(Doc Name h:\legwork\house\amend\H-WM\001\h4813 amendback2.docx):
EXPLANATION: EXPLANATION: amend the bill back to the house version and amend further
Reference is to the bill as passed by the Senate.
Amend the bill, as and if amended, by striking all after the enacting words and inserting the bill as passed by the House of Representatives, which is hereby incorporated into this amendment by reference.
Amend the bill further, as and if amended, Part IA, Section 1,
DEPARTMENT OF EDUCATION, page 4, line 28, opposite /AID SCHL
DIST-DRVRS SLRY/F/ by increasing the amount(s) in Columns 5 and
6 by:
Column 5 Column 6
20,484,628 20,484,628
Amend the bill further, as and if amended, Part IA, Section 1,
DEPARTMENT OF EDUCATION, page 6, lines 1-2, opposite /MODERNIZE
VOCATIONAL EQUPMENT/ by decreasing the amount(s) in Column 5
by:
Column 5 Column 6
322,797
Amend the bill further, as and if amended, Part IA, Section 1,
DEPARTMENT OF EDUCATION, page 8, line 27, opposite /ALLOC
EIA-TEACHER SLRS/ by decreasing the amount(s) in Column 5
by:
Column 5 Column 6
7,817,585
Amend the bill further, as and if amended, Part IA, Section 1,
DEPARTMENT OF EDUCATION, page 8, immediately after line 28, by
inserting a new line to read:
Column 5 Column 6
TEACHER SALARY SUPPORT
STATE SHARE - RECURRING
38,625,010
Amend the bill further, as and if amended, Part IA, Section 1,
DEPARTMENT OF EDUCATION, page 8, immediately after line 28, by
inserting a new line to read:
Column 5 Column 6
TEACHER SALARY SUPPORT
STATE SHARE - NON-RECURRING
10,000,000
Amend the bill further, as and if amended, Part IA, Section 1,
DEPARTMENT OF EDUCATION, page 10, line 36, opposite /AID SCH
DIST - DRIVER SLRY/ by decreasing the amount(s) in Column 5
by:
Column 5 Column 6
20,484,628
Amend the bill further, as and if amended, Part IA, Section 1,
DEPARTMENT OF EDUCATION, page 12, lines 1-2, opposite /MODERNIZE
VOCATIONAL EQUIPMENT/ by increasing the amount(s) in Columns 5
and 6 by:
Column 5 Column 6
322,797 322,797
Amend the bill further, as and if amended, Part IA, Section 6,
COMMISSION ON HIGHER EDUCATION, page 29, line 5, opposite /SC
MANUFACTURING EXT/ by decreasing the amount(s) in Columns 5 and
6 by:
Column 5 Column 6
682,049 682,049
Amend the bill further, as and if amended, Part IA, Section 6,
COMMISSION ON HIGHER EDUCATION, page 31, line 18, opposite /LIFE
SCHOLARSHIPS/ by decreasing the amount(s) in Columns 5 and 6
by:
Column 5 Column 6
14,047,144 14,047,144
Amend the bill further, as and if amended, Part IA, Section 6,
COMMISSION ON HIGHER EDUCATION, page 31, line 19, opposite
/PALMETTO FELLOWS/ by decreasing the amount(s) in Columns 5 and
6 by:
Column 5 Column 6
3,754,973 3,754,973
Amend the bill further, as and if amended, Part IA, Section 6,
COMMISSION ON HIGHER EDUCATION, page 31, line 20, opposite /HOPE
SCHOLARSHIP/ by decreasing the amount(s) in Columns 5 and 6
by:
Column 5 Column 6
200,000 200,000
Amend the bill further, as and if amended, Part IA, Section 6,
COMMISSION ON HIGHER EDUCATION, page 31, immediately after line
31, by inserting a new line to read:
Column 5 Column 6
NFTE 200,000 200,000
Amend the bill further, as and if amended, Part IA, Section 17B,
AREA HEALTH EDUCATION CONSORTIUM, page 71, immediately after
line 12, by inserting a new line to read:
Column 5 Column 6
RURAL PHYSICIANS PROGRAM
500,000 500,000
Amend the bill further, as and if amended, Part IA, Section 18,
TECHNICAL & COMPREHENSIVE EDUCATION BD., page 75, line 35,
opposite /OTHER DIRECT TRAINING COSTS/ by decreasing the
amount(s) in Columns 5 and 6 by:
Column 5 Column 6
2,000,000 2,000,000
Amend the bill further, as and if amended, Part IA, Section 18,
TECHNICAL & COMPREHENSIVE EDUCATION BD., page 76,
immediately after line 8, by inserting a new line to read:
Column 5 Column 6
Central Carolina Technical
College Training Facility
2,250,000 2,250,000
Amend the bill further, as and if amended, Part IA, Section 18,
TECHNICAL & COMPREHENSIVE EDUCATION BD., page 76,
immediately after line 8, by inserting a new line to read:
Column 5 Column 6
Aiken Technical College Ctr
for Energy & Advanced Mfg
2,445,000 2,445,000
Amend the bill further, as and if amended, Part IA, Section 22,
DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 91, line
13, opposite /OTHER OPERATING EXPENSES/ by increasing the
amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,000,000 1,000,000
Amend the bill further, as and if amended, Part IA, Section 22,
DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 92, line
35, opposite /CLASSIFIED POSITIONS/ by increasing the amount(s)
in Columns 5 and 6 by:
Column 5 Column 6
800,000 800,000
Amend the bill further, as and if amended, Part IA, Section 23,
DEPARTMENT OF MENTAL HEALTH, page 99, line 33, opposite /CASE
SERVICES/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
200,000 200,000
Amend the bill further, as and if amended, Part IA, Section 24,
DEPARTMENT OF DISABILITIES & SPECIAL NEEDS, page 107, line
31, opposite /OTHER OPERATING EXPENSES/ by increasing the
amount(s) in Columns 5 and 6 by:
Column 5 Column 6
100,000 100,000
Amend the bill further, as and if amended, Part IA, Section 26,
DEPARTMENT OF SOCIAL SERVICES, page 115, line 13, opposite
/OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Column
5 by:
Column 5 Column 6
3,968,053
Amend the bill further, as and if amended, Part IA, Section 26,
DEPARTMENT OF SOCIAL SERVICES, page 116, line 19, opposite
/ALLOC CNTY-UNRESTRICTED/ by decreasing the amount(s) in Column
5 by:
Column 5 Column 6
2,762,123
Amend the bill further, as and if amended, Part IA, Section 26,
DEPARTMENT OF SOCIAL SERVICES, page 116, line 33, opposite
/OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Column
5 by:
Column 5 Column 6
585,873
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 116, line 35, opposite /CASE SERVICES/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
8,322,658
Amend the bill further, as and if amended, Part IA, Section 26,
DEPARTMENT OF SOCIAL SERVICES, page 117, line 7, opposite /OTHER
OPERATING EXPENSES/ by decreasing the amount(s) in Column 5
by:
Column 5 Column 6
1,338,207
Amend the bill further, as and if amended, Part IA, Section 26,
DEPARTMENT OF SOCIAL SERVICES, page 117, line 20, opposite /CASE
SERVICES/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
40,000,000
Amend the bill further, as and if amended, Part IA, Section 26,
DEPARTMENT OF SOCIAL SERVICES, page 117, line 32, opposite
/OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Column
5 by:
Column 5 Column 6
422,413
Amend the bill further, as and if amended, Part IA, Section 26,
DEPARTMENT OF SOCIAL SERVICES, page 119, line 10, opposite /CASE
SERVICES/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
65,000
Amend the bill further, as and if amended, Part IA, Section 26,
DEPARTMENT OF SOCIAL SERVICES, page 119, line 34, opposite
/OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Column
5 by:
Column 5 Column 6
6,285
Amend the bill further, as and if amended, Part IA, Section 26,
DEPARTMENT OF SOCIAL SERVICES, page 121, line 33, opposite
/OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Column
5 by:
Column 5 Column 6
8,841,223
Amend the bill further, as and if amended, Part IA, Section 26,
DEPARTMENT OF SOCIAL SERVICES, page 122, line 32, opposite
/OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Column
5 by:
Column 5 Column 6
843,056
Amend the bill further, as and if amended, Part IA, Section 26,
DEPARTMENT OF SOCIAL SERVICES, page 122, line 34, opposite /CASE
SERVICES/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
177,316
Amend the bill further, as and if amended, Part IA, Section 26,
DEPARTMENT OF SOCIAL SERVICES, page 123, line 16, opposite
/ALLOC OTHER ENTITIES/ by decreasing the amount(s) in Column 5
by:
Column 5 Column 6
243,750
