SECTION 118 - X91-STATEWIDE REVENUE

 

    118.1. (SR: Year End Expenditures)  Unless specifically authorized herein, the appropriations provided in Part IA of this act as ordinary expenses of the State Government shall lapse on July 31, 2014.  State agencies are required to submit all current fiscal year input documents and all electronic workflow for accounts payable transactions to the Office of Comptroller General by July 14, 2014.  Appropriations for Permanent Improvements, now outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which such appropriations were provided, unless definite commitments shall have been made, with the approval of the Budget and Control Board and Joint Bond Review Committee, toward the accomplishment of the purposes for which the appropriations were provided.  Appropriations for other specific purposes aside from ordinary operating expenses, now outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which such appropriations were provided, unless definite commitments shall have been made, with the approval of the Budget and Control Board, toward the accomplishment of the purposes for which the appropriations were provided.

    118.2. (SR: Titling of Real Property)  It is the intent of the General Assembly to establish a comprehensive central property and office facility management process to plan for the needs of state government agencies and to achieve maximum efficiency and economy in the use of state owned or state leased real properties.  The Budget and Control Board is directed to identify all state owned properties whether titled in the name of the state or an agency or department, and all agencies and departments of state government are upon request to provide the Board all documents related to the title and acquisition of the real properties that are occupied or used by the agency or titled in the name of the agency.  Except for any properties where the Board determines title should not be in the name of the State because the properties are subject to reverter clauses or other restraints on the property, or where the Board determines the state would be best served by not receiving title, and with the exception of properties, highways and roadways owned by the Department of Transportation, title of any property held by or acquired by a state agency or department shall be titled in the name of the state under the control of the Budget and Control Board.  Titling in the name of the state shall not affect the operation or use of real property by an agency.

    This provision applies to all state agencies and departments except: institutions of higher learning; the Public Service Authority; the Ports Authority; the South Carolina Division of Public Railways; the MUSC Hospital Authority; the Myrtle Beach Air Force Redevelopment Authority; the Department of Transportation; the Midlands Technical College Enterprise Campus Authority, the Trident Technical College Enterprise Campus Authority; the Area Commission of Tri-County Technical College; and the Charleston Naval Complex Redevelopment Authority.

    This provision is comprehensive and supersedes any conflicting provisions concerning title and acquisition and disposition of state owned real property whether in permanent law, temporary law or by provision elsewhere in this act.

    The Budget and Control Board is directed to provide to the Department of Education, funds equal to the amount realized from the sale of the Greenville Halton Road Bus Shop property for school bus maintenance shop relocations, construction, and shop equipment.

    118.3. DELETED

    118.4. (SR: Contingency Reserve Fund)  (A)  There is created in the State Treasury a fund separate and distinct from the general fund of the State, the Capital Reserve Fund, and all other funds entitled the Contingency Reserve Fund.  All general fund revenues accumulated in a fiscal year in excess of general appropriations and supplemental appropriations must be credited to this fund.  Revenues credited to this fund in a fiscal year may be appropriated by the General Assembly.  Upon determination by the Comptroller General as to the amount to be deposited in the Contingency Reserve Fund, the Comptroller General shall notify the Board of Economic Advisors and the board shall recognize that amount as surplus funds.  Revenues in this fund may be appropriated only for the purposes provided in subsection (B).

    (B)  (1)   If the balance in the general reserve fund established pursuant to Article III, Section 36 of the Constitution of this State and Section 11-11-310 of the 1976 Code is less than the required balance, there must be appropriated to it all amounts in the Contingency Reserve Fund up to the total necessary to replenish the general reserve fund.  This amount does not replace or supplant the minimum replenishment amount otherwise required to be made to the general reserve fund.

           (2)   After the appropriation of amounts required pursuant to item (1) of this subsection, any remaining balance may be appropriated by the General Assembly as it deems appropriate.

