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Bill 4879

                    Current Status

Bill Number:                      4879
Ratification Number:              388
Act Number:                       356
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020305
Primary Sponsor:                  Ways and Means Committee HWM 30
All Sponsors:                     Ways and Means Committee
Drafted Document Number:          l:\council\bills\bbm\10837htc02.doc
Date Bill Passed both Bodies:     20020523
Date of Last Amendment:           20020522
Governor's Action:                L  Line items vetoed by Governor
Date of Governor's Action:        20020603
Action on Governor's Veto:        S
VAC:  O
Subject:                          Budget Proviso Codification Act


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20020807  Act No. A356
Senate  20020606  Overridden, Governor's veto No. 2
House   20020605  Sustained, Governor's veto No. 1
House   20020605  Overridden, Governor's veto No. 2
------  20020603  Line items vetoed by Governor
------  20020528  Ratified R388
House   20020523  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  20020522  Amended, read third time, 
                  returned to House with amendment
Senate  20020425  Amended, made interrupted debate
Senate  20020424  Read second time, ordered to
                  third reading with notice of
                  general amendments
Senate  20020423  Recalled from Committee,               06 SF
                  placed on the Calendar
Senate  20020320  Introduced, read first time,           06 SF
                  referred to Committee
House   20020319  Read third time, sent to Senate
House   20020314  Amended, read second time
------  20020306  Scrivener's error corrected
House   20020305  Introduced, read first time,
                  placed on Calendar without reference


              Versions of This Bill
Revised on March 5, 2002 - Word format
Revised on March 6, 2002 - Word format
Revised on March 14, 2002 - Word format
Revised on April 23, 2002 - Word format
Revised on April 25, 2002 - Word format
Revised on May 22, 2002 - Word format

(A356, R388, H4879)