Amend the bill further, as and if amended, Part IA, Section 26,
DEPARTMENT OF SOCIAL SERVICES, page 124, line 13, opposite /CASE
SERVICES/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
4,000,000
Amend the bill further, as and if amended, Part IA, Section 33,
FORESTRY COMMISSION, page 139, line 20, opposite /CLASSIFIED
POSITIONS/ by increasing the amount(s) in Columns 5 and 6
by:
Column 5 Column 6
30,000 30,000
Amend the bill further, as and if amended, Part IA, Section 37,
DEPARTMENT OF NATURAL RESOURCES, page 155, line 38, opposite
/CLASSIFIED POSITIONS/ by decreasing the amount(s) in Columns 5
and 6 by:
Column 5 Column 6
73,869 73,869
Amend the bill further, as and if amended, Part IA, Section 39,
DEPARTMENT OF PARKS, RECREATION & TOURISM, page 162, line 2,
opposite /ADVERTISING/ by increasing the amount(s) in Columns 5
and 6 by:
Column 5 Column 6
300,000 300,000
Amend the bill further, as and if amended, Part IA, Section 40,
DEPARTMENT OF COMMERCE, page 168, immediately after line 17, by
inserting a new line to read:
Column 5 Column 6
SC MANUFACTURING
EXTENSION PARTNERSHIP
682,049 682,049
Amend the bill further, as and if amended, Part IA, Section 40, DEPARTMENT OF COMMERCE, page 170, line 10, opposite /DEAL CLOSING FUND/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
28,209,914 28,209,914
Amend the bill further, as and if amended, Part IA, Section 44,
JUDICIAL DEPARTMENT, page 176, lines 1-2, opposite
/"CIRCUIT COURT JUDGE"/ by increasing the amount(s) in
Columns 5 and 6 by:
Column 5 Column 6
586,404 586,404
(3.00) (3.00)
Amend the bill further, as and if amended, Part IA, Section 44,
JUDICIAL DEPARTMENT, page 176, lines 3-4, opposite
/"ADMINISTRATIVE SPECIALIST"/ by increasing the
amount(s) in Columns 5 and 6 by:
Column 5 Column 6
110,871 110,871
(3.00) (3.00)
Amend the bill further, as and if amended, Part IA, Section 44, JUDICIAL DEPARTMENT, page 176, lines 5-6, opposite /"COURT REPORTER"/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
159,606 159,606
(3.00) (3.00)
Amend the bill further, as and if amended, Part IA, Section 44,
JUDICIAL DEPARTMENT, page 176, lines 7-8, opposite /"LAW
CLERK"/ by increasing the amount(s) in Columns 5 and 6
by:
Column 5 Column 6
176,220 176,220
(3.00) (3.00)
Amend the bill further, as and if amended, Part IA, Section 44,
JUDICIAL DEPARTMENT, page 176, line 12, opposite /OTHER
OPERATING EXPENSES/ by increasing the amount(s) in Columns 5 and
6 by:
Column 5 Column 6
2,456,529 2,456,529
Amend the bill further, as and if amended, Part IA, Section 44, JUDICIAL DEPARTMENT, page 176, lines 29-30, opposite /"FAMILY COURT JUDGE"/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
570,974 570,974
(3.00) (3.00)
Amend the bill further, as and if amended, Part IA, Section 44,
JUDICIAL DEPARTMENT, page 176, lines 31-32, opposite
/"ADMINISTRATIVE SPECIALIST"/ by increasing the
amount(s) in Columns 5 and 6 by:
Column 5 Column 6
110,871 110,871
(3.00) (3.00)
Amend the bill further, as and if amended, Part IA, Section 44, JUDICIAL DEPARTMENT, page 176, lines 33-34, opposite /"COURT REPORTER"/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
159,606 159,606
(3.00) (3.00)
Amend the bill further, as and if amended, Part IA, Section 44,
JUDICIAL DEPARTMENT, page 176, line 38, opposite /OTHER
OPERATING EXPENSES/ by increasing the amount(s) in Columns 5 and
6 by:
Column 5 Column 6
132,000 132,000
Amend the bill further, as and if amended, Part IA, Section 44,
JUDICIAL DEPARTMENT, page 178, line 36, opposite /EMPLOYER
CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6
by:
Column 5 Column 6
910,583 910,583
Amend the bill further, as and if amended, Part IA, Section 45,
ATTORNEY GENERAL'S OFFICE, page 180, immediately after line 24,
by inserting a new line to read:
Column 5 Column 6
SAVANNAH RIVER MARITIME
COMM LITIGATION 1 1
Amend the bill further, as and if amended, Part IA, Section 46,
PROSECUTION COORDINATION COMMISSION, page 181, immediately after
line 33, by inserting a new line to read:
Column 5 Column 6
CRIMINAL DOMESTIC
VIOLENCE PROSECUTION
1,500,000 1,500,000
Amend the bill further, as and if amended, Part IA, Section 47,
COMMISSION ON INDIGENT DEFENSE, page 184, line 10, opposite
/CRIMINAL DOMESTIC VIOLENCE/ by increasing the amount(s) in
Columns 5 and 6 by:
Column 5 Column 6
1,000,000 1,000,000
Amend the bill further, as and if amended, Part IA Section 48,
GOVERNOR'S OFF.-STATE LAW ENFORCEMENT DIVISION, page 186, line
25, opposite /CLASSIFIED POSITIONS/ by increasing the amount(s)
in Columns 5 and 6 by:
Column 5 Column 6
631,820 631,820
Amend the bill further, as and if amended, Part IA, Section 48,
GOVERNOR'S OFF.-STATE LAW ENFORCEMENT DIVISION, page 189,
immediately after line 14, by inserting a new line to read:
Column 5 Column 6
METH LAB CLEAN UP 1,000,000
1,000,000
Amend the bill further, as and if amended, Part IA, Section 49,
DEPARTMENT OF PUBLIC SAFETY, page 192, line 21, opposite
/CLASSIFIED POSITIONS/ by decreasing the amount(s) in Columns 5
and 6 by:
Column 5 Column 6
504,005 504,005
Amend the bill further, as and if amended, Part IA, Section 52,
DEPARTMENT OF PROBATION, PAROLE & PARDON SERVICES, page 202,
line 21, opposite /CLASSIFIED POSITIONS/ by increasing the
amount(s) in Columns 5 and 6 by:
Column 5 Column 6
174,284 174,284
Amend the bill further, as and if amended, Part IA, Section 53,
DEPARTMENT OF JUVENILE JUSTICE, page 206, line 35, opposite
/CLASSIFIED POSITIONS/ by increasing the amount(s) in Columns 5
and 6 by:
Column 5 Column 6
13,045 13,045
Amend the bill further, as and if amended, Part IA, Section 66,
DEPARTMENT OF MOTOR VEHICLES, page 237, immediately after line
18, by inserting new lines to read:
Column 5 Column 6
/IV. NON-RECURRING APPROPRIATIONS
DEMOLISHER BILL (S1031)
PROGRAMMING AND TRAINING/
IMPLEMENTATION 88,550
88,550
Amend the bill further, as and if amended, Part IA, Section 68A, DEPARTMENT OF TRANSPORTATION, page 245, immediately after line 3, by inserting a new line to read:
Column 5 Column 6
EVACUATION RE-ROUTING PLANS
200,000 200,000
Amend the bill further, as and if amended, Part IA, Section 70A,
LEG. DEPT-THE SENATE, page 250, immediately after line 11, by
inserting new lines to read:
Column 5 Column 6
SPECIAL ITEM:
JOINT CITIZENS & LEGISLATIVE
COM ON CHILDREN 300,000
50,000
Amend the bill further, as and if amended, Part IA, Section 70B,
LEG. DEPT-HOUSE OF REPRESENTATIVES, page 251, line 7, opposite
/Unclassified Positions/ by decreasing the amount(s) in Columns
5 and 6 by:
Column 5 Column 6
2,500,000 2,500,000
Amend the bill further, as and if amended, Part IA, Section 70B,
LEG. DEPT-HOUSE OF REPRESENTATIVES, page 251, line 11, opposite
/Other Operating Expenses/ by increasing the amount(s) in
Columns 5 and 6 by:
Column 5 Column 6
2,500,000 2,500,000
Amend the bill further, as and if amended, Part IA, Section 70C,
LEG. DEPT-CODIFICATION OF LAWS & LEG. COUNCIL, page 252,
line 5, opposite /UNCLASS. LEG. MISC (P)/ by increasing the
amount(s) in Columns 5 and 6 by:
Column 5 Column 6
262,500 262,500
Amend the bill further, as and if amended, Part IA, Section 70C,
LEG. DEPT-CODIFICATION OF LAWS & LEG. COUNCIL, page 252,
line 11, opposite /CODE SUPPLEMENTS/ by increasing the amount(s)
in Column 5 by:
Column 5 Column 6
25,842
Amend the bill further, as and if amended, Part IA, Section 70C,
LEG. DEPT-CODIFICATION OF LAWS & LEG. COUNCIL, page 252,
line 33, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the
amount(s) in Columns 5 and 6 by:
Column 5 Column 6
87,500 87,500
Amend the bill further, as and if amended, Part IA, Section 70D,
LEG. DEPT-LEG. PRINTING, INF. & TECH. SYSTEMS, page 254,
line 11, opposite /OTHER OPERATING EXPENSES/ by increasing the
amount(s) in Columns 5 and 6 by:
Column 5 Column 6
779,695 779,695
Amend the bill further, as and if amended, Part IA, Section 72C,
