S.C. Code Ann. § 11-35-3030 — SC Code / Title 11 / Chapter 35 / Article 9 / Section 11-35-3030
SECTION 11-35-3030. Bond and security.
Status: in_force

(1) Bid Security. (a) Requirement for Bid Security. Bid security is required for all competitive sealed bidding for construction contracts in a design-bid-build procurement in excess of one hundred thousand dollars and other contracts as may be prescribed by the State Engineer's Office. Bid security is a bond provided by a surety company meeting the criteria established by the regulations of the board or otherwise supplied in a form that may be established by regulation of the board. (b) Amount of Bid Security. Bid security must be in an amount equal to at least five percent of the amount of the bid at a minimum. (c) Rejection of Bids for Noncompliance with Bid Security Requirements. When the invitation for bids requires security, noncompliance requires that the bid be rejected except that a bidder who fails to provide bid security in the proper amount or a bid bond with the proper rating must be given one working day from bid opening to cure the deficiencies. If the bidder is unable to cure these deficiencies within one working day of bid opening, his bid must be rejected. (d) Withdrawal of Bids. After the bids are opened, they must be irrevocable for the period specified in the invitation for bids. If a bidder is permitted to withdraw its bid in accordance with regulations promulgated by the board, action must not be had against the bidder or the bid security. (2) Contract Performance Payment Bonds. (a) When Required-Amounts. Contracts for construction must require the following bonds or security: (i) a performance bond satisfactory to the State, executed by a surety company meeting the criteria established by the board in regulations, or otherwise secured in a manner satisfactory to the State, in an amount equal to one hundred percent of the portion of the contract price that does not include the cost of operation, maintenance, and finance; (ii) a payment bond satisfactory to the State, executed by a surety company meeting the criteria established by the board in regulations, or otherwise secured in a manner satisfactory to the State, for the protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of the construction work provided for in the contract. The bond must be in an amount equal to one hundred percent of the portion of the contract price that does not include the cost of operation, maintenance, and finance; (iii) in the case of a construction contract valued at fifty thousand dollars or less, the governmental body may waive the requirements of subitems (i) and (ii) above, if the governmental body has protected the State; (iv) in the case of a construction manager at-risk contract, the solicitation may provide that bonds or security are not required during the project's preconstruction or design phase, if construction does not commence until the requirements of subitems (i) and (ii) above have been satisfied. Additionally, the solicitation may provide that bonds or security as described in subitems (i) and (ii) above may be furnished for one or more designated portions of the project, in an amount equal to one hundred percent of the value of the construction of each designated portion, and also may prescribe the time of delivery of the bonds or security. In no event may construction of any portion of the work commence until the appropriate bonds or security have been delivered to the governmental body; (v) in the case of a design-build, design-build-operate-maintain, or design-build-finance-operate-maintain contract, the solicitation may provide that bonds or security as described in subitems (i) and (ii) above may be furnished for one or more designated portions of the project, in an amount equal to one hundred percent of the value of the design and construction of each designated portion, and also may prescribe the time of delivery of the bonds or security. In no event may design or construction of any portion of the work commence until the appropriate bonds or security have been delivered to the governmental body. (b) Authority to Require Additional Bonds. Item (2) does not limit the authority of the board to require a performance bond or other security in addition to these bonds, or in circumstances other than specified in subitem (a) of that item in accordance with regulations promulgated by the board. (c) Suits on Payment Bonds-Right to Institute. A person who has furnished labor, material, or rental equipment to a bonded contractor or his subcontractors for the work specified in the contract, and who has not been paid in full for it before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by the person or material or rental equipment was furnished or supplied by the person for which the claim is made, has the right to sue on the payment bond for the amount, or the balance of it, unpaid at the time of institution of the suit and to prosecute the action for the sum or sums justly due the person. A remote claimant has a right of action on the payment bond only upon giving written notice to the contractor within ninety days from the date on which the person did or performed the last of the labor or furnished or supplied the last of the material or rental equipment upon which the claim is made, stating with substantial accuracy the amount claimed as unpaid and the name of the party to whom the material or rental equipment was furnished or supplied or for whom the labor was done or performed. The written notice to the bonded contractor must be served personally or served by mailing the notice by registered or certified mail, postage prepaid, in an envelope addressed to the bonded contractor at any place the bonded contractor maintains a permanent office for the conduct of its business, or at the current address as shown on the records of the Department of Labor, Licensing and Regulation. The aggregate amount of a claim against the payment bond by a remote claimant may not exceed the amount due by the bonded contractor to the person to whom the remote claimant has supplied labor, materials, rental equipment, or services, unless the remote claimant has provided notice of furnishing labor, materials, or rental equipment to the bonded contractor. The written notice to the bonded contractor must generally conform to the requirements of Section 29-5-20(B) and sent by certified or registered mail to the bonded contractor at any place the bonded contractor maintains a permanent office for the conduct of its business, or at the current address as shown on the records of the Department of Labor, Licensing and Regulation. After receiving the notice of furnishing labor, materials, or rental equipment, payment by the bonded contractor may not lessen the amount recoverable by the remote claimant. The aggregate amount of claims on the payment bond may not exceed the penal sum of the bond. A suit under this section must not be commenced after the expiration of one year after the last date of furnishing or providing labor, services, materials, or rental equipment. For purposes of this section, "bonded contractor" means the contractor or subcontractor furnishing the payment bond, and "remote claimant" means a person having a direct contractual relationship with a subcontractor or supplier of a bonded contractor, but no expressed or implied contractual relationship with the bonded contractor. Any payment bond surety for the bonded contractor must have the same rights and defenses of the bonded contractor as provided in this section. (d) Suits on Payment Bonds-Where and When Brought. Every suit instituted upon a payment bond must be brought in a court of competent jurisdiction for the county or circuit in which the construction contract was to be performed; except that a suit must not be commenced after the expiration of one year after the day on which the last of the labor was performed or material was supplied by the person bringing suit. The obligee named in the bond need not be joined as a party in the suit. (3) Bonds Forms and Copies. (a) Bonds Forms. The board shall promulgate by regulation the form of the bonds required by this section. (b) Certified Copies of Bonds. A person may request and obtain from the governmental body a certified copy of a bond upon payment of the cost of reproduction of the bond and postage, if any. A certified copy of a bond is prima facie evidence of the contents, execution, and delivery of the original. (4) Retention. (a) Maximum amount to be withheld. In a contract or subcontract for construction which provides for progress payments in installments based upon an estimated percentage of completion, with a percentage of the contract's proceeds to be retained by the State or general contractor pending completion of the contract or subcontract, the retained amount of each progress payment or installment must be no more than three and one-half percent. (b) Release of Retained Funds. When the work to be performed on a state construction project or pursuant to a state construction contract is to be performed by multiple prime contractors or by a prime contractor and multiple subcontractors, the work contracted to be done by each individual contractor or subcontractor is considered a separate division of the contract for the purpose of retention. As each division of the contract is certified as having been completed, that portion of the retained funds which is allocable to the completed division of the contract must be released forthwith to the prime contractor, who, within ten days of its receipt, shall release to the subcontractor responsible for the completed work the full amount of retention previously withheld from him by the prime contractor. (5) Bonds for Bid Security and Contract Performance. The requirement of a bond for bid security on a construction contract, pursuant to subsection (1), and a construction contract performance bond, pursuant to subsection (2), may not include a requirement that the surety bond be furnished by a particular surety company or through a particular agent or broker. Editor's Note 2008 Act No. 174, SECTION 21, provides as follows: "This act takes effect upon approval by the Governor and applies to solicitations issued on or after January 1, 2008." 2019 Act No. 41, SECTION 80, provides as follows: "SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date." Effect of Amendment 2014 Act No. 264, SECTION 3, in subsection (c), fourth sentence from the end, substituted "generally conform to the requirements of Section 29-5-20(B) and sent by certified or registered mail" for "be served personally or sent by fax or by electronic mail or by registered or certified mail, postage prepaid,", and added the last sentence relating to time for bringing suit. 2019 Act No. 41, SECTION 43, in (1), in (a), in the second sentence, substituted "one hundred thousand dollars" for "fifty thousand dollars", and in (d), in the third sentence, substituted "in accordance with regulations promulgated by the board" for "before bid opening pursuant to Section 11-35-1520(7)"; and in (2), rewrote (a), in (iii), inserted "subitems", in (iv), in the first sentence, inserted "subitems" and added the second and third sentences, and added (v).
S.C. Code Ann. § 11-57-30 — SC Code / Title 11 / Chapter 57 / Article 1 / Section 11-57-30
SECTION 11-57-30. Definitions.
Status: in_force

As used in this chapter: (1) "Energy sector of Iran" means activities to develop petroleum or natural gas resources or nuclear power in Iran. (2) "Financial institution" means the term as used in Section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note). (3) "Investment" means a commitment or contribution of funds or property, whatever the source, a loan or other extension of credit, and the entry into or renewal of a contract for goods or services. It does not include indirect beneficial ownership through index funds, commingled funds, limited partnerships, derivative instruments, or the like. (4) "Iran" includes the Government of Iran and any agency or instrumentality of Iran. (5) "Person" means any of the following: (a) a natural person, corporation, company, limited liability company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; (b) any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in Section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); (c) any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subitems (a) and (b) of this item. (6) "State agency" means each state board, commission, department, executive department or officer, institution, and instrumentality.
S.C. Code Ann. § 11-31-20 — SC Code / Title 11 / Chapter 31 / Section 11-31-20
SECTION 11-31-20. Bonds held for reissuance.
Status: in_force

The coupon bonds so exchanged shall be held by the State Treasurer and shall be available for subsequent reissuance if at a later date the holder of any fully registered bond shall so request and shall agree to pay such charges as the state board shall require.
S.C. Code Ann. § 11-38-20 — SC Code / Title 11 / Chapter 38 / Section 11-38-20
SECTION 11-38-20. Authorization to issue; amount; sale; sale price; maturity; interest.
Status: in_force

(A) The State Fiscal Accountability Authority is authorized to provide for the issuance of capital improvement bonds in denominations of less than one thousand dollars. (B) Capital improvement bonds in denominations of less than $1,000 are authorized to be sold at a price less than par, plus accrued interest from their date to the date of their delivery. (C) For the purpose of computing the principal amount of capital improvement bonds issued, the amount of capital improvement bonds issued in denominations less than $1,000 must be determined by the amount the State receives from the issuance of such bonds, rather than the par amount of such bonds. (D) Capital improvement bonds issued in denominations of less than $1,000 shall mature in such amounts and at such times as the State Treasurer shall determine. (E) The requirement that capital improvement bonds be sold upon sealed proposals, after publication of notice of sale one or more times at least ten days before such sale, in a newspaper of general circulation in the State and also a financial paper published in New York City, shall not apply to the sale of capital improvement bonds in denominations of less than $1,000. The State Treasurer is authorized to develop and implement a program for the sale of capital improvement bonds in denominations of less than $1,000, including the advertisement of it, that will ensure an opportunity for citizens of the State to purchase these capital improvement bonds. (F) The State Treasurer shall determine the rate or rates of interest that capital improvement bonds issued in denominations of less than $1,000 shall bear. Effect of Amendment 2014 Act No. 121, SECTION 20.F, in subsection (A), substituted "Fiscal Accountability Authority" for "Budget and Control Board", and made other nonsubstantive changes.
S.C. Code Ann. § 11-35-4210 — SC Code / Title 11 / Chapter 35 / Article 17 / Section 11-35-4210
SECTION 11-35-4210. Right to protest; procedure; duty and authority to attempt to settle; administrative review; stay of procurement.
Status: in_force

(1) Right to Protest. (a) A prospective bidder, offeror, contractor, or subcontractor who is aggrieved in connection with a solicitation shall protest to the appropriate chief procurement officer in the manner stated in subsection (2) within fifteen days of the date of issuance of the Invitation For Bids Request for Proposals or other solicitation documents, whichever is applicable, or any amendment to it, if the amendment is at issue. An Invitation for Bids or Requests for Proposals or other solicitation document, not including an amendment to it, is considered to have been issued on the date required notice of the issuance is given in accordance with this code. (b) Any actual bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the intended award or award of a contract shall notify the appropriate chief procurement officer in writing of its intent to protest within seven business days of the date that award or notification of intent to award, whichever is earlier, is posted and sent in accordance with this code. Any actual bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the intended award or award of a contract and has timely notified the appropriate chief procurement officer of its intent to protest, may protest to the appropriate chief procurement officer in the manner stated in subsection (2) within fifteen days of the date award or notification of intent to award, whichever is earlier, is posted and sent in accordance with this code; except that a matter that could have been raised pursuant to subitem (a) as a protest of the solicitation may not be raised as a protest of the award or intended award of a contract. (c) Any actual or prospective bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the intended award or award of a contract pursuant to Section 11-35-1560 or Section 11-35-1570 shall notify the appropriate chief procurement officer in writing of its intent to protest within five business days of the date that award or notification of intent to award, whichever is earlier, is posted in accordance with this code. Any actual or prospective bidder, offeror, contractor, or subcontractor who is aggrieved in connection with the intended award or award of such a contract and has timely notified the appropriate chief procurement officer of its intent to protest, may protest to the appropriate chief procurement officer in the manner stated in subsection (2) within fifteen days of the date award or notification of intent to award, whichever is earlier, is posted in accordance with this code; except that a matter that could have been raised pursuant to subitem (a) as a protest of the solicitation may not be raised as a protest of the award or intended award of a contract. (d) The rights and remedies granted by subsection (1) and Section 11-35-4410(1)(b) are not available for contracts with an actual or potential value of up to fifty thousand dollars. (2) Protest Procedure. A protest pursuant to subsection (1) must be in writing, filed with the appropriate chief procurement officer, and set forth the grounds of the protest and the relief requested with enough particularity to give notice of the issues to be decided. The protest must be received by the appropriate chief procurement officer within the time provided in subsection (1). (3) Duty and Authority to Attempt to Settle Protests. Before commencement of an administrative review as provided in subsection (4), the appropriate chief procurement officer, the head of the purchasing agency, or their designees may attempt to settle by mutual agreement a protest of an aggrieved bidder, offeror, contractor, or subcontractor, actual or prospective, concerning the solicitation or award of the contract. The appropriate chief procurement officer has the authority to approve any settlement reached by mutual agreement. (4) Administrative Review and Decision. If in the opinion of the appropriate chief procurement officer, after reasonable attempt, a protest cannot be settled by mutual agreement, the appropriate chief procurement officer shall conduct promptly an administrative review. The appropriate chief procurement officer or his designee shall commence the administrative review no later than fifteen business days after the deadline for receipt of a protest has expired and shall issue a decision in writing within ten days of completion of the review. The decision must state the reasons for the action taken. (5) Notice of Decision. A copy of the decision under subsection (4) along with a statement of appeal rights pursuant to Section 11-35-4210(6) must be mailed or otherwise furnished immediately to the protestant and other party intervening. The appropriate chief procurement officer, or his designee, also shall post a copy of the decision at a date and place communicated to all parties participating in the administrative review, and the posted decision must indicate the date of posting on its face and must be accompanied by a statement of the right to appeal provided in Section 11-35-4210(6). (6) Finality of Decision. A decision pursuant to subsection (4) is final and conclusive, unless fraudulent or unless a person adversely affected by the decision requests a further administrative review by the Procurement Review Panel pursuant to Section 11-35-4410(1) within ten days of posting of the decision in accordance with subsection (5). The request for review must be directed to the appropriate chief procurement officer, who shall forward the request to the panel or to the Procurement Review Panel, and must be in writing, setting forth the reasons for disagreement with the decision of the appropriate chief procurement officer. The person also may request a hearing before the Procurement Review Panel. The appropriate chief procurement officer and an affected governmental body shall have the opportunity to participate fully in a later review or appeal, administrative or judicial. (7) Automatic Stay of Procurement During Protests. In the event of a timely protest pursuant to subsection (1), the State shall not proceed further with the solicitation or award of the contract until ten days after a decision is posted by the appropriate chief procurement officer, or, in the event of timely appeal to the Procurement Review Panel, until a decision is rendered by the panel except that solicitation or award of a protested contract is not stayed if the appropriate chief procurement officer, after consultation with the head of the using agency, makes a written determination that the solicitation or award of the contract without further delay is necessary to protect the interest of the State. (8) Notice of Chief Procurement Officer Address. Notice of the address of the appropriate chief procurement officer must be included in every notice of an intended award and in every invitation for bids, request for proposals, or other type solicitation. Editor's Note 2019 Act No. 41, SECTION 80, provides as follows: "SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date." Effect of Amendment 2019 Act No. 41, SECTION 56, rewrote (1); in (2), deleted the (a) identifier, in the second sentence, substituted "subsection (1)" for "subsection (1)(a)", and deleted (b), which related to requirements for protests pursuant to subsection (1)(b); in (3), in the third sentence, deleted ", or his designee" following "chief procurement officer"; and in (7), in the second sentence, substituted "interest of the State" for "best interests of the State".
S.C. Code Ann. § 11-9-810 — SC Code / Title 11 / Chapter 9 / Article 9 / Section 11-9-810
SECTION 11-9-810. Findings and purpose.
Status: in_force

The General Assembly finds and declares that the present system of advising the Governor and the State Fiscal Accountability Authority and General Assembly on economic trends has, at times, developed in a fragmented manner, and that a unified system of dealing with the collection, analysis, interpretation, and presentation of matters relative to the economy is urgently needed for the orderly development of projections and forecasts as relates to revenues and expenditures for a specified period of time. It is the purpose of this provision to establish an organizational and procedural framework governing formulation, evaluation and continuing review of all state revenues and expenditures for all state programs; and to establish general policy governing the administration of the Board of Economic Advisors and the Revenue and Fiscal Affairs Office. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015. Effect of Amendment 2018 Act No. 246, SECTION 2, in the second sentence, substituted "Board of Economic Advisors and the Revenue and Fiscal Affairs Office" for "Office of The Board of Economic Advisors".
S.C. Code Ann. § 11-15-420 — SC Code / Title 11 / Chapter 15 / Article 5 / Section 11-15-420
SECTION 11-15-420. Declaration of purpose.
Status: in_force

This article is intended to authorize and provide the procedure for the issuance of general obligation bonds whose proceeds are to be used to pay, in whole or in part, sums due on general obligation bonds previously issued.
S.C. Code Ann. § 11-56-30 — SC Code / Title 11 / Chapter 56 / Section 11-56-30
SECTION 11-56-30. Purpose of chapter.
Status: in_force

