SECTION 1 - H63 - DEPARTMENT OF EDUCATION

     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.
     1.2.      (SDE: Attendance/Lunch Supervisors)  The amounts appropriated in this section for Attendance Supervisors and for School Lunch Supervisors shall be used for the payment of salaries of one attendance supervisor and one lunch supervisor for each county.  In the absence of a County Board of Education, the salary will be proportionately distributed among the districts of the county on the basis of the 135 average daily membership of the prior year, provided that such funds must be used for the supervision of the Attendance Program and the supervision of the School Food Service Program respectively.  For the current fiscal year the local supplement to salaries of School Lunch Supervisors and School Attendance Supervisors shall not be reduced below the supplements paid in the prior fiscal year
     1.3.      (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.
     1.4.      (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 $2,033 $1,643 which includes a 0%  inflation factor.
     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.
     1.5.      (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.
     1.6.      (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.
     1.7.      (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.
     1.8.      (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.  Of the general fund appropriation to the Governor's School for Science and Mathematics, $30,000 must be used to provide for library and facilities improvements at Coker College that will be of benefit both to the college and the school.
     1.9.      (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.  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.
     1.10.      (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.
     1.11.      (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.
     1.12.      (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.
     1.13.      (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.
     1.14.      (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.
     1.15.      (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.  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.
     1.16.      (SDE: Transportation/Demonstration Sites)  The Department of Education may designate the Charleston, Beaufort and/or Jasper County School Districts as demonstration sites for privatization of student transportation services.  In addition, the Budget and Control Board may assist no more than three additional school districts desiring to privatize student transportation services.  Funding for these pilot sites shall not exceed that presently utilized to support school transportation in the sites.  Appropriated funds for school bus maintenance, school bus fuel, school bus drivers, and school bus fringe benefits are to be used for this project.
     1.17.      (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.
     1.18.      (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.
     1.19.      (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.
     1.20.      (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, $200,000 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.
     1.21.      (SDE: Praxis Waiver)  For individuals with work experience and content area degree, but who lack South Carolina teaching credentials, the State Board of Education, for the Program for Alternative Certification for Educators (PACE), is authorized to waive, for an individual program eligibility purposes, the satisfactory completion of the Praxis II subject area exam for up to twelve months one academic year after the first day of employment.  The individual granted this waiver shall be entitled to compensation under the school district's teacher salary schedule based on degree and years experience as a teacher.
     1.22.      (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.
     1.23.      (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.
     1.24.      (SDE: Statewide Systemic Initiative 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 Hubs Center for curriculum development at the South Carolina Aquarium.
     1.25.      (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.
     1.26.      (SDE: 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.  Districts may use this funding for grades one through three if they comply with the federal class size reduction guidelines.
     1.27.      (SDE: Teacher Data Collection)  Of the funds appropriated for K-12 Technology, the Department of Education in conjunction with the Commission on Higher Education shall design a system to collect 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 should ensure (1) a systematic collection of 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.
     1.28.      (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.
     1.29.      (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.
     1.30.      (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.
     1.31.      (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.
     1.32.      (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.
     1.33.      (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.  In addition, full implementation of the readiness tests for grades one and two required under Section 59-18-330 is delayed while the system is revised.  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 2002 2003 PACT assessment and further development of the South Carolina Readiness Assessment.
     1.34.      (SDE: Basic Skills Exam)  Any person required to take and pass the Basic Skill Examination pursuant to Sections 59-26-20 and 59-26-40, and fails to achieve a passing score on all sections shall be allowed to retake the test or a portion thereof.
     1.35.      (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.
     1.36.      (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.
     1.37.      (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.  To further encourage schools to emphasize SAT improvement, the high school earning the highest average gain in SAT scores shall receive a bonus of $50,000, and the 10 schools achieving the next highest gains shall each receive a bonus of $10,000.
     1.38.      (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.
     1.39.      (SDE: EAA Report Card Criteria)  Pending implementation of standards-based assessments for students in grades 9-12 and revised examination scores, the Education Oversight Committee may base ratings on criteria relevant to high school or career and technology center performance including, but not limited to, current exit examination performance and other criteria identified by technical experts and appropriate groups of educators.  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.
     1.40.      (SDE: Decrease Student:Resource Personnel Ratio)  Funds appropriated shall be used to increase the number of guidance counselors, and/or school safety officers in each school district.  The funding allocation shall be based proportionately on the number of high schools in each district.
     1.41.      (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.
     1.42.      (SDE: Library Access to Subscription Services)  Of funds appropriated in Part I, Section 1 XIII.D, Technology Initiative, $1.5 million shall be used for Library Access to Subscription Services by all public libraries, libraries of higher education institutions, and K-12 schools.  The amount shall be distributed to the South Carolina State Library for implementation of the program.
     1.43.      (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.  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 who have successfully completed three years of service as a teacher specialist may reapply for assignment as a teacher specialist.  Unsatisfactory schools that had previously received technical assistance under the Impaired School District Program may continue to receive the service of teacher specialists provided by the State for a fourth year if recommended by the review team and approved by the State Board of Education if the school meets the criteria of the tier proposal.  Teacher specialists who serve beyond three years are no longer guaranteed employment in their previous district 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.  Provided, further, that the Education Oversight Committee and the State Department of Education shall examine base and supplementary compensation for teacher specialists and those fulfilling similar responsibilities in other states to determine if adjustments in the compensation should be made to encourage teacher specialists to serve rural areas.  Recommendations should be provided to the General Assembly by December 31, 2002.
     1.44.      (SDE: 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.
     1.45.      (SDE: 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.
     1.46.      (SDE: Excellence in Middle School Initiative)  Funds appropriated for the Excellence in Middle Schools Initiative shall be 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.
     1.47.      (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.
     1.48.      (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.
     1.49.      (SDE: 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.
     1.50.      (SDE: DPS/DARE)  Of the funds appropriated for Other State Agencies and Entities for the Department of Alcohol and Other Drug Abuse Services, $200,000 must be transferred to the Department of Public Safety (DPS) for the operation of the Drug Abuse Resistance Education (DARE) program and for the training of DARE officers in the fifth-grade classes of public schools in the state, and $25,000 shall be used by the Department of Alcohol and Other Drug Abuse Services to provide matching funds for local governments and school districts for the DARE program.  A report on the effectiveness of the DARE program must be provided by DPS to the Education Oversight Committee by October 1 of each year.
     1.51.      (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.
     1.52.      (SDE: Historical Works)  Of the funds appropriated, $43,000 must be provided to the Department of Archives and History to assist South Carolina schools and educational professionals in the learning and teaching of primary research skills promoting the study and development of historical works.  These skills must be in line with the grade by grade academic achievement standards established under EAA.
     1.53.      (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.
     1.54.      (SDE: EAA Summer School, Grades 3-8)  Funds appropriated for summer school shall be allocated to each local public school district based on the number of academic subject area scores below the basic on the prior year Spring PACT administration for students in grades three through eight.  However, for school year 2002-2003 2003-2004, 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.
     1.55.      (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.
     1.56.      (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.
     1.57.      (SDE: Hold Harmless)  The provisions of 59-21-170 of the 1976 Code, as amended, do not apply for Fiscal Year 2002-03.
     1.58.      (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.
     1.59.      (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.
     1.60.      (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.
     1.61.      (SDE: Critical Need Certification/Displaced Employees)  The Department of Education is directed to give priority in the Critical Needs Certification program 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.
     1.62.      (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.
     1.63.      (SDE: School Districts and Special Schools Flexibility)  For 2002-03 2003-04, all school districts and special schools of this State may transfer up to twenty one hundred percent of funds between programs to any instructional program with the same funding source 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.
     1.64.      (SDE: Alternative School Waiver Requirement)  Notwithstanding any other provision of law, alternative schools may receive funding if the 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.
     1.65.      (SDE: Applied Curriculum Program)  Of the funds authorized in Part IA, Section 1.V., Other Operating Expenses for the federal School-to-Work Program, the Department of Education, in cooperation with a local school district, must conduct a pilot of an applied curriculum program for high school students who are at the greatest risk of dropping out of school.  The Education Oversight Committee shall review the pilot for consistency with State and Federal education goals, the potential to increase high school graduation rates and reduce the high school dropout rate, and the potential to increase student employability.  The Education Oversight Committee shall report to the House Education and Public Works Committee, the Senate Education Committee, and the State Board of Education annually for the duration of the pilot.
     1.66.      (SDE: Medical Examination 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.
     1.67.      (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.
     1.68.      (SDE: School Start Study)  The State Board of Education is directed to establish a task force comprised of superintendents, principals, teachers, parents, school board members, and representatives of business and industry, including tourism-related industries no later than July 1, 2002.  This task force to the extent possible shall be equally divided among proponents of existing or earlier starting dates for schools, proponents of later starting dates for schools, including proponents for dates after Labor Day, and persons who legitimately have no preferences.  The task force shall make recommendations to the board including, but not limited to, a suggested uniform beginning date for the annual school term.  Minimum necessary expenses, if any, associated with the work of this task force shall be paid from funds appropriated in Part IA, Section 1 II, Other Operating Expenses.  The task force shall report its findings to the State Board of Education no later than January 1, 2003.
     1.69.      (SDE: Lottery Carry Forward Authorization)  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
     1.70.      (SDE: Homework Centers Allocation)  The Department of Education is authorized to allocate 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.
     1.71.      (SDE: Reporting Consolidation)  Notwithstanding any other provision of law, the strategic plans and improvement reports required of the public schools and districts will be consolidated and reported as follows:  district and school five-year plans and annual updates and district programmatic reports, and school reports developed in conjunction with the school improvement council to parents and constituents to include recommendations of any Education Accountability Act external review teams as approved by the State Board of Education and the steps being taken to address the recommendations, and the advertisement of this report, are due on a date established by the Department of Education, but no later than April 30 annually; schools reviewed by external review teams shall prepare a report to the parents and constituents of the school to be developed in conjunction with the School Improvement Council and this report shall be provided and advertised no later than April 30 annually.  The school report card narrative continue on its prescribed dates.
     1.72.      (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.
     1.73.      (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.
     1.74.      (SDE: Economics Education)  DELETED
     1.75.      (SDE: Financial Requirements)  In Fiscal Year 2003-04 school districts are exempt from the requirements of Section 59-21-1030.
     1.76.      (SDE: Comprehensive Health Education)  For Fiscal Year 2003-04, a grant review panel shall be appointed to establish criteria, review applications, approve all grants, sub-grants, contracts, and subcontracts and select recipients for all grants, sub-grants, contracts and subcontracts of funds received by the Department of Education from the Federal Center for Disease Control.  This panel shall consist of five members appointed in the following manner:  two by the Governor, one appointed by State Board of Education, one by the President Pro Tempore of the Senate and one by the Speaker of the House of Representatives.  The panel shall ensure that all grants and any sub-grants or contracts sub-contracts awarded from these funds are administered in compliance with the South Carolina Comprehensive Health Education Act.
     1.77.      (SDE: School District Furlough)  For the 2003-2004 fiscal year only, 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.  Before any 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 any district employee 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 its employees in the manner in which it sees fit.  However, furloughs of instructional classroom and all other support staff may not exceed five days with no more than two of which may be instructional days and district and school administrators may be furloughed for a period up to ten days.  The local school district board of trustees shall take all reasonable action necessary to provide furlough days on in-service days and shall only provide for furlough days on instructional days if absolutely necessary.  All school districts are exempt from the defined minimum plan in Section 59-1-420 to the extent absolutely necessary to carry out this provision.
     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.
     1.78.      (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.  The Center for Teacher Recruitment 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 for Teacher Recruitment 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 are exempted from initial certification requirements and are eligible for 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.
     1.79.      (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 June 30, 2004.

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.
     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 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/CHE 8th Grade Advisement)  Of the funds appropriated in Part IA, Section 1 XI.A.1. Gifted and Talented, $402,250 shall be used by the Commission on Higher Education to be expended on the eighth grade advisement program.  The Commission on Higher Education must provide a report on the effectiveness of the advisement program to the Education Oversight Committee by October 1 of the current year.
     1A.5.      (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.6.      (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.7.      (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.8.      (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.9.      (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.10.      (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.11.      (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.12.      (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.13.      (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 adult education students scoring below the BSAP standard on any portion of the exit examination at a weight of .114 of the base student cost as defined in the Education Finance Act.
     1A.14.      (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 based on the previous three years' average for students tested as "not ready" on the CSAB, however, no district shall receive less than 90 percent of the amount it received in the prior fiscal year.
     1A.15.      (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.16.      (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.17.      (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.18.      (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.19.      (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 $39,551 $40,659.  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.20.      (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.21.      (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.22.      (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.23.      (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.  The remaining $225,000 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, the middle grade reading, science, and math resource and career exploration project of the sixth grade class at Kingstree Elementary School at no more than $25,000.  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.24.      (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 $4,701,751 to the S.C. Center for Teacher Recruitment for a state teacher recruitment program, of which $3,146,056 must be used for the Teaching Fellows Program and of which $200,000 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.  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.25.      (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.26.      (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.27.      (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.  Of the funds appropriated in Part IA, Section 1 XI.B. for the Parenting/Family Literacy, $100,000 must be used for the Child Abuse Awareness and Prevention Project at Winthrop University and $125,000 must be used for the Accelerated Schools Project at the College of Charleston.
     1A.28.      (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.29.      (SDE-EIA: XI.A.1-Local School Innovation Fund)  The funds provided for the Local School Innovation Fund shall be distributed to the school districts on a fifty percent average daily membership and fifty percent EFA basis and shall be expended by the individual school in accordance with the school's long-range school improvement plan pursuant to Act 135 of 1993.  Funds shall be accounted for in accordance with the EIA program or strategy.
     1A.30.      (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.  The Center for Teacher Recruitment 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 XI.C.3. for National Board Certification, the State Department of Education shall transfer to the Center for Teacher Recruitment 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 are exempted from initial certification requirements and are eligible for 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.31.      (SDE-EIA: XI.C.4-SC Statewide Systemic Initiative CSO Mathematics and Science Unit)  The funds appropriated in Part IA, Section 1 XI.C.4. shall be used for Mathematics and Science Hubs 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 and which assist teachers in using computers in the classroom.
     1A.32.      (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.33.      (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.34.      (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, develop classroom assessments consistent with the standards and PACT-style testing, and analyze PACT results for needed modifications in instructional strategies.  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.
     1A.35.      (SDE-EIA: XI-Lapsed Funds and Revenue Shortfall)  Notwithstanding any other provision of law, any lapsed funds, to include unexpended appropriated funds or revenue in excess of appropriations in the EIA Fund, in any prior or current fiscal year must first be used to offset an official EIA revenue shortfall declared by the Board of Economic Advisors and then to fund any school district's appropriation deficit in EIA Teacher Salary Supplement, Teacher Salary Supplement Fringe, or National Board Certification Incentive.  The remaining lapsed funds must be used in accordance with S.C. Code of Laws Section 59-21-420.  Furthermore, in the event an official EIA revenue shortfall is declared, funds appropriated for EIA teacher salaries and related fringe benefits in Part IA, Section 1 XI.C.3. and XI.F.3. are exempt from any reduction required to offset the shortfall.
     1A.36.      (SDE-EIA: XI.C.3-Teacher Supplies)  From the funds appropriated, all certified public school, or 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 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 $200 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 $200.  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.37.      (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.
     1A.38.      (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.39.      (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.40.      (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 who have successfully completed three years of service as a teacher specialist may reapply for assignment as a teacher specialist.  Unsatisfactory schools that had previously received technical assistance under the Impaired School District Program may continue to receive the service of teacher specialists provided by the State for a fourth year if recommended by the review team and approved by the State Board of Education if the school meets the criteria of the tier proposal.  Teacher specialists who serve beyond three years are no longer guaranteed employment in their previous district 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.  Provided, further, that the Education Oversight Committee and the State Department of Education shall examine base and supplementary compensation for teacher specialists and those fulfilling similar responsibilities in other states to determine if adjustments in the compensation should be made to encourage teacher specialists to serve rural areas.  Recommendations should be provided to the General Assembly by December 31, 2002.
     1A.41.      (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.42.      (SDE-EIA: XI.A.3-Institute of Reading)  Of the funds appropriated for the Institute of Reading, $500,000 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.
     1A.43.      (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.
     1A.44.      (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.45.      (SDE-EIA: Teacher and Principal Specialists)  For each principal specialist funded and designated to a school district, the school district may must designate an apprentice to work with the specialist.
     1A.46.      (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.
     1A.47.      (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.  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.
     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, 2003 annually.
     1A.48.      (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.49.      (SDE-EIA: School Districts and Special Schools Flexibility)  For 2002-03 2003-04, all school districts and special schools of this State may transfer up to twenty one hundred percent of funds between programs to any instructional program with the same funding source 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.
     1A.50.      (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.
     1A.51.      (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.
SECTION 1AA - H66 -LOTTERY EXPENDITURE ACCOUNT

     1AA.1.      (LEA: Lottery Funds)  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.  Additionally, for Fiscal Year 2003-04 the maximum amount of administrative expenses authorized pursuant to Section 59-150-350 is reduced from fifteen percent to thirteen percent for the year, including retailer commissions in an amount of not less than seven percent of gross proceeds; and in addition to the amount of the net lottery proceeds and investment earnings that the Board of Economic Advisors has projected for Fiscal Year 2003-04, two percent of the actual gross lottery proceeds earned in Fiscal Year 2003-04 must be deposited in the Education Lottery Account and used for educational purposes.  Further, and notwithstanding the provisions of Chapter 150 of Title 59 or any other provision of law, for Fiscal Year 2003-04, in addition to any other deposits of lottery proceeds required to be deposited in the Education Lottery Account pursuant to this paragraph or otherwise, an additional $1,800,000 of gross lottery proceeds also must be deposited in the Education Lottery Account and used for educational purposes.  For Fiscal year 2003-04 certified net lottery proceeds and investment earnings of $173,000,000 and any other proceeds identified by this provision are appropriated as follows:  Commission on Higher Education--LIFE Scholarships as provided in Chapter 149 of Title 59, $40,000,000; Commission on Higher Education--HOPE Scholarships as provided in Section 59-150-370, $6,294,176; Commission on Higher Education--Palmetto Fellows Scholarships as provided in Section 59-104-20, $5,000,000; Commission on Higher Education--Need-Based Grants, $3,000,000; Tuitions Grants Commission--Tuition Grants, $3,000,000; Commission on Higher Education--National Guard Tuition Repayment Program as provided in Section 59-111-75, $1,500,000; Commission on Higher Education--Endowed Chairs as provided in Chapter 75 of Title 2, $30,000,000; Technology: Public 4-Year Universities, 2-Year Institutions, and State Technical Schools, $10,000,000; Department of Education--K-5 Reading, Math, Science & Social Studies Program as provided in Section 59-1-525, $40,000,000; South Carolina State University--$3,000,000; State Library--Aid to County Libraries as provided in Section 59-150-350(D), $1,500,000;  Department of Education--Education Accountability Act Increase, $23,503,683; and State Board for Technical and Comprehensive Education--Tuition Assistance Two-Year Institutions, $19,830,626.  The funds appropriated to the Department of Education for the Education Accountability Act shall be used to provide homework centers ($1,548,440); teacher specialist ($12,581,069); principal specialist ($2,270,302); external review teams ($1,466,872); Palmetto Gold/Silver Awards ($1,000,000); and retraining grants ($4,637,000).  For Fiscal Year 2003-04 the State Board for Technical and Comprehensive Education is appropriated the first $8,000,000 of unclaimed prize money for Tuition Assistance Two-Year Institutions.  All lottery revenues generated in excess of the lottery projection, and in excess of funds estimated from unclaimed prizes are appropriated as follows: Sufficient funds will be appropriated to the State Board for Technical and Comprehensive Education in order to fully fund the above listed $8,000,000 for Tuition Assistance Two-Year Institutions and the remainder is appropriated to the Department of Education for the purchase and repair of school buses.  If the lottery revenue received for Fiscal Year 2003-04 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.  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.2.      (LEA: Audit)  The State Auditor shall audit lottery expenditures to ensure that state agencies, institutions, departments, and school districts are using lottery funds in accordance with the provisions of Chapter 150 of Title 59, the South Carolina Education Lottery Act.

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.

