South Carolina General Assembly
114th Session, 2001-2002

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Bill 4879


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RECALLED

April 23, 2002

    H. 4879

Introduced by Ways and Means Committee

S. Printed 4/23/02--S.

Read the first time March 20, 2002.

            

A BILL

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 59-103-55 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; 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 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; 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; BY ADDING SECTION 2-3-77 SO AS TO PROVIDE FOR THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES; 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 8-11-165, AS AMENDED, RELATING TO AGENCY HEAD SALARY ADJUSTMENTS, SO AS TO PROVIDE FOR A SALARY STUDY EVERY FOUR YEARS, INSTEAD OF THREE, WITH THE COST SHARED BY PARTICIPATING AGENCIES; TO PROVIDE THAT AN ADJUSTMENT EXCEEDING THE ESTABLISHED RANGE MUST HAVE THE PRIOR RECOMMENDATION OF THE AGENCY HEAD SALARY COMMISSION BEFORE BEING OFFERED TO FILL AN AGENCY HEAD VACANCY OR INCREASE THE SALARY OF AN INCUMBENT AGENCY HEAD; TO PROVIDE THAT INCREASES MUST BE FUNDED FROM AGENCY RESOURCES; TO PROVIDE THAT A VACANCY IN THE POSITION OF PRESIDENT OF A TECHNICAL COLLEGE IS SUBJECT TO THESE PROVISIONS; TO GIVE THE BUDGET AND CONTROL BOARD FINAL APPROVAL AUTHORITY FOR INCREASES IN AGENCY HEAD SALARIES; AND TO MAKE ALL INCREASES EFFECTIVE ON OR AFTER JANUARY FIRST OF THE CURRENT FISCAL YEAR; BY ADDING SECTION 8-11-310 SO AS TO PROVIDE THAT CHAPTER 11 OF TITLE 8 ESTABLISHES THE CRITERIA FOR COMPENSATION INCREASES FOR STATEWIDE ELECTED OFFICIALS, TEMPORARY EMPLOYEES, AND AGENCY HEADS, UNLESS OTHERWISE PROVIDED BY LAW; 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; BY ADDING SECTION 8-11-172 SO AS TO PROVIDE THAT APPROPRIATED FUNDS MAY BE USED FOR COMPENSATION INCREASES FOR CLASSIFIED AND UNCLASSIFIED EMPLOYEES AND AGENCY HEADS ONLY IN THE SAME RATIO THAT THE EMPLOYEE'S BASE SALARY IS PAID FROM APPROPRIATED SOURCES; 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 8-11-167 SO AS TO PROVIDE THAT HIGHER EDUCATION TECHNICAL COLLEGES, COLLEGES, AND UNIVERSITIES ARE EXEMPT FROM THE REQUIREMENT THAT SALARIES OF EMPLOYEES MUST NOT EXCEED NINETY-FIVE PERCENT OF THE MIDPOINT OF THE AGENCY HEAD SALARY RANGE OR THE AGENCY HEAD ACTUAL SALARY; AND TO REPEAL ARTICLE 11, CHAPTER 11 OF TITLE 8 RELATING TO THE STATE EMPLOYEE PAY PLAN; 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; 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.

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

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

Part I

State Department of Education

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."

Part II

Commission on Higher Education

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. Students A student who successfully completing 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 colleges 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. above, 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)    Full-time Except as provided in this section, full-time faculty and administrative employees of State Institutions, and the their spouses and children of such persons, shall be 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."

Part III

Department of Archives and History

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."

Part IV

Department of Probation, Parole and Pardon Services

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 have the responsibility for collecting and distributing 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 of Probation, Parole, and Pardon Services shall assess a collection fee of twenty percent of each restitution program and deposit this collection fee into a separate account. The monies in this account must not be used until specifically authorized by law. The department shall maintain individual restitution accounts which 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 shall receive 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 of Probation, Parole, and Pardon Services 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.

    (C)    The Department of Probation, Parole, and Pardon Services must maintain a minimum of twelve restitution center beds, or may contract at other appropriate residential facilities, for every two thousand five hundred offenders supervised by the department."

Part V

Department of Parks, Recreation and Tourism

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 make impose a reasonable charge fee for admission to park and recreational facilities, which funds will 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 of Parks, Recreation and Tourism 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; provided, however, that any but such a sale, lease, or exchange shall must not be contrary to the terms of any contract which it 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."

