Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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| Printed Page 1220, Feb. 29 | Printed Page 1240, Feb. 29 |

Printed Page 1230 . . . . . Thursday, February 29, 1996

Capital Projects Oversight Committee

Section 2-50-10. The General Assembly finds that a need exists for careful planning of permanent improvements and of the utilization of State general obligation and institutional bond authority in order to ensure the continued favorable bond credit rating our State has historically enjoyed. It further finds that the responsibility for proper management of these matters is placed upon the General Assembly by our State Constitution. It is the purpose of this resolution to further ensure the proper legislative response in the fulfillment of this responsibility.

Section 2-50-20. There is hereby established a Capital Projects Oversight Committee. The Capital Projects Oversight Committee shall consist of four members of the Ways and Means Committee, one of whom shall be the Ways and Means Committee Chairman and three other members who shall be appointed by the Chairman and four members of the Senate Finance Committee, one of whom shall be the Senate Finance Committee Chairman and three other members who shall be appointed by the Chairman.

Section 2-50-30. The committee is specifically charged with, but not limited to, the following responsibilities:

(1) To review, prior to approval by the Budget and Control Board, the establishment of any permanent improvement project and the source of funds for any such project not previously authorized specifically by the General Assembly.

(2) To study the amount and nature of existing general obligation and institutional bond obligations and the capability of the State to fulfill such obligations based on current and projected revenues.

(3) To recommend priorities of future bond issuance based on the social and economic needs of the State.

(4) To recommend prudent limitations of bond obligations related to present and future revenue estimates.

(5) To consult with independent bond counsel and other nonlegislative authorities on such matters and with fiscal officials of other states to gain in-depth knowledge of capital management and assist in the formulation of short and long-term recommendations for the General Assembly.

(6) To carry out all of the above assigned responsibilities in consultation and cooperation with the executive branch of government and the Budget and Control Board.

(7) To report its findings and recommendations to the General Assembly annually or more frequently if deemed advisable by the committee.


Printed Page 1231 . . . . . Thursday, February 29, 1996

Section 2-50-40. No project authorized in whole or in part for capital improvement bond funding under the provisions of Act 1377 of 1968, as amended, may be implemented until funds can be made available and until the Capital Projects Oversight Committee, in consultation with the Budget and Control Board, establishes priorities for the funding of the projects. The Capital Projects Oversight Committee shall report its priorities to the members of the General Assembly within thirty days of the establishment of the funding priorities.

Section 2-50-50. To assist the State Budget and Control Board (the board) and the Capital Projects Oversight Committee (the committee) in carrying out their respective responsibilities, any agency or institution requesting or receiving funds from any source for use in the financing of any permanent improvement project, as a minimum, shall provide to the Board, in such form and at such times as the Board, after review by the Committee, may prescribe: (a) a complete description of the proposed project; (b) a statement of justification for the proposed project; (c) a statement of the purposes and intended uses of the proposed project; (d) the estimated total cost of the proposed project; (e) an estimate of the additional future annual operating costs associated with the proposed project; (f) a statement of the expected impact of the proposed project on the five-year operating plan of the agency or institution proposing the project; (g) a proposed plan of financing the project, specifically identifying funds proposed from sources other than capital improvement bond authorizations; and (h) the specification of the priority of each project among those proposed.

All institutions of higher learning shall submit permanent improvement project proposal and justification statements to the Board through the Commission on Higher Education which shall forward all such statements and all supporting documentation received to the Board together with its comments and recommendations. The recommendations of the Commission on Higher Education, among other things, shall include all of the permanent improvement projects requested by the several institutions listed in the order of priority deemed appropriate by the Commission on Higher Education without regard to the sources of funds proposed for the financing of the projects requested.

The Board shall forward a copy of each project proposal and justification statement and supporting documentation received together with the Board's recommendations on such projects to the Committee for its review and action. The recommendations of the Commission on Higher Education shall be included in the materials forwarded to the Committee by the Board.


Printed Page 1232 . . . . . Thursday, February 29, 1996

No provision in this section or elsewhere in this chapter, shall be construed to limit in any manner the prerogatives of the Committee and the General Assembly with regard to recommending or authorizing permanent improvement projects and the funding such projects may require.