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.  Any students not currently funded under the Education Finance Act for the average State share of the required weighted cost shall be funded through unallocated Education Finance Act funds for Fiscal Year 2001-2002.
     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)  To facilitate the period of initial program start-up, 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: Councils, Committees, Etc., Representation)  Each four-year campus of each state-supported public institution of higher learning, as defined in Section 59-103-5, shall have the same representation on all formal and informal councils, advisory groups, committees, and task forces of the commission.  Independent four-year colleges shall have representation on all formal and informal committees and commissions dealing with higher education statewide issues.
     5A.5.      (CHE: Access & Equity Programs)  Of the funds appropriated herein for Access and Equity Programs, the Commission on Higher Education shall distribute at least $105,319 to South Carolina State University, $26,309 to Denmark Technical College, and $630,696 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.6.      (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.7.      (CHE: Reciprocal Tuition)  The University of South Carolina's Aiken Campus and Aiken Technical College may offer in-state tuition to any student whose legal residence is in the Richmond/Columbia County area of the neighboring state of Georgia as long as the Georgia Board of Regents continues its Georgia Tuition Program by which in-state tuition is offered to students residing in the: (1) Aiken/Edgefield/McCormick County Area of the State of South Carolina; or (2) if the Georgia Board of Regents does not extend its Georgia Tuition Program to include McCormick County residents, then students residing in the Aiken/Edgefield County Area of the State of South Carolina.
     5A.8.      (CHE: SC Manufacturing Extension Partnership)  The South Carolina Commission on Higher Education shall review annually the activities of the South Carolina Manufacturing Extension Partnership, make a budget recommendation to the General Assembly, and coordinate the allocation of funds among all participating institutions.  The funds appropriated to the University of South Carolina - Columbia for the South Carolina Manufacturing Extension Partnership may not be used for any other purpose.  The commission shall review the membership of the South Carolina Manufacturing Extension Partnership Board to insure appropriate representation of all participating institutions.
     5A.9.      (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 2002-03 2003-04 a maximum of $250 per semester above the increase in the Higher Education Price Index.  If an institution's tuition and fees are below the state average for tuition and fees, then this restriction does not apply.  The state average tuition shall be calculated separately, considering any tuition rebates, for research institutions and four-year universities as defined in Section 59-103-15(B), with the Medical University of South Carolina being excluded due to it being the only free-standing health science center in the state.
     5A.10.      (CHE: Advanced Placement)  Students successfully completing advanced placement courses and receiving a score of three (3) or above on the exam shall receive advanced placement credit for each course in all post-secondary public colleges in South Carolina.
     5A.11.      (CHE: African-American Loan Program)  Of the funds appropriated to the Commission on Higher Education for the African-American Loan Program, $208,866 shall be distributed to South Carolina State University and $74,596 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.12.      (CHE: Scholarship and Grants Allocation) In instances where the equal division of the appropriated funds between need-based grants and the Palmetto Fellows Program exceeds the capacity to make awards in either program, the Commission on Higher Education has the authority to reallocate the remaining funds between the two programs.  Public and independent higher education institutions must give first priority for need-based grants to children and young adults in the custody of the State Department of Social Services.  Institutions and the Commission on Higher Education shall accept written verification from DSS that the child or young adult is in the custody of DSS, and must provide the maximum amount allowed by law for that need-based grant.
     5A.13.      (CHE: Sister-State Fee Waiver)  Beginning July 1, 1998, State-supported colleges and universities, including the technical colleges, may waive the nonresident portion of tuition and fees for those students who are participating in international Sister-State agreement programs which the Governor and the General Assembly have entered to promote the economic development of South Carolina. The nonresident fee waiver for the students is applicable only for those Sister-State agreements where South Carolina students receive reciprocal consideration. The Commission on Higher Education, through coordination with the Budget and Control Board, will annually notify institutions of the Sister-State Agreements eligible for the nonresident fee waiver.  The credit hours generated by these students shall be included in the Mission Resource Requirement for funding.
     5A.14.      (CHE: College Attendance)  Employees of public colleges and universities and technical colleges may attend classes at an institution of higher learning and receive tuition assistance in accordance with Budget and Control Board guidelines and regulations.
     5A.15.      (CHE: Pharmacist Permits)  College and University Athletic Department's 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.  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 a pharmacist-in-charge unless he is physically present in the pharmacy and the requirement that a pharmacist may not serve as pharmacist-in-charge for more than one pharmacy at a time.  Physicians who are in charge or who directly supervise the operation of College and University Athletics Department training rooms may dispense prescription drugs owned by the facility in order to meet the needs of student-athletes participating in Athletics Department activities or programs.  Records of drugs dispensed must be maintained and properly accounted for by the Athletics Department physician.  A valid physician-patient relationship shall exist between the Athletics Department physician and the student-athlete before dispensing prescription drugs in the Athletics Department training room.  Drugs dispensed by the Athletics Department physician must be properly labeled in accordance with federal and state law.
     5A.16.      (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.17.      (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.18.      (CHE: LIFE Scholarship for Two-Year Independent Institutions)  Beginning with school year 2001-2002, eligible resident students attending two-year independent institutions may not receive an annual LIFE Scholarship of more than the maximum cost of tuition at two-year regional public institutions for thirty credit hours a year or its equivalent.
     5A.19.      (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.20.      (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.21.      (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.22.      (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.23.      (CHE: Performance Improvement Pool Allocation)  Of the funds appropriated to the Commission on Higher Education under Section XI. Special Items: Performance Funding, $1,848,562 will be allocated to the EPSCoR program under the Commission on Higher Education to improve South Carolina's research capabilities, $462,141 will be allocated to South Carolina State University as matching funds for the Transportation Center, and $462,141 will be allocated to support the management education programs of the School of Business at South Carolina State University.
     5A.24.      (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.25.      (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.26.      (CHE: Palmetto Fellows Reapplication)  Notwithstanding any current provision of law, any student that received a Palmetto Fellows Scholarship Award as a senior in High School but declined the award may be 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 South Carolina public four-year institution of higher learning as defined in Section 59-103-5.  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.  The funding for these students shall come from any lottery appropriations to the Palmetto Fellows program which are in excess of the amount needed to fund students who qualify under the regulations set forth by the Commission on Higher Education.  If funding from this source is not available, the students covered under this proviso will not receive the award.
     5A.27.      (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 from any source except state appropriations to the institution derived from taxes or fees imposed or authorized to be imposed by the General Assembly, or any other state appropriations derived from taxes or fees imposed or authorized to be imposed by the General Assembly.
     5A.28.      (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.29.      (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.
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.
     5D.2.      (CU: Antenna and Tower Placement)  DELETED

SECTION 5J - H24 - SOUTH CAROLINA STATE UNIVERSITY

     5J.1.      (SCSU: Study Committee)  There is created a study committee to assess the sustainable needs of South Carolina State University.  The committee shall include, but is not limited to, the examination of funding, the amount of deferred maintenance needs, and the future needs of the institution and its community.  The committee shall be comprised of three members appointed by the Governor, three members appointed by the Speaker of the House, and three members appointed by the President Pro Tempore of the Senate.  Two of The Governor's appointees shall represent the South Carolina State University community, including one member from the institution's alumni association.  Of the House appointees, one member shall be from the Ways and Means Committee and one member from the Education and Public Works Committee.  Of the Senate appointees, one member shall be from the Senate Finance Committee and one member from the Senate Education Committee.  A report shall be provided to the General Assembly by January 2, 2003.  Upon submission of the report, the committee shall be dissolved.

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 $200,000 appropriated to the University of South Carolina - Beaufort for the Penn Center Project shall not be used for any other purposes.

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: Alzheimer's Research)  Of the funds appropriated to the Medical University of South Carolina, the University shall use $10,000 for Alzheimer's research.

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.
     5N.5      (TEC: Professionally Licensed Training)  No state funds, appropriated pursuant to this section, may be used to offer new courses for preparing students to stand a state professional licensing examination for cosmetology in order that they be professionally licensed under the licensing requirements administered by the Department of Labor, Licensing or Regulation, in a county where there is available two (2) or more public and/or private funded schools offering such training.
     5N.6.      (TEC: Missing and Exploited Children)  Of the state appropriations to the State Board for Technical and Comprehensive Education, $95,000 shall go to the Missing and Exploited Children program.

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: School Reception Equipment Purchase)  Of the funds appropriated to ETV for School Services, $166,713 must be used exclusively for school reception equipment supplies and maintenance.
     6.3.      (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 the new facility its facilities.
     6.4.      (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.  The department must transfer $1,486,858 to the General Fund of the State during the current fiscal year.
     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: Client Services)  The Vocational Rehabilitation Department and the Commission for the Blind are directed to work together to identify opportunities to better coordinate and refer eligible clients for services available from either agency.  The two agencies shall jointly submit a report to the Chairmen of the House Ways and Means Committee and the Senate Finance Committee by December 2002 on the progress of the two agencies in improving client access to all services for which they are eligible.
     7.8.      (VR: Sale of Real Property with Improvements)  Notwithstanding any other provision of law, 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.

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: Medicaid Income Limitation)  The income limitation for the Medicaid Program shall continue to be three hundred percent of the SSI single payment maximum.
     8.5.      (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.
     8.6.      (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.
     8.7.      (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.
     8.8.      (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.
     8.9.      (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.
     8.10.      (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.
     8.11.      (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.
     8.12.      (DHHS: Child Care and Development Block Grant)  The Department of Health and Human Services in coordination with the Department of Social Services, shall use the Child Care and Development Block Grant funds to support the state's welfare reform program (Family Independence Act of 1995) and to provide temporary child care services to other low income working families      .
     8.13.      (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.
     8.14.      (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.
     8.15.      (DHHS: State Match Funding Formula)  Of the state funds appropriated under "Distribution to Subdivisions", the first allocation by the department shall be for the provision of required State matching funds according to the department's 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.
     8.16.      (DHHS: Registration Fees)  The department is authorized to receive and expend registration fees for educational, training, and certification programs.
     8.17.      (DHHS: Division on Aging Transfer)  Notwithstanding any other provision of law, the duties, functions and responsibilities of the Division on Aging in the Office of the Governor are transferred to the Department of Health and Human Services as the Office on Aging.  The director of the department must employ a deputy director to be the administrator for the office.
     8.18.      (DHHS: Chiropractic Services)  From the funds appropriated herein, the department is directed to provide coverage for medically necessary chiropractic services for Medicaid eligible recipients.  The department must annually evaluate the success of this service in reducing Medicaid costs.
     8.19.      (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.
     8.20.      (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.
     8.21.      (DHHS: Rehabilitative Therapy Services Fund)  There is established the Rehabilitative Therapy Services Fund for the payment to private providers for Medicaid eligible children.  The services include physical, occupational and speech therapies, as well as audiological services that are provided by private providers to Medicaid eligible children.  The Fund consists of state matching funds provided by the Department of Health and Human Services, the Department of Health and Environmental Control, the Department of Education, and the Department of Disabilities and Special Needs as provided in Fiscal Year 2000-01, based on Medicaid expenditures to private providers and direct service staff of Rehabilitative Therapy Services for that fiscal year.  If additional funds are required, each agency's share of the additional funds will be determined in accordance with authorized by a methodology to be designed and agreed upon by the agency directors.
     8.22.      (DHHS: DAODAS Prior Authorization Program)  The Department of Health & Human Services is to continue to provide state matching funds up to $200,000 for the support of the Department of Alcohol and Other Drug Abuse Services (DAODAS) prior authorization program for alcohol and drug abuse services for FY 2000.  Prior to receiving subsequent year funding, DAODAS must provide documentation that the system is cost effective and supportive of a continuum of services that will increase the linkage between inpatient services and necessary follow-up services in the DAODAS system that improve client outcomes.
     8.23.      (DHHS: Pediatric Sub-Specialists)  The monies appropriated for pediatric physician sub-specialists shall only be available to a physician who: a) in his/her medical practice, has at least 85% of their patients who are children 18 years or younger; b) practices in the following sub-specialties: Adolescent Medicine, Cardiology, Cardiothoracic Surgery, Critical Care, Emergency Medicine, Endocrinology, Gastroenterology/Nutrition, Genetics, Hematology/Oncology, Infectious Disease, Nephrology, Neurology, Neurological Surgery, Opthamology, Orthopaedic Surgery, Otolaryngology, Psychiatry, Pulmonology, Rheumatology, Surgery, Urology and such other pediatric sub-specialty areas as may be determined by the department, after consultation with the Children's Hospital Collaborative; and c) is affiliated through appointment, privileges or other contractual arrangement for services with a Children's Hospital/healthcare system which meets criteria for institutional or associate membership established by the National Association of Children's Hospitals and Related Institutions (NACHRI) or which is affiliated with a NACHRI qualified institution.
     8.24.      (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; regardless of provisions in the note purporting to limit or restrict the instrument's negotiability.  The foregoing shall not apply if the Note in question comports with the following terms:
     1.      The note imposes a reasonable rate of interest;
     2.      The note requires all accrued interest to be paid on a monthly basis; and
     3.      The monthly income generated by the note, when added to the monthly income of the holder of the note, determined on the date of the note, does not exceed the Statewide Average Nursing Home Private Pay Rate as used by the South Carolina Medicaid Program in applying the provisions of 42 USC 1396p(c).
     For the purposes of this provision, the instrument shall be deemed to impose a reasonable rate of interest, if the interest rate is greater than or equal to the Applicable Federal Rate as defined under the Internal Revenue Code of any successor provision thereto and the regulations thereunder for the month the note is created.
     8.25.      (DHHS: Fraud and Abuse Collections)  The Department of Health and Human Services may offset the administrative costs associated with controlling fraud and abuse.
     8.26.      (DHHS: Prescription Cost Savings)  The Department of Health and Human Services shall annually report cost savings that result from the automated point-of-sale, prospective drug utilization review system.
     8.27.      (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 2003 Legislative Session.
     8.28.      (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 tax on licensed hospitals imposed pursuant to Article 11, Chapter 23, Title 12 of the 1976 Code, must equal forty-nine and one-half million dollars.
     8.29.      (DHHS: Reimbursement to School Districts)  For the purpose of Medicaid reimbursement for FY 2001-02, rates cannot be less than the FY 2000-01 rates for therapy services provided by school districts.
     8.30.      (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.
     8.31.      (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.
     8.32.      (DHHS: Psychological Services for Children)  The Department of Health and Human Services shall suspend restrictions placed on reimbursements for counseling and mental health programs as a result of the Medicaid Bulletin issued on October 31, 2001 and as further clarified on November 30, 2001.
     8.33.      (DHHS: Medicaid Balanced Budget)  It is the intent of the General Assembly for the department to take the following initiatives: School Districts - The department shall withhold and retain up to $20,000,000 in increased revenue earned by school districts in the prior fiscal year and through June 30, 2003, as a result of rate changes and/or activation of Medicaid payment for new services.  The Department of Education (SDE) and school districts shall aggressively pursue Medicaid reimbursement including administrative claiming and transportation services.  Medicaid Coverage - The department must submit an application for a waiver to increase the agency's discretion in administering the program including the use of premiums, deductibles, and co-pays by persons earning more than $30,000.  The purpose of the waiver is to allow the agency to adjust eligibility standards.  The waiver should be used to lower the costs of providing service to current higher income recipients.  Eligibility Determination Integrity Measures- DHHS must improve the accuracy and integrity of the eligibility determination program.  DHHS shall institute a program to more closely scrutinize eligibility workers out stationed in provider offices.  The eligibility determination measures must include, but are not limited to documented proof of citizenship or legal alien status is required; re-application; termination of enrollees who have provided false information; an annual report to the General Assembly regarding the implementation of the above measures.  In addition, the department must develop, publish and implement a plan for improving the eligibility determination process by October 30, 2002.  The plan must address: a) auditing and testing measures that are statistically valid; b) recommendations for streamlining the eligibility process; c) automation for efficiency and cost-savings; d) on-line cross checks with IRS, SSA and state wage databases; e) verification of employer sponsored insurance; f) termination of eligibility of employee who fail to provide truthful information; g) annual reporting to the General Assembly of applicants, enrollment, utilization, and the statistically valid auditing of the determination program.
     8.34.      (DHHS: Prescription Reimbursement Payment Methodology)  The two dollar and five cents reduction in the prescription reimbursement payment methodology provided in item II of Medicaid Bulletin Pharm 01-06, published by the Department of Health and Human Services on November 7, 2001, is suspended effective with reimbursements paid for Medicaid prescriptions filled on and after July 1, 2002.  The prescription dispensing fee for the current fiscal year is $4.05 per prescription filled.
     8.35.      (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.
     8.36.      (DHHS: Computer Analysis)  The Department of Health and Human services shall cooperate and provide the necessary information in order that a computer analysis may be performed to identify areas where the Medicaid program could increase quality and reduce overall program costs.  The analysis shall proceed upon the approval of the President Pro Tempore of the Senate, the Chairman of the Senate Finance Committee, the Speaker of the House, and the Chairman of the House Ways and Means Committee.  The results of the analysis shall be provided to the Senate Finance Committee and the House Ways and Means Committee upon its completion.  No General Funds may be expended for this study.
     8.37.      (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.
     8.38.      (DHHS: Medicaid Fiscal Impacts)  For dollars appropriated to the Department of Health and Human Services, the Director must submit fiscal impact statements to the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, and the Health Subcommittee Chairmen of the Senate Finance Committee and the House Ways and Means Committee whenever the department plans to announce a change to eligibility, coverage, duration or scope of services, reimbursement rates of providers or any other changes that would affect Medicaid spending.  The fiscal impact statements must be submitted prior to announcing changes to the Chairmen not less than two weeks prior to the announcement of the change via the department's published bulletin or other written communication of the planned change(s).  The report must also be electronically sent to all members of the General Assembly.  The fiscal impact statement must specify the providers, services and sources of funds affected and the method of calculating the fiscal impact.
     8.39.      (DHHS: Medicaid Cost Savings Suggestion Award Program) The department shall develop policies and procedures for a Medicaid Cost Savings Suggestion Award Program.  The department shall establish an in-house committee to administer the program.  Employees of the department are not eligible for cash awards.  The department is authorized to provide cash or honorary awards to employees of Medicaid providers whose suggestion is adopted by the committee that will result in savings of state or federal dollars. 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.  Prior to implementation of the program, the department must first obtain approval of the Budget and Control Board.
     8.40.      (DHHS: Medication Exemptions)  Notwithstanding any other provision of law, a requirement to obtain prior authorization, or any other restrictions on medications used to treat: mental illnesses including, but not limited to, schizophrenia, depression, or bipolar disorder; cancer; hemophilia; and HIV may not be imposed on Medicaid recipients.
     8.41.      (DHHS: Alzheimer's Funding)  Of the funds appropriated to the Department of Health and Human Services for Alzheimers, $405,000 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.
     8.42.      (DHHS: Eligibility Determination/Funding Reform)  The South Carolina Department of Health and Human Services should explore limiting coverage groups to more essential services as opposed to a full coverage plan.  The department shall continue to improve Eligibility Determination Integrity Measures.  The department must improve the accuracy and integrity of the eligibility determination program.  The eligibility determination measures should include in all instances where there is no medical or physical hindrance: 1) applicants, family members, or third parties must apply in person with an eligibility worker; 2) fax or mail-in applications are prohibited; 3) documented proof of citizenship or legal alien status is required; 4) A "face to face" re-application every twelve months is required except for the elderly and persons with handicapping conditions; 5) applicants, parents, the responsible party, or persons holding a power of attorney for the applicant must sign the application, which will attest to the accuracy of the information provided and provide for consent of applicant for eligibility search; 6) termination of enrollees who have provided false information; 7) an annual report to the General Assembly regarding the implementation of the above measures.  In addition, the department must develop, publish and implement a plan for improving the eligibility determination process by October 30, 2003.  The plan must address: a) auditing and testing measures that are statistically valid; b) recommendations for streamlining the eligibility process; c) automation for efficiency and cost-savings; d) on-line cross checks with S.C. Department of Revenue, Social Security Administration, and state wage databases; e) verification of employer sponsored insurance; f) termination of eligibility of employees who fail to provide complete and truthful information; g) annual reporting to the General Assembly of applicants, enrollment, utilization, and the statistically valid auditing of the determination program.  Further, the department is directed to maximize the use of managed care and explore privatization of the eligibility unit.  It is the intent of the General Assembly for the department to take the following initiatives: School Districts - The department shall withhold and retain up to $20,000,000 in increased revenue earned by school districts in the prior fiscal year and through June 30, 2004, as a result of rate changes and/or activation of Medicaid payment for new services.  The Department of Education and school districts shall aggressively pursue Medicaid reimbursement including administrative claiming and transportation services.
     8.43.      (DHHS: Nursing Homes)  During the current fiscal year, the Department of Mental Health and the Department of Health and Human Services must work together to provide for the privatization of the operation of skilled nursing facilities licensed to and operated by the Department of Mental Health.
     8.44.      (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.

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 "Public Health Districts" "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 merit system or 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 "Public Health Districts" 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 $1,168,409 $1,118,789 and the hemophilia assistance program, $566,477 $539,898 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 the following programs: Health Promotion, Preventive Health Services, and Maternal and Child Care.
     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, $2,555,195 $2,302,018, to Emergency Medical Services shall not be transferred to other programs within the department's budget.  In addition, when instructed by the Budget and Control Board or the General Assembly to reduce funds by a certain percentage, the department may not reduce the funds appropriated for EMS Regional Councils or Aid to Counties greater than such stipulated percentage.
     9.11.      (DHEC: Rape Crisis Centers Violence Prevention - Abstinence Education Contract #00-S1808-A2781)  Of the amounts appropriated in Primary Care-Case Services Rape Violence Prevention, $651,107 $642,430 shall be used for rape crisis centers around the state, and of the amounts appropriated under the provisions of Title V, Section 510 and funded with federal and state matching funds supplied by the Department of Health and Environmental Control and by the Department of Social Services in the preceding fiscal year, the whole amount shall be used for primary prevention services and must continue to be under contract at the same funding level, for the same purposes with the agency under contract with the State of South Carolina as of December 2000 for the current fiscal year.  Distribution of the $651,107 $642,430 must be based on  the Department of Health and Environmental Control Rape Crisis Violence Prevention services standards and expenditures and monitored by the Department of Health and Environmental Control, and the Abstinence Education contract must be governed by the congressional Title V, Section 510 legislative definition.
     9.12.      (DHEC: Sickle Cell Blood Sample Analysis)  $16,000 is appropriated in Maternal and Child Care 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)  $1,375,000 $1,320,000 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 Children's Rehabilitative Services 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 $222,390 $213,494 appearing under the Maternal and Child Care Section 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, photo copies and certificate forms, including but not limited to, pet rabies vaccination certificate books, sale of listings and labels, sale of State Code and Supplements, sale of films and slides, sale of maps, sale of items to be recycled, including used motor oil and batteries, etc., sale and/or licensing of software products developed and owned by the Department, and collection of registration fees for non-DHEC employees.
     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.  All fees remaining unpaid thirty (30) days after billing will be issued a late notice with no penalty due, however, it will contain advisement of penalty for non-payment after sixty (60) days.  Fees remaining unpaid after sixty days will be assessed a ten percent (10%) penalty.  Fees remaining unpaid at the end of ninety (90) days will be assessed a twenty-five percent (25%) penalty in addition to the sixty-day penalty.  The department may waive any or all of the assessed penalties 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: Special Permits)  Notwithstanding any other provisions of law or Rule and Regulation where the State of South Carolina is exposed to compensation requirements of the Constitutions, the department is hereby authorized to issue special permits pursuant to Section 48-39-290(D) for habitable structures not to be larger than 5,000 square feet of heated space.
     9.26.      (DHEC: Permit Application)  Permit Application fees collected pursuant to Section 48-39-145 of the 1976 Code must be retained by the department and used to both establish the Coastal Resources Access Fund to be administered by the Office of Ocean and Coastal Resource Management, and to offset the administrative costs of the permitting program.  The office shall make matching grants from the Coastal Resources Access fund on a 50/50 basis to local governments in the South Carolina Coastal Zone for projects which enhance the public's use and enjoyment of coastal resources.
     9.27.      (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.
     9.28.      (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.
     9.29.      (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).
     9.30.      (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.
     9.31.      (DHEC: Osteoporosis Education)  If funds are available and received from the Legislature to the Osteoporosis Fund, the department is directed to provide these funds for implementation of programs consistent with the provisions of the Osteoporosis Prevention, Treatment and Education Act of 1997 (Act No. A79).
     9.32.      (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.
     9.33.      (DHEC: MCH-Abstinence Education Contract)  The agency under contract with the State of South Carolina as of December 2000, and funded with federal and state matching 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  The MCH-Abstinence Education contract must be governed by the congressional Title V, Section 510 legislative definition.
     9.34.      (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.
     9.35.      (DHEC: Parental Notification)  Of the funds appropriated DHEC, shall collect and hold information and records and must not release or make public, upon subpoena or otherwise, except in cases involving a minor, the name of the minor and medical information concerning the minor and must report to the parents or guardian of the minor or to a person standing in loco parentis to the minor, if a minor has Acquired Immunodeficiency Syndrome (AIDS) or is infected with Human Immunodeficiency Virus (HIV), the virus that causes AIDS, and is attending the public schools, the superintendent of the school district and the nurse or other health professional assigned to the school the minor attends must be notified.
     9.36.      (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.
     9.37.      (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, and 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.
     9.38.      (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 increases in fees listed in regulation R61-64 Title B (X-Rays) effective May 9, 2001.
     9.39.      (DHEC: Head Lice)  Notwithstanding any other provision of law, the Department of Health and Environmental Control is authorize to expend $200,000 in other fund accounts in order to fund the head lice program statewide.
     9.40.      (DHEC: Catawba River and Waccamaw Rivers Study)  From funds appropriated in Part IA, Section 9 of this act, the director of the department shall provide for expenses so that the department must enter into discussions with the Secretary of the North Carolina Department of Environment and Natural Resources regarding water quality and quantity of the Catawba River and Waccamaw Rivers and the impacts of all discharges made into the river rivers and removal of water from the river rivers in both the State of South Carolina and the State of North Carolina.  Pending the results of the study, the department must not issue a permit for the siting of a new waste water treatment plant that will discharge into the Catawba River until June 30, 2003 2004 or until the final results of the study are published, whichever occurs first.  The study will allow for input from stakeholders representing each county along the watershed of the Catawba River and Waccamaw River System Systems.
     9.41.      (DHEC: Administrative Fee - Alter Critical Area Application)  The administrative fee authorized by Section 48-39-145 of the 1976 Code associated with the application for a permit for alteration of a critical area, as defined in Section 48-39-10, shall be $250 for non-commercial activities.  The department may raise or lower the fee by regulation after complying with the requirements of the Administrative Procedures Act.  If an applicant is unable to pay the administrative fee because of hardship, the applicant shall submit a notarized affidavit to such effect.  If after reviewing the affidavit the department determines that such hardship exists, the administrative fee shall be waived.
     9.42.      (DHEC: Use of Funds)  Notwithstanding any other provision of law, for the fiscal year beginning July 1, 2002 and ending June 30, 2003, the department may transfer to the agency general operating budget up to $4,000,000 from funds authorized under the following sections of the South Carolina Code of Laws, 1976, as amended:  Section 44-56-170 (F) (1), Hazardous Waste Fund; Sections 44-96-176 (L), 44-96-170 (P), 44-96-170 (R) Waste Tire Fund; and Sections 44-96-180 (W) (1), 44-96-160 (W) (2) Petroleum Fund.  Of these funds, $2,000,000 must be used for the Youth Smoking Prevention and Cessation Program.  Any restrictions concerning specific utilization of these funds are lifted for the specified fiscal year.
     9.43.      (DHEC: Shift Increased Funds)  The Director is authorized to shift increased appropriated funds in this Act to offset shortfalls in other critical program areas.
     9.44.      (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.
     9.45.      (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.
     9.46.      (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.
     9.47.      (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.
     9.48.      (DHEC: Transfer to General Fund)  Notwithstanding any other provision of law, for the fiscal year beginning July 1, 2003 and ending June 30, 2004, the department must transfer $10,582,449 from subfund 4641 authorized under Section 44-56-160 of the South Carolina Code of Laws, 1976, as amended, to the General Fund of the State.  In addition, the Department of Health and Environmental Control is authorized to transfer an additional: $105,000 to the Sickle Cell Program, $353,177 for Emergency Medical Services, and $682,115 to the Hemophilia Assistance Program from the same subfund.  Any restrictions concerning specific utilization of these funds are lifted for the specified fiscal year.  It is the expectation of the General Assembly, in the event of a major environmental release at the hazardous waste landfill formerly known as the GSX-Pinewood Facility near Pinewood, South Carolina, that the state will use all appropriate means allowed by law to seek cost recovery for funds spent in relationship to the site.
     9.49.      (DHEC: Mining & Reclamation Program)  Notwithstanding Section 48-20-240, all civil penalties collected under the provision of this chapter must be deposited in the general fund through the State Treasurer.  Fees collected under the provision of this chapter, based on the fee structure in place on January 1, 2003, must be deposited in the general fund through the State Treasurer.  The proceeds resulting from any increase in the fee structure after January 1, 2003, shall be directed to the Mining and Reclamation Program in the department for funding additional staff for that program and provide educational and training assistance to the mining industry in South Carolina.

