SECTION 1 - H63 - DEPARTMENT OF EDUCATION

     1.1.      (SDE: Appropriation Transfer Prohibition)  The amounts appropriated herein for aid to subdivisions, allocations to school districts, or special line items shall not be transferred and must be expended in accordance with the intent of the appropriation, 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 for Part IA has been determined to be $2,578 $2,034 and the base student cost for Part III has been determined to be $300 for a total base student cost of $2,334.  In Fiscal Year 2008-09 2009-10, the total pupil count is projected to be 690,363 691,816.  The average per pupil funding is projected to be $4,867 $4,153 state, $1,097 $1,296 federal, and $5,516 $5,792 local.  This is an average total funding level of $11,480 $11,242 excluding revenues of local bond issues.  For Fiscal Year 2009-10 the South Carolina Public Charter School District shall receive and distribute state funds to the charter school as determined by the current year's base student cost, as funded by the General Assembly, plus an additional $700, multiplied by the weighted students enrolled in the charter school, which must be subject to adjustment for student attendance and state budget allocations.
     In Fiscal Year 2008-09 2009-10, the Abbeville School District total pupil count is projected to be 3,366 2,911.  The per pupil funding is projected to be $5,948 $6,059 state, $1,174 $1,616 federal, and $3,561 $3,604 local.  This is a total projected funding level of $10,684 $11,279 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Aiken School District total pupil count is projected to be 23,689 23,640.  The per pupil funding is projected to be $4,790 $4,084 state, $729 $1,225 federal, and $3,802 $3,673 local.  This is a total projected funding level of $9,320 $8,982 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Allendale School District total pupil count is projected to be 1,511 1,454.  The per pupil funding is projected to be $11,049 $7,310 state, $1,889 $1,764 federal, and $4,912 $3,978 local.  This is a total projected funding level of $17,850 $13,053 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Anderson School District 1 total pupil count is projected to be 9,013 9,168.  The per pupil funding is projected to be $4,466 $4,053 state, $532 $656 federal, and $3,661 $3,485 local.  This is a total projected funding level of $8,659 $8,194 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Anderson School District 2 total pupil count is projected to be 3,664 3,694.  The per pupil funding is projected to be $5,378 $4,573 state, $762 $609 federal, and $4,357 $3,780 local.  This is a total projected funding level of $10,497 $8,962 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Anderson School District 3 total pupil count is projected to be 2,643 2,558.  The per pupil funding is projected to be $5,474 $4,919 state, $1,526 $1,370 federal, and $3,851 $3,857 local.  This is a total projected funding level of $10,851 $10,146 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Anderson School District 4 total pupil count is projected to be 2,753 2,901.  The per pupil funding is projected to be $4,564 $3,850 state, $1,083 $1,231 federal, and $6,718 $7,007 local.  This is a total projected funding level of $12,365 $12,087 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Anderson School District 5 total pupil count is projected to be 12,286 11,985.  The per pupil funding is projected to be $4,965 $4,277 state, $1,010 $1,488 federal, and $5,046 $4,675 local.  This is a total projected funding level of $11,021 $10,440 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Bamberg School District 1 total pupil count is projected to be 1,449 1,377.  The per pupil funding is projected to be $6,139 $5,491 state, $1,958 $1,675 federal, and $3,628 $3,723 local.  This is a total projected funding level of $11,725 $10,889 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Bamberg School District 2 total pupil count is projected to be 832 872.  The per pupil funding is projected to be $8,608 $6,126 state, $1,509 $2,011 federal, and $5,443 $4,334 local.  This is a total projected funding level of $15,560 $12,471 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Barnwell School District 19 total pupil count is projected to be 821 747.  The per pupil funding is projected to be $6,737 $5,256 state, $2,121 2,578 federal, and $4,146 $3,900 local.  This is a total projected funding level of $13,003 $11,734 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Barnwell School District 29 total pupil count is projected to be 843 972. The per pupil funding is projected to be $6,538 $4,544 state, $1,672 $1,466 federal, and $3,983 $3,305 local.  This is a total projected funding level of $12,193 $9,315 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Barnwell School District 45 total pupil count is projected to be 2,440 2,445.  The per pupil funding is projected to be $6,026 $4,898 state, $830 $1,177 federal, and $3,078 $2,970 local.  This is a total projected funding level of $9,935 $9,045 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Beaufort School District total pupil count is projected to be 18,905 18,425.  The per pupil funding is projected to be $2,389 $1,379 state, $977 $1,703 federal, and $10,765 $12,157 local.  This is a total projected funding level of $14,131 $15,240 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Berkeley School District total pupil count is projected to be 27,451 28,058.  The per pupil funding is projected to be $4,635 $4,119 state, $721 $959 federal, and $5,927 $5,655 local.  This is a total projected funding level of $11,283 $10,733 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Calhoun School District total pupil count is projected to be 1,522 1,569.  The per pupil funding is projected to be $6,324 $5,309 state, $1,059 $1,495 federal, and $7,155 $6,632 local.  This is a total projected funding level of $14,538 $13,436 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Charleston School District total pupil count is projected to be 39,745 40,639.  The per pupil funding is projected to be $3,609 $2,703 state, $1,328 $1,593 federal, and $4,888 $9,874 local.  This is a total projected funding level of $9,824 $14,169 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Cherokee School District total pupil count is projected to be 9,027 8,868.  The per pupil funding is projected to be $5,157 $4,696 state, $1,280 $1,558 federal, and $6,749 $4,801 local.  This is a total projected funding level of $13,186 $11,055 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Chester School District total pupil count is projected to be 5,665 5,503.  The per pupil funding is projected to be $5,549 $4,761 state, $1,719 $1,970 federal, and $4,029 $5,050 local.  This is a total projected funding level of $11,297 $11,781 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Chesterfield School District total pupil count is projected to be 7,770 7,730.  The per pupil funding is projected to be $5,604 $4,700 state, $797 $1,453 federal, and $3,268 $3,303 local.  This is a total projected funding level of $9,669 $9,457 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Clarendon School District 1 total pupil count is projected to be 851 840.  The per pupil funding is projected to be $6,857 $5,935 state, $4,749 $1,629 federal, and $6,475 $6,690 local.  This is a total projected funding level of $18,081 $14,254 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Clarendon School District 2 total pupil count is projected to be 2,992 2,974.  The per pupil funding is projected to be $5,597 $5,239 state, $1,761 $1,897 federal, and $3,461 $2,517 local.  This is a total projected funding level of $10,819 $9,653 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Clarendon School District 3 total pupil count is projected to be 1,231 1,207.  The per pupil funding is projected to be $5,535 $5,095 state, $755 $1,013 federal, and $3,353 $2,570 local.  This is a total projected funding level of $9,643 $8,678 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Colleton School District total pupil count is projected to be 5,965 5,918.  The per pupil funding is projected to be $5,150 $4,822 state, $1,723 $2,250 federal, and $3,286 $4,576 local.  This is a total projected funding level of $10,159 $11,648 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Darlington School District total pupil count is projected to be 10,824 10,522.  The per pupil funding is projected to be $5,384 $4,772 state, $1,378 $1,642 federal, and $5,193 $5,340 local.  This is a total projected funding level of $11,955 $11,754 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Dillon School District 1 total pupil count is projected to be 908 794.  The per pupil funding is projected to be $5,031 $5,326 state, $1,031 $1,824 federal, and $1,851 $2,183 local.  This is a total projected funding level of $7,913 $9,333 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Dillon School District 2 total pupil count is projected to be 3,321 3,380.  The per pupil funding is projected to be $5,704 $4,771 state, $1,183 $1,738 federal, and $1,736 $1,733 local.  This is a total projected funding level of $8,624 $8,243 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Dillon School District 3 total pupil count is projected to be 1,573 1,616.  The per pupil funding is projected to be $5,078 $4,457 state, $1,430 $1,209 federal, and $2,162 $2,199 local.  This is a total projected funding level of $8,670 $7,865 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Dorchester School District 2 total pupil count is projected to be 21,650 21,969.  The per pupil funding is projected to be $4,386 $3,790 state, $462 $641 federal, and $3,830 $4,399 local.  This is a total projected funding level of $8,679 $8,830 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Dorchester School District 4 total pupil count is projected to be 2,158 2,190.  The per pupil funding is projected to be $5,950 $4,807 state, $1,974 $1,918 federal, and $7,428 $6,918 local.  This is a total projected funding level of $15,352 $13,643 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Edgefield School District total pupil count is projected to be 3,929 3,795.  The per pupil funding is projected to be $5,578 $5,158 state, $867 $972 federal, and $3,613 $3,879 local.  This is a total projected funding level of $10,057 $10,010 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Fairfield School District total pupil count is projected to be 3,183 2,940.  The per pupil funding is projected to be $5,256 $5,175 state, $1,080 $2,003 federal, and $7,775 $8,343 local.  This is a total projected funding level of $14,112 $15,520 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Florence School District 1 total pupil count is projected to be 14,860 15,203.  The per pupil funding is projected to be $4,790 $4,228 state, $1,765 $1,408 federal, and $5,032 $4,867 local.  This is a total projected funding level of $11,587 $10,503 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Florence School District 2 total pupil count is projected to be 1,092 1,230.  The per pupil funding is projected to be $5,908 $4,848 state, $1,020 $1,099 federal, and $4,248 $4,008 local.  This is a total projected funding level of $11,177 $9,956 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Florence School District 3 total pupil count is projected to be 3,558 3,485.  The per pupil funding is projected to be $5,760 $5,106 state, $2,357 $3,087 federal, and $2,869 $2,584 local.  This is a total projected funding level of $10,987 $10,777 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Florence School District 4 total pupil count is projected to be 858 814.  The per pupil funding is projected to be $8,035 $7,302 state, $2,010 $1,950 federal, and $5,844 $4,728 local.  This is a total projected funding level of $15,888 $13,980 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Florence School District 5 total pupil count is projected to be 1,486 1,395.  The per pupil funding is projected to be $5,620 $5,314 state, $736 $1,213 federal, and $3,914 $3,867 local.  This is a total projected funding level of $10,270 $10,394 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Georgetown School District total pupil count is projected to be 10,124 9,467.  The per pupil funding is projected to be $4,145 $3,604 state, $1,004 $1,411 federal, and $6,241 $7,484 local.  This is a total projected funding level of $11,390 $12,499 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Greenville School District total pupil count is projected to be 69,188 69,784.  The per pupil funding is projected to be $4,462 $3,898 state, $664 $1,040 federal, and $5,273 $4,969 local.  This is a total projected funding level of $10,399 $9,908 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Greenwood School District 50 total pupil count is projected to be 8,849 8,922.  The per pupil funding is projected to be $5,153 $4,412 state, $1,007 $1,143 federal, and $5,666 6,156 local.  This is a total projected funding level of $11,825 $11,712 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Greenwood School District 51 total pupil count is projected to be 1,041 1,053.  The per pupil funding is projected to be $6,348 $5,397 state, $1,224 $1,143 federal, and $4,615 $4,229 local.  This is a total projected funding level of $12,188 $10,770 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Greenwood School District 52 total pupil count is projected to be 1,566 1,593.  The per pupil funding is projected to be $3,422 $3,152 state, $809 $867 federal, and $6,706 $6,296 local.  This is a total projected funding level of $10,937 $10,314 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Hampton School District 1 total pupil count is projected to be 2,688 2,607.  The per pupil funding is projected to be $5,707 $5,135 state, $1,252 $1,516 federal, and $2,944 $2,876 local.  This is a total projected funding level of $9,903 $9,526 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Hampton School District 2 total pupil count is projected to be 1,103 1,047.  The per pupil funding is projected to be $8,369 $7,510 state, $1,644 $2,148 federal, and $4,235 $4,070 local.  This is a total projected funding level of $14,248 $13,728 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Horry School District total pupil count is projected to be 36,514 37,225.  The per pupil funding is projected to be $3,858 $3,391 state, $1,347 $1,336 federal, and $7,606 $7,836 local.  This is a total projected funding level of $12,811 $12,563 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Jasper School District total pupil count is projected to be 3,099 3,274.  The per pupil funding is projected to be $5,199 $4,373 state, $1,921 $1,793 federal, and $10,636 $6,546 local.  This is a total projected funding level of $17,756 $12,713 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Kershaw School District total pupil count is projected to be 10,360 10,267.  The per pupil funding is projected to be $5,116 $4,588 state, $775 $1,183 federal, and $3,835 $4,653 local.  This is a total projected funding level of $9,727 $10,424 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Lancaster School District total pupil count is projected to be 11,461 11,786.  The per pupil funding is projected to be $5,094 $4,200 state, $1,180 $1,641 federal, and $4,071 $4,597 local.  This is a total projected funding level of $10,345 $10,437 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Laurens School District 55 total pupil count is projected to be 5,601 5,559.  The per pupil funding is projected to be $5,513 $4,855 state, $1,088 $1,382 federal, and $3,807 $3,520 local.  This is a total projected funding level of $10,409 $9,757 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Laurens School District 56 total pupil count is projected to be 3,182 3,058.  The per pupil funding is projected to be $5,706 $5,020 state, $2,207 $2,023 federal, and $3,143 $3,725 local.  This is a total projected funding level of $11,056 $10,768 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Lee School District total pupil count is projected to be 2,326 2,367.  The per pupil funding is projected to be $7,455 $6,796 state, $1,834 $2,105 federal, and $4,304 $3,295 local.  This is a total projected funding level of $13,593 $12,196 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Lexington School District 1 total pupil count is projected to be 21,134 22,013.  The per pupil funding is projected to be $4,951 $4,174 state, $691 $605 federal, and $6,628 $6,914 local.  This is a total projected funding level of $12,270 $11,693 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Lexington School District 2 total pupil count is projected to be 8,884 8,419.  The per pupil funding is projected to be $5,195 $4,639 state, $3,351 $1,270 federal, and $4,417 $4,827 local.  This is a total projected funding level of $12,963 $10,736 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Lexington School District 3 total pupil count is projected to be 1,920 1,987.  The per pupil funding is projected to be $6,108 $4,959 state, $1,335 $1,571 federal, and $6,372 $6,565 local.  This is a total projected funding level of $13,815 $13,095 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Lexington School District 4 total pupil count is projected to be 3,204 3,072.  The per pupil funding is projected to be $6,773 $6,247 state, $2,632 $2,329 federal, and $3,750 $3,847 local.  This is a total projected funding level of $13,155 $12,423 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Lexington School District 5 total pupil count is projected to be 16,582 16,235.  The per pupil funding is projected to be $5,294 $4,650 state, $709 $672 federal, and $6,597 $7,042 local.  This is a total projected funding level of $12,600 $12,363 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Marion School District 1 total pupil count is projected to be 2,860 2,653.  The per pupil funding is projected to be $5,490 $5,025 state, $1,558 $2,221 federal, and $2,789 $2,712 local.  This is a total projected funding level of $9,836 $9,959 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Marion School District 2 total pupil count is projected to be 1,822 1,857.  The per pupil funding is projected to be $5,683 $4,838 state, $2,011 $2,792 federal, and $2,750 $2,864 local.  This is a total projected funding level of $10,443 $10,495 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Marion School District 7 total pupil count is projected to be 679 694.  The per pupil funding is projected to be $8,964 $7,773 state, $2,614 $1,892 federal, and $3,184 2,989 local.  This is a total projected funding level of $14,761 $12,654 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Marlboro School District total pupil count is projected to be 4,457 4,274.  The per pupil funding is projected to be $6,248 $5,702 state, $2,017 $2,037 federal, and $3,371 $2,881 local.  This is a total projected funding level of $11,636 $10,620 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the McCormick School District total pupil count is projected to be 881 831.  The per pupil funding is projected to be $5,954 $4,428 state, $776 $2,322 federal, and $8,728 $8,688 local.  This is a total projected funding level of $15,458 $15,439 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Newberry School District total pupil count is projected to be 5,769 5,762.  The per pupil funding is projected to be $5,585 $4,910 state, $1,257 $1,596 federal, and $5,723 $6,399 local.  This is a total projected funding level of $12,565 $12,905 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Oconee School District total pupil count is projected to be 10,501 10,274.  The per pupil funding is projected to be $4,465 $3,852 state, $973 $1,291 federal, and $8,047 $7,284 local.  This is a total projected funding level of $13,484 $12,427 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Orangeburg School District 3 total pupil count is projected to be 3,014 2,878.  The per pupil funding is projected to be $6,098 $5,560 state, $1,495 $2,075 federal, and $7,336 $6,098 local.  This is a total projected funding level of $14,929 $13,733 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Orangeburg School District 4 total pupil count is projected to be 4,022 3,836.  The per pupil funding is projected to be $5,512 $5,002 state, $1,759 $1,614 federal, and $5,092 $4,917 local.  This is a total projected funding level of $12,363 $11,533 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Orangeburg School District 5 total pupil count is projected to be 6,302 6,392.  The per pupil funding is projected to be $6,162 $5,139 state, $1,882 $1,900 federal, and $5,919 $5,795 local.  This is a total projected funding level of $13,962 $12,834 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Pickens School District total pupil count is projected to be 16,234 16,210.  The per pupil funding is projected to be $4,756 $4,040 state, $1,117 $1,034 federal, and $4,073 $4,727 local.  This is a total projected funding level of $9,947 $9,801 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Richland School District 1 total pupil count is projected to be 22,690 23,060.  The per pupil funding is projected to be $5,568 $4,542 state, $1,239 $2,072 federal, and $10,079 $7,897 local.  This is a total projected funding level of $16,886 $14,511 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Richland School District 2 total pupil count is projected to be 24,557 24,669.  The per pupil funding is projected to be $4,478 $4,028 state, $871 $903 federal, and $6,271 $6,326 local.  This is a total projected funding level of $11,620 $11,256 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Saluda School District total pupil count is projected to be 2,017 2,047.  The per pupil funding is projected to be $5,692 $4,971 state, $1,111 $1,228 federal, and $4,345 $3,936 local.  This is a total projected funding level of $11,148 $10,135 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Spartanburg School District 1 total pupil count is projected to be 5,030 5,009.  The per pupil funding is projected to be $5,070 $4,538 state, $724 $1,054 federal, and $4,488 $4,840 local.  This is a total projected funding level of $10,282 $10,432 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Spartanburg School District 2 total pupil count is projected to be 9,690 9,656.  The per pupil funding is projected to be $4,851 $4,212 state, $690 $939 federal, and $3,464 $3,747 local.  This is a total projected funding level of $9,005 $8,898 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Spartanburg School District 3 total pupil count is projected to be 2,980 2,929.  The per pupil funding is projected to be $5,326 $4,791 state, $841 $1,190 federal, and $5,134 $5,288 local.  This is a total projected funding level of $11,301 $11,269 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Spartanburg School District 4 total pupil count is projected to be 2,840 2,881.  The per pupil funding is projected to be $5,184 $4,465 state, $1,009 $850 federal, and $3,328 $4,388 local.  This is a total projected funding level of $9,520 $9,702 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Spartanburg School District 5 total pupil count is projected to be 7,169 7,679.  The per pupil funding is projected to be $4,536 $3,847 state, $821 $760 federal, and $5,849 $6,675 local.  This is a total projected funding level of $11,206 $11,282 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Spartanburg School District 6 total pupil count is projected to be 10,378 10,132.  The per pupil funding is projected to be $4,445 $4,180 state, $797 $960 federal, and $4,781 $4,943 local.  This is a total projected funding level of $10,023 $10,082 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Spartanburg School District 7 total pupil count is projected to be 7,030 7,261.  The per pupil funding is projected to be $6,386 $4,999 state, $1,672 $1,899 federal, and $7,922 $7,071 local.  This is a total projected funding level of $15,980 $13,969 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Sumter School District 2 total pupil count is projected to be 8,637 8,354.  The per pupil funding is projected to be $5,300 $4,629 state, $1,375 $1,784 federal, and $3,023 $3,393 local.  This is a total projected funding level of $9,697 $9,805 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Sumter School District 17 total pupil count is projected to be 8,075 8,385.  The per pupil funding is projected to be $5,735 $4,607 state, $1,272 $1,947 federal, and $3,613 $3,164 local.  This is a total projected funding level of $10,620 $9,718 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Union School District total pupil count is projected to be 4,431 4,403.  The per pupil funding is projected to be $6,053 $5,204 state, $1,140 $1,246 federal, and $2,430 $2,788 local.  This is a total projected funding level of $9,622 $9,238 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the Williamsburg School District total pupil count is projected to be 5,240 4,980.  The per pupil funding is projected to be $5,697 $5,085 state, $2,692 $3,005 federal, and $2,566 $3,277 local.  This is a total projected funding level of $10,955 $11,367 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the York School District 1 total pupil count is projected to be 5,080 5,187.  The per pupil funding is projected to be $5,299 $4,303 state, $593 $1,065 federal, and $4,182 $4,189 local.  This is a total projected funding level of $10,074 $9,557 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the York School District 2 total pupil count is projected to be 6,430 6,353.  The per pupil funding is projected to be $4,008 $3,125 state, $557 $527 federal, and $8,233 $8,218 local.  This is a total projected funding level of $12,798 $11,870 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the York School District 3 total pupil count is projected to be 17,314 17,459.  The per pupil funding is projected to be $4,998 $4,377 state, $719 $770 federal, and $4,932 $6,085 local.  This is a total projected funding level of $10,650 $11,232 excluding revenues of local bond issues.
