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H*3651 Session 109 (1991-1992)
H*3651(Rat #0256, Act #0522 of 1992) General Bill, By House Ways and Means
A Bill to amend Act 1377 of 1968, as amended, relating to the issuance of
Capital Improvement Bonds, so as to authorize the issuance of additional bonds
and revise existing bond authorizations and to amend the aggregate principal
indebtedness amount to conform to the provisions of this Act; to impose an
additional tax on the gross premium receipts less premiums returned on
canceled insurance policy contracts and less dividends and returns of
unabsorbed premium deposits of all fire insurance policy contracts and use the
proceeds from the tax to pay debt service associated with departmental capital
improvement bonds in the amount of twelve million five hundred thousand
dollars authorized for a fire academy pursuant to the provisions of this Act,
to require the fire academy constructed pursuant to this authorization to
contain the offices of the State Fire Marshal, and to provide that the
subtotals and total in Acts authorizing bonded indebtedness amended by this
Act are adjusted to reflect amendments contained in this Act.-amended title
03/19/91  House Introduced, read first time, placed on calendar
without reference HJ-26
03/21/91 House Debate adjourned until Tuesday, March 26, 1991 HJ-1
03/26/91 House Debate adjourned HJ-14
03/28/91 House Objection by Rep. Boan, McAbee, Carnell, Waldrop,
JW Johnson, HJ-21
03/28/91 House Objection by Rep. Klapman & Rama HJ-21
03/28/91 House Amended HJ-33
03/28/91 House Rejected HJ-42
03/28/91 House Pending motion-reconsider vote whereby rejected HJ-46
04/09/91 House Reconsider vote whereby Bill rejected HJ-11
04/10/91 House Amended HJ-41
04/10/91 House Read second time HJ-45
04/11/91 House Read third time and sent to Senate HJ-67
04/16/91 Senate Introduced and read first time SJ-18
04/16/91 Senate Referred to Committee on Finance SJ-18
05/30/91 Senate Recalled from Committee on Finance SJ-38
05/30/91 Senate Read second time SJ-39
05/30/91 Senate Ordered to third reading with notice of
amendments SJ-39
06/06/91 Senate Amended SJ-16
06/06/91 Senate Read third time and returned to House with
amendments SJ-26
06/06/91 House Debate adjourned HJ-56
06/06/91 House Reconsider whereby debate adjourned on Sen.
amendments HJ-91
06/06/91 House Debate interrupted HJ-106
09/23/91 House Senate amendment amended HJ-47
09/23/91 House Returned to Senate with amendments HJ-51
09/23/91 Senate Concurred in House amendment and enrolled SJ-31
09/23/91 Ratified R 256
01/15/92 Certain items vetoed by Governor
01/15/92 House Veto sustained on certain items: Yeas-095
Nays-000 HJ-21
01/15/92 See act for exception to or explanation of
effective date
01/15/92 Act No. 522
01/31/92 Copies available
10/07/92 Act No. 522
(R256, H3651)
AN ACT TO AMEND ACT 1377 OF 1968, AS AMENDED,
RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT
BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL
BONDS AND REVISE EXISTING BOND AUTHORIZATIONS AND
TO AMEND THE AGGREGATE PRINCIPAL INDEBTEDNESS
AMOUNT TO CONFORM TO THE PROVISIONS OF THIS ACT; TO
IMPOSE AN ADDITIONAL TAX ON THE GROSS PREMIUM
RECEIPTS LESS PREMIUMS RETURNED ON CANCELED
INSURANCE POLICY CONTRACTS AND LESS DIVIDENDS AND
RETURNS OF UNABSORBED PREMIUM DEPOSITS OF ALL FIRE
INSURANCE POLICY CONTRACTS AND USE THE PROCEEDS
FROM THE TAX TO PAY DEBT SERVICE ASSOCIATED WITH
DEPARTMENTAL CAPITAL IMPROVEMENT BONDS IN THE
