Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.

*Indicates those vetoes sustained by the General Assembly on May 29, June 3 or June 4, 2008.

**Indicates those vetoes overridden by the General Assembly on June 3 or June 4, 2008.

Provisions not vetoed by the Governor took effect May 28, 2008, and generally apply for the fiscal year beginning July 1, 2008.

NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.

     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 $2,578.  In Fiscal Year 2008-09, the total pupil count is projected to be 690,363.  The average per pupil funding is projected to be $4,867 state, $1,097 federal, and $5,516 local.  This is an average total funding level of $11,480 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Abbeville School District total pupil count is projected to be 3,366.  The per pupil funding is projected to be $5,948 state, $1,174 federal, and $3,561 local.  This is a total projected funding level of $10,684 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Aiken School District total pupil count is projected to be 23,689.  The per pupil funding is projected to be $4,790 state, $729 federal, and $3,802 local.  This is a total projected funding level of $9,320 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Allendale School District total pupil count is projected to be 1,511.  The per pupil funding is projected to be $11,049 state, $1,889 federal, and $4,912 local.  This is a total projected funding level of $17,850 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Anderson School District 1 total pupil count is projected to be 9,013.  The per pupil funding is projected to be $4,466 state, $532 federal, and $3,661 local.  This is a total projected funding level of $8,659 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Anderson School District 2 total pupil count is projected to be 3,664.  The per pupil funding is projected to be $5,378 state, $762 federal, and $4,357 local.  This is a total projected funding level of $10,497 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Anderson School District 3 total pupil count is projected to be 2,643.  The per pupil funding is projected to be $5,474 state, $1,526 federal, and $3,851 local.  This is a total projected funding level of $10,851 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Anderson School District 4 total pupil count is projected to be 2,753.  The per pupil funding is projected to be $4,564 state, $1,083 federal, and $6,718 local.  This is a total projected funding level of  $12,365 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Anderson School District 5 total pupil count is projected to be 12,286.  The per pupil funding is projected to be $4,965 state, $1,010 federal, and $5,046 local.  This is a total projected funding level of $11,021 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Bamberg School District 1 total pupil count is projected to be 1,449.  The per pupil funding is projected to be $6,139 state, $1,958 federal, and $3,628 local.  This is a total projected funding level of $11,725 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Bamberg School District 2 total pupil count is projected to be 832.  The per pupil funding is projected to be $8,608 state, $1,509 federal, and $5,443 local.  This is a total projected funding level of $15,560 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Barnwell School District 19 total pupil count is projected to be 821.  The per pupil funding is projected to be $6,737 state, $2,121 federal, and $4,146 local.  This is a total projected funding level of $13,003 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Barnwell School District 29 total pupil count is projected to be 843. The per pupil funding is projected to be $6,538 state, $1,672 federal, and $3,983 local.  This is a total projected funding level of $12,193 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Barnwell School District 45 total pupil count is projected to be 2,440.  The per pupil funding is projected to be $6,026 state, $830 federal, and $3,078 local.  This is a total projected funding level of $9,935 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Beaufort School District total pupil count is projected to be 18,905.  The per pupil funding is projected to be $2,389 state, $977 federal, and $10,765 local.  This is a total projected funding level of $14,131 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Berkeley School District total pupil count is projected to be 27,451.  The per pupil funding is projected to be $4,635 state, $721 federal, and $5,927 local.  This is a total projected funding level of $11,283 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Calhoun School District total pupil count is projected to be 1,522.  The per pupil funding is projected to be $6,324 state, $1,059 federal, and $7,155 local.  This is a total projected funding level of $14,538 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Charleston School District total pupil count is projected to be 39,745.  The per pupil funding is projected to be $3,609 state, $1,328 federal, and $4,888 local.  This is a total projected funding level of $9,824 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Cherokee School District total pupil count is projected to be 9,027.  The per pupil funding is projected to be $5,157 state, $1,280 federal, and $6,749 local.  This is a total projected funding level of $13,186 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Chester School District total pupil count is projected to be 5,665.  The per pupil funding is projected to be $5,549 state, $1,719 federal, and $4,029 local.  This is a total projected funding level of $11,297 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Chesterfield School District total pupil count is projected to be 7,770.  The per pupil funding is projected to be $5,604 state, $797 federal, and $3,268 local.  This is a total projected funding level of $9,669 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Clarendon School District 1 total pupil count is projected to be 851.  The per pupil funding is projected to be $6,857 state, $4,749 federal, and $6,475 local.  This is a total projected funding level of $18,081 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Clarendon School District 2 total pupil count is projected to be 2,992.  The per pupil funding is projected to be $5,597 state, $1,761 federal, and $3,461 local.  This is a total projected funding level of $10,819 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Clarendon School District 3 total pupil count is projected to be 1,231.  The per pupil funding is projected to be $5,535 state, $755 federal, and $3,353 local.  This is a total projected funding level of $9,643 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Colleton School District total pupil count is projected to be 5,965.  The per pupil funding is projected to be $5,150 state, $1,723 federal, and $3,286 local.  This is a total projected funding level of $10,159 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Darlington School District total pupil count is projected to be 10,824.  The per pupil funding is projected to be $5,384 state, $1,378 federal, and $5,193 local.  This is a total projected funding level of $11,955 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Dillon School District 1 total pupil count is projected to be 908.  The per pupil funding is projected to be $5,031 state, $1,031 federal, and $1,851 local.  This is a total projected funding level of $7,913 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Dillon School District 2 total pupil count is projected to be 3,321.  The per pupil funding is projected to be $5,704 state, $1,183 federal, and $1,736 local.  This is a total projected funding level of $8,624 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Dillon School District 3 total pupil count is projected to be 1,573.  The per pupil funding is projected to be $5,078 state, $1,430 federal, and $2,162 local.  This is a total projected funding level of $8,670 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Dorchester School District 2 total pupil count is projected to be 21,650.  The per pupil funding is projected to be $4,386 state, $462 federal, and $3,830 local.  This is a total projected funding level of $8,679 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Dorchester School District 4 total pupil count is projected to be 2,158.  The per pupil funding is projected to be $5,950 state, $1,974 federal, and $7,428 local.  This is a total projected funding level of $15,352 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Edgefield School District total pupil count is projected to be 3,929.  The per pupil funding is projected to be $5,578 state, $867 federal, and $3,613 local.  This is a total projected funding level of $10,057 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Fairfield School District total pupil count is projected to be 3,183.  The per pupil funding is projected to be $5,256 state, $1,080 federal, and $7,775 local.  This is a total projected funding level of $14,112 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Florence School District 1 total pupil count is projected to be 14,860.  The per pupil funding is projected to be $4,790 state, $1,765 federal, and $5,032 local.  This is a total projected funding level of $11,587 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Florence School District 2 total pupil count is projected to be 1,092.  The per pupil funding is projected to be $5,908 state, $1,020 federal, and $4,248 local.  This is a total projected funding level of $11,177 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Florence School District 3 total pupil count is projected to be 3,558.  The per pupil funding is projected to be $5,760 state, $2,357 federal, and $2,869 local.  This is a total projected funding level of $10,987 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Florence School District 4 total pupil count is projected to be 858.  The per pupil funding is projected to be $8,035 state, $2,010 federal, and $5,844 local.  This is a total projected funding level of $15,888 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Florence School District 5 total pupil count is projected to be 1,486.  The per pupil funding is projected to be $5,620 state, $736 federal, and $3,914 local.  This is a total projected funding level of $10,270 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Georgetown School District total pupil count is projected to be 10,124.  The per pupil funding is projected to be $4,145 state, $1,004 federal, and $6,241 local.  This is a total projected funding level of $11,390 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Greenville School District total pupil count is projected to be 69,188.  The per pupil funding is projected to be $4,462 state, $664 federal, and $5,273 local.  This is a total projected funding level of $10,399 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Greenwood School District 50 total pupil count is projected to be 8,849.  The per pupil funding is projected to be $5,153 state, $1,007 federal, and $5,666 local.  This is a total projected funding level of $11,825 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Greenwood School District 51 total pupil count is projected to be 1,041.  The per pupil funding is projected to be $6,348 state, $1,224 federal, and $4,615 local.  This is a total projected funding level of $12,188 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Greenwood School District 52 total pupil count is projected to be 1,566.  The per pupil funding is projected to be $3,422 state, $809 federal, and $6,706 local.  This is a total projected funding level of $10,937 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Hampton School District 1 total pupil count is projected to be 2,688.  The per pupil funding is projected to be $5,707 state, $1,252 federal, and $2,944 local.  This is a total projected funding level of $9,903 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Hampton School District 2 total pupil count is projected to be 1,103.  The per pupil funding is projected to be $8,369 state, $1,644 federal, and $4,235 local.  This is a total projected funding level of $14,248 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Horry School District total pupil count is projected to be 36,514.  The per pupil funding is projected to be $3,858 state, $1,347 federal, and $7,606 local.  This is a total projected funding level of $12,811 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Jasper School District total pupil count is projected to be 3,099.  The per pupil funding is projected to be $5,199 state, $1,921 federal, and $10,636 local.  This is a total projected funding level of $17,756 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Kershaw School District total pupil count is projected to be 10,360.  The per pupil funding is projected to be $5,116 state, $775 federal, and $3,835 local.  This is a total projected funding level of $9,727 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Lancaster School District total pupil count is projected to be 11,461.  The per pupil funding is projected to be $5,094 state, $1,180 federal, and $4,071 local.  This is a total projected funding level of $10,345 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Laurens School District 55 total pupil count is projected to be 5,601.  The per pupil funding is projected to be $5,513 state, $1,088 federal, and $3,807 local.  This is a total projected funding level of $10,409 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Laurens School District 56 total pupil count is projected to be 3,182.  The per pupil funding is projected to be $5,706 state, $2,207 federal, and $3,143 local.  This is a total projected funding level of $11,056 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Lee School District total pupil count is projected to be 2,326.  The per pupil funding is projected to be $7,455 state, $1,834 federal, and $4,304 local.  This is a total projected funding level of $13,593 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Lexington School District 1 total pupil count is projected to be 21,134.  The per pupil funding is projected to be $4,951 state, $691 federal, and $6,628 local.  This is a total projected funding level of $12,270 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Lexington School District 2 total pupil count is projected to be 8,884.  The per pupil funding is projected to be $5,195 state, $3,351 federal, and $4,417 local.  This is a total projected funding level of $12,963 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Lexington School District 3 total pupil count is projected to be 1,920.  The per pupil funding is projected to be $6,108 state, $1,335 federal, and $6,372 local.  This is a total projected funding level of $13,815 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Lexington School District 4 total pupil count is projected to be 3,204.  The per pupil funding is projected to be $6,773 state, $2,632 federal, and $3,750 local.  This is a total projected funding level of $13,155 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Lexington School District 5 total pupil count is projected to be 16,582.  The per pupil funding is projected to be $5,294 state, $709 federal, and $6,597 local.  This is a total projected funding level of $12,600 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Marion School District 1 total pupil count is projected to be 2,860.  The per pupil funding is projected to be $5,490 state, $1,558 federal, and $2,789 local.  This is a total projected funding level of $9,836 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Marion School District 2 total pupil count is projected to be 1,822.  The per pupil funding is projected to be $5,683 state, $2,011 federal, and $2,750 local.  This is a total projected funding level of $10,443 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Marion School District 7 total pupil count is projected to be 679.  The per pupil funding is projected to be $8,964 state, $2,614 federal, and $3,184 local.  This is a total projected funding level of $14,761 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Marlboro School District total pupil count is projected to be 4,457.  The per pupil funding is projected to be $6,248 state, $2,017 federal, and $3,371 local.  This is a total projected funding level of $11,636 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the McCormick School District total pupil count is projected to be 881.  The per pupil funding is projected to be $5,954 state, $776 federal, and $8,728 local.  This is a total projected funding level of $15,458 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Newberry School District total pupil count is projected to be 5,769.  The per pupil funding is projected to be $5,585 state, $1,257 federal, and $5,723 local.  This is a total projected funding level of $12,565 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Oconee School District total pupil count is projected to be 10,501.  The per pupil funding is projected to be $4,465 state, $973 federal, and $8,047 local.  This is a total projected funding level of $13,484 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Orangeburg School District 3 total pupil count is projected to be 3,014.  The per pupil funding is projected to be $6,098 state, $1,495 federal, and $7,336 local.  This is a total projected funding level of $14,929 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Orangeburg School District 4 total pupil count is projected to be 4,022.  The per pupil funding is projected to be $5,512 state, $1,759 federal, and $5,092 local.  This is a total projected funding level of $12,363 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Orangeburg School District 5 total pupil count is projected to be 6,302.  The per pupil funding is projected to be $6,162 state, $1,882 federal, and $5,919 local.  This is a total projected funding level of $13,962 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Pickens School District total pupil count is projected to be 16,234.  The per pupil funding is projected to be $4,756 state, $1,117 federal, and $4,073 local.  This is a total projected funding level of $9,947 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Richland School District 1 total pupil count is projected to be 22,690.  The per pupil funding is projected to be $5,568 state, $1,239 federal, and $10,079 local.  This is a total projected funding level of $16,886 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Richland School District 2 total pupil count is projected to be 24,557.  The per pupil funding is projected to be $4,478 state, $871 federal, and $6,271 local.  This is a total projected funding level of $11,620 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Saluda School District total pupil count is projected to be 2,017.  The per pupil funding is projected to be $5,692 state, $1,111 federal, and $4,345 local.  This is a total projected funding level of $11,148 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Spartanburg School District 1 total pupil count is projected to be 5,030.  The per pupil funding is projected to be $5,070 state, $724 federal, and $4,488 local.  This is a total projected funding level of $10,282 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Spartanburg School District 2 total pupil count is projected to be 9,690.  The per pupil funding is projected to be $4,851 state, $690 federal, and $3,464 local.  This is a total projected funding level of $9,005 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Spartanburg School District 3 total pupil count is projected to be 2,980.  The per pupil funding is projected to be $5,326 state, $841 federal, and $5,134 local.  This is a total projected funding level of $11,301 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Spartanburg School District 4 total pupil count is projected to be 2,840.  The per pupil funding is projected to be $5,184 state, $1,009 federal, and $3,328 local.  This is a total projected funding level of $9,520 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Spartanburg School District 5 total pupil count is projected to be 7,169.  The per pupil funding is projected to be $4,536 state, $821 federal, and $5,849 local.  This is a total projected funding level of $11,206 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Spartanburg School District 6 total pupil count is projected to be 10,378.  The per pupil funding is projected to be $4,445 state, $797 federal, and $4,781 local.  This is a total projected funding level of $10,023 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Spartanburg School District 7 total pupil count is projected to be 7,030.  The per pupil funding is projected to be $6,386 state, $1,672 federal, and $7,922 local.  This is a total projected funding level of $15,980 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Sumter School District 2 total pupil count is projected to be 8,637.  The per pupil funding is projected to be $5,300 state, $1,375 federal, and $3,023 local.  This is a total projected funding level of $9,697 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Sumter School District 17 total pupil count is projected to be 8,075.  The per pupil funding is projected to be $5,735 state, $1,272 federal, and $3,613 local.  This is a total projected funding level of $10,620 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Union School District total pupil count is projected to be 4,431.  The per pupil funding is projected to be $6,053 state, $1,140 federal, and $2,430 local.  This is a total projected funding level of $9,622 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the Williamsburg School District total pupil count is projected to be 5,240.  The per pupil funding is projected to be $5,697 state, $2,692 federal, and $2,566 local.  This is a total projected funding level of $10,955 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the York School District 1 total pupil count is projected to be 5,080.  The per pupil funding is projected to be $5,299 state, $593 federal, and $4,182 local.  This is a total projected funding level of $10,074 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the York School District 2 total pupil count is projected to be 6,430.  The per pupil funding is projected to be $4,008 state, $557 federal, and $8,233 local.  This is a total projected funding level of $12,798 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the York School District 3 total pupil count is projected to be 17,314.  The per pupil funding is projected to be $4,998 state, $719 federal, and $4,932 local.  This is a total projected funding level of $10,650 excluding revenues of local bond issues.