     In Fiscal Year 2008-09 2009-10, the York School District 4 total pupil count is projected to be 9,574 10,187.  The per pupil funding is projected to be $3,996 $3,666 state, $428 $404 federal, and $6,115 6,771 local.  This is a total projected funding level of $10,539 $10,840 excluding revenues of local bond issues.
     1.3A.      (SDE: South Carolina Public Charter School District Funding)  DELETED
     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.      (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.
     1.22.      (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.
     1.23.      (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.
     1.24.      (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.
     1.25.      (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.
     1.26.      (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.
     1.27.      (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 statewide accountability assessment.
     1.28.      (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.
     1.29.      (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.
     1.30.      (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.
     1.31.      (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.
     1.32.      (SDE: Buses, Parts, and/or Fuel)  Funds appropriated for other operating in program IX.B. - Bus Shops and funds appropriated in IX.C. - Buses 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.  However, in the event of an emergency fuel situation, and only to the extent necessary, the department is authorized to use appropriated funds in Part IA, IX.C. for fuel expenditures.  All funds appropriated for bus fuel, parts/supplies, maintenance, and bus purchases may be carried forward from the prior fiscal year and expended in FY 2009-10 to support bus transportation services.
     1.33.      (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.
     1.34.      (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.
     1.35.      (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.
     1.36.      (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.
     1.37.      (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.
     1.38.      (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.
     1.39.      (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.
     1.40.      (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.
     1.41.      (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.
     1.42.      (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.
     1.43.      (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 and expend funds among appropriated state general fund revenues, Education Improvement Act funds, Education Lottery Act funds, and funds received from the Children's Education Endowment Fund for school facilities and fixed equipment assistance, to ensure the delivery of academic and arts instruction to students.  However, a school district may not transfer funds required for debt service or bonded indebtedness.
     All school districts and special schools of this State may suspend professional staffing ratios and expenditure regulations and guidelines at the sub-function and service area level, except for four-year old programs.
     In order for a school district to take advantage of the flexibility provisions, at least sixty-five percent of the school district's per pupil expenditures must be utilized within the In$ite categories of instruction, instructional support, and non-instruction pupil services.  No portion of the sixty-five percent may be used for business services, debt service, capital outlay, program management, and leadership services, as defined by In$ite.  The school district shall report to the Department of Education the actual percentage of its per pupil expenditures used for classroom instruction, instructional support, and non-instruction pupil services for the school year ending June 30, 2010.
     "In$ite" means the financial analysis model for education programs utilized by the Department of Education.
     School districts are encouraged to reduce expenditures by means, including, but not limited to, limiting the number of low enrollment courses, reducing travel for the staff and the school district's board, reducing and limiting activities requiring dues and memberships, reducing transportation costs for extracurricular and academic competitions, and expanding virtual 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.
     Quarterly throughout the 2009-10 fiscal year, the chairman of each school district's board and the superintendent of each school district must certify where non-instructional or non-essential programs have been suspended and the specific flexibility actions taken.  The certification must be in writing, signed by the chairman and the superintendent, delivered electronically to the State Superintendent of Education, and an electronic copy forwarded to the Chairman of the Senate Finance Committee, the Chairman of the Senate Education Committee, the Chairman of the House Ways and Means Committee, and the Chairman of the House Education and Public Works Committee.  Additionally, the certification must be presented publicly at a regularly called school board meeting, and the certification must be posted on the internet website maintained by the school district.
     For Fiscal Year 2008-2009 2009-10, Section 59-21-1030 is suspended.
     Formative assessments for grades one, two, and nine, the foreign language program assessment, and the physical education assessment must be suspended.  New textbook adoptions may be suspended.  Nothing in this provision suspends, amends, modifies, or otherwise authorizes changes in the manner in which textbooks are purchased.  School districts and the Department of Education are granted permission to purchase the most economical type of bus fuel.
     School districts must maintain a transaction register that includes a complete record of all funds expended over one hundred dollars, from whatever source, for whatever purpose.  The register must be prominently posted on the district's internet website and made available for public viewing and downloading.  The register must include for each expenditure:
           (i)            the transaction amount;
           (ii)      the name of the payee; and
           (iii)      a statement providing a detailed description of the expenditure.
The register must not include an entry for salary, wages, or other compensation paid to individual employees.  The register must not include any information that can be used to identify an individual employee.  The register must be accompanied by a complete explanation of any codes or acronyms used to identify a payee or an expenditure.  The register must be searchable and updated at least once a month.
     Each school district must also maintain on its internet website a copy of each monthly statement for all of the credit cards maintained by the entity, including credit cards issued to its officers or employees for official use.  The credit card number on each statement must be redacted prior to posting on the internet website.  Each credit card statement must be posted not later than the thirtieth day after the first date that any portion of the balance due as shown on the statement is paid.
     The Comptroller General must establish and maintain a website to contain the information required by this section from a school district that does not maintain its own internet website.  The internet website must be organized so that the public can differentiate between the school districts and search for the information they are seeking.
     School districts that do not maintain an internet website must transmit all information required by this provision to the Comptroller General in a manner and at a time determined by the Comptroller General to be included on the internet website.
     The Comptroller General shall distribute to the districts a methodology and resources for compliance.  If a district complies with the methodology, it shall be reimbursed for any documented expenses incurred as a result of compliance.  Reimbursement must be from the budget of the Comptroller General.
     The provisions contained herein do not amend, suspend, supersede, replace, revoke, restrict, or otherwise affect Chapter 4, Title 30, the South Carolina Freedom of Information Act.
     1.44.      (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.
     1.45.      (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.
     1.46.      (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.
     1.47.      (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.
     1.48.      (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 beginning July 1 in the year following the year of achieving certification, beginning with 2009 applicants.  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.  Up to eleven hundred loan applications shall be processed annually.  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.  Funds collected from educators who are in default of the National Board loan shall be retained and carried forward for National Board purposes.  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-risk 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 at-risk 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 at risk.
     1.49.      (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.
     1.50.      (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 instructional personnel may be furloughed for up to five non-instructional days if not prohibited by an applicable employment contract with the district and provided district administrators are furloughed for twice the number of days.  District administrators may only be furloughed on non-instructional days and 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.
     1.51.      (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.
     1.52.      (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.
     1.53.      (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.
     1.54.      (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.
     1.55.      (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.
     1.56.      (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.
     1.57.      (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.
     1.58.      (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.
     1.59.      (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.
     1.60.      (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.
     1.61.      (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.
     1.62.      (SDE: Child Development Education Pilot Program)  There is created the South Carolina Child Development Education Pilot Program (CDEPP).  This program shall be available for the 2008-2009 2009-10 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 2009-10 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 and then expanded to eligible children residing in school districts with a poverty index of 90% or greater.  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 2010.  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.  Providers may request waivers to the ECD 101 requirement for those assistants who have demonstrated sufficient experience in teaching children 5 years old and younger.  The providers must request this waiver in writing to their designated administrative agency (First Steps or the Department of Education) and provide appropriate documentation as to the qualifications of the teaching assistant.
     (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 2009-10 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.  Providers enrolling between one and six eligible children shall be eligible to receive up to $1,000 per child in materials and equipment grant funding, with providers enrolling seven or more such children eligible for grants not to exceed $10,000.  Providers receiving equipment grants are expected to participate in the program and provide high-quality, center-based programs as defined herein for a minimum of three years.  Failure to participate for three years will require the provider to return a portion of the equipment allocation at a level determined by the Department of Education and the Office of First Steps to School Readiness.  Funding of up to two thousand five hundred dollars may be provided annually for the procurement of consumable and other materials in established classrooms.  Funding to providers is contingent upon receipt of data as requested by the Department of Education and the Office of First Steps.
     (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 2010.  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 Office of First Steps will include in its triennial external evaluation pursuant to Section 59-152-160 of the 1976 Code, fiscal and management questions as provided by the Education Oversight Committee.
     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 based on data collected triennially.  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.  The 2010 evaluation will also include the following:  (1) a determination of the factors including policy issues, leadership characteristics and community concerns that led to substantial increases in the number of CDEPP participants served in specific districts and counties; (2) a determination of the factors that influence the continuity of CDEPP student enrollment across the full 180-day program and policy or programmatic changes needed to assure that CDEPP participants fully benefit from the program; (3) a determination of how many private childcare center teachers are pursuing a four-year degree and the barriers incurred in obtaining the degree; and (4) a review of any formalized plan or evaluation data to assess the quality and impact of professional development and training provided by the Office of First Steps and the Department of Education to CDEPP teachers.
     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.
     1.63.      (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.
     1.64.      (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.
     1.65.      (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.
     1.66.      (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.
     1.67.      (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.
     1.68.      (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.
     1.69.      (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.
     1.70.      (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.
     1.71.      (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 and associated professional development.  For Fiscal Year 2008-09 2009-10, the department may field test the revised physical education assessment.
     1.72.      (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.
     1.73.      (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.
     1.74.      (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.
     1.75.      (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 for new charter schools opening in the current fiscal year.  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.
     1.76.      (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.
     1.77.      (SDE: Residential Treatment Facilities Student Enrollment and Funding)  Each South Carolina resident of lawful school age residing in licensed residential treatment facilities (RTFs) for children and adolescents as defined under Section 44-7-130 of the 1976 Code, ("students") shall be entitled to receive educational services from the school district in which the RTF is located ("facility school district").  The responsibility for providing appropriate educational programs and services for these students, both with and without disabilities, who are referred or placed by the State is vested in the facility school districts.
     A facility school district must provide the necessary educational programs and services directly to the student at the RTF's facility, provided that the RTF facility provides and maintains adequate space for the educational programs and services consistent with the least restrictive environment requirements.  Under these circumstances, the facility school district may choose to enroll the student and assume full legal and financial responsibility for the educational services, or it may choose to provide the educational services and serve as the educational and fiscal agent of the school district in which the student's legal guardian resides ("resident school district") for purposes of enrolling the student, approving the student's entry into a medical homebound instructional program, if appropriate, and receiving and expending funds, unless the resident school district undertakes to carry out its educational responsibilities for the student directly.
     Alternatively, a facility school district may choose to provide the necessary educational programs and services by contracting with the RTF provided that the RTF agrees to provide educational services to the student at the RTF's facility.  Under these circumstances, the facility school district must enroll the student and pay the RTF for the educational services provided.
     The State shall appropriate 100 percent of the base student cost to provide for the education of the students referred or placed by the State in an RTF.  The facility school districts are entitled to receive the base student cost multiplied by the appropriate Education Finance Act pupil weighting, as set forth in Section 59-20-40 of the 1976 Code and any eligible federal funds.  These funds may be retained by the facility school districts for the purpose of providing the educational programs and services directly to students referred or placed by the State or the facility school districts may use these funds to reimburse RTF's for the educational programs and services provided directly by the RTFs.  A facility school district is entitled to reimbursement from a resident school district for the difference between (1) the reasonable costs expended for the educational services provided directly by the facility school district or the amount paid to the RTF and (2) the aggregate amount of federal and state funding received by the facility school district for that student.
     All students enrolled in the facility school districts shall have access to the facility school districts' general education curriculum, which will be tied to the South Carolina academic standards in the core content areas.  All students with disabilities who are eligible for special education and related services under the Individuals with Disabilities Education Act (IDEA), as amended, and the State Board of Education (SBE) regulations, as amended, shall receive special education and related services in the least restrictive environment by appropriately certified personnel.  Students in an RTF will at all times be eligible to receive the educational credits (e.g., Carnegie Units) earned through their educational efforts.
     With respect to students enrolled in the facility school districts, for accountability purposes, the assessment and accountability measures for students residing in RTFs shall be attributed to a specific school only if the child physically attends the school.  All assessment and accountability measures of students not physically attending a specific school shall be disaggregated and reported separately in the facility school districts' accountability calculations.
     RTFs shall notify the facility school district as soon as practical, and before admission to the RTF if practical, of a student's admission to the RTF.  RTFs, the facility school districts and the Department of Education shall use their best efforts to secure and/or exchange information, including documents and records necessary to provide appropriate educational services and/or related services as necessary to assist the facility school district in determining the resident school district.
     1.78.      (SDE: Transparency)  The department must publish a link on its homepage to a listing of all programs funded during the current fiscal year with Federal Stimulus Funds to include program name, location, starting date, funding level and contact person with telephone number.  This listing must be updated monthly to allow the public to easily identify how these funds are being used.
     1.79.      (SDE: Prohibit Use of ARRA for Administration)  The department and school districts are prohibited from using funds received from the American Recovery and Reinvestment Act of 2009 for state department or school district administrative salary increases, bonuses, retirement incentives, or severance packages.  The department shall provide to the General Assembly a list of federal stimulus expenditures.
     1.80.      (SDE: Special Schools Flexibility)  For Fiscal Year 2009-10 the special schools are authorized to transfer funds among funding categories, including capital funds.
     1.81.      (SDE: Governor's Schools and South Carolina School for the Deaf and Blind BSC)  DELETED

