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 $2,034 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 2009-10, the total pupil count is projected to be 691,816.  The average per pupil funding is projected to be $4,153 state, $1,296 federal, and $5,792 local.  This is an average total funding level of $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 2009-10, the Abbeville School District total pupil count is projected to be 2,911.  The per pupil funding is projected to be $6,059 state, $1,616 federal, and $3,604 local.  This is a total projected funding level of $11,279 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Aiken School District total pupil count is projected to be 23,640.  The per pupil funding is projected to be $4,084 state, $1,225 federal, and $3,673 local.  This is a total projected funding level of $8,982 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Allendale School District total pupil count is projected to be 1,454.  The per pupil funding is projected to be $7,310 state, $1,764 federal, and $3,978 local.  This is a total projected funding level of $13,053 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Anderson School District 1 total pupil count is projected to be 9,168.  The per pupil funding is projected to be $4,053 state, $656 federal, and $3,485 local.  This is a total projected funding level of $8,194 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Anderson School District 2 total pupil count is projected to be 3,694.  The per pupil funding is projected to be $4,573 state, $609 federal, and $3,780 local.  This is a total projected funding level of $8,962 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Anderson School District 3 total pupil count is projected to be 2,558.  The per pupil funding is projected to be $4,919 state, $1,370 federal, and $3,857 local.  This is a total projected funding level of $10,146 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Anderson School District 4 total pupil count is projected to be 2,901.  The per pupil funding is projected to be $3,850 state, $1,231 federal, and $7,007 local.  This is a total projected funding level of $12,087 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Anderson School District 5 total pupil count is projected to be 11,985.  The per pupil funding is projected to be $4,277 state, $1,488 federal, and $4,675 local.  This is a total projected funding level of $10,440 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Bamberg School District 1 total pupil count is projected to be 1,377.  The per pupil funding is projected to be $5,491 state, $1,675 federal, and $3,723 local.  This is a total projected funding level of $10,889 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Bamberg School District 2 total pupil count is projected to be 872.  The per pupil funding is projected to be $6,126 state, $2,011 federal, and $4,334 local.  This is a total projected funding level of $12,471 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Barnwell School District 19 total pupil count is projected to be 747.  The per pupil funding is projected to be $5,256 state, 2,578 federal, and $3,900 local.  This is a total projected funding level of $11,734 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Barnwell School District 29 total pupil count is projected to be 972.  The per pupil funding is projected to be $4,544 state, $1,466 federal, and $3,305 local.  This is a total projected funding level of $9,315 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Barnwell School District 45 total pupil count is projected to be 2,445.  The per pupil funding is projected to be $4,898 state, $1,177 federal, and $2,970 local.  This is a total projected funding level of $9,045 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Beaufort School District total pupil count is projected to be 18,425.  The per pupil funding is projected to be $1,379 state, $1,703 federal, and $12,157 local.  This is a total projected funding level of $15,240 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Berkeley School District total pupil count is projected to be 28,058.  The per pupil funding is projected to be $4,119 state, $959 federal, and $5,655 local.  This is a total projected funding level of $10,733 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Calhoun School District total pupil count is projected to be 1,569.  The per pupil funding is projected to be $5,309 state, $1,495 federal, and $6,632 local.  This is a total projected funding level of $13,436 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Charleston School District total pupil count is projected to be 40,639.  The per pupil funding is projected to be $2,703 state, $1,593 federal, and $9,874 local.  This is a total projected funding level of $14,169 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Cherokee School District total pupil count is projected to be 8,868.  The per pupil funding is projected to be $4,696 state, $1,558 federal, and $4,801 local.  This is a total projected funding level of $11,055 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Chester School District total pupil count is projected to be 5,503.  The per pupil funding is projected to be $4,761 state, $1,970 federal, and $5,050 local.  This is a total projected funding level of $11,781 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Chesterfield School District total pupil count is projected to be 7,730.  The per pupil funding is projected to be $4,700 state, $1,453 federal, and $3,303 local.  This is a total projected funding level of $9,457 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Clarendon School District 1 total pupil count is projected to be 840.  The per pupil funding is projected to be $5,935 state, $1,629 federal, and $6,690 local.  This is a total projected funding level of $14,254 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Clarendon School District 2 total pupil count is projected to be 2,974.  The per pupil funding is projected to be $5,239 state, $1,897 federal, and $2,517 local.  This is a total projected funding level of $9,653 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Clarendon School District 3 total pupil count is projected to be 1,207.  The per pupil funding is projected to be $5,095 state, $1,013 federal, and $2,570 local.  This is a total projected funding level of $8,678 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Colleton School District total pupil count is projected to be 5,918.  The per pupil funding is projected to be $4,822 state, $2,250 federal, and $4,576 local.  This is a total projected funding level of $11,648 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Darlington School District total pupil count is projected to be 10,522.  The per pupil funding is projected to be $4,772 state, $1,642 federal, and $5,340 local.  This is a total projected funding level of $11,754 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Dillon School District 1 total pupil count is projected to be 794.  The per pupil funding is projected to be $5,326 state, $1,824 federal, and $2,183 local.  This is a total projected funding level of $9,333 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Dillon School District 2 total pupil count is projected to be 3,380.  The per pupil funding is projected to be $4,771 state, $1,738 federal, and $1,733 local.  This is a total projected funding level of $8,243 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Dillon School District 3 total pupil count is projected to be 1,616.  The per pupil funding is projected to be $4,457 state, $1,209 federal, and $2,199 local.  This is a total projected funding level of $7,865 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Dorchester School District 2 total pupil count is projected to be 21,969.  The per pupil funding is projected to be $3,790 state, $641 federal, and $4,399 local.  This is a total projected funding level of $8,830 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Dorchester School District 4 total pupil count is projected to be 2,190.  The per pupil funding is projected to be $4,807 state, $1,918 federal, and $6,918 local.  This is a total projected funding level of $13,643 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Edgefield School District total pupil count is projected to be 3,795.  The per pupil funding is projected to be $5,158 state, $972 federal, and $3,879 local.  This is a total projected funding level of $10,010 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Fairfield School District total pupil count is projected to be 2,940.  The per pupil funding is projected to be $5,175 state, $2,003 federal, and $8,343 local.  This is a total projected funding level of $15,520 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Florence School District 1 total pupil count is projected to be 15,203.  The per pupil funding is projected to be $4,228 state, $1,408 federal, and $4,867 local.  This is a total projected funding level of $10,503 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Florence School District 2 total pupil count is projected to be 1,230.  The per pupil funding is projected to be $4,848 state, $1,099 federal, and $4,008 local.  This is a total projected funding level of $9,956 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Florence School District 3 total pupil count is projected to be 3,485.  The per pupil funding is projected to be $5,106 state, $3,087 federal, and $2,584 local.  This is a total projected funding level of $10,777 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Florence School District 4 total pupil count is projected to be 814.  The per pupil funding is projected to be $7,302 state, $1,950 federal, and $4,728 local.  This is a total projected funding level of $13,980 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Florence School District 5 total pupil count is projected to be 1,395.  The per pupil funding is projected to be $5,314 state, $1,213 federal, and $3,867 local.  This is a total projected funding level of $10,394 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Georgetown School District total pupil count is projected to be 9,467.  The per pupil funding is projected to be $3,604 state, $1,411 federal, and $7,484 local.  This is a total projected funding level of $12,499 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Greenville School District total pupil count is projected to be 69,784.  The per pupil funding is projected to be $3,898 state, $1,040 federal, and $4,969 local.  This is a total projected funding level of $9,908 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Greenwood School District 50 total pupil count is projected to be 8,922.  The per pupil funding is projected to be $4,412 state, $1,143 federal, and 6,156 local.  This is a total projected funding level of $11,712 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Greenwood School District 51 total pupil count is projected to be 1,053.  The per pupil funding is projected to be $5,397 state, $1,143 federal, and $4,229 local.  This is a total projected funding level of $10,770 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Greenwood School District 52 total pupil count is projected to be 1,593.  The per pupil funding is projected to be $3,152 state, $867 federal, and $6,296 local.  This is a total projected funding level of $10,314 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Hampton School District 1 total pupil count is projected to be 2,607.  The per pupil funding is projected to be $5,135 state, $1,516 federal, and $2,876 local.  This is a total projected funding level of $9,526 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Hampton School District 2 total pupil count is projected to be 1,047.  The per pupil funding is projected to be $7,510 state, $2,148 federal, and $4,070 local.  This is a total projected funding level of $13,728 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Horry School District total pupil count is projected to be 37,225.  The per pupil funding is projected to be $3,391 state, $1,336 federal, and $7,836 local.  This is a total projected funding level of $12,563 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Jasper School District total pupil count is projected to be 3,274.  The per pupil funding is projected to be $4,373 state, $1,793 federal, and $6,546 local.  This is a total projected funding level of $12,713 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Kershaw School District total pupil count is projected to be 10,267.  The per pupil funding is projected to be $4,588 state, $1,183 federal, and $4,653 local.  This is a total projected funding level of $10,424 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Lancaster School District total pupil count is projected to be 11,786.  The per pupil funding is projected to be $4,200 state, $1,641 federal, and $4,597 local.  This is a total projected funding level of $10,437 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Laurens School District 55 total pupil count is projected to be 5,559.  The per pupil funding is projected to be $4,855 state, $1,382 federal, and $3,520 local.  This is a total projected funding level of $9,757 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Laurens School District 56 total pupil count is projected to be 3,058.  The per pupil funding is projected to be $5,020 state, $2,023 federal, and $3,725 local.  This is a total projected funding level of $10,768 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Lee School District total pupil count is projected to be 2,367.  The per pupil funding is projected to be $6,796 state, $2,105 federal, and $3,295 local.  This is a total projected funding level of $12,196 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Lexington School District 1 total pupil count is projected to be 22,013.  The per pupil funding is projected to be $4,174 state, $605 federal, and $6,914 local.  This is a total projected funding level of $11,693 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Lexington School District 2 total pupil count is projected to be 8,419.  The per pupil funding is projected to be $4,639 state, $1,270 federal, and $4,827 local.  This is a total projected funding level of $10,736 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Lexington School District 3 total pupil count is projected to be 1,987.  The per pupil funding is projected to be $4,959 state, $1,571 federal, and $6,565 local.  This is a total projected funding level of $13,095 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Lexington School District 4 total pupil count is projected to be 3,072.  The per pupil funding is projected to be $6,247 state, $2,329 federal, and $3,847 local.  This is a total projected funding level of $12,423 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Lexington School District 5 total pupil count is projected to be 16,235.  The per pupil funding is projected to be $4,650 state, $672 federal, and $7,042 local.  This is a total projected funding level of $12,363 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Marion School District 1 total pupil count is projected to be 2,653.  The per pupil funding is projected to be $5,025 state, $2,221 federal, and $2,712 local.  This is a total projected funding level of $9,959 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Marion School District 2 total pupil count is projected to be 1,857.  The per pupil funding is projected to be $4,838 state, $2,792 federal, and $2,864 local.  This is a total projected funding level of $10,495 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Marion School District 7 total pupil count is projected to be 694.  The per pupil funding is projected to be $7,773 state, $1,892 federal, and 2,989 local.  This is a total projected funding level of $12,654 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Marlboro School District total pupil count is projected to be 4,274.  The per pupil funding is projected to be $5,702 state, $2,037 federal, and $2,881 local.  This is a total projected funding level of $10,620 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the McCormick School District total pupil count is projected to be 831.  The per pupil funding is projected to be $4,428 state, $2,322 federal, and $8,688 local.  This is a total projected funding level of $15,439 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Newberry School District total pupil count is projected to be 5,762.  The per pupil funding is projected to be $4,910 state, $1,596 federal, and $6,399 local.  This is a total projected funding level of $12,905 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Oconee School District total pupil count is projected to be 10,274.  The per pupil funding is projected to be $3,852 state, $1,291 federal, and $7,284 local.  This is a total projected funding level of $12,427 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Orangeburg School District 3 total pupil count is projected to be 2,878.  The per pupil funding is projected to be $5,560 state, $2,075 federal, and $6,098 local.  This is a total projected funding level of $13,733 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Orangeburg School District 4 total pupil count is projected to be 3,836.  The per pupil funding is projected to be $5,002 state, $1,614 federal, and $4,917 local.  This is a total projected funding level of $11,533 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Orangeburg School District 5 total pupil count is projected to be 6,392.  The per pupil funding is projected to be $5,139 state, $1,900 federal, and $5,795 local.  This is a total projected funding level of $12,834 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Pickens School District total pupil count is projected to be 16,210.  The per pupil funding is projected to be $4,040 state, $1,034 federal, and $4,727 local.  This is a total projected funding level of $9,801 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Richland School District 1 total pupil count is projected to be 23,060.  The per pupil funding is projected to be $4,542 state, $2,072 federal, and $7,897 local.  This is a total projected funding level of $14,511 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Richland School District 2 total pupil count is projected to be 24,669.  The per pupil funding is projected to be $4,028 state, $903 federal, and $6,326 local.  This is a total projected funding level of $11,256 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Saluda School District total pupil count is projected to be 2,047.  The per pupil funding is projected to be $4,971 state, $1,228 federal, and $3,936 local.  This is a total projected funding level of $10,135 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Spartanburg School District 1 total pupil count is projected to be 5,009.  The per pupil funding is projected to be $4,538 state, $1,054 federal, and $4,840 local.  This is a total projected funding level of $10,432 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Spartanburg School District 2 total pupil count is projected to be 9,656.  The per pupil funding is projected to be $4,212 state, $939 federal, and $3,747 local.  This is a total projected funding level of $8,898 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Spartanburg School District 3 total pupil count is projected to be 2,929.  The per pupil funding is projected to be $4,791 state, $1,190 federal, and $5,288 local.  This is a total projected funding level of $11,269 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Spartanburg School District 4 total pupil count is projected to be 2,881.  The per pupil funding is projected to be $4,465 state, $850 federal, and $4,388 local.  This is a total projected funding level of $9,702 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Spartanburg School District 5 total pupil count is projected to be 7,679.  The per pupil funding is projected to be $3,847 state, $760 federal, and $6,675 local.  This is a total projected funding level of $11,282 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Spartanburg School District 6 total pupil count is projected to be 10,132.  The per pupil funding is projected to be $4,180 state, $960 federal, and $4,943 local.  This is a total projected funding level of $10,082 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Spartanburg School District 7 total pupil count is projected to be 7,261.  The per pupil funding is projected to be $4,999 state, $1,899 federal, and $7,071 local.  This is a total projected funding level of $13,969 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Sumter School District 2 total pupil count is projected to be 8,354.  The per pupil funding is projected to be $4,629 state, $1,784 federal, and $3,393 local.  This is a total projected funding level of $9,805 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Sumter School District 17 total pupil count is projected to be 8,385.  The per pupil funding is projected to be $4,607 state, $1,947 federal, and $3,164 local.  This is a total projected funding level of $9,718 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Union School District total pupil count is projected to be 4,403.  The per pupil funding is projected to be $5,204 state, $1,246 federal, and $2,788 local.  This is a total projected funding level of $9,238 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the Williamsburg School District total pupil count is projected to be 4,980.  The per pupil funding is projected to be $5,085 state, $3,005 federal, and $3,277 local.  This is a total projected funding level of $11,367 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the York School District 1 total pupil count is projected to be 5,187.  The per pupil funding is projected to be $4,303 state, $1,065 federal, and $4,189 local.  This is a total projected funding level of $9,557 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the York School District 2 total pupil count is projected to be 6,353.  The per pupil funding is projected to be $3,125 state, $527 federal, and $8,218 local.  This is a total projected funding level of $11,870 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the York School District 3 total pupil count is projected to be 17,459.  The per pupil funding is projected to be $4,377 state, $770 federal, and $6,085 local.  This is a total projected funding level of $11,232 excluding revenues of local bond issues.
     In Fiscal Year 2009-10, the York School District 4 total pupil count is projected to be 10,187.  The per pupil funding is projected to be $3,666 state, $404 federal, and 6,771 local.  This is a total projected funding level of $10,840 excluding revenues of local bond issues.
     1.4.      (SDE: EFA - Formula)  The amount appropriated in Part IA, Section 1 for "Education Finance Act" shall be the maximum paid under the provisions of Act 163 of 1977 (the South Carolina Education Finance Act of 1977) to the aggregate of all recipients.  The South Carolina Education Department shall develop formulas to determine the state and required local funding as stipulated in the South Carolina Education Finance Act of 1977.  Such formulas shall require the approval of the State Board of Education and the Budget and Control Board.  After computing the EFA allocations for all districts, the department shall determine whether any districts' minimum required local revenue exceeds the districts' total EFA Foundation Program.  When such instance is found, the department shall adjust the index of taxpaying ability to reflect a local effort equal to the cost of the districts' EFA Foundation Program.  The districts' weighted pupil units are to be included in determination of the funds needed for implementation of the Education Finance Act statewide.
     In the event that the formulas as devised by the Department of Education and approved by the State Board of Education and the Budget and Control Board should provide for distribution to the various school districts totaling more than the amount appropriated for such purposes, subject to the provisions of this proviso, the Department of Education shall reduce each school district entitlement by an equal amount per weighted pupil so as to bring the total disbursements into conformity with the total funds appropriated for this purpose.  If a reduction is required in the state's contribution, the required local funding shall be reduced by the proportionate share of local funds per weighted pupil unit.  The Department of Education shall continually monitor the distribution of funds under the provisions of the Education Finance Act and shall make periodic adjustments to disbursements to insure that the aggregate of such disbursements do not exceed the appropriated funds.
     Local districts shall not be mandated or required to inflate the base number in their respective salary schedules by any percentage greater than the percentage by which the appropriated base student cost exceeds the appropriated base student cost of the prior fiscal year.
     1.5.      (SDE: Employer Contributions/Allocations)  It is the intent of the General Assembly that the appropriation contained herein for "Public School Employee Benefits" shall not be utilized to provide employer contributions for any portion of a school district employee's salary which is federally funded.
     State funds allocated for school district employer contributions must be allocated by the formula and must be used first by each district to cover the cost of fringe benefits for personnel required by the Defined Program, food service personnel and other personnel required by law.  Once a district has expended all state allocated funds for fringe benefits, the district may utilize food service revenues to fund a proportionate share of fringe benefits costs for food service personnel.
     The Department of Juvenile Justice and the Department of Corrections' school districts must be allocated funds under the fringe benefits program in accordance with criteria established for all school districts.
     1.6.      (SDE: Employer Contributions/Obligations)  In order to finalize each school district's allocations of Employer Contributions funds for retiree insurance from the prior fiscal year, the Department of Education is authorized to adjust a school district's allocation in the current fiscal year accordingly to reflect actual payroll and payments to the Retirement System from the prior fiscal year.  In the event the Department of Education is notified that an educational subdivision has failed to remit proper payments to cover Employee Fringe Benefit obligations, the Department of Education is directed to withhold the educational subdivision's state funds until such obligations are met.
     1.7.      (SDE: Governor's School for Science & Math)  Any unexpended balance on June 30 of the prior fiscal year of funds appropriated to or generated by the Governor's School for Science and Mathematics may be carried forward and expended in the current fiscal year pursuant to the direction of the board of trustees of the school.
     1.8.      (SDE: Educational Responsibility/Foster Care)  The responsibility for providing a free and appropriate public education program for all children including disabled students is vested in the public school district wherein a child of lawful school age resides in a foster home, group home, orphanage, or a state operated health care facility including a facility for treatment of mental illness or chemical dependence and habilitation centers for mentally retarded persons or persons with related conditions located within the jurisdiction of the school district or alternative residences.  The districts concerned may agree upon acceptable local cost reimbursement.  If no agreement is reached, districts providing education shall receive from the district where the child last resided before placement in a facility an additional amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act.  If a child from out of state is residing in a facility owned and/or operated by a for profit entity, the district providing educational services shall be reimbursed by the for profit entity the local district's local support per weighted pupil above the statewide average base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act.  This also applies to John de la Howe School who also has the authority to seek reimbursement in any situation that the school district has participation in the placement of the student.  John de la Howe school shall be reimbursed the local district's local support per weighted pupil above the statewide average base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act.  Participation will be evidenced by a written agreement from the IEP team or 504 team, written referral, or the school district initiating the placement process.  School districts providing the education shall notify the nonresident district in writing within 45 calendar days that a student from the nonresident district is receiving education services pursuant to the provisions of the proviso.  The notice shall also contain the student's name, date of birth, and disabling condition if available.  If appropriate financial arrangements cannot be effected between institutions of the state, including independent school districts under the authority of the Department of Disabilities and Special Needs, and school districts, institutions receiving educational appropriations shall pay the local base student cost multiplied by the appropriate pupil weighting.  Children residing in institutions of state agencies shall be educated with nondisabled children in the public school districts if appropriate to their educational needs.  Such institutions shall determine, on an individual basis, which children residing in the institution might be eligible to receive appropriate educational services in a public school setting.  Once these children are identified, the institution shall convene an IEP meeting with officials of the public school district in which the institution is located.  If it is determined by the committee that the least restrictive environment in which to implement the child's IEP is a public school setting, then the school district in which the institution is located must provide the educational services.  However, that school district may enter into contractual agreements with any other school district having schools located within a 45 mile radius of the institution.  The cost for educating such children shall be allocated in the following manner:  the school district where the child last resided before being placed in an institution shall pay to the school district providing the educational services an amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act; the school district providing the educational services shall be able to count the child for all funding sources, both state and federal.  The institution and school district, through contractual agreements, will address the special education and related services to be provided to students.  Should the school district wherein the institution is located determine that the child cannot be appropriately served in a public school setting, then the institution may request a due process hearing pursuant to the procedures provided for in the Individuals with Disabilities Education Act.
     The agreed upon acceptable local cost reimbursement or the additional amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting set forth in Section 59-20-40, for instructional services provided to out-of-district students, shall be paid within 60 days of billing, provided the billing district has provided a copy of the invoice to both the Superintendent and the finance office of the district being invoiced.  Should the district not pay within 60 days, the billing district can seek relief from the Department of Education.  The department shall withhold EFA funding equal to the billing from the district refusing to pay and submit the funding (equal to the invoice) to the billing school district.
     The agency placing a child in any situation that requires changing school districts, must work with the schools to assure that all required school records, including confidential records, are transferred from the sending to the receiving school within three working days.  School records to be transferred should include grade transcripts, state birth certificate, certificate of immunization, social security card, attendance records, discipline records, IEP's, psychological reports (or notation in the school records that a psychological report on the child is available at the school district office) and any other records necessary for the appropriate placement of the child in the new school.  School districts must release all records upon presentation of a court order or appropriate permission for confidential release.  If evaluation or placement is pending, the receiving school district is responsible to secure information and to complete the placement.  The receiving school will maintain appropriate confidentiality of all records received on a child.
     1.9.      (SDE: Disabled/Preschool Children)  The state funding for free appropriate public education provided for the three and four-year-old disabled children served under Act 86 of 1993, shall be distributed based on the district's index of taxpaying ability as defined in Section 59-20-20(3).  Five-year-old disabled children shall continue to be funded under the Education Finance Act of 1977.
     1.10.      (SDE: Instruction in Juvenile Detention Centers)  It shall be the responsibility of the school district where a local juvenile detention center is located to provide adequate teaching staff and to ensure compliance with the educational requirements of this State.  Students housed in local detention centers are to be included in the average daily membership count of students for that district and reimbursement by the Department of Education made accordingly.
     1.11.      (SDE: Revenue Authorization)  The State Department of Education is hereby authorized to collect, expend, and carry forward revenues in the following areas to offset the cost of providing such services:  the sale of publications, manuals and forms, the sale of Apple Tags, royalties, contributions, donations, foundation funds, special grants and contracts, brochures, photo copies, listings and labels, Directory of South Carolina Schools, student health record cards, items to be recycled, and high school diplomas and certificates; the collection of out-of-state and in-state investigation fees, registration fees for non-SDE employees, recurring facility inspection fees, teacher certification fees; the handling of audio-visual film; the provision of contract computer services to school districts and other state agencies, joint broadcast service to school districts, and education-related statistics through agreement with the National Center for Education Statistics; the lease or sale of programs of television, audio or microcomputer software; the collection of damage fees for instructional materials and the sale of unusable instructional materials; sale of fuel; use and repair of transportation equipment; fees for Medicaid reimbursable transportation; the receipt of insurance and warranty payments on Department of Education equipment and the sale of used school buses and support equipment.  The Department of Education is authorized to collect revenue for deposit into the State General Fund for testing material purchases and test rescoring fees.  The Department of Education is authorized to expend revenue collected for lost and damaged instructional materials and the sale of unusable instructional materials for the purpose of contracting for the purchase and maintenance of a statewide textbook inventory management system, provided that schools' newly-adopted instructional materials needs are met first.
     1.12.      (SDE: School District Bank Accounts)  Each school district in this State, upon the approval of the district's governing body, may maintain its own bank account for the purpose of making disbursement of school district funds as necessary to conduct school district business and each county treasurer is hereby authorized to transfer such amount as needed, upon receipt of a written order certified by the district governing body or their designee.  Such order shall contain a statement that such amount is for immediate disbursement for the payment of correct and legal obligation of the school district.
     1.13.      (SDE: School Lunch Program Aid)  The amount appropriated herein for School Lunch Program Aid shall be divided among the District and/or County Boards of Education of the State upon the basis of the number of schools participating in the School Lunch Program in each district during the prior school year.  The travel expenses of the District and/or County School Lunch Supervisor shall be paid from this appropriation at the prevailing rate of mileage allowed by the State.  These funds may be used as an aid in improving the School Lunch Program.  These funds may not be used to supplement the salaries of school lunch supervisors.  In the absence of a County Board of Education in multi-district counties, the funds will be divided among the school districts of the county on the basis of the number of schools participating in the School Lunch Program in each district during the prior school year.
     1.14.      (SDE: Teachers/Temporary Certificates)  Of the funds provided for teacher salaries funds may be used to pay salaries for those teachers holding temporary certificates which shall remain valid for the current school year if the local board of education so requests.  The State Department of Education shall submit to the General Assembly by March 1 of the current fiscal year a report showing by district the number of temporary certificates by category; including an enumeration of the certificates carried forward from the previous year.  No temporary certificate shall be continued more than twice.
     1.15.      (SDE: Travel/Outside of Continental U.S.)  School District allocations from General Funds and EIA funds shall not be used for travel outside of the continental United States.  The International Baccalaureate Program shall be exempt from this restriction.
     1.16.      (SDE: Year End Closeout)  The State Department of Education is authorized to expend federal and earmarked funds (not including state or EIA funds) in the current fiscal year for expenditures incurred in the prior year; however, state funds appropriated in Part IA, Section 1, XIII, Aid to School Districts, for the Children's Case Resolution System or private placements for services provided to children with disabilities may be used for those expenditures in prior fiscal years.  The department is also authorized to use appropriated funds to pay for textbooks shipped in the fourth quarter of the prior fiscal year.
     1.17.      (SDE: Transportation Collaboration)  The Department of Education School Bus Maintenance Shops shall be permitted, on a cost reimbursable-plus basis, to deliver transportation maintenance and services to vehicles owned or operated by public agencies in South Carolina.
     School buses operated by school districts, other governmental agencies or head start agencies for the purpose of transporting students for school or school related activities shall not be subject to state motor fuel taxes.  Further, that school districts, other governmental agencies or head start agencies may purchase this fuel, on a cost reimbursable-plus basis, from the Department of Education School Bus Maintenance Shops.
     1.18.      (SDE: Assisting, Developing, and Evaluating Professional Teaching--ADEPT)  Funds appropriated in Part IA, Section 1, XIII.A-Aid to School Districts-Aid to Subdivision-APT/ADEPT, may be used for the implementation of the ADEPT system.  Of the funds appropriated, ten percent is to be used to pay colleges and universities for ADEPT services.  The remaining funds will be distributed to school districts, School for the Deaf and the Blind, John de la Howe School, Governor's School for Arts and Humanities and the Department of Juvenile Justice on a per induction contract teacher basis to offset the costs of implementing the ADEPT program.  Governing boards of public institutions of higher education may provide by policy or regulation for a tuition waiver for the tuition for one three-hour course at that institution for those public school teachers who serve as supervisors for full-time students completing education degree requirements.  Of the funds appropriated in the prior fiscal year, unexpended funds may be carried forward to the current fiscal year and expended for the same purposes.
     1.19.      (SDE: Summer Exit Exam Cost)  Funds appropriated in Part IA, Section 1, III may be used to offset the costs of the summer administration of the Exit Examination.  These funds may be expended to cover the costs related to developing, printing, shipping, scoring, and reporting the results of the assessments.  Local school districts may absorb local costs related to administration.
     1.20.      (SDE: Defined Program Personnel Requirements)  Administrative positions requiring State Board of Education teacher or administrator certification, may only be filled by individuals receiving a W-2 (or other form should the Internal Revenue Service change the individual reporting form to another method) from the hiring school district.  Any public school district or special school that hires a corporation, partnership, or any other entity other than an individual to fill such positions will have its EFA and or EIA allocation reduced by the amount paid to that corporation, partnership, or other entity.  Compliance with this requirement will be made part of the single audit process of local public school districts as monitored by the State Department of Education.  Temporary instructional positions for special education, art, music, critical shortage fields as defined by the State Board of Education, as well as temporary positions for grant writing and testing are excluded from this requirement.
     1.21.      (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, or WorkKeys test to tenth grade students to include the testing fee and report fee.  The selection of the test for each student should be informed by the student's individual graduation plan (IGP) cluster selection, guidance counselor advisement and parent/legal guardian consent.  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 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 teacher candidate 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 teacher candidate 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.  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 2010-11 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.  In the event an official General Fund revenue shortfall is declared by the Board of Economic Advisors, the Department of Education may reduce any allocation in Section 1 specifically designated by proviso in accordance with the lower Board of Economic Advisors revenue estimate as directed by the Office of State Budget.  The reduction may not be greater than the total percentage of reduction of the Section 1 appropriation.  Should the department hold back funds in excess of the total percentage reduction those funds must be allocated per the 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 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$ite.  The school district shall report to the Department of Education the actual percentage of its per pupil expenditures used for classroom instruction, instructional support, and non-instruction pupil services for the school year ending June 30, 2010 2011.
     "In$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.
     School districts and special schools may carry forward unexpended funds from the prior fiscal year into the current fiscal year.
     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 2010-11 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 2009-10 2010-11, Section Sections 59-21-1030 and 59-20-50(4)(a) is are suspended.  Formative State mandated assessments not required by No Child Left Behind, formative assessments for grades one, two, and nine, the foreign language program assessment, financial literacy, 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.  Textbook purchases beyond that required for replacement of instructional material currently on the state adopted textbook list must be suspended.  Printing of school and district report cards shall be suspended.  The district or school shall email parents a link to the report cards if the school maintains parent email addresses in its student information system database.  The district or school shall notify parents about the report cards through its newsletters and other regular communication channels.  If a parent requests from the district or school a printed copy of the report card, the district or school will provide that printed copy without cost to the parent.      School districts and the Department of Education are granted permission to purchase the most economical type of bus fuel.
     For Fiscal Year 2010-11, savings generated from the suspension of the state mandated assessments, the suspension of new textbooks adoptions, and the suspension of report card printing enumerated above must be redirected to the Education Finance Act for teacher salary purposes.
     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)  Effective July 1, 2010, the state will not award loans to any teacher seeking National Board certification and will not pay a $7,500 salary supplement to any teacher receiving National Board certification unless the teacher had received National Board certification prior to July 1, 2010 or had completed application for National Board certification prior to July 1, 2010 and subsequently received National Board certification.  No state funds shall be paid to any teacher beyond the first ten years of receiving National Board certification except for those individuals who have applied for or subsequently receive their second ten year certification prior to July 1, 2010.  The Department of Education and the Education Oversight Committee shall work together to develop a pilot program to be administered by the department to determine the effectiveness of using the Salary Incentives for Teacher Excellence (SITE).  During Fiscal Year 2010-11, the department shall establish guidelines for the program, conduct an application process which requires at least two-thirds of the school's teachers to endorse the application, and select schools to participate in the pilot.  The department shall provide a report on the SITE to the General Assembly, the State Board of Education, and the Education Oversight Committee not later than January 15, 2011, including the names of schools participating in the pilot for the following fiscal year.
     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 or completed the application process prior to July 1, 2010 shall be paid a $7,500 salary supplement 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 by the department.  The department may retain up to ten percent of the funds collected to offset the administrative costs of loan collection.  All other funds shall be retained by the department and used for National Board loan 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 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 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 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.  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 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, 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.  District administrators shall be defined by the Department of Education using the Professional Certified Staff (PCS) System.  For individuals not coded in PCS, the determination shall be made based upon whether the individual performs the functions outlined in position codes identified by the department as administration.  Educators who would have received a year's experience credit had a furlough not been implemented, shall not have their experience credit negatively impacted because of a furlough implementation.
     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: 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.
     1.58.      (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.
     1.59.      (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.
     1.60.      (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.
     1.61.      (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 2009-10 2010-11 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 2009-10 2010-11 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, 2010 15 of the current fiscal year.  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.
     If by October 1 of the school year at least 75% of the total number of eligible CDEPP children in a district or county are projected to be enrolled in CDEPP, Head Start or ABC Child Care Program as determined by the Department of Education and the Office of First Steps, CDEPP providers may then enroll pay-lunch children who score at or below the 25th national percentile on two of the three DIAL-3 subscales and may receive reimbursement for these children if funds are available.
     (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 2009-10 2010-11 school year, the funded cost per child shall be $4,093 $4,218 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.  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, 2010 15th of the current fiscal year.  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.  The annual evaluation will address the implementation, accountability, and effectiveness of CDEPP.
     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.
     1.62.      (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.
     1.63.      (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.
     1.64.      (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.
     1.65.      (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.
     1.66.      (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.
     1.67.      (SDE: Education Finance Act Reserve Fund)   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.
     1.68.      (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 assessment and associated professional development.  For Fiscal Year 2009-10, the department may field test the revised physical education assessment.
     1.69.      (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.
     1.70.      (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.
     1.71.      (SDE: Charter School Funding Schedule)  Of the funds appropriated, districts with 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.
     1.72.      (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 comparable adequate space for the educational programs and services consistent with the all federal and state least restrictive environment requirements.  Adequate space shall include appropriate electrical support and Internet accessibility. Under Unless the parent or legal guardian of the student seeks to continue the student's enrollment in the resident school district under a medical homebound instruction program and the district approves, if appropriate, then, under these circumstances, the facility school district may choose to shall 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 including 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.  If the facility school district determines the educational program being offered by the RTF does not meet the educational standards outlines in the contract, the facility district shall be justified in terminating the contract.
     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.  Should the facility school district be unable to reach agreement with the resident school district regarding reasonable costs differences, the facility school district shall notify the Department of Education's Office of General Counsel.  The Department of Education shall facilitate a resolution of the dispute between the facility school district and the resident school district.  If the issue of reasonable cost differences should remain unresolved, the case shall be referred to the Administrative Law Court for a final decision.
     If a child from out of state is placed in a RTF by an out-of-state school district or agency, the child's home state remains responsible for the educational services.  The facility school district may choose to provide the educational program to the child and, upon choosing to do so, shall contract with the appropriate entity for payment of educational serviced provided to the child.
     If a child is placed in a RTF by the child's parent or guardian, the facility school district may choose to provide the educational program to the child, and upon doing so, must negotiate with the resident school district for services through medical homebound procedures.  A facility school district is responsible for compliance with all child find requirements under Section 504 of the Rehabilitation Act of 1973 and IDEA.
     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.  The performance of students residing in a RTF who receive their educational program on site at the RTF must be reflected on a separate line on the facility school district's report card and must not be included in the overall performance ratings of the facility school district.  The Department of Education shall examine the feasibility of issuing report cards for RTFs.  For the 2010-11 school year, a facility school district shall not have the district's state accreditation rating negatively impacted by deficiencies related to the delivery of an educational program at a RTF.
     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.  The Department of Education, in collaboration with state placing agencies, RTFs, facility school districts, and resident school districts, shall implement a system to follow the release of students from a RTF and re-enrollment in public, private, or special schools to ensure these students, when appropriate, are not recorded as dropouts.
     The Department of Education shall convene a task force to research and make recommendations to the State Superintendent of Education by December 1, 2010, regarding oversight of the educational programs provided to students residing in a RTF.  Recommendations may include, but not be limited to, implementing a system of state oversight, state standards for an appropriate educational program for students residing in a RTF, and requirements for collaboration between the Department of Health and Environmental Control and the Department of Education regarding educational program requirements when new RTFs are licensed.  The task force shall include, but not be limited to, representation of the following groups:  state placing agencies, RTFs, facility school districts, resident school districts, Department of Health and Environmental Control, and other interested entities.  The report shall be made available to the General Assembly no later than January 1, 2011.
     1.73.      (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.
     1.74.      (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.
     1.75.      (SDE: Special Schools Flexibility)  For Fiscal Year 2009-10 the special schools are authorized to transfer funds among funding categories, including capital funds.
     1.76.      (SDE: High School Driver Education)  For Fiscal Year 2010-11 the requirement for high schools to provide a course in driver education is suspended however, high schools may continue to offer driver education courses if they choose to do so.  The Department of Education is directed to survey school districts and collect information concerning, but not limited to, the costs of delivering the driver education program, the number of students participating in the program, and recommendations regarding continuation of the program.  The department shall submit a report outlining the survey findings and recommended changes to the public school driver education course to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee by January 1, 2011.  The Department of Education shall work with the Department of Motor Vehicles in collecting and reporting driver education input.
     1.77.      (SDE: Background Checks for Substitute Teachers)  Each individual hired by a local board of trustees to serve as a substitute teacher must undergo a name based South Carolina criminal records search conducted by the local school district using records maintained by the State Law Enforcement Division (SLED).  District school boards of trustees must adopt a written policy outlining this requirement as well as how the information received from the background check will impact hiring decisions.  The policy must include, at a minimum, hiring recommendations relative to felony convictions and relevant "just cause" examples cited in Section 59-25-160 of the 1976 Code.  The policy shall stipulate whether the district or the applicant assumes the cost of the criminal record search.  SLED, working with the Department of Education, shall provide training to appropriate school district personnel regarding appropriate use of the information provided in background checks.  The Department of Education shall adopt a model policy.
     1.78.      (SDE: Program Reports)  For Fiscal Year 2010-11, all programmatic reports required by the General Assembly shall be suspended.  However, the department shall annually continue to provide the Accountability Report or other reports required specifically for annual budget preparation.  By December 1, 2010, the department shall develop and provide to the Senate Finance Committee and the House of Representatives Ways and Means Committee a template outlining a triennial reporting cycle for all program reports required by the General Assembly.  The template shall outline which of the required reports will be provided in each of the three years.  During the Fiscal Year 2010-11 program report suspension, the department shall continue to collect all required information.
     1.79.      (SDE: Consolidated Funds Allocation)  In the current fiscal year, funds consolidated from the Middle School Initiative, Credits for High School Diploma, and Principal Salary Supplement programs will be allocated to school districts based solely on the number of weighted pupil units in each district.
     1.80.      (SDE: Index of Taxpaying Ability)  For the current fiscal year, the provisions of Section 59-20-20(3) of the 1976 Code providing for the calculation of the Index of Taxpaying Ability are suspended.  In lieu of the index as calculated pursuant to that provision, the index as calculated by the Department of Revenue for 2009 applies for the current fiscal year.
     1.81.      (SDE: Single Gender Charter Schools)  A person or nonprofit corporate entity may seek to form a single gender charter school.
     1.82.      (SDE: Charter School Funding)  For Fiscal Year 2010-11 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.
     1.83.      (SDE: AED Study)  The Department of Education may coordinate a study to determine if training on the proper use of an automated external defibrillator (AED) should be required of all public and private high school instructional and administrative staff.  The department shall report the findings of the study to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee no later than January 31, 2011.