     In Fiscal Year 2008-09, the York School District 4 total pupil count is projected to be 9,574.  The per pupil funding is projected to be $3,996 state, $428 federal, and $6,115 local.  This is a total projected funding level of $10,539 excluding revenues of local bond issues.
     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.
     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)  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 or alternative residences.  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)  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.      DELETED
     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 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: 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.
     1.26.      (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.
     1.27.      (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.
     1.28.      (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.
     1.29.      (SDE: Basic Skill Exam)  Any person seeking candidacy in 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 1650 or better on the SAT or a comparable ACT score shall be exempt from this requirement.
     1.30.      (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.
     1.31.      DELETED
     1.32.      (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.
     1.33.      (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.
     1.34.      (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.
     1.35.      (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.
     1.36.      (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.
     1.37.      (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.
     1.38.      (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.
     1.39.      (SDE: Governor's School Leave Policy)  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.
     1.40.      (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.
     1.41.      (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.
     1.42.      (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.
     1.43.      (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.
     1.44.      (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.
     1.45.      (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.
     Prior to implementing the flexibility authorized herein, school districts must provide to Public Charter Schools the per pupil allocation due to them for each categorical program.
     For Fiscal Year 2008-2009, Section 59-21-1030 is suspended.
     1.46.      (SDE: Medical Examination and Security Reimbursement/Expenditures)  From funds authorized in Part IA, Section 1, IX.B. Other Operating Expenses, the Department of Education may directly pay, or 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 and that are required to undergo a national security background check because of the required Hazmat endorsement to their CDL.
     1.47.      (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.
     1.48.      (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 Governor's School for the Arts and Humanities may be carried forward and expended in the current fiscal year pursuant to the discretion of the Board of Trustees of the School.
     1.49.      (SDE: Governor's Schools' Fees)  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.
     1.50.      (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 who are United States citizens or permanent resident aliens, and who are 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 at the time the teacher applies to the National Board for certification, but who fail to obtain certification, nonetheless shall be eligible for full forgiveness of the loan as follows:  upon submission of all required materials for certification, one-half of the loan principal amount and interest shall be forgiven; forgiveness of the remainder of the loan will be at the rate of 33% for each year of full time teaching in the same school regardless of whether that school exceeds an absolute rating of below average or unsatisfactory during the forgiveness period, or for each year of full time teaching in another school that has an absolute rating of below average or unsatisfactory.
     1.51.      (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.
     1.52.      (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.
     1.53.      (SDE: Base Student Cost Funding)  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.
     1.54.      (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.
     1.55.      (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.
     1.56.      (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.
     1.57.      (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.
     1.58.      (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.
     1.59.      (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.
     1.60.      (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.
     1.61.      (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.
     1.62.      (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.
     1.63.      (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.
     1.64.      (SDE: Child Development Education Pilot Program)  There is created the South Carolina Child Development Education Pilot Program.  This program shall be available for the 2008-2009 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)      For the 2008-2009 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 first in those of the plaintiff districts which participated in the pilot program during the 2006-2007 school year, then in the plaintiff districts having proportionally the largest population of underserved at-risk four-year-old children.  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, 2009.  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 shall remain in the program.  In rare instances, students with documented kindergarten readiness barriers may be permitted to enroll for a second year, or at age five, at the discretion of the Department of Education for students being served by a public provider or at the discretion of the Office of South Carolina First Steps to School Readiness for students being served by a private provider.
     (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 documentation of the student's eligibility as evidenced by family income documentation showing an annual family income of 185% or less of the federal poverty guidelines as promulgated annually by the U.S. Department of Health and Human Services or a statement of Medicaid eligibility.
     In submitting an application for enrollment, the parent agrees to comply with provider attendance policies during the school year.  The attendance policy must state that the program consists of 6.5 hours of instructional time daily and operates for a period of not less than 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 at least quarterly to the parent/guardian 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 or guardian and teacher conferences;
           (7)      designate whether extended day services will be offered to the parents/guardians of children participating in the program;
           (8)      be approved, registered, or licensed by the Department of Social Services; and
           (9)      comply with all state and federal laws and requirements specific to program providers.
     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.  However, providers are encouraged to keep a waiting list for students they are unable to serve because of space limitations.
     (D)      The Department of Education and the Office of First Steps to School Readiness shall:
                 (1)      develop the provider application form;
                 (2)      develop the child enrollment application form;
                 (3)      develop a list of approved research-based preschool curricula for use in the program based upon the South Carolina Content Standards, provide training and technical assistance to support its effective use in approved classrooms serving children;
                 (4)      develop a list of approve pre-kindergarten readiness assessments to be used in conjunction with the program, provide assessments and technical assistance to support assessment administration in approved classrooms serving children;
                 (5)      establish criteria for awarding new classroom equipping grants;
                 (6)      establish criteria for the parenting education program providers must offer;
                 (7)      establish a list of early childhood related fields that may be used in meeting the lead teacher qualifications;
                 (8)      develop a list of data collection needs to be used in implementation and evaluation of the program;
                 (9)      identify teacher preparation program options and assist lead teachers in meeting teacher program requirements;
                 (10)      establish criteria for granting student retention waivers; and
                 (11)      establish criteria for granting classroom size requirements waivers.
     (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.  Waivers of the minimum class size requirement may be granted by the South Carolina Department of Education for public providers or by the Office of First Steps to School Readiness for private providers on a case-by-case basis;
           (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.  Of the amount appropriated for the program, not more than $185 per student shall be retained by the Department of Education for the purposes of transporting four-year-old students.  This amount must be increased annually 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.
     (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;
                 (3)      recruit, 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;
                 (3)      recruit, 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.
     (K)      The General Assembly shall provide funding for the South Carolina Child Development Education Pilot Program.  For the 2008-09 school year, the funded cost per child shall be $4,093 increased annually by the rate of inflation as determined by the Division of Research and Statistics of the Budget and Control Board for the Education Finance Act.  Eligible students enrolling with private providers during the school year shall be funded on a pro-rata basis determined by the length of their enrollment.  Private providers transporting eligible children to and from school shall be eligible for a reimbursement of $550 per eligible child transported.  Providers who are reimbursed are required to retain records as required by their fiscal agent.  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.  Funding of up to two thousand five hundred dollars may be provided annually for the procurement of consumable and other materials in established classrooms.
     (L)      Pursuant to this provision, the Department of Social Services shall:
                 (1)      maintain a list of all approved public and private providers; and
                 (2)      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, 2009.  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.  In the current fiscal year, the Education Oversight Committee shall use funds appropriated by the General Assembly for four-year-old evaluation to support the annual collection of and continuous evaluation of data.
     The report shall also include an assessment, by county, on the availability and use of existing public and private classroom capacity approved for at-risk four-year-old kindergarten students.  The report shall include, by county, the estimated four-year-old population, the total number of CDEPP approved four-year-old kindergarten spaces available, the number of four-year-old children enrolled in both public and private CDEPP approved facilities, and the number of children on waiting lists for either public or private providers during the reporting period.  Where possible, the report shall also include anticipated four-year-old kindergarten enrollment projections for the two years following the report.
     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.
     1.65.      (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.
     1.66.      DELETED
     1.67.      (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.
     1.68.      (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.
     1.69.      (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.
     1.70.      (SDE: Career Cluster Industry Partnerships)  From the funds appropriated to the Department of Education, $800,000 must be provided as direct 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 or replace, in whole or in part, other existing resources/assets sourced outside the present grant being used to provide the same services or programs.  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.
     1.71.      (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 Employer Contribution 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 one-half 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 Employer Contribution Funds.  The disbursement to each district must be based on that district's percentage of the aggregate variance of all school districts affected.  The Treasurer is not required to disburse reserve funds to compensate for the difference unless funds are available based on the prior year's audited one hundred thirty-five day student count and unexpended general funds appropriated for the Education Finance Act as adjusted by the current fiscal year's forty-five day student count and the one hundred thirty-five day student count.
     (C)      After the obligations in (B) have been met, the Department of Education must notify the State Treasurer in the event that any school district in this State is projected to receive less in total state EFA and EFA Reserve 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 one-half the difference that any district is projected to receive as compared to the prior fiscal year from the combination of the total EFA and EFA Reserve Funds.  The disbursement to each district must be based on that district's percentage of the aggregate variance of all school districts affected.  The Treasurer is not required to disburse reserve funds to compensate for the difference unless funds are available based on the prior year's audited one hundred thirty-five day student count and unexpended general funds appropriated for the Education Finance Act as adjusted by the current fiscal year's forty-five day student count and the one hundred thirty-five day student count.
     (D)      After the obligations in (B) and (C) have been met the Department of Education must notify the State Treasurer in the event that any school district in this State has experienced growth in the number of Weighted Pupil Units from the second preceding year's final one hundred thirty-five day student count as compared to the prior fiscal year's one hundred thirty-five day student count.  Upon notification, the Treasurer must disburse to the Department of Education a sufficient amount of reserve funds equal to five percent of the current year's appropriated base student cost for the aggregate increased weighted pupil units for all the identified districts that exceed the statewide average Weighted Pupil Unit growth from the second preceding year's final one hundred thirty-five day student count as compared to the prior fiscal year's one hundred thirty-five day student count.  An identified district must be disbursed an amount equal to the district's percentage of the aggregate increase of all districts that experienced an applicable increase, to include the schools districts of Georgetown and Chesterfield counties.  The Treasurer is not required to disburse reserve funds to compensate for growth unless funds are available based on the prior year's audited one hundred thirty-five day student count and unexpended general funds appropriated for the Education Finance Act as adjusted by the current fiscal year's forty-five day student count and the one hundred thirty five day fund student count.
     (E) Disbursements required by this section must be made in priority order as provided by this section and must not exceed $12,000,000 in the aggregate.
     1.72.      (SDE: Formative Reading Assessment)  School districts may utilize their state, local, and federal funding for other formative reading assessments that have been approved for use by a Department of Education program in lieu of using the State Board approved developmental appropriate formative reading assessment for grades one and two.  By August 1, 2008, districts shall be required to inform the Department of Education what assessment for grades one and two will be used.
     1.73.      (SDE: Child Development Education Pilot Program-4 Year Olds)   Of the funds carried forward from the prior fiscal year from the South Carolina Child Development Education Pilot Program, $3,200,000 shall be redirected to the Office of First Steps with the remainder redirected to the Department of Education for services to four year olds participating in the Child Development Education Pilot Program (CDEPP) during the current fiscal year.  If, on the basis of student enrollment as of December 1, 2008, either agency projects an inability to expend its full FY 09 CDEPP allocation, these funds may be transferred as necessary between agencies to ensure the funding of allowed CDEPP expenditures in both public and private settings.
     1.74.      (SDE: Physical Education Assessment Program)  Of the funds appropriated to the Department of Education for the physical education assessment program, the department is directed to use the funds for the review and revision of the physical education standards and the subsequent revision of the physical education assessment.  For Fiscal Year 2008-09, the department may field test the revised physical education assessment.
     1.75.      (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.
     1.76.      DELETED
     1.77.      (SDE: Prohibit Advertising on School Buses)  The Department of Education and local school districts are prohibited from selling space for or the placement of advertisements on the outside or inside of school buses.
     1.78.      (SDE: Transfer Funding for EFA)  DELETED
     1.79.      (SDE: Technical Assistance)  Schools which receive individual report cards and share a school identification number (SIDN) and would receive less technical assistance funding in Fiscal Year 2009 than in Fiscal Year 2008 shall receive technical assistance funding as if they were two separate schools, except these schools may not receive more in total than they received in FY 2008.
     1.80.      (SDE: Charter School Funding Schedule)  Of the funds appropriated, districts with locally approved charter schools will receive funds after verification of student attendance on the fifth day of school at the beginning of each school year for those charter schools with approved incremental growth and due to expansion as provided in their charter application.  The Department of Education will release funds to districts on behalf of their charter schools no later than 15 days after receipt of verified enrollment.  Districts must provide this funding to eligible charters no later than 30 days after receipt from the Department of Education.  Funding will be adjusted at the 45-day school count as is currently the case with the Education Finance Act.  This does not apply to schools approved and operating under the South Carolina Charter School District.
     1.81.      (SDE: Unexpended Star Academy Funds)  The Department of Education is directed to transfer $585,000 to the Arts Commission and $615,000 to the Department of Probation, Parole and Pardon Services from the unexpended funds carried forward from the prior fiscal year in Part 1A, Section 1.XVIII designated for the Star Academy Dropout Prevention Program.  The Arts Commission must utilize these funds specifically for Education, Arts and Cultural Tourism grants statewide.  The Department of Probation, Parole and Pardon Services must utilize these funds for the implementation of the Ignition Interlock Program.