GOVERNOR'S OFF-MANSION AND GROUNDS, page 266, line 5, opposite
/UNCLASSIFIED POSITIONS/ by decreasing the amount(s) in Columns
5 and 6 by:
Column 5 Column 6
15,000 15,000
Amend the bill further, as and if amended, Part IA, Section 72D,
OFFICE OF INSPECTOR GENERAL, after page 266, by adding a new
section, and beginning on line 1, by inserting new lines to
read:
Column 5 Column 6
I. OFFICE OF INSPECTOR GENERAL
NEW POSITIONS:
INSPECTOR GENERAL 1
1
(1.00) (1.00)
AUDITOR IV 1 1
(2.00) (1.60)
ADMINISTRATIVE ASSISTANT 1
1
(1.00) (1.00)
OTHER OPERATING EXPENSES 1 1
SPECIAL ITEM:
FRAUD HOTLINE 1 1
II. EMPLOYEE BENEFITS
C. STATE EMPLOYER CONTRIBUTIONS
EMPLOYER CONTRIBUTIONS 1
1
Amend the bill further, as and if amended, Part IA, Section 73,
LIEUTENANT GOVERNOR'S OFFICE, page 267, line 5, opposite
/UNCLASSIFIED POSITIONS/ by increasing the amount(s) in Columns
5 and 6 by:
Column 5 Column 6
1 1
Amend the bill further, as and if amended, Part IA, Section 73,
LIEUTENANT GOVERNOR'S OFFICE, page 268, line 20, opposite
/EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns
5 and 6 by:
Column 5 Column 6
1 1
Amend the bill further, as and if amended, Part IA, Section 79,
ELECTION COMMISSION, page 280, line 20, opposite /OTHER
OPERATING EXPENSES/ by increasing the amount(s) in Columns 5 and
6 by:
Column 5 Column 6
150,000 150,000
Amend the bill further, as and if amended, Part IA, Section 80C,
B&C-EMPLOYEE BENEFITS, page 300, line 11, opposite
/PENSIONS-RET NATL GUARD/ by increasing the amount(s) in Columns
5 and 6 by:
Column 5 Column 6
601,583 601,583
Amend the bill further, as and if amended, Part IA, Section 80C,
B&C-EMPLOYEE BENEFITS, page 300, lines 25-26, opposite
/HEALTH INSURANCE - EMPLOYER CONTRIBUTIONS/ by increasing the
amount(s) in Columns 5 and 6 by:
Column 5 Column 6
5,419,583 5,419,583
Amend the bill further, as and if amended, Part IA, Section 80C,
B&C-EMPLOYEE BENEFITS, page 300, line 27, opposite /ST
RETIREMENT-STATE EMPLOYEES/ by increasing the amount(s) in
Columns 5 and 6 by:
Column 5 Column 6
561,834 561,834
Amend the bill further, as and if amended, Part IA, Section 80C,
B&C-EMPLOYEE BENEFITS, page 300, line 30, opposite /OPEB
TRUST FUND PAYMENT/ by increasing the amount(s) in Columns 5 and
6 by:
Column 5 Column 6
25,161,557 25,161,557
Amend the bill further, as and if amended, Part IA, Section 86A,
AID TO SUBDIVISIONS-DEPARTMENT OF REVENUE, page 309, line 4-5,
opposite /AID TO COUNTIES - HOMESTEAD EXEMPTION FUND/ by
decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
9,500,000 9,500,000
Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 342, paragraph 1.88 (Teacher Salary Increases), lines 3-24, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 1,
DEPARTMENT OF EDUCATION, page 342, after line 26, by adding an
appropriately numbered paragraph to read:
/ (SDE: EFA-IDEA Contingency Reserve)
Notwithstanding any other provision of law, the Department of
Education may draw up to $36,202,909 from the Health, Education,
and Infrastructure Reserve Account in the Office of the State
Treasurer to supplement a loss of federal funding from the
Individuals with Disabilities Education Act (IDEA) expected on
October 1, 2012. No funds shall be expended until the U.S.
Department of Education initiates a reduction in funds, and only
in an amount equal to the amount of federal funds withheld.
These funds shall be distributed using the same methodology as
federal IDEA funds. The Department of Education shall notify
within one business day the Governor, the Chairman of the Senate
Finance Committee, and the Chairman of the House Ways and Means
Committee any actions taken by the U.S. Department of Education
to reduce IDEA funds. /
Amend the bill further, as and if amended, Part IB, Section 1,
DEPARTMENT OF EDUCATION, page 342, after line 26, by adding an
appropriately numbered paragraph to read:
/(SDE: School Enrollment Policy)_For Fiscal Year 2012-13,
any school district with an open enrollment policy for all
schools or certain schools which had previously accepted certain
students residing outside of the district to an academic magnet
school in the district must continue to accept these students
and their siblings for enrollment at the academic magnet school
under the same terms and conditions these students were
previously permitted to attend the school. /
Amend the bill further, as and if amended, Part IB, Section 1,
DEPARTMENT OF EDUCATION, page 342, after line 26, by adding an
appropriately numbered paragraph to read:
/(SDE: School District Fees) School districts may not
charge parents or guardians tuition or fees solely for the
purpose of enrolling in or attending a public school or public
school program for which the child is otherwise eligible
occurring during the course of the regular school year. School
districts choosing to operate a 4K program open to all students
may not charge the parents or guardians tuition for attendance
in such a program. Districts may continue to charge
matriculation and incidental fees per Section 59-19-90(8) of the
1976 Code. /
Amend the bill further, as and if amended, Part IB, Section 1A,
DEPARTMENT OF EDUCATION - EIA, page 346, paragraph 1A.14, lines
33-36, and page 347, lines 1-4 by striking the paragraph in its
entirety and inserting:
/ 1A.14. (SDE: XI-Defined Program Personnel
Requirements) Administrative positions requiring State Board of
Education teacher or administrator certification, may
only be filled either by
individuals an individual
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, or in
the case of a charter school authorized under title 59, Chapter
49, an individual employed by an entity under contract with the
school district may fill such a position.
However, if such a position in a charter school is filled
by an individual that does not receive a W-2 from the hiring
school district, the total compensation for the individual shall
not exceed the total compensation of the highest paid individual
in a similar position at a school district of the same or lesser
size of the charter school in the state of South Carolina. If
such total compensation does exceed that amount, the school's
EFA and/or EIA allocation shall be reduced by the amount which
such compensation exceeds that amount specified in the previous
sentence. 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. /
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 347, paragraph 1A.15 (Autism Parent-School Partnership Program), lineS 5-6, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 362, paragraph 1A.48 (IDEA Maintenance of Effort), line 28, by inserting at the end:
/ The department is directed to transfer $350,000 to the South Carolina autism Society for the Autism Parent-School Partnership Program./
Amend the bill further, as and if amended, Part IB, Section 1A,
DEPARTMENT OF EDUCATION - EIA, page 363, paragraph 1A.56, lines
34-36, and page 364, lines 1-10 by striking the paragraph in its
entirety and inserting:
/1A.56. (SDE-EIA: XII.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 $49,319. 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.
For
fiscal year 2012-13, the Department of Education is directed to
increase the 2008-2009 statewide salary schedule by two percent.
A local school district board of trustees must provide all
certified teachers paid on the teacher salary schedule a two
percent salary increase. Districts are to provide this increase
using the district salary schedule utilized the prior fiscal
year as its base. School districts shall utilize the additional
funds made available from the Teacher Salary Support - State
Share appropriation to provide the required two percent
increase. Each school district shall receive funds under the
Teacher Salary Support - State Share line item in the same
manner as Teacher Salaries Supplement funds are distributed.