SECTION 1A - H63 - DEPARTMENT OF EDUCATION-EIA

     1A.1.      (SDE-EIA: XI-Prohibition on Appropriation Transfers)  The amounts appropriated herein for aid to subdivisions or allocations to school districts shall not be transferred or reduced and must be expended in accordance with the intent of the appropriation.  However, transfers are authorized from allocations to school districts or special line items with projected year-end excess appropriations above requirements, to allocations to school districts or special line items with projected deficits in appropriations.
     1A.2.      (SDE-EIA: XI.A.1-Advanced Placement)  Of the funds appropriated in Part IA, Section 1, XI.A.1. for Advanced Placement, no more than $500,000 must be made available on a flat rate per class basis to schools offering "singleton" Advanced Placement classes with a student/teacher ratio equal to or less than ten to one.  The State Board of Education shall develop guidelines for the distribution of these "singleton" funds.  The remaining AP funds must be distributed to the school districts of the state based upon the 135 day count of AP students served.  AP funds may be used to defray the testing costs of the International Baccalaureate Program which are incurred by school districts at the same per-test reimbursement rate provided for Advanced Placement examinations.  High schools may receive funding for the allowable costs associated with ninth and tenth grade students taking Advanced Placement courses.  Funds provided for Advanced Placement may be carried forward into the current fiscal year to be expended for the same purpose.
     1A.3.      (SDE-EIA: XI.A-Gifted & Talented)  Notwithstanding the provisions for Section 59-29-170, at least twelve percent (12%) of the total state dollars appropriated annually for gifted and talented programs shall be set aside for serving artistically gifted and talented students in grades 3-12.  School districts shall service students identified as artistically gifted and talented by utilizing approved state guidelines in one or more of the following visual and performing arts areas: dance, drama, music and visual arts areas.  Districts may contract with other entities to provide services to students identified as artistically gifted and talented if personnel or facilities are not available in the school district for that service.  Of the remaining state dollars appropriated for gifted and talented programs, not more than $1,000,000 may be used to provide testing and teacher training.  Each district receiving funds for the gifted and talented program shall include an accelerated component as a part of its academically gifted and talented program.  EIA-Gifted and Talented funds may be carried forward and expended for the same purpose in the current fiscal year.
     1A.4.      (SDE-EIA: XI.A.1 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.5.      (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.6.      (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.7.      (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.8.      (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.9.      (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.10.      (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.11.      (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.12.      (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.13.      (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.14.      (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.15.      (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.16.      (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.17.      (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 $48,172.  It is the intent of the General Assembly to exceed the Southeastern average teacher salary as projected by $300.  The statewide minimum teacher salary schedule used in Fiscal Year 2008-09 will continue to be used in Fiscal Year 2009-10.  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.18.      (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.19.      (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.20.      (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.21.      (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 50% 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 25%.  Provided further, for the current fiscal year, $100,000 25% 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.  These entities shall pursue grants and contracts to supplement state appropriations.
     1A.22.      (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 92% to the Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) for a state teacher recruitment program, of which $4,200,000 78% must be used for the Teaching Fellows Program specifically to provide scholarships for future teachers, and of which 22% must be used for other aspects of the state teacher recruitment program, including the Teacher Cadet Program and of which $166,302 which must be used for specific programs to recruit minority teachers,: and shall distribute $467,000 8% 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 At-Risk 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.23.      (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.24.      (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.25.      (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.26.      (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 beginning July 1 in the year following the year of achieving certification, beginning with 2009 applicants.  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.  Up to eleven hundred loan applications shall be processed annually.  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.  Funds collected from educators who are in default of the National Board loan shall be retained and carried forward for National Board purposes.  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-risk 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 at-risk 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 at risk.
     1A.27.      (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.28.      (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.29.      (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.30.      (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.31.      (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.32.      (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.33.      (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.34.      (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.35.      (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.36.      (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.37.      (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.38.      (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.39.      (SDE-EIA: Technical Assistance)  In order to best meet the needs of low-performing underperforming schools, funds appropriated for technical assistance to schools with an absolute rating of below average or unsatisfactory at-risk on the most recent annual school report card must be allocated accordingly according to the severity of not meeting report card criteria.
     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 or at-risk must develop and 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 outlining how technical assistance allocations will be utilized and goals for improvements will be obtained.  Each allocation must address specific strategies designed to increase student achievement and must include measures to evaluate success.  The school renewal plan may include expenditures for recruitment incentives for faculty and staff, performance incentives for faculty and staff, assistance with curriculum and test score analysis, professional development activities based on curriculum and test score analysis that may include daily stipends if delivered on days outside of required contract days.  School expenditures shall be monitored by the Department of Education.  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 or at-risk in designing and implementing technical assistance 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 student academic achievement and the expenditure of technical assistance funds in schools receiving these funds and report their findings 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 department 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 the principal of the school or the district superintendent may be subject to receiving a public reprimand by the State Board of Education if it is determined that those individuals are responsible for the failure to provide the required information.
     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.
     The department shall coordinate with and monitor the services provided by the School Improvement Council Assistance and the Writing Improvement Network to the schools.  Based on criteria jointly determined by the department and the Education Oversight Committee, the School Improvement Council Assistance and the Writing Improvement Network must submit external evaluations to the Education Oversight Committee at least once every three years.
     No more than five percent of the total amount appropriated for technical assistance services to schools with an absolute rating of below average or at-risk may be retained and expended by the department for implementation and delivery of technical assistance services.  Using previous report card data, the department shall identify priority schools.  Up to $13,000,000 of the total funds appropriated for technical assistance shall be used by the department to work with those schools identified as priority schools.
     The department will create a system of levels of technical assistance for schools that will receive technical assistance funds.  The levels will be determined by the severity of not meeting report card criteria.  The levels of technical assistance may include a per student allocation, placement of a principal mentor, replacement of the principal, and/or reconstitution of a school.
     Reconstitution means the redesign or reorganization of the school, which includes the declaration that all positions in the school are considered vacant.  Certified staff currently employed in priority schools must undergo a formal evaluation in the spring following the school's identification as a priority school and must meet determined goals to be rehired and continue their employment at that school.  Student achievement will be considered as a significant factor when determining whether to rehire existing staff.  Educators who were employed at a school that is being reconstituted prior to the effective date of this proviso and to whom the employment and dismissal laws apply will not lose their rights in the reconstitution.  If they are not rehired or are not assigned to another school in the school district they have the opportunity for a hearing.  However, employment and dismissal laws shall not apply to educators who are employed in the district and assigned to the priority schools after the effective date of this proviso, in the event of a reconstitution of the school in which the educator is employed.  Those rights are only suspended in the event of a reconstitution of the entire school staff.  Additionally, the rights and requirements of the employment and dismissal laws do not apply to educators who are currently on an induction or annual contract, that subsequently are offered continuing contract status after the effective date of this proviso, and are employed at a school that is subject to reconstitution under this proviso.
     The reconstitution of a school could take place if the school has been identified as a priority school that has failed to improve satisfactorily.  The decision to reconstitute a school shall be made by the State Superintendent of Education in consultation with the principal and/or principal mentor, the school board of trustees, and the district superintendent.  The decision to reconstitute a school shall be made by April 1, at which time notice shall be given to all employees of the school.  The department, in consultation with the principal and district superintendent, shall develop a staffing plan, recruitment and performance bonuses, and a budget for each reconstituted school.
     Upon approval of the school renewal plans by the department and the State Board of Education, a newly identified school or a currently identified school with an absolute rating of below average or at-risk on the report card will receive a base amount and a per pupil allocation based on the previous year's average daily membership as determined by the annual budget appropriation.  No more than fifteen percent of funds not expended in the prior fiscal year may be carried forward and expended in the current fiscal year for strategies outlined in the school's renewal plan.  Schools must use technical assistance funds to augment or increase, not to replace or supplant local or state revenues that would have been used if the technical assistance funds had not been available.  Schools must use technical assistance funds only to supplement, and to the extent practical, increase the level of funds available from other revenue sources.
     1A.40.      (SDE-EIA: Proviso Allocations)  The State In the event an official EIA revenue shortfall is declared by the Board of Economic Advisors, the 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 in accordance with the lower Board of Economic Advisors revenue estimate as directed by the Office of State Budget.  No allocation for teacher salaries shall be reduced as a result of this proviso.
     1A.41.      (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 and expend funds among appropriated state general fund revenues, Education Improvement Act funds, Education Lottery Act funds, and funds received from the Children's Education Endowment Fund for school facilities and fixed equipment assistance, to ensure the delivery of academic and arts instruction to students.  However, a school district may not transfer funds required for debt service or bonded indebtedness.
     All school districts and special schools of this State may suspend professional staffing ratios and expenditure regulations and guidelines at the sub-function and service area level, except for four-year old programs.
     In order for a school district to take advantage of the flexibility provisions, at least sixty-five percent of the school district's per pupil expenditures must be utilized within the In$ite categories of instruction, instructional support, and non-instruction pupil services.  No portion of the sixty-five percent may be used for business services, debt service, capital outlay, program management, and leadership services, as defined by In$ite.  The school district shall report to the Department of Education the actual percentage of its per pupil expenditures used for classroom instruction, instructional support, and non-instruction pupil services for the school year ending June 30, 2010.
     "In$ite" means the financial analysis model for education programs utilized by the Department of Education.
     School districts are encouraged to reduce expenditures by means, including, but not limited to, limiting the number of low enrollment courses, reducing travel for the staff and the school district's board, reducing and limiting activities requiring dues and memberships, reducing transportation costs for extracurricular and academic competitions, and expanding virtual 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.
     Quarterly throughout the 2009-10 fiscal year, the chairman of each school district's board and the superintendent of each school district must certify where non-instructional or non-essential programs have been suspended and the specific flexibility actions taken.  The certification must be in writing, signed by the chairman and the superintendent, delivered electronically to the State Superintendent of Education, and an electronic copy forwarded to the Chairman of the Senate Finance Committee, the Chairman of the Senate Education Committee, the Chairman of the House Ways and Means Committee, and the Chairman of the House Education and Public Works Committee.  Additionally, the certification must be presented publicly at a regularly called school board meeting, and the certification must be posted on the internet website maintained by the school district.
     For Fiscal Year 2008-2009 2009-10, Section 59-21-1030 is suspended.
     Formative assessments for grades one, two, and nine, the foreign language program assessment, and the physical education assessment must be suspended.  New textbook adoptions may be suspended.  Nothing in this provision suspends, amends, modifies, or otherwise authorizes changes in the manner in which textbooks are purchased.  School districts and the Department of Education are granted permission to purchase the most economical type of bus fuel.
     School districts must maintain a transaction register that includes a complete record of all funds expended over one hundred dollars, from whatever source, for whatever purpose.  The register must be prominently posted on the district's internet website and made available for public viewing and downloading.  The register must include for each expenditure:
           (i)            the transaction amount;
           (ii)      the name of the payee; and
           (iii)      a statement providing a detailed description of the expenditure.
The register must not include an entry for salary, wages, or other compensation paid to individual employees.  The register must not include any information that can be used to identify an individual employee.  The register must be accompanied by a complete explanation of any codes or acronyms used to identify a payee or an expenditure.  The register must be searchable and updated at least once a month.
     Each school district must also maintain on its internet website a copy of each monthly statement for all of the credit cards maintained by the entity, including credit cards issued to its officers or employees for official use.  The credit card number on each statement must be redacted prior to posting on the internet website.  Each credit card statement must be posted not later than the thirtieth day after the first date that any portion of the balance due as shown on the statement is paid.
     The Comptroller General must establish and maintain a website to contain the information required by this section from a school district that does not maintain its own internet website.  The internet website must be organized so that the public can differentiate between the school districts and search for the information they are seeking.
     School districts that do not maintain an internet website must transmit all information required by this provision to the Comptroller General in a manner and at a time determined by the Comptroller General to be included on the internet website.
     The Comptroller General shall distribute to the districts a methodology and resources for compliance.  If a district complies with the methodology, it shall be reimbursed for any documented expenses incurred as a result of compliance.  Reimbursement must be from the budget of the Comptroller General.
     The provisions contained herein do not amend, suspend, supersede, replace, revoke, restrict, or otherwise affect Chapter 4, Title 30, the South Carolina Freedom of Information Act.
     1A.42.      (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.43.      (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.44.      (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.45.      (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.46.      (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.47.      (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 statewide accountability assessment.
     1A.48.      (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.49.      (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.50.      (SDE-EIA: Early Childhood Review)  From the funds appropriated for EIA Four-Year-Old Early Childhood, the Department of Education shall utilize up to $300,000 to institute a plan for reviewing, on a district basis, early childhood assets of schools and districts based on 4K entry DIAL 3 scores, and South Carolina Readiness Assessment Reports.  To accomplish this, the department shall use reports that analyze program assets and provide guidance to local schools on the effective use of the reports to enhance quality gaps.  Children will be tracked from early childhood programs to fifth grade and beyond to study the relationships of strong early childhood programs and increased performance on PACT, decreased drop out scores, decreased referral for special education programs, and increased graduation rates.  This review may not be used as a part of the EAA Report Card for the current fiscal year.
     1A.51.      (SDE-EIA: Credits High School Diploma Distribution)  The funds appropriated for Raise Academic Standards-Credits High School Diploma shall be distributed to the school districts of the state based upon the 135 day count of Average Daily Membership.
     1A.52.      (SDE-EIA: Report Card Information)  The percentage each school district expended on classroom instruction as defined by the Department of Education's In$ite classification for "Instruction" must be printed on the Annual School and District Report Card.
     1A.53.      (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.54.      (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.55.      (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.56.      (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.
     1A.57.      (SDE-EIA: EIA Matching Requirement)  DELETED
     1A.58.      (SDE-EIA: One Year Suspension of EIA Programs)  The following programs funded with EIA revenues will be temporarily suspended for Fiscal Year 2009-10 and funds appropriated to these programs allocated to teacher salaries and fringe benefits, National Board Certification Incentive salary supplements, teacher supplies, Science PLUS, and the Teaching Fellows Program administered by CERRA to hold the funding level to maintain fellowships for existing cohorts of participants in the Teacher Fellows Program:  competitive teacher grants, Palmetto Gold and Silver program and external review teams.  Schools will still be recognized as Palmetto Gold and Silver recipients in 2009-10 but will not receive financial compensation.
     1A.59.      (SDE-EIA: 4K Targeting)  EIA funds allocated for the provision of four-year-old kindergarten shall be utilized for the provision of services to age-eligible children qualifying for free or reduced-price lunch or Medicaid or documented developmental delays.  In the event that more students seek to enroll than available space permits, students shall be prioritized (at the time of acceptance) on the basis of family income expressed as a percentage of the federal poverty guidelines, with the lowest family incomes given highest enrollment priority.
     1A.60.      (SDE-EIA: Reading)  Of the funds appropriated for reading, the Department of Education must allocate a minimum of twenty-five percent of these funds to school districts based on the number of weighted pupil units in each school district in proportion to the statewide weighted pupil units using the 135 day count of the prior school year.  Districts must expend the funds on teaching teachers how to teach reading at all levels and across all content areas.  The remaining funds are retained by the Department of Education to implement a comprehensive plan to improve reading, including the use of Reading Recovery and other reading initiatives and to increase the number of students scoring at met and exemplary levels on state assessments.
     1A.61.      (SDE-EIA: Artistically and Academically High-Achieving Students)  EIA funds appropriated for high achieving students must be allocated to districts based on two factors:  (1) the number of students served in academic gifted and talented programs based on the prior year's 135-day count of average daily membership adjusted for the current year's 45-day count and the number of students identified as artistically gifted and talented; and (2) the number of students taking Advanced Placement or International Baccalaureate (IB) exams in the prior year.  At least eighty-five percent of the funds appropriated for each student classified herein must be spent for instruction and instructional support for students who generated the funds. Up to $500,000 of the funds may be retained by the Department of Education for teacher endorsement activities.  Twelve percent of the funds shall be set-aside for serving artistically gifted and talented students in grades 3-12.
     Endorsement criteria established by the State Board of Education for teachers assigned to teach gifted and talented and advanced placement classes shall be suspended for the 2009-10 school year.
     1A.62.      (SDE-EIA: Students at Risk of School Failure)  For Fiscal Year 2009-10, EIA funds appropriated for students at academic risk of school failure, which include funds for Act 135 Academic Assistance, summer school, reduce class size, alternative schools, parent support and family literacy, must be allocated to school districts based two factors: (1) the poverty index of the district as documented on the most recent district report card, which measures student eligibility for the free or reduced price lunch program and Medicaid; and (2) the number of students not in poverty or eligible for Medicaid but who fail to meet state standards on state standards-based assessments in either reading or mathematics. At least eighty-five percent of the funds allocated for students classified as at academic risk must be spent on instruction and instructional support for these students who generated the funds. Instructional support may include family literacy and parenting programs to students at-risk for school failure and their families.  Students at academic risk are defined as students who are at risk of not graduating from high school because they failed either the English language arts or mathematics portion of the High School Assessment Program on first attempt and who score not met on grades 3 through 8 in reading and mathematics state assessments.  Public charter schools, the Palmetto Unified School District, and the Department of Juvenile Justice must also receive a proportionate per pupil allocation based on the number of students at academic risk of school failure served.
     1A.63.      (SDE-EIA: Professional Development)  EIA funds appropriated for professional development must be allocated to districts based on the number of weighted pupil units in each school district in proportion to the statewide weighted pupil units using the 135 day count of the prior school year.  The funds must be expended on professional development for certificated instructional and instructional leadership personnel in grades kindergarten through 12 across all content areas, including teaching in and through the arts.  No more than twenty-five percent of the funds appropriated for professional development may be retained by the Department of Education for the administration and provision of professional development services.  The Department of Education must provide professional development on assessing student mastery of the content standards through classroom, formative and end-of-year assessments.  The Department of Education also must post on the agency's Web site the South Carolina Professional Development Standards and provide training through telecommunication methods to school leadership on the professional development standards.
     1A.64.      (SDE-EIA: Report Card Advertisement)  DELETED
     1A.65.      (SDE-EIA: Assessments-Gifted & Talented, Advanced Placement, & International Baccalaureate Exams)  Of the funds appropriated and/or authorized for assessment, up to $2,455,000 shall be used for assessments to determine eligibility of students for gifted and talented programs and for the cost of Advanced Placement and International Baccalaureate exams.
     1A.66.      (SDE-EIA: Statewide Student Information System)  Contingent on the availability of a Fiscal Year 2008-09 end of year EIA cash balance the department is authorized in Fiscal Year 2009-10 to utilize up to $5,000,000 for the costs related to the conversion, implementation, support, maintenance, and training activities for state, school district, and school users for the statewide student information system essential for sustaining accountability and transparency.