The purposes of this chapter are to: (1) better ensure that South Carolina's microenterprises are able to realize their full potential to create jobs, enhance entrepreneurial skills and activity, and increase the capacity of low-income households to become self-sufficient; and (2) facilitate the development of a permanent infrastructure of statewide microlending support organizations to serve the microenterprise and self-employment sectors.
S.C. Code Ann. § 11-15-500 — SC Code / Title 11 / Chapter 15 / Article 5 / Section 11-15-500
SECTION 11-15-500. Place of payment.
Status: in_force

Such refunding bonds shall be made payable at such place or places, within or without the State as the governing body shall provide.
S.C. Code Ann. § 11-57-20 — SC Code / Title 11 / Chapter 57 / Article 1 / Section 11-57-20
SECTION 11-57-20. Findings.
Status: in_force

The General Assembly finds that: (1) Congress and the President have determined that the illicit nuclear activities of the Government of Iran, combined with its development of unconventional weapons and ballistic missiles, and its support of international terrorism, represent a serious threat to the security of the United States, Israel, and other United States allies in Europe, the Middle East, and around the world. (2) The International Atomic Energy Agency has repeatedly called attention to Iran's unlawful nuclear activities, and, as a result, the United Nations Security Council has adopted a range of sanctions designed to encourage the Government of Iran to cease those activities and comply with its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons. (3) On July 1, 2010, President Barack Obama signed into law H.R. 2194, the "Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010" (Public Law 111-195), which expressly authorizes states and local governments to prevent investment in, including prohibiting entry into or renewing contracts with, companies operating in Iran's energy sector with investments that have the result of directly or indirectly supporting the efforts of the Government of Iran to achieve nuclear weapons capability. (4) The serious and urgent nature of the threat from Iran demands that states, local governments, and private institutions work together with the federal government and American allies to do everything possible diplomatically, politically, and economically to prevent Iran from acquiring a nuclear weapons capability. (5) Respect for human rights in Iran has steadily deteriorated as demonstrated by transparently fraudulent elections and the brutal repression and murder, arbitrary arrests, and show trials of peaceful dissidents. (6) The concerns of the State of South Carolina regarding Iran are strictly the result of the actions of the Government of Iran and should not be construed as enmity towards the Iranian people. (7) In order to effectively address the need for this State to respond to the policies of Iran in a uniform fashion, prohibiting contracts with persons engaged in investment activities in the energy sector of Iran must be accomplished on a statewide basis. (8) It is the intent of the General Assembly to fully implement the authority granted under Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111-195).
S.C. Code Ann. § 11-17-110 — SC Code / Title 11 / Chapter 17 / Section 11-17-110
SECTION 11-17-110. Tax exempt status of notes.
Status: in_force

All notes issued pursuant to this chapter and all interest to accrue thereon shall have the tax exempt status prescribed by SECTION 12-1-60.
S.C. Code Ann. § 11-7-50 — SC Code / Title 11 / Chapter 7 / Section 11-7-50
SECTION 11-7-50. Service on board or commission prohibited; management responsibility of program by auditor or staff prohibited.
Status: in_force

(A) To preserve the independence and objectivity of the audit function, the State Auditor or his employees may not serve in any capacity on an administrative board, commission, or other organization that they have the responsibility or authority to audit, and they may not have a material, direct or indirect, financial or other economic interest in the transactions of a state agency. (B) The State Auditor or a member of his staff may not conduct an audit of a program, activity, or agency for which he had management responsibility or by which he has been employed during the last two years.
S.C. Code Ann. § 11-50-55 — SC Code / Title 11 / Chapter 50 / Section 11-50-55
SECTION 11-50-55. Director of the authority.
Status: in_force

The authority, by a majority vote of the board of directors, may hire a director for the authority, so long as at least one of the gubernatorial appointees and at least three of the legislative appointees vote in favor of the hiring.
S.C. Code Ann. § 11-15-540 — SC Code / Title 11 / Chapter 15 / Article 5 / Section 11-15-540
SECTION 11-15-540. Pledges and covenants to ensure payment; ad valorem tax.
Status: in_force

For the payment of the principal and interest of such bonds as they respectively mature and for the creation of such sinking fund as may be necessary to provide for the prompt payment thereof, the full faith, credit, taxing power and resources of the issuer shall be irrevocably pledged, and there shall be levied and collected annually upon all taxable property of the issuer an ad valorem tax, without limitation as to rate or amount, sufficient for such purposes. The governing body of the issuer may, in its discretion, additionally secure the refunding bonds by a pledge of such revenues as were pledged to secure additionally the outstanding bonds. If such refunding bonds be additionally secured, covenants similar to those made in issuing the outstanding bonds may be made.
S.C. Code Ann. § 11-11-340 — SC Code / Title 11 / Chapter 11 / Article 3 / Section 11-11-340
SECTION 11-11-340. State Institution Bonds and State Highway Bonds Debt Service Fund; credit of funds.
Status: in_force

There is established in the State Treasury the State Institution Bonds and State Highway Bonds Debt Service Fund which must be maintained separately from the general fund and other funds. Annually there must be credited to this account amounts sufficient for debt service payments on state institution bonds and state highway bonds. Amounts credited to this fund are not considered state general fund revenues.
S.C. Code Ann. § 11-40-30 — SC Code / Title 11 / Chapter 40 / Section 11-40-30
SECTION 11-40-30. Definitions.
Status: in_force

As used in this chapter, unless a different meaning clearly appears from the context: (1) "Authority" means the South Carolina Infrastructure Facilities Authority. (2) "Bonds" means bonds, notes, or other evidences of obligation of the authority issued under this chapter, including bond, grant or revenue anticipation notes, notes in the nature of commercial paper, and refunding bonds. (3) "Bond Resolution" means the resolution or resolutions of the authority, including the trust agreement or trust indenture, if any, authorizing the issuance of and providing for the terms and conditions applicable to bonds. (4) "Federal program" means any federal statutes or regulations pursuant to which federal grant funds are made available for environmental facilities and projects, and the rules and regulations promulgated thereunder. (5) "Fund" means the South Carolina Infrastructure Revolving Loan Fund established pursuant to Section 11-40-50, including the various accounts established thereunder. (6) "Infrastructure facilities" or "environmental facilities" means any publicly-owned projects, structures, and other real or personal property acquired, rehabilitated, constructed, or planned for the purposes of water supply, treatment, storage and distribution; sewerage collection treatment and disposal; or solid waste collection, treatment and disposal. (7) "Infrastructure service" or "environmental services" means the provision, collectively or individually, of water facilities, sewerage facilities, solid waste facilities, or management services. (8) "Loan" means a loan from the authority to a local government for the purpose of financing all or a portion of the cost of a project. (9) "Loan agreement" means a written agreement entered into between the authority and a local government to evidence its indebtedness with respect to a loan. (10) "Loan obligation" means a bond, note, or other evidence of obligation issued by a local government to evidence its indebtedness under a loan agreement or otherwise with respect to a loan. (11) "Local government" or "local governing authority" means any municipal corporation, county, special purpose district, special service district, commissioners of public works, or any other public body or agency of the State, including combinations of two or more of these entities acting jointly to construct, own, or operate a project or provide water or sewer or solid waste services, and any other state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of the State which may construct, own, or operate a project. (12) "Management services" means technical, administrative, instructional, or informational services provided to any current or potential loan recipient in, but not limited to, the areas of service charge structure; accounting, capital improvements budgeting or financing; financial reporting, treasury management, debt structure or administration or related fields of financial management; contract or grant administration; management of water, sewer, or solid waste systems; and economic development administration strategies. (13) "Obligation" means any bond, revenue bond, note, lease, contract, evidence of indebtedness, debt, or other obligation of the authority, the State, or local governments which are authorized to be issued under this chapter or under the Constitution or other laws of this State, including refunding bonds. (14) "Project" or "infrastructure project" means: (a) the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, for the essential public purpose of providing environmental facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, industry, agriculture, and employment opportunities; and (b) management programs or other programs or plans authorized to be established under federal programs, including, but not limited to, developing and implementing conservation and management plans and such other projects as the authority determines are permissible uses of funds.
S.C. Code Ann. § 11-43-560 — SC Code / Title 11 / Chapter 43 / Article 5 / Section 11-43-560
SECTION 11-43-560. Request for issuance of transportation infrastructure bonds; resolution, contents.
Status: in_force

The board is authorized to request the state board to issue transportation infrastructure bonds. In order to effect the issuance of bonds pursuant to this article, the state board may adopt a resolution providing for the issuance of transportation infrastructure bonds, upon written request by the board, and may transmit a certified copy thereof to the Governor and to the State Treasurer, with the request that they issue and deliver transportation infrastructure bonds in accordance with the terms and conditions of such resolution. This resolution must set forth: (1) the amount, denomination, and numbering of transportation infrastructure bonds to be issued; (2) the date as of which the same shall be issued; (3) the maturity schedule for the retirement of the transportation infrastructure bonds; (4) the redemption provisions, if any, applicable to the bonds; (5) the maximum rate or rates of interest the bonds shall bear; (6) the purposes for which the bonds are to be issued; (7) the occasion on which bids shall be received for the sale of the bonds; (8) the form of advertisement of sale; (9) the form of the bonds of the particular issue; and (10) such other matters as may be considered necessary in order to effect the sale, issuance, and delivery thereof.
S.C. Code Ann. § 11-9-130 — SC Code / Title 11 / Chapter 9 / Article 1 / Section 11-9-130
SECTION 11-9-130. Funds for capital improvement projects not on state-owned property.
Status: in_force

Funds authorized by the General Assembly for capital improvement projects not located on state-owned property may be expended only if the projects are owned or operated by a governmental entity including, but not limited to, municipalities or counties or a combination of governmental entities or by a separate authority whose membership is controlled by a governmental entity.
S.C. Code Ann. § 11-49-140 — SC Code / Title 11 / Chapter 49 / Section 11-49-140
SECTION 11-49-140. Exemption from provisions of Chapter 23, Title 1.
Status: in_force

Notwithstanding any other provision of law, the provisions of Chapter 23, Title 1, do not apply to the actions of the board and the authority.
S.C. Code Ann. § 11-35-1510 — SC Code / Title 11 / Chapter 35 / Article 5 / Section 11-35-1510
SECTION 11-35-1510. Methods of source selection.
Status: reserved

Unless otherwise provided by law, all state contracts must be awarded by competitive sealed bidding, pursuant to Section 11-35-1520, except as provided in: (1) Section 11-35-1250 (Authority to Contract for Auditing Services); (2) Section 11-35-1260 (Authority to Contract for Legal Services); (3) Section 11-35-1525 (Fixed Priced Bidding); (4) Section 11-35-1528 (Competitive Best Value Bidding); (5) Section 11-35-1529 (Competitive Online Bidding); (6) Section 11-35-1530 (Competitive Sealed Proposals); (7) Section 11-35-1535 (Competitive Negotiations); (8) Section 11-35-1540 (Negotiations After Unsuccessful Competitive Sealed Bidding); (9) Section 11-35-1550 (Small Purchases); (10) Section 11-35-1560 (Sole Source Procurements); (11) Section 11-35-1570 (Emergency Procurements); (12) Section 11-35-1575 (Participation in Auction or Bankruptcy Sale); (13) (Reserved) (14) Section 11-35-3015 (Source Selection Methods Assigned to Project Delivery Methods); (15) Section 11-35-3220 (Architect Engineer, Construction Management and Land Surveying Services Procurement Procedures); and (16) Section 11-35-3230 (Exception for Small Architect-Engineer and Land Surveying Services contracts). Editor's Note 2008 Act No. 174, SECTION 21, provides as follows: "This act takes effect upon approval by the Governor and applies to solicitations issued on or after January 1, 2008." 2019 Act No. 41, SECTION 80, provides as follows: "SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date." Effect of Amendment 2019 Act No. 41, SECTION 17, inserted (7), and redesignated (7) to (15) as (8) to (16); and in (16), substituted "contracts" for "Contracts".
S.C. Code Ann. § 11-19-70 — SC Code / Title 11 / Chapter 19 / Section 11-19-70
SECTION 11-19-70. Application of proceeds of obligations.
Status: in_force

It shall be the duty of the governing body to apply the proceeds of any obligations issued pursuant to this chapter to the cost of the construction of the project for which the grant is to be made, but no purchaser of any obligations shall be liable for the proper application of the proceeds.
S.C. Code Ann. § 11-5-460 — SC Code / Title 11 / Chapter 5 / Article 3 / Section 11-5-460
SECTION 11-5-460. Palmetto ABLE Savings Program Trust Fund established; Palmetto ABLE Savings Expense Fund established.
Status: in_force

(A) The Palmetto ABLE Savings Program Trust Fund is established in the Office of the State Treasurer. The trust fund must be utilized if the State Treasurer elects to accept deposits from contributors rather than have deposits sent directly to the program manager. The trust fund must consist of any monies deposited by account owners and other contributors pursuant to the provisions of this article which are not deposited directly with the program manager. All interest derived from the deposit and investment of monies in the trust fund must be credited to the fund. At the end of each fiscal year, all unexpended and unencumbered monies in the trust fund must remain in the fund and not be credited or transferred to the state general fund or to another fund. (B)(1) The Palmetto ABLE Savings Expense Fund is established in the Office of the State Treasurer. The expense fund must consist of monies received from the Palmetto ABLE Savings Program manager or managers, governmental or private grants, and state general fund appropriations, if any, for the program. (2) All expenses incurred by the State Treasurer in developing and administering the Palmetto ABLE Savings Program must be payable from the Palmetto ABLE Savings Expense Fund. Editor's Note 2016 Act No. 165, SECTION 4, provides as follows: "SECTION 4. This act takes effect upon approval by the Governor and applies for tax years beginning after 2015." Effect of Amendment 2019 Act No. 88, SECTION 1, in (A), in the first sentence, substituted "Palmetto ABLE Savings Program Trust Fund" for "South Carolina ABLE Savings Program Trust Fund"; in (B), in (1), in the first sentence, substituted "Palmetto ABLE Savings Expense Fund" for "South Carolina ABLE Savings Expense Fund", and in the second sentence, substituted "Palmetto ABLE Savings Program" for "ABLE Savings Program", and in (2), substituted "Palmetto ABLE Savings Program" for "ABLE Savings Program" and "Palmetto ABLE Savings Expense Fund" for "South Carolina ABLE Savings Expense Fund".
S.C. Code Ann. § 11-35-1030 — SC Code / Title 11 / Chapter 35 / Article 3 / Section 11-35-1030
SECTION 11-35-1030. Procurement training and certification.
Status: in_force

The chief procurement officers develop a system of training for procurement in accordance with regulations by the board. The training must encompass the latest techniques and methods of public procurement. If considered appropriate by the chief procurement officers, the training must include a requirement for the certification of the procurement officer of each purchasing agency.
S.C. Code Ann. § 11-35-1550 — SC Code / Title 11 / Chapter 35 / Article 5 / Section 11-35-1550
SECTION 11-35-1550. Small purchase procedures; when competitive bidding required.
Status: in_force

(1) Authority. The following small purchase procedures may be utilized only in conducting procurements for governmental bodies that are up to the amounts specified herein, but not in excess of the authority granted pursuant to Section 11-35-1210. Procurement requirements must not be artificially divided by governmental bodies so as to constitute a small purchase pursuant to this section. (2) Competition and Price Reasonableness. (a) No Competition. Small purchases not exceeding ten thousand dollars may be accomplished without securing competitive quotations if the prices are considered reasonable. The purchasing office must annotate the purchase requisition: "Price is fair and reasonable" and sign. The purchases must be distributed equitably among qualified suppliers. When practical, a quotation must be solicited from other than the previous supplier before placing a repeat order. The administrative cost of verifying the reasonableness of the price of purchase "not in excess of" may more than offset potential savings in detecting instances of overpricing. Action to verify the reasonableness of the price need be taken only when the procurement officer of the governmental body suspects that the price may not be reasonable, comparison to previous price paid, or personal knowledge of the item involved. (b) Three Written Quotes. Written request for written quotes from a minimum of three qualified sources of supply may be made and, unless adequate public notice is provided in the South Carolina Business Opportunities, documentation of at least three bona fide, responsive, and responsible quotes must be attached to the purchase requisition for a small purchase not in excess of twenty-five thousand dollars, or for a small purchase of commercially available off-the-shelf products not in excess of one hundred thousand dollars, or for a small purchase of construction not in excess of one hundred thousand dollars. The award must be made to the lowest responsive and responsible sources. The request for quotes must include a purchase description. Requests must be distributed equitably among qualified supplies unless advertised as provided above. (c) Advertised Small Purchase. Written solicitation of written quotes, bids, or proposals may be made for a small purchase, other than a small purchase of construction, not in excess of one hundred thousand dollars. The procurement must be advertised at least once in the South Carolina Business Opportunities publication. A copy of the written solicitation and written quotes must be attached to the purchase requisition. The award must be made to the lowest responsive and responsible source or, when a request for proposal process is used, the highest ranking offeror. (3) Advertising Threshold. Except for procurements of either commercially available off-the-shelf products or construction, if conducted pursuant to item (2)(b), all competitive procurements above twenty-five thousand dollars must be advertised at least once in the South Carolina Business Opportunities publication. Governmental bodies may charge vendors the cost incurred for copying and mailing bid or proposal documents requested in response to a procurement. (4) The Division of Aeronautics of the Department of Commerce may act as its own purchasing agency for all procurements of maintenance services for aircraft and these procurements may be conducted pursuant to subsection (2)(b). Editor's Note 2019 Act No. 41, SECTION 80, provides as follows: "SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date." Effect of Amendment The 2011 amendment, in subsections (2)(a) and (2)(b), in the second sentences, inserted "Except as provided in subitem (d) below,"; added subsection (2)(d) relating to institutions of higher learning and purchases not exceeding ten thousand dollars; in subsection (4), substituted "subsection (2)(b)" for "Section 11-35-1550"; and added subsection (5) relating to technical colleges and purchases not exceeding ten thousand dollars. 2019 Act No. 41, SECTION 25, rewrote the section.
S.C. Code Ann. § 11-25-30 — SC Code / Title 11 / Chapter 25 / Article 1 / Section 11-25-30
SECTION 11-25-30. Approval of state printing.
Status: in_force

The Department of Administration may pass upon and approve all printing pertaining to state matters in this State except for legislative printing and printing otherwise provided by law. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 11-7-35 — SC Code / Title 11 / Chapter 7 / Section 11-7-35
SECTION 11-7-35. Access to records and facilities of state and private agencies receiving appropriated state monies; confidentiality.
Status: in_force

