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, except that the department may transfer funds that are deducted and retained from a school district's transportation allocation to reimburse the department for the cost of unauthorized mileage.  This transfer must be agreed upon by both the school district and the department.  Those funds may be transferred into the department's school bus transportation operating account.
     1.2.      (SDE: DHEC - Comprehensive Health Assessment)  All school districts shall participate, to the fullest extent possible, in the Medicaid program by seeking appropriate reimbursement for services and administration of health and social services.  Reimbursements to the school districts shall not be used to supplant funds currently being spent on health and social services.
     1.3.      (SDE: EFA Formula/Base Student Cost Inflation Factor)  To the extent possible within available funds, it is the intent of the General Assembly to provide for 100 percent of full implementation of the Education Finance Act to include an inflation factor projected by the Division of Budget and Analyses to match inflation wages of public school employees in the Southeast.  The base student cost for the current fiscal year has been determined to be $2,367 $2,476.  In Fiscal Year 2006-07 2007-08, the total pupil count is projected to be 677,092 683,601.  The average per pupil funding is projected to be $4,357 $4,571 state, $1,086 $1,066 federal, and $5,333 $4,929 local.  This is an average total funding level of $10,776 $10,566 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Abbeville School District total pupil count is projected to be 3,503.  The per pupil funding is projected to be $5,666 state, $1,080 federal, and $2,970 local.  This is a total projected funding level of $9,716 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Aiken School District total pupil count is projected to be 24,460.  The per pupil funding is projected to be $4,437 state, $985 federal, and $3,116 local.  This is a total projected funding level of $8,538 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Allendale School District total pupil count is projected to be 1,578.  The per pupil funding is projected to be $10,359 state, $1,902 federal, and $4,275 local.  This is a total projected funding level of $16,536 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Anderson School District 1 total pupil count is projected to be 8,742.  The per pupil funding is projected to be $4,117 state, $641 federal, and $3,685 local.  This is a total projected funding level of $8,443 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Anderson School District 2 total pupil count is projected to be 3,671.  The per pupil funding is projected to be $4,914 state, $1,327 federal, and $4,250 local.  This is a total projected funding level of $10,491 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Anderson School District 3 total pupil count is projected to be 2,572.  The per pupil funding is projected to be $4,927 state, $974 federal, and $3,170 local.  This is a total projected funding level of $9,071 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Anderson School District 4 total pupil count is projected to be 2,786.  The per pupil funding is projected to be $4,285 state, $962 federal, and $6,661 local.  This is a total projected funding level of $11,909 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Anderson School District 5 total pupil count is projected to be 11,942.  The per pupil funding is projected to be $4,509 state, $999 federal, and $4,497 local.  This is a total projected funding level of $9,716 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Bamberg School District 1 total pupil count is projected to be 1,593.  The per pupil funding is projected to be $5,266 state, $1,650 federal, and $2,663 local.  This is a total projected funding level of $9,579 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Bamberg School District 2 total pupil count is projected to be 905.  The per pupil funding is projected to be $7,849 state, $2,959 federal, and $4,889 local.  This is a total projected funding level of $15,697 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Barnwell School District 19 total pupil count is projected to be 856.  The per pupil funding is projected to be $6,007 state, $1,986 federal, and $3,346 local.  This is a total projected funding level of $11,339 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Barnwell School District 29 total pupil count is projected to be 961.  The per pupil funding is projected to be $5,320 state, $1,456 federal, and $2,838 local.  This is a total projected funding level of $9,614 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Barnwell School District 45 total pupil count is projected to be 2,571.  The per pupil funding is projected to be $5,500 state, $1,081 federal, and $2,111 local.  This is a total projected funding level of $8,692 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Beaufort School District total pupil count is projected to be 18,522.  The per pupil funding is projected to be $2,656 state, $1,167 federal, and $9,188 local.  This is a total projected funding level of $13,011 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Berkeley School District total pupil count is projected to be 27,481.  The per pupil funding is projected to be $4,388 state, $1,067 federal, and $4,975 local.  This is a total projected funding level of $10,430 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Calhoun School District total pupil count is projected to be 1,667.  The per pupil funding is projected to be $5,871 state, $1,693 federal, and $5,451 local.  This is a total projected funding level of $13,015 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Charleston School District total pupil count is projected to be 41,013.  The per pupil funding is projected to be $3,549 state, $1,456 federal, and $9,660 local.  This is a total projected funding level of $14,665 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Cherokee School District total pupil count is projected to be 8,956.  The per pupil funding is projected to be $4,663 state, $982 federal, and $4,292 local.  This is a total projected funding level of $9,938 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Chester School District total pupil count is projected to be 5,812.  The per pupil funding is projected to be $5,123 state, $1,134 federal, and $3,858 local.  This is a total projected funding level of $10,115 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Chesterfield School District total pupil count is projected to be 7,860.  The per pupil funding is projected to be $4,837 state, $1,101 federal, and $2,912 local.  This is a total projected funding level of $8,849 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Clarendon School District 1 total pupil count is projected to be 965.  The per pupil funding is projected to be $7,146 state, $2,829 federal, and $3,658 local.  This is a total projected funding level of $13,633 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Clarendon School District 2 total pupil count is projected to be 3,160.  The per pupil funding is projected to be $4,744 state, $1,670 federal, and $2,616 local.  This is a total projected funding level of $9,030 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Clarendon School District 3 total pupil count is projected to be 1,261.  The per pupil funding is projected to be $4,924 state, $1,116 federal, and $2,548 local.  This is a total projected funding level of $8,588 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Colleton School District total pupil count is projected to be 6,211.  The per pupil funding is projected to be $4,542 state, $1,586 federal, and $2,492 local.  This is a total projected funding level of $8,620 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Darlington School District total pupil count is projected to be 11,060.  The per pupil funding is projected to be $5,014 state, $1,289 federal, and $4,010 local.  This is a total projected funding level of $10,313 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Dillon School District 1 total pupil count is projected to be 812.  The per pupil funding is projected to be $5,214 state, $3,090 federal, and $1,649 local.  This is a total projected funding level of $9,952 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Dillon School District 2 total pupil count is projected to be 3,477.  The per pupil funding is projected to be $4,772 state, $1,575 federal, and $1,543 local.  This is a total projected funding level of $7,889 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Dillon School District 3 total pupil count is projected to be 1,551.  The per pupil funding is projected to be $4,482 state, $1,286 federal, and $1,788 local.  This is a total projected funding level of $7,556 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Dorchester School District 2 total pupil count is projected to be 19,868.  The per pupil funding is projected to be $4,331 state, $581 federal, and $3,515 local.  This is a total projected funding level of $8,427 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Dorchester School District 4 total pupil count is projected to be 2,187.  The per pupil funding is projected to be $5,801 state, $1,504 federal, and $6,440 local.  This is a total projected funding level of $13,744 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Edgefield School District total pupil count is projected to be 4,002.  The per pupil funding is projected to be $4,960 state, $1,018 federal, and $3,167 local.  This is a total projected funding level of $9,144 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Fairfield School District total pupil count is projected to be 3,283.  The per pupil funding is projected to be $6,310 state, $1,482 federal, and $6,562 local.  This is a total projected funding level of $14,354 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Florence School District 1 total pupil count is projected to be 15,023.  The per pupil funding is projected to be $4,201 state, $995 federal, and $4,163 local.  This is a total projected funding level of $9,360 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Florence School District 2 total pupil count is projected to be 1,179.  The per pupil funding is projected to be $4,934 state, $1,368 federal, and $2,656 local.  This is a total projected funding level of $8,959 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Florence School District 3 total pupil count is projected to be 3,637.  The per pupil funding is projected to be $5,213 state, $2,189 federal, and $2,405 local.  This is a total projected funding level of $9,807 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Florence School District 4 total pupil count is projected to be 992.  The per pupil funding is projected to be $7,085 state, $1,591 federal, and $3,210 local.  This is a total projected funding level of $11,886 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Florence School District 5 total pupil count is projected to be 1,432.  The per pupil funding is projected to be $5,509 state, $1,114 federal, and $4,366 local.  This is a total projected funding level of $10,989 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Georgetown School District total pupil count is projected to be 9,867.  The per pupil funding is projected to be $4,064 state, $1,253 federal, and $5,124 local.  This is a total projected funding level of $10,441 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Greenville School District total pupil count is projected to be 66,539.  The per pupil funding is projected to be $4,198 state, $927 federal, and $5,832 local.  This is a total projected funding level of $10,957 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Greenwood School District 50 total pupil count is projected to be 9,150.  The per pupil funding is projected to be $4,596 state, $966 federal, and $4,559 local.  This is a total projected funding level of $10,121 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Greenwood School District 51 total pupil count is projected to be 1,109.  The per pupil funding is projected to be $5,610 state, $1,038 federal, and $3,531 local.  This is a total projected funding level of $10,179 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Greenwood School District 52 total pupil count is projected to be 1,635.  The per pupil funding is projected to be $3,017 state, $624 federal, and $5,826 local.  This is a total projected funding level of $9,466 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Hampton School District 1 total pupil count is projected to be 2,642.  The per pupil funding is projected to be $5,209 state, $1,328 federal, and $2,796 local.  This is a total projected funding level of $9,332 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Hampton School District 2 total pupil count is projected to be 1,275.  The per pupil funding is projected to be $6,623 state, $2,169 federal, and $3,052 local.  This is a total projected funding level of $11,844 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Horry School District total pupil count is projected to be 34,966.  The per pupil funding is projected to be $3,655 state, $844 federal, and $5,480 local.  This is a total projected funding level of $9,979 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Jasper School District total pupil count is projected to be 3,027.  The per pupil funding is projected to be $5,178 state, $1,895 federal, and $3,706 local.  This is a total projected funding level of $10,780 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Kershaw School District total pupil count is projected to be 10,235.  The per pupil funding is projected to be $5,063 state, $891 federal, and $3,074 local.  This is a total projected funding level of $9,028 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Lancaster School District total pupil count is projected to be 11,217.  The per pupil funding is projected to be $4,572 state, $1,121 federal, and $3,351 local.  This is a total projected funding level of $9,044 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Laurens School District 55 total pupil count is projected to be 5,665.  The per pupil funding is projected to be $5,017 state, $1,170 federal, and $3,250 local.  This is a total projected funding level of $9,436 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Laurens School District 56 total pupil count is projected to be 3,142.  The per pupil funding is projected to be $5,316 state, $1,463 federal, and $2,833 local.  This is a total projected funding level of $9,611 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Lee School District total pupil count is projected to be 2,569.  The per pupil funding is projected to be $5,997 state, $2,075 federal, and $118 local.  This is a total projected funding level of $8,191 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Lexington School District 1 total pupil count is projected to be 19,791.  The per pupil funding is projected to be $5,084 state, $638 federal, and $4,935 local.  This is a total projected funding level of $10,657 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Lexington School District 2 total pupil count is projected to be 8,704.  The per pupil funding is projected to be $5,108 state, $587 federal, and $3,472 local.  This is a total projected funding level of $9,167 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Lexington School District 3 total pupil count is projected to be 2,080.  The per pupil funding is projected to be $5,517 state, $1,271 federal, and $4,738 local.  This is a total projected funding level of $11,526 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Lexington School District 4 total pupil count is projected to be 3,449.  The per pupil funding is projected to be $5,456 state, $1,281 federal, and $3,224 local.  This is a total projected funding level of $9,960 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Lexington School District 5 total pupil count is projected to be 16,628.  The per pupil funding is projected to be $5,083 state, $822 federal, and $5,125 local.  This is a total projected funding level of $11,031 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Marion School District 1 total pupil count is projected to be 2,919.  The per pupil funding is projected to be $4,984 state, $2,521 federal, and $2,206 local.  This is a total projected funding level of $9,711 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Marion School District 2 total pupil count is projected to be 1,967.  The per pupil funding is projected to be $4,860 state, $1,725 federal, and $2,051 local.  This is a total projected funding level of $8,636 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Marion School District 7 total pupil count is projected to be 800.  The per pupil funding is projected to be $7,340 state, $3,939 federal, and $2,403 local.  This is a total projected funding level of $13,682 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Marlboro School District total pupil count is projected to be 4,693.  The per pupil funding is projected to be $5,254 state, $1,601 federal, and $2,736 local.  This is a total projected funding level of $9,591 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the McCormick School District total pupil count is projected to be 893.  The per pupil funding is projected to be $5,137 state, $2,306 federal, and $7,021 local.  This is a total projected funding level of $14,464 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Newberry School District total pupil count is projected to be 5,777.  The per pupil funding is projected to be $5,165 state, $1,201 federal, and $4,134 local.  This is a total projected funding level of $10,499 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Oconee School District total pupil count is projected to be 10,437.  The per pupil funding is projected to be $4,454 state, $950 federal, and $5,749 local.  This is a total projected funding level of $11,154 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Orangeburg School District 3 total pupil count is projected to be 3,182.  The per pupil funding is projected to be $5,495 state, $1,613 federal, and $5,275 local.  This is a total projected funding level of $12,382 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Orangeburg School District 4 total pupil count is projected to be 4,079.  The per pupil funding is projected to be $4,730 state, $1,144 federal, and $4,630 local.  This is a total projected funding level of $10,504 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Orangeburg School District 5 total pupil count is projected to be 6,775.  The per pupil funding is projected to be $5,976 state, $1,418 federal, and $4,945 local.  This is a total projected funding level of $12,339 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Pickens School District total pupil count is projected to be 16,225.  The per pupil funding is projected to be $4,530 state, $779 federal, and $3,076 local.  This is a total projected funding level of $8,384 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Richland School District 1 total pupil count is projected to be 23,839.  The per pupil funding is projected to be $5,290 state, $1,388 federal, and $8,322 local.  This is a total projected funding level of $15,001 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Richland School District 2 total pupil count is projected to be 22,055.  The per pupil funding is projected to be $4,483 state, $677 federal, and $5,349 local.  This is a total projected funding level of $10,509 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Saluda School District total pupil count is projected to be 2,137.  The per pupil funding is projected to be $4,914 state, $1,169 federal, and $3,415 local.  This is a total projected funding level of $9,498 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Spartanburg School District 1 total pupil count is projected to be 4,767.  The per pupil funding is projected to be $4,834 state, $747 federal, and $3,825 local.  This is a total projected funding level of $9,405 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Spartanburg School District 2 total pupil count is projected to be 9,274.  The per pupil funding is projected to be $4,351 state, $587 federal, and $2,903 local.  This is a total projected funding level of $7,840 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Spartanburg School District 3 total pupil count is projected to be 3,016.  The per pupil funding is projected to be $4,767 state, $961 federal, and $4,740 local.  This is a total projected funding level of $10,468 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Spartanburg School District 4 total pupil count is projected to be 2,878.  The per pupil funding is projected to be $4,636 state, $708 federal, and $3,113 local.  This is a total projected funding level of $8,457 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Spartanburg School District 5 total pupil count is projected to be 6,841.  The per pupil funding is projected to be $4,196 state, $793 federal, and $5,482 local.  This is a total projected funding level of $10,471 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Spartanburg School District 6 total pupil count is projected to be 9,734.  The per pupil funding is projected to be $4,409 state, $716 federal, and $4,239 local.  This is a total projected funding level of $9,364 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Spartanburg School District 7 total pupil count is projected to be 7,454.  The per pupil funding is projected to be $6,418 state, $1,431 federal, and $6,048 local.  This is a total projected funding level of $13,896 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Sumter School District 2 total pupil count is projected to be 8,727.  The per pupil funding is projected to be $4,721 state, $1,421 federal, and $2,727 local.  This is a total projected funding level of $8,870 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Sumter School District 17 total pupil count is projected to be 8,667.  The per pupil funding is projected to be $4,737 state, $1,383 federal, and $2,737 local.  This is a total projected funding level of $8,858 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Union School District total pupil count is projected to be 4,644.  The per pupil funding is projected to be $5,494 state, $1,285 federal, and $2,258 local.  This is a total projected funding level of $9,037 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the Williamsburg School District total pupil count is projected to be 5,373.  The per pupil funding is projected to be $5,046 state, $1,751 federal, and $2,121 local.  This is a total projected funding level of $8,918 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the York School District 1 total pupil count is projected to be 4,984.  The per pupil funding is projected to be $5,012 state, $926 federal, and $3,541 local.  This is a total projected funding level of $9,479 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the York School District 2 total pupil count is projected to be 5,691.  The per pupil funding is projected to be $3,699 state, $537 federal, and $7,824 local.  This is a total projected funding level of $12,060 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the York School District 3 total pupil count is projected to be 16,724.  The per pupil funding is projected to be $4,941 state, $761 federal, and $4,465 local.  This is a total projected funding level of $10,167 excluding revenues of local bond issues.
     In Fiscal Year 2007-08, the York School District 4 total pupil count is projected to be 7,804.  The per pupil funding is projected to be $4,309 state, $445 federal, and $6,447 local.  This is a total projected funding level of $11,201 excluding revenues of local bond issues.
     Any unallocated Education Finance Act funds at the end of the current fiscal year must be allocated to the school districts for school building aid on a nonmatching basis on the same basis that districts receive Education Finance Act allocations and/or for Summer School.
     1.4.      (SDE: EFA - Formula)  The amount appropriated in Part IA, Section 1 for "Education Finance Act" shall be the maximum paid under the provisions of Act 163 of 1977 (the South Carolina Education Finance Act of 1977) to the aggregate of all recipients.  The South Carolina Education Department shall develop formulas to determine the state and required local funding as stipulated in the South Carolina Education Finance Act of 1977.  Such formulas shall require the approval of the State Board of Education and the Budget and Control Board.  After computing the EFA allocations for all districts, the department shall determine whether any districts' minimum required local revenue exceeds the districts' total EFA Foundation Program.  When such instance is found, the department shall adjust the index of taxpaying ability to reflect a local effort equal to the cost of the districts' EFA Foundation Program.  The districts' weighted pupil units are to be included in determination of the funds needed for implementation of the Education Finance Act statewide.
     In the event that the formulas as devised by the Department of Education and approved by the State Board of Education and the Budget and Control Board should provide for distribution to the various school districts totaling more than the amount appropriated for such purposes, subject to the provisions of this proviso, the Department of Education shall reduce each school district entitlement by an equal amount per weighted pupil so as to bring the total disbursements into conformity with the total funds appropriated for this purpose.  If a reduction is required in the state's contribution, the required local funding shall be reduced by the proportionate share of local funds per weighted pupil unit.  The Department of Education shall continually monitor the distribution of funds under the provisions of the Education Finance Act and shall make periodic adjustments to disbursements to insure that the aggregate of such disbursements do not exceed the appropriated funds.
     Notwithstanding any other provision of law, local districts shall not be mandated or required to inflate the base number in their respective salary schedules by any percentage greater than the percentage by which the appropriated base student cost exceeds the appropriated base student cost of the prior fiscal year.
     1.5.      (SDE: Employer Contributions/Allocations)  It is the intent of the General Assembly that the appropriation contained herein for "Public School Employee Benefits" shall not be utilized to provide employer contributions for any portion of a school district employee's salary which is federally funded.
     State funds allocated for school district employer contributions must be allocated by the formula and must be used first by each district to cover the cost of fringe benefits for personnel required by the Defined Program, food service personnel and other personnel required by law.  Once a district has expended all state allocated funds for fringe benefits, the district may utilize food service revenues to fund a proportionate share of fringe benefits costs for food service personnel.
     The Department of Juvenile Justice and the Department of Corrections' school districts must be allocated funds under the fringe benefits program in accordance with criteria established for all school districts.
     1.6.      (SDE: Employer Contributions/Obligations)  In order to finalize each school district's allocations of Employer Contributions funds for retiree insurance from the prior fiscal year, the Department of Education is authorized to adjust a school district's allocation in the current fiscal year accordingly to reflect actual payroll and payments to the Retirement System from the prior fiscal year.  In the event the Department of Education is notified that an educational subdivision has failed to remit proper payments to cover Employee Fringe Benefit obligations, the Department of Education is directed to withhold the educational subdivision's state funds until such obligations are met.
     1.7.      (SDE: Governor's School for Science & Math)  Any unexpended balance on June 30 of the prior fiscal year of funds appropriated to or generated by the Governor's School for Science and Mathematics may be carried forward and expended in the current fiscal year pursuant to the direction of the board of trustees of the school.
     1.8.      (SDE: Educational Responsibility/Foster Care)  Notwithstanding any other provision of law, the responsibility for providing a free and appropriate public education program for all children including disabled students is vested in the public school district wherein a child of lawful school age resides in a foster home, group home, orphanage, or a state operated health care facility including a facility for treatment of mental illness or chemical dependence and habilitation centers for mentally retarded persons or persons with related conditions located within the jurisdiction of the school district.  The districts concerned may agree upon acceptable local cost reimbursement.  If no agreement is reached, districts providing education shall receive from the district where the child last resided before placement in a facility an additional amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act.  If a child from out of state is residing in a facility owned and/or operated by a for profit entity, the district providing educational services shall be reimbursed by the for profit entity the local district's local support per weighted pupil above the statewide average base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act.  This also applies to John de la Howe School who also has the authority to seek reimbursement in any situation that the school district has participation in the placement of the student.  John de la Howe school shall be reimbursed the local district's local support per weighted pupil above the statewide average base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act.  Participation will be evidenced by a written agreement from the IEP team or 504 team, written referral, or the school district initiating the placement process.  School districts providing the education shall notify the nonresident district in writing within 45 calendar days that a student from the nonresident district is receiving education services pursuant to the provisions of the proviso.  The notice shall also contain the student's name, date of birth, and disabling condition if available.  If appropriate financial arrangements cannot be effected between institutions of the state, including independent school districts under the authority of the Department of Disabilities and Special Needs, and school districts, institutions receiving educational appropriations shall pay the local base student cost multiplied by the appropriate pupil weighting.  Children residing in institutions of state agencies shall be educated with nondisabled children in the public school districts if appropriate to their educational needs.  Such institutions shall determine, on an individual basis, which children residing in the institution might be eligible to receive appropriate educational services in a public school setting.  Once these children are identified, the institution shall convene an IEP meeting with officials of the public school district in which the institution is located.  If it is determined by the committee that the least restrictive environment in which to implement the child's IEP is a public school setting, then the school district in which the institution is located must provide the educational services.  However, that school district may enter into contractual agreements with any other school district having schools located within a 45 mile radius of the institution.  The cost for educating such children shall be allocated in the following manner:  the school district where the child last resided before being placed in an institution shall pay to the school district providing the educational services an amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act; the school district providing the educational services shall be able to count the child for all funding sources, both state and federal.  The institution and school district, through contractual agreements, will address the special education and related services to be provided to students.  Should the school district wherein the institution is located determine that the child cannot be appropriately served in a public school setting, then the institution may request a due process hearing pursuant to the procedures provided for in the Individuals with Disabilities Education Act.
     The agreed upon acceptable local cost reimbursement or the additional amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting set forth in Section 59-20-40, for instructional services provided to out-of-district students, shall be paid within 60 days of billing, provided the billing district has provided a copy of the invoice to both the Superintendent and the finance office of the district being invoiced.  Should the district not pay within 60 days, the billing district can seek relief from the Department of Education.  The department shall withhold EFA funding equal to the billing from the district refusing to pay and submit the funding (equal to the invoice) to the billing school district.
     The agency placing a child in any situation that requires changing school districts, must work with the schools to assure that all required school records, including confidential records, are transferred from the sending to the receiving school within three working days.  School records to be transferred should include grade transcripts, state birth certificate, certificate of immunization, social security card, attendance records, discipline records, IEP's, psychological reports (or notation in the school records that a psychological report on the child is available at the school district office) and any other records necessary for the appropriate placement of the child in the new school.  School districts must release all records upon presentation of a court order or appropriate permission for confidential release.  If evaluation or placement is pending, the receiving school district is responsible to secure information and to complete the placement.  The receiving school will maintain appropriate confidentiality of all records received on a child.
     1.9.      (SDE: Disabled/Preschool Children)  The state funding for free appropriate public education provided for the three and four-year-old disabled children served under Act 86 of 1993, shall be distributed based on the district's index of taxpaying ability as defined in Section 59-20-20(3).  Five-year-old disabled children shall continue to be funded under the Education Finance Act of 1977.
     1.10.      (SDE: Instruction in Juvenile Detention Centers)  It shall be the responsibility of the school district where a local juvenile detention center is located to provide adequate teaching staff and to ensure compliance with the educational requirements of this State.  Students housed in local detention centers are to be included in the average daily membership count of students for that district and reimbursement by the Department of Education made accordingly.
     1.11.      (SDE: Revenue Authorization)  The State Department of Education is hereby authorized to collect, expend, and carry forward revenues in the following areas to offset the cost of providing such services:  the sale of publications, manuals and forms, the sale of Apple Tags, royalties, contributions, donations, foundation funds, special grants and contracts, brochures, photo copies, listings and labels, Directory of South Carolina Schools, student health record cards, items to be recycled, and high school diplomas and certificates; the collection of out-of-state and in-state investigation fees, registration fees for non-SDE employees, recurring facility inspection fees, teacher certification fees; the handling of audio-visual film; the provision of contract computer services to school districts and other state agencies, joint broadcast service to school districts, and education-related statistics through agreement with the National Center for Education Statistics; the lease or sale of programs of television, audio or microcomputer software; the collection of damage fees for instructional materials and the sale of unusable instructional materials; sale of fuel; use and repair of transportation equipment; fees for Medicaid reimbursable transportation; the receipt of insurance and warranty payments on Department of Education equipment and the sale of used school buses and support equipment.  The Department of Education is authorized to collect revenue for deposit into the State General Fund for testing material purchases and test rescoring fees.  The Department of Education is authorized to expend revenue collected for lost and damaged instructional materials and the sale of unusable instructional materials for the purpose of contracting for the purchase and maintenance of a statewide textbook inventory management system, provided that schools' newly-adopted instructional materials needs are met first.
     1.12.      (SDE: School District Bank Accounts)  Notwithstanding any other provisions of law, each school district in this State, upon the approval of the district's governing body, may maintain its own bank account for the purpose of making disbursement of school district funds as necessary to conduct school district business and each county treasurer is hereby authorized to transfer such amount as needed, upon receipt of a written order certified by the district governing body or their designee.  Such order shall contain a statement that such amount is for immediate disbursement for the payment of correct and legal obligation of the school district.
     1.13.      (SDE: School Lunch Program Aid)  The amount appropriated herein for School Lunch Program Aid shall be divided among the District and/or County Boards of Education of the State upon the basis of the number of schools participating in the School Lunch Program in each district during the prior school year.  The travel expenses of the District and/or County School Lunch Supervisor shall be paid from this appropriation at the prevailing rate of mileage allowed by the State.  These funds may be used as an aid in improving the School Lunch Program.  These funds may not be used to supplement the salaries of school lunch supervisors.  In the absence of a County Board of Education in multi-district counties, the funds will be divided among the school districts of the county on the basis of the number of schools participating in the School Lunch Program in each district during the prior school year.
     1.14.      (SDE: Teachers/Temporary Certificates)  Of the funds provided for teacher salaries funds may be used to pay salaries for those teachers holding temporary certificates which shall remain valid for the current school year if the local board of education so requests.  The State Department of Education shall submit to the General Assembly by March 1 of the current fiscal year a report showing by district the number of temporary certificates by category; including an enumeration of the certificates carried forward from the previous year.  No temporary certificate shall be continued more than twice.
     1.15.      (SDE: Travel/Outside of Continental U.S.)  School District allocations from General Funds and EIA funds shall not be used for travel outside of the continental United States.  The International Baccalaureate Program shall be exempt from this restriction.
     1.16.      (SDE: Year End Closeout)  The State Department of Education is authorized to expend federal and earmarked funds (not including state or EIA funds) in the current fiscal year for expenditures incurred in the prior year; however, state funds appropriated in Part IA, Section 1, XIII, Aid to School Districts, for the Children's Case Resolution System or private placements for services provided to children with disabilities may be used for those expenditures in prior fiscal years.  The department is also authorized to use appropriated funds to pay for textbooks shipped in the fourth quarter of the prior fiscal year.
     1.17.      (SDE: Transportation Collaboration)  The Department of Education School Bus Maintenance Shops shall be permitted, on a cost reimbursable-plus basis, to deliver transportation maintenance and services to vehicles owned or operated by public agencies in South Carolina.
     School buses operated by school districts, other governmental agencies or head start agencies for the purpose of transporting students for school or school related activities shall not be subject to state motor fuel taxes.  Further, that school districts, other governmental agencies or head start agencies may purchase this fuel, on a cost reimbursable-plus basis, from the Department of Education School Bus Maintenance Shops.
     1.18.      (SDE: Assisting, Developing, and Evaluating Professional Teaching--ADEPT)  Funds appropriated in Part IA, Section 1, XIII.A-Aid to School Districts-Aid to Subdivision-APT/ADEPT, may be used for the implementation of the ADEPT system.  Of the funds appropriated, ten percent is to be used to pay colleges and universities for ADEPT services.  The remaining funds will be distributed to school districts, School for the Deaf and the Blind, John de la Howe School, Governor's School for Arts and Humanities and the Department of Juvenile Justice on a per induction contract teacher basis to offset the costs of implementing the ADEPT program.  Governing boards of public institutions of higher education may provide by policy or regulation for a tuition waiver for the tuition for one three-hour course at that institution for those public school teachers who serve as supervisors for full-time students completing education degree requirements.  Of the funds appropriated in the prior fiscal year, unexpended funds may be carried forward to the current fiscal year and expended for the same purposes.
     1.19.      (SDE: Summer Exit Exam Cost)  Funds appropriated in Part IA, Section 1, III may be used to offset the costs of the summer administration of the Exit Examination.  These funds may be expended to cover the costs related to developing, printing, shipping, scoring, and reporting the results of the assessments.  Local school districts may absorb local costs related to administration.
     1.20.      (SDE: Defined Program Personnel Requirements)  Administrative positions requiring State Board of Education teacher or administrator certification, may only be filled by individuals receiving a W-2 (or other form should the Internal Revenue Service change the individual reporting form to another method) from the hiring school district.  Any public school district or special school that hires a corporation, partnership, or any other entity other than an individual to fill such positions will have its EFA and or EIA allocation reduced by the amount paid to that corporation, partnership, or other entity.  Compliance with this requirement will be made part of the single audit process of local public school districts as monitored by the State Department of Education.  Temporary instructional positions for special education, art, music, critical shortage fields as defined by the State Board of Education, as well as temporary positions for grant writing and testing are excluded from this requirement.
     1.21.      (SDE: Mathematics and Science Unit of the Office of Curriculum and Standards)  Of the funds appropriated to the Department of Education, $75,000 must be provided to the Charleston Science and Mathematics Center for curriculum development at the South Carolina Aquarium.
     1.22.      (SDE: School Bus Insurance)  The Department of Education shall maintain comprehensive and collision insurance or self-insure state-owned buses.  In no event shall the department charge local school districts for damages to the buses which are commonly covered by insurance.
     1.23.      (SDE: Teacher Data Collection)  Of the non-program funds appropriated to the Department of Education, the department and the Commission on Higher Education shall share data about the teaching profession in South Carolina.  The data sharing should ensure (1) a systematic report on teacher supply and demand information and (2) data to determine classes being taught by public school teachers out of field of their preparation.  The data collection should include but not be limited to:  classes/subjects taught, number of students taught, percentage of teacher education graduates from South Carolina colleges/universities who go into teaching, percentage of teacher education graduates who teach in public schools in South Carolina, percentage of new teachers who leave the South Carolina teaching profession in the first three years of public school teaching due to unsuccessful evaluations, percentage of new teachers who leave the profession in the first three years of public school teaching in South Carolina who have successful evaluations, turnover rate of teachers and certification areas with highest vacancies.  All database items should be set up so that it can be disaggregated by ethnicity, gender, geographic location, etc.
     1.24.      (SDE: Adult Education/Literacy)  The General Assembly must appropriate for adult education an amount equal to $175 per pupil.  The per pupil amount shall be adjusted annually by the same percentage as the inflation factor used to adjust the base student cost of the Education Finance Act.  The number of pupils shall be determined by counting the number of persons sixteen years or older who attended a minimum of twelve hours in an approved adult education program in the prior fiscal year.  Funds may decrease with a decrease in enrollment; however, overall levels of State funding must meet the federal requirement of State maintenance of effort.
     From the funds appropriated for adult education, $150,000 must be used to provide for pilot projects for rural literacy development.  In addition, each county shall receive $50,000 for use by the school districts for adult literacy for service delivery to adult-nonreaders and those reading at or below the eighth grade level.  The North Family Community School shall receive $2,000 of the funds allocated to Orangeburg County for adult literacy.  The school districts may provide this service or may contract to have this service provided.  In multi-district counties, the districts must agree on the method of service delivery for the entire county and select one district to serve as the fiscal agent.
     1.25.      (SDE: Teacher Technology Proficiency)  To ensure the effective and efficient use of the funding provided by the General Assembly in Part IA, Section 1 XI.E.2 for school technology in the classroom and internet access, the State Department of Education shall approve teacher technology competency standards and local school districts must require teachers to demonstrate proficiency in these standards as part of each teacher's Professional Development plan.  Evidence that districts are meeting the requirement is a prerequisite to expenditure of a district's technology funds.
     1.26.      (SDE: School Building Aid Allocation)  Funds appropriated for School Building Aid shall be transferred to a special trust fund established by the Comptroller General.  Funds appropriated shall be distributed to the school districts of the State for use in accordance with Section 59-21-350 of the Code of Laws of 1976.  Funds shall be allocated to eligible school districts on a per pupil basis.  The allocation must be based on the 135 day count of average daily membership for the second preceding fiscal year.
     1.27.      (SDE: School Building Aid Funds Expenditure)  Funds appropriated in Part IA in this act or in a previous Appropriation Act for school building aid may be expended by the school district without approval from the State Board of Education.  The Department of Education shall require that school districts include in their annual audit a verification of compliance with all applicable State laws associated with the use of these funds.
     1.28.      (SDE: School Building Aid)  Of the funds appropriated in Part IA for School Building Aid, $500,000 shall be allocated on a K-12 per pupil basis to Multi-District Area Vocational Schools.
     1.29.      (SDE: PSAT/PLAN Reimbursement)  Funds appropriated for assessment shall be used to pay for the administration of the PSAT or PLAN test to tenth grade students to include the testing fee and report fee.  SDE is authorized to carry forward into the current fiscal year, prior year state assessment funds for the purpose of paying for state assessment activities not completed by the end of the fiscal year including the scoring of the spring PACT assessment.
     1.30.      (SDE: Basic Skill Exam)  Any person seeking candidacy in a an undergraduate teacher education program is required to take and pass the Basic Skill Examination pursuant to Sections 59-26-20 and 59-26-40.  Any person who fails to achieve a passing score on all sections shall be allowed to retake the test or a portion thereof.  All sections of the Basic Skill Examination must be passed before any person is formally admitted into any undergraduate teacher preparation program in South Carolina.  However, any person having attained 1100 1650 or better on the SAT or a comparable ACT score shall be exempt from this requirement.
     1.31.      (SDE: School Bus Driver CDL)  From funds provided in Part IA, Section 1, IX.B., local school districts shall request a criminal record history from the South Carolina Law Enforcement Division for past conviction of any crime before the initial employment of a school bus driver or school bus aide.  The Department of Education and the school districts shall be treated as a charitable organization for purposes of the fee charged for the criminal records search.