AN ACT TO ENACT THE BUDGET PROVISO CODIFICATION ACT BY REPEALING SECTION 59-21-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, REQUIRING FUNDING EQUAL TO THE 1994-95 APPROPRIATION TO BE APPROPRIATED TO THE DEPARTMENT OF EDUCATION ANNUALLY TO OFFSET ANY REDUCTION SUFFERED BY SCHOOL DISTRICTS DUE TO A CHANGE IN THE DISTRIBUTION OF EMPLOYEE CONTRIBUTION FUNDS; BY ADDING SECTION 59-1-455 SO AS TO PROVIDE FOR THE USE OF LAPSED FUNDS IN THE EVENT OF AN EIA REVENUE SHORTFALL AND THE ORDER IN WHICH THE LAPSED FUNDS ARE APPLIED FOR EIA PURPOSES, TO PROVIDE THAT LAPSED FUNDS REMAINING AFTER EIA PURPOSES ARE FUNDED MUST BE DISTRIBUTED TO SCHOOL DISTRICTS FOR FUNDING OF SCHOOL BUILDINGS, AND TO EXEMPT EIA APPROPRIATIONS FOR TEACHER SALARIES AND RELATED FRINGE BENEFITS FROM REDUCTIONS ORDERED TO OFFSET AN OFFICIAL EIA REVENUE SHORTFALL; BY ADDING SECTION 59-5-71 SO AS TO ESTABLISH A TASK FORCE TO MAKE RECOMMENDATIONS ON A UNIFORM SCHOOL TERM BEGINNING DATE; BY ADDING SECTION 59-103-55 SO AS TO REQUIRE STATE-SUPPORTED PUBLIC FOUR-YEAR CAMPUSES OF INSTITUTIONS OF HIGHER EDUCATION TO HAVE EQUAL REPRESENTATION ON ALL COUNCILS, COMMITTEES, ADVISORY GROUPS, AND TASK FORCES OF THE COMMISSION ON HIGHER EDUCATION AND TO REQUIRE INDEPENDENT FOUR-YEAR COLLEGES TO HAVE REPRESENTATION ON COMMITTEES AND COMMISSIONS DEALING WITH HIGHER EDUCATION STATEWIDE ISSUES; BY ADDING SECTION 59-112-110 SO AS TO PROVIDE THAT THE UNIVERSITY OF SOUTH CAROLINA'S AIKEN CAMPUS AND AIKEN TECHNICAL COLLEGE MAY OFFER IN-STATE TUITION TO A STUDENT WHOSE LEGAL RESIDENCE IS IN THE RICHMOND AND COLUMBIA COUNTY AREAS OF GEORGIA UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 59-103-162 SO AS TO PROVIDE THAT THE SOUTH CAROLINA COMMISSION ON HIGHER EDUCATION SHALL REVIEW ANNUALLY THE ACTIVITIES OF THE SOUTH CAROLINA MANUFACTURING EXTENSION PARTNERSHIP, MAKE A BUDGET RECOMMENDATION TO THE GENERAL ASSEMBLY, AND COORDINATE THE ALLOCATION OF FUNDS AMONG EACH PARTICIPATING INSTITUTION, TO PROVIDE FOR THE USE OF CERTAIN FUNDS APPROPRIATED TO THE UNIVERSITY OF SOUTH CAROLINA - COLUMBIA, AND TO PROVIDE THAT THE COMMISSION SHALL REVIEW THE MEMBERSHIP OF THE SOUTH CAROLINA MANUFACTURING EXTENSION PARTNERSHIP BOARD TO ENSURE APPROPRIATE REPRESENTATION OF EACH PARTICIPATING INSTITUTION; TO AMEND SECTION 59-29-190, RELATING TO A SCHOOL DISTRICT OFFERING ADVANCED PLACEMENT COURSES FOR ACADEMICALLY TALENTED STUDENTS, SO AS TO PROVIDE THAT A STUDENT WHO SUCCESSFULLY COMPLETES THE ADVANCED PLACEMENT REQUIREMENTS FOR A COURSE AND WHO RECEIVES A SCORE OF THREE OR HIGHER ON THE ADVANCED PLACEMENT EXAM SHALL RECEIVE ADVANCED PLACEMENT CREDIT IN EACH POST-SECONDARY PUBLIC COLLEGE IN THIS STATE IN A CERTAIN MANNER; TO AMEND CHAPTER 101, TITLE 59, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59-101-345 SO AS TO PROVIDE THAT, IN INSTANCES WHERE THE EQUAL DIVISION OF APPROPRIATED FUNDS BETWEEN NEED-BASED GRANTS AND THE PALMETTO FELLOWS PROGRAM EXCEEDS THE CAPACITY TO MAKE AWARDS IN EITHER PROGRAM, THE COMMISSION ON HIGHER EDUCATION HAS THE AUTHORITY TO REALLOCATE REMAINING FUNDS BETWEEN THE TWO PROGRAMS; AND TO PROVIDE THAT PUBLIC AND INDEPENDENT HIGHER EDUCATION INSTITUTIONS MUST GIVE FIRST PRIORITY FOR NEED-BASED GRANTS TO CHILDREN AND YOUNG ADULTS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 59-112-70, RELATING TO ABATEMENT OF TUITION RATES FOR NONRESIDENTS ON SCHOLARSHIP, SO AS TO PROVIDE THAT STATE-SUPPORTED COLLEGES, UNIVERSITIES, AND TECHNICAL SCHOOLS MAY WAIVE THE NONRESIDENT PORTION OF TUITION AND FEES FOR CERTAIN STUDENTS PARTICIPATING IN INTERNATIONAL SISTER-STATE AGREEMENT PROGRAMS ON A RECIPROCITY BASIS; TO AMEND SECTION 59-112-60, RELATING TO FACULTY AND ADMINISTRATIVE EMPLOYEES OF COLLEGES AND UNIVERSITIES, SO AS TO PROVIDE THAT EMPLOYEES OF PUBLIC COLLEGES, UNIVERSITIES, AND TECHNICAL COLLEGES MAY ATTEND CLASSES AT INSTITUTIONS OF HIGHER LEARNING AND RECEIVE TUITION ASSISTANCE IN ACCORDANCE WITH BUDGET AND CONTROL BOARD GUIDELINES AND REGULATIONS; TO AMEND SECTION 40-43-83, AS AMENDED, RELATING TO REQUIREMENTS THAT A FACILITY DISPENSING PRESCRIPTION DRUGS AND DEVICES MUST HAVE A PERMIT ISSUED BY THE BOARD OF PHARMACY AND MUST HAVE A PHARMACIST IN CHARGE, SO AS TO EXEMPT COLLEGE AND UNIVERSITY ATHLETIC DEPARTMENTS FROM THESE REQUIREMENTS; AND TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO VARIOUS REQUIREMENTS FOR PHARMACIES, INCLUDING THE REQUIREMENT THAT A PHARMACY MAY NOT OPERATE WITHOUT A PHARMACIST-IN-CHARGE WHO MUST BE PHYSICALLY PRESENT AND THAT A PERSON MAY NOT SERVE AS THE PHARMACIST-IN-CHARGE FOR MORE THAN ONE PHARMACY AT ONE TIME, SO AS TO EXEMPT COLLEGE AND UNIVERSITY ATHLETIC DEPARTMENT PHARMACIES; TO AMEND SECTION 59-149-10, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2002-2003, ELIGIBLE RESIDENT STUDENTS ATTENDING TWO-YEAR INDEPENDENT INSTITUTIONS MAY NOT RECEIVE AN ANNUAL LIFE SCHOLARSHIP OF MORE THAN THE MAXIMUM COST OF TUITION AT TWO-YEAR REGIONAL PUBLIC INSTITUTIONS FOR THIRTY CREDIT HOURS A YEAR OR ITS EQUIVALENT; BY ADDING SECTION 59-103-200 SO AS TO PROVIDE THAT UPON APPROVAL BY THE MEMBERS OF THE COMMISSION ON HIGHER EDUCATION, THE AGENCY MAY REMOVE CERTAIN RECORD AND NONRECORD MATERIALS FROM ITS COLLECTIONS BY GIFT TO ANOTHER PUBLIC OR NONPROFIT INSTITUTION OR BY SALE AT PUBLIC AUCTION UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 24-21-55 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES SHALL RECEIVE A HEARING FEE UNDER A PLAN APPROVED BY THE BUDGET AND CONTROL BOARD; BY ADDING SECTION 24-21-85 SO AS TO PROVIDE THAT EVERY PERSON PLACED ON ELECTRONIC MONITORING BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES MUST BE ASSESSED A FEE, AND TO PROVIDE THE CONDITIONS UNDER WHICH THE FEE IS PAID AND RETAINED BY THE DEPARTMENT; TO AMEND SECTION 24-21-490, RELATING TO COLLECTION AND DISTRIBUTION OF RESTITUTION BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY RETAIN THE COLLECTION FEES AND CARRY FORWARD UNEXPENDED FUNDS FOR THE PURPOSE OF COLLECTING AND DISTRIBUTING RESTITUTION; BY ADDING SECTION 24-21-235 SO AS TO AUTHORIZE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO ISSUE DUTY CLOTHING FOR THE USE OF DEPARTMENT EMPLOYEES; BY ADDING SECTION 24-21-237 SO AS TO PROVIDE THAT MEALS MAY BE PROVIDED TO EMPLOYEES OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES AND PROVIDE THE CIRCUMSTANCES WHEN MEALS MAY BE PROVIDED; TO AMEND SECTION 17-25-324, RELATING TO RESTITUTION TO SECONDARY VICTIMS AND THIRD-PARTY PAYEES AND RESTITUTION CENTER BEDS, SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES MAINTAIN A MINIMUM OF TWELVE RESTITUTION CENTER BEDS FOR EVERY TWO THOUSAND FIVE HUNDRED OFFENDERS; TO AMEND SECTION 51-1-40, AS AMENDED, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM TO IMPOSE AND RETAIN A REASONABLE CHARGE FOR ADMISSION FOR PARKS AND RECREATIONAL FACILITIES, SO AS TO ALLOW THE DEPARTMENT TO IMPOSE A FEE FOR VACATION GUIDES, RESEARCH REPORTS, CONFERENCES, TECHNICAL ASSISTANCE, DRAWINGS, AND MAILING LISTS AND PROVIDE FOR THE DISPOSITION OF THE REVENUE AND TO PROVIDE FOR THE DISPOSITION OF THE REVENUES OF THE GIFT SHOP OPERATED BY THE DEPARTMENT AT THE BOYLESTON HOUSE; AND TO AMEND SECTION 51-3-90, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO SELL, EXCHANGE, OR LEASE LAND UNDER ITS JURISDICTION, SO AS TO ALLOW THE DEPARTMENT TO RETAIN FUNDS DERIVED FROM THE SALE OF STATE PARK PROPERTY AND CREDIT THE FUNDS TO THE RECREATION LAND TRUST FUND; BY ADDING SECTION 2-3-225 SO AS TO PROVIDE THAT THE SPEAKER OF THE HOUSE IS AUTHORIZED TO REIMBURSE TRAVEL AND OTHER EXPENSES INCURRED BY EMPLOYEES OF THE HOUSE OF REPRESENTATIVES FOR OFFICIAL BUSINESS IN ACCORDANCE WITH APPLICABLE POLICIES AND REGULATIONS; BY ADDING SECTION 2-3-65 SO AS TO PROVIDE THAT ALL VOUCHERS FOR THE PAYMENT OF THE EXPENSES OR COMPENSATION, OR BOTH, OF THE GENERAL ASSEMBLY MUST BE PREPARED BY THE CLERKS OF THE TWO HOUSES OF THE GENERAL ASSEMBLY AND TO AUTHORIZE THE CLERKS OF THE TWO HOUSES AND THE LEGISLATIVE COUNCIL, SUBJECT TO APPROVAL, TO ISSUE WARRANTS ON APPROVED ACCOUNTS FOR NECESSARY EXTRA CLERICAL OR OTHER SERVICES; BY ADDING SECTION 2-3-67 SO AS TO PROVIDE THAT THE CLERKS OF THE SENATE AND THE HOUSE SHALL HAVE INSTALLED A TELEPHONE SERVICE TO BE USED BY THE MEMBERSHIP AND PRESIDING OFFICERS OF THE TWO HOUSES OF THE GENERAL ASSEMBLY; BY ADDING SECTION 2-3-155 SO AS TO PROVIDE THAT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL APPOINT THE EXECUTIVE DIRECTOR OF RESEARCH AND THE DIRECTORS OF RESEARCH FOR EACH STANDING COMMITTEE WITH THE ADVICE AND CONSENT OF THE CHAIRMAN OF EACH STANDING COMMITTEE AND TO PROVIDE FOR THE APPOINTMENT AND PAY OF TEMPORARY OR PERMANENT HOUSE RESEARCH ASSISTANTS; BY ADDING SECTION 2-3-105 SO AS TO PROVIDE FOR THE DUTIES OF THE SERGEANTS AT ARMS AND DIRECTORS OF SECURITY OF THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY; BY ADDING SECTION 10-1-45 SO AS TO PROVIDE THAT ANY IMPROVEMENTS AND ADDITIONS TO THE STATE HOUSE MUST BE RECOMMENDED OR APPROVED BY THE STATE HOUSE COMMITTEE OF THE GENERAL ASSEMBLY AND REQUIRE THAT BIDDING, EXECUTING, AND CARRYING OUT OF CONTRACTS MUST BE IN ACCORDANCE WITH STANDING REGULATIONS AND PROCEDURES FOR OTHER WORK OF THE SAME TYPE APPLICABLE TO AGENCIES AND INSTITUTIONS OF STATE GOVERNMENT; BY ADDING SECTION 2-3-235 SO AS TO PROVIDE FOR ANNUAL LEAVE AND INSURANCE FOR NURSING PERSONNEL STAFFING THE STATE HOUSE AND THE L. MARION GRESSETTE SENATE OFFICE BUILDING; TO AMEND SECTION 2-7-80, RELATING TO PRINTING AND FURNISHING OF COPIES OF STATEWIDE AND LOCAL ACTS, SO AS TO REQUIRE THAT ONLY ONE COPY OF A PRINTED STATEWIDE ACT BE FURNISHED TO EACH COUNTY CLERK OF COURT AND COUNTY GOVERNING BODY; BY ADDING SECTION 8-11-198 SO AS TO PROHIBIT PAYMENT OF PER DIEM TO A PUBLIC OFFICER OR EMPLOYEE FROM MORE THAN ONE SOURCE IN ANY CALENDAR DAY; BY ADDING SECTION 2-3-175 SO AS TO PROHIBIT FULL-TIME EMPLOYEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE FROM ENGAGING IN OUTSIDE EMPLOYMENT DURING WORKING HOURS EXCEPT WITH PERMISSION AND TO REQUIRE THE EMPLOYEE TO TAKE ANNUAL LEAVE; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX SO AS TO EXEMPT FROM TAXATION COPIES OF OR ACCESS TO LEGISLATION AND OTHER INFORMATIONAL DOCUMENTS PROVIDED TO THE GENERAL PUBLIC BY A LEGISLATIVE AGENCY; TO AMEND CHAPTER 3, TITLE 2, RELATING TO ORGANIZATION AND COMPENSATION OF MEMBERS AND EMPLOYEES OF THE GENERAL ASSEMBLY, BY ADDING SECTION 2-3-45 SO AS TO PROVIDE THAT A MEMBER OF THE HOUSE OF REPRESENTATIVES WHO DOES NOT USE ALL OF HIS ANNUAL ALLOCATION FOR POSTAGE OR TELEPHONE EXPENSES MAY USE REMAINING FUNDS IN ONE CATEGORY IN THE OTHER CATEGORY DURING THAT YEAR; TO AMEND SECTION 2-3-170, RELATING TO COMPENSATION OF OFFICERS AND EMPLOYEES OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MUST AUTHORIZE AND ALLOCATE ANY BASE PAY INCREASE, MERIT PAY, OR BONUS AMONG THE STAFF OF THE HOUSE OF REPRESENTATIVES; BY ADDING SECTION 2-1-220 SO AS TO EXEMPT EACH HOUSE OF THE GENERAL ASSEMBLY FROM LAWS OR REGULATIONS REQUIRING APPROVAL BY THE STATE BUDGET AND CONTROL BOARD OR OTHER EXECUTIVE BRANCH AGENCY FOR THE EXPENDITURE, MANAGEMENT, OR TRANSFER OF LEGISLATIVE BRANCH APPROPRIATIONS; BY ADDING SECTION 2-3-27 SO AS TO PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW AND NOT PARDONED MAY NOT RECEIVE COMPENSATION OR EXPENSES OTHERWISE PAID MEMBERS OF THE GENERAL ASSEMBLY; TO AMEND SECTION 1-11-55, RELATING TO LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES; TO AMEND SECTION 2-3-75, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE OFFICE OF LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY SYSTEMS; TO AMEND SECTION 2-13-60, AS AMENDED, RELATING TO THE DUTIES OF THE CODE COMMISSIONER; TO AMEND SECTION 2-13-180, RELATING TO THE PUBLICATION OF ADVANCE SHEETS OF THE ACTS AND JOINT RESOLUTIONS; TO AMEND SECTION 2-13-190, AS AMENDED, RELATING TO PRINTING OF ADVANCE SHEETS IN SIGNATURES AND DISTRIBUTION OF PAGE PROOFS BY THE CODE COMMISSIONER; TO AMEND SECTION 2-13-200, RELATING TO THE SALE AND DISPOSITION OF PROCEEDS FROM THE SALE OF ADVANCE SHEETS; TO AMEND SECTION 2-13-210, RELATING TO THE PUBLICATION OF THE ACTS AND JOINT RESOLUTIONS; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS USED IN THE PROCUREMENT CODE; AND TO AMEND SECTION 29-6-250, RELATING TO A LABOR AND MATERIAL PAYMENT BOND REQUIRED BY A GOVERNMENTAL BODY UNDER CERTAIN CIRCUMSTANCES, SO AS TO CONFORM REFERENCES IN THESE SECTIONS TO REFLECT THE CORRECT NAME OF THE OFFICE OF LEGISLATIVE PRINTING, INFORMATION AND TECHNOLOGY SYSTEMS CREATED FROM THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES, AND TO DELETE ARCHAIC REFERENCES; BY ADDING SECTION 1-5-50 SO AS TO AUTHORIZE THE SECRETARY OF STATE TO ESTABLISH AND COLLECT FEES, INCLUDING DEPOSITS, FOR SEARCHING OR COPYING RECORDS AND RETAIN THE FEES TO DEFRAY OFFICE EXPENSES; BY ADDING SECTION 1-5-60 SO AS TO ALLOW THE SECRETARY OF STATE TO ESTABLISH, COLLECT, AND RETAIN FEES FOR DISHONORED CHECKS AND USE THE RETAINED FEES TO DEFRAY EXPENSES OF COLLECTING THE CHECKS AND TO PROVIDE THAT THESE RETAINED DISHONORED CHECK FEES MAY BE CARRIED FORWARD TO THE SUCCEEDING FISCAL YEAR AND USED FOR THE SAME PURPOSES; BY ADDING SECTION 11-3-175 SO AS TO PROVIDE FOR THE CONSOLIDATION OF ACCOUNTS OF LUMP SUM AGENCIES BY THE COMPTROLLER GENERAL FOR PROPER ACCOUNTING AND FACILITATED REPORTING; BY ADDING SECTION 1-11-225 SO AS TO PROVIDE THAT THE DIVISION OF OPERATIONS OF THE STATE BUDGET AND CONTROL BOARD ESTABLISH A COST ALLOCATION PLAN TO RECOVER THE OPERATING COSTS AND MANAGE FUNDS TO ENSURE THE ADMINISTRATION OF THE STATEWIDE FLEET MANAGEMENT PROGRAM; TO AMEND SECTION 11-9-820, AS AMENDED, RELATING TO MEMBERSHIP, STAFFING, AND REPORTING OF THE BOARD OF ECONOMIC ADVISORS, SO AS TO PROVIDE FOR THE DIRECTOR OF THE DEPARTMENT OF REVENUE TO SERVE EX OFFICIO, TO PROVIDE THAT THE BOARD IS A PUBLIC BODY FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, AND TO REQUIRE THAT THE DEPARTMENT OF COMMERCE AND DEPARTMENT OF REVENUE PROVIDE CERTAIN REPORTS, LISTS, MAGNETIC TAPES, AND OTHER DATA TO THE BOARD BY NOVEMBER TENTH OF EACH YEAR; TO AMEND CHAPTER 11, TITLE 1, RELATING TO THE STATE BUDGET AND CONTROL BOARD BY ADDING ARTICLE 7 "CONFEDERATE RELICS" SO AS TO REQUIRE THE DIRECTOR OF THE CONFEDERATE RELIC ROOM TO BE APPOINTED BY THE DIRECTOR OF THE BUDGET AND CONTROL BOARD AFTER CONSULTATION WITH THE SOUTH CAROLINA DIVISION COMMANDER OF THE SONS OF THE CONFEDERATE VETERANS AND THE PRESIDENT OF THE SOUTH CAROLINA CHAPTER OF THE UNITED DAUGHTERS OF THE CONFEDERACY; TO AUTHORIZE THE CONFEDERATE RELIC ROOM TO SUPPLEMENT STATE FUNDS WITH DONATIONS AND FEES AND TO EXPEND THESE FUNDS FOR OPERATIONS AND FOR THE RESTORATION, PRESERVATION, AND DISPLAY OF ITS COLLECTION, AND TO RETAIN AND EXPEND FEES RECEIVED FOR PROVIDING CERTAIN SERVICES AND FROM THE SALE OF PROMOTIONAL ITEMS; AND TO PROHIBIT ARTIFACTS OWNED BY THE STATE IN THE COLLECTIONS OF THE RELIC ROOM FROM BEING PERMANENTLY REMOVED OR DISPOSED OF EXCEPT BY CONCURRENT RESOLUTION OF THE GENERAL ASSEMBLY; TO AMEND CHAPTER 11, TITLE 8, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-57 SO AS TO PROVIDE THAT WHEN THE GOVERNOR DECLARES AN EMERGENCY OR ORDERS STATE OFFICES CLOSED DUE TO HAZARDOUS WEATHER HE MAY AUTHORIZE LEAVE WITH PAY FOR STATE EMPLOYEES WHO ARE ABSENT FROM WORK DUE TO THE EMERGENCY OR CONDITIONS CAUSED BY HAZARDOUS WEATHER; BY ADDING SECTIONS 9-1-1870 AND 9-11-315 SO AS TO PROVIDE THAT RETIREES AND BENEFICIARIES UNDER THE STATE RETIREMENT SYSTEMS AND THE POLICE OFFICERS RETIREMENT SYSTEM RECEIVING MEDICAID (TITLE XIX) SPONSORED NURSING HOME CARE AS OF JUNE THIRTIETH OF THE PRIOR FISCAL YEAR SHALL RECEIVE NO INCREASE IN RETIREMENT BENEFITS DURING THE CURRENT FISCAL YEAR; HOWEVER, A RETIRED EMPLOYEE AFFECTED BY THE ABOVE PROHIBITION MAY RECEIVE THE SCHEDULED INCREASE IF HE IS DISCHARGED FROM THE NURSING HOME AND DOES NOT REQUIRE ADMISSION TO A HOSPITAL OR NURSING HOME WITHIN SIX MONTHS; BY ADDING SECTION 9-1-1350 SO AS TO PROVIDE THAT NOTWITHSTANDING THE AMOUNTS ANNUALLY APPROPRIATED AS "STATE EMPLOYER CONTRIBUTIONS", THE STATE TREASURER AND COMPTROLLER GENERAL ARE AUTHORIZED AND DIRECTED TO TRANSFER FROM THE GENERAL FUND OF THE STATE TO THE PROPER RETIREMENT SYSTEM ACCOUNTS, MONTH BY MONTH, DURING THE CURRENT FISCAL YEAR, SUCH FUNDS AS ARE NECESSARY TO COMPLY WITH THE TERMS OF THE RETIREMENT ACT AS AMENDED, WITH RESPECT TO CONTRIBUTIONS BY THE STATE OF SOUTH CAROLINA TO THE