In order to carry out his duties, the State Auditor and his assistants or designees must have access to all records and facilities of every state agency during normal operating hours. The State Auditor and his assistants or designees shall have access to all relevant records and facilities of a private organization receiving appropriated state monies, relating to the management and expenditures of these state monies, during the organization's normal operating hours. In the performance of his official duties, the State Auditor and his assistants or designees are subject to the statutory provisions and penalties regarding the confidentiality of records of the agency or organization under review. All audit working papers and memoranda of the State Auditor, except final audit reports, are confidential and not subject to public disclosure.
S.C. Code Ann. § 11-25-680 — SC Code / Title 11 / Chapter 25 / Article 9 / Section 11-25-680
SECTION 11-25-680. Distribution of copies of publications to Library of Congress.
Status: in_force

The officials charged with the distribution shall annually forward by mail or otherwise, as they may deem expedient, the following number of such publications to the Library of Congress, Washington, D. C., to wit: (1) Eight copies of the reports of the Supreme Court; (2) Two copies of the journals and reports of the General Assembly; and (3) Eight copies of the Acts and Joint Resolutions. These provisions are made in recognition of benefits received through receipt at depository libraries and elsewhere in the State of public documents of the United States under the provisions of Federal laws.
S.C. Code Ann. § 11-51-140 — SC Code / Title 11 / Chapter 51 / Section 11-51-140
SECTION 11-51-140. Executive signature, attestation, and state seal requirements.
Status: in_force

General obligation debt issued pursuant to this chapter must be signed by the Governor and the State Treasurer and attested by the Secretary of State. The Governor, State Treasurer, and Secretary of State may sign the general obligation debt by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed on, or reproduced upon the general obligation debt. The delivery of the general obligation debt executed and authenticated, as provided in the state board resolution, is valid notwithstanding changes in officers or seal occurring after the execution or authentication.
S.C. Code Ann. § 11-1-40 — SC Code / Title 11 / Chapter 1 / Section 11-1-40
SECTION 11-1-40. Contracts in excess of tax or appropriation; diverting public funds.
Status: in_force

(A) It is unlawful for an authorized public officer to enter into a contract for a purpose in which the sum is in excess of the tax levied or the amount appropriated for that purpose. (B) It is unlawful for an authorized public officer to divert or appropriate the funds arising from any tax levied and collected for any one fiscal year to the payment of an indebtedness contracted or incurred for a previous year. (C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars and not less than five hundred dollars or imprisoned not more than three years, or both.
S.C. Code Ann. § 11-51-90 — SC Code / Title 11 / Chapter 51 / Section 11-51-90
SECTION 11-51-90. Principal amount of general obligation debt provided on a competitive basis.
Status: in_force

The principal amount of the general obligation debt allocated to research universities pursuant to Section 11-51-125 must be provided to each of the research universities on a competitive basis by the Research Centers of Excellence Review Board.
S.C. Code Ann. § 11-27-50 — SC Code / Title 11 / Chapter 27 / Section 11-27-50
SECTION 11-27-50. Effect of New Article X on bonds of school districts.
Status: in_force

The board of trustees or other governing body (the governing body) of each of the school districts of the State shall be empowered to incur general obligation debt for their respective school districts as permitted by Section 15 of New Article X and in accordance with its provisions and limitations. All laws relating to such matters shall continue in force and effect after the ratification date, but all such laws are amended as follows: 1. If no election be prescribed in such law and an election is required by New Article X, then in every such instance, a majority vote of the qualified electors of the school district voting in the referendum herein authorized is declared a condition precedent to the issuance of bonds pursuant to such law. The governing body of each of the school districts shall be empowered to order any such referendum as is required by New Article X or any other provisions of the Constitution, to prescribe the notice thereof and to conduct or cause to be conducted such referendum in the manner prescribed by Article 1, Chapter 71, Title 59, Code of Laws of South Carolina, 1976. 2. If an election be prescribed by the provisions of such law, but is not required by the provisions of New Article X, then in every such instance, no election need be held and the remaining provisions of such law shall constitute a full and complete authorization to issue bonds in accordance with such remaining provisions. 3. If a statutory debt limitation be prescribed by any such law, then in lieu thereof, the debt limitation shall be that resulting from the provisions of Section 15 of New Article X. 4. As permitted by paragraph 7, Section 15 of New Article X, all school districts are authorized and empowered to incur general obligation debt in anticipation of the collection of ad valorem taxes (tax anticipation notes). Tax anticipation notes shall be expressed to mature not later than ninety days from the date as of which such taxes may be paid without penalty. Tax anticipation notes shall be issued pursuant to a resolution adopted by the governing body. 5. The provisions of Chapter 17, Title 11, relating to the issuance of bond anticipation notes, shall continue in force and effect after the ratification date with respect to all school districts, and the governing body of each school district is hereby authorized and empowered to issue bond anticipation notes pursuant to and in accordance with the provisions of Chapter 17, Title 11 and the limitations imposed by paragraph 8, Section 15 of New Article X. 6. Notwithstanding provision of law to the contrary, an issue of general obligation bonds maturing not later than ten years from their date of issuance and in the amount of not exceeding one million five hundred thousand dollars may be sold at private sale and without advertisement, if not less than seven days prior to their delivery, notice of intention to sell such bonds at private sale is given by publication in a newspaper of general circulation in the school district. Such notice shall set forth the purchaser, the purchase price, interest rates, and maturity schedule of such bonds. 7. Notwithstanding any other provision of law, a school district may issue general obligation bonds in accordance with one or more of the following provisions: (a) The principal amount of the bonds maturing in a given year shall be in an amount as prescribed by the governing body. The first maturing bonds of an issue shall mature within five years from the date on which they are issued; and no bond shall mature later than thirty years from the date on which it is issued. (b) The bonds shall be sold at public sale, after advertisement of the sale in a newspaper having general circulation in the State or in a financial publication published in the City of New York or, in the discretion of the authorities, in both publications. The advertisement must appear not less than seven days prior to the date set as a sale date for the sale. The advertisement may set a fixed date not less than seven days following publication, or the advertisement may advise that the sale date will be at least seven days following the date of publication. If a fixed date of sale is not set forth in the notice of sale published in accordance with this subitem, the date selected for the receipt of bids must be disseminated via an electronic information service at least forty-eight hours prior to the time set for the receipt of bids. If a fixed date of sale is set forth in this notice of sale, it may be modified by notice disseminated via an electronic information service at least forty-eight hours prior to the time set for the receipt of bids on the modified date of sale. No bonds may be sold pursuant to this section on a date that is more than sixty days after the date of the most recent publication of the notice of sale. Bids for the purchase of bonds may be received in such form as determined by the governing body of the issuer. (c) The bonds may be disposed of at private sale if there are no bids received or if all bids are rejected. The provisions of this section shall not prevent a sale at private sale to the United States of America or any agency thereof. (d) Any bonds issued pursuant to this section may be issued with a provision for their redemption prior to their maturity at par and accrued interest, plus such redemption premium as may be prescribed by the governing body of the issuer, but no bond shall be redeemable before maturity unless it contains a statement to that effect. In the proceedings authorizing the issuance of the bonds, provisions shall be made specifying the manner of call and the notice that must be given. 8. Notwithstanding any other provision of law, bonds issued as Qualified School Construction Bonds in amounts not exceeding one and a half million dollars pursuant to the provisions of 26 U.S.C. Section 54F may be sold at public or private sale at the price determined by the governing body of the issuer. Editor's Note 2009 Act No. 68 SECTION 6 provides as follows: "The powers and authorizations conferred by this act shall be in addition to all other powers and authorizations previously conferred upon the State Superintendent of Education, the State Department of Education, and the school districts of the State. The provisions of this act are remedial in nature and shall be liberally construed in order to give full force and effect to its provisions."
S.C. Code Ann. § 11-35-1820 — SC Code / Title 11 / Chapter 35 / Article 5 / Section 11-35-1820
SECTION 11-35-1820. Prequalification of supplies and suppliers.
Status: in_force

The board shall be authorized to provide by regulation for prequalification of suppliers or supplies.
S.C. Code Ann. § 11-35-3245 — SC Code / Title 11 / Chapter 35 / Article 9 / Section 11-35-3245
SECTION 11-35-3245. Architect, engineer, or construction manager; performance of other work.
Status: in_force

(a) An architect or engineer performing design work, or a construction manager performing construction management services, both as described in Section 11-35-2910(1) and (3), under a contract awarded pursuant to the provisions of Section 11-35-3220 or Section 11-35-3230, may not perform other work, by later amendment or separate contract award, on that project as a contractor or subcontractor either directly or through a business in which he or his architectural engineering or construction management firm has greater than a five percent interest. (b) For purposes of this section, safety compliance and other incidental construction support activities performed by the construction manager are not considered work performed as a contractor or subcontractor. If the construction manager performs or is responsible for safety compliance and other incidental construction support activities, and these support activities are in noncompliance with the provisions of Section 41-15-210, then the construction management firm is subject to all applicable fines and penalties. (c) This section applies only to procurements for construction using the design-bid-build project delivery method. Editor's Note 2008 Act No. 174, SECTION 21, provides as follows: "This act takes effect upon approval by the Governor and applies to solicitations issued on or after January 1, 2008."
S.C. Code Ann. § 11-19-40 — SC Code / Title 11 / Chapter 19 / Section 11-19-40
SECTION 11-19-40. Manner of issuing obligations.
Status: in_force

The governing body may arrange the issue of obligations authorized by this chapter by negotiation or may cause them to be advertised and bids therefor received, under such conditions as the governing body shall prescribe.
S.C. Code Ann. § 11-9-290 — SC Code / Title 11 / Chapter 9 / Article 3 / Section 11-9-290
SECTION 11-9-290. Borrowing to maintain balance in general deposit account.
Status: in_force

The State Treasurer shall at all times maintain a sufficient cash reserve in the general deposit account to finance properly the activities supported by the respective funds comprising the general deposit account and to this end the State Fiscal Accountability Authority may borrow, from time to time, such amounts as are necessary. To the end that such borrowing may be kept at a minimum each department and institution may be required to give to the State Treasurer a quarterly anticipation of its expenditures, itemized according to budget classifications, by months. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 11-45-55 — SC Code / Title 11 / Chapter 45 / Section 11-45-55
SECTION 11-45-55. Tax credit certificates.
Status: in_force

(A) Each designated investor group shall have the power and authority to borrow funds from lenders and invest those funds in accordance with the provisions of this chapter and its designated investor contract. (B) The authority shall issue tax credit certificates to each lender contemporaneously with each loan made pursuant to this chapter in accordance with any guidelines established by the authority pursuant to Section 11-45-100. The tax credit certificates must describe procedures for the issuance, transfer and redemption of the certificates, and related tax credits. These certificates also must describe the amounts, year, and conditions for redemption of the tax credits reflected on the certificates. Once a loan is made by a lender, the certificate issued to the lender shall be binding on the authority and this State and may not be modified, terminated, or rescinded. The form of the tax credit certificate must be approved by the State Fiscal Accountability Authority. (C) Tax credits represented by the certificates issued pursuant to this section may be used to offset any of the tax liabilities of a person as set forth in Section 11-45-30(8), subject to compliance with the conditions set forth on the certificates representing the tax credits. The amount of the tax credits issued to any lender shall be limited to an amount equal to the lender's principal loan amount together with required interest. These tax credits may be carried forward without limitation but are not refundable. These tax credits are hereby established and authorized in the amounts required by this section. (D) Use of tax credits by an insurance company shall not affect the application of retaliatory taxes or other fees pursuant to Chapter 7, Title 38 or any payments due under that chapter. (E) The tax credits may also be transferred by any lender or transferee of the tax credits to a person able to utilize the tax credits as set forth in Section 11-45-30(8). (F) An individual may claim the tax credit of a partnership, limited liability company, "S" corporation, estate, or trust electing to have the income taxed directly to the individual. The amount claimed by the individual shall be based upon the pro rata share of the individual's earnings from the partnership, limited liability company, "S" corporation, estate, or trust. (G) The authority shall ensure that the principal amount authorized to be borrowed by all designated investor groups is no more than fifty million dollars at any one time and no more than twenty million dollars in tax credit certificates are redeemable for any one year. Any tax credit certificates issued in one year but carried forward and redeemed in a subsequent year do not count against the twenty million dollar limitation on the total amount of tax credit certificates which may be redeemed in that subsequent year. (H) No certificate or tax credit issued or transferred pursuant to this chapter shall be considered a security pursuant to Title 35. (I)(1) The authority, in conjunction with the South Carolina Department of Revenue, shall develop a system for registration of all tax credits claimed under this chapter. (2) The system shall verify that any: (a) tax credit claimed upon a tax return is valid and properly taken in the year of claim; and (b) transfer of the tax credit is made in accordance with the requirements of this chapter and any guidelines or regulations under this chapter. (3) Notwithstanding Section 12-54-240(A), the authority, the Department of Commerce, the Department of Revenue, and the Department of Insurance may exchange information for the purpose of registering and verifying the existence, possession, transfer, and use of tax credits pursuant to this chapter. (J) No part of the fund held by the authority pursuant to Section 11-45-40(C) or the capital in any revolving fund of a designated investor group may inure to the benefit of or be distributed to the authority's employees, officers, or board of directors, or to members of their immediate families as this term is defined in Section 2-17-10(7), except that the authority is authorized to pay reasonable compensation for services provided by employees of the authority or the Department of Commerce, as the case may be, and out-of-pocket expenses incurred by these employees, officers, or board members, as long as the compensation does not create a conflict of interest pursuant to Section 11-45-40. The provisions of this subsection are supplemental to and not in lieu of the provisions of Chapter 17, Title 2 and Chapter 13, Title 8. Effect of Amendment 2014 Act No. 121, SECTION 20.J.2, in subsection (B), substituted "Fiscal Accountability Authority" for "Budget and Control Board".
S.C. Code Ann. § 11-43-190 — SC Code / Title 11 / Chapter 43 / Article 1 / Section 11-43-190
SECTION 11-43-190. Financing agreements; application of other statutes or provisions; obligations secured by ad valorem taxes; security interest in project revenues; expenditure of proceeds.
Status: in_force

(A) Qualified borrowers are authorized to obtain loans or other financial assistance from the bank through financing agreements. Qualified borrowers entering into financing agreements and issuing loan obligations to the bank may perform any acts, take any action, adopt any proceedings, and make and carry out any contracts or agreements with the bank as may be agreed to by the bank and any qualified borrower for the carrying out of the purposes contemplated by this chapter. (B) In addition to the authorizations contained in this chapter, all other statutes or provisions permitting government units to borrow money and issue obligations including, but not limited to, the Revenue Bond Act for Utilities and the Revenue Bond Refinancing Act of 1937, may be utilized by any government unit in obtaining a loan or other financial assistance from the bank to the extent determined necessary or useful by the government unit in connection with any financing agreement and the issuance, securing, or sale of loan obligations to the bank. Notwithstanding the foregoing, obligations secured by ad valorem taxes may be issued by a government unit and purchased by the bank without regard to any public bidding requirement. (C) A qualified borrower may receive, apply, pledge, assign, and grant security interest in project revenues, and, in the case of a governmental unit, its project revenues, revenues derived from a special source or ad valorem taxes, to secure its obligations as provided in this chapter, and may fix, revise, charge, and collect fees, rates, rents, assessments, and other charges of general or special application for the operation or services of a qualified project, the system of which it is a part, and any other revenue producing facilities from which the qualified borrower derives project revenues, to meet its obligations under a financing agreement or to provide for the construction and improving of a qualified project. (D) A qualified borrower must comply with the provisions of Section 12-27-1320 and Section 12-28-2930 in the expenditure of the proceeds of a loan or other financial assistance provided by the bank for a qualified project.
S.C. Code Ann. § 11-9-15 — SC Code / Title 11 / Chapter 9 / Article 1 / Section 11-9-15
SECTION 11-9-15. Use of state funds for function at club practicing discrimination prohibited.
Status: in_force

(A) No state funds may be used to sponsor or defray the cost of any function by a state agency or institution at a club or organization which does not admit as members persons of all races, religions, colors, sexes, or national origins. (B) No state officer or employee may be reimbursed from public funds for expenses incurred at any club or establishment which does not admit as members persons of all races, religions, colors, sexes, or national origins.
S.C. Code Ann. § 11-5-410 — SC Code / Title 11 / Chapter 5 / Article 3 / Section 11-5-410
SECTION 11-5-410. Definitions.
Status: in_force