Additionally, for the current fiscal year, a local
school district board of trustees must increase the salary
compensation for all eligible certified teachers employed by the
district by no less than one year of experience credit using the
district salary schedule utilized the prior fiscal year as the
basis for providing the step. Application of this provision must
be applied uniformly for all eligible certified teachers. If a
school district believes it will be unable to provide the
required additional step without incurring a deficit, it may
apply to the State Board of Education for a waiver from this
requirement. Upon approval of the waiver requirement by the
Board, the district shall be exempt from providing this step
increase for Fiscal Year 2012-2013. Certified teachers employed
in districts that are granted a waiver shall not have their
experience credit negatively impacted as a result of the
district being granted a waiver. A local school district shall
continue to pay teachers for changes in their education level.
A school district shall not be granted a waiver from providing a
step if the incurred deficit is a result of granting salary
increases to employees beyond those paid on the teacher salary
schedule. The State Board of Education shall report to the
Chairmen of the Senate Finance Committee and the House Ways and
Means Committee by September 1, 2012, regarding those districts
which requested a waiver and the subsequent action taken by the
Board.
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.
For
purposes of this provision teachers shall be defined by the
Department of Education using the Professional Certified Staff
(PCS) System. /
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 364, paragraph 1A.58 (Dropout Recovery Pilot Program), lines 18-32, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 1A,
DEPARTMENT OF EDUCATION - EIA, page 365, after line 19, by
adding an appropriately numbered paragraph to read:
/(SDE-EIA: Flexibility) Funds received by districts from
the School Building Aid Program may be flexed in the current
fiscal year./
Amend the bill further, as and if amended, Part IB, Section 2, LOTTERY EXPENDITURE ACCOUNT, page 372, paragraph 2.5, line 9, opposite "LIFE Scholarships" by striking /$107,054,616;/ and inserting /$121,101,760;/
Amend the bill further, as and if amended, Part IB, Section 2, LOTTERY EXPENDITURE ACCOUNT, page 372, paragraph 2.5, line 10, opposite "HOPE Scholarships" by striking /$7,823,474;/ and inserting /$8,023,474;/
Amend the bill further, as and if amended, Part IB, Section 2, LOTTERY EXPENDITURE ACCOUNT, page 372, paragraph 2.5, lines 11-12, opposite "Palmetto Fellows Scholarships" by striking /$30,277,240;/ and inserting /$34,032,213/
Amend the bill further, as and if amended, Part IB, Section 18,
STATE BOARD FOR TECHNICAL & COMPREHENSIVE EDUCATION, page
382, after line 13, by adding an appropriately numbered
paragraph to read:
/(TEC: Manufacturing Training Facility) Of the funds
appropriated to the State Board for Technical and Comprehensive
Education, $3,500,000 must be utilized to complete the up-fit of
a manufacturing training facility at Central Carolina Technical
College. The facility shall be used in conjunction with worker
training programs offered by the ReadySC program./
Amend the bill further, as and if amended, Part IB, Section 22,
DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 396,
paragraph 22.47, lines 31-33, by striking the paragraph in its
entirety and inserting:
/ 22.47. (DHEC: Best Chance Network & Colorectal
Cancer Awareness/Prevention) Section 11-11-230(A) of the 1976
Code is suspended for Fiscal Year 2012-13. There is created in
the State Treasury the Smoking Prevention and Cessation Trust
Fund. This fund is separate and distinct from the general fund
of the State and all other funds. Earnings and interest on this
fund must be credited to it and any balance in this fund at the
end of the fiscal year shall be carried forward in the fund from
the prior fiscal year into the current fiscal year. Of the five
million dollars transferred from the Smoking Prevention and
Cessation Trust Fund to the Department of Health and
Environmental Control the Department, $1,000,000 shall be used
for the Best Chance Network and $1,000,000 shall be used for
Colorectal Cancer Awareness/Prevention. /
Amend the bill further, as and if amended, Part IB, Section 24,
DEPARTMENT OF DISABILITIES & SPECIAL NEEDS, page 400,
paragraph 24.12 (Child Daycare Centers), line 33, by inserting
at the end:
/ By September 15, the department must transfer $100,000
to the anderson County Disabilities Board for the provision of
these services. /
Amend the bill further, as and if amended, Part IB, Section 40,
DEPARTMENT OF COMMERCE, page 419, paragraph 40.17, lines 30-36,
and page 420, lines 1-15, by striking the paragraph in its
entirety and inserting
/ 40.17. (CMRC:
Regional Economic Development Organizations) The Department of
Commerce shall utilize the $5,000,000 appropriated in Fiscal
Year 2011-12 2012-13 for Regional
Economic Development Organizations to provide funds to the
following seven six economic
development organizations:
(1)
Central SC Economic Development Alliance;
(2)
Charleston Regional Development Alliance;
(3)
Economic Development Partnership;
(4)
North Eastern Strategic Alliance (NESA);
(5)
Southern Carolina Alliance;
(6)
Upstate Alliance; and
(7)
Lowcountry Economic Alliance.
Of the $5,000,000 appropriated for this
purpose, $4,700,000 $4,475,000
must be disbursed equally to each organization. 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
$525,000 shall be provided to Chester County,
Lancaster County, Union County, Saluda
County, Lee County, Sumter County, Beaufort 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 first, 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.
Unexpended or undistributed funds
shall be carried forward from the prior fiscal year into the
current fiscal year and shall be used for the same
purpose. Any unexpended or undistributed funds
appropriated in prior fiscal years for Regional Economic
Development Organizations shall be transferred to the Rural
Infrastructure Fund at the Department of Commerce. /
Amend the bill further, as and if amended, Part IB, Section 40,
DEPARTMENT OF COMMERCE, page 420, after line 23, by adding an
appropriately numbered paragraph to read:
/(CMRC: SC Mfg Extension Partnership) No funds
appropriated to the department that are designated for the SC
Manufacturing Extension Partnership may be utilized to
compensate employees or individuals who engage in lobbying
services on behalf of the department or the partnership. In
addition, the department shall prepare an annual report on the
SC Manufacturing Extension Partnership's expenditures for the
prior fiscal year and shall submit the report to the Chairman of
the Senate Finance Committee and the Chairman of the House Ways
and Means Committee by November first./
Amend the bill further, as and if amended, Part IB,
Section 44, JUDICIAL DEPARTMENT, page 422, after line 24, by
adding an appropriately numbered paragraph to read:
/ (JUD: At-Large Judges) All new judges authorized and
funded per this act shall be elected at large. /
Amend the bill further, as and if amended, Part IB, Section 45,
OFFICE OF THE ATTORNEY GENERAL'S , page 423, paragraph 45.7
(Litigation Recovery Account), line 20, by inserting at the
end:
/Any funds remaining in the Litigation Recovery Account on
July 1, 2012 must be transferred to the General Fund for credit
in Fiscal Year 2012-13. /
Amend the bill further, as and if amended, Part IB, Section 53, DEPARTMENT OF JUVENILE JUSTICE, page 440, paragraph 53.13 (Emergency Authority to Transfer PIP Funds), line 11, by striking /2011-12/ and inserting /2012-13/
Amend the bill further, as and if amended, Part IB, Section 67, DEPT. OF EMPLOYMENT & WORKFORCE, page 447, paragraph 67.7, line 24, by striking /Of/ and inserting /Thirty percent of/
Amend the bill further, as and if amended, Part IB, Section 67, DEPT. OF EMPLOYMENT & WORKFORCE, page 447, paragraph 67.7, line 25, by striking /, any increased revenue resulting from the taxable wage base increase, /
Amend the bill further, as and if amended, Part IB, Section 69,
STATE PORTS AUTHORITY, page 450, paragraph 69.3, lines 19-24, by
striking the paragraph in its entirety and inserting:
/ 69.3. (SPA:
Harbor Deepening Reserve Fund) There is created at the State
Ports Authority the Harbor Deepening Reserve Fund. The Harbor
Deepening Reserve Fund is funded by the Harbor Deepening Reserve
Account within the State Ports Authority and the Health,
Education, and Infrastructure Reserve Account within the Office
of State Treasurer. Both accounts shall be separate and
distinct from the General Fund and interest accrued by the
account must remain in the account. The fund must be used
exclusively by the South Carolina Ports Authority for the
activities associated with deepening the state's harbors. Prior
to expending any amount from the fund, the State Ports Authority
must present a comprehensive plan for the use of the fund for
harbor deepening to the Joint Bond Review Committee for review
and comment. Funds in the Harbor Deepening Reserve account
shall be carried forward from the prior fiscal year into the
current fiscal year and must be used for the same
purpose. /
Amend the bill further, as and if amended, Part IB, Section 70, LEGISLATIVE DEPARTMENT, page 453, paragraph 70.7 (House Pages), lines 20-21, by striking: / House Pages shall not be eligible to receive unemployment benefits. /
Amend the bill further, as and if amended, Part IB, Section 70,
LEGISLATIVE DEPARTMENT, page 453, paragraph 70.15, lines 9-26,
by striking the paragraph in its entirety and inserting:
/ 70.15. (LEG: Additional House Support Personnel) The
funds provided for Legislative/Constituent Services are
appropriated for the purpose of providing additional support
personnel to assist House members who are not already being
furnished with direct legislative assistance in the conduct of
their legislative responsibilities. This amount shall be used
for staffing requirements where necessary for part time
personnel. The additional personnel may be used only in
compliance with Section 8-13-1346(A) of the South Carolina Code
of Laws. At a member's request, the House Operations and
Management Committee may use any unexpended portion of a
member's allotment to purchase equipment for a member's office.
