A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 27-1-80 SO AS TO PROVIDE THAT CERTAIN COMPANIES OWNED, IN WHOLE OR IN PART, OR CONTROLLED BY THE PEOPLE'S REPUBLIC OF CHINA OR THE CHINESE COMMUNIST PARTY MAY NOT OWN, LEASE, POSSESS, OR EXERCISE ANY CONTROL OVER ANY LAND OR REAL ESTATE LOCATED WITHIN TWENTY-FIVE MILES OF A STATE OR FEDERAL MILITARY BASE OR INSTALLATION FOR THE PURPOSE OF INSTALLING OR ERECTING CERTAIN TOWERS.

 

Whereas, the General Assembly finds that the People's Republic of China (PRC), led by the Chinese Communist Party, is an autocratic and totalitarian government and has been recognized by the Federal Bureau of Investigation as a "grave threat to the economic well-being and democratic values of the United States"; and

 

Whereas, the federal government has determined that a number of foreign nations are actively hostile to the United States and pursuant to federal law has designated these nations as foreign adversaries:

       (1) the People's Republic of China;

       (2) the Republic of Cuba;

       (3) the Islamic Republic of Iran;

       (4) the Democratic People's Republic of Korea;

       (5) the Russian Federation; and

       (6) the Venezuelan politician Nicolás Maduro (Maduro Regime); and

 

Whereas, federal law enforcement and homeland security authorities have warned businesses and the public of the dangers of using technology manufactured in the PRC, as such technology can be used to steal trade secrets, disrupt U.S. infrastructure, spy on U.S. citizens and governmental agencies, and otherwise be used by the Chinese government to undermine the interests and values of the United States and the ability of its citizens to live in a free, democratic society; and

 

Whereas, the National Intelligence Law of the People's Republic of China requires all Chinese businesses to assist in China's intelligence operations; and

 

Whereas, the General Assembly desires to continue South Carolina's long and successful history of inviting international cooperation in economic development while taking precautions against predatory, hostile interests; and

 

Whereas, the General Assembly finds that narrowly focused legislation limiting the ability of individuals and entities under the control of hostile foreign adversary governments to acquire sensitive real property, to protect South Carolina's critical infrastructure from cyberattacks and electronic espionage, and is necessary and proper for the protection of the state's economy and the freedom of its residents. Now, therefore,

 

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

 

SECTION 1.  Chapter 1, Title 27 of the S.C. Code is amended by adding:

 

    Section 27-1-80. (A) Any company or development 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 or controlled by the People's Republic of China or the Chinese Communist Party or whose principal place of business is located within the People's Republic of China may not own, lease, possess, or exercise any control over any land or real estate located within twenty-five miles of a state or federal military base or installation for the purpose of installing or erecting any type of telecommunications or broadcasting tower. Any telecommunications or broadcasting equipment in place before January 1, 2025, must be replaced with equipment made in the United States and installed by a company located in the United States. All telecommunications and broadcasting equipment may be inspected at anytime without notice for monitoring, jamming, or interception equipment which must be removed if found.

    (B) For purposes of this section:

       (1) "Chinese Communist Party" includes all agencies, institutions, and instrumentalities of the Chinese Communist Party.

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

       (3) "Military base" includes, but is not limited to, Fort Jackson, Shaw Air Force Base, Marine Corps Air Station Beaufort, Marine Corps Recruit Depot Parris Island, Joint Base Charleston, McEntire Joint National Guard Base, and the United States Coast Guard Stations at Charleston and Georgetown. The term also shall include any base, camp, post, facility, station, yard, range, or other activity under the jurisdiction of the United States Secretary of Defense, the secretary of a military department, or the Governor or Adjutant General of South Carolina.

       (4) "People's Republic of China" includes all agencies, institutions, instrumentalities, and political subdivisions of the People's Republic of China.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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