Section 2-50-60. The board shall establish formally each permanent improvement project before actions of any sort which implement the project in any way may be undertaken and no expenditure of any funds for any services or for any other project purpose contracted for, delivered, or otherwise provided prior to the date of the formal action of the board to establish the project shall be approved. State agencies and institutions may advertise and interview for project architectural and engineering services for a pending project so long as the architectural and engineering contract is not awarded until after a state project number is assigned. After the committee has reviewed the form to be used to request the establishment of permanent improvement projects and has reviewed the time schedule for considering such requests as proposed by the board, requests to establish permanent improvement projects shall be made in such form and at such times as the board may require.

Any proposal to finance all or any part of any project using any funds not previously authorized specifically for the project by the General Assembly or using any funds not previously approved for the project by the Board and reviewed by the Committee shall be referred to the Committee for review prior to approval by the Board.

Any proposed revision of the scope or of the budget of an established permanent improvement project deemed by the Board to be substantial shall be referred to the Committee for its review prior to any final action by the Board. In making their determinations regarding changes in project scope, the Board and the Committee shall utilize the permanent improvement project proposal and justification statements, together with any supporting documentation, considered at the time the project was authorized or established originally. Any proposal to increase the budget of a previously approved project using any funds not previously approved for the project by the Board and reviewed by the Committee shall in all cases be deemed to be a substantial revision of a project budget which shall be referred to the Committee for review. The Committee shall be advised promptly of all actions taken by the Board which approve revisions in the scope of or the budget of any previously established permanent improvement project not deemed substantial by the Board.

Section 2-50-70. All state agencies responsible for providing and maintaining physical facilities are required to submit an Annual Permanent


Printed Page 1233 . . . . . Thursday, February 29, 1996

Improvement Program (APIP) to the Capital Projects Oversight Committee and the Budget and Control Board. The APIP must include all of the agency's permanent improvement projects anticipated and proposed to be started in the upcoming year. The purpose of the APIP process is to provide the board and the committee with a comprehensive view of each agency's permanent improvement activities. Agencies must submit an APIP to the committee and the board on or before June 15 of each year. The APIP covers the next fiscal year period beginning July 1. The APIP for each higher education agency, including the technical colleges, must be submitted through the Commission on Higher Education which must review the APIP and provide its recommendations to the board and the committee. The board and the committee may develop policies and procedures to implement and accomplish the purposes of this section. The APIP must be approved by August first of the fiscal year for which the APIP applies.

The State shall define a permanent improvement only in terms of capital improvements, as defined by generally accepted accounting principles, for reporting purposes to the State.

Section 2-50-80. Each state agency and institution may accept gifts-in-kind for architectural and engineering services and construction of a value less than two hundred fifty thousand dollars with the approval of the Commission of Higher Education or its designated staff, the Director of the Division of General Services, and the Capital Projects Oversight Committee or its designated staff. No other approvals or procedural requirements, including the provisions of Section 11-35-10, may be imposed on the acceptance of such gifts.

Section 2-50-90. The Capital Projects Oversight Committee is hereby authorized and directed to regulate the starting date of the various projects approved for funding through the issuance of state highway bonds so as to ensure that the sources of revenue for debt service on such bonds shall be sufficient during the current fiscal year."

B. This section takes effect July 1, 1996./

Renumber sections & amend totals/title to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 176--RECONSIDERED AND ADOPTED

The motion of Rep. KOON to reconsider the vote whereby Amendment No. 176 was tabled was taken up.

Rep. McABEE moved to table the motion to reconsider.


Printed Page 1234 . . . . . Thursday, February 29, 1996

Rep. WITHERSPOON demanded the yeas and nays, which were taken resulting as follows:

Yeas 23; Nays 70

Those who voted in the affirmative are:

Cain                 Delleney             Harris, J.
Harris, P.           Hodges               Jennings
Keegan               Klauber              Lee
Littlejohn           McAbee               Phillips
Sandifer             Spearman             Stille
Stoddard             Stuart               Thomas
Tucker               Walker               Whipper, L.
Whipper, S.          Wilder

Total--23

Those who voted in the negative are:

Allison              Askins               Bailey
Baxley               Brown, G.            Brown, J.
Brown, T.            Byrd                 Cato
Cave                 Chamblee             Clyburn
Cobb-Hunter          Dantzler             Easterday
Felder               Fleming              Fulmer
Gamble               Govan                Hallman
Harrell              Harrison             Harvin
Hines, J.            Howard               Hutson
Inabinett            Kelley               Keyserling
Kinon                Kirsh                Knotts
Koon                 Limbaugh             Limehouse
Lloyd                Loftis               Marchbanks
Mason                McCraw               McTeer
Meacham              Moody-Lawrence       Neal
Rhoad                Rice                 Richardson
Riser                Robinson             Rogers
Scott                Seithel              Sharpe
Sheheen              Simrill              Smith, D.
Smith, R.            Tripp                Trotter
Vaughn               Wells                Whatley
White                Wilkes               Wilkins

Printed Page 1235 . . . . . Thursday, February 29, 1996

Witherspoon          Wofford              Worley
Young                

Total--70

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider, which was agreed to.

Rep. WITHERSPOON explained the amendment.

The question then recurred to the adoption of the amendment.

Rep. SHARPE demanded the yeas and nays, which were taken resulting as follows:

Yeas 75; Nays 21

Those who voted in the affirmative are:

Allison              Askins               Bailey
Breeland             Brown, G.            Brown, J.
Brown, T.            Byrd                 Cain
Cato                 Cave                 Chamblee
Clyburn              Cobb-Hunter          Cotty
Dantzler             Easterday            Felder
Fulmer               Gamble               Govan
Hallman              Harrell              Harris, J.
Harrison             Hines, J.            Howard
Hutson               Inabinett            Kelley
Keyserling           Kinon                Kirsh
Knotts               Koon                 Lee
Limbaugh             Limehouse            Lloyd
Loftis               Marchbanks           Mason
McCraw               McMahand             McTeer
Meacham              Moody-Lawrence       Neal
Phillips             Rhoad                Rice
Riser                Robinson             Rogers
Sandifer             Scott                Seithel
Sharpe               Sheheen              Shissias
Simrill              Smith, D.            Smith, R.
Tripp                Trotter              Vaughn
Wells                Whatley              Whipper, L.

Printed Page 1236 . . . . . Thursday, February 29, 1996

Whipper, S.          White                Wilkes
Wilkins              Witherspoon          Worley

Total--75

Those who voted in the negative are:

Davenport            Delleney             Harvin
Hodges               Jennings             Keegan
Klauber              Law                  Littlejohn
McAbee               Spearman             Stille
Stoddard             Stuart               Thomas
Tucker               Waldrop              Walker
Wilder               Wofford              Young

Total--21

So, the amendment was adopted.

PART 1A

SECTION 3G--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 3G was adopted was taken up and agreed to.

Reps. ROBINSON, McABEE and TUCKER proposed the following Amendment No. 128 (Doc Name P:\amend\dc.42), which was adopted.

Amend the bill, as and if amended, Part IA, Section 3G, Reorganization Committee, page 0018, line 05, opposite /Projects Coordinator (P)/ by decreasing the amount(s) in Column 5 and Column 6 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .197,361. . . . .197,361

. . . . .( ). . . . .( )

Amend the bill further, as and if amended, Part IA, Section 3G, Reorganization Committee, page 0018, line 08, / by decreasing the FTEs in Column 5 and Column 6 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .

. . . . .(1.00). . . . .(1.00)

Amend the bill further, as and if amended, Part IA, Section 3G, Reorganization Committee, page 0018, line 09, opposite /Admin. Asst/ by decreasing the amount(s) in Column 5 and Column 6 by:


Printed Page 1237 . . . . . Thursday, February 29, 1996

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .62,248. . . . .62,248

. . . . .( ). . . . .( )

Amend the bill further, as and if amended, Part IA, Section 3G, Reorganization Committee, page 0018, line 11, opposite /Temp Pos-Leg.SRC/ by decreasing the amount(s) in Column 5 and Column 6 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .10,000. . . . .10,000

. . . . .( ). . . . .( )

Amend the bill further, as and if amended, Part IA, Section 3G, Reorganization Committee, page 0018, line 12, opposite /Taxable Subsistence/ by decreasing the amount(s) in Column 5 and Column 6 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .2,000. . . . .2,000