RETIREMENT SYSTEM; BY ADDING SECTIONS 11-7-35 AND 11-7-40 SO AS TO PROVIDE THE STATE AUDITOR AND HIS DESIGNEES ACCESS TO STATE AGENCY RECORDS AND FACILITIES AND ACCESS TO PRIVATE ENTITIES RECEIVING STATE APPROPRIATED REVENUE FOR AUDIT PURPOSES AND TO PROVIDE FOR THE CONFIDENTIALITY OF THESE RECORDS WHILE UNDER REVIEW BY THE STATE AUDITOR AND FOR THE CONFIDENTIALITY OF AUDIT WORKING PAPERS AND MEMORANDA, AND TO PROVIDE FOR MONTHLY BILLING BY THE STATE AUDITOR OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR AUDIT COSTS AND THE DISPOSITION OF THE REVENUE OF THESE BILLINGS; BY ADDING SECTION 8-11-194 SO AS TO PROVIDE THAT ANY AGENCY OF THE STATE GOVERNMENT WHOSE OPERATIONS ARE COVERED BY FUNDS FROM OTHER THAN GENERAL FUND APPROPRIATIONS MUST PAY FROM SUCH OTHER SOURCES A PROPORTIONATE SHARE OF THE EMPLOYER COSTS OF RETIREMENT, SOCIAL SECURITY, WORKERS' COMPENSATION INSURANCE, UNEMPLOYMENT COMPENSATION INSURANCE, HEALTH AND OTHER INSURANCE FOR ACTIVE AND RETIRED EMPLOYEES, AND ANY OTHER EMPLOYER CONTRIBUTIONS PROVIDED BY THE STATE FOR THE AGENCY'S EMPLOYEES; BY ADDING SECTION 41-31-820 SO AS TO PROVIDE THAT UNEMPLOYMENT COMPENSATION PREMIUMS COLLECTED FROM STATE AGENCIES WILL BE DEPOSITED INTO A SEPARATE ACCOUNT AND WILL BE BASED ON EXPERIENCE RATINGS PROVIDED BY PRIVATE CONSULTANTS AND THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE UNEMPLOYMENT COMPENSATION FUND MUST BE REVIEWED ON AT LEAST A BIENNIAL BASIS, TO PROVIDE THAT ALL INTEREST EARNED ON THE ACCOUNT MUST BE RETAINED BY THE UNEMPLOYMENT COMPENSATION FUND TO OFFSET COSTS, TO AUTHORIZE AND DIRECT THE STATE TREASURER AND COMPTROLLER GENERAL TO PAY FROM THE GENERAL FUND TO THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION SUFFICIENT FUNDS TO COVER ACTUAL BENEFIT CLAIMS PAID DURING THE CURRENT FISCAL YEAR WHICH EXCEED THE AMOUNTS PAID IN FOR THIS PURPOSE, TO DIRECT THE EMPLOYMENT SECURITY COMMISSION TO CERTIFY QUARTERLY TO THE BUDGET AND CONTROL BOARD THE STATE'S LIABILITY FOR THOSE CLAIMS ACTUALLY PAID, AND TO PROVIDE THAT THE CERTIFIED AMOUNT MUST BE REMITTED TO THE EMPLOYMENT SECURITY COMMISSION; BY ADDING SECTION 42-7-210 SO AS TO AUTHORIZE AND DIRECT THE STATE TREASURER AND COMPTROLLER GENERAL TO PAY FROM THE GENERAL FUND OF THE STATE TO THE STATE ACCIDENT FUND SUFFICIENT FUNDS TO COVER ACTUAL BENEFIT CLAIMS PAID AND EXPENSES RELATING TO THE OPERATIONS OF THE AGENCY DURING THE CURRENT FISCAL YEAR WHICH EXCEED THE ACCOUNTS PAID IN FOR THIS PURPOSE, TO DIRECT THE STATE ACCIDENT FUND TO CERTIFY QUARTERLY TO THE BUDGET AND CONTROL BOARD THE STATE'S LIABILITY FOR THOSE CLAIMS ACTUALLY PAID, AND TO PROVIDE THAT THE CERTIFIED AMOUNT MUST BE REMITTED TO THE STATE ACCIDENT FUND; BY ADDING SECTION 11-11-325 SO AS TO PROVIDE THAT IF THE BOARD OF ECONOMIC ADVISORS REVENUE FORECAST TO THE BUDGET AND CONTROL BOARD AT ANY TIME DURING THE CURRENT FISCAL YEAR PROJECTS THAT REVENUES FOR THE CURRENT FISCAL YEAR WILL BE LESS THAN APPROPRIATED EXPENDITURES FOR THE YEAR, THE BUDGET AND CONTROL BOARD IN MANDATING NECESSARY CUTS MUST FIRST REDUCE TO THE EXTENT NECESSARY THE APPROPRIATION TO THE CAPITAL RESERVE FUND, PRIOR TO MANDATING ANY CUTS IN OPERATING APPROPRIATIONS; BY ADDING SECTION 12-4-390 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY COLLECT AND RETAIN FEES TO RECOVER THE COSTS OF THE PRODUCTION, PURCHASE, HANDLING AND MAILING OF DOCUMENTS, PUBLICATIONS, RECORDS AND DATA SETS, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY WITHHOLD FROM THE GENERAL FUND A PORTION OF REVENUE DERIVED FROM THE PROVISIONS OF CHAPTER 21, TITLE 12, THE ACTUAL COSTS OF BINGO AUDIT ACTIVITY AND OF CRIMINAL RECORD CHECKS PURSUANT TO THE EVALUATION OF APPLICATIONS FOR BINGO LICENSES, AND TO PROVIDE THAT WHENEVER A PROFESSIONAL DESIGNATION OR LICENSE IS LEGISLATIVELY MANDATED FOR EMPLOYMENT BY THE DEPARTMENT OF REVENUE, THE DEPARTMENT IS RESPONSIBLE FOR THE ANNUAL COST TO MAINTAIN THE REQUIRED DESIGNATION OR LICENSE; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE CONFIDENTIALITY AND EXCEPTIONS THERETO OF REPORTS AND RETURNS FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO ALLOW THE DISCLOSURE OF INFORMATION ON A RETURN TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR THE PURPOSE OF VERIFYING MEDICAID ELIGIBILITY; BY ADDING SECTION 11-11-160 SO AS TO PROVIDE FOR THE TRANSFER OF APPROPRIATIONS WITHIN AN AGENCY'S BUDGET DURING THE FISCAL YEAR; BY ADDING SECTION 11-5-280 SO AS TO AUTHORIZE THE STATE TREASURER TO ENTER INTO CONTRACTS ALLOWING A STATE AGENCY OR INSTITUTION TO ACCEPT CREDIT CARDS IN PAYMENT FOR GOODS OR SERVICES PROVIDED; BY ADDING SECTION 11-3-185 SO AS TO PROVIDE FOR THE EXPENDITURE OF FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY BY WARRANT REQUISITIONS DIRECTED TO THE COMPTROLLER GENERAL WHO, AFTER APPROVAL, ISSUES A WARRANT TO THE STATE TREASURER DIRECTING PAYMENT; BY ADDING SECTION 11-13-45 SO AS TO PROVIDE FOR THE DEPOSIT OF FEDERAL AND OTHER FUNDS IN THE STATE TREASURY AND TO PROVIDE FOR THE USE OF THE FUNDS DEPOSITED; BY ADDING SECTION 11-13-140 SO AS TO PROVIDE THAT WHERE FEDERAL LAW OR REGULATION GOVERNING FEDERAL FUNDS ALLOCATED TO STATE AGENCIES INCLUDES REQUIREMENTS RELATING TO BANKING PROCEDURES, THE STATE TREASURY IS DEEMED TO MEET THE DEFINITION OF A BANK; BY ADDING SECTION 1-11-475 SO AS TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL DEVISE A PLAN FOR THE EXPENDITURE OF STATE AGENCY APPROPRIATIONS FOR EMPLOYER CONTRIBUTIONS; TO AMEND SECTION 8-11-170, RELATING TO THE REQUIREMENT FOR ADVANCE APPROVAL BY THE AGENCY HEAD SALARY COMMISSION AND THE STATE BUDGET AND CONTROL BOARD FOR DUAL STATE EMPLOYMENT FOR AN AGENCY HEAD, SO AS TO REQUIRE TIMELY PAYMENT OF AN EMPLOYEE APPROVED FOR DUAL EMPLOYMENT; BY ADDING SECTION 8-11-35 SO AS TO PROVIDE THE PAY SCHEDULE FOR STATE EMPLOYEES, PROVIDE THAT SALARIES APPROPRIATED ARE THE MAXIMUM COMPENSATION FOR THE POSITION, TO PROVIDE RESTRICTIONS ON DUAL COMPENSATION AND EXPENSES, TO REQUIRE REPORTING OF EMPLOYEES RECEIVING DUAL COMPENSATION, AND TO EXEMPT THE HIRING OF SHORT-TERM EMPLOYEES FROM REGULATIONS GOVERNING APPOINTMENTS AND RESTRICTIONS ON NEPOTISM; BY ADDING SECTION 8-11-196 SO AS TO PROVIDE THAT CONDITIONS UPON WHICH A STATE AGENCY OR INSTITUTION MAY HIRE EMPLOYEES TO FILL TEMPORARY GRANT POSITIONS SPECIFIED IN FEDERAL GRANTS, PUBLIC CHARITY GRANTS, PRIVATE FOUNDATION GRANTS, RESEARCH GRANTS, AND POSITIONS WITH TIME LIMITED FUNDING APPROVED OR AUTHORIZED BY A STATE AUTHORITY; BY ADDING SECTION 1-11-67 SO AS TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ASSESS AND COLLECT A RENTAL CHARGE FROM ALL STATE DEPARTMENTS AND AGENCIES THAT OCCUPY STATE BUDGET AND CONTROL BOARD SPACE IN STATE-CONTROLLED OFFICE BUILDINGS, TO PROVIDE A BASIS TO CALCULATE THE CHARGE, DISBURSE THE MONIES COLLECTED, AND APPORTION THE PAYMENT OF THE CHARGE; BY ADDING SECTION 1-11-425 SO AS TO PROVIDE THAT ALL AGENCIES SHALL PRINT CERTAIN INFORMATION ON THE LAST PAGE OF CERTAIN BOUND PUBLICATIONS; BY ADDING SECTION 8-11-199 SO AS TO PROVIDE THAT A STATE AGENCY OR INSTITUTION MAY NOT PAY OR REIMBURSE AN EMPLOYEE FOR PROFESSIONAL DUES PAYMENTS TO THE AMERICAN BAR ASSOCIATION; BY ADDING SECTION 10-1-55 SO AS TO PROVIDE THAT A LOCAL GOVERNMENT ENTITY WHICH DEMANDS PAYMENT OF RENT OR LEASE PAYMENTS FROM A STATE AGENCY OR INSTITUTION, UNDER CERTAIN CIRCUMSTANCES, MUST HAVE A CERTAIN PERCENTAGE OF THE CHARGE DEDUCTED FROM ITS LOCAL GOVERNMENT STATE AID TO SUBDIVISIONS ALLOCATION, AND TO PROVIDE THAT THE STATE AGENCY MUST BE REIMBURSED THE ACTUAL AMOUNT PAID AND THE BALANCE MUST BE CREDITED TO THE GENERAL FUND OF THE STATE FROM THE PORTION OF THE DEDUCTED ALLOCATION; TO AMEND SECTION 8-11-15, RELATING TO THE MINIMUM FULL-TIME WORKWEEK FOR STATE AGENCIES AND INSTITUTIONS AND ALTERNATIVE SCHEDULING, SO AS TO PROVIDE THAT STATE AGENCIES MAY USE ALTERNATE WORK LOCATIONS, INCLUDING TELECOMMUTING, THAT RESULT IN GREATER EFFICIENCY AND COST SAVINGS; TO AMEND SECTION 11-9-85, RELATING TO TAX AND FEE REVENUE CALCULATED ON AN ACCRUAL BASIS, SO AS TO PROVIDE FOR CALCULATING THE DEED RECORDING FEE IMPOSED BY CHAPTER 24, TITLE 12 ON AN ACCRUAL BASIS; TO AMEND SECTION 4-9-150, AS AMENDED, RELATING TO AUDITS OF COUNTY RECORDS, SO AS TO PROVIDE THAT IF A COPY OF THE REPORT OF A COUNTY'S AUDIT REQUIRED TO BE SUBMITTED TO THE COMPTROLLER GENERAL IS NOT TIMELY FILED, FUNDS DISTRIBUTED BY THE COMPTROLLER GENERAL TO THE COUNTY MUST BE WITHHELD PENDING RECEIPT OF A COPY OF THE REPORT; TO AMEND CHAPTER 11, TITLE 8, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-11-75 SO AS TO PROVIDE THAT AN EMPLOYEE PARTICIPATING IN A PLAN UNDER THE DEFERRED COMPENSATION PROGRAM MAY REPAY A LOAN MADE BY THE EMPLOYEE BY MEANS OF A PAYROLL DEDUCTION FROM HIS COMPENSATION; AND TO APPROPRIATE AND TRANSFER FUNDS FROM THE EDUCATION LOTTERY ACCOUNT FOR FISCAL YEAR 2002-2003 AND PROVIDE THE USES OF THE FUNDS APPROPRIATED AND TRANSFERRED; BY ADDING SECTION 25-1-1440 SO AS TO PROVIDE FOR THE MAINTENANCE AND CARE OF THE CAISSON OWNED BY THE ADJUTANT GENERAL; BY ADDING SECTION 59-150-355 SO AS TO APPROPRIATE FISCAL YEAR 2002-2003 CERTIFIED NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, IN ACCORDANCE WITH THE PROVISIONS OF ACT 59 OF 2001, TO APPROPRIATE FISCAL YEAR 2001-2002 CERTIFIED NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS, TO APPROPRIATE UNCLAIMED PRIZE MONEY, AND TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO AMEND SECTION 59-149-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE LIFE SCHOLARSHIP, SO AS TO PROVIDE THAT ELIGIBLE STUDENTS MAY ATTEND A FOUR-YEAR PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING, TO LIMIT THE AMOUNT OF THAT SCHOLARSHIP TO FOUR THOUSAND SEVEN HUNDRED DOLLARS PLUS A THREE HUNDRED DOLLAR BOOK ALLOWANCE, TO LIMIT THE SCHOLARSHIP TO A TWO-YEAR INDEPENDENT INSTITUTION TO THE MAXIMUM COST OF ATTENDANCE AT A TWO-YEAR PUBLIC INSTITUTION, AND TO PROVIDE FOR THE BOOK ALLOWANCE FOR ELIGIBLE STUDENTS AT TWO-YEAR INSTITUTIONS; TO AMEND SECTION 59-149-50, AS AMENDED, RELATING TO ELIGIBILITY FOR THE LIFE SCHOLARSHIP, BY DELETING THE REQUIREMENT OF A MAY 1995 OR LATER GRADUATION; TO AMEND SECTION 59-149-60, RELATING TO THE LIMITS OF ELIGIBILITY FOR THE LIFE SCHOLARSHIP, SO AS TO DELETE THE REQUIREMENT THAT ELIGIBLE STUDENTS ENROLL IN AN ELIGIBLE INSTITUTION WITHIN TWO YEARS OF HIGH SCHOOL GRADUATION; TO AMEND TITLE 2, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 75 SO AS TO CREATE THE SOUTH CAROLINA RESEARCH CENTERS OF ECONOMIC EXCELLENCE, TO ESTABLISH ENDOWED RESEARCH PROFESSORSHIPS AT CLEMSON UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, AND THE UNIVERSITY OF SOUTH CAROLINA, TO PROVIDE FOR THE COMPETITIVE SCREENING FOR AND AWARD OF GRANTS MATCHING PRIVATE FUNDING, AND TO OTHERWISE ENCOURAGE RESEARCH AND DEVELOPMENT IN AREAS TARGETED TO CREATE JOBS AND ECONOMIC OPPORTUNITIES; TO AMEND SECTION 59-150-350, RELATING TO APPROPRIATIONS FOR AND ALLOCATIONS TO CERTAIN EDUCATIONAL PURPOSES AND PROGRAMS FROM THE EDUCATION LOTTERY ACCOUNT, SO AS TO DELETE THE LIMIT OF ONE PERCENT OF NET PROCEEDS IN THE ALLOCATION TO THE SOUTH CAROLINA STATE LIBRARY FOR PUBLIC LIBRARY STATE AID, TO PROVIDE FOR TUITION ASSISTANCE INSTEAD OF FREE TUITION TO STATE TECHNICAL COLLEGES AND TWO-YEAR PUBLIC INSTITUTIONS, TO PROVIDE FOR THE ALLOCATIONS FOR THE PURCHASE OR REPAIR OF SCHOOL BUSES, SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION DIGITALIZATION, A CONSTRUCTION AND RENOVATION FUND FOR HISTORICALLY BLACK COLLEGES AND UNIVERSITIES, AND TUITION GRANTS, AND TO DELETE THE ALLOCATION FOR YOUTH EDUCATION SCHOLARSHIPS; TO AMEND SECTION 59-150-360, RELATING TO ATTENDANCE AT A TECHNICAL COLLEGE OR A TWO-YEAR INSTITUTION, SO AS TO PROVIDE FOR TUITION ASSISTANCE RATHER THAN FREE TUITION, TO PERMIT TUITION ASSISTANCE ONLY IF THE STUDENT IS NOT A LIFE SCHOLARSHIP RECIPIENT, TO PROVIDE FOR THE STATE BOARD OF TECHNICAL AND COMPREHENSIVE EDUCATION AND THE COMMISSION ON HIGHER EDUCATION TO IMPLEMENT REGULATIONS IN CONNECTION WITH TUITION ASSISTANCE, TO DELETE AN ACADEMIC FEE ALLOWANCE, AND TO LIMIT TUITION ASSISTANCE TO THE MAINTENANCE OF A GRADE POINT AVERAGE OF 2.0 AND TO THE EARNING OF ONE DEGREE IN FIVE YEARS; TO AMEND SECTION 59-150-370, RELATING TO THE SC HOPE SCHOLARSHIP, SO AS TO AUTHORIZE A MAXIMUM AMOUNT OF TWO THOUSAND FIVE HUNDRED DOLLARS, PLUS A BOOK ALLOWANCE OF ONE HUNDRED FIFTY DOLLARS, FOR THE FIRST YEAR OF ATTENDANCE ONLY AND TO AN ELIGIBLE STUDENT WHO IS NOT THE RECIPIENT OF A LIFE OR PALMETTO FELLOWS SCHOLARSHIP, AND TO PROVIDE THAT THERE ARE NO TEST SCORE AND CLASS RANK REQUIREMENTS FOR ELIGIBILITY FOR THE SC HOPE SCHOLARSHIP; TO AMEND SECTION 59-104-20, AS AMENDED, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP, SO AS TO PROVIDE FOR AN ANNUAL MAXIMUM AMOUNT OF SIX THOUSAND SEVEN HUNDRED DOLLARS, TO LIMIT THE AMOUNT RECEIVED IN ADDITION TO OTHER GRANTS AND SCHOLARSHIPS, TO PROVIDE FOR THE ALLOCATION OF A PROPORTIONATE PERCENTAGE OF PALMETTO FELLOW SCHOLARSHIPS TO STUDENTS ATTENDING FOUR-YEAR INDEPENDENT INSTITUTIONS, AND TO REQUIRE AUTOMATIC APPROPRIATION FROM THE GENERAL FUND TO COVER ANY SHORTFALL FROM ALL OTHER SOURCES IN FUNDING OF PALMETTO FELLOWS SCHOLARSHIPS FOR ALL ELIGIBLE PERSONS; BY ADDING SECTION 59-150-75 SO AS TO PROVIDE FOR THE ENTRY INTO A MULTI-STATE AGREEMENT BY THE SOUTH CAROLINA LOTTERY COMMISSION FOR THE OFFER OF MULTI-STATE LOTTERY PRODUCTS; AND BY ADDING SECTION 59-1-525 SO AS TO PROVIDE FOR THE IMPLEMENTATION OF A SCHOOLWIDE GRANT PROGRAM TO INCREASE THE ACADEMIC PERFORMANCE OF STUDENTS IN GRADES K-5 IN THE CORE ACADEMIC AREAS OF READING, MATHEMATICS, SOCIAL STUDIES, AND SCIENCE, TO DESIGNATE DESIRED COMPETENCIES, AND TO PROVIDE FOR THE GRANT APPLICATION AND AWARD PROCESS; TO TRANSFER FROM A SECURE REVENUE ACCOUNT TO THE GENERAL FUND FOR FISCAL YEAR 2001-2002 CERTAIN MONIES EARLIER TRANSFERRED FROM THE EXTENDED CARE MAINTENANCE FUND; TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO BORROW SURPLUS FUNDS FROM STATE AGENCIES IN AN AMOUNT NEEDED TO BALANCE THE BUDGETARY GENERAL FUND; TO TRANSFER FOR FISCAL YEAR 2002-2003 ONLY THE CONTINUUM OF CARE FROM THE GOVERNOR'S OFFICE TO THE DEPARTMENT OF SOCIAL SERVICES; TO DIRECT THE DEPARTMENT OF EDUCATION TO FULLY IMPLEMENT THE STUDENT INFORMATION SYSTEM FOR FISCAL YEARS 2002-2003 ONLY AND TO USE CERTAIN FUNDS FOR THIS PURPOSE, AND TO DIRECT THE DEPARTMENT FOR FISCAL YEAR 2002-2003 ONLY TO REDISTRIBUTE CERTAIN GENERAL FUND ADULT EDUCATION REDUCTIONS; TO DIRECT THE BUDGET AND CONTROL BOARD TO PROVIDE TRANSITION SERVICES TO CONSTITUTIONAL OFFICERS ELECTED DURING FISCAL YEAR 2002-2003; TO AMEND SECTION 8-11-620, RELATING TO LEAVE AND LUMP-SUM PAYMENTS FOR LEAVE, SO AS TO PROVIDE THAT A RETIRED MEMBER OF THE POLICE OFFICERS RETIREMENT SYSTEM HIRED TO FILL CERTAIN POSITIONS IS NOT ELIGIBLE FOR A LUMP-SUM PAYMENT FOR UNUSED LEAVE; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT RETIRED MEMBERS OF THE POLICE OFFICERS RETIREMENT SYSTEM HIRED TO FILL CERTAIN POSITIONS; TO AMEND SECTION 9-11-90, AS AMENDED, RELATING TO RETURNING TO SERVICE UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ELIMINATE THE EARNINGS LIMITATION FOR A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO IS HIRED IN A POSITION COVERED BY THAT RETIREMENT SYSTEM OR OTHER STATE RETIREMENT SYSTEMS AND TO REDUCE FROM SIXTY DAYS TO FIFTEEN CONSECUTIVE CALENDAR DAYS THE MINIMUM INTERVAL BEFORE A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM MAY BE HIRED BY A COVERED EMPLOYER WITHOUT AFFECTING THE MEMBER'S RETIREMENT ALLOWANCE; TO REQUIRE SEVEN MILLION DOLLARS FOR FISCAL YEAR 2002-2003 ONLY TO BE APPROPRIATED TO SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS FROM NONRECURRING 2002-2003 REVENUE; TO REQUIRE THE STATE TREASURER TO TRANSFER CERTAIN FUNDS TO THE BARNWELL ECONOMIC DEVELOPMENT FUND; TO PROVIDE FOR THE TRANSFER OF VARIOUS PARCELS OF REAL PROPERTY FROM THE CHARLESTON NAVAL COMPLEX REDEVELOPMENT AUTHORITY TO THE CITY OF NORTH CHARLESTON UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE CONTINUATION ON SHARING OF SPECIFIC BENEFITS, REVENUES, AND FUNDING UPON SUCH TRANSFER; TO AMEND AN ACT OF 2002 BEARING RATIFICATION NUMBER 317, RELATING TO THE LOCATION OF NEW TERMINAL FACILITIES FOR THE SOUTH CAROLINA STATE PORTS AUTHORITY, SO AS TO PROVIDE THAT THE STATE RATHER THAN THE STATE BUDGET AND CONTROL BOARD SHALL PROVIDE CERTAIN INDEMNIFICATION TO THE MEMBERS OF THE BOARD OF THE STATE PORTS AUTHORITY.

