Bill 3801

                    Current Status

Bill Number:               3801
Ratification Number:       574
Act Number:                479
Introducing Body:          House
Subject:                   Relating to the issuance of state capital
                           improvement bonds

(A479, R574, H3801)

AN ACT TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS FOR THE CONSTRUCTION OF VARIOUS BUILDINGS AND FACILITIES AND TO REDUCE CERTAIN PREVIOUSLY AUTHORIZED ISSUANCES OF BONDS; TO AMEND SECTION 4-29-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO EXEMPT FACILITIES PROVIDING RAILROAD SERVICES FROM THE GENERAL EXCLUSION OF PUBLIC UTILITIES USED IN DEFINING "PROJECT" FOR PURPOSES OF CHAPTER 29 OF TITLE 4; TO REQUIRE THE JOINT BOND REVIEW COMMITTEE TO SCHEDULE THE AUTHORIZATIONS AS PROVIDED IN THIS ACT INTO THE PRIORITY SCHEDULE IT HAS PREVIOUSLY ADOPTED; AND TO REPEAL PORTIONS OF ITEM (F) OF SECTION 3 OF ACT 1377 OF 1968, RELATING TO THE GASOHOL DEVELOPMENT LOAN PROGRAM.

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

Bonds authorized - Department of Corrections

SECTION 1. (A) The South Carolina Department of Corrections, on February 8, 1984, agreed in principle to the proposed Settlement and Consent Agreement of Nelson, et al vs. Leeke, et al (Civil Action No. 82-876-2). The Consent Agreement is proposed to be effective October 1, 1984, but these agreements cannot be ratified by the Board of Corrections unless the General Assembly agrees to provide the necessary funding.

The General Assembly finds that the proposed Consent Agreement is in the best interests of the State. The 1984-85 AppropriationsBill contains the necessary operating costs to comply with the first year of the Nelson Consent Agreement. The funds authorized in this section for the Department of Corrections - Capital Program ("Nelson Consent Agreement") shall provide the capital financing required for the safe and reasonable operating capacity of 8,694 inmates as outlined in the proposed settlement.

(B) In addition to the bond authorizations for the Department of Corrections in subitem (18) (Department of Corrections) of item (f) of Section 3 of Act 1377 of 1968, as added by Act 179 of 1981, there is authorized the following:

"2. Capital Program

('Nelson Consent Agreement') 44,018,800".

Bonds authorized - Science Center

SECTION 2. (A) Subitem 5 of item (f) of Section 3 of Act 1377 of 1968, as last amended by Section 2 of Act 179 of 1981, is amended by adding:

"1. Science Center - second increment $4,800,000

TOTAL, College of Charleston $4,800,000"

Bonds authorized - Armories

SECTION 3. (A) Subitem 2 (Adjutant General's Office) of item (f) of Section 3 of Act 1377 of 1968, as amended by Act 191 of 1983, is amended by adding the following sub-subitems:

"13. Mullins Armory $593,000

14. Moncks Corner Armory $338,000"

(B) The authorization for the Mullins Armory in this section is conditioned upon the provision of $1,500,000 of matching monies from federal sources and the authorization for the Moncks Corner Armory in this section is conditioned upon the provision of $796,000 of matching monies from federal sources.

Bonds authorized - Lander College

SECTION 4. Subitem 6A of item (f) of Section 3 of Act 1377 of 1968, as last amended by Section 2 of Act 179 of 1981, is further amended to read:

"6A. LANDER COLLEGE:

1. College Center Phase II $6,404,740

$6,404,740".

Bond authorized - Charles E. Hodges Building

SECTION 5. (A) In addition to the bond authorizations for Technical and Comprehensive Education in subitem (11) (Technical and Comprehensive Education) of item (f) of Section 3 of Act 1377 of 1968, as added by Act 179 of 1981, there is authorized the following:

"9. Visitor Information/Tourism

Education and Training Center

(Charles E. Hodges Building) $700,000

(B) The authorization for the Visitor Information/Tourism Education and Training Center (Charles E. Hodges Building), is conditioned upon the provision of $327,000 of matching monies from local and other sources."

Bond authorization reduced - University of South Carolina

SECTION 6. (A) The amount of capital improvement bonds authorized for construction and equipment of the business administration building addition for the University of South Carolina, added by Act 518 of 1980, is reduced from $4,572,000 to $3,007,000.

(B) The amount of capital improvement bonds authorized for the renovations and improvements of three dormitories at Whitten Centerof the Department of Mental Retardation, added by Act 518 of 1980, is reduced from $1,639,000 to $799,000.

Gasohol Development Program repealed

SECTION 7. Sub-subitem 1 (Gasohol Development Loan Program) (under Executive Director's Office) of subitem 2 (BUDGET AND CONTROL BOARD) of item (f) of Section 3 of Act 1377 of 1968, as added by Section 1 of PART I of Act 194 of 1979, is repealed.

Further

SECTION 8. The third proviso of subitem 2 (BUDGET AND CONTROL BOARD) relating to the "Gasohol Development Loan Program" of item (f) of Section 3 of Act 1377 of 1968, as added by Section 1 of PART I of Act 194 of 1979, is repealed.

"Project" further defined

SECTION 9. Item (3) of Section 4-29-10 of the 1976 Code, as last amended by Act 179 of 1981, is further amended to read:

"(3) 'Project' shall mean any land and any buildings and other improvements on the land including, without limiting the generality of the foregoing, water, sewage treatment and disposal facilities, air pollution control facilities, and all other machinery, apparatus, equipment, office facilities and furnishing which are deemed necessary, suitable or useful by the following or any combination thereof: (a) any enterprise for the manufacturing, processing, or assembling of any agricultural or manufactured products; (b) any commercial enterprise engaged in storing, warehousing, distributing, transporting or selling products of agriculture, mining or industry, or engaged in providing laundry services to hospitals, to convalescent homes or to medical treatment facilities of any type, public or private, within or outside of the issuing county or incorporated municipality and within or outside of the State; (c) any enterprise for research in connection with any of the foregoing or for the purpose of developing new products or new processes or improving existing products or processes; (d) any enterprise engaged in commercial business, including but not limited to, wholesale, retail or other mercantile establishments; office buildings; computer centers; tourism, sports and recreational facilities; convention and trade show facilities; and public lodging and restaurant facilities if the primary purpose is to provide service in connection with another facility qualifying under this subitem; and (e) any enlargement, improvement or expansion of any existing facility in subitems (a), (b), (c) and (d) of this item. The term project shall not include facilities for an enterprise primarily engaged in the sale or distribution to the public of electricity, gas, water or telephone or other services commonly classified as public utilities except facilities providing railroad services. A project may be located in one or more counties or incorporated municipalities."

Joint Bond Review Committee to schedule authorizations

SECTION 10. The Joint Bond Review Committee shall schedule the authorizations as provided in this act into the priority schedule ithas previously adopted.

Time effective

SECTION 11. This act shall take effect upon approval by the Governor.