H 3843

South Carolina General Assembly
126th Session, 2025-2026
Bill 3843
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Amended
February 20, 2025
H. 3843
Introduced
by Rep. Bannister
S. Printed 2/20/25--H.  [SEC
2/21/2025 2:25 PM]
Read the first time January 30, 2025
________
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE
"BUDGET PROVISO CODIFICATION ACT OF 2025" SO AS TO PROVIDE FOR THE CODIFICATION
IN THE S.C. CODE OF CERTAIN PROVISOS CONTAINED IN THE ANNUAL GENERAL
APPROPRIATIONS ACT, AND TO CODIFY OTHER RELATED PROVISIONS PERTAINING TO THE
ANNUAL GENERAL APPROPRIATIONS ACT, INCLUDING PROVISIONS BY ADDING SECTIONS
59-17-170, 59-1-471, 59-17-180, 59-17-190, 59-67-800, 59-67-330, 59-17-200, AND
59-1-407 all SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF
EDUCATION; BY ADDING SECTIONS 59-47-150 AND 59-6-130 both SO AS TO CODIFY
CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF EDUCATION-EIA; BY ADDING
SECTIONS 59-51-60, 59-51-70, AND 59-51-80 all SO AS TO CODIFY CERTAIN PROVISOS
RELATING TO THE WIL LOU GRAY OPPORTUNITY SCHOOL; BY ADDING SECTIONS 59-47-130,
59-47-140, AND 59-47-150 all SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE
SCHOOL FOR THE DEAF AND BLIND; BY ADDING SECTION 59-49-170 SO AS TO CODIFY A
CERTAIN PROVISO RELATING TO THE GOVERNOR'S SCHOOL FOR AGRICULTURE AT JOHN DE LA
HOWE; BY ADDING SECTIONS 59-7-70, 59-7-80, AND 59-101-220 all SO AS TO CODIFY
CERTAIN PROVISOS RELATING TO THE EDUCATIONAL TELEVISION COMMISSION; BY ADDING
SECTIONS 59-50-80, 59-50-90, 59-50-100, AND 59-1-497 all SO AS TO CODIFY
CERTAIN PROVISOS RELATING TO THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES;
BY ADDING SECTIONS 59-48-80, 59-48-90, and 59-48-100 all SO AS TO CODIFY
CERTAIN PROVISOS RELATING TO THE GOVERNOR'S SCHOOL FOR SCIENCE AND MATHEMATICS;
BY ADDING SECTION 59-123-330 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE
MEDICAL UNIVERSITY OF SOUTH CAROLINA; BY ADDING SECTIONS 59-53-110 AND
59-53-170 both SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE STATE BOARD FOR
TECHNICAL AND COMPREHENSIVE EDUCATION; BY ADDING SECTION 60-1-180 SO AS TO
CODIFY A CERTAIN PROVISO RELATING TO THE STATE LIBRARY; BY ADDING SECTIONS
60-15-100, 60-15-110, AND 60-15-120 all SO AS TO CODIFY CERTAIN PROVISOS
RELATING TO THE ARTS COMMISSION; BY ADDING SECTIONS 60-13-60, 60-13-70,
60-13-80, AND 60-13-90 all SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE
STATE MUSEUM COMMISSION; BY ADDING SECTIONS 43-31-180 AND 43-31-190 both SO AS
TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF VOCATIONAL
REHABILITATION; BY ADDING SECTIONS 44-6-116, 44-6-117, 44-6-118, 44-6-119,
44-6-120, 44-6-121, 44-6-122, AND 44-6-123 all SO AS TO CODIFY CERTAIN PROVISOS
RELATING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; BY ADDING SECTIONS
44-1-320, 44-1-330, 44-1-340, 44-1-350,  44-1-370, 48-6-90, 44-1-380, 48-6-100,
48-6-110, 44-1-400, 44-1-410, AND 44-1-420 all SO AS TO CODIFY CERTAIN PROVISOS
RELATING TO THE DEPARTMENT OF public health and the department of environmental
services; BY ADDING SECTIONS 44-9-170 AND 44-9-180 both SO AS TO CODIFY CERTAIN
PROVISOS RELATING TO THE DEPARTMENT OF MENTAL HEALTH; BY ADDING SECTIONS
44-20-40, 44-20-50, 44-20-60, 44-20-70, AND 44-20-80 all SO AS TO CODIFY
CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS;
BY ADDING SECTIONS 44-49-90 AND 44-49-100 both SO AS TO CODIFY CERTAIN PROVISOS
RELATING TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; BY ADDING
SECTIONS 43-1-270, 43-1-280, 43-1-290, 43-1-300, 43-1-310, 43-1-320, 43-1-330,
43-1-340, 43-1-350, 43-1-360, AND 43-1-370 all SO AS TO CODIFY CERTAIN PROVISOS
RELATING TO THE DEPARTMENT OF SOCIAL SERVICES; BY ADDING SECTION 43-21-210 SO
AS TO CODIFY A PROVISO RELATING TO THE DEPARTMENT ON AGING; BY ADDING SECTION
63-11-2300 SO AS TO CODIFY A PROVISO RELATING TO THE DEPARTMENT ON CHILDREN'S
ADVOCACY; BY ADDING SECTION 31-13-100 AND BY AMENDING SECTION 31-13-430, both RELATING
TO THE ADVISORY COMMITTEE, SO AS TO CODIFY PROVISOS RELATING TO THE HOUSING
FINANCE AND DEVELOPMENT AUTHORITY; BY ADDING SECTIONS 48-23-310, 48-23-320, AND
48-23-330 all SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE FORESTRY
COMMISSION; BY ADDING SECTION 46-1-170 SO AS TO CODIFY A PROVISO RELATING TO
CLEMSON UNIVERSITY PSA; BY ADDING SECTIONS 50-3-200, 50-3-210, 50-3-220,
50-3-230, AND 50-3-240 all SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE
DEPARTMENT OF NATURAL RESOURCES; BY ADDING SECTION 48-45-90 SO AS TO CODIFY A
PROVISO RELATING TO THE SEA GRANT CONSORTIUM; BY ADDING SECTIONS 51-1-100,
51-1-110, AND 51-1-120 all SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE
DEPARTMENT OF PARKS, RECREATION AND TOURISM; BY ADDING SECTIONS 13-1-70,
13-1-80, 13-1-100, 13-1-110, 13-1-120, 13-1-130, AND 13-1-140 all SO AS TO
CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF COMMERCE; BY ADDING
SECTIONS 11-50-190 AND 11-40-280 both SO AS TO CODIFY CERTAIN PROVISOS RELATING
TO THE RURAL INFRASTRUCTURE AUTHORITY; BY ADDING SECTIONS 14-1-250, 14-3-460,
14-1-260, 14-1-270, 14-1-280, AND 14-1-290 all SO AS TO CODIFY CERTAIN PROVISOS
RELATING TO THE JUDICIAL DEPARTMENT; BY ADDING SECTIONS 1-23-690 AND 14-1-310 both
SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE ADMINISTRATIVE LAW COURT; BY
ADDING SECTION 8-1-200 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE
PROSECUTION COORDINATION COMMISSION; BY ADDING SECTIONS 23-3-87, 23-3-90,
23-3-92, 23-3-95, 23-3-97, AND 23-3-100 all SO AS TO CODIFY CERTAIN PROVISOS
RELATING TO THE STATE LAW ENFORCEMENT DIVISION; BY ADDING SECTION 23-6-197 SO
AS TO CODIFY A CERTAIN PROVISO RELATING TO THE DEPARTMENT OF PUBLIC SAFETY; BY
ADDING SECTIONS 23-23-170 AND 23-23-180 both SO AS TO CODIFY CERTAIN PROVISOS
RELATING TO THE LAW ENFORCEMENT TRAINING COUNCIL; BY ADDING SECTIONS 24-1-330,
24-1-340, 24-1-350, 24-1-360, 24-1-380, 24-1-390, 24-1-400, 24-1-410, 24-1-420,
24-1-430, 24-1-440, 24-1-450, AND 24-1-460 all SO AS TO CODIFY CERTAIN PROVISOS
RELATING TO THE DEPARTMENT OF CORRECTIONS; BY ADDING SECTION 24-21-120 SO AS TO
CODIFY A CERTAIN PROVISO RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND
PARDON services; BY ADDING SECTIONS 63-19-500, 63-19-510, 63-19-520, 63-19-530,
63-19-540, 63-19-550, 63-19-560, AND 63-19-570 all SO AS TO CODIFY CERTAIN
PROVISOS RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE; BY ADDING SECTIONS
1-13-120, 1-13-130, AND 1-13-140 all SO AS TO CODIFY CERTAIN PROVISOS RELATING
TO THE HUMAN AFFAIRS COMMISSION; BY ADDING SECTION 1-31-70, 1-31-80, 1-31-90,
1-31-100, AND 1-31-110 all SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE
COMMISSION FOR MINORITY AFFAIRS; BY ADDING SECTIONS 58-4-140, 58-4-150, AND
58-4-160 all SO AS TO CODIFY CERTAIN PROVISIONS RELATING TO THE OFFICE OF
REGULATORY STAFF; BY ADDING SECTION 48-3-260 SO AS TO CODIFY A CERTAIN PROVISO
RELATING TO THE WORKERS' COMPENSATION COMMISSION; BY ADDING SECTION 42-7-230 SO
AS TO CODIFY A CERTAIN PROVISO RELATING TO THE STATE ACCIDENT FUND; BY ADDING
SECTION 37-1-304 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE DEPARTMENT
OF CONSUMER AFFAIRS; BY ADDING SECTIONS 41-3-150, 41-3-160, 23-9-199, AND
41-3-170 all SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF
LABOR, LICENSING AND REGULATION; BY ADDING SECTION 56-1-560 SO AS TO CODIFY A
CERTAIN PROVISO RELATING TO THE DEPARTMENT OF MOTOR VEHICLES; BY ADDING
SECTIONS 57-3-240, 57-3-250, AND 57-3-260 all SO AS TO CODIFY CERTAIN PROVISOS
RELATING TO THE DEPARTMENT OF TRANSPORTATION; BY ADDING SECTIONS 55-1-110,
55-1-120 AND 55-1-130 all SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE
DIVISION OF AERONAUTICS; BY ADDING SECTION 1-11-498 SO AS TO CODIFY A PROVISO
RELATING TO THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 11-5-300 SO AS
TO CODIFY A CERTAIN PROVISO RELATING TO THE OFFICE OF STATE TREASURER; BY
ADDING SECTION 25-1-180 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE
OFFICE OF THE ADJUTANT GENERAL; BY ADDING SECTIONS 7-3-80, 7-3-90, AND 7-3-100 all
SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE ELECTION COMMISSION; BY ADDING
SECTION 12-2-150 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE DEPARTMENT
OF REVENUE; BY ADDING SECTIONS 1-1-1720, 59-101-440, 59-53-110, 59-101-450,
1-11-492, 1-1-1730, 1-1-1740, and 11-49-180, BY AMENDING SECTION 12-36-1310,
RELATING TO THE USE TAX, BY ADDING SECTIONS 4-10-610, 11-55-60, 59-1-498,
1-1-1750, 1-11-499, and 1-1-1760; BY AMENDING SECTION 12-36-2120, RELATING TO
SALES TAX EXEMPTIONS; BY ADDING SECTIONS 1-1-1770 AND 1-3-70 ALL SO AS TO
CODIFY CERTAIN PROVISOS RELATING TO GENERAL PROVISIONS; AND BY AMENDING SECTION
11-11-220, relating to statewide revenue, SO AS TO CODIFY A CERTAIN PROVISO.
