South Carolina General Assembly

General Appropriations Bill H. 3400 for the fiscal year beginning July 1, 1997

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                   HIGHER EDUCATION

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 3         1.      (CHE: Contract for Services Program Fees)  The amounts appropriated in this Section for "Southern Regional
 4     Education Board Contract Programs" and "Southern Regional Education Board Dues" are to be used by the Commission
 5     to pay to the Southern Regional Education Board the required contract fees for South Carolina students enrolled under the
 6     Contract for Services program of the Southern Regional Education Board, in specific degree programs in specified
 7     institutions and the Southern Regional Education Board membership dues.  The funds appropriated may not be reduced to
 8     cover any budget reductions or be transferred for other purposes.
 9         2.      (CHE: Desegregation Activities)  Higher Education institutions shall continue to support and fund desegregation
10     activities within the allocations made to each agency.
11         3.      (CHE: Grants for Programs in Other States)  Of the funds appropriated herein, not more than $25,000 may be used
12     to make grants to South Carolina residents enrolled in an accredited institution outside the State in a program (a) not offered
13     in South Carolina, or (b) a program which differs significantly from a program offered in South Carolina as determined by
14     the Commission on Higher Education.  The amount awarded to any such student must be made directly to the institution
15     for the account of the grantee.
16         4.      (CHE: Out-of-State School of the Arts)  The funds appropriated herein for Out-of-State School of the Arts must be
17     expended for an SREB Contract Program, administered by the Commission, which will offset the difference between the
18     out-of-state cost and in-state cost for artistically talented high school students at the North Carolina School of the Arts.
19         5.      (CHE: Real Property Disposal)  Before any local area higher education commission may dispose of any real
20     property, the approval of the Budget and Control Board must be obtained.
21         6.      (CHE: Councils Committees, Etc., Representation)  Each four-year campus of each state-supported senior college
22     and university shall have the same representation on all formal and informal councils, advisory groups, committees, and task
23     forces of the commission, not including the formula advisory committee, as the independent four-year colleges.
24     Representation on the Formula Advisory Committee shall include from the S.C. Legislature the following voting members:
25     two members of the Senate Finance Committee and two members of the House Ways and Means Committee to be appointed
26     by the respective chairman.
27         7.      (CHE: Access & Equity Programs)  Of the funds appropriated herein for Desegregation Programs, the Commission
28     on Higher Education shall distribute at least $105,319 to South Carolina State University, $26,309 to Denmark Technical
29     College, and $263,415 to the Access and Equity Program.  With the funds appropriated herein for formula funding increases,
30     the colleges and universities shall supplement their access and equity programs so as to provide, at a minimum, the same
31     level of minority recruitment activities as provided during the prior fiscal year.
32         8.      (CHE: Deadline for Formula Changes)  The allocations made for the immediate fiscal year following March 1 of
33     any year must not be adjusted due to any change in the formula and any change in the input data into the formula after March
34     1 of the year.  Any changes in allocation due to formula changes must be held in abeyance until the next year's allocation
35     as required herein.  By March 1, the Commission on Higher Education shall submit the final formula and the input data into
36     the formula to the Senate Finance Committee, the House Ways and Means Committee, the Senate Education Committee,
37     and the House Education and Public Works Committee.
38         9.      (CHE: Reciprocal Tuition)  The University of South Carolina's Aiken Campus may offer in-state tuition to any
39     student whose legal residence is in the Richmond/Columbia County area of the neighboring state of Georgia as long as the
40     Georgia Board of Regents continues its Georgia Tuition Program by which in-state tuition is offered to students residing
41     in the Aiken/Edgefield County Area of the State of South Carolina.

