South Carolina General Assembly
112th Session, 1997-1998

Bill 157


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                    157
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19970114
Primary Sponsor:                Passailaigue 
All Sponsors:                   Passailaigue 
Drafted Document Number:        s-res\passaila\res1059.elp
Residing Body:                  House
Date Tabled:                    19980604
Date of Last Amendment:         19980602
Subject:                        Income tax, update reference date
                                to adopt provisions of Internal Revenue
                                Code of 1986; taxation

History

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19980604  Tabled
Senate  19980602  House amendments amended,
                  returned to House with amendment
Senate  19970604  Continued
House   19970507  Read third time, returned to Senate
                  with amendment
House   19970506  Amended, read second time
House   19970501  Debate adjourned until
                  Tuesday, 19970506
House   19970430  Debate adjourned until
                  Thursday, 19970501
House   19970429  Debate adjourned until
                  Wednesday, 19970430
House   19970424  Committee report: Favorable with         30 HWM
                  amendment
House   19970311  Introduced, read first time,             30 HWM
                  referred to Committee
Senate  19970306  Read third time, sent to House
Senate  19970305  Read second time
Senate  19970305  Committee amendment adopted
Senate  19970220  Committee report: Favorable with         06 SF
                  amendment
Senate  19970114  Introduced, read first time,             06 SF
                  referred to Committee


View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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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