SECTION 2 - H66 - LOTTERY EXPENDITURE ACCOUNT

     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.      (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      $      85,256,682;
           (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)      South Carolina State University      $      2,500,000;
           (9)      Technology--Public 4-Year Universities, 2-Year Institutions, and State Technical Colleges      $      3,600,000;
           (10)      Department of Education--K-5 Reading, Math, Science & Social Studies Program as
                             provided in Section 59-1-525      $      47,614,527;
           (11)      Department of Education--Grades 6-8 Reading, Math, Science & Social Studies Program      $      2,000,000;
           (12)      Commission on Higher Education--Higher Education Excellence Enhancement Program      $      4,700,000;      and
           (13)      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.
     2.7.      (LEA: FY 09-10 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 2009-10 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      $      85,256,682;
           (3)      Commission on Higher Education--HOPE Scholarships as provided in Section 59-150-370      $      7,823,474;
           (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)      South Carolina State University      $      2,500,000;
           (9)      Technology--Public 4-Year Universities, 2-Year Institutions, and State Technical Colleges      $      3,852,636;
           (10)      Department of Education--K-5 Reading, Math, Science & Social Studies Program as
                             provided in Section 59-1-525      $      41,891,798;
           (11)      Department of Education--Grades 6-8 Reading, Math, Science & Social Studies Program      $      2,000,000;
           (12)      Commission on Higher Education--Higher Education Excellence Enhancement Program      $      4,700,000;      and
           (13)      School for the Deaf and the Blind--Technology Replacement      $      200,000.
     Fiscal Year 2009-10 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.
     Of the funds appropriated to South Carolina State University, $250,000 may be used for the BRIDGE Program.
     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 2009-10 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 2009-10 are fully funded.
     If the lottery revenue received for Fiscal Year 2009-10 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 2009-10, $8,400,000 certified from unclaimed prizes shall be appropriated as follows:  $5,722,729 to the Department of Education for K-5 Reading, Math, Science & Social Studies Program as provided in Section 59-1-525 and $2,677,271 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 $2,000,000 shall be directed to the State Board for Technical and Comprehensive Education for the CATT/ReadySC Program.  The next $4,000,000 shall be directed to the State Board for Technical and Comprehensive Education for the Allied Health Initiative.  The next $5,470,093 shall be directed for Technology:  Public 4-Year Universities, 2-Year Institutions, and State Technical Colleges.  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 LIFE, Palmetto Fellows, and HOPE scholarships.
     Notwithstanding the provisions of Section 59-150-355 of the 1976 Code or any other provision of law, the Budget and Control Board may distribute funds from the Education Lottery Account on a monthly basis during the final quarter of the fiscal year.

SECTION 3 - H71 - WIL LOU GRAY OPPORTUNITY SCHOOL

     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.
     3.7.      (WLG: USDA Federal Grants)  All revenues generated from U.S.D.A. federal grants may be retained and expended by the school in accordance with Federal regulations for the purpose of covering actual expenses in the cafeteria/food service operations of the school.
     3.8.      (WLG: By-Products Revenue Carry Forward)  The Wil Lou Gray Opportunity School 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.

SECTION 4 - H75 - SCHOOL FOR THE DEAF AND THE BLIND

     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.  For Fiscal Year 2009-10, the school is authorized to use the retained revenue from the sale of donated property for educational and other operating purposes.
     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 and subject to the availability of these funds, 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.
     4.14.      (SDB: Operating Expenses)  Unexpended funds appropriated by proviso 73.12 of Act 117 of 2007 to the School for the Deaf and the Blind may be carried forward into the current fiscal year and used for educational and other operating expenses.

SECTION 5 - L12 - JOHN DE LA HOWE SCHOOL

     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.
     5.4.      (JDLHS: Deferred Salaries Carried Forward)  John de la Howe School is authorized to carry forward into the current fiscal year the amount of 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.

SECTION 6 - H03 - COMMISSION ON HIGHER EDUCATION

     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.      (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.
     6.11.      (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.
     6.12.      (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.
     6.13.      (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.
     6.14.      (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.
     6.15.      (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.
     6.16.      (CHE: Excellence Enhancement Program Additions)  Converse College and Columbia College shall be eligible to receive funds under the Higher Education Excellence Enhancement Program.
     6.17.      (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.
     6.18.      (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.
     6.19.      (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.
     6.20.      (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.
     6.21.      (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.
     6.22.      (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 a smaller proportion of funding than would be provided under the student enrollment methodology used in FY 2007-08 past years.
     6.23.      (CHE: Tuition Age)  For Fiscal Year 2008-2009 2009-10, the age limitation for those children of certain war veterans who may be admitted to any state-supported college, university, or post high school technical education institution free of tuition is suspended for eligible children that successfully appeal the Division of Veterans Affairs on the grounds of a serious extenuating health condition.
     6.24.      (CHE: Mandatory Furlough)  In a fiscal year in which the general funds appropriated for an institution of higher learning are less than the general funds appropriated for that institution in the prior fiscal year, or whenever the General Assembly or the Budget and Control Board implements a midyear across-the-board budget reduction, agency heads for institutions of higher learning and the State Board for Technical and Comprehensive Education through policy and procedure for the Technical College System may institute employee furlough programs of not more than twenty working days in the fiscal year in which the deficit is projected to occur.  The furlough must be inclusive of all employees in an agency or within a designated department or program regardless of source of funds, place of work, or tenure status, and must include employees in classified positions and unclassified positions as well as agency heads.  A furlough program may also be implemented by pay band for classified employees and by pay rate for unclassified employees.  Law enforcement, employees who provide direct patient or client care, and front-line employees who deliver direct customer services may be exempted from a mandatory furlough.  If the furlough includes the entire agency, the furlough must include the agency head.  Scheduling of furlough days, or portions of days, shall be at the discretion of the agency or individual institution.  In the event that an agency implements both a voluntary furlough program and a mandatory furlough program during the fiscal year, furlough days taken voluntarily will count toward furlough days required by the mandatory furlough.  During this furlough, affected employees shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries.  As to those benefits which require employer and employee contributions, including but not limited to contributions to the South Carolina Retirement System or the optional retirement program, institutions will be responsible for making both employer and employee contributions during the time of the furlough if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions.  Placement of an employee on furlough under this provision does not constitute a grievance or appeal under the State Employee Grievance Act.  In the event an institution's reduction is due solely to the General Assembly transferring or deleting a program, this provision does not apply.  The implementation of a furlough program authorized by this provision shall be on an institution by institution basis.  Agencies may allocate the employee's reduction in pay over the balance of the fiscal year for payroll purposes regardless of the pay period within which the furlough occurs if that employee is non-exempt under the provisions of the federal Fair Labor Standards Act.  State agencies shall report information regarding furloughs to the Office of Human Resources of the Budget and Control Board as requested.
     6.25.      (CHE: University Center of Greenville Funding Plan)  For the current fiscal year, the Board of the University Center of Greenville shall develop a plan by September 1, 2009, to address the annual operational funding needs of the University Center of Greenville.  This plan shall be implemented to address the funding needs for Fiscal Year 2009-10.  The plan may include a fee per credit hour assessed to institutions with students enrolled in the University Center of Greenville.  Revenues collected shall not exceed $1,100,000 for the current fiscal year.
     6.26.      (CHE: Religious Activities)  For Fiscal Year 2009-2010, state supported higher education institutions receiving Federal Stimulus Stabilization funds must continue to support, operate and maintain existing religious programs, instruction, and facilities used for religious activities.
     6.27.      (CHE: Scholarships Funded From Unclaimed Capital Credits)  For the current fiscal year, businesses identified in Section 27-18-30(C) of the 1976 Code who have contributed to a scholarship program at an institution of higher education in South Carolina from unclaimed capital credits for the last five consecutive years may continue to fund the scholarships for those students who were awarded scholarships prior to the 2009-2010 academic year, and such funds are exempt from the provisions of Section 27-18-30(C) provided that the reporting requirements of Section 27-18-180 are met.

SECTION 7 - H06 - HIGHER EDUCATION TUITION GRANTS COMMISSION

     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.

SECTION 9 - H12 - CLEMSON UNIVERSITY - EDUCATIONAL & GENERAL

     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.

SECTION 14 - H24 - SOUTH CAROLINA STATE UNIVERSITY

     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.

SECTION 15 - H45 - UNIVERSITY OF SOUTH CAROLINA

     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."
     15.7.      (USC: Branch Campuses Study)  DELETED

SECTION 17 - H54 - MEDICAL UNIVERSITY OF SOUTH CAROLINA

     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.
     17.4.      (MUSC: Preterm Birth Prevention)  For Fiscal Year 2009-10, the Medical University of South Carolina shall implement a preterm prevention case management program utilizing a disease management coordination network for the Medicaid fee for service population in the Low Country Perinatal Region.  The purpose of the program is to reduce premature births, neonatal morbidity and mortality, and the attendant costs for neonatal intensive care.  The Department of Health and Human Services shall provide administrative funding to the Medical University of South Carolina for the cost of this program.

SECTION 18 - H59 - STATE BOARD FOR TECHNICAL & COMPREHENSIVE EDUCATION

     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.      (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.
     18.5.      (TEC: Caterpillar Dealer Academy)  The area commission for the Florence-Darlington Technical College may waive the requirements of Chapter 112 of Title 59 for student participants in the Caterpillar Dealer Academy operated by Florence-Darlington Technical College.
     18.6.      (TEC: Financial and Human Resource Functions Consolidation Plan)  The State Board for Technical and Comprehensive Education is directed to develop a plan to consolidate financial and human resources functions, where possible, between like institutions of the state's technical college system.  This plan, including an estimate of the cost savings, must be submitted to the Chairman of the Senate Finance Committee and the House Ways and Means Committee no later than December 31, 2009.

SECTION 19 - H67 - EDUCATIONAL TELEVISION COMMISSION

     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.      (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.
     19.3.      (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 that the Broadband Service Commission established by 2008 Act 405 incurs 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 from all years combined.  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.  Budget and Control Board is authorized to recover actual expenses incurred to support the Broadband Service Commission from funds received by the State through any contract resulting from the Commission's activities.  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 2008-09 into Fiscal Year 2008-09 2009-10 unspent general fund appropriations in the maximum amount it may be required to expend in support of the commission and its activities.  Any unexpended funds must be transferred for use on the capitol complex.

SECTION 20 - H73 - DEPARTMENT OF VOCATIONAL REHABILITATION

     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.

