S 157 Session 112 (1997-1998)
S 0157 General Bill, By Passailaigue
A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO
UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE
INTERNAL REVENUE CODE OF 1986.
01/14/97 Senate Introduced and read first time SJ-141
01/14/97 Senate Referred to Committee on Finance SJ-141
02/20/97 Senate Committee report: Favorable with amendment
Finance SJ-13
03/05/97 Senate Amended SJ-32
03/05/97 Senate Read second time SJ-32
03/06/97 Senate Read third time and sent to House SJ-28
03/11/97 House Introduced and read first time HJ-9
03/11/97 House Referred to Committee on Ways and Means HJ-9
04/24/97 House Committee report: Favorable with amendment Ways
and Means HJ-3
04/29/97 House Debate adjourned until Wednesday, April 30, 1997 HJ-76
04/30/97 House Debate adjourned until Thursday, May 1, 1997 HJ-35
05/01/97 House Debate adjourned until Tuesday, May 6, 1997 HJ-24
05/06/97 House Amended HJ-24
05/06/97 House Read second time HJ-28
05/07/97 House Read third time and returned to Senate with
amendments HJ-40
06/04/97 Senate Continued SJ-34
01/14/98 Senate Consideration interrupted SJ-43
01/15/98 Senate Consideration interrupted
06/02/98 Senate House amendment amended SJ-94
06/02/98 Senate Returned to House with amendments SJ-94
06/04/98 House Tabled HJ-16
Indicates Matter Stricken
Indicates New Matter
HOUSE AMENDMENTS AMENDED
June 2, 1998
S. 157
Introduced by Senator Passailaigue
S. Printed 6/2/98--S.
Read the first time January 14, 1997.
A BILL
TO PROVIDE FOR APPROPRIATIONS TO MEET THE
ORDINARY EXPENSES OF STATE GOVERNMENT FOR
FISCAL YEAR BEGINNING, JULY 1, 1998, BY
REAUTHORIZING THE PROVISIONS OF PART I OF ACT 155
OF 1997 EXCEPT AS DELETED, LIMITED, MODIFIED, OR
INCREASED BY THE PROVISIONS OF THIS ACT; TO
PROVIDE FOR SUPPLEMENTAL APPROPRIATIONS FROM
REVENUES AVAILABLE AT THE CLOSE OF FISCAL YEAR
1997-98; AND TO PROVIDE THAT ALL ACTS OR PARTS OF
ACTS INCONSISTENT WITH ANY PROVISION OF THIS ACT
ARE SUSPENDED FOR FISCAL YEAR 1998-99.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The provisions of Part 1 of Act 155 for fiscal year
1997-98 are hereby reauthorized and shall constitute the general
appropriations of state government for fiscal year 1998-99 to pay the
expenses of state government, mutatis mutandis, except as limited,
modified, or increased by the provisions contained in Section 2.