Be it enacted by the General Assembly of the State of South Carolina:

Citation and proviso and other codifications

SECTION 1. This act may be cited as the Budget Proviso Codification Act.

A. (1.61) Section 59-21-170 of the 1976 Code is repealed.

B. (1A.42) Article 5, Chapter 1, Title 59 of the 1976 Code is amended by adding:

"Section 59-1-455. Notwithstanding any other provision of law, lapsed funds, including unexpended appropriated funds or revenue in excess of appropriations in the EIA Fund, in a prior or current fiscal year must first be used to offset an official EIA revenue shortfall declared by the Board of Economic Advisors and then to fund any school district's appropriation deficit for EIA Teacher Salary Supplement, Teacher Salary Supplement Fringe, or National Board Certification Incentive. The remaining lapsed funds must be used in accordance with Section 59-21-420. If an official EIA revenue shortfall is declared, funds appropriated for EIA teacher salaries and related fringe benefits in the EIA portion of the annual general appropriations act are exempt from any reduction required to offset the shortfall."

C. The 1976 Code is amended by adding:

"Section 59-5-71. The General Assembly declares that it is in the best interest of the students of South Carolina for a uniform beginning date for the annual school term to be developed and adopted by the State Board of Education to be implemented in all public schools of the State. Therefore, the State Board of Education is directed to establish a task force comprised of superintendents, principals, teachers, parents, school board members, and representatives of business and industry, including tourism-related industries no later than July 1, 2002. This task force to the extent possible shall be equally divided among proponents of existing or earlier starting dates for schools, proponents of later starting dates for schools, including proponents for dates after Labor Day, and persons who legitimately have no preferences. The task force shall make recommendations to the board including, but not limited to, the desirability of and if agreed upon a suggested uniform beginning date for the annual school term. The task force shall report its findings to the State Board of Education no later than October 15, 2002."

A. (5A.4) The 1976 Code is amended by adding:

"Section 59-103-55. Each four-year campus of each state-supported public institution of higher learning, as defined in Section 59-103-5, shall have equal representation on all formal and informal councils, advisory groups, committees, and task forces of the commission. Independent four-year colleges shall have representation on all formal and informal committees and commissions dealing with higher education statewide issues."

B. (5A.7) The 1976 Code is amended by adding:

"Section 59-112-110. The University of South Carolina's Aiken Campus and Aiken Technical College may offer in-state tuition to a student whose legal residence is in the Richmond/Columbia County area of the State of Georgia as long as the Georgia Board of Regents continues its Georgia Tuition Program by which in-state tuition is offered to students residing in the Aiken/Edgefield/McCormick County area of the State of South Carolina, or students residing in the Aiken/Edgefield County area of the State of South Carolina if the Georgia Board of Regents does not include McCormick County residents in its Georgia Tuition Program."

C. (5A.9) The 1976 Code is amended by adding:

"Section 59-103-162. The South Carolina Commission on Higher Education shall review annually the activities of the South Carolina Manufacturing Extension Partnership, make a budget recommendation to the General Assembly, and coordinate the allocation of funds among each participating institution. The funds appropriated to the University of South Carolina - Columbia for the South Carolina Manufacturing Extension Partnership may not be used for any other purpose. The commission shall review the membership of the South Carolina Manufacturing Extension Partnership board to insure appropriate representation of each participating institution."

D. (5A.12) Section 59-29-190 of the 1976 Code is amended to read:

"Section 59-29-190. Each school district shall provide advanced placement courses in all secondary schools of the district which enroll an adequate number of academically talented students to support the course. By August 15, 1984, the State Board of Education by regulation shall specify what constitutes an advanced placement course and an adequate number of students for these programs. A student who successfully completes the advanced placement requirements for a course and who receives a score of three or higher on the advanced placement exam shall receive advanced placement credit for the course in each post-secondary public college in South Carolina in the manner specified by the Commission on Higher Education in conjunction with the State Board of Education."

E. (5A.14) Chapter 101, Title 59 of the 1976 Code is amended by adding:

"Section 59-101-345. In instances where the equal division of the appropriated funds between need-based grants and the Palmetto Fellows Program exceeds the capacity to make awards in either program, the Commission on Higher Education has the authority to reallocate the remaining funds between the two programs. Public and independent higher education institutions must give first priority for need-based grants to children and young adults in the custody of the State Department of Social Services. Institutions and the Commission on Higher Education shall accept written verification from the Department of Social Services that the child or young adult is in the custody of the Department of Social Services, and must provide the maximum amount allowed by law for that need-based grant."

F. (5A.16) Section 59-112-70 of the 1976 Code is amended to read:

"Section 59-112-70. (A) Notwithstanding other provisions of this chapter, the governing boards listed in Section 59-112-10A, are authorized to adopt policies for the abatement of any part or all of the out-of-state rates for students who are recipients of scholarship aid.

(B) State-supported colleges and universities, including the technical colleges, may waive the nonresident portion of tuition and fees for those students who are participating in an international Sister-State agreement program which the Governor and the General Assembly have entered to promote the economic development of South Carolina. The nonresident fee waiver for the students is applicable only for those Sister-State agreements where South Carolina students receive reciprocal consideration. The Commission on Higher Education, through coordination with the Budget and Control Board, will annually notify institutions of the Sister-State agreements eligible for the nonresident fee waiver. The credit hours generated by these students must be included in the Mission Resource Requirement for funding."

G. (5A.17) Section 59-112-60 of the 1976 Code is amended to read:

"Section 59-112-60. (A) Except as provided in this section, full-time faculty and administrative employees of State Institutions and their spouses and children are excluded from the provisions of this chapter.

(B) Employees of public colleges, universities, and technical colleges may attend classes at an institution of higher learning and receive tuition assistance in accordance with Budget and Control Board guidelines and regulations."

H. (5A.18)(1) Section 40-43-83(A) of the 1976 Code is amended by adding at the end:

"This subsection does not apply to a college or university athletic department that dispenses prescription drugs or devices."

(2) Section 40-43-83(D) of the 1976 Code is amended to read:

"(D) Each pharmacy shall have a pharmacist-in-charge; however, a college or university athletic department pharmacy is not required to have a pharmacist-in-charge. Whenever an applicable rule requires or prohibits action by a pharmacy, responsibility is that of the permit holder and the pharmacist-in-charge of the pharmacy, whether the ownership is a sole proprietor, partnership, association, corporation, or otherwise."

(3) Section 40-43-86(B)(1) of the 1976 Code is amended by adding at the end:

"Subsection (B)(1) does not apply to a college or university athletic department pharmacy."

I. (5A.21) Section 59-149-10(E)(2) of the 1976 Code, as added by Act 59 of 2001, is amended by adding at the end:

"(2) Beginning with school year 2002-2003, the annual amount of a LIFE Scholarship for eligible resident students attending a four-year independent institution must be the cost of attendance up to a maximum of the average annual cost of tuition at the state's four-year public institutions of higher learning in the corresponding academic year. In addition, and notwithstanding the provisions of subsection (D) above, beginning with school year 2002-2003, eligible resident students attending two-year independent institutions may not receive an annual LIFE scholarship of more than the maximum cost of tuition at two-year regional public institutions for thirty credit hours a year or its equivalent."

A. (15.3) The 1976 Code is amended by adding:

"Section 59-103-200. Upon approval by the commission, the agency may remove certain record and nonrecord materials from its collections by gift to another public or nonprofit institution or by sale at public auction. This is a supplemental form of disposition beyond that recognized in the Public Records Act for the retention, copying, and destruction of public records, and it pertains only to those accessioned archives materials having a market value and which duplicate existing archival material, fall outside the scope of the archives collection policy, or have no further possible research value. All funds realized through sale by public auction must be placed in a special account to be used for improved access to and preservation of the state archives collections. The commission shall report annually to the Budget and Control Board regarding these dispositions."

A. (38.1) The 1976 Code is amended by adding:

"Section 24-21-55. The Department of Probation, Parole and Pardon Services shall receive a hearing fee under a plan approved by the Budget and Control Board."

B. (38.2) The 1976 Code is amended by adding:

"Section 24-21-85. Every person placed on electronic monitoring must be assessed a fee to be determined by the Department of Probation, Parole and Pardon Services in accordance with Section 24-21-80, as long as he remains in the electronic monitoring program. The payment of the fee must be a condition of supervision of any program administered by the department and a delinquency of two months or more in making payments may operate as a revocation. All fees generated by this assessment must be retained by the department to support the electronic monitoring program and carried forward for the same purpose."

C. (38.4) Section 24-21-490 of the 1976 Code, as added by Act 437 of 1996, is amended to read:

"Section 24-21-490. (A) The Department of Probation, Parole and Pardon Services shall collect and distribute restitution on a monthly basis from all offenders under probationary and intensive probationary supervision.

(B) Notwithstanding Section 14-17-725, the department shall assess a collection fee of twenty percent of each restitution program and deposit this collection fee into a separate account. The department shall maintain individual restitution accounts that reflect each transaction and the amount paid, the collection fee, and the unpaid balance of the account. A summary of these accounts must be reported to the Governor's Office, the President of the Senate, the Speaker of the House, the Chairman of the House Judiciary Committee, and the Chairman of the Senate Corrections and Penology Committee every six months following the enactment of this section.

(C) The department may retain the collection fees described in subsection (B) and expend the fees for the purpose of collecting and distributing restitution. Unexpended funds at the end of each fiscal year may be retained by the department and carried forward for use for the same purpose by the department."

D. (38.5) The 1976 Code is amended by adding:

"Section 24-21-235. The Department of Probation, Parole and Pardon Services is authorized to issue duty clothing for the use of department employees."

E. (38.6) Article 3, Chapter 21, Title 24 of the 1976 Code is amended by adding:

"Section 24-21-237. Meals may be provided to employees of the department who are not permitted to leave duty stations and are required to work during deployments, actual emergencies, emergency simulation exercises, and when the Governor declares a state of emergency."

F. (38.9) Section 17-25-324 of the 1976 Code, as added by Act 437 of 1996, is amended to read:

"Section 17-25-324. (A) Secondary victims and third-party payees, excluding the offender's insurer, may receive restitution as determined by the court. The Department of Probation, Parole and Pardon Services shall ensure that a primary victim receives his portion of a restitution order before any of the offender's payments are credited to a secondary victim or a third party payee, or both.

(B) The department shall report to the Governor's Office, the President of the Senate, the Speaker of the House, the Chairman of the House Judiciary Committee, and the Chairman of the Senate Corrections and Penology Committee by the first day of the 1997 Legislative Session detailed recommendations for collection and distribution of restitution and issues relating to indigent offenders and use of civil remedies."

A. (26.2 and 26.3) Section 51-1-40 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 51-1-40. (A) The department may impose a reasonable fee for admission to park and recreational facilities and these fee revenues must be used for park and recreational operations.

(B) The department may impose a fee for the cost of vacation guides, research reports, educational conferences, technical planning assistance, technical drawings, and mailing lists. The fee must offset the actual cost of producing or providing these items or services and these offsetting revenues must be retained by the department in a restricted account. The revenues under this subsection in excess of actual cost must be remitted to the general fund of the State.

(C) The department shall retain the revenues of the gift and souvenir shop it operates at the Boyleston House and these revenues must be used for departmental operation."

B. (26.7) Section 51-3-90 of the 1976 Code is amended to read:

"Section 51-3-90. (A) The department may sell, exchange, or lease lands under its jurisdiction when in its judgment it is advantageous to the State to do so in the highest orderly development and management of state parks but such a sale, lease, or exchange must not be contrary to the terms of any contract which the department has entered into.

(B) The department may retain funds derived from sales authorized in subsection (A) of this section and credit these funds to the Recreation Land Trust Fund established pursuant to Chapter 11 of this title."

A. (54.2) The 1976 Code is amended by adding:

"Section 2-3-225. The Speaker of the House is authorized to reimburse travel and other expenses incurred by employees of the House of Representatives for official business in accordance with applicable policies and regulations."

B. (54.3 and 54.8) The 1976 Code is amended by adding:

"Section 2-3-65. (A) All vouchers for the payment of the expenses or compensation, or both, of the General Assembly must be prepared by the clerks of the two houses of the General Assembly.

(B) The clerks of the two houses and the Legislative Council may issue their warrants on approved accounts for necessary extra clerical or other services with the approval of: (a) the Speaker on behalf of the House of Representatives; (b) the President of the Senate on behalf of the Senate; and (c) the executive director of the Legislative Council on behalf of the Legislative Council."

C. (54.11) The 1976 Code is amended by adding:

"Section 2-3-67. The clerks of the Senate and the House, with the approval of the Senate Operations and Management Committee and the Speaker of the House, respectively, shall have installed an appropriate telephone service for use of the membership and presiding officers of the two houses of the General Assembly."

D. (54.12 and 54.5) The 1976 Code is amended by adding:

"Section 2-3-155. (A) The Speaker of the House of Representatives shall appoint the Executive Director of Research. The Speaker, with the advice and consent of the individual committee chairmen, shall appoint the Director of Research for each standing committee.

(B) Necessary temporary or permanent research assistants for the House of Representatives must be paid from approved accounts of the House of Representatives upon the approval of the Speaker with the advice and consent of the applicable standing committee chairman. The Speaker may adjust salary levels of House employees using funds carried forward from the research assistant accounts."

E. (54.14) The 1976 Code is amended by adding:

"Section 2-3-105. (A) The duties of the Sergeants at Arms and Directors of Security of the respective Houses or the Assistant Sergeant at Arms, or both, are:

(1) as provided by law;

(2) as provided by the Rules of the respective Houses;

(3) the security of personnel and property of the respective Houses; and

(4) those designated by the President Pro Tempore of the Senate or the Speaker of the House of Representatives.

(B) The Sergeants at Arms and Directors of Security of the respective Houses or the Assistant Sergeant at Arms, or both, shall meet and escort visitors in and about their respective bodies and must be, during the hours of duty, dressed in a distinctive manner, so as to be easily identified as Sergeants at Arms and Directors of Security of the respective Houses."

F. (54.18) The 1976 Code is amended by adding:

"Section 10-1-45. Improvements and additions to the State House must be recommended or approved by the State House Committee of the General Assembly, and that bidding, executing, and carrying out of contracts must be in accordance with standing regulations and procedures for any other work of the same type applicable to agencies and institutions of state government."

G. (54.25) The 1976 Code is amended by adding:

"Section 2-3-235. Nursing personnel employed to staff the Nursing Stations in the State House and in the L. Marion Gressette Senate Office Building shall accrue annual leave and receive the same annual leave allowance and receive the same basic health and accident insurance coverage as is provided pursuant to law to other state employees."

H. (54.27) Section 2-7-80 of the 1976 Code, as last amended by Act 194 of 1987, is further amended to read:

"Section 2-7-80. The clerks of the two houses of the General Assembly are directed to have printed all statewide acts after their approval by the Governor and to place upon the desk of each member of the General Assembly, not later than two weeks after the approval date, a copy of such acts and to mail copies to the house of those members who request such services and, after sine die adjournment each year, to mail a copy of all acts not placed on the members' desks during the session to the home address of each member of the General Assembly. In addition, three copies must be mailed to the head of each state department and institution, to the Chief Justice and associate justices and clerk of the Supreme Court, to the Chief Judge and associate judges and clerk of the Court of Appeals, and each judge and clerk of the judicial circuits. Likewise, printed copies of local acts approved by the Governor must be furnished to the members of the legislative delegation from the county involved. The Secretary of State shall notify the respective clerks immediately upon receipt of all acts available to them for proofreading. One copy of each printed statewide act of the General Assembly must be supplied to each county clerk of court and each county governing body."

