A bill

to amend the South Carolina Code of Laws by amending Section 30-4-40, relating to Matters exempt from the freedom of information act, so as to delete the exemption for documents relating to governmental efforts to attract businesses to this state.

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

SECTION 1.   Section 30-4-40(a)(9) of the S.C. Code is amended to read:

   (9) Memoranda, correspondence, documents, and working papers relative to efforts or activities of a public body and of a person or entity employed by or authorized to act for or on behalf of a public body to attract business or industry to invest within South Carolina; however, an incentive agreement made with an industry or business: (1) requiring the expenditure of public funds or the transfer of anything of value, (2) reducing the rate or altering the method of taxation of the business or industry, or (3) otherwise impacting the offeror fiscally, is not exempt from disclosure after:

         (a) the offer to attract an industry or business to invest or locate in the offeror's jurisdiction is accepted by the industry or business to whom the offer was made; and

         (b) the public announcement of the project or finalization of any incentive agreement, whichever occurs later Reserved.

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

----XX----