SECTION 2. (A) In addition to the general fund appropriations
provided for in Part IA of Act 155 of 1997 as reauthorized by this act,
the appropriations for fiscal year 1998-99 for the following
SECTIONS are adjusted as follows:
SECTION 4 Judicial Department
Judges & Staff Salaries - Annualization1,184,390
Tiered Judges Salary Structure - Annualization292,827
Judicial Commitment Fees - Annualization343,200
SECTION 11 Attorney General
Medicaid Fraud Control Unit - Annualization39,316
SECTION 12 Prosecution Coordination Commission
Judicial Circuit Support - Annualization500,000
SECTION 13 Office of Appellate Defense
Operating Expenses - Annualization340,000
SECTION 15 Adjutant General's Office
Emergency Preparedness - Annualization and
Replace Loss of Federal Funds530,622
SECTION 17B Budget & Control Board - Division
of Operations Capitol Complex Rent1,500,000
State House Operations & Maintenance957,339
SECTION 17F Budget & Control Board - Employee
Benefits FY 97-98 Pay Annualization9,359,113
FY 98-99 Employee Pay Increase 2.5%
October 16, 199827,269,172
Health Insurance Employer Rate Increase11,725,297
SECTION 17G Budget & Control Board - Capital
Reserve Fund 4,846,500
SECTION 18A Commission on Higher Education
EPSCOR - Annualization2,500,000
SCAMP - Annualization600,000
Higher Education Funding - Annualization16,000,000
Academic Endowment Incentive800,000
SECTION 18B Higher Education Tuition Grants
Scholarship Program - Annualization900,000
SECTION 18KA University of South Carolina-Columbia
Institute of Public Affairs - Annualization500,000
Small Business Development Center -
Annualization 191,398
SECTION 18N Technical & Comprehensive Education
Special Schools - Annualization2,000,000
SECTION 19 Department of Education
Education Finance Act & Fringe 40,824,350
Fringe Equity Holdharmless - Annualization8,500,000
Instructional Materials - Annualization13,602,951
School Bus Driver Pay Plan - 2.5%
October 16, 1998789,995
Transportation Parts & Fuel - Annualization1,450,000
Full-Day Kindergarten & Fringe -
Final Phase-in13,615,828
Governor's School for Arts - Startup Costs1,694,363
SECTION 29 Department of Health & Human Services
Annualization of FY 97-98 Medicaid Funding15,437,281
Maintenance of Current Medicaid Program
Effort 12,544,051
SECTION 31 Department of Mental Health
Sexual Predator Program140,865
SECTION 32 Department of Disabilities and Special Needs
Maintenance of Current Medicaid Program 587,000
Medicaid Match - Replace Loss of Federal Funds919,000
SECTION 33 Department of Alcohol & Other Drug Abuse
Services
The Bridge Program - Annualization300,000
SECTION 35 Department of Social Services
Emotionally Disturbed Children Program-
Annualization5,500,000
SECTION 42 Department of Probation Pardon & Parole
Annualization Of Supervision and Investigative
Agents 1,658,116
SECTION 43 Department of Juvenile Justice
Annualization of Current Program Effort5,262,594
SECTION 46 Clemson PSA
Agri-Systems Research & Training1,500,000
SECTION 67 Debt Service 2,500,000
SECTION 68A Aid to Subdivisions - Comptroller General
Homestead Exemption - Growth1,427,068
Property Tax Relief Fund- Annualization &
Growth 12,843,672
Manufacturer's Depreciation Allowance-
Annualization4,891,426
Manufacturer's Depreciation Allowance
FY99 Phase-in10,889,263
SECTION 68B Aid to Subdivisions - State Treasurer
Local Government Fund - Annualization &
Growth 15,435,472
(B) For purposes of the 1998-99 general appropriations, the
following Part IB provisos of Act 155 of 1997 are amended to read:
2.1. (Appropriations From Funds) Subject to the terms and
conditions of this act, the sums of money set forth in this Part, if so
much is necessary, are appropriated from the general fund of the
state, the education improvement act fund, the highways and public
transportation fund, and other applicable funds, to meet the ordinary
expenses of the state government for Fiscal Year 1997-98,
1998-99, and for other purposes specifically designated.
2A.1. ( Fiscal Year Definitions) For purposes of the
appropriations made by this Part, "current fiscal year"
means the fiscal year beginning July 1, 1997, 1998,
and ending June 30, 1998, 1999, and "prior
fiscal year" means the fiscal year beginning July 1,
1996, 1997, and ending June 30, 1997
1998.
10.4. (TREAS: General Reserve Fund Transfer) The State
Treasurer's Office is authorized to transfer $3,373,537
$7,269,750 of General Funds to the General Reserve Fund
on July 1, 1997 1998, to comply with Article III,
Section 36 of the Constitution. This amount of General Funds must
be replaced as the first priority of any FY 1996-97
1997-98 surplus.
16.9. (ELECT: General Election Carry Forward) Up to
$200,000 in funds appropriated for the 1996 General Election may be
carried forward and used to help defray the costs of conducting the
November 1997 Special Elections for the State Senate and the State
House of Representatives. Any remaining funds may be
carried forward and used to help defray the costs of conducting the
1998 General Election and to help in the purchase of Automated
Count Absentee Voting Systems on a match basis not to exceed a total
of $261,800.
