South Carolina § 11-35-5340 - School district subject to consolidated procurement code; exemptions.

§ 11-35-5340. School district subject to consolidated procurement code; exemptions.

Irrespective of the source of funds, 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, Title 11, and shall notify the Director of the Division of Procurement Services of the State Fiscal Accountability Authority 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 Procurement Services of the State Fiscal Accountability Authority, 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 an audit firm approved by the Division of Procurement Services. Costs associated with the internal review and audits are the responsibility of the school district and will be paid to the entity performing the audit.

HISTORY: 1984 Act No. 493; 1985 Act No. 109, SECTION 1; 1993 Act No. 178, SECTION 13; 1997 Act No. 153, SECTION 1. Formerly Code 1976 SECTION 11-35-70, amended and recodified by 2019 Act No. 41 (S.530), SECTIONS 4 and 79, eff May 13, 2019.

Code Commissioner's Note

At the direction of the Code Commissioner, references in this section to the "Budget and Control Board", the "State Budget and Control Board" or the "board" were changed to the "State Fiscal Accountability Authority", the "authority", or the "Division of Procurement Services" of the "State Fiscal Accountability Authority", pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(B), effective July 1, 2015.

Editor's Note

2019 Act No. 41, SECTION 80, provides as follows:

"SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date."

Effect of Amendment

2019 Act No. 41, SECTION 4, in the first sentence, substituted "Director of the Division of Procurement Services" for "Director of the Office of General Services", and in the second sentence, substituted "Division of Procurement Services" for "Office of General Services" in two places.