S 0035 General Bill, By Passailaigue and M.T. Rose
 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.

   09/19/94  Senate Prefiled
   09/19/94  Senate Referred to Committee on Labor, Commerce and Industry
   01/10/95  Senate Introduced and read first time SJ-20
   01/10/95  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-20
   04/25/95  Senate Committee report: Favorable with amendment Labor,
                     Commerce and Industry SJ-16
   04/26/95  Senate Amended SJ-49
   04/26/95  Senate Read second time SJ-50
   04/26/95  Senate Unanimous consent for third reading on next
                     legislative day SJ-50
   04/27/95  Senate Read third time and sent to House SJ-22
   05/02/95  House  Introduced and read first time HJ-3
   05/02/95  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-3
   05/15/96  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-1
   05/21/96  House  Objection by Rep. Whatley, Knotts, S. Whipper,
                     Wright, Law, Young-Brickell, Lanford, Cato,
                     Vaughn, Sharpe, Trotter, Meacham, R. Smith &
                     Bailey HJ-61
   05/21/96  House  Objection withdrawn by Rep. Wright HJ-138
   05/23/96  House  Objection withdrawn by Rep. Knotts HJ-72
   05/23/96  House  Debate adjourned until Tuesday, May 28, 1996 HJ-111
   05/28/96  House  Recommitted to Committee on Labor, Commerce and
                     Industry HJ-127

May 15, 1996

S. 35

S. Printed 5/15/96--H.

Read the first time May 2, 1995.

To whom was referred a Bill (S. 35), to amend the Code of Laws of South Carolina, 1976, by adding Chapter 24, etc., respectfully

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

Amend the bill, as and if amended, in Section 1-24-20 of the 1976 Code, as contained in SECTION 1, by striking subsection (C) which begins on line 10 of page 2 and inserting:

/(C) The board shall meet at least once a year and at the call of the chairman./

Amend title to conform.

HARRY F. CATO, for Committee.

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:

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 Finance Committee by the chairman of that committee;

(2) two members appointed from the House Ways and Means Committee by the chairman of that committee;

(3) two members representing public employees appointed by the Governor upon the recommendation 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; provided that the initially appointed members shall serve terms as prescribed in this act. 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.

(D) The chairman of the State Reorganization Commission, the chairman of the Senate Finance Committee, and the chairman of the House Ways and Means Committee shall jointly designate staff from the State Reorganization Commission, the House Ways and Means Committee, and the Senate Finance Committee to provide necessary administrative, legal, and research support for the board and, to the extent practical, use the personnel of appropriate state agencies and commissions with such administrative and legal resources.

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) three members, as determined by the Governor, for terms of one year;

(2) three members, as determined by the Governor, for terms of two years; and

(3) Senate and House members, for terms of two years.

SECTION 3. This act takes effect upon approval by the Governor.