The amount herein appropriated for additional support personnel
shall be allocated to eligible members as follows: For fiscal
years beginning in even years, an eligible member is allowed an
allocation of $500 beginning July 1, as approved by the Speaker
of the House. An additional $2,000 allotment, as approved by
the Speaker of the House, is allowed when the eligible member's
election to the upcoming General Assembly is certified or at the
time the member is unopposed for the general election, whichever
occurs first. A member elected to a full term in the House of
Representatives, who did not serve in the General Assembly
preceding the election, is allowed an allocation of $2,000, as
approved by the Speaker of the House, from the time the member's
election is certified until the end of the then current fiscal
year. For fiscal years beginning in odd years, eligible members
are allowed an allocation of $2,500, as approved by the Speaker
of the House. Whenever a member is elected to fill an unexpired
term, the allotment must be prorated on a monthly basis. The
amounts provided above as allotments for members are provided
for an aide's compensation, exclusive of employer contributions.
Each member may choose to expend his allocation for an
individual legislative aide or may choose to combine his
allocation with allocations of other House members for a
legislative aide to assist each of the members contributing to
the expense of that aide. From the funds
appropriated to the House of Representatives in Part IA,
$287,500 shall be dedicated for the administration and operation
of the Legislative Aide program pursuant to the policies and
procedures as determined by the House Operations and Management
Committee. /
Amend the bill further, as and if amended, Part IB, Section 80A,
BUDGET AND CONTROL BOARD, page 471, paragraph 80A.17, lines 1-5,
by striking the lines in their entirety and by reinserting:
/ 80A.17. (BCB: Lawsuit Funding) The
Executive Director shall pay from the Insurance Reserve Fund the
defense costs of the State, which are incurred in the current
fiscal year, in the Abbeville school funding litigation and the
prisoner mental health care litigation. The appropriate
official from the House of Representatives and the Senate must
certify to the Executive Director on a monthly basis the costs
incurred in defense of this litigation. Upon receipt of the
certification, the Executive Director shall pay the provider of
these services the amount certified. /
Amend the bill further, as and if amended, Part IB, Section 89,
GENERAL PROVISIONS, page 489, paragraph 89.16 (Allowances for
Residences & Compensation Restrictions), line 13, after
"participation." by inserting:
/ Any state institution of higher learning may provide
complimentary membership privileges to employees who work at
their wellness centers. /
Amend the bill further, as and if amended, Part IB, Section 89,
GENERAL PROVISIONS, page 519, after line 2, by adding an
appropriately numbered paragraph to read:
/ (GP: Facilities
Accommodation) The Department of Corrections is directed to
designate space to accommodate units of the Department of
Probation, Parole and Pardon Services (department) and the Board
of Probation, Parole, and Pardon Services (board) which are
currently located in leased facilities in the Richland County
area. The department and the board shall vacate such leased
property and relocate into the designated location owned by the
Department of Corrections as soon as practicable, but not later
than December 31, 2012.
The Department of Corrections
shall provide relocation services at no cost to the department
and the board, with the exception of the relocation of computer
and telephone systems.
The Department of Corrections
is prohibited from charging rent for the facilities; however,
they may require reimbursement for utilities and computer
services.
Any cost savings or cost
avoidance realized from this provision shall be utilized by the
Department of Probation, Parole and Pardon Services for the
Sentencing Reform Program or for the Young Offender Supervision
Program. /
Amend the bill further, as and if amended, Part IB, Section 89,
GENERAL PROVISIONS, page 519, after line 2, by adding an
appropriately numbered paragraph to read:
/(GP: Implementation of Access to Justice Post-Conviction
DNA Testing Act) The provisions of the "Access to Justice
Post-Conviction DNA Testing Act" (Act 413 of 2008) are not
required to be implemented until such time as general funds are
appropriated or federal or other funds are received to begin
implementation of the act./
Amend the bill further, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 526, paragraph 90.19 (National Mortgage Settlement), lines 15-17, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 526, paragraph 90.20, line 18, by striking /$377,784,450/ and inserting /$545,506,793/
Amend the bill further, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 526, paragraph 90.20, line 23, by striking /$255,450,761/ and inserting /$392,450,761/
Amend the bill further, as and if amended, Part IB, Section 90,
STATEWIDE REVENUE, page 526, paragraph 90.20, after line 23, by
inserting:
/(3) $30,722,343 from Fiscal Year 2012-13 general fund
revenue./
Amend the bill further, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 526, paragraph 90.20, after line 29, by inserting appropriately numbered items to read:
/( ) Y14-State Ports Authority
Harbor
Deepening
Reserve
Fund $300,000,000
( ) (Harbor Deepening Reserve Fund) The Harbor
Deepening Reserve Fund is funded by the Harbor Deepening Reserve
account which is appropriated $180,000,000 to be used in
accordance with Proviso 69.3; with the balance coming from the
Health, Education, and Infrastructure Reserve Account
(HEIRA). /
Amend the bill further, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 526, paragraph 90.20, line 31, opposite "Item (2) P32-Department of Commerce (a) Deal Closing Fund" by striking /$2,000,000/ and inserting /$7,000,000/
Amend the bill further, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 526, paragraph 90.20, after line 34, by inserting a new subitem under "Item (3) K05-Department of Public Safety" to read: /Vehicles $1;/
Amend the bill further, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 527, paragraph 90.20, after line 10, by inserting a new subitem under "Item (6) F03-Budget and Control Board" to read: /( ) Rural Infrastructure Fund $3,000,000;/
Amend the bill further, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 527, paragraph 90.20, line 28, "Item (11) N04-Department of Corrections," by striking /(g) Information Technology Upgrade/ and inserting /(g) Law Library/Information Technology Upgrade/
Amend the bill further, as and if amended, Part IB, Section 90,
STATEWIDE REVENUE, page 527, paragraph 90.20, lines 33-34, by
striking:
/(12) E21-Prosecution Coordination Commission
CDV
Prosecution $1,500,000;/
Amend the bill further, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 528, paragraph 90.20, line 1, "Item (13) E23-Commission on Indigent Defense," by striking / (b) CDV Court Cost $899,000;/
Amend the bill further, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 528, paragraph 90.20, line 3, "Item (14) E20-Attorney General," by striking / (a) Savannah River Maritime Commission Legal Expenses $250,000;/
Amend the bill further, as and if amended, Part IB, Section 90,
STATEWIDE REVENUE, page 528, paragraph 90.20, lines 7-9, by
striking:
/(16) B04-Judicial Department
(a)
Equipment for Judges and Staff $99,660;
(b)
Technology Upgrade/Centralized
Court
Statistics & CMS
$2,500,000;/
Amend the bill further, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 528, paragraph 90.20, line 13, "Item (18) P21-South Carolina State University-PSA," by striking / LAC Audit/ and inserting /Independent Financial Audit/
Amend the bill further, as and if amended, Part IB, Section 90,
STATEWIDE REVENUE, page 528, paragraph 90.20, after line 15, by
inserting a new subitem under "Item (19) H27-University of
South Carolina-Columbia Campus" to read:
/ ( )USC Law School $ 6,500,000;/
Amend the bill further, as and if amended, Part IB,
Section 90, STATEWIDE REVENUE, page 528, paragraph 90.20, after
line 17, by inserting a new subitem under "Item (20)
J02-Department of Health and Human Services" to read:
/( ) In-Home Health Care Systems $500,000;/
Amend the bill further, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 528, paragraph 90.20, line 19, Item "(21) J04-Department of Health and Environmental Control (a) AIDS Drug Assistance program (ADAP)," by inserting after (ADAP) /and Prevention/
Amend the bill further, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 528, paragraph 90.20, line 20, Item "(21) J04-Department of Health and Environmental Control," by striking /(b) Immunizations $1,000,000/
Amend the bill further, as and if amended, Part IB, Section 90,
STATEWIDE REVENUE, page 528, paragraph 90.20, lines 26-28, by
striking:
/(23) P16-Department of Agriculture
(a) Market
Operations $600,000;
(b)
Farmer's market Equipment $400,000;/
Amend the bill further, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 529, paragraph 90.20, line 14, Item "(32) Department of Social Services" opposite /Child Support Enforcement System/ by striking /$3,500,000/ and inserting /$2,500,000/
Amend the bill further, as and if amended, Part IB, Section 90,
STATEWIDE REVENUE, page 529, paragraph 90.20, immediately after
line 16, by inserting an appropriately numbered item to
read:
/ ( ) (SUTA Tax Relief) The funds appropriated above to
the Department of Employment and Workforce for SUTA Tax Relief
may only be used by the department to make payments on
outstanding loans from the Unemployment Insurance Trust Fund.