     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.      DELETED
     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)  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.
     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)  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 3-8 students scoring Below Basic on the statewide grade level assessments in English language arts and students failing any portion of HSAP.
     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.
     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 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 $47,004.  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-Work-Based Learning)  Of the funds appropriated in Part IA, Section 1, XI.A.1. for the Work-Based Learning Program, $75,000 shall be used by the State Department of Education to provide for regional professional development in contextual methodology techniques and integration of curriculum, and professional development in career guidance for teachers and guidance counselors and training mentors.  Pilot-site delivery of contextual methodology training in mathematics will be supported by technology and hands-on lab activities.  In addition, $500,000 shall be allocated for Regional Career Specialists.  Each Regional Career Specialist shall (1) be housed within the regional centers/WIA geographic areas, (2) provide career development activities throughout all schools within the 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.
     1A.27.      DELETED
     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 who are United States citizens or permanent resident aliens, and who are 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 at the time the teacher applies to the National Board for certification, but who fail to obtain certification, nonetheless shall be eligible for full forgiveness of the loan as follows:  upon submission of all required materials for certification, one-half of the loan principal amount and interest shall be forgiven; forgiveness of the remainder of the loan will be at the rate of 33% for each year of full time teaching in the same school regardless of whether that school exceeds an absolute rating of below average or unsatisfactory during the forgiveness period, or for each year of full time teaching in another school that has 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 seventy-five 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 $275 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 $275.  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)  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: 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.38.      (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.39.      (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.40.      (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.
     1A.41.      DELETED
     1A.42.      (SDE-EIA: Technical Assistance)  In order to best meet the needs of low-performing schools, funds appropriated for 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.  No more than fifteen percent of planning grants may be carried forward into the current fiscal year.  Schools receiving an absolute rating of unsatisfactory will also be reviewed by an external review team.
     Schools receiving an absolute rating of unsatisfactory or 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 and consistent with the external review team report.  Because the school renewal plan is critical to the planning and implementation of successful intervention strategies, the Department of Education will provide regional workshops to assist schools in formulating school renewal plans based on best practices that positively improve student achievement.  The chairman of the local board of education, the superintendent, and the principal of any school receiving technical assistance funds must attend at least one of the workshops in order to receive any state aid for technical assistance.  The school renewal plans must address professional development activities that are directly related to instruction in the core subject areas and 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, a school with an absolute rating of below average will receive an allocation of not less than $75,000, and a school with an absolute rating of unsatisfactory will receive an allocation of not less than $250,000, taking into consideration the severity of the problems and the likelihood of positively impacting student achievement, student enrollment, external review team recommendations, and prior year technical assistance carry forward funds.  The funds must be expended on the strategies and activities as expressly outlined in the school renewal plan which may include, but are not limited to, professional development, teacher incentive or pay for performance including the Teacher Advancement Program (TAP), homework centers, diagnostic testing, supplemental health and social services, or comprehensive school reform efforts.  Not more than fifty percent of the school allocation may be used to reduce class size.  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.   Not more than fifteen percent of funds not expended in the prior fiscal year may be carried forward and expended for the same purpose in the 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.
     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 and the Writing Improvement Network 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 and the Writing Improvement Network.  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 each fiscal year 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.  The School Improvement Council Assistance, the Writing Improvement Network, and the National About Face Pilot Program must submit external evaluations to the Education Oversight Committee at least once every three years.  The Education Oversight Committee and the Department of Education will jointly determine the criteria to be used in evaluating the programs.  If the Education Oversight Committee or the Department of Education requests information from schools or school districts regarding the expenditure of technical assistance funds pursuant to evaluations, the school or school district must provide the evaluation information necessary to determine effective use.  If the school or school district does not provide the evaluation information necessary to determine effective use, the school or district is not eligible to receive additional funding until the requested data is provided.
     By October 1 of the current fiscal year the Department of Education must submit a report to the Education Oversight Committee that documents the schools that have had an absolute rating of unsatisfactory or below average for the past four years and must delineate the reasons for these schools persistent underperformance.
     1A.43.      (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.44.      (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.
     Prior to implementing the flexibility authorized herein, school districts must provide to Public Charter Schools the per pupil allocation due to them for each categorical program.
     1A.45.      DELETED
     1A.46.      (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.47.      (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.48.      (SDE-EIA: Alternative School Waiver Requirement)  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.49.      (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.50.      (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.51.      (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.52.      (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.53.      (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.54.      (SDE-EIA: Early Childhood Review)  From the funds appropriated for EIA Four-Year-Old Early Childhood, the Department of Education shall utilize up to $300,000 to institute a plan for reviewing, on a district basis, early childhood assets of schools and districts based on 4K entry DIAL 3 scores, and South Carolina Readiness Assessment Reports.  To accomplish this, the department shall use reports that analyze program assets and provide guidance to local schools on the effective use of the reports to enhance quality gaps.  Children will be tracked from early childhood programs to fifth grade and beyond to study the relationships of strong early childhood programs and increased performance on PACT, decreased drop out scores, decreased referral for special education programs, and increased graduation rates.  This review may not be used as a part of the EAA Report Card for the current fiscal year.
     1A.55.      (SDE-EIA: Credits High School Diploma Distribution)  The funds appropriated for Raise Academic Standards-Credits High School Diploma shall be distributed to the school districts of the state based upon the 135 day count of Average Daily Membership.
     1A.56.      DELETED
     1A.57.      (SDE-EIA: Report Card Information)  The percentage each school district expended on classroom instruction as defined by the Department of Education's In$ite classification for "Instruction" must be printed on the Annual School and District Report Card.
     1A.58.      (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.59.      (SDE-EIA: Formative Reading Assessment)  School districts may utilize their state, local, and federal funding for other formative reading assessments that have been approved for use by a Department of Education program in lieu of using the State Board approved developmental appropriate formative reading assessment for grades one and two.  By August 1, 2008, districts shall be required to inform the Department of Education what assessment for grades one and two will be used.
     1A.60.      DELETED
     1A.61.      DELETED
     1A.62.      DELETED
     1A.63.      (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.64.      (SDE-EIA: Accountability Program Implementation)  To support implementation of the accountability program, the Education Oversight Committee may carry forward unexpended Education Accountability Act funds authorized specifically for the administration of the Education Oversight Committee.

     2.1.      (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.
     2.2.      (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.
     2.3.      (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.
     2.4.      (LEA: Higher Education Excellence Enhancement Program)  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.
     2.5.      (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.
     2.6.      DELETED
     2.7.      (LEA: FY 08-09 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 2008-09 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      $47,000,000;
           (2)      Commission on Higher Education--LIFE Scholarships
                       as provided in Chapter 149 of Title 59      $75,256,682;
           (3)      Commission on Higher Education--HOPE Scholarships
                       as provided in Section 59-150-370      $8,076,110;
           (4)      Commission on Higher Education--Palmetto Fellows
                       Scholarships as provided in Section 59-104-20      $30,277,240;
           (5)      Commission on Higher Education--
                       Need-Based Grants      $11,631,566;
           (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      $10,000,000;
           (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--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;      and
           (14)      School for the Deaf and the Blind--
                       Technology Replacement      $200,000.
     Fiscal Year 2008-09 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 provisions of Section 2-75-30 of the 1976 Code regarding the aggregate amount of funding provided for the Centers of Excellence Matching Endowment are suspended for the current fiscal year.
     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 2008-09 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 2008-09 are fully funded.
     If the lottery revenue received for Fiscal Year 2008-09 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 2008-09, $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 $4,000,000 shall be directed to the State Board for Technical and Comprehensive Education for the Allied Health Initiative.  The next $1,000,000 shall be directed to the Commission on Higher Education for the Critical Needs Nursing Initiative Fund - Simulation Technology and Equipment.  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 for Need-Based Grants.
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 for Need-Based 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.
     2.8.      DELETED

     3.1.      (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.
     3.2.      (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.
     3.3.      (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.
     3.4.      (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.
     3.5.      (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.
     3.6.      (WLG: Lease Revenue)  Wil Lou Gray Opportunity School is authorized to retain revenues derived from the lease of school properties titled to or utilized by the school and may use revenues retained for general school operations, including, but not limited to, maintenance of such properties.  Unexpended funds may be carried forward into the current fiscal year and used for the same purposes.

     4.1.      (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.
     4.2.      (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.
     4.3.      (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.
     4.4.      (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.
     4.5.      (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.
     4.6.      (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.
     4.7.      (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.
     4.8.      (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.
     4.9.      (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.
     4.10.      (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.
     4.11.      (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.
     4.12.      (SDB: USC-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 - Upstate.
     4.13.      (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 according to the School for the Deaf and the Blind's specifications.  Funds used for this purpose shall not exceed $250,000.

     5.1.      (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.
     5.2.      (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.
     5.3.      (JDLHS: Operating Expenses)  Unexpended funds appropriated by proviso 73.12 of Act 117 of 2007 to the John de la Howe School for deferred maintenance may be carried forward to the current fiscal year and used for other operating expenses.

