H 3853

South Carolina General Assembly
126th Session, 2025-2026
Bill 3853
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION 12-10-88, RELATING TO REDEVELOPMENT FEES REMITTED BY THE DEPARTMENT OF
REVENUE, SO AS TO REMOVE AN ANNUAL MAXIMUM AND TO REMOVE A SUNSET PROVISION;
AND BY AMENDING ACT 356 OF 2002 SO AS TO DELETE A PROVISION REQUIRING THE
SHARING OF CERTAIN REVENUE.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Section 12-10-88 of the S.C. Code is 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 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 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 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 any quarter beginning on or after the date that the applicable
redevelopment authority first submits the information described in subsection
(B) to the department. 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 federal installation" means:
       (1) until January 1, 2028 June 30, 2043,
a federal defense site in which permanent employment was reduced by three
thousand or more jobs from the level of such jobs on December 31, 1990, or a
federal military base or installation which has been closed or realigned under:
  (a)
the Defense Base Closure and Realignment Act of 1990;
  (b)
Title 11 of the Defense Authorization Amendments and Base Closure and
Realignment Act; or
  (c)
Section 2687 of Title 10, United States Code.
SECTION 2.  SECTION
15 of Act 356 of 2002 is amended to read:
    SECTION 15. Notwithstanding
any other provision of law the Charleston Naval Complex Redevelopment Authority
(RDA), upon receiving ownership from the United States of America, shall convey
certain parcels of real property to the City of North Charleston as per the mutual
agreement described hereafter. These parcels shall be delineated through a
mutual agreement between the City of North Charleston and the South Carolina
State Ports Authority that takes into account the respective needs of each
entity in the property south of Necessary Street. All conveyances shall be at
no consideration once the City of North Charleston and the South Carolina State
Ports Authority have entered into a memorandum of understanding and agreement
for the operation of breakbulk, roll on roll off, and container terminals and
dock operations on appropriate properties that are subject to the oversight or
control of the Charleston Naval Complex Redevelopment Authority. The City of
North Charleston shall honor all existing leases as negotiated by the
Charleston Naval Complex Redevelopment Authority prior to the effective date of
this section. Furthermore, all properties conveyed shall retain any Tax
Increment Finance District status, any state or federal grants applied to the
area, and any state revenues currently directed to the Charleston Redevelopment
Authority on a per acre basis for the relative properties conveyed to the City
of North Charleston. In addition, any revenues received from the State under
the Rural Development Act relating to the number of federal employees at the
naval complex shall be shared pursuant to the location of the jobs on the
complex.
SECTION 3.  This act takes effect upon approval
by the Governor.
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This web page was last updated on January 30, 2025 at 11:43 AM