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3283Ratification Number: 622Act Number: 538Introducing Body: HouseSubject: Relating to the issuance of capital improvement bonds
(A538, R622, H3283)
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, TO INCREASE THE LIMITATION ON THE MAXIMUM AGGREGATE PRINCIPAL INDEBTEDNESS OF THE STATE; TO REQUIRE MONIES PREVIOUSLY AUTHORIZED FOR PARKS, RECREATION AND TOURISM BE EXPENDED ON IMPROVEMENTS AT MYRTLE BEACH STATE PARK INSTEAD OF ON A SWIMMING POOL; TO REALLOCATE MONIES PREVIOUSLY AUTHORIZED FOR THE MUSEUM COMMISSION TO THE BUDGET AND CONTROL BOARD FOR THE MOUNT VERNON MILL SITE DEVELOPMENT; TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT OF MENTAL HEALTH TO FINANCE VARIOUS PROJECTS FROM SURPLUS PAYING PATIENT FEE DEBT SERVICE FUNDS; TO REQUIRE THE JOINT BOND REVIEW COMMITTEE TO SCHEDULE THE AUTHORIZATIONS, AS PROVIDED IN THIS ACT, INTO THE STATEWIDE CAPITAL IMPROVEMENTS PRIORITY SCHEDULE; TO AMEND ACT 194 OF 1979, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF WINTHROP COLLEGE TO DEFINE PAID ADMISSIONS BY WRITTEN POLICY WITH AN EXCEPTION, AND TO DELETE THE AUTHORITY OF THE COLLEGE TO LEVY AN ADMISSIONS FEE; TO PROVIDE THAT NONE OF THE PROCEEDS OF THE ISSUANCE OF BONDS FOR THE SHOW AND SALE AGRIBUSINESS ARENA, OR ANY OTHER STATE MONEY, MAY BE USED TO PURCHASE LAND FOR THIS FACILITY; TO AMEND SECTION 46-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE FAMILY FARM DEVELOPMENT AUTHORITY, SO AS TO AUTHORIZE THE AUTHORITY TO SPONSOR OR PARTICIPATE IN PROGRAMS WITH OTHER ENTITIES WHICH MAY BE EMPOWERED TO MAKE LOANS TO FAMILIES OF THE BENEFICIARY CLASS AND PARTICIPATE IN AND COOPERATE WITH ANY PROGRAM OF ANOTHER AGENCY OF THE STATE OR A POLITICAL SUBDIVISION IN THE ADMINISTRATION OF ANY OF THE PROGRAMS AUTHORIZED BY OR THE EXERCISE OF ANY OF THE POWERS GRANTED BY CHAPTER 47 OF TITLE 46; AND TO AMEND SECTION 46-47-20, AS AMENDED, RELATING TO THE DEFINITIONS USED IN THE FAMILY FARM DEVELOPMENT AUTHORITY ACT, SO AS TO CHANGE THE DEFINITION OF "FARMERS AND FARM FAMILIES OF LOW AND MODERATE INCOME" BY INCREASING FROM ONE HUNDRED TWENTY-FIVE TO ONE HUNDRED FIFTY THE PERCENTAGE OF THE MEDIAN GROSS INCOME OF ALL FAMILIES IN THIS STATE ABOVE WHICH A PERSON WOULD NOT QUALIFY UNDER THIS DEFINITION.
Be it enacted by the General Assembly of the State of South Carolina:
Capital improvement bonds authorized
SECTION 1. Item (f) of Section 3 of Act 1377 of 1968, as last amended by Section 1 of Part V of Act 201 of 1985, is further amended by adding:
1) South Carolina Law Enforcement Division
1. Criminalistic lab/equipment $9,700,000
2. Renovations 300,000
TOTAL, SLED $9,700,000
2) Adjutant General's Office
1. Armory improvements 500,000
2. Major Renovations to Armories 357,750
TOTAL, Adjutant General $857,750
Vetoed by the Governor June 18, 1986, and sustained by the General Assembly June 19, 1986.
Provided, that the funds authorized above for "armory improvements" are allocated to specific
projects and then scheduled in the statewide capital improvement priority groups by the Joint Bond Review Committee.