     6.1.      (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.
     6.2.      (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.
     6.3.      (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 these funds 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.
     6.4.      (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.
     6.5.      (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.
     6.6.      (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.
     6.7.      (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.
     6.8.      (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.
     6.9.      (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.
     6.10.      DELETED
     6.11.      DELETED
     6.12.      (CHE: Mid-Year Reduction Exemption)  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.
     6.13.      (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.
     6.14.      DELETED
     6.15.      (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.
     6.16.      (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.
     6.17.      DELETED
     6.18.      (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.
     6.19.      (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.
     6.20.      (CHE: Excellence Enhancement Program Additions)  Converse College and Columbia College shall be eligible to receive funds under the Higher Education Excellence Enhancement Program.
     6.21.      (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.
     6.22.      DELETED
     6.23.      (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.
     6.24.      (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.
     6.25.      DELETED
     6.26.      (CHE: Critical Needs Nursing Initiative)  The funds appropriated to the Commission on Higher Education for the Critical Needs Nursing Initiative shall be used the purpose of implementing the Critical Needs Nursing Initiative Fund per Section 59-110-10, et seq., of the 1976 Code of Laws, as amended.  Funds allocated for nursing faculty and faculty salary enhancements and new nursing faculty shall be permanently transferred to the affected 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.
     6.27.      (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 September 15, 2008.
     6.28.      (CHE: Need-Based Grant Allocation Methodology)  Need-based grant funds for public institutions must be allocated using a methodology that considers state resident Pell Grant recipients such that each public institution shall receive an amount sufficient to provide a similar level of support per state resident Pell recipient when compared to tuition and required fees.  However, no public institution shall receive less funding than would be provided under the methodology used in FY 2007-08.
     *6.29.      (CHE: In-State Tuition)  Beginning in Fiscal Year 2008-09, independent persons who reside in and have been domiciled in South Carolina for fewer than twelve months with an intention of making a permanent home therein pursuant to Title 59 and Chapter 112, and their dependents, may be considered eligible for in-state tuition and fees as long as such independent person is employed on a full-time basis within an adjoining county in North Carolina or Georgia.  The Commission on Higher Education shall explore and establish, if possible, a reciprocal agreement for persons full-time employed in SC but domiciled in an adjoining county in North Carolina or Georgia and their dependents.

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
*Indicates those vetoes sustained by the General Assembly on May 29, June 3 or June 4, 2008.

     7.1.      (HETG: Tuition Grants Mid-Year Reduction Exemption)  Funds provided in Part IA, Section 7, II. Tuition Grants shall be exempt from any mandated mid-year budget reductions.

     9.1.      (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.

     14.1.      (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.

     15.1.      (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.
     15.2.      (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.
     15.3.      (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.
     15.4.      (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.
     15.5.      (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.
     15.6.      (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."

     17.1.      (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.
     17.2.      (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.
     17.3.      (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.

     18.1.      (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 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, the Budget and Control Board approves the adjustment.
     18.2.      (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.
     18.3.      (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.
     18.4.      DELETED
     18.5.      (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.

     19.1.      (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.
     19.2.      DELETED
     19.3.      (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.
     **19.4.      (ETV: SC Educational Broadband Service Commission/Broadband License)  There is created a commission to be known as the South Carolina Educational Broadband Service Commission.  All appointees must have a background of substantial duration and expertise in business.  The commission shall be composed of the following seven members:
           (1)      One member of the private sector appointed by the President Pro Tempore of the Senate;
           (2)      One member of the private sector appointed by the Speaker of the House of Representatives;
           (3)      One member of the private sector appointed by the Chairman of the Senate Finance Committee;
           (4)      One member of the private sector appointed by the Chairman of the House Ways and Means Committee;
           (5)      One member of the private sector appointed by the Chairman of the State Regulation of Public Utilities Review Committee;
           (6)      One member of the private sector appointed by the Vice-Chairman of the State Regulation of Public Utilities Review Committee; and
           (7)      One member of the private sector appointed by the Governor.
     The commission shall elect its chairman and vice-chairman at the first meeting of the commission.  The appointee of the President Pro Tempore of the Senate shall call an organizational meeting for the purpose of electing officers and other matters that may arise.
     The commission must meet as soon as practicable after a majority of members have been appointed.  A majority of members of the commission who have been appointed shall constitute a quorum for the transaction of business.  A vacancy on the commission shall not impair the ability of a quorum to exercise and perform the powers and duties of the commission.
     Commission members serve at the pleasure of the appointing authority.  A vacancy in the membership of the commission must be filled in the manner of the original appointment.  Commission membership does not constitute an office for purposes of the prohibition on dual office holding provided in Section 3, Article VI of the Constitution of the State.  Commission members are subject to the provisions of the Ethics, Government Accountability, and Campaign Reform Act, Chapter 13 of Title 8.
     Members shall serve without compensation but are allowed the usual per diem and mileage as provided by law for members of boards, commissions, and committees while on official business.
     The commission has the following powers and duties:
           (1)      The commission shall use a competitive process to obtain proposals from commercial entities for the leasing of the excess spectrum capacity of the Education Broadband Service (EBS) licenses held by the South Carolina Educational Television Network.  The commission shall seek proposals that utilize the excess spectrum capacity of the EBS licenses in the following manners:  (a) a single lease of ETV's excess spectrum capacity without any service requirements; (b) a single lease of ETV's excess spectrum capacity with service requirements as recommended by the commission; (c) multiple leases on a regional basis without any service requirements, such regions to be determined by the commission; (d) multiple leases on a regional basis with service requirements as recommended by the commission, such regions to be determined by the commission; and (e) other manners deemed appropriate by the commission.  The commission must also consider whether to include any lease of tower space in the proposals in the lease of excess spectrum capacity.  In determining any service requirements to impose on potential lessees, the commission must consider the costs and benefits, both monetary and societal, that would be borne by or inure to the public at large, as well as the public to be served.  Because broadband service may be provided using a number of different technologies, each of which has unique characteristics and advantages, the commission, in developing its recommended service requirements, must consider the costs and benefits of all methods available to deploy broadband services throughout the State, including wireline, wireless technologies utilizing other bands of the spectrum, or satellite.  The commission must not impose any pricing requirements on lessees and must take steps to ensure that the state's assets are not made available to a private broadband service provider to subsidize a private company's competitive service offerings.  The competitive process used by the commission shall be governed exclusively by the procedures stated herein and procedures established by the commission.
           (2)      The commission shall evaluate the proposals and present the proposals and its recommendations to the Joint Bond Review Committee.  The Joint Bond Review Committee shall evaluate the proposals and the commission's recommendations to determine whether a proposal shall be approved.  If the Joint Bond Review Committee determines that a proposal shall be approved, this determination shall be presented at the next meeting of the Budget and Control Board for review and approval.  If the Budget and Control Board does not approve a proposal, it shall be returned to the Joint Bond Review Committee for further evaluation and recommendation.  The South Carolina Education Television Network must take actions necessary to facilitate the lease of the excess spectrum capacity of the EBS licenses in the manner set forth in an approved proposal and to ensure that ETV complies with any FCC rules or requirements.  Revenue received by the State from an approved proposal must be deposited into the State General Fund for recommendation by the Governor and appropriation by the General Assembly.
           (3)      The commission is exempt from the Consolidated Procurement Code and is authorized to engage legal counsel, consultants, or other experts to assist it in carrying out its powers and duties subject to the approval of the Executive Director of the Budget and Control Board.
     The commission shall use clerical and professional employees of the Budget and Control Board.  Upon request of the commission, the South Carolina Educational Television Network must make staff available to the commission.
     The commission shall terminate six months after all agreements resulting from an approved proposal are finally executed or no later than June 30, 2010.  Upon termination of the commission, the Budget and Control Board shall assume responsibility for the management and administration of all agreements resulting from an approved proposal.
     The Budget and Control Board is authorized and directed to pay for any expenses of the commission incurred in the performance of its responsibilities, including but not limited to the cost of professional assistance, up to an aggregate amount not to exceed $750,000.  The Executive Director of the Budget and Control Board is authorized to expend and use such sources of agency funds as the director determines, including the dormant Funded Debt Sinking Fund.  In addition to any other carry forward allowed by law, the Budget and Control Board is specially authorized to carry forward from Fiscal Year 2007-08 into Fiscal Year 2008-09 unspent general fund appropriations in the maximum amount it may be required to expend in support of the commission and its activities.

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
**Indicates those vetoes overridden by the General Assembly on June 3 or June 4, 2008

     20.1.      (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.
     20.2.      (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.
     20.3.      (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.
     20.4.      (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.
     20.5.      (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.
     20.6.      (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.

     21.1.      (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.
     There is created in the State Treasury the Medicaid Reserve Fund, which is separate and distinct from the general fund of the State and all other funds.  Recouped refunds and identified program overpayments must be credited to the fund.  In addition, the fund balance in Subfund 3762 shall be transferred to the newly created Reserve Fund.  Any balance in the fund at the end of the prior fiscal year shall be carried forward into the current fiscal year.  The Department of Health and Human Services shall also deposit any prior year program refunds or overpayments, excluding pharmacy rebates, into the Medicaid Reserve Fund.  The department may use the Reserve Fund to offset operating deficits or audit disallowances from the Medicaid program.  At any time, the balance of the Reserve Fund may not exceed fifty million dollars and any excess, up to ten million dollars shall be provided to the Allied Health Initiative, with any remaining excess remitted to the general fund.  Withdrawals from the Reserve Fund must be approved by the State Budget and Control Board in advance.
     21.2.      (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.
     21.3.      (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 80B      .  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.
     21.4.      (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.
     21.5.      (DHHS: Medicaid State Plan)  Where the Medicaid State Plan  has been altered to cover services that previously were provided by 100% state funds, or that have been requested to be added by other state agencies, the department can bill other agencies for the state share of services provided through Medicaid.  In order to comply with Federal regulations regarding allowable sources of matching funds, state agencies are authorized to make appropriation transfers to the Department of Health and Human Services to be used as the state share when certified public expenditures are not allowed for those state agency Medicaid services.  The department will keep a record of all services affected and submit periodic reports to the Senate Finance and House Ways and Means Committees.
     21.6.      (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.
     21.7.      (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.
     21.8.      (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.
     21.9.      DELETED
     21.10.      (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.
     21.11.      (DHHS: Registration Fees)  The department is authorized to receive and expend registration fees for educational, training, and certification programs.
     **21.12.      (DHHS: Chiropractic Services)  From the funds appropriated herein, the department is directed to provide coverage for medically necessary chiropractic services for Medicaid eligible recipients.

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
**Indicates those vetoes overridden by the General Assembly on June 3 or June 4, 2008

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
**Indicates those vetoes overridden by the General Assembly on June 3 or June 4, 2008

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
**Indicates those vetoes overridden by the General Assembly on June 3 or June 4, 2008

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
**Indicates those vetoes overridden by the General Assembly on June 3 or June 4, 2008

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
**Indicates those vetoes overridden by the General Assembly on June 3 or June 4, 2008

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
**Indicates those vetoes overridden by the General Assembly on June 3 or June 4, 2008

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
*Indicates those vetoes sustained by the General Assembly on May 29, June 3 or June 4, 2008.

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
**Indicates those vetoes overridden by the General Assembly on June 3 or June 4, 2008

     22.1.      (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.
     22.2.      (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.
     22.3.      (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.
     22.4.      (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.
     22.5.      (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.
     22.6.      (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.
     22.7.      (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.
     22.8.      (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.
     22.9.      (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.
     22.10.      (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 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.
     22.11.      (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.
     22.12.      (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.
     22.13.      (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.
     22.14.      (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.
     22.15.      (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.
     22.16.      (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.
     22.17.      (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.
     22.18.      (DHEC: Medical & Dental Loan Program)  Unobligated funds in the Medical & Dental Loan program may be expended for other health service programs.
     22.19.      (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.
     22.20.      (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.
     22.21.      (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.
     22.22.      (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.
     22.23.      (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.
     22.24.      (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.
     22.25.      (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).
     22.26.      (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.
     22.27.      DELETED
     22.28.      (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.
     22.29.      (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.
     22.30.      (DHEC: Health Disparities Study-State Health Plan for Elimination of Health Disparities)  The Department of Health and Environmental Control will provide leadership in the implementation of the State Health Improvement Plan for the elimination of health disparities 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, heart 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.
     22.31.      (DHEC: Head Lice)   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.
     22.32.      (DHEC: Shift Increased Funds)  The Director is authorized to shift increased appropriated funds in this act to offset shortfalls in other critical program areas.
     22.33.      (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.
     22.34.      (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.
     22.35.      (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.
     22.36.      (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.
     22.37.      (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.
     22.38.      (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.
     22.39.      (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.
     **22.40.      (DHEC: Competitive Grants)  Of funds appropriated to the department for Competitive Grants, these funds may be released to local subdivisions or nonprofit organizations for health or environmental purposes only upon the approval of the Grants Committee of the Budget and Control Board.  The agency is prohibited from transferring these funds to other programs.  In addition, the agency may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee.

