $      500,000;
                 b)      The Lacy House      $      200,000;
     (19)      Budget and Control Board
                 City of Florence Downtown Redevelopment      $      1,000,000;
     (20)      K05      Department of Public Safety
                 Bureau of Protective Services Operating Expenses      $      119,973;
     (21)      J02      Department of Health & Human Services
                 Health Care Information & Referral Network      $      111,858;
     (22)      H18      Francis Marion University
                 Center for the Child, Construction      $      2,000,000;
     (23)      H59      State Board for Technical and Comprehensive Education
                 Spartanburg Technical College - Cherokee Expansion      $      2,000,000;
     (24)      E24      Adjutant General
                 State Guard Other Operating Expenses      $      200,000;
     (25)      P12      Forestry Commission
                 Chesterfield County School District      $      150,000;
     (26)      F03      Budget and Control Board
                 Maritime Collection Maintenance & Security      $      75,000;
     (27)      C05      Administrative Law Judges
                 Case Management System      $      250,000;
     (28)      H63      Department of Education
                 Adult Education Literacy Community Based Organizations      $      250,000;
     (29)      P16      Department of Agriculture
                 Inspections      $      626,000;
     (30)      J02      Department of Health and Human Services
                 Rural Hospital Grants      $      3,000,000;
     (31)      H03      Commission on Higher Education
                 Statewide Electronic Library      $      2,000,000;
     (32)      P28      Department of Parks, Recreation, and Tourism
                 Heritage Corridor/Willington on the Way      $      350,000;
     (33)      N04      Department of Corrections
                 Matching Funds for Faith-Based Programs      $      100,000;
     (34)      N12      Department of Juvenile Justice
                 Matching Funds for Faith-Based Programs      $      100,000;
     (35)      P32      Department of Commerce
                 I-26/I-95 Corridor Project      $      950,000;
     (36)      H87      State Library
                 Williamsburg County Children's Library      $      450,000;
     (37)      D10      Governor's Office- State Law Enforcement Division
                 Voluntary Constables Workers' Compensation Premiums      $      59,000;
     (38)      H36      University of South Carolina-Beaufort
                 Penn Center      $      500,000;
     (39)      H59      State Board for Technical and Comprehensive Education
                 Florence-Darlington Technical College-Mullins Satellite Campus      $      350,000;
     (40)      D10      Governor's Office-State Law Enforcement Division
                 Marlboro County Sheriff's Department Building      $      250,000;
     (41)      P28      Department of Parks, Recreation, and Tourism
                 Walhalla Civic Auditorium      $      250,000;
     (42)      P28      Department of Parks, Recreation & Tourism
                 Battle of Camden Land Acquisition      $      200,000;
     (43)      H24      South Carolina State University
                 Program Enhancement and Deferred Maintenance      $      1,500,000;
     (44)      H09      The Citadel
                 Deferred Maintenance      $      500,000;
     (45)      H12      Clemson University
                 Engineering Research Centers      $      408,728;
     (46)      H12      Clemson University
                 Deferred Maintenance      $      400,000;
     (47)      H17      Coastal Carolina University
                 Science Building Support      $      500,000;
     (48)      H21      Lander University
                 Deferred Maintenance      $      1,000,000;
     (49)      H27      University of South Carolina
                 Deferred Maintenance      $      475,000;
     (50)      H29      University of South Carolina - Aiken
                 Deferred Maintenance      $      250,000;
     (51)      H37      University of South Carolina - Lancaster
                 Deferred Maintenance      $      100,000;
     (52)      H38      University of South Carolina - Salkehatchie
                 Deferred Maintenance      $      100,000;
     (53)      H39      University of South Carolina - Sumter
                 Deferred Maintenance      $      250,000;
     (54)      H40      University of South Carolina - Union
                 Deferred Maintenance      $      100,000;
     (55)      H59      State Board for Technical and Comprehensive Education
                 Deferred Maintenance:
                 a)      Aiken Technical College      $      100,000;
                 b)      Central Carolina Technical College      $      100,000;
                 c)      Denmark Technical College      $      100,000;
                 d)      Florence-Darlington Technical College      $      100,000;
                 e)      Greenville Technical College      $      100,000;
                 f)      Horry-Georgetown Technical College      $      100,000;
                 g)      Midlands Technical College      $      100,000;
                 h)      Northeastern Technical College      $      100,000;
                 i)      Piedmont Technical College      $      100,000;
                 j)      Technical College of the Lowcountry      $      100,000;
                 k)      Tri-County  Technical College      $      100,000;
                 l)      Trident Technical College      $      100,000;
                 m)Williamsburg Technical College      $      100,000;
                 n)      York Technical College       $      100,000;
     (56)      H59      State Board for Technical and Comprehensive Education
                 Special Schools      $      3,000,000;
                 Total            $      286,877,347.