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 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 up to $685,000 for day-to-day operations at the Campbell Nursing Home, from the Patient Fee Account which has been previously designated for capital improvements and debt service under provisions of Act 1276 of 1970.  The Department of Mental Health is authorized to fund the cost of Medicare Part B premiums from its Patient Fee Account up to $150,000.  The Continuum of Care, the South Carolina Alliance for the Mentally Ill, the South Carolina Self-Help Association Regarding Emotions, Palmetto Pathways, New Day Clubhouse, the Children's Advocacy Center of Spartanburg, and the Campbell Nursing Home 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: Sale of Property Revenue)  After receiving approval from the Budget and Control Board for the sale of property, the department may retain revenues associated with the sale of property titled to or utilized by the department and may expend these funds on capital improvements approved by the Joint Bond Review Committee and the Budget and Control Board.  Property titled to the department or to the Board of Regents in the Central Columbia Campus may not be transferred to another entity without the approval of the Commission on Mental Health.
     10.7.      (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.
     10.8.      (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.
     10.9.      (DMH: Project COPE Models)  With $390,000 increased appropriations provided for FY 2000, the department shall use $195,000 each to establish two new programs modeled after Project COPE for family assistance, education and additional respite services for Alzheimers clients.  For the current fiscal year, the department must provide funding for Alzheimers programs in an amount not less than in the prior fiscal year.
     10.10.      (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.

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 department-owned 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: Program for Exceptional People)  The Department of Disabilities and Special Needs shall contract for services with the Program for Exceptional People of Beaufort County for job training for $50,000 during the current fiscal year.
     11.10.      (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.

SECTION 12 - J20 - DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES

     12.1.      (DAODAS: School Intervention Activity)  $1,149,204 of the amount appropriated as "Total Distribution to Subdivisions" is intended to be used for the School Intervention Activity and none of this sum shall be used by the department for the employment of personnel, 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.E entitled Battered Spouse shall be allocated through contractual agreement to providers of this service.  These appropriations may also be used for public awareness and contracted services for victims of this social problem including the abused and children accompanying the abused.  Such funds may not be expended for any other purpose nor be reduced by any amount greater than that stipulated by the Budget and Control Board or the General Assembly for the agency as a whole.
     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.
     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: Electronic Benefits Transfer System)  The funds appropriated herein for the Electronic Benefits Transfer System Project (EBT) shall be used for the development, start-up, and evaluation of the system. The Department of Social Services is authorized to proceed with planning for the expansion of the use of the EBT system for other government benefits delivery, beginning with the Temporary Assistance for Needy Families Program. The agency shall submit a status report on the implementation of the system to the members of the Senate Finance and House Ways and Means Committees by July 1, of the current fiscal year.
     13.13.      (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.
     13.14.      (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.
     13.15.      (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.
     13.16.      (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.
     13.17.      (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.
     13.18.      (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.
     13.19.      (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.
     13.20.      (DSS: C. R. Neal Learning Center)  The department shall allocate $200,000 to the C. R. Neal Learning Center located in Richland County.
     13.21.      (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.
     13.22.      (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.
     13.23.      (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.
     13.24.      (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.
     13.25.      (DSS: Continuum of Care - Carry Forward)  The Division of Continuum of Care may carry forward funds appropriated herein to continue services.
     13.26.      (DSS: Safe Haven)  Of $600,000 allocated to Heritage Community Services in DSS's budget, up to $15,000 will may be used to help publicize the Safe Haven for Abandoned Baby Law.  Further, a Citizen's Advisory Committee will be convened no later than September 1, 2002 to review child abandonment issues and make recommendations to the General Assembly by January 15, 2003.  The Speaker of the House, the President Pro Tem of the Senate, and the Governor each will appoint two members to the Committee.  Once the report is completed and submitted to the General Assembly, the Committee is disbanded.
     13.27.      (DSS: Integrated Children's Services Program-ICSP)  There is established within the Department of Social Services a division titled the "Integrated Children's Services Program (ICSP)."  The purpose of this program is to improve children's access to appropriate services, including those with emotional, developmental and physical disabilities while providing better statewide oversight, and prudent use of resources.  The board shall consider the best practice standards for services to children in state custody or whom this division otherwise serves.  The director is authorized to realign appropriated funds within the agency to accomplish the purposes of this new program.
     The ICSP shall be comprised of the following entities:  1) Continuum of Care, 2) Case Resolution System, 3) Managed Treatment Services, 4) the Interagency System of Caring for Emotionally Disturbed Children, and other offices as designated by the director.  The state office must centrally administer programs provided under the current Continuum of Care Division and Managed Treatment Services Division.
     There is also created within the Department of Social Services the "Integrated Children's Services Program Board" for the purpose of facilitating, monitoring, and evaluating the delivery of services to children by these designated entities.  The board shall be comprised of the following members:  1) one appointed by the Chairman of the House Ways and Means Committee; 2) one appointed by the Chairman of the Senate Finance Committee; 3) one appointed by the Speaker of the House; 4) one appointed by the President Pro Tempore of the Senate; and 5) one appointed by the Governor.  The State Director of the Department of Social Services shall also serve as a member and shall serve as Chairman.  In addition, the board shall annually elect, by majority vote, two additional members to the board to represent non-state entities or organizations that serve or advocate for children.  The department shall provide staff support to this board and members shall serve without pay.  The duties and responsibilities of the Children's Case Resolution System are devolved upon the ICSP Board.
     The board shall emphasize the placement of agency resources in the field and to focus on in-home services for children.  When services are being provided to emotionally disturbed children, the Interagency System of Caring for Emotionally Disturbed Children guidelines must be followed.  Programs for emotionally disturbed children must be centrally administered by the state.
     The duties and responsibilities include, but are not limited to the following:  1)The board shall have final authority to mandate necessary coordination of care and cost sharing by state agencies providing services to children with special needs subject to the restrictions based upon substantial impact of funding set forth in Section 20-7-5245.  The board shall submit the plan for coordination of care and cost sharing by state agencies to the State Budget and Control Board for review prior to implementation of the plan.  2) No children considered for placement in a substitute care setting outside South Carolina may be placed out-of-state without approval of the board after compliance with the requirements of Section 20-7-5245.  Every year the board shall provide to the General Assembly and Governor a report outlining programmatic outcomes for children's services and fiscal data for each child-serving agency.  This report shall be prepared by an independent professional who participates in the design of data collection.  The report shall include an evaluation of the current system of children's services in South Carolina, and identification of any breaks in the delivery of service to children, either because of restrictions by law or substantial lack of services or funding.  The report shall make recommendations to the General Assembly for changes in state laws, regulations, procedures, protocols or funding to ensure appropriate, efficient services for children with special needs.
     13.28.            (DSS: Day Care Licensing)  Funding for Day Care Licensing in Part IA, Section 13, Department of Social Services, must be transferred to the Department of Health and Environmental Control by September 1, 2003.  The amount to be transferred must be $2,458,618 in total funds and $55,204 in general funds.  The number of FTE's to be transferred must be 13.00 total funds and 1.17 general funds.  The Director of the Office of State Budget must provide for this transfer after conferring with the directors of state agencies affected by this provision.  The Department of Health and Environmental Control must consider employees of the Department of Social Services working in Day Care Licensing for employment with the Department of Health and Environmental Control in a similar capacity.

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: Use of Funds)  The Commission for Blind is authorized to use unrestricted funds donated to the agency and any surplus state appropriations, to clear old negative grant balances that have been reflected in its accounts prior to 1991.
     14.4.           (BLIND: Client Services)  The Commission for the Blind and the Vocational Rehabilitation Department are directed to work together to identify opportunities to better coordinate and refer eligible clients for services available from either agency.  The two agencies shall jointly submit a report to the Chairmen of the House Ways and Means Committee and the Senate Finance Committee by December 2002 on the progress of the two agencies in improving client access to all services for which they are eligible.
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.
     15.3.      (AH: Disposal of Materials)  Upon prior approval of the commission, the agency may remove certain record and nonrecord materials from its collections by gift to another public or nonprofit institution or by sale at public auction.  This is a supplemental form of disposition beyond that recognized in the Public Records Act for the retention, copying, and destruction of public records; and it pertains only to those accessioned archives materials having a market value and which duplicate existing archival material, fall outside the scope of the archives collection policy, or have no further possible research value.  All funds realized through sale by public auction shall be placed in a special account to be used for improved access to and preservation of the state archives collections.  The commission shall report annually to the Budget and Control Board regarding such dispositions.

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 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 72.23 of this Act.
     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.
     19.9.      (MUSM: Foundation Office Rent)  Appropriate office and administrative space for the South Carolina Museum Foundation Chief Executive Officer and staff may be provided by the Museum Commission without rent reimbursement.
     19.10.      (MUSM: Admissions Tax Exemption)  The State Museum is exempt from remitting Admissions Tax to the Department of Revenue on the admission fees it collects.  An amount equivalent to the tax-five percent of total admissions revenue-shall be earmarked in the museum's budget for the purpose of promoting and marketing the museum.

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.

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: Retention of Surplus Funds from Myrtle Beach Trust Land Fund)  To the extent that "trust lands" for the South Carolina Forestry Commission sold at the Myrtle Beach Air Force Base produce funds in excess of amounts necessary to replace lands transferred from the commission to the United States Air Force, $8,278,000 of the excess is appropriated for the following purposes and in the order of priority based on the availability of funding as provided in this paragraph.
           1)      Forestry Inventory  $500,000.
           2)      Headquarters Roof  $80,000.
           3)      Headquarters HVAC System  $198,000.
           4)      Land Acquisition to Support Forestry Commission Strategic Plans Educational Goals  $4,000,000.
           5)      Field Facility Improvements  $1,280,000.
           6)      Containerized Seedlings-Greenhouse Expansion  $100,000.
           7)      Forestry Commission Strategic Plan Implementation  $700,000.
           8)      Environmental Education Program - Expansion  $550,000.
           9)      Columbia Headquarters Consolidation  $690,000      .
     Any remaining funds must be retained by the development authority to be expended as authorized in Chapter 12, Title 31, the "Federal Defense Facilities Redevelopment Law".  Any funds not expended in the current fiscal year may be carried over to subsequent fiscal years.
     21.4.      (FC: Retention of Funds from Sale of Real Estate)  The State Forestry Commission is authorized to retain receipts from the sale of a tract of land consisting of ten acres or less in Orangeburg County for the utilization of land acquisition and/or the agency's capital improvement program.  Notwithstanding any provision of law to the contrary, the commission may sell this tract in any manner it deems appropriate at fair market value as determined by independent appraisal.
     21.5.      (FC: Retention of Revenue)  In Fiscal Year 02-03, all funds generated from the sale of forest products, land rentals, and other privileges on State Forestry Commission lands shall be retained by the commission, up to the amount of the agency's general fund reduction.

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, E. 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.C. 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.      (AGR1: Farmers Market Relocation)  (A)      There is created a Farmers Market Relocation Oversight Committee to study and make recommendations to the General Assembly in connection with the establishment of a new Columbia State Farmers Market facility, including:
           (1)      location and acquisition of a highly visible, easily accessible site of at least one hundred twenty acres of developable property in the Columbia Metropolitan Area;
           (2)      procurement of funding to construct facilities at the new location; and
           (3)      oversight of the planning and construction of the facilities at the new location.
     (B)      The Farmers Market Relocation Oversight Committee is composed of the following ten members:
           (1)      Commissioner of Agriculture;
           (2)      appointee of the Secretary of Commerce;
           (3)      two appointees of the Chairman of the Agriculture Commission;
           (4)      two appointees of the Governor;
           (5)      appointee of the President Pro Tempore of the Senate;
           (6)      appointee of the Speaker of the House of Representatives;
           (7)      appointee of the Chairman of the Finance Committee of the Senate; and
           (8)      appointee of the Chairman of the Ways and Means Committee of the House of Representatives.
     (C)      The Farmers Market Relocation Oversight Committee shall elect a chairman and other necessary officers from its membership.  The committee shall meet as often as necessary to discharge its duties before making its report to the General Assembly.  Committee members are not allowed the usual mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions.
     (D)      The Farmers Market Relocation Oversight Committee shall submit its recommendations in a report to the General Assembly before January 1, 2003.
     The initial meeting shall be called by the Speaker of the House of Representatives.  The Governor's Office shall provide staffing for the Committee.
     22.6.      (AGRI: Commissioners' Funding)  In the event the department receives a General Fund reduction, the department must continue to fully fund per diem and subsistence payments to commissioners as provided by law, unless an individual commissioner opts to voluntarily waive those payments.
     22.7.      (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.
     22.8.      (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.
     22.9.      (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.
     22.10.      (AGRI: Suspend Agriculture Commission)  The provisions of Chapter 5, Title 46 of the 1976 Code providing for the Agriculture Commission of South Carolina are suspended for the current fiscal year.  The Agriculture Commission of South Carolina shall serve as an advisory panel with expenditures requiring pre-approval of the Commissioner of Agriculture.
     22.11.      (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.
     22.12.      (AGRI: Sale of Property Revenue)  The department may retain revenues associated with the sale of the property titled to or utilized by the department 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.
     22.13.      (AGRI: Grain Dealers Guaranty Fund Loan Interest)  During Fiscal Year 2003-2004, 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).

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: Pesticide Revenue)  The first $140,000 in revenue from pesticide registration fees 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 fees in excess of $140,000 and up to $50,000 of revenues collected from structural pest control businesses for business licensing must be retained by regulatory and public service programs to carry out provisions of the S.C. Pesticide Control Act as amended and pursuant to regulations related to this Act.
     23.3.      (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.
     23.4.      (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.
     23.5.            (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.
     23.6.      (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.  The division shall retain any revenue above the amount remitted to the general fund or State Treasurer in FY 2000-2001.
     23.7.      (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.
     23.8.      (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.

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 to allow the magazine to become self-sustaining.
     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 per district for general assistance to the district's program.  Available funding above $8,000 for each district will be apportioned by the Department of Natural Resources based upon local needs and priorities as determined by the board.  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 Fiscal Year 2002-2003 2003-2004 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 Fiscal Year 2002-2003 2003-2004.
     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.

SECTION 25 - P26 - SEA GRANT CONSORTIUM

     25.1.      (SGC: Publications Revenue)  Funds generated by the sale of pamphlets, books, and other printed promotional materials, the production of which has been supported by non-state funding, may be deposited in a special account by the consortium and utilized as other funds for the purchase of additional pamphlets, books, and other printed 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: Boyleston House Gift/Souvenir Shop Revenue)  Any monies derived from the Gift/Souvenir Shop at the Boyleston House must be used for the continuing operation of same.
     26.3.      (PRT: Publications Revenue)  The department is authorized to charge a fee for the cost of vacation guides, research reports, educational conferences, technical planning assistance, technical drawings, and mailing lists.  The fee shall offset the actual cost of producing or providing such items and revenue in an amount necessary to offset actual cost shall be retained in a restricted account.  Any revenue generated above the actual cost shall be remitted to the General Fund of the State.
     26.4.      (PRT: Tourism and Promotion)  From the funds appropriated in Program II.A for Regional Promotion Contributions, the department must distribute one hundred thousand dollars ($100,000) to the Myrtle Beach Chamber of Commerce and twenty-five thousand dollars ($25,000) 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.
     26.5.      (PRT: Recreation Land Trust Fund)  The Department of Parks, Recreation and Tourism is authorized to retain any funds generated from the sale of state park property and to use these funds for the Recreation Land Trust Fund, which is a state funded grant program for the acquisition of land, land improvements, and infrastructure improvements for the purpose of public recreation.
     26.6.      (PRT: Hunley Lab Security)  Funds appropriated pursuant to Part IB, Paragraph 72.111, Act 66 of 2001, the General Appropriations Act for Fiscal Year 2001-2002, to the Department of Parks, Recreation and Tourism for Hunley Lab HVAC may also be expended for lab security as the department determines appropriate.
     26.7.      (PRT: Study Fee Structure)  Notwithstanding Section 51-3-60 of the 1976 Code, the Department of Parks, Recreation and Tourism is directed to study the current fee structure of the State Park System.  The department shall implement adjustments to the fee structure if the study determines that adjustments are needed in order to maintain the fiscal soundness and continued maintenance and operations of the State Park System.
     26.8.      (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.

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 Carry Forward)  From the amount set aside in 12-27-1270, the council is authorized to use up to $60,000 to continue to contract with the Division of State Development for the development of the South Carolina Infrastructure-Economic Development Planning Project (SCIP) utilizing Geographic Information Systems, GIS and actual operating expenses of the council's staff operations, 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 - Civil Air Patrol)  The funds appropriated in this section under program VII.T "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 assist county and local authorities and other state agencies insofar as permitted by the regulations governing the Civil Air Patrol.  All expenditures for equipment and services shall be in accordance with state fiscal policies.
     27.5.      (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.
     27.6.      (CMRC: Aeronautics - Air Force Office Space Rental)  Revenue received for rental of office space to the U.S. Air Force may be retained and expended to cover the cost of building operations.
     27.7.      (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.
     27.8.      (CMRC: Aeronautics - Hangar/Parking Facilities)  The Division of Aeronautics will provide hangar/parking facilities for government owned and/or operated aircraft on a first come basis.  The funds collected are to be deposited to the general fund, up to the amount remitted for FY 2000-2001.  Any additional monies collected 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.
     27.9.      (CMRC: Aeronautics - Airport Development)  Any line item appropriation for airports shall be disbursed for eligible airport development items as approved by the division.
     27.10.      (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.
     27.11.      (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.
     27.12.      (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.
     27.13.      (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.
     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.
     27.14.      (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 necessary for the construction or expansion of an industry or business facility.  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.
     27.15.      (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 an annual renewal fee of $500 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.
     27.16.      (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.
     27.17.      (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.
     27.18.      (CMRC: SC World Trade Center)  Of funds appropriated in FY 02-03 to the department for the SEUS International Trade Show to be held in September 2002, $100,000 shall be transferred to the South Carolina World Trade Center.

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 72.6, 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 Carry Forward)  Any funds collected or carried forward from Supreme Court Bar Admissions in excess of the amount required to be remitted to the general fund may be carried forward and expended in the current fiscal year for the benefit of the Bar Admissions unit.
     30.10.      (JUD: Travel Reimbursement)  State employees of the Judicial Department traveling on official state business must be reimbursed in accordance with Section 72.35(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: Information Technology Carry Forward)  Unexpended funds previously appropriated to the Judicial Department from the Capital Reserve Fund may be carried forward and expended for review and development of Judicial Department information technology.
     30.13.      (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.
     30.14.      (JUD: Surplus Property Disposal)  Technology equipment that has been declared surplus may be donated directly to counties for use in court-related activities.
     30.15.      (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.
     30.16.      (JUD: Fee for Motions Made in Court of Common Pleas & Family Court)  There is assessed for every motion made in the court of common pleas and family court a fee of twenty-five dollars.  The fee must accompany each motion filed.  The Supreme Court shall have authority to issue administrative rules to exempt from the motion fee certain Family Court matters involving rules to show cause in child and spousal support matters and motions filed by indigent persons.  The revenue from this fee must be collected by the clerk of court in each court and remitted to the State Treasurer and credited to a separate Judicial Department Support Fund for the exclusive use of the Judicial Department in the following manner:
     (1)      The first three hundred thousand dollars must be used to fund the alternative dispute resolution pilot program.
     (2)      $1,000,000 of these funds must be used to fund drug courts in the judicial circuits.
     (3)      The next $59,000 must be used for retired judges to help with the Judicial Department caseload.
     (4)      Any funds remaining after the expenditure in item (3) of this paragraph must be used to restore reimbursement travel allowance for circuit judges so as to adhere to the constitutional requirement of the rotation of these judges provided in Article V, Section 14 of the Constitution of South Carolina, 1895.  Any funds remaining after the expenditure in item (4) of this paragraph must be used to fund the technology initiatives program.
     The Court may waive the filing fee imposed by this paragraph upon a proper showing of indigency.
     30.17.      (JUD: General Operations)  Judicial Department funding authorized in Part IV of the FY 99-00 Appropriation Act may be used for general operations of the department at the discretion of the Chief Justice.
     30.18.      (JUD: Filing Fee)  In addition to the fee set in Section 8-21-310, there is an additional fee of thirty dollars for the filing of a first complaint or petition, including application for a remedial and prerogative writ and bond on attachment or other bond, in a civil action or proceeding, in a court of record.  The thirty dollar additional fee imposed by this item does not apply to the filing of an amended or supplemental complaint or petition nor for filing any other paper in the same action or proceeding.  An original application for postconviction relief may be filed without this additional fee upon permission of the court to which the application is addressed.  There is no additional fee for entering and filing a verdict, judgment, final decree, or order of dismissal, and enrolling a judgment thereon, for signing, sealing, and issuance of execution, or for entering satisfaction or partial satisfaction on a judgment.
     The revenue from this additional fee must be remitted to the county in which the proceeding is instituted.  Forty-four percent of these filing fee revenues must be deposited in the general fund of the county and fifty-six percent of these filing fees must be delivered to the county treasurer to be remitted monthly by the fifteenth day of each month to the State Treasurer.  When a payment is made to the county in installments, the State's portion must be remitted to the State Treasurer by the county treasurer on a monthly basis.  The State Treasurer shall deposit the additional state revenue from this fee in an account for the use of the South Carolina Judicial Department.
     30.19.      (JUD: Handling Fee)  In addition to the fee imposed in Section 20-7-1440(C), there is an additional fee of two percent imposed for handling payments for the support of spouses or dependent children, when paid through the court or through a centralized wage withholding system operated by the Department of Social Services and not directly.  This additional handling fee must be paid by the party required to pay the support in addition to the support money paid.  This additional handling fee applies only to payments that are initiated, pursuant to appropriate court order, after June 30, 2002.  On-going payments that were initiated prior to July 1, 2002, will continue to have the three percent handling fee surcharge that was in effect prior to July 1, 2002.
     The revenue from this additional fee must be remitted to the county in which the proceeding is instituted.  Fifty-six percent of these filing fee revenues must be deposited in the general fund of the county and forty-four percent of these filing fee revenues must be delivered to the county treasurer to be remitted monthly by the fifteenth day of each month to the State Treasurer.  When a payment is made to the county in installments, the State's portion must be remitted to the State Treasurer by the county treasurer on a monthly basis.  The State Treasurer shall deposit the additional state revenue from this fee in an account for the use of the South Carolina Judicial Department.
SECTION 31 - B06 - SENTENCING GUIDELINES COMMISSION

     31.1.      (SGC: 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 administration of the Sentencing Guidelines Commission.

