H 3272 General Bill, By Richardson, J. Brown, Canty, Cobb-Hunter, Harvin, 
W.D. Keyserling, Lloyd, Moody-Lawrence and Scott
 A Bill to amend Section 11-35-5010, Code of Laws of South Carolina, 1976,
 relating to assistance to minority business for purposes of the South Carolina
 Consolidated Procurement Code, so as to provide that a business that by
 written agreement will meet ownership requirements within five years of a
 contract award date qualifies as an economically disadvantaged small business
 and require incremental increase in qualifying ownership in each of the five
 years; and to amend Section 12-27-1320, as amended, relating to goals for
 awarding state source highway fund contracts to disadvantaged minorities and
 women, so as to provide that a business that by written agreement will meet
 the ownership requirements within five years of a contract award date must be
 certified as eligible to participate and require incremental increase in
 qualifying ownership in each of the five years.

   01/17/95  House  Introduced and read first time HJ-9
   01/17/95  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-9
   02/14/95  House  Tabled in committee Labor, Commerce and Industry

A BILL

TO AMEND SECTION 11-35-5010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSISTANCE TO MINORITY BUSINESS FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT A BUSINESS THAT BY WRITTEN AGREEMENT WILL MEET OWNERSHIP REQUIREMENTS WITHIN FIVE YEARS OF A CONTRACT AWARD DATE QUALIFIES AS AN ECONOMICALLY DISADVANTAGED SMALL BUSINESS AND REQUIRE INCREMENTAL INCREASE IN QUALIFYING OWNERSHIP IN EACH OF THE FIVE YEARS; AND TO AMEND SECTION 12-27-1320, AS AMENDED, RELATING TO GOALS FOR AWARDING STATE SOURCE HIGHWAY FUND CONTRACTS TO DISADVANTAGED MINORITIES AND WOMEN, SO AS TO PROVIDE THAT A BUSINESS THAT BY WRITTEN AGREEMENT WILL MEET THE OWNERSHIP REQUIREMENTS WITHIN FIVE YEARS OF A CONTRACT AWARD DATE MUST BE CERTIFIED AS ELIGIBLE TO PARTICIPATE AND REQUIRE INCREMENTAL INCREASE IN QUALIFYING OWNERSHIP IN EACH OF THE FIVE YEARS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 11-35-5010 of the 1976 Code is amended by adding at the end:

"(3) For purposes of meeting the ownership requirements of item (2) of this section, a socially and economically disadvantaged small business includes a business which by written agreement of the principals will meet the eligibility requirements of item (2) within five years of the contract award date. The agreement must provide for an incremental increase in qualifying ownership in each of the five years."

SECTION 2. Section 12-27-1320 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding an appropriately lettered subsection at the end to read:

"( ) A firm not otherwise eligible for certification because of ownership requirements must nevertheless be certified if a written agreement of the principals provides that the ownership requirements will be met within five years of the contract award date. The agreement must provide for an incremental increase in qualifying ownership in each of the five years."

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