Provided, further, that the issuance of bonds for Major Renovations to Armories provided for in this subitem is conditioned upon the State receiving matching federal funds in the amount of $478,250.
3) Budget and Control Board
1. Calhoun Building Renovations $6,087,000
2. Parking garage 4,500,000
3. Brown Building Renovations 300,000
4. Robert Mills Building
parking/fixtures 600,000 [STOPN]*
5. Contingency Fund
6. General Services-Asbestos
TOTAL, Budget and Control Board $14,954,000
Provided, that the Budget and Control Board is authorized to finance the Calhoun/general renovations with $124,635 of renovation reserve funds.
Provided, further, that the Budget and Control Board is authorized to finance the Columbia area microwave tower and network project with $1,822,400 of telephone revenues.
Provided, further, that any asbestos identified in State-owned buildings requiring emergency removal may be funded from the respective agency's capital improvement funds as authorized in this act.
Provided, further, the agency may request both the Joint Bond Review Committee and the Budget and Control Board to reallocate funding of specific capital improvement projects for immediate funding of emergency asbestos abatement.
4) The Citadel
1. Alumni Hall renovate
or replace $4,566,000
2. Deas Hall Energy
*Vetoed by the Governor June 18, 1986, and sustained by the General Assembly June 19, 1986.
3. McAlister Field House
Conversion & Renovation 4,252,789
TOTAL, Citadel $9,083,789
The Citadel is authorized to finance the following projects from gifts: $1,204,000 for Vandiver Hall; $3,534,000 for the Mark Clark Hall renovation and addition; and $120,000 for the Indian Hill landscaping.
The Citadel is also authorized to finance the following projects from excess debt service funds: $344,000 for the Special Student/visitor Housing and $275,000 for the Coward Hall kitchen renovation.
5) Clemson University
1. Waste treatment
plant improvements $2,112,534
2. Electrical distribution
system expansion 1,000,000
3. Jordon Hall Completion 350,000
4. Strom Thurmond Center Project-
Continuing Education Facility 5,000,000
TOTAL, Clemson University $8,462,534
6) College of Charleston
1. Expand Utilities $ 750,000
2. Renovations 700,000
3. Replace steam and
condensate lines 950,000
4. Purchase and renovation
125 Bull Street -- Avery
5. Purchase 9 Liberty Street
6. Craig Union Cafeteria
Renovation and Expansion 300,000
TOTAL, College of Charleston $5,900,000
Authorization is granted to the College of Charleston to finance the following project from plant improvement funds: $400,000 for the various facilities renovations.
Authorization is also granted to the College of Charleston to finance the 550 car parking garage from parking revenue bonds.
Authorization is granted to the State College Board of Trustees, as a governing body of the College of Charleston, to borrow from one or more banking institutions not exceeding $300,000 for a period of time not exceeding ten years and upon terms and conditions as the board, with the approval of the State Budget and Control Board, agrees upon, to issue its notes evidencing the borrowing, and to use the proceeds to defray the cost of issuing the notes and the cost of the renovation and expansion of the College of Charleston's cafeteria facilities. For the payment of the loan and the interest on the loan, there must be pledged certain revenues derived by the board from the sale of meals at the cafeteria facilities at the College of Charleston which, in the proceedings providing for the issuance of the notes, the board shall impose, or require the imposition of, charges for meals at the College of Charleston's cafeteria facilities adequate to defray the cost of the meals and to meet the payment of principal and interest on the notes as they become due. The borrowing must be evidenced by one or more notes of the board payable as to principal and interest solely from the revenues to be pledged for the authorized notes. The notes and the interest to become due on the notes have the tax-exempt status prescribed in Section 12-1-60 of the 1976 Code.
