View Amendment Current Amendment: 9 to Bill 3410 Reps. QUINN, BINGHAM, MERRILL and OWENS propose the following Amendment No. 9 to H. 3410 (COUNCIL\AGM\18870BH11):

Reference 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.