AMOUNT OF TWELVE MILLION FIVE HUNDRED THOUSAND
DOLLARS AUTHORIZED FOR A FIRE ACADEMY PURSUANT TO
THE PROVISIONS OF THIS ACT, TO REQUIRE THE FIRE
ACADEMY CONSTRUCTED PURSUANT TO THIS
AUTHORIZATION TO CONTAIN THE OFFICES OF THE STATE
FIRE MARSHAL, AND TO PROVIDE THAT THE SUBTOTALS AND
TOTALS IN ACTS AUTHORIZING BONDED INDEBTEDNESS
AMENDED BY THIS ACT ARE ADJUSTED TO REFLECT
AMENDMENTS CONTAINED IN THIS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
Additional bonds authorized
SECTION 1. Item (f) of Section 3 of Act 1377 of 1968, as last
amended by an act of 1991 bearing ratification number 8, is further
amended by adding:
"1. State Law Enforcement Division
(a) Main Building Basement
Renovation 200,000
(b) Inmate Quarters/Tracking
Facility Replace/Renovate 288,700
(c) Narcotics Building Renovations365,000
Total, State Law Enforcement Division853,700
2. Adjutant General
(a) Pine Ridge Armory
(251st Evac. Hospital) 253,750
(b) Congaree Armory 607,200
(c) Pickens HAWK Armory 763,800
(d) Greenville HAWK Armory/DS
Facility 930,070
(e) Fountain Inn HAWK Armory 763,800
(f) Ware Shoals HAWK Armory763,800
(g) Greenville Organizational
Maintenance Shop 18,000
(h) Manning Armory 550,000
(i) Armory Improvements 250,000
Total, Adjutant General 4,900,420
Provided, the funds authorized above for new
armories cannot be expended until the
federal matching funds have been received.
3. Budget and Control Board
(a) S.C. State House Renovations1,250,000
(b) Governor's Mansion Complex-
Renovate/Refurbish-Phase II 1,800,000
Total, Budget and Control Board 3,050,000
Twelve million, five hundred thousand of Capital Improvement Bonds
for the South Carolina Fire Academy Replacement and the Budget and
Control Board-State Fire Marshal's Office are authorized as departmental
bonds pursuant to the authority and limitations of Section 2 of this act.
The Budget and Control Board-State Fire Marshal's Office and the Fire
Academy must be located in this facility.
4. The Citadel
Utility System Repair/
Replacement 7,691,040
Total, The Citadel 7,691,040
5. Clemson University (E&G)
(a) Engineering Innovation
Center 13,965,000
(b) Animal Diagnostic Lab Equipment242,000
Total, Clemson University 14,207,000
Provided, Clemson University must certify to the
Joint Bond Review Committee and Budget
and Control Board that the animal diagnostic
lab equipment has a useful life of at least
fifteen years before any funds can be expended.
6. College of Charleston
(a) Facilities Renovations 4,018,000
(b) Central Energy Plant
Expansion 1,960,000
Total, College of Charleston 5,978,000
7. Francis Marion College
McNair Science Building
Expansion 9,000,000
Total, Francis Marion College 9,000,000
8. Lander College
Old Main Renovation 12,828,739
Total, Lander College 12,828,739
9. South Carolina State College
Arts and Science Building 6,000,000
Total, South Carolina State College6,000,000
10. University of South Carolina
(a) Columbia: Music Building17,525,830
(b) Aiken: Business and
Education Building 9,500,000
(c) Beaufort: Penn Center
Renovations 900,000
(d) Lancaster: Auditorium/
Classroom Building 2,700,000
(e) Spartanburg:
Campus Life Center 4,000,000
(f) Sumter: Library Addition 4,934,300
(g) Coastal:
Humanities Building A&E 500,000
Total, University of South Carolina40,060,130
Provided, that the funds authorized in
subitem 10(c) above must be expended
in accordance with the Capital Campaign
proposal as submitted by Penn Center.