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, 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.
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.  For Fiscal Year 2002-03, the amount appropriated for Judicial Circuits State Support shall be apportioned among the circuits on a per capita basis and based upon the official census of 1990.  Any amount appropriated for "Judicial Circuits State Support" in excess of the FY 2001-02 adjusted appropriation must be distributed to only those circuits that would have received an increased pro rata share in FY 2002-03 if the appropriation would have been distributed based on the official census of 2000.  Payment shall be made as soon after the beginning of the first and third quarter as practical.  Of the amount appropriated and authorized in this section, $48,000 may be used to fund a Child Victim/Witness Assistance Advocate.
     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.  The Prosecution Coordination Commission shall provide a report by February 1st to the Senate Finance Committee and the Ways and Means Committee listing which Solicitor's Offices established a Worthless Check Unit, the amount of funds generated by the fee and how the funds were expended in each office.

SECTION 34 - E22 - OFFICE OF APPELLATE DEFENSE

     34.1.      (OAD: Supplemental Carry Forward)  The Office of Appellate Defense may utilize, for general operating expenses, any remaining funds appropriated in Part III, Item 21 of the 1998-99 General Appropriation Act.

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 official United States Census for 1990.  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.  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 72.6, 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)  Notwithstanding any other provision of law, for the Fiscal Year 2002-03, no county shall reduce its contribution to the local Defender Corporation below the amount provided for such organization during FY 2000-01.
     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.

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, third party commercial driver license testing, photo copying, sale of miscellaneous refuse and recyclable materials, insurance claim receipts, tuition from military breathalyzer 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 and E.T.V. training series shall be retained by the department and expended in budgeted operations for food services, expansion of the department's E.T.V. program 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: Publish County DMV Local Telephone Number)  From the funds appropriated in Part IA, Section 36 to the Department of Public Safety, it is the intent of the General Assembly that the Division of Motor Vehicles in each county should have a local telephone number that is published.
     36.5.      (DPS: Cost Recovery Fee/Sale of Photos or Digitized Images)  The Department of Public Safety 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 Public Safety 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 Public Safety 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.
     36.6.      (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 Division of Motor Vehicles.
     36.7.      (DPS: Motor Carrier Registration Fees)  Notwithstanding any other provisions of law, administration and enforcement 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.  Additionally, the department 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.
     36.8.      (DPS: Witness Fee)  The Department of Public Safety is hereby authorized to charge a witness fee of $100.00 per hour, up to $400.00 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.
     36.9.      (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.
     36.10.      (DPS: Sale of License Information)  Pursuant to Chapter 3, Title 56, Article 4 of the 1976 Code, the Department of Public Safety shall use revenues generated from the sale of certain information relating to motor vehicle records to fund computer needs and modernization/improvement of the Division of Motor Vehicles.
         36.11.      (DPS: Prohibit Sale of Social Security Numbers)  The Department of Public Safety may not sell, provide, or otherwise furnish social security numbers in its records to private parties.
     36.12.      (DPS: Implementation of Project Phoenix)  The Department of Public Safety has the authority to validate, modify and reformat DMV files as necessary to fully implement Project Phoenix.  The department may waive any penalties inadvertently assessed as a result of this effort.
     36.13.      (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.
     36.14.      (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.
     36.15.      (DPS: Expedited Documents and Records Upon Request)  The Department of Public Safety 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 for use in the Division of Motor Vehicles.
     36.16.      (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.
     36.17.      (DPS: School Zone Safety Week)  From the funds appropriated to the department, the Department of Public Safety is directed to designate the second full week of September as South Carolina School Zone Safety Week.  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.
     36.18.      (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.
     36.19.      (DPS: Retention of DOT Settlement)  The Department of Public Safety is hereby authorized to receive, expend, retain, and carry forward all funds received from the Department of Transportation for the purchase of the Department of Public Safety's interest in the building at 955 Park Street, Columbia South Carolina, to be expended for the purchase of cars for the Highway Patrol.
     36.20.      (DPS: Law Enforcement Officer's Memorial)  The Department of Public Safety shall transfer $500,000 from the DPS Building Fund, subfund 3324, to the State Budget and Control Board for the construction of a South Carolina Law Enforcement Officer's Memorial on the State House grounds in honor of those South Carolina law enforcement officers who have lost their lives in the line of duty.
     36.21.      (DPS: Motor Carrier Advisory Committee)  From the funds appropriated and/or authorized to the Department of Public Safety, 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.
     36.22.      (DPS: Vehicle License Tax Year)  From funds allocated for other operating expenses in program II.C. Motor Vehicles, the department shall allocate sufficient funds to implement necessary accounting and computer operating system changes to ensure that once a newly acquired vehicle's tax year is set for a particular owner, whether by initial registration and licensing of that vehicle or by the transferring of a license from another vehicle, the tax year cannot be again altered for that owner unless it is proven that an error was made in the setting of the original tax year.  In addition, a particular vehicle's tax year may be transferred to another vehicle only once by an individual owner of that vehicle, regardless of any break in ownership.  This provision shall take effect October 1, 2002.
     36.23.      (DPS: DARE)  Funds transferred to the Department of Public Safety from the Department of Revenue, that are related to the DARE tax return check-off, may be utilized by the Criminal Justice Academy for the purpose of DARE related training.  Fund balances in this account may be carried forward into the current fiscal year and used for the same purpose.  Notwithstanding Sections 44-53-830 and 44-53-880, the Department of Public Safety is authorized to receive, expend, retain, and carry forward any funds in DARE account sub-fund 3838 for the purpose of providing various DARE training in elementary, middle, and high schools and for DARE Parent Training, a community based initiative.
     36.24.      (DPS: 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 Public Safety.
     36.25.      (DPS: DPPA Compliance Audit)  The Division 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.
     36.26.      (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 taxable year 2003, the subsistence deduction allowed pursuant to Section 12-6-1140(6) of the 1976 Code is increased to six dollars and sixty-seven cents for each regular work day.
     36.27.      (DPS: Ten Year Driver's License)  Notwithstanding Section 56-1-210 of the 1976 Code, a license issued or renewed before July 1, 2003, expires on the licensee's birth date on the fifth calendar year after the calendar year in which it is issued.  A license issued or renewed on or after July 1, 2003, expires on the licensee's birth date on the tenth calendar year after the calendar year in which it is issued.  However, once a licensee becomes sixty-five years of age or older, the license expires on the licensee's birth date on the fifth calendar year after the calendar year in which it is issued.  Notwithstanding Section 56-1-140 of the 1976 Code, the fee for a license that is valid for five years is twelve dollars and fifty cents and the fee for a license that is valid for ten years is twenty-five dollars.  During the fifth year of a ten-year license, the licensee must submit by mail to the department a certificate from a  person authorized by law in this State to screen eyes or appear in person at a department office to complete a vision screening.  If a licensee fails to submit a certificate or fails to appear in person, the licensee must be fined fifty dollars.  The department shall waive the fine if the person completes the requirements of this section within ninety days after the end of the fifth year of a ten-year license.  This fine must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses incurred by this section.  Interest accrued by this account must remain in this account.  A vision screening will not be required before October 1, 2008, if a licensee is less than sixty-five years of age, his license expires on his birth date on the fifth calendar year after the calendar year in which it was issued, and his license is renewed for an additional five years by mail or electronically.  If a licensee is sixty-five years of age or older and his license expires on his birth date on the fifth calendar year after the calendar year in which it is issued, then he may renew his license by mail for an additional five years upon submission of a certificate from a person authorized by law in this State to screen eyes.

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 State Board of Corrections thereof shall furnish such inmate with a suit of common clothes, if deemed necessary, and transportation from the Department of Corrections to his home, if his home be within this State, or to the county from which he was sentenced if his home be without this State.
     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)  The E. H. Cooper Trust Fund is devolved to the Cooper Special Projects Fund, which shall be used to fund projects benefiting the general welfare of all inmates in the custody of the Department of Corrections.  Any funds remaining in the E. H. Cooper Trust Fund shall be transferred to the Cooper Special Projects Fund.  Any unclaimed funds remaining in any inmate account, after appropriate and necessary steps are taken to determine a legal beneficiary of such funds, shall be deposited into the Cooper Special Projects Fund.  The Director must approve any expenditure from the Cooper Special Projects Fund.  An annual report of expenditures from the Cooper Special Projects Fund shall be made to the House Ways and Means Committee and the Senate Finance Committee within sixty days after the close of each fiscal year.
     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: Site Selection)  In determining the site for the construction of new correctional facilities in the state, the Department of Corrections shall give preference to locating such facility in a county based upon the factors of: economically depressed areas; areas with high unemployment rates; county population as of July 1, 1998, of 16,500 or less; county land area of 395 square miles or less; county resident population of 41.9 per square mile as of July 1, 1998; county whose county council and other local governing entities have endorsed the location of such a facility within that County; county which has a 1999 Median Family Income of $29,700 or less; and county which does not have an existing state or federal correctional facility.  The consideration of these factors shall be done in conjunction with the General Assembly and the Department of Commerce.  Any such neglect to consider these factors in the prescribed way will result in beginning the site selection process for the new facility again.
     37.14.      (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.
     37.15.      (CORR: Reward for Information)  Notwithstanding any other provision of law, the Director of the Department of Corrections may award up to five hundred dollars ($500) 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.
     37.16.      (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.
     37.17.      (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.
     37.18.      (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.
     37.19.      (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.
     37.20.      (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.
     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.
     37.21.      (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.
     37.22.      (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.
     37.23.      (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 this provision 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 Director of the Department of Corrections, in consultation with the General Assembly, shall develop a plan to address the findings of the Legislative Audit Council with respect to prison industries and shall submit recommendations to the General Assembly by December 1, 2003.
     37.24.      (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.
     37.25.      (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.
     37.26.      (CORR: Funds from Vehicle Cleaning)  Monies generated by inmates engaged in the cleaning and waxing of private vehicles shall be placed in a special account and utilized for services for developmentally disabled inmates.
     37.27.      (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.
     37.28.      (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.
     37.29.      (CORR: Use of Inmate Labor for Kudzu Eradication Project)  DELETED
     37.30.      (CORR: Layer/Pullet Processing Operation Expansion)  Notwithstanding any other provision of law, and subject to the approval of the Joint Bond Review Committee, the Department of Corrections is authorized to borrow an amount not to exceed $1,800,000 for the purpose of constructing and equipping a Layer/Pullet Processing Operation to be located at its MacDougall 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 net revenues derived from operations of the Layer/Pullet Processing Operation or other agency funds of the Department of Corrections.

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

     38.1.      (DPPP: Hearing Fee)  The Department of Probation, Parole and Pardon Services shall receive a hearing fee under a plan approved by the Budget and Control Board.
     38.2.      (DPPP: Electronic Monitoring Fee Assessment)  Every person placed on electronic monitoring shall be assessed a fee to be determined by the department in accordance with SC Code Section24-21-80, so long as he remains in the electronic monitoring program.  The payment of the fee must be a condition of supervision of any program administered by the department and a delinquency of two months or more in making payments may operate as a revocation.  All fees generated by this assessment shall be retained by the department to support the electronic monitoring program and carried forward for the same purpose.
     38.3.      (DPPP: DACOR Administrative Fee)  The Department of Probation, Parole and Pardon Services is authorized to retain and expend collection fees authorized in Section 24-21-490(B) of the 1976 S.C. Code of Laws for the purpose of collecting and distributing restitution.  All unexpended funds at year end may be retained and carried forward by the department to be used for the same purpose.
     38.4.      (DPPP: Duty Clothing)  The Department of Probation, Parole and Pardon Services is authorized to issue duty clothing for the use of department employees.
     38.5.      (DPPP: Meals in Emergency Operations)  Meals may be provided to state employees who are not permitted to leave duty stations and are required to work during deployments, actual emergencies, emergency simulation exercises, and when the Governor declares a state of emergency.
     38.6.      (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.
     38.7.      (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.
     38.8.      (DPPP: Restitution Center Beds)  Effective July 1, 2001, S.C. Code Section 17-25-324(C), which requires a minimum number of restitution center beds, is suspended until such time that appropriate funding is provided.
     38.9.      (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.
     38.10.      (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.
     38.11.      (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.
     38.12.      (DPPP: Probation Violation Hearings)  (A)  Notwithstanding another provision of law, the Department of Probation, Pardon, and Parole Services, with funds appropriated from Section 38 Part IA must:
                 (1)      publish a schedule of probation violation hearings to be held in each county not later than the fifteenth day of the month preceding the month the hearing is to be held.  The schedule must be posted prominently at the county courthouse and in not less than three additional places frequented by the general public within the county, and must also be accessible to the public on the department's internet web page; and
                 (2)      provide written notice of the date, time, and place of a probation violation hearing to the  defendant and his attorney not less than ten days before the date set for the hearing.  The written notice to the defendant and his attorney must also contain a statement of the grounds upon which the department seeks revocation of the defendant's probation.
     (B)      A probation revocation hearing may not be held unless the department complies with this section and can show that a defendant and his attorney received not less than ten days written notice of the exact date and time of the hearing as required by this section.

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.
     39.8.      (DJJ: Beds for Females)  The Department of Juvenile Justice may utilize any remaining funds originally authorized by Act 111 of 1997 for "Greenwood Facility Renovation" for the purpose of constructing additional beds for females or for any other capital improvement project at existing or new facilities.
     39.9.      (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.
     39.10.      (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 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.
     39.11.      (DJJ: Video Cameras)  Of the funds appropriated/authorized by this section, the department shall develop a plan to purchase and install video cameras to assist in the management of juveniles and reduce assault behavior between juveniles.  This plan must be coordinated with court appointed monitors in the case of Alexander S. v. Wood.
     39.12.      (DJJ: Elimination of Detention Screening Responsibilities)  DELETED
     39.13.      (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 approved by the Joint Bond Review Committee and the Budget and Control Board.
     39.14.      (DJJ: Sale of Timber) Notwithstanding any other provision of law, 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 the economic and environmental feasibility of and obtain approval for such sales.  Funds derived from timber sales shall be retained and utilized by the department to support the services provided by the Department of Juvenile Justice for juveniles and their families.
     39.15.      (DJJ: Dorm Renovations)  The Department of Juvenile Justice may utilize any remaining funds originally authorized by Act 111 of 1997 for "Marine Institute Programs and Administration Building" for the purpose of renovating and upgrading existing dorms on the Broad River Campus.  Also, the department may utilize any remaining capital reserve funds originally authorized in the 1998 Appropriation Act for the "Willow Lane Chapel" for the purpose of renovating and upgrading existing dorms on the Broad River Campus.

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.

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.

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, (3) the amount to be assessed against electric light and power companies as provided for in Sections 58-3-100 and 58-27-50, Code of Laws of 1976, and (4) the amount to be covered by revenue from motor transport fees as provided for by Section 58-23-630, and other fees as set forth in Section 58-3-100, Code of Laws of 1976.  The amount to be assessed against railroad companies shall consist of all expenses related to the operations of the Railway subprogram of the Agency's Transportation Division, to include the related distribution of salary increments and employer contributions not reflected in the related subprogram of this act as set forth in Section 58-3-100, Code of Laws of 1976.
     42.2.      (PSC: Indirect Cost)  The assessment certification prepared for the Department of Revenue shall include an allocation of indirect cost as approved by the Budget and Control Board representing the Public Service Commission's proportionate share of the cost of central state government.
     42.3.      (PSC: Transportation Fee Refund)  The Transportation Department of the Public Service Commission is hereby authorized to make refunds of fees which were erroneously collected.
     42.4.      (PSC: Attorneys Appointment)  The four 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.
     42.5.      (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 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 $5,000 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.

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.
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 - Research & Education Projects)  All funds authorized in this section for Research and Education projects shall be funded wholly out of the Real Estate Commission authorized allocation of five dollars from each annual renewal fee.  All funds authorized in this section for Research and Educational projects shall be expended for the purpose designated.
     50.3.      (LLR: Real Estate - News Publication)  The South Carolina Real Estate News, published at least quarterly by the Real Estate Commission, shall be exempt from Section 11-25-690, SC Code of Laws, (1976, as amended).
     50.4.      (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.
     50.5.      (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%.
     50.6.      (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.
     50.7.      (LLR: Emergency Medical Services (EMS) - Consultant Pharmacist)  Emergency Medical Services licensed by the Department of Health and Environmental Control shall be exempted from permit fees and the requirement of Section 40-43-86 (C) of the 1976 Code of Laws, as amended, that a consultant pharmacist be responsible for the duties as stated in this chapter at the permit holder's location, so as to allow either the Medical Director or a consultant pharmacist to be responsible and accountable for the duties of the consultant pharmacist as provided in Section 40-43-86 (C).
     50.8.      (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.
     50.9.      (LLR: Disabled Massage Therapist Special License)  From the funds authorized for professional and occupational licenses the Department of Labor, Licensing and Regulation may administer a special examination and utilize an individual evaluation of credentials to accommodate the disability of an applicant for licensure of a massage therapist.
     An individual licensed under the provisions of this proviso will be issued a provisional license.  If at the end of one year, no complaints have been received by the department or the Massage Therapy Disciplinary Panel concerning the practice of the licensee and satisfactory evidence of mandatory continuing education has been provided, an unrestricted license shall be issued.
     50.10.      (LLR: CPA Exam Fee)  All applications for the CPA examination shall be filed with the Board of Accountancy, accompanied by the examination fee.  The Board of Accountancy shall set the fee for each examination at the amount that enables the Board to recover its costs in administering the examination.
     50.11.      (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.

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 and WtW Prior Year Payments)  The Employment Security Commission shall be allowed to pay Workforce Investment Act and Welfare-to-Work 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: Welfare-to-Work Earmarked Funds)  All earmarked funds collected by SCESC in order to operate and match the Welfare-to-Work grant funds may be retained by the agency to be used for the exclusive purpose of operating this program.  All funds not expended in the prior fiscal year may be carried forward for use in the current fiscal year.
     51.6.      (ESC: Fees for Services)  The commission shall have the authority to administer employment skills and aptitude tests and charge a fee to companies that request this service.  The revenues shall be retained and carried forward by the commission to offset the cost of administering the testing program.  The commission may accept payments for services by credit cards.  Notwithstanding any other provision of law, the State Treasurer may enter into contracts on behalf of the commission where by the commission may accept credit card payments for services.  The commission may withhold the actual cost of processing credit card payments from deposits of related payments for services, and may treat these withholdings as reimbursements of the associated expenditures.

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.  Progress reports A progress report shall be submitted to the General Assembly at two intervals using the fiscal year--an interim progress report no later than January 15, 2003, and a follow-up report of progress and plans for the upcoming year no later than May 15, 2003 on or before January 15, 2004.  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 Fiscal Year 2002-03 2003-04, 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: Transfer Building Interest to DPS)  The Department of Transportation is directed to transfer the funds from the purchase of the Department of Public Safety's interest in the building located at 955 Park Street, Columbia, South Carolina to the Department of Public Safety by July 30th of the current fiscal year.