     1.32.      (SDE: Parent and Guardian Responsibility)  To protect the unwarranted expenditure of funds provided in Part IA, Section 1, IX.B., the parents or guardians of a child being transported on a school bus are responsible for the safety and conduct of the child prior to the arrival of the school bus at the child's designated school bus stop for pick up and transport to school, and after the school bus drops off the child and departs the child's designated school bus stop when transporting the children from school.  The state's responsibility includes the arrival or departure of the school bus, which is defined as the time that the school bus assigned to the school bus stop activates the required pedestrian safety devices, stops and loads or unloads students, and until the school bus deactivates all pedestrian safety devices.
     1.33.      (SDE: SAT Preparation)  From the funds appropriated for SAT Preparation, the State Department of Education shall institute a plan reviewing, on an individual basis, weaknesses of students on actual PSAT administrations, and providing assistance.  To accomplish this, the Department shall use reports that analyze student weaknesses and provide guidance to local schools on the effective use of the reports.
     1.34.      (SDE: School Bus Purchase)  Any procurement of school buses with funds appropriated in this act or any other appropriation bill must meet specifications developed by the School Bus Specification Committee as established by the State Superintendent of Education.  The School Bus Specifications Committee shall allow for input from all school bus chassis and body manufacturers.  However, if it is safe, more economical, and in the public interest, the department may use the school bus specifications of Georgia or North Carolina in the procurement of school buses.
     1.35.      (SDE: Buses, Parts, and/or Fuel)  Funds appropriated for other operating in program IX.B. - Bus Shops may be used to purchase buses, fuel, parts, or other school bus related items.  Any funds appropriated or authorized for the purchase of school buses may not be transferred or used for any other purpose, except that up to $1,500,000 may be used to purchase school bus service vehicles.  Funds appropriated or authorized for school bus fuel in this act or any appropriation act supplemental thereto in excess of what is necessary to operate the bus fleet must be used for the purchase of school buses.  However, in the event of an emergency fuel situation, the department may seek approval from the Budget and Control Board and the board is authorized to grant such approval, for the expenditure of any non-program appropriated funds for fuel expenditures.
     1.36.      (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.
     1.37.      (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, purchasing new kits from the central textbook depository, or a combination of refurbishment and purchase.  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.
     1.38.      (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.
     1.39.      (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.
     1.40.      (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.
     1.41.      (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.
     1.42.      (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.
     1.43.      (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.
     1.44.      (SDE: Alternative Certification/Displaced Employees)  The Department of Education is directed to give priority in the Program for Alternative Certification for Educators (PACE) to the recruitment of qualified state employees impacted by reduction in force actions of agencies.  The Student Loan Corporation is directed to give priority in the Career-Changer Loan program to qualified state employees.  The Department of Education shall provide information to the Office of Human Resources and the personnel offices of state agencies instituting a reduction in force to advertise and inform employees of this program and state agencies shall work with the department in this effort.
     1.45.      (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.
     1.46.      (SDE: School Districts and Special Schools Flexibility)  All school districts and special schools of this State may transfer up to one hundred percent of funds between programs to any instructional program provided the funds are utilized for direct classroom instruction.
     The South Carolina Department of Education must establish a procedure for the review of all transfers authorized by this provision.  The details of such transfers must be provided to members of the General Assembly upon request.  School districts and special schools may carry forward unexpended funds from the prior fiscal year into the current fiscal year to be used for the same purpose.  All transfers executed pursuant to this provision must be completed by May first of the current fiscal year.  All school districts and special schools of this State may expend funds received from the Children's Education Endowment Fund for school facilities and fixed equipment assistance, for any instructional program.  The Education Oversight Committee shall review the utilization of the flexibility provision to determine how it enhances or detracts from the achievement of the goals of the educational accountability system, including the ways in which school districts and the state organize for maximum benefit to classroom instruction, priorities among existing programs and services, and the impact on short, as well as, long-term objectives.  The State Department of Education shall provide the reports on the transfers to the Education Oversight Committee for the comprehensive review.  This review shall be provided to the members of the General Assembly annually.  Any grant or technical assistance funds allocated directly to an individual school may not be reduced or reallocated within the school district and must be expended by the receiving school only according to the guidelines governing the funds.
     1.47.      (SDE: Medical Examination and Security Reimbursement)  From funds authorized in Part IA, Section 1, IX.B. Other Operating Expenses, the Department of Education may reimburse employees for the cost of a medical examination as required in Part 391, Subpart E of the Federal Motor Carrier Safety Regulations, for employees that are required to operate a state vehicle transporting hazardous materials.  Reimbursement may also be provided to employees that are required to undergo a national security background check because of the required Hazmat endorsement to their CDL.
     1.48.      (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.
     1.49.      (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 pursuant to the discretion of the Board of Trustees of the School.
     1.50.      (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.
     1.51.      (SDE: National Board Certification Incentive)  Public school classroom teachers or classroom teachers who work with classroom teachers who are certified by the State Board of Education and who have been certified by the National Board for Professional Teaching Standards shall be paid a $7,500 salary supplement in the year of achieving certification.  Teachers employed at the special schools shall be eligible for this $7,500 salary supplement.  The special schools include the Governor's School for Science and Math, Governor's School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice and Palmetto Unified School District 1.  The $7,500 salary supplement shall be added to the annual pay of the teacher for the length of the national certificate.  However, the $7,500 supplement shall be adjusted on a pro rata basis for the teacher's FTE and paid to the teacher in accordance with the district's payroll procedure.  The Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) shall develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching Standards for certification may receive a loan equal to the amount of the application fee.  One-half of the loan principal amount and interest shall be forgiven when the required portfolio is submitted to the national board.  Teachers attaining certification within three years of receiving the loan will have the full loan principal amount and interest forgiven.  Teachers who previously submitted a portfolio to the National Board for Professional Teaching Standards for certification under previous appropriation acts, shall receive reimbursement of their certification fee as prescribed under the provisions of the previous appropriation act.  Of the funds appropriated in Part IA, Section 1, XIII.A. for National Board Certification, the State Department of Education shall transfer to the Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) the funds necessary for the administration of the loan program.  In addition, teachers who are certified by the National Board for Professional Teaching Standards shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for national board certification.  National board certified teachers moving to this State who hold a valid standard certificate from their sending state are exempted from initial certification requirements and are eligible for a professional teaching certificate and continuing contract status.  Their recertification cycle will be consistent with national board certification.
     Provided, further, that in calculating the compensation for teacher specialists, the State Department of Education shall include state and local compensation as defined in Section 59-18-1530 to include local supplements except local supplements for National Board certification.  Teacher specialists remain eligible for state supplement for National Board certification.
     Teachers who begin the application process after July 1, 2007 and who teach in schools which have an absolute rating of below average or unsatisfactory shall be eligible for full forgiveness of all assessment fees upon submission of all required materials for certification, regardless of whether certification is obtained.  The forgiveness of all assessment fees will be at the rate of 33% for each year of full time teaching in the schools which have an absolute rating of below average or unsatisfactory.
     1.52.      (SDE: National Board Certification Incentive Surplus)  National Board Certification Incentive appropriation excess of all obligations to include the national board certification incentive salary supplement, related fringe, loan principal amount and interest forgiven, and the administration funds necessary for the Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) and the Department of Education shall be distributed to school districts and allocated based on the Education Finance Act Formula.
     1.53.      (SDE: School District Furlough)   If state funds appropriated for a school district in this State are less than state funds appropriated for that school district in the preceding fiscal year, or if the General Assembly or the Budget and Control Board implements a midyear across-the-board budget reduction, school districts may institute employee furlough programs for district-level and school-level professional staff classified as instructional-related personnel by the State Department of Education.  No instructional personnel nor support staff as classified by the State Department of Education may be furloughed.  Before any of these employees may be furloughed, the chairman of the governing body of the school district must certify that all fund flexibility provided by the General Assembly has been utilized by the district and that the furlough is necessary to avoid a year-end deficit and a reduction in force.  The certification must include a detailed report by the superintendent of the specific action taken by the district to avoid a year-end deficit.  The certification and report must be in writing and delivered to the State Superintendent of Education and a copy must be forwarded to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee.
     The local school district board of trustees may implement a furlough of these instructional-related professional staff personnel once certification to the State Superintendent documents all funding flexibility has been exhausted and continued year-end deficits exist.  Local school boards of trustees shall have the authority to authorize furloughs of these employees in the manner in which it sees fit.  However, they may not be furloughed for a period exceeding ten days.  The local school district board of trustees shall provide for furlough days only on non-instructional days.
     During any furlough, affected employees shall be entitled to participate in the same benefits as otherwise available to them except for receiving their salaries.  As to those benefits that require employer and employee contributions, including, but not limited to, contributions to the South Carolina Retirement System or the optional retirement program, the district will be responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions.  Placement of an employee on furlough under this provision does not constitute a grievance or appeal under any employee grievance procedure.  The district may allocate the employee's reduction in pay over the balance of the fiscal year for payroll purposes regardless of the pay period within which the furlough occurs.
     This proviso shall not abrogate the terms of any contract between any school district and its employees.
     1.54.      (SDE: Base Student Cost Funding)  Notwithstanding any other provision of law, the funding for particular items and areas in the Department of Education's base budget that have been reduced or eliminated and provisos that directed funding for specific items that have been deleted, shall be redirected to the Base Student Cost.
     1.55.      (SDE: School Lunch/Attendance Supervisors)  For those counties in which an entity other than the school district administers the school lunch supervisor and/or attendance supervisor programs, the school districts in that county shall transfer to the entity the amount available in the previous fiscal year for administration of the school lunch supervisor and/or attendance supervisor programs.  Each district shall transfer a pro-rata share of the total cost based upon the percentage of state EFA funds distributed to the districts within the county.
     1.56.      (SDE: Replacement Facilities)  The Department of Education is directed to proceed with the development of a joint-use school transportation maintenance and operations facility in Greenville County.  Prior to the availability of this new facility the department shall continue to operate state school bus maintenance services from the existing Greenville School Bus Maintenance Facility located on Halton Road.  All proceeds from the sale of the Halton Road Facility and Property shall become pupil transportation operating revenue of the department.  The cost of the State share of the new joint-use facility, the cost of preparing the old Halton Road Facility and Property for disposal, interim relocation/construction financing, all associated relocation expenses, and all other related costs shall be funded from the proceeds received from the sale of the existing Halton Road Facility and Property.  The State Treasurer shall make available all necessary interim financing to accomplish the proviso directives.
     1.57.      (SDE: SCGSAH Certified Teacher Designation)  Because of the unique nature of the South Carolina Governor's School for the Arts and Humanities, the Charleston School of the Arts, and the Greenville County Fine Arts Center, the schools are authorized to employ at its discretion non-certified classroom teachers teaching in the literary, visual and performing arts subject areas who are otherwise considered to be appropriately qualified in a ratio of up to one hundred percent of the entire teacher staff.
     1.58.      (SDE: Educational Items)  In order that resources more closely follow the student, it is the intent to offer spending flexibility to local school districts as has been provided in the prior fiscal year.
     1.59.      (SDE: No Discrimination Requirement)  State funds must not be appropriated to a school that discriminates against or participates with or is a member of an association with policies that discriminate or afford different treatment of students based on race or national origin.
     1.60.      (SDE: Prohibit Implementation of ECERS Program)  The Department of Education is prohibited from utilizing any appropriated or authorized funds to implement the Early Childhood Environment Rating Scores Program.  This prohibition does not apply to the Office of First Steps.
     In addition, school districts are prohibited from using revenue from any source, including state, federal, and local funds, to implement the Early Childhood Environment Rating Scores Program.
     1.61.      (SDE: High School Reading Initiative)  The funds appropriated for the High School Reading Initiative are to be used to expand the South Carolina Reading Initiative to the high school level by providing research based targeted assistance in improving and accelerating the reading ability of high school students reading below grade level.
     1.62.      (SDE: Carry Forward Authority)  Funds appropriated to the Department of Education, excluding any direct aid to school districts, subdivisions, and other entities; or agencies and special items, not expended during the prior fiscal year may be carried forward and expended during the current fiscal year for fuel.
     1.63.      (SDE: Medicaid Cash Match Accounting)  The department is granted authority to transfer funds between budget lines and object codes to identify, reconcile, reimburse, and remit funds required for Medicaid cash match to the Department of Health and Human Services.
     1.64.      (SDE: Student Report Card-GPA)  For each high school student, school districts shall be required to print the student's individual cumulative grade point average for grades nine through twelve on the student's report card.
     1.65.      (SDE: Governor's School Reporting)  The Governor's School for the Arts and Humanities and the Governor's School for Science and Mathematics are required to submit reports as to how the non-recurring funding appropriated in this act is expended.  The report must be submitted to the Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee by the end of the fiscal year.
     1.66.      (SDE: Child Development Education Pilot Program SDE and First Steps: 4-Year Old Kindergarten)  There is created the South Carolina Child Development Education Pilot Program.  This program shall be available for the 2006-2007 and 2007-2008 school year on a voluntary basis and shall focus on the developmental and learning support that children must have in order to be ready for school and must incorporate parenting education.
     (A)      Beginning with the 2006-07 school year and continuing through the 2007-2008 school year, with funds appropriated by the General Assembly, the South Carolina Child Development Education Pilot Program shall first be made available to eligible children from the following eight trial districts in Abbeville County School District et. al. vs. South Carolina:  Allendale, Dillon 2, Florence 4, Hampton 2, Jasper, Lee, Marion 7, and Orangeburg 3.  With any remaining funds available, the pilot shall be expanded to the remaining plaintiff school districts in Abbeville County School District et. al. vs. South Carolina.  Priority shall be given to implementing the program in the plaintiff districts having proportionally the largest population of underserved at-risk four-year-old children.  While participating in the pilot program, Education Improvement Act funding from the four-year-old early childhood program as authorized pursuant to Section 59-139-70 of the 1976 Code may only be used to fund teacher salary supplements and fringe benefits as required by Section 59-20-50.  During the implementation of the pilot program, no funds appropriated by the General Assembly for this purpose shall be used to fund services to at-risk four-year-old children residing outside of the trial or plaintiff districts.
     The Education Oversight Committee shall conduct an evaluation of the pilot program and shall issue a report to the General Assembly by January 1, 2008.  The report shall include a comparative evaluation of children served in the pilot program and children not served in the pilot program.  Additionally, based on the evaluation of the pilot program, the Education Oversight Committee shall include recommendations for the creation of and an implementation plan for phasing in the delivery of services to all at-risk four-year-old children in the state.
     Unexpended funds from the prior fiscal year for this program shall be carried forward and used by the First Steps to Readiness Board of Trustees to provide services to children zero to three years of age in the districts outlined in section (A).
     (B)      Each child residing in the pilot districts, who will have attained the age of four years on or before September 1, of the school year, and meets the at-risk criteria is eligible for enrollment in the South Carolina Child Development Education Pilot Program for one year.
     The parent of each eligible child may enroll the child in one of the following programs:
           (1)      a school-year four-year-old kindergarten program delivered by an approved public provider; or
           (2)      a school-year four-year-old kindergarten program delivered by an approved private provider.
     The parent enrolling a child must complete and submit an application to the approved provider of choice.  The application must be submitted on forms and must be accompanied by a copy of the child's birth certificate, immunization documentation, and an appropriate free and reduced lunch application form or statement of Medicaid eligibility.
     In submitting an application for enrollment, the parent agrees to comply with provider attendance policies during the school year.  This shall consist of 6.5 hours of instructional time daily and 180 days per year.  Pursuant to program guidelines, noncompliance with attendance policies may result in removal from the program.
     No parent is required to pay tuition or fees solely for the purpose of enrolling in or attending the program established under this provision.  Nothing in this provision prohibits charging fees for childcare that may be provided outside the times of the instructional day provided in these programs.
     (C)      Public school providers choosing to participate in the South Carolina Four-Year-Old Child Development Kindergarten Program must submit an application to the Department of Education.  Private providers choosing to participate in the South Carolina Four-Year-Old Child Development Kindergarten Program must submit an application to the Office of First Steps.  The application must be submitted on the forms prescribed, contain assurances that the provider meets all program criteria set forth in this provision, and will comply with all reporting and assessment requirements.
     Providers shall:
           (1)      comply with all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services;
           (2)      comply with all state and local health and safety laws and codes;
           (3)      comply with all state laws that apply regarding criminal background checks for employees and exclude from employment any individual not permitted by state law to work with children;
           (4)      be accountable for meeting the education needs of the child and report regularly to the parent on his progress;
           (5)      comply with all program, reporting, and assessment criteria required of providers;
           (6)      maintain individual student records for each child enrolled in the program to include, but not be limited to, assessment data, health data, records of teacher observations, and records of parent and teacher conferences;
           (7)      designate whether extended day services will be offered to the parents of children participating in the program; and
           (8)      be approved, registered, or licensed by the Department of Social Services.
     Providers may limit student enrollment based upon space available.  However if enrollment exceeds available space, providers shall enroll children with first priority given to children with the lowest scores on an approved pre-kindergarten readiness assessment.  Private providers shall not be required to expand their programs to accommodate all children desiring enrollment.
     (D)      The Department of Education and the Office of First Steps to School Readiness, in consultation with the Education Oversight Committee shall:
           (1)      develop the provider application form;
           (2)      develop the child enrollment application form;
           (3)      develop a list of approved curricula for use in the program based upon the South Carolina Content Standards;
           (4)      develop a list of approve pre-kindergarten readiness assessments to be used in conjunction with the program;
           (5)      establish criteria for awarding new classroom equipping grants;
           (6)      establish criteria for the parenting education program providers must offer; and
           (7)      establish a list of early childhood related fields that may be used in meeting the lead teacher qualifications.
     (E)      Providers of the South Carolina Child Development Education Pilot Program shall offer a complete educational program in accordance with age-appropriate instructional practice and a research based preschool curriculum aligned with school success.  The program must focus on the developmental and learning support children must have in order to be ready for school.  The provider must also incorporate parenting education that promotes the school readiness of preschool children by strengthening parent involvement in the learning process with an emphasis on interactive literacy.
     Providers shall offer high-quality, center-based programs that must include, but shall not be limited to, the following:
           (1)      employ a lead teacher with a two-year degree in early childhood education or related field or be granted a waiver of this requirement from the Department of Education or the Office of First Steps to School Readiness;
           (2)      employ an education assistant with pre-service or in-service training in early childhood education;
           (3)      maintain classrooms with at least 10 four-year-old children, but no more than 20 four-year-old children with an adult to child ratio of 1:10.  With classrooms having a minimum of 10 children, the 1:10 ratio must be a lead teacher to child ratio;
           (4)      offer a full day, center-based program with 6.5 hours of instruction daily for 180 school days;
           (5)      provide an approved research-based preschool curriculum that focuses on critical child development skills, especially early literacy, numeracy, and social/emotional development;
           (6)      engage parents' participation in their child's educational experience that shall include a minimum of two documented conferences per year; and
           (7)      adhere to professional development requirements outlined in this article.
     (F)      Every classroom providing services to four-year-old children established pursuant to this provision must have a lead teacher with at least a two-year degree in early childhood education or related field and who is enrolled and is demonstrating progress toward the completion of a teacher education program within four years.  Every classroom must also have at least one education assistant per classroom who shall have the minimum of a high school diploma or the equivalent, and at least two years of experience working with children under five years old.  The teaching assistant shall have completed the Early Childhood Development Credential (ECD) 101 or enroll and complete this course within twelve months of hire.
     (G)      The General Assembly recognizes there is a strong relationship between the skills and preparation of pre-kindergarten instructors and the educational outcomes of students.  To improve these education outcomes, participating providers shall require all personnel providing instruction and classroom support to students participating in the South Carolina Child Development Education Pilot Program to participate annually in a minimum of 15 hours of professional development to include teaching children from poverty.  Professional development should provide instruction in strategies and techniques to address the age-appropriate progress of pre-kindergarten students in developing emergent literacy skills, including but not limited to, oral communication, knowledge of print and letters, phonemic and phonological awareness, and vocabulary and comprehension development.
     (H)      Both public and private providers shall be eligible for transportation funds for the transportation of children to and from school.  Nothing within this provision prohibits providers from contracting with another entity to provide transportation services provided the entities adhere to the requirements of Section 56-5-195.  Providers shall not be responsible for transporting students attending programs outside the district lines.  Parents choosing program providers located outside of their resident district shall be responsible for transportation.  When transporting four-year-old child development students, providers shall make every effort to transport them with students of similar ages attending the same school.
     (I)      For all private providers approved to offer services pursuant to this provision, the Office of First Steps to School Readiness shall:
           (1)      serve as the fiscal agent;
           (2)      verify student enrollment eligibility in consultation with the Department of Social Services;
           (3)      review and approve eligible providers.  In considering approval of providers, consideration must be given to the provider's availability of permanent space for program service and whether temporary classroom space is necessary to provide services to any children;
           (4)      coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;
           (5)      serve as a clearing house for information and best practices related to four-year-old kindergarten programs;
           (6)      receive, review, and approve new classroom grant applications and make recommendations for approval based on approved criteria;
           (7)      coordinate activities and promote collaboration with other private and public providers in developing and supporting four-year-old kindergarten programs;
           (8)      maintain a database of the children enrolled in the program; and
           (9)      promulgate guidelines as necessary for the implementation of the pilot program.
     (J)      For all public school providers approved to offer services pursuant to this provision, the Department of Education shall:
           (1)      serve as the fiscal agent;
           (2)      verify student enrollment eligibility in consultation with the Department of Social Services;
           (3)      review and approve eligible providers.  In considering approval of providers, consideration must be given t the provider's availability of permanent space for program service and whether temporary classroom space is necessary to provide services to any children;
           (4)      coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;
           (5)      serve as a clearing house for information and best practices related to four-year-old kindergarten programs;
           (6)      receive, review, and approve new classroom grant applications and make recommendations for approval based on approved criteria;
           (7)      coordinate activities and promote collaboration with other private and public providers in developing and supporting four-year-old kindergarten programs;
           (8)      maintain a database of the children enrolled in the program; and
           (9)      promulgate guidelines as necessary for the implementation of the pilot program.
     (K)      The General Assembly shall provide funding for the South Carolina Child Development Education Pilot Program.  For the 2006-07 school year, the funded cost per child shall be $3,077.  Additionally, a reimbursement rate of $185 per child will be appropriated to providers if the provider transports children to and from school.  Providers who are reimbursed are required to retain records as required by their fiscal agent.  For the 2007-08 school year the funded cost per child shall be the same but shall be increased by the same projected rate of inflation as determined by the Division of Research and Statistics of the Budget and Control Board for the Education Finance Act.
     With funds appropriated by the General Assembly, the Department of Education shall approve grants for public providers and the Office of First Steps to School Readiness shall approve grants for private providers, of up to $10,000 per class for the equipping of new classrooms.
     (L)      Pursuant to this provision, the Department of Social Services shall:
           (1)      aid the Department of Education and the Office of First Steps to School Readiness in the verification of student enrollment eligibility;
           (2)      maintain a list of all approved public and private providers; and
           (3)      provide the Department of Education, the Office of First Steps, and the Education Oversight Committee information necessary to carry out the requirements of this provision.
     (M)      The Education Oversight Committee shall conduct a comparative evaluation of the South Carolina Child Development Education Pilot Program and issue their findings in a report to the General Assembly by January 1, 2008.  Based on information, data, and evaluation results, the Education Oversight Committee shall include as part of their report recommendations for the creation and implementation of a statewide four-year-old kindergarten program for at-risk children.  The report shall also include information and recommendations on lead teacher qualifications and options for creating comparable salary schedules for certified teachers employed by private providers.
     To aid in this evaluation, the Education Oversight Committee shall determine the data necessary and both public and private providers are required to submit the necessary data as a condition of continued participation in and funding of the program.  This data shall include developmentally appropriate measures of student progress.  Additionally, the Department of Education shall issue a unique student identifier for each child receiving services from a private provider.  The Department of Education shall be responsible for the collection and maintenance of data on the public state funded full day and half-day four-year-old kindergarten programs.  The Office of First Steps to School Readiness shall be responsible for the collection and maintenance of data on the state funded programs provided through private providers.  The Education Oversight Committee shall use this data and all other collected and maintained data necessary to conduct a research based review of the program's implementation and assessment of student success in the early elementary grades.
For FY 2007-08 state supported public and private full-day four-year old kindergarten educational services are to be provided to children considered to be at-risk of not graduating from high school.  Any child age 4 before September 1, 2007 and living at or below 185% of poverty or qualifying for Medicaid are considered to be at-risk and may apply for attendance at an approved public or private provider of their choice.  Students are to be accepted by approved public and private providers in the following order:
           (1)      continuing 4-K programs approved and funded in FY 2006-07;
           (2)      trial districts in Abbeville County School District et al. vs. South Carolina; and
           (3)      plaintiff districts in Abbeville County School District et al. vs. South Carolina;
Qualified applicants in each priority must be served before applicants in the next priority may be served.
     The local School Board of Trustees must have the approval of the Department of Education prior to establishing a state funded public full-day four-year old kindergarten program.  Private providers must submit an application to the Office of First Steps to School Readiness for approval.  Approval of public and private providers is to be contingent on the provider complying with South Carolina 4-K learning standards, utilization of curriculum supporting the learning standards, approval, registration, or licensing by the Department of Social Services, teacher qualifications, class size, and available class space.  Public and private providers are to utilize one of the three curricula currently approved by the Office of First Steps and the Department of Education.  All providers are to comply with the rules and policies as set forth by either the Department of Education or the Office of First Steps.
     Providers shall offer high-quality, center-based programs that must include at a minimum:
           (1)      employing a lead teacher with a two-year degree in early childhood education or related field and who is demonstrating progress toward the advancement of their early childhood education credentials.
           (2)      employing an education assistant with a high school degree and pre-service or in-service training in early childhood education;
           (3)      maintaining classrooms with at least ten four-year-old children, but no more than twenty four-year-old children with the lead teacher to child ratio of 1:10.  Waivers of the minimum class size requirement may be granted by the Department of Education for public providers or Office of First Steps to School Readiness for private providers on a case-by-case basis;
           (4)      offering full-day center-based instruction daily for one hundred and eighty school days.  The one hundred eighty school day requirement may be waived by the appropriate approving entity if funding is available and applications have been received for qualifying students;
           (5)      requiring teachers and classroom support to participate in 7 1/2 hours per semester or 15 hours annually of appropriate professional development to include teaching children from poverty;
All providers are to comply with the rules, policies and regulations set forth by the Department of Education or the Office of First Steps; and
           (6)      comply with all state and federal laws and requirements specific to program providers.
     The cost reimbursement per child shall be $3,931.  Eligible students enrolling during the school year shall be funded on a pro-rata basis determined by the length of their enrollment.  With funds appropriated, the Department of Education shall approve for public providers and the Office of First Steps to School Readiness shall approve for private providers, grants of up to $10,000 per class for equipping new classrooms.  Funding of up to $2,500 may be provided annually for the procurement of consumables and other materials in established classrooms.
     Public providers are responsible for transporting students attending programs within district lines.  Of the funds appropriated, the Department of Education is to retain $185 per student for transportation.  Parents choosing private providers or providers outside the child's attendance zone are responsible for transportation.  Private providers, however, choosing to transport eligible children to and from school are to be eligible for a reimbursement of $550 per eligible child transported.  Providers who are reimbursed are required to retain records as required by the Office of First Steps.
     The Education Oversight Committee shall collect, evaluate and report annually on the outcomes of the full-day four-year old program.
     1.67.      (SDE: Lost & Damaged Textbook Fees)  Fees for lost and damaged textbooks for the prior school year are due no later than December 1 of the current school year when invoiced by the Department of Education.  The department may withhold textbook funding from schools that have not paid their fees by the payment deadline.
     1.68.      (SDE: Service Vehicle Purchase)  No more than $1,500,000 of non-program funds appropriated/authorized, to include EIA cash balances, to the Department of Education may be used for the purchase of school transportation service vehicles.
     1.69.      (SDE: 0 to 4 Year Old Standards)  The First Steps State Office must convene a task force to develop quality standards for programs serving children ages 0 to 4, excluding the 4K Child Development Education Program.  Membership must include both public and private providers and is to be chaired by the Director of the First Steps State Office.  A report must be issued to members of the General Assembly and the Governor's Office by January 9, 2007.
     1.70.      (SDE: Physical Education Teachers)  A school district's allocation from the funds appropriated in Part IA, Section 1, Program III are to be used to increase the number of physical education teachers to the extent possible.
     1.71.      (SDE: Athletic Event Transportation)  For school year 2006-2007, of the funds appropriated to the Department of Education, $1,000 shall be utilized to ensure that it is the policy of the State of South Carolina that the South Carolina High School League may not impose a waiting period on an entering ninth grade Daniel Island resident Bishop England High School student, if the student is otherwise eligible.
     1.72.      (SDE: Education and Economic Development Act Carry Forward)  Funds provided for the Education and Economic Development Act may be carried forward into the current fiscal year to be expended for the same purposes by the department, school districts, and special schools.
     1.73.      (SDE: High Schools That Work Carry Forward)  Funds provided for High Schools That Work may be carried forward into the current fiscal year to be expended for the same purposes by the department, school districts, and special schools.
     1.74.      (SDE: Middle School Certification Review)  DELETED
     1.75.      (SDE: Career Cluster Industry Partnerships)  From the funds appropriated to the Department of Education, $800,000 must be provided as grants to the private sector statewide trade association or educational foundation providing nationally certified programs in career and technology education representing the automotive, construction, engineering, healthcare, mechanical contracting/construction, and hospitality tourism career clusters.  Organizations applying for a grant must do so by July 1 and the Department of Education must award a minimum of one grant of at least $150,000 in at least four of these specified career clusters to be used exclusively for career and technology education.  The recipient industry organization must conduct end-of-course exams graded by a national industry organization and must include in their grant request how the money will be spent to further industry-specific career technology education; a description and history of their program nationally and within South Carolina; estimates of future employment growth in their industry; and the national scope of their program.  By August 1 of the following year, the organization must submit to the department a report detailing how the grant increased industry/employer awareness; the number of increased schools using the industry-based curriculum and partnered with the industry organization; the increased number of students in the program; and an overview and analysis of the organization's statewide student competition.  The grant must be used for career awareness programs for that industry cluster; statewide student competitions leading to national competitions; teacher development and training; post-secondary scholarships in industry-specific degree programs; student recruitment into that career cluster programs; programs to educate middle and high school Career or Guidance Counselors about the industry; service to disadvantaged youth; and administering business/employer awareness and partnerships which help lead to experience-based, career-oriented experiences including internships, apprenticeships, mentoring, co-op education and service learning.  The Office of Career and Technology Education of the department will develop goals with each career cluster on the number of new schools using the industry-based curriculum and partnered with that career cluster organization.  These funds may not be used to supplant existing funds currently being used for these purposes.  Organizations may carry-over grants for up to three years when a large project is identified in the grant application to be used at a future date; otherwise excess funds must be returned to the state.
     1.76.      (SDE: Education Finance Act Reserve Fund)  (A) There is created in the State Treasury a fund separate and distinct from the General Fund of the State and all other funds entitled the Education Finance Act Reserve Fund.  All unexpended general funds appropriated to the Department of Education for the Education Finance Act in the current fiscal year shall be transferred to the Education Finance Act Reserve Fund.  In the event that the amount appropriated for the Education Finance Act is insufficient to fully fund the base student cost as established by this act, revenues from the Education Finance Act Reserve Fund may be used to supplement the funds appropriated.  The General Assembly may make direct appropriations to this fund.  All unexpended funds in the Education Finance Act Reserve Fund and any interest accrued by the fund must remain in the fund and may be carried forward into the current fiscal year.
     (B)      The Department of Education must notify the State Treasurer in the event that any school district in this State is projected to receive less state EFA Funds than the prior fiscal year.  Upon notification, the Treasurer must disburse to the Department of Education a sufficient amount of reserve funds to compensate for the difference that any district is projected to receive as compared to the prior fiscal year.  The department must use these funds to supplement the school district's monthly disbursement of state EFA Funds so that the district's monthly disbursement is equivalent to the prior fiscal year.
     1.77.      (SDE: Formative Reading Assessment)  Beginning with the 2007-08 school year, for grades one and two, schools will use a State Board approved developmentally appropriate formative reading assessment.  However, districts that are currently using other formative reading assessments because of the districts' participation in grant programs may use those assessments in the schools within their districts in lieu of using the State Board approved assessment.  By August 1, 2007, those districts shall be required to inform the Office of Assessment what equivalent assessment for grades one and two will be used.  To the extent that funds are available, the Department of Education may provide funds for districts to offset the assessment costs for non-grant schools within those districts.
     1.78.      (SDE: Middle College Programs)  In the 2007-08 school year, school districts with students enrolled in a high school of the State and who are participating in a middle college designed program with instruction offered at a State technical college, shall develop a Memorandum of Agreement for the transfer of revenue to support the high school student's instruction at the technical campus.  Absent of any Memorandum of Agreement, school districts shall transfer to the technical college the sum of seventy-five percent of the total EFA base student cost for the EFA high school classification multiplied by the percentage of instructional time, as calculated by school instructional period, that the student attends the technical college.
     1.79.      (SDE: Child Development Education Pilot Program-4 Year Olds)  $4,000,000 of the funds carried forward from the prior fiscal year from the South Carolina Child Development Education Pilot Program are designated for services to zero to three year olds by the Office of First Steps, the remaining funds shall be redirected for use by the Department of Education for services to four year olds participating in the Child Development Education Pilot Program during the current fiscal year.  At the discretion of the First Steps Board of Trustees, funds carried forward by the Office of First Steps may be also be used to match philanthropic gifts targeting low income 0-3 year olds statewide.
     1.80.      (SDE: Physical Education Assessment Program)  For Fiscal Year 2007-2008 the South Carolina Physical Education Assessment program is suspended.  Of the funds appropriated to the Department of Education, the department is directed to collect input from physical education teachers throughout the state and submit a report outlining proposed changes to the program based on the data collected and nationally published research on the assessment of physical education programs by January 1, 2008.
     1.81.      (SDE: GSAH Human Resources Annual Report)  Of the funds appropriated to the Governor's School for the Arts and the Humanities, the school shall provide to the Senate Finance Committee, the House Ways and Means Committee, the Budget and Control Board Office of Human Resources, and the Commission on Human Affairs an annual report detailing the school's human resource statistics for both filled and vacant positions.  The report shall include specifics as to advertising, applicants, and selections as well as the composition of the selection team.  In addition, an annual report of recruiting activities that address the school's Access Plan shall be required.  A comprehensive enrollment report must be furnished annually.
SECTION 1A - H63 - DEPARTMENT OF EDUCATION-EIA