17C.13. (BCB/DBA: OHR - Employee Pay) The amounts
appropriated to the Budget and Control Board for Employee Pay
Increase must be allocated by the Board to the various state agencies
to provide for employees pay increases in accordance with the
following plan:
1. With respect to classified employees, effective on or
after July 1 October 16 of the current fiscal year, the
compensation of all classified employees shall be increased by 2.5%.
2. With respect to unclassified employees or unclassified
executive compensation system employees not elsewhere covered in
this Act, effective on or after July 1 October
16 of the current fiscal year, each agency is authorized to allot
the total funds for compensation increases among individual
employees without uniformity. The funds provided for compensation
increases for any employees subject to the provisions of this
paragraph are based on an annual average 2.5% increase. All of the
salaries are subject to the provisions of Section 72.24 of Part IB of
this Act and Office of Human Resources' approval must be obtained
before any employees subject to the provisions of this paragraph may
be granted an annual pay increase in excess of the guidelines
established by the Budget & Control Board. Any employee
subject to the provisions of this paragraph shall not be eligible for
compensation increases provided in paragraphs 1, 3, 4, 5, 6 or 7.
3. With respect to agency heads covered by the Agency Head
Salary Commission, the Agency Head Salary Commission shall
recommend to the Budget and Control Board salary increases for
agency heads. Agency head increases shall be effective on
or after July 1 October 16 of the current fiscal
year. No agency head shall be paid less than the minimum of the pay
increase range nor receive a salary increase that would have the effect
of raising the salary above the maximum of the pay range.
4. Effective on or after July 1 October
16 of the current fiscal year, agency heads not covered by the
Agency Head Salary Commission, shall receive an annualized base
pay increase of 2.5%.
5. With respect to local health care providers, the funds provided
for compensation increases shall be based on an annual average 2.5%
increase, effective on or after July 1 October
16 of the current fiscal year.
6. Effective on or after July 1 October
16 of the current fiscal year, the Chief Justice and other judicial
officers shall receive a base pay increase of 2.5%.
7. Effective on or after July 1 October
16 of the current fiscal year, the compensation of judicial
employees not elsewhere covered in this act shall be increased by
2.5%.
18A.28. (CHE: Palmetto Fellow Scholarships Regulations) This
proviso is intended to provide direction to the Commission on Higher
Education in developing the regulations for the Palmetto Fellows
Scholarship program and to ensure that the intent of the General
Assembly concerning these awards and the concerns raised in the
public hearing on the awards process are addressed. These
regulations must be developed and resubmitted for use in the 1997-98
academic year by CHE in concert with the standing subcommittees
of the General Assembly to which the regulations were originally
referred in time for the appropriate Committees to take immediate
action upon the commencement of the 1998 Legislative session.
Criteria may include, but are not limited to, academic achievement,
contributions to school and/or community, and work experience. A
nationally recognized organization should be used to assist in the
development of an equitable rating instrument and methodology for
scholarship awards. The minimum criteria necessary in order to
apply for a Palmetto Fellow in 1997-98 1998-99
shall be in accordance with the 1997-98 regulations adopted by
the General Assembly. an SAT or equivalent ACT score of
1200, a GPA of 3.5 on a 4.0 scale and the top 5% of the class. An
essay shall not be used as part of the application process. SAT
and ACT test scores administered in or before December of the
applicant's senior year are to be considered in both the application
and award process. For high schools having a class size of less than
40, the 2 students with the highest GPA in their junior year, who meet
all other requirements, may apply for a Palmetto Fellow Scholarship.
The student with the second highest GPA is to receive 15 points for
the class rank portion of the selection process.
19.7. (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
FY 1997-98 1998-99 has been determined to be
$1,839 $1,879 which includes a 4.5%
2.2% inflation factor.