Part VI

Legislative Department

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 each clerk of court in the State, 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. Copies One copy of each printed statewide acts act of the General Assembly must be supplied to the each county clerks clerk of court and each county boards of commissioners 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)    The 1976 Code is amended by adding:

    "Section 2-3-77.    The office of Legislative Information Systems (LIS) is merged with Legislative Printing and Information Technology Resource (LPITR) as soon as practical before June 1, 2002. All personnel, equipment, supplies, appropriation, carry-forward funds, and all other assets and resources of LIS are transferred to LPITR with the exception of one FTE (position and salary) which must be transferred to the House of Representatives. The merged entities must be known as Legislative Printing, Information and Technology Systems (LPITS). The Director of Legislative Printing, Information and Technology Systems must be appointed with the concurrence of the Clerk of the Senate and the Clerk of the House. LPITS shall operate under the supervision and administrative direction of both the Clerk of the House and the Clerk of the Senate. LPITS shall perform the functions of the former LIS and LPITR."

    (2)    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, and Information and Technology Resources Systems, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts."

    (3)    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, and Information and Technology Resources Systems (LPITR) (LPITS) shall be 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 such funds as may be authorized by the General Assembly. The Office of Legislative Printing, and Information and Technology Resources Systems shall have has the following authority and duties:

    (1)    The Office of Legislative Printing, and Information and Technology Resources Systems shall provide printing and technical services to the House of Representatives, the Senate, the Legislative Council, and the Code Commissioner. The Director of LPITR LPITS shall, with the approval of the Clerks, contract for all legislative printing requirements not otherwise provided for by law. LPITR 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 LPITR LPITS printing contract may be sold to other state agencies and private persons. All funds received for such this service shall 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 LPITR LPITS in the production and distribution of materials in accordance with this section may be first deducted and retained by the Office of LPITR LPITS. Payment for such these expenses may be made on order of the Director of Legislative Printing, and Information and Technology Resources Systems and approval of the Clerks of the House and Senate.

    (3)    Legislative Printing, and Information and Technology Resources Systems may sell by means of electronic transmission or by such other means as it deems considers appropriate any legislative document or report which may be obtained under the provisions of Chapter 4 of Title 30 of the 1976 Code as amended. Such This sale shall be 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."

    (4)    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, and Information and Technology Resources Systems (LPITR) (LPITS), the statutes and joint resolutions passed at the preceding session;"

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

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

    (6)    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 such the page proofs corrected from the Code Commissioner, the Office of Legislative Printing, and Information and Technology Resources Systems (LPITR) (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 such 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 the 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."

    (7)    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 such this service shall 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 by the Code Commissioner and the Office of Legislative Printing, and Information and Technology Resources Systems (LPITR) (LPITS) for additional supplies, postage, and clerical help may be first deducted. Payment of such these additional expenses may be made on order of the Chairman of the Legislative Council and the Clerks of the House and Senate."

    (8)    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, and Information and Technology Resources Systems all acts and joint resolutions passed, and which have been approved by the Governor, not theretofore furnished. The Code Commissioner shall deliver to the Director of the Office of Legislative Printing, and Information and Technology Resources 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 State Librarian shall receive at least five hundred copies of the entire number of such acts and joint resolutions contracted for. The style and makeup of the acts and joint resolutions shall must be in such form as the Code Commissioner and Clerks of the Senate and the House may agree upon."

    (9)    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, and Information and Technology Resources 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."

    (10)    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, and Information and Technology Resources 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."

Part VII

Secretary of State's Office

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."

Part VIII

Comptroller General

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."

Part IX

State Budget and Control Board

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.    (63.20)    Section 8-11-165 of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:

    "Section 8-11-165.    (A)    It is the intent of the General Assembly that A salary and fringe benefit survey study for agency heads must be conducted contracted for by the Office of Human Resources of the Budget and Control Board every three four years. The cost of the study must be shared by the participating agencies. The staff of the office shall serve as the support staff to the Agency Head Salary Commission.

    No employee of agencies reviewed by the Agency Head Salary Commission may receive a salary in excess of ninety-five percent of the midpoint of the agency head salary range or the agency head actual salary, whichever is greater, except on approval of the Budget and Control Board.

