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Bill 1084

                    Current Status

Bill Number:                      1084
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20020305
Primary Sponsor:                  Leatherman
All Sponsors:                     Leatherman, J. Verne Smith, McConnell, 
                                  Peeler and Matthews
Drafted Document Number:          l:\council\bills\pt\1785dw02.doc
Residing Body:                    Senate
Current Committee:                Finance Committee 06 SF
Subject:                          Capital improvement bonds, Comprehensive 
                                  Permanent Improvement Plan to be submitted to 
                                  Joint Bond Review Committee and Budget and 
                                  Control Board; will serve as agency outline 
                                  for next five years


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020305  Introduced, read first time,           06 SF
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 2-47-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL PERMANENT IMPROVEMENT PROGRAM WHICH IS REQUIRED TO BE SUBMITTED TO THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE NAME OF THE SUBMISSION TO THE COMPREHENSIVE PERMANENT IMPROVEMENT PLAN WHICH WOULD SERVE AS AN OUTLINE FOR AN AGENCY'S PERMANENT IMPROVEMENT ACTIVITIES FOR THE NEXT FIVE-YEAR PERIOD; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE SECTION 5 WHICH REQUIRES STATE AGENCIES AND INSTITUTIONS TO SUBMIT AN OVERALL PLAN SEEKING APPROVAL OF REQUESTS FOR FUNDING OF PERMANENT IMPROVEMENT PROJECTS OR OF THE ESTABLISHMENT AND IMPLEMENTATION OF PROJECTS PREVIOUSLY AUTHORIZED UNDER ACT 1377 OF 1968 (STATE CAPITAL IMPROVEMENT BOND ACT).

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 2-47-55 of the 1976 Code, as added by Act 178 of 1993, is amended to read:

"Section 2-47-55. (A) All state agencies responsible for providing and maintaining physical facilities are required to submit an a Annual Permanent Improvement Program (APIP) Comprehensive Permanent Improvement Plan (CPIP) to the Joint Bond Review Committee and the Budget and Control Board. The APIP CPIP must include all of the agency's permanent improvement projects anticipated and proposed to be started in the upcoming year over the next five years beginning with the fiscal year starting July 1 after submission. The purpose of the APIP CPIP process is to provide the board and the committee with a comprehensive view an outline of each agency's permanent improvement activities for the next five years. Agencies must submit an APIP a CPIP to the committee and the board on or before June 15 of each year a date to be determined by the committee and the board. The APIP covers the next fiscal year period beginning July 1. The APIP CPIP for each higher education agency, including the technical colleges, must be submitted through the Commission on Higher Education which must review the APIP CPIP and provide its recommendations to the board and the committee. The board and the committee must approve the CPIP after submission and 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.

(B) 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. Section 5 of Act 1377 of 1968, as amended by Act 179 of 1981, is amended by deleting Section 5 which reads:

"Section 5. In view of the finding by the General Assembly that the overall permanent improvement plans adopted by several state agencies and institutions have proven to be useful documents, the General Assembly now has determined that the governing body or commission of each agency and institution of the state government seeking approval of requests for the funding of permanent improvement projects or of the establishment and implementation of projects authorized previously under Act 177 of 1968, as amended, shall submit an overall plan for such facilities to the Joint Bond Review Committee (the Committee) and to the Budget and Control Board (the Board) for review and approval. Neither the Committee nor the Board may recommend that the General Assembly approve any additional permanent improvement funding request of any agency or institution until its overall permanent improvement plan or subsequent revisions thereof have been reviewed and approved by the Committee and the Board. Such plans shall be submitted to the Committee and the Board on or before July 1, 1982, and shall be updated as necessary and submitted in alternate years thereafter. The plans submitted in 1982 shall cover a future period of not less than five fiscal years beginning with the fiscal year beginning July 1, 1983, and any plan updates submitted shall cover five-fiscal year periods beginning in alternate fiscal years thereafter. Plans of institutions of higher learning shall be submitted to the Committee and the Board on this same schedule through the Commission on Higher Education (the Commission). The Commission shall forward each plan and any supporting documentation received from each institution to the Board and the Committee together with its comments and recommendations on each plan and with overall summary comments and recommendations on the several plans considered in the aggregate.

The overall permanent improvement plan of each agency and institution shall, as a minimum, include: (1) a summary of existing facilities with an analysis of their condition and adequacy in view of present and anticipated use of and demands upon them; (2) an analysis of the key factors involved in the trends in the demand for various facilities of the agency or institution; (3) a summary of the alternative approaches considered as a means of meeting any unmet current or anticipated demands upon facilities and the reasons those alternatives were not pursued; (4) a listing of the permanent improvements proposed and those projects authorized previously for funding but not yet established classified in terms of types of projects such as maintenance, renovation, new construction or other categories specified by the Board, listed in order of priority and grouped according to the fiscal year in which funding approval is deemed necessary; (5) a justification for each project proposed which identifies the specific needs to be met by the project and its dependence upon other projects being proposed or to be proposed; (6) the proposed sources of funds for the projects listed including evidence that all funds for these purposes available to the agency or institution from its own sources or capabilities have been applied; (7) information on additional annual operating costs related to each proposed project; (8) feasibility studies and any other documentation which may help to convey fully the nature, rationale and urgency of each proposed project; (9) campus or other maps showing the location of existing and proposed facilities; and (10) other pertinent information requested by the Board or the Committee."

SECTION 3. This act takes effect upon approval by the Governor.

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