COMMISION ON HIGHER EDUCATION                                                                                  PAGE 441

 1         10.    (CHE: Penn Center)  Of the funds appropriated to Higher Education formula, $174,000 shall be allocated to the
 2     University of South Carolina - Beaufort for the Penn Center Project.  The funds allocated shall not be used for any other
 3     purposes and shall not be reduced due to budget reductions.
 4         11.    (CHE: Midlands Tec Property Acquisition)  Before disposal of the property on which the S.C. Fire Academy
 5     currently resides, Midlands Technical College must first be given the option of acquiring this property.
 6         12.    (CHE: CHE Carry Forward)  The Commission on Higher Education may carry forward into the current fiscal year
 7     any unexpended general funds from the prior fiscal year to be used only for the Access and Equity Program.
 8         13.    (CHE: Southeastern Manufacturing Technology Center)  The South Carolina Commission on Higher Education shall
 9     review annually the activities of the Southeastern Manufacturing Technology Center and make a budget recommendation
10     to the General Assembly.  The funds appropriated to the University of South Carolina - Columbia for the Southeastern
11     Manufacturing Technology Center may not be used for any other purpose.
12         14.    (CHE: Greenville Higher Education Center Rent)  Of the funds appropriated to higher education, $337,694 will be
13     allocated to Greenville Technical College to pay the annual rent for the Greenville Higher Education Center.
14         15.    (CHE: Property Disposal)  The governing body for each technical college, public college and university shall review
15     the real property titled in the name of its institution to determine if such property is excess to the institution's anticipated
16     needs and is available for disposal.  All real properties determined to be excess may be disposed of with the approval of the
17     Budget and Control Board.  The proceeds of such sales are to be disposed of as follows: If the property was acquired as a
18     gift, through tuition student fees, county funds, or earned income, the proceeds may be retained by the selling institution
19     for use in accord with established needs.  The proceeds acquired from the sale of real property acquired through unique State
20     appropriations, State Capital Improvement Bonds, or formula funds are to revert to the State's General Fund.  The
21     responsibility for providing any necessary documentation including but not limited to documenting the fund source, of any
22     real property proposed for sale rests with each respective institution.
23         16.    (CHE: Out-of-State Tuition Subsidy)  Any funds appropriated in excess of Fiscal Year 1993-94 total appropriation
24     must be allocated to the institutions for the funding of the formula for in-state students only.
25         17.    (CHE: SREB Funding)  Funds appropriated for SREB contracts and dues may not be transferred or reduced.
26         18.    (CHE: Single-Gender Institutions)  In considering the comprehensive funding needs of the various institutions of
27     higher learning, the General Assembly has taken cognizance of the decisions of federal courts in various jurisdictions which
28     have held that single-gender institutions of higher learning provide valuable and unique educational opportunities and are
29     constitutionally permissible based on legitimate public policy considerations which justify single-gender education.  Studies
30     conducted by several scholars have concluded that for a variety of reasons single-gender institutions have advantages over
31     coeducational institutions in numerous areas, and the data developed suggests that the differences between a single-gender
32     student population and a coeducational one justify a state's offering single-gender education.  A state nevertheless must
33     appropriate its available funds so as to provide constitutionally permissible single-gender opportunities in higher education
34     based on public policy considerations governing the expenditure of funds in support of higher education which justify single-
35     gender classifications as being in the best interests of the providing state.  The General Assembly, by this proviso, declares
36     and stipulates that the public policy considerations and state interests of South Carolina in establishing, supporting, and
37     providing for single-gender institutions of higher learning are as follows:
38         A.     Policy of Diversity.
39         South Carolina believes that its institutions of higher learning should be diverse as to size, competitiveness, program
40     emphasis, student population, and location so as to provide students with a variety of academic opportunities and
41     experiences.  In compliance with this policy of diversity, South Carolina has established a variety of diverse educational
42     post-secondary institutions ranging from small colleges to large regional universities, from liberal arts programs to specific