    No president of a Technical College may receive a salary in excess of ninety-five percent of the midpoint of the agency head salary range or the agency head actual salary, whichever is greater, except on approval of the Agency Head Salary Commission and the Budget and Control Board.

    The Agency Head Salary Commission may recommend to the Budget and Control Board that agency head salaries be adjusted to the minimum of their salary ranges and may recommend to the Board that agency head salaries be adjusted when necessary up to the midpoints of their respective salary ranges. These increases must be based on criteria developed and approved by the Agency Head Salary Commission.

    (B)(1)    Notwithstanding another provision of law, if there is an agency head vacancy, the governing board of the agency or the Governor shall have the prior favorable recommendation of the Agency Head Salary Commission to set, discuss, or offer a salary for the agency head at a rate that exceeds the minimum of the range established by the Agency Head Salary Commission. Boards and commissions of newly created agencies may not offer a salary to a prospective agency head until a salary range has been established and the salary approved by the Agency Head Salary Commission. The funding for the salary must come from resources within the agency. The Budget and Control Board has final approval authority for agency head salaries.

        (2)    The Agency Head Salary Commission shall recommend to the Budget and Control Board salary increases for agency heads. An agency head must not be paid less than the minimum of the salary pay range nor receive an increase that has the effect of raising the salary above the maximum of the pay range. Funding must be provided for an amount equivalent to the pay increase for all classified employees. Remaining increases recommended by the Agency Head Salary Commission must be funded from the individual agency budget. All increases are effective on or after January 1 of the current fiscal year.

        (3)    If there is a Technical College President vacancy, the appointing authority must have the prior favorable recommendation of the Agency Head Salary Commission to set, discuss, or offer a salary for a Technical College President at a rate that exceeds the midpoint of the salary range. The Budget and Control Board has final approval authority for these salaries.

    (C)    All A new members member appointed to a governing board of an agency where in which the performance of the agency head is reviewed and ranked by the Agency Head Salary Commission shall attend the training in agency head performance appraisal provided by the Commission within the first year of their his appointment, unless specifically excused by the chairman of the Agency Head Salary Commission."

C.    (63.23)    The 1976 Code is amended by adding:

    "Section 8-11-310.    Statewide elected officials, constitutional officers, full-time or part-time temporary employees, and agency heads are eligible for compensation increases only as provided in this chapter unless otherwise provided by law."

D.    (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 possesses specific working knowledge and experience in economics, revenue forecasting, and the state budget process. This person shall serve as chairman. and shall receive annual compensation of ten thousand dollars;

        (2)    Designated representative of the State Department of Revenue, who shall serve ex-officio as a nonvoting member. 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 House Ways and Means Committee of the House of Representatives, who possesses specific working knowledge and experience in economics, revenue forecasting, and the state budget process. shall receive annual compensation of eight thousand dollars;

        (4)    One member appointed by the Chairman of the Senate Finance Committee who possesses specific working knowledge and experience in economics, revenue forecasting, and the state budget process The Director of the Department of Revenue, who shall serve ex officio, with no voting rights.

The Chairman of the Board of Economic Advisors shall report directly to the Budget and Control Board to establish policy governing economic trends. The staff of the Board of Economic Advisors are administratively assigned to the Office of the Executive Director of the State Budget and Control Board. The staff shall advise the Board of Economic Advisors but shall report administratively to the Executive Director of the Budget and Control Board. The Chief Economist of the Board of Economic Advisors must be appointed annually by the Executive Director of the Budget and Control Board in consultation with the Chairman of the Board of Economic Advisors.

    (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."

E.    (63.26)    The 1976 Code is amended by adding:

    "Section 8-11-172.    Appropriated funds may be used for compensation increases for classified and unclassified employees and agency heads only in the same ratio that the employee's base salary is paid from appropriated sources."

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

"Article 7

Confederate Relics

    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."

G.    (63.35)    (1)    Chapter 11, Title 8 of the 1976 Code is amended by adding:

    "Section 8-11-167.    Notwithstanding the provisions of Section 8-11-165, higher education technical colleges, colleges, and universities are exempt from the requirement that the salaries of employees shall not exceed ninety-five percent of the midpoint of the agency head salary range or the agency head actual salary, whichever is greater."