SECTION 21 - J02 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

     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.  Further, the Department of Health and Human Services is authorized to maintain a restricted fund, on deposit with the State Treasurer, to be used to pay for liabilities and improvements related to enhancing accountability for future audits.  The restricted fund will derive from prior year program refunds.  The restricted fund shall not exceed one percent of the total appropriation authorization for the current year.  Amounts in excess of one percent will be remitted to the general fund.
     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.      (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.
     21.10.      (DHHS: Registration Fees)  The department is authorized to receive and expend registration fees for educational, training, and certification programs.
     21.11.      (DHHS: Chiropractic Services)  From the funds appropriated herein, the department is directed to provide coverage for medically necessary chiropractic services for Medicaid eligible recipients.
     21.12.      (DHHS: Generic Drugs)  With respect to prescriptions reimbursed through the South Carolina Medicaid Program, Medicaid recipients for whom the pharmaceuticals are intended are deemed to have consented to substitution of a less costly equivalent generic product which will result in a cost savings to the South Carolina Medicaid program.  Individual patient consent for substitution shall not be required.
     21.13.      (DHHS: Medically Fragile Children's Programs)  Children's Hospitals in South Carolina or their designee are authorized to be the only providers for the State of South Carolina for the Medically Fragile Children's Programs as defined by the Department of Health and Human Services.
     21.14.      (DHHS: Medicaid Eligibility/Promissory Note)  Except as provided below, any promissory note received by a Medicaid applicant or recipient or the spouse of a Medicaid applicant or recipient, after the enactment of this section, in exchange for assets which if retained by the applicant or recipient or his spouse would cause the applicant or recipient to be ineligible for Medicaid benefits, shall for Medicaid eligibility purposes be deemed to be fully negotiable under the laws of the State of South Carolina unless it contains language plainly stating that it is not transferable under any circumstances.  A promissory note will be considered valid for Medicaid purposes only if it is actuarially sound, requires monthly installments that fully amortize it over the life of the loan, and is free of any conditional or self-canceling clauses.
     21.15.      (DHHS: Fraud and Abuse Collections)  The Department of Health and Human Services may offset the administrative costs associated with controlling fraud and abuse.
     21.16.      (DHHS: Provider Reimbursement Rate Report)  The Department of Health and Human, in conjunction with the Office of Research and Statistics of the Budget and Control Board, shall prepare a report that compares the reimbursement rate of Medicaid providers to the reimbursement rate of the Medicare Program and the State Health Plan.  This report shall be completed by January 31, each year, and submitted to the Governor and the Chairmen of the Senate Finance and House Ways and Means Committees.
     21.17.      (DHHS: Medicaid Eligibility Transfer)  The South Carolina Department of Health and Human Services (DHHS) is hereby authorized to determine the eligibility of applicants for the South Carolina Medicaid Program.  Personnel of the Department of Social Services (DSS) engaged in this function full-time, and other DSS personnel engaged in this function who are identified by agreement of DSS and DHHS, are transferred to DHHS.  The governing authority of each county shall continue to provide office space and facility service for this function as they do for DSS functions under Section 43-3-65.
     21.18.      (DHHS: Prescription Reimbursement Payment Methodology)  The prescription dispensing fee for the current fiscal year is not less than $4.05 per prescription filled.  Prescription reimbursements must be the lowest of: the federal upper limit of payment or South Carolina maximum allowable cost (MAC) for the drug, if any, less 10% plus the current dispensing fee; the average wholesale price (AWP) less 10%; or the provider's usual and customary charge to the general public for the dispensed product.  The Department of Health and Human Services shall adjust the dispensing fee as necessary to offset any negative change in the federal reimbursement methodology from the prior fiscal year.  The department shall submit a report by January 31, of the current fiscal year to the Chairmen of the House Ways and Means Committee and the Senate Finance Committee summarizing any changes in the federal reimbursement methodology and the impact of the changes on the state prescription reimbursement payment.
     21.19.      (DHHS: Franchise Fees Suspension)  Franchise fees imposed on nursing home beds and enacted by the General Assembly during the 2002 session are suspended July 1, 2002.
     21.20.      (DHHS: Medicaid Monthly Maintenance Needs Allowance)  The Department of Health and Human Services, phased-in ratably over five years, shall conform South Carolina's State Medicaid Monthly Maintenance Needs Allowance to the most current maximum amounts authorized by the Federal Government.  The department may utilize, to the extent necessary, general funds appropriated to the agency in Part IA of this act to implement the provisions of this paragraph.
     21.21.      (DHHS: Medicaid Cost Savings Suggestion Award Program)  The department is authorized to provide cash or honorary awards to employees of Medicaid providers whose suggestion is adopted by the committee administering the Medicaid Cost Savings Suggestion Award Program that will result in savings of state or federal dollars.  Employees of the department are not eligible for cash awards.  The department is authorized to fund this program from revenue from third party liability collections.  The maximum amount of funds that may be used annually for the program is $20,000.
     21.22.      (DHHS: Program Integrity Efforts)  The Department of Health and Human Services is instructed to expand its program integrity efforts by utilizing resources both within and external to the agency including, but not limited to, the ability to contract with other entities for the purpose of maximizing the department's ability to detect and eliminate provider fraud.
     21.23.      (DHHS: Prior Authorization Exemptions)  The Department of Health and Human Services must expend funds appropriated for pharmaceutical services without prior authorization on medications prescribed to treat major depression, schizophrenia, or bipolar disorder as defined by the most recent edition of the Diagnostics and Statistical Manual of the American Psychiatric Association or following prescribing practice guidelines established by the American Psychiatric Association, or HIV/acquired immune deficiency syndrome, or oncology related pharmaceuticals.  Operational procedures necessary to insure the appropriate use and prevent the non-FDA approved use of these medications will be allowed.
     21.24.      (DHHS: Post Payment Review)  The department is directed to perform post payment reviews as permitted under Medicaid regulations to ensure compliance with the Hyde Amendment provisions as it relates to the performance of medically necessary services under the Medicaid program.  The results of such reviews shall be available to the General Assembly upon request in a format that meets the requirements of the Health Insurance Accountability and Portability Act (HIPAA) and Medicaid confidentiality regulations.
     21.25.      (DHHS: Prevention Partnership Grants)  The Department of Health and Human Services must implement a Prevention Partnership Grants Program with funds appropriated herein for prevention grants.  Of these funds $1,000,000 shall be allocated to the Department of Health and Environmental Control for HIV Prevention.  Grants must be awarded through a competitive process to government agencies, private foundations and businesses, and/or non-profit organizations that operate preventive health programs with documented outcomes.  To prevent duplication, the department must also function as a clearinghouse for all of the state's prevention and healthy lifestyle activities identified in the activity inventories agencies submitted to the State Budget Office.  Information provided to the department for the clearinghouse must include, at a minimum, details on expenditures, administrative costs, recipients, and outcomes.  The department will use this clearinghouse to identify gaps and overlaps in the state's prevention and healthy lifestyle efforts, and then develop and present to the Governor and Chairmen of the Senate Finance, House Ways and Means, Senate Medical Affairs, and House Medical, Military, Public and Municipal Affairs Committees an interagency state prevention and healthy living plan, including guidelines for administration and distribution of prevention partnership grants, annually by September 30th.  All state agencies, whether specifically identified in this section or not, must provide information upon the department's request.
     21.26.      (DHHS: Federally Qualified Health Centers-Pharmacies)        (A)  Federally qualified health centers are suspended from provisions of Chapter 43, Title 40 of the 1976 Code that require:
           (1)      all facilities distributing or dispensing prescription drugs to be permitted by the Board of Pharmacy;
           (2)      each pharmacy to have a pharmacist-in-charge;
           (3)      a pharmacist to be physically present in the pharmacy or health center delivery site in order to serve as the pharmacist-in-charge;
           (4)      a pharmacist to serve as a pharmacist-in-charge for only one pharmacy at a time.
     (B)      A federally qualified health center must be recognized as a covered entity under Section 40-43-60(I) of the 1976 Code allowing licensed practitioners, as defined by Section 40-43-30(45), to dispense drugs or devices that are the lawful property of the practitioner or the corporation.
     (C)      A federally qualified health center may transport medications in the same manner as allowed by laws for free clinics and/or private physician practices.
     21.27.      (DHHS: High Management Group Homes/Psychiatric Residential Treatment Facility)  An existing facility currently licensed by the South Carolina Department of Social Services and enrolled with the Medicaid agency as a High Management Group Home provider may elect to be enrolled with the Medicaid agency as a Psychiatric Residential Treatment Facility and licensed by the Department of Health and Environmental Control as a Residential Treatment Facility provided the facility meets the following criteria:
           (1)      Department of Health and Environmental Control licensing standards outlined in Regulation 61-103 regarding Residential Treatment Facilities;
           (2)      State and federal laws, regulations, and policies regarding participation as a Psychiatric Residential Treatment Facility.
     A High Management Group Home facility may request and be granted a Certificate of Need exemption from the Department of Health and Environmental Control for up to the number of beds existing as of January 1, 2007.  Any such request must be submitted to DHEC prior to January 1, 2008.  If the current High Management Group Home facility cannot meet licensing standards or obtain an exemption or waiver from licensing standards of the Department of Health and Environmental Control, the High Management Facility, licensed by the Department of Social Services and enrolled with the Medicaid agency as a High Management Group Home, may move and rebuild within the adjacent 20 miles up to the number of beds existing at the facility on January 1, 2007 and obtain the same exemptions.  Facilities seeking to increase the existing number of beds beyond those held on January 1, 2007, or relocate outside of the 20 mile radius will be subject to all CON and licensing requirements.
     High Management Group Homes not electing to operate as a Psychiatric Residential Treatment Facility may continue to receive non-Medicaid state and federal funds only, except as allowed under a transition plan authorized by the Medicaid agency.
     21.28.      (DHHS: State Children's Health Insurance Program)  The Department of Health and Human Services shall establish a separate, stand-alone plan under the authority of the State Children's Health Insurance Program (SCHIP) for the purpose of expanding eligibility for children up to two hundred percent (200%) of the prevailing federal poverty level.  All other Medicaid eligibility criteria shall apply.  For these purposes, a child is considered to be an individual under the age of nineteen.  This plan shall operate as a combination program complementing existing Medicaid and Medicaid SCHIP expansion programs. The program shall be modeled on private insurance and the benefits package must be substantially equal to the benefits provided by:  1) Federal Employee Health Benefits Program Standard Option; or, 2) a plan offered to state employees; or, 3) a plan offered by an HMO with the largest commercial enrollment in the state; or, 4) a plan approved by the Secretary of the Federal Department of Health & Human Services.  The private benefit plan must include dental and visual benefits substantially equal to those benefits currently offered to existing beneficiaries under the Medicaid program.  Implementation of this program is contingent upon the availability of Federal funding appropriated for this purpose.  The department shall be authorized to limit the number of enrollees, close enrollment, or establish a waiting list as necessary so as not to exceed available state appropriations.  No cost sharing provision shall be applied.  Enrollment will begin no sooner than October 1, 2007.
     21.29.      (DHHS: South Carolina Child Abuse and Neglect Medical Response Program)  Of the funds already appropriated, the Department of Health and Human Services shall establish the South Carolina Child Abuse and Neglect Medical Response Program, a coordinated program to address the medical needs of children who are suspected victims of child abuse or neglect.  The program shall be responsible for:  (a) improving the quality and consistency of forensic medical services provided to children; (b) increasing the number of qualified medical providers in the State; and (c) providing forensic medical resources to medical providers, agencies, and other organizations involved in the assessment, investigation, and prosecution of child abuse and neglect.
     21.30.      (DHHS: Long Term Care Facility Reimbursement Rates)  The department shall submit its Medicaid State Plan amendment for long term care facility reimbursement rates to the Federal government prior to August 1 of each year provided the State Appropriations Act has been enacted prior to that date.  This provision shall apply only in those years when funds are allocated for rate increases.
     21.31.      (DHHS: Carry Forward Funds-Health Initiatives)  Of the funds carried forward by the Department of Health and Human Services, $1,283,965 shall be used as the state match for rate increases for dental services.
     Of the funds carried forward by the department the following funds shall be disbursed for the purposes stated:
           Medical University of South Carolina
                 Rural Dentist Program      $250,000;
           Department of Health and Environmental Control
                 Hemophilia            $100,000; and
           Department of Social Services
                 SC Coalition for Domestic Violence and Abuse      $100,000.
     The department is prohibited from using Fiscal Year 2007-08 carry forward funds attributable to the Children's Health Insurance Program or Fiscal Year 2008-09 recurring appropriations for the Children's Health Insurance Program to fund any of the allocations contained in this provision.
     21.32.      (DHHS: Medicaid Managed Care Organizations)  Medicaid Managed Care Organizations participating in the state Medicaid program must reimburse out-of-network providers 100 percent of the prevailing Medicaid Fee-For-Service rate for services covered by the Medicaid program provided to an enrollee of the Medicaid Managed Care Organization.
     21.33.      (DHHS: Upper Payment Limit for Non-State Owned Public Nursing Facilities)  The department shall prepare and submit to the Center for Medicare and Medicaid Services no later than August 1, 2008 2009, a state plan amendment to provide Medicaid supplemental payments to non-state owned public nursing facilities who qualify as Essential Public Safety Net providers.  The department shall provide a report on the plan amendment to the House of Representatives Ways and Means Committee and the Senate Finance Committee by the aforementioned date.
     21.34.      (DHHS: Nursing Services to High Risk/High Tech Children)  The Department of Health and Human Services shall establish a separate classification and compensation plan for Registered Nurses (RN) and Licensed Practical Nurses (LPN) who provide services to Medically Fragile Children, who are Ventilator dependent, Respirator dependent, Intubated, and Parenteral feeding or any combination of the above.  The classification plan shall recognize the skill level that these nurses caring for these Medically Fragile Children must have over and above normal home-care or school-based nurses.
     The department shall utilize funds that would have been spent for these children being admitted to Hospital Pediatric Intensive Care Units due to the lack of in-home nursing care services.  The department shall provide an hourly rate adjustment of $3.00 per hour to both the RN rate and LPN rate who provide specialized and technical medical care to those children who are defined as High Risk/High Tech.
     21.35.      (DHHS: Pediatric Literacy Program)  The department shall coordinate with any pediatric, non-profit early literacy program, upon request of such program, to identify program participants who are also enrolled as Medicaid providers and, to the extent possible based on data available to the department, work with the program to determine potential geographic areas for program expansion.
     21.36.      (DHHS: Prior Authorization -Formulary Changes)  The Department of Health and Human Services shall coordinate and approve formulary changes for medications prescribed to treat major depression, schizophrenia, or bipolar disorder as defined by the most recent edition of the Diagnostics and Statistical Manual of the American Psychiatric Association or following prescribing practice guidelines established by the American Psychiatric Association.  The department shall require, in its managed care policy and procedures guide, managed care organizations to utilize a common prior authorization form for drugs used to treat major depression, schizophrenia, or bipolar disorder.  Adverse changes to a plan formulary must be coordinated with the agency.  If a formulary change regarding a medication prescribed to treat one of the conditions listed above will adversely affect the patient's condition, the grievance process must be exhausted prior to the beneficiary initiating disenrollment from the plan.  At no time will a patient who is actively on medication for treatment of one of the above conditions at the time of enrollment in a managed care plan be denied coverage for such medication until resolution of the grievance process.  If the department determines the grievance process does not provide favorable relief for the beneficiary, the beneficiary shall be allowed to enroll in fee-for-service or another managed care plan providing formulary coverage.
     21.37.      (DHHS: Offset Budget Reduction)  In the event of a base budget reduction assessed by the Budget and Control Board or the General Assembly, the The Department of Health and Human Services is directed authorized to utilize Program II. A. 3. Z. Case Services/Public Assistance funds carried forward from the prior fiscal year into the current fiscal year as well funds appropriated for the same purpose in Fiscal Year 2008-09 2009-10 that are in excess of program requirements in order to offset Fiscal Year 2008-09 2009-10 base budget reductions.  The department shall be required to enroll into the program any child who qualifies during Fiscal Year 2008-09 2009-10.
     21.38.      (DHHS: Modular Ramps)  The Department of Health and Human Services is authorized to lease modular ramps in the event the department can foresee demonstrated cost-savings to the department.
     21.39.      (DHHS: Medicaid Cost and Quality Effectiveness)  The Department of Health and Human Services shall establish a procedure to assess the various forms of managed care (Health Maintenance Organizations and Medical Home Networks, and any other forms authorized by the department) to measure cost effectiveness and quality.  These measures must be compiled on an annual basis.  The Healthcare Effectiveness Data and Information Set (HEDIS) shall be utilized for quality measurement and must be performed by an independent third party according to HEDIS guidelines.  Cost effectiveness shall be determined in an actuarially sound manner and data must be aggregated in a manner to be determined by a third party in order to adequately compare cost effectiveness of the different managed care programs versus Medicaid fee-for-service.  The methodology must use appropriate case-mix and actuarial adjustments that allow cost comparison of managed care organizations, medical home networks, and fee-for-service.  The department shall issue annual healthcare report cards for each participating Medicaid managed care plan and Medical Home Network operating in South Carolina and the Medicaid fee-for-service program.  The report card measures shall be developed by the department and the report card shall be formatted in a clear, concise manner in order to be easily understood by Medicaid beneficiaries.  The results of the cost effectiveness calculations, quality measures and the report cards shall be made public on the department's website no later than 90 days after the end of each fiscal year.
     21.40.      (DHHS: Hospital Rural Grants)  DELETED
     21.41.      (DHHS: MUSC Medicaid Services Reimbursement)  The Department of Health and Human Services must reimburse the Medical University of South Carolina for costs on all Medicaid hospital services rendered as specified in the Medicaid State Plan.
     21.42.      (DHHS: Prescription Drug Program Requirement)  DELETED
     21.43.      (DHHS: SCHIP Enrollment and Recertification)  The Department of Health and Human Services shall enroll and recertify eligible children to the State Children's Health Insurance Program (SCHIP) and must use available state agency program data housed in the Budget and Control Board's Office of Research and Statistics, to include the Department of Social Services' Food Stamp program and the Department of Education's Free and Reduced Meal eligibility data.  Use of this data and cooperative efforts between state agencies reduces the cost of outreach and maintenance of eligibility for SCHIP.
     21.44.      (DHHS: Carry Forward)  The Department of Health and Human Services is authorized to carry forward cash balances from the prior fiscal year into the current fiscal year for any earmarked or restricted trust and agency, or special revenue account or subfund.  All revenue deposited into the Restricted Medicaid Expansion Fund must be expended in the year the revenue is received.  The department shall submit a comprehensive reporting of all cash balances brought forward from the prior fiscal year.  The report shall, at a minimum, for each account or subfund include the following: the statutory authority that allows the funds to be carried forward, the maximum authorized amount that can be carried forward, the general purpose or need for the carry forward, the specific source(s) of funding or revenue that generated the carry forward, and a detailed description of any pending obligations against the carry forward.  The report must be submitted to the President Pro Tempore of the Senate, Chairman of the Senate Finance Committee, Speaker of the House of Representatives, and Chairman of the House Ways and Means Committee, within fifteen (15) days after the Comptroller General closes the fiscal year.
     21.45.      (DHHS: Medicaid Provider Fraud)  The department shall expand and increase its effort to identify, report, and combat Medicaid provider fraud.  The department shall report to the General Assembly before April 1, 2010 on the results of these efforts, funds recuperated or saved, and information pertaining to prosecutions of such actions, including pleas agreements entered into.
     21.46.      (DHHS: ARRA County Matching Funds Adjustment) From the county assessments for indigent medical care, the department is authorized to reduce and/or refund to the respective counties on a quarterly basis, such amounts as may be necessary to comply with Section 5001(g)(2) of the American Recovery and Reinvestment Act of 2009.
     21.47.      (DHHS: Smart Card/USB Token Pilot Study)  At no cost to the State of South Carolina or the Department of Health and Human Services, if any provider for Health Care under Medicaid determines to test a smart card or USB token which meets HIPAA and UETA standards and contains encrypted portable health information, such a pilot study may be conducted so long as all federal and state mandates are satisfied and so long as no medical services are denied if the card does not function properly at the provider site of service of if the card is not provided in an exigent situation.  The department must cooperate with the provider in facilitating such a pilot so long as all direct and reasonable indirect costs are paid for, if such costs are incurred by the department.
     21.48.      (DHHS: Community Health Plans)  The Department of Health and Human Services shall oversee all community health plans approved to operate as a pilot program for the purpose of providing health care.  Such oversight shall include the review and approval of the financial and business plan of the community health plan.  Only those plans receiving approval from the department, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee prior to January 1, 2009 shall be authorized to operate as an approved community health plan pursuant to this provision.  The department shall approve participation requirements of community health plans.
     An approved community health plan acting in accordance with these provisions shall not be considered as providing insurance or an unauthorized insurer.  The department shall submit a report no later than January 1, 2010, to the Chairmen of the Senate Finance Committee; House Ways and Means Committee; Senate Medical Affairs Committee; House Medical, Military, Public and Municipal Affairs Committee; Senate Banking and Insurance Committee; and House Labor, Commerce and Industry Committee.  The report shall include legislative recommendations, an overview of approved community health plans, a listing of all approved community health plans, and individual reports to be prepared by each approved community health plan providing an analysis of the financial status of the program, data on the enrollees and participating health care providers, a description of enrollee services utilized, and other information as requested by the department or committees.
     21.49.      (DHHS: ARRA State Match Carry Forward)  The Department of Health and Human Services is authorized to carry forward from the prior fiscal year into the current fiscal year any unobligated state match funds resulting from additional payments received from the increased Federal Medical Assistance Percentage provided by the American Recovery and Reinvestment Act of 2009.