SECTION 53C - Y14 - STATE PORTS AUTHORITY

     53C.1.      (SPA: Charleston Cooper River Bridge Project)  During FY 2002-03 2003-04, 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, 2002 2003, pay five eight million dollars before July 31, 2003, and pay one million dollars before June 30, 2004, 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: House Employee Reimbursement)  The Speaker of the House is authorized to reimburse travel and other expenses incurred by employees of the House of Representatives for official business in accord with current rules and regulations.
     54.3.      (LEG: Approved Accounts Expenditure)  The clerks of the two Houses and the Legislative Council are authorized to issue their warrants on Approved Accounts for necessary extra clerical or other services upon approval of the Speaker of the House or Lieutenant Governor, respectively.
     54.4.      (LEG: Legislative Employee BPI/Merit)  Notwithstanding any other provision of law, legislative employees designated (P) or (PPT) shall receive base pay and average merit pay in the same manner as such pay is granted to classified state employees.  For purposes of this proviso, "legislative employees" does not include employees of the House of Representatives.
     54.5.      (LEG: House Employees Salary Adjustments)  Necessary temporary or permanent research assistants for the House of Representatives shall be paid from Approved Accounts of the House upon approval of the Speaker with the advice and consent of the Chairman of the standing committees.  The Speaker may adjust salary levels of employees of the House, to be paid for from funds carried forward from the Research Assistant Accounts.
     54.6.      (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.
     54.7.      (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 72.35 (Travel - Subsistence Expenses & 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.
     54.8.      (LEG: Expense/Compensation Vouchers)  All vouchers for the payment of the expenses and/or compensation of committees of the General Assembly shall be prepared by the Clerks of the two Houses.
     54.9.      (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.
     54.10.      (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.
     54.11.      (LEG: Telephone Service)  The Clerks of the Senate and the House, with the approval of the Senate Operations and Management Committee and the Speaker of the House, respectively, shall cause to be installed such telephone service as may be appropriate for use of the membership and presiding officer of each legislative body.
     54.12.      (LEG: Research Directors Appointment)  The Speaker of the House shall appoint the Executive Director of Research.  The Speaker, with the advice and consent of the individual committee chairman, shall appoint the Director of Research for each standing committee.
     54.13.      (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.
     54.14.      (LEG: Sergeant-At-Arms & Director of Security Duties)  The duties of the Sergeant-at-Arms and Director of Security of the respective Houses and/or Assistant Sergeant-at-Arms shall be those provided by the Code, the Rules of the respective Houses, those designated by the President Pro Tempore of the Senate or the Speaker of the House, the security of personnel and property of the respective Houses, and in addition the Sergeant-at-Arms and Director of Security of the respective Houses and/or Assistant Sergeant-at-Arms shall meet and escort visitors in and about their respective bodies and shall, during the hours of duty, be dressed in a distinctive manner so as to be easily identified as Sergeant-at-Arms and Director of Security of the respective Houses.
     54.15.      (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.
     54.16      (LEG: State House Renovation)  Any improvements and additions to the State House must be recommended or approved by the State House Committee of the General Assembly, and that bidding, executing, and carrying out of contracts shall be in accord with standing regulations and procedures for any other work of the same type applicable to agencies and institutions of state government.
     54.17      (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.
     54.18.      (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.
     54.19.      (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.
     54.20.      (LEG: Legislative Carry Forward)  In addition to the funds appropriated in this section, the funds appropriated under Sections 54A, 54B, 54C, and 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.
     54.21.      (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 for postage and telephone, $250 may be used to purchase American and State flags.
     54.22.      (LEG: Nurses)  The State shall provide to the nurses pursuant to this section the same leave time and basic health and accident insurance coverage as is provided other state employees pursuant to law.
     54.23.      (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.
     54.24.      (LEG: Copy of Act to Counties)  Notwithstanding any other provision of law, the Clerk of the House is required to send only one copy of each Act to the Clerk of the Court of the various counties.
     54.25.      (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.
     54.26.      (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 $1,000 $500 beginning July 1, as approved by the Speaker of the House.  An additional $2,000 $1,500 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 $2,000 $1,500, 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 $3,000 $2000, as approved by the Speaker of the House.  Provided however, for Fiscal Year 2002-03, eligible members are allowed an allocation of $2,000.  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.
     54.27.      (LEG: Per Diem)  No per diem may be paid to any person from more than one source for any one calendar day.
     54.28.      (LEG: House Postage)  The Speaker of the House is authorized to approve no more than $600 per member per fiscal year for postage.
     54.29.      (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.
     54.30.      (LEG: House/Senate Staff Outside Employment)  Full-time employees of the House of Representatives and the Senate are prohibited from outside employment during normal working hours, except with the permission of an employee's department head, and annual leave must be taken for any approved outside employment.
     54.31.      (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.
     54.32.      (LEG: Sales Tax on Copies of Legislation)  No sales tax is required to be charged or paid on copies of or access to legislation or other informational documents provided to the general public or any other person by a legislative agency when a charge for these copies is made reflecting the agency's cost thereof.  Funds received as revenue from the sale of materials or as reimbursements for the cost of providing certain supplies or services or refunds must be remitted to the State Treasurer as collected, but in no event later than twelve (12) working days from the date of the receipt of any such funds.
     54.33.      (LEG: House Postage/Telephone Allocation)  Any member of the House who has not used all of his annual allocation for postage or all of his annual allocation for telephone expenses may use the remaining funds in one category in the other category during that year.
     54.34.      (LEG: House Personnel BPI/Merit/Bonus Compensation)  Notwithstanding any limitation or other provisions of law to the contrary, the Speaker shall authorize and allocate any base pay increase, merit pay, or bonus among House staff in the manner that the Speaker determines after consultation with the Operations and Management Committee and the chairmen of the standing committees of the House.
     54.35.      (LEG: General Assembly Exemption)  Notwithstanding any other provision of law or regulation, or any limitation or provision contained in this act, each branch of the General Assembly is exempt from any provision which requires the approval of the Budget and Control Board or any other executive branch agency for the expenditure, management, or transfer of any authorized appropriations.
     54.36.      (LEG: Prohibit General Assembly Compensation - Felony Conviction)  No member of the General Assembly who has been convicted of a felony under state or federal law or who has pled guilty or nolo contendere to these offenses may receive compensation or reimbursable expenses provided for members of the General Assembly in this act.  However, this item does not apply to a person who has been pardoned under state or federal law of the disqualifying felony.
     54.37.      (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.
     54.38.      (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.
     54.39.      (LEG: House Funds)  Funds in the amount of $75,252.38 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 and for Fiscal Year 2002-03, $50,793 of the above mentioned funds shall be used for Council of State Government dues.
     54.40.      (LEG: LPITS)  Legislative Printing, Information and Technology Systems (LPITS) shall operate under the supervision and administrative direction of the Clerks of the respective Houses.  The director of LPITS shall be appointed with the concurrence of the Clerk of the Senate and the Clerk of the House.  LPITS shall perform the functions of the former LIS and LPITR.
     54.41.      (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.
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. The filing fee for administrative appeals by inmates from final decisions of the Department of Corrections shall be $25.00.  If an inmate filing an appeal in such a matter has been declared indigent by a court of competent jurisdiction and provides proof of the declaration at the time of filing, the fee will automatically be waived.  No filing fee shall be required in administrative appeals by inmates from final decisions of the Department of Corrections.  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.

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.  These fees must be remitted to the general fund.  SLED is appropriated three million dollars from the General Fund of the State to offset the reduction in revenues resulting from this transfer.  Revenues collected from the United States Department of Justice as reimbursement for services must be retained, carried forward, and used for continued 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.  The Board of Economic Advisors shall conduct an analysis/study report annually to review fees and make recommendations for fee changes.  This study is due January 15 of each year and must be forwarded to the Ways and Means Committee and the Senate Finance Committee.
           (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 criminalist 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: Veterans' Affairs-Aid to Counties)  In the allocation of the appropriation in this section as adjusted for "Aid to Counties--Operation of County Office," each county shall receive an effective annual amount equal to 100% of the amount allocated to it for the prior fiscal year 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.
     56DD.22.      (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.23.      (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.24.      (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.25.      (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.26.      (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.27.      (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.28.      (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.29.      (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.30.      (GOV: OEPP - Victims' Assistance Network)  The Governor's Office of Executive Policy and Programs is directed to transfer $67,032 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.
     56DD.31.      (GOV: OEPP - Child Treatment Facility Providers)  The Division of Children Services of the Governor's Office is directed to convene and coordinate a group of representatives from various state agencies to review the licensing system for child treatment facility providers.  The purpose of this group effort is to assess the current licensure system, including all relevant monitoring regulations, and make recommendations to streamline the licensure process, eliminate duplication, identify inconsistencies in regulations, and clearly define the roles and responsibilities for all monitoring and regulatory entities.  Representatives from the Department of Health and Environmental Control, Department of Social Services, State Fire Marshal, and Continuum of Care along with provider agencies must be included in this group effort.  These recommendations shall be submitted to the Ways and Means Committee and the Senate Finance Committee by January 2, 2003.
     56DD.32.      (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.33.      (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 a court of competent jurisdiction 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.34.      (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.35.      (GOV: SLED - Compliance/Underage Alcohol/Tobacco Enforcement)  Notwithstanding any other provision of law, all initial alcohol license application fees shall be increased by one hundred dollars, all biennial alcoholic 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.36.      (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.37.      (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.38.      (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.

SECTION 57 - E04 - LIEUTENANT GOVERNOR'S OFFICE

     57.1.      (LTG: Personnel Administration Exemption)  The staff of the Lieutenant Governor's Office shall be exempt from the provisions of Article 3, Chapter 11, Title 8 of the 1976 Code of Laws, as amended. In addition, 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.

SECTION 58 - E08 - SECRETARY OF STATE'S OFFICE

     58.1.      (SS: Records Fee/Computer & Telephone Equipment)  The Secretary of State may establish and collect fees not to exceed the actual cost of searching for or making copies of records.  Such records shall be furnished at the lowest possible cost to the person requesting the records.  The agency may retain these funds for the purposes of purchasing and maintaining computer and telephone facsimile equipment and rent.  The agency may charge a reasonable hourly rate for making records available to the public and require a reasonable deposit of such costs prior to searching for or making copies of the records.
     58.2.      (SS: Insufficient Check Recovery Fines/Retention and Carry Forward)  The Secretary of State may establish, collect and retain fines to recover the costs associated with the collection of dishonored checks returned to this agency due to insufficient funds.  Such funds shall be retained and expended by this agency in accordance with this purpose and any unused amount shall be carried forward.
     58.3.      (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.
     58.4.      (SS: UCC Filing Fees) For filings during the current fiscal year the fee for filing a UCC document in the Secretary of State's Office pursuant to Section 36-9-525(a) of the 1976 Code is:
     (1)      eight dollars if the record is communicated in writing and consists of one or two pages;
     (2)       ten dollars if the record is communicated in writing and consists of more than two pages; and
     (3)       ten dollars if the record is communicated by another medium authorized by filing-office rule.
     The fee is in addition to any fee presently imposed by Section 36-9-525(a) of the 1976 Code. Revenues of this additional fee, 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 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 fully implement changes required by GAAP.
     Likewise, it is the intent of the General Assembly to pursue the development of a statewide financial management system.  All agencies desiring new financial management systems will be encouraged to utilize the system endorsed and supported by the Comptroller General and to use the common equipment and software located in the Budget and Control Board's Consolidated Data Center.  If an agency determines that it is necessary to deviate from the statewide system, the agency will be assessed a one-time charge payable to the Budget and Control Board to develop the interface to the Comptroller General's systems.
     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 5 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 a mutually agreed upon startup cost of $35,000 and a processing fee 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: Lump Sum Agencies GAAP Implementation)  The Comptroller General's Office, in conjunction with lump sum agencies, is hereby directed to implement appropriate accounting procedures to consolidate accounts where necessary for proper accounting and thereby facilitate financial reporting in accordance with Generally Accepted Accounting Principles.
     59.6.      (CG: GASB #34 Compliance)  Provided that funding for GASB Statement #34 shall be carried forward until implementation is complete.
     59.7.      (CG: NonProfit Funds Report)  For Fiscal Year 2002-03 2003-04, the Comptroller General is authorized to suspend compilation and issuance of the below referenced report on public or private funds provided to nonprofit institutions and their grantees and subgrantees.
     The Comptroller General is directed to compile a report on public or private funds provided through state agencies, departments, institutions, and divisions, to nonprofit organizations and their grantees and subgrantees.  All state agencies, departments, institutions and divisions shall report to the Comptroller General such funding, whether state, federal or other.  For purposes of this proviso, the phrase "nonprofit organization" means:  (a) an organization exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended; or (b) 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.
     The report shall include, but is not limited to, a list of the specific entities receiving funds, the amount received, a detailed description of the source of funds, whether state, federal or other, such as grants, donations, fees, etc., the purpose for which the funds are provided, and a detailed expenditure of such funds.
     A report shall be submitted to the Senate Finance Committee and the House Ways and Means Committee by October 1st.
     59.8.      (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 implementation of annual compliance with the Governmental Accounting Standards Board's (GASB) Statement #34.
     59.9.      (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.

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.
     60.6.      (TREAS: Health Care Funding)  The State Treasurer's Office shall transfer the entire balance from the State Treasurer's Office Subfund 4123 to the Healthcare Tobacco Settlement Trust Fund to be used along with interest earnings for funding of health related issues as determined by the General Assembly.
     60.7.      (TREAS: Excess Debt Service Funds)  The State Treasurer's Office must carry forward $2,581,138 of Excess Debt Service from FY 2001-02 and credit such amount to the General Fund in FY 2002-03 to be used as a source to support appropriations.
     60.8.      (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.
     60.9.      (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.

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 telephone expenses, and other collections 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 S 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.  The Office of the Adjutant General shall provide a report which includes, but is not limited to, revenue collected, retained and expended, to include a descriptive purpose for which these funds were expended.  The report shall be provided to the Senate Finance Committee and the House Ways and Means Committee on or by October 1st.
     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.  The Office of the Adjutant General shall provide a report on these funds which includes, but is not limited to, revenue collected, retained and expended, to include a descriptive purpose for which the funds were expended.  The report shall be provided to the Senate Finance Committee and the House Ways and Means Committee on or by October 1st.
     61.10.      (ADJ: 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 from the Adjutant General's base budget.

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; 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 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.  Three 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 per day for not more than five days 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 Election Carry Forward)  Filing fees received from candidates filing to run in statewide or special primary elections may be retained and expended by the State Election Commission to pay for the conduct of primary elections.  Any balance in the filing fee accounts on June 30, of the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year.  In addition, any balance in the Primary Election Accounts on June 30, of the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year. 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: General Election Expenses)  The State Election Commission shall utilize the funds transferred to the commission in FY 01-02 for the Statewide Voter Registration System and any funds carried forward related to general and primary elections to fund the Fiscal Year 02-03 General Election.
     62.12.      (ELECT: Election Support Services)  The State Election Commission provides election support services to county election commissions by providing election databases and ballots.  Up to $75,000 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.

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: Performance Excellence)  It is the intent of the General Assembly to adequately train the state's work force to enable agencies to achieve their missions and to serve their customers.  The Budget and Control Board will be responsible for coordinating the quality training effort for state government agency leaders.  The Budget and Control Board shall be responsible for development of an approach that is based on criteria used for the Malcolm Baldrige National Quality Award.  State agency heads should ensure that employees asked to improve administrative and managerial functions will be trained fully in performance improvement tools and techniques.  Measurements of performance for the requirements of this provision must be included in the agency's Annual Accountability Report.  The Budget and Control Board is authorized to carry forward any unspent funds designated for Malcolm Baldrige training.
     The Budget and Control Board shall provide for a process that allows each agency to obtain feedback and improvement suggestions on its annual accountability report.  In acknowledgement of the significant improvement that the Department of Revenue exhibited in its Fiscal Year 2000-01 Accountability Report, the Budget and Control Board is directed to consult with the Department of Revenue in the design of the process and improvements that may be recommended to the accountability reports required by this proviso.  Agency feedback will be based on the Malcolm Baldrige Criteria for Performance Excellence and related questions found in the applicable Accountability Report Guidelines.  Feedback results should be used by each agency to develop short and long-term improvement plans.  The Board shall seek the support of key stakeholder agencies to ensure that a sufficient number of properly trained staff are available to perform assessments in a timely manner.  Agencies shall provide staff volunteers who are  knowledgeable in process improvement to become trained in the assessment process, and allow these volunteers sufficient time for training and for the assessment process.
     63.3.      (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.
     63.4.      (BCB: Computer Services Consolidation)  It is the intent of the General Assembly to consolidate management of computing services and computer support services under the Budget and Control Board.  The Executive Director of the Budget and Control Board developed a long-term strategic plan to accomplish this consolidation and to centralize all State Data Centers.  The Executive Director of the Budget and Control Board, in consultation with the Governor, Chairman of the Senate Finance Committee, and the Chairman of the Ways and Means Committee, implemented the Data Center Consolidation Plan as presented to and approved by the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee on January 15, 1997.  The plan is structured in phases with a final implementation date no later than July 2001.  All agencies affected by this plan are required to comply with the directives and mandates inherent in this planning document and must transfer any needed fixed assets, staff, and associated FTEs to the Budget and Control Board at such time as they are requested.  The Legislature, Judiciary, higher education institutions, and technical education institutions are exempt from this proviso.  The Board shall report annually in its Agency Accountability Report appropriate performance measures relative to the operation of the Consolidated Data Center.
     Likewise, it is the intent of the General Assembly to pursue application consolidation, where feasible, as referenced in the Consolidation Plan.  The Board is authorized to assist in implementing a statewide financial management system.  All agencies desiring new financial management systems will be encouraged to utilize the system endorsed and supported by the Comptroller General and to use the common equipment and software located in the Budget and Control Board's Consolidated Data Center.  If an agency determines that it is necessary to deviate from the statewide system, the agency will be assessed a one-time charge payable to the Budget and Control Board to develop the interface to the Comptroller General's systems.
     63.5.      (BCB: EFA Litigation Carry Forward)  Any unexpended balance from the funds authorized and/or appropriated for EFA litigation in previous fiscal years shall be carried forward to be expended in the same manner and for the same purposes in the current fiscal year.
     63.6.      (BCB: BCB Realignment)  The Budget and Control Board shall be authorized to realign its Fiscal Year 2002-03 2003-04 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."
     63.7.      (BCB: Southern Maritime Collection)  Pursuant to the Option Agreement entered into by the State to purchase the Southern Maritime Collection, the Budget and Control Board, on behalf of the Hunley Commission is authorized to purchase the Collection and the Hunley Commission will assume custody and management of the Collection for the State.  The board must develop a financial plan, using the State Treasurer's Master Lease Program, assumption of the existing loans on the Collection, some other financial structure, or a combination of these approaches, to purchase and fund the custody and management of the Collection.  The financial plan developed by the board must be submitted to the State Treasurer's Office for review.  The State Treasurer is directed to transfer the balance remaining as of June 30, 2002 of administrative funds saved by suspension of the IPP program to the board.  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.  Further, the board is authorized to continue the Option Agreement until such time as the board has developed the financial plan and purchased the Collection.
     63.8.      (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.
     63.9.      (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.
     63.10.      (BCB: Fleet Management Program)  The Division of Operations shall establish a cost allocation plan to recover the cost of operating the comprehensive statewide Fleet Management Program.  The division shall collect, retain and carry forward funds to ensure continuous administration of the program.
     63.11.      (BCB: State House Operation & Maintenance Account)  Of the funds appropriated in the Budget and Control Board - General Services, $957,339 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.
     63.12.      (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 calendar year 2002 2003.
     63.13.      (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.
     63.14.      (BCB: Senior Prescription Drug Program)  Funds appropriated for the Senior Prescription Program may be carried forward.
     63.15.            (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.
     For FY 03-04, no existing agency head or new hire for an agency director's position shall be compensated above the FY 02-03 annual salary paid for that position.
     63.16.      (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.
     63.17.      (BCB: BEA Membership, Compensation, Duties)  Notwithstanding the provisions of 11-9-820 of the 1976 Code, the Board of Economic Advisors shall consist of the following members:
           (1)      one member, appointed by the Governor, who shall serve as chairman and shall receive the sum of $10,000 annually;
           (2)      one member appointed by the Chairman of the Senate Finance Committee who shall receive the sum of $8,000 annually;
           (3)      one member appointed by the Chairman of the Ways and Means Committee of the House of Representatives who shall receive the sum of $8,000 annually;
           (4)      Director of the Department of Revenue, ex officio with no voting rights.
     The appointed members shall serve at the pleasure of their appointers.  The Chairman of the Board of Economic Advisors shall report directly to the Budget and Control Board to establish policy governing economic trend analysis.  The Board of Economic Advisors shall provide for its staffing and administrative support from funds appropriated by the General Assembly.
     The Executive Director of the Budget and Control Board shall assist the Governor, Chairman of the Board of Economic Advisors, Chairman of the Senate Finance Committee, and Chairman of the Ways and Means Committee of the House of Representatives in providing an effective system for compiling and maintaining current and reliable economic data.  The Board of Economic Advisors is considered a public body under the provisions of Section 30-4-20(a) of the 1976 Code.  The Board of Economic Advisors may establish an advisory board to assist in carrying out its duties and responsibilities.  All state agencies, departments, institutions and divisions shall provide such information and data as the board may require.
     The Department of Commerce shall provide to the Board of Economic Advisors by November tenth the public document prepared pursuant to Section 12-10-100(C) of the 1976 Code itemizing each revitalization agreement concluded during the prior calendar year.  The Department of Revenue shall provide to the Board of Economic Advisors by November tenth a report of the amount of each tax credit claimed in the previous tax year pursuant to Title 12 of the 1976 Code.  The report must individually list the total amount claimed and the number of filings for each tax credit.  The Department of Revenue must also provide to the Board of Economic Advisors by November tenth magnetic tapes containing data from all state individual and corporate income tax filings, excluding any confidential identifying information, from the previous tax year.
     63.18.      (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.
     63.19.      (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.
     63.20.      (BCB: Vacant Positions)  In the event that any permanent position in an agency remains vacant for more than one year the position may be deleted by the Budget and Control Board.
     For Fiscal Year 2002-03 2003-04, the Budget and Control Board is authorized to suspend the requirement of this provision.
     63.21.      (BCB: Artifacts Disposition)  No artifacts owned by the State in the permanent collections of the Confederate Relic Room shall be permanently removed or disposed of except by a Concurrent Resolution of the General Assembly.
     63.22.      (BCB: Research/Copy Fee)  The Confederate Relic Room is authorized to collect, retain and expend fees from research and photographic processing requests and from the sale of promotional items.
     63.23.      (BCB: Appointment of Director)  The Director of the Confederate Relic Room shall be appointed, after consultation with the South Carolina Division Commander of the Sons of the Confederate Veterans and the President of the South Carolina Chapter of the United Daughters of the Confederacy, by the Executive Director of the South Carolina Budget and Control Board and shall serve at his pleasure.
     63.24.      (BCB: Donations)  The Confederate Relic Room is authorized to receive donations of funds, artifacts and admission fees and to expend these donations and fees for the restoration, preservation, acquisition, display, and support operation of the collection to supplement state monies appropriated for such purposes.
     63.25.      (BCB: Confederate Museum Relocation)  The Confederate Museum shall be retained as a separate and distinct entity under the State Budget and Control Board.
     63.26.      (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.
     63.27.      (BCB: State Boundary Mapping)  Funds appropriated in Part IA, Section 63 of this act for State Boundary Mapping shall not be used for county boundary determination.  The funds shall be used only for the State Boundary resolution between South and North Carolina.
     63.28.      (BCB: Hazardous Weather Emergency Leave)  Notwithstanding any other provisions of law, when the Governor declares a state of emergency for the State or any portion of the State, he can provide state employees with leave with pay for absences from work due to the state of emergency for hazardous weather of up to five days for each declaration of a state of emergency.
     63.29.      (BCB: Carry Forward - BCB Grant Program, Special Projects & EPA Grant Match Funds)  Funds appropriated under Section 63, Division of Regional Development, "Aid to Entities":  Budget and Control Board Grant Program Funds, Special Projects and EPA Grant Match Funds which are not expended in the prior fiscal year may be carried forward to be expended in the current fiscal year. Of the Grant Funds appropriated under the Division of Regional Development, $400,000 may be used for operating costs of the division in order to enhance the technical assistance capabilities of the Office of Local Government.
     63.30.      (BCB: Carry Forward - State Water Pollution Control Revolving Fund)  If any funds accumulated by the Budget and Control Board, Division of Regional Development 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.
     63.31.      (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.
     63.32.      (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 72.41.
     63.33.      (BCB: Retirement Benefits Limits Increase)  Notwithstanding any other provision of law, except as provided below, retirees and beneficiaries under the State Retirement Systems receiving Medicaid (Title XIX) sponsored nursing home care as of June 30, of the prior fiscal year shall receive no increase in retirement benefits during the current fiscal year.  However, a retired employee affected by the above prohibition may receive the scheduled increase if he is discharged from the nursing home and does not require admission to a hospital or nursing home within six months.  The Department of Health & Human Services, the Department of Social Services, and the State Retirement Systems must share the information needed to implement this proviso.
     63.34.      (BCB: Retirement Contributions - Monthly Transfers)  Notwithstanding the amounts appropriated in Subsection 63 of this section as "State Employer Contributions," the State Treasurer and Comptroller General are hereby authorized and directed to transfer from the General Fund of the State to the proper Retirement System Accounts, month by month, during the current fiscal year, such funds as are necessary to comply with the terms of the Retirement Act as amended, with respect to contributions by the State of South Carolina to the Retirement System.
     63.35.      (BCB: Career Growth Opportunity)  In order to prepare and plan for a professional workforce, the Budget and Control Board is directed to provide policy recommendations for creating additional career growth opportunities and succession planning for state employees based upon skills, education, experience, and performance or other significant factors.  At a minimum, these recommendations shall include an analysis of current career growth opportunities within agencies, priority needs within and between agencies, current resources used to provide career advancement, determination of additional funding needs, and an implementation plan.  Such recommendations shall be provided to the Office of the Governor, Senate Finance Committee, and Ways and Means Committee by December 1, 2002.
     63.36.      (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 the preceding fiscal year, or whenever the General Assembly or the Budget and Control Board implements a midyear 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 and must include employees in classified positions and unclassified positions as well as agency heads.  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.
     63.37.      (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.
     63.38.      (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.
     63.39.      (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).
     63.40.      (BCB: Capitol Complex Rent Exemption)  In the calculation of any across-the-board budget reduction mandated by the Budget and Control Board or General Assembly, the amount appropriated to the Budget and Control Board for Capitol Complex Rent must be excluded from the Board's base budget.
     63.41.      (BCB: Technology and Other Initiatives)  The Budget and Control Board shall use $500,000 $100,000 to support partnerships that further initiatives to align higher educational programs with the needs of technology-intensive industries, $221,727 for NCSL and CSG dues, and $200,000 for the South Carolina Military Base Task Force.
     63.42.      (BCB: Geodetic Mapping Program)  Of the funds appropriated or authorized to the Budget and Control Board, the board shall utilize $354,000 for the Geodetic Mapping Program.
     63.43.      (BCB: State Health Insurance Plan Financing Advisory Study Committee)  The Executive Director of the Budget and Control Board shall convene a study committee to evaluate the financial structure of the State Health Insurance Plan and make recommendations on methods to financially stabilize the Plan.  The committee must include persons with expertise in evaluating financial management systems.  The committee shall provide a report to the Budget and Control Board and to the Chairmen of the Senate Finance and House Ways and Means Committees by January 1, 2003.
     63.44.      (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.
     63.45.      (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.
     63.46.      (BCB: Family Sick Leave)  For Fiscal Year 2002-2003 the current fiscal year, state employees who earn sick leave as provided in Section 8-11-40 of the 1976 Code may use ten days rather than eight days of sick leave to care for ill members of their immediate family.  Immediate family is defined as the employee's spouse and children, and the following relations to the employee or the spouse of the employee:  mother, father, brother, sister, grandparent, legal guardian, and grandchildren.
     63.47.      (BCB: McEachern Parking Facility)  The main entrance to the Furman E. McEachern, Jr. Parking Facility at the intersection of South Main and Pendleton Streets shall be accessible from any direction except for the 4:30 pm to 5:30 pm time period during which time traffic is routed in one direction out of the facility.  The Assembly Street exits shall be open for traffic from 4:00 pm to 6:00 pm.
     63.48.      (BCB: Forgive PRT Loan Repayment)  The Budget and Control Board is directed to forgive the loan repayment of $2 million that is due to be repaid by July 31, 2002 pursuant to the loan agreement between the Budget and Control Board and the Department of Parks, Recreation and Tourism dated November 6, 2001.
     63.49.      (BCB: Election to Participate in State ORP)  An eligible employee hired by an employer during the current fiscal year has fifteen days rather than sixty days after entering into service to make the election to participate in the State Optional Retirement Program (ORP).  Failure by such person to make this election within fifteen days after entering into service is considered an election by the employee for membership in the SCRS.  The definitions provided in Section 9-20-10 of the 1976 Code apply for purposes of this paragraph.
     63.50.      (BCB: State Health Plan Savings)  The Budget and Control Board is directed to review the final report of the State Health Plan Financing Advisory Study Committee which identified potential benefit changes which would generate a total of $26 million in annual general fund savings for the State Health Plan.  The board is further directed to implement plan changes, as deemed necessary and appropriate, with a goal of generating maximum annual savings to the Plan for the 2004 calendar year.
     63.51.      (BCB: MoneyPlus)  In order to lessen the effect of any potential increase in employee rates for the State Health Plan for calendar year 2004, 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 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 by February 1, 2004; 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.
     63.52.      (BCB: Reserve Account)  The Budget and Control Board is directed to transfer the amount of $1,300,000 from board reserve accounts to A01 Senate reserve account and the amount of $1,300,000 from board reserve accounts to A05 House revenue reserve account.  The Comptroller General shall establish expenditure authorization for the amount transferred.
     63.53.      (BCB: 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.
     63.54.      (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.
     63.55.      (BCB: Employee Bonus)  All permanent full-time state employees who as of July 1, 2003, are paid an annual salary of thirty thousand dollars or less must be paid a one time bonus of two hundred dollars on the last pay date before the observance of the 2003 Christmas holiday if the employee remains in employment as of that day.  This bonus is not a base pay increase and is not earnable compensation for purposes of the state retirement systems.  Employees eligible for the bonus who are paid in whole or in part from federal or other funds must receive the bonus.  The employing agency shall pay the bonus from federal or other funds available to the agency in the proportion that such funds are the source of the employee's salary.
     63.56.      (BCB: Eligibility to Participate in State ORP)  An employee hired on or after January 1, 2003, but before July 1, 2003, by the State who is not covered by the State Employee Grievance Procedure but who is eligible to participate in either the SC Retirement System or the Police Officers Retirement System may elect to join the State Optional Retirement Program (State ORP) by July 31, 2003.  An employee electing to participate in the State ORP is eligible to participate in the State ORP retroactive to their date of hire.
     63.57.      (BCB: Clemson University Antenna and Tower Placement)  Notwithstanding any other provision of law, all leases for antenna and tower operations, within the Clemson University campus must conform to the present and any future Clemson University master plans for such property, as determined solely by the University.   Revenue derived during Fiscal Year 2003-04 from tower and antenna leases and contracts prior to July 1, 2001, shall be retained by the University.