     Unexpended funds appropriated pursuant to this provision may be carried forward to succeeding fiscal years and expended for the same purposes.  This provision takes effect July 1, 2005.
     Funds appropriated for school bus purchases may be used to purchase buses and fuel.  Any amount appropriated to purchase school bus fuel not expended for that purpose must lapse to the general fund.
     Funds appropriated to the Department of Education for Adult Education Literacy Community Based Organizations are to be equally distributed among the adult education literacy community based organizations.
     The $440,000 appropriated above for Solicitors Victim/Witness Assistance Programs shall be apportioned among the circuits on a per capita basis and based upon the official census of 2000.  Payment shall be made as soon after the beginning of each quarter as practical.
     73.12.      (SR: Employee Benefits Carry Forward)  Of the funds carried forward from the prior fiscal year in F30, Section 63B, Budget and Control Board, Employee Benefits, the Budget and Control Board shall transfer $500,000 to the Department of Public Safety for psychological testing services and $2,327,835 to the General Fund.
     73.13.      (SR: Trust Fund Repayment)  If the Comptroller General determines upon the closing of the state's financial books for Fiscal Year 2004-05, that the State has a negative Generally Accepted Accounting Principles Fund balance (GAAP Fund Deficit), the expenditure of surplus general fund revenues by this provision are suspended and must be used to the extent necessary to offset the GAAP Fund Deficit.  A negative GAAP Fund balance is defined as the amount remaining after subtracting all state liabilities and reserve funds from state assets on an accrual basis.
     73.14.      (SR: Unobligated FY 05-06 General Fund Revenue)  (A)  The source of general fund revenue appropriated in this provision is $295,227,083 of Fiscal Year 2005-06 unobligated general fund revenue as certified by the Board of Economic Advisors.  This revenue is deemed to have occurred and is available for use in Fiscal Year 2006-07 after September 1, 2006, following the Comptroller General's close of the state's books on Fiscal Year 2005-06.
     (B)      From such Fiscal Year 2005-06 unobligated general fund revenues the appropriations in this provision are listed in priority order beginning with item (1) and each separate appropriation item or subitem must be fully funded before the next item or subitem in order is paid.  Provided, however, that any individual item may be partially funded in the order in which it appears to the extent that revenues are available.
