H 4217 General Bill, By H.M. Hallman, J.J. Bailey, R.A. Barber, Breeland, 
R.C. Fulmer, S.E. Gonzales, Harrell, H.G. Hutson, Inabinett, J.S. Shissias, 
C.Y. Waites, L.S. Whipper and Young-Brickell
 A Bill to amend Section 11-35-710, Code of Laws of South Carolina, 1976,
 relating to exemptions from the Consolidated Procurement Code, so as to delete
 the exemption of the South Carolina Public Service Authority; and to amend the
 Code by adding Section 58-31-55 so as to provide that the Public Service
 Authority is subject to the provisions of the Consolidated Procurement Code in
 the acquisition and sale of goods and services.

   05/20/93  House  Introduced and read first time HJ-4
   05/20/93  House  Referred to Committee on Judiciary HJ-4

A BILL

TO AMEND SECTION 11-35-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE THE EXEMPTION OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY; AND TO AMEND THE CODE BY ADDING SECTION 58-31-55 SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY IS SUBJECT TO THE PROVISIONS OF THE CONSOLIDATED PROCUREMENT CODE IN THE ACQUISITION AND SALE OF GOODS AND SERVICES.

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

SECTION 1. Section 11-35-710 of the 1976 Code is amended to read:

"Section 11-35-710. The board may upon the recommendation of the Division of General Services, exempt governmental bodies from purchasing certain items through the respective chief procurement officer's area of responsibility. The board may exempt specific supplies or services from the purchasing procedures herein required and for just cause may by unanimous written decision limit or withdraw any exemptions provided for in this section. The following exemptions are hereby granted in this chapter:

(a) The construction, maintenance and repair of bridges, highways and roads; vehicle and road equipment maintenance and repair; and any other emergency type parts or equipment utilized by the Department of Highways and Public Transportation;

(b) The purchase of raw materials by the South Carolina Department of Corrections, Division of Prison Industries;

(c) S. C. State Ports Authority;

(d) S. C. Public Railways Commission;

(e) S. C. Public Service Authority;

(f)(e) Expenditure of funds at state institutions of higher learning derived wholly from athletic or other student contests, from the activities of student organizations and from the operation of canteens and bookstores, except as such funds are used for the procurement of construction, architect-engineer, construction-management and land surveying services;

(g)(f) Livestock, feed and veterinary supplies;

(h)(g) Articles for commercial sale by all governmental bodies;

(i)(h) Fresh fruits, vegetables, meats, fish, milk and eggs;

(j)(i) South Carolina Arts Commission and South Carolina Museum Commission for the purchase of one-of-a-kind items such as paintings, antiques, sculpture and similar objects. Before any governmental body procures any such objects, the head of the purchasing agency shall prepare a written determination specifying the need for such objects and the benefits to the State. The South Carolina Arts Commission shall review such determination and forward a recommendation to the board for approval;

(k)(j) Published books, periodicals and technical pamphlets.;

(l)(k) South Carolina Research Authority."

SECTION 2. The 1976 Code is amended by adding:

"Section 58-31-55. The Public Service Authority is subject to the provisions of the South Carolina Consolidated Procurement Code in the acquisition and sale of goods and services."

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