    Amend Title To Conform
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  The General Assembly finds that all the provisions
contained in this act relate to one subject as required by Section 17, Article
III of the South Carolina Constitution, in that each provision relates directly
to or in conjunction with other sections to the subject of permanently
codifying temporary provisos contained in prior versions of the General
Appropriations Act.
    The General
Assembly further finds that a common purpose or relationship exists among the
sections, representing a potential plurality but not disunity of topics,
notwithstanding that reasonable minds might differ in identifying more than one
topic contained in the act.
SECTION 2.  This
act may be cited as the "Budget Proviso Codification Act of 2025."
Part 1
Department of Education
SECTION 3. (1.2)
 Chapter 17, Title 59 of the S.C. Code is amended by
adding:
    Section
59-17-170. All school districts shall participate, to the fullest extent
possible, in the Medicaid program by seeking appropriate reimbursement for
services and administration of health and social services. Reimbursements to
the school districts may not be used to supplant funds currently being spent on
health and social services.
SECTION 4. (1.5) Article 5, Chapter 1, Title 59 of the S.C. Code is
amended by adding:
    Section
59-1-471.  In order to finalize each school district's annual allocation of
employer contributions funds for retiree insurance from the previous fiscal
year, the Department of Education is authorized to adjust a school district's
allocation in the current fiscal year accordingly to reflect actual payroll and
payments to the retirement system from the previous fiscal year. If the
Department of Education is notified that an educational subdivision has failed
to remit proper payments to cover employee fringe benefit obligations, the
department shall withhold the educational subdivision's state funds until such
obligations are met.
SECTION 5. (1.7
and 1.9) Chapter 17, Title 59 of the S.C. Code is
amended by adding:
    Section
59-17-180. Each school district where a local juvenile detention center is
located must provide adequate teaching staff and ensure compliance with the
educational requirements of this State. Students housed in local juvenile
detention centers must be included in the average daily membership count of
students for that district and reimbursement by the Department of Education
made accordingly.
    Section
59-17-190. Each school district in this State, upon the approval of the
district's governing body, may maintain its own bank account for the purpose of
making disbursement of school district funds as necessary to conduct school
district business and each county treasurer is authorized to transfer such
amount as needed, upon receipt of a written order certified by the district
governing body or their designee. Such order must contain a statement that such
amount is for immediate disbursement for the payment of correct and legal
obligation of the school district.
SECTION 6. (1.13)   Article 5, Chapter 67, Title 59 of the S.C. Code is
amended by adding:
    Section
59-67-800. The Department of Education shall maintain comprehensive and
collision insurance or self-insured state-owned buses. In no event shall the
department charge local school districts for damages to the buses which are
commonly covered by insurance.
SECTION 7.  (1.15)  Article 1, Chapter 67, Title 59 of the S.C. Code is
amended by adding:
    Section
59-67-330. Local school districts shall request a criminal record history from
the South Carolina Law Enforcement Division for past conviction of any crime
before the initial employment of a school bus driver or school bus aide. The
Department of Education and the school districts must be treated as a
charitable organization for purposes of the fee charged for the criminal
records search.
SECTION 8.  (1.19)  Chapter 17, Title 59 of the S.C. Code is amended by
adding:
    Section
59-17-200. School districts that have a website shall place a notice of a
regularly scheduled school board meeting twenty-four hours in advance of such
meeting. The notice must include the date, time, and agenda for the board
meeting. The school district shall place the minutes of the board meeting on
their website within ten days of the next regularly scheduled board meeting.
SECTION 9. (1.2) Article 5, Chapter 1, Title 59 of the S.C. Code is
amended by adding:
    Section
59-1-407.  The Department of Education is authorized
to transfer funds between budget lines and object codes to identify, reconcile,
reimburse, and remit funds required for Medicaid cash match to the Department
of Health and Human Services.
Part 2
Department of Education - EIA
SECTION 10. (1A.3)
 Chapter 47, Title 59 of the S.C. Code is amended by
adding:
    Section
59-47-150. The Department of Education is directed to oversee the evaluation of
teachers at the School for the Deaf and the Blind and the Department of
Juvenile Justice under the ADEPT model.
SECTION 11. (1A.19)  Chapter 6, Title 59 of the S.C. Code is amended by
adding:
    Section
59-6-130.  The Education Oversight Committee may
carry forward unexpended Education Accountability Act funds authorized
specifically for the administration of the Education Oversight Committee to
support the implementation of the accountability program. Also, the Education
Oversight Committee may carry forward funds appropriated for the education data
dashboard to the next fiscal year.
Part 3
Wil Lou Gray Opportunity School
SECTION 12. (5.1,
5.3, and 5.4)  Chapter 51, Title 59 of the S.C. Code
is amended by adding:
    Section
59-51-60.  The Opportunity School will incorporate into its program services
for students, ages fifteen and over, who are deemed truant and will cooperate
with the Department of Juvenile Justice, the family courts, and school
districts to encourage the removal of truant students to the Opportunity School
when such students can be served appropriately by the Opportunity School's
program.
    Section
59-51-70.  The Wil Lou Gray Opportunity School may carry forward into the next
fiscal year the amount of the deferred salaries and employer contributions
earned for non-twelve-month employees. These deferred funds are not to be
included or part of any other authorized carry-forward amount.
    Section
59-51-80.  The Wil Lou Gray Opportunity School may
retain revenues derived from the lease of school properties titled to or
utilized by the school and may use revenues retained for general school
operations including, but not limited to, maintenance of such properties.
Unexpended funds may be carried forward into the next fiscal year and used for
the same purposes.
Part 4
School for the Deaf and the Blind
SECTION 13. (6.2,
6.4, and 6.5)  Chapter 47, Title 59 of the S.C. Code
is amended by adding:
    Section
59-47-130. All revenues generated from cafeteria operations may be retained and
expended by the institution for the purpose of covering actual expenses in
cafeteria operations.
    Section
59-47-140. The South Carolina School for the Deaf and the Blind may sell goods
that are by-products of the school's programs and operations, charge user fees
and fees for services to the general public, such as individuals,
organizations, agencies, and school districts, and such revenue may be retained
and carried forward into the next fiscal year and expended for the purpose of
covering expenses of the school's programs and operations.
    Section
59-47-150. The South Carolina School for the Deaf
and the Blind may carry forward into the next fiscal year the amount of the
deferred salaries and employer contributions earned for non-twelve-month
employees. These deferred funds are not to be included or part of any other
authorized carry-forward amount.
Part 5
Governor's School for Agriculture at John De La Howe
SECTION 14.    (7.1)
   Chapter 49, Title 59 of the S.C. Code is amended
by adding:
    Section
59-49-170. The Governor's School for Agriculture at
John de la Howe may lease, to its employees, private residences on the agency's
campus. Funds generated may be retained and used for general operating purposes
including, but not limited to, maintenance of the residences.
Part 6
Educational Television Commission
SECTION 15. (8.1
and 8.4)  Chapter 7, Title 59 of the S.C. Code is
amended by adding:
    Section
59-7-70. The Educational Television Commission may carry forward any funds
derived from grant awards or designated contributions and any state funds
necessary to match such funds so long as these funds are expended for the
programs for which they were originally designated.
    Section
59-7-80. (A) The Educational
Television Commission shall coordinate tower and antenna operations within
South Carolina state government. The commission shall:
       (1)
approve all leases regarding antenna placement on state-owned towers and
buildings;
       (2)
coordinate all new tower construction on state-owned property;
       (3)
promote and market excess capacity on the state's wireless communications
infrastructure;
       (4)
generate revenue by leasing, licensing, or selling excess capacity on the state's
wireless communications infrastructure; and
       (5)
construct new communications assets on appropriate state-owned property for the
purpose of generating revenue pursuant to this section.
    (B)  The
commission shall retain and expend such funds for agency operations. The
commission may carry forward unexpended funds. By October first of each year,
the commission shall report to the Chairmen of the Senate Finance and House
Ways and Means committees all revenue collected and disbursed.
SECTION 16. (8.3)   Chapter 7, Title 59 of the S.C. Code is amended by
adding:
    Section 59-7-70. All
leases for antenna and tower operations within institutions of higher learning
campuses must conform to master plans for such property, as determined solely
by the institution of higher learning.
Part 7
Governor's School for the Arts and Humanities
SECTION 17. (9.1,
9.2, 9.3) Chapter 50, Title 59 of the S.C. Code is
amended by adding:
    Section
59-50-80.  The Governor's School for the Arts and Humanities may promulgate
administrative policy governing annual and sick leave relative to faculty and
staff with the approval of the board of directors. This policy shall address
the school calendar in order to comply with the instructional needs of students
attending the school.
    Section
59-50-90.  The Governor's School for the Arts and Humanities may carry forward
any funds appropriated to or generated by the school and expended at the
discretion of the board of directors.
    Section
59-50-100. The Governor's School for the Arts and Humanities may charge,
collect, expend, and carry forward student fees as approved by the board of
directors. The purpose and amount of any such fees is to maintain program
quality in both academics and residential support. No student may be denied
admittance or participation due to financial inability to pay. The board of
directors shall promulgate administrative policy governing the collection of
all student fees. The school shall conspicuously publish a fee schedule on its
website. All student fees must be reported by August first to the Governor, the
Chairman of the Senate Finance Committee, and the Chairman of the House Ways
and Means Committee.
SECTION 18. (9.4)
Article 5, Chapter 1, Title 59 of the S.C. Code is
amended by adding:
    Section
59-1-497.  Due to the unique nature of the Governor's
School for the Arts and Humanities, the Charleston School of the Arts, and the
Greenville County Fine Arts Center, the schools are authorized to employ, at
its discretion, noncertified classroom teachers teaching in the literary,
visual, and performing arts subject areas who are otherwise considered to be
appropriately qualified in a ratio of up to one hundred percent of the entire
teacher staff.
Part 8
Governor's School for Science and Mathematics
SECTION 19. (10.1,
10.2, 10.3)   Chapter 48, Title 59 of the S.C. Code
is amended by adding:
    Section
59-48-80.  The Governor's School for Science and Mathematics may carry forward
the balance of any funds. The funds must be expended pursuant to the direction
of the board of trustees of the school.
    Section
59-48-90.  The Governor's School for Science and Mathematics is authorized to
promulgate administrative policy governing annual and sick leave relative to
faculty and staff with the approval of its board of directors. This policy must
address the school calendar in order to comply with the instructional needs of
students attending the special school.
