South Carolina General Assembly
116th Session, 2005-2006

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Bill 368

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

February 23, 2005

S. 368

Introduced by Senators Leatherman and O'Dell

S. Printed 2/23/05--S.    [SEC 2/24/05 1:06 PM]

Read the first time January 27, 2005.

            

THE COMMITTEE ON FINANCE

To whom was referred a Bill (S. 368) 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, etc., respectfully

REPORT:

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

HUGH K. LEATHERMAN, SR. for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

EXPLANATION OF IMPACT:

A review of this bill indicates agencies may incur minimal costs which can be absorbed within existing resources for creating a form for vendors to use in complying as well as informing agencies and vendors regarding the statute.

Approved By:

Don Addy

Office of State Budget

A BILL

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, AND TO DEFINE "DESIGN SERVICES" AND "RESIDENT" FOR THIS PURPOSE.

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

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 employs, either directly or through consultants, an adequate number of persons domiciled in South Carolina to perform 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 nonresident of a contract involving design services must be supported by a written determination explaining why award to a nonresident is in the best interest of the State.

(D)    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."

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

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