As used in this article: (1) "Palmetto ABLE account" or "account" means an individual savings account established in accordance with the provisions of this article and pursuant to Section 529A of the federal Internal Revenue Code of 1986, as amended. (2) "Account owner" means the person who enters into a Palmetto ABLE account agreement pursuant to the provisions of this article. The account owner also must be the designated beneficiary; however, a trustee, guardian, or conservator may be appointed as an account owner for a designated beneficiary who is a minor or lacks capacity to enter into an agreement. Also, the agent of the designated beneficiary acting under durable power of attorney may open and manage an account on behalf of and in the name of a designated beneficiary who lacks capacity. (3) "Designated beneficiary" means an eligible individual whose qualified disability expenses may be paid from the account. The designated beneficiary must be an eligible individual at the time the account is established. The account owner may change the designated beneficiary so long as the new beneficiary is an eligible individual who is a qualified member of the family of the designated beneficiary at the time of the change. (4) "Eligible individual", as defined in Section 529A(e)(1) of the federal Internal Revenue Code of 1986, as amended, means: (a) an individual who is entitled to benefits based on blindness or disability pursuant to 42 U.S.C. Section 401, et seq., or 42 U.S.C. Section 1381, as amended, and the blindness or disability occurred before the date on which the individual attained age twenty-six; or (b) an individual with respect to which a disability certification, as defined in Section 529A(e)(2) of the federal Internal Revenue Code of 1986, as amended, to the satisfaction of the Secretary of the United States Treasury is filed with the Secretary for a taxable year and the blindness or disability occurred before the date on which the individual attained age twenty-six. (5) "Financial organization" means an organization authorized to do business in this State and is: (a) licensed or chartered by the Director of Insurance; (b) licensed or chartered by the State Commissioner of Banking; (c) chartered by an agency of the federal government; or (d) subject to the jurisdiction and regulation of the federal Securities and Exchange Commission. (6) "Management contract" means a contract executed by the State Treasurer and a program manager selected to act as a depository or manager of the program, or both. (7) "Member of the family" has the meaning defined in Section 529A of the federal Internal Revenue Code of 1986, as amended. (8) "Nonqualified withdrawal" means a withdrawal from an account which is not: (a) a qualified withdrawal; or (b) a rollover distribution. (9) "Program" means the Palmetto ABLE Savings Program established pursuant to this article. (10) "Program manager" means a financial organization or an agency or department of another state that has been designated to administer a qualified ABLE Program selected by the State Treasurer to act as a depository or manager of the program, or both. (11) "Qualified disability expense" means any qualified disability expense included in Section 529A of the federal Internal Revenue Code of 1986, as amended. (12) "Qualified withdrawal" means a withdrawal from an account to pay the qualified disability expenses of the designated beneficiary of the account. (13) "Rollover distribution" means a rollover distribution as defined in Section 529A of the federal Internal Revenue Code of 1986, as amended. (14) "Savings agreement" means an agreement between the program manager or the State Treasurer and the account owner. (15) "Secretary" means the Secretary of the United States Treasury. Editor's Note 2016 Act No. 165, SECTION 4, provides as follows: "SECTION 4. This act takes effect upon approval by the Governor and applies for tax years beginning after 2015." Effect of Amendment 2019 Act No. 88, SECTION 1, in (1), substituted "Palmetto ABLE account" for "ABLE savings account"; in (2), in the first sentence, substituted "a Palmetto ABLE account" for "an ABLE savings"; in (4)(a), made a nonsubstantive change; in (9), substituted "Palmetto ABLE Savings Program" for "South Carolina ABLE Savings Program"; and in (10), substituted "ABLE Program" for "ABLE Savings Program".
S.C. Code Ann. § 11-9-30 — SC Code / Title 11 / Chapter 9 / Article 1 / Section 11-9-30
SECTION 11-9-30. Transfer of funds upon transfer of personnel.
Status: in_force

The State Fiscal Accountability Authority shall have the authority to transfer appropriate funds from one department to another when personnel are transferred by an act of the legislature from one department to another to perform the same functions. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 11-3-175 — SC Code / Title 11 / Chapter 3 / Section 11-3-175
SECTION 11-3-175. Consolidation of accounts in connection with lump sum agencies.
Status: in_force

The Office of the Comptroller General shall implement appropriate accounting procedures to consolidate accounts, in connection with lump sum agencies, as necessary for proper accounting and for facilitation of financial reporting in accordance with generally accepted accounting principles.
S.C. Code Ann. § 11-23-30 — SC Code / Title 11 / Chapter 23 / Section 11-23-30
SECTION 11-23-30. Authority to apply revenues to payment of bonds.
Status: in_force

The governing body of any political subdivision or public body of this State including, but not limited to, those set forth in SECTION 11-23-10, which has issued or may hereafter issue general obligation bonds, the proceeds of which have been or may be used to finance the construction of projects which are or will be revenue producing, may apply the revenues derived from such projects, and not otherwise pledged, to the payment of principal and interest to become due on such bonds.
S.C. Code Ann. § 11-37-200 — SC Code / Title 11 / Chapter 37 / Section 11-37-200
SECTION 11-37-200. Water Resources Coordinating Council established.
Status: in_force

(A) There is established by this section the Water Resources Coordinating Council which shall establish the priorities for all sewer, wastewater treatment, and water supply facility projects addressed in this chapter, except as otherwise established by Section 48-6-40. The council shall consist of a representative of the Governor, the Director of the Department of Health and Environmental Control, the Director of the South Carolina Department of Natural Resources, the Director of the Rural Infrastructure Authority, the Secretary of Commerce, the Chairman of the Jobs Economic Development Authority, and the Chairman of the Joint Bond Review Committee. These representatives may designate a person to serve in their place on the council, and the Governor shall appoint the chairman from among the membership of the council for a one-year term. The council shall establish criteria for the review of applications for projects. Not less often than annually, the council shall determine its priorities for projects. The council after evaluating applications shall notify the authority of the priority projects. The South Carolina Jobs Economic Development Authority shall provide the staff to receive, research, investigate, and process applications for projects made to the coordinating council and assist in the formulating of priorities. Upon notification by the council, the authority shall proceed under the provisions of this chapter. The authority may consider applications for projects based upon the existence of a documented emergency consistent with regulations that may be promulgated by the authority. In determining which local governments are to receive grants, the local governments shall provide not less than a fifty percent match for any project. The authority may provide financing for the local matching funds on terms and conditions determined by the authority. (B) The duties of the Water Resources Coordinating Council are: (1) establish procedures for receipt of applications; (2) in cooperation with the authority, establish criteria for funding priorities. These criteria, in compliance with the provisions of Chapter 23, Title 1, must include, but are not limited to, the following factors: (a) regional development - the need for multijurisdictional projects and the cooperation and coordination for regional economic development projects; (b) development potential - the degree to which economic development activity can be stimulated in any given area and infrastructure used as a proactive economic development tool; (c) economic impact - the degree to which jobs and income can be generated if the infrastructure improvements were made; (d) local commitment and initiative - the availability of the local fifty percent match and local recognition of complimentary infrastructure needs including, but not limited to, such needs as transportation; (e) infrastructure need - the degree to which specific infrastructure problems can be addressed and solved; (f) area economic need - the degree of local "distress" and need for economic assistance, particularly in less developed or rural areas of the State; (g) creditworthiness - the financial soundness of the infrastructure project, including the availability or lack of other funds to finance the infrastructure project; (h) public health and welfare - to meet public health and welfare requirements within the local area; (3) provide to the authority, on an as-needed basis, technical assistance from their respective agencies for purposes of screening funding applications; (4) establish the funding priorities. The authority may not deviate from the priorities established by the council except for emergency projects as previously described. When setting its priorities, the council shall establish a set-aside of not less than ten percent of available funds approved in that year to meet unforeseen needs. After having set its priorities, the council shall review the priorities as necessary but not less than once during the year, and the council may adjust the priorities as they consider necessary. Effect of Amendment 2014 Act No. 121, SECTION 16.D, in subsection (A), substituted "Rural Infrastructure Authority" for "Division of Local Government of the Budget and Control Board".
S.C. Code Ann. § 11-48-90 — SC Code / Title 11 / Chapter 48 / Section 11-48-90
SECTION 11-48-90. Sale or possession of counterfeit cigarettes; penalties; definition; seizure as contraband.
Status: in_force

(A) It is unlawful for a cigarette manufacturer, cigarette importer, cigarette distributor, or cigarette retailer to sell or possess counterfeit cigarettes. A person who violates this subsection is guilty of a felony and, upon conviction, must be punished as follows for a: (1) first violation with a total quantity of fewer than two cartons of cigarettes, by a fine of one thousand dollars or five times the retail value of the cigarettes involved, whichever is greater, or imprisonment not to exceed five years, or both; (2) subsequent violation with a total quantity of fewer than two cartons of cigarettes, by a fine of five thousand dollars or five times the retail value of the cigarettes involved, whichever is greater, or imprisonment not to exceed five years, or both the fine and imprisonment, and the revocation by the Department of Revenue of any license required pursuant to Article 5, Chapter 21, of Title 12, held by the cigarette manufacturer, cigarette importer, cigarette distributor, or cigarette retailer; (3) first violation with a total quantity of two cartons of cigarettes or more by a fine of two thousand dollars or five times the retail value of the cigarettes involved, whichever is greater, or imprisonment not to exceed five years, or both; or (4) subsequent violation with a quantity of two cartons of cigarettes or more by a fine of fifty thousand dollars or five times the retail value of the cigarettes involved, whichever is greater, or imprisonment not to exceed five years, or both the fine and imprisonment, and revocation by the Department of Revenue of any license required pursuant to Article 5, Chapter 21, of Title 12 held by the cigarette manufacturer, cigarette importer, cigarette distributor, or cigarette retailer license. (B)(1) For purposes of this section, counterfeit cigarettes includes cigarettes with false manufacturing labels or packages of cigarettes bearing counterfeit tax stamps. (2) Counterfeit cigarettes and related machinery encountered by a law enforcement agency in connection with a charged violation of this section are declared contraband and must be seized by the law enforcement agency and held by it pending adjudication of the charges. Upon conviction, the counterfeit cigarettes and related machinery are forfeited and must be destroyed.
S.C. Code Ann. § 11-35-4340 — SC Code / Title 11 / Chapter 35 / Article 17 / Section 11-35-4340
SECTION 11-35-4340. Rights and remedies.
Status: in_force

There is no remedy against the State other than those provided in this chapter in any case involving a procurement subject to this code. The rights and remedies granted in this article are to the exclusion of all other rights and remedies against the State for matters arising out of or related to this code. Editor's Note 2019 Act No. 41, SECTION 80, provides as follows: "SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date."
S.C. Code Ann. § 11-5-185 — SC Code / Title 11 / Chapter 5 / Article 1 / Section 11-5-185
SECTION 11-5-185. Treasurer's annual report to the General Assembly.
Status: in_force

In addition to other reports required by law to be made, by the State Treasurer, he shall also report annually to the General Assembly in the month of January on the following matters: (1) The amount of state revenue collected in the previous fiscal year. (2) The amount of such revenue deposited in the state general fund. (3) The location of general fund revenue in banks and other financial institutions including invested funds, as of the end of the previous fiscal year. (4) The interest accrued from deposits and investments for the previous fiscal year and the use of such interest. (5) The amount expended for debt service in the previous fiscal year. (6) The current status of the general fund reserve including any expenditure or reimbursement thereof. (7) Any other information relating to state revenue which the Treasurer deems pertinent and of value to the General Assembly, including such items as special state funds, the highway fund and other funds not specified herein, as may be deemed appropriate by the Treasurer. The General Assembly shall provide in the annual general appropriations act for the cost of preparing this report.
S.C. Code Ann. § 11-19-10 — SC Code / Title 11 / Chapter 19 / Section 11-19-10
SECTION 11-19-10. Definitions.
Status: in_force

(a) The term "borrower" shall mean the State, any agency, authority, department or institution of the State, any county, any incorporated city or town, any school district, any special purpose district, and all other political units now existing or hereafter created. (b) The term "governing body" shall mean that agency or body upon which is devolved by law the administrative and executive functions of the borrower. (c) The term "grant" shall mean any monies to be received from the United States Government or any of its agencies, intended to be used for the construction of facilities for any waterworks systems, facilities for the collection, treatment and disposal of sewage and the construction or improvement of any public works which the borrower may lawfully undertake as to which an unconditional grant has been made by the granting agency and the funds have been appropriated therefor. The term "grant" shall also include Federal revenue-sharing funds to which any borrower shall be entitled. (d) The term "person" shall mean any person, firm, corporation, governmental agency or lending institution. (e) The term "project" shall mean the public works or undertaking for which the grant is made applicable.
S.C. Code Ann. § 11-35-3510 — SC Code / Title 11 / Chapter 35 / Article 13 / Section 11-35-3510
SECTION 11-35-3510. Cost principles required for supplies and services contracts.
Status: in_force

The board may promulgate regulations setting forth cost principles that must be used to determine the allowability of incurred costs for the purpose of reimbursing costs under provisions in supplies, services, and information technology contracts that provide for the reimbursement of costs.
S.C. Code Ann. § 11-11-325 — SC Code / Title 11 / Chapter 11 / Article 3 / Section 11-11-325
SECTION 11-11-325. Capital Reserve Fund must be reduced prior to midyear budget reductions.
Status: in_force

At any time during the current fiscal year, if the Board of Economic Advisors' revenue forecast projects that revenues for the current fiscal year will be less than appropriated expenditures for this year, the Director of the Executive Budget Office in mandating necessary cuts during the current fiscal year to eliminate the projected deficit must first reduce to the extent necessary the appropriation to the Capital Reserve Fund, prior to mandating any cuts in operating appropriation. Editor's Note 2022 Act No. 238, SECTION 3(B), provides as follows: "[SECTION 3.](B) The provisions of SECTION 2 of this act take effect upon the ratification of an amendment to Section 36(B), Article III of the Constitution of this State to allow the Capital Reserve Fund to be used first to offset midyear budget reductions and raising the Capital Reserve Fund from two percent of the general fund revenue of the latest completed fiscal year to three percent of such revenues and first applies to the state fiscal year beginning thereafter." The amendment was ratified on February 28, 2023, in 2023 Act No. 5 (S.381), SECTION 1.B.
S.C. Code Ann. § 11-57-720 — SC Code / Title 11 / Chapter 57 / Article 7 / Section 11-57-720
SECTION 11-57-720. Fiduciary responsibilities.
Status: in_force

Nothing in this article requires the Retirement System Investment Commission or its agents or contract investment managers to take action as described in this article unless it is determined, in good faith, that the action described in this article is consistent with the fiduciary responsibilities of the commission or its agents or contract investment managers as described in Chapter 16, Title 9, and there are appropriated funds of the State to absorb the expenses necessary to implement this article.
S.C. Code Ann. § 11-40-60 — SC Code / Title 11 / Chapter 40 / Section 11-40-60
SECTION 11-40-60. Authority may make loans; loan commitments and option agreements; conditions for grant of loan; fees and charges.
Status: in_force

(A) The authority may make loans to a local government to pay all or any part of the cost of a project. The authority may require the local government to issue bonds or revenue bonds as evidence of its loan obligation. The authority and a local government may enter into the loan commitments and option agreements as may be determined appropriate by the authority. (B) The authority may require as a condition of any loan to a local government that the local government shall perform any or all of the following: (1) establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (a) costs of operation, maintenance, renewal, replacement, and repairs of the project of such local government; and (b) outstanding indebtedness incurred for the purposes of such project, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves; (2) create and maintain a special fund or funds, as additional security for the payment of the principal of the loan obligations and the interest thereon and any other amounts becoming due under any agreement, entered into in connection therewith and for the deposit therein of the revenues as shall be sufficient to make the payment as the same shall become due and payable; (3) create and maintain other special funds as may be required by the authority; and (4) perform those other acts, including the conveyance of real and personal property together with all right, title, or interest therein to the authority, or take other actions as may be considered necessary or desirable by the authority to secure the payment of the principal of and interest on the loan obligations and to provide for the remedies of the authority in the event of a default by the local government in the payment. (C) In connection with the making of any loan authorized by this chapter, the authority may fix and collect the fees and charges including, but not limited to, reimbursement of all costs of financing by the authority, the authority determines to be reasonable. (D) As a condition to the receipt of a loan authorized by this chapter for the construction of water or sewer services, or both, the authority, as it determines appropriate, may require a local government to submit a financial plan which demonstrates that user charge rate levels will produce sufficient revenues to properly operate and maintain the system and build a reserve for improvements.
S.C. Code Ann. § 11-9-370 — SC Code / Title 11 / Chapter 9 / Article 3 / Section 11-9-370
SECTION 11-9-370. State agency to remit revenue for payments on general obligation bonds to State Treasurer.
Status: in_force

A state agency responsible by law for the collection of revenues from any source annually to be applied to payments of interest and principal on general obligation bonds of the State shall remit the revenue collected to the State Treasurer for credit to the state's General Fund, and the revenue submitted constitutes a reimbursement.
S.C. Code Ann. § 11-44-10 — SC Code / Title 11 / Chapter 44 / Section 11-44-10
SECTION 11-44-10. Short title.
Status: repealed

This chapter may be cited as the "High Growth Small Business Job Creation Act of 2013". Editor's Note 2013 Act No. 80, SECTION 1.B., as amended by 2020 Act No. 138, SECTION 3.A., and SECTION 3, provide as follows: "[1.]B. The provisions of Chapter 44, Title 11, contained in this act are repealed on December 31, 2025. Any carry forward credits shall continue to be allowed until the ten-year time period in Section 11-44-40(B) is completed." "SECTION 3. This act takes effect upon approval by the Governor, and the tax credits permitted by this chapter are first available for investments made after December 31, 2012." 2020 Act No. 138, SECTION 3.B., provides as follows: "[3.]B. This SECTION takes effect upon approval by the Governor and applies to tax years beginning after 2019. The provisions of Chapter 44, Title 11, as they existed on December 31, 2019, are re-enacted, and the tax credits earned pursuant to this SECTION shall be earned and claimed under the same terms and conditions as they existed on December 31, 2019. This SECTION shall continue to apply until such time as Chapter 44, Title 11, or parts thereof, are otherwise repealed, mutatis mutandis."
S.C. Code Ann. § 11-43-220 — SC Code / Title 11 / Chapter 43 / Article 1 / Section 11-43-220
SECTION 11-43-220. Liability.
Status: in_force

Neither the board nor any officer, employee, or committee of the bank acting on behalf of it, while acting within the scope of this authority, is subject to any liability resulting from carrying out any of the powers given in this chapter.
S.C. Code Ann. § 11-35-4215 — SC Code / Title 11 / Chapter 35 / Article 17 / Section 11-35-4215
SECTION 11-35-4215. Posting of bond or irrevocable letter of credit.
Status: in_force

The agency may request that the appropriate chief procurement officer require any bidder or offeror who files an action protesting the intended award or award of a contract solicited under Article 5 of this code and valued at one million dollars or more to post with the appropriate chief procurement officer a bond or irrevocable letter of credit payable to the State of South Carolina in an amount equal to one percent of the total potential value of the contract as determined by the appropriate chief procurement officer. The chief procurement officer's decision to require a bond or irrevocable letter of credit is not appealable under Article 17. The bond or irrevocable letter of credit shall be conditioned upon the payment of all reasonable reimbursement costs which may be adjudged against the bidder or offeror filing the protest in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. For protests of sole source or emergency procurements, the bond or irrevocable letter of credit shall be in an amount equal to one percent of the requesting agency's estimate of the contract amount for the sole source or emergency procurement requested. In lieu of a bond or irrevocable letter of credit, the appropriate chief procurement officer may accept a cashier's check or money order in the amount of the bond or irrevocable letter of credit. If, after completion of the administrative hearing process and any appellate court proceedings, the agency prevails, it may request that the Procurement Review Panel allow it to recover all reasonable reimbursement costs and charges associated with the protest which shall be included in the final order or judgment, excluding attorney's fees. Upon payment of such costs and charges by the bidder or offeror protesting the intended award or award of a contract, the bond, irrevocable letter of credit, cashier's check, or money order shall be returned to the bidder or offeror. Failure to pay such costs and charges by the bidder or offeror protesting the intended award or award of a contract shall result in the forfeiture of the bond, irrevocable letter of credit, cashier's check, or money order to the extent necessary to cover the payment of all reasonable reimbursement costs adjudged against the protesting bidder or offeror. If the bidder or offeror prevails in the protest, the cost of providing the bond, irrevocable letter of credit or cashier's check may be sought from the agency requesting the bond or irrevocable letter of credit; provided that in no event may the amount recovered exceed fifteen thousand dollars. Editor's Note 2019 Act No. 41, SECTION 80, provides as follows: "SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date." Effect of Amendment 2019 Act No. 41, SECTION 57, in the second sentence, substituted "Article 17" for "Section 11-35-4210", in the fourth sentence, deleted "intended award or award of a contract of the purchasing agency's request for" following "For protests of", and in the ninth sentence, inserted "; provided that in no event may the amount recovered exceed fifteen thousand dollars".
S.C. Code Ann. § 11-51-190 — SC Code / Title 11 / Chapter 51 / Section 11-51-190
SECTION 11-51-190. Exemption from state procurement process; alternative procurement procedures.
Status: in_force

