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COMMITTEE AMENDMENT ADOPTED
May 15, 2002
H. 4676
S. Printed 5/15/02--S. [SEC 5/16/02 8:06 PM]
Read the first time April 11, 2002.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-3-77 SO AS TO PROVIDE FOR THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES; TO AMEND SECTION 1-11-55, RELATING TO LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES; TO AMEND SECTION 2-3-75, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE OFFICE OF LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES; TO AMEND SECTION 2-13-60, AS AMENDED, RELATING TO THE DUTIES OF THE CODE COMMISSIONER; TO AMEND SECTION 2-13-180, RELATING TO THE PUBLICATION OF ADVANCE SHEETS OF THE ACTS AND JOINT RESOLUTIONS; TO AMEND SECTION 2-13-190, AS AMENDED, RELATING TO PRINTING OF ADVANCE SHEETS IN SIGNATURES AND DISTRIBUTION OF PAGE PROOFS BY THE CODE COMMISSIONER; TO AMEND SECTION 2-13-200, RELATING TO THE SALE AND DISPOSITION OF PROCEEDS FROM THE SALE OF ADVANCE SHEETS; TO AMEND SECTION 2-13-210, RELATING TO THE PUBLICATION OF THE ACTS AND JOINT RESOLUTIONS; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS USED IN THE PROCUREMENT CODE; AND TO AMEND SECTION 29-6-250, RELATING TO A LABOR AND MATERIAL PAYMENT BOND REQUIRED BY A GOVERNMENTAL BODY UNDER CERTAIN CIRCUMSTANCES, SO AS TO CONFORM REFERENCES IN THESE SECTIONS TO REFLECT THE CORRECT NAME OF THE OFFICE OF LEGISLATIVE PRINTING, INFORMATION AND TECHNOLOGY SYSTEMS CREATED FROM THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES, AND TO DELETE ARCHAIC REFERENCES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-11-55(1) of the 1976 Code, as added by Act 153 of 1997, is amended to read:
"(1) 'Governmental body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, legislative body, agency, government corporation, or other establishment or official of the executive, judicial, or legislative branches of this State. Governmental body excludes the General Assembly, Legislative Council, the Office of Legislative Printing, and Information and Technology Resources Systems, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts."
SECTION 2. Section 2-3-75 of the 1976 Code, as last amended by Act 194 of 1987, is further amended to read:
"Section 2-3-75. The Office of Legislative Printing, and Information and Technology Resources Systems (LPITR) (LPITS) shall be is established under the joint direction and management of the Clerk of the Senate and the Clerk of the House. The Clerks shall employ a director to carry out the business of the office, who shall have authority to hire and discharge staff with the approval of the Clerks, with such funds as may be authorized by the General Assembly. The Office of Legislative Printing, and Information and Technology Resources Systems shall have has the following authority and duties:
(1) The Office of Legislative Printing, and Information and Technology Resources Systems shall provide printing and technical services to the House of Representatives, the Senate, the Legislative Council, and the Code Commissioner. The Director of LPITR LPITS shall, with the approval of the Clerks, contract for all legislative printing requirements not otherwise provided for by law. LPITR LPITS shall also contract for the printing requirements of the Code Commissioner as contained in Section 2-13-60(4).
(2) Any materials which have been printed or paid for under the LPITR LPITS printing contract may be sold to other state agencies and private persons. All funds received for such this service shall must be deposited in the state treasury to the credit of the general fund of the State. Before any funds are paid into the state treasury, all necessary expenses incurred by the Office of LPITR LPITS in the production and distribution of materials in accordance with this section may be first deducted and retained by the Office of LPITR LPITS. Payment for such these expenses may be made on order of the Director of Legislative Printing, and Information and Technology Resources Systems and approval of the Clerks of the House and Senate.
(3) Legislative Printing, and Information and Technology Resources Systems may sell by means of electronic transmission or by such other means as it deems considers appropriate any legislative document or report which may be obtained under the provisions of Chapter 4 of Title 30 of the 1976 Code as amended. Such This sale shall be is with the approval of the Clerks of the House and Senate upon their prior consultation with the Speaker of the House and the President Pro Tempore of the Senate."
SECTION 3. Section 2-13-60(5) of the 1976 Code is amended to read:
"(5) annually prepare for publication, to be printed by the Office of Legislative Printing, and Information and Technology Resources Systems (LPITR) (LPITS), the statutes and joint resolutions passed at the preceding session;"
SECTION 4. Section 2-13-180 of the 1976 Code is amended to read:
"Section 2-13-180. The Code Commissioner shall, from time to time during any session of the General Assembly, furnish the Office of Legislative Printing, and Information and Technology Resources Systems (LPITR) (LPITS) with all acts and joint resolutions of a general and permanent nature which have become law. The Office of Legislative Printing, and Information and Technology Resources Systems (LPITR) (LPITS) as soon as practicable after delivery of such these acts and joint resolutions shall furnish the Code Commissioner with page proofs of all such acts and joint resolutions."
