S 434 Session 110 (1993-1994)
S 0434 General Bill, By McConnell
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
11-35-1595 so as to provide the maximum space allocation for governmental
bodies entering into new leases and for exceptions; to amend Section
11-35-1510, relating to methods of source selection under the Procurement
Code, so as to include a reference to Section 11-35-1595; and to amend Section
11-35-1590, relating to leasing of real property for governmental body when it
needs to acquire real property for its operations when state-owned property is
not available, and to provide for regulations of the Budget and Control Board
concerning procedures for competitive proposals to ensure the most
cost-effective procurement of leased space.
02/17/93 Senate Introduced and read first time SJ-5
02/17/93 Senate Referred to Committee on Judiciary SJ-5
04/07/93 Senate Committee report: Favorable with amendment
Judiciary SJ-20
04/08/93 Senate Amended SJ-77
04/08/93 Senate Read second time SJ-77
04/08/93 Senate Ordered to third reading with notice of
amendments SJ-77
04/13/93 Senate Read third time and sent to House SJ-18
04/14/93 House Introduced and read first time HJ-70
04/14/93 House Referred to Committee on Ways and Means HJ-71
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 8, 1993
S. 434
Introduced by SENATOR McConnell
S. Printed 4/8/93--S.
Read the first time February 17, 1993.
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 11-35-1595 SO AS TO PROVIDE FOR THE
MAXIMUM SPACE ALLOCATION FOR GOVERNMENTAL
BODIES ENTERING INTO NEW LEASES AND FOR EXCEPTIONS;
TO AMEND SECTION 11-35-1510, RELATING TO METHODS OF
SOURCE SELECTION UNDER THE PROCUREMENT CODE, SO
AS TO INCLUDE A REFERENCE TO SECTION 11-35-1595; AND
TO AMEND SECTION 11-35-1590, RELATING TO LEASING OF
REAL PROPERTY FOR GOVERNMENTAL BODIES, SO AS TO
REVISE THE REQUIREMENTS OF A GOVERNMENTAL BODY
WHEN IT NEEDS TO ACQUIRE REAL PROPERTY FOR ITS
OPERATIONS WHEN STATE-OWNED PROPERTY IS NOT
AVAILABLE, AND TO PROVIDE FOR REGULATIONS OF THE
BUDGET AND CONTROL BOARD CONCERNING PROCEDURES
FOR COMPETITIVE PROPOSALS TO ENSURE THE MOST
COST-EFFECTIVE PROCUREMENT OF LEASED SPACE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 11-35-1595. (A) Except as otherwise authorized in
this section, the maximum space allocation for governmental bodies
entering into new leases is, for:
(1) an agency director or an employee with similar duties and
responsibilities: three hundred square feet;
(2) an assistant agency director or an employee with similar duties
and responsibilities: two hundred twenty-five square feet;
(3) a supervisory or professional position: one hundred fifty
square feet;
(4) a clerical position: equal to an average of seventy-five square
feet;
(5) all other space needs including, but not limited to, reception
areas, conference rooms, storage areas, or classrooms: as determined by
the Division of General Services. In determining the maximum space
allocation for these space needs, the division shall consider the size of
the governmental body, the duties, responsibilities, and services
provided by the governmental body, the convenience to the public, and
other factors the division determines are necessary to achieve optimum
space usage. The division shall require a governmental body to set out
its space needs in writing.
(B) The division may refuse to approve a lease agreement when
allocations exceed the statutory maximums or when, in the judgment of
the director of the division, the lease proposal is not cost effective based
upon the provisions of this subarticle and related regulations. The
division, in its discretion, may approve lease agreements exceeding the
statutory maximums provided in this section if the governmental body
demonstrates through written documentation that there is a justifiable
need for additional space or that an alteration of the proposed leased
space to conform to the provisions of this section is not cost effective.
(C) Nothing in this chapter shall apply to the renewal of leases
entered into before the effective date of this section."
SECTION 2. Section 11-35-1510 of the 1976 Code is amended to
read:
"Section 11-35-1510. Unless otherwise provided by law, all
state contracts shall must be awarded by competitive
sealed bidding, pursuant to Section 11-35-1520, except as provided in:
(1) Section 11-35-1250 (Authority to Contract for Auditing
Services);
(2) Section 11-35-1260 (Authority to Contract for Legal Services);
(3) Section 11-35-1270 (Authority to Contract for Certain Services);
(4) Section 11-35-1530 (Competitive Sealed Proposals);
(5) Section 11-35-1540 (Negotiations After Unsuccessful
Competitive Sealed Bidding);
(6) Section 11-35-1550 (Small Purchases);
(7) Section 11-35-1560 (Sole Source Procurements);
(8) Section 11-35-1570 (Emergency Procurements);
(9) Section 11-35-1580 (Procurement of Information Technology);
(10) Section 11-35-1590 (Leasing of Real Property for Governmental
Bodies);
(11) Section 11-35-1595 (Maximum Space Allocation for
Governmental Bodies);
(12) Section 11-35-3020 (Construction Procurement
Procedures);
(12)(13) Section 11-35-3220 (Architect-Engineer,
Construction Management and Land Surveying Services Procurement
Procedures);
(13)(14) Section 11-35-3230 (Exception for Small
Architect-Engineer and Land Surveying Services Contracts)."
