S 222 Session 109 (1991-1992)
S 0222 General Bill, By Passailaigue
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 24
to Title 1 so as to provide for a privatization policy board by setting forth
definitions, members, and duties.
10/01/90 Senate Prefiled
10/01/90 Senate Referred to Committee on Finance
01/08/91 Senate Introduced and read first time SJ-84
01/08/91 Senate Referred to Committee on Finance
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING CHAPTER 24 TO TITLE 1 SO AS TO PROVIDE FOR
A PRIVATIZATION POLICY BOARD BY SETTING FORTH
DEFINITIONS, MEMBERS, AND DUTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 1 of the 1976 Code is amended by adding:
"CHAPTER 24
Privatization Policy Board
Section 1-24-10. As used in this chapter:
(1) 'Agency' is defined as in Section 1-19-40.
(2) 'Privatization' means action by a state agency to contract
with the private sector or with another state agency to perform functions
or services currently being performed by it.
Section 1-24-20. (A) There is created a Privatization Policy
Board composed of the chairman of the State Reorganization
Commission or his designee and ten members as follows:
(1) two members appointed from the Senate by the President;
(2) two members appointed from the House of Representatives
by the Speaker;
(3) two members representing public employees appointed by
the Governor upon the recommendations of the State Employees'
Association;
(4) two members representing the private business community
appointed by the Governor; and
(5) two members representing educational groups appointed
by the Governor.
(B) The appointed members shall serve for two-year terms until
their successors are appointed and qualify. A vacancy must be filled in
the manner of the original appointment for the unexpired term. Six
members constitute a quorum for organization and the transaction of
business. The board shall elect a chairman and other necessary officers
for two-year terms.
(C) The board shall meet at least once a year and at the call of the
chairman. Board members are allowed the usual mileage, per diem, and
subsistence as provided by law for members of state boards, committees,
and commissions.
Section 1-24-30. The board shall:
(1) review whether services performed by existing state
agencies could be privatized to provide the same types and quality of
services that result in cost savings;
(2) review requests for privatization of services and issues
concerning agency competition with the private sector and determine
whether privatization is feasible and would result in cost savings and
ways to eliminate unfair competition;
(3) recommend privatization to an agency when the proposed
privatization is demonstrated to provide a more cost efficient and
effective manner of providing existing governmental services; and
(4) promulgate regulations to carry out its duties.
Section 1-24-40. The board may appoint advisory groups to
conduct studies, research, and analyses and to make reports and
recommendations with respect to subjects or matters within the
jurisdiction of the board.
At least one member of the board must serve on each advisory group.
Section 1-24-50. This chapter does not preclude an agency
from privatizing a service or function independently of the board."
SECTION 2. The terms of the initially appointed members of the
privatization policy board provided for in Section 1-24-20, as added in
Section 1 of this act, are as follows:
(1) five members, as determined by the Governor: terms of one
year;
(2) five members, as determined by the Governor: terms of two
years.
SECTION 3. This act takes effect upon approval by the Governor.
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