I. (54.30) The 1976 Code is amended by adding:

"Section 8-11-198. Per diem may not be paid to a public officer or state employee from more than one source for any one calendar day."

J. (54.35) The 1976 Code is amended by adding:

"Section 2-3-175. Full-time employees of the House of Representatives and the Senate are prohibited from outside employment during normal working hours, except with the permission of an employee's department head, and annual leave must be taken for any approved outside employment."

K. (54.38) Section 12-36-2120 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding an appropriately numbered item at the end to read:

"( ) copies of or access to legislation or other informational documents provided to the general public or any other person by a legislative agency when a charge for these copies is made reflecting the agency's cost of the copies."

L. (54.39) Chapter 3, Title 2 of the 1976 Code is amended by adding:

"Section 2-3-45. Notwithstanding another provision of law, a member of the House of Representatives who does not use all of his annual allocation for postage or telephone expenses may use the remaining funds in one category in the other category during that year."

M. (54.40) Section 2-3-170 of the 1976 Code is amended to read:

"Section 2-3-170. (A) All persons elected or appointed under the provisions of this chapter shall receive such compensation as the General Assembly shall determine.

(B) Notwithstanding any other law, the Speaker must authorize and allocate any base pay increase, merit pay, or bonus among the staff of the House of Representatives in the manner the Speaker determines after consultation with the Operations and Management Committee and chairmen of the standing committees of the House."

**N. (54.41) Chapter 1, Title 2 of the 1976 Code is amended by adding:

"Section 2-1-220. Notwithstanding any other provision of law or regulation, or any limitation or provision contained in the annual general appropriations act, each house of the General Assembly is exempt from any provision which requires the approval of the State Budget and Control Board or any other executive branch agency for the expenditure, management, or transfer of any legislative branch appropriations."

O. (54.42) Chapter 3, Title 2 of the 1976 Code is amended by adding:

"Section 2-3-27. A member of the General Assembly who has been convicted of a felony under state or federal law, or who has pled guilty or nolo contendere to these offenses, may not receive compensation or reimbursable expenses provided for members of the General Assembly in the annual general appropriations act. However, this section does not apply to a person who has been pardoned under state or federal law of the disqualifying felony."

P. (54.46) (1) Section 1-11-55(1) of the 1976 Code, as added by Act 153 of 1997, is amended to read:

"(1) 'Governmental body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, legislative body, agency, government corporation, or other establishment or official of the executive, judicial, or legislative branches of this State. Governmental body excludes the General Assembly, Legislative Council, the Office of Legislative Printing, Information and Technology Systems, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts."

(2) Section 2-3-75 of the 1976 Code, as last amended by Act 194 of 1987, is further amended to read:

"Section 2-3-75. The Office of Legislative Printing, Information and Technology Systems (LPITS) is established under the joint direction and management of the Clerk of the Senate and the Clerk of the House. The Clerks shall employ a director to carry out the business of the office, who shall have authority to hire and discharge staff with the approval of the Clerks, with funds as may be authorized by the General Assembly. The Office of Legislative Printing, Information and Technology Systems has the following authority and duties:

(1) The Office of Legislative Printing, Information and Technology Systems shall provide printing and technical services to the House of Representatives, the Senate, the Legislative Council, and the Code Commissioner. The Director of LPITS shall, with the approval of the Clerks, contract for all legislative printing requirements not otherwise provided for by law. LPITS shall also contract for the printing requirements of the Code Commissioner as contained in Section 2-13-60(4).

(2) Any materials which have been printed or paid for under the LPITS printing contract may be sold to other state agencies and private persons. All funds received for this service must be deposited in the state treasury to the credit of the general fund of the State. Before any funds are paid into the state treasury, all necessary expenses incurred by the Office of LPITS in the production and distribution of materials in accordance with this section may be first deducted and retained by the Office of LPITS. Payment for these expenses may be made on order of the Director of Legislative Printing, Information and Technology Systems and approval of the Clerks of the House and Senate.

(3) Legislative Printing, Information and Technology Systems may sell by means of electronic transmission or by other means as it considers appropriate any legislative document or report which may be obtained under the provisions of Chapter 4 of Title 30 of the 1976 Code. This sale is with the approval of the Clerks of the House and Senate upon their prior consultation with the Speaker of the House and the President Pro Tempore of the Senate."

(3) Section 2-13-60(5) of the 1976 Code is amended to read:

"(5) annually prepare for publication, to be printed by the Office of Legislative Printing, Information and Technology Systems (LPITS), the statutes and joint resolutions passed at the preceding session;"

(4) Section 2-13-180 of the 1976 Code is amended to read:

"Section 2-13-180. The Code Commissioner, from time to time during any session of the General Assembly, shall furnish the Office of Legislative Printing, Information and Technology Systems (LPITS) with all acts and joint resolutions of a general and permanent nature which have become law. The Office of Legislative Printing, Information and Technology Systems (LPITS) as soon as practicable after delivery of these acts and joint resolutions shall furnish the Code Commissioner with page proofs of all acts and joint resolutions."

(5) Section 2-13-190 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 2-13-190. Within five days after receiving the page proofs corrected from the Code Commissioner, the Office of Legislative Printing, Information and Technology Systems (LPITS) shall print the same and shall deliver as many copies to the Code Commissioner as the commissioner may order. The Code Commissioner on receipt of these copies shall send a copy to each of the following officers: The Governor, Supreme Court Justices, Clerk of the Supreme Court, Court of Appeals Judges, Clerk of the Court of Appeals, circuit judges, circuit solicitors, county judges, county solicitors, clerk of the court of each county, judge of probate of each county, Attorney General, Secretary of State, Comptroller General, Adjutant General, State Treasurer, Chief Bank Examiner, Department of Revenue, Director of the Department of Transportation, State Health Officer, Director of the Department of Natural Resources, Chairman of the Public Service Commission, Commissioner of Agriculture, Director of the Department of Insurance, State Budget and Control Board, State Superintendent of Education, State Librarian, Clerk of the House of Representatives, Clerk of the Senate, Director of the South Carolina Archives Department, and the members of the General Assembly. Any magistrate may obtain a copy of advance sheets of statutes by sending his name, address, and term to the Code Commissioner."

(6) Section 2-13-200 of the 1976 Code is amended to read:

"Section 2-13-200. The Code Commissioner and the Legislative Council may sell the service mentioned in Section 2-13-190 on terms agreeable to the council and the Code Commissioner. All funds received for this service must be deposited in the state treasury, to the credit of the general funds of the State, but before any funds are paid into the state treasury, the expenses of the Code Commissioner and the Office of Legislative Printing, Information and Technology Systems (LPITS) for additional supplies, postage, and clerical help may be first deducted. Payment of these additional expenses may be made on order of the Chairman of the Legislative Council and the Clerks of the House and Senate."

(7) Section 2-13-210 of the 1976 Code is amended to read:

"Section 2-13-210. Within twenty-five days after the adjournment of any session of the General Assembly, the Code Commissioner shall furnish the Director of the Office of Legislative Printing, Information and Technology Systems all acts and joint resolutions passed, and which have been approved by the Governor. The Code Commissioner shall deliver to the Director of the Office of Legislative Printing, Information and Technology Systems, within fifteen days after the receipt of the final page proof, a complete index of all the acts and joint resolutions furnished the director and such other copy as may be necessary for the published acts. The style and makeup of the acts and joint resolutions must be in such form as the Code Commissioner and Clerks of the Senate and the House may agree upon."

(8) Section 11-35-310(18)of the 1976 Code, as last amended by Part II, Act 171 of 1991, is further amended to read:

"(18) 'Governmental Body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, agency, government corporation, or other establishment or official of the executive or judicial branch. Governmental body excludes the General Assembly or its respective branches or its committees, Legislative Council, the Office of Legislative Printing, Information and Technology Systems, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts or any entity created by act of the General Assembly for the purpose of erecting monuments or memorials or commissioning art that is being procured exclusively by private funds."

(9) Section 29-6-250(4) of the 1976 Code, as added by Act 295 of 2000, is amended to read:

"(4) For purposes of this section, 'governmental body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, agency, government corporation, or other establishment or official of the executive or judicial branch, and all local political subdivisions. Governmental body excludes the General Assembly or its respective branches or its committees, Legislative Council, the Office of Legislative Printing, Information and Technology Systems, or any entity created by act of the General Assembly for the purpose of erecting monuments or memorials or commissioning art that is procured exclusively by private funds."

A. (58.1) Chapter 5, Title 1 of the 1976 Code is amended by adding:

"Section 1-5-50. The Secretary of State may establish and collect fees, not to exceed the actual cost of searching for or making copies of records. These records must be furnished at the lowest possible cost to the person requesting the records. The agency also may charge a reasonable hourly rate for making records available to the public and require a reasonable deposit of such costs before searching for or making copies of the records. Fees collected pursuant to this section may be retained by the agency and used to defray the expenses associated with purchasing and maintaining computer and telephone facsimile equipment and rent."

B. (58.2) Chapter 5, Title 1 of the 1976 Code is amended by adding:

"Section 1-5-60. The Secretary of State may establish, collect, and retain fees to recover the costs associated with the collection of dishonored checks returned to the agency due to insufficient funds. These fees must be retained and expended by the agency to defray collection expenses and any unused amount must be carried forward to the succeeding fiscal year and used for the same purposes."

A. (59.5) The 1976 Code is amended by adding:

"Section 11-3-175. The Office of the Comptroller General shall implement appropriate accounting procedures to consolidate accounts, in connection with lump sum agencies, as necessary for proper accounting and for facilitation of financial reporting in accordance with generally accepted accounting principles."

A. (63.12) The 1976 Code is amended by adding:

"Section 1-11-225. The Division of Operations shall establish a cost allocation plan to recover the cost of operating the comprehensive statewide Fleet Management Program. The division shall collect, retain, and carry forward funds to ensure continuous administration of the program."

B. (63.24) Section 11-9-820 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 11-9-820. (A) There is created the Board of Economic Advisors as follows:

(1) one member, appointed by, and serving at the pleasure of, the Governor, who shall serve as chairman and shall receive annual compensation of ten thousand dollars;

(2) one member appointed by, and serving at the pleasure of, the Chairman of the Senate Finance Committee, who shall receive annual compensation of eight thousand dollars;

(3) one member appointed by, and serving at the pleasure of, the Chairman of the Ways and Means Committee of the House of Representatives, who shall receive annual compensation of eight thousand dollars;

(4) The Director of the Department of Revenue, who shall serve ex officio, with no voting rights.

(B) The Chairman of the Board of Economic Advisors shall report directly to the Budget and Control Board to establish policy governing economic trend analysis. The Board of Economic Advisors shall provide for its staffing and administrative support from funds appropriated by the General Assembly.

(C) The Executive Director of the Budget and Control Board shall assist the Governor, Chairman of the Board of Economic Advisors, Chairman of the Senate Finance Committee, and Chairman of the Ways and Means Committee of the House of Representatives in providing an effective system for compiling and maintaining current and reliable economic data. The Board of Economic Advisors may establish an advisory board to assist in carrying out its duties and responsibilities. All state agencies, departments, institutions, and divisions shall provide the information and data the advisory board requires. The Board of Economic Advisors is considered a public body for purposes of the Freedom of Information Act, pursuant to Section 30-4-20(a).

(D) The Department of Commerce shall provide to the Board of Economic Advisors by November tenth the public document prepared pursuant to Section 12-10-100(C) itemizing each revitalization agreement concluded during the previous calendar year. The Department of Revenue shall provide to the Board of Economic Advisors by November tenth a report of the amount of each tax credit claimed in the previous tax year pursuant to Title 12. The report must list individually the amount claimed and the number of filings for each tax credit. The Department of Revenue also must provide to the Board of Economic Advisors by November tenth magnetic tapes containing data from all state individual and corporate income tax filings from the previous tax year, excluding confidential identifying information."

C. (63.29-63.34) Chapter 11, Title 1 of the 1976 Code is amended by adding:

Section 1-11-1110. The Director of the Confederate Relic Room must be appointed by the Executive Director of the State Budget and Control Board after consultation with the South Carolina Division Commander of the Sons of the Confederate Veterans and the President of the South Carolina Chapter of the United Daughters of the Confederacy. The director shall serve at the pleasure of the executive director.

Section 1-11-1120. (A) The Confederate Relic Room is authorized to supplement its state appropriations by receiving donations of funds and artifacts and admission fees and to expend these donations and fees to support its operations and for the acquisition, restoration, preservation, and display of its collection.

(B) The Confederate Relic Room is authorized to collect, retain, and expend fees from research and photographic processing requests and from the sale of promotional items.

Section 1-11-1130. No artifacts owned by the State in the permanent collections of the Confederate Relic Room may be permanently removed or disposed of except by a Concurrent Resolution of the General Assembly.

Section 1-11-1140. It is the intent of the General Assembly that, as soon as space becomes available, the Confederate Relic Room shall relocate to the Columbia Mills building where it will be retained as a separate and distinct facility, to be known as the Confederate Museum, under the State Budget and Control Board."

D. (63.38) Chapter 11, Title 8 of the 1976 Code is amended by adding:

"Section 8-11-57. Notwithstanding any other provision of law, whenever the Governor declares a state of emergency or orders all or some state offices closed due to hazardous weather conditions he may authorize up to five days leave with pay for affected state employees who are absent from work due to the state of emergency or the hazardous weather conditions."

E. (63.45)(1) The 1976 Code is amended by adding:

"Section 9-1-1870. Notwithstanding any other provision of law, except as provided below, retirees and beneficiaries under the State Retirement Systems receiving Medicaid (Title XIX) sponsored nursing home care as of June thirtieth of the prior fiscal year shall receive no increase in retirement benefits during the current fiscal year. However, a retired employee affected by the above prohibition may receive the scheduled increase if he is discharged from the nursing home and does not require admission to a hospital or nursing home within six months. The Department of Health and Human Services, the Department of Social Services, and the State Retirement Systems must share the information needed to implement this section."

(2) The 1976 Code is amended by adding:

"Section 9-11-315. Notwithstanding any other provision of law, except as provided below, retirees and beneficiaries under the Police Officers Retirement System receiving Medicaid (Title XIX) sponsored nursing home care as of June thirtieth of the prior fiscal year shall receive no increase in retirement benefits during the current fiscal year. However, a retired employee affected by the above prohibition may receive the scheduled increase if he is discharged from the nursing home and does not require admission to a hospital or nursing home within six months. The Department of Health and Human Services, the Department of Social Services, and the State Retirement Systems must share the information needed to implement this section."

F. (63.46) The 1976 Code is amended by adding:

"Section 9-1-1350. Notwithstanding the amounts annually appropriated as 'State Employer Contributions', the State Treasurer and Comptroller General are hereby authorized and directed to transfer from the general fund of the State to the proper Retirement System Accounts, month by month, during the current fiscal year, such funds as are necessary to comply with the terms of the Retirement Act as amended, with respect to contributions by the State of South Carolina to the Retirement System."

G. (63A.1) Chapter 7, Title 11 of the 1976 Code is amended by adding:

"Section 11-7-35. In order to carry out his duties, the State Auditor and his assistants or designees must have access to all records and facilities of every state agency during normal operating hours. The State Auditor and his assistants or designees must have access to all relevant records and facilities of any private organization receiving appropriated state monies, relating to the management and expenditures of these state monies, during the organization's normal operating hours. In the performance of his official duties, the State Auditor and his assistants or designees are subject to the statutory provisions and penalties regarding the confidentiality of records of the respective agency or organization under review. All audit working papers and memoranda of the State Auditor, with the exception of final audit reports, are confidential and not subject to public disclosure."

H. (63A.4) Chapter 7, Title 11 of the 1976 Code is amended by adding:

"Section 11-7-40. The State Auditor shall bill the South Carolina Department of Health and Human Services monthly for fifty percent of the costs incurred by the State Auditor in conducting the medical assistance audit. The amount billed by the State Auditor must include those appropriated salary adjustments and employer contributions allowable under the Medicaid program. The Department of Health and Human Services shall remit the amount billed to the credit of the general fund of the State."