SECTION 22 - J04 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

     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 General 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 The amount of state general 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, except 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 unilaterally reduce the county health units up to the stipulated percentage.
     22.4.      (DHEC: Camp Burnt Gin)  Private donations or contributions for capital improvements at the operation of 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.  These funds may be carried forward and shall be made available as needed to fund the operation of the camp.  Withdrawals from this restricted account must be in accordance with approved procedures.
     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 $780,573 and the hemophilia assistance program, $1,972,013 $1,698,571 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 $1,831,963, 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 $1,089,311 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 $148,954 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.      (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.
     22.28.      (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.
     22.29.      (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.
     22.30.      (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.
     22.31.      (DHEC: Shift Increased Funds)  The Director is authorized to shift increased appropriated funds in this act to offset shortfalls in other critical program areas.
     22.32.      (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.
     22.33.      (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.
     22.34.      (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.
     22.35.      (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.
     22.36.      (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.
     22.37.      (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.
     22.38.      (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.
     22.39.      (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.
     22.40.      (DHEC: Hazardous Waste Contingency Fund)  Beginning on July 1, 2006, all interest accruing on funds collected and held pursuant to Section 44-56-160 must be credited to the Hazardous Waste Contingency Fund and authorized for expenditure by the department to defray costs of governmental response actions at uncontrolled hazardous waste sites and for the purpose of response actions incidental to the transportation of hazardous materials.
     22.41.      (DHEC: South Carolina State Trauma Care Fund)  Of the funds appropriated to the South Carolina State Trauma Care Fund, $4,000,000 $3,353,952 shall be utilized for increasing the reimbursement rates for trauma hospitals, for trauma specialists' professional fee, for increasing the capability of EMS trauma care providers from counties with a high rate of traumatic injury deaths to care for injury patients, and for support of the trauma system, based on a methodology as determined by the department with guidance and input from the Trauma Council as established in Section 44-61-530 of the South Carolina Code of Laws.  The methodology to be developed will include a breakdown of disbursement of funds by percentage, with a proposed 77% 76.5% disbursed to hospitals and trauma physician fees, 16% of the 21% must be disbursed to EMS providers for training EMTs, Advanced EMTs and paramedics by the four regional councils of this state and the remaining 5% must be disbursed to EMS providers in counties with high trauma mortality rates, and 2% 2.5% allocated to the department for administration of the fund and support of the trauma system.  The Department of Health and Environmental Control shall promulgate regulations as required in Section 44-61-540 of the 1976 Code for the administration and oversight of the Trauma Care Fund.
     22.42.      (DHEC: Pandemic Influenza)  The Department of Health and Environmental Control shall assess South Carolina's ability to cope with a major influenza outbreak or pandemic influenza and maintain an emergency plan and stockpile of medicines and supplies to improve the state's readiness condition.  The department shall report on preparedness measures to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor by November 1, each year.  The department, in conjunction with the Department of Health and Human Services, is authorized to establish a fund for the purpose of developing an emergency supply, stockpile, and distribution system of appropriate antiviral, antibiotic, and vaccine medicines and medical supplies.  In the event the United States Department of Health and Human Services makes available medicines or vaccines for purchase by states via federal contract or federally-subsidized contract or other mechanism, the department, with Budget and Control Board approval, may access appropriated or earmarked funds as necessary to purchase an emergency supply of these medicines for the State of South Carolina.
     22.43.      (DHEC: Hemophilia Recombinant Factors)  The Department of Health and Environmental Control shall provide patients with Hemophilia the choice of recombinant factors when prescribed by a physician regardless of the patient's past Hemophilia treatment methods.
     22.44.      (DHEC: Superb Fund)  On July 1, 2008, the Department of Health and Environmental Control shall transfer $2,000,000 from the Superb Financial Responsibility Fund to the Superb account.  If the balance of the Superb Financial Responsibility Fund becomes less than $500,000, the department shall transfer on a monthly basis $100,000 of the funds generated by the environmental impact fee from the Superb account to the Superb Financial Responsibility Fund until the balance of the Superb Financial Responsibility Fund reaches $1,000,000.
     22.45.      (DHEC: Use of Radiological Fees)  For the current fiscal year, the Department of Health and Environmental Control is authorized to retain all funds generated above monies remitted to the general fund in FY 2000-2001 from fees listed in regulation R61-64 Title B (X-Rays).
     22.46.      (DHEC: Pharmacist Permits)  For the current fiscal year, provisions requiring that all department facilities distributing or dispensing prescription drugs be permitted by the Board of Pharmacy and that each pharmacy have a pharmacist-in-charge are suspended.  Each Department of Health and Environmental Control Public Health District Region shall be required to have a permit to distribute or dispense prescription drugs.  A department pharmacist may serve as the pharmacist-in-charge without being physically present in the pharmacy.  The department is authorized to designate one pharmacist-in-charge to serve more than one health district region.  Only pharmacists, nurses, or physicians are allowed to dispense and provide the following medications prescription drugs/products/vaccines at department facilities:  hormonal medications, antibiotics for Family Planning, tuberculosis, and antibiotics for sexually transmitted diseases, immunizations, hemophilia, or HIV/AIDS.  In the event of a public health emergency or upon activation of the strategic national stockpile, other medications could may be dispensed as necessary.
     22.47.      (DHEC: Beach Renourishment Carry Forward)  Of the funds carried forward by the department for beach renourishment, the department is authorized to utilize up to $240,000 to reduce the impact of budget reductions to the Office of Ocean and Coastal Resource Management.
     22.48.      (DHEC: Coastal Zone Appellate Panel)  The Coastal Zone Appellate Panel as delineated in Section 48-39-40 of the 1976 Code under the Department of Health and Environmental Control shall be suspended for the current fiscal year.
     22.49.      (DHEC: Rural Hospital Grants)  Rural Hospital Grants funds shall be allocated to public hospitals in very rural or rural areas whose largest town is less than 25,000 or a public hospital that is a hospital district; and who is accredited by the Joint Commission on Health Care Organizations or is a Critical Access Hospital, and whose licensed bed capacity does not exceed 150 beds.  Hospitals qualifying for the grants shall utilize such funds for any of the following purposes:  a) the development of preventive health programs, medical homes, and primary care diversion from emergency departments; b) expanded health services, including physician recruitment and retention; c) to improve hospital facilities; d) activities involving electronic medical records or claims processing systems; e) to enhance disease prevention activities in diabetes, heart disease, etc; and f) activities to ensure compliance with State or Federal regulations.
     22.50.      (DHEC: Camp Burnt Gin)  Notwithstanding any other provision of law, the funds appropriated to the department pursuant to Part IA, or funds from any other source, for Camp Burnt Gin must not be reduced in the event the department is required to take a budget reduction.

SECTION 23 - J12 - DEPARTMENT OF MENTAL HEALTH

     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) to be used for the repayment of bonds 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.      (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.
     23.8.      (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.  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 transferred to the Alzheimer's Disease and Related Disorders Association greater than such stipulated percentage.
     23.9.      (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.
     23.10.      (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.
     23.11.      (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.
     23.12.      (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.
     23.13.      (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).
     23.14.      (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.
     23.15.      (DMH: Uncompensated Patient Medical Care)  There is created an Uncompensated Patient Care Fund to be used by the department for medical costs incurred for patients that must be transferred to a private hospital for services.  These funds may be carried forward from the prior fiscal year into the current fiscal year to be used for the same purpose.
     23.16.      (DMH: Veterans' Nursing Home Death Investigations)  In the event that a coroner rules that the death of an individual in a veterans' nursing home under the authority of the Department of Mental Health results from natural causes, then the State Law Enforcement Division is not required to conduct an investigation regarding the individual's death.
     23.17.      (DMH: Carry Forward Unobligated Funds)  The Department of Mental Health is authorized to carry forward from the prior fiscal year into the current fiscal year, unobligated funds resulting from additional payments received from the increased Federal Medical Assistance Percentage provided by the American Recovery and Reinvestment Act of 2009 to be used for inpatient hospital services.

SECTION 24 - J16 - DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS

     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 and the fiscal status of the project, to include expenditure data and appropriation balances.  This provision does not establish or authorize creation of an entitlement program or benefit.
     24.10.      (DDSN: Modular Ramps)  The Department of Disabilities and Special Needs is authorized to lease modular ramps in the event the department can foresee demonstrated cost-savings to the department.
     24.11.      (DDSN: Summer Camps)  The Department of Disabilities and Special Needs cannot remove any summer camps under their purview due to reductions in their budget.
     24.12.      (DDSN: Child Daycare Centers)  Of the funds appropriated to the department, the department shall provide reimbursement for services provided to department eligible children at daycare centers previously under contract prior to December 31, 2008.  The reimbursement shall not be less than eighty percent of the amount reimbursed in the previous fiscal year.

SECTION 25 - J20 - DEPARTMENT OF ALCOHOL & OTHER DRUG ABUSE SERVICES

     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.
     25.3.      (DAODAS: Eligibility for Treatment Services)  Upon the payment of all applicable fees, any resident of South Carolina is eligible to take part in the treatment programs offered by the Department of Alcohol and Other Drug Abuse Services during the 2009-10 fiscal year.

