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S. 1039
STATUS INFORMATION
General Bill
Sponsors: Senators Reese, Knotts, Drummond, Kuhn and Ravenel
Document Path: l:\council\bills\swb\5886cm04.doc
Companion/Similar bill(s): 4739
Introduced in the Senate on March 9, 2004
Currently residing in the Senate 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 ------------------------------------------------------------------------------- 3/9/2004 Senate Introduced and read first time SJ-9 3/9/2004 Senate Referred to Committee on Finance SJ-9 3/25/2004 Senate Recalled from Committee on Finance SJ-1 3/25/2004 Senate Committed to Committee on Judiciary SJ-2
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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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