11. Winthrop College
(a) Infrastructure Modifications
and Renovations 6,272,000
(b) Sims Science Building
Addition/Renovation 9,000,000
Total, Winthrop College 15,272,000
12. Medical University of
South Carolina
Biomedical Research
Facility 11,366,040
Total, Medical University of
South Carolina 11,366,040
13. State Board for Technical and
Comprehensive Education
(a) Greenville: Library Classroom
Building Renovation 982,321
(b) Greenville: Nursing\Science
Building Phase 1 2,700,000
(c) Low Country: Allied Health
Instructional Facility
Replacement 1,960,000
(d) Trident: Learning Resources
Center Building 4,125,600
(e) York: Administration
Building Expansion 980,000
(f) Tri-County: HVAC Repairs100,000
Total, State Board for Technical
and Comprehensive Education 10,847,921
14. Wil Lou Gray Opportunity School
(a) Shower Vent System and
Shower Stall Improvements 225,000
(b) Mechanical System Upgrade185,000
Total, Wil Lou Gray Opportunity
School 410,000
15. School for the Deaf and
Blind
(a) Learning Resource Center1,126,425
(b) Health Center Roof
Replacement 25,000
(c) Student Affairs Building
Renovation 412,980
Total, School for the Deaf and
Blind 1,564,405
16. Archives and History
Wardlaw School Acquisition 2,500,000
Total, Archives and History 2,500,000
17. State Library
State Library Expansion/
Renovation Additional A&E250,000
Total, State Library 250,000
18. Department of Health and
Environmental Control
Cherokee County
Health Department Expansion 250,000
Total, Department of Health and
Environmental Control 250,000
19. Department of Mental Health
Five million, eight hundred eighty thousand dollars of capital
improvement bonds for the Charleston Area Mental Health Center are
authorized as departmental bonds under the authority and limitations of
Act 1276 of 1970.
20. John de la Howe School
(a) Cafeteria - HVAC 70,000
(b) Family and Child
Counseling Facility 1,248,014
Total, John de la Howe School 1,318,014
21. Department of Corrections
(a) Lee County Institution
Additional Funding 23,000,000
(b) Turbeville and Ridgeland
Institutions
Additional Funding 22,250,000
(c) 10 96-Bed Additions 6,464,933
(d) 1130-Bed Medium Institution37,750,000
(e) 576-Bed Replacement-
Aiken Youth Center 14,300,000
(f) General Renovations 1,292,933
Total, Department of Corrections105,057,866
22. Department of Youth Services
(a) Replacement Facility 9,960,961
(b) Equipment Replacement 114,942
(c) HVAC Repair/Replacement 45,137
(d) Floors Repair/Replacement 99,060
(e) Utility Line Repairs 30,214
(f) Road Repairs 50,058
(g) Group Homes Fire Codes/
Sanitation Renovations 258,860
(h) Juvenile Detention Center 137,800
Total, Department of Youth Services10,697,032
23. Department of Agriculture
Columbia Market:
Farmer/Trucker Facility 2,083,000
Total, Department of Agriculture 2,083,000
24. Clemson University (PSA)
Animal Research Compliance
Facility 4,406,000
Total, Clemson University (PSA) 4,406,000
25. Wildlife and Marine Resources
(a) Pickens: Cool Water Fish
Hatchery 400,000
(b) Charleston: Composite
Office Facility 300,000
(c) Lexington: Office and
Laboratory 225,000
(d) Charleston: Boiler
Replacement at Marine
Resources 60,000
(e) Charleston: Boat Slip and
Docking Facilities Renovation240,000
(f) Hampton: Webb Center 100,000
Total, Wildlife and Marine Resources1,325,000
26. Coastal Council
Folly Beach Beach Restoration 2,300,000
Total, Coastal Council 2,300,000
Of the funds authorized in this subitem, two million three hundred
thousand dollars must be used for the Folly Beach Restoration project
which must be matched by federal funds. Governmental entities
authorized by the Coastal Council may be reimbursed from these funds for
expenditures related to this project if the funds are not released in a timely
manner by the Budget and Control Board and the Joint Bond Review
Committee.
