H 4808 General Bill, By Wilkins and Harrison
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 13-1-25 SO AS TO PROVIDE THAT MONIES CONSTITUTING A FUND OF ANY KIND USED BY
 THE DEPARTMENT OF COMMERCE, REGARDLESS OF THEIR SOURCE, ARE PUBLIC MONIES
 SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC
 MONIES; TO AMEND SECTION 13-1-1720, RELATING TO THE PURPOSE AND DUTIES OF THE
 COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT FUNDS
 FROM FOUNDATION GRANTS AND PRIVATE FUNDS USED BY THE COUNCIL TO ENHANCE
 ECONOMIC GROWTH AND DEVELOPMENT ARE PUBLIC MONIES SUBJECT TO ALL
 ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC MONIES; AND TO
 AMEND SECTION 30-4-40, AS AMENDED, RELATING TO INFORMATION EXEMPT FROM
 DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT A
 CONTRACT FOR THE SALE OR PURCHASE OF PROPERTY RELATED TO EFFORTS TO ATTRACT OR
 RETAIN BUSINESS OR INDUSTRY IS EXEMPT UNTIL THE BUSINESS OR INDUSTRY HAS
 PUBLICLY ANNOUNCED ITS PROJECT OR A FINAL CONTRACT HAS BEEN EXECUTED AND TO
 PROVIDE THAT INFORMATION RELATIVE TO EFFORTS OR ACTIVITIES OF A PUBLIC BODY TO
 ATTRACT BUSINESS OR INDUSTRY TO INVEST IN THIS STATE ARE NOT EXEMPT FROM
 DISCLOSURE ONCE AN OFFER HAS BEEN ACCEPTED OR REJECTED OR HAS EXPIRED.

   02/27/02  House  Introduced and read first time HJ-15
   02/27/02  House  Referred to Committee on Judiciary HJ-16
   04/10/02  House  Committee report: Favorable Judiciary HJ-10
   04/11/02  House  Read second time HJ-59
   04/11/02  House  Unanimous consent for third reading on next
                     legislative day HJ-62
   04/12/02  House  Read third time and sent to Senate HJ-6
   04/16/02  Senate Introduced and read first time SJ-10
   04/16/02  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-10

Indicates New Matter

INTRODUCED

April 16, 2002

    H. 4808

L. Printed 4/16/02--S.

Read the first time April 16, 2002.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-25 SO AS TO PROVIDE THAT MONIES CONSTITUTING A FUND OF ANY KIND USED BY THE DEPARTMENT OF COMMERCE, REGARDLESS OF THEIR SOURCE, ARE PUBLIC MONIES SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC MONIES; TO AMEND SECTION 13-1-1720, RELATING TO THE PURPOSE AND DUTIES OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT FUNDS FROM FOUNDATION GRANTS AND PRIVATE FUNDS USED BY THE COUNCIL TO ENHANCE ECONOMIC GROWTH AND DEVELOPMENT ARE PUBLIC MONIES SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC MONIES; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO INFORMATION EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT A CONTRACT FOR THE SALE OR PURCHASE OF PROPERTY RELATED TO EFFORTS TO ATTRACT OR RETAIN BUSINESS OR INDUSTRY IS EXEMPT UNTIL THE BUSINESS OR INDUSTRY HAS PUBLICLY ANNOUNCED ITS PROJECT OR A FINAL CONTRACT HAS BEEN EXECUTED AND TO PROVIDE THAT INFORMATION RELATIVE TO EFFORTS OR ACTIVITIES OF A PUBLIC BODY TO ATTRACT BUSINESS OR INDUSTRY TO INVEST IN THIS STATE ARE NOT EXEMPT FROM DISCLOSURE ONCE AN OFFER HAS BEEN ACCEPTED OR REJECTED OR HAS EXPIRED.

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. These monies are subject to all accountability requirements governing public monies, including compliance with the South Carolina Consolidated Procurement Code, unless exempt by formal approval of the State Budget and Control Board. These monies are also subject to all disclosure requirements governing public monies, unless exempt by Section 30-4-40.

    (B)    In addition to all other required audits, reviews, and reports, by January 1 of each year the director must submit to the Governor, the Speaker of the House, and the President Pro Tempore of the Senate a detailed report of all expenditures for each fund during the previous calendar year. This report shall include an explanation of the specific purpose of each expenditure including recreational or entertainment purposes. Expenditures made pursuant to negotiations with an industry or business which are ongoing as of December 31 of the previous year may be excluded from that calendar year's report and reported the following January or January of the year following public announcement by the company or execution of a final contract by the Coordinating Council for Economic Development, whichever is later."

SECTION    2.    Section 13-1-1720(A)(4) of the 1976 Code, as added by Act 181 of 1993, 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. These monies are subject to all accountability requirements governing public monies, including compliance with the South Carolina Consolidated Procurement Code, unless exempt by formal approval of the State Budget and Control Board. These monies are also subject to all disclosure requirements governing public monies, unless exempt by Section 30-4-40;"

SECTION    3.    Section 30-4-40(a)(5) of the 1976 Code, as amended by Act 423 of 1998, is further amended to read:

    "(5)    Documents of and documents incidental to proposed contractual arrangements and documents of and documents incidental to proposed sales or purchases of property; however:

        (a)    these documents, which specifically include documents that reflect final financial commitments by a public body, are not exempt from disclosure once a contract is entered into or the property is sold or purchased except as otherwise provided in this section;

        (b)    a contract for the sale or purchase of real estate shall remain exempt from disclosure until the deed is executed, but this exemption applies only to those contracts of sale or purchase where the execution of the deed occurs within twelve months from the date of sale or purchase;

        (c)    a contract related to efforts or activities of a public body to attract or retain business or industry to invest within South Carolina shall remain exempt from disclosure until such business or industry has publicly announced its project or once the Coordinating Council for Economic Development has executed a final contract, whichever is later;

        (d)    confidential proprietary information provided to a public body for economic development or contract negotiations purposes is not required to be disclosed."

SECTION    4.    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 any person or entity acting on behalf of a public body to attract or retain business or industry to invest within South Carolina; however, this provision shall not be interpreted to exempt from disclosure documents related to final financial commitments made by a public body once the business or industry has publicly announced its project or the Coordinating Council for Economic Development has executed a final contract, whichever is later."

SECTION    5.    This act takes effect upon approval by the Governor.