COMMISION ON HIGHER EDUCATION                                                                                  PAGE 442

 1     research-based programs, from two-year institutions to four-year institutions with no graduate programs and to four-year
 2     institutions with comprehensive graduate and professional schools.  In this contest, a policy of diversity should include
 3     places for single-gender institutions within the overall higher education system of this State.  The single-gender institutions
 4     this State has supported over the years have been as a result of the legitimate state interest and desire for diversity in its
 5     educational institutions, and a belief that a diverse state program that includes both single-gender programs and
 6     coeducational programs better meets the individual needs of students than does a program or policy that requires all students,
 7     without regard to individual needs, to attend coeducational colleges.
 8         B.     Policy of Meeting Need and Demand.
 9         A need for single-gender educational programs exists in South Carolina in the opinion of its citizens, and a public demand
10     for them continues.  The citizens of South Carolina want these programs and the public interest is well served by them.  A
11     tremendous demand exists now and has historically existed for the type of single-gender opportunities the State has offered.
12     It may be true that this demand is somewhat unique to South Carolina and other similar states and does not necessarily exist
13     throughout the country but, nevertheless, where sufficient demand has existed for particular single-gender programs of either
14     gender thereby justifying the expenditure of public funds to support such programs, the State of South Carolina has
15     supported such programs and has a valid state interest in doing so.  The current single-gender situations in South Carolina
16     are popular, fully-subscribed, and flourishing and clearly the State has a legitimate public policy interest in offering and
17     providing the types of educational experiences, including single-gender ones, that its taxpayers and citizens desire and
18     support.  In addition, where a single-gender institution produces graduates of a particular discipline, training, or expertise,
19     and the record shows that this type of training could not be as successfully developed at a coeducational institution, a
20     legitimate and important state interest is served if the State through its agencies and programs or the nation through its
21     agencies and programs utilizes these graduates for compelling state or national needs.
22         C.     Policy of Autonomy.
23         In the system of higher education in place in South Carolina, each institution of higher learning is governed by a board
24     of trustees which governs the institution subject to the general law and in conjunction with the Commission on Higher
25     Education.  The General Assembly has directed the Commission on Higher Education and the state's institutions of higher
26     learning to seek to create an environment in which each institution can pursue its own mission within the broader statewide
27     framework.
28         The missions of South Carolina's sixty-two public and independent post-secondary institutions vary widely.  Research
29     universities offer degree programs through the doctoral level and professional programs consistent with their respective
30     missions.  In addition, their missions emphasize funded research and public service activities that complement academic
31     programs.  Within the context of their variety of roles and missions, senior colleges offer a broad range of degree programs
32     including graduate programs at the master's degree level in selected fields as well as public service and research programs.
33     This comprehensive system as a matter of public policy should include an institution's right to choose to offer a single-
34     gender program if sufficient demand for such a program exists and if the program fits within the broad framework of the
35     overall state educational system.
36         The General Assembly as part of its stated public policy of allowing each institution the autonomy within certain
37     guidelines to develop individualized mission statements and programs has therefore determined that it is consistent with its
38     stated policy of institutional autonomy for an institution to offer a single-gender opportunity accomplished through the
39     enactment of such vehicles as specific admission requirements based on gender or other similar requirements.
40         D.     Policy of Economy of Resources.
41         The resources of the State of South Carolina available for higher education are becoming more and more scarce, and it
42     is mandatory and a compelling public policy and state interest that the available resources and funding for each institution

