Bill 3158

                    Current Status

Bill Number:                       3158
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970114
Primary Sponsor:                   Young-Brickell 
All Sponsors:                      Young-Brickell, Meacham and
                                   Haskins
Drafted Document Number:           jic\5213sd.97
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Subject:                           Privatization Policy Board
                                   provided, agencies, State
                                   Government

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
Senate  19970206  Introduced, read first time,             11 SJ
                  referred to Committee
House   19970205  Read third time, sent to Senate
House   19970204  Read second time
House   19970129  Committee report: Favorable              26 HLCI
House   19970114  Introduced, read first time,             26 HLCI
                  referred to Committee
House   19970108  Prefiled, referred to Committee          26 HLCI

COMMITTEE REPORT

January 29, 1997

H. 3158

S. Printed 1/29/97--H.

Read the first time January 14, 1997.

To whom was referred a Bill (H. 3158), 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 for state government, etc., respectfully

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

HARRY F. CATO, for Committee.

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 FOR STATE GOVERNMENT, PROVIDE FOR THE MEMBERSHIP, DUTIES, AND FUNCTIONS OF THE BOARD, AND DEFINE PRIVATIZATION AS AN 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.

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.

(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.