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 (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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