Any unallocated Education Finance Act funds at the end of the
current fiscal year must be allocated to the school districts for school
building aid on a non-matching basis on the same basis that districts
receive Education Finance Act allocations.
19.18. (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, 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; 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.
Any State Department of Education fees related to certification
services, except for initial certification ($49), are waived. Any
certification fees collected by the State Department of Education
(except initial certification) since January 1, 1998, must be returned
to the payer of such fees.
19A.1. (SDE-EIA: X-Local Financial Support) There shall be no
required local match for Education Improvement Act funds
appropriated in Part IA, Section 19 X. This shall not impact or alter
the requirements of Section 59-21-1030, level of financial effort per
pupil required of each school district; application for waiver. The
inflationary increase required for local financial effort as defined in
Section 59-21-1030 for FY 1997-98 1998-99 is
3.2% 2.2%.
19A.26. (SDE-EIA: XC-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
projected Southeastern average teacher salary is projected to be
$33,547 $34,565. It is the intent of the General
Assembly to fully fund or exceed the Southeastern average teacher
salary as projected. Appropriations for FY 98-99 from EIA funds
shall be increased by $9,812,345 for this purpose.
Funds appropriated in Part IA, Section 19 X.C. 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.
19A.55. (SDE-EIA: XC-National Board Certification Incentive)
The funds appropriated in 19 XC for National Board Certification
Incentive shall be used for reimbursement of the certification fee and
a one time bonus to those teachers who successfully complete the
certification process. Teachers who have become certified by the
National Board for Professional Teaching Standards prior to June
30, 1998 in the current year, and under contract to teach
in South Carolina through 1998-99 the following school
year, are eligible to receive the one-time bonus.
19A.57. (SDE-EIA: XC-SC Statewide Systemic Initiative) The
funds appropriated in Part IA, Section 19 X.C. for National
Science Foundation Grants matching funds shall be used for
matching funds for those math Mathematics and
science hubs Science Hubs which coordinate
training in math support improvements in mathematics
and science through resources and professional development in
instructional techniques and strategies, use of technology in the
classroom, leadership, content in subject areas and assessment.
These efforts will be coordinated with programs such as Tech
Prep Consortia using applied learning techniques and which assist
teachers in using computers in the classroom.
24.2. (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.
28.6. (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 the South Carolina
Heritage Associates for rent of the Museum's rent General
Services for the retirement of General Revenue Bonds shall be
excluded from the Museum's base budget.
29.8. (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. To the extent that any
disproportionate share funds authorized under this section exceed a
specific hospital's cost, such funds must be spent on health care
services by a governmental entity. These funds must be used to
reimburse the hospital for expenses in providing uncompensated
indigent care.
29.15. (DHHS: Residential Care Optional Supplement) From the
appropriation made herein for General Assistance
Residential Care Facilities, the Department will supplement
the income of individuals who reside in those licensed residential
care facilities that have an approved Optional Supplement Request
with the Department. Individuals who reside in those residential care
facilities with approved Optional Supplement Requests must also
qualify as aged, blind or disabled under the definitions of Public Law
92-603, U.S. Code, or who would qualify except for income
limitations or residence in a residential care facility reclassified as a
public institution by the Social Security Administration. For the
period of the current fiscal year, the Department will, based on
availability of funds, supplement the income of the above defined
group up to a maximum of $795.00 per/month and the residential
care facilities are authorized to charge a fee of $762.00 per/month for
the defined group. Each individual in the defined group is allowed
a $33.00 per/month personal needs allowance. The Department
will issue the recipient an Optional Supplement check in an amount
that will permit the recipient to comply with the above payments;
however, DHHS will devise a payment system which will
reflect a daily occupancy and will issue a single check to each
enrolled facility participating in the OSS program. if
If the federal government grants a cost of living increase to
Social Security and Supplemental Security Income recipients, 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 from $33 to $35. 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 The maximum
amount that the facility is permitted to charge is $762.00. The
Department shall establish the maximum number of Optional
Supplement Requests that can be funded and will develop a waiting
list based on present and future applications received from each
county. Each facility that participates in the Optional Supplement
Program must submit a notarized operating cost report. The cost
information will include all income and operating costs for the
facility. The Department will develop a time schedule for reports to
be submitted. Facilities failing to submit costs information and
adhere to the time schedule will not be eligible to serve Optional
Supplement residents. Information received by the Department will
be consolidated and submitted to the Senate Finance Committee and
the Ways and Means Committee. The Department shall explore any
options for maximizing state matching dollars in the provision of
services to residents of licensed community residential care facilities
and options for reviewing the quality and adequacy of care and report
to the Senate Finance Committee, the Ways and Means Committee
and the Governor's Office no later than January 15, 1998. All
services rendered to a Residential Care Facility resident must be in
compliance with state health licensing laws and regulations.