SECTION 26 - L04 - DEPARTMENT OF SOCIAL SERVICES

     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.      (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.
     26.15.      (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.
     26.16.      (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.
     26.17.      (DSS: Use of Funds Authorization)  Unless specifically directed by the General Assembly, when DSS is directed to provide funds to a not-for-profit or 501(c)(3) organization, that organization must use the funds to serve persons who are eligible for services in one or more DSS programs.
     26.18.      (DSS: Grant Authority)  The Department of Social Services is authorized to make grants to community-based not-for-profit organizations for local projects that further the objectives of DSS programs.  The department shall develop policies and procedures and may promulgate regulations to assure compliance with state and federal requirements associated with the funds used for the grants and to assure fairness and accountability in the award and administration of these grants.  The department shall require a match from all grant recipients.
     26.19.      (DSS: Family Foster Care Payments)  The Department of Social Services shall furnish as Family Foster Care payments for individual foster children under their sponsorship:
           ages            0      -      5            $332      per month
           ages            6      -      12      $359      per month
           ages            13      +            $425      per month
     These specified amounts are for the basic needs of the foster children.  Basic needs within this proviso are identified as food (at home and away), clothing, housing, transportation, education and other costs as defined in the U.S. Department of Agriculture study of "Annual Cost of Raising a Child to Age Eighteen".  Further, each agency shall identify and justify, as another line item, all material and/or services, in excess of those basic needs listed above, which were a direct result of a professional agency evaluation of clientele need.  Legitimate medical care in excess of Medicaid reimbursement or such care not recognized by Medicaid may be considered as special needs if approved by the sponsoring/responsible agency and shall be reimbursed by the sponsoring agency in the same manner of reimbursing other special needs of foster children.
     26.20.      (DSS: Penalty Assessment)  The Department of Social Services may impose monetary penalties against a person, facility, or other entity for violation of statutes or regulations pertaining to programs, other than foster home licensing, that the department regulates.  Penalties collected must be remitted to the State Treasurer for deposit into the State General Fund.  The department shall promulgate regulations for each program in which penalties may be imposed.  The regulations must include guidance on the decision to assess a penalty, the effect of failure to pay a penalty in a timely manner, and a schedule of penalty ranges that takes into account severity and frequency of violations.  These regulations must provide for notice of the penalty and the right to a contested case hearing before a designee of or panel appointed by the director of the department.  Judicial review of the final agency decision concerning a penalty must be in accordance with statutes or regulations that apply to judicial review of final revocation and denial decisions in that particular program.  The department, in accordance with regulations promulgated pursuant to this provision, shall have discretion in determining the appropriateness of assessing a monetary penalty against a person or facility and the amount of the penalty.  The authority to assess monetary penalties shall be in addition to other statutory provisions authorizing the department to seek injunctive relief or to deny, revoke, suspend, or otherwise restrict or limit a license or other types of operating or practice registrations, approvals, or certificates.
     26.21.      (DSS: Children's Home Standard Licenses)  Standard licenses for children's residential group homes, child caring institutions and child placing agencies shall be effective for two years from the date of issuance or renewal unless revoked or otherwise terminated before the expiration date.  Fire inspections required for licensing or renewal of children's residential group homes and child caring institutions must be conducted annually.
     26.22.      (DSS: Child Support Enforcement Automated System Carry Forward)  The department shall be authorized to retain and carry forward any unexpended funds appropriated for the Child Support Enforcement automated system and related penalties.
     26.23.      (DSS: Child Support Enforcement System)  From the funds appropriated in Part IA, Section 26(F), the Department of Social Services shall prepare a detailed report on the status of the Child Support Enforcement System.  The report shall include, but not be limited to, actions currently being undertaken to become compliant with federal government requirements; the cost required to meet minimum federal guidelines; total funds spent so far on the system; the amount of fines assessed by the federal government associated with non-compliance; how much has been spent to satisfy actions taken by the state judicial system; and how much has been spent related to actions taken by any other entity which may have altered the amount required for meeting minimum federal guidelines.  The report shall be submitted to the General Assembly by August 31st of the current fiscal year.
     26.24.      (DSS: Unexpended Funds)  Unexpended funds appropriated by proviso 73.12 of Act 117 of 2007 to the Department of Social Services may be carried forward to the current fiscal year and expended for Child Care Vouchers.
     26.25.      (DSS: Child Care Voucher)  State funds allocated to the Department of Social Services and used for child care vouchers must be used to enroll eligible recipients within provider settings exceeding the state's minimum child care licensing standards.  The department may waive this requirement on a case by case basis.
     26.26.      (DSS: Teen Pregnancy Prevention)  From the monies appropriated for the Continuation of Teen Pregnancy Prevention, the department must award two contracts to separate private entities to provide teen pregnancy prevention programs and services within the State.  The monies appropriated must be divided equally between the contracts.  Entities that have a proven and public history of having effectively implemented abstinence programs in this State may be given a preference during the contract evaluation and awarding process.  One contract must be awarded to an entity that utilizes an abstinence first, age appropriate comprehensive approach to health and sexuality education with a goal of preventing adolescent pregnancy throughout South Carolina.  One contract must be awarded to an entity that uses a National Abstinence Clearinghouse (NAC) approved curricula for a minimum of one year prior to their application.  NAC is the agency the federal Department of Health and Human Services has chosen to provide a comprehensive, national list of approved abstinence-only education curricula that is consistent with the A through H legislative requirements defined in Title V, Section 510(b)(2).  A five-member committee shall oversee the contract award process.  The committee's first meeting shall be on or before August 1, 2008 2009.  The five member committee shall be composed as follows:  the President Pro Tempore of the Senate shall appoint two members of the committee, the Speaker of the House shall appoint two members of the committee and the Governor shall appoint one member of the committee.  Members of the committee shall serve without compensation.
     26.27.      (DSS: Meals in Emergency Operations)  The cost of meals may be provided to state employees who are not permitted to leave their stations and are required to work during actual emergencies, emergency situation exercises, and when the Governor declares a state of emergency.
     26.28.      (DSS: Day Care Facilities Supervision Ratios)  For Fiscal Year 2009-10, staff-child ratios contained in Regulations 114-504(B), 114-504(C), 114-524(B), and 114-524(C) shall remain at the June 24, 2008 levels.

SECTION 27 - L24 - COMMISSION FOR THE BLIND

     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.

SECTION 28 - H79 - DEPARTMENT OF ARCHIVES & HISTORY

     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.

SECTION 29 - H87 - STATE LIBRARY

     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.
     29.4.      (LIB: Books and Materials Disposal)  The State Library may sell or otherwise dispose of books and other library materials that are deemed by the State Library as no longer of value to the State of South Carolina and the State Library's collection.  Funds received from the sale of books and materials shall be retained and expended to purchase new materials for the collection.  Unexpended funds may be carried forward from the prior fiscal year into the current fiscal year and be used for the same purpose.
     29.5.      (LIB: SCLENDS)  The State Library may accept money for the South Carolina Library Evergreen Network Delivery System (SCLENDs), a consortium providing patrons access to more library materials.  The consortium shall allow South Carolina libraries the ability to share resources and provide a forum for sharing expertise in technical areas such as systems administration and cataloging.  Funds received by the State Library for SCLENDS shall be placed in a special account and shall only be utilized to pay for items related to SCLENDS.  Unexpended funds may be carried forward from the prior fiscal year into the current fiscal year and be used for the same purpose.

SECTION 30 - H91 - ARTS COMMISSION

     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.

SECTION 31 - H95 - STATE MUSEUM

     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.
     31.9.      (MUSM: Rent Payment Suspension)  For Fiscal Year 2009-10 the State Museum is not required to pay rent or maintenance expenses, including all utilities, operations, maintenance and repairs to General Services for the premises it leases in the Columbia Mills Building.
     31.10.      (MUSM: Transfer to General Fund)  The State Museum is directed to transfer to the General Fund of the State, $1,800,000 of the funds appropriated to or authorized for the State Museum.

SECTION 32 - L32 - HOUSING FINANCE AND DEVELOPMENT AUTHORITY

     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 89.24(J) (Travel-Subsistence Expenses & Mileage) in this act.

SECTION 33 - P12 - FORESTRY COMMISSION

     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.

SECTION 34 - P16 - DEPARTMENT OF AGRICULTURE

     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.      (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.
     34.5.      (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.
     34.6.      (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.
     34.7.      (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.
     34.8.      (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.
     34.9.      (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.
     34.10.      (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.

SECTION 35 - P20 - CLEMSON UNIVERSITY - PSA

     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.      (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.
     35.5.      (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.
     35.6.      (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.
     35.7.      (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.
     35.8.      (CU-PSA: Fertilizer Inspection Fee)  For the current fiscal year Clemson Public Service Activities is authorized to charge an inspection fee of $1.50 per ton of commercial fertilizer sold or distributed in this state.  Clemson University-PSA may retain, expend, and carry forward these funds to maintain its programs.
     35.9.      (CU-PSA: Lime Inspection Fee)  The Public Service Activities of Clemson University are hereby authorized to charge an inspection fee of $0.50 per ton on Agricultural Liming Materials sold or distributed in this state.  Clemson University-PSA may retain, expend, and carry forward these funds to maintain its programs.
     35.10.      (CU-PSA: Noncommercial Pesticide Applicator Fee)  The Public Service Activities of Clemson University are hereby authorized to charge noncommercial pesticide applicators an annual licensing fee of $50.00.  Clemson University-PSA may retain, expend, and carry forward these funds to maintain its programs.
     35.11.      (CU-PSA: Meat Inspection Program)  For the current fiscal year Clemson University Public Service Activities shall maintain operation of the state Meat Inspection Program.  All revenues and recoveries from USDA Food Safety Inspection Services for Clemson University PSA's Meat and Poultry Inspection Department shall be retained by Clemson University-PSA's Livestock - Poultry Health Program for purposes of carrying out the operation of that program.
     35.12.      (CU-PSA: Boll Weevil Eradication)  For the current fiscal year Clemson University Public Services Activities shall maintain operation of the Boll Weevil Eradication Program.  In the calculation of any across-the-board budget reduction mandated by the Budget and Control Board or the General Assembly, the amount appropriated for the Boll Weevil Eradication Program shall be excluded from Clemson PSA's base budget.  In the event of such a reduction Clemson PSA may reduce the amount of funds appropriated for this program by an amount not to exceed the percentage associated with the mandated reduction.

SECTION 37 - P24 - DEPARTMENT OF NATURAL RESOURCES

     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.
     37.3.      (DNR: Publications Revenue)  For the current fiscal year all revenue generated from the sale of the "South Carolina Wildlife" magazine, its by-products and other publications, shall be retained by the department and used to support the production of same in order for the magazine to be self-sustaining.  In addition, the department is authorized to sell advertising in the magazine and to increase the magazine's subscription rate, if necessary, to be self-sustaining.  No general funds may be used for the operation and support of the "South Carolina Wildlife" magazine.
     37.4.      (DNR: Casual Sales Tax Collection)  The Department of Natural Resources shall continue to collect the casual sales tax as contained in the contractual agreement between the Department of Revenue and the Department of Natural Resources and the State Treasurer is authorized to reimburse the department on a quarterly basis for the actual cost of collecting the casual sales tax and such reimbursement shall be paid from revenues generated by the casual sales tax.
     37.5.      (DNR: Proportionate Funding)  Each of South Carolina's 46 soil and water conservation districts shall receive a proportionate share of funding set aside for Aid to Conservation Districts at $15,000 per district for general assistance to the district's program.  Available funding above $15,000 for each district will be apportioned by the Department of Natural Resources based upon local needs and priorities as determined by the board.  During the fiscal year, the districts' funding may only be reduced in an amount not to exceed the percentage of each agency budget reduction.  No district shall receive any funds under this provision unless the county or counties wherein the district is located shall have appropriated no less than three hundred dollars to the district from county funds for the same purposes.
     37.6.      (DNR: Carry Forward - Contract for Goods & Services)  If any funds accumulated by the Department of Natural Resources Geology Program, under contract for the provision of goods and services not covered by the department's appropriated funds, are not expended during the preceding fiscal years, such funds may be carried forward and expended for the costs associated with the provision of such goods and services.
     37.7.      (DNR: Revenue Carry Forward)  The department may collect, expend, and carry forward revenues derived from the sale of goods and services in order to support aerial photography, map services, climatology data, and geological services.  The department shall annually report to the Senate Finance and Ways and Means Committees the amount of revenue generated from the sale of these goods and services.
     37.8.      (DNR: Clothing Allowance)  The Department of Natural Resources is hereby authorized to provide Natural Resource Enforcement Officers on special assignment with an annual clothing allowance (on a prorata basis) not to exceed $600 per officer for required clothing used in the line of duty.
     37.9.      (DNR: Commissioned Officers' Physicals)  The department is authorized to pay for the cost of physical examinations for department personnel who are required to receive such physical examinations prior to receiving a law enforcement commission.
     37.10.      (DNR: Interest - License Fees)  Interest earned by the State Treasurer on all hunting and fishing license fees collected by the Department of Natural Resources must be credited to and expended by the department for the protection, promotion, propagation, and management of fish and wildlife, and the enforcement of related laws.
     37.11.      (DNR: Shrimp Baiting Enforcement)  The department shall allocate additional enforcement efforts during the sixty (60) day shrimp baiting period to assist existing law enforcement personnel in monitoring and enforcement of the shrimp baiting laws.  Further, expenditures for other than law enforcement should not exceed thirty percent (30%) of the annual collections from the sale of shrimp baiting permits.
     37.12.      (DNR: Water Recreation Fund and County Game and Fish Fund)  Funds collected during the current fiscal year by the Department of Natural Resources for the Water Recreation Fund and for that portion of the county game and fish fund derived from licenses and fees must be retained by the department and used for the stated purposes of the respective funds, and may not be used by the department to offset base-budget reductions for the current fiscal year.  In addition to all other uses allowed by statute, the department may use the Water Recreational Resource Funds of a county for the purchase of boats, boat trailers, motors, and boating safety equipment used for law enforcement and rescue, with the recommendation of the county delegation.
     37.13.      (DNR: Grass Carp Testing Recoupment Fee)  The Department of Natural Resources shall charge and retain a fee of one dollar per fish for fish five (5) inches or longer and a fee of twenty-five cents ($0.25) for fish less than five (5) inches to recoup the cost of certification testing of Triploid Grass Carp to assure that such fish are sterile before they can be imported into the State.
     37.14.      (DNR: Intellectual Property)  The Department shall develop a comprehensive written policy providing for the treatment on intellectual property accruing to the Department in the area of shrimp disease and culture.  This policy must address the following issues: definitions, coverage and disclosure requirements, ownership, dispute resolution procedures, obtaining of patents and copyrights, incentives, transfer or sales or research results, promotion and licensing, use of proceeds, and release of ownership rights.  Upon adoption and implementation, the Department, consistent with the policy, may sell or license intellectual property owned by the Department, upon approval of the Budget and Control Board.  The net proceeds or annual net royalties, excluding any expenses including research and development, patent, licensing and litigation from intellectual property owned by the Department shall be apportioned and paid over by the Department according to the following schedule:  Inventor  15%; State General Fund  85%.  Proceeds apportioned and paid over to the Department shall be used by the Department for scientific research and education for the enhancement, management, and protection of natural resources in the State.
     37.15.      (DNR: Sale of Existing Offices)  After receiving approval from the Budget and Control Board favorable review by the Joint Bond Review Committee for the sale of property, the Department of Natural Resources is authorized to retain all funds from the sale of existing offices for the improvement, consolidation and/or establishment of regional hub offices.
     37.16.      (DNR: Interstate Water Negotiations and Savannah River Basin Compact Study)  From funds appropriated in Part IA, Section 37 of this act, the director of the department shall provide for expenses associated with technical and legal consultants in order for the department to continue discussions with the Director of the Georgia Department of Natural Resources and other appropriate state and federal agencies in South Carolina and Georgia for the purpose of considering the creation of an interstate compact between South Carolina and Georgia concerning the Savannah River basin and for developing legislation for that purpose.  The director of the department shall concurrently ensure that as the State takes positions in the Federal Energy Regulatory Commission relicensing procedures on the Yadkin/Pee Dee and Catawba Rivers, they are well founded and consistent with the State's positions on the Savannah River.  The study shall include, but not be limited to, the consideration of current state river basin compact laws, published reports on the Savannah River basin, impacts of removal of water from the basin in both the State of South Carolina and the State of Georgia, as well as water quantity, water quality, ecological, economic, agricultural, and recreational uses of the basin.  The study will allow for input from parties interested in the long-term management of the Savannah River basin.  The director of the department shall prepare a report on the expenditure of these funds and shall submit it to the Senate Finance Committee and the House Ways and Means Committee by December 31, 2008.
     37.17.      (DNR: Watercraft Title and Registration Fees)  DELETED

SECTION 38 - P26 - SEA GRANT CONSORTIUM

     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.