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

     63A.1.      (BCB/AUD: Access of Records)  Notwithstanding any other provision of law, for the purposes of carrying out his duties, the State Auditor and his assistants or designees shall have access to all records and facilities of every state agency during normal operating hours.  Furthermore, the State Auditor and his assistants or designees shall have access to all relevant records and facilities of any private organization which is appropriated state monies, relating to the management and expenditures of such funds, during the organization's normal operating hours.  In the performance of his official duties, the State Auditor and his assistants or designees are subject to the statutory provisions and penalties regarding the confidentiality of records of the respective agency, or organization, under review.  All audit working papers and memoranda of the State Auditor, with the exception of final audit reports, are confidential and not subject to public disclosure.
     63A.2.      (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.3.      (BCB/AUD: Contracts for State Audits)  In the event qualified personnel cannot be hired during the current fiscal year, any unused personal service funds in Subsection 63A, may be used to contract private firms to perform audits as prescribed by the State Auditor.
     63A.4.      (BCB/AUD: Medical Assistance Audit)  The Department of Health and Human Services shall remit to the general fund an amount representing fifty percent (allowable Federal Financial Participation) of the cost of the Medical Assistance Audit as established in the State Auditor's Office of the Budget and Control Board Section 63A such amount to also include appropriated salary adjustments and employer contributions allowable to this program.  Such remittance to the general fund shall be made monthly and based on invoices as provided by the State Auditor's Office of the Budget and Control Board.
     63A.5.      (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 estimated cost per year for the next five years shall not exceed $240,000.  The audit shall be re-bid every five years.

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

     63B.1.      (BCB/EB: Benefits - Proportionate Payment)  It is the intent of the General Assembly that any agency of the State Government whose operations are covered by funds from other than general fund appropriations shall pay from such other sources a proportionate share of the employer costs of retirement, social security, workmen's compensation insurance, unemployment compensation insurance, health and other insurance for active and retired employees, and any other employer contribution provided by the State for the agency's employees.
     63B.2.      (BCB/EB: Unemployment Compensation Account)  Unemployment Compensation premiums collected from state agencies will be deposited into a separate account and used to pay Unemployment Compensation benefits to eligible employees of the State.  Premiums will be based on experience ratings provided by private consultants and the Budget and Control Board.  The Unemployment Compensation Funds' contribution level must be reviewed no less than biennially to ensure that premiums are commensurate with the cost of operating the Unemployment Compensation Fund.  All interest earned on this account must be retained by the Unemployment Compensation Fund and used to offset costs.
     63B.3.      (BCB/EB: Unemployment Compensation Insurance Claims)  Notwithstanding the amounts appropriated in Subsection 63B of this section as "Unemployment Compensation Insurance" to cover unemployment benefit claims paid to employees of the State Government who are entitled under federal law, the State Treasurer and the Comptroller General are hereby authorized and directed to pay from the General Fund of the State to the South Carolina Employment Security Commission such funds as are necessary to cover actual benefit claims paid during the current fiscal year which exceed the amounts paid in for this purpose by the various agencies, departments and institutions subject to unemployment compensation claims.  The Employment Security Commission shall certify quarterly to the Budget and Control Board the state's liability for such benefit claims actually paid to claimants who were employees of the State of South Carolina and entitled under federal law.  The amount so certified shall be remitted to the Employment Security Commission.
     63B.4.      (BCB/EB: Workers' Compensation Insurance Claims)  Notwithstanding the amounts appropriated in Subsection 63B of this section as "Workers' Compensation Insurance" to cover Workers' Compensation benefit claims paid to employees of the State Government who are entitled under state law, the State Treasurer and the Comptroller General are hereby authorized and directed to pay from the General Fund of the State to the State Accident Fund such funds as are necessary to cover actual benefit claims paid and expenses relating to the operations of the agency during the current fiscal year which exceed the amounts paid in for this purpose by the various agencies, departments, and institutions.  The State Accident Fund shall certify quarterly to the Budget and Control Board the state's liability for such benefit claims actually paid to claimants who are employees of the State of South Carolina and entitled under state law.  The amount so certified shall be remitted to the State Accident Fund.
     63B.5.      (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.6.      (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.

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

     63C.1.      (BCB/CRF: Deficit Projected - Use of CRF)  If the Board of Economic Advisors revenue forecast to the Budget and Control Board at any time during the current fiscal year projects that revenues for the current fiscal year will be less than appropriated expenditures for this year, the Budget and Control Board in mandating necessary cuts during the current fiscal year to eliminate the projected deficit must first reduce to the extent necessary the appropriation herein contained to the Capital Reserve Fund, prior to mandating any cuts in operating appropriations.
SECTION 64 - R44 - DEPARTMENT OF REVENUE

     64.1.      (DOR: Cost Recovery Fee)  The Department of Revenue may collect fees to recover the costs of the production, purchase, handling and mailing of documents, publications, records and data sets, and such funds shall be retained by the agency.
     64.2.      (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.
     64.3.      (DOR: Bingo Revenue)  As to revenue derived from the provisions of Chapter 21, Title 12, which is collected from bingo, the Department of Revenue may withhold from the general fund portion of this revenue the actual costs of bingo audit activity and of criminal record checks pursuant to the evaluation of applications for bingo licenses.
     64.4.      (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.
     64.5.      (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.
     64.6.      (DOR: Professional Designation or License Cost)  Whenever a professional designation or license is a legislatively mandated requirement for employment by the Department of Revenue, the department shall be responsible for the annual cost to maintain that required designation or license and provide for examination cost associated with such designation or license if not outside his/her normal duties.
     64.7.      (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.
     64.8.      (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.
     64.9.      (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.
     64.10.      (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.
     64.11.      (DOR: Tax Amnesty)  To encourage the payment of taxes owed to the State, and prior to the effective date of legislation allowing for assessment of the cost of collection, the General Assembly finds it desirable to establish a period during which the South Carolina Department of Revenue shall waive penalties and one-half of the interest imposed under Title 12 of the 1976 Code payable to the Department of Revenue for any taxpayer who pays all taxes, interest and costs owed.  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.  The term does not include a tax debt, however, if the taxpayer entered into an installment agreement for the tax debt within 120 days after the first notice and has made all timely payments required under the installment agreement.
                 (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)      "Reprieve tax debt" means tax debt only for tax periods on or before December 31, 2001, less one-half the interest and all penalties due as of September 30, 2002.
                 (4) (3)      "Notice" means a notice of proposed assessment or notice of assessment issued by the department to the taxpayer.
     (B)      There is established a reprieve period for the payment of reprieve tax debt to the department to commence October 15, 2002 and end November 30, 2002.  During this period, the reprieve shall be that the department shall not pursue criminal prosecution and shall accept payment of the reprieve tax debt as payment in full of the relevant tax debt.
     (C)      The department shall not initiate a criminal investigation or refer the taxpayer to the South Carolina Attorney General's Office for criminal prosecution for the tax or tax periods covered by the granting of a reprieve.
     (D)      The department shall grant a reprieve to any taxpayer who voluntarily pays in full all reprieve tax debt to the department within the reprieve period.  If, on or before November 30, 2002, a taxpayer enters into an installment payment agreement with the department for payment of overdue tax debt, and makes full payment of the reprieve tax debt by November 30, 2002, the taxpayer shall be granted a reprieve; provided, however, no refund of previously paid interest or penalties shall be generated due to the reprieve.
     (E)      The department shall not grant a reprieve to any taxpayer who, as of October 14, 2002, is the subject of a state tax related criminal investigation or criminal prosecution.
     (F)      The department shall not grant a reprieve for any one filing period if the taxpayer has overdue tax debt for other periods on or before December 31, 2001.  The department shall not grant a reprieve for any tax periods after December 31, 2001.
     (G)      Any taxpayer who has an appeal pending with respect to a proposed assessment made by the department is eligible to participate in the reprieve program if the taxpayer pays the entire reprieve tax debt.
     (H)      The department shall be allowed reimbursement of costs associated with administration of this proviso not to exceed 20% of the reprieve collections.  This amount may be retained from the reprieve collections and expended for budgeted operations.
     (I)      The department may review all cases in which reprieve has been granted and may on the basis of mutual mistake of fact, fraud, or misrepresentation rescind the grant of reprieve.  Any taxpayer who files false or fraudulent returns or attempts in any manner to defeat or evade a tax under the reprieve program is subject to applicable penalties and criminal prosecution.
     (J) (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.
     (K) (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.
     (L) (D)      The amount of the collection assistance fee is twenty percent (20%) of the amount of the overdue tax.
     (M) (E)      An amount not exceeding ten percent (10%) of the The proceeds of the collection assistance fee must be credited to a special account within the department, and is a receipt of the department and must be applied to the costs of collecting tax debts, to educating taxpayers, to reduce enforced collection costs, and to such other administrative costs as approved by the Director 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.
     (N) (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.
     (O)      (1) (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.
                 (2)      Collection agencies with which the department contracts under Section 12-4-340 and 12-54-227 are also authorized to accept requests for reprieve under terms and conditions set by the department.
     (P)      Penalties assessed under Sections 12-28-1730(F), 12-21-2738, 12-21-2748, 12-21-2804, 12-54-90, 12-54-43(H), 12-21-3960, and 12-21-4140 are not eligible for abatement under the reprieve.
     (Q)      No refunds can be generated due to the reprieve.
     (R) (H)      Except when the context clearly indicates a different meaning, the definitions in Section 12-60-30 apply to these provisions.
     (S)      (1) (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.
                 (2)      The installment payment fee specified in Subsection J is effective upon signature of the governor.
     64.12.      (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.
     64.13.      (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.
     64.14.      (DOR: County Allocation Adjustments)  Notwithstanding the limitations set forth on adjustments of local option sales tax collections, the Department of Revenue is allowed to make adjustments within the county allocations for Fiscal Year 2001-02 during Fiscal Year 2002-03.
     64.15.      (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.
     64.16.      (DOR: Tax Return Information)  Notwithstanding the provisions of Section 12-54-240 of the 1976 Code or any other provision of law, nothing prevents the disclosure of any information on any return that has been filed with the Department of Revenue to the Department of Health and Human Services for the purpose of verifying Medicaid eligibility.
     64.17.      (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.

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: Lobbyist Fee)  The State Ethics Commission is authorized to increase lobbyists and lobbyist's principal registration fees to one hundred dollars to be used to offset costs associated with the administration and enforcement of Chapter 17 of Title 2 of the South Carolina Code of Laws, 1976, as amended.  Any excess funds may be carried forward into the current fiscal year to be used 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)  Of the amount The amounts appropriated in this section Part IA, Section 69A, for Aid Cnty-Clerks of Court, Aid Cnty-Probate Judges, and Aid Cnty-Sheriffs for clerks of court, probate judges, and county sheriffs, $4,725 shall be distributed by the Comptroller General to each county treasurer equally, which and shall be used as a $1,575 salary supplement for each clerk of court, probate judge, and county sheriff.  The amounts appropriated in this section Part IA, Section 69A, for Aid Cnty-Register of Deeds, for registers of deeds shall be equally distributed by the Comptroller General to the appropriate county treasurer, which and shall be used as a $1,575 salary supplement for registers of deeds.  The State shall pay $16,899 amount appropriated in Part IA, Section 69A, for Aid Cnty-Auditors and Aid Cnty-Treasurers, shall be equally distributed as a salary supplement 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)  Notwithstanding any other provision of law, state reimbursements for the Property Tax Relief fund shall be funded in the same amount as in the prior fiscal year, except for the estimated growth in the seniors' homestead exemption and manufacturer's depreciation.

