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TO CONTINUE THE PROVISIONS OF ACT 115 OF 2005, THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2005-2006 AFTER JUNE 30, 2006, IF THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2006-2007 IS NOT IN EFFECT AS OF JULY 1, 2006, AND TO APPROPRIATE AND TRANSFER REVENUE FROM THE GENERAL FUND OF THE STATE TO MEET CONSTITUTIONAL AND STATUTORY MANDATED PURPOSES, AND FOR OTHER PURPOSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) If the general appropriations act for fiscal year 2006-2007 is not in effect on July 1, 2006, the provisions of Act 115 of 2005, the general appropriations act for fiscal year 2005-2006, otherwise scheduled to expire after June 30, 2006, are continued in effect until the general appropriations act for fiscal year 2006-2007 takes effect except as altered pursuant to subsection (B) of this section.
(B) Notwithstanding the provisions of subsection (A) of this section and effective July 1, 2006:
(1) there is transferred or appropriated, as appropriate, whatever amounts of general fund revenues of the State necessary to maintain the constitutional general reserve fund and establish the constitutional capital reserve fund at the required amounts and whatever amounts are necessary to service general obligation debt of the State;
(2) there is appropriated from the general fund of the State to the Local Government Fund $19,115,137 to supplement appropriations required pursuant to the State Aid to Subdivisions Act;
(3) the Trust Fund for Tax Relief is established in the amount of $504,644,634;
(4) there is appropriated from the general fund of the State to the appropriate accounts $52,169,441 to supplement the Employee Pay Plan and paragraph 63.38, Part IB, Act 115 of 2005 is redesignated paragraph 63.32 and is amended to read:
"63.32 (BCB: Employee Compensation) The amounts appropriated to the Budget and Control Board for Employee Pay Increases must be allocated by the Board to the various state agencies to provide for employee pay increases in accordance with the following plan:
1. With respect to classified and non-judge judicial classified employees, effective on the first pay date that occurs on or after July 1 of the current fiscal year, the compensation of all classified employees shall be increased by
2. With respect to unclassified and non-judge judicial unclassified employees or unclassified executive compensation system employees not elsewhere covered in this Act, effective on the first pay date that occurs on or after July 1 of the current fiscal year each agency is authorized to allot the total funds for compensation increases among individual employees without uniformity. The funds provided for compensation increases for any employees subject to the provisions of this paragraph are based on an average
4% 3% increase. All of the salaries are subject to the provisions of Section 72.19 of Part IB of this Act and Office of Human Resources' approval must be obtained before any employees subject to the provisions of this paragraph may be granted an annual pay increase in excess of the guidelines established by the Budget and Control Board. Any employee subject to the provisions of this paragraph shall not be eligible for compensation increases provided in paragraphs 1, 3, 4, 5, 6, or 7.
3. With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary Commission shall recommend to the Budget and Control Board salary increases for agency heads. Agency head increases shall be effective on the first pay date that occurs on or after January 1 of the current fiscal year. No agency head shall be paid less than the minimum of the pay increase range nor receive a salary increase that would have the effect of raising the salary above the maximum of the pay range.
4. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, agency heads not covered by the Agency Head Salary Commission, shall receive an annualized base pay increase of
5. With respect to local health care providers
and school bus drivers, compensation increases shall be 4% 3% effective on the first pay date that occurs on or after July 1 of the current fiscal year. With respect to Area Agencies on Aging funded by the Lieutenant Governor's Office on Aging, compensation shall be increased by 4% 3% effective on the first pay date that occurs on or after July 1 of the current fiscal year. With respect to local councils on aging or local providers of services funded by the Lieutenant Governor's Office on Aging through Area Agencies on Aging, no pay increases will be allowed. School Bus Driver salary and fringe funding to school districts shall be increased by 3%.
6. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, the Chief Justice and other judicial officers shall receive an annualized base pay increase of
7. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, county auditors and county treasurers shall receive an annualized base pay increase of
The Budget and Control Board shall allocate associated compensation increases for retirement employer contributions based on the retirement rate of the retirement system in which individual employees participate.
The Executive Director of the Budget and Control Board is authorized to use excess appropriations for the current fiscal year, as determined by the Director of the Office of State Budget, designated for statewide employer contributions for other statewide purposes. At the discretion of the Executive Director of the Budget and Control Board, such action may be considered a permanent transfer into the receiving agency's base budget.
Funds appropriated in F30, Section 63B, Budget and Control Board, Employee Benefits may be carried forward from the prior fiscal year into the current fiscal year.";
(5) there is appropriated from the general fund of the State to the State Budget and Control Board Employee Benefits $30,503,922 to supplement employer contributions for employee health insurance;
(6)(a) there is appropriated from the general fund of the State $760,000 to the State Budget and Control Board for Employee Benefits for additional POV mileage reimbursement which must be allocated to state agencies by the Office of State Budget of the State Budget and Control Board in the same proportion as the agencies' general fund expenditures for mileage in the fiscal year ending June 30, 2006.
(b) All references to 34.5 cents per mile in paragraph 72.26J, Part IB, Act 115 of 2005 must be construed to read 44.5 cents.