The research universities while engaging in projects related to this act shall be exempt from the state procurement process, except that the research universities must work in conjunction with the State Fiscal Accountability Authority's Chief Procurement Officer to establish alternate procurement procedures, and must submit a procurement process to the State Commission on Higher Education to be forwarded to the State Fiscal Accountability Authority for approval. These processes shall include provisions for audit and recertification. Effect of Amendment 2014 Act No. 121, SECTION 20.L.3, substituted "State Fiscal Accountability Authority's" for "Budget and Control Board's", and substituted "Fiscal Accountability Authority" for "Budget and Control Board", and made other nonsubstantive changes.
S.C. Code Ann. § 11-35-1560 — SC Code / Title 11 / Chapter 35 / Article 5 / Section 11-35-1560
SECTION 11-35-1560. Sole source procurement; public notice.
Status: in_force

(A) A contract may be awarded for a supply, service, information technology, or construction item without competition if, under regulations promulgated by the board, the chief procurement officer, the head of a purchasing agency, or a designee of either officer, above the level of the procurement officer, determines in writing that there is only one source for the required supply, service, information technology, or construction item. Except for contracts with a total potential value of fifty thousand dollars or less, adequate public notice of the intent to award without competition must be posted in South Carolina Business Opportunities, except that public notice is not required if the appropriate chief procurement officer, after consultation with the head of the purchasing agency, determines in writing that award without such notice is in the interest of the State. Notice must contain a statement of the right to protest under Section 11-35-4210(1) and must be posted at least five business days before entering a contract. For contracts with a total potential value greater than two hundred fifty thousand dollars, such notice must be posted at least ten business days before entering a contract. (B) Written documentation must include the determination and basis for the proposed sole source procurement. A delegation of authority by either the chief procurement officer or the head of a governmental body with respect to sole source determinations must be submitted in writing to the Materials Management Officer. In cases of reasonable doubt, competition must be solicited. Any decision by a governmental body that a procurement be restricted to one potential vendor must be accompanied by a thorough, detailed explanation as to why no other will be suitable or acceptable to meet the need. (C) A violation of these regulations by a purchasing agency, upon recommendation of the Division of Procurement Services with approval of the majority of the board, must result in the temporary suspension, not to exceed one year, of the violating governmental body's ability to procure supplies, services, information technology, or construction items pursuant to this section. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the "Budget and Control Board", the "State Budget and Control Board" or the "board" were changed to the "State Fiscal Accountability Authority", the "authority", or the "Division of Procurement Services" of the "State Fiscal Accountability Authority", pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(B), effective July 1, 2015. Editor's Note 2019 Act No. 41, SECTION 80, provides as follows: "SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date." Effect of Amendment 2019 Act No. 41, SECTION 26, in (A), added the second through fourth sentences, creating a notice requirement; in (B), deleted the first sentence, which required the regulations to include the requirements included in this paragraph, and in the fourth sentence, substituted "a thorough, detailed explanation" for "an explanation"; and in (C), substituted "Division of Procurement Services" for "designated board office" and "board" for "State Fiscal Accountability Authority".
S.C. Code Ann. § 11-50-80 — SC Code / Title 11 / Chapter 50 / Section 11-50-80
SECTION 11-50-80. Earnings on balances in Rural Infrastructure Fund.
Status: in_force

Earnings on balances in the Rural Infrastructure Fund must be credited and invested as provided by law. Earnings must be credited to the Rural Infrastructure Fund. The authority may establish accounts and subaccounts within the Rural Infrastructure Fund as considered desirable to effectuate the purposes of this chapter, or to meet the requirements of any state or federal program. All accounts must be held in trust by the State Treasurer.
S.C. Code Ann. § 11-40-250 — SC Code / Title 11 / Chapter 40 / Section 11-40-250
SECTION 11-40-250. Division of Local Government to assist authority; duties of Division.
Status: in_force

The Division of Local Government of the State Rural Infrastructure Authority shall provide staff and otherwise assist the authority in the administration of the fund and the performance of its functions under this chapter. The funds to be used for purposes of the Infrastructure Facilities Authority must come from funds appropriated to or made available to the Infrastructure Facilities Authority and not those funds of the Rural Infrastructure Authority, the administration of which also is a part of the responsibilities of the Division of Local Government as provided by law. In providing such assistance the Division of Local Government shall: (1) assist in the formulation, establishment, and structuring of programs undertaken by the authority pursuant to this chapter; (2) provide local governments information as to the programs of the authority and the procedures for obtaining the assistance intended by the chapter; (3) assist local governments in making application to such state and federal agencies, including the authority, as may be necessary or helpful in order to avail themselves of such programs; (4) assist the authority in analyzing and evaluating local government requests for assistance pursuant to this chapter; (5) assist in the structuring and negotiation of local government loan agreements and loan obligations and authority bonds; (6) administer the fund, including any accounts therein; (7) administer the authority's programs and loans, including monitoring compliance by local governments with any rules, regulations, or other requirements of the authority with respect to such programs and compliance with covenants and agreements made by local governments with respect to any loan agreement or loan obligation; and (8) provide other assistance and perform other duties as may be requested or directed by the authority. Effect of Amendment 2014 Act No. 121, SECTION 20.G.2, in the first undesignated paragraph, substituted "Rural Infrastructure Authority" for "Budget and Control Board", and added the second sentence relating to the source of funds; and made other nonsubstantive changes.
S.C. Code Ann. § 11-11-170 — SC Code / Title 11 / Chapter 11 / Article 1 / Section 11-11-170
SECTION 11-11-170. Use of revenues payable pursuant to Master Settlement Agreement.
Status: in_force

(A) All revenues payable to this State pursuant to the Master Settlement Agreement as described in Section 11-47-20(e) must be used in the manner specified in this section. (B)(1) Seventy-three percent of the revenues must be used for healthcare programs. These revenues, or the funds obtained pursuant to Chapter 49, Title 11, must be deposited in a fund separate and distinct from the general fund and all other funds, which is hereby established in the State Treasury styled the Healthcare Tobacco Settlement Trust Fund. Earnings on this fund must be credited to the fund. The principal must remain in the fund and only the interest earnings may be appropriated and used for the following purposes: (a) for fiscal year 2000-2001 only, the first twenty million dollars available from the principal derived from securitization must be used for hospital base increase; (b) the South Carolina Seniors' Prescription Drug Program, as provided in Chapter 130, Title 44; (c) home and community-based programs for seniors coordinated by the Department of Health and Human Services; (d) youth smoking cessation and prevention programs coordinated by the Department of Health and Environmental Control and the Office of Substance Use Services; (e) newborn infants hearing screening initiatives coordinated by the Department of Health and Environmental Control; (f) disease prevention and elimination of health disparities: diabetes, HIV/AIDS, hypertension, and stroke, particularly in minority populations; (g) other health related issues as determined by the General Assembly. (2) Fifteen percent of the revenues, or the funds obtained pursuant to Chapter 49, Title 11, must be deposited in a fund separate and distinct from the general fund and all other funds, which is hereby established in the State Treasury styled the Tobacco Community Trust Fund. Earnings on the fund must be credited to the fund. This fund must be used to reimburse: (a) tobacco growers, tobacco quota holders, and tobacco warehousemen for actual losses due to reduced quotas since 1998. For purposes of this subitem, "tobacco quota owner" and "tobacco grower" have the meaning provided in Section 46-30-210, and the reimbursement is for losses incurred in reduced cultivation of tobacco in this State. Reimbursements must be made pursuant to eligibility requirements established by the South Carolina Tobacco Community Development Board created pursuant to Section 46-30-230; (b) after the reimbursement provided pursuant to subitem (a), the balance must be held in an escrow account through June 30, 2012, and used as provided in subitem (a). After June 30, 2012, any account balance must be transferred to the Healthcare Tobacco Settlement Trust Fund. (3) Ten percent of the revenues, or the funds obtained pursuant to Chapter 49, Title 11, must be deposited in a fund separate and distinct from the general fund and all other funds, which is hereby established in the State Treasury styled the Tobacco Settlement Economic Development Fund. Earnings on the fund must be credited to the fund. This fund must be used for the following programs: (a) the first eighty million dollars credited to the fund is set aside to be used for the purposes specified in this item except for subitem (b); (b) for Fiscal Year 2000-2001 only, the next ten million dollars credited to the fund must be set aside to be available to be appropriated and used in accordance with the provisions of Section 12-37-2735; and (c) the remaining revenue credited to the fund must be used to fund the South Carolina Water and Wastewater Infrastructure Fund as provided in Section 13-1-45. (4) Two percent of the revenues, or the funds obtained pursuant to Chapter 49, Title 11, must be deposited in a fund separate and distinct from the general fund and all other funds, which is hereby established in the State Treasury styled the Tobacco Settlement Local Government Fund. Earnings on the fund must be credited to the fund. This fund must be used to fund the operation of and grants distributed by the Office of Local Government of the Division of Regional Development of the Rural Infrastructure Authority, or its successor in interest. (C) In addition to those investments allowed pursuant to Section 11-9-660, the State Treasurer may invest and reinvest the revenues payable to the State pursuant to the Tobacco Master Settlement Agreement or funds raised pursuant to the provisions of Chapter 49 of this title and credited to the funds established by this section in any obligations of a corporation, state, or political subdivision denominated in United States dollars if the obligations bear an investment grade rating of at least two nationally recognized rating services. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 11-11-50 — SC Code / Title 11 / Chapter 11 / Article 1 / Section 11-11-50
SECTION 11-11-50. Comptroller General shall furnish annual estimate of needs of State.
Status: in_force

On or before the first day of December, annually, the Comptroller General shall furnish to the Governor an estimate of the financial needs of the State, itemized in strict accordance with the budget classifications adopted by the Governor and certified and approved by the presiding officer of each House for each year beginning with the first day of July thereafter; and he shall also furnish an estimate of the financial needs of the judiciary, as provided by law, itemized in strict accordance with the budget classification adopted by the Governor, for each year, beginning with the first day of July thereafter. The Comptroller General shall transmit to the Governor with these estimates full and detailed explanations of all increases or decreases. These estimates together with the accompanying explanations of increases and decreases shall be included in the budget by the Governor without revisions, but with its recommendations thereon. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1).
S.C. Code Ann. § 11-50-140 — SC Code / Title 11 / Chapter 50 / Section 11-50-140
SECTION 11-50-140. Additional notices, proceedings or publications not required; not subject to referendum.
Status: in_force

Notice, proceeding, or publication, except those required in this chapter, are not necessary to the performance of any act authorized in this chapter nor is any act of the authority subject to any referendum.
S.C. Code Ann. § 11-15-470 — SC Code / Title 11 / Chapter 15 / Article 5 / Section 11-15-470
SECTION 11-15-470. Maturities.
Status: in_force

Such refunding bonds shall mature in such annual series or installments, equal or unequal in amount, as the governing body shall provide, except that: (1) The first maturing bonds shall mature within five years from the date as of which they are issued; (2) Not less than two per cent of the aggregate of the issue shall mature in any year; and (3) No bonds shall mature later than forty years from the date as of which they are issued.
S.C. Code Ann. § 11-56-20 — SC Code / Title 11 / Chapter 56 / Section 11-56-20
SECTION 11-56-20. Definitions.
Status: in_force

As used in this chapter: (1) "Department" means the Department of Commerce. (2) "Financial institution" means an organization authorized to do business under state or federal laws relating to financial institutions. (3) "Microenterprise" means any business, whether new or existing, with five or fewer employees, including startup, home-based, and self-employed businesses. (4) "Microloan" means any business loan up to twenty-five thousand dollars. (5) "Microloan delivery organization" means a community-based or nonprofit program that has developed a viable plan for providing training, access to financing, and technical assistance for microenterprises. (6) "Operating costs" means the costs associated with administering a loan or a loan guaranty, administering a revolving loan program, or providing for business training and technical assistance to a microloan recipient. (7) "Program" means the Microenterprise Partnership Program. (8) "Statewide microlending support organization" means a community-based or nonprofit organization that has a demonstrated capacity and a plan for providing and administering grants or loans to microloan delivery organizations.
S.C. Code Ann. § 11-17-30 — SC Code / Title 11 / Chapter 17 / Section 11-17-30
SECTION 11-17-30. Use of other funds for payment of notes.
Status: in_force

It shall at all times be lawful for any borrower to utilize any other funds applicable therefor for the payment of the principal and interest of the note.
S.C. Code Ann. § 11-5-220 — SC Code / Title 11 / Chapter 5 / Article 1 / Section 11-5-220
SECTION 11-5-220. Report required after sale of bonds or notes.
Status: in_force

The State Treasurer shall report to the Joint Bond Review Committee, the House Ways and Means Committee, and the Senate Finance Committee immediately after selling any General Obligation Bonds or Anticipation Notes. This report shall include the total amount of the issue, the interest rate charged (specified by year if the rate is not the same each year), the time contracted to pay the debt service, and the principal payment schedule.
S.C. Code Ann. § 11-5-10 — SC Code / Title 11 / Chapter 5 / Article 1 / Section 11-5-10
SECTION 11-5-10. Salary and personnel.
Status: in_force

The State Treasurer shall receive such annual salary as may be provided by the General Assembly. He may employ such personnel as may be authorized by law. Editor's Note 1991 Act No. 50, SECTION 7, effective July 1, 1991, provides as follows: "Except where inappropriate, a reference in a law, regulation, or other document to Chapters 1 and 3 of Title 12 of the 1976 Code, is considered a reference to the appropriate provisions of Chapters 2 and 4 of Title 12, Chapter 5 of Title 11, and Section 12-54-227, all of the 1976 Code."
S.C. Code Ann. § 11-43-390 — SC Code / Title 11 / Chapter 43 / Article 3 / Section 11-43-390
SECTION 11-43-390. Members or officers ceasing to be members before delivery of bonds; validity of signatures.
Status: in_force

If any of the members or officers of the bank cease to be members before the delivery of any bonds signed by them, their signatures or authorized facsimile signatures are nevertheless valid and sufficient for all purposes as if they had remained in office until the delivery of the bonds.
S.C. Code Ann. § 11-43-240 — SC Code / Title 11 / Chapter 43 / Article 1 / Section 11-43-240
SECTION 11-43-240. Deposit and investments.
Status: in_force

All money of the bank, except as authorized by law or provided in this chapter, must be deposited with and invested by the State Treasurer. Funds of the bank not needed for immediate use or disbursement may be invested by the State Treasurer in obligations or securities which are declared to be legal obligations by the provisions of Section 11-9-660. All federal funds must be invested as required by applicable federal law.
S.C. Code Ann. § 11-37-230 — SC Code / Title 11 / Chapter 37 / Section 11-37-230
SECTION 11-37-230. State Treasurer to invest monies of authority.
Status: in_force

All money of the authority, except as otherwise authorized by law or provided in this chapter, must be deposited with and invested by the State Treasurer. Funds of the authority not needed for immediate use or disbursement, including any funds held in any capital reserve fund, may be invested by the State Treasurer in obligations or securities which are declared to be legal obligations by the provisions of Chapter 5, Title 6, Section 11-9-660, and Section 11-9-661.
S.C. Code Ann. § 11-5-140 — SC Code / Title 11 / Chapter 5 / Article 1 / Section 11-5-140
SECTION 11-5-140. Payment of appropriations to meet ordinary expenses.
Status: in_force

The several amounts appropriated from year to year to meet the ordinary expenses of the State shall be paid by the Treasurer out of the usual income of the State and any unexpended balance in his hands not otherwise appropriated, in the manner prescribed by SECTION 11-3-130, and conformably with the terms of SECTIONS 11-5-150 and 11-5-160.
S.C. Code Ann. § 11-35-4220 — SC Code / Title 11 / Chapter 35 / Article 17 / Section 11-35-4220
SECTION 11-35-4220. Authority to debar or suspend.
Status: in_force