    (2)    Article 11, Chapter 11, Title 8 of the 1976 Code is repealed.

H.    (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."

I.    (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."

J.    (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."

K.    (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."

L.    (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."

M.    (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."

N.    (63.B2 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."

O.    (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."

P.    (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."

Part X

South Carolina Department of Revenue

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."

Part XI

General Provisions

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)    No 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; and

    (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 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."

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.

SECTION    3.    For the current fiscal year, described funds from the Education Lottery Account, including net proceeds from multi-state lottery games, must be appropriated as prescribed to the following education purposes and programs and 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 listed in this provision. Of the net proceeds from the Education Lottery Account: $23,903,683 must be appropriated for Education Accountability Act Initiatives including homework centers ($1,598,440); retraining grants ($4,737,000); external review teams ($1,516,872); teacher specialists ($12,781,069); principal specialists ($2,270,302); and Palmetto Gold and Silver Awards Program ($1,000,000). $30,000,000 must be used to fund endowed research chairs for the current fiscal year as follows: There is created the Research Centers of Excellence Review Board (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, education, or other professions and experience which provide an understanding of the purposes of this section. The board shall: recommend annually to the State Budget and Control Board for approval a schedule by which applications for funding are received and awarded on a competitive basis; and provide an annual report to the State Budget and Control Board, which shall include an audit performed by an independent auditor. The presidents of the senior research universities, Clemson University, the Medical University of South Carolina, and the University of South Carolina, shall serve as ex officio nonvoting members of the board. There is created the Research Centers of Excellence Matching Endowment. The endowment must be funded annually by appropriations from the South Carolina Education Lottery Account in the amounts provided by the General Assembly. The fund must be managed by the State Treasurer, subject to awards from the endowment. Interest earnings of the endowment fund must remain in the fund. The senior research universities, Clemson University, the Medical University of South Carolina, and the University of South Carolina, 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. An application for an award from the endowment shall: provide to the board documentation of matching funds in an amount equal to the amount for which application is made; 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; be in an amount of not less than two million dollars and not more than five million dollars; 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, provide specific partnering activities with other institutions, businesses, or the community. Upon a determination by the board that the application meets the required criteria, the board shall 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. Staff and support for the operations of the board and the panels must be provided by the State Budget and Control Board. The State Budget and Control Board 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. The expenditures authorized by this section must be provided from the fund created by these provisions upon approval by the State Budget and Control Board; $42,076,817 must be used to fund an increase attributable to enhanced LIFE Scholarship awards in the current fiscal year to a maximum level of $4,500 a year. Notwithstanding another provision to the contrary, in school year 2002-03, the annual amount of a LIFE Scholarship for an eligible resident student attending a public or independent four-year institution is the cost of tuition for thirty credit hours a year or its equivalent plus a $300 a year book allowance. Tuition for this purpose means the amount charged for registering for credit hours of instruction and does not include other fees, charges, or costs of textbooks and may not exceed $4,200 per student for the year, plus a $300 book allowance, for a maximum LIFE Scholarship for an eligible student in the amount of $4,500 for the year. Two-year Technical College students eligible for LIFE Scholarships shall also receive a $300 book allowance. Notwithstanding any other provision of law, eligibility in the current fiscal year does not require enrollment in an eligible institution within two years of graduating from high school. $3,500,000 must be used to provide Palmetto Fellows Scholarships to all eligible applicants in the amount of $5,500 each. $27,519,500 to the State Board of Education must be used to implement programs in kindergarten through fifth grades for reading, mathematics, social studies, and science to enhance student achievement in these areas. Of the reading, mathematics, social studies, and science programs appropriation, $500,000 must be used for teacher in-service training and professional development related to Project Read. $18,500,000 must be used for ETV Digitalization. $35,000,000 must be used for the purchase of new school buses to include six school buses, appropriately equipped, for the school for the deaf and blind, and the repair of existing school buses. Of the allocation for the purchase of new school buses, two new nineteen passenger activity buses shall be purchased for John De La Howe. $13,700,000 to the Commission on Higher