35.2. (DSS: Recovered State Funds) The Department shall
withhold a portion of the State Funds recovered, under the 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
be allowed to utilize the State share of Federally required application
fees, collected from Non-AFDC 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.
35.12. (DSS: TANF Advance Funds) The Department of Social
Services is authorized to advance sufficient funds during each fiscal
year from the Aid to Families with Dependent Children
Temporary Assistance for Needy Families Assistance
Payments general fund appropriations to the Aid to Families with
Dependent Children 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.
35.17. (DSS: TANF - Immunizations Certificates) The Department
shall require all AFDC 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.
54.3. (PSC: Transportation Fee Refund) The Motor Transport
Division Transportation Department of the Public
Service Commission is hereby authorized to make refunds of fees
which were erroneously collected.
65.6. (ESC: Unemployment Compensation Contribution Rates)
(A) Notwithstanding any provision contained in Section 41-31-80 of
the 1976 Code, with respect to the computation of the statewide
reserve ratio for employer contributions to the State Unemployment
Compensation Fund, for the period January 1, 1998
1999 through December 31, 1998 1999,
the following contribution rates apply:
If the resultant percentage of the employer's reserve balance
divided by the annual payroll equals or exceeds 9%, then the
contribution rate is .54%;
If the resultant percentage of the employer's reserve balance
divided by the annual payroll equals 8% but is less than 9%, then the
contribution rate is .89%;
If the resultant percentage of the employer's reserve balance
divided by the annual payroll equals 7% but is less than 8%, then the
contribution rate is 1.24%;
If the resultant percentage of the employer's reserve balance
divided by the annual payroll equals 6% but is less than 7%, then the
contribution rate is 1.59%;
If the resultant percentage of the employer's reserve balance
divided by the annual payroll equals 5% but is less than 6%, then the
contribution rate is 1.94%;
If the resultant percentage of the employer's reserve balance
divided by the annual payroll equals 4% but is less than 5%, then the
contribution rate is 2.29%;
If the resultant percentage of the employer's reserve balance
divided by the annual payroll is less than 4%, then the contribution
rate is 2.64%.
(B) All other provisions of Chapters 27 through 42, Title 41, of the
1976 Code are applicable for the period January 1, 1998
1999 through December 31, 1998 1999.
68A.1. (AS-CG: Salary Supplements) Of the amount
appropriated in this section for Clerks of Court, Probate Judges, and
County Sheriffs, $4,725 shall be distributed by the Comptroller
General to each County Treasurer, which shall be used as a $1,575
salary supplement for each Clerk of Court, Probate Judge and County
Sheriff. The amounts appropriated in this section for Registers of
Mesne Conveyances Deeds shall be distributed by
the Comptroller General to the appropriate County Treasurer, which
shall be used as a $1,575 salary supplement for Registers of
Mesne Conveyances Deeds. The State shall pay
$15,236 $15,474 on the salary of each County
Auditor and County Treasurer in addition to any amounts presently
being provided by the county for these positions. It is the intent of
the General Assembly that the amount appropriated by the county for
these positions shall not be reduced as a result of the appropriation
and that such appropriation shall not disqualify each County Auditor
and each County Treasurer for salary increases that they might
otherwise receive from county funds in the future. These salaries
shall be paid in accordance with the schedule and method of payment
established for state employees.