(1) Authority. After reasonable notice to the person or firm involved, and a reasonable opportunity for that person or firm to be heard, the appropriate chief procurement officer has the authority to debar a person for cause from consideration for award of contracts or subcontracts. The appropriate chief procurement officer has authority to suspend a person or firm from consideration for award of contracts or subcontracts during an investigation if there is probable cause for debarment. The period of debarment or suspension is as prescribed by the appropriate chief procurement officer. (2) Causes for Debarment or Suspension. The causes for debarment shall include, but not be limited to: (a) conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of the contract or subcontract; (b) conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or another offense indicating a lack of business integrity or professional honesty which currently, seriously, and directly affects responsibility as a state contractor; (c) conviction under state or federal antitrust laws arising out of the submission of bids or proposals; (d) violation of contract provisions, as set forth below, of a character regarded by the appropriate chief procurement officer to be so serious as to justify debarment action: (i) deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or (ii) a recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; except, that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor must not be considered a basis for debarment; (e) violation of an order of a chief procurement officer or the Procurement Review Panel; (f) violation of the Ethics, Government Accountability, and Campaign Reform Act of 1991, as amended, as determined by the State Ethics Commission, as an incident to obtaining or attempting to obtain a public contract or subcontract, or in the performance of the contract, or subcontract; and (g) any other cause the appropriate chief procurement officer determines to be so serious and compelling as to affect responsibility as a state contractor or subcontractor, including debarment by another governmental entity for any cause listed in this subsection. (3) Decision. The appropriate chief procurement officer shall issue a written decision to debar or suspend within ten days of the completion of his administrative review of the matter. The decision must state the action taken, the specific reasons for it, and the period of debarment or suspension, if any. (4) Notice of Decision. A copy of the decision pursuant to subsection (3) and a statement of appeal rights pursuant to Section 11-35-4220(5) must be mailed or otherwise furnished immediately to the debarred or suspended person and any other party intervening. The appropriate chief procurement officer also shall post a copy of the decision at a time and place communicated to all parties participating in the administrative review and the posted decision must indicate the date of posting on its face and shall be accompanied by a statement of the right to appeal provided in Section 11-35-4220(5). (5) Finality of Decision. A decision pursuant to subsection (3) is final and conclusive, unless fraudulent or unless the debarred or suspended person requests further administrative review by the Procurement Review Panel pursuant to Section 11-35-4410(1), within ten days of the posting of the decision in accordance with Section 11-35-4220(4). The request for review must be directed to the appropriate chief procurement officer, who shall forward the request to the panel, or to the Procurement Review Panel, and must be in writing, setting forth the reasons why the person disagrees with the decision of the appropriate chief procurement officer. The person also may request a hearing before the Procurement Review Panel. The appropriate chief procurement officer and any affected governmental body must have the opportunity to participate fully in any review or appeal, administrative or legal. (6) Debarment constitutes debarment of all divisions or other organizational elements of the contractor, unless the debarment decision is limited by its terms to specific divisions, organization elements, or commodities. The debarring official may extend the debarment decision to include any principals and affiliates of the contractor if they are specifically named and given written notice of the proposed debarment and an opportunity to respond. For purposes of this section, business concerns, organizations, or individuals are affiliates of each other if, directly or indirectly, either one controls or has the power to control the other, or a third party controls or has the power to control both. Indications of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a business entity organized following the debarment, suspension, or proposed debarment of a contractor which has the same or similar management, ownership, or principal employees as the contractor that was debarred, suspended, or proposed for debarment. For purposes of this section, the term "principals" means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity including, but not limited to, a general manager, plant manager, head of a subsidiary, division, or business segment, and similar positions. (7)(a) The fraudulent, criminal, or other seriously improper conduct of any officer, director, shareholder, partner, employee, or other individual associated with a contractor may be imputed to the contractor when the conduct occurred in connection with the individual's performance of duties for or on behalf of the contractor, or with the contractor's knowledge, approval, or acquiescence. The contractor's acceptance of the benefits derived from the conduct is evidence of such knowledge, approval, or acquiescence. (b) The fraudulent, criminal, or other seriously improper conduct of a contractor may be imputed to any officer, director, shareholder, partner, employee, or other individual associated with the contractor who participated in, knew of, or had reason to know of the contractor's conduct. (c) The fraudulent, criminal, or other seriously improper conduct of one contractor participating in a joint venture or similar arrangement may be imputed to other participating contractors if the conduct occurred for or on behalf of the joint venture or similar arrangement, or with the knowledge, approval, or acquiescence of these contractors. Acceptance of the benefits derived from the conduct is evidence of such knowledge, approval, or acquiescence. (8) The chief procurement officers shall maintain and update a list of debarred and suspended persons, and shall make the list publicly available. Editor's Note 2019 Act No. 41, SECTION 80, provides as follows: "SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date." Effect of Amendment 2019 Act No. 41, SECTION 58, in (1), in the second sentence, deleted "if doing so is in the best interest of the State and there is probable cause for debarment" from the end, in the third sentence, substituted "has authority to" for "also may", and made nonsubstantive changes; in (2), deleted "or suspension" following "debarment", inserted (f), redesignated (f) as (g), and made a nonsubstantive change; and added (7) and (8).
S.C. Code Ann. § 11-37-10 — SC Code / Title 11 / Chapter 37 / Section 11-37-10
SECTION 11-37-10. Citation of chapter.
Status: in_force

This chapter may be cited as the South Carolina Resources Authority Act.
S.C. Code Ann. § 11-1-30 — SC Code / Title 11 / Chapter 1 / Section 11-1-30
SECTION 11-1-30. Issuance of negotiable notes in anticipation of taxes.
Status: in_force

Wherever under the general law or a special act authority is given to borrow money in anticipation of the collection of taxes levied or to be levied in any municipality, county, school district or other political subdivision of the State for the payment of which the taxes so levied or to be levied are pledged, a negotiable promissory note or notes may evidence such indebtedness.
S.C. Code Ann. § 11-41-30 — SC Code / Title 11 / Chapter 41 / Section 11-41-30
SECTION 11-41-30. Definitions.
Status: in_force

As used in this chapter: (1) "Department" means the State Department of Commerce. (2)(a)(i) "Economic development project" or " project" means either (A) a project in this State as defined in Section 12-44-30(16) in which a total of at least four hundred million dollars is invested in the project by the sponsor and at least four hundred new jobs are created at the project by the sponsor, or (B) an expansion of an existing economic development project for which economic development bonds have previously been issued, if in connection with the expansion, in addition to and not including the investment made and new jobs created in connection with the existing project for which economic development bonds have previously been issued, a total of at least four hundred million dollars is invested in the project by the sponsor and at least four hundred new jobs are created at the project by the sponsor. (ii) "Enhanced economic development project" or "enhanced project" means an economic development project for which the sponsor satisfies the jobs and investment criteria set forth in subsubitem (i), and, further, (A) the total investment in the project by the sponsor is not less than 1.1 billion dollars and (B) the total number of new jobs created at the project is not less than two thousand. Subject to the satisfaction of the additional criteria set forth in this paragraph and further subject to Sections 11-41-50(C), 11-41-60, and 11-41-70, an enhanced project constitutes an economic development project for purposes of this chapter. (b) "Project" also includes a life sciences facility in this State defined as a business engaged in pharmaceutical, medicine, and related laboratory instrument manufacturing, processing, or research and development. Included in this definition are the following North American Industrial Classification Systems, NAICS Codes published by the Office of Management and Budget of the federal government: (i) 3254 Pharmaceutical and Medical Manufacturing; (ii) 334516 Analytical Laboratory Instrument Manufacturing. With respect to a life sciences facility, the sponsor must invest in the project at least one hundred million dollars and create at the project at least two hundred new jobs with an average annual cash compensation level of at least twice the annual per capita income in this State. Per capita income must be determined by using the most recent per capita income data available at the time the request for funding is made pursuant to this chapter. (c) To qualify as an economic development project defined in subitems (a) and (b) above for purposes of this chapter, the applicable investment and job creation requirements must be attained no later than the eighth year after the project first begins operations. (d) "Economic development project" or "project" also includes training and research facilities and the necessary equipment therefor, owned by the State or any agency, instrumentality, or political subdivision thereof, for a program for purposes of providing the necessary trained personnel to support the state's economically vital tourism industry. A project as defined in this subsection is also referred to herein as a "tourism training infrastructure project". A tourism training infrastructure project is not subject to the job creation and capital investment requirements imposed on projects as defined in subsections (a) and (b) above. (e) "Economic development project" or "project" also includes a national and international convention and trade show center in this State, owned by the State or any agency, instrumentality, or political subdivision thereof. A "national and international convention and trade show center" means a not less than two hundred thousand square foot facility consisting of meeting and exhibit space at which are held major conventions, trade shows, and special events that bring delegates into the State and community including, but not limited to, consumer shows, sporting events, and other meetings. Included in the space requirement is an adjacent facility allowing specific events thereby making additional time and space available for the major conventions, trade shows, and special events contemplated by this definition. However, if any adjacent facility is contemplated or initiated under the terms and conditions of this subitem, these plans must be submitted to the Joint Bond Review Committee for review and comment. A national and international convention and trade show center is not subject to the job creation and capital investment requirements imposed on projects as defined in subsections (a) and (b) above. (3) "Infrastructure" must relate specifically to, but is not required to be located at, the economic development project and means: (a) land acquisition; (b) site preparation; (c) road and highway improvements; (d) rail spur construction; (e) water service; (f) wastewater treatment; (g) employee training which may include equipment used for such purpose; (h) environmental mitigation; (i) training and research facilities and the necessary equipment therefor. (j) buildings and renovations to buildings whether new or existing (i) associated with an economic development project as defined in Section 11-41-30(2) that includes air carrier hub terminal facilities as defined in Section 55-11-500(a), or (ii) located on land that is owned by the State or an agency, instrumentality, or political subdivision thereof. (4) "Investment" means money expended by the sponsor on capital assets directly related to the economic development project and does not include amounts expended in aid of the project by the State pursuant to this chapter or otherwise, or amounts expended in aid of the project by a county, municipality, or a special purpose district, however financed. (5) "Sponsor" means a sole proprietor, partnership, corporation of any classification, limited liability company, or association taxable as a business entity or any combination of these entities. (6) "State general obligation economic development bonds" or "economic development bonds" or "bonds" means general obligation bonds of this State issued under the authority of this chapter. (7) "New job" means a full-time job created in this State at an economic development project. The term does not include a job created when an employee is shifted from an existing location in this State to a new or expanded facility whether the transferred job is from, or to, a project of the sponsor or a related person. A related person includes any entity or person that bears a relationship to the sponsor as described in Section 267 of the Internal Revenue Code of 1986. Full time means a job requiring a minimum of thirty-five hours of an employee's time a week for the entire normal year of sponsor operations or a job requiring a minimum of thirty-five hours of an employee's time a week for a year if the employee was hired initially for or transferred to the project. Two half-time jobs are considered one full-time job. A half-time job is a job requiring a minimum of twenty hours of an employee's time a week otherwise meeting the full-time job requirements. Editor's Note 2013 Act No. 73, SECTION 3, provides as follows: "SECTION 3. This act takes effect upon approval by the Governor and the definition clarified and time limit extension included in Sections 11-41-30 and 11-41-70 of the 1976 Code, as amended by this act, apply with respect from the original effective date of Act 114 of 2005 [June 6, 2005]." Effect of Amendment The first 2013 amendment, in subsection (2)(a)(i), added "either (A)" and the text beginning with ", or (B) an expansion"; added subsection (2)(a)(ii), the definitions of "enhanced economic development project" and "enhanced project"; and in subsection (2)(c), substituted "project defined in subitems" for "project as defined in subsections", and inserted "applicable" before "investment and job creation requirements". The second 2013 amendment, in subsection (2)(e), added the third and fourth sentences, relating to adjacent facilities.
S.C. Code Ann. § 11-45-20 — SC Code / Title 11 / Chapter 45 / Section 11-45-20
SECTION 11-45-20. Legislative intent.
Status: in_force

The General Assembly desires to increase the availability of equity, near-equity, or seed capital for emerging, expanding, relocating, and restructuring enterprises in the State, so as to help strengthen the state's economic base, and to support the economic development goals of this State in accordance with the strategy established by the Department of Commerce. The General Assembly also desires to address the long-term capital needs of small-sized and medium-sized firms, to address the needs of micro enterprises, to expand availability of venture capital, and to increase international trade and export finance opportunities for South Carolina based companies.
S.C. Code Ann. § 11-43-620 — SC Code / Title 11 / Chapter 43 / Article 5 / Section 11-43-620
SECTION 11-43-620. Sale upon sealed proposals; notice; awarding of bonds; rejection, readvertising.
Status: reserved

Transportation infrastructure bonds must be sold by the Governor and the State Treasurer upon sealed proposals, after publication of notice of such sale one or more times at least seven days before such sale, in a newspaper of general circulation in the State and also in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The bonds must be awarded to the bidder offering to purchase the transportation infrastructure bonds at the lowest net interest cost to the State at a price of not less than ninety-nine percent of par and accrued interest to the date of delivery, but the right is reserved to reject all bids and to readvertise the bonds for sale and to waive technicalities in the bidding.
S.C. Code Ann. § 11-42-50 — SC Code / Title 11 / Chapter 42 / Section 11-42-50
SECTION 11-42-50. Responsibilities and powers of division.
Status: in_force

The Division of Regional Development is the state program responsible for the creation of a state infrastructure development plan, for the coordination of regional infrastructure development plans, and for the coordination of state programs and resources that impact or affect infrastructure development. To fulfill its public mandate, the division is expressly authorized to perform the following functions and exercise the following powers: (1) prescribe recommended elements to be included in any comprehensive regional infrastructure development plan; (2) coordinate and qualify regional infrastructure development plans; (3) create a state infrastructure development plan through consultation with other appropriate state agencies; (4) provide training, education, resources and technical assistance to enable and support the efforts of local governments and the Regional Councils of Government to create and develop comprehensive infrastructure development plans; (5) to participate as a party, as an advocate, or otherwise, in state government and state agency decision-making processes that impact or affect infrastructure development; (6) to coordinate relevant state government actions and programs that impact or affect infrastructure development in order to focus and direct these actions and programs to support and assist the development and implementation of the State and regional infrastructure development plans; (7) to identify and coordinate public funds, regardless of original source, that are expended or distributed by state agencies to help underwrite or support infrastructure development in order that state agency expenditures and distributions of public funds are both consistent with and supportive of state and regional infrastructure development plans; and (8) to request and receive assistance and support from other state agencies and programs as needed by the division.
S.C. Code Ann. § 11-35-510 — SC Code / Title 11 / Chapter 35 / Article 3 / Section 11-35-510
SECTION 11-35-510. Centralization of materials management authority.
Status: in_force

All rights, powers, duties, and authority relating to the procurement of supplies, services, and information technology and to the management, control, warehousing, sale and disposal of supplies, construction, information technology, and services now vested in or exercised by a state governmental body pursuant to the provisions of law relating thereto, and regardless of source of funding, are hereby vested in the appropriate chief procurement officer, or with regard to Article 15, as provided therein. This vesting of authority is subject to Section 11-35-710 (Exemptions), Section 11-35-1250 (Authority to Contract for Auditing Services), Section 11-35-1260 (Authority to Contract for Legal Services), Section 11-35-1550 (Small Purchases), Section 11-35-1560 (Sole Source Procurement), Section 11-35-1570 (Emergency Procurements), Section 11-35-3230 (Exception for Small Architect-Engineer, and Land Surveying Services Contracts), and Section 11-35-3620 (Management of Warehouses and Inventory). Editor's Note 2019 Act No. 41, SECTION 80, provides as follows: "SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date." Effect of Amendment 2019 Act No. 41, SECTION 8, in the first sentence, inserted ", or with regard to Article 15, as provided therein", in the second sentence, inserted "Section 11-35-1560 (Sole Source Procurement),", and made nonsubstantive changes.
S.C. Code Ann. § 11-40-100 — SC Code / Title 11 / Chapter 40 / Section 11-40-100
SECTION 11-40-100. Authority to pledge revenues, funds, or loan obligations to secure bonds.
Status: in_force

The authority may pledge any of its revenues or funds to the payment of its bonds, subject only to prior agreement with the holders of particular bonds which may have pledged specific money or revenue. Bonds may be secured by a pledge of any loan obligation owned by the authority, any grant, contribution, or guaranty from the United States, the State, or a corporation, association, institution or person, other property or assets of the authority, or a pledge of any money, income, or revenue of the authority from any source.
S.C. Code Ann. § 11-49-120 — SC Code / Title 11 / Chapter 49 / Section 11-49-120
SECTION 11-49-120. Taxation of bonds, interest from bonds, and property of authority; fiduciaries authorized to invest in bonds.
Status: in_force

(A) The bonds and the income from the bonds are exempt from all taxation in the State except for inheritance, estate, or transfer taxes, regardless of the federal income tax treatment of the interest from the bonds. (B) The exercise of the powers granted by this chapter are in all respects for the benefit of the citizens of the State and for the promotion of their welfare, convenience, and prosperity. Property, whether real or personal, tangible or intangible, of the authority and the income and operations of the authority are exempt from taxation or assessment by the State or any of its political subdivisions. (C) It is lawful for executors, administrators, guardians, committees, and other fiduciaries to invest any monies in their hands in bonds. Nothing contained in this section may be construed as relieving any person from the duty of exercising reasonable care in selecting investments.
S.C. Code Ann. § 11-58-30 — SC Code / Title 11 / Chapter 58 / Section 11-58-30
SECTION 11-58-30. South Carolina Opioid Recovery Fund; establishment; use of funds.
Status: in_force

(A) The State Treasurer shall establish the South Carolina Opioid Recovery Fund. This fund must be held and maintained separately from all other funds, properties, assets, and accounts of the State and its other agencies. (B) The South Carolina Opioid Recovery Fund shall receive money from certain opioid-related settlements entered into by the State of South Carolina and its participating political subdivisions pursuant to the terms of an agreement between the Attorney General and the participating political subdivisions. The Attorney General and participating political subdivisions may direct funds from future opioid-related settlements or judgments to the South Carolina Opioid Recovery Fund. (C) All funds in the South Carolina Opioid Recovery Fund must be spent on approved abatement strategies, except that up to two percent of funds deposited into the South Carolina Opioid Recovery Fund pursuant to subsection (B) may be allocated by the South Carolina Opioid Recovery Fund Board to the Administrative Subfund for the purpose of administering this chapter. (D) The State Auditor shall conduct an annual examination of the South Carolina Opioid Recovery Fund and provide a report of its findings to the South Carolina Opioid Recovery Fund Board and the State Fiscal Accountability Authority. (E) The State Treasurer may invest funds held in the South Carolina Opioid Recovery Fund for the sole benefit of that fund. (F) The State Inspector General may investigate and address allegations of fraud, waste, abuse, mismanagement, misconduct, violations of state or federal law, and wrongdoing relating to the South Carolina Opioid Recovery Fund. If any such allegations come to the attention of the board or its staff, immediate notice of the relevant facts must be transmitted to the State Inspector General.
S.C. Code Ann. § 11-43-530 — SC Code / Title 11 / Chapter 43 / Article 5 / Section 11-43-530
SECTION 11-43-530. Review of request; approval of bonds or bond anticipation notes.
Status: in_force

Following the receipt of any request pursuant to Section 11-43-520, the state board shall review the same and it shall approve such request, by resolution duly adopted, to effect the issuance of transportation infrastructure bonds, or pending the issuance thereof, effect the issuance of bond anticipation notes pursuant to Chapter 17 of Title 11.
S.C. Code Ann. § 11-3-170 — SC Code / Title 11 / Chapter 3 / Section 11-3-170
SECTION 11-3-170. Payments from State Treasury.
Status: in_force