I. (63B.1) The 1976 Code is amended by adding:

"Section 8-11-194. Any agency of state government whose operations are covered by funds from other than general fund appropriations must pay from such other sources a proportionate share of the employer costs of retirement, social security, workers' compensation insurance, unemployment compensation insurance, health and other insurance for active and retired employees, and any other employer contribution provided by the State for the agency's employees."

J. (63B.2 and 63B.3) The 1976 Code is amended by adding:

"Section 41-31-820. (A) Unemployment Compensation premiums collected from state agencies will be deposited into a separate account and used to pay Unemployment Compensation benefits to eligible employees of the State. Premiums will be based on experience ratings provided by private consultants and the Budget and Control Board. The Unemployment Compensation Funds' contribution level must be reviewed no less than biennially to ensure that premiums are commensurate with the cost of operating the Unemployment Compensation Fund. All interest earned on this account must be retained by the Unemployment Compensation Fund and used to offset costs.

(B) Notwithstanding the amounts annually appropriated as 'Unemployment Compensation Insurance' to cover unemployment benefit claims paid to employees of the State Government who are entitled under federal law, the State Treasurer and the Comptroller General, are hereby authorized and directed to pay from the general fund of the State to the South Carolina Employment Security Commission such funds as are necessary to cover actual benefit claims paid during the current fiscal year which exceed the amounts paid in for this purpose by the various agencies, departments, and institutions subject to unemployment compensation claims. The Employment Security Commission must certify quarterly to the Budget and Control Board the state's liability for such benefit claims actually paid to claimants who were employees of the State of South Carolina and entitled under federal law. The amount so certified must be remitted to the Employment Security Commission."

K. (63B.4) The 1976 Code is amended by adding:

"Section 42-7-210. Notwithstanding the amounts annually appropriated as 'Workers' Compensation Insurance' to cover Workers' Compensation benefit claims paid to employees of the state government who are entitled under state law, the State Treasurer and the Comptroller General are hereby authorized and directed to pay from the general fund of the State to the State Accident Fund such funds as are necessary to cover actual benefit claims paid and expenses relating to the operations of the agency during the current fiscal year which exceed the amounts paid in for this purpose by the various agencies, departments, and institutions. The State Accident Fund must certify quarterly to the Budget and Control Board the state's liability for such benefit claims actually paid to claimants who are employees of the State of South Carolina and entitled under state law. The amount so certified must be remitted to the State Accident Fund."

L. (63C.1) The 1976 Code is amended by adding:

"Section 11-11-325. If the Board of Economic Advisors revenue forecast to the Budget and Control Board at any time during the current fiscal year projects that revenues for the current fiscal year will be less than appropriated expenditures for this year, the Budget and Control Board in mandating necessary cuts during the current fiscal year to eliminate the projected deficit must first reduce to the extent necessary the appropriation to the Capital Reserve Fund, prior to mandating any cuts in operating appropriation."

A. (64.1, 64.3, 64.6) The 1976 Code is amended by adding:

"Section 12-4-390. (A) The Department of Revenue may collect fees to recover the costs of the production, purchase, handling and mailing of documents, publications, records and data sets, and such funds shall be retained by the agency.

(B) As to revenue derived from the provisions of Chapter 21, Title 12, which is collected from bingo, the Department of Revenue may withhold from the general fund a portion of the revenue the actual costs of bingo audit activity and of criminal record checks pursuant to the evaluation of applications for bingo licenses.

(C) Whenever a professional designation or license is a legislatively mandated requirement for employment by the Department of Revenue, the department is responsible for the annual cost to maintain that required designation or license and provide for examination cost associated with such designation or license if not outside his normal duties."

B. Section 12-54-240(B) of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding a new item to read:

"(23) disclosure of any information on any return that has been filed with the Department of Revenue to the Department of Health and Human Services for the purpose of verifying Medicaid eligibility."

A. (72.2) Article 1, Chapter 11, Title 11 of the 1976 Code is amended by adding:

"Section 11-11-160. The General Assembly shall appropriate all state funds and authorize or appropriate, or both, the use of all federal and other funds for the operations of state agencies and institutions for the current fiscal year. Transfers of these appropriations or authorizations may be approved by the State Budget and Control Board under its authority or by the agency as provided in the annual general appropriations act. An agency which requests or transfers personal service funds must indicate on the transfer document whether or not a reduction in force is involved. To the extent practicable, all agencies and institutions having federal or other funds available for the financing of their operation shall expend these funds in accordance with the provisions of the annual general appropriations act. The authorization to spend federal and other funds must be decreased to the extent that receipts from these sources do not meet the estimates as reflected in each section of the annual general appropriations act and any increase must be authorized through the review process as provided in Chapter 65 of Title 2."

B. (72.8) Chapter 5, Title 11 of the 1976 Code is amended by adding:

"Section 11-5-280. The State Treasurer may enter into contracts allowing a state agency or institution to accept credit cards as payment for goods or services provided."

C. (72.9) Chapter 3, Title 11 of the 1976 Code is amended by adding:

"Section 11-3-185. The expenditure of money appropriated by the General Assembly is by warrant requisitions directed to the Comptroller General. Upon receipt of the requisition, accompanied by invoices or other satisfactory evidence of the propriety of the payment, and itemized according to standard budget classifications, the Comptroller General shall issue a warrant on the State Treasurer to the payee designated in the requisition. Requisitions for warrants may not be processed for amounts less than one dollar. Upon approval and designation by the State Budget and Control Board, state institutions may requisition funds in favor of their own treasurer, itemized only to the extent of the purpose of the appropriation as expressed in the act or joint resolution appropriating the funds, and may deposit these funds in the name of the institution in the bank or banking institutions designated by the State Treasurer, and disburse these funds by check in order to meet the purposes of the appropriation. Strict account must be kept of all these expenditures according to standard budget classifications. Money may be drawn only when actually owing and due. The Comptroller General shall establish rules and regulations for the uniform reimbursement, remittance, and transfers of funds to the general fund of the State as required by law."

D. (72.11) Chapter 13, Title 11 of the 1976 Code is amended by adding:

"Section 11-13-45. All federal funds received must be deposited in the State Treasury, if not in conflict with federal regulations, and withdrawn from the State Treasury as needed, in the same manner as that provided for the disbursement of state funds. If it is determined that federal funds are not available for, or cannot be appropriately used in connection with, all or any part of any activity or program for which state funds are specifically appropriated for the fiscal year to match federal funds, the appropriated funds may not be expended and must be returned to the general fund, except upon specific written approval of the State Budget and Control Board. Donations or contributions from sources other than the federal government, for use by any state agency, must be deposited in the State Treasury, but in special accounts, and may be withdrawn from the treasury as needed to fulfill the purposes and conditions of the donations or contributions, if specified, and if not specified, as directed by the proper authorities of the department. The expenditure of funds by state agencies from sources other than general fund appropriations are subject to the same limitations and provisions of law applicable to the expenditure of appropriated funds with respect to salaries, wages or other compensation, travel expense, and other allowance or benefits for employees."

E. (72.15) Chapter 13, Title 11 of the 1976 Code is amended by adding:

"Section 11-13-140. For purposes of federal law or regulation relating to funds allotted to state agencies which include requirements relating to banking procedures, the State Treasury is deemed to meet the definition of a bank."

F. (72.22) Article 1, Chapter 11, Title 1 of the 1976 Code is amended by adding:

"Section 1-11-475. It is the intent of the General Assembly that the amounts appropriated to each agency or institution in a fiscal year for employee benefits are sufficient to pay the employer contribution costs of that agency. The State Budget and Control Board shall devise a plan for the expenditure of the funds appropriated for employer contributions and may require transfers of funds within an agency or institution if it becomes evident that the employer contribution costs exceed the funds available for that purpose."

G. (72.23) Section 8-11-170 of the 1976 Code, as added by Act 164 of 1993, is amended to read:

"Section 8-11-170. (A) An agency head may not be dually employed by another state agency or institution of higher education without prior approval by the Agency Head Salary Commission and the State Budget and Control Board.

(B) An employee who is approved for dual employment must be paid in a timely manner. The secondary agency must make payment of funds approved for and earned under dual employment within forty-five days of the beginning of the employment."

H. (72.24) Article 3, Chapter 11, Title 8 of the 1976 Code is amended by adding:

"Section 8-11-35. (A) Except as otherwise provided by law, appropriations for compensation of state employees must be paid in twice-monthly installments to the person holding the position. To provide a regular and permanent schedule for payment of employees, the payroll period begins on June 2 of the prior fiscal year with the first pay period ending on June 16 of the prior fiscal year. The payroll period continues thereafter on a twice-monthly schedule as established by the State Budget and Control Board. This schedule must continue from one fiscal year to another without interruption, on a twice-monthly basis. The State Budget and Control Board may approve changes to this schedule where circumstances are considered justifiable.

(B) The appropriated salaries for specified positions means the maximum compensation for the position, except as specifically provided in other provisions of the annual general appropriations act or other provisions of law, and if the head of a department is able to secure the services for a particular position or work at a lower rate than the salary specified in the annual general appropriations act, the agency head is authorized to pay a lower salary.

(C) An employee of a state department or institution must not be paid any compensation from any other department of the state government except as approved under the provisions of Regulation 19-702.09 of the South Carolina Code of Regulations, and an employee of a department or institution must not be paid travel expenses by any other department or institution without approval of the agency by which he is regularly employed.

(D) The Comptroller General, after June thirtieth of each year, shall report to the Senate Finance Committee and the House Ways and Means Committee the names of all employees receiving dual compensation and the amounts received. The report shall list information under the primary employing agency, and in the format which lists employees under the requesting or secondary agency.

(E) The provisions of Regulation 19-707.02 of the South Carolina Code of Regulations and Section 8-13-750 do not apply to employees hired for one hundred twenty days or fewer."

I. (72.27) The 1976 Code is amended by adding:

"Section 8-11-196. Notwithstanding another provision of law, state agencies and institutions may, at their discretion, hire employees to fill temporary grant positions specified in federal grants, public charity grants, private foundation grants, research grants, and positions with time-limited funding approved or authorized by the appropriate state authority in accordance with the following provisions:

(1) only funds authorized within the approved federal grant, public charity grant, private foundation grant, research grant, time-limited funds for a specified project, or grant generated revenue can be used to pay the salaries or benefits, or both, of temporary employees hired under this provision;

(2) temporary grant or time-limited positions, employees, and the conditions of their employment must be reported in accordance with provisions developed by the Division of Budget and Analyses of the Budget and Control Board;

(3) positions established under this provision must be limited to and must not exist beyond the duration of the time-limited project, grant, or a subsequent renewal of it. However, at the discretion of the public institutions of higher education, including the technical colleges and schools, grant generated revenue may be used to fund continued employment between the expiration of one grant and the subsequent renewal of the same or similar grant. When the grant, time-limited project, or a subsequent renewal ends, temporary grant or time-limited project employees must be terminated and their positions will cease to exist. Temporary grant or time-limited project employees will be exempt from the provisions of Sections 8-17-310 through 8-17-380. State agencies and institutions must terminate all temporary grant or time-limited project positions when funding is terminated, or is insufficient to continue payments under the conditions of the grant or time-limited project;

(4) temporary grant or time-limited project employees may be eligible for benefits, excluding permanent or probationary employment status, not to exceed benefits available to permanent state employees if the funds are available within the grant, time-limited project, or that the use of grant generated revenue is determined to be appropriate by the agency or institution;

(5) temporary grant or time-limited project employees are employed at will. The use of grant generated revenue shall not alter the at-will employment relationship of temporary grant or time-limited project employees. The temporary grant or time-limited project employees are not entitled to compensation beyond the date of termination, but for the part of the grant or time-limited project that has been performed; and

(6) discretionary determinations by a state agency or institution to hire an employee pursuant to this section are final and not subject to administrative or judicial appeal."

J. (72.38) The 1976 Code is amended by adding:

"Section 1-11-67. The State Budget and Control Board shall assess and collect a rental charge from all state departments and agencies that occupy State Budget and Control Board space in state-controlled office buildings. The amount charged each department or agency must be calculated on a square foot, or other equitable basis of measurement, and at rates that will yield sufficient total annual revenue to cover the annual principal and interest due or anticipated on the Capital Improvement Obligations for projects administered or planned by the Office of General Services, and maintenance and operation costs of State Budget and Control Board-controlled office buildings under the supervision of the Office of General Services. The amount collected must be deposited in a special account and must be expended only for payment on Capital Improvement Obligations and maintenance and operations costs of the buildings under the supervision of the Office of General Services.

All departments and agencies against which rental charges are assessed and whose operations are financed in whole or in part by federal or other nonappropriated funds are both directed to apportion the payment of these charges equitably among all funds to ensure that each bears its proportionate share."

K. (72.41) The 1976 Code is amended by adding:

"Section 1-11-425. All agencies using appropriated funds shall print on the last page of all bound publications the following information:

(1) total printing cost,

(2) total number of documents printed, and

(3) cost per unit.

The President Pro Tempore of the Senate, the Speaker of the House, Legislative Printing, Information and Technology Systems, the presidents of each institution of higher education, and the State Board for Technical and Comprehensive Education may exempt from this requirement documents published by their respective agencies. Agency publications which are produced for resale are also exempt from this requirement.

Publications of public relations nature produced by Parks, Recreation and Tourism and the Division of State Development are exempt from this requirement."

L. (72.55) The 1976 Code is amended by adding:

"Section 8-11-199. State agencies and institutions are prohibited from paying or reimbursing professional dues payments for individuals to the American Bar Association."

M. (72.60) The 1976 Code is amended by adding:

"Section 10-1-55. A local government entity which demands payment of rent or lease payments from a state agency or institution, unless approved by that state agency, must have deducted from that local government's State Aid to Subdivisions allocation an amount equal to one hundred ten percent of the amount charged. The state agency must be reimbursed the actual amount paid and the balance must be credited to the general fund of the State from the portion of the allocation deducted."

N. (72.64) Section 8-11-15 of the 1976 Code, as added by Act 178 of 1993, is amended to read:

"Section 8-11-15. (A) The minimum full-time workweek for employees of state agencies and institutions is thirty-seven and one-half hours. The agency or institution may vary an employee's work schedule through the use of alternative scheduling strategies to meet the needs and service delivery requirements of the agency or institution.

(B) State agencies may use alternate work locations, including telecommuting, that result in greater efficiency and cost savings."

O. (72.76) Section 11-9-85 of the 1976 Code, as added by Act 501 of 1992, is amended to read:

"Section 11-9-85. For accounting purposes, the Comptroller General shall calculate revenues of the following taxes and fees on an accrual basis:

(1) stamp and business license;

(2) alcoholic liquor;

(3) beer and wine;

(4) soft drink;

(5) electric power;

(6) gasoline and motor fuel;

(7) admissions, including bingo admissions;

(8) sales, use, and casual excise; and

(9) recording a deed."

P. (72.79) Section 4-9-150 of the 1976 Code, as last amended by Act 365 of 1988, is further amended to read:

"Section 4-9-150. The council shall provide for an independent annual audit of all financial records and transactions of the county and any agency funded in whole by county funds and may provide for more frequent audits as it considers necessary. Special audits may be provided for any agency receiving county funds as the county governing body considers necessary. The audits must be made by a certified public accountant or public accountant or firm of these accountants who have no personal interest, direct or indirect, in the fiscal affairs of the county government or any of its officers. The council may, without requiring competitive bids, designate the accountant or firm annually or for a period not exceeding one year. The designation for any particular fiscal year must be made no later than thirty days after the beginning of the fiscal year. The report of the audit must be made available for public inspection. A copy of the report of the audit must be submitted to the Comptroller General no later than January first each year following the close of the books of the previous fiscal year.

If the report is not timely filed, or within the time extended for filing the report, funds distributed by the Comptroller General to the county in the current fiscal year must be withheld pending receipt of a copy of the report."

Q. (72.83) Chapter 11, Title 8 of the 1976 Code is amended by adding:

"Section 8-11-75. An employee participating in any plan under the Deferred Compensation Program may repay a plan loan made by the employee through payroll deductions from the employee's compensation. At the request of a state employee the Comptroller General may by payroll deduction collect and pay over to the appropriate entity the amount designated by the employee to repay a deferred compensation plan loan."

A. Chapter 1, Title 25 of the 1976 Code is amended by adding:

"Section 25-1-1440. The Adjutant General's Office shall expend from appropriated money each year any necessary and reasonable expenses associated with the maintenance and care of the Adjutant General's caisson. The Adjutant General may make its caisson available for the funeral of dignitaries and military-oriented activities and events. The Adjutant General may accept donations for the expenses associated with maintenance and care of the caisson. Excess money from donations may be carried forward each fiscal year by the Adjutant General to be used strictly for future costs associated with the maintenance and care of the caisson."