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 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.3.      (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.4.      (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.5.      (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.6.      (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 $48,172 $48,725.  The statewide minimum teacher salary schedule used in Fiscal Year 2008-09 will continue to be used in Fiscal Year 2009-10 2010-11.  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.7.      (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.8.      (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.9.      (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.10.      (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, 50% may only be used by the State Department of Education to support its contracted program evaluations.  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 25%.  Provided further, for the current fiscal year, 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.11.      (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 92% to the Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) for a state teacher recruitment program, of which 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 $166,302 which must be used for specific programs to recruit minority teachers: and shall distribute 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 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.12.      (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.13.      (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 innovative practices in arts education curriculum, instruction, and assessment in the visual and performing arts including dance, music, theatre, and visual arts which incorporates strengths from the Arts in Education pilot sites.  They shall also be used to support the advancement of the implementation of the visual and performing arts academic standards.  These funds shall be distributed to schools and school districts 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, and administrators.  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.14.      (SDE-EIA: XI.C.2-National Board Certification Incentive)  Effective July 1, 2010, the state will not award loans to any teacher seeking National Board certification and will not pay a $7,500 salary supplement to any teacher receiving National Board certification unless the teacher had received National Board certification prior to July 1, 2010 or had completed application for National Board certification prior to July 1, 2010 and subsequently received National Board certification.  No state funds shall be paid to any teacher beyond the first ten years of receiving National Board certification except for those individuals who have applied for or subsequently receive their second ten year certification prior to July 1, 2010.  The Department of Education and the Education Oversight Committee shall work together to develop a pilot program to be administered by the department to determine the effectiveness of using the Salary Incentives for Teacher Excellence (SITE).  During Fiscal Year 2010-11, the department shall establish guidelines for the program, conduct an application process which requires at least two-thirds of the school's teachers to endorse the application, and select schools to participate in the pilot.  The department shall provide a report on the SITE to the General Assembly, the State Board of Education, and the Education Oversight Committee not later than January 15, 2011, including the names of schools participating in the pilot for the following fiscal year.
     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 or completed the application process prior to July 1, 2010 shall be paid a $7,500 salary supplement 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 by the department.  The department may retain up to ten percent of the funds collected to offset the administrative costs of loan collection.  All other funds shall be retained by the department and used for National Board loan 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 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 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 at risk.
     1A.15.      (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.16.      (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.17.      (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 up to 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 With remaining funds for this program, 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 allocation 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 the allocation.  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.18.      (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.19.      (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.20.      (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.21.      (SDE-EIA: Technical Assistance)  In order to best meet the needs of underperforming schools, funds appropriated for technical assistance to schools with an absolute rating of below average or at-risk on the most recent annual school report card must be allocated according to the severity of not meeting report card criteria.
     Schools receiving an absolute rating of below average or at-risk must develop and submit to the Department of Education a school renewal plan 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.
     With the funds appropriated to the Department of Education for technical assistance services, the department will assist schools with an absolute rating of 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 plan.  In addition, the department must monitor 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.  If the Education Oversight Committee or the 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 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.
     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.22.      (SDE-EIA: Proviso Allocations)  In the event an official EIA revenue shortfall is declared by the Board of Economic Advisors, the Department of Education may reduce any allocation in Section 1A specifically designated by proviso 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.23.      (SDE-EIA: School Districts and Special Schools Flexibility)  All school districts and special schools of this State may transfer 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.
     School districts and special schools may carry forward unexpended funds from the prior fiscal year into the current fiscal year.        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 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.24.      (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.25.      (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.26.      (SDE-EIA: PSAT/PLAN Reimbursement)  Funds appropriated for assessment shall be used to pay for the administration of the PSAT, or PLAN, or WorkKeys test to tenth grade students to include the testing fee and report fee.  The selection of the test for each student should be informed by the student's individual graduation plan (IGP) cluster selection, guidance counselor advisement and parent/legal guardian consent.  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 statewide accountability assessment.
     1A.27.      (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.28.      (SDE-EIA: Early Childhood Review)  From the funds appropriated for EIA Four-Year-Old Early Childhood, the Department of Education shall utilize up to $300,000 to provide monitoring and oversight of the program and to institute a plan for reviewing, tracking 4K students through fifth grade, examining components that have contributed to student academic success and to review on a district basis, early childhood assets of schools and districts based on 4K entry DIAL 3 scores, and South Carolina Readiness Assessment Reports professional development needs based on successful program components.  To accomplish this, the department shall use reports that analyze program assets and provide guidance to local schools on the effective use of the reports to enhance quality gaps.  Children will be tracked from early childhood programs to fifth grade and beyond to study the relationships of strong early childhood programs and increased performance on PACT, decreased drop out scores, decreased referral for special education programs, and increased graduation rates.  The department shall use all pertinent information obtained to implement statewide professional development to guide efforts aimed at increasing the success of all children.  This review may not be used as a part of the EAA Report Card for the current fiscal year.
     1A.29.      (SDE-EIA: Credits High School Diploma Distribution)  The funds appropriated for Raise Academic Standards-Credits High School Diploma shall be distributed to the school districts of the state based upon the 135 day count of Average Daily Membership.
     1A.30.      (SDE-EIA: Report Card Information)  The percentage each school district expended on classroom instruction as defined by the Department of Education's In$ite classification for "Instruction" must be printed on the Annual School and District Report Card.
     1A.31.      (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.32.      (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.33.      (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.34.      (SDE-EIA: One Year Suspension of EIA Programs)      The following programs funded with EIA revenues will be temporarily suspended for Fiscal Year 2009-10 2010-11 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, the Palmetto Gold and Silver program and external review teams.  Schools will may still be recognized as Palmetto Gold and Silver recipients in 2009-10 Fiscal Year 2010-11 but will not receive financial compensation.
     1A.35.      (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.  Children with developmental delays documented through state approved screening assessments or children with medically documented disabilities who do not already qualify for special need services should also be considered for enrollment.  In the event that more students seek to enroll than available space permits, districts shall prioritize 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 students educational needs.  Students with the greatest educational needs shall be given the highest enrollment priority.
     1A.36.      (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.  Of the funds appropriated for reading/literacy, the Department of Education, schools, and districts shall ensure that resources are utilized to improve student achievement in reading/literacy.  To focus on the importance of early reading and writing skills and to ensure that all students acquire reading/literacy skills by the end of grade 3, fifty percent of the appropriation shall be directed toward acquisition of reading proficiency to include, but not be limited to, strategies in phonemic awareness, phonics, fluency, vocabulary, and comprehension.  Forty percent of the appropriation shall be directed toward classroom instruction and intervention to focus on struggling readers and writers in grades 4-8.  Ten percent of the appropriation should be directed toward acceleration to provide additional opportunities for deepening and refinement of literacy skills.
     Fifty percent of the funds shall be allocated 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.  Fifty percent of the funds shall be allocated to the Department of Education to provide districts with research-based strategies and professional development and to work directly with schools and districts to assist with implementation of research-based strategies. When providing professional development the department and school districts must use the most cost effective method and when able utilize ETV to provide such services throughout the state.  The department shall provide for an evaluation to review first year implementation activities and to establish measurements for monitoring impact on student achievement.
     1A.37.      (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 current school year.
     1A.38.      (SDE-EIA: Students at Risk of School Failure)  For Fiscal Year 2009-10 2010-11, 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.39.      (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.40.      (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.41.      (SDE-EIA: Statewide Student Information System)  Contingent on the availability of a Fiscal Year 2008-09 2009-10 end of year EIA cash balance the department is authorized in Fiscal Year 2009-10 2010-11 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.
     1A.42.      (SDE-EIA: Adult Education)  A minimum of thirty percent of the funds appropriated for adult education must be allocated to school districts to serve adult education students between the ages of 17 and 21 who are enrolled in programs leading to a state high school diploma, state high school equivalency diploma (GED), or career readiness certificate (WorkKeys).  The remaining funds will be allocated to districts based on a formula which includes target populations without a high school credential, program enrollment the previous school year, total hours of attendance the previous school year, and performance factors such as number of high school credentials and career readiness certificates awarded the previous school year.  Overall levels of state funding must meet the federal requirement of state maintenance of effort.
     1A.43.      (SDE-EIA: Clemson Agriculture Education Teachers) The funds appropriated in Part IA, Section XI.F3 for Clemson Agriculture Education Teachers must be transferred  to Clemson University PSA to fund summer employment of agriculture teachers and to cover state-mandated salary increases on that portion of the agriculture teachers' salaries attributable to summer employment.