     1A.1.      (SDE-EIA: XI-Prohibition on Appropriation Transfers)  The amounts appropriated herein for aid to subdivisions or allocations to school districts shall not be transferred or reduced and must be expended in accordance with the intent of the appropriation.  However, transfers are authorized from allocations to school districts or special line items with projected year-end excess appropriations above requirements, to allocations to school districts or special line items with projected deficits in appropriations.
     1A.2.      (SDE-EIA: XI.A.1-Advanced Placement)  Of the funds appropriated in Part IA, Section 1, XI.A.1. for Advanced Placement, no more than $500,000 must be made available on a flat rate per class basis to schools offering "singleton" Advanced Placement classes with a student/teacher ratio equal to or less than ten to one.  The State Board of Education shall develop guidelines for the distribution of these "singleton" funds.  The remaining AP funds must be distributed to the school districts of the state based upon the 135 day count of AP students served.  AP funds may be used to defray the testing costs of the International Baccalaureate Program which are incurred by school districts at the same per-test reimbursement rate provided for Advanced Placement examinations.  High schools may receive funding for the allowable costs associated with ninth and tenth grade students taking Advanced Placement courses.  Funds provided for Advanced Placement may be carried forward into the current fiscal year to be expended for the same purpose.
     1A.3.      (SDE-EIA: XI.A-Gifted & Talented)  Notwithstanding the provisions for Section 59-29-170, at least twelve percent (12%) 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.  School districts shall service students identified as artistically gifted and talented by utilizing approved state guidelines in one or more of the following visual and performing arts areas: dance, drama, music and visual arts areas.  Districts may contract 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 state dollars appropriated for gifted and talented programs, not more than $1,000,000 may be used to provide testing and teacher training.  Each district receiving funds for the gifted and talented program shall include an accelerated component as a part of its academically gifted and talented program.  EIA-Gifted and Talented funds may be carried forward and expended for the same purpose in the current fiscal year.
     1A.4.      (SDE-EIA: XI.A.1-Gifted & Talented/Jr. Academy of Science)  Of the funds appropriated in Part IA, Section 1, XI.A.1. Gifted & Talented, $100,000 must be provided to the Junior Academy of Science.  The Department of Education must provide a report on the effectiveness of the academy to the State Board of Education and the Education Oversight Committee by October 1 annually in a format agreed upon by the Education Oversight Committee and the Department of Education.
     1A.5.      (SDE-EIA: XI.A.1 Services for Students with Disabilities)  The money appropriated in Part IA, Section 1, XI.A.1. for Services for Students with Disabilities shall be used only for educational services for trainable mentally disabled pupils and profoundly mentally disabled pupils.
     1A.6.      (SDE-EIA: XI.A.1-Junior Scholars)  The State Board of Education, through the Department of Education, must provide a report on the effectiveness of the Junior Scholars programs as appropriated in Part IA, Section 1, XI.A.1. to the Education Oversight Committee by October 1.  Eligibility for the Junior Scholars program is open to any student who meets the requirements of the program, whether the student attends public school or private school; provided however, any private school student is responsible for paying the cost of the qualifying examination and, at the option of the Department of Education, any other costs associated with the program.
     1A.7.      (SDE-EIA: XI.A.4-Academic Assistance/Carry Forward)  Any unexpended balance from the prior fiscal year in the EIA appropriations in Part IA, Section 1, XI.A.4. for Academic Assistance may be carried forward to the current fiscal year by school districts to be expended to operate programs in accordance with their academic assistance long range plans.
     1A.8.      (SDE-EIA: XI.A.4-Academic Assistance/Curriculum Development)  Funds appropriated in Part IA, Section 1, XI.A.4. for Act 135 of 1993 Other Operating must be used by the Department of Education to provide schools and school districts with technical assistance on curriculum development, including implementing the grade-by-grade academic standards, and instructional improvement in keeping with the intent of Act 135 of 1993 (Sections 59-139-05 and 59-139-10 of the SC Code of Laws) as provided in regulations promulgated by the State Board of Education.  Reports on the use of these funds will be provided to the Senate Education Committee and the House Education and Public Works Committee by September 1, of the current fiscal year, reflecting prior fiscal year expenditures.
     1A.9.      (SDE-EIA: XI.A.4-Academic Assistance/Early Child Development)  A portion of the funds appropriated in Part IA, Section 1, XI.A.4. for Academic Assistance 4-12 may be used to support components for the K-3 academic assistance if such change promotes better coordination of state and federal funds provided for programs for these students.  Districts requesting this waiver from the State Board of Education must demonstrate how the use of these funds is in keeping with their long range plan and how the needs of the students in grades 4-12 will be met.
     1A.10.      (SDE-EIA: XI.A.4-Academic Assistance/Formula Funding & Distribution)  Notwithstanding any other provision of law, the total funding in Part IA, Section 1, XI.A.4. for the 4-12 Academic Assistance component of Act 135 of 1993 shall be based on a derived free and reduced lunch eligibility count for grades 4-12 obtained by applying the state percentage of K-3 students eligible for free and reduced lunch to the 4-12 average daily membership; and funding for individual districts shall be based on two equally weighted factors; the district's derived lunch percentage for grades 4-12 and its four year average for the number of 4-12 students "not meeting" standard on the state's testing programs for the years 1990-1993.
     1A.11.      (SDE-EIA: XI.A-Academic Assistance/Reading Recovery)  Of the EIA funds appropriated herein for the Academic Assistance Act 135, $3,200,000 shall be used for the Reading Recovery programs throughout the State.  Of the funds provided for Reading Recovery, up to $50,000 shall be used for piloting alternative teaching methods for reading.  The State Department of Education shall report to the State Board of Education and the Education Oversight Committee on the allocation and expenditure of these funds by October 1 annually in a format agreed upon by the Education Oversight Committee and the Department of Education.
     1A.12.      (SDE-EIA: XI.A.4-Academic Assistance/Remedial Adult Education)  Of funds appropriated in Part IA, Section 1, XI.A.4. for Academic Assistance an amount not to exceed $1,000,000 must be used for either adult education students failing one or more sections of the HSAP Exit Examination or students preparing for the GED examination at a weight of .114 of the base student cost as defined in the Education Finance Act.
     1A.13.      (SDE-EIA: XI.B - Half Day Program for Four-Year-Olds)  Funds appropriated in Part IA, Section 1, XI.B. for half-day programs for four-year-olds shall be distributed based on the prior year number of students in kindergarten eligible for free and reduce price lunch, however, no district shall receive less than 90 percent of the amount it received in the prior fiscal year.
     1A.14.      (SDE-EIA: XI.A.3. African-American History)  Funds provided for the development of the African-American History curricula may be carried forward into the current fiscal year to be expended for the same purpose.
     1A.15.      (SDE-EIA: XI.C.3-Course Reimbursement/Teachers)  Funds appropriated for EIA-Critical Teacher needs must be used for courses which support instructional techniques and strategies in keeping with the professional development plans.  These funds may be used for courses which support the education of students with disabilities or special needs in the regular classroom.  School districts may require and collect a deposit from teachers enrolling in courses that support the areas identified above.  Upon completion of the course any deposit collected shall be returned to the teacher having made the deposit.
     1A.16.      (SDE-EIA: XI.C.2-Critical Teaching Needs/Roper Mountain)  Of the funds appropriated in Part IA, Section 1, XI.C.2. for Critical Teaching Needs, $250,000 shall be disbursed to the Roper Mountain Science Center for summer workshops for public school science teachers.  Funds disbursed to the Roper Mountain Science Center may be carried forward.
     1A.17.      (SDE-EIA: XI.C.2-Teacher Evaluations, XI.F.2- Implementation/Education Oversight)  The Department of Education shall provide a review of the evaluation results for teachers employed under induction, annual, and continuing contracts to be presented by September 30, annually, to the State Board of Education and the Education Oversight Committee.  The Department of Education is directed to oversee the evaluation of teachers at the School for the Deaf and the Blind, the John de la Howe School and the Department of Juvenile Justice under the ADEPT model.
     1A.18.      (SDE-EIA: XI.C.2.-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 $43,691 $45,179.  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.2. for Teacher Salaries must be used to increase salaries of those teachers eligible pursuant to Section 59-20-50 (b), to include classroom teachers, librarians, guidance counselors, psychologists, social workers, occupational and physical therapists, school nurses, orientation/mobility instructors, and audiologists in the school districts of the state.
     1A.19.      (SDE-EIA: XI.F.2-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.2. for teachers salaries based on the following formula:  Each state agency shall receive such funds as are necessary to adjust the pay of all instructional personnel to the appropriate salary provided by the salary schedules of the school district in which the agency is located.  Instructional personnel may include all positions which would be eligible for EIA supplements in a public school district, and may at the discretion of the state agency, be defined to cover curriculum development specialists, educational testing psychologists, psychological and guidance counselors, and principals.  The twelve-month agricultural teachers located at Clemson University are to be included in this allocation of funds for base salary increases.  The South Carolina Governor's School for the Arts and Humanities and the South Carolina Governor's School for Science and Mathematics are authorized to increase the salaries of instructional personnel by an amount equal to the percentage increase given by the School District in which they are both located.
     The funds appropriated herein in the line item "Alloc. EIA-Teacher/Other Pay" must be distributed to the agencies by the Budget and Control Board.
     1A.20.      (SDE-EIA: XI.A.1-Tech Prep Work-Based Learning)  Of the funds appropriated in Part IA, Section 1, XI.A.1. for the Tech Prep Work-based Learning Program, $75,000 shall be used by the State Department of Education, through the Tech Prep Consortia Regional Education Centers mandated by the Education and Economic Development Act, 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 Regional Education Centers.  Each Career Specialist shall (1) be housed within a consortium as determined by the local Tech Prep/School to Work Consortium the regional centers geographic area, (2) provide career development activities throughout all schools within the consortium region, (3) be under the program supervision of the Office of Career and Technology Education, State Department of Education, and (4) adhere to an accountability and evaluation plan created by the Office of Career and Technology Education, State Department of Education.  The Office of Career and Technology Education, State Department of Education, shall provide a report, in February of the current fiscal year to the Senate Finance Committee and the House Ways and Means Committee on accomplishments of the Career Counseling Specialists.  Of the funds appropriated in the prior fiscal year, unexpended funds may be carried forward to the current fiscal year and expended for the same purposes.
     1A.21.      (SDE-EIA: XI.E.1-Principal Salary Supplements)  Funds appropriated in Part IA, Section 1, XI.E.1. for salary supplements for principals and accompanying employer contributions must be distributed to school districts based on average daily membership (ADM).  Each school district shall distribute the funds as salary supplements in addition to existing compensation equally among principals and assistant principals employed by the district.
     1A.22.      (SDE-EIA: XI.E.2.-Evaluation/EIA Programs)  Of the funds appropriated in Part IA, Section 1, XI.E.2. for EIA Implementation, Other Operating Expenses, $349,124 may only be used by the State Department of Education to support its contracted program evaluations and the conduct of the State Board of Education's annual assessment of EIA-funded education reforms and the related report, pursuant to Section 59-6-12.  Of the remaining funds appropriated in Part IA, Section 1, XI.E.2. for EIA Implementation, Other Operating Expenses shall be used to support the continuation of program and policy evaluations and studies and to support the state's participation in the Middle Grades Project, at no less than $100,000.  Provided further, for the current fiscal year, $100,000 shall be provided to the South Carolina Educational Policy Center for collaborative projects with the Department of Education and the Education Oversight Committee to provide research based information and consultation services on technical issues related to establishing a more thorough accountability system for public schools, school districts, and the K-12 education system.
     1A.23.      (SDE-EIA: XI.F.2-CHE/Teacher Recruitment)  Of the funds appropriated in Part IA, Section 1, X1.F.2. for the Teacher Recruitment Program, the S.C. Commission on Higher Education shall distribute a total of $5,404,014 to the Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) for a state teacher recruitment program, of which $4,200,000 must be used for the Teaching Fellows Program and of which $166,302 must be used for specific programs to recruit minority teachers, and shall distribute $467,000 to S.C. State University to be used only for the operation of a minority teacher recruitment program and therefore shall not be used for the operation of their established general education programs.  Working with districts with an absolute rating of Unsatisfactory or Below Average, CERRA will provide shared initiatives to recruit and retain teachers to schools in these districts.  CERRA will report annually by October 1 to the Education Oversight Committee and the Department of Education on the success of the recruitment and retention efforts in these schools.  The S.C. Commission on Higher Education shall ensure that all funds are used to promote teacher recruitment on a statewide basis, shall ensure the continued coordination of efforts among the three teacher recruitment projects, shall review the use of funds and shall have prior program and budget approval.  The S.C. State University program, in consultation with the Commission on Higher Education, shall extend beyond the geographic area it currently serves.  Annually, the Commission on Higher Education shall evaluate the effectiveness of each of the teacher recruitment projects and shall report its findings and its program and budget recommendations to the House and Senate Education Committees, the State Board of Education and the Education Oversight Committee by October 1 annually, in a format agreed upon by the Education Oversight Committee and the Department of Education.
     1A.24.      (SDE-EIA: XI.F.2-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.2. 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.2. 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.2. 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.2. Other State Agencies and Entities.
     1A.25.      (SDE-EIA: XI.A.1-Arts in Education)  Funds appropriated in Part IA, Section 1, XI.A.1. Arts Curricula shall be used to support arts education curriculum in the visual and performing arts which incorporates strengths from the Arts in Education pilot sites.  These funds shall be distributed under a competitive grants program; however, up to 33% of the total amount of the grant fund shall be made available as "Aid to Other Agencies" to facilitate the funding of professional development arts institutes that have been approved by the State Department of Education for S.C. arts teachers and appropriate classroom teachers.  Arts Curricular Grants funds may be retained and carried forward into the current fiscal year to be expended in accordance with the proposed award.
     1A.26.      (SDE-EIA: XI.B-Parenting/Family Literacy)  Funds appropriated in Part IA, Section 1, X1.B. for the Parenting/Family Literacy Programs and allocated to the school districts for parenting projects in the prior fiscal year may be retained and expended by the school districts for the same purpose during the current fiscal year.  These funds must be allocated only to school districts that provide comprehensive family literacy programs which address intergenerational cycles of poverty through adult education, early childhood education and parenting programs.  Furthermore, any school district that does not provide the evaluation information necessary to determine effective use as required by Section 59-139-10(A)(1) and by regulation is not eligible to receive additional funding until the requested data is provided.  The minimum amount allocated to a district shall be $35,000.  Of the funds appropriated in Part IA, Section 1, XI.B. for the Parenting/Family Literacy $200,000 must be used for the Accelerated Schools Project at the College of Charleston and $100,000 is to be used for the South Carolina Urban Leagues state-wide parental involvement programs.
     1A.27.      (SDE-EIA: XI.B.-Parenting/Family Literacy/Communities- In-Schools)  Notwithstanding any other provision of law, the State Department of Education shall transfer $200,000 from the funds appropriated in Part IA, Section 1, X1.B. Parenting/Family Literacy to Communities-In-Schools.  These funds are to be utilized to provide technical assistance to local communities in establishing Communities-In-Schools programs statewide.  Communities-In-Schools will provide annual reports to the State Department of Education which will include: budget expenditure data, a listing of the communities served and the services provided.
     1A.28.      (SDE-EIA: XI.C.2-National Board Certification Incentive) Public school classroom teachers or classroom teachers who work with classroom teachers who are certified by the State Board of Education and who have been certified by the National Board for Professional Teaching Standards shall be paid a $7,500 salary supplement in the year of achieving certification.  Teachers employed at the special schools shall be eligible for this $7,500 salary supplement.  The special schools include the Governor's School for Science and Math, Governor's School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice and Palmetto Unified School District 1.  The $7,500 salary supplement shall be added to the annual pay of the teacher for the length of the national certificate.  However, the $7,500 supplement shall be adjusted on a pro rata basis for the teacher's FTE and paid to the teacher in accordance with the district's payroll procedure.  The Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) shall develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching Standards for certification may receive a loan equal to the amount of the application fee.  One-half of the loan principal amount and interest shall be forgiven when the required portfolio is submitted to the national board.  Teachers attaining certification within three years of receiving the loan will have the full loan principal amount and interest forgiven.  Teachers who previously submitted a portfolio to the National Board for Professional Teaching Standards for certification under previous appropriation acts, shall receive reimbursement of their certification fee as prescribed under the provisions of the previous appropriation act.  Of the funds appropriated in Part IA, Section 1, XIII.A. for National Board Certification, the State Department of Education shall transfer to the Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) the funds necessary for the administration of the loan program.  In addition, teachers who are certified by the National Board for Professional Teaching Standards shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for national board certification.  National board certified teachers moving to this State who hold a valid standard certificate from their sending state are exempted from initial certification requirements and are eligible for a professional teaching certificate and continuing contract status.  Their recertification cycle will be consistent with national board certification.
     Provided, further, that in calculating the compensation for teacher specialists, the State Department of Education shall include state and local compensation as defined in Section 59-18-1530 to include local supplements except local supplements for National Board certification.  Teacher specialists remain eligible for state supplement for National Board certification.
     Teachers who begin the application process after July 1, 2007 and who teach in schools which have an absolute rating of below average or unsatisfactory shall be eligible for full forgiveness of all assessment fees upon submission of all required materials for certification, regardless of whether certification is obtained.  The forgiveness of all assessment fees will be at the rate of 33% for each year of full time teaching in the schools which have an absolute rating of below average or unsatisfactory.
     1A.29.      (SDE-EIA: XI.C.3-CSO Mathematics and Science Unit)  The funds appropriated in Part IA, Section 1, XI.C.3. shall be used for Mathematics and Science Centers which support improvements in mathematics and science through resources and professional development in instructional techniques and strategies, use of technology in the classroom, leadership, content in subject areas and assessment.  These efforts will be coordinated with programs such as Tech Prep Consortia using applied learning techniques which will improve classroom instruction in mathematics and science.
     1A.30.      (SDE: XI-Defined Program Personnel Requirements)  Administrative positions requiring State Board of Education teacher or administrator certification, may only be filled by individuals receiving a W-2 (or other form should the Internal Revenue Service change the individual reporting form to another method) from the hiring school district.  Any public school district or special school that hires a corporation, partnership, or any other entity other than an individual to fill such positions will have its EFA and or EIA allocation reduced by the amount paid to that corporation, partnership, or other entity.  Compliance with this requirement will be made part of the single audit process of local public school districts as monitored by the State Department of Education.  Temporary instructional positions for special education, art, music, critical shortage fields as defined by the State Board of Education, as well as temporary positions for grant writing and testing are excluded from this requirement.
     1A.31.      (SDE-EIA: XI.A.1-Autism Parent-School Partnership Program)  From funds appropriated for Services For Students with Disabilities, $350,000 shall be provided to the South Carolina Autism Society for the Parent-School Partnership Program.
     1A.32.      (SDE-EIA: XI.C.3-Professional Development on Standards)  These funds shall be used for professional development for certificated instructional and instructional leadership personnel in grades kindergarten through 12 in the academic areas for which SBE standards documents have been approved to better link instruction and lesson plans to the standards and to any state-adopted readiness assessment tests, develop classroom assessments consistent with the standards and PACT-style testing, and analyze PACT results for needed modifications in instructional strategies.  No more than five percent of the funds appropriated for professional development may be retained by the Department of Education for administration of the program; however, with the funds allocated to districts for professional development, districts may choose to purchase professional development services provided by the Department of Education.  Funds may also be expended for certificated instructional and instructional leadership personnel in grades six through twelve to achieve competency in teaching reading to students who score below proficient on the reading assessment of PACT.  Provided further, that $250,000 of the funds allocated to professional development must be provided to the Department of Education to implement successfully the South Carolina Readiness Assessment by creating a validation process for teachers to ensure reliable administration of the assessment, providing professional development on effective utilization and establishing the relationship between the readiness measure and third grade standards-based assessments.  Multi-day work sessions shall be provided around the state during the summer and during the fall and winter using staff development days, teacher workdays, two of the remaining professional development days shall be set aside specifically for the preparation and opening of schools.  District instructional leaders, regional service centers, consortia, department personnel, university faculty, contracted providers, and the resources of ETV may be used as appropriate to implement this intensive professional development initiative.  Teachers participating in this professional development shall receive credit toward recertification according to State Board of Education guidelines.  Funds provided for professional development on standards may be carried forward into the current fiscal year to be expended for the same purpose.  No less than twenty-five percent of the funds allocated for professional development should be expended on the teaching of reading which includes teaching reading across content areas in grades three through eight.
     1A.33.      (SDE-EIA: XI.C.2-Teacher Supplies)  From the funds appropriated, all certified public school, certified special school classroom teachers, certified media specialists, and certified guidance counselors who are employed by a school district or a charter school as of November 30 of the current fiscal year, shall receive reimbursement of two hundred fifty dollars each school year to offset expenses incurred by them for teaching supplies and materials.  Funds shall be disbursed by the department to School districts by July 15 based on the last reconciled Professional Certified Staff (PCS) listing from the previous year.  Any deviation in the PCS and actual teacher count will be reconciled by December 31 or as soon as practicable thereafter.  School districts shall disburse these funds in a manner separate and distinct from their payroll check on the first day teachers, by contract, are required to be in attendance at school for the current contract year.  This reimbursement shall not be considered by the state as taxable income.  Special schools include the Governor's School for Science and Math, the Governor's School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice, and Palmetto Unified School District.  Funds distributed to school districts or allocated to schools must not supplant existing supply money paid to teachers from other sources.  If a school district requires receipts for tax purposes the receipts may not be required before December 31.  Districts that do not wish to require receipts may have teachers retain the receipts and certify for the district they have received the $250 for purchase of teaching supplies and/or materials and that they have purchased or will purchase supplies and/or materials during the fiscal year for the amount of $250.  Districts shall not have an audit exception related to non-retention of receipts in any instances where a similar instrument is utilized.  Any district requiring receipts must notify any teacher from whom receipts have not been submitted between November 25 and December 6 that receipts must be submitted to the district.  Districts may not add any additional requirement not listed herein related to this reimbursement.  The department must withhold Act 135 funds from any district while in non-compliance with this provision.  Any funds not disbursed to teachers may not be retained by the districts and must be returned to the department.
     1A.34.      (SDE-EIA: XI.E.1-Principal Executive/Leadership Institute Carry Forward)  Prior fiscal year funds appropriated in Part IA, Section 1, XI.E.1. for the Principal Executive/Leadership Institute may be carried forward into the current fiscal year and expended for the same purpose.  The Institute and all principal evaluation and induction programs must include training for the key role that principals have in supervising the teaching of reading and instilling the importance of literacy in public schools.
     1A.35.      (SDE-EIA: XI.C.2-Teacher of the Year Awards)  Of the funds provided herein for Teacher of the Year Awards, each district Teacher of the Year shall receive an award of $1,000.  In addition, the State Teacher of the Year shall receive an award of $25,000, and each of the four Honor Roll Teachers of the Year will receive an award of $10,000.  To be eligible, districts must participate in the State Teacher of the Year Program sponsored by the State Department of Education.
     1A.36.      (SDE-EIA: XI-State of Emergency District)  Notwithstanding any other provision of law, funds may be used for retired educators serving as teacher specialists, principal specialists, principal leaders, or curriculum specialists on site in districts in which a state of emergency is declared.  These educators may be hired as a principal specialist in a state of emergency district for up to four years.
     1A.37.      (SDE-EIA: Specialists in Unsatisfactory Schools)  Notwithstanding any other provision of law, the State Department of Education may assign teacher specialists, principal specialists, principal leaders, and curriculum specialists to schools designated as unsatisfactory or below average according to the enrollment of the school and as recommended by the review team.  Teacher specialists may be assigned to kindergarten level, if recommended by the review team.  Furthermore, the average number of teacher specialists assigned to schools may not exceed five.  Teacher specialists may be placed across grade levels and across core subject areas when placement meets program criteria based on external review team recommendations, need, number of teachers receiving support, and certification and experience of the specialist.  A teacher specialist may be assigned to support classroom teachers in the areas of special education and limited English proficiency when warranted by the needs of the student population, recommended by an external review team and approved by the State Board of Education.  Teacher specialists are limited to three years of service at one school unless the specialist submits application for an extension and that application is accepted by the State Department of Education and placement is made.  Upon acceptance and placement, the specialist can receive the salary and supplement for two additional years, but is no longer attached to the sending district or guaranteed placement in the sending district following tenure in the program as provided in Section 59-18-1530 (F) of the South Carolina Code of Laws.  Teacher specialist funds may be carried forward from the prior fiscal year into the current fiscal year for the Teacher Specialists On-Site Program.  A principal specialist may be continued for a third year if requested by the local school board, recommended by the external review team, and approved by the State Board of Education.  For the third year, only the principal specialist salary supplement will be paid by the State.
     1A.38.      (SDE-EIA: XI-Accreditation System)  The State Board of Education and Department of Education, in developing the criteria for the new accreditation system mandated by Section 59-18-710, shall consider including as an area the functioning of school improvement councils and other school decision-making groups and their participation in the school planning process in accordance with state requirements.
     1A.39.      (SDE-EIA: XI.A.3-Institute of Reading)  The funds appropriated for the Institute of Reading must be used to implement a comprehensive approach to improving the reading abilities of students in the middle grades and accelerating the learning of middle grade students reading below grade level with strategies based on best practice and providing targeted assistance shown by research to help these students to read at grade level.  Funds may also be used in the same manner for high school grades.
     1A.40.      (SDE-EIA: EOC)  The Education Oversight Committee may collect, retain and expend revenue from conference registration and fees; charges for materials supplied to local school districts or other entities not otherwise mandated to be provided by state law; and from other activities or functions sponsored by the committee including public awareness campaign activities.  Any unexpended revenue from these sources may be carried forward into the current fiscal year and expended for the same purposes.  The Education Oversight Committee is permitted to utilize the funds appropriated to it to fund programs promoting the teaching of economic education in South Carolina.
     1A.41.      (SDE-EIA: Professional Development)  With the funds appropriated for professional development, the Department of Education must disseminate the South Carolina Professional Development Standards, establish a professional development accountability system, and provide training to school leadership on the professional development standards, also training must be provided to educators on assessing student mastery of the content standards.  The State Department of Education shall revise professional development activities and programs, including professional development on the standards, the SC Reading Initiative, and programs for administrators, to include emphasis on strategies and services for students at risk of retention.  The State Department of Education shall provide information on the activities and programs and measures to gauge their effectiveness to the State Board of Education and the Education Oversight Committee by January 1.
     1A.42.      (SDE-EIA: Principal Specialists)  For each principal specialist funded and designated to a school district, the school district may designate an apprentice to work with the specialist.
     1A.43.      (SDE-EIA: Report Card Printing)  The State Department of Education is prohibited from printing the Annual School and District Report Card in any other color other than black and white.  School districts must advertise the results of their schools' report cards in an audited newspaper of general circulation in their geographic area within 45 days.  If the audited newspaper has previously published the entire report card results as a news item, this requirement is waived for the school and district.  Notwithstanding Section 59-18-930, the requirement to mail school and district report cards is suspended and report cards may be sent home with the students.  The parent survey required by Section 59-28-190 may be sent home with the students and the department must use the results of the parent survey to report parent perceptions on the school report cards.
     1A.44.      (SDE-EIA: Technical Assistance)  Notwithstanding any other provision of law, and in order to best meet the needs of low-performing schools, funds appropriated for homework centers, teacher specialists, principal specialists, retraining grants, technical assistance to below average schools, and principal leaders technical assistance to schools with an absolute rating of below average or unsatisfactory on the most recent annual school report card must be allocated accordingly.  First, a school initially designated as unsatisfactory or below average on the current year's report card must receive by January 1, up to $10,000 from the funds appropriated for technical assistance and must expend the funds for planning purposes in accordance with Section 59-18-1560 of the 1976 Code.  Furthermore, any school that does not provide the evaluation information necessary to determine effective use as required by Section 59-18-1560 of the 1976 Code, is not eligible to receive additional funding until the requested data is provided.  Schools receiving an absolute rating of below average must submit to the Department of Education a school renewal plan that includes actions consistent with each of the alternative researched-based technical assistance criteria as approved by the Education Oversight Committee and the Department of Education.  The school renewal plans may include compensation incentives to provide salary supplements to classroom teachers who are certified by the State Board of Education and who have obtained an Advanced Degree.  The purpose of these compensation packages is to improve the recruitment and retention of teachers with Advanced Degrees in underperforming schools.  If the school renewal plans are approved, schools would be permitted to use technical assistance funds to provide these salary supplements.  Upon approval of the plans by the Department of Education and the State Board of Education, the school will receive an allocation of not less than $75,000, taking into consideration the enrollment of the schools.  The funds must be expended on strategies and activities as expressly outlined in the school renewal plan which may include, but are not limited to, professional development, the Teacher Advancement Program (TAP), homework centers, diagnostic testing, supplement supplemental health and social services, or comprehensive school reform efforts.  The schools will work with the Department of Education to broker the services of technical assistance personnel as needed and as stipulated in the school renewal plan.  Funds not expended in the current prior fiscal year may be carried forward and expended for the same purpose in the next current fiscal year.  It is intended that the technical assistance will be provided for a minimum of three years in order to implement fully systemic reform and to provide opportunity for building local education capacity.  Furthermore, schools and school districts must use these technical assistance funds to augment or increase, not to replace local or state revenues that would have been used if the technical assistance funds had not been made available.  Schools and school districts may use technical assistance funds only to supplement, and to the extent practical, increase the level of funds that would be made available from other revenue sources for these schools.  A school or district may not use these technical assistance funds to supplant funds from other sources.
     Schools receiving an absolute rating of unsatisfactory will be provided an external review team evaluation.  Based upon the external review team evaluation, the schools must submit to the Department of Education a school renewal plan that includes actions consistent with the alternative research-based technical assistance criteria as approved by the Education Oversight Committee and the Department of Education.  Upon approval of the plan by the Department of Education and the State Board of Education, the schools will receive an allocation of not less than $250,000, taking into consideration the enrollment of the schools and the recommendations of the external review team.  The funds must be expended on strategies and activities as expressly outlined in the school renewal plan which may include, but are not limited to, professional development, the Teacher Advancement Program (TAP), homework centers, diagnostic testing, supplement supplemental health and social services, or comprehensive school reform efforts.  The schools will work with the Department of Education to broker the services of technical assistance personnel as needed and as stipulated in the school renewal plan.  Funds not expended in the current prior fiscal year may be carried forward and expended for the same purpose in the next current fiscal year.  It is intended that the technical assistance will be provided for a minimum of three years in order to implement fully systemic reform and to provide opportunity for building local education capacity.
     With the funds appropriated to the Department of Education for technical assistance services, the department will assist schools with an absolute rating of unsatisfactory or below average in designing and implementing school renewal plans and in brokering for technical assistance personnel as needed and as stipulated in the school renewal plan.  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.  Teacher specialists are limited to three years of service at one school unless the specialist submits application for an extension and that application is accepted by the 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 1976 Code.  The criteria for selecting alternate research-based technical assistance are to be those previously approved by the Education Oversight Committee and the Department of Education.  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.  In addition, the department must monitor the expenditure of funds and the academic achievement in schools receiving these funds and report to the General Assembly and the Education Oversight Committee by January 1 of 2007 and then by January 1 of each fiscal year following as the General Assembly may direct.  No more than five percent of the total amount appropriated for technical assistance services to schools with an absolute rating of Unsatisfactory or Below Average may be retained and expended by the department for implementation of technical assistance services.  Furthermore, of the funds appropriated for technical assistance, $930,000 shall be used for the National About Face Pilot Program.
     1A.45.      (SDE-EIA: Proviso Allocations)  The State Department of Education may reduce by up to 10%, any allocation in Section 1A specifically designated by proviso in the event an official EIA revenue shortfall is declared by the BEA.  No allocation for teacher salaries shall be reduced as a result of this proviso.
     1A.46.      (SDE-EIA: School Districts and Special Schools Flexibility)  All school districts and special schools of this State may transfer up to one hundred percent of funds between programs to any instructional program provided the funds are utilized for direct classroom instruction.
     The South Carolina Department of Education must establish a procedure for the review of all transfers authorized by this provision.  The details of such transfers must be provided to members of the General Assembly upon request.  School districts and special schools may carry forward unexpended funds from the prior fiscal year into the current fiscal year to be used for the same purpose.  All transfers executed pursuant to this provision must be completed by May first of the current fiscal year.  All school districts and special schools of this State may expend funds received from the Children's Education Endowment Fund for school facilities and fixed equipment assistance, for any instructional program.  The Education Oversight Committee shall review the utilization of the flexibility provision to determine how it enhances or detracts from the achievement of the goals of the educational accountability system, including the ways in which school districts and the state organize for maximum benefit to classroom instruction, priorities among existing programs and services, and the impact on short, as well as, long-term objectives.  The State Department of Education shall provide the reports on the transfers to the Education Oversight Committee for the comprehensive review.  This review shall be provided to the members of the General Assembly annually.  Any grant or technical assistance funds allocated directly to an individual school may not be reduced or reallocated within the school district and must be expended by the receiving school only according to the guidelines governing the funds.
     1A.47.      (SDE-EIA: XI.A.4-Retraining Grants)  Funds appropriated for retraining grants in the prior fiscal year may be retained and expended during the current fiscal year by the schools that were awarded the grants during the prior fiscal year for the same purpose.  Funds appropriated for Retraining Grants may be used for training for superintendents and school board members.  Beginning with the 2004 annual school report card, a school initially designated as unsatisfactory or below average on the current year's report card must receive by January 1, $10,000 from the funds appropriated for Retraining Grants and must expend the funds for planning purposes in accordance with Section 59-18-1560.  The school is then eligible to receive additional retraining grant allocations in the following three school years in accordance with Section 59-18-1560 provided that the school meets the guidelines developed by the Department.  A school designated as unsatisfactory or below average for consecutive years may combine the additional retraining grants allocations and homework center allocations for professional development or for extended school day in accordance with the school's improvement plan.  Furthermore, any school that does not provide the evaluation information necessary to determine effective use as required by Section 59-18-1560 is not eligible to receive additional funding until the requested data is provided as outlined in the program guidelines.
     1A.48.      (SDE-EIA: XI.F.2-School Improvement Council Assistance)  The School Improvement Council Assistance will coordinate with the department to target schools and school districts designated as unsatisfactory.  The department shall coordinate with and monitor the services provided to the schools and districts by the School Improvement Council Assistance.
     1A.49.      (SDE-EIA: Critical Geographic Area)  Notwithstanding the provision of Section 59-26-20(j) for those students seeking loan cancellation under the Teacher Loan Program after July 1, 2004, "critical geographic area" shall be defined as schools that have an absolute rating of below average or unsatisfactory, schools where the average teacher turnover rate for the past three years is 20 percent or higher, or schools that meet the poverty index criteria at the 70 percent level or higher.  The list shall also include special schools, alternative schools, and correctional centers as identified by the State Board of Education.  After July 1, 2005, students shall have their loan canceled based on those schools or districts designated as a critical geographic area at the time of employment.  The definition of critical geographic area shall not change for those students who are in the process of having a loan canceled, on or before June 30, 2005.  Beginning in Fiscal Year 2005-06 the maximum loan amount will be increased to an amount not to exceed $20,000.
     1A.50.      (SDE-EIA: Unallocated Funds for Teacher Specialists)  The Department of Education shall develop procedures and establish a timeline so schools that receive an unsatisfactory rating or a below average rating on the annual report card are given an option to choose technical assistance offered by the department that includes teacher specialists, principal specialists and other personnel assigned under the tiered system or alternative research-based technical assistance.  Criteria for selecting alternative research-based technical assistance are to be approved by the Education Oversight Committee and the Department of Education.  For the current school year, the department may utilize a supplemental alternative technical assistance program in a state of emergency school district.  The funds appropriated for alternative research-based technical assistance must be allocated to below average and unsatisfactory schools based upon the school's enrollment and school type with no school receiving less than $100,000 or more than $300,000 annually.  Furthermore, it is the intent that the alternative research-based technical assistance will be provided for a minimum of three years in order to implement fully systemic reform and to provide opportunity for building local education capacity.  The Education Oversight Committee, in cooperation with the Department of Education and with the schools and school districts participating in the alternative technical assistance programs, will monitor the effectiveness of the alternative technical assistance program.
     1A.51.      (SDE-EIA: Teacher Salary Supplement)  The department is directed to carry forward prior year unobligated teacher salary supplement and related employer contribution funds into the current fiscal year to be used for the same purpose.
     1A.52.      (SDE-EIA: EAA Summer School, Grades 3-8)  Funds appropriated for summer school shall be allocated to each local public school district based on the number of academic subject area scores below the basic on the prior year Spring PACT administration for students in grades three through eight and on the number of students entering ninth grade who score below proficient in reading.  Individual student scores on the PACT shall not be the sole criterion used to determine whether a student on an academic plan the prior year will be placed on probation or retained.  Individual student scores on the PACT shall not be the sole criterion for requiring students to attend summer school.  School districts may consider other factors such as student performance, teacher judgment, and social, emotional, and physical development in placing students on academic probation or requiring summer school attendance.  Students may not be placed on academic probation or retained based solely on the PACT scores.  The State Department of Education working with the Education Oversight Committee must develop a method to supplement the PACT with diagnostic training and materials aligned to the content standards.  Current year appropriations may be expended for prior year EAA summer school purposes.  Local public school districts shall utilize these funds in accordance with the requirements of Section 59-18-500 of the 1976 Code.  The State Department of Education is directed to utilize PACT-like tests aligned with standards to be administered to students on academic probation required to attend summer school.  The test shall be a determinate in judging whether the student has the skills to succeed at the next grade level.  The State Board of Education shall establish regulations to define the extenuating circumstances including death of an immediate family member or severe long-term student illness, under which the requirements of Section 59-18-900(D) may be waived.  Furthermore, the Department of Education, working with and through the SC Afterschool Alliance, will provide $250,000 to produce a model of voluntary quality standards for out-of-school time programs, develop a directory of technical assistance, and identify gaps of service.
     1A.53.      (SDE-EIA: Alternative School Waiver Requirement)  Notwithstanding any other provision of law, alternative schools may receive funding if they meet the standards to qualify for a waiver from the Department of Education established in Section 59-63-1310 for site requirements for the current fiscal year.
     1A.54.      (SDE-EIA: Class Size Reduction-Grade One)  School districts which choose to reduce class size to fifteen-to-one in grades one through three shall be eligible for funding for the reduced pupil-teacher ratios from funds provided by the General Assembly for this purpose.
     1A.55.      (SDE-EIA: National About Face Pilot Program)  Of the funds appropriated to the Department of Education for homework centers, $610,000 shall be used for the National About Face Pilot Program.
     1A.56.      (SDE-EIA: High Schools That Work Programs)  The Department of Education must report annually by December 1, to the Governor, the Chairman of the Senate Finance Committee, Chairman of the House Ways and Means Committee, the Chairman of the Senate Education Committee, and the Chairman of the House Education and Public Works Committee on the High Schools that Work Programs' progress and effectiveness in providing a better prepared workforce and student success in post-secondary education.  The department, school districts, and special schools may carry forward unexpended funds from the prior fiscal year into the current fiscal that were allocated for High Schools That Work.
     1A.57.      (SDE-EIA: PSAT/PLAN Reimbursement)  Funds appropriated for assessment shall be used to pay for the administration of the PSAT or PLAN test to tenth grade students to include the testing fee and report fee.  The department is authorized to carry forward into the current fiscal year, prior year state assessment funds for the purpose of paying for state assessment activities not completed by the end of the fiscal year including the scoring of the spring PACT assessment.
     1A.58.      (SDE-EIA: EAA Report Card Criteria)  The Education Oversight Committee may base ratings for school districts and high schools on criteria that include graduation from high school with a state high school diploma and ratings may be based on criteria aligned with workforce needs including, but not limited to, exit examination performance and other criteria identified by technical experts and appropriate groups of educators and workforce advocates.  For other schools without standard-based assessments the ratings may be based upon criteria identified by technical experts and appropriate groups of educators.  All ratings criteria must be approved by the Education Oversight Committee.
     1A.59.      (SDE-EIA: Excellence in Middle School Initiative)  Funds appropriated for the Excellence in Middle Schools Initiative shall be used to continue to fund the number of guidance counselors, school safety officers and/or school nurses in middle/junior high schools.  The funding allocation shall be based proportionately on the number of middle/junior high schools in each district.
     1A.60.      (SDE-EIA: After School Program/Homework Centers Allocation)  The Department of Education is authorized to allocate after school program/homework center funds first, by establishing an equitable base amount for unsatisfactory schools; second, by establishing an equitable base amount for below average schools; and third, by allocating any remaining funds based on the ADM of below average schools.  By November 1 of the fiscal year, schools receiving funds for homework centers must report to the Department of Education and to the Education Oversight Committee on changes in the PACT-English Language Arts scores in both reading and writing of students who were participants in the homework centers during the prior school year.
     1A.61.      (SDE-EIA: Early Childhood Review)  From the funds appropriated for EIA Four-Year-Old Early Childhood, the Department of Education shall utilize up to $300,000 to institute a plan for reviewing, on a district basis, early childhood assets of schools and districts based on 4K entry DIAL 3 scores, and South Carolina Readiness Assessment Reports.  To accomplish this, the department shall use reports that analyze program assets and provide guidance to local schools on the effective use of the reports to enhance quality gaps.  Children will be tracked from early childhood programs to fifth grade and beyond to study the relationships of strong early childhood programs and increased performance on PACT, decreased drop out scores, decreased referral for special education programs, and increased graduation rates.  This review may not be used as a part of the EAA Report Card for school year 2006-07 the current fiscal year.
     1A.62.      (SDE-EIA: Credits High School Diploma Distribution)  The funds appropriated for Raise Academic Standards-Credits High School Diploma shall be distributed to the school districts of the state based upon the 135 day count of Average Daily Membership.
     1A.63.      (SDE-EIA: Teacher Recruitment/Retention Task Force)  The Education Oversight Committee shall convene a task force to evaluate current teacher recruitment and retention policies, particularly those that impact on schools that have historically underachieved.  Included in the task force will be representatives from the Department of Education, the Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina), institutions of higher learning, the Student Loan Corporation, the Commission on Higher Education, and classroom teachers from throughout South Carolina.
     1A.64.      (SDE-EIA: Report Card Information)  The percentage each school district expended on classroom instruction as defined by the Department of Education's In$ite classification for "Instruction" must be printed on the Annual School and District Report Card.
     1A.65.      (SDE-EIA: PACE Carry Forward)  The Department of Education is authorized to carry forward $976,410 from EIA funds not expended during the prior fiscal year.  Of these funds $871,000 must be used for the purpose of conducting the Program of Alternative Certification for Educators (PACE) in the current fiscal year and $105,410 to the Department of Juvenile Justice if, after a recount of student enrollment, the Department of Juvenile Justice is determined to be ineligible for additional federal Title II Teacher Quality funds equal to $105,410.
     1A.66.      (SDE-EIA: Core Curriculum Materials)  The funds appropriated in Part IA, Section 1, XI.A.3 for instructional materials for core curriculum shall be expended consistent with the requirements of Section 59-31-600 of the 1976 Code requiring the development of higher order thinking skills and critical thinking which should be integrated throughout the core curriculum instructional materials.  Furthermore, the evaluation criteria used to select instructional materials with funds appropriated in Part IA, Section 1, XI.A.3 shall include a weight of up to ten percent of the overall criteria to the development of higher order thinking skills and critical thinking.
     1A.67.      (SDE-EIA: Formative Reading Assessment)  Beginning with the 2007-08 school year, for grades one and two, schools will use a State Board approved developmentally appropriate formative reading assessment.  However, districts that are currently using other formative reading assessments because of the districts' participation in grant programs may use those assessments in the schools within their districts in lieu of using the State Board approved assessment.  By August 1, 2007, those districts shall be required to inform the Office of Assessment what equivalent assessment for grades one and two will be used.  To the extent that funds are available, the Department of Education may provide funds for districts to offset the assessment costs for non-grant schools within those districts.
     1A.68.      (SDE-EIA: 3 Year Technical Assistance Plan)  No school that received technical assistance funding in Fiscal Year 2006-07 and that implemented a three-year technical assistance plan approved by the Department of Education shall receive a reduction in those funds in Fiscal Year 2007-08.
     1A.69.      (SDE-EIA: XI.E.2-Public Choice Innovation Schools)  DELETED
     1A.70.      (SDE-EIA: EIA Cash Balance)  The Department of Education is authorized to carry forward the amount necessary from EIA funds not expended in the prior fiscal year to increase the teacher supply allocation, as provided for elsewhere in this Act, to $275.
     $105,410 of the FY 2005-06 cash balance is to be utilized by the Department of Juvenile Justice if, after a recount of student enrollment, the Department of Juvenile Justice is determined to be ineligible for additional federal Title II Teacher Quality funds equal to $105,410.
     $224,000 of the FY 2005-06 EIA cash balance is to be utilized by Clemson University for the purpose of contracting the Center of Agricultural and Environmental Research Training to develop standards for the secondary agriculture programs in South Carolina as well as provide support material for Agricultural Education teachers to assist with its implementation.
     The Department may utilize no more than $100,000 of FY 2005-06 EIA cash balance to reimburse travel expenses and per diem for the advisory group established to develop implementation strategies for school district shared administration units.
     $5,000,000 of the FY 2005-06 EIA cash balance is to be utilized by the Department of Education, Budget and Control Board's Chief Information Office, State Library, and Education Television Commission for the implementation and awarding of not more than 6 individual public school grants for the piloting of the "iAm" Statewide Student Laptop Program.  Grant awards are to be designed to enhance the educational opportunities, increase workforce competitiveness, and engage ninth grade students to take ownership and responsibility for their future and the future of South Carolina.  All grants shall be used to purchase laptops for ninth grade students, additional equipment, and infrastructure to support the implementation of the "iAm" program, professional staff and faculty training, service and maintenance for the program.  Schools receiving the awards must provide for matching resources at a ratio determined by the percentage of ninth grade students receiving free or reduced lunch.  For schools in the top ten percent of schools with students receiving free or reduced lunch, grants will be provided at no matching resource requirement by the grant receiving school.  For schools in the next thirty percent of schools with students receiving free or reduced lunch, grants will be provided at a ratio of three iAm program dollars for each dollar invested by the grant receiving school.  For schools in the second thirty percent of schools with students receiving free or reduced lunch, grants will be provided at a ratio of two iAm program dollars for each dollar invested by the grant receiving school.  For schools in the lowest thirty percent of schools with students receiving free or reduced lunch, grants will be provided at a ratio of one iAm program dollar for each dollar invested by the grant receiving school.  For FY 2007-08 the first fifty percent of "iAm" grant awards must be for public schools whose ninth grade students scored unsatisfactory or below average on the most recent EAA school report card; that have free and reduced lunch student counts that exceed the statewide average; and have the technological capacity necessary to fully implement the program.  The "iAm" program's efficacy must be evaluated starting at the time of its initial implementation by an independent party.  The evaluation must include the program's impact on retention rates and student achievement.  A copy of the evaluation report shall be provided to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee no later than December 1, 2009.  Schools may carry forward "iAm" program funds to be used for the same purpose.
     1A.71.      (SDE-EIA: XI-E.2.-Teacher Technology Proficiency)  To ensure the effective and efficient use of the funding provided by the General Assembly in Part IA, Section 1 XI.E.2 for school technology in the classroom and internet access, the State Department of Education shall approve district technology plans that specifically address and incorporate 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.  The Department of Education's professional development tracking, prescriptive and electronic portfolio system for teachers is the preferred method for demonstrating technology proficiency as this system is aligned to the International Society for Technology in Education (ISTE) teacher standards.  Evidence that districts are meeting the requirement is a prerequisite to expenditure of a district's technology funds.
     1A.72.      (SDE-EIA: XI.E.1- Shared Administrative Services)  With the funds provided, the Department of Education, in consultation with an advisory group composed of school business officers or administrators with business expertise, will develop an implementation strategy for shared administrative units to begin operating in school year 2008-09.  A shared administrative unit is to consolidate operational costs across school districts to effect savings of funds and to deter increases in operation's costs.  The intents are to improve the quality of operational services, reduce administrative costs, and focus school district leadership on instruction and instructional support.  Any school district enrolling fewer than 7,500 students and not a county-wide district shall be encouraged to choose among the following options:  (1) organize with similar school districts into administrative units serving 7,500 students; (2) share administrative services with a district that is already serving 7,500 or more students; or (3) organize with a school district to become a county-wide district for the purpose of administrative costs.  Members of the advisory group shall be authorized to receive per diem and travel reimbursement for each official meeting as is provided by law for members of boards, commissions, and committees.  The funds allocated to the department shall be used to develop the program, to establish baseline costs, to coordinate shared services, and to pay travel and per diem expenses of the advisory group.  In the current fiscal year, the Department of Education must develop a model and plan for implementation.  By March 1, 2008 the Department of Education will submit to the House Education and Public Works Committee, to the Senate Education Committee and to the Education Oversight Committee the model and plans for implementing shared administrative units.  Implementation of the plans will occur in the subsequent fiscal year.