SECTION 5. Section 2-13-190 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 2-13-190. Within five days after receiving such the page proofs corrected from the Code Commissioner, the Office of Legislative Printing, and Information and Technology Resources Systems (LPITR) (LPITS) shall print the same and shall deliver as many copies to the Code Commissioner as the commissioner may order. The Code Commissioner on receipt of such these copies shall send a copy to each of the following officers: The Governor, Supreme Court Justices, Clerk of the Supreme Court, Court of Appeals Judges, Clerk of the Court of Appeals, circuit judges, circuit solicitors, county judges, county solicitors, clerk of the court of each county, judge of probate of each county, Attorney General, Secretary of State, Comptroller General, Adjutant General, State Treasurer, Chief Bank Examiner, Department of the Revenue, Director of the Department of Transportation, State Health Officer, Director of the Department of Natural Resources, Chairman of the Public Service Commission, Commissioner of Agriculture, Director of the Department of Insurance, State Budget and Control Board, State Superintendent of Education, State Librarian, Clerk of the House of Representatives, Clerk of the Senate, Director of the South Carolina Archives Department, and the members of the General Assembly. Any magistrate may obtain a copy of advance sheets of statutes by sending his name, address, and term to the Code Commissioner."
SECTION 6. Section 2-13-200 of the 1976 Code is amended to read:
"Section 2-13-200. The Code Commissioner and the Legislative Council may sell the service mentioned in Section 2-13-190 on terms agreeable to the council and the Code Commissioner. All funds received for such this service shall must be deposited in the state treasury, to the credit of the general funds of the State, but before any funds are paid into the state treasury, the expenses by the Code Commissioner and the Office of Legislative Printing, and Information and Technology Resources Systems (LPITR) (LPITS) for additional supplies, postage, and clerical help may be first deducted. Payment of such these additional expenses may be made on order of the Chairman of the Legislative Council and the Clerks of the House and Senate."
SECTION 7. Section 2-13-210 of the 1976 Code is amended to read:
"Section 2-13-210. Within twenty-five days after the adjournment of any session of the General Assembly, the Code Commissioner shall furnish the Director of the Office of Legislative Printing, and Information and Technology Resources Systems all acts and joint resolutions passed, and which have been approved by the Governor, not theretofore furnished. The Code Commissioner shall deliver to the Director of the Office of Legislative Printing, and Information and Technology Resources Systems, within fifteen days after the receipt of the final page proof, a complete index of all the acts and joint resolutions furnished the director and such other copy as may be necessary for the published acts. The State Librarian shall receive at least five hundred copies of the entire number of such acts and joint resolutions contracted for. The style and makeup of the acts and joint resolutions shall must be in such form as the Code Commissioner and Clerks of the Senate and the House may agree upon."
SECTION 8. Section 11-35-310(18) of the 1976 Code, as last amended by Part II, Act 171 of 1991, is further amended to read:
"(18) 'Governmental Body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, agency, government corporation, or other establishment or official of the executive or judicial branch. Governmental body excludes the General Assembly or its respective branches or its committees, Legislative Council, the Office of Legislative Printing, and Information and Technology Resources Systems, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts or any entity created by act of the General Assembly for the purpose of erecting monuments or memorials or commissioning art that is being procured exclusively by private funds."
SECTION 9. Section 29-6-250(4) of the 1976 Code, as added by Act 295 of 2000, is amended to read:
"(4) For purposes of this section, 'governmental body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, agency, government corporation, or other establishment or official of the executive or judicial branch, and all local political subdivisions. 'Governmental body' excludes the General Assembly or its respective branches or its committees, Legislative Council, the Office of Legislative Printing, and Information and Technology Resources Systems, or any entity created by act of the General Assembly for the purpose of erecting monuments or memorials or commissioning art that is procured exclusively by private funds."
SECTION 10. Section 11-35-1524(D) of the 1976 Code, as added by Act 153 of 1997, is further amended to read:
"(D) Exceptions. This section shall not apply:
(1) to any procurements conducted under Article 9 of the 1976 Code;
(2) to any prime contractor or subcontractor providing materials or services relating to permanent improvements to real estate;
(3) to any solicitation, bid, offer, or procurement when the price of a single unit of the end-product is more than thirty thousand dollars, whether or not more than one unit is bid or offered;
(4) to any solicitation, bid, offer, or procurement where the contract award is less than ten thousand dollars; or
(5) to any solicitation conducted under Section 11-35-1530 of the 1976 Code; or
(6) to any solicitation, bid, offer, or procurement of motor vehicles as defined in Section 56-15-10."
SECTION 11. This act takes effect upon approval by the Governor.
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