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A375, R385, S368
STATUS INFORMATION
General Bill
Sponsors: Senators Leatherman, O'Dell, Setzler and Knotts
Document Path: l:\council\bills\bbm\10563mm05.doc
Introduced in the Senate on January 27, 2005
Introduced in the House on March 2, 2005
Last Amended on May 31, 2006
Passed by the General Assembly on June 1, 2006
Became law without Governor's signature, June 14, 2006
Summary: State procurement process
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/27/2005 Senate Introduced and read first time SJ-8 1/27/2005 Senate Referred to Committee on Finance SJ-8 2/23/2005 Senate Committee report: Favorable Finance SJ-20 2/24/2005 Senate Read second time SJ-13 2/24/2005 Scrivener's error corrected 3/1/2005 Senate Read third time and sent to House SJ-11 3/2/2005 House Introduced and read first time HJ-7 3/2/2005 House Referred to Committee on Labor, Commerce and Industry HJ-7 5/17/2006 House Committee report: Favorable with amendment Labor, Commerce and Industry HJ-3 5/24/2006 House Debate adjourned until Thursday, May 25, 2006 HJ-16 5/25/2006 House Amended HJ-18 5/25/2006 House Debate adjourned HJ-19 5/25/2006 House Read second time HJ-73 5/25/2006 House Unanimous consent for third reading on next legislative day HJ-80 5/26/2006 House Read third time and returned to Senate with amendments HJ-1 5/31/2006 Senate House amendment amended SJ-20 5/31/2006 Senate Returned to House with amendments SJ-20 6/1/2006 Senate Recalled from House SJ-81 6/1/2006 Senate Reconsider vote whereby amended and sent to House SJ-81 6/1/2006 Senate Amendment tabled SJ-81 6/1/2006 Senate Concurred in House amendment and enrolled SJ-81 6/7/2006 Ratified R 385 6/14/2006 Became law without Governor's signature 6/20/2006 Copies available 6/20/2006 Effective date 06/14/06 6/23/2006 Act No. 375
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
1/27/2005
2/23/2005
2/24/2005
5/17/2006
5/25/2006
(A375, R385, S368)
AN ACT 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, TO PROVIDE EXCEPTIONS, TO REQUIRE AN AWARD TO A RESIDENT OR A NONRESIDENT OF A CONTRACT INVOLVING DESIGN SERVICES TO HAVE A WRITTEN DETERMINATION EXPLAINING WHY THE AWARD WAS MADE, AND TO DEFINE "DESIGN SERVICES" AND "RESIDENT" FOR THIS PURPOSE.
Be it enacted by the General Assembly of the State of South Carolina:
Preference for residents; requirements of contract
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 (i) employs, either directly or through consultants, an adequate number of persons domiciled in South Carolina or (ii) performs in South Carolina 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 resident or nonresident of a contract involving design services must be supported by a written determination explaining why the award was made to the selected firm.
(D) When qualifications appear to be equal, the resident firm must be selected.
(E) 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."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 7th day of June, 2006.
Became law without the signature of the Governor -- 6/14/06.
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