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: 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.
     2.4.      (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.
     2.5.      (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.
     2.6.      (LEA: FY 10-11 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 2010-11 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      $      85,356,682;
     (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;      and
     (12)      Commission on Higher Education--Higher Education Excellence Enhancement Program      $      4,700,000.
     Fiscal Year 2010-11 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 2010-11 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 2010-11 are fully funded.
     If the lottery revenue received for Fiscal Year 2010-11 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 2010-11, $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 Library for Aid to County Libraries.  The next $200,000 shall be directed to the School for the Deaf and the Blind for Technology Replacement.  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 2200.
     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 USDA 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 2010-11, 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: 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.
     6.11.      (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.
     6.12.      (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.
     6.13.      (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.
     6.14.      (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.
     6.15.      (CHE: Excellence Enhancement Program Additions)  Converse College and Columbia College shall be eligible to receive funds under the Higher Education Excellence Enhancement Program.
     6.16.      (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.
     6.17.      (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.
     6.18.      (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.
     6.19.      (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.
     6.20.      (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 a smaller proportion of funding than would be provided under the student enrollment methodology used in past years.
     6.21.      (CHE: Tuition Age)  For Fiscal Year 2009-10 2010-11, 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.
     6.22.      (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.
     6.23.      (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.
     6.24.      (CHE: Religious Activities)  For Fiscal Year 2009-2010 2010-11, 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.
     6.25.      (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 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. The special item funding appropriated to the University of South Carolina Columbia for the Palmetto Poison Center shall not be used for any other purposes.
     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: Spartanburg Campus - Permanent Improvement Project)  The project titled "New Library/Technology/Information Center $5,000,000" for the University of South Carolina- Spartanburg and listed in the section authorizing Capital Improvement Bond in subsection (A)(3)(j) of Act 1 of 2001 is amended to read "Health Education Complex/Academic and Student Services $5,000,000."