    Section
59-48-100. The Governor's School for Science and
Mathematics is authorized to charge, collect, expend, and carry forward student
fees as approved by the board of directors. The purpose and amount of any such
fees must be to maintain program quality in both academics and residential
support. No student may be denied admittance or participation due to financial
inability to pay. The board of directors shall promulgate administrative policy
governing the collection of all student fees. The school conspicuously shall
publish a fee schedule on its website. All student fees must be reported by
August first each year to the Governor, the Chairman of the Senate Finance
Committee, and the Chairman of the House Ways and Means Committee.
Part 9
Medical University of South Carolina
SECTION 20. (23.1)  Chapter 123, Title 59 of the S.C. Code is amended by
adding:
    Section
59-123-330.  (A) The Rural Dentist
Program, in coordination with the Department of Public Health's Dentistry
Program, is established at the Medical University of South Carolina. The funds
appropriated to the Medical University of South Carolina for the Rural Dentist
Program must be administered by the South Carolina Area Health Education
Consortium physician recruitment office. The costs associated with
administering this program must be paid from the funds appropriated to the
Rural Dentist Program and may not exceed four percent of the appropriation. The
Medical University of South Carolina is responsible for the fiscal management
of funds to ensure that state policies and guidelines are adhered to. MUSC may
carry forward unspent general funds appropriated to the Rural Dentist Program
provided that these funds be expended for the program for which they were
originally designated.
    (B)(1) A board is created to manage and
allocate these funds to insure the location of licensed dentists in rural areas
of South Carolina and on the faculty of the College of Dental Medicine at MUSC.
        (2)
The board is composed of the following:
  (a)
the Dean, or his designee, of the MUSC College of Dental Medicine;
  (b)
three members from the South Carolina Dental Education Foundation Board who
represent rural areas; and
  (c)
the President, or his designee, of the South Carolina Dental Association.
       (3)
The Director of the Department of Public Health's Office of Primary Care; the director
or his designee of the Department of Health and Human Services; and the
Executive Director of the South Carolina Dental Association shall serve as ex
officio members without a vote. This board shall serve without compensation.
Part 10
State Board for Technical and Comprehensive Education
SECTION 21. (25.2)  Article 1, Chapter 53, Title 59 of the S.C. Code is
amended by adding:
    Section
59-53-110. The State Board for Technical and Comprehensive Education may carry
forward and expend funds for direct training of new and expanding industry.
SECTION 22. (25.3)  Article 2, Chapter 53, Title 59 of the S.C. Code is
amended by adding:
    Section
59-53-170. The State Board for Technical and
Comprehensive Education may reimburse business and industry for training costs
billed to the agency with the concurrence of the Comptroller General.
Part 11
State Library
SECTION 23. (27.2
and 27.3)  Chapter 1, Title 60 of the S.C. Code is
amended by adding:
    Section
60-1-180.  (A) The State Library may
charge a fee for costs associated with information delivery and retain such
funds to offset the costs of maintaining, promoting, and improving information
delivery services.
    (B)  The
State Library may charge a fee for costs associated with continuing education
and retain such funds to offset the costs of providing continuing education
opportunities.
Part 12
Arts Commission
SECTION 24. (28.1,
28.2, and 28.3) Chapter 15, Title 60 of the S.C.
Code is amended by adding:
    Section
60-15-100. Where practicable, all professional artists employed by the Arts
Commission in the fields of music, theater, dance, literature, musical arts,
craft, media arts, and environmental arts must be hired on a contractual basis
as independent contractors. Where such a contractual arrangement is not
feasible, employees in these fields may be unclassified; however, the approval
of their salaries must be in accord with the provisions of Section 8-11-35.
    Section
60-15-110. Any income derived from Arts Commission-sponsored arts events or by
gift, contributions, or bequest now in possession of the Arts Commission,
including any federal or other funds balance must be retained by the commission
and placed in a special revolving account for the commission to use solely for
the purpose of supporting the programs provided herein. Any such funds are
subject to the review procedures.
    Section
60-15-120. The commission is allowed to apply a
fifteen percent indirect cost rate for continuing federal grants for which they
must compete. The commission shall apply the full-approved negotiated rate to
the basic state grant and any new grants received by the commission.
Part 13
State Museum Commission
SECTION 25. (29.1,
29.2, 29.3, and 29.4)   Article 1, Chapter 13, Title
60 of the S.C. Code is amended by adding:
    Section
60-13-60.  (A) The commission may
remove accessioned objects from its museum collections by gift to another
public or nonprofit institution, by trade with another public or nonprofit
institution, by public sale, by transfer to the commission's education,
exhibit, or study collections or to its operating property inventory; or as a
last resort, by intentional destruction on the condition that the objects so
removed meet with one or more of the following criteria:
       (1)
they fall outside the scope of the South Carolina Museum Commission's
collections as defined in the collection policy;
       (2)
they are unsuitable for exhibition or research;
       (3)
they are inferior duplicates of other objects in the collection; or
       (4)
they are forgeries or were acquired on the basis of false information.
    (B)
Funds from the sale of such objects must be placed in a special revolving
account for the commission to use solely for the purpose of purchasing objects
for the collections of the State Museum.
    Section
60-13-70.  The Museum Commission shall establish and administer a museum store
in the State Museum. This store may produce, acquire, and sell merchandise
relating to historical, scientific, and cultural sources. All profits received
from the sale of such merchandise must be retained by the Museum Commission in
a restricted fund to be carried forward into the following fiscal year. These
funds may be used for store operations, publications, acquisitions, educational
programs, exhibit production, and general operating expenses provided that the
expenditures for such expenses are approved by the General Assembly in the
annual appropriations act.
    Section
60-13-80.  The Museum Commission may retain revenue received from admissions,
program fees, facility rentals, professional services, donations, food service,
exhibits and exhibit components, and other miscellaneous operating income
generated by or for the museum and may expend such revenue for general
operating expenses provided that such expenditures are approved by the General
Assembly in the annual appropriations act. Any unexpended revenue from these
sources may be carried forward to be expended for the same purposes.
    Section
60-13-90.  The commission may not charge admission
fees to groups of children from South Carolina who have made reservations that
are touring the museum as part of a school function.
Part 14
Department of Vocational Rehabilitation
SECTION 26. (32.1,
32.3, and 32.4) Chapter 31, Title 43 of the S.C.
Code is amended by adding:
    Section
43-31-180. All revenues derived from production contracts earned by people with
disabilities receiving job readiness training at the agency's work training centers
may be retained by the agency and used in the facilities for client wages and
any other production costs. Any excess funds derived from such production
contracts may be used for other operating expenses or permanent improvements of
these facilities.
    Section
43-31-190. (A) Any revenues
generated from user fees or service fees charged to the general public or other
parties ineligible for the department's services may be retained to offset
costs associated with the related activities so as to not affect the level of
service for regular agency clients.
    (B)  All
revenues generated from sale of meal tickets may be retained by the agency and
expended for supplies to operate the agency's food service programs or
cafeteria.
Part 15
Department of Health and Human Services
SECTION 27. (33.1,
33.4, 33.5, 33.6, 33.7, 33.8, 33.11, and 33.25)  Article
1, Chapter 6, Title 44 of the S.C. Code is amended by adding:
    Section
44-6-116.  The department shall recoup all refunds and identified program
overpayments and all such overpayments must be recouped in accordance with
established collection policy. Further, the department is authorized to
maintain a restricted fund, on deposit with the State Treasurer, to be used to
pay for liabilities and improvements related to enhancing accountability for
future audits. The restricted fund shall derive from prior year program
refunds. The restricted fund shall not exceed one percent of the total appropriation
authorization for the current year. Amounts in excess of one percent must be
remitted to the general fund.
    Section
44-6-117.  The department may fund the net costs of any third-party liability
and drug rebate collection efforts from the monies collected in that effort.
    Section
44-6-118.  Where the Medicaid State Plan has been altered to cover services
that previously were provided by one hundred percent state funds, or that have
been requested to be added by other state agencies, the department can bill
other agencies for the state share of services provided through Medicaid. In
order to comply with federal regulations regarding allowable sources of
matching funds, state agencies are authorized to make appropriation transfers
to the department to be used as the state share when certified public
expenditures are not allowed for those state agency Medicaid services. The
department shall keep a record of all services affected and submit periodic
reports to the Senate Finance and House Ways and Means committees.
    Section
44-6-119.  The department is authorized to expend disproportionate share funds
to all eligible hospitals with the condition that all audit exceptions through
the receipt and expenditures of these funds are the liability of the hospital
receiving the funds.
    Section
44-6-120.  The department is authorized to receive and expend registration fees
for educational, training, and certification programs.
    Section
44-6-121.  (A) The department may
offset the administrative costs associated with controlling fraud and abuse.
    (B)
The department shall expand its program integrity efforts by utilizing
resources both within and external to the agency including, but not limited to,
the ability to contract with other entities for the purpose of maximizing the
department's ability to detect and eliminate provider fraud.
    Section
44-6-123.  The cost of meals may be provided by the
department to state employees who are not permitted to leave their stations and
are required to work during actual emergencies, emergency situation exercises,
and when the Governor declares a state of emergency.
Part 16
Department of Public Health and Department of
Environmental Services
SECTION 28.    (31.2,
31.3, 31.4, 31.6, 31.14)  Chapter 1, Title 44 of the
S.C. Code is amended by adding:
    Section
44-1-320.  General funds made available to the Department of Public Health for
the allocation to the counties of the State for operation of county health
units be allotted on a basis approved by the director. The amount of general
funds appropriated each year for access to care must be allocated on a basis
such that no county budget shall receive less than the amount received in the previous
fiscal year, except when instructed by the Executive Budget Office or the
General Assembly to reduce funds within the department by a certain percentage,
the department may unilaterally reduce the county health units up to the
stipulated percentage.
    Section
44-1-330.  (A) Private donations or
contributions for the operation of Camp Burnt Gin must be deposited in a
restricted account. These funds may be carried forward and must be made
available as needed to fund the operation of the camp. Withdrawals from this
restricted account must be in accordance with approved procedures.
    (B)
Notwithstanding any other provision of law, the funds appropriated to the Department
of Public Health, or funds from any other source, for Camp Burnt Gin must not
be reduced in the event the department is required to take a budget reduction.
    Section
44-1-340.  The Children's Rehabilitative Services must utilize any available
financial resources including insurance benefits or governmental assistance
programs, to which the child may otherwise be entitled in providing or
arranging for medical care and related services to physically handicapped
children eligible for such services, as a prerequisite to the child receiving
such services.
    Section
44-1-350.  The Department of Public Health may budget and expend monies
resulting from insurance refunds for prior year operations for case services in
family health.
    Section
44-1-370.  When a Medicaid patient is transferred from a nursing home to a
receiving nursing home due to violations of state or federal law or Medicaid
certification requirements, the Medicaid patient day permit must be transferred
with the patient to the receiving nursing home, provided that the receiving
nursing home is an enrolled Medicaid provider that already holds Medicaid
patient day permits, in which case the receiving facility shall apply to
permanently retain the Medicaid patient day permit within sixty days of receipt
of the patient.
SECTION 29.    (55.2)
 Chapter 6, Title 48 of the S.C. Code is amended by
adding:
    Section
48-6-90. The Department of Environmental Services may collect, retain and
expend funds received from the sale of or third-party use of spoil easement
areas, for the purpose of meeting the state's responsibility for providing
adequate spoil easement areas for the Atlantic Intracoastal Waterway in South
Carolina.