SECTION 39 - P28 - DEPARTMENT OF PARKS, RECREATION AND TOURISM

     39.1.      (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 $105,000 distributed to the Georgetown Chamber of Commerce, and $20,000 distributed to the Williamsburg 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.
     39.2.      (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.
     39.3.      (PRT: Competitive Grants)  Of funds appropriated to the department for Competitive Grants, these funds may be released to local subdivisions or nonprofit organizations for travel and tourism industry purposes only upon the approval of the Grants Committee of the Budget and Control Board.  The agency is prohibited from transferring these funds to other programs.  In addition, the agency may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee.
     39.4.      (PRT: State Park Privatization Approval)  Before the department may enter into a final contract to privatize all or a portion of Cheraw State Park or Hickory Knob State Park, approval of the majority of the General Assembly must be obtained, in addition to the approval of the State Budget and Control Board.
     39.5.      (PRT: Destination Specific Tourism Marketing)  From the funds appropriated in this Act for the Tourism and Sales Marketing program, the department shall use not less than $10,000,000 for a destination specific tourism marketing grant program.  The minimum grant awarded by this program the Destination Specific Tourism Program shall be $250,000.  Each state dollar must be matched with two dollars of private funds.  An organization receiving a state grant must certify that, as of the date of the application:  (i) the private funds are new dollars specifically designated for the purpose of matching state funds; (ii) the private funds have not been previously allocated or designated for tourism-related destination marketing; (iii) the organization has on hand or has an approved line of credit of not less than the amount of private funds needed to provide the required match.  Organizations applying for a grant must include in the grant application, information on how the organization proposes to measure the success of the marketing and public relations program, including the estimated return on investment to the state.  Promotional programs proposed by an applicant must be based on research-based outcomes.  Grants must be made only to organizations that have a proven record of success in creating and sustaining new and repeat visitation to its area and must have sufficient resources to create, plan, implement, and measure the marketing and promotional efforts undertaken as a part of the program.  The department must award a grant only to one qualified destination marketing organization within their tourism region where the organization's private funds are raised.  An organization receiving a grant must use the public and private funds only for the purpose of destination specific marketing and public relations designed to stimulate destination travel by persons outside the state to destinations within the state.  All grants that qualify under the program must be funded if funds are available.  Funding of all qualified grants will be on a first come first served basis with such basis retained throughout the term of this proviso.  No organization shall receive in the first quarter more than fifty percent of the state dollars allocated to the program.  If by the end of the third quarter matching funds are still available with no other organizations meeting the criteria for funding, the funds will be distributed to the organization or organizations that have and can meet all of the requirements of this proviso.  Grant recipients shall provide an annual report by November 1, to the Chairmen of the Senate Finance Committee and the House Ways and Means Committee and the director of the Department of Parks, Recreation and Tourism on the expenditure of the grants funds and on the proposed outcome measures.
     39.6.      (PRT: Advertising Funds Carry Forward)  The Department of Parks, Recreation & Tourism may carry forward any unexpended funds appropriated on the Advertising line within Program II. A. Tourism Sales and Marketing from the prior fiscal year into the current fiscal year to be used for the same purposes which include the Tourism Partnership Fund, Destination Specific Marketing Grants and the agency advertising fund.
     39.7.      (PRT: Product Development Funds)  All Product Development funds, whether carried forward or new appropriations, must be matched with a 2 to 1 private funds ratio.  An organization receiving a state grant must certify that, as of the date of the application:  (i) the private funds are new dollars as of the current fiscal year specifically designated for the purpose of matching state funds; (ii) the private funds have not been previously allocated or designated for product development; (iii) the organization has on hand or has an approved line of credit of not less than the amount of private funds needed to provide the required match.  Grant recipients shall provide a quarterly report to the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, and the director of the Department of Parks, Recreation and Tourism on the expenditure of the grants funds and on the proposed outcome measures.  The department is further directed, for Fiscal Year 2009-10, to transfer $2,000,000 of uncommitted Product Development Program funds to the Destination Specific Tourism Program.  In addition, the department is authorized to utilize $526,200 of uncommitted Product Development funds for general agency operational purposes.
     39.8.      (PRT: Regional Tourism)  Of the funds appropriated to, authorized for, and/or carried forward by the department, the department shall provide the same level of recurring and non-recurring funds disbursed to the eleven Regional Tourism groups as they received in Fiscal Year 2007-08.
     39.9.      (PRT: Film Marketing)  From the funds authorized to the Department of Parks, Recreation and Tourism in Section 39, Part IA of this act for the South Carolina Film Commission, the department may use the film marketing funds for the following purposes:  1) to allow for assistance with recruitment and infrastructure development of the film industry; 2) to develop a film crew base; 3) to develop ally support in the film industry; 4) marketing and special events; and 5) to allow for assistance with the auditing and legal service expenses associated with the Motion Picture Incentive Act.
     39.10.      (PRT: Motion Picture Rebate Percentage)  From the amount set aside pursuant to Section 12-62-50, the South Carolina Film Commission may rebate to a motion picture production company, up to twenty percent of the total aggregate South Carolina payroll for persons subject to South Carolina income tax withholdings employed in connection with the production.  From the amount set aside pursuant to Section 12-62-60, the South Carolina Film Commission may rebate to a motion picture production company up to thirty percent of the expenditures made by the motion picture production company in the State.  Motion picture production companies that have previously been approved at the lower percentages may reapply for the higher percentages only if the project that was approved is still in production in South Carolina as of the effective date of this proviso.
     39.11.      (CMRC: Motion Picture Administration Application Fee)  The Department of Parks, Recreation and Tourism may charge an application fee for the Motion Picture Incentive programs and may retain and expend these funds for the purposes of meeting administrative, data collection, credit analysis, cost-benefit analysis, reporting and auditing, and other statutory obligations.  A fee schedule must be established and approved by the Director of the Department of Parks, Recreation and Tourism.
     39.12.      (PRT: Gift Shops)  The Governor's Mansion Gift Shop located in the basement of the Caldwell-Boylston House shall close effective July 1, 2009.  At the discretion of the Department of Parks, Recreation and Tourism, the State House Gift Shop may close on weekends.
     39.13.      (PRT: Advertising)  DELETED
     39.14.      (PRT: PARD Interest)  The department is hereby prohibited from utilizing the interest generated in the PARD program for anything other than the uses authorized by the law creating PARD.  Should the PARD account not reach the required amount of $920,000 to activate the minimum $20,000 per county distribution, the department shall carry forward the funding until such time as the funds are sufficient to distribute as originally intended.
     39.15.      (PRT: Reduced Fees)  DELETED

SECTION 40 - P32 - DEPARTMENT OF COMMERCE

     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.
     In order to provide maximum flexibility to encourage the creation of new jobs and capital investment, the Coordinating Council for Economic Development has the authority to transfer up to $7,000,000 of economic development funds at its disposal to the Closing Fund, provided the transfer is approved by a majority vote of the Coordinating Council members in a public meeting.  Any unexpended balance on June 30, of the prior fiscal year may be carried forward and expended in the current fiscal year by the Department of Commerce for the same purpose.
     40.13.      (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.
     40.14.      (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.
     40.15.      (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.
     40.16.      (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.
     40.17.      (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.
     40.18.      (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.
     40.19.      (CMRC: Reimbursement of Expenditures)  Any reimbursements of expenditures in prior fiscal years related to infrastructure costs for the ICAR project shall be retained by the department for repayment of funds previously used for the ICAR project.
     40.20.      (CMRC: Competitive Grants)  Of funds appropriated to the department for Competitive Grants, these funds may be released to local subdivisions or nonprofit organizations for economic development purposes only upon the approval of the Grants Committee of the Budget and Control Board.  The agency is prohibited from transferring these funds to other programs.  In addition, the agency may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee.
     40.21.      (CMRC: Coordinating Council - Rural Infrastructure Funds)  The Department of Commerce Coordinating Council is hereby authorized to carry forward committed and uncommitted funds from the State Rural Infrastructure Fund, for the authorized purposes as specified in its legislation.
     40.22.      (CMRC: Job Development Credits)  Any company that received approval for Job Development Credits in January 2005 shall have the option of using the prior year's county classification for purposes of obtaining the Job Development Credits.
     40.23.      (CMRC: Motion Picture Rebate)  From the amount set aside pursuant to Section 12-62-50, the South Carolina Film Commission may rebate to a motion picture production company, up to twenty percent of the total aggregate South Carolina payroll for persons subject to South Carolina income tax withholdings employed in connection with the production.  From the amount set aside pursuant to Section 12-62-60, the South Carolina Film Commission may rebate to a motion picture production company up to thirty percent of the expenditures made by the motion picture production company in the State.  Motion picture production companies that have previously been approved at the lower percentages may reapply for the higher percentages only if the project that was approved is still in production in South Carolina as of the effective date of this proviso.
     40.24.      (CMRC: WIA Prior Year Payments)  The Department of Commerce shall be allowed to pay Workforce Investment Act prior-year obligations with current year funds.
     40.25.      (CMRC: Closing Fund)  In order to encourage and facilitate economic development, the $7,000,000 appropriated for the Closing Fund for competitive recruitment purposes shall be used as approved by the Coordinating Council for Economic Development.  Any unexpended balance on June 30, of the prior fiscal year may be carried forward and expended in the current fiscal year by the Department of Commerce for the same purposes.
     40.26.      (CMRC: Film Marketing)  From the funds authorized to the Department of Commerce in Section 40, Part IA, Program II.B. of this act, the department may use the film marketing funds for the following purposes:  1) to allow for assistance with recruitment and infrastructure development of the film industry; 2) to develop a film crew base; 3) to develop ally support in the film industry; and 4) marketing and special events.
     40.27.      (CMRC: Motion Picture Administration Application Fee)  The Coordinating Council for Economic Development may charge an application fee for the Motion Picture Incentive programs and may retain and expend these funds for the purposes of meeting administrative, data collection, credit analysis, cost-benefit analysis, reporting and auditing, and other statutory obligations.  A fee schedule must be established and approved by the Coordinating Council for Economic Development.
     40.28.      (CMRC: Community Development Corporation Carry Forward)  The Department of Commerce shall be authorized to carry forward Community Development Corporation Initiative committed and uncommitted funds from the prior fiscal year and to use these funds for the same purpose.
     40.29.      (CMRC: Aeronautics Grant Match Funds)  The funds appropriated to the Division of Aeronautics for FAA grant matching, may be used to match state and local aviation airports projects whether or not they have received FAA funding.  Any funds must be approved by the Aeronautics Commission prior to being awarded.
     40.30.      (CMRC: Economic Development Organizations)  The Department of Commerce shall utilize the balance of the $2,700,000 of the $3,000,000 appropriated in the Fiscal Year 2007-08 Appropriation Act for Regional Economic Development Organizations to provide funds to the following six economic development organizations that have not already drawn down the maximum of $450,000:
           (1)      Central SC Economic Development Alliance;
           (2)      Charleston Regional Development Alliance;
           (3)      Economic Development Partnership;
           (4)      North Eastern Strategic Alliance (NESA);
           (5)      Southern Carolina Alliance; and
           (6)      Upstate Alliance.
     In addition, from the balance of the $2,700,000 the Lowcountry Economic Alliance shall receive $150,000.
     For entities that have not already drawn down the maximum of $450,000 as authorized in Act 117 of 2007, the remaining funds must be disbursed equally to each organization with a maximum amount of $420,000.  Each dollar of state funds must be matched with one dollar of private funds.  The organization receiving state funds must certify that the private funds are new dollars specifically designated for the purpose of matching state funds and have not been previously allocated or designated for economic development.
     The remaining $300,000 shall be provided to Chester County, Lancaster County, Union County, and York County provided they meet the requirements established above.
     Upon receipt of the request for the funds and certification of the matching funds, the Department of Commerce shall disburse the funds to the requesting organization.
     Funds recipients shall provide an annual report by November 1, to the Chairmen of the Senate Finance Committee and the House Ways and Means Committee and the Secretary of Commerce on the expenditure of the funds and on the outcome measures.
     Any funds remaining in the department's accounts for Regional Economic Development Organizations at the end of Fiscal Year 2009-10 shall be transferred to the General Fund.
     40.31.      (CMRC: Coordinating Council - Application Fee Deposits)  Application fees received by the department must be deposited within five business days from the Coordinating Council application approval date.
     40.32.      (CMRC: Public Railways)  The Division of Public Railways is directed to create a statewide rail plan on or before March 31, 2009, in compliance with applicable federal laws, rules, and regulations.
     Throughout the planning of the statewide rail plan, the division shall consult with and seek input from:  the Department of Transportation, the State Ports Authority, the Aeronautics Division of the Department of Commerce Budget and Control Board, the Department of Parks, Recreation and Tourism, the South Carolina Public Service Commission, the Office of Regulatory Staff, and the Department of Health and Environmental Control.
     The division shall further seek the advice and input of the Councils of Governments, CSX, Norfolk Southern, Amtrak, short-line railroads, and any other associations that may be affected by the development of the statewide rail plan.
     Of the funds appropriated to the Department of Commerce, $100,000 shall be made available for the creation of a statewide rail plan.
     40.33.      (CMRC: Recycling Advisory Council Reporting)  The Recycling Market Development Advisory Council must submit an annual report outlining recycling activities to the Governor and members of the General Assembly by March 15th each year.
     40.34.      (CMRC: Repayment of Energy Loan)  From the funds appropriated, authorized, and/or carried forward by the Department of Commerce, $1,929,000 shall be utilized to repay the energy loan that was made to the Donaldson Center Industrial Air Park from the State Energy Office.
     40.35.      (CMRC: Water Litigation)  During the current fiscal year, the department must transfer $500,000 from the State Rural Infrastructure program to the State Attorney General's Office for water litigation.
     40.36.      (CMRC: Port Credit)  Of the funds set aside from general fund revenue for Fiscal Year 2009-10 pursuant to Section 12-6-3375 of the 1976 Code, and managed by the Department of Commerce, $450,000 shall be allocated to any entity whose port cargo volume increased over its base year and did not receive an allocation from the Coordinating Council for Economic Development in year 2008.
     40.37.      (CMRC: Aeronautics Assets and Funds)  In accordance with Section 13-1-1010 of the 1976 Code, the Department of Commerce is prohibited from selling or transferring any Division of Aeronautics assets, including but not limited to, leasehold improvements and all rights inuring to the benefit of the Division of Aeronautics under real estate leases in effect as of January 1, 2009, and the ability to sublease same, without the approval of the South Carolina Aeronautics Commission and the Secretary of Commerce.  In addition, any relocation of the Division of Aeronautics from the property known as the South Carolina Division of Aeronautics Building at the Columbia Metropolitan Airport must be approved by the Aeronautics Commission and the Secretary of Commerce and funds appropriated to or authorized for the Division of Aeronautics may not be transferred to or expended for any other program without the approval of the Aeronautics Commission and the Secretary of Commerce.  In the event state appropriations are reduced, Division of Aeronautics general funds may not be reduced in an amount greater than the percentage stipulated by the Budget and Control Board or the General Assembly for the agency as a whole.
     40.38.      (CMRC: Railway Transfer)  Any track, spur, switch, terminal, terminal facility, road bed, right-of-way, bridge, station, railroad car, locomotive, or other vehicle constructed for operation over railroad tracks, crossing signs, lights, signals, storage, and all associated structures and equipment that was necessary for the operation of any railroad located on an applicable federal military installation or applicable federal facility shall be transferred, and immediately vest, in fee simple absolute, to the Department of Commerce, in the Division of Public Railways.  Upon the completion of the transfer, the director shall make a report to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee detailing the effectiveness of the transfer.
     For purposes of this proviso, "applicable federal military installation" means a federal military installation or other facility which is closed or realigned under the Defense Base Closure and Realignment Act of 1990, Title II of the Defense Authorization Amendments and Base Closure and Realignment Act; or Section 2687 of Title 10, United States Code.  For purposes of this proviso, "applicable federal facility" means a federal facility that has reduced its permanent employment by three thousand or more jobs after December 31, 1990.
     40.39.      (CMRC: Civil Air Patrol Transfer)  Of the funds appropriated to or authorized for the Department of Commerce, the department shall transfer $50,000 to the Adjutant's General Office for the Civil Air Patrol.

SECTION 43 - P40 - S.C. CONSERVATION BANK

     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.
     43.2.      (CB: General Fund Transfer to Conservation Bank)  DELETED

SECTION 44 - B04 - JUDICIAL DEPARTMENT

     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 89.24(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.      (JUD: Administrative Law Court)  DELETED
     44.18.      (JUD: Water Litigation)  DELETED
     44.19.      (JUD: ALC Operating Funds)  DELETED
     44.20.      (JUD: Marshal of the Supreme Court)  If the provisions of paragraph 49A.5 of this Part apply July 1, 2009, then the Office of State Budget shall transfer all amounts otherwise appropriated and FTE's authorized in Part IA, Section 44.V.D. of this act for the operations of the Marshal of the Supreme Court to the appropriations categories of those agencies from whence those funds and FTE's were drawn to provide for the Marshal of the Supreme Court.

SECTION 45 - E20 - ATTORNEY GENERAL'S OFFICE

     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.
     45.11.      (AG: Auction Rate Securities Settlement/Water Rights)  The Attorney General's Office is authorized to utilize up to $2,200,000 of funds from the "Auction Rate Securities Settlement" to pay for expenses and fees associated with the South Carolina vs. North Carolina water lawsuit (United States Supreme Court original Jurisdiction Case Number 138.)  The $2,200,000 shall not include the $750,000 the Attorney General's Office currently allocates for securities enforcement expenses.  The Attorney General's Office is authorized to use a portion of the $2,200,000 to reimburse Water Litigation expenses incurred in the prior fiscal year.

SECTION 46 - E21 - PROSECUTION COORDINATION COMMISSION

     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.      (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.
     46.8.      (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 of those charges prosecuted by assistant solicitors compensated with these funds.  If not privileged information by law, the report shall at a minimum include an accounting of the expenditures of the funds as well as 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.
     46.9.      (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 of those charges prosecuted by assistant solicitors compensated with these funds.  The report shall at a minimum include an accounting of the expenditure of the funds as well as information and statistics regarding the location, the number and type of driving under the influence charges, the number of cases prosecuted, and the disposition of the cases.

SECTION 47 - E23 - COMMISSION ON INDIGENT DEFENSE

     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 cap