H*2712(Rat #0158, Act #0109 of 1985)  General Bill, By M.D. Burriss and 
J.C. Hearn
 A Bill to amend Act 493 of 1984, relating to the requirement that any school
 district whose budget of total revenues exceeds seventy-five million dollars
 annually is subject to the South Carolina Consolidated Procurement Code, so as
 to change the applicability of the Code to those school districts whose
 budgets exceed total expenditures of seventy-five million dollars annually,
 and to amend Section 11-35-4210, Code of Laws of South Carolina, 1976,
 relating to the South Carolina Consolidated Procurement Code so as to further
 provide for the relief which may be granted to a protestant which contends
 that he should have been awarded a contract under the Procurement Code and to
 provide that the Procurement Review Panel is the final administrative review
 entity which hears protests of decisions arising from the award of contracts
 under the Procurement Code.-amended title

   04/01/85  House  Introduced and read first time HJ-1951
   04/01/85  House  Referred to Committee on Education and Public
                     Works HJ-1951
   05/07/85  House  Committee report: Favorable Education and Public
                     Works HJ-2938
   05/08/85  House  Debate adjourned HJ-3002
   05/09/85  House  Amended HJ-3108
   05/09/85  House  Read second time HJ-3109
   05/10/85  House  Read third time and sent to Senate HJ-3128
   05/15/85  Senate Introduced and read first time SJ-2102
   05/15/85  Senate Referred to Committee on Finance SJ-2102
   05/16/85  Senate Recalled from Committee on Finance SJ-2145
   05/17/85  Senate Read second time SJ-2151
   05/20/85  Senate Read third time and enrolled SJ-2154
   05/21/85         Ratified R 158
   05/22/85         Signed By Governor
   05/22/85         Effective date 05/22/85
   05/22/85         Act No. 109
   06/03/85         Copies available

AN ACT TO AMEND ACT 493 OF 1984, RELATING TO THE REQUIREMENT THAT ANY SCHOOL DISTRICT WHOSE BUDGET OF TOTAL REVENUES EXCEEDS SEVENTY-FIVE MILLION DOLLARS ANNUALLY IS SUBJECT TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO CHANGE THE APPLICABILITY OF THE CODE TO THOSE SCHOOL DISTRICTS WHOSE BUDGETS EXCEED TOTAL EXPENDITURES OF SEVENTY-FIVE MILLION DOLLARS ANNUALLY, AND TO AMEND SECTION 11-35-4210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE SO AS TO FURTHER PROVIDE FOR THE RELIEF WHICH MAY BE GRANTED TO A PROTESTANT WHICH CONTENDS THAT HE SHOULD HAVE BEEN AWARDED A CONTRACT UNDER THE PROCUREMENT CODE AND TO PROVIDE THAT THE PROCUREMENT REVIEW PANEL IS THE FINAL ADMINISTRATIVE REVIEW ENTITY WHICH HEARS PROTESTS OF DECISIONS ARISING FROM THE AWARD OF CONTRACTS UNDER THE PROCUREMENT CODE.

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

School district expenditures

SECTION 1. Section 1 of Act 493 of 1984 is amended to read:

"Section 1. Irrespective of the source of funds of any school district whose budget of total expenditures, including debt service, exceeds seventy-five million dollars annually is subject to the provisions of Chapter 35 of Title 11, Code of Laws of South Carolina, 1976 (South Carolina Consolidated Procurement Code) and shall notify the Director of the Division of General Services of the Budget and Control Board of its expenditures

within ninety days after the close of its fiscal year. However, if a district has its own procurement code which is in the written opinion of the Division of General Services of the State Budget and Control Board substantially similar to the provisions of the South Carolina Consolidated Procurement Code, the district is exempt from the provisions of the South Carolina Consolidated Procurement Code except for a procurement audit which must be performed every three years by the Division of General Services."

Protestant, procedure

SECTION 2. Item (7) of Section 11-35-4210 of the 1976 Code, as added by Act 148 of 1981, is further amended to read:

"(7) Reimbursement for Reasonable Costs and Authority to Grant other Relief. In the event a protestant contends that it should have been awarded the contract under a solicitation but is not, then the party may apply to the Review Panel, as provided for in Section 11-35-4410, for relief. Upon receipt of this application the Review Panel may order the computation and award of a reasonable reimbursement amount including reimbursement of bid preparation costs, and may order such other and further relief as justice dictates, including but not limited to a reaward of the contract or a rebid of the contract. The decision of the review panel is the final administrative review and the decision of the review panel is appealable to the Circuit Court under the provisions of the South Carolina Administrative Procedures Act."

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.