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Sponsors: Reps. Toole, E.H. Pitts, Bingham, Quinn, Huggins, Cotty, Herbkersman, Lourie, Haskins, Limehouse, Pinson, Branham, Ceips, Davenport, Duncan, Gilham, Hamilton, Harrison, Hosey, Leach, M.A. Pitts, Sandifer, G.M. Smith, G.R. Smith, Taylor, Weeks, Whitmire, Witherspoon and Jennings
Document Path: l:\council\bills\ggs\22432htc04.doc
Companion/Similar bill(s): 1039
Introduced in the House on February 11, 2004
Currently residing in the House Committee on Judiciary
Summary: State agencies not to provide goods and services that compete with private sector
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/11/2004 House Introduced and read first time HJ-13 2/11/2004 House Referred to Committee on Judiciary HJ-13 3/3/2004 House Member(s) request name removed as sponsor: Bales 4/21/2004 House Member(s) request name added as sponsor: Jennings
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VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-30 SO AS TO PROVIDE THAT IT IS THE PUBLIC POLICY OF THIS STATE THAT STATE AGENCIES DO NOT PROVIDE GOODS AND SERVICES IN COMPETITION WITH PRIVATE BUSINESS, TO PROVIDE DEFINITIONS WITH RESPECT TO THIS POLICY, AND TO PROVIDE THOSE REQUIREMENTS NECESSARY FOR CONTRAVENING THIS POLICY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 1 of the 1976 Code is amended by adding:
"Section 1-1-30. (A) As used in this section:
(1) 'agency' means a state agency, board, committee, commission, or institution and includes a nonprofit corporation, foundation, or other nonprofit entity, however described, established by or otherwise associated with a state agency.
(2) 'goods and services' means goods and services produced by or otherwise made available by the agency to private individuals or private entities, the provision of which does not constitute the primary governmental purpose of the agency.
(B) The General Assembly declares that it is the public policy of this State that state agencies shall not undertake to provide goods and services when those goods and services are readily and competitively available or which can be made readily and competitively available from private sector businesses or other organizations in this State. Before a state agency may undertake to produce or otherwise provide goods and services, it must submit a request in writing to the State Budget and Control Board detailing the goods and services to be provided and the agency's justification for providing them in contravention of the public policy of this State. The agency may proceed only upon a written finding by the State Budget and Control Board that the:
(1) goods and services to be offered are not or cannot be made readily and competitively available from private sector businesses or other organizations in this State; and
(2) offering of these goods and services will measurably enhance the ability of the state agency in the performance of its primary governmental purpose."
SECTION 2 This act takes effect upon approval by the Governor.
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