SECTION 1AA - H66 -LOTTERY EXPENDITURE ACCOUNT

     1AA.1.      (LEA: Audit)  Each state agency receiving lottery funds shall develop and implement procedures to monitor the expenditures of lottery funds in order to ensure that lottery funds are expended in accordance with applicable state laws, rules, and regulations.  The Office of the State Auditor shall ensure that state agencies receiving lottery funds have procedures in place to monitor expenditures of lottery funds and that the monitoring procedures are operating effectively.
     1AA.2.      (LEA: SDE Lottery Carry Forward)  The Department of Education is authorized to carry forward and expend any unexpended balances of lottery funds from the prior fiscal year into the current fiscal year for expenditures incurred in the prior fiscal year or to be expended for the same purpose.
     1AA.3.      (LEA: SDE Transfer Restriction)  Funds appropriated from the Education Lottery Account for K-5, Reading, Mathematics, Science, and Social Studies Programs, grants, or technical assistance funds allocated directly to an individual school may not be transferred and may only be expended for the purposes for which these funds have been appropriated.  However, all school districts may transfer up to one hundred percent of other lottery funds appropriated to school districts between programs to any instructional program provided the funds are utilized for direct classroom instruction.
     1AA.4.      (LEA: Higher Education Excellence Enhancement Program)  Notwithstanding any other provision of law, all funds appropriated for the Higher Education Excellence Enhancement Program shall be allocated equally among the eligible institutions as defined in Section 2-77-15.  The Commission on Higher Education is authorized to retain and carry forward funds not allocated in the prior fiscal year and to allocate those funds in the current fiscal year equally among the eligible institutions as defined in Section 2-77-15.
     1AA.5.      (LEA: Technology Lottery Funds)  For the purposes of the allocation of technology funds from the lottery proceeds, $125,000 shall be transferred from the portion designated for 2-year institutions to the portion designated for 4-year institutions for each University of South Carolina 2-year institution that has moved to a 4-year status since 2000.
     1AA.6.      (LEA: FY 06-07 Lottery Funding)  There is appropriated from the Education Lottery Account for the following education purposes and programs and funds for these programs and purposes shall be transferred by the Budget and Control Board as directed below.  These appropriations must be used to supplement and not supplant existing funds for education.
     The Budget and Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the appropriations of the Education Lottery Account as provided in this section.
     All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year including any interest earnings and of those funds, $30,600,000 shall be used to support the appropriations contained below.  After the first $30,600,000 of lottery funds carried forward from the prior fiscal year are realized, the next $12,150,000 shall be directed to the State Board of Technical and Comprehensive Education to be used for the Allied Health Initiative.  The next $500,000 shall be directed to the Arts Partnership of Greater Spartanburg, Inc. for educational programming in the Science Center and History Museum.  The programming is to be based on South Carolina K-12 Curriculum and be used to support teachers in their classrooms and for science career development.  The remaining balance is directed to the South Carolina State Library for equal distribution to each county for local libraries.
     For Fiscal Year 2006-07 certified net lottery proceeds and investment earnings and any other proceeds identified by this provision are appropriated as follows:
           (1)      Commission on Higher Education--Tuition Assistance Two-Year Institutions, $45,000,000;
                           (2)      Commission on Higher Education--LIFE Scholarships as provided in Chapter 149 of Title 59, $87,911,636;
                           (3)      Commission on Higher Education--HOPE Scholarships as provided in Section 59-150-370, $7,144,909;
                           (4)      Commission on Higher Education--Palmetto Fellows Scholarships as provided in Section 59-104-20, $17,830,758;
                           (5)      Commission on Higher Education--Need-Based Grants, $11,246,093;
           (6)      Tuitions Grants Commission--Tuition Grants, $7,766,604;
                           (7)      Commission on Higher Education--National Guard Tuition Repayment Program as provided in Section 59-111-75, $1,700,000;
                           (8)      Commission on Higher Education--Endowed Chairs as provided in Chapter 75 of Title 2, $30,000,000;
           (9)      South Carolina State University--$2,500,000;
                     (10)      Technology--Public 4-Year Universities, 2-Year Institutions, and State Technical Colleges, $3,600,000;
                     (11)      Department of Education--Teacher Specialists, $11,000,000;
                     (12)      Department of Education--K-5 Reading, Math, Science & Social Studies Program as provided in Section 59-1-525, $46,500,000;
                     (13)      Department of Education--Grades 6-8 Reading, Math, Science & Social Studies Program, $2,000,000; and
                     (14)      Commission on Higher Education--Higher Education Excellence Enhancement Program, $4,700,000.
     Fiscal Year 2006-07 funds appropriated to the Commission on Higher Education for Tuition Assistance must be distributed to the technical colleges and 2-year institutions as provided in Section 59-150-360.
     The Commission on Higher Education is authorized to temporarily transfer funds between appropriated line items in order to ensure the timely receipt of scholarships and tuition assistance.  It is the goal of the General Assembly to fund the Tuition Assistance program at such a level to support at least $996 per student per term for full time students.
     Fiscal Year 2006-07 net lottery proceeds and investment earnings in excess of the certified net lottery proceeds and investment earnings for this period are appropriated and must be used to ensure that all LIFE, Palmetto Fellows, and HOPE scholarships for Fiscal Year 2006-07 are fully funded.
     If the lottery revenue received for Fiscal Year 2006-07 is less than the amounts appropriated, the projects and programs receiving appropriations for any such year shall have their appropriations reduced on a pro rata basis, except that a reduction must not be applied to the funding of LIFE, HOPE, and Palmetto Fellows Scholarships.
     The Commission on Higher Education is authorized to use up to $260,000 of the funds appropriated in this provision for LIFE, HOPE, and Palmetto Fellows scholarships to provide the necessary level of program support for the scholarship award process.
     For Fiscal Year 2006-07, $8,400,000 certified from unclaimed prizes shall be appropriated for Technology:  Public 4-Year Universities, 2-Year Institutions, and State Technical Colleges.
     Of any unclaimed prize funds available in excess of the Board of Economic Advisors estimate, the first $200,000 shall be directed to the S.C. School for the Deaf and the Blind for technology, equipment, and support for multi-disabled students enrolled in education degree and vocational certificate programs.  The next $250,000 will be directed to the Department of Education for Agriculture in the Classroom.  The next $2,600,000 will be directed to the Commission on Higher Education for Tuition Assistance Two-Year Institutions.  Any individual item funded by unclaimed prize funds that are available in excess of the Board of Economic Advisors estimate may be partially funded in the order in which it appears, to the extent that revenues are available.  The allocations of Section 59-150-230(I) of the 1976 code are suspended for the current fiscal year.  All additional revenue in excess of the amount certified by the Board of Economic Advisors for unclaimed prizes shall be distributed to the Higher Education Tuition Grants Commission for Tuition Grants.
     Notwithstanding the provisions of Section 59-150-355 of the 1976 Code or any other provision of law, the Budget and Control Board may distribute funds from the Education Lottery Account on a monthly basis during the final quarter of the fiscal year.
     1AA.7.      (LEA: FY 07-08 Lottery Funding)  There is appropriated from the Education Lottery Account for the following education purposes and programs and funds for these programs and purposes shall be transferred by the Budget and Control Board as directed below.  These appropriations must be used to supplement and not supplant existing funds for education.
     The Budget and Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the appropriations of the Education Lottery Account as provided in this section.
     All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year including any interest earnings, which shall be used to support the appropriations contained below.
     For Fiscal Year 2007-08 certified net lottery proceeds and investment earnings and any other proceeds identified by this provision are appropriated as follows:
           (1)      Commission on Higher Education--Tuition Assistance Two-Year Institutions      $      50,000,000;
           (2)      Commission on Higher Education--LIFE Scholarships as provided in Chapter 149 of Title 59      $      62,604,207;
           (3)      Commission on Higher Education--HOPE Scholarships as provided in Section 59-150-370      $      7,144,909;
           (4)      Commission on Higher Education--Palmetto Fellows Scholarships as provided in Section 59-104-20      $      21,423,660;
           (5)      Commission on Higher Education--Need-Based Grants      $      13,746,093;
           (6)      Tuitions Grants Commission--Tuition Grants      $      7,766,604;
           (7)      Commission on Higher Education--National Guard Tuition Repayment Program as provided
                       in Section 59-111-75      $      1,700,000;
           (8)      Commission on Higher Education--Endowed Chairs as provided in Chapter 75 of Title 2      $      30,000,000;
           (9)      South Carolina State University      $      2,500,000;
           (10)      Technology--Public 4-Year Universities, 2-Year Institutions, and State Technical Colleges      $      5,600,000;
           (11)      Department of Education--K-5 Reading, Math, Science & Social Studies Program as provided
                       in Section 59-1-525      $      47,614,527;
           (12)      Department of Education--Grades 6-8 Reading, Math, Science & Social Studies Program      $      2,000,000;
           (13)      Commission on Higher Education--Higher Education Excellence Enhancement Program      $      4,700,000;
           (14)      School for the Deaf and the Blind--Technology Replacement      $      200,000;      and
           (15)      State Library--Local Libraries      $      1,000,000.
     Fiscal Year 2007-08 funds appropriated to the Commission on Higher Education for Tuition Assistance must be distributed to the technical colleges and 2-year institutions as provided in Section 59-150-360.
     The Commission on Higher Education is authorized to temporarily transfer funds between appropriated line items in order to ensure the timely receipt of scholarships and tuition assistance.  It is the goal of the General Assembly to fund the Tuition Assistance program at such a level to support at least $996 per student per term for full time students.
     Fiscal Year 2007-08 net lottery proceeds and investment earnings in excess of the certified net lottery proceeds and investment earnings for this period are appropriated and must be used to ensure that all LIFE, Palmetto Fellows, and HOPE scholarships for Fiscal Year 2007-08 are fully funded.
     If the lottery revenue received for Fiscal Year 2007-08 is less than the amounts appropriated, the projects and programs receiving appropriations for any such year shall have their appropriations reduced on a pro rata basis, except that a reduction must not be applied to the funding of LIFE, HOPE, and Palmetto Fellows Scholarships.
     The Commission on Higher Education is authorized to use up to $260,000 of the funds appropriated in this provision for LIFE, HOPE, and Palmetto Fellows scholarships to provide the necessary level of program support for the scholarship award process.
     For Fiscal Year 2007-08, $8,400,000 certified from unclaimed prizes shall be appropriated for Technology:  Public 4-Year Universities, 2-Year Institutions, and State Technical Colleges.  The allocations of Section 59-150-230(I) of the 1976 code are suspended for the current fiscal year.
     Of any unclaimed prize funds available in excess of the Board of Economic Advisors estimate, the first $750,000 shall be directed to the Department of Education to implement the Schools Attuned program.  The next $500,000 shall be directed to the Department of Alcohol and Other Drug Abuse Services for services assisting in the prevention and treatment of gambling disorders as specified in Section 59-150-230(I) of the 1976 Code.  The next $250,000 shall be distributed for education excellence enhancement to a non-profit or public two-year institution where sixty percent or more of the enrolled students are low-income and educationally disadvantaged, the institution is qualified under Part B, Subchapter III, Chapter 28, Title 20 of the United States Code and has been established in this state since 1894.  All additional revenue in excess of the amount certified by the Board of Economic Advisors for unclaimed prizes shall be distributed to the Commission on Higher Education to be used as a funding source to implement the provisions of H.3170 of 2007.  In the event H.3170 is not enacted into law, the funds shall be distributed to the Department of Education and shall be utilized to purchase school buses.
     Notwithstanding the provisions of Section 59-150-355 of the 1976 Code or any other provision of law, the Budget and Control Board may distribute funds from the Education Lottery Account on a monthly basis during the final quarter of the fiscal year.

SECTION 2 - H71 - WIL LOU GRAY OPPORTUNITY SCHOOL

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

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

     3.1.      (SDB: Student Activity Fee)  The School for the Deaf and the Blind is authorized to charge to the parents of students at the school a student activity fee, differentiated according to the income of the family.  The required student activity fee shall not exceed $40.00.  Such revenue may be retained and carried forward into the current fiscal year and expended for the purpose of covering expenses for student activities.
     3.2.      (SDB: Weighted Student Cost)  The School for the Deaf and the Blind shall receive through the Education Finance Act the average State share of the required weighted cost for each student enrolled in the School
     3.3.      (SDB: Admissions)  Deaf, blind, multi-disabled and other disabled students identified by the Board of Commissioners as target groups for admission to the South Carolina School for the Deaf and the Blind may be admitted by the School either through direct application by parents or on referral from the local school district.  The Board of Commissioners shall define the appropriate admissions criteria including mental capacity, degree of disability, functioning level, age, and other factors deemed necessary by the board.  All placement hearings for admission to the South Carolina School for the Deaf and the Blind shall be organized by the School.  The South Carolina School for the Deaf and the Blind shall obtain information from the local school district concerning the needs of the student and shall prepare an Individualized Education Plan for each student admitted.  All parents applying for admission of their children must sign a statement certifying that they feel the South Carolina School for the Deaf and the Blind is the most appropriate placement which constitutes the least restrictive environment for the individual student, based upon needs identified in the placement meeting and the Individualized Education Plan.  The decision concerning placement and least restrictive environment shall be reviewed annually at the IEP Conference.
     3.4.      (SDB: Adult Vocational Program Fees)  The School for the Deaf and the Blind is authorized to charge appropriate tuition, room and board, and other fees to students accepted into the Adult Vocational Program.  Such fees will be determined by the School Board of Commissioners, and such revenue shall be retained and carried forward into the current fiscal year and expended by the School for the purpose of covering expenses in the Adult Vocational Program.
     3.5.      (SDB: Mobility Instructor Service Fee)  The School for the Deaf and the Blind is authorized to charge a fee for the services of a mobility instructor to provide service on a contractual basis to various school districts in the state, and such revenue shall be retained and carried forward into the current fiscal year and expended by the School for the purpose of covering expenses in the Blind School.
     3.6.      (SDB: Cafeteria Revenues)  All revenues generated from cafeteria operations may be retained and expended by the institution for the purpose of covering actual expenses in cafeteria operations.
     3.7.      (SDB: School Buses)  The school buses of the South Carolina School for the Deaf and the Blind are authorized to travel at the posted speed limit.
     3.8.      (SDB: USDA Federal Grants)  All revenues generated from U.S.D.A. federal grants may be retained and expended by the SCSDB in accordance with Federal regulations for the purpose of covering actual expenses in the cafeteria/food service operations of the school.
     3.9.      (SDB: By-Products Revenue Carry Forward)  The School for the Deaf and the Blind is authorized to sell goods that are by-products of the school's programs and operations, charge user fees and fees for services to the general public: individuals, organizations, agencies and school districts, and such revenue may be retained and carried forward into the current fiscal year and expended for the purpose of covering expenses of the school's programs and operations.
     3.10.      (SDB: Deferred Salaries Carry Forward)  South Carolina School for the Deaf and the Blind is authorized to carry forward in the current fiscal year the amount of the deferred salaries and employer contributions earned in the prior fiscal year for nontwelve month employees. These deferred funds are not to be included or part of any other authorized carry forward amount.
     3.11.      (SDB: Sale of Property)  After receiving approval from the Budget and Control Board for the sale of property, the school may retain revenues associated with the sale of property titled to or utilized by the school. These funds shall be expended on capital improvements approved by the Joint Bond Review Committee and the Budget and Control Board.
     3.12.      (SDB: USC-Spartanburg Upstate 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 - Upstate.
     3.13.      (SDB: School Bus Purchase)  The School for the Deaf and the Blind shall receive, from the amounts appropriated for School Transportation School Bus Purchases, funds for two new school buses equipped appropriately for the students enrolled in the school according to the School for the Deaf and the Blind's specifications.  Funds used for this purpose shall not exceed $250,000.

SECTION 4 - L12 - JOHN DE LA HOWE SCHOOL

     4.1.      (JDLHS: Status Offender Carry Forward)   Unexpended status offender funds distributed to John de la Howe School from the Department of Education may be carried forward and used for the same purpose.
     4.2.      (JDLHS: Campus Private Residence Leases)  John de la Howe School is authorized to lease, to its employees, private residences on the agency's campus.  Funds generated may be retained and used for general operating purposes including, but not limited to, maintenance of the residences.

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: 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.3.      (CHE: Access & Equity Programs)  Of the funds appropriated herein for Access and Equity Programs, the Commission on Higher Education shall distribute at least $98,313 to South Carolina State University, $24,559 to Denmark Technical College, and $588,741 to the Access and Equity Program.  With the these 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.  Any additional funds appropriated herein for the Access and Equity Program shall be used for Commission on Higher Education implementation of statewide program priorities.
     5A.4.      (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.5.      (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.
     5A.6.      (CHE: African-American Loan Program)  Of the funds appropriated to the Commission on Higher Education for the African-American Loan Program, $149,485 shall be distributed to South Carolina State University and $53,389 shall be distributed to Benedict College, and must be used for a loan program with the major focus of attracting African-American males to the teaching profession.  The Commission of Higher Education shall act as the monitoring and reporting agency for the African-American Loan Program.  Of the funds allocated according to this proviso, no more than 10% shall be used for administrative purposes.
     5A.7.      (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.8.      (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.9.      (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.10.      (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.11.      (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.12.      (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.13.      (CHE: Performance Improvement Pool Allocation)  Of the funds appropriated to the Commission on Higher Education under Section XI. Special Items: Performance Funding, $1,642,536 will be allocated to the EPSCoR program under the Commission on Higher Education to improve South Carolina's research capabilities, $410,635 will be allocated to South Carolina State University as matching funds for the Transportation Center, and $410,635 will be allocated to support the management education programs of the School of Business at South Carolina State University.
     5A.14.      (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.15.      (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.16.      (CHE: Research Universities Matching Resources)  Notwithstanding the provisions of Sections 2-75-05(B)(4) and (6) and 2-75-50 of the 1976 Code, to meet the endowed professorships matching requirement of those provisions, a research university may use funds specifically provided for use in the areas of Engineering, Nanotechnology Biomedical Sciences, Energy Sciences, Environmental Sciences, Information and Management Sciences, and for other sciences and research that create well-paying jobs and enhanced economic opportunities for the people of South Carolina and that are approved by the Research Centers of Excellence Review Board that are derived from private or federal government sources, excluding state appropriations to the institution, tuition, or fees.  The only federal dollars that may be used to meet the endowed professorships matching requirement are those federal dollars received after July 1, 2003.
     5A.17.      (CHE: International Exchange Program Abatement)  State supported colleges and universities which have an established and ongoing relationship in one or more degree programs with an international institution, the terms of which have been formally approved by the institution's Board of Trustees, and the relationship includes regular arrangements for the enrollment of qualified students and/or the exchange of faculty between the institutions, although not necessarily in equal exchange numbers, may charge tuition to such qualified students at the South Carolina resident rate.
     5A.18.      (CHE: SREB Veterinary Students)  Of the funds appropriated to or authorized for the Commission on Higher Education, the commission is directed to fund the Southern Regional Educational Board dues at an appropriate amount to include five additional veterinary medicine students.
     5A.19.      (CHE: EPSCOR Transfer Authority)  At the discretion of the State Manager of the South Carolina EPSCoR Program, the State Manager is authorized to transfer the South Carolina EPSCoR Program from the South Carolina Research Authority to the Commission on Higher Education.  Regardless of whether the State Coordinator chooses for the program to be transferred, no funds appropriated to or authorized for the South Carolina EPSCoR Program may be retained by the South Carolina Research Authority or the Commission on Higher Education without the consent of the South Carolina EPSCoR Program.
     5A.20.      (CHE: Excellence Enhancement Program Additions)  Notwithstanding any other provision of law, Converse College and Columbia College shall be eligible to receive funds under the Higher Education Excellence Enhancement Program.
     5A.21.      (CHE: Need-Based Grants for Foster Youth)  For the current academic year, youth in the custody of the Department of Social Services and attending a higher education institution in South Carolina are eligible for additional need-based grants funding of up to $2,000 above the $2,500 maximum.  Foster youth must apply for these funds no later than May 1, of the preceding year.  All other grants, both state and federal, for which these foster youth are eligible must be applied first to the cost of attendance prior to using the additional need-based grant funding.  If the cost of attendance for a foster youth is met with other grants and scholarships, then no additional need-based grant may be used.  The Department of Social Services, in cooperation with the Commission on Higher Education, will track the numbers of recipients of this additional need-based grant to determine its effectiveness in encouraging more foster youth to pursue a secondary education.  No more than $100,000 may be expended from currently appropriated need-based grants funding for this additional assistance.
     5A.22.      (CHE: Out-Of-State Eligibility)  For Fiscal Year 2006-2007 the current fiscal year, students who are South Carolina residents and enrolled in out-of-state high schools shall may be eligible to receive the Palmetto Fellows, Life, and Hope scholarships.  Eligibility shall be calculated utilizing criteria for in-state students.  Any fees associated with the resulting conversion of grades or class rank to the South Carolina Uniform Grading Scale shall be the responsibility of the student.  For the purposes of meeting the rank criteria for the Palmetto Fellows and LIFE scholarships, the existing high school rank may be used provided it is calculated per a state-approved, standardized grading scale at the respective out-of-state high school.
     5A.23.      (CHE: Higher Education Price Index)  DELETED
     5A.24.      (CHE: Grants and Scholarships)  No state or other appropriated funds authorized in this act or authorized in any state law may be used to provide illegal aliens tuition assistance, scholarships, or any form of reimbursement of student expenses for enrolling in or attending an institution of higher learning in this State.  The Commission on Higher Education, the Higher Education Tuition Grants Commission, the South Carolina Student Loan Corporation, and the individual public institutions of higher learning are responsible for ensuring compliance with this provision.
     5A.25.      (CHE: Education & General Funds - Institutions)  Of the funds appropriated to the Commission on Higher Education for Education and General Funds for Institutions, the commission shall allocate the funds to research universities, excluding Clemson University and the University of South Carolina-Columbia, four-year comprehensive teaching colleges and universities, two year branches of the University of South Carolina, and the state technical and comprehensive education system per the allocation methodology adopted by the commission for FY 2007-08 such that 35% is distributed to the institutions to begin addressing parity issues with the remaining funding distributed based on the institution's share as determined by the commission's funding model for Fiscal year 2007-08.
     5A.26.      (CHE: Rural Ophthalmologists and Optometrists Program Study Committee)        A committee is established to assess the need for ophthalmologists and optometrists in rural areas of South Carolina.  The committee is directed to conduct a study on the establishment of a rural ophthalmologists and optometrists program which will offer incentives to ophthalmologists and optometrists to practice in rural areas.  The committee shall be composed of the following members:  the Chair of the Ophthalmology Department of the Medical University of South Carolina, a representative of the UAB School of Optometry, the Chair of the Ophthalmology Department of the University of South Carolina; a representative of the Southern College of Optometry; three ophthalmologists and three optometrists, preferably practicing in rural areas, nominated by the South Carolina Society of Ophthalmology Board of Directors and the State Board of Optometric Examiners to serve staggered 4 year terms.  The Executive Director of the SC Society of Ophthalmology, the Executive Director of the South Carolina Optometric Association, a representative of the Department of Health and Environmental Control and an Area Health Education Consortium official shall serve as ex-officio members of the committee.  Members of the committee shall serve without compensation.
     The committee shall receive staff support from the Medical University of South Carolina, the University of South Carolina, and the Area Health Education Consortium.  The results of this study are to be reported to the General Assembly by January 15, 2008.
     5A.27.      (CHE: Critical Needs Nursing Initiative)  The funds appropriated to the Commission on Higher Education for the Critical Needs Nursing Initiative shall be used for nursing faculty salary enhancements.  The commission, upon consultation with members of the Advisory Committee on Academic Programs (ACAP) from institutions with accredited nursing programs and the chairperson, or designee, of the South Carolina Council of Deans and Directors in Nursing Education, shall determine and distribute the funds to the institutions where such faculty are employed.  The governing body of the institution, pursuant to its procedures, shall then allocate these enhancements among its affected faculty in such amounts as it determines appropriate consistent with their salary guidelines.
     5A.28.      (CHE: Higher Education Task Force) The funds appropriated to the Commission on Higher Education for the Task Force on Higher Education Study Committee shall be utilized to establish the Higher Education Task Force whose mission shall be to develop and recommend an evolving, multi-year statewide strategic plan for higher education in South Carolina to meet the needs of the state as can be addressed by higher education.
     The task force shall consist of nine members appointed as follows:  three by the Governor, one by the President Pro Tempore of the Senate, one by the Speaker of the House of Representatives, one by the Chairman of the Senate Finance Committee, one by the Chairman of the House Ways and Means Committee, one by the Chairman of the Senate Education Committee, and one by the Chairman of the House Education and Public Works Committee.  The members appointed shall include persons knowledgeable in issues involving higher education to include, but not be limited to, higher education officials, K-12 education officials, and members of the business community.  The task force shall elect its chairman from among its appointed members.
     The task force shall review the current higher education mission and goals as set forth in Section 59-103-15 of the 1976 Code, taking into consideration the areas identified by the Governor's Task Force on Higher Education in their final report issued September 28, 2006, and shall also review all state supported higher education scholarship and grant programs.
     Upon completion of the review the task force shall develop and recommend a Statewide Higher Education Strategic Plan which shall include, but not be limited to, the following five aspects of higher education as recommended by the Governor's Task Force on Higher Education's final report
           1)      Institutional Missions and Academic Programs and Planning;
           2)      Enrollment;
           3)      Funding and Institutional Cost;
           4)      Buildings, Facilities, and Information Technology; and
           5)      Organization and Plan Implementation.
     The Plan shall also include recommendations for all state supported higher education scholarship and grant programs whether funded through the Education Lottery Account or through the State General Fund.
     The task force shall submit recommendations for the Higher Education Statewide Strategic Plan to the General Assembly by February 1, 2008.

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.
     5B.2.      (HETG: Tuition Grants)  In the event at least $2,480,000 of additional General Funds and/or Lottery Funds are appropriated and/or authorized in the current fiscal year for tuition grants above the amount of General Funds and Lottery Funds appropriated and/or authorized in Fiscal Year 2006-07, up to $2,480,000 shall be utilized for eligible students attending an independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina.

SECTION 5D - H12 - CLEMSON UNIVERSITY EDUCATIONAL & GENERAL

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

SECTION 5K - H45 - UNIVERSITY OF SOUTH CAROLINA

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

SECTION 5J - H24 - SOUTH CAROLINA STATE UNIVERSITY

     5J.1.      (SCSU: BRIDGE Program)  The funds appropriated to South Carolina State University for the BRIDGE Program shall be utilized to recruit minority high school students along the I-95 corridor into the teaching profession by offering them, while still in high school, access to counseling, mentoring, on campus summer enrichment programs, and opportunities for dual enrollment credits at South Carolina State University for the purpose of preparing these students to major in education and to become future teachers along the I-95 corridor.