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: Use of Funds)  It is the intent of the General Assembly to appropriate all state funds and to authorize and/or appropriate the use of all federal and other funds for the operations of State agencies and institutions for the current fiscal year.  Transfers of funds may be approved by the Budget and Control Board under its authority or by the agency as set forth herein in Section 72.14.  Any agency which requests or transfers personal service funds must indicate on the transfer document whether or not a reduction in force is involved.  To the extent practicable, all agencies and institutions having federal or other funds available for the financing of their operation shall expend such funds in accordance with the intent of this act.  The authorization to spend federal and other funds shall be decreased to the extent that receipts from these sources do not meet the estimates as reflected in each section of this act; and any increase shall be authorized through the review process as set forth in Act 651 of 1978 as amended.
     72.3.      (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 2002-2003 2003-2004, and for other purposes specifically designated.
     72.4.      (GP: Fiscal Year Definitions)  For purposes of the appropriations made by this part, "current fiscal year" means the fiscal year beginning July 1, 2002 2003, and ending June 30, 2003 2004, and "prior fiscal year" means the fiscal year beginning July 1, 2001 2002, and ending June 30, 2002 2003.
     72.5.      (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.
     72.6.      (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.
     72.7.      (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.
     72.8.      (GP: Credit Cards for Goods & Services)  Notwithstanding any other provision of law, the State Treasurer may enter into contracts whereby the agency or institution may accept credit cards as payment for goods or services provided.
     72.9.      (GP: Warrant Requisitions, Deposits)  The expenditure of money appropriated in this act shall be by warrant requisitions directed to the Comptroller General.  Upon receipt of the requisition, accompanied by invoices or other satisfactory evidence of the propriety of the payment, and itemized according to standard budget classifications, the Comptroller General shall issue his warrant on the State Treasurer to the payee designated in the requisition.  No requisitions for warrants shall be processed for any amounts less than one dollar.  Upon approval and designation by the State Budget and Control Board, state institutions may requisition funds in favor of their own treasurer, itemized only to the extent of the purpose of the appropriation as expressed in this act, and may deposit such funds in the name of the institution, in such bank or banking institutions as shall be designated by the State Treasurer, and disburse same by check to meet the purposes of the appropriation, but strict account shall be kept of all such expenditures according to standard budget classifications.  All money shall be drawn only when actually owing and due.  The Comptroller General shall establish rules and regulations for the uniform reimbursement, remittance and transfers of funds to the General Fund of the State required by law.
     72.10.      (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.
     72.11.      (GP: Federal Funds, Donations, Deposited in State Treasury)  All federal funds received shall be deposited in the State Treasury, if not in conflict with federal regulations, and withdrawn therefrom as needed, in the same manner as that provided for the disbursement of state funds.  If it shall be determined that federal funds are not available for, or cannot be appropriately used in connection with, all or any part of any activity or program for which state funds are specifically appropriated in this act to match federal funds, the appropriated funds may not be expended and shall be returned to the general fund, except upon specific written approval of the Budget and Control Board.  Donations or contributions from sources other than the Federal Government, for use by any state agency, shall be deposited in the State Treasury, but in special accounts, and shall be withdrawn from the treasury as needed to fulfill the purposes and conditions of the said donations, or contributions, if specified, and, if not specified, as may be directed by the proper authorities of the department.  The expenditure of funds by agencies of the State Government from sources other than general fund appropriations shall be subject to the same limitations and provisions of law applicable to the expenditure of appropriated funds with respect to salaries, wages or other compensation, travel expense, and other allowance or benefits for employees.
     72.12.      (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.
     72.13.      (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 72.9 of this act, and expended to fulfill the purpose for which such fees or income were levied, but no part of such income shall be used for permanent improvements without the express written approval of the State Budget and Control Board and the Joint Legislative Capital Bond Review Committee; and it is further required that no such fee or income shall be charged in excess of the amount that is necessary to supply the service, or fulfill the purpose for which such fee or income was charged.  Notwithstanding other provisions of this act, funds at state institutions of higher learning derived wholly from athletic or other student contests, from the activities of student organizations, and from the operations of canteens and bookstores, and from approved Private Practice plans 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.
     72.14.      (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.
     72.15.      (GP: Bank Procedures - State Treasury A Bank)  In any instances where federal laws or regulations, relating to funds allotted to state government agencies, include requirements relating to banking procedures, the State Treasury shall be deemed to meet the definition of a bank.
     72.16.      (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.
     72.17.      (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.
     72.18.      (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.
     72.19.      (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 two percent of the undergraduate student body.
     72.20.      (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.
     72.21.      (GP: Employer Contributions Cost of Agencies)  It is the intent of the General Assembly that the amount so provided to each agency or institution for employee benefits shall be sufficient to pay the employer contribution costs of that agency.  The Budget and Control Board is directed to devise a plan for the expenditure of the funds appropriated for employer contributions and may require transfers of funds within an agency or institution if it becomes evident that the employer contribution costs will exceed the funds available for that purpose.
     72.22.      (GP: Dual Employment)  Any employee who is approved for dual employment must be paid in a timely manner.  The secondary agency is required to make payment of funds approved for and earned under dual employment within forty-five days of the beginning of the employment.
     72.23.      (GP: Payroll Schedule & Compensation Restrictions)  Except as otherwise provided in this act, all appropriations for compensation of state employees shall be paid in twice-monthly installments to the person holding such position.  In order to provide a regular and permanent schedule for payment of employees, it is hereby established that the payroll period shall begin on June 2, of the prior fiscal year with the first pay period ending on June 16, of the prior fiscal year.  The payroll period shall continue thereafter on a twice-monthly schedule as established by the Budget and Control Board.  It is the intent of the General Assembly that this schedule, thus established, will continue from one fiscal year to another without interruption, on a twice monthly basis.  The Budget and Control Board is authorized to approve any changes to this schedule where circumstances are deemed justifiable.
     The appropriated salaries for specified positions shall mean the maximum compensation for such position, except as specifically provided in other provisions of this act, and in any case where the head of any department can secure the services for a particular position or work at a lower rate than the salary specified in this act, authority for so doing is hereby given.
     No employee of any state department or institution shall be paid any compensation from any other department of the state government except those approved under the provisions of Regulation 19-702.09 of the 1976 Code, as amended, and no employee of any department or institution shall be paid travel expenses by any other department or institution without approval of the agency by which he is regularly employed.  The Comptroller General shall report, after June thirtieth of each year, to the Senate Finance Committee and the House Ways and Means Committee the names of all employees receiving dual compensation and the amounts received.  The report shall list information under the employing (primary) agency, as well as in the current format which lists employees under the requesting (secondary) agency.
     The provisions of Regulation 19-707.02 and Section 8-5-10 of the 1976 Code, as amended, shall not apply to employees hired for 120 days or less.
     72.24.      (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.
     72.25.      (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.
     72.26.      (GP: Temporary Grant Funded or Time Limited Funded Positions)  Notwithstanding any other provision of law or this act, state agencies and institutions may, at their discretion, hire employees to fill temporary grant positions specified in federal grants, public charity grants, private foundation grants, research grants and positions with time limited funding approved or authorized by the appropriate state authority in accordance with the following provisions:
     A.      Only those funds authorized within the approved federal grant, public charity grant, private foundation grant, research grant, or time limited funds for a specified project, or grant generated revenue can be used to pay the salaries and/or benefits of temporary employees hired under this provision.
     B.      Temporary grant or time limited positions, employees, and the conditions of their employment shall be reported in accordance with provisions developed by the Division of Budget and Analyses of the Budget and Control Board.
     C.      Positions established under this provision must be limited to and must not exist beyond the duration of the time limited project or grant or any subsequent renewal of it; however, at the discretion of the public institutions of higher education, including the technical colleges and schools, grant generated revenue may be used to fund continued employment between the expiration of one grant and the subsequent renewal of the same or similar grant.  When the grant, time limited project or any subsequent renewal ends, temporary grant or time limited project employees must be terminated and their positions will cease to exist.  Temporary grant or time limited project employees will be exempt from the provisions of Sections 8-17-310 through 8-17-380 of the 1976 Code, as amended.  State agencies and institutions must terminate all temporary grant or time limited project positions at any time funding is terminated or is insufficient to continue payments under the conditions of the grant or time limited project.
     D.      Temporary grant or time limited project employees may be eligible for benefits, excluding permanent or probationary employment status, not to exceed those benefits available to permanent state employees provided that such funds are available within the grant or time limited project or that the use of grant generated revenue is deemed appropriate by the agency or institution.
     E.      Temporary grant or time limited project employees shall be deemed to be employed at will.  The use of grant generated revenue shall not alter the at will employment relationship of temporary grant or time limited project employees.  The temporary grant or time limited project employee shall not be entitled to any compensation beyond the date of termination, other than for such part of the grant or time limited project that has been performed.
     F.      Discretionary determinations by a state agency or institution as to whether to hire an employee pursuant to this proviso are final and not subject to administrative or judicial appeal.
     72.27.      (GP: Personal Service Reconciliation, FTEs)  In order to obtain 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 Division of Budget and Analyses 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 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 authorized in the board record of authorized full-time equivalent positions.  Each agency may, upon notification to the Budget and Control Board, change the funding source of state FTE positions established on the Budget and Control Board records as necessary to expend federal and other sources of personal service funds in an effort to conserve or stay within the state appropriated personal service funds.  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, upon notification to the Budget and Control Board, transfer FTEs between programs as needed to accomplish the agency mission.  No agency shall change funding sources that will cause the agency to exceed the authorized number of state or total full-time equivalent positions.
                       (b)      By That by September 30, the board shall prepare a personal service detail analysis, by agency, which shows each position established the number of established positions for the fiscal year and the amount of funds required, by source of funds, to support the position FTE's for the fiscal year at a funding level of 100%. and the The board shall then reconcile each agency's personal service detail with the agency's personal service appropriation as contained in the act 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)      Any 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.      (d)      Full-time That full-time equivalent (FTE) positions shall be determined under the following guidelines:
                       (a)      1.      The annual work hours for each FTE shall be the agency's full-time standard annual work hours.
                       (b)      2.      The state FTE shall be derived by multiplying the state percentage of budgeted funds for each position by the FTE for that position.
                       (c)      3.      All institutions of higher education shall use a value of 0.75 FTE for each position determined to be full-time faculty with a duration of nine (9) months.
     The FTE method of accounting shall be utilized for all authorized positions.
           3. 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.
           4. 5.      The That the Budget and Control Board shall annually reconcile personal service funds with full-time employee count. to determine unfunded Unfunded positions which 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.
           5. 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.
           6. 7.      The 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).
     The requirements of subitem 2(c) and subitem 4 5 contained in this provision are suspended for Fiscal Year 2002-03 2003-04.
     72.28.      (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.
     72.29.      (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.
     72.30.      (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.
     72.31.      (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.
     72.32.      (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.
     72.33.      (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.
     72.34.      (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.
     72.35.      (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.  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, taking into consideration location, purpose of travel or other extenuating circumstances.  The provisions of this item shall not apply to Section 42-3-40 of the 1976 Code.
     B.            That employees of the State, when traveling outside the United States, Canada, and Puerto Rico upon promotional business for the State of South Carolina shall be entitled to actual expenses for both food and lodging.
     C.            The Governor, Lieutenant Governor, Secretary of State, Comptroller General, Attorney General, State Treasurer, Adjutant General, Superintendent of Education and the Commissioner of Agriculture shall be reimbursed actual expenses for subsistence.
     D.            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.  Members of such committees may opt to receive actual expenses incurred for lodging and actual expenses incurred in the obtaining of meals in lieu of the allowable subsistence expense.
     E.            Members of the state boards, commissions, or committees whose duties are not full-time and who are paid on a per diem basis, shall be allowed reimbursement for actual expenses incurred at the rates provided in paragraph A and I of this section while away from their places of residence on official business of the State.  One person accompanying a handicapped member of a state board, commission, or committee on official business of the State shall be allowed the same reimbursement for actual expenses incurred at the rates provided in paragraph A through I of this section.
     F.            No subsistence reimbursement shall be allowed to a Justice of the Supreme Court or Judge of the Court of Appeals while traveling in the county of his official residence.  When traveling on official business of said court within 50 miles outside the county of his official residence, a Supreme Court Justice and a Judge of the Court of Appeals shall be allowed subsistence expenses in the amount of $35 per day plus such mileage allowance for travel as is provided for other employees of the State.  When traveling on official business of said court 50 or more miles outside the county of his official residence, each Justice and Judge of the Court of Appeals shall be allowed subsistence expenses in the amount as provided in this act for members of the General Assembly plus such mileage allowance for travel as is provided for other employees of the State.  The Chief Justice, or such other person as he she 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 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 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.
     72.36.      (GP: Rental Charges, Collections State Offices)  The Budget and Control Board is hereby directed to assess and collect a rental charge from all departments and agencies of the State Government occupying Budget and Control Board space in state-controlled office buildings.  The amount charged each department or agency shall be calculated on a square foot, or other equitable basis of measurement, and at such rates as will yield sufficient total annual revenue to cover the annual principal and interest due or anticipated on the Capital Improvement Obligations for projects administered or planned by the Office of General Services, and maintenance and operation costs of Budget and Control Board-controlled office buildings under the supervision of the Office of General Services.  The amount so collected shall be deposited in a special account and shall be expended only for payment on Capital Improvement Obligations and maintenance and operations costs of the buildings under the supervision of the Office of General Services.
     All departments and agencies against which rental charges are assessed and whose operations are financed in whole or in part by federal and/or other nonappropriated funds are directed to apportion the payment of such charges equitably among all such funds, so that each shall bear its proportionate share.
     72.37.      (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.
     72.38.      (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.
     72.39.      (GP: Printing Costs Disclosure on State Publications)  All agencies using appropriated funds shall print on the last page of all bound publications the following information:
           (1)      Total printing cost
           (2)      Total number of documents printed
           (3)      Cost per unit
     The President Pro Tempore of the Senate, the Speaker of the House, Legislative Printing, Information and Technology Systems, the presidents of each institution of higher education, and the State Board for Technical and Comprehensive Education may exempt from this requirement, documents published by their respective agencies.  Agency publications which are produced for resale are also exempt from this requirement.
     Publications of public relations nature, produced by Parks, Recreation and Tourism, and the Division of State Development are exempt from this requirement.
     72.40.      (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.
     72.41.      (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.  In addition, any remaining appropriation reduction account balances shall be returned to state agencies and carried forward into the current fiscal year in the event the total appropriation reduction amount exceeds the amount needed to avoid a general fund deficit in the prior 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.  Notwithstanding any other provision of law or source of funds, state agencies and institutions are allowed to spend carry-forward monies from the previous fiscal year so as to provide selected employees a one-time lump sum bonus, not to exceed one two thousand dollars, based on objective guidelines established by the Budget and Control Board.  This payment 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.
     In addition, each agency is authorized to carry forward unspent funds set aside as a result of the Littlefield case.  Any funds carried forward to pay former state employees for annual leave in excess of forty-five working days that was lost, should be used only for this purpose.
     72.42.      (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.
     72.43.      (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, 2003.
     72.44.      (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.
     72.45.      (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.
     72.46.      (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.
     72.47.      (GP: Out-of-State Travel Report)  For Fiscal Year 2002-03 2003-04, the Comptroller General is authorized to suspend issuance of the below referenced report on out-of-state travel.
     Annually on October 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.
     72.48.      (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.
     72.49.      (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.
     72.50.      (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.  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.
     72.51.      (GP: Professional Dues)  State agencies and institutions are prohibited from paying or reimbursing professional dues payments for individuals to the American Bar Association.
     72.52.      (GP: Federal/Other Funded Employee Bonus)  Notwithstanding any other provision of law, state agencies and institutions shall be allowed to spend federal and other sources of revenue to provide selected employees a one-time lump sum bonus not to exceed $1,000 $2,000, based on objective guidelines established by the Budget and Control Board.  Agencies affected by this proviso shall maintain documents verifying that the bonuses funded were from savings resulting from increased efficiency in their operations.  Also, agencies using federal funds for the bonus must show that the use of these funds is in compliance with federal law.  This payment 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.
     72.53.      (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.
     72.54.      (GP: Joint Victim/Witness Personnel Services Study Committee)  The Senate Finance Committee and the House Ways and Means Committee is directed to coordinate a panel to study publicly funded Victim Assistance/Victim Witness Services. The purpose of the Joint Committee is to monitor the implementation of findings and to study the other issues raised in the Joint/Witness Personnel Services Study.  The panel shall consist of the following members:  two from the Senate Finance Committee, two from the House Ways and Means Committee, two Governor's appointees, one of which is the Director of the Division of Victims' Assistance, one from the Attorney General's Office, one from the Department of Public Safety (Grants Administration), and one from the Department of Probation, Parole and Pardon Services.  Ex-Officio members shall include the Governor's Advisory Victim Services Coordinating Committee who shall be non voting members.
     72.55.      (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.
     72.56.      (GP: Aid to Subdivisions Withholding to Recover Charges)  Any local government entity which demands payment of rent or lease payments from a state agency or institution, unless approved by that state agency, must have deducted from that local government's State Aid to Subdivisions allocation an amount equal to 110 percent of the amount charged.  From the withheld allocation, the state agency must be reimbursed the actual amount paid and the balance must be credited to the General Fund of the State.
     72.57.      (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.
     72.58.      (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.
     72.59.      (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.
     72.60.      (GP: State Agencies - Alternate Work Locations)  It is the intent of the General Assembly to allow state agencies to use alternate work locations, including telecommuting, that result in greater efficiency and cost savings.
     72.61.      (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.
     72.62.      (GP: Court Revenue Study)  The Senate Finance Committee and the House Ways and Means Committee are directed to coordinate a panel to study statutory provisions for the distribution of revenue generated by the state's various courts.  The purpose of the panel is to assess the effectiveness of existing processes and consider alternative methods of accounting for and distributing court fines and fees.  In conducting this study, the panel may determine the amounts of court revenues distributed to various entities, however it is not the purpose of the panel to recommend changes to the existing distribution shares.  The panel shall consist of the following members:  one from the Senate Finance Committee, one from the House Ways and Means Committee, one Governor's appointee, one from the State Treasurer's Office, one from the Division of Court Administration, one from the State Auditor's Office, one from the Association of Counties, and one from the Municipal Association.  Staff support shall be provided by the Senate Finance Committee, the House Ways and Means Committee, and the Division of Court Administration.  The panel shall submit a report to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee.
     72.63.      (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 not be eligible to receive Unemployment Compensation benefits as defined and administered by the Employment Security Commission, pursuant to Title 41, Chapters 27 through 41, of the South Carolina Code of Laws.  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.
     72.64.      (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 2002-03 2003-04 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 72.14 (Transfers of Appropriations), appropriation transfers may exceed twenty percent of the program budget upon approval of the Budget and Control Board.
     72.65.      (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.
     72.66.      (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 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 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.
     72.67.      (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.
     72.68.      (GP: Accrual Accounting)  In addition to those taxes and fees subject to accrual accounting pursuant to Section 11-9-85 of the 1976 Code, the revenues of the deed recording fee imposed pursuant to Chapter 24, Title 12 of the 1976 Code must be similarly accrued for accounting purposes.
     72.69.      (GP: Federal Matching Funds)  All state agencies shall conduct a study to determine what federal matching funds are or may be available to the agency and shall report its findings to the Senate Finance Committee and the Ways and Means Committee before October 1, 2002 2003.
     72.70.      (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).
     72.71.      (GP: Audits of County Records)  The council shall provide for an independent annual audit of all financial records and transactions of the county and an agency funded in whole by county funds and may provide for more frequent audits as it considers necessary.  Special audits may be provided for an agency receiving any portion of its funding from county funds as the county governing body considers necessary.  The audits must be made by a certified public accountant or public accountant or firm of these accountants who have no personal interest, direct or indirect, in the fiscal affairs of the county government or its officers.  Without requiring competitive bids, the council may designate the accountant or firm annually or for a period not exceeding one year.  The designation for a particular fiscal year must be made no later than thirty days after the beginning of the fiscal year.  The report of the audit must be made available for public inspection.  A copy of the report of audit must be submitted to the Comptroller General no later than January first each year following the close of the books of the previous fiscal year; except that the Comptroller General may extend the time for good cause.  If the report is not timely filed, including any extension, funds distributed by the Comptroller General to the county in the current fiscal year must be withheld pending receipt of a copy of the report.
     72.72.      (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 2001-02 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.
     72.73.      (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.
     72.74.      (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.
     72.75.      (GP: Deferred Compensation Loan)  An employee participating in any plan under the Deferred Compensation Program may repay a plan loan made by the employee through payroll deductions from the employee's compensation.
     72.76.      (GP: MIS Cost Savings)  The Budget and Control Board must contract for a feasibility study for the development of a Health and Human Services Enterprise IT System.  The study must determine the functionality, features, architectural design, and costs associated with developing an integrated enterprise-wide system for assessing all health related data and information across state health agencies.  The goal of the system is to add operational efficiencies, reduce redundant IT costs, and to enable state health agencies to deliver client services in a more focused, efficient, and cost-effective manner.  A priority area for the integrated enterprise system is eligibility determination and coordination.  The board is authorized to charge agencies for all costs associated with the study.  The following agencies are directed to cooperate and participate in the study:  the Departments of Health and Human Services, Mental Health, Disabilities and Special Needs, Health and Environmental Control, Social Services, Alcohol and Other Drug Abuse Services, Vocational Rehabilitation and the Commission for the Blind.  The study must be provided to the Governor and the Chairmen of the Senate Finance and House Ways and Means Committees no later than January 10, 2003.  The State's CIO is authorized to charge state agencies in Sections 7, 8, 9, 10, 11, 12, 13, and 14 for the implementation of an Integrated Health and Human Services Management Information System Plan after approval of the Budget and Control Board.
     72.77.      (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.
     72.78.      (GP: Personal Property Tax Relief Fund)  Notwithstanding the provisions of Section 12-37-2735 of the 1976 Code, the amount credited to the Personal Property Tax Relief Fund is reduced from twenty million dollars to zero.  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.
     72.79.      (GP: Healthcare Tobacco Settlement Trust Fund Transfer)  Notwithstanding any other provision of law, for FY 2002-2003 only, and contingent upon the approval of the Tobacco Settlement Revenue Management Authority and parties to the trust agreement, an amount equal to $101 million must be transferred 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 following agency and used for the purposes stated:  J12-Department of Mental Health: $4,000,000; and J02-Department of Health and Human Services:  $97,000,000 to be expended for Medicaid and up to $7,500,000 needed to continue the nursing home rate increases made possible by the annual franchise fee on nursing homes implemented by the joint resolution of 2002 bearing ratification number 176.  The joint resolution of 2002, which imposed an annual franchise fee on nursing homes and bearing ratification number 176 is repealed.  The State's CIO is authorized to charge state agencies in Sections 7, 8, 9, 10, 11, 12, 13, and 14 for the implementation of an Integrated Health and Human Services Management Information System Plan after approval of the Budget and Control Board.
     72.80.      (GP: Redirect Funds)  Recognizing the fiscal difficulties facing South Carolina for the current Budget year, the General Assembly intends to exercise its authority to redirect an amount of funds equivalent to the interest accrued or accruing on the herein named restricted accounts held by agencies of state government.  Amounts transferred pursuant to this paragraph represent funds equivalent to the interest accrued or accruing only on state fund balances in restricted accounts and if it is determined that any portion of the amount transferred is attributable to federal dollars that amount must be made up from the state fund restricted fund balance.  Notwithstanding any other provisions of law, the State Treasurer shall transfer funds to the General Fund from the following accounts:  Governor's Office - Office of Executive Policies & Programs:  $79,485 must be transferred to the General Fund from Subfund 4649 USDA-TLAP; Governor's Office - Office of Executive Policies & Programs:  $1,801 must be transferred to the General Fund from Subfund 4892 Legacy Trust Fund; State Treasurer's Office:  $1,250 must be transferred to the General Fund from Subfund 4066 Disaster Trust Fund; State Treasurer's Office:  $892,569 must be transferred to the General Fund from Subfund 4070 SC Housing Trust Fund; State Treasurer's Office:  $596,616 must be transferred to the General Fund from Subfund 43A8 Barnwell Economic Dev Fd; State Treasurer's Office:  $164,114 must be transferred to the General Fund from Subfund 4455 SVA Cumulative Snkg Fd 88; State Treasurer's Office:  $66,074 must be transferred to the General Fund from Subfund 4557 SVA Special Tax Fund 1988; State Treasurer's Office:  $21,125 must be transferred to the General Fund from Subfund 4612 Asbestos Expense Trust; State Treasurer's Office:  $1,278,710 must be transferred to the General Fund from Subfund 4694 Loan Fund-St. Ed Ast Auth; State Treasurer's Office:  $48,711,248 must be transferred to the General Fund from Subfund 4693 Atmc Wste Brl Fd-Chm Nclr; State Treasurer's Office:  $10,078 must be transferred to the General Fund from Subfund 4731 General Ser Ds-Gen Fund; State Treasurer's Office:  $3,188 must be transferred to the General Fund from Subfund 4732 General Ser Ds-Ins Res Fund; State Treasurer's Office:  $163,568 must be transferred to the General Fund from Subfund 4843 Local Option Sales Tax; State Treasurer's Office:  $4,761 must be transferred to the General Fund from Subfund 4895 Confiscated Cash; State Treasurer's Office:  $470,345 must be transferred to the General Fund from Subfund 4955  911 Phone Surcharge; Commission on Indigent Defense:  $78,553 must be transferred to the General Fund from Subfund 4313 Indigent Def Services Fund; Budget and Control Board:  $1,737 must be transferred to the General Fund from Subfund 4153 Funded Debt-Sinking Fund; Budget and Control Board:  $54,717 must be transferred to the General Fund from Subfund 4154 Ordinary Sinking Fund; Budget and Control Board:  $22,937,800 must be transferred to the General Fund from Subfund 4161 Insurance Reserve Fund Trust; Budget and Control Board:  $5,374 must be transferred to the General Fund from Subfund 4190 Fed Surplus Property Fd; Budget and Control Board:  $2,099,594 must be transferred to the General Fund from Subfund 4202 State Life & Ltd; Budget and Control Board:  $824,318 must be transferred to the General Fund from Subfund 4343 SC Infrastructure Loan Fund; Budget and Control Board:  $11,066 must be transferred to the General Fund from Subfund 4821 PVE-First Stage Restitution; Dept. of Health & Human Services:  $61,724 must be transferred to the General Fund from Subfund 4176 Nursing Home Sanctions; Dept. of Health & Human Services:  $223,942 must be transferred to the General Fund from Subfund 4508 Sr Cit Ctrs Perm Imp Fund; Dept. of Health & Environmental Control:  $541,329 must be transferred to the General Fund from Subfund 4545 Waste Tire Grant Trust Fund; Dept. of Health & Environmental Control:  $280,891 must be transferred to the General Fund from Subfund 4546 Petroleum Fund; Dept. of Health & Environmental Control:  $942,290 must be transferred to the General Fund from Subfund 4641 Haz Waste-Permitted Site Fd; Dept. of Health & Environmental Control:  $103,919 must be transferred to the General Fund from Subfund 4865 Solid Waste Mgmt Trust Fund; Dept. of Health & Environmental Control:  $154,266 must be transferred to the General Fund from Subfund 4906 Superb Fin Responsibility; Dept. of Health & Environmental Control:  $21,414 must be transferred to the General Fund from Subfund 4971 Infectious Waste Contingency Fd; Dept. of Health & Environmental Control:  $4,773 must be transferred to the General Fund from Subfund 4977 Infectious Waste Cnty Entitle Fd; Dept. of Health & Environmental Control:  $941,340 must be transferred to the General Fund from Subfund 4984 SUPERB Account; Dept. of Alcohol & Other Drug Abuse Services:  $9,919 must be transferred to the General Fund from Subfund 4784 Revolving Loan Fund; Dept. of Public Safety:  $70,904 must be transferred to the General Fund from Subfund 4547 Uninsured Enforcement Fund; Housing Finance & Development Authority:  $1,617,784 must be transferred to the General Fund from Subfund 4797 SHA Program Fund; Dept. of Agriculture:  $241,499 must be transferred to the General Fund from Subfund 4308 Whse Receipts Guarantee; Dept. of Agriculture:  $269,410 must be transferred to the General Fund from Subfund 4358 Grain Producers Guaranty Fund; Dept. of Natural Resources:  $16,913 must be transferred to the General Fund from Subfund 4189 SC Aquatic Plant Man Tr Fd; Dept. of Natural Resources:  $9,794 must be transferred to the General Fund from Subfund 4373 Nongame Wildlife & Natural Areas; Dept. of Natural Resources:  $439,291 must be transferred to the General Fund from Subfund 4395 Mitigation Trust Fund; Dept. of Natural Resources:  $212,643 must be transferred to the General Fund from Subfund 4520 Heritage Land Trust Fund; Dept. of Natural Resources:  $17,002 must be transferred to the General Fund from Subfund 4795 Jocassee Gorges Trust Fund; Dept. of Parks, Recreation & Tourism:  $276,379 must be transferred to the General Fund from Subfund 4126 PRT Development Fund; Dept. of Parks, Recreation & Tourism:  $159,337 must be transferred to the General Fund from Subfund 4278 Recreation Land Trust; Dept. of Parks, Recreation & Tourism:  $41,334 must be transferred to the General Fund from Subfund 4279 Gifts & Endowments Trust; Patriots Point Development Authority:  $14,225 must be transferred to the General Fund from Subfund 4049 Donations-Restricted; Patriots Point Development Authority:  $59,842 must be transferred to the General Fund from Subfund 4133 Admissions Revenue; State Accident Fund:  $1,769,012 must be transferred to the General Fund from Subfund 4033 Workers' Comp Fund-Trust; State Accident Fund:  $22,257 must be transferred to the General Fund from Subfund 4168 Escrow Funds; Patients' Compensation Fund:  $1,499,559 must be transferred to the General Fund from Subfund 4484 Patients Compensation Fund; Dept. of Labor, Licensing, & Regulation:  $7,982 must be transferred to the General Fund from Subfund 4592 Auctioneer Recovery Fund; Public Railways Commission:  $129,804 must be transferred to the General Fund from Subfund 4813 E Cooper & Berkeley RR; Public Railways Commission:  $245,277 must be transferred to the General Fund from Subfund 4814 Operating & Maintenance; and Public Railways Commission:  $26,591 must be transferred to the General Fund from Subfund 4816 Capital Improvement.  In order to provide maximum flexibility to maintain critical programs, for these transfers identified above to the general fund, an agency may, in lieu of the specific accounts 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.
     72.81.      (GP: Statewide Funding)  The sources of general fund revenues appropriated in this provision are as follows:  E16-State Treasurer's Office:  $3,400,000 must be transferred to the general fund from Unclaimed Property Subfund 3879; E16-State Treasurer's Office:  $5,000,000 must be transferred to the general fund from 911 Phone Surcharge Subfund 4955; E16-State Treasurer's Office:  $2,000,000 must be transferred to the general fund from Governor's Teaching School Loan Program Subfund 4019; F03-Budget and Control Board:  $2,000,000 must be transferred to the general fund from State Life & LTD Subfund 4202; Y14-Ports Authority:  $1,300,000 must be transferred to the general fund from funds held by the State Treasurer for the disposal of fill material from the Daniel Island Harbor Deepening Project; Y08-Public Railways Commission: $2,000,000 must be transferred to the general fund from E Cooper & Berkeley RR Subfund 4813; Y08-Public Railways Commission: $500,000 must be transferred to the general fund from operating and maintenance Subfund 4814; and R04-Public Service Commission: $1,400,000 must be transferred to the general fund.  Notwithstanding any other provision of law restricting the use of earned revenue, the Public Service Commission, in order to provide maximum flexibility in absorbing this transfer, is authorized for FY 2002-03 to spend from agency earmarked or restricted accounts an amount equal to this transfer.  The above listed funds are transferred to the General Fund of the State, and by this provision, these transfers are deemed to have occurred and, notwithstanding any other provision of law, these general fund revenues are available for appropriation as provided in this paragraph.  Any restrictions concerning specific utilization of these funds are lifted for the specified fiscal year.  From the revenue sources previously identified, there is appropriated or transferred for the fiscal year beginning July 1, 2002, and ending June 30, 2003, from the General Fund of the State, the following sums for the purposes stated:  F03-Budget and Control Board:  Baldrige Training $75,000; H03-Commisison on Higher Education:  Leadership Center Annualization $50,000; H63-Department of Education:  Education Finance Act $12,975,000; and P28-Department of Parks, Recreation and Tourism:  Advertising/Repay Loan $4,500,000.  The appropriations in this provision are contingent and therefore all items are to be funded on a pro-rata basis should revenue fall below the anticipated amount.  Unexpended funds appropriated pursuant to this part may be carried forward to succeeding fiscal years and expended for the same purposes.  No appropriation in this provision may be paid before the later of September 1, 2002, or the date the Comptroller General closes the state's books on Fiscal Year 2001-02.  Due to unanticipated costs associated with the legal defense of reapportionment legislation and other civil litigation and the resulting impact on the budgets of the House and the Senate, the Budget and Control Board is directed to transfer the amount of $1.3 million from Board reserve accounts to A01 Senate reserve account and the amount of $1.3 million from Board reserve accounts to A05 House revenue reserve account.  The Comptroller General shall establish expenditure authorization for the amount transferred.  The Budget and Control Board is required to suspend the payment of annual premiums for all Insurance Reserve Fund insurance lines that would otherwise be paid by State agencies as defined in by this proviso during Fiscal Year 2002-03.  This suspension of annual renewal premium applies to coverages that were in effect in Fiscal Year 2001-02 and would be subject to renewal in Fiscal Year 2002-03.  Any new coverages or additional coverages insured with the Insurance Reserve Fund during FY 2002-03 are subject to premium collection.  Each state agency, as so classified by the Insurance Reserve Fund for purposes of providing insurance, is directed to remit the amount of premium savings, as reported by the Insurance Reserve Fund, to the Budget and Control Board for deposit in an account established by the State Treasurer to the credit of the general fund.  Each state agency is authorized to use funds from any revenue source except federal funds for this payment.  Section 1-1-1020 (B) and (C) of the South Carolina Code of Laws, as amended, is suspended.  By this provision, these remittances are deemed to have occurred and be available for appropriation in the amount of $27,900,000.  In order to provide maximum flexibility to maintain critical programs, for these transfers identified above to the general fund, an agency may, in lieu of the specific accounts 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.  From the amount recouped from state agencies and transferred to the general fund pursuant to this proviso, there is appropriated for the fiscal year beginning July 1, 2002 and ending June 30, 2003, the following sums for the stated purposes:  H03-Commission on Higher Education:  GEAR-UP Non-Recurring Funding $600,000; H27-University of South Carolina-Columbia:  Materials Research Science & Engineering Center (Nano Technology) $1,000,000; H63-Department of Education:  Education Finance Act $25,700,000; P32-Department of Commerce: SEUS International Trade Show $600,000.
     72.82.      (GP: SC Adoptions Procedures Study Committee)  There is created the South Carolina Adoptions Procedures Study Committee to review South Carolina adoption processes and procedures for the purpose of strengthening the integrity of adoptions.  The committee shall be comprised of:  two senators, appointed by the President Pro Tempore of the Senate, who shall serve ex officio; two representatives, appointed by the Speaker of the House of Representatives, who shall serve ex officio; a county director of the Department of Social Services, appointed by the Director of the Department of Social Services; an adoptive parent or interested citizen, appointed by the Governor; an adoption administrator of the Department of Social Services, appointed by the Director of the Department of Social Services; an attorney in private practice, appointed by the Governor on the recommendation of the President of the South Carolina Bar Association; a family court judge, appointed by the Chief Justice of the South Carolina Supreme Court; an attorney with the Department of Social Services, appointed by the Director of the Department of Social Services; the Director of the Foster Care Review Board; a member of a local foster care review board, appointed by the Governor; the Director of the South Carolina Guardian ad Litem Program; the Director of the Richland County Guardian ad Litem Program; and a representative of a private adoption agency, appointed by the Governor.
     The committee's review shall include, but is not limited to, what effect a voluntary relinquishment of parental rights should have on a parent's duty to pay child support before the adoption is finalized and in whose custody is a child whose parents' voluntary relinquishment of parental rights was obtained by a private attorney.  The committee's review shall further include, but is not limited to, issues concerning the necessity of a putative father registry and problems relating to adoption subsidies, parental consent requirements, relinquishment of parental rights issues, licensing of persons facilitating adoptions, providing adequate notice of hearings to foster parents regarding their foster child and providing them with an opportunity to address the court, and the length of time required for foster parents to complete an adoption.
     The members of the committee may not receive compensation but are entitled to receive mileage, per diem, and subsistence, from approved accounts of the House of Representatives and the Senate, as provided by law for members of state boards, committees, and commissions.
     The committee must be staffed by personnel as provided and assigned by the President Pro Tempore of the Senate, by the Speaker of the House of Representatives, and by the Governor.
     The committee shall submit a report containing its findings and recommendations to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives before January 1, 2003 each year.  Upon submission of the report the committee is abolished.
     72.83.      (GP: Accommodations Tax)  For Fiscal Year 2002-2003 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.
     72.84.      (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.
     72.85.      (GP: School Choice Programs)  The State Department of Education is directed to conduct a study of the feasibility of using funding provided by the U.S. Department of Education's Magnet Schools Assistance Program to strengthen school choice programs in South Carolina and report back to the General Assembly by December 1, 2002.
     72.86.      (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.
     72.87.      (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 purchase recycled steel unless the item cannot be acquired competitively at a reasonable price.
     72.88.      (GP: Children's Study Committee) There is created a study committee to review, assess, and evaluate the current system of care for children.  The Committee is composed of the following members: two members appointed by the President Pro Tempore of the Senate, two members appointed by the Speaker of the House, and three members appointed by the Governor, one of whom must be a family member of a disabled child or consumer of disability services.  The Governor shall designate one of his appointees to serve as Chairperson of the Committee.  Committee members shall serve without pay.
     The committee shall (1) review and assess all laws of the state that bear upon the current delivery system; (2) identify any systemic problems and gaps in the delivery of services to children resulting from the statutory organization of services; (3) compare the systems of care and services for children of other states to that of South Carolina; and (4) determine the standards of best practices which are available for children's care and services in South Carolina.
     The Committee must make specific recommendations to the Governor and General Assembly pertaining to any reorganization of children services, changes in statutes and policies, and reallocation of funding which would provide better coordination of services, promote greater efficiency and cost effectiveness in service delivery, maximize the utilization of federal and other sources of funding, and eliminate duplication of services.  A report of the committee's recommendations shall be submitted to the Governor, Senate Finance and the Ways and Means Committee by January 15, 2003.
     Professional and clerical staff for the committee must be provided jointly by the staffs of the Governor's Office, Senate, and House of Representatives.  In addition, staffs of the following state agencies are to provide support staff or any other assistance deemed necessary by the Committee to carry out its duties and responsibilities: Continuum of Care, the Departments of Social Services, Disabilities and Special Needs, Mental Health, Education and Juvenile Justice.
     72.89.      (GP: Restore Barnwell Funding)  It is the intent of the General Assembly, that beginning in Fiscal Year 2003-04 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.
     72.90.      (GP: Best Management Practices)  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.
     72.91.      (GP: Day Care Center Fees)  No state agency may utilize appropriated funds to operate a child care center.  Any agency operated child care centers must be supported entirely by fees, tuitions, or private donations.
     Nothing in this proviso is intended to prevent Institutions of Higher Education as defined in Section 59-103-5 from using their child care centers as laboratories for training undergraduate students, graduate students, or child care providers or as a research site for child development research.
     72.92.      (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.
     72.93.      (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, 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.
     72.94.      (GP: Satellite TV License Tax)  DELETED
     72.95.      (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.
     72.96.      (GP: Outdoor Advertising)  Notwithstanding Section 57-25-120(4), for the current fiscal year, a billboard may be erected more than six hundred feet, but less than eight hundred feet, away from the nearest thriving business, upon application for and issuance of a permit from the Department of Transportation.  The application must be accompanied by a permit fee of one hundred fifty dollars, to be allocated to the department first for administrative costs in maintaining the outdoor advertising program, pursuant to Section 57-25-150(B); except that the total number of signs erected is subject to the established limitation of three for each business location on an interstate highway and five signs for each business location on Federal Aid Program roads.
     72.97.      (GP: DMV/County Treasurer's Study)  The Budget and Control Board shall study the method used by county treasurers to communicate with the Division of Motor Vehicles of the Department of Public Safety regarding non-payment of property taxes on a motor vehicle.  The study shall include, but not be limited to, the feasibility of electronic communication between the entities for motor vehicle law enforcement purposes.  A report shall be submitted to the Governor, the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee by January 30, 2004.