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
**Indicates those vetoes overridden by the General Assembly on June 3 or June 4, 2008

     23.1.      (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.
     23.2.      (DMH: Paying Patient Account)  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 $3,400,000 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.
     23.3.      (DMH: Patient Fee Account)   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, 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 and the South Carolina Self-Help Association Regarding Emotions 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.
     23.4.      (DMH: Institution Generated Funds)  The Department of Mental Health is authorized to retain and expend institution generated funds which are budgeted.
     23.5.      (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.  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.
     23.6.      (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.
     23.7.      DELETED
     23.8.      (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.
     23.9.      (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.  The department must maximize, to the extent feasible, federal matching dollars.  On or before September 30 of each year, 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.
     23.10.      DELETED
     23.11.      (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.
     23.12.      (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.
     23.13.      (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.
     23.14.      (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.  Unexpended funds may be carried forward into the current fiscal year to be expended for the same purpose. The City of Columbia must provide documentation annually on expenditures related to the $500,000 transferred to the city by proviso 10.16 of Act 117 of 2007 to benefit other homeless programs until all funds are expended.
     23.15.      (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).
     23.16.      (DMH: Borrowing Authorization to Relocate Child and Adolescent Facility)  Subject to the review of the Joint Bond Review Committee and approval of the Budget and Control Board, the Department of Mental Health is hereby authorized to borrow an amount not to exceed $24,000,000 for the purpose of constructing and equipping a new child and adolescent facility in order to provide placement for children and adolescents that must be moved from the Bull Street Campus.  The State Treasurer is authorized to negotiate the terms and conditions of the financing arrangements necessary to effect this borrowing, which may include one or more bank loans, revenue bonds, intergovernmental loans or other financing arrangements, the indebtedness for which must be repaid from proceeds of the sale of the Bull Street property.

     24.1.      (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.
     24.2.      (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.
     24.3.      (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.
     24.4.      (DDSN: Medicaid Funded Contract Settlements)  The department is authorized to carry forward and retain settlements under Medicaid-funded contracts.
     24.5.      (DDSN: Medicare Reimbursements)  The department may continue to budget Medicare reimbursements to cover operating expenses of the program providing such services.
     24.6.      (DDSN: Departmental Generated Revenue)  The department is authorized to continue to expend departmental generated revenues that are authorized in the budget.
     24.7.      (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.
     24.8.      (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.
     24.9.      (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.

     25.1.      (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.
     25.2.      (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.

     26.1.      (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.
     26.2.      (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 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.
     26.3.      (DSS: Foster Children Burial)  The expenditure of funds allocated for burials of foster children shall not exceed one thousand five hundred dollars per burial.
     26.4.      (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.
     26.5.      (DSS: Employee Supplement)  No county shall supplement the salary of any DSS employee.
     26.6.      (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.
     26.7.      (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.
     26.8.      (DSS: Accounts Receivable Procedures)  The Department of Social Services will establish, and collect accounts receivable in accordance with appropriate and applicable federal regulations.
     26.9.      (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.
     26.10.      (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
           For-profit Agencies      $  25
           State Agencies      $    8
           Schools      $    8
           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
                 Fee for an Initial License      $250
                 For Renewal      $  75
           Licensing Child Caring Institutions
                 Fee for an Initial License      $500
                 For Renewal      $100
           Licensing Child Placing Agencies
                 Fee for an Initial License      $500
                 For Renewal      $  60
                 For Each Private Foster Home Under the Supervision
                       of a Child Placing Agency      $  15
     26.11.      (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.
     26.12.      (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.
     26.13.      (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.
     26.14.      DELETED
     26.15.      (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.
     26.16.      (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.
     26.17.      (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.
     *26.18.      (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.

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
*Indicates those vetoes sustained by the General Assembly on May 29, June 3 or June 4, 2008.

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
**Indicates those vetoes overridden by the General Assembly on June 3 or June 4, 2008

     27.1.      (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.
     27.2.      (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.
     27.3.      DELETED

     28.1.      (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.
     28.2.      (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.

     29.1.      (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 $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.
     29.2.      (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.
     29.3.      (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.

     30.1.      (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.
     30.2.      (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.
     30.3.      (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.

     31.1.      (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.
     31.2.      (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.
     31.3.      (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.
     31.4.      (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.
     31.5.      (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.
     31.6.      (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.
     31.7.      (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.
     31.8.      (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.

     32.1.      (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.
     32.2.      (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.
     32.3.      (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 89.25(J) (Travel-Subsistence Expenses & Mileage) in this act.

     33.1.      (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.
     33.2.      (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.
     33.3.      (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.

     34.1.      (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 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.
     34.2.      (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.
     34.3.      (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.
     34.4.      DELETED
     34.5.      DELETED
     34.6.      (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.
     34.7.      (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.
     34.8.      (AGRI: Private Sector Calibrations)  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.
     34.9.      (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.
     34.10.      (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.
     34.11.      (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.
     34.12.      DELETED
     34.13.      DELETED
     34.14.      (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.
     34.15.      DELETED
     34.16.      DELETED

     35.1.      (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.
     35.2.      (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.
     35.3.      (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.
     35.4.      DELETED
     35.5.      (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.
     35.6.      (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.
     35.7.      (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.
     35.8.      (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.

     **37.1.      (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.
     **37.2.      (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.

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
**Indicates those vetoes overridden by the General Assembly on June 3 or June 4, 2008

     38.1.      (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.

     39.1.      DELETED
     39.2.      (PRT: Tourism and Promotion)  The funds appropriated in 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 $50,000 distributed to the Myrtle Beach Chamber of Commerce and $125,000 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.
     39.3.      (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.
     39.4.      DELETED
     *39.5.      (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 39, 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.

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
*Indicates those vetoes sustained by the General Assembly on May 29, June 3 or June 4, 2008.

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
**Indicates those vetoes overridden by the General Assembly on June 3 or June 4, 2008

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
**Indicates those vetoes overridden by the General Assembly on June 3 or June 4, 2008

     40.1.      (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.
     40.2.      (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.
     40.3.      (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.
     40.4.      (CMRC: Aeronautics - Office Space Rental)  Revenue received for rental of office space may be retained and expended to cover the cost of building operations.
     40.5.      (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.
     40.6.      (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.
     40.7.      (CMRC: Aeronautics - Airport Development)  Any line item appropriation for airports shall be disbursed for eligible airport development items as approved by the division.
     40.8.      (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.
     40.9.      (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.
     40.10.      (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.
     40.11.      (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.
     Unspent funds from the prior fiscal year may be carried forward to the current fiscal year and spent for like purposes.
     40.12.      (CMRC: Coordinating Council Funds)  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.
     40.13.      DELETED
     40.14.      (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.
     40.15.      (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.
     40.16.      DELETED
     40.17.      (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.
     40.18.      (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.
     40.19.      (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.
     **40.20.      (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.

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
**Indicates those vetoes overridden by the General Assembly on June 3 or June 4, 2008

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
**Indicates those vetoes overridden by the General Assembly on June 3 or June 4, 2008

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
*Indicates those vetoes sustained by the General Assembly on May 29, June 3 or June 4, 2008.

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
**Indicates those vetoes overridden by the General Assembly on June 3 or June 4, 2008

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
**Indicates those vetoes overridden by the General Assembly on June 3 or June 4, 2008

     43.1.      (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.

     44.1.      (JUD: Prohibit County Salary Supplements)  County salary supplements of Judicial Department personnel shall be prohibited.
     44.2.      (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.
     44.3.      (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.
     44.4.      (JUD: Judicial Commitment)  Except as otherwise provided in Section 89.5, 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.
     44.5.      (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.
     44.6.      (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.
     44.7.      (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.
     44.8.      (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.
     44.9.      (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.
     44.10.      (JUD: Travel Reimbursement)  State employees of the Judicial Department traveling on official state business must be reimbursed in accordance with Section 89.25(J) of this act.
     44.11.      (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.
     44.12.      (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.
     44.13.      (JUD: Surplus Property Disposal)  Technology equipment that has been declared surplus may be donated directly to counties for use in court-related activities.
     44.14.      (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.
     44.15.      (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.
     44.16.      (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.
     44.17.      DELETED

     45.1.      (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.
     45.2.      (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.
     45.3.      (AG: Litigation Expense)  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.
     45.4.      (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.
     45.5.      (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.
     45.6.      (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.
     45.7.      (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.
     45.8.      (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.
     45.9.      (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.
     45.10.      (AG: Water Litigation)  The Office of the Attorney General is authorized to expend Water Litigation funds in the current fiscal year to reimburse Water Litigation expenditures incurred in the prior fiscal year.  A record of Water Litigation expenses from the prior fiscal year shall be made available to the Senate Finance Committee and the House Ways and Means Committee.

     46.1.      (PCC: Solicitor Salary)  The amount appropriated in this section for salaries of solicitors shall be paid to each full-time solicitor.  Each full-time circuit solicitor shall earn a salary not less than each full-time circuit court judge.
     46.2.      (PCC: Solicitor Expense Allowance)  Each solicitor shall receive five hundred dollars ($500.00) per month as expense allowance.
     46.3.      (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.
     46.4.      (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.
     46.5.      (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.
     46.6.      (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.
     46.7.      DELETED
     46.8.      (PCC: Solicitors Victim/Witness Assistance Programs)  The amount appropriated and authorized in Part IA, Section 46 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.
     46.9.      (PCC: Criminal Domestic Violence Prosecution)   Of the amount appropriated in Part IA, Section 46, for Criminal Domestic Violence Prosecution, $2,200,000 shall be apportioned equally among the circuits and the balance thereafter remaining shall be apportioned among the circuits on a per capita basis and based upon the Official Census of 2000.  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.
     46.10.      (PCC: DUI Prosecution)  The amount appropriated in Part IA, Section 46, 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.  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.

     47.1.      (INDEF: Defense of Indigents Formula)  The amount appropriated in this Act for "Defense of Indigents" shall be apportioned among counties in accord with Section 17-3-330, 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 to include salaries and operations expenses of the Death Penalty Trial Division.  The State also shall set aside $2,500,000 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 17-3-330.  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 17-3-330.  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.
     47.2.      (INDEF: State Employee Compensation Prohibited)  Except as otherwise provided in Section 89.5, 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.
     47.3.      (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.
     47.4.      (INDEF: Post Conviction Relief Payments)  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, or on the basis of a set (flat) fee.  The method of payment and amount of set (flat) fee will be determined by the Commission on Indigent Defense.  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.
     47.5.      (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 serve as guardians ad litem, where volunteer appointments cannot be made and 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., 20-7-7205 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 fifty dollars per hour or reimbursement may also be made on the basis of a set (flat) fee.  The method of payment and the amount of the set fee will be determined by the Commission on Indigent Defense.  Reimbursement shall not exceed two thousand 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 authorize 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 a contractual basis, the services of attorneys qualified to handle civil court appointments, to be reimbursed in accordance with applicable provisos and statutes.
     47.6.      (INDEF: Volunteer Guardian Ad Litem Appointments and Attorney Representation)  The Commission on Indigent Defense working with the Guardian ad Litem's Office of the Division of Children's Services, shall allocate a portion of the funds provided for Civil Court Appointments for payments of contracts with attorneys who agree to represent volunteer Guardians ad Litem in child abuse and neglect and termination of parental rights actions in Family Court, based on the rate of $100 per completed hearing.  In determining the amount to 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 Appointment Fund.  The Commission on Indigent Defense shall report to the Senate Finance Committee and the House Ways and Means Committee any payments to individual guardians ad litem from funds provided from the Civil Appointment Fund.
     47.7.      DELETED
     47.8.      (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.
     47.9.      (INDEF: Carry Forward of Obligations)  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.
     47.10.      (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.
     47.11.      (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; 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.
     47.12.      (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.
     47.13.      (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.
     47.14.      (INDEF: Accounting and Transfer of Assets)  Each public defender corporation shall provide to the Commission on Indigent Defense no later than September 1, 2008, an accounting of all funds received and expended by or on behalf of the corporation for each county served during Fiscal Year 2007-08.  The accounting shall be certified by an official representative of the defender corporation as true and correct; and no later than September 1, 2008, each such corporation shall assign and transfer or cause to be assigned and transferred all funds and other assets of the corporation of every kind and nature to the Office of the Circuit Public Defender in the circuit in which the county is situate, to be used for the provision of indigent defense services within the county.