After the approval of the annual appropriation act by the Governor, monies may be obtained from the State Treasury only by drawing vouchers upon the Comptroller General. All vouchers, except for appropriated salaries, shall be accompanied by a classified and itemized statement of expenditures showing in each case the name of the payee and a list of articles purchased or services rendered, together with a certified statement that such articles or services were purchased or rendered exclusively for the purpose or activity for which the appropriation was made. These statements of expenditures shall be prepared on printed forms prescribed by the Comptroller General and they shall be prepared in duplicate, the copy to be retained for the purpose of assisting in the annual audit and as a permanent office record.
S.C. Code Ann. § 11-50-30 — SC Code / Title 11 / Chapter 50 / Section 11-50-30
SECTION 11-50-30. South Carolina Rural Infrastructure Authority; creation; governance; purpose; fund.
Status: in_force

(A) There is created a body corporate and politic and an instrumentality of the State to be known as the South Carolina Rural Infrastructure Authority. (B) The authority is governed by a board of directors as provided in this chapter. (C) The corporate purpose of the authority is to select and assist in financing qualified rural infrastructure by providing loans and other financial assistance to municipalities, counties, special purpose and public service districts, and public works commissions for constructing and improving rural infrastructure facilities. The exercise by the authority of a power conferred in this chapter is an essential public function. (D) The authority shall establish and maintain the South Carolina Rural Infrastructure Fund into which monies for the purposes of the authority must be deposited.
S.C. Code Ann. § 11-35-2440 — SC Code / Title 11 / Chapter 35 / Article 5 / Section 11-35-2440
SECTION 11-35-2440. Records of procurement actions.
Status: in_force

(1)(a) Contents of Records. A governmental body as defined in Section 11-35-310(18) shall submit quarterly a record listing all contracts made pursuant to Section 11-35-1560 (Sole Source Procurement) or Section 11-35-1570 (Emergency Procurements) to the chief procurement officers. The record must contain: (i) each contractor's name; (ii) the amount and type of each contract; (iii) a listing of supplies, services, information technology, or construction procured under each contract. (b) The chief procurement officers shall maintain these records for five years. (2) Publication of Records. A copy of the record must be submitted to the board on an annual basis and must be available for public inspection.
S.C. Code Ann. § 11-18-20 — SC Code / Title 11 / Chapter 18 / Section 11-18-20
SECTION 11-18-20. Definitions.
Status: in_force

(a) "ARRA Bonds" mean: (1) recovery zone bonds authorized under Section 1401 of ARRA; and (2) Qualified Energy Conservation Bonds authorized under Section 301(a) of Tax Extenders and Alternative Minimum Tax Relief Act of 2008, Pub. L. 110-343, 122 Stat. 1365 (2008) as amended by Section 112 of ARRA. (b) "Board" means the State Fiscal Accountability Authority's governing board. (c) "Code" means the Internal Revenue Code of 1986, as amended. (d) "Local Government" means each county and municipality that received an allocation of Volume Cap pursuant to the Code and IRS Notice 2009-50. (e) "Other federal bonds" mean any such bond, whether tax-exempt, taxable or tax credit, created after the date hereof whereby a volume cap limitation is proscribed under the Code. (f) "Qualified energy conservation bond" means the term as defined in Section 54D(a) of the Code. (g) "Recovery zone" means the term as defined in Section 1400U-1(b) of the Code. (h) "Recovery zone economic development bond" means the term as defined in Section 1400U-2 of the Code. (i) "Recovery zone facility bond" means the term as defined in Section 1400U-3 of the Code. (j) "State" means the State of South Carolina. (k) "Volume Cap" means the amount or other limitation of ARRA Bonds allocated to each state and to counties and large municipalities within each state in accordance with Section 1400U-1(a)(4) of the Code, with respect to Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds, Section 54D(e)(1) of the Code, with respect to Qualified Energy Conservation Bonds, and any other section of the Code which imposes a volume cap limitation on any other Federal Bonds. Effect of Amendment 2014 Act No. 121, SECTION 20.B.1, in subsection (b), substituted "State Fiscal Accountability Authority's governing board" for "South Carolina Budget and Control Board".
S.C. Code Ann. § 11-37-50 — SC Code / Title 11 / Chapter 37 / Section 11-37-50
SECTION 11-37-50. Powers of authority.
Status: in_force

The authority shall: (1) have perpetual succession as a public body corporate and as a political subdivision of the State; (2) adopt, amend, and repeal bylaws and regulations not inconsistent with this chapter for the administration of its affairs and the implementation of its functions in accordance with the provisions of Chapter 23 of Title 1; (3) sue and be sued in its own name; (4) have an official seal and alter it at will although the failure to affix the seal does not affect the validity of any instrument executed on behalf of the authority; (5) make and execute contracts and all other instruments and agreements necessary or convenient for the performance of its duties and the exercise of its powers and functions; (6) sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its properties and assets; (7) employ agents, advisers, consultants and other employees, including attorneys, financial advisers, engineers, and other technical advisers and public accountants and determine their duties and compensation; (8) procure insurance against any loss in connection with its property, assets, or activities, including insurance against liability for its acts or the acts of its employees or agents; (9) procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entities, including any department, agency, or instrumentality of the United States or the State of South Carolina, for the payment of any bonds issued by it, including the power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of collateral or security or credit support; (10) receive and accept from any source aid, grants, and contributions of money, property, labor, or other things of value to be used to carry out the purposes of this chapter subject to the conditions upon which the aid, grants, or contributions are made; (11) enter into agreements with any department, agency, or instrumentality of the United States or this State for the purpose of planning, regulating, and providing for the financing of any projects; (12) collect, or authorize the trustee under any trust indenture securing any bonds to collect, amounts due under any local obligations owned by it, including taking the action required to obtain payment of any sums in default; (13) enter into contracts or agreements for the servicing and processing of local obligations owned by it; (14) invest or reinvest its funds as provided in Section 11-37-230 or as permitted by applicable law; (15) unless restricted under any agreement with holders of bonds, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any local obligations owned by it; (16) establish and revise, amend and repeal, and collect fees and charges in connection with any activities or services rendered by the authority; and (17) perform any act necessary or convenient to the exercise of the powers granted or reasonably implied by this chapter.
S.C. Code Ann. § 11-18-70 — SC Code / Title 11 / Chapter 18 / Section 11-18-70
SECTION 11-18-70. Purpose of chapter; board policies and procedures.
Status: in_force

(A) The purpose of this chapter is to ensure that the state's allocations of ARRA Bonds and Other Federal Bonds are used. To that end, the board is authorized and directed to make such exceptions and waivers or extend or shorten time requirements as it deems most likely to effect the purposes hereof. The board is encouraged to avoid the development of rigid procedures and formalities in the determination of waived allocations or reallocations. The board is directed to focus on the probability of the Local Governments' using the Volume Cap for ARRA Bonds prior to January 1, 2011. (B) The board may adopt any further policies and procedures it considers necessary for the equitable and effective administration of this chapter.
S.C. Code Ann. § 11-13-100 — SC Code / Title 11 / Chapter 13 / Section 11-13-100
SECTION 11-13-100. Intermingling official funds with private funds prohibited.
Status: in_force

It shall be unlawful for any state official to deposit public or trust funds with individual or private funds in any bank or other depository in this State, and for any such officer to withdraw any such public or trust funds or any part thereof, for any purpose other than that for which it was received and deposited. Any state official violating this provision of law shall be subject to a fine or imprisonment at the discretion of the court and in addition shall be subject to removal from office for malfeasance in office. This section is intended to require all state officers to carry a state fund not required to be deposited by them in the State Treasury under the provisions of SECTION 11-13-110 in a separate account to be known as public or trust funds without allowing any private funds to be deposited with such public or trust funds.
S.C. Code Ann. § 11-57-10 — SC Code / Title 11 / Chapter 57 / Article 1 / Section 11-57-10
SECTION 11-57-10. Short title.
Status: in_force

This chapter may be cited as the "Iran Divestment Act of 2014".
S.C. Code Ann. § 11-37-190 — SC Code / Title 11 / Chapter 37 / Section 11-37-190
SECTION 11-37-190. State grants.
Status: in_force

The State may make, but is not required to make, grants of money or property to the authority for the purpose of enabling it to carry out its corporate purposes and for the exercise of its powers, including deposits to capital reserve funds. This section may not be construed to limit any other power to make grants to the authority.
S.C. Code Ann. § 11-37-80 — SC Code / Title 11 / Chapter 37 / Section 11-37-80
SECTION 11-37-80. Bonds may be secured by pledge.
Status: in_force

The authority may pledge any of its revenue or funds to the payment of its bonds, subject only to any prior agreements with the holders of particular bonds which may have pledged specific money or revenue. Bonds may be secured by a pledge of any local obligation owned by the authority, any grant, contribution, or guaranty from the United States, the State, or any corporation, association, institution, or person, any other property or assets of the authority, or a pledge of any money, income, or revenue of the authority from any source.
S.C. Code Ann. § 11-44-30 — SC Code / Title 11 / Chapter 44 / Section 11-44-30
SECTION 11-44-30. Definitions.
Status: repealed

For purposes of this chapter: (1) "Angel investor" means an accredited investor as defined by the United States Securities and Exchange Commission, who is: (a) an individual person who is a resident of this State or a nonresident who is subject to taxes imposed by Chapter 6, Title 12; or (b) a pass-through entity which is formed for investment purposes, has no business operations, does not have committed capital under management exceeding five million dollars, and is not capitalized with funds raised or pooled through private placement memoranda directed to institutional investors. A venture capital fund or commodity fund with institutional investors or a hedge fund does not qualify as an angel investor. (2) "Headquarters" means the facility or portion of a facility where corporate staff employees are physically employed, and where the majority of the company's or company business unit's financial, personnel, legal, planning, information technology, or other headquarters-related functions are handled. (3) "Net income tax liability" means South Carolina state income tax liability reduced by all other credits allowed under Titles 11, 12, and 48. (4) "Pass-through entity" means a partnership, an S-corporation, or a limited liability company taxed as a partnership. (5) "Qualified business" means a registered business that: (a) is either a corporation, limited liability company, or a general or limited partnership located in this State and has its headquarters located in this State at the time the investment was made and has maintained these headquarters for the entire time the qualified business benefitted from the tax credit provided for pursuant to this section; (b) was organized no more than five years before the qualified investment was made; (c) employs twenty-five or fewer people in this State at the time it is registered as a qualified business; (d) has had in any complete fiscal year before registration gross income as determined in accordance with the Internal Revenue Code of two million dollars or less on a consolidated basis; (e) is primarily engaged in manufacturing, processing, warehousing, wholesaling, software development, information technology services, research and development, or a business providing services set forth in Section 12-6-3360(M)(13), other than those described in subitem (f); and (f) does not engage substantially in: (i) retail sales; (ii) real estate or construction; (iii) professional services; (iv) gambling; (v) natural resource extraction; (vi) financial brokerage, investment activities, or insurance; (vii) entertainment, amusement, recreation, or athletic or fitness activity for which an admission or fee is charged. A business is substantially engaged in one of the activities defined in subitem (f) if its gross revenue from an activity exceeds twenty-five percent of its gross revenues in a fiscal year or it is established pursuant to its articles of incorporation, articles of organization, operating agreement, or similar organizational documents to engage as one of its primary purposes such activity. (6) "Qualified investment" means an investment by an angel investor of cash in a qualified business for common or preferred stock or an equity interest or a purchase for cash of subordinated debt in a qualified business. Investment of common or preferred stock or an equity interest or purchase of subordinated debt does not qualify as a qualified investment if a broker fee or commission or a similar remuneration is paid or given directly or indirectly for soliciting an investment or a purchase. (7) "Registered" or "registration" means that a business has been certified by the Secretary as a qualified business at the time of application to the Secretary. (8) "Secretary" means the Secretary of State. Editor's Note 2013 Act No. 80, SECTION 1.B., as amended by 2020 Act No. 138, SECTION 3.A., and SECTION 3, provide as follows: "[1.]B. The provisions of Chapter 44, Title 11, contained in this act are repealed on December 31, 2025. Any carry forward credits shall continue to be allowed until the ten-year time period in Section 11-44-40(B) is completed." "SECTION 3. This act takes effect upon approval by the Governor, and the tax credits permitted by this chapter are first available for investments made after December 31, 2012." 2020 Act No. 138, SECTION 3.B., provides as follows: "[3.]B. This SECTION takes effect upon approval by the Governor and applies to tax years beginning after 2019. The provisions of Chapter 44, Title 11, as they existed on December 31, 2019, are re-enacted, and the tax credits earned pursuant to this SECTION shall be earned and claimed under the same terms and conditions as they existed on December 31, 2019. This SECTION shall continue to apply until such time as Chapter 44, Title 11, or parts thereof, are otherwise repealed, mutatis mutandis."
S.C. Code Ann. § 11-11-80 — SC Code / Title 11 / Chapter 11 / Article 1 / Section 11-11-80
SECTION 11-11-80. Statements, balance sheet, and general survey to accompany budget.
Status: in_force

The Governor shall accompany the budget with: (1) A statement of the revenues and expenditures for each of the two appropriation years next preceding, classified and itemized in accordance with the official budget classification adopted by the board; (2) A statement of the current assets, liabilities, revenues and surplus or deficit of the State; (3) A statement of the debts and funds of the State; (4) A statement showing the board's itemized estimates of the condition of the State Treasury as of the beginning and end of each year; (5) An itemized and complete financial balance sheet for the State at the close of the last preceding fiscal year ending June thirtieth; and (6) A general survey of the State's financial and natural resources, with a review of the general economic, industrial and commercial condition of the State. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1).
S.C. Code Ann. § 11-9-880 — SC Code / Title 11 / Chapter 9 / Article 9 / Section 11-9-880
SECTION 11-9-880. Verification by State Treasurer of information relating to that office.
Status: in_force

Information contained in any economic report, scenario, forecast, or projection relating to the State Treasurer's office must be verified by the State Treasurer before announcement. Editor's Note Prior Laws: Former SECTION 11-9-880 was titled Board of Economic Advisors to make forecasts of economic conditions; adjustments to forecasts; review of revenues; synopsis of revenue shortfalls; publication of reports, and had the following history: 1983 Act No. 151, Part II, SECTION 57; 1992 Act No. 501, Part II, SECTION 13D; 2014 Act No. 121 (S.22), Pt VI, SECTION 8.D, eff July 1, 2014; 2016 Act No. 199 (S.267), SECTION 2, eff June 3, 2016. See now, Code 1976 SECTION 11-9-1130. Effect of Amendment 2018 Act No. 246, SECTION 2, substituted "before" for "prior to" following "verified by the State Treasurer".
S.C. Code Ann. § 11-5-210 — SC Code / Title 11 / Chapter 5 / Article 1 / Section 11-5-210
SECTION 11-5-210. Licensing fees and other income of Professional and Occupational Licensing Agencies.
Status: in_force

(A) Except for the provisions of Sections 27-32-200, et seq., relating to the Vacation Time Sharing Recovery Fund, all revenues and income from licenses, examination fees, sale of commodities and services, and income derived from any other board or commission source or activity of the following boards and commissions for which General Fund appropriations are made in all general appropriations acts must be remitted to the State Treasurer as collected when practicable, but at least once each week and must be credited to the General Fund of the State: South Carolina Board of Accountancy State Board of Architectural Examiners South Carolina Auctioneers' Commission State Board of Barber Examiners State Cemetery Board South Carolina Board of Chiropractic Examiners State Licensing Board for Contractors State Board of Cosmetology South Carolina State Board of Dentistry State Board of Registration for Professional Engineers and Land Surveyors South Carolina Board of Certification of Environmental Systems Operators State Board of Registration for Foresters South Carolina State Board of Funeral Services State Board of Registration for Geologists State Board of Landscape Architectural Examiners State Board of Medical Examiners State Board of Nursing for South Carolina State Board of Examiners for Nursing Home Administrators and Community Residential Care Facility Administrators South Carolina Board of Occupational Therapy South Carolina Board of Examiners in Opticianry South Carolina Board of Examiners in Optometry Board of Pharmacy State Board of Physical Therapy Examiners Board of Podiatry Examiners State Board of Examiners for Professional Counselors, Associate Counselors, and Marital and Family Therapists State Board of Examiners in Psychology Real Estate Commission of South Carolina South Carolina Residential Home Builders Commission South Carolina State Board of Examiners for Registered Sanitarians State Board of Social Work Examiners State Board of Registration for Professional Soil Classifiers State Board of Examiners in Speech Pathology and Audiology South Carolina State Board of Veterinary Medical Examiners. (B) The agencies listed in this section whose revenue and income are collected on a two-year basis, for the purposes of this provision, may average their income for the appropriate fiscal years. (C) All assessments, fees, and licenses must be levied in an amount sufficient to at least equal the amount appropriated annually in the general appropriations act for those boards and commissions. (D) The boards and commissions listed in subsection (A) are known as Professional and Occupational Licensing Agencies (POLA). Editor's Note 1992 Act No. 535, SECTION 1 , eff May 4, 1992, provides as follows: "SECTION 1. Professional and Licensing Agencies (POLA's) as specified in Section 11-5-210 of the 1976 Code may establish special comptroller general accounts for crediting testing fees received in excess of amounts appropriated to these agencies before July 1, 1992, for test expenses. Funds credited to these accounts may be used only to pay test expenses. Any account balance at the close of the fiscal year must be remitted to the general fund of the State. These accounts must be designated 'earmarked other fund accounts' and funds credited to these accounts must be expended according to the JARC process. These accounts may not be used to defer revenue."
S.C. Code Ann. § 11-40-40 — SC Code / Title 11 / Chapter 40 / Section 11-40-40
SECTION 11-40-40. Powers of authority.
Status: in_force