    118.5. (SR: Criminal Justice Academy Funding)  (A) In addition to all other assessments and surcharges, during the current fiscal year, a five dollar surcharge to fund training at the South Carolina Criminal Justice Academy is also levied on all fines, forfeitures, escheatments, or other monetary penalties imposed in the general sessions court or in magistrates’ or municipal court for misdemeanor traffic offenses or for non-traffic violations.  No portion of the surcharge may be waived, reduced, or suspended.  The additional surcharge imposed by this section does not apply to parking citations.

    (B) The revenue collected pursuant to subsection (A) must be retained by the jurisdiction, which heard or processed the case and paid to the State Treasurer within thirty days after receipt.  The State Treasurer shall transfer the revenue quarterly to the South Carolina Criminal Justice Academy.

    (C) The State Treasurer may request the State Auditor to examine the financial records of any jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to subsection (B).  The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination.

    118.6. (SR: LGF)  For the current fiscal year, Section 6-27-30 of the 1976 Code is suspended.

    118.7. (SR: Increased Enforced Collections Carry Forward)  Unexpended funds appropriated pursuant to Proviso 90.16 in Part IB of Act 291 of 2010 may be carried forward from the prior fiscal year into the current fiscal year and shall be expended for the same purposes.

    118.8. (SR: Health Care Maintenance of Effort Funding)  The source of funds appropriated in this provision is $158,000,000 from the revenue collected from the 50 cent cigarette surcharge and deposited into the South Carolina Medicaid Reserve Fund and shall be utilized by the Department of Health and Human Services for the Medicaid Program’s maintenance of effort.  By this provision these funds are deemed to have been received and are available for appropriation.

       Unexpended funds appropriated pursuant to this provision may be carried forward to succeeding fiscal years and expended for the same purposes.

    118.9. (SR: Prohibits Public Funded Lobbyists)  All state agencies and institutions are prohibited from using general fund appropriations to compensate employees who engage in lobbying on behalf of the state agency or institution.  The State Ethics Commission shall require state agencies and institutions that report lobbying activities to the commission to certify that the lobbying activities were not funded by general fund appropriations.

    All state agencies and institutions are prohibited from entering into contracts using general fund appropriations to provide lobbying services to the agency or institution.

    118.10.   (SR: Admissions Tax)  For the current fiscal year, up to one hundred fourteen thousand dollars in admissions tax revenue collected annually from all events held at a NASCAR sanctioned motor speedway or racetrack that hosts at least one race each year featuring the preeminent NASCAR cup series must be rebated to the motorsports entertainment complex facility in the current fiscal year to keep a NASCAR race at the motorsports entertainment complex facility.

    118.11.   DELETED

    118.12.   (SR: Agency Deficit Notice)  The Comptroller General or the Office of State Budget shall (1) provide written notice to each member of the General Assembly when it makes a report to the Budget and Control Board concerning an agency, department, or institution that is expending authorized appropriations at a rate which predicts or projects a general fund deficit for the agency, department, or institution, and (2) make monthly progress reports concerning an agency’s, department’s, or institution’s plan to reduce or eliminate the deficit.

    118.13.   DELETED

    118.14.   DELETED

    118.15.   (SR: Tax Relief Reserve Fund)  There is created the Tax Relief Reserve Fund, which shall be separate and distinct from the General Fund. Interest accrued by the fund must remain in the fund. Notwithstanding any other provision of law, on December 31, 2013, the State Treasurer shall transfer funds identified in this act from the General Fund to the Tax Relief Reserve Fund. These funds may only be used to provide tax relief to businesses and individuals as provided by law. Funds within the Tax Relief Reserve Fund shall be retained and carried forward to be used for the same purpose.

    118.16.   (SR: Tobacco Settlement)  (A)    To the extent funds are available from payments received on behalf of the State by the Tobacco Settlement Revenue Management Authority from the Tobacco Master Settlement Agreement (“MSA”) during calendar year 2014, the State Treasurer is authorized and directed to transfer $1,253,000 to the Attorney General’s Office for Diligent Enforcement and Arbitration Litigation; $450,000 to the State Law Enforcement Division for Diligent Enforcement; $325,000 to the Department of Revenue for Diligent Enforcement, all to enforce Chapter 47 of Title 11, the Tobacco Escrow Fund Act.  The remaining balance shall be transferred to the Department of Health and Human Services for Medicaid.

