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Bill 836

                    Current Status

Bill Number:                      836
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20020108
Primary Sponsor:                  Reese
All Sponsors:                     Reese, Elliott
Drafted Document Number:          l:\council\bills\dka\4616mm02.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          All monies to be treated as public, 
                                  regardless of source, of Dept. of Commerce, 
                                  Coordinating Council for Economic Development 
                                  and Water and Wastewater Infrastructure Fund; 
                                  review of expenditures and compliance; FOI 
                                  provisions


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020108  Introduced, read first time,           11 SJ
                  referred to Committee
Senate  20011219  Prefiled, referred to Committee        11 SJ


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-25 SO AS TO PROVIDE THAT ALL MONIES USED BY THE DEPARTMENT OF COMMERCE IN CARRYING OUT ITS PURPOSES BE TREATED LIKE PUBLIC MONIES, NOTWITHSTANDING THEIR SOURCE, AND TO PROVIDE FOR REVIEW OF EXPENDITURES FOR COMPLIANCE AND REASONABLENESS; TO AMEND SECTION 13-1-45, RELATING TO THE SOUTH CAROLINA WATER AND WASTEWATER INFRASTRUCTURE FUND AND POWERS AND DUTIES OF THE DEPARTMENT OF COMMERCE, SO AS TO PROVIDE FOR TREATMENT OF MONIES IN THE FUND AS PUBLIC MONIES, NOTWITHSTANDING THEIR SOURCE, AND TO REQUIRE REVIEW OF EXPENDITURES FOR COMPLIANCE AND REASONABLENESS; TO AMEND SECTION 13-1-1720, AS AMENDED, RELATING TO THE PURPOSES AND DUTIES OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT PRIVATE FUNDS AND FOUNDATION GRANT MONIES USED BY THE COUNCIL IN CARRYING OUT ITS PURPOSE BE TREATED LIKE PUBLIC MONIES AND TO PROVIDE FOR REVIEW OF EXPENDITURES FOR COMPLIANCE AND REASONABLENESS; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM THE DISCLOSURE PROVISIONS OF THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT MATERIALS RELATIVE TO THE ATTRACTION OF INDUSTRY OR BUSINESS TO THE STATE ARE SUBJECT TO DISCLOSURE ONCE NEGOTIATIONS BETWEEN THE INDUSTRY OR BUSINESS AND THE PUBLIC BODY ARE COMPLETED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 13-1-25. (A) The monies constituting a fund of any kind used by the department in carrying out a purpose described in Section 13-1-20 are public monies, notwithstanding their public or private source, and must be treated like public monies for all purposes and are subject to all accountability and disclosure requirements governing public monies, except as limited by Section 30-4-40.

(B) In addition to all other required audits, reviews, and reports, each fund also is subject to a review of all expenditures:

(1) generally, to ensure compliance with laws governing public monies. This review must be undertaken by the legal counsel for the department; and

(2) for recreation and entertainment specifically, to ensure reasonableness. This review must be undertaken by chief legal counsel to the Governor."

SECTION 2. Section 13-1-45 of the 1976 Code, as added by Act 387 of 2000, is amended by adding at the end:

"(P)(1) The monies constituting this fund are public monies for all purposes, notwithstanding their public or private source, and are subject to all accountability and disclosure requirements governing public monies, except as limited by Section 30-4-40.

(2) In addition to the annual audit required by Section 13-1-50, the fund also is subject to a review of all expenditures:

(a) generally, to ensure compliance with laws governing public monies. This review must be undertaken by the legal counsel for the department; and

(b) for recreation and entertainment specifically, to ensure reasonableness. This review must be undertaken by chief legal counsel to the Governor."

SECTION 3. Section 13-1-45(C)(8), (9), (10), and (11) of the 1976 Code, as added by Act 387 of 2000, is amended to read:

"(8) acquire by purchase, lease, donation, or other lawful means and sell, convey, pledge, lease, exchange, transfer, and dispose of all or part of its properties and assets of every kind and character or any interest in it to further the public purpose of the fund, without further approval or authorization subject to subsection (P);

(9) procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entity, including any department, agency, or instrumentality of the United States or this State, for the payment of any debt issued by a qualified borrower or other entity receiving assistance pursuant to this section, including the power to pay premiums or fees on insurance, guarantees, letters of credit, and other forms of collateral or security or credit support, without further approval or authorization subject to subsection (P);

(10) collect fees and charges in connection with financing assistance and expend such funds to effectuate the purposes of this section, subject to subsection (P);

(11) apply for, receive and accept from any source, aid, grants, and contributions of money, property, labor, or other things of value to be used to carry out the purposes of this section, subject to subsection (P);"

SECTION 4. Section 13-1-1720(A)(4) of the 1976 Code is amended to read:

"(4) use of federal funds, foundation grants, and private funds in the development, implementation, revision, and promotion of a strategic plan for economic development. Funds from foundation grants and private funds used for these purposes are public monies, notwithstanding their private source, and must be treated like public monies and are subject to all accountability and disclosure requirements governing public monies, except as limited by Section 30-4-40. In addition to the reports required by Section 13-1-1730, the use of funds is subject to review of expenditures:

(a) generally, to ensure compliance with laws governing public monies. This review must be undertaken by the legal counsel for the department; and

(b) for recreation and entertainment specifically, to ensure reasonableness. This review must be undertaken by chief legal counsel to the Governor;"

SECTION 5. Section 30-4-40(a)(9) of the 1976 Code is amended to read:

"(9) Memoranda, correspondence, documents, and working papers relative to efforts or activities of a public body or its agent to attract business or industry to invest within South Carolina; except that these materials lose their exemption and are subject to disclosure once negotiations between the business or industry and the public body are completed, whether by acceptance, rejection, or expiration of the outstanding offer."

SECTION 6. This act takes effect upon approval by the Governor.

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