72.40. (GP: PORS Retirees Salary Limit) Notwithstanding the
provisions of subsections (1) and (2) of Section 9-11-90, a retired
member of the System may return to employment covered by the
System and earn up to fifteen thousand five hundred dollars
a fiscal year without affecting the monthly retirement allowance he
is receiving from the System. If the retired member continues in
service after having earned fifteen thousand five hundred
dollars in a fiscal year, his retirement allowance must be discontinued
during the period of service in the remainder of the fiscal year. If the
employment continues for at least forty-eight consecutive months, the
provisions of Section 9-1-1590 apply. The provisions of this section
do not apply to an employee or member of the System who has
retired mandatorily because of age pursuant to Section 9-1-1530.
72.41. (GP: SCRS Retirees Salary Limit) Notwithstanding any
other provision of law, a retired member of the System may return to
employment covered by the System and earn up to fifteen thousand
five hundred dollars a fiscal year without affecting the
monthly retirement allowance he is receiving from the System. If the
retired member continues in service after having earned fifteen
thousand five hundred dollars in a fiscal year, his retirement
allowance must be discontinued during his period of service in the
remainder of the fiscal year. If the employment continues for at least
forty-eight consecutive months, the provisions of Section 9-1-1590
apply. The provisions of this section do not apply to an employee or
member of the System who has retired mandatorily because of age
pursuant to Section 9-1-1530.
72.65. (GP: SDE Agriculture Education Transfer to Clemson PSA)
The Budget and Control Board, in conjunction with the Department
of Education, shall transfer all federal funds associated with
Agricultural Education at the Department of Education to
Clemson-PSA no later than July 15, 1997 1998.
Notwithstanding any other provisions of law, funds and positions
transferred to Clemson-PSA from the Department of Education for
Agricultural Education shall be used for personnel positions and
related office and travel expenses to provide overall leadership,
coordination, and structure for agricultural education programs, EFA
activities and SC Association of Young Farmers activities in the
public schools of South Carolina. Clemson PSA shall provide a
report to the Department of Education on the use and expenditure of
the federal funds transferred by the Department of Education to
Clemson PSA no later than December 1, of the current fiscal year.
72.68. (GP: Base Budget Analysis) Agencies' annual
accountability reports for 1996-97 1997-98, as
required in Section 1-1-810, must be accessible to the
Governor, Senate Finance Committee, House Ways &
Means Committee and to the public on or before November 1,
1997 1998, for the purpose of a zero base budget
analysis. Until performance based funding is fully implemented and
reported annually, the Commission on Higher Education and the state
supported colleges, universities and technical schools shall report in
accordance with Section 59-101-350. Technical assistance will be
available from the Office of State Budget. The House Ways and
Means Committee may award a Certificate of Excellence in
Governing to the three agencies with the most exemplary
accountability reports. These reports will be used as models for
future accountability reports.
73.1. (Year End Expenditures) Unless specifically authorized
herein, the appropriations provided in Part I of this Act as ordinary
expenses of the State Government shall lapse on July 31,
1998 1999. State agencies are required to submit all
current fiscal year input documents to the Comptroller General's
Office by July 20, 1998 1999. Appropriations for
Permanent Improvements, now outstanding or hereafter provided,
shall lapse at the end of the second fiscal year in which such
appropriations were provided, unless definite commitments shall
have been made, with the approval of the State Budget and Control
Board and Joint Bond Review Committee, toward the
accomplishment of the purposes for which the appropriations were
provided. Appropriations for other specific purposes aside from
ordinary operating expenses, now outstanding or hereafter provided,
shall lapse at the end of the second fiscal year in which such
appropriations were provided, unless definite commitments shall
have been made, with the approval of the State Budget and Control
Board, toward the accomplishment of the purposes for which the
appropriations were provided.