    (B)  To the extent funds are available from payments received on behalf of the State by the Tobacco Settlement Revenue Management Authority from the Tobacco Master Settlement Agreement (“MSA”) during calendar year 2013, excluding funds received from settlement of the 2003-2012 NPM Adjustments Under the Tobacco Master Settlement Agreement, the State Treasurer is authorized and directed to transfer funds sufficient to cover the operating expenses of the Authority and to transfer $37,372,707 to the General Fund of the State, with the remaining balance transferred to the Department of Health of Human Services for Medicaid.

    (C)  To the extent funds are available to the Tobacco Settlement Revenue Management Authority following the discharge of the Series 2008 Tobacco Bonds and all remaining uncommitted Tobacco funds held by the State Treasurer prior to calendar year 2013, the State Treasurer is authorized and directed to transfer $4,287,779 to the Department of Social Services to complete development of the Child Support Enforcement System; $4,000,000 to the Medical University of South Carolina Hospital Authority for the Telemedicine program; and $2,000,000 to the Department of Agriculture pursuant to Section 11-49-55 of the 1976 Code.  The remaining balance shall be transferred to the Department of Health and Human Services for Medicaid.

    (D)  The requirements of Section 11-11-170 of the 1976 Code shall be suspended for Fiscal Year 2013-2014.

    118.17.   (SR: Non-recurring Revenue)  (A) The source of revenue appropriated in this provision is non-recurring revenue generated from the following sources: 

    (1)   $159,845,460 from Fiscal Year 2012-13 unobligated general fund revenue as certified by the Board of Economic Advisors;

    (2)   $1,782,396 from the LCD Hitachi Settlement; and

    (3)   Funds from Settlement of the 2003-2012 NPM Adjustments Under the Tobacco Master Settlement Agreement which shall be transferred to the General Fund of the State.

    This revenue is deemed to have occurred and is available for use in Fiscal Year 2013-2014 after September 1, 2013, following the Comptroller General’s close of the state’s books on Fiscal Year 2012-13.

    Any restrictions concerning specific utilization of these funds are lifted for the specified fiscal year.  The above agency transfers shall occur no later than thirty days after the close of the books on Fiscal Year 2012-13 and shall be available for use in Fiscal year 2013-2014.

    (B)  The appropriations in this provision are listed in priority order.  Item (1) must be funded first and each remaining item must be fully funded before any funds are allocated to the next item.  Provided, however, that any individual item may be partially funded in the order in which it appears to the extent that revenues are available.

    The State Treasurer shall disburse the following appropriations by September 30, 2013, for the purposes stated:

       ^**(1)    Part IA - General Fund............................ $50,739,599;

       (2)   X22 - Local Government Fund-State Treasurer

                  Local Government Fund........................... $29,999,999;

       (3)   H63 - Department of Education

                  (a)  Governor’s School for the Arts and Humanities

                           Data Network Wiring............................ $187,000;

                  (b)  Transportation - Fuel and Bus Parts...... $6,426,188;

                  (c)  Instructional Materials........................ $22,667,978;

                  (d)  4K Statewide at Risk Phase In - Districts with

                           75% + Poverty................................... $4,120,000;

       (3.1)   Of the funds appropriated above to the Department of Education for 4K Statewide at Risk Phase In - Districts with 75% + Poverty, 35% shall be distributed to First Steps to School Readiness for the Child Development Education Pilot Program (CDEPP) and 65% shall be retained by the Department of Education for the Child Development Education Pilot Program (CDEPP).