(c) Subparagraphs a and f of paragraph 54.4, Part IB, Act 115 of 2005, are amended to read:
"a. Members of the General Assembly shall receive subsistence expense equal to the maximum allowable by regulation of the Internal Revenue Code, for the Columbia area for each legislative day that the respective body is in session and in any other instance in which a member is allowed subsistence expense.
However, the subsistence expense received by the members of the General Assembly is not to exceed the subsistence expense level established by the IRS as of January 1, 2001. No member of the General Assembly except those present are eligible for subsistence on that day. Legislative day is defined as those days commencing on the regular annual convening day of the General Assembly and continuing through the day of adjournment sine die, excluding Friday, Saturday, Sunday, and Monday.
Notwithstanding the provisions contained herein and in proviso 72.26 (Travel - Subsistence Expenses & Mileage), mileage Mileage reimbursement and per diem for members of the General Assembly shall not exceed the level authorized by the IRS as of January 1, 2001 be at the rate provided for by law.";
(7)(a) there is appropriated from the general fund of the State to the State Department of Education $69,554,465 to supplement appropriations for the Education Finance Act;
(b) Paragraph 1.3, Part IB, Act 115 of 2005 is amended to read:
"1.3. (SDE: EFA Formula/Base Student Cost Inflation Factor) To the extent possible within available funds, it is the intent of the General Assembly to provide for 100 percent of full implementation of the Education Finance Act to include an inflation factor projected by the Division of Budget and Analyses to match inflation wages of public school employees in the Southeast. The base student cost for the current fiscal year has been determined to be
$2,290 $2,367. In Fiscal Year 2005-06 2006-07, the total pupil count is projected to be 670,433 677,092. The average per pupil funding is projected to be $4,296 $4,357 state, $964 $1,086 federal, and $4,566 $5,333 local. This is an average total funding level of $9,826 $10,776 excluding revenues of local bond issues.
Any unallocated Education Finance Act funds at the end of the current fiscal year must be allocated to the school districts for school building aid on a nonmatching basis on the same basis that districts receive Education Finance Act allocations and/or for Summer School."
(8)(a) there is appropriated from the general fund of the State to the Department of Health and Human Services $109,000,000 for Medicaid annualization and growth.
(b) Paragraph 8.20, Part IB, Act 115 of 2005 is amended to read:
"8.20. (DHHS: Hospital Tax - Medicaid Expansion Fund)
Notwithstanding the provisions of Section 12-23-810(C) of the 1976 Code, for the current fiscal year, total annual revenues of the The tax on licensed hospitals imposed pursuant to Article 11, Chapter 23, Title 12 of the 1976 Code, must initially equal forty-nine and one-half two hundred and sixty four million dollars. The amount of each general hospital's tax shall be derived from Schedule B, Part 1 of each hospital's cost report. The initial annual tax shall be collected, beginning July 1, 2006, based upon the reconciled account of each general hospital under this Article considering any partial payments or uncollected portion of the previous assessment under this Article for the fiscal year ending June 30, 2006 and upon notification from the Department of Revenue, on behalf of and based upon calculations performed by the Department of Health and Human Services, each general hospital shall remit the balance due based on a payment schedule as determined by the Department of Health and Human Services. Furthermore, beginning July 1, 2006, on the first day of each quarter, each general hospital shall remit one-fourth of a second and each successive annual tax, as calculated above, based upon operations conducted during the fiscal year ending June 30, 2007 and each successive state fiscal year, to the Department of Revenue. The tax must be paid for each quarter a hospital is in operation. If a hospital ceases operations, the taxes not paid as a result of the cessation of operations must be apportioned among other hospitals in operation. In addition to the purposes specified in Section 44-6-155, monies in the Medicaid Expansion Fund shall be used to provide healthcare coverage to the Medicaid-eligible and uninsured populations in South Carolina."
(C) After the amounts appropriated in this joint resolution, any additional fiscal year 2005-2006 Supplemental General Fund or Education Improvement Act revenue or fiscal year 2006-2007 General Fund or Education Improvement Act revenue recognized in the latest revenue forecast by the Board of Economic Advisors is available to be appropriated by the General Assembly for the operations of State Government at the next meeting of the General Assembly. It is further provided that during the interim between June 1, 2006, and the next meeting of the General Assembly, the State Budget and Control Board is authorized to obligate any of these revenues to meet the demands of any natural disasters declared by the Governor. To the extent so obligated, these funds are deemed appropriated may be expended for that purpose.
(D) During the continuation of the provisions of Act 115 of 2005 as allowed by this joint resolution, amounts appropriated pursuant to Act 115 of 2005 as supplemented by the appropriations provided pursuant to subsection (B) of this section, must be expended ratably.
(E) All funds appropriated pursuant to subsection (B) of this joint resolution in excess of the applicable 2005-2006 base budget appropriations are deemed to have been appropriated pursuant to the annual general appropriations act for fiscal year 2006-2007 when that act takes effect.
SECTION 2. This joint resolution takes effect upon approval by the Governor.
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