South Carolina Legislature MobileReference is to Printer's Date 1/26/11-H.
Amend the bill, as and if amended, by deleting SECTIONS 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, and 25, as contained in PART II, pages 4-16, and inserting:
/ SECTION 2.A. Article 2, Chapter 101, of the 1976 Code is amended by adding:
"Section 59-101-670.
(A) Project Proposals.
Notwithstanding another provision of law, a public institution
of higher learning that intends to establish a permanent
improvement project shall submit a preliminary request to the
Joint Bond Review Committee and receive favorable review from
the Joint Bond Review Committee before any funds may be expended
for architectural and engineering services for the project. In
addition, the public institution of higher learning shall submit
the permanent improvement project proposal to the Commission on
Higher Education for information purposes only. The commission
may make nonbinding recommendations concerning the proposal to
the Joint Bond Review Committee and the public institution of
higher learning. A preliminary request shall include:
(1)
a complete description of the proposed project;
(2)
a statement of justification of the proposed project;
(3)
a statement of the purposes and intended uses of the
proposed project;
(4)
the estimated total cost of the proposed project;
(5)
an estimate of the additional future annual operating
costs associated with the proposed project;
(6)
a statement on the expected impact of the proposed project
on the five-year operating plan of the public institution
proposing the project;
(7)
a proposed plan of financing the project, specifically
identifying funds proposed from sources other than capital
improvement bond authorizations; and
(8)
the specification of the priority of each project among
those proposed.
(B) Project
Establishment. Upon completion of the architectural and
engineering plans, including an estimated total cost of the
project, a public institution of higher learning concurrently
shall submit to the Joint Bond Review Committee and the Budget
and Control Board the project proposal for review by both
bodies. In addition, the public institution of higher learning
shall submit the permanent improvement project proposal to the
Commission on Higher Education for information purposes only.
The commission may make nonbinding recommendations concerning
the proposal to the Joint Bond Review Committee, the Budget and
Control Board, and the public institution of higher learning.
In making its proposal, the public institution of higher
learning shall include:
(1)
a complete description of the proposed project;
(2)
a statement of justification of the proposed project;
(3)
a statement of the purposes and intended uses of the
proposed project;
(4)
the estimated total cost of the proposed project;
(5)
an estimate of the additional future annual operating
costs associated with the proposed project;
(6)
a statement on the expected impact of the proposed project
on the five-year operating plan of the public institution
proposing the project;
(7)
a proposed plan of financing the project, specifically
identifying funds proposed from sources other than capital
improvement bond authorizations; and
(8)
the specification of the priority of each project among
those proposed.
(C) The Joint Bond
Review Committee and the Budget and Control Board shall notify
the institution of their favorable review or approval of the
permanent improvement project, as per their authority, within
forty-five days of receipt of the proposal. The review of the
Joint Bond Review committee must be rendered by the collective
body. The Budget and Control Board only is required to meet to
discuss the project if the Governor with an additional two of
the five members of the board express opposition or concerns of
the project in writing. This letter must be sent by the
Governor's office to all Budget and Control Board members and
the public institution of higher learning Board of Trustees
within the forty-five day time period. A permanent improvement
project proposal is deemed to be favorably reviewed by the Joint
Bond Review Committee and approved by the Budget and Control
Board if either fails to notify the public institution of higher
learning of its finding within forty-five days of receipt of the
proposal.
(D) Except as provided
in subsection (E)(2), a proposal to finance all or any part of
any project using any funds not previously authorized
specifically for the permanent improvement project by the
General Assembly or using any funds not previously approved for
the project must be referred to the Joint Bond Review Committee
for its review and the Budget and Control Board for its approval
prior to implementation by the public institution of higher
learning.
(E)(1) A proposed
revision of the scope that exceeds the total cost of subsection
(E)(2) is deemed substantial and must be reviewed by the Joint
Bond Review Committee and approved by the Budget and Control
Board prior to any final action by the public institution of
higher learning. In making their determinations regarding
changes in project scope, the committee and board shall utilize
the permanent improvement project proposal and justification
statements, together with supporting documentation considered at
the time the project was authorized or established originally.
Except as provided in subsection (E)(2), a proposal to increase
the budget of a previously approved project by the institution
of higher learning must be deemed in all cases to be a
substantial revision of a project budget which must be referred
to the committee for review and to the board for its
approval.
(2)
Notwithstanding subsection (E)(1), a previously approved
improvement project undertaken by a public institution of higher
learning, whose total costs increase not more than ten percent
of the most recently approved total costs, not to exceed two
million dollars, is not required to have that proposal reviewed
by the Joint Bond Review Committee and the Budget and Control
Board. The proposal, however, is subject to staff level review
of the Joint Bond Review Committee.
(F)(1) For purposes of
this section, with regard to public institutions of higher
learning, a permanent improvement project is defined as:
(a)
acquisition of land costing more than two hundred fifty
thousand dollars. For the acquisition of land costing two
hundred fifty thousand dollars or less, the proposal is subject
to staff level review;
(b)
acquisition, as opposed to the construction, of buildings
or other structures costing more than two hundred fifty thousand
dollars. For the acquisition, as opposed to construction, of
building or other structures costing two hundred fifty thousand
dollars or less, the proposal is subject to staff level review;
(c)
work on existing facilities for any given project
including their renovation, repair, maintenance, alteration, or
demolition in those instances in which the total cost of all
work involved is one million dollars or more;
(d)
capital lease purchase of a facility acquisition or
construction in which the total cost is one million dollars or
more;
(e)
equipment that either becomes a permanent fixture of a
facility or does not become permanent but is included in the
construction contract must be included as a part of a project in
which the total cost is one million dollars or more; and
(f)
new construction of a facility that exceeds a total cost
of five hundred thousand dollars.
(2)
A permanent improvement project that meets the definition
provided in subsection (F)(1) must become a project, regardless
of the source of funds.
(G) For projects
submitted to the Joint Bond Review Committee and the Budget and
Control Board for review, the committee and the board may
request the assistance of the Office of the State Treasurer to
review the feasibility and financing structure of the
project.
(H) For purposes of
establishing permanent improvement projects, Clemson University
Public Service Activities (Clemson-PSA) and South Carolina State
University Public Service Activities (SC State-PSA), are subject
to the provisions of this chapter."
B. The general effective date otherwise provided in this act does not apply the provisions of this section. The provisions of this section become effective upon approval by the Governor and apply to proposals offered by a public institution of higher learning offered after the effective date of this act. /
Renumber sections to conform.
Amend title to conform.