The State College Board of Trustees, as a governing body of the College of Charleston, is authorized to exercise its purchase option in accordance with the offer made by the owner of the premises on the southeast corner of Liberty and St. Philip Streets in Charleston, known as 9 Liberty Street, to accept the terms and conditions offered by the owner, including the acceptance of the gifts offered by him, and to issue notes and other evidences of indebtedness as required by the purchase. The funds presently appropriated under Step 12 of the Commission on Higher Education's appropriation formula must be utilized by the College of Charleston to pay the annual interest and principal until the time the purchase may be funded under this act. At this time, the General Assembly would remove the Step 12 funds in order to pay the bond indebtedness. If the General Assembly, in any year prior to funding the indebtedness with the issuance of bonds, does not continue to appropriate the funds currently provided in Step 12 of the Commission on Higher Education's appropriation formula, then the College of Charleston is authorized and directed to pledge student fee allocations and other special revenue sources to pay the annual principal and interest. The notes or evidences of indebtedness must be in the form and upon terms and conditions approved by the board and the State Budget and Control Board. The notes and the interest to become due on the notes have the tax-exempt status prescribed in Section 12-1-60 of the 1976 Code.
Provided, that the $300,000 authorized for Craig Union Cafeteria Renovation and Expansion is conditioned on the receipt of $300,000 from cafeteria revenues for completion of the project.
7) Francis Marion College
1. Computer Center $1,080,000
2. Library Expansion 2,392,000
TOTAL, Francis Marion College $3,472,000
8) Lander College
1. Physical Education Complex $10,027,000
TOTAL, Lander College $10,027,000
9a) USC Columbia
1. Renovations $ 6,000,000
TOTAL, USC Columbia $ 6,000,000
9b) USC Aiken
1. Science Building $ 7,400,000
TOTAL, USC Aiken $ 7,400,000
9c) USC Coastal
1. Renovations $ 1,800,000
TOTAL, USC Coastal $ 1,800,000
9d) USC Spartanburg
1. Classroom Building $ 5,500,000
2. Renovations 1,100,000
TOTAL, USC Spartanburg $ 6,600,000
9e) USC Beaufort
1. Elementary School
Acquisition $ 1,900,000
2. Campus Development 300,000
TOTAL, USC Beaufort $ 2,200,000
9f) USC Lancaster
1. Renovations $ 646,000
TOTAL, USC Lancaster $ 646,000
9g) USC Salkehatchie
renovations $ 195,000
TOTAL, USC Salkehatchie $ 195,000
9h) USC Sumter
1. Administration Building
Addition $ 2,000,000
TOTAL, USC Sumter $ 2,000,000
9i) USC Union
1. Renovations $ 500,000
TOTAL, USC Union $ 500,000
USC Union is granted authorization to acquire the Dawkins Court # 1 with private funds in the amount of $33,000.
TOTAL, University of
South Carolina $27,341,000
10) Winthrop College
1. Rutledge Renovations $ 1,300,000
2. McFeat Renovations 100,000
3. Withers Renovations $ 2,158,000
TOTAL, Winthrop College $ 3,558,000
Winthrop College is granted authorization to renovate Roddey Apartments and Bancroft with student and faculty housing revenue bonds in the amount of $2,898,000.
11) Medical University
1. Multipurpose Student Center $8,500,000
TOTAL, Medical University $8,500,000
12) Technical Education
1. Orangeburg/Calhoun Allied
Health Center $2,808,892
2. Midlands Multipurpose
Resource Center 5,920,000
3. Tri-county Learning
4. Piedmont Engineer
Technology Buildings 1,080,000
5. Sumter Area Technical
(a) Building 400-
Roof replacement 100,000
(b) Building 100-Class
(c) Building 200-
(d) Building 300-
Renovation damage 10,000
6. Horry-Georgetown Technical College/
Charles Hodges Tourism Center 300,000
TOTAL, Technical Education $13,618,892
Provided, that prior to the withdrawal from the State Treasurer of any of the funds authorized above for the Orangeburg/Calhoun Allied Health Center, Midlands Multipurpose Resource Center, Tri-county Learning Resource/Administration Building, and Piedmont Engineer Technology Buildings, the State Board for Technical and Comprehensive Education shall obtain and transmit to the Budget and Control Board a certificate from the appropriate official at such technical institutions stating that, as required by Section 6 of Act 654 of 1976, a minimum of twenty percent of the cost of each of the projects authorized in this subitem has been provided by the local support area.