As soon as practicable after the effective date of this act, the
Department of Employment and Workforce is directed to
recalculate premium rates. The recalculated premium rates shall
be retroactive to January 1, 2011. Any cost savings to
employers in rate class 2-20 due to general fund appropriations
in any particular year must be allocated proportionately to each
employer with respect to each respective employer's
responsibility in paying back the federal unemployment loan that
particular year and must be administered by the department.
Employers must be notified of changes in the premiums due and
employer accounts must be credited and adjusted as appropriate.
The Department of Employment and Workforce is directed to
contact the Federal Government by August 1, 2012, to maximize
efforts to buy the loan down to the greatest extent
possible. /
Amend the bill further, as and if amended, Part IB, Section 90,
STATEWIDE REVENUE, page 529, paragraph 90.20, lines 17-18, by
striking:
/ (34) Y14-State Ports Authority
Harbor
Deepening Reserve Fund $180,000,000. /
Amend the bill further, as and if amended, Part IB, Section 90,
STATEWIDE REVENUE, page 529, paragraph 90.20, after line 18, by
inserting appropriately numbered items to read:
/ ( )
X22-Aid to Subdivisions - State Treasurer
Local
Government Fund $
10,000,000;
( )
H03-Commission on Higher Education
University Center of Greenville
Technology Upgrade
$100,000;
( )
H59-State Board for Technical and
Comprehensive Education
(a)
Central Carolina Technical College -
Training
Facility Purchase and Upfit $
1,250,000;
(b)
Tri-County Technical College -
Pedestrian Safety Improvements $
500,000;
( )
H12-Clemson University
Grid
Simulator Project $
3,000,000;
Greenwood Genetics Lab $
2,000,000;
( )
J16-Department of Disabilities and Special
Needs
Charles
Lea Center - 1 to 1 Match $
1;
( )
(Charles Lea Center Match) Each state
dollar of the above appropriation for the Charles Lea Center
must be matched with one dollar of private funds.
( )
H91-Arts Commission
Grants
$
1;
( )
P24-Department of Natural Resources
Savannah
River Basin Study Phase II $
150,000;
( )
U12-Department of Transportation
Salt
Sheds and Maintenance facility $
3,300,000;
( )
H73-Vocational Rehabilitation
Rehabilitation
Program State match Funds $
1,000,000'
( )
U20-County Transportation Funds
C-Funds
$19,671,000;
Amend the bill further, as and if amended, Part IB,
Section 90, STATEWIDE REVENUE, page 529, paragraph 90.20, after
line 27, by inserting an appropriately numbered subsection to
read:
/ ( ) There is created within the
Office of State Treasurer the Health, Education, and
Infrastructure Reserve Account (HEIRA) which shall be separate
and distinct from the General Fund and interest accrued by the
account must remain in the account. In the event the Harbor
Deepening Trust Fund has not drawn down funds from this account
by March 31, 2013, then the funds shall be distributed in the
following manner: 24%, not to exceed $20,111,302 to Other
Post-Employment Benefits (OPEB), 40%, not to exceed $33,518,836
to a Bridge Replacement/Repair Program at the Department of
Transportation, and the remainder to the Health and Human
Services Reserve Account. /
Amend the bill further, as and if amended, Part II, PERMANENT PROVISIONS, page 529, by inserting after line 29:
The Code Commissioner is directed to include all permanent general laws in this Part in the next edition of the Code of Laws of South Carolina, 1976, and all supplements to the Code.
Amend the bill further, as and if amended, Part II, PERMANENT
PROVISIONS, page 529, by inserting after line 29:
TO AMEND SECTION 12-6-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX RATES FOR PASS-THROUGH TRADE AND BUSINESS INCOME, SO AS TO REDUCE THE TAX RATE FROM FIVE PERCENT TO THREE PERCENT.
A. Section 12-6-545(B)(2) of the 1976 Code, as added by Act 41 OF 2005, is amended read:
"(2) The rate of
the income tax imposed pursuant to this subsection is:
Taxable Year Beginning in
Rate of Tax
2006
6.5 percent
2007
6 percent
2008
5.5 percent
after 2008 through
2011 5
percent
after 2011
3 percent"
B. This section takes effect upon approval by the governor and applies for taxable years beginning after 2011. /
Amend the bill further, as and if amended, Part II, PERMANENT PROVISIONS, page 529, by inserting after line 29:
TO AMEND SECTION 1-30-25, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT AND THE COMPONENTS OF THESE DEPARTMENTS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION OF THE TRANSFER OF THE DIVISION OF AERONAUTICS FROM THE SOUTH CAROLINA DEPARTMENT OF COMMERCE TO THE STATE BUDGET AND CONTROL BOARD; TO AMEND TITLE 55 BY ADDING CHAPTER 2 SO AS TO TRANSFER THE DIVISION OF AERONAUTICS FROM THE SOUTH CAROLINA DEPARTMENT OF COMMERCE TO THE STATE BUDGET AND CONTROL BOARD; TO PROVIDE THAT THIS PLACEMENT OF THE DIVISION OF AERONAUTICS AS A SEPARATE DIVISION OF THE STATE BUDGET AND CONTROL IS FOR ADMINISTRATIVE AND SUPPORT SERVICES ONLY AND THE DUTIES AND FUNCTIONS OF THE DIVISION OF AERONAUTICS AND ITS EXECUTIVE DIRECTOR ARE GOVERNED SOLELY BY THE AERONAUTICS COMMISSION; TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE AERONAUTICS COMMISSION, THE QUALIFICATIONS FOR COMMISSION MEMBERSHIP, THEIR TERMS OF OFFICE, DUTIES, AND FUNCTIONS; TO PROVIDE THE METHOD OF APPOINTMENT OF THE EXECUTIVE DIRECTOR OF THE DIVISION OF AERONAUTICS, AND THE ORGANIZATION AND OBJECTIVES OF THE DIVISION OF AERONAUTICS; AND TO AMEND SECTIONS 55-1-1, 55-1-5, 55-5-190, 55-8-10, 55-8-170, 55-11-10, 55-11-230, AND 55-15-10, ALL AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE DIVISION OF AERONAUTICS, SO AS TO MAKE CONFORMING AMENDMENTS, AND TO REPEAL ARTICLES 6 AND 7, CHAPTER 1, TITLE 13 OF THE 1976 CODE, ALL RELATING TO THE DIVISION OF AERONAUTICS.
A. Section 1-30-25 of the 1976 Code, as last amended by Act 359 of 2008, is further amended to read:
"Section 1-30-25.
The following agencies, boards, and commissions, including
all of the allied, advisory, affiliated, or related entities as
well as the employees, funds, property, and all contractual
rights and obligations associated with any such agency, except
for those subdivisions specifically included under another
department, are transferred to and incorporated in and must be
administered as part of the Department of Commerce to be
initially divided into divisions for
Aeronautics, the Advisory Coordinating
Council for Economic Development, State Development, Public
Railways, and Savannah Valley Development:
(A) South
Carolina Aeronautics Commission, formerly provided for at
Section 55-5-10, et seq. Reserved;
(B) Coordinating
Council for Economic Development, formerly provided for at
Section 41-45-30, et seq.;
(C) Savannah Valley
Authority, formerly provided for at Section 13-9-10, et seq.;
(D) existing divisions
or components of the Department of Commerce formerly a part of
the State Development Board excluding the South Carolina Film
Commission; and
(E) South Carolina
Public Railways Commission, formerly provided for at Section
58-19-10, et seq."