SECTION 17 - H54-MEDICAL UNIVERSITY OF SOUTH CAROLINA

     17.1.      (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.
     17.2.      (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.
     17.3.      (MUSC: Preterm Birth Prevention)  For Fiscal Year 2009-10 2010-11, 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 AND 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)  The Budget and Control Board is authorized and directed to pay for any expenses 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, .  The Board's obligation to pay expenses of the commission and in completion of the commission's work is limited up to an aggregate amount not to exceed $750,000 from for 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.  The Budget and Control Board is authorized to recover its actual expenses incurred to support the Broadband Service Commission pursuant to directives of this paragraph, including but not limited to, the administration of the contract, 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 2008-09 into Fiscal Year 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: Fraud and Abuse Collections)  The Department of Health and Human Services may offset the administrative costs associated with controlling fraud and abuse.
     21.13.      (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.
     21.14.      (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.
     21.15.      (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%; the Wholesale Acquisition Cost (WAC) plus 12.5%, or the provider's usual and customary charge to the general public for the dispensed product.  Within 30 days of enactment of the proviso, the  Department of Health and Human Services shall submit a state plan amendment to the Centers for Medicare and Medicaid Services (CMS) requesting approval for the reimbursement rate referenced above. The Department shall submit a copy of the CMS State Plan Amendment to the Chairmen of the House Ways and Means Committee and the Senate Finance Committee.
     During the CMS review process or if the CMS denies the aforementioned state plan amendment; 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) minus 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.
     21.16.      (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.
     21.17.      (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.
     21.18.      (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.
     21.19.      (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.
     21.20.      (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.
     21.21.      (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.
     21.22.      (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.
     21.23.      (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.
     21.24.      (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.
     21.25.      (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.  Effective July 1, 2010, enrollment shall be closed to new participants.
     21.26.      (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.
     21.27.      (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, 2009 12,2010, 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.
     21.28.      (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.
     21.29.      (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.
     21.30.      (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.
     21.31.      (DHHS: Offset Budget Reduction)  In the event of a base budget reduction assessed by the Budget and Control Board or the General Assembly, the Department of Health and Human Services is 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 2009-10 2010-11 that are in excess of program requirements in order to offset Fiscal Year 2009-10 2010-11 base budget reductions.  The department shall be required to enroll into the program any child who qualifies during Fiscal Year 2009-10.
     21.32.      (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.
     21.33.      (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.
     21.34.      (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.
     21.35.      (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.
     21.36.      (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.
     21.37.      (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.
     21.38.      (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.
     21.39.      (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.
     21.40.      (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 2011, 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.
     21.41.      (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.
     21.42.      (DHHS: Personal Emergency Response System)  The Department of Health and Human Services may consider the use of Personal Emergency Response Systems (PERS) units with additional functionality to include the use of a two button system that is UL or ETL certified.
     21.43.      (DHHS: GAPS)  The requirements of Title 44, Chapter 6-610 through Chapter 6-660 shall be suspended for Fiscal Year 2010-11.