SECTION 5M - H54 - MEDICAL UNIVERSITY OF SOUTH CAROLINA

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

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 the "Center for Accelerated Technology Training", 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 the "Center for Accelerated Technology Training" 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: Chester Technology Center)  York Technical College is authorized to supplement the current project budget from local or other college institutional funds for the Chester Technology Center in an amount sufficient to complete the project based on competitive bids with a current projected cost of $8,500,000.  The completion must be conducted in a manner that meets the college's instructional needs and schedule.  To the extent additional state funds are provided, such funds may be used to reimburse the local or college institutional funds.

SECTION 6 - H67 - EDUCATIONAL TELEVISION COMMISSION

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

SECTION 7 - H73 - DEPARTMENT OF VOCATIONAL REHABILITATION

     7.1.      (VR: Production Contracts Revenue)  All revenues derived from production contracts earned by the handicapped trainees of the Evaluation and Training Facilities (Workshops) may be retained by the State Agency of Vocational Rehabilitation and used in the facilities for Client Wages and any other production costs; and further, any excess funds derived from these production contracts may be used for other operating expenses and/or permanent improvements of these facilities.
     7.2.      (VR: Reallotment Funds)  To maximize utilization of federal funding and prevent the loss of such funding to other states in the Basic Service Program, the State Agency of Vocational Rehabilitation be allowed to budget reallotment and other funds received in excess of original projections in following State fiscal years.
     7.3.      (VR: Basic Support Program Reconciliation)  The General Assembly hereby directs the Department of Vocational Rehabilitation to complete a reconciliation of the cost to operate the Basic Support program related to the combination of state and federal funds available following the close of each federal fiscal year.  Such reconciliation shall begin with the federal fiscal year ending September 30, 1989.  Federal funds participation for that period shall be applied at the maximum allowable percentage and the level of those funds on hand which have resulted from the over participation of state funds shall be remitted to the general fund within 120 days following the close of the federal fiscal year.  This reconciliation and subsequent remission to the general fund shall be reviewed by the State Auditor to ensure that appropriate federal/state percentages are applied.  It is the intent of the General Assembly that federal/state percentages budgeted and appropriated shall in no way be construed as authorization for the department to retain the federal funds involved.
     7.4.      (VR: User/Service Fees)  Any revenues generated from user fees or service fees charged to the general public or other parties ineligible for the department's services may be retained to offset costs associated with the related activities so as to not affect the level of service for regular agency clients.
     7.5.      (VR: Meal Ticket Revenue)  All revenues generated from sale of meal tickets may be retained by the agency and expended for supplies to operate the agency's food service programs or cafeteria.
     7.6.      (VR: Basic Services Program - Educational Scholarships)  For those persons with disabilities who are eligible for and are receiving services under an approved plan of the S.C. Vocational Rehabilitation Department (consistent with the 1973 Rehabilitation Act, as amended) tuition costs at state supported institutions (four year, technical, or trade schools) will not increase beyond the 1998 tuition rate, will be provided, or will be waived by the respective institution after the utilization of any other federal or state student aid for which the student is eligible.  Persons eligible for this tuition reduction or sponsorship must meet all academic requirements of the particular institution and be eligible for State need-based scholarships as defined in Title 59, Chapter 142 of the South Carolina Code of Laws.

SECTION 8 - J02 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

     8.1.      (DHHS: Recoupment/Restricted Fund)  The Department of Health and Human Services shall recoup all refunds and identified program overpayments and all such overpayments shall be recouped in accordance with established collection policy.  Further, the Department of Health and Human Services is authorized to maintain a restricted fund, on deposit with the State Treasurer, to be used to pay for liabilities and improvements related to enhancing accountability for future audits.  The restricted fund will derive from prior year program refunds.  The restricted fund shall not exceed one percent of the total appropriation authorization for the current year.  Amounts in excess of one percent will be remitted to the general fund.
     8.2.      (DHHS: Long Term Care Facility Reimbursement Rate)  The Department, in calculating a reimbursement rate for long term care facility providers, shall obtain for each contract period an inflation factor, developed by the Budget and Control Board, Division of Budget and Analyses.  Data obtained from Medicaid cost reporting records applicable to long term care providers will be supplied to the Budget and Control Board, Division of Budget and Analyses.  A composite index, developed by the Budget and Control Board, Division of Budget and Analyses will be used to reflect the respective costs of the components of the Medicaid program expenditures in computing the maximum inflation factor to be used in long term care contractual arrangements involving reimbursement of providers.  The Division of Budget and Analyses of the Budget and Control Board shall update the composite index so as to have the index available for each contract renewal.
     The department may apply the inflation factor in calculating the reimbursement rate for the new contract period from zero percent (0%) up to the inflation factor developed by the Division of Budget and Analyses.
     8.3.      (DHHS: Medical Assistance Audit Program Remittance)  The Department of Health and Human Services shall remit to the general fund an amount representing fifty percent (allowable Federal Financial Participation) of the cost of the Medical Assistance Audit Program as established in the State Auditor's Office of the Budget and Control Board Section 63A.  Such amount shall also include appropriated salary adjustments and employer contributions allocable to the Medical Assistance Audit Program.  Such remittance to the general fund shall be made monthly and based on invoices as provided by the State Auditor's Office of the Budget and Control Board.
     8.4.      (DHHS: Third Party Liability Collection)  The Department of Health and Human Services is allowed to fund the net costs of any Third Party Liability and Drug Rebate collection efforts from the monies collected in that effort.
     8.5.      (DHHS: Medicaid State Plan)  Where the Medicaid State Plan is altered to cover services that previously were provided by 100% state funds, the department can bill other agencies for the state share of services provided through Medicaid.  The department will keep a record of all services affected and submit periodic reports to the Senate Finance and House Ways and Means Committees.
     8.6.      (DHHS: Medically Indigent Assistance Fund)  The department is authorized to expend disproportionate share funds to all eligible hospitals with the condition that all audit exceptions through the receipt and expenditures of these funds are the liability of the hospital receiving the funds.
     8.7.      (DHHS: Admin. Days/Swing Beds Reduction Prohibition)  Funds appropriated herein for hospital administrative days and swing beds shall not be reduced in the event the agency cuts programs and the services they provide.
     8.8.      (DHHS: Nursing Home Sanctions)  The Department of Health and Human Services is authorized to establish an interest bearing restricted fund with the State Treasurer, to deposit fines collected as a result of nursing home sanctions.  The department may use these funds consistent with the provision of Section 44-6-470.
     8.9.      (DHHS: 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.
     8.10.      (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.
     8.11.      (DHHS: Registration Fees)  The department is authorized to receive and expend registration fees for educational, training, and certification programs.
     8.12.      (DHHS: Chiropractic Services)  From the funds appropriated herein, the department is directed to provide coverage for medically necessary chiropractic services for Medicaid eligible recipients.
     8.13.      (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 Section 40-43-86(H)(6) shall not be required.
     8.14.      (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.
     8.15.      (DHHS: Medicaid Eligibility/Promissory Note)  Notwithstanding any other provision of law and except as provided below, any promissory note received by a Medicaid applicant or recipient or the spouse of a Medicaid applicant or recipient, after the enactment of this section, in exchange for assets which if retained by the applicant or recipient or his spouse would cause the applicant or recipient to be ineligible for Medicaid benefits, shall for Medicaid eligibility purposes be deemed to be fully negotiable under the laws of the State of South Carolina unless it contains language plainly stating that it is not transferable under any circumstances.  A promissory note will be considered valid for Medicaid purposes only if it is actuarially sound, requires monthly installments that fully amortize it over the life of the loan, and is free of any conditional or self-canceling clauses.
     8.16.      (DHHS: Fraud and Abuse Collections)  The Department of Health and Human Services may offset the administrative costs associated with controlling fraud and abuse.
     8.17.      (DHHS: Hospital Tax - Medicaid Expansion Fund)   The tax on licensed hospitals imposed pursuant to Article 11, Chapter 23, Title 12 of the 1976 Code, must initially equal two hundred and sixty-four million dollars.  The amount of each general hospital's tax shall be derived from Schedule B, Part 1 of each hospital's cost report.  The initial annual tax shall be collected, beginning July 1, 2006, based upon the reconciled account of each general hospital under this Article considering any partial payments or uncollected portion of the previous assessment under this Article for the fiscal year ending June 30, 2006 and upon notification from the Department of Revenue, on behalf of and based upon calculations performed by the Department of Health and Human Services, each general hospital shall remit the balance due based on a payment schedule as determined by the Department of Health and Human Services.  Furthermore, beginning July 1, 2006, on the first day of each quarter, each general hospital shall remit one-fourth of a second and each successive annual tax, as calculated above, based upon operations conducted during the fiscal year ending June 30, 2007, and each successive state fiscal year, to the Department of Revenue.  The tax must be paid for each quarter a hospital is in operation.  If a hospital ceases operations, the taxes not paid as a result of the cessation of operations must be apportioned among other hospitals in operation.  In addition to the purposes specified in Section 44-6-155, monies in the Medicaid Expansion Fund shall be used to provide healthcare coverage to the Medicaid-eligible and uninsured populations in South Carolina.
     8.18.      (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.
     8.19.      (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.
     8.20.      (DHHS: Prescription Reimbursement Payment Methodology)  The prescription dispensing fee for the current fiscal year is not less than $4.05 per prescription filled.  Prescription reimbursements must be the lowest of: the federal upper limit of payment or South Carolina maximum allowable cost (MAC) for the drug, if any, less 10% plus the current dispensing fee; the average wholesale price (AWP) less 10%; or the provider's usual and customary charge to the general public for the dispensed product.  The Department of Health and Human Services shall adjust the dispensing fee as necessary to offset any negative change in the federal reimbursement methodology from the prior fiscal year.  The department shall submit a report by January 31, 2008 to the Chairmen of the House Ways and Means Committee and the Senate Finance Committee summarizing any changes in the federal reimbursement methodology and the impact of the changes on the state prescription reimbursement payment.
     8.21.      (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.
     8.22.      (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.
     8.23.      (DHHS: Medicaid Cost Savings Suggestion Award Program)  The department is authorized to provide cash or honorary awards to employees of Medicaid providers whose suggestion is adopted by the committee administering the Medicaid Cost Savings Suggestion Award Program that will result in savings of state or federal dollars.  Employees of the department are not eligible for cash awards.  The department is authorized to fund this program from revenue from third party liability collections.  The maximum amount of funds that may be used annually for the program is $20,000.
     8.24.      (DHHS: Program Integrity Efforts)  The Department of Health and Human Services is instructed to expand its program integrity efforts by utilizing resources both within and external to the agency including, but not limited to, the ability to contract with other entities for the purpose of maximizing the department's ability to detect and eliminate provider fraud.
     8.25.      (DHHS: Pharmacy and Therapeutics Committee)  There is established within the department the Pharmacy and Therapeutics Committee.  The committee must consist of fifteen members appointed by the director and serving at his pleasure.  The members must include eleven physicians and four pharmacists licensed to practice in South Carolina and actively engaged in providing services to the South Carolina Medicaid population.  The physicians may include, but are not limited to, doctors who have experience in treating diabetes, cancer, HIV/AIDS, mental illness, and hemophilia and who practice in internal medicine, primary care, and pediatrics.  The committee shall adopt by-laws that include, at a minimum, the length of a membership.  A chairman and a vice chairman shall be elected on an annual basis from the committee membership.  Committee members must not be compensated for service on the committee.  However, committee members may be reimbursed for actual and necessary expenses incurred pursuant to discharging committee duties in an amount not to exceed the mileage and subsistence amounts allowed by law for members of boards, commissions, and committees.  The committee must meet at least quarterly and may meet at other times at the discretion of the chairman or the director of the department.  Committee meetings are subject to the provisions of the Freedom of Information Act.  The department shall publish notice of regular business meetings of the committee at least thirty days before the meeting.  However, the director or chairman may call special meetings of the committee and provide such notice as may be practical.  The committee must provide for public comment, including comment on clinical and patient care data from Medicaid providers, representatives of the pharmaceutical industry, and patient advocacy groups.  Proprietary information as defined in the trade secret law shall not be discussed.  Trade secrets as defined in Section 30-4-40(a)(1) and relevant federal law must not be publicly disclosed.  The committee must recommend to the department therapeutic classes of drugs that should be included on a Preferred Drug List.  For those recommended classes, the committee shall recommend the drug or drugs considered preferred within that class based on safety and efficacy.  In determining safety and efficacy, the committee may consider all submitted public comment or clinical information including, but not limited to, scientific evidence, standards of practice, peer-reviewed medical literature, randomized clinical trials, pharmacoeconomic studies, and outcomes research data.  The committee also shall recommend prior authorization criteria for nonpreferred drugs in the recommended therapeutic classes.  Any Preferred Drug List program implemented by the department must include:  (1) procedures to ensure that a request for prior authorization that has no material defect or impropriety can be processed within twenty-four hours of receipt; (2) procedures to allow the prescribing physician to request and receive notice of any delays or negative decision in regard to a prior authorization; (3) procedures to allow the prescribing physician to request and receive a second review of any denial of a prior authorization request; and (4) procedures to allow a pharmacist to dispense an emergency, seventy-two hour supply of a drug requiring prior authorization without such prior authorization if the pharmacist: (a) has made a reasonable attempt to contact the physician and request that the prescribing physician secure prior authorization; and (b) reasonably believes that refusing to dispense a seventy-two-hour would unduly burden the Medicaid recipient and produce an undesirable health consequences.  A grant of prior authorization for a drug is specific to the drug, rather than the actual prescription, and extends to all refills allowed pursuant to the original prescription and to subsequent prescriptions for the same drug at the same dosage provided the time allowed by the prior authorization has not expired.  A Medicaid recipient who has been denied prior authorization for a prescribed drug is entitled to appeal this decision through the department's appeals process.
     8.26.      (DHHS: Medicaid Quarterly Fiscal Impact Statements)  Effective July 1, the director must submit quarterly fiscal impact statements to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee itemizing changes to the Medicaid program for the reporting period.
     8.27.      (DHHS: Prior Authorization Exemptions)  The Department of Health and Human Services must expend funds appropriated for pharmaceutical services without prior authorization on medications prescribed to treat major depression, schizophrenia, or bipolar disorder as defined by the most recent edition of the Diagnostics and Statistical Manual of the American Psychiatric Association or following prescribing practice guidelines established by the American Psychiatric Association, or HIV/acquired immune deficiency syndrome, or oncology related pharmaceuticals.  Operational procedures necessary to insure the appropriate use and prevent the non-FDA approved use of these medications will be allowed.
     8.28.      (DHHS: Post Payment Review)  The department is directed to perform post payment reviews as permitted under Medicaid regulations to ensure compliance with the Hyde Amendment provisions as it relates to the performance of medically necessary services under the Medicaid program.  The results of such reviews shall be available to the General Assembly upon request in a format that meets the requirements of the Health Insurance Accountability and Portability Act (HIPAA) and Medicaid confidentiality regulations.
     8.29.      (DHHS: Prevention Partnership Grants)  The Department of Health and Human Services must implement a Prevention Partnership Grants Program with funds appropriated herein for prevention grants.  Of these funds $1,000,000 shall be allocated to the Department of Health and Environmental Control for HIV Prevention.  Of the funds, $200,000 shall be allocated to the Eastover Medical Center.  Grants must be awarded through a competitive process to government agencies, private foundations and businesses, and/or non-profit organizations that operate preventive health programs with documented outcomes.  To prevent duplication, the department must also function as a clearinghouse for all of the state's prevention and healthy lifestyle activities identified in the activity inventories agencies submitted to the State Budget Office.  Information provided to the department for the clearinghouse must include, at a minimum, details on expenditures, administrative costs, recipients, and outcomes.  The department will use this clearinghouse to identify gaps and overlaps in the state's prevention and healthy lifestyle efforts, and then develop and present to the Governor and Chairmen of the Senate Finance, House Ways and Means, Senate Medical Affairs, and House Medical, Military, Public and Municipal Affairs Committees an interagency state prevention and healthy living plan, including guidelines for administration and distribution of prevention partnership grants, annually by September 30th.  All state agencies, whether specifically identified in this section or not, must provide information upon the department's request.
     8.30.      (DHHS: Medicaid Cost and Quality Effectiveness)  The Department of Health and Human Services shall establish a procedure to assess the various forms of managed care (Health Maintenance Organizations and Medical Home Networks, and any other forms authorized by the department) to measure cost effectiveness and quality.  These measures must be conducted by December 15 of each year.  In addition to the cost effectiveness calculations, HMOs and MHNs must conduct annual patient and provider satisfaction surveys equivalent to those sanctioned by nationally recognized managed care accrediting organizations.  Cost effectiveness shall be determined in an actuarially sound manner and data must be aggregated in a manner to be determined by a third party actuary in order to adequately compare cost effectiveness of the different managed care programs.  The program measures must use a case-mix adjustment that encourages the managed care organizations to enroll and manage all beneficiaries.  The results of the cost effectiveness calculations and the patient and provider satisfaction surveys must be made available to the Speaker of the House, Chairman of the Ways and Means Committee, President Pro Tempore of the Senate, and Chairman of the Senate Finance Committee no less than 45 days after the measures have been collected.
     8.31.      (DHHS: Targeted Case Management)  The funds appropriated in Part IA, Section 8, Program II.A.6 for Targeted Case Management shall be distributed by the department in the following manner:  $180,000 to the School for the Deaf and the Blind; $115,600 to the Department of Health and Environmental Control; $632,641 to the Department of Mental Health; $272,000 to Department of Alcohol and Other Drug Abuse Services; and $17,000,000 to the Department of Social Services.
     8.32.      (DHHS: Program for All-Inclusive Care for the Elderly)  By September 1,2006, the Department of Health and Human Services shall study the feasibility of the expansion of the PACE Program to Orangeburg and Calhoun Counties and report its findings to the Chairmen of the House Ways and Means Committee and the Senate Finance Committee.
     8.33.      (DHHS: Hemophilia Study Committee)  The Department of Health and Human Services in conjunction with the Department of Health and Environmental Control must report to the Governor, the Chairman of  the Senate Finance Committee, the Chairman of the House Ways and Means Committee on the costs of converting our state's hemophilia assistance program to a Medicaid program, the potential impact to individuals who qualify under our current program but would not qualify under Medicaid, and best practices employed by other states.  This report is due no later than December 15, 2006.
     8.34.      (DHHS: Federally Qualified Health Centers-Pharmacies)  (A)  Federally qualified health centers are exempt suspended from provisions of Chapter 43, Title 40 of the 1976 Code that require:
           (1)      all facilities distributing or dispensing prescription drugs to be permitted by the Board of Pharmacy;
           (2)      each pharmacy to have a pharmacist-in-charge;
           (3)      a pharmacist to be physically present in the pharmacy or health center delivery site in order to serve as the pharmacist-in-charge;
           (4)      a pharmacist to serve as a pharmacist-in-charge for only one pharmacy at a time.
     (B)      A federally qualified health center must be recognized as a covered entity under Section 40-43-60(I) of the 1976 Code allowing licensed practitioners, as defined by Section 40-43-30(45), to dispense drugs or devices that are the lawful property of the practitioner or the corporation.
     (C)      A federally qualified health center may transport medications in the same manner as allowed by laws for free clinics and/or private physician practices.
     8.35.      (DHHS: High Management Group Homes/Psychiatric Residential Treatment Facility)  An existing facility currently licensed by the South Carolina Department of Social Services and enrolled with the Medicaid agency as a High Management Group Home provider may elect to be enrolled with the Medicaid agency as a Psychiatric Residential Treatment Facility and licensed by the Department of Health and Environmental Control as a Residential Treatment Facility provided the facility meets the following criteria:
           1)      Department of Health and Environmental Control licensing standards outlined in Regulation 61-103 regarding Residential Treatment Facilities;
           2)      State and federal laws, regulations, and policies regarding participation as a Psychiatric Residential Treatment Facility.
     A High Management Group Home facility may request and be granted a Certificate of Need exemption from the Department of Health and Environmental Control for up to the number of beds existing as of January 1, 2007.  Any such request must be submitted to DHEC prior to January 1, 2008.  If the current High Management Group Home facility cannot meet licensing standards or obtain an exemption or waiver from licensing standards of the Department of Health and Environmental Control, the High Management Facility, licensed by the Department of Social Services and enrolled with the Medicaid agency as a High Management Group Home, may move and rebuild within the adjacent 20 miles up to the number of beds existing at the facility on January 1, 2007 and obtain the same exemptions.  Facilities seeking to increase the existing number of beds beyond those held on January 1, 2007, or relocate outside of the 20 mile radius will be subject to all CON and licensing requirements.
     High Management Group Homes not electing to operate as a Psychiatric Residential Treatment Facility may continue to receive non-Medicaid state and federal funds only, except as allowed under a transition plan authorized by the Medicaid agency.
     8.36.      (DHHS: State Children's Health Insurance Program)  The Department of Health and Human Services shall establish a separate, stand-alone plan under the authority of the State Children's Health Insurance Program (SCHIP) for the purpose of expanding eligibility for children up to two hundred percent (200%) of the prevailing federal poverty level.  All other Medicaid eligibility criteria shall apply.  For these purposes, a child is considered to be an individual under the age of nineteen.  This plan shall operate as a combination program complementing existing Medicaid and Medicaid SCHIP expansion programs. The program shall be modeled on private insurance and the benefits package must be substantially equal to the benefits provided by:  1) Federal Employee Health Benefits Program Standard Option; or, 2) a plan offered to state employees; or, 3) a plan offered by an HMO with the largest commercial enrollment in the state; or, 4) a plan approved by the Secretary of the Federal Department of Health & Human Services.  The private benefit plan must include dental and visual benefits substantially equal to those benefits currently offered to existing beneficiaries under the Medicaid program.  Implementation of this program is contingent upon the availability of Federal funding appropriated for this purpose.  The department shall be authorized to limit the number of enrollees, close enrollment, or establish a waiting list as necessary so as not to exceed available state appropriations.  No cost sharing provision shall be applied.  Enrollment will begin no sooner than October 1, 2007.
     8.37.      (DHHS: South Carolina Child Abuse and Neglect Medical Response Program)  Of the funds already appropriated, the Department of Health and Human Services shall establish the South Carolina Child Abuse and Neglect Medical Response Program, a coordinated program to address the medical needs of children who are suspected victims of child abuse or neglect.  The program shall be responsible for:  (a) improving the quality and consistency of forensic medical services provided to children; (b) increasing the number of qualified medical providers in the State; and (c) providing forensic medical resources to medical providers, agencies, and other organizations involved in the assessment, investigation, and prosecution of child abuse and neglect.
     8.38.      (DHHS: In-Home Nursing Program)  DELETED
     8.39.      (DHHS: Cash Balances)  The Department of Health and Human Services is granted the authority to use available cash balances to maintain the required level of services in the Medicaid program.
     8.40.      (DHHS: IMD Study Committee)  The Department of Health and Human Services shall coordinate a committee to study the availability of care and services provided to adult residents by community residential care facilities in South Carolina.  The committee shall consist of seven members as follows; two members appointed by the Governor, one of whom shall serve as chairman, one member appointed by the President Pro Tempore of the Senate, one member appointed by the Speaker of the House, one member appointed by the Chairman of the Senate Finance Committee, one member appointed by the Chairman of the Ways and Means Committee and the Director of the Department of Health and Human Services or his designee who shall serve ex-officio.  The appointed members may be from either the public or private sector of the state.  The committee is tasked with studying the manner in which services are provided to adults in residential care facilities and making recommendations about the specific services that should be provided and the manner in which they should be provided.  The committee shall consider the impact that the Federal Institute of Mental Disease (IMD) exclusion may have on the cost and accessibility of services provided by community residential care facilities.  The committee shall report their findings to the General Assembly and the Governor no later than June 9, 2008.  Committee members shall serve without compensation.
SECTION 9 - J04 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

     9.1.      (DHEC: County Health Departments Funding)  Out of the appropriation provided in this section for "Access to Care", the sum of $25,000 shall be distributed to the county health departments by the commissioner, with the approval of the Board of Department of Health and Environmental Control, for the following purposes:
           1.      To insure the provision of a reasonably adequate public health program in each county.
           2.      To provide funds to combat special health problems that may exist in certain counties.
           3.      To establish and maintain demonstration projects in improved public health methods in one or more counties in the promotion of better public health service throughout the State.
           4.      To encourage and promote local participation in financial support of the county health departments.
           5.      To meet emergency situations which may arise in local areas.
           6.      To fit funds available to amounts budgeted when small differences occur.
     The provisions of this proviso shall not supersede or suspend the provisions of Section 13-7-30 of the 1976 Code.
     9.2.      (DHEC: County Special Projects)  Counties may continue to fund special projects in conjunction with the county health departments.  Salaries for county special project employees, including merit increases and fringe benefits, shall be totally funded by the counties involved.  County special project employees shall not be under the state compensation plan and they shall receive their compensation directly from the counties.
     9.3.      (DHEC: County Health Units)  Federal funds made available to the Department of Health and Environmental Control for the allocation to the counties of the State for operation of county health units be allotted on a basis approved by the Board of the Department of Health and Environmental Control and the amount of state funds appropriated herein for Access to Care, except for salary increases, shall be allocated on a basis such that no county budget shall receive less than the amount received in the prior fiscal year.
     9.4.      (DHEC: Camp Burnt Gin)  Private donations or contributions for capital improvements at Camp Burnt Gin shall be deposited in a restricted account and carried forward until sufficient amounts are available for such improvements.  Any expenditures from the account must first be approved by the Budget and Control Board and the Joint Bond Review Committee.
     9.5.      (DHEC: Children's Rehabilitative Services)  The Children's Rehabilitative Services shall be required to utilize any available financial resources including insurance benefits and/or governmental assistance programs, to which the child may otherwise be entitled in providing and/or arranging for medical care and related services to physically handicapped children eligible for such services, as a prerequisite to the child receiving such services.
     9.6.      (DHEC: Cancer/Hemophilia)  Notwithstanding any other provisions of this act, the funds appropriated herein for prevention, detection and surveillance of cancer as well as providing for cancer treatment services $1,021,119 and the hemophilia assistance program, $1,972,013 shall not be transferred to other programs within the agency and when instructed by the Budget and Control Board or the General Assembly to reduce funds within the department by a certain percentage, the department may not act unilaterally to reduce the funds for any cancer treatment program and hemophilia assistance program provided for herein greater than such stipulated percentage.
     9.7.      (DHEC: Speech & Hearing)  The Department of Health and Environmental Control shall utilize so much of the funds appropriated in this section as may be necessary to continue the Speech and Hearing programs.
     9.8.      (DHEC: Local Health Departments)  Counties of the state will be relieved of contribution requirements for salary, fringe benefits and travel reimbursement to local health departments.  The amount of $5,430,697 is appropriated for county health department salaries, fringe benefits and travel.  These funds and other state funds appropriated for county health units may, based upon need, be utilized in either salary or travel categories.  Each county shall provide all other operating expenses of the local health department in an amount at least equal to that appropriated for operations for each county in Fiscal Year 1981.  In the event any county makes uniform reductions in appropriations to all agencies or departments for maintenance and operations, exclusive of salaries and fringe benefits, a like reduction shall be made in funds appropriated for the operating expenses of the local health department.
     9.9.      (DHEC: Insurance Refunds)  The Department of Health and Environmental Control is authorized to budget and expend monies resulting from insurance refunds for prior year operations for case services in family health.
     9.10.      (DHEC: Emergency Medical Services)  Funds appropriated herein for Emergency Medical Services, shall be allocated for the purpose of improving and upgrading the EMS system throughout the state.  The monies allocated to the Counties are for the purpose of improving or upgrading the local EMS system through the licensed ambulance services, the monies allocated to the EMS Regional Councils are for the administration of training programs and technical assistance to local EMS organizations and county systems.  All additional funds are to be allocated as follows:  to the counties at the ratio of 81% of the additional funds appropriated herein, to the EMS Regions at a ratio of 12% of the additional funds appropriated herein and to the state EMS Office at the ratio of 7% of the additional funds appropriated herein.  The Department of Health and Environmental Control shall develop criteria and guidelines and administer the system to make allocations to each region and county within the state, based on demonstrated need and local match.  Funds appropriated, $2,138,803, to Emergency Medical Services shall not be transferred to other programs within the department's budget.  Unexpended funds appropriated to the program may be carried forward to succeeding fiscal years and expended for administrative and operational support (excluding salaries) and for temporary and contract employees to assist with duties related to improving and upgrading the EMS system throughout the state, including training of EMS personnel and administration of grants to local EMS providers.  In addition, when instructed by the Budget and Control Board or the General Assembly to reduce funds by a certain percentage, the department may not reduce the funds appropriated for EMS Regional Councils or Aid to Counties greater than such stipulated percentage.
     9.11.      (DHEC: Rape Violence Prevention Contract)  Of the amounts appropriated in Rape Violence Prevention, $586,346 shall be used to support programmatic efforts of the state's rape crisis centers with distribution of these funds based on the Department of Health and Environmental Control Rape Violence Prevention Program service standards and each center's accomplishment of a pre-approved annual action plan.
     9.12.      (DHEC: Sickle Cell Blood Sample Analysis)  $16,000 is appropriated in Independent Living for the Sickle Cell Program for Blood Sample Analysis and shall be used by the department to analyze blood samples submitted by the four existing regional programs - Region I, Barksdale Sickle Cell Anemia Foundation in Spartanburg; Region II, Clark Sickle Cell Anemia Foundation in Columbia; Region III, Committee on Better Racial Assurance Hemoglobinopathy Program in Charleston; and the Orangeburg Area Sickle Cell Anemia Foundation.
     9.13.      (DHEC: Sickle Cell Programs)  $1,425,000 is appropriated for Sickle Cell program services and shall be apportioned as follows:
           (1)      67% is to be divided equitably between the existing Community Based Sickle Cell Programs located in Spartanburg, Columbia, Orangeburg, and Charleston; and
           (2)      33% is for the Community Based Sickle Cell Program at DHEC.
     The funds shall be used for providing prevention programs, educational programs, testing, counseling and newborn screening.  The balance of the total appropriation must be used for Sickle Cell Services operated by the Independent Living program of DHEC.  The funds appropriated to the community based sickle cell centers shall be reduced to reflect any percent reduction assigned to the Department of Health and Environmental Control by the Budget and Control Board; provided, however, that the department may not act unilaterally to reduce the funds for the Sickle Cell program greater than such stipulated percentage.  The department shall not be required to undertake any treatment, medical management or health care follow-up for any person with sickle cell disease identified through any neonatal testing program, beyond the level of services supported by funds now or subsequently appropriated for such services.  No funds appropriated for ongoing or newly established sickle cell services may be diverted to other budget categories within the DHEC budget.
     9.14.      (DHEC: Genetic Services)  The sum of $194,856 appearing under the Independent Living program of this act shall be appropriated to and administered by the Department of Health and Environmental Control for the purpose of providing appropriate genetic services to medically needy and underserved persons.  Such funds shall be used by the department to administer the program and to contract with appropriate providers of genetic services.  Such services will include genetic screening, laboratory testing, counseling, and other services as may be deemed beneficial by the department, and these funds shall be divided equally among the three Regional Genetic Centers of South Carolina, composed of units from the Medical University of South Carolina, the University of South Carolina School of Medicine, and the Greenwood Genetic Center.
     9.15.      (DHEC: Revenue Carry Forward Authorization)  The Department of Health & Environmental Control is hereby authorized to collect, expend, and carry forward revenues in the following programs: Sale of Goods (confiscated goods, arm patches, etc.), sale of meals at Camp Burnt Gin, sale of publications, brochures, Spoil Easement Areas revenue, performance bond forfeiture revenue for restoring damaged critical areas, beach renourishment appropriations, photo copies and certificate forms, including but not limited to, pet rabies vaccination certificate books, sale of listings and labels, sale of State Code and Supplements, sale of films and slides, sale of maps, sale of items to be recycled, including, but not limited to, used motor oil and batteries, sale and/or licensing of software products developed and owned by the Department, and collection of registration fees for non-DHEC employees.  Any unexpended balance carried forward must be used for the same purpose.
     9.16.      (DHEC: Pharmacist Permits)  The Department of Health and Environmental Control shall be exempted from the requirements of Section 40-43-83 of the 1976 Code of Laws, as amended, as it relates to the requirement that all facilities distributing or dispensing prescription drugs must be permitted by the Board of Pharmacy and the requirement that each pharmacy shall have a pharmacist-in-charge.  Each DHEC Health District shall be required to have a permit to distribute or dispense prescription drugs.  Further, the department shall be exempted from the requirements of Section 40-43-86 of the 1976 Code of Laws, as amended, as it relates to the requirement that a pharmacist may not serve as pharmacist-in-charge unless he is physically present in the pharmacy and the requirement that a pharmacist may not serve as a pharmacist-in- charge for more than one pharmacy at a time, so that one pharmacist-in-charge may be designated by the department for more that one district.
     9.17.      (DHEC: Medicaid Nursing Home Bed Days)  Pursuant to Section 44-7-84(A) of the 1976 Code, the maximum number of Medicaid patient days for which the Department of Health and Environmental Control is authorized to issue Medicaid nursing home permits is 4,452,015.
     9.18.      (DHEC: Health Licensing Fee)  Funds resulting from an increase in the Health Licensing Fee Schedule shall be retained by the department to fund increased responsibilities of the health licensing programs.  Failure to submit a license renewal application or fee to the department by the license expiration date shall result in a late fee of $75 or 25% of the licensing fee amount, whichever is greater, in addition to the licensing fee.  Continual failure to submit completed and accurate renewal applications and/or fees by the time period specified by the department shall result in enforcement actions.  The department may waive any or all of the assessed late fees in extenuating circumstances, as long as it is with public knowledge.
     9.19.      (DHEC: Medical & Dental Loan Program)  Notwithstanding other provisions of law, unobligated funds in the Medical & Dental Loan program may be expended for other health service programs.
     9.20.      (DHEC: Infectious Waste Contingency Fund)  The Department of Health and Environmental Control is authorized to use not more than $75,000 from the Infectious Waste Contingency Fund per year for personnel and operating expenses to implement the Infectious Waste Act.
     9.21.      (DHEC: Nursing Home Medicaid Bed Day Permit)  When transfer of a Medicaid patient from a nursing home is necessary due to violations of state or federal law or Medicaid certification requirements, the Medicaid patient day permit shall be transferred with the patient to the receiving nursing home.  The receiving facility shall apply to permanently retain the Medicaid patient day permit within sixty days of receipt of the patient.
     9.22.      (DHEC: Mineral Sets Revenue)  The department is authorized to charge a reasonable fee for mineral sets.  Funds generated from the sale of mineral sets may be retained by the department in a revolving account with a maximum carry forward of $2,000 and must be expended for mineral set supplies and related mining and reclamation educational products.
     9.23.      (DHEC: Spoil Easement Areas Revenue)  The department is authorized to collect, retain and expend funds received from the sale of and/or third party use of spoil easement areas, for the purpose of meeting the State of South Carolina's responsibility for providing adequate spoil easement areas for the Atlantic Intracoastal Waterway in South Carolina.
     9.24.      (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.
     9.25.      (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.  Facilities licensed as of July 1, 2006 shall not have their Medicaid permits or licensed bed capacity reduced by the department except as provided in Section 44-7-84(B) or 44-7-290 of the 1976 Code.
     9.26.      (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).
     9.27.      (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.
     9.28.      (DHEC: MCH-Abstinence Education)  The agency under contract with the State of South Carolina as of December 2000, and funded with federal funds under the provisions of Title V, Section 510, must continue to be under contract at the same funding level, for the same purposes for the current fiscal year until September 30, 2004.  Applicants for Title V, Section 510 funding must have a proven and public history of having effectively implemented a program using a National Abstinence Clearinghouse (NAC) approved curricula for a minimum of one year prior to their application for the abstinence-only federal funds.  NAC is the agency the federal Department of Health and Human Services has chosen to provide a comprehensive, national list of approved abstinence-only education curricula that is consistent with the A through H legislative requirements defined in Title V, Section 510(b)(2).  A five member committee shall oversee the bid process.  The five member committee shall be composed as follows:  the President Pro Tempore of the Senate shall appoint two members of the committee, the Speaker of the House shall appoint two members of the committee and the Governor shall appoint one member of the committee.
     9.29.      (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.
     9.30.      (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.
     9.31.      (DHEC: Health Disparities Study)  The Department of Health and Environmental Control will provide leadership in the implementation of the State Health Improvement Plan with specific goals similar to the national Healthy People 2010 goals and targeting health disparities among our state's minority population.  The Plan will address the areas of diabetes, cardiovascular disease, stroke, cancer, HIV/AIDS, infant mortality and childhood/adult immunizations.  Working with public and private health care institutions, state agencies and providers, DHEC will provide leadership in the coordination of services, elimination of duplication and coordination of federal and state funding.
     9.32.      (DHEC: Use of Radiological Fees)  Notwithstanding Section 13-7-85 of the 1976 Code of Laws, the Department of Health and Environmental Control is authorized to retain all funds generated above monies remitted to the general fund in FY 2000-2001 from fees listed in regulation R61-64 Title B (X-Rays).
     9.33.      (DHEC: Head Lice)  Notwithstanding any other provision of law, the Department of Health and Environmental Control is authorized to expend $200,000 in other fund accounts in order to fund the head lice program statewide.
     9.34.      (DHEC: Shift Increased Funds)  The Director is authorized to shift increased appropriated funds in this act to offset shortfalls in other critical program areas.
     9.35.      (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.
     9.36.      (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.
     9.37.      (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.
     9.38.      (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.
     9.39.      (DHEC: Recreational Waters Fees)  In addition to those fees already authorized, funds resulting from an increase in the Recreational Waters Fee Schedule as stated below shall be retained by the department to fund responsibilities for recreational waters permitting and inspection programs.
           (a)      Construction Permit Application Fees:
                       (i)      Type "A," "B," "C," "D," and, "F" Pools (as defined in 24A S.C. Code Ann. Regulation 61-51) - $400 plus $.50 per square foot of surface area;
                       (ii)      Type "E" Pools (as defined in 24A S.C. Code Ann. Regulation 61-51) - $1,000 per flume (including minimum required design landing area) or water course, to include water slide.  Additional area above minimum required landing area and all other Type "E" pools will be charged according to (i) above;
                       (iii)      The Department may collect an additional $250 from the owner for each repeat final inspection that is required due to incomplete construction or construction that is not in accordance with permitted plans and specifications.
           (b)      Annual Operating Permits:
                       (i)      Type "A," "B," "C," "D," and "F" Pools - $125 for the first pool on a property plus $100 for each additional pool on the same property;
                       (ii)      Type "E" Pools - $125 per flume or water course.
     9.40.      (DHEC: Prohibit Use of Funds)  The Department of Health and Environmental Control must not use any state appropriated funds to terminate a pregnancy or induce a miscarriage by chemical means.
     9.41.      (DHEC: Meals in Emergency Operations)  The cost of meals may be provided to state employees who are required to work during actual emergencies and emergency simulation exercises when they are not permitted to leave their stations.
     9.42.      (DHEC: Compensatory Payment)  In the event the President of the United States has declared a state of emergency or the Governor has declared a state of emergency in a county in the State, Fair Labor Standards Act exempt employees of the department may be paid for actual hours worked in lieu of accruing compensatory time, at the discretion of the agency Director, and providing funds are available.
     9.43.      (DHEC: Beach Renourishment and Monitoring)  Funds allocated for beach renourishment shall be spent in accordance with the priorities established by the department's Office of Coastal and Resource Management.  If state funds are made available from any general revenue, capital, surplus or bond funding appropriated to the department for beach renourishment and maintenance, the department shall be able to expend not more than $100,000 of these funds annually to support annual beach profile monitoring coast wide to enable the department to determine erosion rates and to identify priority areas needing renourishment and maintenance to mitigate erosion and storm damage potential.  Appropriations for beach renourishment projects that are certified by the department as excess to the final State share of project costs and the annual coast wide monitoring costs shall be allocated by the department to other beach renourishment projects on a priority basis in accordance with R.30-18.
     9.44.      (DHEC: Competitive Grants)  Of funds appropriated to the department for Competitive Grants, these funds may be released to local subdivisions or nonprofit organizations counties and municipalities for health  or environmental purposes only upon the approval of the Grants Committee of the Budget and Control Board.  The agency is prohibited from transferring these funds to other programs.  In addition, the agency may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee.
     9.45.      (DHEC: Hazardous Waste Contingency Fund)  Proviso 9.56 of Act 115 of 2005 is hereby declared by the General Assembly to be null and void.  The department is directed to return any funds collected under said proviso and abstain from collecting any further funds under that authorization.  The department is relieved from any future audit exception concerning the collection and expenditure of funds authorized by that proviso.        Beginning on July 1, 2006, all interest accruing on funds collected and held pursuant to Section 44-56-160(E) must be credited to the Hazardous Waste Contingency Fund and authorized for expenditure by the department to defray costs of governmental response actions at uncontrolled hazardous waste sites and for the purpose of response actions incidental to the transportation of hazardous materials.
     9.46.      (DHEC: Antibiotic Resistance Study Committee)  A committee is established to study the incidence of antibiotic resistance in South Carolina.  The committee is directed to develop a statewide strategy for slowing the increasing rate of antibiotic resistance.  The committee shall consist of the following members:  the director of the Department of Health and Environmental Control or his designee, the director of the Department of Health and Human Services or his designee, the president of the South Carolina Hospital Association or his designee, the president of the South Carolina Alliance of Health Plans or his designee, the president of the South Carolina Medical Association or his designee, and the president of the Pharmaceutical Manufacturers Association or his designee.  Members of the study committee shall serve without compensation.
     The committee shall receive staff support from the Department of Health and Environmental Control, the Department of Health and Human Services, the House of Representatives, and the Senate.  The results of this committee are to be reported to the General Assembly by January 15, 2007.
     9.47.      (DHEC: Suicide Prevention Plan)  The department shall provide $50,000 to the Mental Health Association in South Carolina to implement the South Carolina Suicide Prevention Plan formulated by the South Carolina Suicide Task Force.
     9.48.      (DHEC: South Carolina State Trauma Care Fund)  Of the funds appropriated to the South Carolina State Trauma Care Fund, $4,000,000 shall be utilized for increasing the reimbursement rates for trauma hospitals, for trauma specialists' professional fee, for increasing the capability of EMS trauma care providers from counties with a high rate of traumatic injury deaths to care for injury patients, and for support of the trauma system, based on a methodology as determined by the department with guidance and input from the Trauma Council as established in Section 44-61-530 of the South Carolina Code of Laws.  The methodology to be developed will include a breakdown of disbursement of funds by percentage, with a proposed 77% disbursed to hospitals and trauma physician fees, 11% 16% of the 21% must be disbursed to EMS providers for training EMTs, Advanced EMTs and paramedics by the four regional councils of this state and the remaining 10% 5% must be disbursed to EMS providers in counties with high trauma mortality rates, and 2% allocated to the department for administration of the fund and support of the trauma system.  The Department of Health and Environmental Control shall promulgate regulations as required in Section 44-61-540 of the 1976 Code for the administration and oversight of the Trauma Care Fund.
     9.49.      (DHEC: Pandemic Influenza)  The Department of Health and Environmental Control shall assess South Carolina's ability to cope with a major influenza outbreak or pandemic influenza and develop a plan to improve the state's readiness condition.  The department shall report this plan to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor by November 1, 2006.  The department, in conjunction with the Department of Health and Human Services, is also authorized to establish a fund for the purpose of developing an emergency supply and distribution system of appropriate antiviral and vaccine medicines.  In the event the United States Department of Health and Human Services makes available antivirals or vaccines for purchase by states via federal contract or federally-subsidized contract or other mechanism, the department, with Budget and Control Board approval, may access appropriated or earmarked funds as necessary to purchase an emergency supply of these medicines for the State of South Carolina.
     9.50.      (DHEC: Hemophilia Recombinant Factors)  The Department of Health and Environmental Control shall provide patients with Hemophilia the choice of recombinant factors when prescribed by a physician regardless of the patient's past Hemophilia treatment methods.
     9.51.      (DHEC: Hemophilia Premium Assistance Program)  DELETED
     9.52.      (DHEC: Savannah River National Lab)  DELETED
     9.53.      (DHEC: Hospital Infections Reports)  Of the funds appropriated to the department for Infectious Diseases, $276,245 will be allocated for Hospital Infections Reports.  The department is authorized to phase-in the reporting requirements in consultation with the advisory committee appointed pursuant to Section 44-7-2430 of the 1976 Code.
     9.54.      (DHEC: Hazardous Waste Fee)  The department is authorized to assess each company generating hazardous waste a fee based on the amount of hazardous waste generated.  Large Quantity Generators, as determined by R.61-79.262 South Carolina Hazardous Waste Regulations, producing greater than 100 tons of hazardous waste per year will be assessed an annual base fee of $1,000 per facility and a $1.50 per ton fee for all hazardous waste the company generates.  Large Quantity Generators producing 100 tons or less of hazardous waste will be assessed an annual fee of $1,000.  Small Quantity Generators will be assessed an annual fee of $500.  Fees collected under this provision shall not exceed an annual cap of $15,000 per generator.  Companies subject to fees required by Section 44-56-170(F) (1) of the 1976 Code are exempt from fees established by this provision.  The fees collected under this provision shall be deposited to the Hazardous Waste Contingency Fund for response actions at uncontrolled hazardous waste sites.
     9.55.      (DHEC: Stormwater Permitting)  The additional $515,000 and seven new FTE's appropriated for stormwater permitting shall be utilized to ensure that the timeframe for processing stormwater permits is reduced to an average of thirty days or less.  The department shall report to the Senate Finance Committee and the House Ways and Means Committee by January 15, 2008 on benchmark measurements in Fiscal Year 2007-08 as compared to the prior fiscal year.

