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H 3801

Procurement

2025-2026 Regular Session Introduced by Heather Crawford and 2 co-sponsors

South Carolina version: exempts transportation planning and right-of-way work from the state procurement code to allow DOT to use federal planning funds more effectively without ad

Referred to Committee on Finance
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WeVote Research Nonpartisan
Bill Summary · H 3801

Bill H 3801 — Summary

Note up front: the materials provided appear to conflate two different bills with the same docket number in different jurisdictions. One is a short Massachusetts bill (Rep. David T. Vieira) concerning motor vehicle registration plates for federally recognized Native American tribes. The other is a South Carolina bill amending the state procurement code to add transportation planning and right-of-way work to procurement exemptions. The summary below presents both versions clearly and flags the discrepancy so readers can verify which jurisdiction/version they need.

Version A — Massachusetts (Rep. David T. Vieira)

Title: An Act relative to federally recognized Native American tribes

  • Purpose/Intent: To explicitly recognize federally recognized Native American tribes in Chapter 90 of the Massachusetts General Laws in the context of motor vehicle registration/plates.
  • Key provision: Amends Section 2 of Chapter 90 by inserting the words “or federally recognized Native American tribe” after the words “park board” (a brief textual insertion).
  • Effect: The change is narrow and technical; it appears intended to authorize (or clarify authority for) a statutory provision that treats "park board" similarly to federally recognized Native American tribes for the specific matter governed by Section 2 of Chapter 90 (likely related to vehicle registration plates or similar motor-vehicle statutory references).
  • Who is affected: Federally recognized Native American tribes in Massachusetts (and agencies administering Chapter 90 motor-vehicle rules).
  • Procedural status (from provided text): Introduced 1/14/2025 by Rep. Vieira; read first time 1/28/2025. (If you need to act on this bill, confirm the current status with the Massachusetts legislative clerk.)

Version B — South Carolina (Transportation / Procurement)

Title: A bill to amend S.C. Code §11-35-710 — exemptions from the Consolidated Procurement Code

  • Purpose/Intent: Add transportation planning and additional transportation-related work on state rights-of-way to the list of activities exempt from the state procurement code, clarifying DOT authority to procure services for these activities without following full procurement procedures.
  • Key provisions:
    • Adds “transportation planning; construction, maintenance, operation, and repair of bridges, highways, and roads; and other improvements on state's rights of way” to the exemptions in §11-35-710(A)(1).
    • Explicitly states the exemption does not apply to welcome centers operated or staffed by the Department of Parks, Recreation and Tourism (PRT).
    • Effective upon approval by the Governor.
  • Fiscal and operational impact:
    • No expected increase in state expenditures (per agency reports).
    • Allows Department of Transportation (DOT) to better utilize federal planning funds — DOT reports approximately $4,400,000 in FHWA planning funds that are difficult to fully obligate under existing state contracting limits.
    • Existing state indefinite-quantity contract limits cited: $300,000 per two-year period and no single project exceeding $100,000 — these caps have constrained DOT’s use of available federal funds and planning obligations under 23 C.F.R. Parts 420 and 450.
    • By exempting planning work from Chapter 35 purchasing rules, DOT could use other procurement authorities to deploy those federal funds more fully.
  • Who is affected:
    • South Carolina Department of Transportation (DOT) and engineering/planning firms that contract with DOT.
    • Department of Public Safety for vehicle/road equipment maintenance references.
    • Department of Parks, Recreation and Tourism (limited impact due to welcome-center exception).
    • Suppliers and contractors who compete for state procurement work (because some contracts would be exempted from the competitive procedures under Chapter 35).
  • Procedural status (from provided text):
    • Introduced and read first time 1/28/2025.
    • Referred to House Education and Public Works; committee report favorable 4/2/2025.
    • Read second time 4/08/2025; read third time and sent to Senate 4/09/2025; roll call recorded Yeas 102, Nays 0.
    • Referred in the Senate to Committee on Finance (dates in April 2025). Hearing scheduled 05/13/2025 (01:00–05:00 PM).
    • Effective date: upon gubernatorial approval (per text).
    • Fiscal office commentary: indicates the bill will enable DOT to use its federal planning funds without increasing state costs.

Key takeaways and recommendation

  • The two items are substantively different: one is a short Massachusetts motor-vehicle/statutory-recognition change for federally recognized tribes; the other is a South Carolina procurement exemption expansion for transportation planning and right-of-way work.
  • If you need to track or act on H 3801, first confirm the jurisdiction (Massachusetts vs. South Carolina) and the correct bill text/version. The procedural dates and committee references provided correspond primarily to the South Carolina drafting and committee activity; the Massachusetts text is much briefer and limited to Chapter 90 amendment language.

Compiled from official sources — confirm details with the bill’s official record.

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