     48.1.      (SLED: Special Account Carry Forward)  Funds awarded to the State Law Enforcement Division by either court order or from donations or contributions shall be deposited in a special account with the State Treasurer, and shall be carried forward from year to year, and withdrawn from the Treasurer as needed to fulfill the purposes and conditions of the said order, donations or contributions, if specified, and if not specified, as may be directed by the Chief of the State Law Enforcement Division.  Funds expended from the special account must be annually reported by October 1 to the Senate Finance Committee and the Ways and Means Committee.
     48.2.      (SLED: Computer/Communications Center Carry Forward)  Revenue generated from the operation of the division's criminal justice computer/communications center and not expended during the prior fiscal year may be carried forward and expended for the same purpose during the current fiscal year.
     48.3.      (SLED: Criminal Record Search Fee)  (1)  The State Law Enforcement Division shall charge and collect a fee of $25 for each criminal record search conducted pursuant to Regulations contained in Chapter 73, Article 3, Subarticle 1 of the Code of State Regulations.  All revenue generated up to an amount of four million four hundred sixty-one thousand dollars collected from the criminal record search fee must be deposited to the General Fund of the State; any revenue generated above this amount shall be collected, retained, expended, and carried forward by the State Law Enforcement Division for agency operations.  The sale or dissemination of the criminal history record database maintained by the State Law Enforcement Division is prohibited.  The individual sale of individual criminal history records by SLED is not affected.  Criminal history record information, including arrest history, may be disseminated in accordance with regulations regardless of whether a corresponding judicial finding or disposition is part of the record.
           (2)      The fee allowed under paragraph (1) is fixed at eight dollars if the criminal record search is conducted for a charitable organization, a bona fide mentor, or for the use of a charitable organization.
     The division shall develop forms on which a mentor or charitable organization shall certify that the criminal record search is conducted for the use and benefit of the charitable organization or mentor.  For purposes of this subparagraph, the phrase "charitable organization" means:
                 (a)      an organization which has been determined to be exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended;
                 (b)      a bona fide church, including an institution such as a synagogue or mosque;
                 (c)      or volunteers of a local recreation commission; or
                 (d)      an organization which has filed a statement of registration or exemption under the Solicitation of Charitable Funds Act, Chapter 56, Title 33 of the 1976 Code.
     48.4.      (SLED: Revenue Carry Forward)  All revenue generated by SLED from the sale of vehicles, various equipment, gasoline, and insurance claims during the prior fiscal year may be retained carried forward and expended for the purpose of purchasing like items.
     48.5.      (SLED: Agents Operations Carry Forward)  Any unexpended balance on June 30, of the prior fiscal year, in Part IA, subsection 48 of the section "Agents Operations" may be carried forward and expended for the same purpose in the current fiscal year.
     48.6.      (SLED: Match for Federal Grants Carry Forward)  State appropriations to SLED that are required to provide match for federal grant programs in the prior fiscal year may be carried forward into the current fiscal year and expended for the same purpose as originally appropriated.
     48.7.      DELETED
     48.8.      (SLED: Clothing Allowance)  The State Law Enforcement Division is hereby authorized to provide agents and criminalists with an annual clothing allowance (on a pro rata basis) not to exceed $600 per agent/criminalist for required clothing used in the line of duty.
     48.9.      (SLED: Witness Fee)  The State Law Enforcement Division is hereby authorized to charge a witness fee of $130.00 per hour up to $1,000 per day for each employee testifying in civil matters which do not involve the State as a part in interest.  This fee shall be charged in addition to any court prescribed payment due as compensation or reimbursement for judicial appearances and deposited into a designated revenue account.
     48.10.      (SLED: Concealed Weapon Permit)  The State Law Enforcement Division shall collect, retain, expend, and carry forward all fees associated with the Concealed Weapon Permit program.
     48.11.      (SLED: Commissioned Officers' Physicals)  The department is authorized to pay for the cost of physical examinations for department personnel who are required to receive such physical examinations prior to receiving a law enforcement commission.
     48.12.      (SLED: Detective/Security Fee)  The State Law Enforcement Division is hereby authorized to charge and collect additional license and registration fees for private detective businesses, private security businesses, including employees of these businesses, and companies which provide private security on their own premises.  The funds generated will be transmitted to the Department of Public Safety and used for the purpose of providing additional security in the Capitol Complex area.
     48.13.      (SLED: Meals in Emergency Operations)  The State Law Enforcement Division may provide meals to employees of SLED who are not permitted to leave assigned duty stations and are required to work during deployment, emergency simulation exercises and when the Governor declares a state of emergency.
     48.14.      (SLED: Hazardous Materials Security Detail)  The State Law Enforcement Division (SLED) is authorized to be reimbursed for security related law enforcement services provided to entities authorized to transport sensitive materials within the borders of South Carolina.  SLED shall determine all costs associated with security details and is authorized to coordinate the collection, retention, and distribution to any assisting agency.  SLED and each assisting agency shall expend any funds associated with minimizing risks related to the transportation of these hazardous materials for the implementation of homeland security initiatives.
     48.15.      (SLED: Sex Offender Registry Fee)  Each Sheriff is authorized to charge and collect an annual amount of one hundred fifty dollars from each sex offender required to register by law.  If such sex offender has been declared indigent by the Sheriff of the county in which the offender must register and provides proof of the declaration at the time of registration, the fee will automatically be waived.  If an offender is not declared indigent and fails to pay the fee, he is officially declared unregistered.  This fee shall be divided between the Sheriffs and the State Law Enforcement Division with one hundred dollars of the fee retained by the Sheriffs and the remaining fifty dollars remitted by the Sheriffs to SLED on a quarterly basis.  These funds must be used to support the Statewide Sex Offender Registry.
     48.16.      (SLED: Private Detective Fees Criminal History Checks)  The State Law Enforcement Division is authorized to charge private detective companies, individual private detectives, private security companies, armed security guards, and proprietary security companies an additional fee of twenty-five dollars to process state criminal history checks and fifty dollars for federal fingerprint based criminal history checks.  These funds shall be collected, retained, expended and carried forward by the State Law Enforcement Division.
     48.17.      DELETED
     48.18.      (SLED: CWP Instructors Certification)  The State Law Enforcement Division is authorized to charge one hundred dollars for the issuance of a Certified Concealable Weapons Permit Instructor certificate, and one hundred dollars every three years for each renewal.  These funds shall be collected, retained, expended and carried forward by the State Law Enforcement Division.
     48.19.      DELETED
     48.20.      (SLED: Expungement Requests)  The State Law Enforcement Division is authorized to collect a twenty-five dollar expungement fee for each request to expunge criminal records.  These funds shall be used to offset the operational and research expenses associated with processing these expungement requests.  SLED is authorized to collect, retain, expend, and carry forward these funds.  Persons found not guilty by a court of competent jurisdiction or where charges have been dismissed or nolle prossed shall be excluded from the fee requirement.
     48.21.      (SLED: Retention of Funds Reimbursed by State or Federal Agencies)  The State Law Enforcement Division is authorized to collect, expend, retain, and carry forward all funds received from other state or federal agencies in the current fiscal year as reimbursement of expenditures incurred in the current or prior fiscal year.
     48.22.      (SLED: Monies Associated with Illegal Gaming Devices)  The State Law Enforcement Division is authorized to retain, expend, and carry forward all monies associated with illegal gaming devices seized by the division, once orders of destruction and awarding of these monies have been received from a court of competent jurisdiction.

     49.1.      (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.
     49.2.      (DPS: Miscellaneous Revenue)  Revenue received from the sale of publications, postal reimbursement, photo copying, electronic data from traffic collisions, sale of miscellaneous refuse and recyclable materials, insurance claim receipts, coin operated telephones, and revenue from building management services, and Department of Public Safety training series shall be retained by the department and expended in budgeted operations for 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.
     49.3.      (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.
     49.4.      DELETED
     49.5.      (DPS: Motor Carrier Registration Fees)  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.
     49.6.      (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.
     49.7.      (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.
     49.8.      (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.
     49.9.      (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.
     49.10.      (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.
     49.11.      DELETED
     49.12.      (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.
     49.13.      (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.
     49.14.      DELETED
     49.15.      (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.
     49.16.      (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.
     49.17.      DELETED
     49.18.      (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.
     49.19.      (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.
     49.20.      (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.
     49.21.      (DPS: SC Law Enforcement Officers Hall of Fame Scholarships)  The Department of Public Safety is hereby authorized to accept donations from the public in order to provide scholarships to the children of law enforcement officers killed in the line of duty.  The South Carolina Law Enforcement Officers Hall of Fame Advisory Committee is authorized to set the criteria for awarding such scholarships.  All revenue received for this purpose shall be used to provide scholarships and shall be retained, carried forward, and expended for the same purpose.

     50.1.      (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.
     50.2.      (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.
     50.3.      DELETED
     50.4.      (LETC: CJA-Loan Approval)  Subject to the review of the Joint Bond Review Committee and approval of the Budget and Control Board, the Criminal Justice Academy is authorized to borrow an amount not to exceed $12,000,000 to construct and equip a new dormitory to house students in training at the Academy and additional classroom and office space to meet the increased demand for mandated basic law enforcement training as well as advanced and specialized training.  The State Treasurer is authorized to negotiate the terms and conditions of a loan, revenue bond, or other financing arrangement, the indebtedness for which must be repaid exclusively from either the five dollar surcharge authorized in Section 90 of this Act or other Criminal Justice Academy funds.
     50.5.      DELETED