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 1276 of 1970 (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 $3,600,000 $3,400,000 to be paid from the surplus funds in the paying patient account which has been previously designated for capital improvements and debt service under the provisions of Act 1276 of 1970.  It is the intent of the General Assembly to assist the department to reduce and eventually eliminate this obligation to the general fund.
     10.3.      (DMH: Patient Fee Account)  Notwithstanding any other provisions of law and in addition to other payments provided in Part I of this act, the Department of Mental Health is hereby authorized during the current fiscal year, to provide the funds budgeted herein for $6,214,911 for departmental operations, $400,000 for the Continuum of Care, $50,000 for the Alliance for the Mentally Ill, $250,000 for S.C. SHARE Self Help Association Regarding Emotions, $50,000 for Palmetto Pathways, $50,000 for New Day Clubhouse, $15,000 for the Children's Advocacy Center of Spartanburg, and all fees collected at the Campbell Nursing Home and other veterans facilities for day-to-day operations, from the Patient Fee Account which has been previously designated for capital improvements and debt service under provisions of Act 1276 of 1970.  The Department of Mental Health is authorized to fund the cost of Medicare Part B premiums from its Patient Fee Account up to $150,000.  The South Carolina Alliance for the Mentally Ill, the South Carolina Self-Help Association Regarding Emotions, Palmetto Pathways, New Day Clubhouse, and the Children's Advocacy Center of Spartanburg shall provide an itemized budget before the receipt of funds and quarterly financial statements to the Department of Mental Health.  DMH is authorized to use unobligated Patient Paying Fee Account funds for community transition programs.  The funds made available shall be utilized consistently with the Transition Leadership Council's definition of severely mentally ill children and adults.  The department shall report their use of these funds to the Senate Finance Committee and the House Ways and Means Committee.  This amendment is made notwithstanding other obligations currently set forth in this proviso.
     10.4.      (DMH: Institution Generated Funds)  The Department of Mental Health is authorized to retain and expend institution generated funds which are budgeted.
     10.5.      (DMH: Transfer of Patients to DDSN)  DMH is authorized to transfer to the Department of Disabilities & Special Needs, state appropriations to cover the state match related to expenditures initiated as a result of the transfer of appropriate patients from DMH to the Department of Disabilities & Special Needs.  Notwithstanding any other provisions of law and in addition to other payments as authorized in this act, DMH is also authorized to utilize up to $500,000 from the Patient Fee Account to help defray costs of these transferees.
     10.6.      (DMH: Practice Plan)  Employees of the department affiliated with the University of South Carolina School of Medicine, who hold faculty appointments in the School, may participate in the School's Practice Plan provided that participation not take place during regular working hours.  Funds generated by such participants shall be handled in accordance with University policies governing Practice Plan funds.
     10.7.      (DMH: Sexual Predator Program)  The department shall maintain a budget program to be titled the "Sexual Predator Act."  Funds appropriated and positions authorized for programs related to this act shall be shown as separate line items in this program.  These funds may be used to reimburse the department for expenses associated with the program in the prior fiscal year, but cannot otherwise be transferred to other programs.  In the event the General Assembly provides a "Community Treatment-Sex Offenders" special line item of funding, a person who is required to register as a sex offender must annually undergo an evaluation by the department to determine whether he or she poses a threat of re-offense to the community.  If such funding is provided, the department shall develop and provide a system of outpatient sex offender treatment.  If a registered sex offender is found upon evaluation by the department to pose a threat of re-offense to the community, the person must undergo outpatient sex offender treatment as recommended by the department.
     10.8.      (DMH: Huntington's Disease)  Of funds appropriated, the Department of Mental Health shall designate $150,000 for administrative and personnel costs for Huntington's Disease clinical services within the Department of Mental Health.
     10.9.      (DMH: Alzheimer's Funding)  Of the funds appropriated to the Department of Mental Health for Community Mental Health Centers, $1,000,000 must be used for contractual services to provide respite care and diagnostic services to those who qualify as determined by the Alzheimer's Disease and Related Disorders Association Upstate South Carolina Chapter and the Palmetto Chapter.  The funds are to be equally divided between the Upstate and Palmetto Chapters of the Association and the department must maximize, to the extent feasible, federal matching dollars.  On or before September 30 of each year, the respective Chapters of the Alzheimer's Disease and Related Disorders Association must submit to the department, Governor, Senate Finance Committee, and House Ways and Means Committee an annual financial statement and outcomes measures attained for the fiscal year just ended.  These funds may not be expended or transferred during the current fiscal year until the required reports have been received by the department, Governor, Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee.
     10.10.      (DMH: Colleton County Nursing Home)  Subject to the review of the Joint Bond Review Committee and the approval of the Budget and Control Board, the Department of Mental Health is authorized to borrow an amount not to exceed $3,000,000 for the purpose of providing matching funds for the construction of the State Veterans Nursing Home in Colleton County.  The authorization is contingent upon the Department's ability to secure a binding commitment for a source of funds for the repayment of the loan.  The State Treasurer is authorized to negotiate the terms and conditions of the loan.
     10.11.      (DMH: Crisis Stabilization)  During the current fiscal year, the Department of Mental Health must expend for crisis stabilization programs not less than $2 million.  Funds expended by the department for the crisis stabilization program must be used to implement and maintain a crisis stabilization program, or to provide access to a crisis stabilization program through the purchase of local psychiatric beds, in each community mental health center catchment area.  As used in this proviso, "crisis stabilization program" means a community-based psychiatric program providing short-term, intensive, mental health treatment in a non-hospital setting for persons who are experiencing a psychiatric crisis and who are either unable to safely function in their daily lives or are a potential threat to themselves or the community, with treatment available twenty-four hours a day, seven days a week.  The department must submit a quarterly report, not later than thirty days after the end of each calendar quarter, to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee, identifying the crisis stabilization program in each community mental health center catchment area, the number of persons served, and the expenditures for the crisis stabilization program for the reporting period.  The quarterly report must also include information on the number of persons and the duration of stay for persons who are held in hospital emergency rooms when the crisis stabilization program is unable to serve the person.
     10.12.      (DMH: Colleton County VA Home)  Any under budget surplus from construction of the VA Home in Colleton County shall first be used to satisfy the Department of Mental Health's loan and any monies due to the federal government.  Any remaining funds shall be refunded to Colleton County in the appropriate proportion reflecting Colleton County's cost share contribution.
     10.13.      (DMH: Campbell Veterans Home) Of the newly appropriated funds for the Campbell Veterans Home, up to $400,000 must be used for contract operations.
     10.14.      (DMH: Recruitment Study)  The Budget and Control Board's Office of Human Resources is directed to study the problem of recruitment and retention of mental health professionals in rural counties for the Department of Mental Health.  The Office of Human Resources is directed to study ways to increase the ability of the department to recruit and retain mental health professionals in rural counties and report their recommendations to the Governor and the Chairmen of the House Ways & Means and Senate Finance Committees no later than January 1, 2007.
     10.15.      (DMH: Children's Facility Construction)  If no award is made from bids received during FY 2005-06 for the provision of services provided at the William S. Hall Institute, the department must begin proceedings for the construction of new a child and adolescent facility with funds that have been retained for this purpose in order to provide placement for children and adolescents that must be moved from the Bull Street campus.
     10.16.      (DMH: McCormick Satellite Clinic)  The $750,000 appropriated by proviso 73.17 of Act 397 of 2006 for the Williams Building Cooperative Ministries Homeless Shelter Renovation & Operation shall be redirected as follows:  $250,000 shall be used for a satellite community mental health clinic in McCormick County and $500,000 shall be transferred to the City of Columbia to be used for other homeless programs.  The City of Columbia must use the transfer to benefit other homeless programs and must provide documentation annually on related expenditures until all funds are expended..
     10.17.      (DMH: Crisis Intervention Training)  Of the funds appropriated to the department, $85,500 shall be utilized for the National Alliance on Mental Illness (NAMI) SC for Crisis Intervention Training (CIT).
     10.18.      (DMH: Charleston Dorchester Inpatient Acute Crisis Care for the Indigent)  DELETED

SECTION 11 - J16 - DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS

     11.1.      (DDSN: Work Activity Programs)  All revenues derived from production contracts earned by mentally retarded trainees in Work Activity Programs be retained by the South Carolina Department of Disabilities & Special Needs and carried forward as necessary into the following fiscal year to be used for other operating expenses and/or permanent improvements of these Work Activity Programs.
     11.2.      (DDSN: Sale of Excess Real Property)  The department is authorized to retain revenues associated with the sale of excess real property owned by, under the control of, or assigned to the department and may expend these funds as grants to purchase or build community residences and day program facilities for the individuals DDSN serves.  The department shall follow all the policies and procedures of the Budget and Control Board and the Joint Bond Review Committee.
     11.3.      (DDSN: Prenatal Diagnosis)  Revenues not to exceed $126,000 from client fees, credited to the debt service fund and not required to meet the department's debt service requirement, may be expended only in the current fiscal year to promote expanded prenatal diagnosis of mental retardation and related defects by the Greenwood Genetic Center.
     11.4.      (DDSN: Medicaid Funded Contract Settlements)  The department is authorized to carry forward and retain settlements under Medicaid-funded contracts.
     11.5.      (DDSN: Medicare Reimbursements)  The department may continue to budget Medicare reimbursements to cover operating expenses of the program providing such services.
     11.6.      (DDSN: Departmental Generated Revenue)  The department is authorized to continue to expend departmental generated revenues that are authorized in the budget.
     11.7.      (DDSN: Transfer of Capital/Property)  The department may transfer capital to include property and buildings to local DSN providers with Budget and Control Board approval.
     11.8.      (DDSN: Unlicensed Medication Providers)  The provision of selected prescribed medications may be performed by selected unlicensed persons in community-based programs sponsored, licensed or certified by the South Carolina Department of Disabilities and Special Needs, provided such selected unlicensed persons have documented medication training and skill competency evaluation.  Licensed nurses may train and supervise selected unlicensed persons to provide medications and, after reviewing competency evaluations, may approve selected unlicensed persons for the provision of medications.  The provision of medications by selected unlicensed persons is limited to oral and topical medications and to regularly scheduled insulin and prescribed anaphylactic treatments under established medical protocol and does not include sliding scale insulin or other injectable medications.  The selected unlicensed persons shall be protected against tort liability provided their actions are within the scope of their job duties and the established medical protocol.
     The Department of Disabilities and Special Needs shall establish curriculum and standards for training and oversight.
     This provision shall not apply to a facility licensed as a habilitation center for the mentally retarded or persons with related conditions.
     11.9.      (DDSN: Pervasive Developmental Disorder)  The Department of Disabilities and Special Needs, as the agency authorized to treat autistic disorder, is designated for a Medicaid project to treat children who have been diagnosed by eight years of age with a pervasive developmental disorder.  The project must target the youngest ages feasible for treatment effectiveness, treatment for each individual child shall not exceed three years without a special exception as defined in the waiver, and reimbursement for each individual participant may not exceed $50,000 per year.  The Department of Disabilities and Special Needs and the Department of Health and Human Services will determine the areas of the State with the greatest need and availability of providers.  Children participating in the project will be selected based upon an application system developed in compliance with the Medicaid waiver.  Treatment will be provided as authorized and prescribed by the department according to the degree of the developmental disability.  In authorizing and prescribing treatment the department may award grants or negotiate and contract with public or private entities to implement intervention programs, which must comply with Medicaid reimbursement methodologies, for children who have been diagnosed with a pervasive developmental disorder.  "Pervasive developmental disorder" means a neurological condition, including autistic disorder and Asperger's syndrome, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.  The department shall report semi-annually to the General Assembly and the Governor on the developmental progress of the children participating in the project.  This provision does not establish or authorize creation of an entitlement program or benefit.

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

     12.1.      (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.
     12.2.      (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 Title 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 shall be allowed to utilize the State share of Federally required application fees, collected from Non-TANF clients, in the administration of the Child Support Enforcement Program.  Such funds may not be expended for any other purpose.  However, this shall not include Child Support Enforcement Program incentives paid to the program from federal funds to encourage and reward cost effective performance. Such incentives are to be reinvested in the program to increase collections of support at the state and county levels in a manner consistent with federal laws and regulations governing such incentive payments.  The department shall not use clerk of court incentive funds to replace agency operating funds.  Such funds shall be remitted to the appropriate state governmental entity to further child support collection efforts.
     13.3.      (DSS: Foster Children Burial)  The expenditure of funds allocated for burials of foster children shall not exceed one thousand five hundred dollars per burial.
     13.4.      (DSS: Assistance Payments Client List)  The names of persons benefiting from assistance payments under the several programs of the Department of Social Services shall be available to other state agencies, if not in conflict with federal regulations.
     13.5.      (DSS: Employee Supplement)  No county shall supplement the salary of any DSS employee.
     13.6.      (DSS: Battered Spouse Funds)  Appropriations included in Subprogram II.K entitled Battered Spouse shall be allocated through contractual agreement to providers of this service.  These appropriations may also be used for public awareness and contracted services for victims of this social problem including the abused and children accompanying the abused.  Such funds may not be expended for any other purpose nor be reduced by any amount greater than that stipulated by the Budget and Control Board or the General Assembly for the agency as a whole.
     13.7.      (DSS: Court Examiner Service Exemption)  In order to prevent the loss of federal funds to the State, employees of the Department of Social Services whose salaries are paid in full or in part from federal funds will be exempt from serving as court examiners.
     13.8.      (DSS: Accounts Receivable Procedures)  The Department of Social Services will establish, and collect accounts receivable in accordance with appropriate and applicable federal regulations.
     13.9.      (DSS: TANF Advance Funds)  The Department of Social Services is authorized to advance sufficient funds during each fiscal year from the Temporary Assistance for Needy Families Assistance Payments general fund appropriations to the Temporary Assistance for Needy Families Assistance Payments federal account only for the purpose of allowing a sufficient cash flow in the federal account.  The advance must be refunded no later than April of the same fiscal year.  Upon the advance of funds as provided herein, the Comptroller General is authorized to process the July voucher for the funding of benefit checks.
     13.10.      (DSS: Fee Schedule)  The Department of Social Services shall be allowed to charge fees and accept donations, grants, and bequests for social services provided under their direct responsibility on the basis of a fee schedule approved by the Budget and Control Board.  The fees collected shall be utilized by the Department of Social Services to further develop and administer these program efforts.  The below fee schedule is established for the current fiscal year.
     Day Care
           Family Child Care Homes (up to six children)      $  15
           Group Child Care Homes (7-12 children)      $  30
           Registered Church Child Care (13+)      $  50
           Licensed Child Care Centers (13-49)      $  50
           Licensed Child Care Centers (50-99)      $  75
           Licensed Child Care Centers (100-199)      $100
           Licensed Child Care Centers (200+)      $125
     Central Registry Checks
           Non-profit Entities      $    8
           Private Adoption Investigations      $  25
           For-profit Agencies      $  25
           State Agencies      $  15
           Schools      $  15
           Day Care      $    8
           Other - Volunteer Organizations      $    8
     Other Children's Services
           Services Related to Adoption of Children
           from Other Countries      $225
           Court-ordered Home Studies in Non-DSS
           Custody Cases      $850
           Licensing Residential
           Group Homes      $250                  fee for an initial license,
                 $  75            for renewal
           Licensing Child Caring Institutions      $500      fee for an initial license,
                 $100      for renewal
           Licensing Child Placing Agencies      $500      fee for an initial license,
                 $  60      for renewal,
                 $  15      for each private foster                                     home       under the
                       supervision of a                         child placing agency.
     13.11.      (DSS: Mentally Disabled Supplement)  From the appropriation made herein for General Assistance, the department may elect to supplement the income of individuals who reside in foster homes or supported independent living arrangements certified by the Department of Mental Health and who qualify as mentally disabled under the definitions of Public Law 92-603, U.S. Code, or who would qualify except for income limitations with the supplement being at the same rate as for other individuals who qualify for General Assistance. The department shall contract with the Department of Mental Health to ensure that the payments of General Assistance to persons who would not otherwise qualify except for this proviso shall be transferred to the department from the appropriations made to the Department of Mental Health.
     13.12.      (DSS: Food Stamp Fraud)  The state portion of funds recouped from the collection of recipient claims in the TANF and Food Stamp programs shall be retained by the department.  A portion of these funds shall be distributed to local county offices for emergency and program operations.
     13.13.      (DSS: TANF - Immunizations Certificates)  The department shall require all TANF applicants and/or recipients to provide proof of age appropriate immunizations for children.  If such immunizations have not been administered, the department shall assist in referring applicants to appropriate county health departments to obtain the immunizations.
     13.14.      (DSS: Fees for Court Witness in Child Welfare Services)  Effective July 1, 1994, any monies appropriated for the payment of court testimony in either abuse and neglect, termination of parental rights, or judicial review cases arising under Section 20-7-480, et. seq. of the SC Code of Laws, 1976, as amended, and adult protective service cases under Section 43-35-10(9), et. seq. of the SC Code of Laws, 1976, as amended, shall only be paid in accordance with DSS policy which shall include limits on awards and procedures for payment, in due consideration of the agency budgetary limitations and specific funds allocated for such purposes.  Provided further that DSS shall pay up to a maximum hourly rate to licensed psychologists, social workers, nurses, ministerial counseling, family and marriage counselors of $60 for counseling and $60 for expert witness fees, to include travel time and DSS shall pay up to a maximum hourly rate to physicians of $125 for expert witness fees, to include travel time.
     13.15.      (DSS: Foster Care Fingerprint Reviews)  Notwithstanding the provisions of Section 20-7-1640, of the SC Code of Laws, 1976, as amended, the department is authorized to pay from funds appropriated in this section the costs of Federal Bureau of Investigation fingerprint reviews for foster care families recruited, selected and licensed by the department.
     13.16.      (DSS: County Directors' Pay)  With respect to the amounts allocated to the Department of Social Services for Employee Pay Increase in this act, the Department of Social Services is authorized to allot funds for pay increases to individual county directors and regional directors in classified positions without uniformity.  Pay increases for DSS county directors and regional directors shall be administered in accordance with the guidelines established by the Budget and Control Board for Executive Compensation System and other nonacademic unclassified employees.  Any employees subject to the provisions of this paragraph shall not be eligible for any other compensation increases provided in this act.
     13.17.      (DSS: Use of Funds Authorization)  Department investigative units shall be authorized to receive and expend funds awarded to these units as a result of a donation, contribution, prize, grant, and/or court order.  These funds shall be retained by the department on behalf of the investigative units and deposited in a separate, special account and shall be carried forward from year to year and withdrawn and expended as needed to fulfill the purposes and conditions of the donation, contribution, prize, grant, and/or court order, if specified, and if not specified, as may be directed by the Director of the Department of Social Services.  These accounts shall not be used to supplant operating funds in the current or future budgets.  The agency shall report to the Senate Finance Committee and Ways and Means Committee by January 30 of the current fiscal year on the amount of funds received and how expended.
     13.18.      (DSS: Prevent Welfare Reform Duplication of Services)  The intent of the General Assembly is that the Department of Social Services not duplicate services available at the Employment Security Commission and other state agencies.  All state agencies are directed to cooperate with DSS as it implements the Family Independence Act of 1995.  Monies appropriated for the purpose of implementing the Family Independence Act of 1995, and used to hire persons or procure services for employment training purposes, shall be reported to the Governor to ensure duplication of services does not occur.
     13.19.      (DSS: C. R. Neal Learning Center)  The department shall reimburse up to $100,000 to the C. R. Neal Learning Center located in Richland County for services provided to DSS clients that are eligible for Temporary Assistance to Needy Families funding.
     13.20.      (DSS: Use of Funds Authorization)  Unless specifically directed by the General Assembly, when DSS is directed to provide funds to a not-for-profit or 501(c)(3) organization, that organization must use the funds to serve persons who are eligible for services in one or more DSS programs.
     13.21.      (DSS: Grant Authority)  The Department of Social Services is authorized to make grants to community-based not-for-profit organizations for local projects that further the objectives of DSS programs.  The department shall develop policies and procedures and may promulgate regulations to assure compliance with state and federal requirements associated with the funds used for the grants and to assure fairness and accountability in the award and administration of these grants.  The department shall require a match from all grant recipients.
     13.22.      (DSS: 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            $332      per month
           ages            6      -      12      $359      per month
           ages            13      +            $425      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.
     13.23.      (DSS: Penalty Assessment)  The Department of Social Services may impose monetary penalties against a person, facility, or other entity for violation of statutes or regulations pertaining to programs, other than foster home licensing, that the department regulates.  Penalties collected must be remitted to the State Treasurer for deposit into the State General Fund.  The department shall promulgate regulations for each program in which penalties may be imposed.  The regulations must include guidance on the decision to assess a penalty, the effect of failure to pay a penalty in a timely manner, and a schedule of penalty ranges that takes into account severity and frequency of violations.  These regulations must provide for notice of the penalty and the right to a contested case hearing before a designee of or panel appointed by the director of the department.  Judicial review of the final agency decision concerning a penalty must be in accordance with statutes or regulations that apply to judicial review of final revocation and denial decisions in that particular program.  The department, in accordance with regulations promulgated pursuant to this provision, shall have discretion in determining the appropriateness of assessing a monetary penalty against a person or facility and the amount of the penalty.  The authority to assess monetary penalties shall be in addition to other statutory provisions authorizing the department to seek injunctive relief or to deny, revoke, suspend, or otherwise restrict or limit a license or other types of operating or practice registrations, approvals, or certificates.
     13.24.      (DSS: Children's Home Standard Licenses)  Standard licenses for children's residential group homes, child caring institutions and child placing agencies shall be effective for two years from the date of issuance or renewal unless revoked or otherwise terminated before the expiration date.  Fire inspections required for licensing or renewal of children's residential group homes and child caring institutions must be conduced annually.
     13.25.      (DSS: Child Support Enforcement Automated System Carry Forward)  The department shall be authorized to retain and carry forward any unexpended funds appropriated for the Child Support Enforcement automated system and related penalties.
     13.26.      (DSS: South Carolina Alliance of Boys and Girls Club)  Of funds appropriated to the Department of Social Services, the department is directed to transfer $1,000,000 to the South Carolina Alliance of Boys and Girls Clubs for after school youth development programs to disadvantaged youth statewide.  These funds 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 the South Carolina Alliance of Boys and Girls Clubs provided for herein greater than such stipulated percentage.
     13.27.      (DSS: Child Support Enforcement System)  From the funds appropriated in Part IA, Section 13(F), the Department of Social Services shall prepare a detailed report on the status of the Child Support Enforcement System.  The report shall include, but not be limited to, actions currently being undertaken to become compliant with federal government requirements; the cost required to meet minimum federal guidelines; total funds spent so far on the system; the amount of fines assessed by the federal government associated with non-compliance; how much has been spent to satisfy actions taken by the state judicial system; and how much has been spent related to actions taken by any other entity which may have altered the amount required for meeting minimum federal guidelines.  The report shall be submitted to the General Assembly by August 31st of the current fiscal year.

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: Patriot's Point Vendor Exemption)  For the current fiscal year, the provisions of Chapter 26, Title 43 of the 1976 Code pertaining to rules regulating vending facilities operated by persons who are blind do not apply to the Patriots Point Development Authority.
SECTION 15 - H79 - DEPARTMENT OF ARCHIVES & HISTORY

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

SECTION 17 - H87 - STATE LIBRARY

     17.1.      (LIB: Aid to Counties Libraries Allotment)  The amount appropriated in this section for "Aid to County Libraries" shall be allotted to each county on a per capita basis according to the official United States Census for 2000, as aid to the County Library.  No county shall be allocated less than $50,000 $60,000 under this provision.  To receive this aid, local library support shall not be less than the amount actually expended for library operations from local sources in the second preceding year.
     17.2.      (LIB: Information Service Fees)  The State Library may charge a fee for costs associated with information delivery and retain such funds to offset the costs of maintaining, promoting and improving information delivery services.
     17.3.      (LIB: Continuing Education Fees)  The State Library may charge a fee for costs associated with continuing education and retain such funds to offset the costs of providing continuing education opportunities.

SECTION 18 - H91 - ARTS COMMISSION

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

SECTION 19 - H95 - STATE MUSEUM

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

SECTION 20 - L32 - HOUSING FINANCE AND DEVELOPMENT AUTHORITY

     20.1.      (HFDA: Federal Rental Assistance Administrative Fee Carry Forward)  All federal rental assistance administrative fees shall be carried forward to the current fiscal year for use by the authority in the administration of the federal programs under contract with the authority.  No state funds are to be used in the administration of these programs.
     20.2.      (HFDA: Program Expenses Carry Forward)  For the prior fiscal year monies withdrawn from the authority's various bond-financed trust indentures and resolutions, which monies are deposited with the State Treasurer to pay program expenses, may be carried forward by the authority into the current fiscal year.
     20.3.      (HFDA: Advisory Committee Mileage Reimbursement)  Members of the nine member South Carolina Housing Trust Fund Advisory Committee are eligible for mileage reimbursement at the rate allowed for state employees as established in proviso 72.25(J) (Travel-Subsistence Expenses & Mileage) in this act.

SECTION 21 - P12 - FORESTRY COMMISSION

     21.1.      (FC: Grant Funds Carry Forward)  The 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 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: Commissioned Officers' Physicals)  The Forestry Commission is authorized to pay the cost of physical examinations for agency personnel who are required to receive such physical examinations prior to receiving a law enforcement commission.