27. Department of Parks, Recreation
and Tourism
(a) State Parks: Utility
Repairs, Roads/Parking,
and General Improvements 2,500,000
(b) Recreation Land Trust Fund1,000,000
Total, Department of Parks, Recreation
and Tourism 3,500,000
28. State Development Board
Airline Hub 50,000,000
Total, State Development Board 50,000,000
29. Savannah Valley Authority
Aiken County Project 4,500,000
Total, Savannah Valley Authority 4,500,000
30. Aeronautics Commission
Airport Improvements 1,016,250
Total, Aeronautics Commission 1,016,250
31. Old Exchange Building
Roof Replacement 75,000
Total, Old Exchange Building 75,000
Total, All Agencies $283,307,557"
Tax to retire bonds
SECTION 2. (A) As an incident to the enactment of this Section, the
General Assembly makes the following findings:
(1) By Section 38-7-30 of the Code of Laws of South Carolina,
1976, the General Assembly has authorized a tax of one percent on the
gross premium receipts less premiums returned on canceled insurance
policy contracts less dividends and returns of unabsorbed premium
deposits of all fire insurance companies doing business in this State. The
proceeds of this tax are collected by the Chief Insurance Commissioner of
South Carolina.
(2) The South Carolina Fire Academy has requested the sum of
not exceeding twelve million, five hundred thousand dollars to defray the
cost of construction for the replacement of the Fire Academy which must
also contain Budget and Control Board - State Fire Marshal's office.
(3) The General Assembly has determined to raise this sum
through the issuance of general obligation capital improvement bonds of
the State not exceeding twelve million, five hundred thousand dollars
principal amount general obligation capital improvement bonds of the
State. It is the express intention of the General Assembly that these bonds
are to be payable in the first instance from the annual imposition of an
additional thirty-five one-hundredths percent tax on the gross premium
receipts less premiums returned on canceled policy contracts and less
dividends and returns of unabsorbed premium deposits of all fire insurance
companies doing business in the State.
(B) The General Assembly authorizes the issuance of General
Obligation State Capital Improvement Bonds to be issued as departmental
bonds in the following amount:
Budget and Control Board
South Carolina Fire Academy
Replacement and State Fire
Marshal's Office $12,500,000.
The State Fire Marshal's office must be relocated in the new facility
constructed with funds authorized in this subsection.
(C) In addition to the tax imposed pursuant to the provisions of
Section 38-7-30 of the 1976 Code, an additional tax of thirty-five
one-hundredths percent is imposed annually on the gross premium receipts
less premiums returned on canceled policy contracts and less dividends
and returns of unabsorbed premium deposits of all fire insurance
companies doing business in the State. This tax must be collected by the
Chief Insurance Commissioner as other taxes on fire insurance companies
are collected. All sums collected for this tax must be paid annually by the
commissioner to the State Treasurer for establishment of a fund to be used
by the State Treasurer to pay the debt service on the bonds issued pursuant
to the provisions of subsection (B). The additional tax imposed pursuant
to this subsection is imposed only so long as any of the bonds referred to
in this subsection remain outstanding and unpaid.
(D) The State Treasurer shall establish a special fund into which
proceeds of the additional tax authorized in subsection (C) must be
deposited upon their receipt from the Chief Insurance Commissioner. This
fund is designed to achieve a proper matching of monies to meet the debt
service obligations on the bonds authorized in this section in a given year.
Monies in the fund must be used solely to pay debt service on the bonds
and for no other purpose.
(E) Upon payment in full of the principal of, premium, if any, and
interest on the bonds authorized in this section, any remaining balances in
the special fund created in this section must be transferred by the State
Treasurer to the general fund of the State.
Aggregate principal indebtedness
SECTION 3. Section 4 of Act 1377 of 1968, as last amended by Act
638 of 1988, is further amended to read:
"Section 4. The aggregate principal indebtedness on account
of bonds issued pursuant to this act may not exceed $1,765,539,125.10.