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 Health Units)  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.  The amount of general funds appropriated herein for Access to Care 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.
     22.3.      (DHEC: Camp Burnt Gin)  Private donations or contributions for the operation of Camp Burnt Gin shall be deposited in a restricted account.  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.
     22.4.      (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.
     22.5.      (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, $780,573 $686,216 and the hemophilia assistance program, $1,698,571 $1,493,245 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.
     22.6.      (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.
     22.7.      (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.
     22.8.      (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.
     22.9.      (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, $1,831,963 $1,610,512, 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.
     22.10.      (DHEC: Rape Violence Prevention Contract)  Of the amounts appropriated in Rape Violence Prevention, $586,346 $513,481 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.
     22.11.      (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.
     22.12.      (DHEC: Sickle Cell Programs)  $1,089,311 $957,633 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.
     22.13.      (DHEC: Genetic Services)  The sum of $148,954 $130,948 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.
     22.14.      (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.
     22.15.      (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.
     22.16.      (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.
     22.17.      (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.
     22.18.      (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.
     22.19.      (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.
     22.20.      (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.
     22.21.      (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.
     22.22.      (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.
     22.23.      (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.
     22.24.      (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.
     22.25.      (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.
     22.26.      (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.
     22.27.      (DHEC: Shift Increased Funds)  The Director is authorized to shift increased appropriated funds in this act to offset shortfalls in other critical program areas.
     22.28.      (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.
     22.29.      (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.
     22.30.      (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.
     22.31.      (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.
     22.32.      (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.
     22.33.      (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.
     22.34.      (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.
     22.35.      (DHEC: South Carolina State Trauma Care Fund)  Of the funds appropriated to the South Carolina State Trauma Care Fund, $3,353,952 $2,948,519 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 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 2.5% 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.
     22.36.      (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.
     22.37.      (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.
     22.38.      (DHEC: Pharmacist Permits Services)  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 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 region department facility.  Only pharmacists, nurses, or physicians are allowed to dispense and provide prescription drugs/products/vaccines at department facilities for Family Planning, tuberculosis, sexually transmitted diseases, immunizations, hemophilia, or HIV/AIDS for conditions or diseases that the department treats, monitors, or investigates.  In the event of a public health emergency or upon activation of the strategic national stockpile, other medications may be dispensed as necessary.
     22.39.      (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.
     22.40.      (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.
     22.41.      (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.
     22.42.      (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.
     22.43.      (DHEC: Certificate of Need)  A Certificate of Need, awarded by the department, is valid for one year from the date of issuance.  The department may grant two extensions of up to nine months each upon evidence that substantial progress has been made in accordance with procedures set forth in regulations.  The board may grant further extension of up to nine months each only if it determines that substantial progress has been made in accordance with the procedures set forth in regulations.
     22.44.      (DHEC: Metabolic Screening)  The department may suspend any activity related to blood sample storage as outlined in Section 44-37-30 (D) and (E) of the 1976 Code, if there are insufficient state funds to support the storage requirements.  In that event, the samples may be destroyed in a scientifically appropriate manner after testing.  The department shall notify providers of the suspension within 30 days of its effective date.
     22.45.      (DHEC: Flexibility)  In order to provide maximum flexibility in absorbing the general fund reductions mandated in this act as compared to the prior fiscal year general fund appropriations, the Department of Health and Environmental Control is authorized for FY 2010-11 to spend no more than 25% of each agency earmarked, restricted, trust, or other agency account, except for federal funds, to maintain critical programs previously funded with general fund appropriations.  Any spending authorization for these purposes must receive the prior approval of the Office of State Budget and must be reported to the Governor, Senate Finance Committee, and the House Ways and Means Committee.
     22.46.      (DHEC: Beach Renourishment Carry Forward)  Of the funds carried forward for beach renourishment, the department is authorized to restrict $2,500,000 for state funding of coastal renourishment, navigation, and public access improvement projects.  The department is further authorized to expend the remaining carry forward balance to reduce the impact of budget reductions.

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 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.  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 $911,620 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.
     23.18.      (DMH: 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.

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 2010-11 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: 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.
     26.5.      (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.
     26.6.      (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.
     26.7.      (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
     Responsible Father Registry
           Registry Search            $  50
     26.8.      (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.
     26.9.      (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.
     26.10.      (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.
     26.11.      (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.
     26.12.      (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.
     26.13.      (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.
     26.14.      (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.
     26.15.      (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.
     26.16.      (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.
     26.17.      (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.
     26.18.      (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.
     26.19.      (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.
     26.20.      (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.
     26.21.      (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.
     26.22.      (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, 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.
     26.23.      (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.
     26.24.      (DSS: Day Care Facilities Supervision Ratios)  For Fiscal Year 2009-10 2010-11, 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.
     29.6.      (LIB: Donations)  The State Library may accept donation funds to be used for administration, operation, and programs from any donor source.  Unexpended funds shall be carried forward from the prior fiscal year into the current fiscal year.

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 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.
     31.11.      (MUSM: Remittance to General Services)  The State Museum is directed to remit not less than $1,800,000 to the Budget and Control Board, Division of General Services as compensation for expenses associated with the premises it leases in the Columbia Mills Building.

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 89.23(J) (Travel-Subsistence Expenses & Mileage) in this act.
     32.4.      (HFDA: Allocation of Indirect Cost Recoveries)  The authority shall deposit in the state general fund indirect cost recoveries for the authority's portion of the Fiscal Year 2010-11 Statewide Central Services Cost Allocation Plan (SWCAP).  The authority shall retain recoveries in excess of the SWCAP amount to be deposited in the state general fund.

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 & Measures 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 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: 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.
     34.7.      (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.
     34.8.      (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.
     34.9.      (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 $13,674 per district for general assistance to the district's program.  Available funding above $15,000 $13,674 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: 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.

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, $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: Destination Specific Tourism Marketing)  The minimum grant awarded by 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.
     39.4.      (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.
     39.5.      (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.
     39.6.      (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.
     39.7.      (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.
     39.8.      (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.
     39.9.      (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.
     39.10.      (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.
     39.11.      (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.
     39.12.      (PRT: Destination Specific Tourism Transfer)  From the funds set aside pursuant to the Motion Picture Incentive Rebate, for Fiscal Year 2010-11 unexpended funds carried forward from the prior fiscal year shall be transferred from the Department of Revenue to the Department of Parks, Recreation and Tourism and utilized for the Destination Specific Tourism Program.  These funds shall be carried forward from the prior fiscal year into the current fiscal year and be expended for the same purpose.

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: 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.
     40.4.      (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.
     40.5.      (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.
     40.6.      (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.
     40.7.      (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.
     40.8.      (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.
     40.9.      (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.
     40.10.      (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.
     40.11.      (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.
     40.12.      (CMRC: WIA Prior Year Payments)  The Department of Commerce shall be allowed to pay Workforce Investment Act prior-year obligations with current year funds.
     40.13.      (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.
     40.14.      (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.
     40.15.      (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.
     40.16.      (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.
     40.17.      (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 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.
     40.18.      (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.
     40.19.      (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.
     40.20.      (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.
     40.21.      (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.
     40.22.      (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.
     40.23.      (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.

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 89.23(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: Marshal of the Supreme Court)  If the provisions of paragraph 49A.1 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: 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.
     45.2.      (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.
     45.3.      (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.
     45.4.      (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.
     45.5.      (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.
     45.6.      (AG: Auction Rate Securities Settlement/Water Rights)  The Attorney General's Office is authorized to utilize up to $2,200,000 of retain and expend funds received in Fiscal Year 2009-10 and in Fiscal Year 2010-11 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 these funds to reimburse Water Litigation expenses incurred in the prior fiscal year.  These funds may be carried forward from the prior fiscal year into the current fiscal year and be utilized for the same purpose.  Upon satisfaction of the South Carolina vs. North Carolina water lawsuit, any remaining Auction Rate Securities Settlement funds shall be deposited into the general fund.  This paragraph takes effect on the earlier of July 1, 2010, or the date on which water settlement revenue in Fiscal Year 2009-10 exceeded $2,200,000.

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: Solicitors Victim/Witness Assistance Programs)  The When funds are available, 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.
     46.7.      (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.
     46.8.      (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.
     46.9.      (PCC: Violent Crime, CDV, DUI Prosecution)  The Prosecution Coordination Commission shall retain information and data on violent crime, criminal domestic violence, and 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.  If not privileged information by law, the report shall at a minimum include information and statistics regarding the location, the number and type of violent crime, criminal domestic violence, 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 capita basis and based upon the most current official decennial census of the United States; provided that no county shall receive funding in an amount less than the amount apportioned to it as of July 1, 2005.  The level of contribution of each county as of July 1, 2001, must be maintained.  No county shall be permitted to contribute less money than the amount the county contributed in the prior fiscal year.  Within the amount of money established for indigent defense services, the State shall set aside $3,000,000 (Death Penalty Trial Fund) annually exclusively for use of the defense in capital cases pursuant to Section 16-3-26 of the 1976 Code, and for the expenses of the operation of the Commission on Indigent Defense to include salaries and operations expenses of the Death Penalty Trial Division.  The State also shall set aside $2,500,000 annually to pay fees and expenses of private counsel appointed in non-capital cases pursuant to Section 17-3-50 (Conflict Fund).  Of the funds generated from the fees imposed under Sections 14-1-206(C)(4), 14-1-207(C)(6) and 14-1-208(C)(6) and the application fee provided in Section 17-3-30(B), on a monthly basis, 50% must be deposited into the Death Penalty Trial Fund, 15% must be deposited into the Conflict Fund until each of these funds has received the required level of deposit, and the remaining funds each month must be apportioned among the counties' public defender offices pursuant to Section 17-3-330.  When either the Death Penalty Trial Fund or the Conflict Fund has been fully funded, the monthly revenue being set aside for that fund will be directed to the other fund until it is completely funded.  Upon complete funding of both the Death Penalty Trial Fund and the Conflict Fund, all revenue collected pursuant to Sections 14-1-206(C)(4), 14-1-207(C)(6), 14-1-208(C)(6), and 17-3-30(B) must be apportioned among the counties' public defender offices pursuant to Section 17-3-330.  At the end of each fiscal year, any funds remaining in the Conflict Fund shall be treated as provided in Section 17-3-330(B).  At the end of each fiscal year any leftover funds shall carryover to the next fiscal year.  All applications for the payment of fees and expenses in capital cases shall be applied for from the Death Penalty Trial Fund which shall be administered by the Commission on Indigent Defense.  All applications for the payment of fees and expenses of private counsel or expenses of public defenders pursuant to Section 17-3-50 shall be applied for from the Conflict Fund administered by the Office of Indigent Defense.
     47.2.      (INDEF: State Employee Compensation Prohibited)  Except as otherwise provided in Section 89.5, no money appropriated pursuant to Defense of Indigents shall be used to compensate any state employees appointed by the court as examiners, guardians ad litem or attorneys nor shall such funds be used in payment to any state agency for providing such services by their employees.
     47.3.      (INDEF: Appellate Conflict Fund)  The purpose of this fund is to provide money to pay attorneys for representing indigent defendants on appellate review when the Office of Appellate Defense is unable to do so.  Funds designated for appellate use in conflict cases shall be administered by the Office of Indigent Defense.  The Office of Appellate Defense must first determine that it is unable to provide representation.  Fees shall be $40 per hour for out of court work and $60 for in court work, with a maximum of $3,500 per case for non-capital appeals.  Fees shall be $50 per hour for out of court work and $75 per hour for in court work in capital appeals with a maximum of $10,000 per capital appeal.  The appropriate appellate court shall review and approve vouchers for payment for appellate conflict cases.  The Office of Appellate Defense shall continue to provide printing and other support functions currently provided from their resources.  On June 30 of each year, the Office of Indigent Defense shall review all outstanding obligations in this fund.  Any unspent and unobligated money shall be used to pay outstanding vouchers in the Death Penalty Trial Fund or the Conflict Fund, provided the designated fund has become exhausted during the year.
     47.4.      (INDEF: Post Conviction Relief Payments)  The court shall order payment of all fees and costs in non capital Post Conviction Relief cases from funds appropriated to the Office of Indigent Defense for non capital Post Conviction Relief cases.  Any attorney appointed shall be compensated at a rate not to exceed forty dollars per hour for time expended out of court and sixty dollars per hour for time expended in court, or on the basis of a set (flat) fee.  The method of payment and amount of set (flat) fee will be determined by the Commission on Indigent Defense.  Compensation and costs shall not exceed one thousand dollars in any single case and shall be paid from funds appropriated to the Office of Indigent Defense for the representation by court-appointed, private counsel, in non capital Post Conviction Relief cases.
     47.5.      (INDEF: Civil Court Appointments)  The funds appropriated under "Civil Court Appointments" shall be used for Civil Court Appointments including Termination of Parental Rights, Abuse and Neglect, Probate Court Commitments, Sexually Violent Predator Act, and Post Conviction Relief (PCR) to reimburse court appointed private attorneys and for other expenditures as specified in this provision.  Civil Court Appointments funds may not be transferred or used for any other purpose.
     A portion of the funds appropriated under "Civil Court Appointments" shall be used for "Termination of Parental Rights" cases and "Abuse and Neglect" cases to reimburse private attorneys who are appointed by the Family Court to serve as guardians ad litem, where volunteer appointments cannot be made and to represent guardians ad litem, children, or parents under the provisions of S.C. Code Sections 20-7-110 et seq., 20-7-1570 et seq., 20-7-1695 (A)(2) et seq., 20-7-7205 et seq., and 20-7-8705 (4)(a) et seq.; for "Probate Court Commitment" cases to reimburse private attorneys who are appointed by the Probate Court to represent indigent persons; and for "Sexual Violent Predator" cases to reimburse private attorneys who are appointed by the Circuit Court pursuant to Sections 44-48-10, et seq., to represent indigent persons.  When private counsel is appointed pursuant to these provisions, counsel shall be reimbursed a reasonable fee to be determined on the basis of fifty dollars per hour or reimbursement may also be made on the basis of a set (flat) fee.  The method of payment and the amount of the set fee will be determined by the Commission on Indigent Defense.  Reimbursement shall not exceed two thousand dollars for any case under which such private attorney is appointed.  Reimbursement in excess of the hourly rate and limit set forth herein is authorized only if the court certifies, in a written order with specific findings of fact, prior to the fees being incurred, that reimbursement in excess of the rates or limit is necessary to provide reimbursement adequate to ensure effective assistance of counsel and reimbursement in excess of the limit is appropriate because the services to be provided were reasonably and necessarily incurred are reasonable and necessary.  Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonable and necessary for the representation of the defendant, the court shall authorize the defendant's attorney to obtain such services on behalf of the defendant and shall authorize the payment, from funds available to the Office of Indigent Defense, of fees and expenses not to exceed five hundred dollars as the court considers appropriate.  Payment in excess of the five hundred dollar limit is authorized only if the court certifies, in a written order with specific findings of fact, prior to the expense being incurred, that payment in excess of the limit is appropriate because the services to be provided were are reasonable and necessarily incurred necessary to provide adequate defense.  Payments shall be made from funds appropriated for this purpose from the Commission of Indigent Defense.
     Indigent defense vouchers authorized in this provision must be reviewed and paid pursuant to procedures and policies established by the Commission on Indigent Defense.  The commission shall provide a copy of the established procedures and policies to the Senate Finance Committee and the House Ways and Means Committee.
     A portion of the funds appropriated under "Civil Court Appointments" may be used by the Commission on Indigent Defense to retain, on a contractual basis, the services of attorneys qualified to handle civil court appointments, to be reimbursed in accordance with applicable provisos and statutes.
     47.6.      (INDEF: Volunteer Guardian Ad Litem Appointments and Attorney Representation)  The Commission on Indigent Defense working with the Guardian ad Litem's Office of the Division of Children's Services, shall allocate a portion of the funds provided for Civil Court Appointments for payments of contracts with attorneys who agree to represent volunteer Guardians ad Litem in child abuse and neglect and termination of parental rights actions in Family Court, based on the rate of $100 per completed hearing.  In determining the amount to be allocated, the commission must take into account the total funds appropriated and weigh this sum against the other demands and obligations of the Civil Appointment Fund.  The Commission on Indigent Defense shall report to the Senate Finance Committee and the House Ways and Means Committee any payments to individual guardians ad litem from funds provided from the Civil Appointment Fund.
     47.7.      (INDEF: Carry Forward)  To offset budget reductions, the Office of Indigent Defense may carry forward and utilize any unencumbered balances available in the Appellate Conflict Fund and the Civil Fund at the end of the prior fiscal year.
     47.8.      (INDEF: Application Fee for Appointment of Counsel)  For the current fiscal year, the application fee for public defender services payable under Section 17-3-30(B) is increased to forty ($40) dollars.
     47.9.      (INDEF: Public Defender Fee)  Every person placed on probation on or after July 1, 2003, who was represented by a public defender or appointed counsel, shall be assessed a fee of five hundred dollars.  The revenue generated from this fee must be collected by the clerk of court and sent on a monthly basis to the Office of Indigent Defense to be divided between the Conflict Fund and the Defense of Indigents/Per Capita Fund administered by that office.  However, if a defendant fails to pay this fee, this failure alone is not sufficient basis for incarceration for a probation violation.  This assessment shall be collected and paid over before any other fees.
     47.10.      (INDEF: Accounting and Transfer of Assets)  Each public defender corporation shall provide to the Commission on Indigent Defense no later than September 1, 2008, an accounting of all funds received and expended by or on behalf of the corporation for each county served during Fiscal Year 2007-08.  The accounting shall be certified by an official representative of the defender corporation as true and correct; and no later than September 1, 2008, each such corporation shall assign and transfer or cause to be assigned and transferred all funds and other assets of the corporation of every kind and nature to the Office of the Circuit Public Defender in the circuit in which the county is situate, to be used for the provision of indigent defense services within the county.
     47.11.      (INDEF: Defense of Indigents Civil Action Application Fee) (A)  A person to whom requesting appointment of counsel has been provided in any termination of parental rights (TPR), abuse and neglect, or any other civil court action in this state shall execute an affidavit that the person is financially unable to employ counsel and that affidavit shall set forth all of the person's assets.  This affidavit must be completed before counsel may be appointed.  If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets or a portion thereof to the Commission on Indigent Defense.
     (B)      A forty dollar application fee for appointed counsel services must be collected from every person who executes an affidavit that they are financially unable to employ counsel.  The person may apply to the court, the clerk of court, or other appropriate official for a waiver or reduction in the application fee.  If it is determined that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee is waived or reduced, the clerk or appropriate official shall report the amount waived or reduced to the trial judge and the trial judge shall order the remainder of the fee paid by a time payment method or such method as the trial judge deems appropriate.  The clerk of court or other appropriate official shall collect the application fee imposed by this section and remit the proceeds to the Commission on Indigent Defense on a monthly basis.  The monies must be deposited in an interest-bearing account separate from the general fund and used only to provide for indigent defense services.  The monies shall be administered by the Commission on Indigent Defense.  The clerk of court or other appropriate official shall maintain a record of all persons applying for representation and the disposition of the application and shall provide this information to the Commission on Indigent Defense on a monthly basis as well as reporting the amount of funds collected or waived.
     (C)      In matters in which a juvenile is brought before a court, the parents or legal guardian of such juvenile shall execute the above affidavit based upon their financial status and shall be responsible for paying any fee.  In matters concerning juveniles, the parents or legal guardians of said juvenile, shall be advised in writing of this requirement at the earliest stage of the proceedings against said juvenile.
     (D)      Nothing contained above shall restrict or hinder a court from appointing counsel in any emergency proceedings or where existing statutes do not provide sufficient time for an individual to complete the application process.
     (E)      The appointment of counsel, as herein before provided, creates a claim against the assets and estate of the person who is provided counsel or the parents or legal guardians of a juvenile in an amount equal to the costs of representation as determined by a voucher submitted by the appointed counsel and approved by the court, less that amount that the person pays to the appointed counsel.
     (F)      Such claim shall be filed in the office of the clerk of court in the county where the person is assigned counsel, but the filing of a claim shall not constitute a lien against real or personal property of the person unless, in the discretion of the court, part or all of such claim is reduced to judgment by appropriate order of the court, after serving the person with at least thirty days' notice that judgment will be entered.  When a claim is reduced to judgment, it shall have the same effect as judgments, except as modified by this provision.
     47.12.      (INDEF: Family Court Attorney Appointment Study Group)  The Commission on Indigent Defense and the Department of Social Services shall jointly study the issue of the appointment of private attorneys in termination of parental rights and abuse and neglect cases.  The agencies shall develop proposals to significantly reduce or eliminate members of the private bar from being assigned these appointments.  The agencies shall present proposals to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee no later than October 1, 2009.
     47.13.      (INDEF: Exemption for Pass Through Funding)  The funds distributed by the Commission on Indigent Defense to the Legal Services Corporation in accordance with Section 14-1-204 of the 1976 Code shall not be considered part of the commission's budget for purposes of calculating budget reductions.
     47.14.      (INDEF: Reporting Requirement)  Circuit Public Defenders shall provide, in a manner and form as the agency head requires, information and data concerning caseloads, dispositions, and other information as required by the agency head or General Assembly.  The agency shall withhold payments and transfers to Circuit Public Defenders who are not in compliance with the agency reporting requirements.