B. 1. Title 55 of the 1976 Code is amended by adding:
Section 55-2-10. As
used in this chapter:
(1) 'Board' means the
State Budget and Control Board.
(2) 'Executive
director' means the Executive Director for the Division of
Aeronautics.
(3) 'Division' means
the Division of Aeronautics.
(4) 'Commission' means
the Aeronautics Commission.
Section 55-2-20. The Aeronautics Division is created within the State Budget and Control Board and there may be no purchase or sale of any aeronautics assets without the approval of the commission. The board shall be the agency in which the division is located and the board shall provide the division with those administrative and support services required in the operations of a state agency, but otherwise, the division is solely governed by the Aeronautics Commission through its executive director as provided in this chapter.
Section 55-2-30. The congressional districts of this State are constituted and created commission districts of the State, designated by numbers corresponding to the number of the respective congressional districts. The commission shall be composed of one member from each district elected by the delegations of the congressional district and one member appointed by the Governor, upon the advice and consent of the Senate, from the State at large. The elections or appointments shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State and shall comply with the provisions of Chapter 13, Title 8. However, consideration of these factors in making an appointment or in an election does not create a cause of action or basis for an employee grievance for a person appointed or elected or for a person who fails to be appointed or elected.
Section 55-2-40. (A)
A county that is divided among two or more
commission districts, for purposes of electing a commission
member, is considered to be in the district which contains the
largest number of residents from that county.
(B) A county within a
commission district may not have a resident commission member
for more than one consecutive term and in no event may any two
persons from the same county serve as a commission member
simultaneously.
Section 55-2-50.
Legislators residing in the congressional district shall
meet upon written call of a majority of the members of the
delegation of each district at a time and place to be designated
in the call for the purpose of electing a commissioner to
represent the district. A majority present, either in person or
by written proxy, of the delegation from a given congressional
district constitutes a quorum for the purpose of electing a
district commissioner. A person may not be elected commissioner
who fails to receive a majority vote of the members of the
delegation.
The delegation must be organized by the
election of a chairman and a secretary, and the delegations of
each congressional district shall adopt rules they consider
proper to govern the election. Any absentee may vote by written
proxy. When the election is completed, the chairman and the
secretary of the delegation shall immediately transmit the name
of the person elected to the Secretary of State who shall issue
to the person after he has taken the usual oath of office, a
certificate of election as commissioner. The Governor then
shall issue a commission to the person, and pending the issuance
of the commission, the certificate of election is sufficient
warrant to the person to perform all of the duties and functions
of his office as commissioner. Each commissioner shall serve
until his successor is elected and qualified.
Section 55-2-60. (A)
Beginning February 15, 2005, commissioners
must be elected by the legislative delegation of each
congressional district. For the purposes of electing a
commission member, a legislator shall vote only in the
congressional district in which he resides. All commission
members must serve for a term of office of four years that
expires on February fifteenth of the appropriate year.
Commissioners shall continue to serve until their successors are
elected and qualify, provided that a commissioner may only serve
until their successors are elected and qualify, and provided
that a commissioner may only serve in a hold-over capacity for a
period not to exceed six months. Any vacancy occurring in the
office of commissioner must be filled by election in the manner
provided in this article for the unexpired term only. A person
is not eligible to serve as a commission member who is not a
resident of that district at the time of his appointment, except
that the at-large commission member may be appointed from any
county in the State regardless of whether another commissioner
is serving from that county. Failure by a commission member to
maintain residency in the district for which he is elected shall
result in the forfeiture of his office. The at-large commission
member, upon confirmation by the Senate, shall serve as chairman
of the commission.
(B) The terms of the
initial members of the commission appointed from congressional
district are as follows:
(1)
commission members appointed to represent congressional
district one and two, two years;
(2)
commission members appointed to represent congressional
district three and four, three years;
(3)
commission members appointed to represent congressional
district five, six, and seven, four years.
(C) The at-large
commissioner shall serve at the pleasure of the Governor.
Section 55-2-70. Each voting commission member, within thirty days after his election or appointment, and before entering upon the discharge of the duties of his office, shall take, subscribe, and file with the Secretary of State the oath of office prescribed by the Constitution of the State.
Section 55-2-80. (A)
The commission may adopt an official seal
for use on official documents of the division.
(B) The commission
shall adopt its own rules and procedures and may select
additional officers to serve terms designated by the commission.
(C) Commissioners must
be reimbursed for official expenses as provided by law for
members of state boards and commissions as established in the
annual general appropriations act.
Section 55-2-90.
Notwithstanding any other provision of law, the executive
director must be appointed in accordance with the following
procedures:
(A)(1) The commission
shall nominate no more than one qualified candidate for the
Governor to consider for appointment as executive director. In
order to be nominated, a candidate must meet the minimum
requirements as provided in Section 13-1-1090.
(2)
If the Governor rejects a person nominated by the
commission for the position of executive director, the
commission must nominate another candidate for the Governor to
consider until such time as the Governor makes an appointment.
(3)
In the case of a vacancy in the position of executive
director for any reason, the name of a nominee for the executive
director's successor must be submitted by the commission to the
Governor.
(4)
The appointment must comply with the provisions contained
in Chapter 13, Title 8.
(B) The executive
director shall serve at the pleasure of the commission and be
appointed as provided in this section.
Section 55-2-100.
Individuals serving on the commission must meet the
following minimum qualifications to be qualified:
(1) the commission
chairman must have experience in the fields of business, general
aviation, and airport management;
(2) all other members
of the commission must have a proven record of public and
community service, and experience in the fields of business and
aviation. Additionally, each member must meet at least two of
the following criteria:
(a)
general aviation experience;
(b)
airport or fixed based operator (FBO) management
experience;
(c)
aviation service provider experience;
(d)
previous service as a state or regional airport
commissioner;
(e)
legal experience; or
(f)
active involvement in a recognized aviation association.
Section 55-2-110. The organization and objectives of the division are stated in Chapters 1 through 9, Title 55."
2. Section 55-1-1 of the 1976 Code, as last amended by Act 361 of 1994, is further amended to read:
"Section 55-1-1.
There is created a Division of Aeronautics within the
Department of Commerce State Budget and
Control Board which shall must be
governed by the Secretary of Commerce
Aeronautics Commission, through an executive director
appointed as provided pursuant to Section 55-2-90 as
provided in Chapter 1 of Title 13.
3. Section 55-1-5 of the 1976 Code, as last amended by Act 11 of 2005, is further amended to read:
"Section 55-1-5.
For the purposes of Chapters 1 through 9,
of Title 55, the following words and terms are
defined as follows:
(1) 'Division',
unless otherwise indicated, means the Division of Aeronautics of
the Department of Commerce.
(2)
'Secretary 'Commission', unless
otherwise indicated, means the executive and
administrative head of the Department of Commerce or his
designee Aeronautics Commission established pursuant
to Chapter 2 of this title.
(3)(2)
Notwithstanding any other provision of
law, 'executive director' means the person
or persons appointed by the Governor in
accordance with Section 13-1-1080
55-2-90 and serving at the pleasure of the Aeronautics
Commission to supervise and carry out the functions and duties
of the Division of Aeronautics as provided for by law.
(3)
'Division', unless otherwise indicated, means the
Division of Aeronautics of the State Budget and Control
Board."
4. Section 55-5-190 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 55-5-190.
The division, its members and employees and every county
and municipal officer charged with the enforcement of state and
municipal laws shall enforce and assist in the enforcement of
this chapter. The division may also in the name of the State
enforce the provisions of this chapter by injunction in the
circuit courts of this State. Other departments and political
subdivisions of the State may also cooperate with the Division
of Aeronautics of the Department of Commerce
board in the development of aeronautics and aeronautic
facilities within the State."
5. Section 55-8-10(a) of the 1976 Code, as last amended by Act 361 of 1994, is further amended to read:
"(a) 'Agency'
means the Division of Aeronautics of the Department of
Commerce State Budget and Control Board."
6. Section 55-8-170 of the 1976 Code, as last amended by Act 361 of 1994, is further amended to read:
"Section 55-8-170.
(a) The operation of an aircraft on
the land or waters of or in the air over this State shall be
deemed an appointment by the owner or operator of the
Secretary of Commerce Executive Director of
the Aeronautics Commission to be his true and lawful
attorney upon whom may be served all legal process in any action
or proceeding against him, arising from the ownership,
maintenance, use or operation of such aircraft and resulting in
damage or loss to person or property, and the use or operations
shall be signification of his agreement that any such process
against him which is so served shall be of the same legal force
and validity as though served upon him personally, provided such
person is a nonresident of this State or at the time a cause of
action arises is a resident of this State but subsequently
becomes a nonresident of this State.