SECTION 22 - P16 - DEPARTMENT OF AGRICULTURE

     22.1.      (AGRI: Market Bulletin)  The Market Bulletin shall be mailed only to those persons who request it in writing and a record of each request shall be maintained by the department.  Provided further, that notwithstanding any other provision of law, the Department of Agriculture is authorized to charge a yearly subscription rate of $10.00 to each person requesting the bulletin and may charge up to $5.00 per classified advertisement printed in the bulletin.  The funds collected pursuant to this provision shall be retained by the department to defray the costs of publication and related incidental expenses.
     22.2.      (AGRI: Fruit/Vegetable Inspectors Subsistence)  A daily subsistence allowance of up to $30.00 may be allowed for temporarily employed fruits and vegetables inspectors from funds generated by fruits and vegetables inspection fees and budgeted under other funds in Program IV Marketing Services, D. Inspection Services, in lieu of reimbursements for meals and lodging expense.
     22.3.      (AGRI: Commodity Boards Expenditures)  Expenditures made for the various Commodity Boards (as budgeted under other funds in Program IV.B. Marketing Services: Commodity Boards) are exempt from regulations under the Procurement Act of 1981.
     22.4.      (AGRI: Seed Licenses)  Notwithstanding any other provision of law, the department shall charge, for the licenses it issues pursuant to Section 46-21-40, a minimum fee of twenty-five dollars ($25.00), and a maximum fee of one hundred fifty dollars ($150.00).  The department shall institute a graduated fee schedule between these minimum and maximum fees, which schedule shall be based on the per year dollar volume of the gross business receipts of the applicant.  The department shall retain any revenue collected pursuant to this provision to defray the costs of printing, mailing and inspections and to pay the costs of leasing the Florence Farmer's Market from Clemson University.
     22.5.      (AGRI: Specialty Crop Grant Indirect Cost Waiver)  Notwithstanding any other provision of law, the Department of Agriculture is granted a waiver of the remittance of indirect cost recoveries for the Specialty Crop Grant (H.R. 2213, Section 7) supported by the United States Department of Agriculture through the Commodity Credit Corporation.
     22.6.      (AGRI: Warehouse Receipts Guaranty Fund)  The Department of Agriculture may retain and expend fifty thousand dollars from the Warehouse Receipts Guaranty Fund established by Section 39-22-150 of the 1976 Code as is necessary for the department to administer the funding of the program.
     22.7.      (AGRI: Weights & Measurer Registration)  All servicepersons required to be registered with the Department of Agriculture pursuant to the provisions of Section 39-9-65 of the 1976 Code of Laws shall pay to the department a registration fee of $25.00.  Revenues generated by this provision shall be for use by the Department of Agriculture to offset expenses incurred in administering this registration program.
     22.8.      (AGRI: Private Sector Calibrations)  Notwithstanding any other provision of law, the Department of Agriculture shall charge a fee of $45.00 an hour based on a fee schedule for all calibrations performed for private sector entities by the Metrology Laboratory authorized by Section 39-9-68(3) of the 1976 Code of Laws.  Revenues generated by these fees shall be for use by the Department of Agriculture to offset expenses incurred in operating the Metrology Laboratory.
     22.9.      (AGRI: Sale of Property Revenue)  The department may retain revenues associated with the sale of the property titled to or utilized by the department, except for the State Farmers Market property, and must expend these funds on capital improvements approved by the Joint Bond Review Committee and the Budget and Control Board.  The department must continue to occupy any property until replacement capital improvements are completed.
     22.10.      (AGRI: Farmers Market Revenue)  The revenues associated with the sale of the State Farmers Market shall be deposited into a separate restricted special account under the authority of the Budget and Control Board.  Interest accrued on this account must remain in this account.  These funds may only be expended for relocating the State Farmers Market after approval by the Joint Bond Review Committee and the State Budget and Control Board.
     22.11.      (AGRI: Export Certification)  The Department of Agriculture is allowed to charge up to $250 for each export certification of agricultural products and to retain revenues to offset expenses incurred in performing certifications.
     22.12.      (AGRI: Grain Handlers Guaranty Fund)  The Department of Agriculture may retain and expend one hundred thousand dollars of the interest from the Grain Handlers Guaranty Fund established by Section 46-41-230 of the 1976 Code as is necessary for the department to administer the funding of the program.
     22.13.      (AGRI: Marketing Services/Metrology Lab)  The department is authorized to expend up to $850,000 of funds in a special account with the State Budget and Control Board derived from the sale of the Columbia State Farmers Market to be used by the department for the construction of a Department of Agriculture Marketing Services building at the relocated Columbia State Farmers Market.  The department may retain up to $875,000 from the sale of the department's Columbia Metrology Lab building and property for the construction of a replacement Columbia Metrology Lab building at the relocated State Farmers Market.
     22.14.      (AGRI: Feed Label Registration)  The Department of Agriculture is authorized to require the annual registration of feed labels by manufacturers and to charge a fee of $15.00 for such registrations.  Revenues generated by these fees shall be retained and used by the department to offset expenses incurred in operating the Feed Inspection Program.
     22.15.      (AGRI: State Farmers Market Cost Overrun)  The Department of Agriculture shall work with all parties of interest relative to the relocation of the Columbia State Farmers Market which shall include but not be limited to, Richland County and the design firm awarded the A&E contract, to pursue funding options associated with the 69% cost overrun connected with the design and construction of the relocation of the Columbia State Farmers Market.  Due to the gross inaccuracies and omissions of the design plan, the Department of Agriculture shall consult with the Attorney General's Office on legal actions which the State could pursue in order to recoup the additional funds required to complete the State Farmers Market.

SECTION 23 - P20 - CLEMSON UNIVERSITY - PSA

     23.1.      (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.
     23.2.      (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.
     23.3.      (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.
     23.4.      (CU-PSA: Fee Increase)  Notwithstanding any other provision of law, beginning FY 2001-2002, the Division of Regulatory and Public Service is authorized to increase the fertilizer, lime, and soil amendments registration fees; pesticide licensing fees; seed certification fees; and fertilizer inspection fees not to exceed twice the amount of the fee schedules set in FY 2000-2001.
     23.5.      (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.
     23.6.      (CU-PSA: Retention of Fees)  All revenues collected from the regulatory programs of agrichemical, plant industry and crop protection including:  fertilizer, lime, and soil amendments registration fees; pesticide licensing fees; seed certification fees; and fertilizer tax/inspection fees must be retained by Clemson University PSA regulatory programs.
     23.7.      (CU-PSA: Pesticide Registration)  All revenues collected from pesticide registration fees and revenue collected from structural pest control businesses for business licensing must be retained by Clemson University PSA Regulatory and Public Service Programs to support general regulatory, enforcement, and education programs and to carry out provisions of the S.C. Pesticide Control Act and regulations related to it.
     23.8.      (CU-PSA: Sandhills Revenue)  The funds retained by Clemson University PSA from the sale of the property at the Sandhills Research and Education Center shall be used to construct the new Sandhills facilities and provide endowments as approved by the Clemson Board of Trustees and the Budget and Control Board.  These funds are not to be used to offset base budget reductions in Fiscal Year 2004-2005.

SECTION 24 - P24 - DEPARTMENT OF NATURAL RESOURCES

     24.1.      (DNR: County Funds)  Funds belonging to each of the counties of the State, now on hand or hereafter accruing to the counties, shall be expended on approval of a majority of the respective county delegation, including the resident senator or senators, if any.  An annual accounting for all such funds and expenditures shall be furnished by the department to each member of each county delegation; it being the intent of the General Assembly that the appropriations made in this section are conditioned upon compliance with this requirement.  In addition to the annual accounting required above, the department shall make a proposal for expenditures of such funds in the succeeding fiscal year in each county to the members of the respective county legislative delegation, including the resident senator or senators, if any; and upon approval thereby shall proceed with the use of such funds in compliance with the finalized and approved plan as approved by each legislative delegation.  If no plan is approved, the expenditure of such funds is to be administered as determined by the various legislative delegations.
     24.2.      (DNR: County Game Funds/Equipment Purchase)  Any equipment purchased by the department from county game funds on approval of a majority of a county delegation, including the resident senator or senators, if any, shall remain in that county upon the request of a majority of the respective county delegation, including the resident senator or senators, if any, and if sold by the department, the proceeds of such sale shall be credited to such county game fund.  Expenditures from the County Game Fund and the Water Recreation Resource Fund which have the approval of the county delegation shall be exempt from the provisions of Act 651 of 1978, as amended.
     24.3.      (DNR: Armed Forces Fishing/Hunting License)  Any member of the armed forces of the United States who is a resident of South Carolina stationed outside of the state, shall upon presentation of his official furlough or leave papers, be allowed to fish or hunt without purchasing a fishing or hunting license.
     24.4.      (DNR: Publications Revenue)  For the current fiscal year all revenue generated from the sale of the "South Carolina Wildlife" magazine, its by-products and other publications, shall be retained by the department and used to support the production of same in order for the magazine to be self-sustaining.  In addition, the department is authorized to sell advertising in the magazine and to increase the magazine's subscription rate, if necessary, to be self-sustaining.  No general funds may be used for the operation and support of the "South Carolina Wildlife" magazine.
     24.5.      (DNR: Casual Sales Tax Collection)  The Department of Natural Resources shall continue to collect the casual sales tax as contained in the contractual agreement between the Department of Revenue and the Department of Natural Resources and the State Treasurer is authorized to reimburse the department on a quarterly basis for the actual cost of collecting the casual sales tax and such reimbursement shall be paid from revenues generated by the casual sales tax.
     24.6.      (DNR: 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 at $12,000 $15,000 per district for general assistance to the district's program.  Available funding above $12,000 $15,000 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.
     24.7.      (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.
     24.8.      (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.
     24.9.      (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.
     24.10.      (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.
     24.11.      (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.
     24.12.      (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.
     24.13.      (DNR: Water Recreation Fund and County Game and Fish Fund)  Funds collected during the current fiscal year by the Department of Natural Resources for the Water Recreation Fund and for that portion of the county game and fish fund derived from licenses and fees must be retained by the department and used for the stated purposes of the respective funds, and may not be used by the department to offset base-budget reductions for the current fiscal year.  In addition to all other uses allowed by statute, the department may use the Water Recreational Resource Funds of a county for the purchase of boats, boat trailers, motors, and boating safety equipment used for law enforcement and rescue, with the recommendation of the county delegation.
     24.14.      (DNR: Grass Carp Testing Recoupment Fee)  The Department of Natural Resources shall charge and retain a fee of one dollar per fish for fish five (5) inches or longer and a fee of twenty-five cents ($0.25) for fish less than five (5) inches to recoup the cost of certification testing of Triploid Grass Carp to assure that such fish are sterile before they can be imported into the State.
     24.15.      (DNR: Hunting License Fees)  For the current fiscal year, the fee:
           (1)      for the combination hunting and fishing license issued pursuant to Section 50-9-510(3) of the 1976 Code is increased from twenty to twenty-five dollars;
           (2)      for the nonresident statewide license issued pursuant to Section 50-9-510(6) is increased from one hundred to one hundred twenty-five dollars;
           (3)      for the ten consecutive days regular hunting season license for a nonresident issued pursuant to Section 50-9-510(7) of the 1976 Code is increased from fifty to seventy-five dollars;
           (4)      for the three consecutive days regular hunting season license for a nonresident issued pursuant to Section 50-9-510(8) of the 1976 Code is increased from twenty-five to forty dollars; and
           (5)      for the big game nonresident permit issued pursuant to Section 50-9-510(10) of the 1976 Code, the fee is increased from eighty-nine to one hundred dollars.
     24.16.      (DNR: Intellectual Property)  The Department shall develop a comprehensive written policy providing for the treatment on intellectual property accruing to the Department in the area of shrimp disease and culture.  This policy must address the following issues: definitions, coverage and disclosure requirements, ownership, dispute resolution procedures, obtaining of patents and copyrights, incentives, transfer or sales or research results, promotion and licensing, use of proceeds, and release of ownership rights.  Upon adoption and implementation, the Department, consistent with the policy, may sell or license intellectual property owned by the Department, upon approval of the Budget and Control Board.  The net proceeds or annual net royalties, excluding any expenses including research and development, patent, licensing and litigation from intellectual property owned by the Department shall be apportioned and paid over by the Department according to the following schedule:  Inventor  15%; State General Fund  85%.  Proceeds apportioned and paid over to the Department shall be used by the Department for scientific research and education for the enhancement, management, and protection of natural resources in the State.
     24.17.      (DNR: Sale of Existing Offices)  After receiving approval from the Budget and Control Board for the sale of property, the Department of Natural Resources is authorized to retain all funds from the sale of existing offices for the improvement, consolidation and/or establishment of regional hub offices.
     24.18.      (DNR: Interstate Water Negotiations and 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 associated with technical and legal consultants in order for the department to continue 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 for developing legislation for that purpose.  The director of the department shall concurrently ensure that as the State takes positions in the Federal Energy Regulatory Commission relicensing procedures on the Yadkin/Pee Dee and Catawba Rivers, they are well founded and consistent with the State's positions on the Savannah River.  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, water quality, 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.  The director of the department shall prepare a report on the expenditure of these funds and shall submit it to the Senate Finance Committee and the House Ways and Means Committee by June 30, 2007.

SECTION 25 - P26 - SEA GRANT CONSORTIUM

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

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

     26.1.      (PRT: Canadian Day)  The department when expending the $85,000 appropriation herein contained for a Canadian promotion shall designate one day of such promotion as "Canadian Day" and notwithstanding any other provision of law, all Canadians shall be allowed admittance to state parks and use of park camping facilities on Canadian Day free of charge.
     26.2.      (PRT: Tourism and Promotion)  The funds appropriated in Program I.C. this Act for Regional Promotions, shall be distributed equally to the eleven Regional Tourism groups, except that the Grandstrand Tourism Region's funds shall be divided, with one hundred forty thousand dollars ($140,000) $75,000 distributed to the Myrtle Beach Chamber of Commerce and thirty-five thousand dollars ($35,000) $100,000 distributed to the Georgetown Chamber of Commerce for tourism related activities.  The Myrtle Beach Chamber of Commerce and the Georgetown Chamber of Commerce shall submit a report to the Senate Finance Committee and the House Ways and Means Committee by December 1st each year describing how these funds were expended in the prior fiscal year.
     26.3.      (PRT: PARD Prior Year Expenditures)  The Department of Parks, Recreation and Tourism shall be authorized to expend restricted funds in the current fiscal year, for Parks and Recreation Development Fund (PARD) grant reimbursement payment expenditures incurred in the prior fiscal year.
     26.4.      (PRT: Park Fee Structure)  Notwithstanding Section 51-3-60 of the 1976 Code, in order to maintain the fiscal soundness and continued maintenance and operations of the State Park System, the Department of Parks, Recreation and Tourism is directed to maintain the adjustments in the fee structure implemented in September 2003 as a result of the study directed in the previous year by the General Assembly, however, residents listed in Section 51-3-60 may not be given discounts of less than 35% for the services listed.  Members of the SC National Guard shall be given the same discounts for the State Park System as the residents listed in Section 51-3-60.
     26.5.      (PRT: Litter Control)  There is established PalmettoPride, an eleemosynary, nonprofit corporation organized pursuant to Chapter 31 of Title 33 and Section 501(c)(3) of the Internal Revenue Code, which is authorized to coordinate and implement statewide and local programs for litter control.
     PalmettoPride shall be governed by a board of directors composed of nine members to be appointed as follows: three members must be appointed by the Governor; three Senators must be appointed by the President Pro Tempore of the Senate; and three Representatives must be appointed by the Speaker of the House of Representatives.  The members of the board shall elect the chairman of the board to serve a four-year term as a voting board member.  The current board chairman, as established by the Governor's Executive Order No. 99-20 (May 5, 1999) and reconfirmed by the letter from the Governor dated October 23, 2003, shall serve a four-year term as chairman beginning with the effective date of this act.
     The board members shall serve terms of four years.  A vacancy that occurs on the board must be filled by appointment by the Governor, the President Pro Tempore of the Senate, or the Speaker of the House of Representatives, as appropriate, for the remainder of the unexpired term.
     The Chairman of the Board is authorized to make all personnel decisions to include the hiring of any necessary staff for the operation of PalmettoPride, including an Executive Coordinator.  The coordinator shall submit an annual budget for the operation of PalmettoPride to the board of directors.  The board of directors shall approve, disapprove, amend, or modify the budget recommended by the Executive Coordinator.
     PalmettoPride may accept gifts, bequests, and grants from any person or foundation, and may also may receive and expend public funds appropriated to it or authorized by the General Assembly.  Monies authorized and/or appropriated in Part IA, Section 26, of this act, designated to the PalmettoPride-Litter Control Program pursuant to Section 14-1-208(10) must not be transferred or used for a purpose other than PalmettoPride-Litter Control.  Unexpended funds must be carried forward and used only for authorized purposes.
     26.6.      (PRT: Competitive Grants)  Of funds appropriated to the department for Competitive Grants, these funds may be released to local subdivisions or nonprofit organizations counties and municipalities for travel and tourism industry purposes only upon the approval of the Grants Committee of the Budget and Control Board.  The agency is prohibited from transferring these funds to other programs.  In addition, the agency may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee.
     26.7.      (PRT: State Park Privatization Approval)  Before the department may enter into a final contract to privatize all or a portion of Cheraw State Park or Hickory Knob State Park, approval of the majority of the General Assembly must be obtained, in addition to the approval of the State Budget and Control Board.
     26.8.      (PRT: Destination Specific Tourism Marketing)  From the funds appropriated in Part IA, Section 26, this Act for the Tourism and Sales Marketing program, the department shall use not less than $5,000,000 $10,000,000 for a destination specific tourism marketing grant program.  The minimum grant awarded by this program shall be $250,000.  Each state dollar must be matched with two dollars of private funds.  An organization receiving a state grant must certify that, as of the date of the application:  (i) the private funds are new dollars specifically designated for the purpose of matching state funds; (ii) the private funds have not been previously allocated or designated for tourism-related destination marketing; (iii) the organization has on hand or has an approved line of credit of not less than the amount of private funds needed to provide the required match.  Organizations applying for a grant must include in the grant application, information on how the organization proposes to measure the success of the marketing and public relations program, including the estimated return on investment to the state.  Promotional programs proposed by an applicant must be based on research-based outcomes.  Grants must be made only to organizations that have a proven record of success in creating and sustaining new and repeat visitation to its area and must have sufficient resources to create, plan, implement, and measure the marketing and promotional efforts undertaken as a part of the program.  The department must award a grant only to one qualified destination marketing organization within their tourism region where the organization's private funds are raised.  An organization receiving a grant must use the public and private funds only for the purpose of destination specific marketing and public relations designed to stimulate destination travel by persons outside the state to destinations within the state.  All grants that qualify under the program must be funded if funds are available.  Funding of all qualified grants will be on a first come first served basis with such basis retained throughout the term of this proviso.  No organization shall receive in the first quarter more than fifty percent of the state dollars allocated to the program.  If by the end of the third quarter matching funds are still available with no other organizations meeting the criteria for funding, the funds will be distributed to the organization or organizations that have and can meet all of the requirements of this proviso.  Grant recipients shall provide an annual report by November 1, to the Chairmen of the Senate Finance Committee and the House Ways and Means Committee and the director of the Department of Parks, Recreation and Tourism on the expenditure of the grants funds and on the proposed outcome measures.
     26.9.      (PRT: H. Cooper Black Field Area)  In the event funding is provided for the H. Cooper Black Field Trial Recreation Area, the Department of Parks, Recreation and Tourism is directed to work with the Department of Natural Resources and the South Carolina Forestry Commission to develop a Memorandum of Understanding for joint operations of the H. Cooper Black Field Trial and Recreation Area.  Agencies shall submit a finalized Memorandum of Understanding to the Senate Finance and House Ways and Means Committees by November 1, 2006.
     26.10.      (PRT: Advertising Funds Carry Forward)  The Department of Parks, Recreation & Tourism may carry forward any unexpended funds appropriated on the Advertising line within Program II. A. Tourism Sales and Marketing from the prior fiscal year into the current fiscal year to be used for the same purposes which include the Tourism Partnership Fund, Destination Specific Marketing Grants and the agency advertising fund.

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 - GIS Carry Forward)  From the amount set aside in Section 12-28-2910, the council is authorized to use up to $60,000 to support the Geographic Information Systems (GIS) program for actual operating expenses in support of business recruitment and retention, as approved by council.  Any balance on June 30 of the prior fiscal year may be carried forward and expended for the same purposes in the current fiscal year.
     27.3.      (CMRC: 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.
     27.4.      (CMRC: Aeronautics - Office Space Rental)  Revenue received for rental of office space may be retained and expended to cover the cost of building operations.
     27.5.      (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.
     27.6.      (CMRC: Aeronautics - Hangar/Parking Facilities)  The Division of Aeronautics will provide hangar/parking facilities for government owned and/or operated aircraft on a first come basis.  Funds shall be retained by the division for the purpose of hangar and parking facility maintenance.  The Hangar Fee Schedule shall be determined by the division and shall not exceed local average market rates.
     Personnel from the agencies owning and/or operating aircraft will be responsible for ground movement of their aircraft.
     27.7.      (CMRC: Aeronautics - Airport Development)  Any line item appropriation for airports shall be disbursed for eligible airport development items as approved by the division.
     27.8.      (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.
     27.9.      (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.
     27.10.      (CMRC: Carry Forward Sale of Aircraft Proceeds)  The Department of Commerce may carry forward proceeds from the sale of aircraft to be used for replacement aircraft and for required Federal Aviation Administration upgrades to existing aircraft.
     27.11.      (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;
           (2) for maintenance projects of general aviation airports; and or
           (3) for aviation education related programs including, but not limited to, educating young people about careers in the aviation industry and/or the promotion of aviation in general.
     Sponsors of publicly owned airports for public use are eligible to receive grants pursuant to this provision, but the airport must have a current development plan that meets the planning requirements of the National Plan of Integrated Airports Systems.
     The Secretary of Commerce shall promulgate regulations establishing the grants program that, at a minimum, address: (1) priorities among improvements qualifying for grants; (2) an airport selection process to ensure an equitable distribution of funds among eligible airports; and (3) the criteria for distribution of funds among eligible airports.
     Enabling airport sponsors to meet basic Federal Aviation Administration safety guidelines for obstruction clearance must be a major factor in the priority guidelines established by the Secretary of Commerce pursuant to this provision.  The Secretary also shall have discretion consistent with Section 55-5-170 to establish a program to grant Aviation Fund dollars for these purposes at the ratio of eighty percent from the fund to twenty percent from the local airport sponsor, or any ratio with a smaller relative contribution from the fund.
     A report on the expenditure of these funds shall be submitted to the Senate Finance Committee and the House Ways and Means Committee.
     Notwithstanding any other provision of law, unspent funds from the prior fiscal year may be carried forward to the current fiscal year and spent for like purposes.
     27.12.      (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 as necessary for the location or expansion of an industry or business facility in South Carolina.  Eligible expenditures include water/sewer projects, road or rail construction/improvement projects, land acquisition, fiber-optic cable, relocation of new employees for technology intensive and research and development facilities as defined in South Carolina Code Section 12-6-3360, and site preparation.  Site preparation is defined as surveying, environmental and geo-technical study and mitigation, clearing, filling, and grading.  The Coordinating Council shall annually prepare a detailed report each year for submission to the General Assembly by March 15 of each year which itemizes the expenditures from the fund for the preceding calendar year.  Such report shall include an identification of the following information:  (a) company name or confidential project number; (b) location of the project; (c) amount of grant award; and (d) scope of grant award.
     The General Assembly shall not appropriate funds, and shall not direct the Coordinating Council to extend loans or grants nor shall the Coordinating Council extend any loans or grants from the amount set aside pursuant to Section 12-28-2910 for any purpose other than those listed in this proviso.
     27.13.      (CMRC: Economic Development Coordinating Council - Administrative Expenses)  Notwithstanding any other provision of law, the Council: (1) may retain up to five percent of the revenue received by the State Rural Infrastructure Fund for the purposes of meeting administrative, reporting, establishment of grant guidelines, review of grant applications, and other statutory obligations; and (2) may increase the application fee for qualification for the Enterprise Zone Program from two thousand to four thousand dollars of which $500 will be shared with the Department of Revenue and establish annual renewal fees of $500 for the Enterprise Zone and Retraining Programs to be shared equally with the Department of Revenue for the purposes of meeting administrative, data collection, credit analysis, cost-benefit analysis, reporting, and other statutory obligations.
     27.14.      (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.
     27.15.      (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 eight 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.
     27.16.      (CMRC: SC World Trade Center)  Of funds appropriated to the department, $100,000 shall be transferred to the South Carolina World Trade Center.
     27.17.      (CMRC: Development-Rental Revenue)  Revenue received from the sublease on non-state owned office space may be retained and expended to offset the cost of the department's leased office space.
     27.18.      (CMRC: Development-Ad Sales Revenue)  The department may charge a fee for ad sales in department authorized publications and may use these fees to offset the cost of printing and production of the publications.  Any revenue generated above the actual cost shall be remitted to the General Fund.
     27.19.      (CMRC: Foreign Offices)  The Secretary of Commerce shall be authorized to appoint the staff of the department's foreign offices on a contractual basis on such terms as the Secretary deems appropriate, subject to review by the Office of Human Resources of the Budget and Control Board.
     27.20.      (CMRC: Funding For I-73 & I-74)  Of the funds authorized for the Coordinating Council Economic Development, $500,000 shall be made available for the routing, planning and construction of I-73 and $500,000 shall be made available for the routing, planning, and construction of I-74.
     27.21.      (CMRC: Reimbursement of Expenditures)  Any reimbursements of expenditures in prior fiscal years related to infrastructure costs for the ICAR project shall be retained by the department for repayment of funds previously used for the ICAR project.
     27.22.      (CMRC: Yearly Financial Audit)  Notwithstanding any other provision of law, the Department of Commerce may have an Agreed Upon Procedures audit in lieu of having audited financial statements.  This audit shall be in coordination with the State Auditor's Office and will be in accordance with generally accepted accounting principles and must comprise all financial records and controls.  This audit must be completed by November 1 following the close of the fiscal year.
     27.23.      (CMRC: Competitive Grants)  Of funds appropriated to the department for Competitive Grants, these funds may be released to local subdivisions or nonprofit organizations counties and municipalities for economic development purposes only upon the approval of the Grants Committee of the Budget and Control Board.  The agency is prohibited from transferring these funds to other programs.  In addition, the agency may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee.
     27.24.      (CMRC: Coordinating Council - Rural Infrastructure Funds)  The Department of Commerce Coordinating Council is hereby authorized to carry forward committed and uncommitted funds from the State Rural Infrastructure Fund, for the authorized purposes as specified in its legislation.
     27.25.      (CMRC: Job Development Credits)  Any company that received approval for Job Development Credits in January 2005 shall have the option of using the prior year's county classification for purposes of obtaining the Job Development Credits.
     27.26.      (CMRC: World Trade Center)  Of the funds appropriated to the department for the SC World Trade Park and Education Center, these funds shall not be transferred to any other program within the department for any other purpose.
     27.27.      (CMRC: Motion Picture Rebate)  From the amount set aside pursuant to Section 12-62-50, the South Carolina Film Commission may rebate to a motion picture production company, up to twenty percent of the total aggregate South Carolina payroll for persons subject to South Carolina income tax withholdings employed in connection with the production.  From the amount set aside pursuant to Section 12-62-60, the South Carolina Film Commission may rebate to a motion picture production company up to thirty percent of the expenditures made by the motion picture production company in the State.  Motion picture production companies that have previously been approved at the lower percentages may reapply for the higher percentages only if the project that was approved is still in production in South Carolina as of the effective date of this proviso.
     27.28.      (CMRC: WIA Prior Year Payments)  The Department of Commerce shall be allowed to pay Workforce Investment Act prior-year obligations with current year funds.
     27.29.      (CMRC: Natural Gas Supply Study)  From the funds appropriated to the Department of Commerce in Part IA, Section 27,  of this act, the department must provide up to $2,500 to cover the costs for the completion of a natural gas supply study should such a study be authorized by a Joint Resolution of the General Assembly during the 2006 legislative session.
     27.30.      (CMRC: County Industrial Utility Infrastructure Grant Program)  From Coordinating Council for Economic Development funds appropriated to the department for the current fiscal year, $1,500,000 must be set aside in a special account titled "County Industrial Utility Infrastructure Grant Program."  A county is eligible for a grant only if the project is to assist with an existing or planned utility infrastructure project in an industrial park located within five miles of interstates 20, 26, 73, 77, 85, 95, or any of their spurs, and if the county unemployment rate is 10.0% or higher for the most recent month as published by the SC Employment Security Commission.  The department shall develop the process and application forms for the program.  The department shall hold all applications until June 15 of the current fiscal year.  At that time following the receipt of the application from the eligible counties and upon approval by the Coordinating Council for Economic Development, grants shall be awarded pro rata to the eligible counties.
     27.31.      (CMRC: Closing Fund)  In order to encourage and facilitate economic development, the $7,000,000 appropriated for the Closing Fund for competitive recruitment purposes shall be used as approved by the Coordinating Council for Economic Development.  Any unexpended balance on June 30, of the prior fiscal year may be carried forward and expended in the current fiscal year by the Department of Commerce for the same purposes.
     27.32.      (CMRC: Film Marketing) From the funds authorized to the Department of Commerce in Section 27, Part IA, Program II.B. of this act, the department may use the film marketing funds for the following purposes:  1) to allow for assistance with recruitment and infrastructure development of the film industry; 2) to develop a film crew base; 3) to develop ally support in the film industry; and 4) marketing and special events.
     27.33.      (CMRC: Motion Picture Administration Application Fee)  The Coordinating Council for Economic Development may charge an application fee for the Motion Picture Incentive programs and may retain and expend these funds for the purposes of meeting administrative, data collection, credit analysis, cost-benefit analysis, reporting and auditing, and other statutory obligations.  A fee schedule must be established and approved by the Coordinating Council for Economic Development.
     27.34.      (CMRC: Community Development Corporation Carry Forward)  The Department of Commerce shall be authorized to carry forward Community Development Corporation Initiative committed and uncommitted funds from the prior fiscal year and to use these funds for the same purpose.
     27.35.      (CMRC: Aeronautics Grant Match Funds)  The funds appropriated to the Division of Aeronautics for FAA grant matching, may be used to match state and local aviation airports projects whether or not they have received FAA funding.  Any funds must be approved by the Aeronautics Commission prior to being awarded.
     27.36.      (CMRC: Economic Development Organizations)  The Department of Commerce shall utilize $2,700,000 of the $3,000,000 appropriated in this Act for Regional Economic Development Organizations to provide funds to the following six economic development organizations:
           1)      Central SC Economic Development Alliance;
           2)      Charleston Regional Development Alliance;
           3)      Economic Development Partnership;
           4)      North Eastern Strategic Alliance (NESA);
           5)      Southern Carolina Alliance; and
           6)      Upstate Alliance.
     The maximum funds dispersed to each organization shall be $450,000 and each dollar of state funds must be matched with one dollar of private funds.  The organization receiving state funds must certify that the private funds are new dollars specifically designated for the purpose of matching state funds and have not been previously allocated or designated for economic development.
     The remaining $300,000 shall be provided to Chester County, Lancaster County, Union County, and York County provided they meet the requirements established above.
     Upon receipt of the request for the funds and certification of the matching funds, the Department of Commerce shall disperse the funds to the requesting organization.
     Funds recipients shall provide an annual report by November 1, to the Chairmen of the Senate Finance Committee and the House Ways and Means Committee and the Secretary of Commerce on the expenditure of the funds and on the outcome measures.

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

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

SECTION 30 - B04 - JUDICIAL DEPARTMENT

     30.1.      (JUD: Prohibit County Salary Supplements)  County salary supplements of Judicial Department personnel shall be prohibited.
     30.2.      (JUD: County Offices For Judges)  Every county shall provide for each circuit and family judge residing therein an office with all utilities including a private telephone, and shall provide the same for Supreme Court Justices and Judges of the Court of Appeals upon their request.
     30.3.      (JUD: Commitments to Treatment Facilities)  The appropriation for continued implementation of Article 7, Chapter 17, of Title 44 of the 1976 Code, Chapter 24 of Title 44 of the 1976 Code, and Chapter 52 of Title 44 of the 1976 Code, relating to commitments, admissions and discharges to mental health facilities, or treatment facility for the purpose of alcohol and drug abuse treatment, shall be expended for the compensation of court appointed private examiners, guardians ad litem, and attorneys for proposed patients, and related costs arising from the filing, service and copying of legal papers and the transcription of hearings or testimony.  Court appointed private examiners, guardians ad litem and attorneys shall be paid at such rates or schedules as are jointly determined to be reasonable by the South Carolina Association of Probate Judges, the State Court Administrator, and the South Carolina Department of Mental Health with the approval of the Attorney General.  The Judicial Department shall notify the Senate Finance Committee and the House Ways & Means Committee of any fee adjustment or change in schedule before implementation.
     30.4.      (JUD: Judicial Commitment)  Except as otherwise provided in Section 72.5, no money appropriated pursuant to Item VI, Judicial Commitment shall be used to compensate any state employees appointed by the court as examiners, guardians ad litem, or attorneys nor shall such funds be used in payment to any state agency for providing such services by their employees.
     30.5.      (JUD: Judicial Expense Allowance)  Each Supreme Court Justice, Court of Appeals Judge, Family Court Judge and Circuit Court Judge and any retired judge who receives payment for performing full-time judicial duties pursuant to Section 9-8-120 of the South Carolina Code of Laws, shall receive five hundred dollars per month as expense allowance.
     30.6.      (JUD: Special Judge Compensation)  In the payment of funds from "Contractual Services", and "Administrative Fund", that no special judge shall be paid for more than a two week term within a fiscal year except that this restriction will not apply in case of an ongoing trial.
     30.7.      (JUD: Advance Sheet Revenues Deposit)  The Judicial Department shall retain any advance sheet revenues collected above the amount remitted to the general fund in FY 01-02 and shall deposit such revenue into a special revenue account and expend these funds for the production and distribution of same.
     30.8.      (JUD: BPI/Merit)  Judicial employees shall receive base and average merit pay in the same percentages as such pay are granted to classified state employees.
     30.9.      (JUD: Supreme Court Bar Admissions)  Any funds collected from the Supreme Court Bar Admissions Office in excess of the amount required to be remitted to the general fund may be deposited into an escrow account with the State Treasurer's Office.  The department is authorized to receive, expend, retain, and carry forward these funds.
     30.10.      (JUD: Travel Reimbursement)  State employees of the Judicial Department traveling on official state business must be reimbursed in accordance with Section 72.25(J) of this act.
     30.11.      (JUD: Interpreters)  The funds appropriated in this section for "Interpreters" shall be used to offset costs associated with interpreters appointed in judicial proceedings under Sections 17-1-50, 15-27-155, and 15-27-15.  The selection, use, and reimbursement of interpreters shall be determined under such guidelines as may be established by the Chief Justice of the Supreme Court.  Interpretive services for hearing impaired persons shall be obtained through contract with the South Carolina School for the Deaf and the Blind, provided that if the Chief Justice determines, for any reason, that adequate services are not available through the South Carolina School for the Deaf and the Blind, the Judicial Department may secure interpretive services from any qualified vendor.
     30.12.      (JUD: Reimbursement Receipt Deposit)  Amounts received as payment for reproducing, printing, and distributing copies of court rules and other department documents shall be retained for use by the department.
     30.13.      (JUD: Surplus Property Disposal)  Technology equipment that has been declared surplus may be donated directly to counties for use in court-related activities.
     30.14.      (JUD: Judicial Carry Forward)  In addition to the funds appropriated in this section, the funds appropriated for the Judicial Department in the prior fiscal year which are not expended during that fiscal year may be carried forward to be expended in the current fiscal year.
     30.15.      (JUD: Case Management Services)  The Judicial Department shall retain revenue generated by charging a fee for technology support services provided to users of the State case management system.  These funds may be expended and carried forward to offset the costs of supporting and maintaining the case management system.
     30.16.      (JUD: Magistrates' Training)  From the funds appropriated to the Judicial Department, the department shall provide magistrates annual continuing education on domestic violence, which may include, but is not limited to:
           (1)      the nature, extent, and causes of domestic and family violence;
           (2)      issues of domestic and family violence concerning children;
           (3)      prevention of the use of violence by children;
           (4)      sensitivity to gender bias and cultural, racial, and sexual issues;
           (5)      the lethality of domestic and family violence;
           (6)      legal issues relating to domestic violence and child custody;
           (7)      procedures, penalties, programs, and other issues relating to criminal domestic violence, including social and psychological issues relating to such violence, the vulnerability of victims and volatility of perpetrators, and the court's role in ensuring that the parties have appropriate and adequate representation;
           (8)      procedures and other matters relating to issuing orders of protection from domestic violence.
     30.17.      (JUD: Fathers and Families Initiative)  The $500,000 appropriated to the Judicial Department for the South Carolina Center for Fathers and Families must be used by that organization to provide a program for low-income fathers as an alternative to incarceration for nonpayment of child support.  The center shall use these funds to administer the program for unemployed or underemployed low-income fathers in eight fatherhood program sites around the state.  These sites shall include any of the following counties:  Horry, Richland, Lexington, Charleston, Georgetown, Lancaster, Marlboro, Florence, Greenville, or Spartanburg.  The program shall assist low-income fathers in the current fiscal year with securing livable wage employment within forty-five days of their admission into the program and provide other core fatherhood services, including parenting and job retention skills.  Fathers who are admitted into the program must be required to consistently make their monthly child support payments, pay any monthly arrearage payments which are due, and attend weekly fatherhood meetings.
     The Center for Fathers and Families shall submit to the Senate Finance Committee and House Ways and Means Committee a complete detailed accounting for the expenditures of these funds by April 30, 2008.  At a minimum the report shall consist of a line item listing of expenditures, personnel, site locations, the number of program participants, and the number who successfully complete the program.
SECTION 32 - E20 - ATTORNEY GENERAL'S OFFICE

