Committee Report

February 14, 2023

S. 314

Introduced by Senator Talley

S. Printed 02/14/23--S.

Read the first time January 10, 2023

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The committee on Senate Education

To who was referred a Bill (S. 314) to amend the South Carolina Code of Laws by adding Section 59-157-10 so as to provide chapter definitions; by adding Section 59-157-30 so as to require certain permanent, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with Amendment:

   Amend the bill, as and if amended, by striking SECTION 1 and adding:

SECTION X.   Chapter 47, Title 2 of the S.C. Code is amended by adding:

   Section 2-47-70.   As used in this chapter:

   (1) "Board of trustees" means the boards of trustees of the colleges and universities listed in Section 59-101-10.

   (2) "Capital project" means the construction, improvement, equipment, renovation, or repair of any buildings, structure, facility, or other permanent improvement project; the acquisition of land to construct or establish a building, structure, or facility; or a permanent improvement project as defined in Section 2-47-50.

   (3) "Institution" means a research university identified in Section 11-51-30(5) or a non-research, four year college or university described in Section 59-103-15(B)(2), (B)(3), and (B)(4).

   Section 2-47-80.   (A) Notwithstanding any other provision of the law, any permanent improvement project, as defined in Section 2-47-50, that costs more than five million dollars for research universities as identified in Section 11-51-30(5) and more than two and one-half million dollars for all other institutions as described in Section 59-103-15(B)(2), (B)(3), and (B)(4), that requires the use of lease purchase agreements, state institution bond funds, capital improvement bond funds, capital reserve funds, state general appropriated funds, or state infrastructure bond funds or student tuition and fee funds for its funding must be submitted to the Commission on Higher Education and the Joint Bond Review Committee for review and the State Fiscal Accountability Authority for approval after full architecture and engineering design work is completed but prior to execution of a construction contract, and thereafter to the Executive Budget Office for publication upon approval.

   (B) The Chairman of the Joint Bond Review Committee may, on behalf of the committee, request to review and comment on any other permanent improvement project, as defined in Section 2-47-50, that costs more than five million dollars for research universities as identified in Section 11-51-30(5) and more than two and one-half million dollars for all other institutions as described in Section 59-103-15(B)(2), (B)(3), and (B)(4).

   Section 2-47-90.   Notwithstanding another provision of law, permanent improvement projects, as defined in this chapter, where the cost is not greater than five million dollars for public research universities and not greater than two and one-half million dollars for all other public institutions of higher learning shall be exempt from the requirements of Section 2-47-50, except that a project shall not be considered approved without an institution's governing board having first voted to approve the project in a public session. Institutions shall provide a report of projects approved by their governing boards pursuant to this provision to the Chairman of the Commission on Higher Education, the Joint Bond Review Committee, and the State Fiscal Accountability Authority by November 15th of the current fiscal year.

   Section 2-47-100.   The board of trustees shall provide on an annual basis a fiscal year report of property acquired and any capital projects which cost less than five million dollars for research universities and less than two and one-half million dollars for all other institutions, commenced under the authority granted in this chapter, to the Governor, the Senate Finance Committee, and the House of Representatives Ways and Means Committee. The report must be submitted annually by September thirtieth.

Renumber sections to conform.

Amend title to conform.

GREG HEMBREE for Committee.

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A bill

to amend the South Carolina Code of Laws by adding Section 59-157-10 so as to provide chapter definitions; by adding Section 59-157-30 so as to require certain permanent improvement projects over threshold amounts for higher institutions to be submitted for review to the Commission on Higher Education and Joint Bond review committee and the state fiscal accountability authority for approval after full architecture and engineering design work is completed but prior to the execution of a construction contract, to allow the chairman of joint bond review committee to request a review and comment on any other permanent improvement project; by adding Section 59-157-40 so as to exempt certain Higher education permanent improvement projects from the requirements of Section 2-47-50 and to require the governing boards to report annually to the Commission on Higher Education, the Joint bond review committee, and the state fiscal accountability authority of all projects approved; by adding Section 59-157-50 so as to require the board of trustees to provide on an annual basis a report of property acquired and any capital projects that are exempt by operation of Section 59-157-40.

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

SECTION 1.    Title 59 of the S.C. Code is amended by adding:

   CHAPTER 157

   Higher Education Permanent Improvement Projects

   Section 59-157-10.    As used in this chapter:

   (1) "Board of trustees" means the boards of trustees of the colleges and universities listed in Section 59-101-10.

   (2) "Capital project" means the construction, improvement, equipment, renovation, or repair of any buildings, structure, facility, or other permanent improvement project; the acquisition of land to construct or establish a building, structure, or facility; or a permanent improvement project as defined in Section 2-47-50.

   (3) "Institution" means a research university identified in Section 11-51-30(5) or a non-research, four year college or university described in Section 59-103-15(B)(2), (B)(3), and (B)(4).

   Section 59-157-30.   (A) Notwithstanding any other provision of the law, any permanent improvement project, as defined in Section 2-47-50, that costs more than five million dollars for research universities as identified in Section 11-51-30(5) and more than two and one-half million dollars for all other institutions as described in Section 59-103-15(B)(2), (B)(3), and (B)(4), that requires the use of lease purchase agreements, state institution bond funds, capital improvement bond funds, capital reserve funds, state general appropriated funds, or state infrastructure bond funds or student tuition and fee funds for its funding must be submitted to the Commission on Higher Education and the Joint Bond Review Committee for review and the State Fiscal Accountability Authority for approval after full architecture and engineering design work is completed but prior to execution of a construction contract, and thereafter to the Executive Budget Office for publication upon approval.

   (B) The Chairman of the Joint Bond Review Committee may, on behalf of the committee, request to review and comment on any other permanent improvement project, as defined in Section 2-47-50, that costs more than five million dollars for research universities as identified in Section 11-51-30(5) and more than two and one-half million dollars for all other institutions as described in Section 59-103-15(B)(2), (B)(3), and (B)(4).

   Section 59-157-40.   Notwithstanding another provision of law, permanent improvement projects, as defined in Title 2, Chapter 47 of the S.C. Code, where the cost is not greater than five million dollars for public research universities and not greater than two and one-half million dollars for all other public institutions of higher learning shall be exempt from the requirements of Section 2-47-50, except that a project shall not be considered approved without an institution's governing board having first voted to approve the project in a public session. Institutions shall provide a report of projects approved by their governing boards pursuant to this provision to the Chairman of the Commission on Higher Education, the Joint Bond Review Committee, and the State Fiscal Accountability Authority by November 15th of the current fiscal year.

   Section 59-157-50.   The board of trustees shall provide on an annual basis a fiscal year report of property acquired and any capital projects which cost less than five million dollars for research universities and less than two and one-half million dollars for all other institutions, commenced under the authority granted in this chapter, to the Governor, the Senate Finance Committee, and the House of Representatives Ways and Means Committee. The report must be submitted annually by September thirtieth.

SECTION 2.   The repeal or amendment by this act of any law, whether temporary, permanent, civil, or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

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

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