Education must be used for a College Technology Investment Matching Grant Program to fund matching grants for technology infrastructure including, but not limited to, connectivity, upgrade, hardware, software, management, maintenance, installation, and training at this state's public four-year and two-year institutions of higher learning, branches of the USC, and technical schools, as defined in Sections 59-103-15(B)(2), (3), and (4), not to include the state's three senior research universities, the Medical University of South Carolina, the University of South Carolina, and Clemson University, such funds to be divided equally between the four-year and two-year institutions to which it applies in the aggregate and the state's technical and comprehensive educational system. The State Technical and Comprehensive Education System for this matching grant program is further clarified to include also the 16 individual technical colleges on an institution by institution basis. The monies must be allocated to the Commission on Higher Education for distribution in the amount of at least $100,000 to eligible institutions according to a competitive application process based on objective criteria developed by the Commission on Higher Education, which includes a certification from the applicant that the matching funds from a non-state appropriated source are in hand. Up to one percent of the allocated amount may be used by the Commission on Higher Education to fund its administration of the program. 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 at 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. An amount up to and including the first one million dollars of unclaimed prize money as described in Section 59-150-230(I) is appropriated to the South Carolina Department of Alcohol and Other Drug Abuse Services (DAODAS) or an established nonprofit public or private agency recognized as an affiliate of the National Council on Problem Gambling to receive monies for the prevention and treatment of compulsive gambling disorder and educational programs related to that disorder, including a gambling hotline, which must be used for prevention programs including, in part or in totality, mass media communications. The State Budget and Control Board may contract with any combination of agencies, including a combination that includes DAODAS, that meets the criteria for treatment of compulsive gambling disorder and educational programs related to that disorder, including a gambling hotline for these services with these funds. The director of the selected agency or agencies must report to the board on programs implemented and persons served. Remaining unclaimed prize monies are appropriated to the Department of Education for the purchase of new school buses. The legislative intent for a long-term funding commitment to the education programs initiated from lottery proceeds requires a temporary deferral in the implementation of the programs established in Section 59-150-360 and Section 59-150-370. These sections are not funded for the 2002-03 fiscal year. This provision constitutes the entire appropriation of net lottery proceeds and implementation of lottery programs for FY 2002-03. Of the additional net proceeds that may be generated by multi-state lottery games, $6,000,000 must be appropriated to the College and University Technology Grant Program and funds must be awarded to the branches of the University of South Carolina and public four-year universities, excluding the University of South Carolina-Columbia, Clemson University, and the Medical University of South Carolina. Grants must be available for award to institutions with grant proposals supporting the development of technology or technology infrastructure, or both. The review process, to include the awarding of grants, is as determined by the Commission on Higher Education; $2,000,000 to the Higher Education Tuition Grants Commission to be used for tuition grants; $1,500,000 to the South Carolina State Library to be allocated for county public library aid; $1,500,000 to the Commission on Higher Education to be used for the National Guard Tuition Repayment Program; $2,000,000 to the State Board for Technical and Comprehensive Education Technology Grant Program to be used for technology upgrades across the TEC system; and the remainder to the Department of Education to be used to enhance reading, mathematics, social studies, and science programs and student achievement in grades K-5. Appropriations made in this provision are declared to be maximum, conditional, and proportionate, the purpose being to authorize expenditures for educational purposes and programs in amounts not to exceed the amounts named in this provision, but only if the aggregate revenues available in the Education Lottery Account during the period for which the appropriations are made are sufficient to pay them in full. The State Budget and Control Board is directed to survey the progress of the collection of revenue and the expenditure of funds in the Education Lottery Account. If the State Budget and Control Board determines that a year-end aggregate deficit may occur by virtue of a projected shortfall in anticipated revenues, it shall take the necessary action to restrict the rate of expenditure for educational programs, consistent with this provision. Any institution, activity, program, item, special appropriation, or allocation for which the General Assembly has provided funding in this provision must not be discontinued, deleted, or deferred by the State Budget and Control Board. A reduction of the rate of expenditure by the State Budget and Control Board, pursuant to authority of this provision, must be applied as uniformly as is practicable, except that a reduction must not be applied to the funding of scholarships in this provision. Any unspent surplus resulting from the collection of revenues in an amount in excess of that anticipated must remain in the Education Lottery Account and must be allocated for and appropriated to educational purposes and programs only as determined by the General Assembly.

SECTION    4.    This act takes effect July 1, 2002.

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