SECTION 48 - D10-STATE LAW ENFORCEMENT DIVISION

     48.1.      (SLED: Special Account Carry Forward)  Funds awarded to the State Law Enforcement Division by either court order or from donations or contributions shall be deposited in a special account with the State Treasurer, and shall be carried forward from year to year, and withdrawn from the Treasurer as needed to fulfill the purposes and conditions of the said order, donations or contributions, if specified, and if not specified, as may be directed by the Chief of the State Law Enforcement Division.  Funds expended from the special account must be annually reported by October 1 to the Senate Finance Committee and the Ways and Means Committee.
     48.2.      (SLED: Computer/Communications Center Carry Forward)  Revenue generated from the operation of the division's criminal justice computer/communications center and not expended during the prior fiscal year may be carried forward and expended for the same purpose during the current fiscal year.
     48.3.      (SLED: Agents Operations Carry Forward)  Any unexpended balance on June 30, of the prior fiscal year, in Part IA, subsection 48 of the section "Agents Operations" may be carried forward and expended for the same purpose in the current fiscal year.
     48.4.      (SLED: Match for Federal Grants Carry Forward)  State appropriations to SLED that are required to provide match for federal grant programs in the prior fiscal year may be carried forward into the current fiscal year and expended for the same purpose as originally appropriated.
     48.5.      (SLED: Clothing Allowance)  The State Law Enforcement Division is hereby authorized to provide agents and criminalists with an annual clothing allowance (on a pro rata basis) not to exceed $600 per agent/criminalist for required clothing used in the line of duty.
     48.6.      (SLED: Witness Fee)  The State Law Enforcement Division is hereby authorized to charge a witness fee of $130.00 per hour up to $1,000 per day for each employee testifying in civil matters which do not involve the State as a part in interest.  This fee shall be charged in addition to any court prescribed payment due as compensation or reimbursement for judicial appearances and deposited into a designated revenue account.
     48.7.      (SLED: Commissioned Officers' Physicals)  The department is authorized to pay for the cost of physical examinations for department personnel who are required to receive such physical examinations prior to receiving a law enforcement commission.
     48.8.      (SLED: Detective/Security Fee)  The State Law Enforcement Division is hereby authorized to charge and collect additional license and registration fees for private detective businesses, private security businesses, including employees of these businesses, and companies which provide private security on their own premises.  The funds generated will be transmitted to the Department of Public Safety and used for the purpose of providing additional security in the Capitol Complex area.
     48.9.      (SLED: Meals in Emergency Operations)  The State Law Enforcement Division may provide meals to employees of SLED who are not permitted to leave assigned duty stations and are required to work during deployment, emergency simulation exercises and when the Governor declares a state of emergency.
     48.10.      (SLED: Hazardous Materials Security Detail)  The State Law Enforcement Division (SLED) is authorized to be reimbursed for security related law enforcement services provided to entities authorized to transport sensitive materials within the borders of South Carolina.  SLED shall determine all costs associated with security details and is authorized to coordinate the collection, retention, and distribution to any assisting agency.  SLED and each assisting agency shall expend any funds associated with minimizing risks related to the transportation of these hazardous materials for the implementation of homeland security initiatives.
     48.11.      (SLED: Sex Offender Registry Fee)  Each Sheriff is authorized to charge and collect an annual amount of one hundred fifty dollars from each sex offender required to register by law.  If such sex offender has been declared indigent by the Sheriff of the county in which the offender must register and provides proof of the declaration at the time of registration, the fee will automatically be waived.  If an offender is not declared indigent and fails to pay the fee, he is officially declared unregistered.  This fee shall be divided between the Sheriffs and the State Law Enforcement Division with one hundred dollars of the fee retained by the Sheriffs and the remaining fifty dollars remitted by the Sheriffs to SLED on a quarterly basis.  These funds must be used to support the Statewide Sex Offender Registry.
     48.12.      (SLED: Private Detective Fees Criminal History Checks)  The State Law Enforcement Division is authorized to charge private detective companies, individual private detectives, private security companies, armed security guards, and proprietary security companies an additional fee of twenty-five dollars to process state criminal history checks and fifty dollars for federal fingerprint based criminal history checks.  These funds shall be collected, retained, expended and carried forward by the State Law Enforcement Division.
     48.13.      (SLED: CWP Instructors Certification)  The State Law Enforcement Division is authorized to charge one hundred dollars for the issuance of a Certified Concealable Weapons Permit Instructor certificate, and one hundred dollars every three years for each renewal.  These funds shall be collected, retained, expended and carried forward by the State Law Enforcement Division.
     48.14.      (SLED: Expungement Requests)  The State Law Enforcement Division is authorized to collect a twenty-five dollar expungement fee for each request to expunge criminal records.  These funds shall be used to offset the operational and research expenses associated with processing these expungement requests.  SLED is authorized to collect, retain, expend, and carry forward these funds.  Persons found not guilty by a court of competent jurisdiction or where charges have been dismissed or nolle prossed shall be excluded from the fee requirement.
     48.15.      (SLED: Retention of Funds Reimbursed by State or Federal Agencies)  The State Law Enforcement Division is authorized to collect, expend, retain, and carry forward all funds received from other state or federal agencies in the current fiscal year as reimbursement of expenditures incurred in the current or prior fiscal year.
     48.16.      (SLED: Monies Associated with Illegal Gaming Devices)  The State Law Enforcement Division is authorized to retain, expend, and carry forward all monies associated with illegal gaming devices seized by the division, once orders of destruction and awarding of these monies have been received from a court of competent jurisdiction.
     48.17.      (SLED: Alcohol Laws)  The department shall convene a working group of state and local law enforcement officials to develop recommendations for improving the enforcement of state statutes relating to the selling, purchasing, and possession of alcohol beverages.  The working group shall be comprised of the Director of the State Law Enforcement Division or his designee, the Director of the Department of Public Safety, or his designee, two sheriffs, one from a county with a large population and one from a county with a small population, or their designee, appointed by the South Carolina Sheriff's Association, and two police chiefs, one from a city or municipality with a large population and one from a city or municipality with a small population, appointed by the Municipal Association of South Carolina.  The working group may seek input from the South Carolina Hospitality Association, the South Carolina Association of Convenience Stores and other entities as deemed necessary.  By November 1, SLED must publish on its homepage the recommendations of the working group for strengthening and improving: 1) the enforcement of these laws, 2) the cooperation between state and local agencies regarding these laws, 3) the statewide support of SLED in enforcing these laws, and 4) the use of alcohol related fees collected by SLED.