COMMISION ON HIGHER EDUCATION                                                                                  PAGE 443

 1     of higher learning be used in the most efficient and effective manner possible.
 2         Studies have shown that single-gender programs provide a diversity of choice for the individual and varying needs of
 3     students in the most efficient, economical, and prudent manner possible and with the maximum utilization of the resources
 4     and assets of the State.  This is true because single-gender programs avoid the duplication and additional expense that would
 5     be incurred if an attempt was made to offer the unique characteristics of a single-gender program at a coeducational
 6     institution.  A single-gender institution can deliver some specific programs including those with holistic or adversarial
 7     characteristics at less cost than can a coeducational institution and the State has a legitimate public policy interest in
 8     providing these types of programs at the least possible cost.  Also, consistent with its policy of providing single-gender
 9     educational opportunities for the reasons enumerated herein, the State of South Carolina has found that the physical plant
10     of a single-gender institution must have certain characteristics different from those of a coeducational institution for the
11     purpose of ensuring privacy, safety, and for other such considerations.  To attempt to construct or adapt the physical plant
12     of a single-gender institution for the purpose of making it suitable for coeducation would be prohibitively expensive.
13         Consequently, given the fiscal situation in South Carolina and given the competing demands on its scarce resources, it
14     is in the best interest of the State and a prudent public policy for single-gender institutions to be part of this state's higher
15     education system so that unique programs may be offered to interested students in the most economical and efficient manner
16     possible without unnecessary duplication and additional expense.
17         E.     Policy of Choice.
18         Single-gender institutions and their programs provide a freedom of choice to students and their families, and the General
19     Assembly believes as a matter of public policy that this is a freedom for individual choice that does not need to be destroyed.
20     Ample choices and opportunities for college educations in mixed-gender coeducational environments exist in South Carolina
21     and in other states and those individuals desiring a single-gender choice should also have the opportunity to make such a
22     choice.  Single-gender institutions are not inherently unconstitutional or unlawful, and the General Assembly believes that
23     as a matter of public policy it has a duty to offer its citizens the widest range of educational opportunities it can offer in the
24     manner allowed by law, including single-gender opportunities, so that interested students are free to choose an institution
25     which, due to its distinctive educational methods, is not diminished or impaired as a result of a coeducational requirement;
26     and
27         For the reasons and policies above provided, South Carolina has historically supported and continues to support single-
28     gender educational institutions as a matter of public policy based on legitimate state interests where sufficient demand has
29     existed for particular single-gender programs thereby justifying the expenditure of public funds to support such programs.
30         Presently in South Carolina single-gender educational opportunities exist for men at The Citadel, but do not exist for
31     women in all areas and the members of the General Assembly, by this proviso, express their belief that it is appropriate for
32     this State to begin the process of providing single-gender educational opportunities for women.
33         19.    (CHE: Out-Of-State Tuition Subsidy Reduction)  State-supported colleges and universities, including technical
34     colleges, shall not increase the tuition and fees charged to in-state undergraduate students until the institutions recapture and
35     maintain one hundred percent of the total education and general cost for out-of-state undergraduate students.  Beginning
36     July 1, 1994, the Commission on Higher Education shall reduce the subsidy for out-of-state undergraduate students by five
37     percent each  year until the state subsidy is at twenty-five percent of the total education and general cost.  At the end of these
38     periods, the state subsidy for such undergraduate students shall be twenty-five percent of the total education and general
39     cost.  However, for Fiscal Year 1994-95, this reduction does not take effect until recurring and nonrecurring funds in excess
40     of $567,386,486 have been appropriated for the higher education formula.  No state funds can be used to provide
41     undergraduate out-of-state subsidies.

COMMISION ON HIGHER EDUCATION                                                                                  PAGE 444

 1         Should there be any in-state undergraduate tuition increase in violation of this section, the appropriations in this act to
 2     that institution shall be reduced by the amount generated by that increase.
 3         20.    (CHE: Advanced Placement)  Students successfully completing advanced placement courses and receiving a score
 4     of three (3) or above on the exam shall receive advanced placement credit for each course in all post-secondary public
 5     colleges in South Carolina.
 6         21.    (CHE: Formula Funding for Converse Women's Leadership Institute)  Of the funds appropriated for the higher
 7     education formula, one million four hundred thousand dollars shall be allocated to The Citadel for the Women's Leadership
 8     Institute at Converse College upon approval of a single-gender program by any court of competent jurisdiction.  This
 9     contract will in no way make Converse College subject to the Commission on Higher Education's purview.  Funds shall be
10     transferred to Converse College by the Citadel on a quarterly basis for students enrolled in Women's Leadership contract
11     program on the same per student basis as the per student state appropriation for cadets at The Citadel as determined under
12     the higher education formula of the Commission on Higher Education.  Funds remaining after per student reimbursements,
13     up to a total of one million four hundred thousand dollars, shall be used to establish and support the Leadership Institute
14     at Converse College.
15         22.    (CHE: African-American Loan Program)  Of the funds appropriated to the Commission on Higher Education for
16     the African-American Loan Program, $130,000 shall be distributed to South Carolina State University and $100,000 shall
17     be distributed to Benedict College, and must be used for a loan program with the major focus of attracting African-American
18     males to the teaching profession.  The Commission of Higher Education shall act as the monitoring and reporting agency
19     for the African-American Loan Program.  $100,000 shall be distributed to South Carolina State University for the purpose
20     of funding the 1890 Leadership Institute.
21         23.    (CHE: Scholarship and Grants Allocation)  In instances where the equal division of the appropriated funds between
22     need-based grants and the Palmetto Fellows Program exceeds the capacity to make awards in either program, the
23     Commission on Higher Education has the authority to re-allocate the remaining funds between the two programs until these
24     programs are fully implemented in FY 2000-2001, after which an equal division between the two programs shall be
25     maintained.  A renewal applicant must have maintained a minimum cumulative grade point average of 2.0 on a 4.0 scale.
26         24.    (CHE: Carry Forward Formula Funding for Converse Women's Leadership Institute)  Funds appropriated in Part
27     IB, Section 18A.26 of Act 145 of 1995 for The Citadel for the Women's Leadership Institute at Converse College shall be
28     carried forward to be used in the 1996-97 fiscal year for the same purposes authorized in Act 145 of 1995.
32         1.      (HETG: Disbursal of Grant Funds/Interest Earnings)  South Carolina Tuition Grants Program funds shall be
33     disbursed to eligible students on a semester-by-semester basis.  Interest accrued on the balance of undisbursed tuition grants
34     programs funds on deposit with the State Treasurer's Office from September 15 through December 31 shall be calculated
35     by the State Treasurer's Office and transferred within 30 days to the South Carolina Tuition Grants Program to be awarded
36     as tuition grants to eligible students.
38     H09 - SECTION 18C - THE CITADEL
40         1.      (CIT: Women's Leadership Program)  The funds appropriated in Part IA, Section 18C, of this act and any other
41     funds appropriated in any other appropriation act for the Women's Leadership Program must be used exclusively for the
42     support of the Women's Leadership Program.  Provided further, that no funds may be expended until the approval of a