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

SECTION 33 - E21 - PROSECUTION COORDINATION COMMISSION

     33.1.      (PCC: Solicitor Salary)  The amount appropriated in this section for salaries of solicitors shall be paid to each full-time solicitor.
     33.2.      (PCC: Solicitor Expense Allowance)  Each solicitor shall receive five hundred dollars ($500.00) per month as expense allowance.
     33.3.      (PCC: Judicial Circuits State Support)  The amount appropriated and authorized in this section for Judicial Circuits (16) State Support may, upon approval of the commission, be used to fund necessary administrative and personnel costs of the commission and other expenditures approved by the commission, not to exceed 5% of the appropriation, and the balance thereafter remaining shall be apportioned among the circuits on a per capita basis and based upon the official census of 2000.  Payment shall be made as soon after the beginning of each quarter as practical.
     33.4.      (PCC: Solicitor Carry Forward)  Any unexpended balance on June 30, of the prior fiscal year, may be carried forward into the current fiscal year and expended for the operation of the solicitor's office relating to operational expenses.
     33.5.      (PCC: Solicitor's Office - County Funding Level)  It is the intent of the General Assembly that the amounts appropriated for solicitors' offices shall be in addition to any amounts presently being provided by the county for these services and may not be used to supplant funding already allocated for such services without any additional charges.
     33.6.      (PCC: Worthless Check Unit)  A Circuit Solicitor may establish, under his direction and control and with the agreement of the county governing body, a Worthless Check Unit for the purpose of processing worthless checks and to assist the victims of these cases in the collection of restitution.  The fee schedule shall be fifty dollars for checks up to $500, one hundred dollars for checks $501-$1,000, and one hundred-fifty dollars for checks $1,001 or greater.  An amount equal to the allowable administrative costs contained in Section 34-11-70(c) must be added to the fee.  All fees, other than court costs and an amount equal to the allowable administrative costs contained in Section 34-11-70(c) which must be remitted to the treasurer for deposit in the county general fund, collected by the Worthless Check Unit in accordance with the fee schedule promulgated under this proviso must be deposited into a fund known as the Worthless Check Fund maintained by the county treasurers of the counties comprising the circuit.  All funds collected and deposited in this fund shall be applied first to defray the costs of operation of the Worthless Check Unit with the balance thereof to be used by the Solicitor to pay normal operating expenses of his office.  Withdrawals from this account shall be made only at the request of the Solicitor.  The funds generated pursuant to this proviso must not be used to reduce the amount budgeted by the county to the Solicitor's office.  The Solicitor shall further maintain an account for the purpose of collection and disbursement of restitution of all funds collected for the benefit of the victims of the worthless check.  The Worthless Check Unit shall disburse to the victim all restitution collected in connection with the original complaint filed.  If the victim cannot be located after a reasonable time and upon diligent efforts to locate him, the restitution due the victim must be transferred to the general fund of the county.
     33.7.      (PCC: Drug Court Funding)  (A)  In addition to all other assessments and surcharges required to be imposed by law, during the current fiscal year, a one hundred dollar surcharge is also levied on all fines, forfeitures, escheatments, or other monetary penalties imposed in the general sessions court or in magistrates' or municipal court for misdemeanor or felony drug offenses.  No portion of the surcharge may be waived, reduced, or suspended.  (B)  The revenue collected pursuant to subsection (A) must be retained by the jurisdiction which heard or processed the case and paid to the State Treasurer within thirty days after receipt.  The State Treasurer shall transmit these funds to the Prosecution Coordination Commission which shall then apportion these funds among the sixteen judicial circuits on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States census.  The funds shall be used for drug treatment court programs only.  (C)  It is the intent of the General Assembly that the amounts generated by this paragraph shall be in addition to any amounts presently being provided for drug treatment court programs and may not be used to supplant funding already allocated for these services.  (D)  The State Treasurer may request the State Auditor to examine the financial records of any jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to subsection (B).  The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination.
     33.8.      (PCC: Solicitors Victim/Witness Assistance Programs)  The amount appropriated and authorized in Part IA, Section 33 for Solicitors Victim/Witness Assistance Programs shall be apportioned among the circuits on a per capita basis and based upon the official census of 2000.  Payment shall be made as soon after the beginning of each quarter as practical.
     33.9.      (PCC: Criminal Domestic Violence Prosecution)  The amount appropriated in Part IA, Section 33, for Criminal Domestic Violence Prosecution shall be apportioned equally among the circuits.  The amount appropriated shall be used solely for the purpose of criminal domestic violence prosecution in the magistrate and circuit courts.  Payment shall be made as soon after the beginning of each quarter as practical.  Each Solicitor shall designate at least one individual prosecutor per county for this purpose.  A Solicitor and the Attorney General may partner to accomplish these provisions.  The Prosecution Coordination Commission shall retain information and data on criminal domestic violence prosecutions and shall provide the General Assembly with an annual report no later than sixty days after the conclusion of the fiscal year.  If not privileged information by law, the report shall at a minimum include information and statistics regarding the location, the number and type of criminal domestic violence charges, the number of cases prosecuted, and the disposition of the cases.
     33.10.      (PCC: DUI Prosecution)  The amount appropriated in Part IA, Section 33, for Driving Under the Influence Prosecution shall be apportioned equally among the circuits.  The amount appropriated shall be used solely for the purpose of driving under the influence prosecution in the magistrate and circuit courts.  Payment shall be made as soon after the beginning of each quarter as practical; however, before the second or subsequent quarterly payments may be made, the Solicitor must provide proof that additional personnel above the previous level have been hired for the purpose of prosecuting driving under the influence cases in magistrate and circuit courts.  The Prosecution Coordination Commission shall retain information and data on driving under the influence prosecutions and shall provide the General Assembly with an annual report no later than 60 days after the conclusion of the fiscal year.  The report shall at a minimum include an accounting of the expenditure of the funds as well as information and statistics regarding the location, the number and type of driving under the influence charges, the number of cases prosecuted, and the disposition of the cases.
SECTION 35 - E23 - COMMISSION ON INDIGENT DEFENSE

     35.1.      (INDEF: Defense of Indigents Formula)  The amount appropriated in this section Act for "Defense of Indigents" shall be apportioned among counties in accord with Section 17-3-70, 1976 Code, but on a per capita basis and based upon the most current official decennial census of the United States; provided that no county shall receive funding in an amount less than the amount apportioned to it as of July 1, 2005.  The level of contribution of each county as of July 1, 2001, must be maintained.  No county shall be permitted to contribute less money than the amount the county contributed in the prior fiscal year.  Within the amount of money established for indigent defense services, the State shall set aside $3,000,000 (Death Penalty Trial Fund) annually exclusively for use of the defense in capital cases pursuant to Section 16-3-26 of the 1976 Code, and for the expenses of the operation of the Commission on Indigent Defense.  The State also shall set aside $1,500,000 annually to pay fees and expenses of private counsel appointed in non-capital cases pursuant to Section 17-3-50 (Conflict Fund).  Of the funds generated from the fees imposed under Sections 14-1-206(C)(4), 14-1-207(C)(6) and 14-1-208(C)(6) and the application fee provided in Section 17-3-30(B), on a monthly basis, 50% must be deposited into the Death Penalty Trial Fund, 15% must be deposited into the Conflict Fund until each of these funds has received the required level of deposit, and the remaining funds each month must be apportioned among the counties' public defender offices pursuant to Section 17-3-70.  When either the Death Penalty Trial Fund or the Conflict Fund has been fully funded, the monthly revenue being set aside for that fund will be directed to the other fund until it is completely funded.  Upon complete funding of both the Death Penalty Trial Fund and the Conflict Fund, all revenue collected pursuant to Sections 14-1-206(C)(4), 14-1-207(C)(6), 14-1-208(C)(6), and 17-3-30(B) must be apportioned among the counties' public defender offices pursuant to Section 17-3-70.  At the end of each fiscal year, any funds remaining in the Conflict Fund shall be treated as provided in Section 17-3-330(B).  At the end of each fiscal year any leftover funds shall carryover to the next fiscal year.  All applications for the payment of fees and expenses in capital cases shall be applied for from the Death Penalty Trial Fund which shall be administered by the Commission on Indigent Defense.  All applications for the payment of fees and expenses of private counsel or expenses of public defenders pursuant to Section 17-3-50 shall be applied for from the Conflict Fund administered by the Office of Indigent Defense.
     35.2.      (INDEF: State Employee Compensation Prohibited)  Except as otherwise provided in Section 72.5, no money appropriated pursuant to Defense of Indigents shall be used to compensate any state employees appointed by the court as examiners, guardians ad litem or attorneys nor shall such funds be used in payment to any state agency for providing such services by their employees.
     35.3.      (INDEF: Appellate Conflict Fund)  The purpose of this fund is to provide money to pay attorneys for representing indigent defendants on appellate review when the Office of Appellate Defense is unable to do so.  Funds designated for appellate use in conflict cases shall be administered by the Office of Indigent Defense.  The Office of Appellate Defense must first determine that it is unable to provide representation.  Fees shall be $40 per hour for out of court work and $60 for in court work, with a maximum of $3,500 per case for non-capital appeals.  Fees shall be $50 per hour for out of court work and $75 per hour for in court work in capital appeals with a maximum of $10,000 per capital appeal.  The appropriate appellate court shall review and approve vouchers for payment for appellate conflict cases.  The Office of Appellate Defense shall continue to provide printing and other support functions currently provided from their resources.  On June 30 of each year, the Office of Indigent Defense shall review all outstanding obligations in this fund.  Any unspent and unobligated money shall be used to pay outstanding vouchers in the Death Penalty Trial Fund or the Conflict Fund, provided the designated fund has become exhausted during the year.
     35.4.      (INDEF: Post Conviction Relief Payments)  Notwithstanding any other provision of law, the court shall order payment of all fees and costs in non capital Post Conviction Relief cases from funds appropriated to the Office of Indigent Defense for the defense of indigents in non capital Post Conviction Relief cases.  Any attorney appointed shall be compensated at a rate not to exceed forty dollars per hour for time expended out of court and sixty dollars per hour for time expended in court. In court payments shall be made only for the time actually spent before the court.  Compensation and costs shall not exceed one thousand dollars in any single case and shall be paid from funds appropriated to the Office of Indigent Defense for the defense of indigents represented by court-appointed, private counsel, in non capital Post Conviction Relief cases.
     35.5.      (INDEF: Civil Court Appointments)  The funds appropriated under "Civil Court Appointments" shall be used for Civil Court Appointments including Termination of Parental Rights, Abuse and Neglect, Probate Court Commitments, Sexually Violent Predator Act, and Post Conviction Relief (PCR) to reimburse court appointed private attorneys and for other expenditures as specified in this provision.  Civil Court Appointments funds may not be transferred or used for any other purpose.
     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 20-7-7205 et seq., and 20-7-8705 (4)(a) et seq.; for "Probate Court Commitment" cases to reimburse private attorneys who are appointed by the Probate Court to represent indigent persons; and 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.  When private counsel is appointed pursuant to these provisions, counsel shall be reimbursed a reasonable fee to be determined on the basis of forty sixty dollars per hour.  Reimbursement shall not exceed one thousand seven hundred fifty two thousand four hundred 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.  Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonable and necessary for the representation of the defendant, the court shall authorize the defendant's attorney to obtain such services on behalf of the defendant and shall order the payment, from funds available to the Office of Indigent Defense, of fees and expenses not to exceed five hundred dollars as the court considers appropriate.  Payment in excess of the five hundred dollar limit is authorized only if the court certifies, in a written order with specific findings of fact, that payment in excess of the limit is appropriate because the services provided were reasonable and necessarily incurred to provide adequate defense.  Payments shall be made from funds appropriated for this purpose from the Commission of Indigent Defense.
     Indigent defense vouchers authorized in this provision must be reviewed pursuant to procedures established by the Commission on Indigent Defense.  The commission shall provide a copy of the established procedures to the Senate Finance Committee and the House Ways and Means Committee.
     A portion of the funds appropriated under "Civil Court Appointments" may be used by the Commission on Indigent Defense to retain, on an annual contractual basis, the services of attorneys qualified to handle civil court appointments, whose services shall be engaged on the basis of bids submitted and approved payment of no more than an hourly rate of sixty dollars per hour, not to exceed two thousand four hundred dollars per case for the services to be rendered.
     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 Section 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 is directed to transfer $360,000 from the Civil Appointment Fund to the Governor's Office of Executive Policy and Programs, Guardian ad Litem Program for payment of attorney appointments in child abuse and neglect cases.  The Commission on Indigent Defense shall allocate Civil Court Appointment funds for payment to attorneys appointed in child abuse and neglect cases where volunteer appointments to the case cannot be made by the South Carolina Guardian ad Litem Program.  The commission shall take into consideration case loads, populations, needs, etc., of the individual offices counties, to determine an amount needed to provide effective representation of the children concerned that would not be represented by those appointments funded by the $360,000 redirected to the South Carolina Guardian ad Litem Program.  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 guardians ad litem from funds provided from the Civil Appointment Fund.
     35.7.      (INDEF: County Contributions)  For the current fiscal year, in addition to amounts appropriated to the Commission on Indigent Defense for Defense of Indigents/Per Capita, no county shall reduce its contribution to the local Defender Corporation below the amount provided for such organization in the prior fiscal year.
     35.8.      (INDEF: Carry Forward)  To offset budget reductions, the Office of Indigent Defense may carry forward and utilize any unencumbered balances available in the Appellate Conflict Fund and the Civil Fund at the end of the prior fiscal year.
     35.9.      (INDEF: Carry Forward of Obligations)  Notwithstanding any other provision of law, the Commission on Indigent Defense is authorized to carry-forward unpaid obligations incurred and received for payment in one fiscal year and to pay, to the extent possible, these obligations from funds appropriated in the next year's budget.
     35.10.      (INDEF: Application Fee for Appointment of Counsel)  For the current fiscal year, the application fee for public defender services payable under Section 17-3-30(B) is increased to forty ($40) dollars.
     35.11.      (INDEF: Assessments Increase)  The assessment paid pursuant to Section 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 Section 14-1-206, 14-1-207, or 14-1-208 shall not be less than the amounts credited to those agencies in the previous fiscal year.
     35.12.      (INDEF: Defense of Indigents Application Fee)  (A)  A person to whom counsel has been provided in any court in this state shall execute an affidavit that the person is financially unable to employ counsel and that affidavit shall set forth all of the person's assets.  If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets or a portion thereof to the Office of Indigent Defense of the State of South Carolina.
     (B)      A forty dollar application fee for appointed counsel services must be collected from every person who executes an affidavit that they are financially unable to employ counsel.  The person may apply to the court, the clerk of court, or other appropriate official for a waiver or reduction in the application fee.  If it is determined that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee is waived or reduced, the clerk or appropriate official shall report the amount waived or reduced to the trial judge and the trial judge shall order the remainder of the fee paid during probation if the person is granted probation or by a time payment method if probation is not granted or appropriate.  The clerk of court or other appropriate official shall collect the application fee imposed by this section and remit the proceeds to the Public Defender Application Fund on a monthly basis.  The monies must be deposited in an interest-bearing account separate from the general fund and used only to provide for indigent defense services.  The monies shall be administered by the Office of Indigent Defense.  The clerk of court or other appropriate official shall maintain a record of all persons applying for representation and the disposition of the application and shall provide this information to the Office of Indigent Defense on a monthly basis as well as reporting the amount of funds collected or waived.
     (C)      In matters in which a juvenile is brought before a court, the parents or legal guardian of such juvenile shall execute the above affidavit based upon their financial status and shall be responsible for paying any fee.  In juvenile matters, the parents or legal guardians of said juvenile, shall be advised in writing of this requirement at the earliest stage of the proceedings against said juvenile.
     (D)      Nothing contained above shall restrict or hinder a court from appointing counsel in any emergency proceedings or where existing statutes do not provide sufficient time for an individual to complete the application process.
     (E)      The appointment of counsel, as herein before provided, creates a claim against the assets and estate of the person who is provided counsel or the parents or legal guardians of a juvenile in an amount equal to the costs of representation as determined by a voucher submitted by the appointed counsel and approved by the court, less that amount that the person pays to the appointed counsel or defender corporation of the county or counties wherein he is being represented or to the Office of Indigent Defense as provided for above.
     (F)      Such claim shall be filed in the office of the clerk of court in the county where the person is assigned counsel, but the filing of a claim shall not constitute a lien against real or personal property of the person unless, in the discretion of the court, part or all of such claim is reduced to judgment by appropriate order of the court, after serving the person with at least thirty days' notice that judgment will be entered.  When a claim is reduced to judgment, it shall have the same effect as judgments, except as modified by this chapter.
     (G)      The court may, in its discretion, order any claim or judgment waived, modified or withdrawn.
     35.13.      (INDEF: Public Defender Fee)  Every person placed on probation on or after July 1, 2003, who was represented by a public defender or appointed counsel, shall be assessed a fee of five hundred dollars.  The revenue generated from this fee must be collected by the clerk of court and sent on a monthly basis to the Office of Indigent Defense to be divided between the Conflict Fund and the Defense of Indigents/Per Capita Fund administered by that office.  However, if a defendant fails to pay this fee, this failure alone is not sufficient basis for incarceration for a probation violation.  This assessment shall be collected and paid over before any other fees.  Provided, however, in those counties which contract with appointed counsel for the defense of indigents other than the public defender, one-half of the fee collected may be remitted by the Clerk of Court to the county which contracts for payment for these services.
     35.14.      (INDEF: Office of Indigent Defense Study Committee)  A study committee to develop a formula for the best disbursement of public defender distributions is established to review the current distribution methods and make recommendations for future public defender funds.  The study committee shall be composed of three members appointed by the Chairman of the Commission on Indigent Defense, one of whom must not be the chairman of said commission, and three members from Public Defenders Offices in selected counties, also appointed by the Chairman of the Commission on Indigent Defense.  Members of the study committee shall serve without compensation.  Personnel of the Office of Indigent Defense shall serve as staff and advisors to the committee.
     Findings and recommendations shall be reported to the General Assembly by September 1, 2006.  When calculating their funding method the committee may use any formula they deem best, but at least one formula model must include recommendations with violent crime rates and a poverty factor.  Upon submission of the report, the committee shall be dissolved.
SECTION 36 - K05 - DEPARTMENT OF PUBLIC SAFETY

     36.1.      (DPS: Special Events Traffic Control)  The highway patrol must not charge any fee associated with special events for maintaining traffic control and ensuring safety on South Carolina public roads and highways unless approved by the General Assembly.  Nothing shall prohibit the Treasury of the State from accepting voluntary payment of fees from private or public entities to defray the actual expenses incurred for services provided by the Department of Public Safety.
     36.2.      (DPS: Miscellaneous Revenue)  Notwithstanding any other provisions of law, revenue Revenue received from the sale of meals to employees and students attending non-mandated, advanced, or specialized training courses, sale of student locks and materials, sale of legal manuals and other publications, postal reimbursement, photo copying, electronic data from traffic collisions, sale of miscellaneous refuse and recyclable materials, insurance claim receipts, tuition from non-mandated, advanced, or specialized courses, coin operated telephones, revenue from E-911 and Coroner training, revenue from psychological screening, private college tuition, and revenue from canteen operations and building management services, revenue from regional and national marketing of the "Crime-to-Court" and other Department of Public Safety training series shall be retained by the department and expended in budgeted operations for food services, expansion of the department's distance learning programs, professional training, fees and dues, clothing allowance, and other related services or programs as the Director of the Department of Public Safety may deem necessary.
     The Department of Public Safety shall report annually to the General Assembly the amount of miscellaneous revenue retained and carried forward.
     36.3.      (DPS: Federal, Other Flow Through Funds)  In order to complete projects begun in a prior fiscal year, the Department of Public Safety is authorized to expend federal and earmarked funds in the current fiscal year for expenditures incurred in the prior fiscal year.
     36.4.      (DPS: License Fees)  Notwithstanding any provision of Title 56 of the 1976 Code relating to the disposition of revenues, all revenues derived under Title 56 credited to the Department of Public Safety must be credited to the General Fund of the State, except for those fees collected to recover the costs of the production, purchase, handling and mailing of documents, publications, records, and data sets, those fees collected under Sections 56-5-2951 and 56-1-286 for supplying and maintaining video cameras in law enforcement vehicles used for traffic enforcement and the issuance of the alcohol restricted license, those fees designated under Section 56-1-1320 to be used by the department to hire, train, and equip members of the highway patrol and state transport police, and the revenues of fees imposed pursuant to Sections 56-1-170, 56-1-286, 56-1-390, 56-1-740, 56-1-745, 56-1-746, 56-5-750, 56-5-2951, 56-9-430, 56-10-260, and 56-10-270, but only the revenues of that portion of these fees that represents increases in the rate of these fees over rates in effect June 30, 2001, to be used by the department to defray the expenses of the Department of Motor Vehicles.
     36.5.      (DPS: Motor Carrier Registration Fees)  Notwithstanding any other provisions of law, enforcement by the State Transport Police Division of the department, of Articles 3 and 5, of Chapter 23 of Title 58 of the 1976 Code, shall be funded from the motor carrier registration fees collected by the Department of Motor Vehicles that previously were collected by the Public Service Commission and the Department of Public Safety.  Additionally, the State Transport Police is authorized to expend the motor carrier registration fees to build or renovate weigh stations.  All unexpended funds from prior years collected under this proviso may be retained and carried forward by the department for the same purposes.
     36.6.      (DPS: Witness Fee)  The Department of Public Safety is hereby authorized to charge a witness fee of $130.00 per hour, up to $1,000 per day for each trooper trained in Advanced Accident Investigation testifying in civil matters which do not involve the State as a party in interest.  This fee shall be charged in addition to any court prescribed payment due as compensation or reimbursement for judicial appearances and deposited into a designated revenue account.  The department is authorized to receive, expend, retain, and carry forward these funds.
     36.7.      (DPS: Commissioned Officers' Physicals)  The department is authorized to pay for the cost of physical examinations for department personnel who are required to receive such physical examinations prior to or after receiving a law enforcement commission.
     36.8.      (DPS: Retention of Emergency Expenditure Refunds)  The Department of Public Safety is authorized to collect, expend, retain, and carry forward all funds received from other state or federal agencies in the current fiscal year as reimbursement of expenditures incurred in the current or prior fiscal year when personnel and equipment are mobilized and expenses incurred due to an emergency.
     36.9.      (DPS: Retention of Private Detective Fees)  The Department of Public Safety is hereby authorized to receive, expend, retain, and carry forward all funds transmitted from SLED related to fees charged and collected by SLED from license and registration fees for private detective businesses, private security businesses, including employees of these businesses, and companies which provide private security on their own premises.  The funds transferred are to be used in the Bureau of Protective Services Program to provide security for state agencies and the Capitol Complex.
     36.10.      (DPS: Meals in Emergency Operations)  The Department of Public Safety may provide meals to employees of the department who are not permitted to leave assigned duty stations and are required to work during deployment, emergency simulation exercises and when the Governor declares a state of emergency.
     36.11.      (DPS: School Zone Safety Week)  From the funds appropriated to the department, the Department of Public Safety is directed to designate a week each year in every county as South Carolina School Zone Safety Week.  This week must correspond with the school start date for that county.  The department shall work to organize and engage state law enforcement officials and schools in activities that promote safety in school zones during the above named week.  The department shall provide suitable materials and other aids for use in the observance of the week.  In January of each year, the department shall provide a report to the Governor, the Speaker of the House, and the President Pro Tempore of the Senate, regarding the school zone safety activities the department has helped to organize.
     36.12.      (DPS: Inmate Release)  The Department of Public Safety is directed to utilize the funds appropriated to the department to positively ascertain the identity of any individuals arrested under Section 20-7-8920 or Section 20-7-8925 of the 1976 Code, before that individual is released from custody.
     36.13.      (DPS: Motor Carrier Advisory Committee)  From the funds appropriated and/or authorized to the Department of Public Safety and the Department of Motor Vehicles, the departments are directed to jointly establish a Motor Carrier Advisory Committee to solicit input from the Trucking Industry and other interested parties in developing policies and procedures for the regulation of this industry.  The members of the advisory committee shall serve without compensation.
     36.14.      (DPS: Law Enforcement Subsistence)  The provisions of Section 56-19-420(B)(1) of the 1976 Code are suspended for the current fiscal year and instead of the allocation provided pursuant to that subitem, the first one million dollars must be deposited into the State General Fund and used to increase the subsistence allowance for law enforcement officers.  For the current year the subsistence deduction allowed pursuant to Section 12-6-1140(6) of the 1976 Code is increased to eight dollars for each regular work day.
     36.15.      (DPS: Sale of Real Property)  At such time as any portion of the Laurens Road property in Greenville is declared to be surplus by the agency or agencies which occupy said portion, and after receiving approval from the Budget and Control Board for the sale of the property, the Department of Public Safety, the Department of Transportation, and the Department of Motor Vehicles are authorized to receive, retain, expend, and carry forward funds derived from the sale of the real property in which each agency holds an interest or title.  No portion of the property may be declared as surplus by one agency if another agency is occupying said property.  The Department of Public Safety is directed to use these funds to defray the operating expenses of the Highway Patrol and the Department of Transportation and the Department of Motor Vehicles are directed to use their portion of these funds for department operating expenses.
     36.16.      (DPS: Building Fund Flexibility)  For the current fiscal year, all monies collected in the Department of Public Safety Building Fund, Subfund 3324, that exceed the annual bond payment and the amount needed for building repair must be utilized by the department to support the Highway Patrol.
     36.17.      (DPS: Yearly Financial Audit)  Notwithstanding any other provision of law, the Department of Public Safety may have an Agreed Upon Procedures audit in lieu of having audited financial statements.  This audit shall be in coordination with the State Auditor's Office and will be in accordance with generally accepted accounting principles and must comprise all financial records and controls.  This audit must be completed by November 1 following the close of the fiscal year.
     36.18.      (DPS: CMV Driver Rest Areas)  A joint working group is to be established between the Department of Transportation, Department of Public Safety, State Transport Police and the South Carolina Trucking Association to review and evaluate where critical rest areas may be made available for commercial motor vehicle drivers to park and obtain their federally mandated required rest.
     36.19.      (DPS: Hunley Security)  From the funds appropriated to the Department of Public Safety, the department is directed to assign two law enforcement officers to provide security services for the H.L. Hunley at the Warren Lasch Laboratory in Charleston.
     36.20.      (DPS: SC Law Enforcement Officers Hall of Fame)  The Department of Public Safety is hereby authorized to retain all revenue received in court fines, pursuant to Sections 14-1-206(3), 14-1-207(3), and 14-1-208(3) of the 1976 Code, for the purpose of defraying the costs of maintaining and operating the Hall of Fame.  The department may retain the surplus for the same purpose and is authorized to carry forward and expend such funds.

SECTION 36A - R40 - DEPARTMENT OF MOTOR VEHICLES

     36A.1.      (DMV: Miscellaneous Revenue)  Notwithstanding any other provisions of law, revenue received from the sale of legal manuals and other publications, postal reimbursement, third party commercial driver license testing, photo copying, sale of miscellaneous refuse and recyclable materials, insurance claim receipts, and tuition from non-mandated, advanced, or specialized courses shall be retained by the department and expended in budgeted operations and other related services or programs as the Director of the Department of Motor Vehicles may deem necessary.  The Department of Motor Vehicles shall report annually to the General Assembly the amount of miscellaneous revenue retained and carried forward.
     36A.2.      (DMV: Federal, Other Flow Through Funds)  In order to complete projects begun in a prior fiscal year, the Department of Motor Vehicles is authorized to expend federal and earmarked funds in the current fiscal year for expenditures incurred in the prior fiscal year.
     36A.3.      (DMV: Publish County DMV Local Telephone Number)  From the funds appropriated in Part IA, Section 36A to the Department of Motor Vehicles, it is the intent of the General Assembly that the Department of Motor Vehicles in each county should have a local telephone number that is published.
     36A.4.      (DMV: Cost Recovery Fee/Sale of Photos or Digitized Images)  The Department of Motor Vehicles may collect processing fees and fees to recover the costs of the production, purchase, handling and mailing of documents, publications, records and data sets.  The amount charged by the Department of Motor Vehicles for any fees collected pursuant to this proviso may not exceed the rates that the department charged as of February 1, 2001.  The Department of Motor Vehicles may not sell, provide or otherwise furnish to private parties, copies of photographs, whether digitized or not, taken for the purpose of a driver's license or personal identification card.  Photographs and digitized images from a driver's license or personal identification card are not considered public records.  Funds derived from these sources shall be retained by the department.
     36A.5.      (DMV: License Fees)  Notwithstanding any provision of Title 56 of the 1976 Code relating to the disposition of revenues, all revenues derived under Title 56 credited to the Department of Motor Vehicles must be credited to the General Fund of the State, except for those Fees collected 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, and those fees designated under Section 56-1-1320 to be used by the Department of Public Safety to hire, train, and equip members of the highway patrol and state transport police, shall be transferred to the Department of Public Safety.  All fees collected to recover the costs of the production, purchase, handling and mailing of documents, publications, records, and data sets, those fees collected under Sections 56-5-2951 and 56-1-286 for supplying and maintaining video cameras in law enforcement vehicles used for traffic enforcement and the issuance of the alcohol restricted license, those fees designated under Section 56-1-1320 to be used by the Department of Public Safety to hire, train, and equip members of the highway patrol and state transport police, and the revenues of fees imposed pursuant to Sections 56-1-170, 56-1-286, 56-1-390, 56-1-740, 56-1-745, 56-1-746, 56-5-750, 56-5-2951, 56-9-430, 56-10-260, and 56-10-270, but only the revenues of that portion of these fees that represents increases in the rate of these fees over rates in effect June 30, 2001, shall be transferred to the Department of Motor Vehicles to be used by the department to defray the expenses of the Department of Motor Vehicles.
     36A.6.      (DMV: Expedited Documents and Records Upon Request)  The Department of Motor Vehicles may collect a surcharge, not to exceed $20 per document, in addition to normal fees to expedite requests for copies of documents and records at the option of the requesting party.  Requested documents or records will be available within 72 hours of receipt of the expedited request.  Normal document and record processing time will be not more than 30 days.  Funds derived from these sources shall be retained by the department.  Nothing in this section may be construed as circumventing the requirements of Section 30-4-30 of the Freedom of Information Act for documents requested pursuant to Section 30-4-30.
     36A.7.      (DMV: Vehicle License Tax Year)  From funds allocated for other operating expenses in program II. D. Technology and Program Development, the department shall allocate sufficient funds to implement necessary accounting and computer operating system changes to ensure that after the transfer of a license tag to a vehicle, before any subsequent transfer of a license tag to that same vehicle is processed, the department shall require a paid tax receipt, based upon the value of the vehicle to which the license tag is being transferred, for the remaining months of the tax year of the license tag being transferred.  This requirement shall only apply if the owner requesting the transfer has previously transferred a tag to the same vehicle.  Should the vehicle from which the tag was transferred be re-registered, the registration cycle for that vehicle shall begin in the month that the new tag is issued.  This provision shall take effect January 1, 2006.
     36A.8.      (DMV: Validation Stickers)  Annual license tag validation stickers which are issued for non-permanent tags on certified, public law enforcement vehicles shall be issued without charge by the Department of Motor Vehicles.
     36A.9.      (DMV: DPPA Compliance Audit)  The Department of Motor Vehicles may charge fees to defray the costs associated with auditing and enforcing compliance of all Federal or State statutes and regulations pertaining to personal information for customers receiving information disseminated by the department as allowed by law.  This provision does not pertain to state agencies.  The Comptroller General shall place the funds into a special restricted account to be used by the department.
     36A.10.      (DMV: DMV Transaction Fee)  The Department of Motor Vehicles is authorized to collect a transaction fee from commercial third parties who either transmit or retrieve data from the DMV.  The fee cannot exceed five dollars per transaction and must be mutually agreed to by all parties. These fees are to be retained by the division and placed in a special restricted interest-bearing account to be used by the division to defray the costs associated with the maintenance and operation of the division's information and technology system.
     36A.11.      (DMV: CDL Skills Test Fee)  The commercial driver's license skills test shall be administered to an individual free of charge one time, thereafter the Department of Motor Vehicles is authorized to charge a fee of twenty-five dollars for each commercial driver's license skills test administered by the department.  State agency and school district employees who are required to possess a commercial driver's license in the course of their normal job duties are exempt from this requirement.  This fee must be deposited into a special earmarked account by the State Treasurer to be used by the Department of Motor Vehicles.
     36A.12.      (DMV: Motor Carrier Registration Fees)  Notwithstanding any other provisions of law, administration of Articles 3 and 5, of Chapter 23 of Title 58, shall be funded from the motor carrier registration fees collected by the department that previously were collected by the Public Service Commission.  All unexpended funds from prior years collected under this proviso may be retained and carried forward by the department for the same purposes.
     36A.13.      (DMV: Motor Carrier Advisory Committee)  From the funds appropriated and/or authorized to the Department of Motor Vehicles, the department is directed to establish a Motor Carrier Advisory Committee to solicit input from the Trucking Industry and other interested parties in developing policies and procedures for the regulation of this industry.  The members of the advisory committee shall serve without compensation.
     36A.14.      (DMV: License Tag Transfer Fee)  For the current fiscal year, the Department of Motor Vehicles is authorized to charge a fee of ten dollars for the transfer of a license plate from one vehicle to another vehicle owned or leased by the same person.  Of this fee, three dollars must be credited to the State General Fund.  The remainder must be placed into a special earmarked account by the State Treasurer to be used by the Department of Motor Vehicles.
     36A.15.      (DMV: Underutilized Offices)  The Director of the Department of Motor Vehicles is authorized to develop and implement a plan to reduce the hours of operation in underutilized DMV field offices.
     36A.16.      (DMV: Duplicate License Fee)  For Fiscal Year 2006-07 the current fiscal year, the Department of Motor Vehicles is authorized to increase the Duplicate License Fee from three to ten dollars.  This incremental increase of seven dollars must be deposited into a special earmarked account by the State Treasurer to be used by the Department of Motor Vehicles.
     36A.17.      (DMV: Personalized License Plates)  Notwithstanding the provisions of Section 56-3-2010(B) of the 1976 Code, as amended, every personalized license plate issued to members of the General Assembly and members of the licensed state or federal commissions and boards expires January thirty-first each year.

SECTION 36B -N20 - LAW ENFORCEMENT TRAINING COUNCIL

     36B.1.      (LETC: CJA-Federal, Other Flow Through Funds)  In order to complete projects begun in a prior fiscal year, the Law Enforcement Training Council, Criminal Justice Academy is authorized to expend federal and earmarked funds in the current fiscal year for expenditures incurred in the prior fiscal year.
     36B.2.      (LETC: CJA-Retention of Emergency Expenditure Refunds) The Law Enforcement Training Council, Criminal Justice Academy 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.
     36B.3.      (LETC: CJA-Miscellaneous Revenue)  Notwithstanding any other provisions of law, revenue received from the sale of meals to employees and students attending non-mandated, advanced, or specialized training courses, sale of student locks and materials, sale of legal manuals and other publications, postal reimbursement, photo copying, sale of miscellaneous refuse and recyclable materials, tuition from non-mandated, advanced, or specialized courses, coin operated telephones, revenue from E-911 and Coroner training, private college tuition, and revenue from canteen operations and building management services, revenue from "Crime-to-Court" and other Criminal Justice Academy training series shall be retained by the Academy and expended in budgeted operations for food services, expansion of the department's distance learning programs, professional training, fees and dues, clothing allowance and other related services or programs as the Director of the Criminal Justice Academy may deem necessary.  The Law Enforcement Training Council, Criminal Justice Academy shall report annually to the General Assembly the amount of miscellaneous revenue retained and carried forward.

SECTION 37 - N04 - DEPARTMENT OF CORRECTIONS

     37.1.      (CORR: Clothes/Transportation Upon Discharge)  Whenever an inmate shall be discharged from the Department of Corrections, the department shall furnish such inmate with a suit of common clothes, if deemed necessary, and transportation from the Department of Corrections to his home, if his home is located within this State.  If his home is not located in South Carolina, the Department of Corrections has the discretion of providing transportation to the inmate's home state, or to the county from which he was sentenced.
     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: 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.
     37.5.      (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 comparab