       (4)   H75 - School for the Deaf and the Blind

                  (a)  Educational Technology.......................... $575,000;

                  (b)  Distance Learning................................... $185,000;

                  (c)  Audio Description Devices........................ $65,000;

                  (d)  Student Response Services........................ $40,000;

                  (e)  Auditory Enhancement.............................. $65,000;

                  (f)  Records Management.............................. $175,000;

       (5)   J02 - Department of Health and Human Services

                  ^**(a)  Nursing Homes - Rate Increase........ $5,000,000;

                  (b)  SC Health Information Network

                           (Palmetto Project)................................. $100,000;

       ^**(6)    H03 - Commission on Higher Education

                  University Center of Greenville

                    Infrastructure Development........................ $200,000;

       (7)   H12 - Clemson University

                  Student Career Opportunity Program.......... $1,000,000;

       (8)   H27 - University of South Carolina

                  (a)  On Your Time...................................... $2,500,000;

                  (b)  SC Child Abuse Medical Response

                          Program................................................. $225,000;

       (9)   H51 - Medical University of South Carolina

                  (a)  MUSC Hospital Authority-Rural

                          Hospital Transformation........................ $400,000;

                  (b)  Institute of Medicine............................... $400,000;

                  (c)  Mobile Cancer Screening and

                          Early Detection...................................... $600,000;

       (10) H59 - State Board for Technical and

                  Comprehensive Education

                    Midlands Technical -

                      Quickjobs Program - Equipment................ $500,000;

       ^**(11)  H15 - University of Charleston

                  Avery Center................................................. $300,000;

       (12) H37 - University of South Carolina - Lancaster

                  (a)  Deferred Maintenance............................. $400,000;

                  (b)  Parity Funding......................................... $148,400;

       (13) H38 - University of South Carolina - Salkehatchie

                  Parity Funding............................................... $118,720;

       (14) H39 - University of South Carolina - Sumter

                  Parity Funding................................................. $97,520;

       (15) H40 - University of South Carolina - Union

                  Parity Funding................................................. $59,360;

       (16) H79 - Department of Archives and History

                  (a)  Archival Technology................................. $56,957;

                  ^**(b)  GLEAMNS - Benjamin Mays Historical

                  Preservation Site - Capital Equipment.......... $200,000;

       ^*(17)   H95 - State Museum Commission

                  (a)  Laurens County Museum........................ $150,000;

                  (b)  SC Railroad Museum............................. $200,000;

                  (c)  Greenville Children’s Museum................ $100,000;

       (18) P36 - Patriots Point Development Authority

                  National Flight Academy............................... $400,000;

       (19) J04 - Department of Health and Environmental Control

                  ^**(a)  SC Bleeding Disorders -

                           Premium Assistance Program.............. $100,000;

                  (b)  Ocean Water Quality Outfall Initiative.... $750,000;

                  ^*(c)  Women in Unity..................................... $100,000;

                  ^**(d)  HIV Prevention - Project Faith............ $350,000;

                  ^**(e)  Nurse Family Partnership.................... $100,000;

                  ^**(f)  Best Chance Network and Colon Cancer

                          Prevention Network - Proviso 34.44.. $1,500,000;

                  ^**(g)  Stroke System of Care Act of 2011........ $50,000;

                  ^**(h)  Donate Life SC - Organ Donor Registry $100,000;

                  ^**(i)  James R. Clark Sickle Cell Foundation $100,000;

                  (j)  State Beachfront Management Plan....... $2,000,000;

       ^*(20)   J12 - Department of Mental Health

                  Seahaven....................................................... $200,000;

       ^**(21)  H73 - Vocational Rehabilitation

                  Basic Services - Case Services...................... $500,000;

       (22) P32 - Department of Commerce

                  (a)  Deal Closing Fund.............................. $12,677,766;

                  (b)  Base Closure Fund.................................. $500,000;

                  (c)  Business Incubator Program................. $5,000,000;

                  (d)  SC Council on Competitiveness.............. $650,000;

                  ^**(e)  Community Development Corporation

                           Initiative............................................... $400,000;

       (22.1)     Of the funds appropriated above to the Department of Commerce for the Business Incubator Program, $1,000,000 shall be used to invest in technology-based economic development projects.  The department shall develop guidelines to administer the program and any investment made by the department shall be accompanied by a dollar-for-dollar match from non-state appropriated funds.  Eligible projects shall foster economic development through university collaboration, local government participation, public-private partnership participation, all of which is aimed at “digital interactive and immersive media” projects throughout the state.  $400,000 shall be designated for the digital design initiative.  Up to $300,000 may be used by the department for administrative costs associated with this program.