SECTION 30.    (31.15)
  Chapter 1, Title 44 of the S.C. Code is amended by
adding:
    Section
44-1-380.  The Department of Public Health is authorized to compensate
nonpermanent, part-time employees on a fixed rate per-visit basis. Compensation
on a fixed rate per visit may be paid to employees for whom the department
receives per-visit reimbursement from other sources. These individuals shall
provide direct patient care in a home environment. The per-visit rate may vary
based on the discipline providing the care and the geographical location of
services rendered. Management may pay exempt or nonexempt employees as defined
by the Fair Labor Standards Act only when they are needed to work. Individuals employed
in this category may exceed twelve months, but are not eligible for state
benefits except for the option of contributing to the State Retirement System.
SECTION 31.    (55.3,
55.5) Chapter 6, Title 48 of the S.C. Code is
amended by adding:
    Section
48-6-100.  The Department of Environmental Services may expend funds as
necessary from the permitted site fund established pursuant to Section
44-56-160(B)(1), for legal services related to environmental response,
regulatory, and enforcement matters, including administrative proceedings and
actions in state and all federal courts.
    Section
48-6-110.  The cost of meals may be provided by the department to state
employees who are required to work during actual emergencies and emergency
simulation exercises when they are not permitted to leave their stations.
SECTION 32.    (31.20,
31.21, 31.23) Chapter 1, Title 44 of the S.C. Code
is amended by adding:
    Section
44-1-400.  The cost of meals may be provided by the department to state
employees who are required to work during actual emergencies and emergency
simulation exercises when they are not permitted to leave their stations.
    Section
44-1-410.  In the event the President of the United States has declared a state
of emergency or the Governor has declared a state of emergency in a county in
the State, Fair Labor Standards Act exempt employees of the department may be
paid for actual hours worked in lieu of accruing compensatory time, at the
discretion of the agency director, and providing funds are available.
    Section
44-1-420.  The Department of Public Health shall
assess South Carolina's ability to cope with a major influenza outbreak or
pandemic influenza and maintain an emergency plan and stockpile of medicines
and supplies to improve the state's readiness condition. The department shall
report on preparedness measures to the Speaker of the House of Representatives,
the President of the Senate, and the Governor by November first of each year.
The department, in conjunction with the Department of Health and Human
Services, is authorized to establish a fund for the purpose of developing an
emergency supply, stockpile, and distribution system of appropriate antiviral,
antibiotic, and vaccine medicines and medical supplies. In the event the United
States Department of Health and Human Services makes available medicines or
vaccines for purchase by states via federal contract or federally subsidized
contract or other mechanism, the department, with Executive Budget Office
approval, may access appropriated or earmarked funds as necessary to purchase
an emergency supply of these medicines for the State of South Carolina.
Part 17
Department of Mental Health
SECTION 33.    (35.2,
35.9) Chapter 9, Title 44 of the S.C. Code is
amended by adding:
    Section
44-9-170.  The Department of Mental Health may retain and expend institution-generated
funds which are budgeted.
    Section
44-9-180.  Except as otherwise provided, no money
authorized to be expended for relating to commitments, admissions and
discharges to mental health facilities, or treatment facilities for the purpose
of alcohol and drug abuse treatment, shall be used to compensate any state
employees appointed by the court as examiners, guardians ad litem, or attorneys
nor shall such funds be used in payment to any state agency for providing such
services by their employees.
Part 18
Department of Disabilities and Special Needs
SECTION 34.    (36.1,
36.2, 36.4, 36.6, 36.7) Article 1, Chapter 20, Title
44 of the S.C. Code is amended by adding:
    Section
44-20-40.  All revenues derived from production contracts earned by individuals
served by the department in work activity programs must be retained by the department
and carried forward as necessary to be used for other operating expenses or
permanent improvements of these work activity programs.
    Section
44-20-50.  The department may retain revenues associated with the sale of
excess real property owned by, under the control of, or assigned to the
department and may expend these funds as grants to purchase or build community
residences and day program facilities for the individuals the department
serves. The department shall follow all the policies and procedures of the
Department of Administration or State Fiscal Accountability Authority and the
Joint Bond Review Committee.
    Section
44-20-60.  The department is authorized to carry forward and retain settlements
under Medicaid-funded contracts.
    Section
44-20-70.  The department only shall transfer capital to include property and
buildings to local disability and special needs providers with written consent
of the providers by memorandum of understanding and upon State Fiscal
Accountability Authority approval, otherwise, the department is responsible for
maintenance and improvements.
    Section
44-20-80.  The provision of selected prescribed
medications may be performed by designated unlicensed persons in
community-based programs sponsored, licensed, or certified by the South
Carolina Department of Disabilities and Special Needs; provided, the unlicensed
persons have documented successful completion of medication training and
competency evaluation. Licensed nurses, licensed pharmacists, and licensed
medical doctors may train and supervise designated unlicensed persons to
provide medications and, after reviewing competency evaluations, may approve
designated unlicensed persons for the provision of medications. The provision
of medications by designated unlicensed persons is limited to oral, sublingual,
buccal, topical, inhalation and transdermal medications, ear drops, eye drops,
nasal sprays, injections of regularly scheduled insulin, and injections of
prescribed anaphylactic treatments. The provision of medications by designated
unlicensed persons does not include rectal and vaginal medications, sliding
scale insulin, or other injectable medications. A written or electronic record
regarding each medication provided, including time and amount administered, is
required as part of the provision of medication. Provision of medication does
not include judgment, evaluation, or assessment by the designated unlicensed
persons. The designated unlicensed persons and the nurses, pharmacists, and
medical doctors that train, approve, and supervise these staff shall be
protected against tort liability provided their actions are within the scope of
their job duties and the established medical protocol. The Department of
Disabilities and Special Needs shall establish curriculum and standards for
training and oversight. This provision shall not apply to a facility licensed
as an intermediate care facility for individuals with intellectual or related
disability.
Part 19
Department of Alcohol and Other Drug Abuse Services
SECTION 35. (37.1,
37.2) Chapter 49, Title 44 of the S.C. Code is
amended by adding:
    Section
44-49-90.  The department may charge fees for training events and conferences.
The revenues from such events must be retained by the department to increase
education and professional development initiatives.
    Section
44-49-100. The department through its local county
commissions may provide, from funds appropriated to the department,
information, education, and referral services to persons experiencing gambling
addictions.
Part 20
Department of Social Services
SECTION 36.    (38.2,
38.4, 38.5, 38.6, 38.8, 38.10, 38.11, 38.13, 38.15, 38.16, 38.17) Chapter 1, Title 43 of the S.C. Code is amended by
adding:
    Section
43-1-270.  The State Department shall withhold a portion of the state funds
recovered, under the Title IV-D Program, for credit to the general fund in
order to allow full participation in the federal "set-off" program offered
through the Internal Revenue Service, the withholding of unemployment insurance
benefits through the Department of Employment and Workforce and reimbursement
for expenditures related to blood testing. Such funds may not be expended for any
other purpose. The Department of Social Services shall be allowed to utilize
the State share of federally required fees, collected from non-TANF clients, in
the administration of the Child Support Enforcement Program. Such funds may not
be expended for any other purpose. However, this shall not include Child
Support Enforcement Program incentives paid to the program from federal funds
to encourage and reward cost-effective performance. Such incentives are to be
reinvested in the program to increase collections of support at the state and
county levels in a manner consistent with federal laws and regulations
governing such incentive payments. The department shall not use clerk of court
incentive funds to replace agency operating funds. Such funds must be remitted
to the appropriate state governmental entity to further child support
collection efforts.
    Section
43-1-280.  Funds appropriated for the battered spouse program must be allocated
through contractual agreement to providers of this service. These funds also
may be used for public awareness and contracted services for victims of this
social problem, including the abused and children accompanying the abused. Such
funds may not be expended for any other purpose nor be reduced by any amount
greater than that stipulated by the Executive Budget Office or the General
Assembly for the agency as a whole.
    Section
43-1-290.  In order to prevent the loss of federal funds to the State,
employees of the Department of Social Services whose salaries are paid in full
or in part from federal funds are exempt from serving as court examiners.
    Section
43-1-300.  The Department of Social Services is authorized to advance
sufficient funds during each fiscal year from the Temporary Assistance for
Needy Families Assistance Payments general fund appropriations to the Temporary
Assistance for Needy Families Assistance Payments federal account only for the
purpose of allowing a sufficient cash flow in the federal account. The advance
must be refunded no later than April of the same fiscal year. Upon the advance
of funds as provided in this section, the Comptroller General is authorized to
process the July voucher for the funding of benefit checks.
    Section
43-1-310.  The state portion of funds recouped from the collection of recipient
claims in the TANF and Food Stamp programs must be retained by the department.
A portion of these funds must be distributed to local county offices for
emergency and program operations.
    Section
43-1-320.  From amounts allocated to the Department of Social Services for statewide
employee pay increases in the annual general appropriations act, the Department
of Social Services may allot funds for pay increases to individual county
directors and regional directors in classified positions without uniformity.
Pay increases for department county directors and regional directors must be
administered in accordance with the guidelines established by the Department of
Administration for executive compensation system and other nonacademic
unclassified employees. Any employees subject to the provisions of this section
are not eligible for any other compensation increases provided in the annual
general appropriations act.
    Section
43-1-330.  Department investigative units are authorized to receive and expend
funds awarded to these units as a result of a donation, contribution, prize,
grant, or court order. These funds must be retained by the department on behalf
of the investigative units and deposited in a separate, special account and must
be carried forward from year to year and withdrawn and expended as needed to
fulfill the purposes and conditions of the donation, contribution, prize,
grant, or court order, if specified, and if not specified, as may be directed
by the Director of the Department of Social Services. These accounts shall not
supplant operating funds. The agency shall report the amount of such funds
received and the manner of expenditure in the previously completed fiscal year
to the Senate Finance Committee and House Ways and Means Committee by January
thirtieth of each year.
    Section
43-1-340.  The Department of Social Services is authorized to make grants to
community-based not-for-profit organizations for local projects that further
the objectives of department programs. The department shall develop policies
and procedures and may promulgate regulations to assure compliance with state
and federal requirements associated with the funds used for the grants and to
assure fairness and accountability in the award and administration of these
grants. The department shall require a match from all grant recipients.
    Section
43-1-350.  The Department of Social Services may impose monetary penalties
against a person, facility, or other entity for violation of statutes or
regulations pertaining to programs, other than foster home licensing, that the
department regulates. Penalties collected must be remitted to the State
Treasurer for deposit into the general fund. The department shall promulgate
regulations for each program in which penalties may be imposed. The regulations
must include guidance on the decision to assess a penalty, the effect of
failure to pay a penalty in a timely manner, and a schedule of penalty ranges
that takes into account severity and frequency of violations. These regulations
must provide for notice of the penalty and the right to a contested case
hearing before a designee of or panel appointed by the director of the
department. Judicial review of the final agency decision concerning a penalty
must be in accordance with statutes or regulations that apply to judicial
review of final revocation and denial decisions in that particular program. The
department, in accordance with regulations promulgated pursuant to this
provision, shall have discretion in determining the appropriateness of
assessing a monetary penalty against a person or facility and the amount of the
penalty. The authority to assess monetary penalties shall be in addition to
other statutory provisions authorizing the department to seek injunctive relief
or to deny, revoke, suspend, or otherwise restrict or limit a license or other
types of operating or practice registrations, approvals, or certificates.
