H 3272 Session 111 (1995-1996)
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.
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