     51.1.      (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.
     51.2.      (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.
     51.3.      DELETED
     51.4.      (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 or, at the discretion of the Director, used to supplement costs of operations.  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.
     51.5.      (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 comparable, cost-effectiveness to traditional methods of construction, (2) result in long-term operational cost-savings, (3) result in the provision of a new facility of sufficient bed, program, and support space more expeditiously than traditional methods, and (4) be subject to the year-to-year appropriation process of the General Assembly and state procurement procedures.
     51.6.      (CORR: E.H. Cooper Trust Fund)  Any unclaimed funds remaining in any inmate account, after appropriate and necessary steps are taken to determine and contact a rightful owner of such funds, shall be deposited into the Inmate Welfare Fund.
     51.7.      (CORR: Instructional Salaries)  The certified instructional personnel of the Department of Corrections shall receive a percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the instructional personnel throughout the State.
     51.8.      (CORR: Funding Through State Criminal Assistance Program)  All funds received by the State from the United States Department of Justice, State Criminal Alien Assistance Program, for care and custody of illegal aliens housed in the state correctional facilities shall be retained by the South Carolina Department of Corrections to offset incurred expenses.
     51.9.      DELETED
     51.10.      (CORR: Remedial Education Funding)  A criminal offender committed to the custody of the Department of Corrections, who has been evaluated to function at less than an eighth grade educational level, or less than the equivalent of an eighth grade educational level, may be required by department officials to enroll and actively participate in academic education programs.  Funds appropriated to the Department of Corrections for educational programs shall be prioritized to assure such remedial services are provided.
     51.11.      (CORR: Tire Retreading Program Restriction)  The tire retreading program at the Lieber Correctional Institution shall be limited to the marketing and sale of retreads to state governmental entities.
     51.12.      (CORR: Social Security Administration Funding)  All funds received by the S.C. Department of Corrections from the Social Security Administration under Section 1611 (e)(1)(I) of the Social Security Act, which provides payment for information regarding incarcerated Social Security Insurance recipients, shall be retained by the S.C. Department of Corrections and credited to a fund entitled "Special Social Security" for the care and custody of inmates housed in the state correctional facilities.
     51.13.      (CORR: Reward for Information)  The Director of the Department of Corrections may award up to two thousand dollars ($2,000) for information leading to the capture of each escaped convict.  Funds to support such awards shall be generated from monies or things of value used as money found in the unlawful possession of a prisoner and confiscated as contraband by the Department of Corrections.
     51.14.      (CORR: Sale of Timber)  The Department of Corrections is hereby authorized to sell mature trees and other timber suitable for commercial purposes from lands owned by the Department of Corrections.  Prior to such sales, the director shall consult with the State Forester to determine the economic and environmental feasibility of and obtain approval for such sales.  Funds derived from timber sales shall be utilized by the Department of Corrections to maintain and expand the agricultural program, subject to the approval of the Budget and Control Board or at the discretion of the director, for projects or services benefiting the general welfare of the inmate population.
     51.15.      (CORR: Medical Expenses)  The Department of Corrections shall be authorized to charge inmates a nominal fee for any medical treatment or consultation provided at the request of or initiated by the inmate.  A nominal co-pay shall be charged for prescribed medications.  Inmates shall not be charged for psychological or mental health visits.
     51.16.      (CORR: Prison Industry Funds)  The Director of the Department of Corrections, at his discretion, is hereby authorized to utilize prison industry funds for projects or services benefiting the general welfare of the inmate population or to supplement costs of operations.
     51.17.      (CORR: Sale of Horticultural Products)  The proceeds from the sale of horticultural products by the Department of Corrections shall be retained by the agency to fund services benefiting the general welfare of all inmates.
     51.18.      (CORR: Victim Assistance Wage Deductions)  Of monies generated by inmates engaged in work at paid employment in the community, the Director of the Department of Corrections shall deduct the following from the gross wages of the prisoner:
           (a)      ten percent must be placed on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the "Victims of Crime Act of 1984", Public Law 98-473, Title II, Chapter XIV, Section 1404; and
           (b)      ten percent must be retained by the department to support services provided by the department to victims of the incarcerated population.  At the close of the fiscal year, any excess funds not expended by the department to support victim services shall revert to the victim assistance programs account as described in paragraph (a) and as mandated in S.C. Code Section 24-3-40(A)(2).  The department is directed to provide an accounting to the Senate Finance Committee and Ways and Means Committee of how the retained funds were expended and the services that were provided by September 1 each year.
     Such deductions shall apply only if restitution to a particular victim or victims has not been ordered by the court or if court-ordered restitution to a particular victim or victims has been satisfied.  Otherwise restitution must be satisfied before any deductions for victim assistance programs are incurred.
     51.19.      (CORR: Reimbursement for Expenditures)  The Department of Corrections may retain for general operating purposes any reimbursement of funds for expenses incurred in a prior fiscal year.
     51.20.      (CORR: Sale of Real Property)  Funds generated from the sale of real property owned by the Department of Corrections shall be retained by the department to offset renovation and maintenance capital expenditures.
     51.21.      (CORR: Correctional Officer Retention Incentives)  In order to positively impact the retention of qualified correctional officers, and notwithstanding any provision of law to the contrary, the Director of the Department of Corrections is authorized to expend nonappropriated funds for the purpose of providing certain services to correctional officers at no cost or at a reduced cost.  These services may include, but are not limited to, the provision of haircuts, the cleaning of agency uniforms, and other matters that relate directly to job requirements for correctional officers.  These services may be provided by inmates incarcerated within the Department of Corrections.  The price for such services, if any, shall be determined by the Director of the Department of Corrections.  Any funds generated by such activities may be retained by the Department of Corrections and applied to costs associated with the operation of correctional officer retention incentives.
     51.22.      (CORR: Major Renovations and Repairs)  The Department of Corrections may utilize any existing bond funds approved by the 1997 Bond Act for the construction of new beds and particularly those currently designated for construction of beds at MacDougall Correctional Institution and maximum security beds at Kirkland Correctional Institution, for major renovations and repairs and/or the construction of new beds as the budget and inmate population dictate.
     51.23.      (CORR: Funds From Vehicle Cleaning)  Monies generated by inmates engaged in the cleaning and waxing of private vehicles, or any other adult work activity center, shall be placed in a special account and utilized for the welfare of the inmate population.
     51.24.      (CORR: Release of Inmates)  The Director of the Department of Corrections and other persons having charge of prisoners who are required to serve a period of six months or more, may release such prisoners on the first day of the month in which their sentences expire, and if the first day of the month falls on a Saturday, Sunday, or a legal holiday, such prisoners may be released on the last weekday prior to the first of the month which is not a holiday, Saturday or Sunday.
     51.25.      (CORR: Western Union Funding)  All funds received by the S.C. Department of Corrections from the Western Union Quick Collect Revenue Sharing Program or similar private sector entities, which provides payment for processing electronic transfers into the E. H. Cooper Trust Fund, shall be retained by the S.C. Department of Corrections and credited to a fund entitled "Inmate Welfare Fund" to be expended for the benefit of the inmate population.
     51.26.      (CORR: Monitoring Fees)  The Department of Corrections is authorized to charge an inmate who participates in community programs a reasonable fee for the cost of supplying electronic and telephonic monitoring.  The fees charged may not exceed the actual cost of the monitoring.
     51.27.      (CORR: Dairy Processing Operation Expansion)  Subject to the review of the Joint Bond Review Committee and approval of the Budget and Control Board, the Department of Corrections is authorized to borrow an amount not to exceed $6,000,000 for the purpose of constructing and equipping a new Dairy Processing Operation to be located at its Wateree River Farm facility.  The State Treasurer is authorized to negotiate the terms and conditions of a loan, revenue bond, or other financing arrangement, the indebtedness for which must be repaid exclusively from either net revenues derived from operations of the new Dairy Processing Operation or other Department of Corrections funds.
     51.28.      (CORR: Inmate Insurance Policies)  The Department of Corrections may collect and record private health insurance information from incarcerated individuals.  The department may file against any private insurance policy covering an inmate to recoup any health care expenditures covered by the policy.  Health care will be provided in accordance with law and standards regardless of whether or not an inmate is covered by insurance.
     51.29.      (CORR: Work Release Transportation Fee)  The South Carolina Department of Corrections is authorized to charge a $1.00 per-day transportation fee to participants in the work release program only when such transportation is provided by the department.  Monies collected shall be credited to the South Carolina Department of Corrections, and utilized solely to fund transportation of work release participants and vehicle replacement for the work release program.
     51.30.      DELETED
     51.31.      (CORR: Special Assignment Pay Level 2 & 3 Facilities)  Funds appropriated for special assignment pay at the Department of Corrections are for the purpose of addressing vacancies and turnover of staff by providing a pay differential for certain employees assigned to institutions with a Level II or Level III security designation.  The funds are to be used for special assignment pay only and may not be transferred to any other program.  If the employee leaves one of the qualifying job classes or leaves a Level II or Level III institution for a non-Level II or non-Level III facility, they shall no longer be eligible for this special assignment pay.  Only employees in full-time equivalent positions are eligible for this special assignment pay.
     The special assignment pay is not a part of the employee's base salary, but is a percentage thereof, and is to be paid as follows:
           (A)      At Level II institutions:
                           (1)      4% for Correctional Officers including Class Code JD-30 (cadets and Officer I and II positions) and Corporals I and II;
                           (2)      2% for Sergeants and Lieutenants;
                           (3)      1% for Captains and Majors;
                           (4)      2% for Nursing staff; and
                           (5)      2% for Food Service staff.
           (B)      At Level III institutions:
                           (1)      8% for Correctional Officers including Class Code JD-30 (cadets and Officer I and II positions) and Corporals I and II;
                           (2)      3% for Sergeants and Lieutenants;
                           (3)      1% for Captains and Majors;
                           (4)      3% for Nursing staff; and
                           (5)      3% for Food Service staff.
     **51.32.      (CORR: Quota Elimination)  Pursuant to Section 24-3-60 of the 1976 Code, upon notification by the county, the Department of Corrections shall accept newly sentenced inmates from each local jail and detention center.
     For sentenced inmates who the county is willing to transport, the department may limit the acceptance at the Kirkland Correctional Institution to the hours of 8:00 a.m. to 1:00 p.m., Monday through Friday, excluding holidays, and at the Perry and Lieber Correctional Institutions to the hours of 8:00 a.m. to 10:30 a.m., Monday through Friday, excluding holidays.
     By mutual agreement between the Department of Corrections and a local jail or detention center, the department may establish an alternate admissions schedule for receiving inmates at the Reception and Evaluation Center.
     At the time of transfer of the inmate to the department, the county shall provide the sentencing order, and if available copies of medical screening records, booking reports, and other documents to assist the department in its intake processing.  Counties that have not completed medical screenings at the time of transfer shall not be required to do so.
     In the event there are inadequate beds within the Reception and Evaluation Center, the Department of Corrections may create a "jail" within the Kirkland Correctional Institution using one or more of the available 192-bed housing units to accept newly sentenced state inmates who are awaiting R & E processing.  The department may operate such "jail," to the extent feasible, in accordance with standards applicable to the local jails.
     The department shall use the funds appropriated in this Act for "Quota Elimination" to accomplish this initiative and to open a 96-bed unit at the MacDougall Correctional Institution and the 192-bed housing units at Kirkland Correctional Institution.  The funds may not be transferred to any other program or used for any other purpose.

Text printed in italic, boldface indicates sections vetoed by the Governor on May 28, 2008.
**Indicates those vetoes overridden by the General Assembly on June 3 or June 4, 2008

     52.1.      DELETED
     52.2.      (DPPP: Sale of Equipment)  All revenue generated by the Department of Probation, Parole and Pardon Services from the sale of various equipment in excess of $575, less the cost of disposition incurred by the B&C Board, Division of Operations, may be retained and carried forward into the current fiscal year and expended for the purpose of purchasing like items.
     52.3.      (DPPP: Restitution Center Housing and Food)  The department may set, with the approval of the Budget and Control Board, the per day charge for housing and food based on the offender's ability to pay so long as the per day charge does not exceed the actual costs of those services.  This fee is in addition to any supervision fees that may be imposed by the department.  The revenues generated by this per day charge must be used to offset the cost of operating the restitution centers.
     52.4.      (DPPP: Interstate Compact Application Fee)  The department may charge offenders an application fee set by the department, not to exceed $100, to offenders applying for transfers out of state under the Interstate Compact Act.  The application fee shall be retained by the department to offset the cost of the Interstate Compact Act.  All unexpended funds at year-end may be retained and carried forward by the department to be expended for the same purpose.
     52.5.      (DPPP: Cost of Extradition)  The department may charge offenders a fee based on the number of miles and length of time required to perform an extradition.  The fee is to be used to offset the cost of extradition.  All unexpended funds at year-end may be retained and carried forward by the department to be expended for the same purpose.
     52.6.      (DPPP: Victim Notification Processing Fee)  In addition to any other fee, the department must charge each person applying for a pardon a fifty dollar victim notification processing fee.  The fee must be retained by the department and applied to the department's pardon process.
     52.7.      (DPPP: GED Learn and Earn Program)  From the funds appropriated in Part IA, the department may enter into agreements with statewide colleges, technical colleges, and school districts for the purpose of providing GED and GED Prep education to offenders.  Offenders of the department enrolled in the program must repay the department the cost of the course and materials within six months of obtaining their GED.
     52.8.      (DPPP: Offender Polygraph)  The department may charge a fee to offenders required to have maintenance polygraphs.  This fee may not exceed the actual cost of the maintenance polygraph.  All unexpended funds at year-end may be retained and carried forward by the department to be expended for the same purpose.
     52.9.      (DPPP: Sex Offender Monitoring Carry Forward)  The Department of Probation, Parole and Pardon Services is authorized to carry forward any unexpended funds in the Sex Offender Monitoring program.  These funds must be used for the sex offender monitoring program.  For the purpose of calculating the amount of funds which may be carried forward by the department, Sex Offender Monitoring program funds carried forward by this provision shall be excluded from the calculation of the carry forward authorized by provision elsewhere in this Act.
     52.10.      (DPPP: Offender Drug Testing Fee)  The department may charge offenders a fee set by the department, not to exceed $50, for the purpose of having a drug test analyzed by a lab for offenders challenging the findings of a drug test administered by the department.  If it is determined that the offender is indigent, this filing fee must be waived.  The fee shall be retained by the department to offset the cost of the lab test.  All unexpended funds at year-end may be retained and carried forward by the department to be expended for the same purpose.