Amend the bill further, as and if amended, Part IA, Section 3G, Reorganization Committee, page 0018, line 16, opposite /Other Oper Expenses/ by decreasing the amount(s) in Column 5 and Column 6 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .88,685. . . . .88,685

. . . . .( ). . . . .( )

Amend the bill further, as and if amended, Part IA, Section 3G, Reorganization Committee, page 0018, line 23, opposite /Employee Contributions/ by decreasing the amount(s) in Column 5 and Column 6 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .68,597. . . . .68,597

Amend the bill further, as and if amended, Part IA, Section 3G, Reorganization Committee, page 0018, line 13, opposite /Other personal service/ by decreasing the amount(s) in Column 5 and Column 6 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .7,185. . . . .7,185

Renumber sections and amend totals/title to conform

Rep. ROBINSON explained the amendment.

The amendment was then adopted.

Section 3G as amended was adopted.

SECTION 6B--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 6B was adopted was taken up and agreed to.


Printed Page 1238 . . . . . Thursday, February 29, 1996

Rep. QUINN proposed the following Amendment No. 16 (Doc Name P:\amend\JL.17), which was adopted.

Amend the bill, as and if amended, Part IA, Section 6B, SLED, page 30, line 22, opposite /CLASSIFIED POSITIONS/ by increasing the amount(s) in Column 5 and Column 6 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .35,056. . . . .35,056

. . . . .(1). . . . .(1)

Amend the bill further, as and if amended, Part IA, Section 6B, SLED, page 30, line 22, opposite /CLASSIFIED POSITIONS/ by increasing the amount(s) in Column 5 and Column 6 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .21,648. . . . .21,648

. . . . .(1). . . . .(1)

Amend the bill further, as and if amended, Part IA, Section 6B, SLED, page 33, line 26, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Column 5 and Column 6 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .8,477.32. . . . .8,477.32

. . . . .( ). . . . .( )

Amend the bill further, as and if amended, Part IA, Section 6B, SLED, page 33, line 26, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Column 5 and Column 6 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .5,460.25. . . . .5,460.25

. . . . .( ). . . . .( )

Renumber sections and amend totals/title to conform.

Rep. HUTSON proposed the following Amendment No. 112 (Doc Name P:\amend\ff.1), which was adopted.

Amend the bill, as and if amended, Part IA, Section 6B, Governor's Office-State Law Enforcement Division, page 0031, line 39, opposite /other operating expenses/ by decreasing the amount(s) in Column 5 and Column 6 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .100,000. . . . .100,000

. . . . .( ). . . . .( )

Amend the bill further, as and if amended, Part IA, Section 6B, Governor's Office-State Law Enforcement Division, page 0032, line 5, opposite /DNA Database Program/ by increasing the amount(s) in Column 5 and Column 6 by:


Printed Page 1239 . . . . . Thursday, February 29, 1996

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .100,000. . . . .100,000

. . . . .( ). . . . .( )

Renumber sections and amend totals/title to conform.

Section 6B as amended was adopted.

SECTION 11--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 11 was adopted was taken up and agreed to.

Rep. QUINN proposed the following Amendment No. 251 (Doc Name P:\amend\JL.16), which was adopted.

Amend the bill, as and if amended, Part IA, Section 11, ATTORNEY GENERAL, page 49, line 5, opposite /CLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 and Column 6 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .35,056. . . . .35,056

. . . . .(1). . . . .(1)

Amend the bill further, as and if amended, Part IA, Section 11, ATTORNEY GENERAL, page 49, line 5, opposite /CLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 and Column 6 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .21,648. . . . .21,648

. . . . .(1). . . . .(1)

Amend the bill further, as and if amended, Part IA, Section 11, ATTORNEY GENERAL, page 49, line 23, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Column 5 and Column 6 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .8,477.32. . . . .8,477.32

. . . . .( ). . . . .( )

Amend the bill further, as and if amended, Part IA, Section 11, ATTORNEY GENERAL, page 49, line 23, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Column 5 and Column 6 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .5,460.25. . . . .5,460.25

. . . . .( ). . . . .( )

Renumber sections and amend totals/title to conform.


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