SECTION 3. Section 11-35-1590 of the 1976 Code is amended to
read:
"Section 11-35-1590. (1)(A) Designation of
Board as Single Central Broker. The board is hereby designated
as the single central broker for the leasing of real property for
governmental bodies. No governmental body shall may
enter into any a lease agreement or renew any
an existing lease except in accordance with the provisions of
this Section section.
(2)(B) Notification as to Need When State-Owned
Property is Unavailable. When any a governmental
body needs to acquire real property for its operations or any
a part thereof of its operations and the
Division of General Services determines that state-owned property
is not available, it the governmental body shall
notify request that the division of General Services
of review its requirement requirements.
A request must be submitted on rental request forms prepared
by the division. Such The forms shall
must indicate the amount and location of space desired, the
parking requirements, the purpose for which it shall is
to be used, the proposed date of occupancy, and
such other information as the division may require to
ensure that competition is encouraged in the acquisition of leased
space.
Upon receipt of any such a request, the division shall
conduct an investigation of available rental space which would
adequately meet meets the governmental body's
requirements, including specific locations which may be suggested and
preferred by the governmental body concerned. This investigation
must include an analysis of the cost effectiveness of a move or
expansion through a review of estimated moving costs, new furniture or
equipment purchases associated with the move as certified by the
agency. This investigation also must include installation expenses for
telephone, information technology, or other items, loss of undepreciated
assets, and upfitting or permanent improvement costs such as floor
coverings, wall coverings, decorating, or structural improvements for the
specific locations under consideration. If the director of the division
determines, based upon the investigation, that a governmental body's
requirements are too restrictive to facilitate adequate competition or to
facilitate a cost-effective procurement of leased space the division may
require the governmental body to modify its requirements. When
suitable space has been located which the governmental body and the
division agree meets necessary requirements and standards for state
leasing as prescribed in by this subarticle and the
regulations of the board as provided for in subsection (3)
(C) of this Section section, the division shall
give its written approval to the governmental body to enter into a lease
agreement. In the event If the governmental body
and does not agree with the division fail to reach
agreement with regard to the appropriate property for leasing or
a decision rendered by the division pursuant to this subarticle, the
controversy shall must be referred to the board which
shall make a final determination of the matter. All proposed lease
renewals shall must be submitted to the division by the
time specified by the division it specifies.
The division may not give its written approval to the
governmental body to enter into a lease agreement until the division
verifies that adequate funds exist for the lease payments and the
governmental body certifies that it has funds in its existing accounts to
pay additional lease payments and related costs. A transfer of funds by
a governmental body that has been made or is necessary to meet lease
payment obligations and related costs under a proposed lease agreement
must be reported to the division before its approval of the lease
agreement. If the lease is approved by the division, actual transfers
made to pay lease obligations and related costs also must be reported by
the governmental body to the State Bidding Practices Committee at the
end of each fiscal year in which transfers are made. These requirements
are in addition to other provisions regarding the transfer of funds among
the accounts within a governmental body.
(3)(C) Promulgation of Regulations. The board shall
promulgate regulations to implement the provisions of this
Section section which shall include:
(a) Procedures procedures for governmental
bodies to apply for rental space.;
(b) Flexible flexible cost standards for rental
space.;
(c) Procedures procedures for competitive
bidding where feasible proposals to ensure the most
cost-effective procurement of leased space and provide objective criteria
for determining when competition is not feasible. The division
shall certify, based upon written documentation, that competition is not
feasible in those instances where a determination is made and approval
is granted by the division to acquire leased space without
competition;
(d) uniform standards for determining space needs and
space allocation;
(e) guidelines for evaluating lease proposals giving
weight not only to location, but to the policy of the General Assembly
which is to rent the most cost-effective space considering the duties,
responsibilities, and services provided by the governmental body, the
convenience to the public, the safety of the employees, the condition of
the building, and the consolidation of the governmental body in one
location;
(f) guidelines to ensure that, before entering into a
lease, governmental bodies review and consider the acquisition of
surplus property before new equipment or new furniture is
purchased."
SECTION 4. This act takes effect upon approval by the Governor.
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