    Section
43-1-360.  The department is authorized to retain and carry forward any
unexpended funds appropriated for the Child Support Enforcement automated
system and related penalties.
    Section
43-1-370.  State funds allocated to the Department
of Social Services and used for childcare vouchers must be used to enroll
eligible recipients within provider settings exceeding the state's minimum
childcare licensing standards. The department may waive this requirement on a
case-by-case basis.
Part 21
Department on Aging
SECTION 37.    (40.3) Chapter 21, Title 43 of the S.C. Code is amended by
adding:
    Section
43-21-210. The Department on Aging is authorized to
receive and expend registration fees for educational, training, and
certification programs.
Part 22
Department on Children's Advocacy
SECTION 38. (41.3)  Article 22, Chapter 11, Title 63 of the S.C. Code is
amended by adding:
    Section
63-11-2300.  The Department of Children's Advocacy
may carry forward funds appropriated to the Continuum of Care Program to
continue services.
Part 23
Housing Finance and Development Authority
SECTION 39.    (42.2) Article 1, Chapter 13, Title 31 of the S.C. Code is
amended by adding:
    Section
31-13-100. The authority may carry forward monies withdrawn from the authority's
various bond-financed trust indentures and resolutions to pay program expenses.
SECTION 40.
(42.3) Section 31-13-430(D) of the S.C. Code is
amended to read:
    (D) Members of the advisory committee
are not eligible for reimbursement for travel, lodging, meals, or per diem. However, the members are eligible for mileage reimbursement at
the rate allowed for state employees. Membership on the committee must
include representation from rural communities.
Part 24
Forestry Commission
SECTION 41.    (43.1,
43.2, 43.3)   Chapter 23, Title 48 of the S.C. Code
is amended by adding:
    Section
48-23-310. The Forestry Commission is authorized to use unexpended federal
grant funds to pay for expenditures.
    Section
48-23-320. The Forestry Commission is authorized to retain all funds received
as reimbursement of expenditures from other state or federal agencies when
personnel and equipment are mobilized due to an emergency.
    Section
48-23-330. The Forestry Commission is authorized to
pay the cost of physical examinations for agency personnel who are required to
receive such physical examinations prior to receiving a law enforcement
commission.
Part 25
Clemson University PSA
SECTION 42. (45.1,
45.4, 45.5)   Chapter 1, Title 46 of the S.C. Code
is amended by adding:
    Section
46-1-170.  (A) Revenues collected
from the issuance of phytosanitary certificates must be retained by the
Division of Regulatory and Public Service for the purpose of carrying out
phytosanitary inspections.
    (B) All
revenues collected from the regulatory programs of agrichemical, plant industry,
and crop protection including: fertilizer, lime, and soil amendments
registration fees; pesticide licensing fees; seed-certification fees; and
fertilizer tax and inspection fees must be retained by Clemson University PSA
regulatory programs.
    (C) All
revenues collected from pesticide registration fees and revenue collected from
structural pest control businesses for business licensing must be retained by
Clemson University PSA Regulatory and Public Service Programs to support
general regulatory, enforcement, and education programs and to carry out
provisions of the South Carolina Pesticide Control Act and regulations related
to it.
Part 26
Department of Natural Resources
SECTION 43.    (47.1,
47.2, 47.4, 47.5, 47.7) Article 1, Chapter 3, Title
50 of the S.C. Code is amended by adding:
    Section
50-3-200.  Revenue generated from the sale of the "South Carolina Wildlife"
magazine, its by-products and other publications, must be retained by the
department and used to support the production of the same in order for the
magazine to be self-sustaining. In addition, the department is authorized to
sell advertising in the magazine and to increase the magazine's subscription
rate, if necessary, to be self-sustaining. No general funds may be used for the
operation and support of the "South Carolina Wildlife" magazine.
    Section
50-3-210.  The Department of Natural Resources shall continue to collect the
casual sales tax as contained in the contractual agreement between the
Department of Revenue and the Department of Natural Resources and the State
Treasurer is authorized to reimburse the department on a quarterly basis for
the actual cost of collecting the casual sales tax and such reimbursement must
be paid from revenues generated by the casual sales tax.
    Section
50-3-220.  If any funds accumulated by the Department of Natural Resources
Geology Program, under contract for the provision of goods and services not
covered by the department's appropriated funds, are not expended, such funds
may be carried forward and expended for the costs associated with the provision
of such goods and services.
    Section
50-3-230.  The department may collect, expend, and carry forward revenues
derived from the sale of goods and services in order to support aerial
photography, map services, climatology data, and geological services. The
department annually shall report to the Senate Finance Committee and the House
Ways and Means Committee the amount of revenue generated from the sale of these
goods and services.
    Section
50-3-240.  The department is authorized to pay for
the cost of physical examinations for department personnel who are required to
receive such physical examinations prior to receiving a law enforcement
commission.
Part 27
Sea Grant Consortium
SECTION 44.    (48.1) Chapter 45, Title 48 of the S.C. Code is amended by
adding:
    Section
48-45-90.  Funds generated by the sale of pamphlets,
books, and other promotional materials, the production of which has been paid
for by nonstate funding, may be deposited in a special account by the
consortium and utilized as other funds for the purchase of additional
pamphlets, books, and other promotional materials for distribution to the
public.
Part 28
Department of Parks, Recreation and Tourism
SECTION 45.    (49.3,
49.4, 49.5)   Article 1, Chapter 1, Title 51 of the
S.C. Code is amended by adding:
    Section
51-1-100.  The Department of Parks, Recreation and Tourism may carry forward
any unexpended advertising funds to be used for the same purposes which include
the Tourism Partnership Fund, Destination-Specific Marketing Grants, and the
agency advertising fund.
    Section
51-1-110.  From the funds authorized for the South
Carolina Film Commission, the department may use the film marketing funds for
the following purposes:
       (1)
to allow for assistance with recruitment and infrastructure development of the
film industry;       (2) to develop
a film crew base;
       (3)
to develop ally support in the film industry;
       (4)
marketing and special events; and
       (5)
to allow for assistance with the auditing and legal service expenses associated
with the Motion Picture Incentive Act.
    Section
51-1-120.  The Department of Parks, Recreation and
Tourism may charge an application fee for the Motion Picture Incentive programs
and may retain and expend these funds for the purposes of meeting
administrative, data collection, credit analysis, cost-benefit analysis,
reporting and auditing, and other statutory obligations. A fee schedule must be
established and approved by the Director of the Department of Parks, Recreation
and Tourism.
Part 29
Department of Commerce
SECTION 46. (50.1,
50.4, 50.6, 50.7, 50.8, 50.11, 50.12)   Chapter 1,
Title 13 of the S.C. Code is amended by adding:
    Section
13-1-70. The proceeds from the sale of publications may be retained in the
agency's printing, binding, and advertising account.
    Section
13-1-80.  Funds collected from South Carolina companies for offsetting costs
associated with participation in future trade shows may be carried forward and
used for that purpose.
    Section
13-1-100.  Revenue received from the sublease on non-state-owned office space
may be retained and expended to offset the cost of the department's leased
office space.
    Section
13-1-110.  The department may charge a fee for ad sales in department-authorized
publications and may use these fees to offset the cost of printing and
production of the publications. Any revenue generated above the actual cost must
be remitted to the general fund.
    Section
13-1-120.  The Secretary of Commerce is authorized to appoint the staff of the
department's foreign offices on a contractual basis on such terms as the
Secretary considers appropriate, subject to review by the Department of
Administration.
    Section
13-1-130.  Application fees received by the department must be deposited within
five business days from the Coordinating Council application approval date.
    Section
13-1-140.  The Recycling Market Development Advisory
Council shall submit an annual report outlining recycling activities to the
Governor and members of the General Assembly by March fifteenth each year.
Part 30
Rural Infrastructure Authority
SECTION 47.    (54.3) Chapter 50, Title 11 of the S.C. Code is amended by
adding:
    Section
11-50-190. For purposes of calculating the amount of funds which may be carried
forward by the Rural Infrastructure Authority, grant and loan program funds
carried forward by the Office of Local Government must be excluded from the
calculation of the carry forward authorized by law.
SECTION 48.    (54.4) Chapter 40, Title 11 of the S.C. Code is amended by
adding:
    Section
11-40-280. In the event that any state funds remain
after fully matching federal grants for the State Revolving Funds under the
Clean Water Act or Safe Drinking Water Act, such funds may be deposited into
the South Carolina Infrastructure Revolving Loan Fund established pursuant to
Section 11-40-50.
Part 31
Judicial Department
SECTION 49.    (57.2) Chapter 1, Title 14 of the S.C. Code is amended by
adding:
    Section
14-1-250.  Every county shall provide for each circuit and family judge
residing therein an office with all utilities including a private telephone and
shall provide the same for Supreme Court Justices and Judges of the Court of
Appeals upon their request.
SECTION 50.    (57.6) Article 3, Chapter 3, Title 14 of the S.C. Code is
amended by adding:
    Section
14-3-460.  Any funds collected from the Supreme Court Bar Admissions Office may
be deposited into an escrow account with the State Treasurer's Office. The
department is authorized to receive, expend, retain, and carry forward these
funds.
SECTION 51.    (57.9,
57.10, 57.11, 57.12)    Chapter 1, Title 14 of the
S.C. Code is amended by adding:
    Section
14-1-260.  Amounts received as payment for reproducing, printing, and
distributing copies of court rules and other department documents must be
retained for use by the department.
    Section
14-1-270.  Technology equipment that has been declared surplus may be donated
directly to counties for use in court-related activities.
    Section
14-1-280.  The Judicial Department may carry forward funds that are not
expended.
    Section
14-1-290.  The Judicial Department shall retain
revenue generated by charging a fee for technology support services provided to
users of the state case management system. These funds may be expended and
carried forward to offset the costs of supporting and maintaining the case
management system.
Part 32
Administrative Law Court
SECTION 52.    (58.1) Chapter 23, Title 1 of the S.C. Code is amended by
adding:
    Section
1-23-690.  The Administrative Law Court shall retain and expend, for the same
purpose for which it is generated, all revenue received as payment for printing
and distributing copies of court rules and other agency documents.
SECTION 53.    (58.2) Chapter 1, Title 14 of the S.C. Code is amended by
adding:
    Section
14-1-310.  Every county shall provide for each
Administrative Law Judge residing therein, upon their request, an office within
the existing physical facilities if space is available, to include all
utilities and a private telephone. The request only may be made provided that
the judge's residence is not within fifty miles of the official headquarters of
the agency by which the administrative law judge is employed.
Part 33
Prosecution Coordination Commission
SECTION 54.    (60.1) Chapter 1, Title 8 of the S.C. Code is amended by
adding:
    Section
8-1-200. The amount appropriated for salaries of
solicitors must be paid to each full-time solicitor. Each full-time circuit
solicitor shall earn a salary not less than each full-time circuit court judge.