THE CITADEL                                                                                                    PAGE 445

 1     single-gender program as established in Part II of this act by any court of competent jurisdiction.
 2         2.      (CIT: Women's Leadership Carry Forward)  Funds Of the funds appropriated in Item 50, Section 2 of Act 146 of
 3     1995, for The Citadel's Women's Leadership Program, $440,000 shall be carried forward to be used in Fiscal Year 1996-97
 4     1997-98 for the same purposes authorized in Act 146 of 1995 and as amended  costs involved with assimilating females into
 5     the Citadel.
 9         1.      (USC: Palmetto Poison Control Center)  Of the funds appropriated or authorized herein, the University of South
10     Carolina shall expend at least $150,000 on the Palmetto Poison Control Center.
11         2.      (USC: Public Service Activities)  Of funds appropriated to the University of South Carolina in Section 18KA for
12     public service activities, $25,000 shall be provided for the continuing operation of the Gerontology Project, $90,624 shall
13     be provided for the Law Enforcement Census and Annual Law Enforcement Report which is to be prepared by the Office
14     of Agency Research and Service, College of Criminal Justice, and $20,000 for the Old Fort Congaree Project.
15         3.      (USC: Confederate Relic Room Rent)  Rent  may be charged by the University of South Carolina to the Confederate
16     Relic Room, for the use of space occupied as of June 30, 1992, shall not be increased above the 1991-92 level  in accordance
17     with procedures established by the Budget and Control Board.
18         4.      (USC: Child Development Centers - Indirect Cost Partial Waiver)  The University of South Carolina, Columbia,
19     Lancaster, Spartanburg, and Union Campuses shall be allowed to apply a 5% indirect cost rate for their four early childhood
20     education centers supported by the SC Health and Human Services Block Grant for FY 93-94.
21         5.      (USC: Indirect Cost Recovery Waiver for Summer Food Service Program)  The University of South Carolina is
22     granted partial waiver of the remittance of indirect cost recoveries for the Summer Food Service Program supported by the
23     Federal Department of Agriculture through the Department of Social Services.  The waiver may not exceed the amount of
24     direct administrative cost for the program.
25         6.      (USC: Medical School - Position Transfer)  The University of South Carolina positions that are funded by the
26     School of Medicine but are employees of Richland Memorial Hospital are to be transferred to the University of South
27     Carolina during Fiscal Year 1996-97.  As of the date of transfer, these employees will be employees of the University of
28     South Carolina subject to the policies of the University and the State; provided, however, that such employees will be
29     afforded all benefits of state employment.  Service credit at Richland Memorial Hospital will be recognized for the purpose
30     of leave accrual.  Existing annual and sick leave balances will be transferred to the University of South Carolina not to
31     exceed allowable statutory leave balances.  The University shall absorb these employees without additional FTE's.
32         7.      (USC:  School of Medicine Practice Plan)  Employees of agencies and institutions affiliated with the University of
33     South Carolina School of Medicine, who hold faculty appointments in the School, may participate in the School's Practice
34     Plan.  Funds generated by such participants shall be handled in accordance with University policies governing Practice
35     Plan funds.
39         1.      (MUSC: Family Practice Residency System)  Statewide family practice residency system funds appropriated for
40     faculty salaries, teaching services, and consultant fees may only be expended when the above activities are accomplished
41     for educational purposes in the family practice centers.  Authorization is hereby granted to the Medical University of South
42     Carolina to expend such funds in hospital-based clinical settings apart from the consortium hospital, when such settings are