(C) For purposes of 1998-99 general appropriations, the following
Part IB provisos are added to the appropriate sections of Part IBof
Act 155 of 1997:
17B.14. (BCB/DO: OIS - State Health Plan Contribution)
When devising a plan for the method and schedule of payment for the
employer and employee share of contributions for Plan Year 1999,
the Budget and Control Board shall not increase the contribution
rates nor decrease benefits for State Health Plan participants.
17B.15. (BCB/DO: OGS - State House Operation &
Maintenance Account) Of the funds appropriated in the Budget and
Control Board - General Services, $957,339 must be set aside in a
separate account for the operation and maintenance of the State
House. The Budget and Control Board shall report annually to the
State House Committee on the amount expended from this fund.
19A.60. (SDE-EIA: X-STAR Diploma) Funds appropriated
for the EIA STAR Diploma Scholarship in the prior fiscal year, may
be carried forward and expended during the current fiscal year for
the same purpose.
19A.61. (SDE-EIA: School Technology Fund Carry Forward)
Funds transferred from the Budget and Control Board for the K-12
school technology initiative may be retained and carried forward into
the current fiscal year to be used for the same purpose the funds were
transferred.
20.6. (ETV: School Technology Fund Carry Forward) Funds
transferred from the Budget and Control Board for the K-12 school
technology initiative may be retained and carried forward into the
current fiscal year to be used for the same purpose the funds were
transferred.
26.6. (LIB: Purchase Surplus Furniture & Equipment)
The South Carolina State Library shall transfer to the Department of
Archives and History an amount not to exceed $50,000, for furniture
and equipment deemed excess by the Department when it moves into
their new building. This equipment shall remain in the existing
building and become part of the State Library's inventory.
72.83. (GP: New Positions) New positions identified in Act
155 of 1997 as new positions are not considered as new positions
effective July 1, 1998. Interim positions established by the Budget
and Control Board during Fiscal Year 1997-98 shall continue into
Fiscal Year 1998-99.
72.84. (GP: Appropriation Adjustments) The Office of State
Budget of the Budget and Control Board is directed to continue
authorized transfers and reductions for Fiscal Year 1997-98 into
Fiscal Year 1998-99. The Office of State Budget shall make
appropriation adjustments contained in this Act in accordance with
an adjustment plan approved by the Senate Finance and Ways and
Means Committees.
(D) The following numbered provisos contained in Part IB of Act
155 of 1997 are deleted and do not apply to general appropriations
for fiscal year 1998-99: 19.30, 23.11, 24.8, 72.76, 72.82.
SECTION 3. (A) Surplus revenues available at the close of fiscal
year 1997-98 are established as follows:
(1) Fiscal Year 1997-98 BEA Surplus$61,201,043
(2) Fiscal Year 1997-98 Unclaimed Property Fund
per BEA5,000,000
TOTAL, ALL SOURCES$66,201,403
(B) From the revenues established in (A), the following sums are
appropriated to supplement appropriations from the General Fund of
the State for Fiscal Year 1998-99 in the following order of priority
and for the purposes stated:
State Treasurer's Office General Reserve Fund7,269,750
State Election Commission 1998 Statewide General
Election 2,088,000
House of Representatives
Southern Legislative Conference - August 1998180,000
Budget & Control Board
Statewide Performance Audit - Completion200,000
Local Government Grants - Annualization1,000,000
Infrastructure Revolving Loan Fund - Annualization1,000,000
Commission on Higher Education
Higher Education Funding - Annualization17,700,000
Department of Education
Governor's School for the Arts - Technology,
Furniture & Equipment2,000,000
Department of Mental Health
Medication Research Project Completion200,000
Aid to Subdivisions - Comptroller General Property
Tax Relief Fund 17,281,646
Aid to Subdivisions - State Treasurer Local
Government Fund 17,281,647
SECTION 4. All acts or parts of acts inconsistent with any of the
provisions of this act are suspended for Fiscal Year 1998-99.
SECTION 5. Except as otherwise specifically provided, this act is
effective for the Fiscal Year beginning July 1, 1998 and ending June
30, 1999.
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