Senate Education Committee Amendment
S 314 - Session 125 (2023-2024)
Higher Education Permanent Improvement Projects

The Committee on Education proposes the following amendment (SEDU-314.DB0003S):

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.