The limitation imposed by the provisions of this section does not apply to
bonds issued on behalf of the Mental Health Commission as provided in
Acts 1276 and 1272 of 1970, or to bonds issued on behalf of the
Commission on Mental Retardation as provided in Act 1087 of 1970 or to
bonds issued on behalf of the South Carolina Fire Academy. The
limitation imposed by the provisions of this section is not considered to be
an obligation of the contract made between the State and holders of bonds
issued pursuant to this act, and the limitation imposed by the provisions of
this section may be enlarged by acts amending it or reduced by the
application of the Capital Reserve Fund or by amendments of this act.
Within these limitations state capital improvement bonds may be issued
under the conditions prescribed by this act."
Bond authorization revised
SECTION 4. (A) Sub-subitem (g), subitem 14 (State Board for
Technical and Comprehensive Education), item (f), Section 3 of Act 1377
of 1968, as added by Section 1 of Act 638 of 1988, is deleted.
(B) Sub-subitem (b), subitem 29 (Department of Parks, Recreation
and Tourism), item (f), Section 3 of Act 1377 of 1968, as added by Section
1 of Act 638 of 1988, is amended to read:
"(b) General Park
Improvements 2,080,000".
Bond authorization revised
SECTION 5. Sub-subitem (c), subitem 20 (Department of Mental
Health), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of
Act 638 of 1988, is amended to read:
"(c) Gibbes Building Renovation
and State Hospital Renovations900,000".
Bond authorization revised
SECTION 6. (A) Sub-subitem (j), subitem 24 (Department of Youth
Services), item (f), Section 3 of Act 1377 of 1968, as added by Section 1
of Act 638 of 1988, is amended to read:
"(j) Facility Roofing 309,284".
(B) Sub-subitem (j), subitem 24 (Department of Youth Services), item
(f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 638 of
1988, is amended by adding:
"(o) Juvenile Detention Center212,200".
Bond authorization revised
SECTION 7. (A) Subitem 31 (Ports Authority), item (f), Section 3 of
Act 1377 of 1968, as added by Section 1 of Act 638 of 1988, is amended
to read:
"31. Ports Authority
Charleston Harbor
Deepening 31,338,700
Total, Ports Authority 31,338,700".
(B) Subitem 29 (Department of Parks, Recreation and Tourism), item
(f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 638 of
1988, is amended by adding:
"(g) Hilton Head Island
Cultural Center 3,000,000".
(C) Item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of
Act 638 of 1988, is amended by adding:
"36. Richland Memorial Hospital
Cancer Treatment and
Research Center 3,000,000
Total, Richland Memorial Hospital3,000,000
37. City of North Charleston
Convention Center 3,000,000
Total, City of North Charleston3,000,000".
Bond authorization revised
SECTION 8. Subitem 34 (Horry County-Multipurpose Arena), item (f),
Section 3 of Act 1377 of 1968, as added by Section 1 of Act 638 of 1988,
is amended to read:
"34. Horry County
Multipurpose Arena 5,000,000
Total, Horry County
Multipurpose Arena 5,000,000
The funds authorized in this subitem for the Horry
County-Multipurpose Arena must be matched on a three-to-one value
basis as provided by the governing body of Horry County and any
governing body of any municipality in Horry County, donations in-kind,
and any other source of funds which may be obligated for the
arena."
Totals revised
SECTION 9. The subtotals and totals in acts authorizing bonded
indebtedness amended by this act are adjusted to reflect the amendments
contained in this act.
Time effective
SECTION 10. This act takes effect upon approval by the
Governor.
In the Senate House September 23, 1991.
Nick A. Theodore,
President of the Senate
Robert J. Sheheen,
Speaker of the House of
Representatives
Became law without signature of Governor
Please Note
Provision printed in italic boldface was vetoed by Governor on January 15,
1992. The House of Representatives sustained the veto on that date.
Unless, otherwise stated, provisions not vetoed by Governor took effect
January 15, 1992.
Printer's Date -- January 28, 1992 -- S.
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