Part 34
State Law Enforcement Division
SECTION 55.    (62.1,
62.7, 62.8, 62.9, 62.14, 62.15)   Article 1, Chapter
3, Title 23 of the S.C. Code is amended by adding:
    Section
23-3-87. Funds awarded to the State Law Enforcement Division by either court
order or from donations or contributions must be deposited in a special account
with the State Treasurer, and must be carried forward from year to year, and
withdrawn from the Treasurer as needed to fulfill the purposes and conditions
of the said order, donations or contributions, if specified, and if not
specified, as may be directed by the Chief of the State Law Enforcement
Division. Funds expended from the special account must be reported annually by
October first to the Senate Finance Committee and the House Ways and Means
Committee.
    Section
23-3-90. The department is authorized to pay for the cost of physical
examinations for department personnel who are required to receive such physical
examinations prior to receiving a law enforcement commission.
    Section
23-3-92. The State Law Enforcement Division may provide meals to employees of
SLED who are not permitted to leave assigned duty stations and are required to
work during deployment, emergency simulation exercises, and when the Governor
declares a state of emergency.
    Section
23-3-95. The State Law Enforcement Division (SLED) is authorized to be
reimbursed for security-related law enforcement services provided to entities
authorized to transport sensitive materials within the borders of South
Carolina. SLED shall determine all costs associated with security details and
is authorized to coordinate the collection, retention, and distribution to any
assisting agency. SLED and each assisting agency shall expend any funds
associated with minimizing risks related to the transportation of these
hazardous materials for the implementation of homeland security initiatives.
    Section
23-3-97. The State Law Enforcement Division is authorized to collect, expend,
retain, and carry forward all funds received from other state or federal
agencies as reimbursement of expenditures incurred.
    Section
23-3-100.  The State Law Enforcement Division is
authorized to retain, expend, and carry forward all monies associated with
illegal gaming devices seized by the division, once orders of destruction and
awarding of these monies have been received from a court of competent
jurisdiction.
Part 35
Department of Public Safety
SECTION 56.    (63.1) Chapter 6, Title 23 of the S.C. Code is amended by
adding:
    Section
23-6-197.  The highway patrol may not charge any fee
associated with special events for maintaining traffic control and ensuring
safety on South Carolina public roads and highways unless approved by the
General Assembly. Nothing shall prohibit the Treasury of the State from
accepting voluntary payment of fees from private or public entities to defray
the actual expenses incurred for services provided by the Department of Public
Safety.
Part 36
Law Enforcement Training Council
SECTION 57.    (64.1,
64.2)    Chapter 23, Title 23 of the S.C. Code is
amended by adding:
    Section
23-23-170. In order to complete projects, the Law Enforcement Training Council,
Criminal Justice Academy is authorized to carry forward and expend federal and
earmarked funds.
    Section
23-23-180. The Law Enforcement Training Council,
Criminal Justice Academy is authorized to collect, expend, retain, and carry
forward all funds received from other state or federal agencies as
reimbursement of expenditures incurred when personnel and equipment are mobilized
and expenses are incurred due to an emergency.
Part 37
Department of Corrections
SECTION 58.    (65.1,
65.2, 65.4, 65.5, 65.7, 65.8, 65.9, 65.10, 65.11, 65.12, 65.14, 65.15, 65.16) Chapter 1, Title 24 of the S.C. Code is amended by
adding:
    Section
24-1-330.  Revenue derived wholly from the canteen operations within the
Department of Corrections on behalf of the inmate population, may be retained
and expended by the department for the continuation of the operation of said
canteens and the welfare of the inmate population or, at the discretion of the director,
used to supplement costs of operations. The canteen operation is to be treated
as an enterprise fund within the Department of Corrections and is not to be
subsidized by state-appropriated funds.
    Section
24-1-340.  Any unclaimed funds remaining in any inmate account, after
appropriate and necessary steps are taken to determine and contact a rightful
owner of such funds, must be deposited into the Inmate Welfare Fund.
    Section
24-1-350.  All funds received by the State from the United States Department of
Justice, State Criminal Alien Assistance Program, for care and custody of
illegal aliens housed in the state correctional facilities must be retained by
the South Carolina Department of Corrections to offset incurred expenses.
    Section
24-1-360.  A criminal offender committed to the custody of the Department of
Corrections, who has been evaluated to function at less than an eighth-grade
educational level, or less than the equivalent of an eighth-grade educational
level, may be required by department officials to enroll and actively
participate in academic education programs. Department of Corrections funds for
educational programs must be prioritized to assure such remedial services are
provided.
    Section
24-1-380.  All funds received by the South Carolina Department of Corrections
from the Social Security Administration under Section 1611 (e)(1)(I) of the
Social Security Act, which provides payment for information regarding
incarcerated Social Security Insurance recipients, must be retained by the
South Carolina Department of Corrections and credited to a fund entitled "Special
Social Security" for the care and custody of inmates housed in the state
correctional facilities.
    Section
24-1-390.  The Department of Corrections is authorized to charge inmates a
nominal fee for any medical treatment or consultation provided at the request
of or initiated by the inmate. A nominal copay must be charged for prescribed
medications. Inmates may not be charged for psychological or mental health
visits.
    Section
24-1-400.  The Director of the Department of Corrections, at his discretion, is
authorized to utilize prison industry funds for projects or services benefiting
the general welfare of the inmate population or to supplement costs of
operations. These funds may be carried forward to be used for the same purpose.
    Section
24-1-410.  The Department of Corrections may retain for general operating
purposes any reimbursement of funds for expenses incurred.
    Section
24-1-420.  Funds generated from the sale of real property owned by the
Department of Corrections must be retained by the department to offset
renovation and maintenance capital expenditures.
    Section
24-1-430.  Monies generated by inmates engaged in the cleaning and waxing of
private vehicles, or any other adult work activity center, must be placed in a
special account and utilized for the welfare of the inmate population.
    Section
24-1-440.  All funds received by the South Carolina Department of Corrections
from the Western Union Quick Collect Revenue Sharing Program or similar private
sector entities, which provides payment for processing electronic transfers
into the E.H. Cooper Trust Fund, must be retained by the South Carolina
Department of Corrections and credited to a fund entitled Inmate Welfare Fund
to be expended for the benefit of the inmate population.
    Section
24-1-450.  The Department of Corrections is authorized to charge an inmate who
participates in community programs a reasonable fee for the cost of supplying
electronic and telephonic monitoring. The fees charged may not exceed the
actual cost of the monitoring.
    Section
24-1-460.  The Department of Corrections may collect
and record private health insurance information from incarcerated individuals.
The department may file against any private insurance policy covering an inmate
to recoup any health care expenditures covered by the policy. Health care must
be provided in accordance with law and standards regardless of whether or not
an inmate is covered by insurance.
Part 38
Department of Probation, Parole and Pardon Services
SECTION 59.    (66.3) Article 1, Chapter 21, Title 24 of the S.C. Code is
amended by adding:
    Section
24-21-120. The department is authorized to carry
forward any unexpended funds in the sex offender monitoring program. These
funds must be used for the sex offender monitoring program. For the purpose of
calculating the amount of funds which may be carried forward by the department,
funds carried forward pursuant to this section are excluded from the
calculation of the carry forward authorized by annual general appropriations
act.
Part 39
Department of Juvenile Justice
SECTION 60.    (67.1,
67.2, 67.3, 67.5, 67.7, 67.8, 67.10, 67.11) Article
3, Chapter 19, Title 63 of the S.C. Code is amended by adding:
    Section
63-19-500. Revenue generated from sale of meal tickets by the department must
be retained and carried forward by the department and expended for the
operation of the department's cafeterias and food service programs.
    Section
63-19-510. The revenue returned to the interstate compact program must be
retained and carried forward by the department and expended for the operation
of the program.
    Section
63-19-520. Funds generated from the projects undertaken by children under the
supervision of the department may be retained by the department and utilized
for the benefit of those children. Such funds may be carried forward into the
following fiscal year.
    Section
63-19-530. The department may retain any reimbursement of funds for expenses
incurred in a previous fiscal year and may expend such funds for general
operating purposes.
    Section
63-19-540. After receiving approval from the Department of Administration or
State Fiscal Accountability Authority, for the sale of property, the department
is authorized to retain revenues associated with the sale of department-owned
real property and may expend these funds on capital improvements reviewed by
the Joint Bond Review Committee and approved by the State Fiscal Accountability
Authority.
    Section
63-19-550. The department may sell mature trees and other timber suitable for
commercial purposes from lands owned by the department. Before making such
sales, the director shall consult with the State Forester to determine economic
and environmental feasibility and to obtain approval for such sales. Funds
derived from timber sales must be retained and utilized for family support
services after setting aside a reasonable amount, as determined by the State
Forester, for reforestation of the lands from which the trees and timber are
sold.
    Section
63-19-560. The department is authorized to place juveniles in marine and
wilderness programs or other community residence programs operated by
nongovernmental entities. Juveniles receiving services in these community
residence programs must either be referred to such a program by the family
court as a condition of probation, released to such a program by the Board of
Juvenile Parole, or voluntarily agree to be assigned and released to such a
program by the Department of Juvenile Justice.
    Section
63-19-570. Juveniles committed to the Department of
Juvenile Justice who have been enrolled in, but not yet completed, a GED
educational program while at the department, upon release from the department, at
the discretion of the local school district, may enroll in either the juvenile's
local school district's regular education program, in their appropriate grade
placement, or enroll in that district's or county's adult education program. If
enrolled in an adult education program, the juvenile's eligibility for taking
the GED must be based upon the regulations promulgated by the Department of
Education for youth who are confined in, or under the custody of, the
Department of Juvenile Justice.
Part 40
Human Affairs Commission
SECTION 61.    (70.1,
70.2, 70.3)   Chapter 13, Title 1 of the S.C. Code
is amended by adding:
    Section
1-13-120.  All revenue derived from donations and registration fees received
for attendance at Human Affairs forums must be retained and carried forward and
expended for the purpose of general operations of the Human Affairs Commission.
    Section
1-13-130.  All revenue derived from fees received from training and technical
assistance provided by the Human Affairs Commission to entities other than
state agencies must be retained, carried forward, and expended for the purpose
of general operations of the commission.
    Section
1-13-140.  All revenue derived from providing
requested copies of commission files, final opinions, orders, and
determinations must be retained, carried forward, and expended for the purpose
of general operations of the commission.
Part 41
Commission for Minority Affairs
SECTION 62.    (71.1,
71.2, 71.3, 71.4, 71.5) Chapter 31, Title 1 of the
S.C. Code is amended by adding:
    Section
1-31-70. Monies derived from private sources for agency research, forums,
training, and institutes may be retained and expended by the commission for the
specified purpose. Any remaining balance may be carried forward and expended
for the same purpose.
    Section
1-31-80. Revenue derived from registration fees received from training and
institutes may be retained and carried forward by the commission for the
purpose of conducting future training and institutes.
    Section
1-31-90. Revenues pooled from public and private sources for the purpose of
awarding grants to address problems in the minority community may be retained
and carried forward by the commission.