     The following sums are appropriated for the purposes stated:
           (1)      Trust Fund Repayment:
                             a)      D17-Governor's Office OEPP - Subfund 4892 Legacy Trust Fund      $      1,801;
                             b)      E16-State Treasurer's Office:
                                         i)      Subfund 4070 SC Housing Trust Fund      $      6,475,569;
                                         ii)      Subfund 4693 Atmc Wste Brl Fd-Chm Nclr (Barnwell)      $      64,634,813;
                                         iii)      Subfund 43A8 Barnwell Economic Development Fund      $      596,616;
                                         iv)      Subfund 4843 Local Option Sales Tax      $      163,568;
                                         v)      Subfund 4955 911 Phone Surcharge      $      9,408,399;
                             c)      F03-Budget and Control Board - Subfund 3774 Reserve Accounts      $      2,600,000;
                             d)      J04-Department of Health & Environmental Control:
                                         i)      Subfund 3157 Environmental Protection Fnd, Subfund 4545
                                               Waste Tire Grant Trust Fund, Subfund 4546 Petroleum Fnd      $      4,000,000;
                                         ii)      Subfund 4984 SUPERB Account      $      941,340;
                             e)      L32-Housing Authority - Subfund 4797 SHA Program Fund      $      1,617,784;
                             f)      P28-Department of Parks, Recreation, & Tourism
                                         Subfund 4126 PRT Development Fund      $      276,379;
                             g)      R12-State Accident Fund - Subfund 4168 Escrow Funds      $      22,257;
                             h)      R04-Public Service Commission  - Subfund 3035      $      1,900,000;
                             i)      R36-Department of Labor, Licensing, & Regulation:
                                         i)      Subfund 3035 Operating Revenue      $      500,000;
                                         ii)      Subfund 3135 POLA Revenue      $      1,997,509;
                                         iii)      Subfund 3173 Education & Research Fund      $      124,561;
                                         iv)      Subfund 3730 Vacation Time Sharing Recognition       $      252,980;
                                         v)      Subfund 4592 Auctioneer Recovery Fund      $      136,899;
                             j)      P32-Department of Commerce-Public Railways Commission:
                                         i)      Subfund 4813 E Cooper & Berkeley RR      $      2,193,850;
                                         ii)      Subfund 4814 Operating & Maintenance      $      745,277;
           (2)      Unobligated Surplus in Part 1A      $      16,983,752;
           (3)      Property Tax Relief Act H.4449      $      116,808,791;
           (4)      E28-State Election Commission
                             Statewide Voter Registration System      $      300,000;
           (5)      H63-Department of Education
                             a)      School Transportation-Fuel      $      9,784,856;
                             b)      Instructional Materials      $      3,144,273;
           (6)      P32-Department of Commerce
                             a)      Competitive Grants      $      500,000;
                             b)      Closing Fund Competitive Recruitment      $      7,000,000;
                             c)      Hydrogen/Fuel Cell Coalition and Equipment      $      81,230;
                             d)      Capital Access Program      $      3,000,000;
           (6.1)            In order to encourage and facilitate economic development, the $7,000,000 appropriated for the Closing Fund for competitive recruitment purposes shall be used as approved by the Director of the Department of Commerce in consultation with the Coordinating Council for Economic Development.
           (7)      J16-Department of Disabilities and Special Needs
                             Transit Support      $      168,000;
           (8)      J02-Department of Health and Human Services
                             a)      Health Care Information Referral Network      $      216,000;
                             b)      Targeted Case Management      $      17,000,000;
           (9)      J04-Department of Health and Environmental Control
                             a)      Competitive Grants      $      2,800,000;
                             b)      SC Birth Defects Program      $      244,250;
           (10)      N04-Department of Corrections
                             Second Chance Barn      $      50,000;
           (11)      H63-Department of Education
                             a)      First Steps-Georgetown County First Steps Grant Match      $      78,485;
                             b)      First Steps Early Childhood Initiative-Pilot Program      $      4,000,000;
           (12)      H71-Wil Lou Gray Opportunity School
                             Personal Service      $      300,000;
           (13)      H75-School for the Deaf and the Blind
                             Extend School Year      $      699,006;
           (14)      H03-Commission on Higher Education
                             Manufacturing Extension Partnership      $      1,200,000;
           (15)      H59-State Board for Technical and Comprehensive Education
                             Center for Accelerated Technology Training      $      1,200,000;
           (16)      H87-State Library
                             DISCUS Content Enhancement      $      250,000;
           (17)      H95-State Museum
                             Acquisitions/Collections      $      200,000;
           (18)      P16-Department of Agriculture
                             Marketing & Promotions-SC Quality Program      $      400,000;
           (19)      P28-Department of Parks, Recreation, and Tourism
                             Competitive Grants      $      3,000,000;
           (20)      D10-Governor's Office-State Law Enforcement Division
                             a)      800 MHz Statewide User Fees      $      250,000;
                             b)      Workers' Compensation Premiums for Voluntary Constables      $      45,000;
           (21)      E24-Adjutant General's Office
                             State Regional District Operations Program      $      203,088;
           (22)      H24-SC State University
                             Obesity Program      $      300,000;
           (23)      F03-Budget and Control Board
                             a)      Geodetic Mapping      $      250,000;
                             b)      Demolition of Park Buildings      $      470,750;
                             c)      SE Regional Settlement      $      395,000;
                             d)      Operating Expenses      $      1,298,973;
                             e)      SC National Heritage Corridor      $      250,000;
                             f)      Manufacturing Alliance "Made in South Carolina"      $      500,000;
                             g)      Competitive Grants      $      3,000,000;            and
                             h)      Veterans' Cemetery      $      266,027;
           Total            $      295,227,083.