13) Opportunity School
1. Repairs/improvements $250,000
TOTAL, Opportunity School $250,000
14) Vocational Rehabilitation
1. Rock Hill Center $775,000
TOTAL, Vocational Rehabilitation $775,000
Provided, that, the Department of Vocational Rehabilitation is authorized to accept as a gift from Greenville County the Holmesview Rehabilitation Center now leased by the department.
15) School for Deaf/Blind
1. Vocational Education
2. Improvements 200,000
TOTAL, School for Deaf/Blind $800,000
16) Department of Mental
1. Anderson Veterans Hospital 3,000,000
TOTAL, Department of Mental Health $3,000,000
The Department of Mental Health may use the
$3,000,000 in Capital Improvement Bonds authorized in this subitem to finance a portion of the cost of the Anderson Veteran's Hospital. The department may also use paying-patient-fee funds or a combination of the funds and the $3,000,000 in bonds authorized in this subitem, not to exceed $3,000,000, to finance the hospital. The State Budget and Control Board and the Joint Bond Review Committee shall determine the financing arrangements. The $3,000,000 authorized in this subitem is conditioned upon the receipt of six million dollars from federal funds.
17) Mental Retardation
1. Coastal Region Construction
and Renovations $800,000
2. Community Residences 1,500,000
TOTAL, Mental Retardation $2,300,000
Provided, that the Department of Mental Retardation may utilize $800,000 from the balance of state bonding authorized in Act 518 of 1980, for the "Renovation of Dormitories at Whitten Center", for construction and renovation in the Coastal Region.
18) John de la Howe School
1. Cottage Renovations $472,000
2. Repairs/Improvements 200,000
TOTAL, John de la Howe School $672,000
19) Commission for the Blind
The Commission for the Blind is authorized to finance the adult adjustment/training center with federal funds in the amount of $150,000.
20) Youth Services
1. Fire Safety Renovations $ 747,000
2. Improvements/Repairs 500,000
3. Greenville/Reg. Detention
TOTAL, Youth Services $1,247,000
21) Law Enforcement Training Council
1. New Cafeteria Construction $2,810,000
2. Renovate Existing Cafeteria to
3. Renovate Kitchen to Print Shop 95,500
4. Service Road and Parking 339,500
TOTAL Law Enforcement Training
*Vetoed by the Governor June 18, 1986, and sustained by the General Assembly June 19, 1986.
22) Forestry Commission
1. Newberry Office $416,586
TOTAL, Forestry Commission $416,586
23) Clemson PSA
1. Lehotsky Hall Renovation $1,140,000
2. Hobcaw Barony Renovation 415,000
3. Pendleton Road Insectary 337,000
4. Show and Sale Arena 4,400,000
5. South Carolina Agricultural
and Mechanical Society 750,000
TOTAL, Clemson PSA $7,042,000
Provided, that Clemson PSA is authorized to finance the Hobcaw Barony Laboratory with gifts in the amount of $100,000.
Provided, further, that funds authorized above for the South Carolina Agricultural and Mechanical Society must be used to improve and enlarge the livestock facility of the Society.
Provided, further, that all bonds authorized for the Show and Sale Arena and the South Carolina Agricultural and Mechanical Society by the provisions of this subitem must be issued at the same time.
24) Wildlife and Marine Resources
1. Renovations/Improvements $400,000
2. Communications System 3,900,000
TOTAL, Wildlife and
Marine Resources $4,300,000
25) Parks, Recreation and Tourism
1. Renovations/Improvements $6,000,000
2. Santee Canal State Park $2,900,000
3. Mountain Bridge Project 750,000
4. Welcome Center Orangeburg 35,000
TOTAL, Parks, Recreation and Tourism $9,685,000
Provided, that the funds authorized above for "Renovations/Improvements" must be allocated to specific projects and then scheduled in the statewide capital improvements priority group schedule by the Joint Bond Review Committee.
26) Patriots Point Development Authority
The Patriots Point Development Authority is authorized to finance the following projects from admission revenue: $35,000 for Sewer System Freeze Protection; $45,000 for Savannah Maritime Museum; $136,000 for Access
*Vetoed by the Governor June 18, 1986, and sustained by the General Assembly June 19, 1986.