    Section
1-31-100.  Bingo revenues received by the commission pursuant to Section
12-21-4200 may be carried forward into the next fiscal year.
    Section
1-31-110.  Revenue derived from photocopy fees and
other fees related to Freedom of Information Act requests from the general
public may be retained and carried forward by the commission.
Part 42
Office of Regulatory Staff
SECTION 63.    (73.1,
73.2, 73.3)   Chapter 4, Title 58 of the S.C. Code
is amended by adding:
    Section
58-4-140.  The Transportation Department of the Office of Regulatory Staff is
authorized to make refunds of fees which were erroneously collected.
    Section
58-4-150.  (A) The Office of
Regulatory Staff shall certify to the Department of Revenue the following
amounts to be assessed to cover appropriations:
       (1)
the amount applicable to the assessment on public utility, telephone utility,
radio common carrier, and electric utility companies as provided for by Section
58-4-60;
       (2)
the amount to be assessed against gas utility companies as provided for in
Section 58-5-940;      (3) the
amount to be assessed against electric light and power companies as provided
for in Sections 58-4-60 and 58-27-50; and
       (4)
the amount to be covered by revenue from motor transport fees as provided for
by Section 58-23-630, and other fees as set forth in Section 58-4-60.
    (B) The
amount to be assessed against railroad companies shall consist of all expenses
related to the operations of the railway subprogram of the agency's transportation
division, to include the related distribution of salary increments and employer
contributions not reflected in the related subprogram as set forth in Section
58-4-60.
    Section
58-4-160.  If the Office of Regulatory Staff
determines that a person or entity subject to Title 58 of the S.C. Code has
been assessed an amount greater than that authorized by Sections 58-4-60,
58-3-100, and 58-3-540, the Office of Regulatory Staff shall, at its
discretion: (a) refund the person or entity the amount of overcollection using
funds from the current fiscal year; (b) refund the person or entity the amount
of overcollection using any unexpended funds from the prior fiscal year; (c)
credit the amount the person or entity will be assessed in the next fiscal year
for the amount of overcollection; or (d) any combination of these. The Office
of Regulatory Staff, when determining the amount to be assessed in the next
fiscal year, may take into consideration any underpayment or overpayment by a
person or entity during a given year. Any unexpended funds from revenue
generated pursuant to this section may be retained and carried forward and
expended for the same purposes.
Part 43
Workers' Compensation Commission
SECTION 64.    (74.1) Chapter 3, Title 48 of the S.C. Code is amended by
adding:
    Section
48-3-260.  The agency shall retain all revenue
earned from educational seminars for the printing of educational materials and
other expenses related to conducting the seminar.
Part 44
State Accident Fund
SECTION 65.    (75.1) Article 1, Chapter 7, Title 42 of the S.C. Code is
amended by adding:
    Section
42-7-230.  The State Accident Fund may set and
collect fees for educational seminars. All revenue earned from educational
seminars must be retained by the agency and used for supplies, materials, and
other expenses relating to the seminars.
Part 45
Department of Consumer Affairs
SECTION 66.    (80.1) Chapter 1, Title 37 of the S.C. Code is amended by
adding:
    Section
37-1-304.  Funds paid to the Department of Consumer
Affairs in resolution of cases involving violations of the South Carolina
Consumer Protection Code and other statutes enforced by the department must be
carried forward and expended within the department's budget to help offset the
costs of investigating, prosecuting, and the administrative costs associated
with these violations.
Part 46
Department of Labor, Licensing and Regulation
SECTION 67.    (81.1,
81.2) Article 1, Chapter 3, Title 41 of the S.C.
Code is amended by adding:
    Section
41-3-150.  The Fire Academy may charge participants a fee to cover the cost of
education, training programs, and operations. The revenue generated may be
applied to the cost of operations, and any unexpended balance may be carried
forward and utilized for the same purposes.
    Section
41-3-160.  Revenue in the Real Estate Appraisal Registry account is not subject
to fiscal year limitations and shall carry forward each fiscal year for the
designated purpose.
SECTION 68.    (81.4) Article 1, Chapter 9, Title 23 of the S.C. Code is
amended by adding:
    Section
23-9-199.  The State Fire Marshal is authorized to accept gifts or grants of
services, properties, or monies from individuals or public and private
organizations to honor South Carolina firefighters who have died in the line of
duty. All excess monies collected to erect a memorial must be placed in a fund
for upkeep and maintenance. Any later contributions must be used for upkeep and
maintenance.
SECTION 69.    (81.6) Article 1, Chapter 3, Title 41 of the S.C. Code is
amended by adding:
    Section
41-3-170.  The Department of Labor, Licensing and
Regulation may carry forward funds that are required to provide a match for
federal grant programs and may be expended for the same purpose as originally provided.
Part 47
Department of Motor Vehicles
SECTION 70.    (82.1) Article 1, Chapter 1, Title 56 of the S.C. Code is
amended by adding:
    Section
56-1-560.  The Department of Motor Vehicles is
authorized to expend federal and earmarked funds in the current fiscal year for
expenditures incurred in the previous fiscal year.
Part 48
Department of Transportation
SECTION 71.    (84.3,
84.5, 84.7)   Article 2, Chapter 3, Title 57 of the
S.C. Code is amended by adding:
    Section
57-3-240.  The Department of Transportation is authorized to secure bonds and
insurance covering such activities of the department as determined proper and
advisable with due consideration being given to the security offered and the
service of claims.
    Section
57-3-250.  The Department of Transportation is authorized to establish an
appropriate schedule of fees to be charged for copies of records, lists, bidder's
proposals, plans, maps, and the like, based upon approximate actual costs and
handling costs of producing such copies, lists, bidder's proposals, plans,
maps, and the like.
    Section
57-3-260.  Rest areas of the Department of
Transportation must be charged in-district water rates by providers of water
and sewer services, unless the rate currently charged by the provider is less
than in-district rates.
Part 49
Division of Aeronautics
SECTION 72.    (87.2,
87.4, 87.5)   Chapter 1, Title 55 of the S.C. Code
is amended by adding:
    Section
55-1-110.  Revenue received from rental of division office space may be
retained and expended to cover the cost of building operations.
    Section
55-1-120.  The division shall provide hangar and parking facilities for
government-owned or operated aircraft on a first-come basis. Funds must be
retained by the division for the purpose of hangar and parking facility
maintenance. The hangar fee schedule must be determined by the division and
shall not exceed local average market rates. Personnel from the agencies owning
or operating aircraft are responsible for ground movement of their aircraft.
    Section
55-1-130.  (A) Funds appropriated
for aviation grants must be credited to the State Aviation Fund within the
Division of Aeronautics for the following purposes:
       (1)
to allow the maximization of grant funds available through the Federal Aviation
Administration for capital improvement projects;
       (2)
for maintenance projects of general aviation airports; and
       (3)
for aviation education-related programs including, but not limited to,
educating young people about careers in the aviation industry or the promotion
of aviation in general.
    (B) Sponsors
of publicly owned airports for public use are eligible to receive grants but
the airport must have a current development plan that meets the planning
requirements of the National Plan of Integrated Airports Systems. The
Aeronautics Commission shall promulgate regulations establishing the grants
program that, at a minimum, address:
       (1)
priorities among improvements qualifying for grants;
       (2)
an airport selection process to ensure an equitable distribution of funds among
eligible airports; and
       (3)
the criteria for distribution of funds among eligible airports.
    (C) Enabling
airport sponsors to meet basic Federal Aviation Administration safety
guidelines for obstruction clearance must be a major factor in the priority
guidelines established by the Aeronautics Commission pursuant to this section.
The commission also shall have discretion consistent with Section 55-5-170 to
establish a program to grant Aviation Fund dollars for these purposes at the
ratio of eighty percent from the fund to twenty percent from the local airport
sponsor, or any ratio with a smaller relative contribution from the fund. A
report on the expenditure of these funds must be submitted annually to the
Senate Finance Committee and the House Ways and Means Committee. Unspent funds
may be carried forward and spent for like purposes.
Part 50
Department of Administration
SECTION 73.    (93.7) Article 1, Chapter 11, Title 1 of the S.C. Code is
amended by adding:
    Section
1-11-498.  (A) The Department of
Administration is directed to administer and coordinate First Responder
Interoperability operations for the statewide Palmetto 800 radio system to
better coordinate public safety disaster responses and communications.
    (B)
The cost-proportional funds must be utilized for radio user fees of state
agencies and public safety-first responders (Fire, EMS and Law Enforcement)
that participate in the statewide Palmetto 800 radio system (Palmetto 800
participants). The Department of Administration, in consultation with the State
Law Enforcement Division, the Department of Public Safety, and the State
Emergency Management Division, and a representative of the South Carolina
Sheriff's Association, shall set a baseline number of radios used by each
Palmetto 800 participant based on the technical aspects of the Palmetto 800
radio system and the jurisdictional requirements of the participant.
    (C) If
a Palmetto 800 participant reduces the baseline number of radios in use, the
amount of funds allocated for the participant's radio user fees must be reduced
in a proportional amount. The funds must be utilized to provide private county
and city radio systems with grant funds to be used for purchases of equipment
that support interoperability with the statewide Palmetto 800 radio system and
its users. Grant funds must be allocated to private county and city radio
systems based on the criteria used for Palmetto 800 participants and in amounts
proportional to the amounts allocated to support the per-site radio user fees
of Palmetto 800 participants.
    (D) A
matching share is required by a Palmetto 800 participant or by a private county
or city radio system in order to qualify for receipt of funds pursuant to this
section.
    (E)
The Department of Administration shall establish the level of match required
based upon funding provided. These entities are required to furnish such
documentation as may be required by the department to verify that the matching
funds requirement is met. Upon funding state agency and public safety-first
responder user fees and private county and city equipment purchases, any
remaining funds may be used to enhance and expand the statewide Palmetto 800
radio system.
    (F)
All funds must be held in a separate account established by the department for
the purposes set forth herein. Any unexpended portion of these funds may be
carried forward and used for the same purpose. In the calculation of any
across-the-board budget reduction mandated by the Executive Budget Office or
General Assembly, the amount appropriated to the Department of Administration
for first responder interoperability must be excluded from the department's
base budget.
    (G)
The Department of Administration shall provide a report on the status of the
integration of the statewide Palmetto 800 radio system which must include, but
not be limited to, a list of entities who are not integrated into the system as
of June thirtieth and the reason why they are not integrated. The report must
be submitted by October first to the Chairman of the Senate Finance Committee
and the Chairman of the House Ways and Means Committee.
Part 51
Office of State Treasurer
SECTION 74.    (98.3) Article 1, Chapter 5, Title 11 of the S.C. Code is
amended by adding:
    Section
11-5-300.  The State Treasurer may pool funds from
accounts for investment purposes and may invest all monies in the same types of
investments as set forth in Section 11-9-660.
Part 52
Office of the Adjutant General
SECTION 75.    (100.2)
  Article 1, Chapter 1, Title 25 of the S.C. Code is
amended by adding:
    Section
25-1-180.  The maximum fee that an armory may charge
for the use of its premises for election purposes equals the cost of providing
custodial services, utilities, and maintenance.