In addition to the powers set forth elsewhere in this chapter, the authority shall have all power necessary, useful, or appropriate to fund, use, and administer the South Carolina Infrastructure Revolving Loan Fund and to perform its other functions hereunder, including, but not limited to, the power: (1) to have perpetual succession; (2) to adopt, promulgate, amend, and repeal bylaws and regulations not inconsistent with this chapter for the administration of its affairs and the implementation of its functions; (3) to sue and be sued in its own name; (4) to have a seal and alter the same at its pleasure, although the failure to affix the seal does not affect the validity of an instrument executed on behalf of the authority; (5) to make and service loans, enter into loan agreements, accept and enforce loan obligations, and provide other forms of financial assistance permitted by this chapter; (6) to make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created; (7) to establish (a) policies and procedures for the making and administering of loans and (b) fiscal controls and accounting procedures to ensure proper accounting and reporting by the authority and local governments; (8) to acquire by purchase, lease, donation, eminent domain or otherwise and to sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of all or any part of its properties and assets of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (9) to hire staff and employ agents, advisers, consultants, and other employees, including attorneys, financial advisers, engineers, and other technical advisers and public accountants and determine their duties and compensation; (10) to procure insurance against a loss in connection with its property, assets, or activities including insurance against liability for its acts or the acts of its employees or agents, or establishing cash reserves to enable it to act as a self-insurer against any and all such losses; (11) to borrow money to further or carry out its public purpose and to issue revenue bonds, notes, or other obligations of the authority subject to the provisions of this chapter to evidence such loans and to execute leases, trust indentures, trust agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and other agreements or instruments as may be necessary or desirable in the judgment of the authority, and to evidence and to provide security for such loans, all as provided further in this chapter; (12) to collect fees and charges in connection with its loans, commitments, management services, and servicing including, but not limited to, reimbursements of costs of financing, as the authority shall determine to be reasonable and as shall be approved by the authority; (13) to procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from a public or private entity, including a department, agency, or instrumentality of the United States or of this State, for the payment of bonds issued by it; including the power to pay premiums or fees on insurance, guarantees, letters of credit, and other forms of collateral or security or credit support; (14) to apply for, receive and accept from any source aid, grants, and contributions of money, property, labor, or other things of value to be used to carry out the purposes of this chapter subject to the conditions upon which the aid, grants, or contributions are made; (15) to enter into agreements with a department, agency, or instrumentality of the United States or of this State for the purpose of planning and providing for the financing of projects; (16) to collect or authorize the trustee under a trust indenture securing bonds to collect amounts due under the loan agreement or loan obligation, including taking the action required to obtain payment of sums in default; (17) to enter into contracts or agreements for the servicing and processing of loan agreements or loan obligations; (18) unless restricted under an agreement with bondholders, consent to a modification with respect to the rate of interest, time, and payment of an installment of principal or interest, or other term of a loan agreement or loan obligation; (19) to establish and revise, amend and repeal, and collect fees and charges in connection with activities or services rendered by the authority; (20) to disburse monies from the fund for program, project, loan, and fund management; (21) to provide advisory, technical, consultative, training, educational, and project assistance services to the State and to local governments and to enter into contracts with the State and local governments to provide such services; (22) to extend credit or make loans, including the acquisition of bonds, revenue bonds, notes, or other obligations to the State, any local government, or other entity, including the federal government, for the cost or expense of any project or any part of the cost or expense of any project, which credit or loans may be evidenced or secured by trust indentures, loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, or assignments, on such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds; and, in the exercise of powers granted by this chapter in connection with any project, the authority shall have the right and power to require the inclusion in any such trust indentures, loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable; (23) as security for repayment of any bonds, revenue bonds, notes, or other obligations of the authority, pledge, lease, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority including, but not limited to, real property, fixtures, personal property, and revenues or other funds and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's revenue bonds, notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument; (24) to use income earned on any investment or loan for such corporate purposes of the authority as the authority in its discretion shall determine; (25) to do all other things necessary or convenient to the exercise of the powers granted or reasonably implied by this chapter.
S.C. Code Ann. § 11-35-1840 — SC Code / Title 11 / Chapter 35 / Article 5 / Section 11-35-1840
SECTION 11-35-1840. Promulgation of regulations.
Status: in_force

The board may promulgate regulations to prescribe responsibilities, general rules, and procedures for identifying, evaluating, and resolving organizational conflicts of interest. The aims of such regulations are preventing the existence of conflicting roles that might bias a contractor's judgement, and preventing unfair competitive advantage. Editor's Note 2019 Act No. 41, SECTION 80, provides as follows: "SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date."
S.C. Code Ann. § 11-35-3020 — SC Code / Title 11 / Chapter 35 / Article 9 / Section 11-35-3020
SECTION 11-35-3020. Additional bidding procedures for construction procurement.
Status: in_force

Exceptions in Competitive Sealed Bidding Procedures. The process of competitive sealed bidding as required by Section 11-35-3015(2)(b) must be performed in accordance with the procedures outlined in Article 5 of this code subject to the following exceptions: (a) Invitation for Bids. Each governmental body is responsible for developing a formal invitation for bids for each state construction project. The invitation must include, but not be limited to, all contractual terms and conditions applicable to the procurement. A copy of each invitation for bids must be filed with the State Engineer's Office and must be advertised formally in an official state government publication. Adequate notice of the invitation for bids must be given at a reasonable time before the date set forth in it for the opening of bids. The manner in which this official state government publication must be published, the content of the publication itself, the frequency of the publication, the method of subscription to the publication, and the manner by which the publication is distributed must be established by regulation of the board. (b) Bid Acceptance. Instead of Section 11-35-1520(6), the following provision applies. Bids must be accepted unconditionally without alteration or correction, except as otherwise authorized in this code. The governmental body's invitation for bids must set forth all requirements of the bid including, but not limited to: (i) The governmental body, in consultation with the architect-engineer assigned to the project, shall identify by license classification or subclassification in the invitation for bids all subcontractors who are expected to perform work for the prime contractor to or about the construction when those subcontractors' contracts are each expected to exceed three percent of the prime contractor's total base bid. In addition, the governmental body, in consultation with the architect-engineer assigned to the project, may identify by license classification or subclassification in the invitation for bids a subcontractor who is expected to perform work which is vital to the project. The determination of which subcontractors are included in the list provided in the invitation for bids is not protestable pursuant to Section 11-35-4210 or another provision of this code. A bidder in response to an invitation for bids shall clearly identify in his bid only those subcontractors to perform the work as identified in the invitation for bids. If the bidder determines to use his own employees to perform a portion of the work for which he would otherwise be required to list a subcontractor and if the bidder is qualified to perform that work under the terms of the invitation for bids, the bidder shall list himself in the appropriate place in his bid and not subcontract that work except with the approval of the governmental body for good cause shown. (ii) Failure to complete the list provided in the invitation for bids renders the bidder's bid unresponsive. (iii) The governmental body shall send all responsive bidders a copy of the bid tabulation within ten working days following the bid opening. (c) Instead of Section 11-35-1520(10), the following provisions apply: (i) Unless there is a compelling reason to reject bids as prescribed by regulation of the board, notice of an intended award of a contract to the lowest responsive and responsible bidder whose bid meets the requirements set forth in the invitation for bids must be given by posting the notice at a location that is specified in the invitation for bids. The invitation for bids and the posted notice must contain a statement of the bidder's right to protest pursuant to Section 11-35-4210(1) and the date and location of posting must be announced at bid opening. In addition to posting notice, the governmental body promptly shall send all responsive bidders a copy of the notice of intended award and of the bid tabulation. The mailed notice must indicate the posting date and must contain a statement of the bidder's right to protest pursuant to Section 11-35-4210(1). (ii) After five business days' notice is given, the governmental body may enter into a contract with the bidder named in the notice in accordance with the provisions of this code and of the bid solicited. The procurement officer must comply with Section 11-35-1810. (iii) If, at bid opening, only one bid is received and determined to be responsive and responsible and within the governmental body's construction budget, award may be made without the five-day waiting period. (d) Negotiations after Unsuccessful Competitive Sealed Bidding. Instead of Section 11-35-1540, the following provisions apply: (i) If bids received pursuant to an invitation for bids exceed available funds, and it is determined in writing by the governmental body that circumstances do not permit the delay required to resolicit competitive sealed bids, and the base bid, less deductive alternates, does not exceed available funds by an amount greater than ten percent of the construction budget established for that portion of the work, a contract may be negotiated pursuant to this section with the lowest responsible and responsive bidder. The governmental body may change the scope of the work to reduce the price to be within the established construction budget but may not reduce the price below the established construction budget more than ten percent without a written request by the agency and the written approval of the chief procurement officer based on the interest of the State. (ii) If the lowest base bid received pursuant to an invitation for bids exceeds approved available funds and the governmental body is able to identify additional funds for the project, as certified by the appropriate fiscal officers, in the amount of the difference between the lowest base bid and the approved available funds for the project, the governmental body shall submit a request to use those additional funds in accordance with Chapter 47, Title 2. Editor's Note 2008 Act No. 174, SECTION 21, provides as follows: "This act takes effect upon approval by the Governor and applies to solicitations issued on or after January 1, 2008." 2019 Act No. 41, SECTION 80, provides as follows: "SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date." Effect of Amendment 2019 Act No. 41, SECTION 40, in (a), inserted the fifth sentence; in (b)(i), in the first and second sentences, substituted "license classification or subclassification" for "specialty", and in the fourth sentence, substituted "clearly identify in his bid" for "set forth in his bid the name of"; in (c), in (ii), in the first sentence, substituted "five business" for "ten", and in (iii), substituted "five-day" for "ten-day"; and in (d), in (i), in the second sentence, substituted "price" for "cost" in two places and substituted "interest of the State" for "best interest of the State", and in (ii), substituted "in accordance with Chapter 47, Title 2" for "to the board and the Joint Bond Review Committee in accordance with Sections 2-47-40 and 2-47-50", and made a nonsubstantive change.
S.C. Code Ann. § 11-17-50 — SC Code / Title 11 / Chapter 17 / Section 11-17-50
SECTION 11-17-50. Necessity of holding election before issuance of notes.
Status: in_force

Whenever the favorable result of an election is prescribed by the Constitution or applicable statute as a condition precedent to the issuance of bonds by the borrower, then prior to the issuance of any notes pursuant to this chapter, the election shall have been held and shall have resulted favorably to the issuance of such bonds.
S.C. Code Ann. § 11-35-3850 — SC Code / Title 11 / Chapter 35 / Article 15 / Section 11-35-3850
SECTION 11-35-3850. Sale of unserviceable supplies.
Status: in_force

Governmental bodies approved by the Department of Administration may sell any supplies owned by it after the supplies have become entirely unserviceable and can properly be classified as "junk", in accordance with procedures established by the department. All sales of unserviceable supplies by the governmental body must be made in public to the highest bidder, after advertising for fifteen days, and the funds from the sales must be credited to the account of the governmental body owning and disposing of the unserviceable supplies. Editor's Note This section was formerly codified as SECTION 11-35-4020. 2019 Act No. 41, SECTION 80, provides as follows: "SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date." Effect of Amendment 2019 Act No. 41, SECTION 55, in the first sentence, substituted "Department of Administration" for "board" and "department" for "designated board office".
S.C. Code Ann. § 11-48-30 — SC Code / Title 11 / Chapter 48 / Section 11-48-30
SECTION 11-48-30. Compliance certification by tobacco product manufacturers; brand family lists; public inspection; affixing stamp to or offering to sell tobacco products not listed on certification; penalties.
Status: in_force

(A) Each tobacco product manufacturer whose cigarettes are sold in this State, whether directly or through a distributor, retailer, or similar intermediary or intermediaries shall execute and deliver on a form or in the manner prescribed by the Attorney General a certification to the Attorney General no later than the thirtieth day of April each year, certifying under penalty of perjury that, as of the date of this certification, the tobacco product manufacturer either is a participating manufacturer or is in full compliance with Section 11-47-30. (1) A participating manufacturer shall include in its certification a list of its brand families. The participating manufacturer shall update the list thirty days before any addition to or modification of its brand families by executing and delivering a supplemental certification to the Attorney General. (2) A nonparticipating manufacturer shall include in its certification a complete list of all of its brand families: (a) separately listing brand families of cigarettes and the number of units sold for each brand family in the State during the preceding calendar year; (b) listing all of its brand families that have been sold in the State at any time during the current calendar year; (c) indicating by an asterisk a brand family sold in the State during the preceding calendar year that is no longer being sold in the State as of the date of the certification; and (d) identifying by name and address any other manufacturer of the brand families in the preceding or current calendar year. The nonparticipating manufacturer shall update the list thirty days before any addition to or modification of its brand families by executing and delivering a supplemental certification to the Attorney General. (3) In the case of a nonparticipating manufacturer, the certification must certify further that: (a) it is registered to do business in the State or has appointed an agent resident within South Carolina for service of process and provided notice of the appointment; (b) it has established and continues to maintain a qualified escrow fund governed by an executed qualified escrow fund agreement that has been reviewed and approved by the Attorney General; (c) it is in full compliance with Section 11-47-30 and this chapter and regulations promulgated pursuant to them; and (d) the following information is accurate and complete: (i) name, address, and telephone number of the financial institution where the nonparticipating manufacturer has established the qualified escrow fund required pursuant to Section 11-47-30(b) and its regulations; (ii) the account number of the qualified escrow fund and subaccount number for the State of South Carolina; (iii) amount the nonparticipating manufacturer placed in the qualified escrow fund for cigarettes sold in the State during the preceding calendar year, the date, and amount of each deposit, and evidence or verification considered necessary by the Attorney General to confirm that information; and (iv) amounts of and dates of a withdrawal or transfer of funds the nonparticipating manufacturer made at any time from the qualified escrow fund or from another qualified escrow fund into which it made qualified escrow fund payments pursuant to Section 11-47-30(b) and its regulations. (4)(a) A tobacco product manufacturer may not include a brand family in its certification unless: (i) in the case of a participating manufacturer, it affirms that the brand family is to be considered its cigarettes for purposes of calculating its payments under the Master Settlement Agreement for the relevant year, in the volume and shares determined pursuant to the Master Settlement Agreement; and (ii) in the case of a nonparticipating manufacturer, it affirms that the brand family is considered its cigarettes for purposes of Chapter 47 of this title. (b) This item does not limit or otherwise affect the state's right to maintain that a brand family constitutes cigarettes of a different tobacco product manufacturer for purposes of calculating payments under the Master Settlement Agreement or for purposes of Chapter 47 of this title. (5) The tobacco product manufacturers shall maintain all invoices and documentation of sales and other information relied upon for the certification for a period of five years, unless otherwise required by law to maintain them for a greater period of time. (B) The Attorney General shall develop and make available for public inspection or publish on the office web site a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of subsection (A) and all brand families that are listed in the certifications except: (1) The Attorney General shall not include or retain in the directory the name or brand families of a nonparticipating manufacturer that fails to provide the required certification or whose certification the Attorney General determines is not in compliance with items (2) and (3) of subsection (A), unless the Attorney General determines that the violation is cured to his satisfaction. (2) Neither a tobacco product manufacturer nor brand family may be included or retained in the directory if the Attorney General concludes in the case of a nonparticipating manufacturer that: (a) all qualified escrow fund payments required pursuant to Section 11-47-30(b) for any period for a brand family, whether or not listed by the nonparticipating manufacturer, have not been paid fully into a qualified escrow fund governed by a qualified escrow fund agreement approved by the Attorney General; or (b) all outstanding final judgments, including interest on them, for violations of Section 11-47-30(b) have not been fully satisfied for the brand family and the manufacturer. (3) The Attorney General shall update the directory as necessary to correct mistakes, to add or remove a tobacco product manufacturer or brand families, and to keep the directory in conformity with the requirements of this chapter. (4) A cigarette distributor shall provide and update as necessary an electronic mail address to the Attorney General for the purpose of receiving notifications required by this chapter. (5) Notwithstanding the provisions of items (1) and (2) of this subsection, in the case of a nonparticipating manufacturer who has established a qualified escrow fund account that has been approved by the Attorney General, the manufacturer or its brand families must not be removed from the directory unless the manufacturer has been given at least fourteen days notice of the intended action. For the purposes of this section, notice is considered sufficient if it is sent either electronically to an electronic-mail address or by first class to a postal mailing address provided by the manufacturer in its most recent certification filed pursuant to this section. The notified nonparticipating manufacturer has fourteen days from the receipt of the notice to comply. At the time that the Attorney General sends notice of its intent to remove the manufacturer from the directory, the Attorney General shall post the notice directly. (C)(1) It is unlawful for any person to: (a) affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory if such a stamp is required by law; or (b) sell, offer, acquire, hold, own, possess, transport, import or cause to be imported, for sale in this State cigarettes of a tobacco product manufacturer or brand family not included in the directory, or to import such cigarettes for personal consumption. (2) A person who violates the provisions of item (1) of this subsection engages in an unfair and deceptive trade practice in violation of Chapter 5, Title 39. (3) A person who, with knowledge of the prohibitions provided in item (1) of this section violates the provisions of item (1) of this section, is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed one thousand dollars or imprisoned for not more than one year, or both. Each day a violation occurs constitutes a separate offense.
S.C. Code Ann. § 11-15-280 — SC Code / Title 11 / Chapter 15 / Article 3 / Section 11-15-280
SECTION 11-15-280. Statements to be filed in the office of the clerk of court.
Status: in_force

When bonds are bought or sold as provided under the terms of this article, the custodian of the sinking fund effecting the purchase or sale shall file in the office of the clerk of court of the county in which the sinking fund is situate, for public inspection, a list of the bonds offered to him for purchase, showing their amount, price and interest rate and designating therein the bonds actually purchased, and in the event of the sale of bonds, shall file a statement showing all offers received for the purchase of the bonds, designating thereon the offer which was accepted. Such statements filed in the office of the clerk of court may be destroyed by the clerk one year thereafter.
S.C. Code Ann. § 11-11-160 — SC Code / Title 11 / Chapter 11 / Article 1 / Section 11-11-160
SECTION 11-11-160. Transfers of appropriations; reduction of authorized spending when receipts less than estimated.
Status: in_force

The General Assembly shall appropriate all state funds and authorize or appropriate, or both, the use of all federal and other funds for the operations of state agencies and institutions for the current fiscal year. Transfers of these appropriations or authorizations may be approved by the State Fiscal Accountability Authority under its authority or by the agency as provided in the annual general appropriations act. An agency which requests or transfers personal service funds must indicate on the transfer document whether or not a reduction in force is involved. To the extent practicable, all agencies and institutions having federal or other funds available for the financing of their operation shall expend these funds in accordance with the provisions of the annual general appropriations act. The authorization to spend federal and other funds must be decreased to the extent that receipts from these sources do not meet the estimates as reflected in each section of the annual general appropriations act and any increase must be authorized through the review process as provided in Chapter 65 of Title 2. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 11-35-4315 — SC Code / Title 11 / Chapter 35 / Article 17 / Section 11-35-4315
SECTION 11-35-4315. Unauthorized award or modification of a contract.
Status: in_force

The board may provide by regulation for appropriate action where it is discovered either: (a) that a person lacking actual authority has made an unauthorized award or modification of a contract, or (b) that a contract award or modification is otherwise in violation of the Consolidated Procurement Code or these regulations. Editor's Note 2019 Act No. 41, SECTION 80, provides as follows: "SECTION 80. This act takes effect upon approval by the Governor and applies to solicitations issued after that date."