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TO AMEND SECTION 12-10-88, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDEVELOPMENT FEES, SO AS TO SPECIFY TO WHOM REDEVELOPMENT FEES MAY BE REMITTED; TO AMEND SECTION 31-12-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE REDEVELOPMENT OF CERTAIN FEDERAL INSTALLATIONS, SO AS TO DEFINE "REDEVELOPMENT PROJECT"; AND BY ADDING SECTION 31-12-70 SO AS TO AUTHORIZE A REDEVELOPMENT AUTHORITY TO USE REDEVELOPMENT FEES ON CERTAIN OPERATING COSTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-10-88, of the 1976 Code, as last amended by Act 255 of 2016, is further amended to read:
"Section 12-10-88. (A) Subject to the conditions provided in subsection (B), South Carolina individual income tax withholding equal to five percent of all South Carolina wages paid with respect to employees that are employed by a federal employer at a closed or realigned
military federal installation must be remitted by the department to the redevelopment authority vested with authority under Section 31-12-40(A) to oversee the closed or realigned military federal installation. The amounts of withholding collected and remitted to the applicable redevelopment authority are referred to as 'redevelopment fees'.
(B) The department shall remit the redevelopment fees during the period described in subsection (C) for each calendar quarter for which the redevelopment authority provides the department with a timely statement from the federal employer that employs the employees working at the closed or realigned
military federal installation setting forth the number of employees employed at the installation, the total wages paid to these employees, and the total amount of South Carolina withholding withheld from the employees for each quarter. In order to receive the redevelopment fees for the applicable quarter, the redevelopment authority shall submit the statement within thirty days of the later of the date that the federal employer's South Carolina withholding tax return is due or the date the federal employer files the withholding tax return. The department may extend the time for submission of the statement at its discretion.
(C) Redevelopment fees may be remitted to the applicable redevelopment authority for
a period any quarter beginning with on or after the date that the applicable redevelopment authority first submits the information described in subsection (B) to the department and ending fifteen years later or January 1, 2021, whichever occurs last. If the redevelopment authority fails to provide the department with the required statement within the requisite time limits, no redevelopment fees must be remitted for that quarter. Notwithstanding subsection (A), the redevelopment fee remitted by the department in any fiscal year may not exceed the amount remitted in Fiscal Year 2014-2015.
(D) Neither the federal employer nor the applicable redevelopment authority is required to meet the requirements of Section 12-10-50 for subsection (A) to apply and the restrictions contained in Section 12-10-80(C) do not apply to redevelopment fees.
(E) For purposes of this section 'closed or realigned
military federal installation' means:
(1) until January 1, 2021, a federal defense site in which permanent employment was reduced by three thousand or more jobs
after from the level of such jobs on December 31, 1990, or a federal military base or installation which is has been closed or realigned under:
(1)(a) the Defense Base Closure and Realignment Act of 1990;
(2)(b) Title 11 of the Defense Authorization Amendments and Base Closure and Realignment Act; or
(3)(c) Section 2687 of Title 10, United States Code; and
(2) from and after January 1, 2021, a federal site in which permanent employment has been reduced by three thousand or more jobs from the level of such jobs on December 31, 1996."
SECTION 2. Section 31-12-30(6) of the 1976 Code is amended to read:
"(6) 'Redevelopment project' means buildings, improvements, including street improvements, water, sewer and storm drainage facilities, parking facilities, and recreational facilities. A project or undertaking authorized under Section 6-21-50 also may qualify as a redevelopment project under this chapter. All such projects may be owned by the authority, the municipality, the county, or other appropriate public body. This term includes portions of the redevelopment project located outside the redevelopment project area so long as they provide needed infrastructure support for the redevelopment project area that had been, as of January 1, 2017, designated by the United States Department of Housing and Urban Development or by the United States Department of Agriculture as a 'Promise Zone'."
SECTION 3. Section 31-12-70(A) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) to use the redevelopment fees provided pursuant to Section 12-10-88 for the administration and implementation of the redevelopment authority's redevelopment plans, including without limitation, by permitting the use of the fees by multicounty economic development not-for-profit corporations whose members include one or more counties that contain some or all of the area of operation of the redevelopment authority for their administration and operating costs;"
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on December 13, 2016 at 2:07 PM