Part 53
 Election Commission
SECTION 76.    (102.5,
102.9, 102.10)   Chapter 3, Title 7 of the S.C. Code
is amended by adding:
    Section
7-3-80.  Funds appropriated for recurring and nonrecurring general and primary
election expenses are exempt from mandated across the board reductions. In
addition, in the calculation of any across the board agency base reductions
mandated by the Executive Budget Office or the General Assembly, the amount of
funds appropriated for recurring and nonrecurring primary and general election
expenses must be excluded from the agency's base budget.
    Section
7-3-90.  The Election Commission is authorized to carry forward unexpended Help
America Vote Act funds and only may use these funds for the same purpose.
    Section
7-3-100. General fund appropriations for the purpose
of providing a match for federal funds received through the Help America Vote
Act must be moved to a restricted account in order that the funds may accrue
interest as per Section 254 (b)(1) of the Help America Vote Act. Unexpended
funds must be carried forward and must be utilized for special primaries,
runoffs, and elections. These funds also may be used to reimburse local
governmental entities for expenses incurred in the previous fiscal year
associated with special primaries, runoffs, and general elections.
Part 54
Department of Revenue
SECTION 77.    (109.2)
  Chapter 2, Title 12 of the S.C. Code is amended by
adding:
    Section
12-2-150.  Funds awarded to the Department of
Revenue by court order must be retained in a special account and be carried
forward from year to year, and expended as needed to accomplish the purposes
and conditions of said order if specified, and if not specified, as may be
directed by the Director of the Department of Revenue.
Part 55
General Provisions
SECTION 78.    (117.10) Chapter 1, Title 1 of the S.C. Code is amended by
adding:
Article 27
Statewide Provisions
    Section
1-1-1720.  Amounts appropriated to the Department of Public Health, Department
of Environmental Services, Department of Social Services, and Department of
Health and Human Services may be expended to cover program operations of prior
years where adjustment of such prior years are necessary under federal
regulations or audit exceptions. All disallowances or notices of disallowances
by any federal agency of any costs claimed by these agencies must be submitted
to the State Auditor, the Senate Finance Committee, and the House Ways and
Means Committee, within five days of receipt of such actions.
SECTION 79.    (117.11) Article 1, Chapter 101, Title 59 of the S.C. Code is
amended by adding:
    Section
59-101-440.  Student fees at the state institutions
of higher learning must be fixed by the respective boards of trustees as
follows:
    (1)
Fees applicable to student housing, dining halls, student health service,
parking facility, laundries and all other personal subsistence expenses must be
sufficient to fully cover the total direct operating and capital expenses of
providing such facilities and services over their expected useful life except
those operating or capital expenses related to the removal of asbestos.
    (2)
Student activity fees may be fixed at such rates as the respective boards determine
reasonable and necessary.
SECTION 80.    (117.12) Article 1, Chapter 53, Title 59 of the S.C. Code is
amended by adding:
    Section
59-53-110. Funds at technical education colleges derived wholly from the
activities of student organizations and from the operations of canteens and
bookstores may be retained by the college and expended only in accord with
policies established by the respective college's area commission and approved
by the State Board for Technical and Comprehensive Education.
SECTION 81.    (117.16) Article 1, Chapter 101, Title 59 of the S.C. Code is
amended by adding:
    Section
59-101-450.  Presidents of the University of South Carolina, Clemson
University, the Medical University of South Carolina, The Citadel, Winthrop
University, South Carolina State University, Francis Marion University,
University of Charleston, Coastal Carolina University, and Lander University
must not be paid a fixed allowance for personal expenses incurred in connection
with the performance of their official duties. Reimbursements may be made to
the presidents from funds available to their respective institutions for any
personal expenses incurred provided that all requests for reimbursement are
supported by properly documented vouchers processed through the normal
accounting procedures of the institutions.
SECTION 82.    (117.18) Article 1, Chapter 11, Title 1 of the S.C. Code is
amended by adding:
    Section
1-11-492.  Agency heads and deputy commissioners or deputy directors designated
by agency heads may receive reimbursements for business expenses incurred while
performing their official duties, provided that receipts are presented when
seeking reimbursement and justification is submitted to document the time,
place, and purpose of the expense as well as the names of the individuals
involved. The Department of Administration shall promulgate regulations
governing these expenses.
SECTION 83.    (117.28) Chapter 1, Title 1 of the S.C. Code is amended by
adding:
    Section
1-1-1730.  Any state agency and any higher education institution, including
four-year institutions, two-year institutions, and technical colleges, that
operate an early childhood development center or daycare facility shall charge,
at a minimum, fees that are comparable to those charged by private daycare
facilities in the local community. The institution or agency shall not restrict
enrollment in the center solely to the children of faculty, staff, and students
of the institution, and the fees must not be set at a lower level for faculty,
staff, or students of the institution or agency.
SECTION 84.    (117.30) Chapter 1, Title 1 of the S.C. Code is amended by
adding:
    Section
1-1-1740.  Notwithstanding any other provision of law, any state agency may
collect a service charge as provided in Section 34-11-70 to cover the costs
associated with the processing and collection of dishonored instruments or
electronic payments where any amount is not paid by the drawee due to
insufficient funds on deposit with the bank or the person upon which it was
drawn when presented, or the instrument contains an incorrect or insufficient
signature. Such funds must be retained and expended by the agency in accordance
with this purpose and any unused amount shall carry forward to the next fiscal
year.
SECTION 85.    (117.35) Chapter 49, Title 11 of the S.C. Code is amended by
adding:
    Section
11-49-180. State agencies are authorized to retain and carry forward any
unexpended Tobacco Settlement Agreement funds and to expend such funds for the
same purpose.
SECTION 86.    (117.36) Section 12-36-1310 of the S.C. Code is amended by adding:
    (D) There is exempt from the use tax
imposed pursuant to this chapter the sales price of tangible personal property
purchased for use in private primary and secondary schools, including
kindergartens and early childhood education programs, which are exempt from
income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code.
SECTION 87.    (117.37) Article 5, Chapter 10, Title 4 of the S.C. Code is
amended by adding:
    Section
4-10-610.  If the Personal Property Tax Exemption Sales Tax is imposed in a
county and a sales tax rate of two percent of gross proceeds of sales is
insufficient to offset the property tax not collected, sufficient amounts must
be credited to the Trust Fund for Tax Relief established pursuant to Section
11-11-150 to provide the reimbursement to offset such a shortfall in the manner
provided in Section 4-10-540(A).
SECTION 88. (117.41) Chapter 55, Title 11 of the S.C. Code is amended by
adding:
    Section
11-55-60.  The State Fiscal Accountability Authority shall evaluate and
determine whether the written determinations, explanations, and basis for sole
source procurements, pursuant to Section 11-35-1560, and emergency
procurements, pursuant to Section 11-35-1570, are legitimate and valid reasons
for awarding noncompetitive contracts.
SECTION 89. (117.43) Article 5, Chapter 1, Title 59 of the S.C. Code is
amended by adding:
    Section
59-1-498.  The Governor's School for the Arts and Humanities, Governor's School
for Science and Mathematics, Wil Lou Gray Opportunity School, and the Governor's
School for Agriculture at John de la Howe are authorized to charge, collect,
expend, and carry forward fees charged for facility and equipment rental and
registration.
SECTION 90. (117.44) Chapter 1, Title 1 of the S.C. Code is amended by
adding:
    Section
1-1-1750.  Any insurance reimbursement to an agency may be used to offset
expenses related to the claim. These funds may be retained, expended, and
carried forward.
SECTION 91. (117.45) Article 1, Chapter 11, Title 1 of the S.C. Code is
amended by adding:
    Section
1-11-499.  (A) All agencies,
departments, and institutions of state government shall furnish to the Human
Resources Division:
       (1)
a current personnel organizational chart annually no later than September first
of each year, or upon the request of the division; and
       (2)
notification of any change to the agency's organizational structure which
impacts an employee's grievance rights within thirty days of such change.
    (B)The
organizational chart must be in a form prescribed by the Human Resources
Division showing all authorized positions, class title, class code, position
number, and indications as to whether such positions are filled or vacant.
Additionally, the organizational chart shall clearly identify those employees
who are exempt from the State Employee Grievance Procedure Act.
SECTION 92. (117.56) Chapter 1, Title 1 of the S.C. Code is amended by
adding:
    Section
1-1-1760.  In addition to the purchase card rebate deposited in the general
fund, any incentive rebate premium received by an agency from the Purchase Card
Program may be retained and used by the agency to support its operations.
SECTION 93. (117.58) Section 12-36-2120 of the S.C. Code is amended by adding:
    (84) sales of viscosupplementation
therapies;
SECTION 94. (117.61) Chapter 1, Title 1 of the S.C. Code is amended by
adding:
    Section
1-1-1770.  Agencies and offices of the State of South Carolina that employ
attorneys are authorized, at their discretion, to use other appropriated funds,
including general fund carry-forward funds, to pay the costs of mandatory dues
owed to the South Carolina Bar Association.
SECTION 95. (117.63) Article 1, Chapter 3, Title 1 of the S.C. Code is
amended by adding:
    Section
1-3-70.  The annual Executive Budget proposed by the
Governor must be certified by the Director of the Revenue and Fiscal Affairs
Office or his designee in the same manner as the House Ways and Means and
Senate Finance Committee versions of the general appropriations bill are
certified.
Part 56
Statewide Revenue
SECTION 96. (118.3)
  Section 11-11-220 of the S.C. Code is amended by
adding:
    (C) After the appropriation of amounts
required pursuant to subsection (B), any remaining balance may be appropriated
by the General Assembly as it deems appropriate.
SECTION 97. The
numbers in parentheses following the individually numbered SECTIONS of this act
are references to paragraphs in Part IB of the general appropriations act for Fiscal
Year 2024-2025, and are for purposes of identification only.
SECTION 98. The
purpose of this, the Budget Proviso Codification Act, is to enact into
permanent law temporary provisions that are reenacted annually in the annual
general appropriations act. With respect to the imposition of fees and
assessments, this act must not be construed in a manner that would result in a
doubling of the fees and assessments by deeming them to be imposed cumulatively
pursuant to both temporary and permanent law.
SECTION 99. The repeal or amendment by this act
of any law, whether temporary or permanent or civil or criminal, does not affect
pending actions, rights, duties, or liabilities founded thereon, or alter,
discharge, release or extinguish any penalty, forfeiture, or liability incurred
under the repealed or amended law, unless the repealed or amended provision
shall so expressly provide.  After the effective date of this act, all
laws repealed or amended by this act must be taken and treated as remaining in
full force and effect for the purpose of sustaining any pending or vested
right, civil action, special proceeding, criminal prosecution, or appeal
existing as of the effective date of this act, and for the enforcement of
rights, duties, penalties, forfeitures, and liabilities as they stood under the
repealed or amended laws.
SECTION 100.  If any section, subsection,
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for
any reason held to be unconstitutional or invalid, such holding shall not
affect the constitutionality or validity of the remaining portions of this act,
the General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.
SECTION 101.  This act takes effect on July
1, 2025.
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This web page was last updated on February 21, 2025 at 02:26 PM