South Carolina General Assembly
109th Session, 1991-1992

Bill 3651


                    Current Status

Introducing Body:               House
Bill Number:                    3651
Ratification Number:            256
Act Number:                     522
Primary Sponsor:                Committee (30)
Type of Legislation:            GB
Subject:                        Capital Improvements Bond
                                Bill
Date Bill Passed both Bodies:   Sep 23, 1991
Computer Document Number:       NO5/18302.DW
Governor's Action:              V
Date of Governor's Action:      Jan 15, 1992
Introduced Date:                Mar 19, 1991
Date of Last Amendment:         Sep 23, 1991
Last History Body:              ------
Last History Date:              Oct 07, 1992
Last History Type:              Act No. 522
Action on Governor's Veto:      S
Scope of Legislation:           Statewide
Sponsor Committee:              Ways and Means
Sponsor Committee Number:       30
Type of Legislation:            General Bill

History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3651  ------  Oct 07, 1992  Act No. 522
 3651  House   Jan 15, 1992  Veto sustained
 3651  ------  Jan 15, 1992  Certain provision Vetoed by
                             Governor
 3651  ------  Sep 23, 1991  Ratified R 256
 3651  Senate  Sep 23, 1991  Concurred in House amendment,
                             enrolled for ratification
 3651  House   Sep 23, 1991  Senate amendments amended,
                             returned to Senate
 3651  House   Jun 06, 1991  Debate interrupted
 3651  House   Jun 06, 1991  Reconsidered vote whereby
                             debate adjourned on Senate
                             amendments
 3651  House   Jun 06, 1991  Debate adjourned on Senate
                             amendments
 3651  Senate  Jun 06, 1991  Amended, read third time,
                             returned with amendment
 3651  Senate  May 30, 1991  Read second time, ordered to
                             third reading with notice of
                             general amendments
 3651  Senate  May 30, 1991  Recalled from Committee         06
 3651  Senate  Apr 16, 1991  Introduced, read first time,    06
                             referred to Committee
 3651  House   Apr 11, 1991  Read third time, sent to
                             Senate
 3651  House   Apr 10, 1991  Amended, read second time
 3651  House   Apr 09, 1991  Reconsidered vote whereby the
                             Bill was rejected.
 3651  House   Mar 28, 1991  Debate interrupted by
                             adjournment
 3651  House   Mar 28, 1991  Rejected
 3651  House   Mar 28, 1991  Amended
 3651  House   Mar 28, 1991  Objection by Representative
 3651  House   Mar 26, 1991  Debate adjourned
 3651  House   Mar 21, 1991  Debate adjourned until
                             Tuesday, March 26, 1991
 3651  House   Mar 19, 1991  Introduced, read first time

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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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