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Bill 815

                    Current Status

Bill Number:                      815
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20020108
Primary Sponsor:                  Hawkins
All Sponsors:                     Hawkins, Richardson
Drafted Document Number:          l:\council\bills\pt\1677dw02.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Incentive offers to attract industry; 
                                  certain documents used in no longer exempt 
                                  from disclosure; fiscal impact of incentives 
                                  required


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020108  Introduced, read first time,           11 SJ
                  referred to Committee
Senate  20011212  Prefiled, referred to Committee        11 SJ


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-55 SO AS TO PROVIDE THAT A PUBLIC BODY OR PERSON OR ENTITY ACTING ON BEHALF OF THE PUBLIC BODY THAT OFFERS CERTAIN INCENTIVES TO ATTRACT A BUSINESS OR INDUSTRY TO INVEST IN SOUTH CAROLINA MUST DISCLOSE THE FISCAL IMPACT OF THE OFFER ON THE PUBLIC BODY OR OTHER GOVERNMENTAL ENTITY AT THE TIME THE OFFER IS ACCEPTED OR REJECTED AND REQUIRE WHAT THE FISCAL IMPACT DISCLOSURE MUST REVEAL; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT CERTAIN MATERIALS SPECIFIED IN IT ARE NOT EXEMPT FROM MANDATORY DISCLOSURE UPON ACCEPTANCE, REJECTION, OR EXPIRATION OF ANY OFFER MADE BY OR ON BEHALF OF ANY PUBLIC BODY.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 30-4-55. Any public body, as defined by Section 30-4-20(a), or any person or entity acting on behalf of the public body, that seeks to attract business or industry to invest in South Carolina by offering incentives that require the expenditure of public funds, the transfer of anything of value or that reduces the rate or alters the method of taxation of the business or industry must disclose at the time any offer is accepted or rejected the fiscal impact of the offer on the public body and any governmental entity affected by the offer. The fiscal impact disclosure must reveal the cost or current value of the transfer, the difference between tax revenue that would have been collected in the absence of the incentives and the taxes or fees to be collected under the offer."

SECTION 2. 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 business or industry to invest within South Carolina; however, these documents are not exempt from disclosure once an offer to attract an industry or business to invest in South Carolina has been accepted or rejected or has expired."

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

This web page was last updated on Tuesday, December 8, 2009 at 11:14 A.M.