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S 163

Session 125 (2023-2024)

S 0163  General Bill, By Climer and Gustafson

Similar(H 3118, H 3509, H 3510, H 3567)
 A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 13-1-55 SO
 AS TO PROHIBIT THE DEPARTMENT OF COMMERCE FROM OFFERING OR AWARDING INCENTIVES
 TO CERTAIN COMPANIES OWNED OR CONTROLLED BY THE PEOPLE'S REPUBLIC OF CHINA OR
 THE CHINESE COMMUNIST PARTY, AND TO PROHIBIT ANY COMPANY RECEIVING AN
 INCENTIVE FROM CONTRACTING WITH SUCH PROHIBITED COMPANIES; AND TO ADD SECTION
 4-12-30(Q) TO PROHIBIT A COUNTY FROM ENTERING INTO AN AGREEMENT TO OFFER A FEE
 IN LIEU OF TAXES TO CERTAIN COMPANIES OWNED OR CONTROLLED BY THE PEOPLE'S
 REPUBLIC OF CHINA OR THE CHINESE COMMUNIST PARTY.

   11/30/2022  Senate Prefiled
   11/30/2022  Senate Referred to Committee on Labor, Commerce and Industry
   1/10/2023  Senate Introduced and read first time (Senate Journal-page 89)
   1/10/2023  Senate Referred to Committee on Labor, Commerce and Industry (Senate Journal-page 89)
   2/8/2023         Scrivener's error corrected

VERSIONS OF THIS BILL

11/30/2022
02/08/2023

S 163 General Bill, By Climer and Gustafson

A bill

to amend the South Carolina Code of Laws by adding Section 13-1-55 so as to PROHIBIT THE DEPARTMENT OF COMMERCE FROM OFFERING OR AWARDING INCENTIVES TO CERTAIN COMPANIES OWNED OR CONTROLLED BY THE PEOPLE'S REPUBLIC OF CHINA OR THE CHINESE COMMUNIST PARTY, AND TO PROHIBIT ANY COMPANY RECEIVING AN INCENTIVE FROM CONTRACTING WITH SUCH PROHIBITED COMPANIES; and to add SECTION 4-12-30(Q) TO PROHIBIT A COUNTY FROM ENTERING INTO AN AGREEMENT TO OFFER A FEE IN LIEU OF TAXES TO CERTAIN COMPANIES OWNED OR CONTROLLED BY THE PEOPLE'S REPUBLIC OF CHINA OR THE CHINESE COMMUNIST PARTY.

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

SECTION 1. Article 1, Chapter 1, Title 13 of the S.C. Code is amended by adding:

Section 13-1-55. (A) The Department of Commerce, including any division thereof, may not offer or award any incentive or development grant to any company or development that is at least fifty percent owned or controlled by a company that is owned, in whole or in part, by, or is a subsidiary of a company that is owned, by the People's Republic of China or the Chinese Communist Party.

(B) Any company who is offered or awarded incentives from the department must sign a statement agreeing that the company will not contract with any company prohibited from receiving an incentive or grant pursuant to subsection (A).

(1) "Company" or "development" means a sole proprietorship, organization, association, corporation, partnership, venture, or other entity, or its subsidiary or affiliate, that exists for profit-making purposes or to otherwise secure economic advantage.

(2) "Incentive" or "development grant" means tax credits, deductions, exemptions, exclusions, fees in lieu of taxes, monetary benefits, subsidies, rebates, information required by the Governmental Accounting Standards Board regarding economic incentives, awards from the Governor's Closing Fund, assistance from the State provided on a discretionary basis to attract or retain business operations, and other preferential tax benefits given to businesses for the purpose of recruitment.

SECTION 2. Section 4-12-30 of the S.C. Code is amended by adding

(Q) No county may enter into an agreement to offer a fee in lieu of taxes to any company or development that is at least fifty percent owned or controlled by a company that is owned, in whole or in part, by, or is a subsidiary of a company that is owned by, the People's Republic of China or the Chinese Communist Party.

SECTION 3. This act takes effect upon approval by the Governor.

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