The state Department of Commerce got its formal
marching orders Monday to publicly disclose all grants, tax breaks and
other incentives it offers businesses to entice them to invest capital and
create jobs in South Carolina.
The once-secretive economic development agency voluntarily adopted most
of the reforms in March.
Gov. Mark Sanford, who signed the disclosure bill into law Monday, said
"letting the sunlight in is a big part of the change we're working to
bring to Columbia."
Under the legislation, the department must release details of the
incentive packages it offers companies, regardless of whether they choose
to invest in the state, after the negotiations are finished.
"Now, we won't have to worry about whether future administrations will
do it or not," said Bob Faith, state commerce secretary. "We know they
will."
Also, the law tightens the definition of "public monies," a move that
requires the agency to disclose expenditures from its previously secret,
privately financed "special events fund."
The bill reflects a profound shift at the Commerce Department, which
has been criticized in the past for its clandestine culture and lack of
accountability. In 1998, the agency tried to exempt all documents related
to its industrial recruit- ing efforts from the state's Freedom of
Information Act.
Then, in 2001, a spending scandal rocked the department. An internal
review found that the chief of staff at the time had spent money on
personal golf outings and that a communications manager had skirted
procurement rules by giving state business to companies that employed
personal acquaintances. A subsequent report by the Legislative Audit
Council found lavish spending on parties and a disregard for costs of
hotel rooms, airfare and meals.
Sanford said the new legislation was essential to ensure "we don't see
a repeat of past abuses."
Faith, a Charleston-based real estate executive who took over the
agency in January, said the department has been voluntarily releasing
information about its incentive packages for several months.
"I've always felt that when decisions can be examined out in the open,
in public, that you ultimately end up with better decisions," he said.
"That's particularly important when taxpayer money is involved."
In addition, he has said, the department plans to shed light in its
annual report about the companies that visit South Carolina and are
offered incentives but choose to invest elsewhere. The businesses likely
will be identified by industry but not by name.
Faith said he isn't concerned that the new disclosure law might upset
companies that are reluctant to air their incentive deals.
"I think in most states, once public funds are expended, ultimately
there is some level of public review," he said. "I don't think this puts
us at a competitive disadvantage whatsoever."
State Sen. John Kuhn, R-Charleston, said the disclosure bill passed
despite some resistance from pro-business interests, including the South
Carolina Chamber of Commerce. "A lot of people didn't want to touch that
bill," said Kuhn, one of the co-sponsors.
Ultimately, he said, opponents saw "that it was not such a bad thing to
let some sunshine in on the process."
House Speaker David Wilkins, R-Greenville, said the new law "restores
public confidence at a time in our state's economic history when South
Carolinians are depending on the Commerce Department more than ever."