     53.1.      (DJJ: Meal Ticket Revenue)  The revenue generated from sale of meal tickets by the Department of Juvenile Justice shall be retained and carried forward into the current fiscal year by the agency and expended for the operation of the agency's cafeterias and food service programs.
     53.2.      (DJJ: Interstate Compact Revenue)  The revenue returned to the Interstate Compact Program shall be retained and carried forward into the current fiscal year by the agency and expended for the operation of the program.
     53.3.      (DJJ: Educational Funds Audit)  Notwithstanding the provisions of the Education Finance Act, the South Carolina Department of Juvenile Justice shall have its educational funds audited by the Office of the State Auditor pursuant to a schedule established by the State Auditor, and said audit shall be sufficient to satisfy the timetable for audits required in Regulation 43175.
     53.4.      (DJJ: Children's Projects Revenue)  Funds generated from the projects undertaken by children under the supervision of the Department of Juvenile Justice may be retained by the department and utilized for the benefit of those children.  Such funds may be carried forward into the following fiscal year.
     53.5.      (DJJ: Revenues Generated)  All revenues generated from USDA federal grants, the Education Finance Act (EFA), the Detention Center, and Medicaid federal funding may be retained, carried forward into current fiscal year, and expended by the Department of Juvenile Justice, in accordance with applicable regulations, for the costs associated with these programs.
     53.6.      (DJJ: Instructional Salaries)  The certified instructional personnel of the Department of Juvenile Justice shall receive a percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the instructional personnel throughout the State.
     53.7.      (DJJ: Juvenile Justice Parole Board Compensation)  The department is authorized to pay the Juvenile Justice Parole Board member up to $200 per day for services rendered to the agency in the performance of their official duties.  The total amount of agency funds which can be utilized in this manner cannot exceed $48,000 per year and is subject to base budget reductions.
     53.8.      (DJJ: Reimbursements for Expenditures)  The Department of Juvenile Justice may retain for general operating purposes any reimbursement of funds for expenses incurred in a prior fiscal year.
     53.9.      (DJJ: Juvenile Arbitration/Community Advocacy Program)  The amount appropriated and authorized in this section for the Juvenile Arbitration Program shall be retained and expended by the Department of Juvenile Justice for the purpose of providing juvenile arbitration services through the sixteen (16) Judicial Circuit Solicitors' offices in the state and used to fund necessary administrative and personnel costs for the programs.
     The Department of Juvenile Justice shall contract with Solicitors to administer the Juvenile Arbitration Program and disburse up to $60,000 per Judicial Circuit based on services rendered.  The amount payable to Solicitors may vary based on consistent adherence to established statewide program guidelines to assess program performance.
     The $250,000 appropriated for the Community Advocacy Program in the first Judicial Circuit, will be used to fund necessary administrative and personnel costs for this status offender diversion program.  The Department of Juvenile Justice shall monitor and provide support to this program.
     All unexpended funds may be retained and carried forward from the prior fiscal year to be used for the same purposes.
     53.10.      (DJJ: Sale of Real Property)  After receiving approval from the Budget and Control Board for the sale of property, the department is authorized to retain revenues associated with the sale of department-owned real property and may expend these funds on capital improvements reviewed by the Joint Bond Review Committee and approved by the Budget and Control Board.
     53.11.      (DJJ: Sale of Timber)  The Department of Juvenile Justice is hereby authorized to sell mature trees and other timber suitable for commercial purposes from lands owned by the department.  Prior to such sales, the director shall consult with the State Forester to determine economic and environmental feasibility and to obtain approval for such sales.  Funds derived from timber sales shall be retained and utilized for family support services after setting aside a reasonable amount, as determined by the State Forester, for reforestation of the lands from which the trees and timber are sold.
     53.12.      DELETED
     53.13.      (DJJ: Drug Free Workplace)  The critical mission of the Department of Juvenile Justice requires a safe and drug free work environment.  In order to accomplish this, the department may conduct and pay for the cost of pre-employment drug testing and random employee drug testing.  The department is authorized to expend funds in order to provide or procure these services.
     53.14.      (DJJ: Definition of Juveniles)  The Department of Juvenile Justice is authorized to place juveniles in marine and wilderness programs or other community residence programs operated by non-governmental entities.  Juveniles receiving services in these community residence programs must either be referred to such a program by the Family Court as a condition of probation, released to such a program by the Board of Juvenile Parole, or voluntarily agree to be assigned and released to such a program by the Department of Juvenile Justice.
     53.15.      (DJJ: Adult Education - GED)  Juveniles committed to the Department of Juvenile Justice who have been enrolled in, but not yet completed, a GED educational program while at the department, at the discretion of the local school district, upon release from the department shall be allowed to enroll in either the juvenile's local school district's regular education program, in their appropriate grade placement, or allowed to enroll in that district's or county's adult education program.  If enrolled in an adult education program, the juvenile's eligibility for taking the GED shall be based upon the regulations promulgated by the Department of Education for youth who are confined in, or under the custody of, the Department of Juvenile Justice.
     53.16.      (DJJ: Credit for Pre-Dispositional Secure Confinement)  Juveniles detained in any temporary holding facility or juvenile detention center or who are temporarily committed for evaluation to a Department of Juvenile Justice evaluation center, for the offense for which they are subsequently committed by the Family Court to the custody of the Department of Juvenile Justice, shall receive credit toward their parole guidelines, if indeterminately sentenced, and credit toward their date of release, if determinately sentenced, for each day they are detained in or temporarily committed to any secure pre-dispositional facility, center, or program.
     53.17.      DELETED
     53.18.      (DJJ: Local District Effort)  Upon commitment or confinement to a Department of Juvenile Justice facility, the school district in which that child resides shall pay an amount equivalent to the statewide average of the local base student cost (30%), multiplied by the appropriate pupil weighting set forth in Section 59-20-40, for instructional services provided to out-of-district students to the Department of Juvenile Justice for the time period in which the child is committed or confined to a department facility.  EFA funding for school districts is provided for a 180 day school year.  The billing provided by the department shall be calculated by dividing the local base student cost by 225 days to determine the daily rate.  The department shall notify the school district in writing within 45 calendar days that a student from the nonresident district is receiving education services pursuant to this provision.  The notice shall also contain the student's name, date of birth, disabling condition if available, and dates of service.
     The invoice shall be paid within 60 days of billing, provided the department has provided a copy of the invoice to both the superintendent and the finance office of the school district being invoiced.  Should the school district fail to pay the invoice within 60 days, the department can seek relief from the Department of Education.  The Department of Education shall withhold EFA funding equal to the billing from the district refusing to pay and submit the funding (equal to the invoice) to the department.  If adequate funding is not received, the department shall have the flexibility to use funds from other programmatic areas to maintain an appropriate level of service.
     53.19.      (DJJ: Detention Per Diem Costs)  Local governments utilizing the juvenile detention services provided by the Department of Juvenile Justice must pay the department a per diem of fifty dollars a day per child.  The department may apply the remainder of the funds generated by this item, if any, to operational or capital expenses associated with juvenile services provided by the department.  If adequate funding is not received, the department shall have flexibility to use funds from other programmatic areas to maintain an appropriate level of service.
     53.20.      DELETED

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

     55.1.      (CMA: Private Contributions and Sponsorship)  Monies derived from private sources for agency research, forums, training, and institutes may be retained and expended by the commission for the said purpose.  Any remaining balance may be carried forward and expended for the same purpose.
     55.2.      (CMA: Carry Forward Registration Fees)  Revenue derived from registration fees received from training and institutes may be retained and carried forward for the purpose of conducting future training and institutes.
     55.3.      (CMA: Carry Forward Grant Awards)  Revenues pooled from public and private sources for the purpose of awarding grants to address problems in the minority community may be retained and carried forward by the commission.
     55.4.      (CMA: Carry Forward Bingo Revenues)  Bingo revenues received by the commission in the prior fiscal year pursuant to Section 12-21-4200(3) of the 1976 Code which are not expended during that fiscal year may be carried forward to be expended in the current fiscal year.
     55.5.      (CMA: Student Achievement and Vision Education)  The Commission for Minority Affairs is directed to study the economic and social impact of state funded programs that serve counties experiencing demographic shifts in the minority populations.  The commission shall also study the programs and structures that contribute to or by their absence, exacerbate the problem of poor student achievement and socioeconomic deprivation.  The commission is directed to identify all funding to programs and services that support family well-being in South Carolina.  To identify and document gaps and duplication of services, the commission is directed to collect information regarding spending and programming from the following state agencies that will by virtue of this proviso be required to comply.  The following state agencies are required to provide information to the Commission for Minority Affairs:  Adjutant General's Office (Emergency Management Division), Department of Agriculture, Department of Alcohol and Other Drug Abuse Services, Commission for the Blind, Budget and Control Board, Department of Commerce, Department of Consumer Affairs, Department of Corrections, School for the Deaf and the Blind, Department of Disabilities and Special Needs, Education Oversight Committee, Department of Education, Educational Television Commission, Employment Security Commission, Governor's Office, Department of Health and Environmental Control, Department of Health and Human Services, State Housing, Finance and Development Authority, Department of Juvenile Justice, Department of Mental Health, Department of Probation, Parole and Pardon Services, Department of Social Services, state colleges and  universities, and other agencies as the commission deems appropriate.  The commission shall compile reports that identifies strengths, weaknesses, and gaps in program support activities that should be addressed to increase positive outcomes to help close the achievement gap, provide community supports that strengthen families, and address inequities confronting minorities in the State.  The report shall make recommendations regarding the reallocation of funding, restructuring of agencies and services, and the need for new programs or incentives for public-private partnerships.  The report(s) shall be issued to the Governor, the President Pro Tempore of the Senate, the Chairman of the Senate Finance Committee, the Chairman of the Senate Education Committee, the Speaker of the House of Representatives, the Chairman of the House Ways and Means Committee, the Chairman of the House Education and Public Works Committee, the Chairman of the Legislative Black Caucus and the State Superintendent of Education and State Agency Heads on or before the first Tuesday of February 2009 for consideration and further legislative action.

     56.1.      (PSC: Real-Time Closed Captioning - Major Media Markets)  The Public Service Commission is authorized and instructed to expend up to $810,000 from the Dual Party Relay Fund in order to continue real-time closed captioning of locally produced news services for the four television stations that are currently providing the service.  The purpose of the voluntary project is to allow for the deaf and hard-of-hearing citizens of our state to have real-time access to news and weather information.  Only expenditures directly related to real-time closed captioning can be funded from this appropriation.  This proviso will remain in effect through June 30, 2009, or until such time as a contract for real-time closed captioning may be awarded, whichever comes first.

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

     58.1.      (WCC: Medical Services Provider Manual Revenue)  All revenue earned from the sale of the commission's publication Medical Services Provider Manual shall be retained by the agency to be used for the printing and distribution of subsequent revised editions of the schedule.
     58.2.      (WCC: Educational Seminar Revenue)  All revenue earned from educational seminars shall be retained by the agency to be used for the printing of educational materials and other expenses related to conducting the seminar.
     58.3.      DELETED
     58.4.      (WCC: Retention of Filing Fees)  The Workers' Compensation Commission is authorized to retain and expend all revenues received as a result of a $25.00 filing fee for each requested hearing, settlement, or motion.  If it is determined that the individual is indigent, this filing fee must be waived.

     59.1.      (SAF: Educational Seminar Revenue)  The State Accident Fund is authorized to set and collect fees for educational seminars.  All revenue earned from educational seminars shall be retained by the agency and used for supplies, materials, and other expenses relating to the seminars.
     59.2.      (SAF: Workers' Compensation Coverage for Volunteers)  The State Accident Fund shall provide recommendations to the General Assembly and the Governor regarding state provided professional liability and workers' compensation insurance coverage for professionals licensed pursuant to Title 40 of the 1976 Code who volunteer to provide professional services that are outside of and not in the course of their employment and who participate in organized, continuing proactive programs which operate under the authority of local Offices of Emergency Management or at the request of state or local governments during or in the forty-eight (48) hours preceding natural disasters or declared states of emergency occurring in South Carolina.  The recommendations shall be submitted by January 16, 2009.

     62.1.      (INS: Examiners Travel/Subsistence Reimbursement)  Notwithstanding the limitations in this act as to amounts payable or reimbursable for lodging, meals, and travel, the Department of Insurance is authorized to reimburse department examiners in accordance with guidelines established by the National Association of Insurance Commissioners only when the State is reimbursed by an insurance company for the travel and subsistence expenses of Insurance Department examiners pursuant to S. C. Code Section 38-13-10, 1976.
     62.2.      (INS: Reimbursement Carry Forward)  Reimbursements received for Data Processing Services, Revenue, Miscellaneous Revenue and Sale of Listings and Labels shall be retained for use by the department.  These funds may be carried forward in the current fiscal year. The Department of Insurance is authorized to pay the annual dues, not to exceed $10,000 for the South Carolina Senate and the South Carolina House of Representatives for membership in the National Council of Insurance Legislators from funds collected under this proviso.
     62.3.      DELETED

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

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

     65.1.      (LLR: Fire Marshal - Authorization to Charge Fees for Training)  The Fire Academy may charge participants a fee to cover the cost of education, training programs, and operations.  The revenue generated may be applied to the cost of operations, and any unexpended balance may be carried forward to the current fiscal year and utilized for the same purposes.
     65.2.      (LLR: Real Estate - Special Account)  Revenue in the Real Estate Appraisal Registry account shall not be subject to fiscal year limitations and shall carry forward each fiscal year for the designated purpose.
     65.3.      (LLR: POLA - 110%, Other Funds)  The Professional and Occupational Offices in Program II.F. Professional and Occupational Licensing must remit annually an amount equal to 10% of the expenditures to the general fund.  The Contractor's Licensing Board must remit all revenues above their expenditures to the general fund.  The revenue remitted by the Contractor's Licensing Board to the general fund includes the 10%.
     65.4.      (LLR: Fire Marshal Fallen Firefighters Memorial)  The Department of Labor, Licensing and Regulations - Division of the State Fire Marshal is authorized to accept gifts or grants of serv