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A375, R385, S368

STATUS INFORMATION

General Bill
Sponsors: Senators Leatherman, O'Dell, Setzler and Knotts
Document Path: l:\council\bills\bbm\10563mm05.doc

Introduced in the Senate on January 27, 2005
Introduced in the House on March 2, 2005
Last Amended on May 31, 2006
Passed by the General Assembly on June 1, 2006
Became law without Governor's signature, June 14, 2006

Summary: State procurement process

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/27/2005  Senate  Introduced and read first time SJ-8
   1/27/2005  Senate  Referred to Committee on Finance SJ-8
   2/23/2005  Senate  Committee report: Favorable Finance SJ-20
   2/24/2005  Senate  Read second time SJ-13
   2/24/2005          Scrivener's error corrected
    3/1/2005  Senate  Read third time and sent to House SJ-11
    3/2/2005  House   Introduced and read first time HJ-7
    3/2/2005  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-7
   5/17/2006  House   Committee report: Favorable with amendment Labor, 
                        Commerce and Industry HJ-3
   5/24/2006  House   Debate adjourned until Thursday, May 25, 2006 HJ-16
   5/25/2006  House   Amended HJ-18
   5/25/2006  House   Debate adjourned HJ-19
   5/25/2006  House   Read second time HJ-73
   5/25/2006  House   Unanimous consent for third reading on next legislative 
                        day HJ-80
   5/26/2006  House   Read third time and returned to Senate with amendments 
                        HJ-1
   5/31/2006  Senate  House amendment amended SJ-20
   5/31/2006  Senate  Returned to House with amendments SJ-20
    6/1/2006  Senate  Recalled from House SJ-81
    6/1/2006  Senate  Reconsider vote whereby amended and sent to House SJ-81
    6/1/2006  Senate  Amendment tabled SJ-81
    6/1/2006  Senate  Concurred in House amendment and enrolled SJ-81
    6/7/2006          Ratified R 385
   6/14/2006          Became law without Governor's signature
   6/20/2006          Copies available
   6/20/2006          Effective date 06/14/06
   6/23/2006          Act No. 375

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/27/2005
2/23/2005
2/24/2005
5/17/2006
5/25/2006

(A375, R385, S368)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3215 SO AS TO PROVIDE A PREFERENCE IN THE STATE PROCUREMENT PROCESS FOR A RESIDENT DESIGN PROFESSIONAL, TO PROVIDE EXCEPTIONS, TO REQUIRE AN AWARD TO A RESIDENT OR A NONRESIDENT OF A CONTRACT INVOLVING DESIGN SERVICES TO HAVE A WRITTEN DETERMINATION EXPLAINING WHY THE AWARD WAS MADE, AND TO DEFINE "DESIGN SERVICES" AND "RESIDENT" FOR THIS PURPOSE.

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

Preference for residents; requirements of contract

SECTION    1.    Subarticle 5, Article 9, Chapter 35 of Title 11 of the 1976 Code is amended by adding:

"Section 11-35-3215.    (A)    As used in this section:

(1)    'Design services' means architect-engineer, construction management, or land surveying services as defined in Section 11-35-2910.

(2)    'Resident' means a business that (i) employs, either directly or through consultants, an adequate number of persons domiciled in South Carolina or (ii) performs in South Carolina a majority of the design services involved in the procurement.

(B)    A business responding to an invitation involving design services shall submit a certification with its response stating whether the business is a resident for purposes of the procurement. Submission of a certification under false pretenses is grounds for suspension or debarment.

(C)    An award to a resident or nonresident of a contract involving design services must be supported by a written determination explaining why the award was made to the selected firm.

(D)    When qualifications appear to be equal, the resident firm must be selected.

(E)    This section does not apply to a procurement if either the procurement does not involve construction or the design services are a minor accompaniment to a contract for nondesign services."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 7th day of June, 2006.

Became law without the signature of the Governor -- 6/14/06.

This web page was last updated on Friday, December 4, 2009 at 3:29 P.M.