SECTION 49 - K05-DEPARTMENT OF PUBLIC SAFETY

     49.1.      (DPS: Special Events Traffic Control)  The highway patrol must not charge any fee associated with special events for maintaining traffic control and ensuring safety on South Carolina public roads and highways unless approved by the General Assembly.  Nothing shall prohibit the Treasury of the State from accepting voluntary payment of fees from private or public entities to defray the actual expenses incurred for services provided by the Department of Public Safety.
     49.2.      (DPS: Retention of Private Detective Fees)  The Department of Public Safety is hereby authorized to receive, expend, retain, and carry forward all funds transmitted from SLED related to fees charged and collected by SLED from license and registration fees for private detective businesses, private security businesses, including employees of these businesses, and companies which provide private security on their own premises.  The funds transferred are to be used in the Bureau of Protective Services Program to provide security for state agencies and the Capitol Complex
     49.3.      (DPS: Motor Carrier Advisory Committee)  From the funds appropriated and/or authorized to the Department of Public Safety and the Department of Motor Vehicles, the departments are directed to jointly establish a Motor Carrier Advisory Committee to solicit input from the Trucking Industry and other interested parties in developing policies and procedures for the regulation of this industry.  The members of the advisory committee shall serve without compensation.
     49.4.      (DPS: Sale of Real Property)  At such time as any portion of the Laurens Road property in Greenville is declared to be surplus by the agency or agencies which occupy said portion, and after receiving approval from the Budget and Control Board for the sale of the property, the Department of Public Safety, the Department of Transportation, and the Department of Motor Vehicles are authorized to receive, retain, expend, and carry forward funds derived from the sale of the real property in which each agency holds an interest or title.  No portion of the property may be declared as surplus by one agency if another agency is occupying said property.  The Department of Public Safety is directed to use these funds to defray the operating expenses of the Highway Patrol and the Department of Transportation and the Department of Motor Vehicles are directed to use their portion of these funds for department operating expenses.
     49.5.      (DPS: CMV Driver Rest Areas)  A joint working group is to be established between the Department of Transportation, Department of Public Safety, State Transport Police and the South Carolina Trucking Association to review and evaluate where critical rest areas may be made available for commercial motor vehicle drivers to park and obtain their federally mandated required rest.
     49.6.      (DPS: Hunley Security)  From the funds appropriated to the Department of Public Safety, the department is directed to assign two law enforcement officers to provide security services for the H.L. Hunley at the Warren Lasch Laboratory in Charleston.
     49.7.      (DPS: SC Law Enforcement Officers Hall of Fame Scholarships)  The Department of Public Safety is hereby authorized to accept donations from the public in order to provide scholarships to the children of law enforcement officers killed in the line of duty.  The South Carolina Law Enforcement Officers Hall of Fame Advisory Committee is authorized to set the criteria for awarding such scholarships.  All revenue received for this purpose shall be used to provide scholarships and shall be retained, carried forward, and expended for the same purpose.
     49.8.      (DPS: Retention of DMV Cash Transfer)  The Department of Public Safety is hereby authorized to retain, expend, and carry forward funds transmitted by the Department of Motor Vehicles without any specific restrictions for the utilization of these funds pursuant to proviso 90.20 (SR: DMV Cash Transfer) of Act 23 of 2009.

SECTION 49A - K09-CAPITOL POLICE FORCE

     49A.1.      (CPF: Dispositions if agency not established)  (A)  The provisions of this paragraph apply if legislation is not enacted and in effect as of July 1, 2009, establishing in permanent law the Capitol Police Force.  In that eventuality, the provisions of this paragraph and paragraph 44.17 of this Part apply and are deemed the intention of and the last expression of the General Assembly with respect to all matters addressed by this paragraph and paragraph 44.17.
     (B)      The provisions of paragraphs 49A.1 through 49A.4 of this section are suspended and the following numbered paragraphs contained in this Part IB are amended, effective July 1, 2009, to read:
                 Section 48 - D10 - State Law Enforcement Division
                       "48.8.      (SLED: Detective/Security Fee)  The State Law Enforcement Division is hereby authorized to charge and collect additional license and registration fees for private detective businesses, private security businesses, including employees of these businesses, and companies which provide private security on their own premises.  The funds generated will be transmitted to the Department of Public Safety and used for the purpose of providing additional security in the Capitol Complex area."
                 Section 49 - K05 - Department of Public Safety
                       "49.2.      (DPS: Retention of Private Detective Fees)  The Department of Public Safety is hereby authorized to receive, expend, retain, and carry forward all funds transmitted from SLED related to fees charged and collected by SLED from license and registration fees for private detective businesses, private security businesses, including employees of these businesses, and companies which provide private security on their own premises.  The funds transferred are to be used in the Bureau of Protective Services Program to provide security for state agencies and the Capitol Complex."
                 Section 68A - U12 - Department of Transportation
                       "68A.13.      (DOT: Shop Road Farmers Market Bypass Carry Forward)  Unexpended funds appropriated for the Shop Road Farmers Market Bypass may be carried forward into the current fiscal year and expended for the matching requirement for the widening and expansion of Leesburg Road from Fairmont to Wildcat Road (Lower Richland roads-Phase I)."
                 Section 89 - X90 - General Provisions
                 "89.80.      (GP: Lt. Governor Security Detail)  The State Law Enforcement Division (SLED) shall provide a security detail to the Lieutenant Governor in a manner agreed to by SLED and the Lieutenant Governor's Office.  Reimbursement to SLED to offset the cost of the security detail for the Lieutenant Governor's Office shall be made in an amount agreed to by SLED and the Lieutenant Governor's Office from funds appropriated to the Lieutenant Governor's Office for this purpose."
     (C)      The Office of State Budget shall transfer all amounts otherwise appropriated and FTE's authorized in Part IA, Section 49A of this act for the operations of the Capitol Police Force to the appropriations categories of those agencies from whence those funds and FTE's were drawn to establish the Capitol Police Force.

SECTION 50 - N20-LAW ENFORCEMENT TRAINING COUNCIL

     50.1.      (LETC: CJA-Federal, Other Flow Through Funds)  In order to complete projects begun in a prior fiscal year, the Law Enforcement Training Council, Criminal Justice Academy is authorized to expend federal and earmarked funds in the current fiscal year for expenditures incurred in the prior fiscal year.
     50.2.      (LETC: CJA-Retention of Emergency Expenditure Refunds)  The Law Enforcement Training Council, Criminal Justice Academy is authorized to collect, expend, retain, and carry forward all funds received from other state or federal agencies in the current fiscal year as reimbursement of expenditures incurred in the current or prior fiscal year when personnel and equipment are mobilized and expenses incurred due to an emergency.
     50.3.      (LETC: CJA-Loan Approval)  Subject to the review of the Joint Bond Review Committee and approval of the Budget and Control Board, the Criminal Justice Academy is authorized to borrow an amount not to exceed $12,000,000 to construct and equip a new dormitory to house students in training at the Academy and additional classroom and office space to meet the increased demand for mandated basic law enforcement training as well as advanced and specialized training.  The State Treasurer is authorized to negotiate the terms and conditions of a loan, revenue bond, or other financing arrangement, the indebtedness for which must be repaid exclusively from either the five dollar surcharge authorized in Section 90 of this Act or other Criminal Justice Academy funds.

SECTION 51 - N04-DEPARTMENT OF CORRECTIONS

     51.1.      (CORR: Clothes/Transportation Upon Discharge)  Whenever an inmate shall be discharged from the Department of Corrections, the department shall furnish such inmate with a suit of common clothes, if deemed necessary, and transportation from the Department of Corrections to his home, if his home is located within this State.  If his home is not located in South Carolina, the Department of Corrections has the discretion of providing transportation to the inmate's home state, or to the county from which he was sentenced.
     51.2.      (CORR: Canteen Operations)  Revenue derived wholly from the canteen operations within the Department of Corrections on behalf of the inmate population, may be retained and expended by the department for the continuation of the operation of said canteens and the welfare of the inmate population or, at the discretion of the Director, used to supplement costs of operations.  The canteen operation is to be treated as an enterprise fund within the Department of Corrections and is not to be subsidized by state appropriated funds.
     51.3.      (CORR: Contract for Services)  Upon initiation by the South Carolina Department of Corrections, and upon prior approval by the Budget and Control Board, the Department of Corrections may contract for any and all services, but such services must (1) demonstrate reasonably comparable, cost-effectiveness to traditional methods of construction, (2) result in long-term operational cost-savings, (3) result in the provision of a new facility of sufficient bed, program, and support space more expeditiously than traditional methods, and (4) be subject to the year-to-year appropriation process of the General Assembly and state procurement procedures.
     51.4.      (CORR: E.H. Cooper Trust Fund)  Any unclaimed funds remaining in any inmate account, after appropriate and necessary steps are taken to determine and contact a rightful owner of such funds, shall be deposited into the Inmate Welfare Fund.
     51.5.      (CORR: Instructional Salaries)  The certified instructional personnel of the Department of Corrections shall receive a percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the instructional personnel throughout the State.
     51.6.      (CORR: Funding Through State Criminal Assistance Program)  All funds received by the State from the United States Department of Justice, State Criminal Alien Assistance Program, for care and custody of illegal aliens housed in the state correctional facilities shall be retained by the South Carolina Department of Corrections to offset incurred expenses.
     51.7.      (CORR: Remedial Education Funding)  A criminal offender committed to the custody of the Department of Corrections, who has been evaluated to function at less than an eighth grade educational level, or less than the equivalent of an eighth grade educational level, may be required by department officials to enroll and actively participate in academic education programs.  Funds appropriated to the Department of Corrections for educational programs shall be prioritized to assure such remedial services are provided.
     51.8.      (CORR: Tire Retreading Program Restriction)  The tire retreading program at the Lieber Correctional Institution shall be limited to the marketing and sale of retreads to state governmental entities.
     51.9.      (CORR: Social Security Administration Funding)  All funds received by the S.C. Department of Corrections from the Social Security Administration under Section 1611 (e)(1)(I) of the Social Security Act, which provides payment for information regarding incarcerated Social Security Insurance recipients, shall be retained by the S.C. Department of Corrections and credited to a fund entitled "Special Social Security" for the care and custody of inmates housed in the state correctional facilities.
     51.10.      (CORR: Medical Expenses)  The Department of Corrections shall be authorized to charge inmates a nominal fee for any medical treatment or consultation provided at the request of or initiated by the inmate.  A nominal co-pay shall be charged for prescribed medications.  Inmates shall not be charged for psychological or mental health visits.
     51.11.      (CORR: Prison Industry Funds)  The Director of the Department of Corrections, at his discretion, is hereby authorized to utilize prison industry funds for projects or services benefiting the general welfare of the inmate population or to supplement costs of operations.
     51.12.      (CORR: Reimbursement for Expenditures)  The Department of Corrections may retain for general operating purposes any reimbursement of funds for expenses incurred in a prior fiscal year.
     51.13.      (CORR: Sale of Real Property)  Funds generated from the sale of real property owned by the Department of Corrections shall be retained by the department to offset renovation and maintenance capital expenditures.
     51.14.      (CORR: Major Renovations and Repairs)  The Department of Corrections may utilize any existing bond funds approved by the 1997 Bond Act for the construction of new beds and particularly those currently designated for construction of beds at MacDougall Correctional Institution and maximum security beds at Kirkland Correctional Institution, for major renovations and repairs and/or the construction of new beds as the budget and inmate population dictate.
     51.15.      (CORR: Funds From Vehicle Cleaning)  Monies generated by inmates engaged in the cleaning and waxing of private vehicles, or any other adult work activity center, shall be placed in a special account and utilized for the welfare of the inmate population.
     51.16.      (CORR: Release of Inmates)  The Director of the Department of Corrections and other persons having charge of prisoners who are required to serve a period of six months or more, may release such prisoners on the first day of the month in which their sentences expire, and if the first day of the month falls on a Saturday, Sunday, or a legal holiday, such prisoners may be released on the last weekday prior to the first of the month which is not a holiday, Saturday or Sunday.
     51.17.      (CORR: Western Union Funding)  All funds received by the S.C. Department of Corrections from the Western Union Quick Collect Revenue Sharing Program or similar private sector entities, which provides payment for processing electronic transfers into the E. H. Cooper Trust Fund, shall be retained by the S.C. Department of Corrections and credited to a fund entitled "Inmate Welfare Fund" to be expended for the benefit of the inmate population.
     51.18.      (CORR: Monitoring Fees)  The Department of Corrections is authorized to charge an inmate who participates in community programs a reasonable fee for the cost of supplying electronic and telephonic monitoring.  The fees charged may not exceed the actual cost of the monitoring.
     51.19.      (CORR: Dairy Processing Operation Expansion)  Subject to the review of the Joint Bond Review Committee and approval of the Budget and Control Board, the Department of Corrections is authorized to borrow an amount not to exceed $6,000,000 for the purpose of constructing and equipping a new Dairy Processing Operation to be located at its Wateree River Farm facility.  The State Treasurer is authorized to negotiate the terms and conditions of a loan, revenue bond, or other financing arrangement, the indebtedness for which must be repaid exclusively from either net revenues derived from operations of the new Dairy Processing Operation or other Department of Corrections funds.
     51.20.      (CORR: Inmate Insurance Policies)  The Department of Corrections may collect and record private health insurance information from incarcerated individuals.  The department may file against any private insurance policy covering an inmate to recoup any health care expenditures covered by the policy.  Health care will be provided in accordance with law and standards regardless of whether or not an inmate is covered by insurance.
     51.21.      (CORR: Work Release Transportation Fee)  The South Carolina Department of Corrections is authorized to charge a $4.00 per-day transportation fee to participants in the work release program only when such transportation is provided by the department.  Monies collected shall be credited to the South Carolina Department of Corrections, and utilized solely to fund transportation of work release participants and vehicle replacement for the work release program.
     51.22.      (CORR: Special Assignment Pay Level 2 & 3 Facilities)  Funds appropriated for special assignment pay at the Department of Corrections are for the purpose of addressing vacancies and turnover of staff by providing a pay differential for certain employees assigned to institutions with a Level II or Level III security designation.  The funds are to be used for special assignment pay only and may not be transferred to any other program.  If the employee leaves one of the qualifying job classes or leaves a Level II or Level III institution for a non-Level II or non-Level III facility, they shall no longer be eligible for this special assignment pay.  Only employees in full-time equivalent positions are eligible for this special assignment pay.
     The special assignment pay is not a part of the employee's base salary, but is a percentage thereof, and is to be paid as follows:
           (A)      At Level II institutions:
                           (1)      4% for Correctional Officers including Class Code JD-30 (cadets and Officer I and II positions) and Corporals I and II;
                           (2)      2% for Sergeants and Lieutenants;
                           (3)      1% for Captains and Majors;
                           (4)      2% for Nursing staff; and
                           (5)      2% for Food Service staff.
           (B)      At Level III institutions:
                           (1)      8% for Correctional Officers including Class Code JD-30 (cadets and Officer I and II positions) and Corporals I and II;
                           (2)      3% for Sergeants and Lieutenants;
                           (3)      1% for Captains and Majors;
                           (4)      3% for Nursing staff; and
                           (5)      3% for Food Service staff.
     51.23.      (CORR: Quota Elimination)  Pursuant to Section 24-3-60 of the 1976 Code, upon notification by the county, the Department of Corrections shall accept newly sentenced inmates from each local jail and detention center.
     For sentenced inmates who the county is willing to transport, the department may limit the acceptance at the Kirkland Correctional Institution to the hours of 8:00 a.m. to 1:00 p.m., Monday through Friday, excluding holidays, and at the Perry and Lieber Correctional Institutions to the hours of 8:00 a.m. to 10:30 a.m., Monday through Friday, excluding holidays.
     By mutual agreement between the Department of Corrections and a local jail or detention center, the department may establish an alternate admissions schedule for receiving inmates at the Reception and Evaluation Center.
     At the time of transfer of the inmate to the department, the county shall provide the sentencing order, and if available copies of medical screening records, booking reports, and other documents to assist the department in its intake processing.  Counties that have not completed medical screenings at the time of transfer shall not be required to do so.
     In the event there are inadequate beds within the Reception and Evaluation Center, the Department of Corrections may create a "jail" within the Kirkland Correctional Institution using one or more of the available 192-bed housing units to accept newly sentenced state inmates who are awaiting R & E processing.  The department may operate such "jail," to the extent feasible, in accordance with standards applicable to the local jails.
     The department shall use the funds appropriated in this Act for "Quota Elimination" to accomplish this initiative and to open a 96-bed unit at the MacDougall Correctional Institution and the 192-bed housing units at Kirkland Correctional Institution.  The funds may not be transferred to any other program or used for any other purpose.
     51.24.      (CORR: Public/Private Partnerships for Construction)  Funds appropriated in Act 407 of 2006, Item 23, shall be used to construct as many multi-purpose buildings at Department of Corrections institutions as possible.  For such facilities at Lieber, McCormick, Leath, or Allendale Correctional Institution, at least $150,000 in matching funds and/or construction materials or services must be donated before construction of the facility may begin.  At other Department of Corrections locations, the Director may require that donated funds and/or materials or services equal one-half of the cost of construction, including design and engineering costs.  The department may utilize inmate labor and other agency resources to construct the buildings only after seeking competitive bids to ensure the most cost-effective method of construction.
     51.25.      (CORR: Inmate Barbering Program)  Inmate barbers in the Inmate Barbering Program at the Department of Corrections, shall not be subject to the licensing requirement of Section 40-7-30 of the 1976 Code.
     51.26.      (CORR: Executed Inmate Autopsy)  For the current fiscal year, the autopsy requirements of Section 17-7-10 of the 1976 Code are suspended when an inmate is executed by the Department of Corrections pursuant to a valid order of the Supreme Court of South Carolina.
     51.27.      (CORR: Recoupment of Expenses Associated with Inmate Cremation)  If the Department of Corrections incurs expenses for cremating and disposing of an unclaimed deceased inmate, the department may recoup all associated costs of cremation, including transportation, through the deceased inmate's E.H. Cooper account, providing funds are available.