       (23) D10 - State Law Enforcement Division

                  (a)  Maintenance Fees...................................... $30,000;

                  (b) Law Enforcement Equipment................... $739,980;

                  (c)  Vehicle Replacement............................... $720,000;

       (24) K05 - Department of Public Safety

                  Vehicle Replacement..................................... $500,000;

       (25) N04 - Department of Corrections

                  (a)  Statewide Paving.................................. $1,000,000;

                  (b)  Deferred Maintenance.......................... $3,635,000;

                  (c)  Security/Detention Systems and

                           Equipment......................................... $2,542,000;

                  (d)  Inmate Security and Support Vehicles.. $1,000,000;

                  (e)  Broad River Sewer System Upgrade........ $700,000;

                  (f)  Food Service Institutional Equipment...... $489,357;

                  (g)  Observation Towers - Lee Correctional

                           Institution............................................. $236,900;

                  (h)  Center Pivot Irrigation System................. $100,000;

                  (i)  Weapons Replacement............................... $40,000;

       (26) P24 - Department of Natural Resources

                  ^**(a)  Outreach Programs.............................. $200,000;

                  (b)  State River Basin Study........................ $1,500,000;

                  (c)  Information Technology - Phase II Upgrade

                           Software and Equipment Replacement $1,725,000;

                  (d)  Groundwater Monitoring Clusters........... $250,000;

                  (e)  Enforcement Division Vehicles............... $785,050;

                  (f)  Invasive Species Control Program............. $50,000;

                  (g)  Catawba/Wateree River Basin Study....... $250,000;

       (26.1) The funds appropriated above to the Department of Natural Resources for the State River Basin Study Project must be used for water data collection to provide scientific information on water resources in the state’s eight major river basins.  The department shall, on a quarterly basis beginning October 1, 2013, submit to the Senate Finance Committee, the House Ways and Means Committee, the Senate Agriculture and Natural Resources Committee, and the House Agriculture, Natural Resources and Environmental Affairs Committee, a report on the project’s timeline, findings, and expenditure of funds.  Additionally, this information shall be posted electronically on the Department of Natural Resources and the Department of Health and Environmental Control websites.

       (27) L36 - Human Affairs Commission

                  Computerized Affirmative Action Management

                   System (CAAMS)......................................... $100,000;

       ^*(28)   L46 - Commission on Minority Affairs

                  PC Replacement.............................................. $23,286;

       (29) R28 - Department of Consumer Affairs

                  (a)  Licensing Database

                          Reconfiguration/Upgrade....................... $100,000;

                  (b)  Identify Theft Unit - S.334................................. $1;

       (30) R40 - Department of Motor Vehicles

                  ADA Compliance.......................................... $925,000;

       (31) D25 - Office of Inspector General

                  Office Infrastructure........................................ $52,565;

       ^**(32)  E04 - Office of Lieutenant Governor

                  Caregivers.................................................. $2,999,999;

       (33) E08 - Secretary of State

                  (a)  Board and Commissions Database Project $250,000;

                  (b)  Disaster Recovery/Image Digitization........ $97,800;

       (34) E24 - Office of Adjutant General

                  (a)  Armory Maintenance and Repair Projects $650,000;

                  (b)  Emergency Management Program

                           Improvements....................................... $375,000;

       (35) H87 - State Library

                  Aid to Counties........................................... $1,341,395;

       ^*(36)   H91 - Arts Commission

                  Cultural Districts Designation Program.......... $25,000;

       ^**(37)  E21 - Prosecution Coordination Commission

                  Centers for Fathers and Families................. $400,000;

       (38) N20 - Law Enforcement Training Council

                  Purchase Netbooks to Replace Paper Testing... $49,000;

       ^**(39)  L04 - Department of Social Services

                  Phyllis Wheatley - Donaldson Center

                    Revitalization............................................... $150,000;

       ^*(40)   P16 - Department of Agriculture

                  Certified South Carolina Grown Program.... $500,000;