Road/Parking Lot/Resurface; and $50,000 for Floating Pier Building.
27) Clarks Hill Authority
1. Property Acquisition/
TOTAL, Clarks Hill Authority $5,000,000
28) Employment Security Commission
1. Charleston Office $1,063,000
2. Chester Office 200,000
3. Aiken Office 286,000
4. Sumter Office 161,000
5. Spartanburg Office 500,000
6. Myrtle Beach Office 195,000
7. Bennettsville Office 228,000
8. Liberty Office 202,000
9. Seneca Office 202,000
10. Hilton Head Office 175,000
11. Walterboro Office 239,000
12. Georgetown Office 262,000
13. Lancaster Office 300,000
14. Rock Hill Office 421,000
15. Barnwell Office 193,000
16. Hartsville Office 223,000
17. Greenville Office 496,000
18. Gaffney Office 261,000
Security Commission $5,607,000
Provided, that the issuance of bonds authorized for the office buildings program is conditioned on an agreement with the appropriate federal authorities under which federal funds will be available to cover the retirement of the bonds.
29) Aeronautics Commission
1. Airport Improvements $3,000,000
TOTAL, Aeronautics Commission $3,000,000
Provided, that funds authorized above for "Airport Improvements" must be allocated to specific projects and then scheduled in the statewide capital improvements priority group schedule by the Joint Bond Review Committee.
Provided, further, that of the funds authorized above for the Aeronautics Commission, $40,000 must be allocated for the construction of hangars at the East Cooper Airport.
30) State Election Commission
1. Uniform Electronic Voting
Systems Pilot Project $ 984,810
TOTAL, State Election Commission $ 984,810
Provided, that the plans for the Uniform Electronic Voting Systems Pilot Project authorized above must be approved by the Budget and Control Board and the Joint Bond Review Committee prior to the issuance of any bonds for this project.
TOTAL, BOND AUTHORIZATIONS
FOR ALL AGENCIES $160,554,361
Aggregate principal indebtedness increased
SECTION 2. Section 4 of Act 1377 of 1968, as last amended by Act 179 of 1981, is further amended to read:
"Section 4. The aggregate principal indebtedness on account of bonds issued pursuant to this act shall not exceed $1,152,776,976.10. The limitation imposed by the provisions of this section shall not apply to bonds issued on behalf of the Mental Health Commission as provided in Act 1276 of 1970 and Act 1272 of 1970, or bonds issued on behalf of the Commission on Mental Retardation as provided in Act 1087 of 1970. 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 or reduced by acts amendatory of it. Within the limitations state capital improvements bonds may be issued under the conditions prescribed by this act."
Committee to schedule authorizations
SECTION 3. The Joint Bond Review Committee shall schedule the authorizations as provided in Section 1 of this act into the statewide capital improvements priority schedule it has previously adopted.
SECTION 4. Whereas, ambiguity exists as to the intention of the General Assembly in the enactment of Section 11 of Part I of Act 194 of 1979; and
Whereas, it remains clear that the Board of Trustees of Winthrop College is the proper body to determine the circumstances under which an admissions fee is levied on paid admissions to the athletic facilities authorized by subitem 10 of item (f) of Section 3 of Act 1377 of 1968, as added by Section 1 of Part I of Act 194 of 1979; and
Whereas, it is necessary to clarify Section 11 of Part I of Act 194 of 1979. Now, therefore,
Section 11 of Part I of Act 194 of 1979 is amended to read:
"Section 11. Prior to the issuance of the $6,620,000 authorized in subitem 10 of Section 1 of this act for Athletic Facilities-Construction and Equipment, Winthrop College shall execute a note to the State of South Carolina for all necessary funds in excess of $3,500,000. The note shall have a maturity schedule which shall not exceed forty years and shall not exceed $3,120,000 and shall bear such interest as may be determined by the Budget and Control Board.