MEDICAL UNIVERSITY OF SOUTH CAROLINA                                                                           PAGE 446

 1     determined by the President of the Medical University of South Carolina with approval of the Board of the Medical
 2     University to provide appropriate educational experience and opportunities to the family practice residents and these funds
 3     shall not be transferred to any other program.
 4         2.      (MUSC: Ombudsman Program)  From the funds appropriated in this section, the Medical University of South
 5     Carolina shall provide the space needed for the Ombudsman Program of the Office of the Governor and shall provide
 6     pertinent written statements, documents, exhibits and other items, as well as any other assistance, that is deemed necessary
 7     for the performance of the program's mandates.
 8         3.      (MUSC: AHEC Residency Programs Formula Funding)  South Carolina Area Health Education Consortium (S.C.
 9     AHEC) shall be awarded funding for the Statewide Family Practice Residency System and the Graduate Doctor Education
10     Program based on the appropriate formula, as approved by the S.C. AHEC and the Commission on Higher Education, and
11     the level of funding shall be the same percentage as the other State Institutions of Higher Education.
12         4.      (MUSC: AHEC Residency Programs Funds)  Funds allocated for the residency programs (Statewide Family Practice
13     and Graduate Doctor Education) shall be used for those programs only.  Funds allocated for the Area Health Education
14     Center program shall be used for that program only.
15         5.      (MUSC: AHEC Rural Physician Recruitment Program)  The funds appropriated to The Medical University of South
16     Carolina for the "rural physician program" shall be administered by the SC AHEC Physician recruitment office.  The
17     Medical University of South Carolina shall be responsible for the fiscal management of funds to ensure that state policies
18     and guidelines are adhered to.  A legislatively appointed Board is hereby created to manage and allocate these funds in the
19     best interests of the citizens of South Carolina.  The Board will be composed of the following:  The Executive Director, or
20     his designee, of the SC Primary Care Association; the Dean, or his designee, of the USC School of Medicine; the Executive
21     Director, or his designee, of the S.C. Medical Association; two representatives from rural health care settings, one to be
22     appointed by the Chairman of the Senate Medical Affairs Committee and one to be appointed by the Chairman of the House
23     Medical, Military, Public and Municipal Affairs Committee; the Commissioner, or his designee, of the Department of Health
24     and Environmental Control; the Executive Director, or his designee, of the S.C. Hospital Association;  the Commissioner,
25     or his designee, of the Commission on Higher Education; and the Director, or his designee, of the Department of Health and
26     Human Services.  The Chairman, with the concurrence of the Board, shall appoint 3 at-large members with 2 representing
27     nursing and 1 representing allied health services in South Carolina.
28         6.      (MUSC: Diabetes Center of Excellence)  Of the funds appropriated to the Medical University of South Carolina,
29     $232,000 shall be used for a Diabetes Center of Excellence.
30         7.      (MUSC: Medical School Graduates Statistics)  From the funds appropriated in Part IA, Section 18MC, Program
31     II. Family Practice for classified positions and other operating expenses, the State Office of Rural Health shall compile the
32     statistics on the number of graduates of USC School of Medicine and Medical University of South Carolina who are actually
33     practicing medicine as primary care physicians in South Carolina, with said statistics to include specific data as to the type
34     of specialization of any internists and to include the number of graduates who are practicing in rural or underserved areas
35     of this state; and such data shall be reported to the General Assembly by January 1, 1996.
36         8.      (MUSC: Realign Appropriations) In consultation with the House Ways and Means Committee and the Senate
37     Finance Committee, the Medical University of South Carolina is authorized to realign its Fiscal Year 1997-98
38     appropriations into a revised structure to reflect actual program operations.
42         1.      (TEC: Real Property Acquisition)  Before any local technical education area commission may acquire any real