       ^*(41)   P28 - Department of Parks, Recreation, and Tourism

                  Rural Tourism Development-Cultural Visitor’s Center,

                  Orangeburg County................................... $1,000,000;

       (42) R36 - Department of Labor, Licensing, and Regulation

                  Urban Search and Rescue (USAR)................ $500,000;

       (43) U12 - Department of Transportation

                  (a)  Traffic Management/Richland Electrical

                  Building Construction.................................... $875,000;

                  (b)  Lexington County Maintenance Complex

                           Land Acquisition.................................. $700,000;

                  (c)  Lexington County Maintenance Complex

                          Construction.......................................... $100,000;

                  (d)  Upstate Salt Storage Facility Construction $313,500;

                  (e)  Cherokee Salt Shed Construction............ $260,000;

                  ^**(f)  Sandy Island Boat Ramp...................... $150,000;

       ^**(44)  A85 - Education Oversight Committee

                  Partnerships for Innovation................... $100,000; and

       ^*(45)   F03 - Budget and Control Board

                  Security Lighting Upgrade............................ $453,000.

    Unexpended funds appropriated pursuant to this provision may be carried forward to succeeding fiscal years and expended for the same purposes.

    (C)  From the escrow account established pursuant to Proviso 90.13 of Act 310 of 2008, the remaining funds shall be used to offset any operating shortfalls resulting from the Barnwell Low Level Waste Facility operations in order to preserve the economic viability of the facility.  The amount distributed to offset any operating shortfalls shall be determined by calculating the difference between the allowable operating costs plus adjustments as approved by the Public Service Commission, and the access fees paid by the Atlantic Compact generators.  Funds remaining in the account to offset operating shortfalls shall also be used to maintain access fees to the facility for Fiscal Year 2013-2014 at the Fiscal Year 2009-2010 level.  There shall also be paid from the escrow account the annual dues of the Southern States Energy Board.

    118.18.   (SR: Tax Deduction for Consumer Protection Services)  (A)  In addition to the deductions allowed in Section 12-6-1140 of the 1976 Code, there is allowed a deduction in computing South Carolina taxable income of an individual the actual costs, but not exceeding three hundred dollars for an individual taxpayer, and not exceeding one thousand dollars for a joint return or a return claiming dependents, incurred by a taxpayer in the taxable year to purchase a monthly or annual contract or subscription for identity theft protection and identity theft resolution services.  The deduction allowed by this item may not be claimed by an individual if the individual deducted the same actual costs as a business expense or if the taxpayer is enrolled in the identity theft protection and identity theft resolution services offered free of charge by the State of South Carolina.  For purposes of this item, ‘identity theft protection’ means products and services designed to prevent an incident of identify fraud or identity theft or other protect the private of a person’ personal identifying information, as defined in Section 16-13-510(D), by precluding a third party from gaining unauthorized acquisition of another’s personal identifying information to obtain financial resources or other products, benefits or services; and identity theft resolution services means products and services designed to assist persons whose personal indentifying information, as defined by Section 16-13-510(D), was obtained by a third party, whereby minimizing the effects of the identity fraud or identity theft incident and restoring the person’s identity to pre-theft status.

    (B)  The deduction provided in (A) is only allowed for taxpayers that filed a return with the Department of Revenue for any taxable year after 1997 and before 2013, whether by paper or electronic transmission, or any person whose personally identifiable information was contained on the return of another eligible person, including minor dependents.

    (C)  By March fifteenth of each year, the department shall issue a report to the Governor and the General Assembly detailing the number of taxpayers claiming the deduction allowed by this item in the most recent tax year for which there is an accurate figure, and the total monetary value of the deductions claimed pursuant to this item in that same year.

    (D)  The department shall prescribe the necessary forms to claim the deduction allowed by this section.  The department may require the taxpayer to provide proof of the actual costs and the taxpayer’s eligibility.

 

END OF PART IB

 

    All acts or parts of acts inconsistent with any of the provisions of Parts IA or IB of this act are suspended for Fiscal Year 2013-2014.

    If any part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other parts, sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

    Except as otherwise specifically provided, this act takes effect July 1, 2013.