Identification purposes

SECTION 2. The numbers in parenthesis following the individually lettered subdivisions in each Part of Section 1 of this act are for purpose of identification only.

Education lottery appropriations and uses

SECTION 3. A. The 1976 Code is amended by adding:

"Section 59-150-355. There is appropriated from the Education Lottery Account for the following education purposes and programs and funds for these programs and purposes shall be transferred by the Budget and Control Board as directed below. These appropriations must be used to supplement and not supplant existing funds for education. Distributions from the Education Lottery Account must be made on a quarterly basis by the last day of January, April, July, and October of each year, beginning in July 2002 if the account has accrued more than $35,000,000 in net proceeds by that date. The Budget and Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the appropriations of the Education Lottery Account as provided in this section. Fiscal year 2002-2003 certified net lottery proceeds and investment earnings of $172,000,000 are appropriated as follows: Department of Education--K-5 Reading, Math, Science & Social Studies Program as provided in Section 59-1-525, $32,915,900; School Buses, $ 8,000,000; State Library, Aid to County Libraries as provided in Section 59-150-350(D), $1,500,000; Commission on Higher Education--Endowed Chairs as provided in Chapter 75 of Title 2, $30,000,000; Commission on Higher Education--LIFE Scholarships as provided in Chapter 149 of Title 59, $40,000,000; Palmetto Fellows Scholarships as provided in Section 59-104-20, $5,000,000; National Guard Tuition Repayment Program as provided in Section 59-111-75, $1,500,000; Technology: Public 4-Year Universities, 2-Year Institutions, and State Technical Schools, $11,103,683; Tuition Assistance - Technical Schools and 2-year institutions as provided in Section 59-150-360, $34,000,000; HOPE Scholarships as provided in Section 59-150-370, $5,787,600; Administration of Scholarships, Technical Grants, and Endowed Chair programs, $192,817; South Carolina State University - Research and Technology Grant, $2,000,000; Of the funds appropriated for technology, one-half must be used for University Technology Grant Program funds to be awarded to public four-year universities, excluding the University of South Carolina-Columbia, Clemson, and the Medical University of South Carolina. Grants must be awarded to institutions with grant proposals supporting the development of technology and/or technology infrastructure. The review process, to include the awarding of grants, is to be determined by the Commission on Higher Education. The remaining one-half of these funds appropriated for technology shall be Technology Grant Program funds to be used for technology upgrades across the public two-year institutions and the technical college system for the support and development of technology. One-half of one percent of the allocated amount must be used by the Commission on Higher Education to fund Palmetto Fellows Scholarships. Funds appropriated for Research and Technology Grant - South Carolina State University must be used to support basic and applied research in information and technology outreach opportunities for South Carolina's rural and urban citizens. The Commission on Higher Education is authorized to temporarily transfer funds between appropriated line items and between recurring and nonrecurring funds in order to ensure the timely receipt of scholarships and tuition assistance. The amounts appropriated for school buses must be used for the purchase of new school buses and the repair of existing school buses. Fiscal year 2001-2002 certified net lottery proceeds and investment earnings of $80,000,000 are appropriated as follows: Department of Education--Education Accountability Act, $23,903,683; School Buses, $15,000,000; Educational Television Commission--ETV Digitalization as provided in Section 59-150-350(D), $18,500,000; Tuition Grants Commission--Tuition Grants, $3,000,000; Commission on Higher Education $2,000,000; Technology: Public 4-Year Universities, 2-Year Institutions, and State Technical Schools, $10,596,317; Historically Black College and University Maintenance and Repair, $3,000,000; South Carolina State University - Research and Technology Grant, $1,000,000; Needs-Based Grants, $3,000,000. The funds appropriated to the Department of Education for the Education Accountability Act shall be used to provide homework centers ($1,548,440); retraining grants ($4,637,000); external review teams ($1,466,872); teacher specialists ($12,581,069); principal specialists ($2,270,302); school-based pilot programs ($400,000); and Palmetto Gold and Silver Awards Program ($1,000,000). Funds appropriated for teacher and principal specialists must be used first to fully fund these programs. Any funds remaining are to be used for the other five programs listed above. School-based Pilot Programs must include the deregulation of any school district with an overall absolute or improved designation of average or better when requested by the district. The amounts appropriated for school buses must be used for the purchase of new school buses including six appropriately equipped school buses for the School for the Deaf and the Blind, and the repair of existing school buses. Of the allocation for the purchase of new school buses, two new nineteen-passenger activity buses must be purchased for John de la Howe. Of the funds appropriated for technology, one-half must be used for University Technology Grant Program funds to be awarded to public four-year universities, excluding the University of South Carolina-Columbia, Clemson, and the Medical University of South Carolina. Grants must be awarded to institutions with grant proposals supporting the development of technology and/or technology infrastructure. The review process, to include the awarding of grants, is to be determined by the Commission on Higher Education. The remaining one-half of these funds appropriated for technology shall be Technology Grant Program funds to be used for technology upgrades across the public two-year institutions and the technical college system for the support and development of technology. One-half of one percent of the allocated amount must be used by the Commission on Higher Education to fund Palmetto Fellows Scholarships. The amounts appropriated for South Carolina's private historically black colleges and universities, as defined in 20 U.S. Code Section 1061, as amended, shall be appropriated in an equal amount to each institution to be used by the institutions for construction and renovation projects. Funds appropriated for Research and Technology Grant - South Carolina State University must be used to support basic and applied research in information and technology outreach opportunities for South Carolina's rural and urban citizens. Fiscal year 2002-2003 net lottery proceeds and investment earnings in excess of the certified net lottery proceeds and investment earnings for this period are appropriated and shall be used to ensure that all LIFE, Palmetto Fellows, and HOPE Scholarships created or supplemented by the General Assembly for fiscal year 2002-2003 in this section are fully funded. Fiscal year 2001-2002 net lottery proceeds and investment earnings in excess of certified net lottery proceeds and investment earnings for this period are appropriated and shall be carried forward and used to ensure that all LIFE, Palmetto Fellows, and HOPE Scholarships created or supplemented by the General Assembly for fiscal year 2002-2003 in this section are fully funded. For fiscal Year 2001-2002 and 2002-2003 the first $1,000,000 of unclaimed prize money is appropriated to the Budget and Control Board to contract for services assisting in the prevention and treatment of gambling disorders as specified in Section 59-150-230(I). Any revenue in excess of the $1,000,000 must be appropriated to the State Department of Education for the purchase and repair of school buses. If the lottery revenue received for fiscal year 2001-2002 or fiscal year 2002-2003 is less than the amounts appropriated, the projects and programs receiving appropriations for any such year shall have their appropriations reduced on a pro rata basis, except that a reduction must not be applied to the funding of LIFE, Palmetto Fellows, and HOPE Scholarships."

B. 1. Section 59-149-10(E) of the 1976 Code, as added by Act 59 of 2001, is amended to read:

"(E)(1) Beginning with school year 2002-2003, the annual amount of a LIFE Scholarship for eligible resident students attending a four-year public or independent institution as defined in this chapter is increased to the cost of tuition for thirty credit hours a year or its equivalent plus a three hundred dollar a year book allowance. Tuition for this purpose means the amount charged for registering for credit hours of instruction and shall not include other fees, charges, or costs of textbooks, except for the referenced three hundred dollar book allowance, and may not exceed four thousand seven hundred dollars for each student for each year, plus the book allowance.

(2) In addition, and notwithstanding the provisions of subsection (D) above, beginning with school year 2002-2003, eligible resident students attending two-year independent institutions may not receive an annual LIFE scholarship of more than the maximum cost of tuition at two-year regional public institutions for thirty credit hours a year or its equivalent. An eligible student attending a two-year public or independent institution or technical college shall receive the three hundred dollar book allowance in addition to his cost of tuition."

2. Section 59-149-50(A) of the 1976 Code, as added by Act 418 of 1998, is amended to read:

"(A) To be eligible for a LIFE Scholarship, a student must be either a member of a class graduating from a high school located in this State, a home school student who has successfully completed a high school home school program in this State in the manner required by law, or a student graduating from a preparatory high school outside this State, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent, and these students must also meet the requirements of subsection (B). In addition, beginning with the 1998-99 school year for those students who graduate from high school on or after May 1998 the student must have graduated from high school with a minimum of a 3.0 cumulative grade average on a 4.0 scale and have scored 1000 or better on the Scholastic Aptitude Test (SAT) or have the equivalent ACT score, 1050 or better, beginning with school year 2000-2001, and 1100 or better, beginning with school year 2002-2003; provided that, if the student is to attend such a public or independent two-year college or university in this State, including a technical college, the SAT requirement does not apply. If a student chooses to attend such a public or independent institution of this State and does not make the required SAT score or the required high school grade point average, as applicable, the student may earn a LIFE Scholarship after his freshman year if he meets the grade point average and semester credit hour requirements of subsection (B)."

3. Section 59-149-60 of the 1976 Code, as added by Act 418 of 1998, is amended to read:

"Section 59-149-60. The student may receive a LIFE Scholarship for not more than ten semesters for a five-year degree program, eight semesters for a four-year degree program, or four semesters for a two-year degree program."

C. Title 2 of the 1976 Code is amended by adding:

Section 2-75-05. (A) This chapter is known and may be cited as the 'South Carolina Research Centers of Economic Excellence Act'.

(B) The General Assembly finds that:

(1) it is in the public interest to create incentives for the senior research universities of South Carolina consisting of Clemson University, the Medical University of South Carolina, and the University of South Carolina to raise capital from the private sector to fund endowments for professorships in research areas targeted to create well-paying jobs and enhanced economic opportunities for the people of South Carolina;

(2) these endowed professorships should be used to recruit and maintain leading scientists and engineers at the senior research universities of South Carolina for the purposes of developing and leveraging the research capabilities of the universities for the creation of well-paying jobs and enhanced economic opportunities in knowledge-based industries for all South Carolinians;

(3) in communities across the United States in which better paying jobs and enhanced economic development in knowledge-based industries has flourished, the local or state government has created incentives and made a long-term commitment to public and private funding for a significant number of endowments for professorships in targeted knowledge-based industries;

(4) the South Carolina Education Lottery provides a source of funding and an incentive for the senior research universities to raise, in dollar-for-dollar matching amounts, sums from private sources sufficient to create endowed professorships;

(5) these endowed professorships should be awarded to the senior research universities through a competitive application process, provided that the competitive process must encourage the senior research universities to submit cooperative applications with one another as well as in cooperation with other institutions of higher education; and

(6) these endowed professorships, funded equally from the South Carolina Education Lottery and from other private sources, provide a foundation for the creation of centers of economic excellence.

Section 2-75-10. There is created the Research Centers of Excellence Review Board. The board shall consist of nine members. Of the nine members, three must be appointed by the Governor, three must be appointed by the President Pro Tempore of the Senate, and three must be appointed by the Speaker of the House of Representatives. The terms of members are three years and members are eligible to be appointed for no more than two additional terms. Of the members initially appointed by the Governor, the President Pro Tempore, and the Speaker of the House, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years, the initial term of each member to be designated by the Governor, President Pro Tempore, and Speaker of the House when making the appointments. The Governor, the President Pro Tempore, and the Speaker of the House shall appoint persons with substantial experience in business, law, accounting, technology, manufacturing, engineering, or other professions and experience which provide an understanding of the purposes of this chapter. The board shall be responsible for providing annually to the Commission on Higher Education a schedule by which applications for funding are received and awarded on a competitive basis, the awarding of matching funds as provided in Section 2-75-60, and for oversight and operation of the fund created by Section 2-75-30. The review board must provide an annual report to the Budget and Control Board, which shall include an audit performed by an independent auditor.

Section 2-75-20. The presidents of the senior research universities shall serve as ex officio nonvoting members of the board.

Section 2-75-30. There is created the Centers of Excellence Matching Endowment. The endowment must be funded annually by appropriations from the South Carolina Education Lottery Account in an aggregate amount not to exceed $200,000,000 by 2010. The fund must be managed by the State Treasurer, subject to awards from the endowment as provided in this chapter. Interest earnings of the endowment must remain in the fund.

Section 2-75-40. The senior research universities, individually, in conjunction with one or more other senior research universities or with other South Carolina higher education institutions, may make application for awards from the endowment as provided in this chapter.

Section 2-75-50. An application for an award from the endowment shall:

(1) provide to the board documentation of private matching funds, on hand, in an amount equal to the amount for which application is made;

(2) provide to the board documentation that all matching funds have been committed and raised exclusively from sources other than South Carolina tax dollars, and that the funds have been committed and raised after January 1, 2002;

(3) be in an amount of not less than two million dollars and not more than five million dollars;

(4) document that the application has significant potential to provide for enhanced economic development for the citizens of South Carolina in a specified knowledge-based industry or field of commerce; and

(5) provide specific partnering activities with other institutions, businesses, or the community.

Section 2-75-60. Upon a determination by the board that the provisions of Section 2-75-50 have been met, the board must appoint a panel of experts chosen from outside South Carolina for their expertise in the respective research field to review the application. The members appointed to the panel shall have no affiliation with the senior research universities. The panel will convene in the State to review the proposals and to conduct site visits to ensure that appropriate research infrastructure exists at the applying university. The panel shall make a report and recommendation to the board as to the merits of the application not more than ninety days after submission to the panel. The board shall then make a determination as to whether or not to award the matching funds and the amount of the award.

Section 2-75-70. Staff and support for the operations of the board and the panels must be provided by the Commission on Higher Education. The Commission on Higher Education shall approve all necessary funds for the prudent operation of the board, including per diem, subsistence, and mileage expenses of board members as provided by law for members of state boards, committees, and commissions, and for the costs and expenses of the panel members. The expenditures authorized by this section must be provided from the fund created by Section 2-75-30 upon approval by the commission.

Section 2-75-80. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this section, the General Assembly hereby declaring that it would have passed this section, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective."

D. Section 59-150-350(D) of the 1976 Code, as added by Act 59 of 2001, is amended to read:

"(D) At the beginning of the first fiscal year after the state lottery becomes operational, the Comptroller General shall certify the amount of net proceeds including investment earnings on the net proceeds credited to and accrued in the Education Lottery Account during the preceding fiscal year. The sum of certified net proceeds and investment earnings must be designated as annual lottery proceeds. Appropriations from the Education Lottery Account must be allocated only for educational purposes and educational programs by the General Assembly in its annual general appropriations bill or any bill appropriating monies for previous or current fiscal years. Funds made available from the Education Lottery Account must be used to provide Palmetto Fellows Scholarships to all eligible applicants, to provide LIFE Scholarships for eligible resident students attending four-year public institutions in those amounts provided by law; to the South Carolina State Library for public library state aid, to be distributed to county public libraries on a per capita basis and to be used for educational technology delivery, upgrade, and maintenance; to the Commission on Higher Education for tuition assistance at state technical colleges and two-year public institutions; for the SC HOPE Scholarship Program; to the Department of Education for school-based grants for pilot programs, to include programs providing deregulation as requested by school districts with an overall absolute or improved designation of average or better, with first priority given to schools reported as average, below average, or unsatisfactory in accordance with the Education Accountability Act; to the Department of Education to fund homework centers, and these funds must be allocated to the local school districts based on a per pupil basis and may be used for salaries for certified teachers and for transportation costs, provided that priority in the distribution of funds must be given to schools designated as below average or unsatisfactory in accordance with the Education Accountability Act; to the Commission on Higher Education for higher education assistance, including need-based grants, grants to teachers for advanced education with priority to annual grants earmarked for teachers working toward their masters' degrees or advanced education in their areas of certification, or both; for the National Guard Tuition Repayment Program; and funding for elementary and secondary public education as determined pursuant to the Education Accountability Act of 1998 and education improvement legislation enacted into law after the effective date of this chapter; new programs enacted by the General Assembly for public institutions of higher learning, including public four-year colleges and universities and their branches and two-year colleges, as defined in Section 59-103-5, and state technical colleges, which programs may include the creation of endowed chairs at the state's universities, with an emphasis in the areas of, but not limited to, engineering, computer science, and the sciences; to the State Department of Education for the purchase or repair of school buses; to the South Carolina Educational Television Commission for digitalization; to the Commission on Higher Education to administer a construction and renovation fund for the historically black colleges and universities, and to the Higher Education Tuition Grants Commission to administer tuition grants. The proportion of total recurring general fund and special fund revenues of the State expended for the total of public elementary, secondary, and higher education allocations in any fiscal year must not be less than the proportions in the fiscal year immediately before the fiscal year in which education revenues are first received from a state lottery, and must not be reduced or supplanted later by revenues received from a state lottery."