SECTION 52 - N08-DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES

     52.1.      (DPPP: Sale of Equipment)  All revenue generated by the Department of Probation, Parole and Pardon Services from the sale of various equipment in excess of $575, less the cost of disposition incurred by the B&C Board, Division of Operations, may be retained and carried forward into the current fiscal year and expended for the purpose of purchasing like items.
     52.2.      (DPPP: Interstate Compact Application Fee)  The department may charge offenders an application fee set by the department, not to exceed $100, to offenders applying for transfers out of or into the state under the Interstate Compact Act.  The application fee shall be retained by the department to offset the cost of the Interstate Compact Act.  All unexpended funds at year-end may be retained and carried forward by the department to be expended for the same purpose.
     52.3.      (DPPP: GED Learn and Earn Program)  From the funds appropriated in Part IA, the department may enter into agreements with statewide colleges, technical colleges, and school districts for the purpose of providing GED and GED Prep education to offenders.  Offenders of the department enrolled in the program must repay the department the cost of the course and materials within six months of obtaining their GED.
     52.4.      (DPPP: Sex Offender Monitoring Carry Forward)  The Department of Probation, Parole and Pardon Services is authorized to carry forward any unexpended funds in the Sex Offender Monitoring program.  These funds must be used for the sex offender monitoring program.  For the purpose of calculating the amount of funds which may be carried forward by the department, Sex Offender Monitoring program funds carried forward by this provision shall be excluded from the calculation of the carry forward authorized by provision elsewhere in this Act.
     52.5.      (DPPP: Offender Drug Testing Fee)  The department may charge offenders a fee set by the department, not to exceed $50, for the purpose of drug testing.  If it is determined that the offender is indigent, this fee must be waived.  The fee shall be retained by the department to offset the cost of drug testing.  All unexpended funds at year-end may be retained and carried forward by the department to be expended for the same purpose.
     52.6.      (DPPP: Public Service Employment Set-Up Fee)  In addition to any other fee, the department may charge an adult offender placed under the jurisdiction of the department, who is ordered to public service employment by the court, a twenty-five dollar Public Service Employment set-up fee.  The fee must be retained by the department and applied to the department's supervision process.  The department shall submit a report to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee on the number of offenders who were assessed the set-up fee and the amount of funds collected.

SECTION 53 - N12-DEPARTMENT OF JUVENILE JUSTICE

     53.1.      (DJJ: Meal Ticket Revenue)  The revenue generated from sale of meal tickets by the Department of Juvenile Justice shall be retained and carried forward into the current fiscal year by the agency and expended for the operation of the agency's cafeterias and food service programs.
     53.2.      (DJJ: Interstate Compact Revenue)  The revenue returned to the Interstate Compact Program shall be retained and carried forward into the current fiscal year by the agency and expended for the operation of the program.
     53.3.      (DJJ: Educational Funds Audit)  Notwithstanding the provisions of the Education Finance Act, the South Carolina Department of Juvenile Justice shall have its educational funds audited by the Office of the State Auditor pursuant to a schedule established by the State Auditor, and said audit shall be sufficient to satisfy the timetable for audits required in Regulation 43175.
     53.4.      (DJJ: Children's Projects Revenue)  Funds generated from the projects undertaken by children under the supervision of the Department of Juvenile Justice may be retained by the department and utilized for the benefit of those children.  Such funds may be carried forward into the following fiscal year.
     53.5.      (DJJ: Instructional Salaries)  The certified instructional personnel of the Department of Juvenile Justice shall receive a percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the instructional personnel throughout the State.
     53.6.      (DJJ: Juvenile Justice Parole Board Compensation)  The department is authorized to pay the Juvenile Justice Parole Board member up to $200 per day for services rendered to the agency in the performance of their official duties.  The total amount of agency funds which can be utilized in this manner cannot exceed $48,000 per year and is subject to base budget reductions.
     53.7.      (DJJ: Reimbursements for Expenditures)  The Department of Juvenile Justice may retain for general operating purposes any reimbursement of funds for expenses incurred in a prior fiscal year.
     53.8.      (DJJ: Juvenile Arbitration/Community Advocacy Program)  The amount appropriated and authorized in this section for the Juvenile Arbitration Program shall be retained and expended by the Department of Juvenile Justice for the purpose of providing juvenile arbitration services through the sixteen (16) Judicial Circuit Solicitors' offices in the state and used to fund necessary administrative and personnel costs for the programs.
     The Department of Juvenile Justice shall contract with Solicitors to administer the Juvenile Arbitration Program and disburse up to $60,000 per Judicial Circuit based on services rendered.  The amount payable to Solicitors may vary based on consistent adherence to established statewide program guidelines to assess program performance.
     The $250,000 appropriated for the Community Advocacy Program in the first Judicial Circuit, will be used to fund necessary administrative and personnel costs for this status offender diversion program.  The Department of Juvenile Justice shall monitor and provide support to this program.
     All unexpended funds may be retained and carried forward from the prior fiscal year to be used for the same purposes.
     53.9.      (DJJ: Sale of Real Property)  After receiving approval from the Budget and Control Board for the sale of property, the department is authorized to retain revenues associated with the sale of department-owned real property and may expend these funds on capital improvements reviewed by the Joint Bond Review Committee and approved by the Budget and Control Board.
     53.10.      (DJJ: Sale of Timber)  The Department of Juvenile Justice is hereby authorized to sell mature trees and other timber suitable for commercial purposes from lands owned by the department.  Prior to such sales, the director shall consult with the State Forester to determine economic and environmental feasibility and to obtain approval for such sales.  Funds derived from timber sales shall be retained and utilized for family support services after setting aside a reasonable amount, as determined by the State Forester, for reforestation of the lands from which the trees and timber are sold.
     53.11.      (DJJ: Drug Free Workplace)  The critical mission of the Department of Juvenile Justice requires a safe and drug free work environment.  In order to accomplish this, the department may conduct and pay for the cost of pre-employment drug testing and random employee drug testing.  The department is authorized to expend funds in order to provide or procure these services.
     53.12.      (DJJ: Definition of Juveniles)  The Department of Juvenile Justice is authorized to place juveniles in marine and wilderness programs or other community residence programs operated by non-governmental entities.  Juveniles receiving services in these community residence programs must either be referred to such a program by the Family Court as a condition of probation, released to such a program by the Board of Juvenile Parole, or voluntarily agree to be assigned and released to such a program by the Department of Juvenile Justice.
     53.13.      (DJJ: Adult Education - GED)  Juveniles committed to the Department of Juvenile Justice who have been enrolled in, but not yet completed, a GED educational program while at the department, at the discretion of the local school district, upon release from the department shall be allowed to enroll in either the juvenile's local school district's regular education program, in their appropriate grade placement, or allowed to enroll in that district's or county's adult education program.  If enrolled in an adult education program, the juvenile's eligibility for taking the GED shall be based upon the regulations promulgated by the Department of Education for youth who are confined in, or under the custody of, the Department of Juvenile Justice.
     53.14.      (DJJ: Local District Effort)  Upon commitment or confinement to a Department of Juvenile Justice facility, the school district in which that child resides shall pay an amount equivalent to the statewide average of the local base student cost (30%), multiplied by the appropriate pupil weighting set forth in Section 59-20-40, for instructional services provided to out-of-district students to the Department of Juvenile Justice for the time period in which the child is committed or confined to a department facility.  EFA funding for school districts is provided for a 180 day school year.  The billing provided by the department shall be calculated by dividing the local base student cost by 225 days to determine the daily rate.  The department shall notify the school district in writing within 45 calendar days that a student from the nonresident district is receiving education services pursuant to this provision.  The notice shall also contain the student's name, date of birth, disabling condition if available, and dates of service.
     The invoice shall be paid within 60 days of billing, provided the department has provided a copy of the invoice to both the superintendent and the finance office of the school district being invoiced.  Should the school district fail to pay the invoice within 60 days, the department can seek relief from the Department of Education.  The Department of Education shall withhold EFA funding equal to the billing from the district refusing to pay and submit the funding (equal to the invoice) to the department.  If adequate funding is not received, the department shall have the flexibility to use funds from other programmatic areas to maintain an appropriate level of service.
     53.15.      (DJJ: Emergency Authority to Transfer PIP Funds)  The Department of Juvenile Justice is authorized to transfer to its operational and/or personnel accounts up to $1,500,000 of Permanent Improvement Project (PIP) funds, excluding Capital Improvement Bond funds, that have been previously allocated to the department by the General Assembly/Joint Bond Review Committee and approved by the Budget and Control Board, if those funds are unobligated or not otherwise committed by the department for active permanent improvement projects.  The department may utilize these funds in Fiscal Year 2010-11 as necessary in order to maintain constitutional conditions in its institutional facilities and residential programs.
     53.16.      (DJJ: Emergency Release for Community Evaluation)  The Department of Juvenile Justice is authorized to allow any child adjudicated delinquent for a status offense, for a misdemeanor offense other than Assault and Battery of a High and Aggravated Nature, or Assault with Intent to Kill, or for violation of probation/contempt for any offense who is temporarily committed to its custody for a residential evaluation, to reside in that child's home or in his home community while undergoing a community evaluation, unless the committing judge finds and concludes in the order for evaluation, that a community evaluation of the child shall not be conducted because the child presents an unreasonable flight or public safety risk to his home community.
     53.17.      (DJJ: Earned Compliance Credit)  In order to avoid unconstitutional levels of overcrowding and other unconstitutional conditions from occurring in residential programs operated for the Department of Juvenile Justice, and in order to reduce caseloads of the Department's probation and parole officers so that these officers can better focus their attention and limited resources on those offenders who pose a greater threat to public safety, the Department is authorized to grant up to a ten day reduction of their probationary or parole term to probationers and parolees who are under its supervision for each month they are compliant with the terms and conditions of their probation or parole order.
     53.18.      (DJJ: Early Release Authorization)  In order to avoid unconstitutional levels of overcrowding and other unconstitutional conditions from occurring in facilities operated by the department and in residential programs operated for the department, the number of children housed in residential placements (either committed to the custody of the Department of Juvenile Justice or who are under the department's supervision) shall not exceed the number of beds available to the department to house them.  Should appropriation reductions necessitate that the department close any additional facility, program, or housing unit it operates, or to be unable to fund any additional residential program operated for its benefit, the department is authorized and empowered to release from its residential placements sufficient numbers of children committed to its custody or supervision for a status offense, a misdemeanor offense, other than Assault and Battery of a High and Aggravated Nature and Assault with Intent to Kill, or for violation of probation/contempt of a status offense or a misdemeanor offense, other than Assault and Battery of a High and Aggravated Nature and Assault with Intent to Kill, so that the number of children in its custody or under its supervision and placed in these residential placements does not exceed the number of housing units/beds available to properly house those children.  No child adjudicated delinquent for a violent crime as defined in Section 16-1-60 of the 1976 Code, a felony offense as defined in Section 16-1-90 of the 1976 Code, or a sexual offense shall be released pursuant to this proviso.

SECTION 54 - L36-HUMAN AFFAIRS COMMISSION

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

SECTION 55 - L46-COMMISSION FOR MINORITY AFFAIRS

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