To insure payment of this note, the Board of Trustees of Winthrop College may define paid admissions by written policy so long as this policy does not impair Winthrop College's obligation to provide the annual debt service of the indebtedness."
Authorization for Museum Commission
SECTION 5. (A) Subitem 28 of item (f) of Section 31 of Act 1377 of 1968, as added by Act 179 of 1981, is amended to read:
"28. MUSEUM COMMISSION:
Museum exhibits $ 1,000,000
TOTAL, Museum Commission 1,000,000
Provided, further, that the $1,000,000 for Museum Exhibits, authorized by this subitem, may be used only to acquire or construct exhibits which will have a useful life of greater than ten years, and that no exhibits acquired with these bond funds may be sold, traded, or otherwise disposed of within the ten-year period. Provided, further, that, in addition to the funds raised from other than state sources by the Museum Commission and used for architectural and engineering design work, the Museum Commission must raise not less than $1,100,000 additional to finance exhibits for the State Museum."
(B) Subitem 2A of item (f) of Section 31 of Act 1377 of 1968, as added by Act 179 of 1981, is amended to read:
"2A. BUDGET AND CONTROL BOARD:
1. Contingency Revolving
Fund $ 500,000
2.Mt. Vernon Mill Site
TOTAL, Budget and Control Board $3,500,000
Provided, that, in making the above authorization, it is the intent of the General Assembly to provide the funding needed to establish a revolving fund to be used to finance emergency permanent improvement repair and replacement projects. Agency proposals for using these funds must be submitted to the Budget and Control Board and to the Joint Bond Review Committee simultaneously. The Board shall promptly consider and forward its recommendations on each request to the Joint Bond Review Committee. No request may be recommended for approval by the Board and no request may be approved by the Joint Bond Review Committee unless both the Board and the Committee shall have unanimously determined that the repair and/or replacement project for which
funding is requested in a bona fide emergency which the requested funds, together with any other available funds, can address effectively. No institution of higher education, the Department of Mental Health, or the Department of Mental Retardation may request funds from this account.
Provided, further, that in order to maintain the revolving funds, any funds transferred to another agency or institution from the revolving fund must be included as a request for reimbursement to the fund in the next permanent improvement project survey."
Authorization - Parks, Recreation and Tourism
SECTION 6. Sub-subitem 16 of subitem 27 (Parks, Recreation and Tourism) of item (f) of Section 3 of Act 1377 of 1968, as added by Part I of Act 194 of 1979, is amended to read:
"16. Myrtle Beach--Improvements $375,000".
SECTION 7. Section 15 of Act 518 of 1980 is deleted.
Proceeds may not be used to purchase land
SECTION 8. None of the proceeds of the issuance of bonds for a Show and Sale Agribusiness Arena, or any other state money, shall be used to purchase land for this facility.
Powers of authority
SECTION 9. Item 29 of Section 46-47-70 of the 1976 Code is amended to read:
"29. Participate in and cooperate with the programs of the Farmers Home Administration, the Federal Land Banks, and any other agency or instrumentality of the United States and sponsor or participate in programs with other entities, including nonprofit corporations which may be empowered to make loans to farmers of the beneficiary class, and participate in and cooperate with any program of another agency of the State or a political subdivision in the administration of any of the programs authorized by, or the exercise of any of the powers granted by, this chapter."
SECTION 10. Item (9) of Section 46-47-20 of the 1976 Code, as last amended by Act 101 of 1985, is further amended to read:
"(9) 'Farmers and farm families of low and moderate income' means those farmers and families engaged in farming on a family farm from which their adjusted gross income is less than or falls between seventy-five and one hundred fifty percent of the 'median gross income' of all families in South Carolina as determined on the basis of the latest available statistics furnished to the authority by the Division of Research and Statistical Services of the State Budget and Control Board. Adjusted gross income is defined as in the Internal Revenue Code as defined in item (11) of Section 12-7-20. A deduction for each member of the family equal to an amount for personal exemptions as defined by Internal Revenue Code Section 151, as defined in item (11) of Section 12-7-20, is allowed in order to qualify a person or family as a member of the 'beneficiary class'."
SECTION 11. This act shall take effect upon approval by the Governor.