South Carolina H 3801: Procurement

Bill Text

2025-2026 Bill 3801 Text of Previous Version (Apr. 04, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3801

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

Committee Report

April 2, 2025

H. 3801

Introduced 
by Reps. Erickson, Willis and Crawford 

S. Printed 4/2/25--H. [SEC 
4/4/2025 3:48 PM]

Read the first time January 28, 2025

________

The committee on House Education and 
Public Works

To whom was referred a Bill (H. 3801) to amend 
the South Carolina Code of Laws by amending Section 11-35-710, relating to 
exemptions from the state procurement code, so as to add planning for repairs, 
etc., respectfully

Report:

That they have duly and carefully considered 
the same, and recommend that the same do pass:

SHANNON ERICKSON for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill amends §11-35-710, relating to 
exemptions from the state procurement code, so as to add transportation 
planning, operation of bridges, highways, and roads, and other improvements on 
the state's rights of way to the list of exemptions. The bill specifies that 
this exemption does not apply to welcome centers operated or staffed by PRT. 

Exemptions from the state procurement code 
currently include construction, maintenance, and repair of bridges, highways 
and roads; vehicle and road equipment maintenance and repair; and other 
emergency-type parts or equipment utilized by DOT or the Department of Public 
Safety.

Department of Transportation. DOT 
indicates that this bill clarifies the agency's ability to work on other 
improvements on the state's right of way and their authority to do procurement 
on those projects but does not create any additional costs for the agency. 
Therefore, this bill will have no expenditure impact on the department. 

Department of Parks, Recreation, and 
Tourism. This bill specifies that the exemption does not apply to welcome 
centers operated or staffed by PRT. Therefore, the department indicates that 
the bill will have no expenditure impact because it does not materially or 
fiscally impact the agency.

State Revenue

This bill adds transportation planning, 
operation of bridges, highways, and roads, and other improvements on the 
state's rights of way to the list of exemptions from the purchasing procedures 
in Chapter 35 of Title 11, South Carolina's Consolidated Procurement Code. 

DOT indicates that by including 
transportation planning in the list of exemptions, the department will be able 
to utilize all of its available federal funding. DOT reports that FHWA 
distributes $4,400,000 of federal funding to South Carolina for transportation 
planning. DOT currently solicits for these services under the state procurement 
request for proposals process. Pursuant to the state procurement procedures in §11-35-3310, 
indefinite quantity contracts for engineering firms are limited to $300,000 for 
a two-year period with individual project expenditures not to exceed $100,000. 
This threshold is preventing DOT from utilizing all of the available $4,400,000 
and from meeting some required planning activities pursuant to 23 C.F.R. Parts 
420 and 450. Therefore, this bill will enable the department to utilize all of 
its available Federal Funds.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

_______

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 11-35-710, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO 
AS TO ADD PLANNING FOR REPAIRS TO BRIDGES, HIGHWAYS, ROADS, AND OTHER 
IMPROVEMENTS ON THE STATE'S RIGHTS OF WAY TO THE LIST OF EXEMPTIONS AND TO 
PROVIDE CERTAIN EXCEPTIONS.

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

SECTION 1. Section 11-35-710(A)(1) of the S.C. Code is amended to 
read:

 (1) the transportation planning, construction, maintenance, operation, and repair of bridges, highways, and roads; , and other improvements on state's rights of way; vehicle 
and road equipment maintenance and repair; and other emergency-type parts or 
equipment utilized by the Department of Transportation or the Department of 
Public Safety. This exemption does not apply to welcome 
centers operated or staffed by the Department of Parks, Recreation and Tourism;

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on April 04, 2025 at 03:49 PM