SECTION 73 - X91

     73.1.      (Year End Expenditures)  Unless specifically authorized herein, the appropriations provided in Part I of this Act as ordinary expenses of the State Government shall lapse on July 31, 2003 2004.  State agencies are required to submit all current fiscal year input documents to the Comptroller General's Office by July 18, 2003 16, 2004.  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.      (Statewide Funding Requirements)  The sources of general fund revenues appropriated in this provision are as follows:  E16-State Treasurer's Office:  $1,400,000 must be transferred to the general fund from Unclaimed Property Subfund 3879; E16-State Treasurer's Office:  $3,938,054 must be transferred to the general fund from 911 Phone Surcharge Subfund 4955; E16-State Treasurer's Office:  $3,284,872 Excess Debt Service from FY 2002-03 must be carried forward and credited to the general fund in FY 2003-04; E16-State Treasurer's Office:  $5,583,000 must be transferred to the general fund from SC Housing Trust Fund Subfund 4070; R12-State Accident Fund: $10,806,184 must be transferred to the general fund from the State Accident Fund Subfund 4033; and E12-Comptroller General's Office: $2,400,000 must be transferred to the general fund from Unemployment Compensation Insurance Subfund 4007.  Recognizing the fiscal difficulties facing South Carolina for the current budget year, the General Assembly intends to exercise its authority to redirect an amount of funds equivalent to the interest accrued or accruing on the herein named restricted accounts held by agencies of state government.  Notwithstanding any other provisions of law, the State Treasurer shall transfer funds to the general fund from the following accounts:  E16-State Treasurer's Office:  $617 from Subfund 4066 Disaster Trust Fund; E16-State Treasurer's Office:  $166,786 from Subfund 4070 SC Housing Trust Fund; E16-State Treasurer's Office:  $3,032 from Subfund 4612 Asbestos Expense Trust; E16-State Treasurer's Office:  $2,423,565 from Subfund 4693 Atmc Wste Brl Fd-Chm Nclr; E16-State Treasurer's Office:  $4,987 from Subfund 4731 General Ser Ds-Gen Fund; E16-State Treasurer's Office:  $1,086 from Subfund 4732 General Ser Ds-Ins Res Fund; E16-State Treasurer's Office:  $1,780 from Subfund 4895 Confiscated Cash; E16-State Treasurer's Office:  $352,638 from Subfund 4955  911 Phone Surcharge; E16-State Treasurer's Office:  $297,341 from Subfund 43A8 Barnwell Economic Dev Fd; E23-Commission on Indigent Defense:  $47,374 from Subfund 4313 Indigent Def Services Fund; F03-Budget and Control Board:  $451 from Subfund 4153 Funded Debt-Sinking Fund; F03-Budget and Control Board:  $12,142 from Subfund 4154 Ordinary Sinking Fund; F03-Budget and Control Board:  $4,883 from Subfund 4190 Fed Surplus Property Fd; F03-Budget and Control Board:  $33,306 from Subfund 4202 State Life & Ltd; F03-Budget and Control Board:  $295,431 from Subfund 4343 SC Infrastructure Loan Fund; F03-Budget and Control Board:  $3,960 from Subfund 4821 PVE-First Stage Restitution; J02-Dept. of Health & Human Services:  $35,176 from Subfund 4176 Nursing Home Sanctions; J02-Dept. of Health & Human Services:  $108,574 from Subfund 4508 Sr Cit Ctrs Perm Imp Fund; J04-Dept. of Health & Environmental Control:  $193,983 from Subfund 4545 Waste Tire Grant Trust Fund; J04-Dept. of Health & Environmental Control:  $84,335 from Subfund 4546 Petroleum Fund; J04-Dept. of Health & Environmental Control:  $458,305 from Subfund 4641 Haz Waste-Permitted Site Fd; J04-Dept. of Health & Environmental Control:  $50,602 from Subfund 4865 Solid Waste Mgmt Trust Fund; J04-Dept. of Health & Environmental Control:  $76,208 from Subfund 4906 Superb Fin Responsibility; J04-Dept. of Health & Environmental Control:  $9,210 from Subfund 4971 Infectious Waste Contingency Fd; J04-Dept. of Health & Environmental Control:  $468,008 from Subfund 4984 SUPERB Account; J20-Dept. of Alcohol & Other Drug Abuse Services:  $4,963 from Subfund 4784 Revolving Loan Fund; K05-Dept. of Public Safety:  $23,641 from Subfund 4547 Uninsured Enforcement Fund; P16-Dept. of Agriculture:  $103,269 from Subfund 4308 Whse Receipts Guarantee; P16-Dept. of Agriculture:  $128,420 from Subfund 4358 Grain Producers Guaranty Fund; P24-Dept. of Natural Resources:  $6,781 from Subfund 4189 SC Aquatic Plant Man Tr Fd; P24-Dept. of Natural Resources:  $4,962 from Subfund 4373 Nongame Wildlife & Natural Areas; P24-Dept. of Natural Resources:  $185,843 from Subfund 4395 Mitigation Trust Fund; P24-Dept. of Natural Resources:  $48,338 from Subfund 4520 Heritage Land Trust Fund; P24-Dept. of Natural Resources:  $9,411 from Subfund 4795 Jocassee Gorges Trust Fund; P28-Dept. of Parks, Recreation & Tourism:  $124,859 from Subfund 4126 PRT Development Fund; P28-Dept. of Parks, Recreation & Tourism:  $82,176 from Subfund 4278 Recreation Land Trust; P28-Dept. of Parks, Recreation & Tourism:  $21,612 from Subfund 4279 Gifts & Endowments Trust; P36-Patriots Point Development Authority:  $7,060 from Subfund 4049 Donations-Restricted; P36-Patriots Point Development Authority:  $83,667 from Subfund 4133 Admissions Revenue; R12-State Accident Fund:  $779,526 from Subfund 4033 Workers' Comp Fund-Trust; R12-State Accident Fund:  $3,200 from Subfund 4168 Escrow Funds; R36-Dept. of Labor, Licensing, & Regulation:  $3,967 from Subfund 4592 Auctioneer Recovery Fund; Y08-Public Railways Commission:  $64,046 from Subfund 4813  E Cooper & Berkeley RR; and Y08-Public Railways Commission:  $13,046 from Subfund 4816 Capital Improvement.  In order to provide maximum flexibility to maintain critical programs, for these transfers identified above to the general fund, an agency may, in lieu of the specific accounts 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.  The above listed funds are transferred to the General Fund of the State, and by this provision, these transfers are deemed to have occurred and, notwithstanding any other provision of law, these general fund revenues are available for appropriation as provided in this paragraph.  Any restrictions concerning specific utilization of these funds are lifted for the specified fiscal year.  Amounts transferred pursuant to this paragraph represent funds equivalent to the interest accrued or accruing only on state fund balances in earmarked and restricted accounts and if it is determined that any portion of the amount transferred is attributable to federal dollars that amount must be made up from the state fund earmarked and restricted fund balance.  From the amount recouped from state agencies and transferred to the general fund pursuant to this proviso, there is appropriated for the fiscal year beginning July 1, 2003 and ending June 30, 2004, the following sums for the stated purposes:  H03-Commission on Higher Education: Leadership Center Annualization $50,000; H03-Commission on Higher Education: GEAR-UP Annualization $600,000; H03-Commission on Higher Education: Performance Improvement Pool Allocation $284,151; H03 - Commission on Higher Education:  Higher Education Awareness Program (HEAP) $402,250; H03 - Commission on Higher Education:  SREB $341,456; H03 - Commission on Higher Education:  Lottery Scholarship Administration $500,000; H12-Clemson University: Center for Research of Wireless Communication $500,000; H27-University of South Carolina: Materials Research Science & Engineering Center (Nano-Technology) $1,000,000; J02-Dept. of Health and Human Services: Other Medicaid Issues $12,798,233; L04-Department of Social Services:  Operating Expenses for Child and Adult Services $4,000,000; N12-Department of Juvenile Justice: Assault Prevention $1,183,041; E12-Comptroller General: GASB #34 Compliance $602,546; J02-Department of Health and Human Services: Medicaid $7,089,302; J12-Department of Mental Health: Crisis Stabilization $2,000,000; X12-Aid to Subdivisions-Comptroller General: $410,698 distributed as follows: Aid Cnty-Clerks of Court $6,567; Aid Cnty-Probate Judges $6,567; Aid Cnty-Sheriffs $6,567; Aid Cnty-Register of Deeds, $2,425; Aid Cnty-Auditors $194,286; and Aid Cnty-Treasurers $194,286; F03-Budget and Control Board: Operating Expenses $400,000; and P24-Department of Natural Resources: Operating Expenses $300,000; H03-Commission on Higher Education: Palmetto Fellows Scholarships $200,000.  The State Treasurer shall take custody of unclaimed property, reported before November 1, 2003 for the year ending June 30, 2003, as payable or distributable in the course of a demutualization of an insurance company, and deposit into the general fund all monies received as abandoned property.  Unclaimed property payable or distributable in the course of a demutualization of an insurance company is presumed abandoned five years after the earlier of the date:  (1) of last contact with the policyholder; or (2) the property became payable or distributable.  The first five million dollars realized from such demutualization of funds is appropriated in the following manner for the purposes stated:  Y14-State Ports Authority:  $500,000 for Dredging; N12-Department of Juvenile Justice:  $500,000 for Operating Expenses; and P28-Department of Parks, Recreation, and Tourism:  $4,000,000 for Operating Expenses.  Any amount realized from demutualization above the first five million dollars shall be appropriated in the following manner for the purposes stated:  E28-Election Commission:  $700,000 for HAVA Federal Match; F03-Budget and Control Board:  $2,000,000 for Operating Expenses; and L04-Department of Social Services:  $2,300,000 for Operating Expenses for Child and Adult Services.  Any additional revenues realized from demutualization shall be used to fund the State Employee Health Plan.  The appropriations in this provision are contingent and therefore all items are to be funded on a pro-rata basis should revenue fall below the anticipated amount.  Unexpended funds appropriated pursuant to this part may be carried forward to succeeding fiscal years and expended for the same purposes.  No appropriation in this provision may be paid before the later of September 1, 2003, or the date the Comptroller General closes the state's books on Fiscal Year 2002-03.  Appropriations in this provision resulting from demutualization shall be paid as soon as practicable after November 1, 2003.  Contingent upon the approval of the Tobacco Settlement Revenue Management Authority and parties to the trust agreement, the State Treasurer's Office shall transfer an amount equal to $6,767,866 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 for Medicaid.
     73.3.      (Law Enforcement Funding)  (A) In addition to all other assessments and surcharges required to be imposed by law, during Fiscal Year 2003-04, 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 cited by issuance of a uniform traffic ticket.  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 shall allocate and transfer forty percent of these funds quarterly to the circuit solicitors in the manner hereinafter provided, twenty percent to the Department of Juvenile Justice for the Coastal Evaluation Center and for Assault Prevention, sixteen percent to the State Law Enforcement Division for its general purposes, sixteen percent to the Department of Corrections for its general purposes, four percent to the Attorney General's Office for its general purposes, and four percent to the Judicial Department for its general purposes.  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 any purpose necessary for the operation of the solicitors' offices.  (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 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.

     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 2003-2004.
     Except as otherwise specifically provided, this act takes effect immediately upon its approval by the Governor.

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