     Unexpended funds appropriated pursuant to this provision may be carried forward to succeeding fiscal years and expended for the same purposes.  If H. 4449 is not enacted during 2006 and does not take effect, the $116,808,791 appropriated in item (3) of this provision for "Property Tax Relief Act H. 4449" shall be transferred to the Spending Limit Reserve Fund and used for the purposes as provided for in proviso 73.15, the Spending Limit Reserve Fund.  This provision takes effect July 1, 2006.
     73.15.      (SR: Spending Limit Reserve Fund)  (A)  There is created in the State Treasury a fund separate and distinct from the general fund of the State, the Capital Reserve Fund, and all other funds entitled the Spending Limit Reserve Fund.  All general fund revenues accumulated in a fiscal year in excess of the limit on appropriations provided in Section 11-11-410 of the 1976 Code must be credited to this fund.  Revenues credited to this fund in a fiscal year may be appropriated by the General Assembly in its regular session in the year following the close of the applicable fiscal year.  Revenues in this fund may be appropriated only for the purposes provided in subsection (B).
     (B)      (1)      If the balance in the general reserve fund established pursuant to Article III, Section 36 of the Constitution of this State and Section 11-11-310 of the 1976 Code is less than the required balance, there must be appropriated to it all amounts in the Spending Limit Reserve Fund up to the total necessary to replenish the general reserve fund.  This amount does not replace or supplant the minimum replenishment amount otherwise required to be made to the general reserve fund.  To the extent these concurrent replenishments of the general reserve fund exceed the amount necessary for its full funding, the general reserve fund as provided in Article III, Section 36 of the state constitution, that fund is deemed to require an annual minimum balance equal to this increased amount not to exceed a total from all sources of a balance equal to four percent of general fund revenue in the latest completed fiscal year.  The additional balance in the general reserve fund provided pursuant to this section is for all purposes and uses a part of the general reserve fund.
           (2)      After the appropriation of amounts required pursuant to item (1) of this subsection, any remaining balance may be appropriated for or used to offset revenue reductions for:
                 (a)      infrastructure improvements; and for purposes of this item, infrastructure includes, but is not limited to, fixed transportation facilities, to include highway, rail, water, and air, and the basic facilities, services, and installations needed for the functioning of government, to include water, sewer, and public sector communications;
                 (b)      temporary tax reductions;
                 (c)      roads and bridges;
                 (d)      school buildings;
                 (e)      school buses; and
                 (f)      expenses incurred by this State as a result of natural or other disasters declared by the President of the United States.
           (3)      The total state share of a capital project funding for which is derived in whole or in part from the Spending Limit Reserve Fund, must be appropriated from the Spending Limit Reserve Fund in one installment.
           (4)      Appropriations from the Spending Limit Reserve Fund must be made by means of a joint resolution originating in the House of Representatives.
           (5)      No funds may be appropriated pursuant to item (2) of this subparagraph unless the individual appropriation receives a special vote in each branch of the General Assembly.  For purposes of this item, a special vote means an affirmative recorded roll-call vote in each branch of the General Assembly by two-thirds of the members present and voting but not less than three-fifths of the total membership in each branch.  The special vote otherwise required pursuant to this item does not apply to any appropriation or transfer of funds used to offset revenue reductions resulting from temporary tax reductions.

     All acts or parts of acts inconsistent with any of the provisions of Parts IA or IB of this act are suspended for Fiscal Year 2006-2007.
     Except as otherwise specifically provided, this act takes effect immediately upon its approval by the Governor.

This web page was last updated on Tuesday, June 23, 2009 at 11:43 A.M.