Bill 2712

                    Current Status

Bill Number:               2712
Ratification Number:       158
Act Number:                109
Introducing Body:          House
Subject:                        School disrict expenditures

(A109, R158, H2712)

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.