E. Section 59-150-360 of the 1976 Code, as added by Act 59 of 2001, is amended to read:

"Section 59-150-360. (A) A person who qualifies for in-state tuition rates pursuant to Chapter 112, Title 59 may receive tuition assistance to attend a technical college of this State or a public two-year institution of higher learning. A person who qualifies for in-state tuition rates pursuant to this title may attend an independent two-year institution of higher learning and receive lottery tuition assistance each year limited to the highest amount of tuition assistance received by students at public two-year institutions. In order to qualify as a first time entering freshman and before attempting twenty-four academic credit hours, a student must:

(1) be a South Carolina resident for a minimum of one year;

(2) be enrolled and maintain six credit hours each semester in a certificate, degree, or diploma program;

(3) make reasonable progress toward completion of the requirements for the certificate, degree, or diploma program;

(4) complete a Free Application for Federal Student Aid (FAFSA) application; and

(5) not be the recipient of a LIFE Scholarship.

Regulations for implementation of this section are the responsibility of the South Carolina State Board for Technical and Comprehensive Education, for the technical college system, and the Commission on Higher Education, for the two-year public and private institutions. These regulations must be developed in a coordinated effort, provide for the allocation of funds based on the tuition assistance granted at each institution, and be interchangeable between each of the institutions affected.

(B) For purposes of this chapter, a 'public or independent institution' which a student may attend to receive a scholarship as provided in this chapter includes South Carolina two-year public institutions, as defined in Section 59-103-5, including branch campuses and two-year independent institutions, as defined in Section 59-113-50.

(C) Institutions whose sole purpose is religious or theological training, or the granting of professional degrees, do not meet the definition of 'public or independent institution' for purposes of this chapter.

(D) 'Tuition Assistance' for purposes of this section means, to the extent funds are appropriated, the amount charged for registering for credit hours of instruction and academic fees, less all federal grants and need-based grants, and does not include other fees, charges, or costs of textbooks.

(E) Each county must maintain its level of funding for technical colleges. If any county fails to maintain this level of funding for its technical college, the college may add, for students who reside in that county, an impact fee sufficient to offset the reduction in county funds.

(F) In order for a student to be eligible after attempting twenty-four academic credit hours the student must have earned a grade point average of 2.0 or better on a 4.0 grading scale.

(G) Students shall not be eligible to receive tuition assistance for more than one certificate, diploma, or degree within any five-year period unless the additional certificate, diploma, or degree constitutes progress in the same field of study."

F. Section 59-150-370 of the 1976 Code, as added by Act 59 of 2001, is amended to read:

"Section 59-150-370. (A) SC HOPE Scholarships are hereby established and are provided by the State. These scholarships are authorized in an amount of up to two thousand five hundred dollars, plus a one hundred fifty dollar book allowance to cover the cost of attendance, as defined by the Commission on Higher Education by regulation, during the first year of attendance only, to an eligible student attending a four-year public or independent institution as defined in subsection (B) who does not also qualify for a LIFE Scholarship or a Palmetto Fellows Scholarship.

(B) For purposes of this chapter, a 'public or independent institution' that a student may attend to receive a SC HOPE Scholarship includes the following:

(1) a South Carolina four-year public institution as defined in Section 59-103-5 and a four-year independent institution as defined in Section 59-113-50;

(2) a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which is accredited by the Southern Association of Colleges and Secondary Schools; or an independent bachelor's level institution which is accredited by the New England Association of Colleges and Schools. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of 'public or independent institution' for purposes of this chapter.

(C) A student is eligible to receive a SC HOPE Scholarship if he meets the criteria for receiving and maintaining the Legislative Incentives for Future Excellence (LIFE) Scholarship except that a minimum Scholastic Aptitude Test (SAT) or ACT score and requisite class rank are not required for eligibility for the SC HOPE Scholarship. These SC HOPE Scholarships must be granted and awarded as provided in this section.

(D) These SC HOPE Scholarships in combination with all other grants and scholarships must not exceed the cost of attendance at the particular institutions referenced in subsection (B).

(E) The Commission on Higher Education must promulgate regulations and establish procedures to administer the provisions of this section.

(F) All institutions participating in the SC HOPE Scholarship Program must report their enrollment and other relevant data as solicited by the Commission on Higher Education which may audit these institutions to ensure compliance with this provision."

G. Section 59-104-20 of the 1976 Code, as last amended by Act 289 of 2000, is further amended to read:

"Section 59-104-20. (A) The Palmetto Fellows Scholarship Program is established to foster scholarship among the state's post-secondary students and retain outstanding South Carolina high school graduates in the State through awards based on scholarship and achievement. Measures must be taken to ensure equitable minority participation in this program. Recipients of these scholarships are designated Palmetto Fellows. Each Palmetto Fellow shall receive a scholarship in an amount not to exceed six thousand seven hundred dollars. These scholarships in combination with all other grants and scholarships shall not exceed the cost of attendance at the institution attended. The commission shall promulgate regulations and establish procedures to administer the program and request annual state appropriations for the program.

(B) Students, either new or continuing, must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a Palmetto Fellows Scholarship, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such scholarships after the expiration of one academic year from the date of the adjudication, conviction, or plea.

(C) Of the funds made available for higher education Palmetto Fellows Scholarships for any year, a percentage thereof must be allocated for students attending South Carolina independent colleges of higher learning in this State. This percentage must be equivalent to the percentage of the independent colleges' share of the total South Carolina resident undergraduate full-time enrollment (FTE) of all public and independent higher education institutions in South Carolina based on the previous year's data as determined by the Commission on Higher Education and the South Carolina Tuition Grants Commission.

(D) After expending funds appropriated for Palmetto Fellows Scholarships from all other sources, there is automatically appropriated from the general fund of the State whatever amount is necessary to provide Palmetto Fellows Scholarships to all persons meeting the requirements of this section."

H. The 1976 Code is amended by adding:

"Section 59-150-75. Notwithstanding any other provision of law, the South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined in Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission."

I. The 1976 Code is amended by adding:

"Section 59-1-525. The State Department of Education shall implement a schoolwide grant program to enhance the teaching of the grade specific standards adopted by the State Board of Education and to increase the academic performance of students in grades K-5 in the core academic areas of reading, mathematics, social studies, and science. The grant shall include an evaluation component to measure the success of increasing student performance and the teaching of the standards. Of the reading, mathematics, social studies, and science appropriation for this purpose from lottery proceeds each year, $500,000 must be used for teacher in-service training and professional development related to Project Read.

The awarding of grants shall be based upon their ability to promote the goals of providing every student with the competencies to:

(1) read, view, and listen to complex information in the English language;

(2) write and speak effectively in the English language;

(3) solve problems by applying mathematics;

(4) conduct research and communicate findings;

(5) understand and apply scientific concepts;

(6) obtain a working knowledge of world, United States, and South Carolina history, government, economics, and geography; and

(7) use information to make decisions.

Additionally, grants shall be awarded based upon the likelihood that receiving such grants shall strengthen the above referenced skills and increase the academic performance of students in the core academic areas. In the awarding of grants every effort should be made to ensure that all geographic areas of the State are represented. First priority shall be given to acceptable grants from schools rated as below average or unsatisfactory and grants designed to increase academic performance of historically underachieving students.

Grant applications received by the State Department of Education shall be reviewed by a panel of individuals with knowledge and expertise of the subject area and of programs that have proven to be successful within the State or throughout the nation."

Use of extended care maintenance funds

SECTION 4. Twenty-eight million five hundred thousand dollars earlier transferred from the Extended Care Maintenance Fund to colleges and universities, which money is currently in a secure revenue account, is hereby appropriated to be used by the Comptroller General to the benefit of the general fund in fiscal year 2001-2002. This section takes effect on or before June 30, 2002.

Severability

SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding does not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Borrowing of surpluses authorized

SECTION 6. Notwithstanding any other provision of law, upon a determination by the Comptroller General that, at the close of a fiscal year, funds will be needed to balance the Budgetary General Fund after the use of the General Reserve Fund as provided in Section 11-11-310(B) of the 1976 Code, the Budget and Control Board is authorized to borrow the amount needed to balance the Budgetary General Fund by borrowing from any department of state government any surplus which may be on hand in the office of the State Treasurer to the credit of any such department. Upon approval by the board of a repayment schedule, the State Treasurer is authorized to transfer to the board from the general fund the amount necessary to repay the loan with interest no later than June 30 of the following fiscal year. This provision takes effect upon signature of the Governor.

*Continuum of Care transferred

SECTION 7. For fiscal year 2002-2003 only, the Continuum of Care is transferred from the Governor's Office - Office of Executive Policy and Programs to the Department of Social Services to maintain program services in fiscal year 2002-2003 at a service level no less than the level of such services provided in 2001-2002. During fiscal year 2002-2003, the Department of Social Services may not eliminate a position held by an employee of the Continuum of Care at the time of the transfer, nor terminate an employee unless in accordance with agency discipline or performance policies. Notwithstanding the date of ratification of this act and the general appropriations act for fiscal year 2002-2003, with respect to requirements of this section, this section is deemed the later enactment.

Implementation of Student Information System; adult education reduction redistribution; latest enactment

SECTION 8. (A) For Fiscal Year 2002-2003 only, the South Carolina Department of Education is directed to fully implement the Student Information System (SASI) to support the annual school and district report card and implementation of the statewide assessment program to include the Palmetto Achievement Challenge Test (PACT) in English/language arts, science, mathematics, social studies, and the revised exit exam and the end of course assessments for high school credit courses. The department is directed to use the following funds for fiscal year 2002-2003 in the order listed to fulfill this directive. Each authorized source of funding shall be fully exhausted prior to utilization of the next source. First, exhaust federal funds allocated to South Carolina for state assessments and enhanced assessment instruments to help states create standards for what a child should know and learn and any available funds from the general fund appropriation for assessment. Second, from funds that the department is unable to utilize due to inability to recruit sufficient teachers for fiscal year 2002-2003, the department is authorized to reduce general fund appropriations in the Department of Education XV. Special Items, Principals and Teachers on Site by up to $2,000,000. Third, the department is directed to reduce or eliminate $1,000,000 from Education Improvement Act and General Funds Other Operating Expenses allocated for dues, travel, and vendor meals. If funds are still required for the stated purpose after each of the above actions are taken, the department is directed to reduce personal service from Education Improvement Act and General Funds by $1,000,000 and related fringe by $250,000. In utilizing the funding sources above, the department must ensure there is no impact to the appropriations to any school district.

(B) For fiscal year 2002-2003 only, the South Carolina Department of Education is directed to redistribute $1,000,000 of the General Fund Adult Education reduction either to a line or lines within the general fund which will have the least impact to direct instructional support to the classroom or a line or lines with available appropriation in excess of allocations.

(C) Notwithstanding the provisions of paragraph 1.76, Part IB of the General Appropriations Act of 2002-2003, the date or order of ratification of the General Appropriations Act of 2002-2003, and this act, the provisions of this section related to the use of Education Accountability Act funds are deemed to be the latest enactment.

Transition services

SECTION 9. The Budget and Control Board shall provide transition services to constitutional officers who are elected during fiscal year 2002-2003. These transition services may include, but are not limited to, office space, communication services, and administrative support until the constitutional officer assumes office. These services shall not be available to incumbent constitutional officers reelected during fiscal year 2002-2003. All support provided shall be at the discretion of the executive director of the Budget and Control Board.

Unused leave payments not authorized

SECTION 10. Section 8-11-620 of the 1976 Code is amended to read:

"Section 8-11-620. (A) Upon termination from state employment, an employee may take both annual leave and a lump-sum payment for unused leave, but in no event shall such combination exceed forty-five days in a calendar year except as provided for in Section 8-11-610. If an employee dies, his legal representative shall be entitled to a lump-sum payment for his unused leave, not to exceed forty-five working days, except as provided for in Section 8-11-610. Upon retirement from state employment or upon the death of an employee, a

lump-sum payment will be made for unused leave, not to exceed forty-five days, unless a higher maximum is approved under the provisions of Section 8-11-610, and without regard to the earned leave taken during the calendar year in which the employee retires.

(B) A retired member of the South Carolina Police Officers Retirement System who is hired by the State, a state agency, institution of higher learning, board, commission, or school that is a governmental unit of this State is not eligible for a lump-sum payment for unused leave provided pursuant to subsection (A) of this section."

Exemption from grievance procedures

SECTION 11. Section 8-17-370 of the 1976 Code, as last amended by an act of 2002 bearing ratification number 181, is further amended by adding an appropriately numbered subsection at the end:

"( ) a retired member of the South Carolina Police Officers Retirement System who is hired by an agency to fill all or some fraction of a full-time equivalent (FTE) position covered by the State Employee Grievance Procedure Act."

Earnings limitation removed under certain conditions

SECTION 12. Section 9-11-90(4)(a) of the 1976 Code, as last amended by Act 25 of 2001, is further amended to read:

"(a) Notwithstanding the provisions of subsections (1) and (2) of this section, a retired member of the system who has been retired for at least fifteen consecutive calendar days may be hired and return to employment covered by this system or any system provided in this title without affecting the monthly retirement allowance he is receiving from this system. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-11-90(3) apply. If a retired member of the system returns to employment covered by the South Carolina Police Officers Retirement System or any other system provided in this title sooner than fifteen consecutive calendar days after retirement, the member's retirement allowance is suspended while the member remains employed by a participating employer of any of these systems. If an employer fails to notify the system of the engagement of a retired member to perform services, the employer shall reimburse the system for all benefits wrongly paid to the retired member."

First Steps appropriation

SECTION 13. For fiscal year 2002-2003 only, from nonrecurring revenue identified in the General Appropriations Act for 2002-2003, seven million dollars must be appropriated to South Carolina First Steps to School Readiness.

Transfer to Barnwell Economic Development Fund

SECTION 14. After all transfers are made from subfund 4693, Atomic Waste Barnwell Fund - Chem Nuclear, pursuant to the 2002-2003 General Appropriations Act, the Treasurer shall transfer $596,616 from this fund to subfund 43A8, Barnwell Economic Development Fund.

Property transfer; continuation of benefits, revenues, and funding

SECTION 15. Notwithstanding any other provision of law the Charleston Naval Complex Redevelopment Authority (RDA), upon receiving ownership from the United States of America, shall convey certain parcels of real property to the City of North Charleston as per the mutual agreement described hereafter. These parcels shall be delineated through a mutual agreement between the City of North Charleston and the South Carolina State Ports Authority that takes into account the respective needs of each entity in the property south of Necessary Street. All conveyances shall be at no consideration once the City of North Charleston and the South Carolina State Ports Authority have entered into a memorandum of understanding and agreement for the operation of breakbulk, roll on roll off, and container terminals and dock operations on appropriate properties that are subject to the oversight or control of the Charleston Naval Complex Redevelopment Authority. The City of North Charleston shall honor all existing leases as negotiated by the Charleston Naval Complex Redevelopment Authority prior to the effective date of this section. Furthermore, all properties conveyed shall retain any Tax Increment Finance District status, any state or federal grants applied to the area, and any state revenues currently directed to the Charleston Redevelopment Authority on a per acre basis for the relative properties conveyed to the City of North Charleston. In addition, any revenues received from the State under the Rural Development Act relating to the number of federal employees at the naval complex shall be shared pursuant to the location of the jobs on the complex.

Indemnification requirement revised

SECTION 16. Section 2.(C) of an Act of 2002 bearing ratification number 317 is amended to read:

"(C) The State shall take appropriate steps to provide indemnification to the State Ports Authority board members from any personal liability related to their service on the board in regard to funding provided to the South Carolina Transportation Infrastructure Bank for the Cooper River Bridge."

Time effective

SECTION 17. This act takes effect July 1, 2002.

Ratified the 28th day of May, 2002.

Text printed in italic, boldface mark sections vetoed by the Governor June 3, 2002.

*Indicates veto sustained by the General Assembly on June 5, 2002.

**Indicates the veto overridden by the General Assembly on June 5, 2002.

Unless otherwise stated, provisions not vetoed by the Governor took effect July 1, 2002.

This web page was last updated on Tuesday, December 8, 2009 at 11:37 A.M.