(b) Service of process
shall be made by serving the original and a copy of the
complaint together with a fee of two dollars upon the
Secretary of Commerce of the South Carolina Department
of Commerce Executive Director of the Aeronautics
Division and by mailing of a copy of such process and of the
complaint by the plaintiff or his attorney to the defendant at
his last known address, within five days thereafter by
registered mail. In lieu of such mailing to defendant in a
foreign state, plaintiff may cause a copy of the complaint and
process to be served personally in the foreign state upon such
defendant by any adult person not a party to the suit by
actually delivering it to the defendant or by offering to make
such delivery in case defendant refuses to accept delivery.
(c) Proof of service of
process upon the Secretary of Commerce
Executive Director of the Division of Aeronautics of the
State Budget and Control Board or proof of mailing or
personal delivery to the defendant shall be made by the
affidavit of the party doing the act, which shall be filed in
the office of the clerk of court in which the suit is filed.
Process shall be deemed to be completed upon the filing of such
affidavit and of the original registry receipt issued by the
post office upon the mailing of such registered letter, if
service is obtained by mail."
7. Section 55-11-10(5) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(5) Designate the
Division of Aeronautics of the Department of
Commerce State Budget and Control Board as its
agent, to accept, receive, receipt for and disburse federal or
state funds or other funds, public or private, made available
for the purposes of this section, as may be required or
authorized by law;"
8. Items (B)(4) and (B)(9)(n) of Section 55-11-230 of the 1976 Code, as last amended by Act 265 of 1996, are further amended to read:
"(4) By January
31, 1996, the Airport Environs Planning Commission shall develop
a uniform land use plan and uniform building performance
standards for the airport environs area, submit them for review
and comment to the governing body of each political subdivision
represented on the Airport Environs Planning Commission, as well
as the South Carolina Department of Commerce
Division of Aeronautics of the State Budget and Control
Board and the Federal Aviation Administration, conduct
public hearings pursuant to Article 3, Chapter 29, Title 6, on
the proposed uniform plan and standards. After receiving
comments and conducting hearings, the Airport Environs Planning
Commission shall adopt a land use plan and building performance
standards to be effective throughout the airport environs area
and enforced fully and without amendment by each political
subdivision represented on the Airport Environs Planning
Commission. The Airport Environs Planning Commission, by
majority of all voting members, may extend the January 31, 1996,
deadline for a reasonable period of time not to exceed beyond
March 31, 1996, for the completion of these tasks. Each
political subdivision shall enforce the uniform plan and
standards as an 'overlay zone', identifying areas subject to
regulation which are supplementary to the existing regulations
of that political subdivision, or as new or superseding
provisions to that political subdivision's ordinances. If there
is a conflict between the provisions adopted by the Airport
Environs Planning Commission under this section or regulations
of a political subdivision applicable to the airport environs
area, then the provisions adopted by the Airport Environs
Planning Commission under this section shall govern. If a
uniform land use plan or uniform building performance standards
are not developed by the Airport Environs Planning Commission in
the manner provided in this section, any of the entities
represented on the Airport Environs Planning Commission may file
an action for relief, including mandamus or injunctive relief,
in the circuit court for Greenville or Spartanburg County, to
require adoption of the plan or standards, or both, as directed
by this section. Such an action must be brought within sixty
days of the deadline as set forth above."
"(n)
the uses in the airport environs area and the
sub-area based on future projected uses of the airport which are
not compatible and should not be permitted, which are basically
incompatible and should be discouraged, and which are generally
compatible with some limitations or restrictions. Such
determination shall take into account the public safety and
public welfare findings set forth in Section 1 hereof. Such
determinations are to conform to and be consistent with noise
and overflight zone-compatible land use recommendations of
federal and state authorities, including specifically policies
established by the United States Air Force pursuant to DODINST
4165.57 Air Installation Compatible Use Zone (A1CUZ), the uses
recommended in the 1993 Greenville-Spartanburg Development Plan
adopted by the county planning commissions, and the
South Carolina Department of Commerce, Aviation
Division Aeronautics Division of the State Budget
and Control Board."
9. Section 55-15-10(f) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(f) The term
'public authority' means the Division of Aeronautics of the
Department of Commerce State Budget and
Control Board, a municipality, a county or other political
subdivision of this State, separately or jointly, authorized to
acquire land, air rights, safety markers, and lights as provided
in Chapter 9, of Title 55."
10. Articles 6 and 7, Chapter 1, Title 13 of the 1976 Code are repealed.
11. (A) Where the
provisions of this part transfer the Division of Aeronautics
from the Department of Commerce to the State Budget and Control
Board, the employees, authorized appropriations, and assets and
liabilities of the transferred division are also transferred to
and become part of the Division of Aeronautics of the State
Budget and Control Board. All classified or unclassified
personnel employed by this Aeronautics Division on the effective
date of this act, either by contract or by employment at will,
become employees of the State Budget and Control Board with the
same compensation, classification, and grade level, as
applicable.
(B) Regulations
promulgated by the Division of Aeronautics as formerly existed
under the Department of Commerce, or other agencies are
continued and are considered to be promulgated by the
Aeronautics Commission.
(C)(1) The Code
Commissioner is directed to change or correct all references to
the State Budget and Control Board of the Aeronautics Division
of the Department of Commerce in the 1976 Code to reflect the
transfer of them to the State Budget and Control Board.
References to the names of these offices in the 1976 Code or
other provisions of law are considered to be and must be
construed to mean appropriate references.
(2)
On or before January 1, 2013, the Code Commissioner also
shall prepare and deliver a report to the President Pro Tempore
of the Senate and the Speaker of the House of Representatives
concerning appropriate and conforming changes to the 1976 Code
of Laws reflecting the provisions of this SECTION.
(D) Members of the
Aeronautics Commission serving on the effective date of this act
are deemed to have been appointed pursuant to Chapter 2, Title
55 of the 1976 Code as added by this act.
C. This section takes effect July 1, 2012. /
Amend the bill further, as and if amended, Part II, page 529, by inserting after line 29:
TO AMEND SECTIONS 12-62-50 AND 12-62-60, BOTH AS AMENDED, OF THE 1976 CODE, RELATING TO REBATES OF A PORTION OF A THE SOUTH CAROLINA PAYROLL OF A MOVIE PRODUCTION COMPANY REQUIRED TO WITHHOLD SOUTH CAROLINA INDIVIDUAL INCOME TAX ON PERSONS IT EMPLOYS IN THIS STATE AND A PORTION OF THE PRODUCTION EXPENSES MADE BY A MOTION PICTURE COMPANY IN THIS STATE, BOTH IN CONNECTION WITH FILM PRODUCTION IN THIS STATE QUALIFYING FOR THESE REBATES, SO AS RESPECTIVELY TO INCREASE THE MAXIMUM REBATES FROM FIFTEEN PERCENT TO TWENTY PERCENT OF PAYROLL AND THE MAXIMUM REBATE FROM FIFTEEN TO THIRTY PERCENT OF PRODUCTION COSTS.
A. Section 12-62-50(A)(1) of the 1976 Code, as last amended by Act 359 of 2008, is further amended to read:
"(1) The South
Carolina Film Commission may rebate to a motion picture
production company a portion of the South Carolina payroll of
the employment of persons subject to South Carolina income tax
withholdings in connection with production of a motion picture.
The rebate may not exceed fifteen twenty
percent of the total aggregate South Carolina payroll for
persons subject to South Carolina income tax withholdings
employed in connection with the production when total production
costs in South Carolina equal or exceed one million dollars
during the taxable year. The rebates in total may not annually
exceed ten million dollars and shall come from the state's
general fund. For purposes of this section, 'total aggregate
payroll' does not include the salary of an employee whose salary
is equal to or greater than one million dollars for each motion
picture."
B. Section 12-62-60(A)(1) of the 1976 Code, as last amended by Act 56 of 2005, is further amended to read:
"(1) An amount
equal to twenty-six percent of the general fund portion of
admissions tax collected by the State of South Carolina for the
previous fiscal year must be funded annually by September first
to the department for the exclusive use of the South Carolina
Film Commission. The department may rebate to a motion picture
production company up to fifteen thirty
percent of the expenditures made by the motion picture
production company in the State if the motion picture production
company has a minimum in-state expenditure of one million
dollars. The distribution of rebates may not exceed the amount
annually funded to the department for the South Carolina Film
Commission from the admissions tax collected by the State."
C. This section takes effect July 1, 2012. /
Renumber sections to conform.
Amend totals and titles to conform.