South Carolina § 11-35-2420 - Reporting of anticompetitive practices; privileged communications.

§ 11-35-2420. Reporting of anticompetitive practices; privileged communications.

(A) When any information or allegations concerning anticompetitive practices among any bidders or offerors, come to the attention of any employee of the State, immediate notice of the relevant facts shall be transmitted to the Office of the Attorney General.

(B) Communications to the Office of the Attorney General and any testimony relating to the matters described in Section 11-35-2420(A) are privileged and may not be disclosed without prior approval of the Office of the Attorney General. A person required or permitted to report pursuant to Section 11-35-2420(A) or who participates in an investigation or judicial proceedings resulting from the report, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of these actions. In all such civil or criminal proceedings, good faith is a rebuttable presumption.

HISTORY: 1981 Act No. 148, SECTION 1; 1997 Act No. 153, SECTION 1; 2019 Act No. 41 (S.530), SECTION 37, eff May 13, 2019.

Editor's Note

2019 Act No. 41, SECTION 80, provides as follows:

"SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date."

Effect of Amendment

2019 Act No. 41, SECTION 37, inserted the (A) identifier; in (A), inserted "Office of the"; and added (B).