TECHNICAL & COMPREHENSIVE EDUCATION BOARD                                                                      PAGE 447

 1     property, the approval of the State Board for Technical and Comprehensive Education and the State Budget and Control
 2     Board and the Joint Bond Review Committee shall be obtained.
 3         2.      (TEC: Training of New & Expanding Industry)  Notwithstanding the amounts appropriated in this section for
 4     "Special Schools", it is the intent of the General Assembly that the State Board for Technical and Comprehensive Education
 5     expend whatever available funds as are necessary to provide direct training for new and expanding business or industry.
 6     In the event expenditures are above the appropriation, the appropriation in this section for "Special Schools" shall be
 7     appropriately adjusted, if and only if, revenues exceed projections and the Budget and Control Board and the Joint
 8     Appropriations Review Committee approve approves the adjustment.
 9         3.      (TEC: Training of New & Expanded Industry Carry Forward)  In addition to the funds appropriated in this section,
10     any of the funds appropriated under this section for the prior fiscal year which are not expended during that fiscal year may
11     be carried forward and expended for direct training of new and expanding industry in the current fiscal year.
12         4.      (TEC: Training for New and Expanded Industry - Payments of Prior Year Expenditures)  The State Board for
13     Technical and Comprehensive Education may reimburse business and industry for prior year training costs billed to the
14     agency after fiscal year closing with the concurrence of the Comptroller General.
15         5.      (TEC: Special Events Entity)  That upon establishment of a new non-profit corporation that formerly functioned
16     as a program component of the State Board for Technical and Comprehensive Education, the accumulated balance of Other
17     Funds revenues net of all liabilities of that component's operations be transferred as appropriate to the new corporation
18     during Fiscal Year 1996-97.  Also, ownership of the equipment purchased from the Other Funds revenues will be transferred
19     to the new entity.
23         1.     (ETV: Grants/Contributions Carry Forward)  The Educational Television Commission shall be permitted to carry
24     forward any funds derived from grant awards or designated contributions and any state funds necessary to match such funds,
25     provided that these funds be expended for the programs which they were originally designated.
26         2.     (ETV: School Reception Equipment Purchase)  Of the funds appropriated to ETV for transmission and reception
27     equipment, $182,933 must be used exclusively to purchase school reception equipment.
28         3.     (ETV: New Facility Equipment Purchases & Renovations)  Notwithstanding any other provisions of law, the
29     Commission, with approval by the Budget and Control Board, is allowed to sell or lease its facilities, equipment, programs,
30     publications, and other program related materials, and funds received therefrom may be used for equipment purchases and
31     renovations of the new facility.
32         4.     (ETV: Adjacent Property Construction/Renovation)  The funds authorized for the Educational Television
33     Commission in sub-subitem (b) of subitem (15), Section 1, of Act 638 of 1988, may also be used for the construction and
34     renovation of properties adjacent to the state owned State-Record property.  These funds must not be spent on facilities
35     located on the adjacent properties until they are owned by the Education Television Endowment of South Carolina and until
36     the State has an option to acquire these properties from the Endowment for $1.00.
37         5.     (ETV: Digital Satellite)  The state's digital satellite video transmission system will support public and higher
38     education, enhance the statewide delivery of health care services, improve public service, and assist state agencies with
39     statewide personnel training.  To facilitate the achievement of these objectives, there is created a Video Resources Oversight
40     Council composed of representatives of the South Carolina Educational Television Commission, the State Department of
41     Education, the Commission on Higher Education, the Human Services Coordinating Council, and the Budget and Control
42     Board's Division of Budget and Analyses, Office of Information Technology Policy and Management.